Continuing
Education Legislation
The purpose of the legislation described in this section
is to encourage ongoing innovation in the field of architecture
so that new design techniques, which enhance comfort and
safety while preserving resources, are well understood in
the field.
Connecticut
HB
5813 (2003) revises and updates various continuing education
and licensing requirements.
Status: Public hearing 1/28/03.
Hawaii
HB
93 (2003) offers good language for a findings section,
including reasons to back mandatory continuing education
requirements for design professionals.
Status: Carried over to 2004 Regular Session.
New York
A
2107 (2003) requires that architects, as part of a triennial
registration process, fulfill mandatory continuing education
requirements.
Status: Recommitted to Committee on Ways and Means 3/11/03.
Green Building Tax Incentive Legislation
The purpose of the legislation described in this section
is to encourage the construction of green buildings by offering
tax credits intended to offset some of the additional first
costs associated with green building. In general, the bills
listed below award a tax credit proportional to the extent
that the building is green. Although requirements vary,
the bills either directly utilize the Leadership in Energy
and Environmental Design (LEED) Green Building standards,
or adopt standards that are very similar.
Tax Incentives for Green Buildings Using the LEED Rating
System
The following states have introduced or passed bills establishing
a green building tax credit which specifically use the LEED
rating system. The tax credit is allowable against various
business and personal income taxes providing for tax credits
to owners and tenants of eligible buildings and tenant spaces
which meet certain “green” standards. Credit
is awarded based on the level of LEED certification and,
in many cases, the size of the building.
Maryland
Enacted 5/26/04, HB
804 allows the governing body of a county or municipal
corporation to grant a property tax credit against county/municipal
property tax imposed on a high performance building that
meets or exceeds the LEED Silver rating requirements.
See Maryland Statutes § 9-242.
Massachusetts
Introduced 1/1/03, S
1733 would establish a green building income tax credit
for buildings that are designed and operated in accordance
with standards informed by the LEED rating system.
Status: From Joint Committee on Taxation, accompanied study
3/29/04.
Introduced 1/1/03, H
1213 would provide for business and personal income
tax credits for construction, using the LEED rating system
as a guide.
Status: From Joint Committee on Taxation, accompanied study
order H 4651, 4/12/04.
New Jersey
Introduced in the 2003 and 2004 Legislatures, S
2502 / A 1356 is perhaps the most innovative and comprehensive
plan to address urban design and environment issues. Entitled
the “Smart Growth Tax Credit Act,” this bill
provides tax incentives for developers and owners who design
and build residential and mixed-use developments, which
meet specific “smart growth” and “green
building” criteria. These criteria ensure that participating
developments are appropriately located, resource-efficient,
pedestrian-friendly, adequately serviced by mass transit,
and built using materials and technologies that minimize
environmental impacts and provide a healthier built environment.
To be a “green building,” buildings must comply with either
LEED Green Building standards or specific green building
standards set forth in the bill.
Oregon
In 2001, the Oregon Legislature enacted a law establishing
a sustainable building tax credit. The Business
Energy Tax Credit (BETC), Oregon Revised Statutes §
469, is offered to businesses that build sustainable commercial
buildings in accordance with the LEED Green Building Rating
System Silver rating
Pennsylvania
HB
993, introduced 3/26/2003, also requires taxpayers keep
a record of the building’s energy consumption.
Status: In Committee on Finance 3/26/03.
Tax Incentives for Green Buildings Not
Using the LEED Rating System
The following states have passed bills establishing a green
building tax credit which do not specifically utilize the
LEED rating system.The tax credit is allowable against various
business and personal income taxes providing for tax credits
to owners and tenants of eligible buildings and tenant spaces
which meet certain “green” standards.
Maryland
Passed in 2001, SB
745, the Income Tax Credit for Green Buildings, establishes
a tax credit for new buildings or substantial renovations
that meet certain green building standards.
See Maryland Code § 10-722.
Massachusetts
Introduced February 2003, S
1733 puts forth green standards, which are very similar
to a high-level LEED rating. The amount of tax credit given
for whole buildings varies between 7%-8% of allowable costs
over five years, with an aggregate credit cap of $150/sq.
ft. for the base building, and $75/sq. ft. for the tenant
space.
Status: Hearing 4/15/03.
New York
Passed in 2000, Part
II of Chapter 63 of the Laws of 2000 puts forth green
standards, which are very similar to a high-level LEED rating.
The amount of tax credit given for whole buildings varies
between 7%-8% of allowable costs over five years, with an
aggregate credit cap of $150/sq. ft. for the base building,
and $75/sq. ft. for the tenant space.
State Green Building Requirements Legislation
The purpose of the bills described in this section is to
promote energy-efficient and environmentally-friendly buildings.
The bills requires that certain buildings, funded entirely,
or in part, by the state, comply with the LEED Green Building
Rating System.
Arizona
Chaptered in 2003, HB
2324 promotes energy conservation in state buildings
and universities in Arizona, by setting specific energy
use reduction goals and requiring these buildings purchase
cost-effective ENERGY STAR or Federal Energy Management
Program-designated energy-efficient products. The bill also
requires new state buildings meet energy conservation standards
developed by the Arizona Department of Commerce’s Energy
Office, consistent with the standards used in two widely-adopted
model energy codes.
California
Introduced 2/19/03, AB
736 would require the adoption of regulations to implement
design standards for school facilities that conform to guidelines
established by the Collaborative for High Performance Schools
and with consideration of U.S. Green Building Council (USGBC)
Green Building standards.
Status: Passed Senate, to Assembly for concurrence 8/19/04.
