LEGISLATIVE UPDATE: THE LEED GREEN BUILDING RATING SYSTEM AND RELATED LEGISLATION AND GOVERNMENTAL STANDARDS CONCERNING SUSTAINABLE CONSTRUCTION

LEGISLATIVE UPDATE

The LEEDTM Green Building Rating System and Related Legislation and Governmental Standards Concerning Sustainable Construction
by Christopher D. Montez and Darren Olsen

In this Legislative Update, we digest the Leadership in Energy and Environmental Design (LEEDTM ) Green Building Rating System that was first established by the U.S. Green Building Council (USGBC) in 1998. The LEEDTM rating system "is a voluntary national standard in which construction and renovation projects earn credits toward certification as sustainable buildings."1 The USGBC claims to be "the nation’s foremost coalition of leaders from across the building industry working to promote buildings that are environmentally responsible, profitable and healthy places to live and work."2

The USGBC’S Creation of the LEEDTM Green Building Rating System
Undoubtedly, construction work within the United States generates a lot of waste. Approximately 40 percent of all U.S. building materials disposed of had been discarded during construction, but the construction industry produces only about 8 percent of our nation’s gross domestic prodect.3 This means that the construction industry’s activities have a much greater impact on our nation’s environment than they do on our nation’s economy.4 In addition to affecting how much solid waste we generate, the construction industry affects the environment by modifying "natural hydrologic cycles, [contributing] enormously to global environmental change, [having] tremendous effects on biodiversity, [contributing] to soil erosion, [and having] major negative effects on water and air quality..."5
"Green" building, or the movement toward sustainable construction, can be defined as "creating a healthy built environment based on ecologically sound principles." Further, it looks "at the entire life cycle of the built environment: planning, design, construction, operation, renovation and retrofit, and the end-of-life fate of its materials."6
In 1993, the USGBC was established, and this coalition of members of the construction industry began to encourage the industry to build "green" or to build according to sustainable construction principles.7 The USGBC ultimately promulgated the LEEDTM rating system that would evaluate the siting, design, construction, and operational aspects of newly constructed and renovated buildings.8
Under the LEEDTM evaluation, a building’s performance is rated according to the following categories and associated possible points to be awarded: up to fourteen points for sustainable sites that include landscaping erosion control, proximity to alternative modes of transportation, stormwater management, and brownfield redevelopment; up to five points for water efficiency, including water efficient landscaping, water use reduction, and innovative wastewater technologies; up to seventeen points for energy and atmosphere performance, including optimized energy performance, CFC reduction in HVAC equipment, and fundamental building systems commissioning; up to thirteen points in the materials and resources category, including resource reuse, recycled content, use of local regional materials as opposed to materials delivered from long distances, construction waste management, and storage and collection of recyclables; up to fifteen points for indoor environmental quality performance, including carbon dioxide monitoring, use of low-emitting materials such as paints, carpets, adhesives, and composite woods, thermal comfort, and optimal use of daylight and views; and up to five points for innovation and design of the building (with one point being awarded if the project design team includes a LEEDTM accredited professional).9
A total of sixty-nine points are available to be earned in the LEEDTM rating system, and a building can achieve one of four categories of certification.10 The LEEDTM Certified level is awarded to buildings that earn between twenty-six and thirty-two points.11 LEEDTM Silver is reserved for buildings that earn between thirty-three and thirty-eight points.12 If a building earns between thirty-nine and fifty-two points, it is awarded the LEEDTM Gold certification.13 Finally, any building that earns fifty-two points or more may be awarded the LEEDTM Platinum classification.14
Contrast these building standards with how one commentator describes the normal building process: a "typical, [building} code compliant building makes minimal efforts to address energy and water issues and totally ignores materials waste, impacts on the construction site and any other issue not specifically covered in the building codes"15 The LEEDTM standards are available for or under development for new commercial projects, renovations, commercial interior projects, homes, and neighborhood developments.16 They pose a clear alternative to the typical building code compliant project.
What follows is a brief survey of legislation or government-backed initiatives that currently exist around the country regarding sustainable construction. This summary is not exhaustive, but it does highlight this new arena of sustainable construction. Included in this survey is what some construction industry associations are recommending with respect to the green building movement.

