Boston, D.C., Adopt Green Building Rules for Private Development

by Brooks Rainwater
Manager, State and Local Issues and Programs

Summary: Boston is the first major U.S. city to implement a green building zoning code. “Article 37” will require all major new and rehabilitation construction projects exceeding 50,000 square feet to earn 26 LEED®-New Construction (NC) points, and a proposed further 4 points reflecting city priorities, including transportation, energy, historic preservation, and groundwater recharge. The city will not require third-party certification; Boston officials will review and confirm developers’ certifications. Additionally, Washington, D.C., is poised to become the first U.S. city to mandate sustainability guidelines for privately owned real estate.

Boston Mayor Thomas M. Menino established a Green Building Task Force in 2003 composed of public and private experts in the field, including Mike Davis, AIA, to recommend a comprehensive green building plan for the city. The change to the zoning code was one of the major recommendations offered by the task force. “Zoning is a tool of public policy. Climate change is a big issue and architecture can play a big part in fixing the problem,” Davis says. “When a governing body says that we need to do something about climate change, then you need to look for people with specialized expertise, and in this case it was people who knew about green building and policy.”

BSA supports changes
The Boston Society of Architects was pivotal in the overall effort. BSA President Hubert Murray, AIA, says, “For the relatively minor cost of following these green building principles, we seek to avert the far greater cost of ignoring them. BSA is very supportive of this important change to the zoning code.”

The new green building zoning provisions bolster other green efforts, including LEED certification of government buildings and city-supported projects. “We are very excited to be at the forefront of green building practice. The business case for Boston, which has guided this initiative, is very compelling for the city, and especially for the architectural community,” says John Dalzell, senior architect, Boston Redevelopment Authority.

“Although Boston may be the first major city in the United States to incorporate green building standards into its zoning code, we are hopeful that this leadership position will be short-lived as many other cities move quickly in the same direction and overtake us in the race to do something about climate change,” Murray adds.

D.C. to require private buildings to go green
Washington, D.C., meanwhile, is poised to become the first U.S. city to mandate sustainability guidelines for privately owned real estate. The D.C. City Council passed The Green Building Act of 2006 on December 5, which calls for all new development in the city to conform to the U.S. Green Building Council’s LEED standard—beginning in 2008 for publicly financed buildings and 2012 for private construction. The act is expected to become a law with U.S. congressional approval, anticipated in March.

In 2008, publicly financed buildings of more than 10,000 square feet will be required to achieve 75 points on the EPA national energy performance rating system and be certified LEED Silver. The act also requires the mayor to review LEED for Schools and circulate rules that require public schools to fulfill or exceed LEED for Schools or a similar rating system that mandates full-building commissioning.

New construction and renovation of private buildings of 50,000 square feet or more will have to switch over to the new standards beginning in 2012. Nonresidential buildings will have to be LEED-certified, while educational facilities (excluding post-secondary educational buildings) will be required to adhere to the LEED for Schools or equivalent standards.
The act also calls for:

• A Green Building Advisory Council (GBAC)
• Green building fund
• Incentives for developers
• A green development ambassador and one green building construction permit application reviewer
• Fast-track permits
• Revision of the construction codes to include green building practices
• Priority leasing for buildings meeting green building standards.

Collaboration with local COTE
AIA DC’s Committee on the Environment collaborated with the city council to draft the initial green legislation, reports component board member Tove Anderson, AIA. They worked with a council member who advocated the measure among her colleagues. With the legislation on the table, the architects joined a coalition of about 30 interests to work with the council and D.C. officials to work out language, testify in its support, and overcome challenges to its fundamental goals.

The task force is now working with the city to define the Green Building Advisory Council and determine who will be involved. Anderson says it was important to get the council members to help drive the measure. She advises other components to find a legislative champion who will promote green building policies and provide a forum where concerns of all involved can be aired and addressed upfront.