Introduced 2/20/04, SB
1851 would require new state public buildings (except
publicly funded schools) to exceed minimum building energy
efficiency standards as regulated by the state building
code and to exceed indoor air quality and green building
standards if the measures achieve certain cost savings.
Status: Assembly third reading 8/18/04.
Connecticut
Introduced 2/11/04, HB
5115 would require the adoption of energy efficiency
components of the LEED rating system for new construction
or rehabilitation of existing buildings that are state-owned
and state-funded.
Status: To Joint Committee on Appropriations 3/3/04. (Legislature
adjourned May 2004)
Introduced 4/22/03, HB
5295 requires any new building constructed, using at
least 50% state funding, shall meet or exceed the LEED Green
Building Rating System Silver rating.
Status: Referred by House to Committee on Appropriations
4/30/03.
Introduced 4/14/03, SB
796 requires that building projects, owned or leased
by the state, meet, or exceed, LEED Green Building Rating
System standards, and that the state establish standards
for life-cycle cost analyses, which shall be used to determine
if a project is cost effective on a life-cycle basis.
Status: Referred by Senate to Committee on Finance, Revenue,
and Bonding 4/23/03.
Georgia
Introduced 2/13/03, SB
137 would require that all state-owned buildings and
facilities that are located in nonattainment areas have
roofs constructed with materials and in such a manner consistent
with energy start program standards and with LEED specifications.
Status: From Senate Committee on State Institutions and
Property, favorably reported 2/12/04. (Legislature adjourned
April 2004)
Introduced 1/27/03, HB
127 requires all buildings that are designed or built
with any monies from the state be designed, constructed,
and maintained in compliance with LEED Green Building Rating
System standards to the extent practicable.
Status: Second House reading 1/28/03.
Maine
LD
540 ensures optimal energy efficiency in state-funded
construction.
LD
799 improves energy efficiency in new school buildings.
Maryland
Introduced 1/27/2003, HB
172 requires the design, construction, operations, maintenance,
and deconstruction of all new state-owned buildings, leased
buildings, and buildings buildings constructed on land leased
from the state meet, or exceed, LEED Green Building Rating
System Silver rating. The bill also requires that reasonable
efforts be made by units of state government to incorporate
green building methodologies into existing state-owned,
leased, or operated buildings.
Massachusetts
Introduced 1/1/03, H
529 promotes increased energy efficiency in large buildings
in the Commonwealth.
Status: From Joint Committee on Energy; Accompanied Study
Order H 3809 4/14/03.
New Jersey
Introduced 2/9/04, S
941 would require that any building constructed by or
for the state be designed and managed, to the maximum extent
practicable and feasible, so that it may be certified at
the highest possible level according to standards set forth
in the USGBC Green Building Rating System.
Status: To Senate Committee on Economic Growth, Agriculture,
and Tourism 2/9/04.
Introduced 6/6/02, A
2393 provides that any building, constructed by or for
the state, must be designed and managed, to the maximum
extent practicable and feasible, so that it may receive
the highest possible LEED rating; the bill also requires
the state to conduct a study using the LEED Green Building
Rating System to measure and evaluate the energy and environmental
performance of each building owned or leased by the state.
Ohio
Introduced 10/14/2003, HB
298 requires any building, owned or operated in whole,
or in part, by a state agency, be designed, constructed,
renovated, and maintained in compliance with the LEED Green
Building Rating System.
Status: To House Committee on Homeland Security, Engineering,
and Architectural Design 10/16/03.
Washington
Introduced 1/20/03, HB
1171 requires the state to adopt a policy to incorporate
green building principles in the construction and renovation
of major facilities by state agencies, public higher education
institutions, and local school districts.
Status: To House Committee on Capital Budget 1/23/03.
State Use of the International Energy Conservation Code
(IECC)
The IECC is currently effective statewide in nine states:
Arizona, Idaho, Michigan, New York, North Carolina, South
Carolina, Texas, Utah, and Wisconsin.
For additional information, visit the International
Code Council online.
State and Local Use of the LEED Rating System
States that use the LEED rating system are New York, New
Jersey, Pennsylvania, Maryland, Connecticut, California,
Massachusetts, and Rhode Island.
Local governments that use LEED and LEEDTM are Seattle,
Washington; Portland, Oregon; Chicago, Illinois; Fairfax,
Virginia; Arlington, Virginia; Austin, Texas; and Santa
Monica, California.
Other Building Efficiency-Related Legislation
Kansas
Chaptered 4/22/03, HB
2131 amends the law regarding thermal efficiency standards
for commercial, industrial, and residential buildings. The
new law:
- Designates the International Energy Conservation Code
2003 as the thermal efficiency standard for new commercial
and industrial buildings;
- Requires disclosure of residential building energy efficiency
information to prospective buyers, upon request or prior
to closing; and
- Provides for rewording of the residential energy efficiency
disclosure form to refer to the International Energy Conservation
Code 2003 and to a Home Energy Rating score of 80 or greater
on the Mortgage Industry National Home Energy Rating System
Accreditation Standard.
Maryland
Introduced 1/28/04, SB 206 would establish a 10% price preference
for high performance buildings in the award of specified
public contracts by competitive sealed bid or competitive
sealed proposal.
Status: Passed Senate, to House Committee on Health and
Government Operations 3/19/04. (Legislature adjourned May
2004)
New York
Introduced 2/19/03, S
2024 seeks to appropriate $5,000,000 to the New York
City Housing Authority for the purpose of effectuating the
installation of energy conservation measures.
Status: To Senate Committee on Housing, Construction, and
Community Development 2/19/03. |