Federal Government Initiatives

U.S. Department of Defense
At the end of 2003, Pentagon Renovation Program Manager Michael R. Sullivan accepted recognition from the USGBC regarding the newly constructed Pentagon Metro Entrance Facility’s achievement of LEEDTM certification for having "met measured goals in creating a high performance sustainable environmental design."17 The Pentagon Metro Entrance Facility was completed in November 2002 and is the first Department of Defense facility in the national capital region to obtain LEEDTM certification.18

U.S. Department of Energy
In 2003, the construction of the Central Supply Facility (CSF) at the Department of Energy’s Argonne National Laboratory earned the Silver rating by LEEDTM.19 The sustainable design of the CSF has reduced electric energy consumption by 20 percent and natural gas use by 30 percent, as well as dropping water consumption by over 50 percent.20 The CSF was recognized as the first building owned by the federal government to achieve the Silver LEEDTM certification.21

State Government Initiatives, Executive Orders, and Related Legislation’

Arkansas
As of April 2005, legislation known as Act 1770 passed both Arkansas House of Representatives and Senate. It is an "act to promote the conservation of energy and natural resources in the design of state building projects through the use of sustainable building rating systems..."22 Act 1770 encourages state agencies to apply the current LEEDTM green building rating system to new construction or renovation projects financed by state funds.23

California
In 2000, then-Governor Gray Davis issued Executive Order No. D-16-00, in which he established the state’s sustainable construction goal as "to site, design, deconstruct, construct, renovate, operate, and maintain state buildings that are models of energy, water, and materials efficiency; while providing healthy, productive and comfortable indoor environments and long-term benefits to Californians."24 While there are no state mandated sustainable construction standards, a state-sponsored organization known as the Sustainable Building Task Force has developed a set of standards based on the LEEDTM rating system. They are specifically designed for California in that the draft standards incorporate relevant California laws and policies.25

Maine Maine established the Clean Government Initiative (Initiative) in 2002 to meet "applicable environmental compliance requirements and to incorporate environmentally sustainable practices into all state government functions."26 The Initiative’s responsibilities include the making of "improvements in energy efficiency, including facility siting, design, construction and management..."27 In connection with these responsibilities, Maine’s governor issued Executive Order No. 8 FY 04/05, in which he directed that the "design, construction, operation, and maintenance of any new or expanded State building shall incorporate the standards" set forth in the USGBC’s LEEDTM rating system, Version 2.1 or its current version.28 Additionally, the Executive Order directed that any state building to be renovated must incorporate the standards set forth in the LEEDTM –EB rating system, a standard for existing buildings, or its then-current version.29

Maryland
Maryland provides property owners the opportunity to earn a tax credit for the construction or renovation of buildings, commercial or residential, that satisfies certain standards to achieve a "green" raging.30 This evaluation must be "consistent with the criteria for green base buildings set forth by the United States Green Building council or other similar criteria."31 Accordingly, the LEEDTM rating system is incorporated into Maryland’s "green" standards.

Michigan
In 2005, Governor Jennifer M. Granholm issued Executive Directive No. 2005-4, in which she ordered the Department of Management and Budget "to adopt policies and procedures to ensure that all new construction and major renovation of state owned facilities, including all capital outlay projects, shall be accomplished consistent with LEED guidelines and standards, and shall score a minimum of 26 points on the LEED scorecard..."32 Currently, all state capital projects valued at over $1 million must be designed and constructed in accordance with the LEEDTM standatds.33

Minnesota
Minnesota’s Departments of Administration and of Commerce, along with other state agencies, have developed the Minnesota Sustainable Building Guidelines (MSBG) for the construction of all new state buildings as required by Minnesota Statute section 16B.325.34 This legislation required that the guidelines "include air quality and lighting standards and that [they] create and maintain a healthy environment and facilitate productivity improvements; specify ways to reduce material costs; and must consider long-term operating costs of the building, including the use of renewable energy sources and distributed electric energy generation that uses a renewable source or natural gas or a fuel that is as clean or cleaner than natural gas."35 Additionally, the statute requires MSBG to be "mandatory for all new buildings receiving funding from the bond proceeds fund after January 1, 2004."36
The current iteration of the MSBG, known as Version 1.1, operates until the end of 2005, when it will be reviewed.37 The MSBG Version 1.1 is not connected to the LEEDTM guidelines.38 It focuses more on performance-based targets for "green" buildings, as opposed to simply rating a building by prescriptive guidelines such as the LEEDTM SYSTEM.39 Another key feature is that the MSBG standards were created with "regional values, priorities, and requirements" in mind.40

Nevada
Legislation pending before the Nevada Assembly would require all state public buildings constructed or renovated that receive state financing to "be certified at or meet the equivalent of the silver level or higher in accordance with the Leadership in Energy and Environmental Design Green Building rating system or its equivalent..."41

