GREEN BUILDING CONTINUING EDUCATION ACT

Portions of the following language are derived from 2003 New York S 1407, 2003 Hawaii HB 93 and 2003 Connecticut HB 5813. This bill assumes that your state has already established general continuing education requirements for architects, including an Health, Safety, and Welfare (HSW) provision. If your state has not, please see New York State Code provisions and Hawaii HB 93 for model language for developing continuing education requirements for architects.

Green Building Continuing Education Act

An Act Establishing mandatory green building continuing education requirements for architects.

Be it enacted by the Legislature of <insert your state here>:

Section 1. Short Title.

This Act shall be known and may be cited as the “Green Building Continuing Education Act.”

Section 2. Declaration of Policy.

It is the policy of <insert your state here> to encourage the construction, rehabilitation, and maintenance of buildings in this state in such a manner as to:

(A) Promote better environmental standards for the construction, rehabilitation, and maintenance of buildings in the state;

(B) Improve energy efficiency and increase generation of energy through renewable and clean energy technologies;

(C) Increase the demand for environmentally preferable building materials, finishes, and furnishings;

(D) Improve the environment by decreasing the discharge of pollutants from buildings;

(E) Create industry and public awareness of new technologies and green design strategies that can improve the quality of life for building occupants; and

(F) Improve the health and productivity of building occupants.

Section 3. Findings and Intent.

(A) The Legislature finds that the state of <insert your state here> would conserve energy and improve the health of its populace by requiring that its licensed architects be educated about green building design. This method of espousing green building practices is inherently cost effective, and favors educating key individuals in the building arena over enforcing new codes, and recognizes the societal value of educating key individuals in the building arena.

(B) The Legislature further finds that the ecological performance of <insert your state here>’s built environment is largely determined by its licensed architects, and thus requires that these individuals be engaged in lifelong learning so that they may contribute to the knowledge base and discipline of architecture as it relates to the environment. Continuing education is necessary to ensure that members of the architectural community possess the skills and expertise they need to compete in a society that is increasingly concerned about the health and well-being of the natural environment. Furthermore, it is the responsibility of <insert your state here>’s architects to serve the state’s best interest, which includes practicing their trade in a manner that minimizes the impact of the built environment on the natural environment, thus safeguarding <insert your state here>’s natural resources and ecological vitality for future generations.

(C) The Legislature further finds that design issues are continually evolving, such as indoor air quality, energy efficiency, and materials use. To ensure that construction in <insert your state here> meets high standards of health and environmental performance, it is imperative that licensed architects continually upgrade their knowledge and become aware of changes in their field. A progressively educated pool of licensed architects in <insert your state here> will advance the development of high-performance buildings, which, in turn, will further <insert your state here>’s goal of fostering a secure energy future.

(D) Therefore, the Legislature hereby creates a mandatory green building continuing education requirement for architects seeking re-licensure.

Section 4. Definitions.

When used in this Act, the following terms are defined as follows:

(A) “Acceptable formal continuing education” means formal courses of learning that contribute to professional practice and that meet the standards prescribed by regulations of the Secretary of State.

(B) “Green building” or “High-performance building” means a building that is designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment on the following:

(1) Site conservation and sustainable planning;

(2) Water conservation and efficiency;

(3) Energy efficiency and renewable energy;

(4) Conservation of materials and resources; and

(5) Indoor environmental quality and human health.

(C) “Green Building Continuing Education” or “GBCE” means formal instruction, including, but not limited to, workshops, seminars, teleconferences, videotapes, and self-study monographs, which is recognized by the American Institute of Architects and is required for re-licensure; specifically, instruction that relates to the design of “green” or “high-performance” structures.

(D) “Health, Safety, and Welfare” or “HSW” means anything in architecture that relates to the structural integrity or soundness of a building or building site. Requirements for HSW training are intended to protect the public and are defined and required by law.

(E) “Practice of the profession of architecture” means rendering or offering to render services that require the application of the art, science, and aesthetics of design in construction of buildings, groups of buildings, including their components and appurtenances, and the spaces around them, wherein the safeguarding of life, health, property, and public welfare is concerned. Such services include, but are not limited to, consultation, evaluation, planning, the provision of preliminary studies, designs, construction documents, construction management, and the administration of construction contracts.

Section 5. Requirements.

(A) This section hereby amends <insert your state’s statute for general continuing education requirements for architects>.

(B) During each <insert the length of your state’s registration period here> registration period, an applicant for registration shall complete a minimum of <insert the total number of continuing education hours required in your state here> hours of acceptable formal continuing education as required by <insert your state’s statute for general continuing education requirements for architects>. A minimum of <insert the appropriate number of health, safety, and welfare credits required by your state here> credits be shall be dedicated to the topics of health, safety, and welfare, as defined in <insert your state’s statute for general continuing education requirements for architects> and, furthermore, at least one of the subject areas studied in order to satisfy those credit requirements shall be selected from the following list:

(1) Energy efficiency;

(2) Environmental toxins, including asbestos, lead-based paint, and toxic emissions;

(3) Environmental analysis and issues of building materials and systems; or

(4) Sustainable design.

(C) The Secretary of State is hereby authorized to issue regulations in conformance with and to carry out the purposes of this Act.

Section 6. Green Building Health, Safety, and Welfare (HSW) Coursework.

(Should your state have interest in expanding the number of HSW courses that relate to green building, the following sample bill language, derived from 2003 Georgia HB 285, may be of use.)

(A) No less than the following <insert the number of courses your state wishes to add here> courses of study shall be included among those for which Health, Safety, and Welfare credit may be awarded:

(1) A fundamentals seminar (Level 1) that provides sufficient instruction to all participants as to the applicable laws, requirements, processes, means, and methods deemed by the state to be central to the effective design of sustainable structures;

(2) An introduction to design seminar (Level 2) that provides sufficient instruction to all participants as to the effective design and review of functional high-performance structures; and

(3) An awareness seminar (Level 1) that provides information regarding green building design practices and processes in the state, and that includes an overview of the systems and laws, which pertain to such practices and processes.

Section 7. Effective Date.

The provisions of this Act shall be effective on <insert date>.

Section 8. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.