Environmental Lawyer Blog

By ELIZABETH WATSON

California’s first-in-the-nation set of mandatory green building standards for new construction is slated to take effect on January 1, 2011. Referred to officially as the California Green Building Standards Code, CALGreen applies to all new public and privately-constructed commercial and residential buildings. Integrated within the state’s Building Standards Code, it includes a matrix of mandatory requirements as well as two sets of voluntary measures tailored to residential and non-residential building classifications.

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By RYAN IWASAKA

As the economics of green buildings continues to align with the social and political pressures of climate change, many national and regional businesses are “greening” their form leases by including provisions that address everything from the installation of energy efficient lighting to the use of toilet paper that incorporates minimum percentages of recycled product. Whether it is a cost-saving measure or just good public relations, the greening of commercial leases has been viewed generally as a step in the right direction. Nevertheless, every landlord should pay more attention to the “green” language in its prospective tenant’s form lease because, like with so many other provisions, the terms are likely still skewed in the tenant’s favor.

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By ELIZABETH WATSON

Deadline Approaches for Disclosure of Energy Efficiency Rating of Commercial Buildings

One of the ongoing challenges in making the case for “green building” has been to monetize the value of high-efficiency features, such as reduced energy consumption. In a “light-bulb” moment, the California Legislature enacted Assembly Bill 1103 (“AB 1103”) in its 2007 legislative session as a means to assure that a building’s energy efficiency is a factor in certain sale, lease and loan transactions. Specifically, AB 1103 requires disclosure of energy-usage data of commercial buildings utilizing the U.S. Environmental Protection Agency’s Energy Star Portfolio Manager program (“EPA Portfolio Manager”). The thinking behind this new “statistic” is to quantify the benefits of energy-efficiency upgrades by providing a standardized metric for energy performance in the marketplace. With implementing regulations in process, the question is what will be required of building owners as the deadline for compliance approaches?

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By ROGER J. HOLT

The Urban Land Institute (ULI), a nationally recognized organization which encourages sustainable development practices, has favorably reviewed SB 375 in its June 2010 report, “SB 375, Impact Analysis Report.” Adopted in 2008 by the California Legislature, SB 375 for the first time links land use decisions to funding of transportation infrastructure.

Continue reading "Urban Land Institute Favorably Reviews California’s Law to Reduce Greenhouse Gas Emissions By Curbing Urban Sprawl " »

By ROGER J. HOLT

A story from the New York Times, published March 3rd underscores what we have been saying for over a year: green leases -- or commercial leases that draw on the benefits of sustainability -- are attracting the attention of both tenants and investors.

The story, "Seeing the Investor Value in Being Green," reports that a German real estate investment company, Jamestown Properties, has proclaimed that it will go "green" in its entire $4 billion portfolio of buildings here in the U.S. According to the New York Times, Jamestown will overhaul its existing properties by installing low-flow water fixtures and better lighting, by revamping heating, ventilation and air conditioning systems, and even by adding bike-share stations to some of its buildings. Jamestown expects to spend between $3 million and $10 million to retrofit its properties, the Times reported. (Click here to read the article.)

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By ROGER J. HOLT

Despite a troubled economy, developers are exploring the opportunity for new Leadership in Energy and Environmental Design (LEED) certified energy efficient buildings. Likewise, many tenants are also bent on reducing their carbon footprints and meeting emerging corporate sustainability requirements demanded by their customers and encouraged by their employees. As a result, many tenants today desire to be in buildings that truly manage their energy, water and resource consumption. The bottom line is this: Building “green” requirements into commercial leases can result in growing dollars in your pocket.

But what are “green” leases? Under one definition, green leases encourage sustainability in the construction, renovation and operation of commercial buildings. Sustainability is best viewed as a journey -- a process of continued improvement to achieve higher efficiencies in water and energy usage, as well as recycled materials, waste minimization, healthier indoor air, and ever more efficient transportation options for the tenant’s employees and customers.

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The California Climate Action Registry recently recognized Greenberg Glusker for the firm’s extensive commitment to climate change and sustainability. That commitment was on display in the office remodel making it a true green office.

The key elements included recycling and reusing materials from the old design and incorporating them into the remodel of the firm’s new interior spaces. From the metal screws to wood panels to light fixtures, nearly 95 percent of the materials were recycled and reused.

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By CHRISTOPHER G. FOSTER

California wineries are joining the increasing number of industries that are instituting sustainable and carbon-friendly methods of operation. To date, although only one winery, located in Napa Valley, has received LEED (Leadership in Energy and Environmental Design) certification from the U.S. Green Building Council , numerous wineries and vineyards are implementing growing, harvesting, fermentation, storage, bottling and shipping practices that reduce pesticide and water use, conserve energy and maximize recycling. These practices include increased use of renewable energy such as solar and biofuels, reduced tillage, increased use of drip irrigation, conversion of harvesting and juice processing activities to nighttime operations, changing lighting from incandescent to fluorescent systems, use of cover for barrel aging rather than warehouses and foam insulation on fermentation and storage tanks. While providing a potential marketing advantage and favorable public perception, these measures also have a direct impact on the facility’s bottom line by decreasing the usage, and associated costs, of water and energy.

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