New Jersey
In 2002, then-Governor of New Jersey James E. McGreevy issued Executive Order No. 24, which ordered that "all new school designs shall incorporate the guidelines developed by the United States Green building council known as Leadership in Energy and Environmental Design (‘LEED’), Version 2.0 to achieve maximum energy efficiency and environmental sustainability in the design of schools."42 Only LEEDTM-accredited contractors will secure school construction work from New Jersey’s Schools Construction Corporation, a state agency that since 2000 has had an $8.6 billion budget to build as many as 200 schools within a decade.43

New York
In New York, constructing a new building or rehabilitating an old one may permit a property owner to earn a tax credit if the owner decides to build or renovate "green."44 The New York State Department of Environmental Conservation (DEC) oversees the process in which an owner applies for and ultimately receives approval for the tax credit.45 Almost all of the standards are developed by the DEC, as well as the New York State Energy Research and Development authority (NYSERDA).46 The tax credit statute, however, directs the DEC and NYSERDA to "be informed by the LEED rating system" for the purpose of developing "green" standards for "building materials, finishes and furnishings, including but not limited to concrete and concrete masonry units; wood and wood products; millwork substrates; insulation; ceramic, ceramic/glass and cementitious tiles; ceiling tiles and panels; flooring and carpet; paints, coatings, sealants and adhesives; and furniture."47

Ohio
While our research reveals no state government-backed initiatives specifically related to the LEEDTM rating system, as of December 2004 there are more than forty LEEDTM –registered construction projects in Ohio.48 They include the Adam Joseph Lewis Center at Oberlin College in Oberlin, Ohio; the U.S. Federal Courthouse—U.S. General Services Administration building in Youngstown, Ohio; and the Cleveland Environmental Center.49

Oregon
Oregon Revised Statute section 184.423 sets forth the legislature’s findings and goals regarding sustainability.50 One of the objectives is for Oregon to invest "in facilities, equipment and durable goods [that] should reflect the highest feasible efficiency and lowest life cycle costs."51 In furtherance of that goal, an Oregon state agency may construct or renovate a facility "only if the authorized state agency determines that the design incorporates all reasonable cost-effective energy conservation measures and alternative energy systems."52 In line with these legislative principles, Oregon’s Department of Administrative Services enacted a policy in November 2004 that requires construction and renovation projects of state owned facilities to meet the Silver level of the LEEDTM rating system in its designs.53

Pennsylvania
Although Pennsylvania has not enacted any legislation regarding the implementation of LEEDTMstandards or their equivalent, in 1998 then-Governor Thomas J. Ridge, through an executive order, established the Governor’s Green Government Council (GGGC) to "facilitate the incorporation of environmentally sustainable practices...into Commonwealth government’s planning, operations, and policymaking and regulatory functions, and to strive for continuous improvement in environmental performance with the goal of zero emmissions."54
The GGGC is directed to cooperate with the Commonwealth’s agencies and each agency "shall develop an annual plan, to be known as a Green Plan, outlining the actions the agency will take in the coming year to incorporate environmentally sustainable practices into its planning, operations, policymaking, and regulatory functions and to strive for continuous improvement in environmental performance with the goal of zero emissions."55 In addition, each agency "shall focus on planning and operations, particularly energy efficiency, including building design and management, procurement of environmentally friendly commodities and services..."56 This latter directive would encourage an agency to incorporate green building rating standards like LEEDTM into its annual "Green Plan."

Rhode Island
In Rhode Island, the state’s energy conservation code is required to "contain provisions pertaining to, but not limited to, the construction of buildings, the use of renewable energy resources in buildings, the efficient use of energy within buildings, and the orientation of buildings on their sistes."57 These legislative requirements appear to be consistent with the prescriptions set forth in the LEEDLEEDTM rating system. It is being reported that Rhode Island state officials are considering adopting LEEDLEEDTM‘s Silver standard as the guide for future construction and renovation of state public buildings.58 The Rhode Island governor could issue an executive order mandating the adoption of the LEEDLEEDTM Silver standard, much like the governors of Maine and New Jersey.

Vermont
Under the direction of Governor Jim Douglas, Vermont’s Department of Building & General Services has established new design guidelines for buildings designs in which the department adopted the principals of the LEEDTM rating system.59

Virginia
As expressed in statute section 11-34.1, it is the policy of the Commonwealth of Virginia "to encourage public bodies to invest in energy conservation measures and facility technology infrastructure upgrades that reduce energy consumption, produce a cost savings, and improve the quality of indoor air in facilities, and when economically feasible, operate, maintain, or renovate facilities in such a manner so as to minimize energy consumption and reduce operational costs associated with facility technology infrastructure."60 Two bills have been introduced but have been stymied: H.J. 600, which would encourage local school boards and local governments to adopt the LEEDTM rating system into their procurement practices construction projects, and H.J. 109, which would encourage the same for the Boards of Visitors at Virginia’s public institutes of higher education.61 H.J. 109 passed the House of Delegates but failed in the Senate; H.J. 600 remains in committee in the House of Delegates.62

Washington
In Washington statute section 39.35.010, the state legislature declared that "energy conservation practices including energy management systems and renewable energy systems adopted for the design, construction, and utilization of such facilities will have a beneficial effect on our overall supply of energy..."63 In furtherance of this declaration, Washington Governor Gary Locke earlier this year issued Executive Order No. 05-01, in which he ordered that all building construction projects and major remodels over 25,000 gross square feet entering the pre-design phase in the 2005-07 Biennium and thereafter, will be built and certified to the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) Silver Standard, or certified by the Department of General Administration (GA) to an equivalent standard that recognizes forest products which are manufactured from forests regulated under the Washington Forest Practices Act, or have obtained a credible third-party sustainable forest certification.64
According to the Executive Order, the LEEDTM Silver standard, however, will not be required of building or renovation projects between 5,000 and 25,000 gross square feet.65

Municipality Sustainable Construction Initiatives

Austin, Texas
In the early 1990’s, Austin, Texas, began its sustainable construction movement when initiated its Green Building Program.66 That initiative sets forth sustainable building guidelines and resources to the public with respect to the construction of city facilities, residences, commercial buildings, and multifamily projects.67

Chicago, Illinois
In 2004, the city adopted the Chicago Standard "to guide the design, construction, renovation, operation and maintenance of municipal facilities in a manner that provides healthier indoor environments, reduces operating costs and conserves energy and resources."68 That standard is based on the LEEDTM guidelines.69

Dallas, Texas
Dallas is currently developing an "Environmentally Preferred Procurement and Sustainable Practices Policy."70 In recent years, the city has constructed two buildings that opened their doors with LEEDTM certifications: the Jack Evans Police Headquarters and the Ecology Parks Building.71 In November 2004, Dallas began construction of a 60,000-square-foot animal shelter designed to achieve a LEEDTM Silver certification for water conservation and energy efficiency.72

Denver, Colorado
Denver Maintains programs that "address and promote sustainability in the City and County of Denver."73 One such project is the Green Building Fund, which is "to enable the city to fund energy efficiency, conservation and renewable energy projects for new and remodeled municipal buildings."74 By 2010, the city will require that any private or quasipublic building project that receives city, state, or federal funds that pass through the city’s budget must meet the LEEDTM Silver certification rating.75

Eugene, Oregon
In 2000, Eugene’s city council passed "A Resolution Adopting a Definition and Statement of Intent Regarding the Application of Sustainability Principles to the City of Eugene."76 The city accepts its responsibility to "Support a stable, diverse and equitable economy[;] protect the quality of the air, water, land and other natural resources [;] conserve native vegetation, fish, wildlife habitat and other ecosystems[; and] minimize human impacts on local, regional and worldwide ecosystems."77 In 2004, the city’s Facility Management Division began applying the USGBC’s LEEDTM certification standards to existing facilities.78

Portland, Oregon
In 2001, Portland adopted its Green Building Standard and Policy, which "directs new and major retrofitted City facilities to meet the certified level of the Portland LEED Green Building Rating System."79 That standard is based on the USGBC’s LEEDTM criteria.80 It will apply to "all facilities projects constructed, owned, managed or financed by the City."81

San Jose, California
San Jose "encourages building owners, architects, developers, and contractors to incorporate meaningful sustainable building goals early in the design process."82 In furtherance of this goal, in 2002 that city mandated that "all City of San Jose facilities...be designed to meet" the LEEDTM Certified level rating.83

Santa Monica, California
This city has adopted a comprehensive plan regarding how it intends to achieve sustainability in all aspects of the community.84 The city’s plan states that the total number of LEEDTM-certified buildings, as a percent of new construction, is an indicator of whether the city is a leader in "green" construction.85 By 2010, the city’s plan for increasing the number of "green" buildings calls for 100 percent of all buildings greater than 10,000 square feet that are eligible for LEEDTMcertification shall "achieve LEEDTM certification or its equivalent."86 Additionally, the plan specifies that 20 percent of these buildings should attain a Silver rating, 10 percent should attain a Gold rating, and 2 percent should attain a Platinum rating under the LEEDTM system or its equivalent.87 Finally, the city’s plan requires that by 2010 half of all new buildings that are less than 10,000 square feet shall achieve LEEDTM certification or its equivalent if the structures are eligible.88

Scottsdale, Arizona
In 2005, Scottsdale became the first city in the nation to adopt the LEEDTM Gold certification level to be the minimum standard for "all new, occupied city buildings, of any size, [to] be designed, contracted and built."89

Seattle, Washington
Seattle has adopted a "Sustainable Building Policy" that specifies the LEEDTM green building system as the benchmark for the method used when evaluating the environmental performance of the city’s buildings.90 It was the LEEDTM program because it is an established national standard and "allows Seattle to measure its sustainable building performance relative to other jurisdictions using LEEDTM."91 It should be noted that Seattle was the first municipality in the nation to adopt the LEEDTM rating system’s Silver certification for its own major construction projects.92

Construction Industry Associations

American Institute of Architects
The American Institute of Architects’ Committee on the Environment (COTE) maintains a mission of leading and coordinating "the profession’s involvement in environmental and energy-related issues and to promote the role of the architect in preserving and protecting our planet from environmental damage."93 COTE suggests that when a public or private owner plans a sustainable building, it should require that any proposal must be developed, in part, with the help of a LEEDTM-accredited design professional.94 COTE does not recommend that the LEEDTM rating system standards be mandatory for the proposal but that this particular sustainability rating system be used as a guide for the projects design.95

National Association of Home Builders
The National Association of Home Builders (NAHB) is fully aware that the USGBC is currently developing a LEEDTM rating system for use in the residential construction industry.96 The NAHB, however, opposes making such guidelines mandatory because of the fear that such legislation would unnecessarily increase the costs of the construction of new houses, especially entry-level homes.97 In 2005, the NAHB completed its own Model Green Home Building Guidelines, which it says are "designed to move environmentally friendly home building concepts further into the mainstream marketplace."98

Endnotes

1. What Is LEED? at www.greenerbuildings.com/leed_definition.cfm (accessed Apr. 16, 2005).
2. Meet the USGBC, at www.usgbc.org/DisplayPage.aspx?CategoryID=1 (accessed on Apr. 16, 2005).
3. Charles J. Kibert, Proceedings of the 8th Annual Public Interest Environmental Conference: Policy Instruments for a Sustainable Built Environment, 17 J. LAND USE & ENVTL. L. 379, 380 (Spring 2002).
4. Id.
5. Id. at 382.
6. Id. at 383.
7. Id. at 384.
8. Id.
9. LEEDTM" : Leadership in Energy & Environmental Design, Rating System Version 2.0, Including the Project Checklist (June 2001), available at www.usgbc.org/LEED/publications.asp#LEEDRS21.
10. Id.
11. Id.
12. Id.
13. Id.
14. Id.
15. Charles J. Kibert, Green Buildings: An Overview of Progress, 19 J. LAND USE & ENVTL. L. 491, 494 (Spring 2004).
16. LEED: Leadership in Energy and Environmental Design, at www.usgbc.org/DisplayPage.aspx?CategoryID=19 (accessed on May 12, 2005).
17. Press Advisory No. 147-03, Pentagon Renovation Program, at www.defenselink.mil/advisories/2003/pa20031201-0701.html (accessed on Apr. 23, 2005).
18. Id.
19. Argonne Building Achieves "Green" rating, DOE THIS MONTH, Apr. 2003, at 6.
20. Id.
21. Id.
22. H.D. 2445, available at www.arkleg.state.ar.us? (accessed on May 8, 2005) (sponsored by Sam Ledbetter).
23.Id.
24.California Exec. Order No. D-16-00 (Aug. 2, 2000), available at www.energy.ca.gov/releases/2000_releases/executive_order_D1600.html.
25. Sustainable Building Task Force home page, at www.ciwmb.ca.gov/GreenBuilding/TaskForce/ (accessed on May 8, 2005); Standards: Blueprint Tasks, at www.ciwmb.ca.gov/GreenBuilding/TaskForce/Blueprint/Task3.htm (accessed on May 8, 2005).
26. ME. REV. STAT. ANN. tit. 38 section 343-H.1 (West 2004)
27. Id. section 343-H.2.B(2).
28. An Order regarding the Use of "LEED" Building Standards for State Buildings, Me. Exec. Order No. 8 FY 04/05 (Nov. 24, 2003).
29. Id.
30. MD.CODE ANN., TAX-GEN. section 10-722 (2004).
31. Id. section 10-722(i).
32. Energy Efficiency in State Facilities and Operations, Michigan Exec. Directive No. 2005-4 (Apr. 22, 2005), available at www.michigan.gov/gov/0,1607,7-168-21975_22515-116177__,00.html.
33. Id.
34. MINN. STAT. section 16B.325 (2004).
35. Id.
36. Id.
37. The State of Minnesota Sustainable Building Guidelines (MSBG): Buildings, Benchmarks, and Beyond, Overview, at www.csbr.umn.edu/B3/overview.html (accessed on May 8, 2005).
38. The State of Minnesota Sustainable Building Guidelines (MSGB): Buildings, Benchmarks, and Beyond, Overview: Introduction, at www.csbr.umn.edu/B3/intro.html (accessed on May 8, 2005).
39. Id.
40. Id.
41. A.B. 385, available at www.leg.state.nv.us/73rd/Reports/history.cfm?DocumentType=1&BillNo=385 (accessed on May 8, 2005).
42. New Jersey Exec. Order No. 24 (July 29, 2002), available at www.state.nj.us/infobank/circular/eom24.htm.
43. Earl Ainsworth, Construction and Zoning: "Green" Accreditation Takes Off, 12 N.J. LAW.: WKLY., no. 37 (Sept. 22, 2003).
44. N.Y. T AX LAW SECTION 19 (CONSOL. 2005).
45. Id. section 19(c).
46 Id. section 19(e).
47. Id. section 19(e)(3)(A).
48. Green Building Projects in Ohio, Office of Compliance Assistance and Pollution Prevention: Fact Sheet, No. 104, December 2004, at www.epa.state.oh.us/ocapp.
49. Id.
50. OR. REV. STAT. section 184.423 (2003).
51. Id. section 184.423(1)(b).
52. Id. section 276.915(1).
53. Sustainable Facilities Standards and Guidelines, Number 125-6-010, Department of Administrative Services Policy Manual, effective Nov. 1, 2004.
54. Pennsylvania Exec. Order No. 1998-1 (Mar. 25, 1998).
55. Id.
56. Id.
57. R.I. GEN. LAWS section 23-27.3-100.1.5.4 (2005).
58. RIEDC--Real Estate & Community Development—Green Building, available at www.riedc.com/riedc/business_services/12/326/ (accessed on May 8, 2005).
59. Department of Buildings & General Services, at www.bgs.state.vt.us/environment/accomplishments.html (accessed on May 8, 2005).
60. VA. CODE ANN. section 11-34.1 (Michie 2004).
61. H.J. 600, LEED Green Bldg. Rating System; Local School Boards & Governing Bodies to Use in Practices, at http://legl.state.va.us/cgi-bin/legp504.exe?051+sum+hj600 (accessed on May 8, 2005); H.J. 109, LEED Green Bldg. Rating System; Board of Visitors of Higher Education to Use in Practices, at http://legl.state.va.us/cgi-bin/legp504exe?051+sum+hj109 (accessed on May 8, 2005).
62. Id.
63. WASH. REV. CODE section 39.35.010(2) (2005).
64. Establishing Sustainability and Efficiency Goals for State Operations, Wash. Exec. Order No. 05-01 (Jan. 5, 2005).
65. Id.
66. City of Austin—Green Building Program: History, Part 1, at www.ci.austin.tx.us/greenbuilder/history1.html (accessed on May 9, 2005).
67. Id.
68. City of Chicago: The Chicago Standard, at http://cityofchicago.org (accessed on May 9, 2005).
69. Id.
70. City of Dallas Energy Efficiency, at www.dallascityhall.com/dallas/eng/html/energy_efficiency.html (accessed on May 7, 2005).
71. Id.
72. Id.
73. Division of Environmental Protection, Sustainable Initiatives, at www.denvergov.org/Environmental_Protection/template1272.asp (accessed on Apr. 23, 2005).
74. Id.
75. Id.
76. Resolution No. 4618, A Resolution Adopting a Definition and Statement of Intent Regarding the Application of Sustainability Principles to the City of Eugene, available at www.ci.eugene.or.us/PDD/Sustain/resolution_no_4618.htm (accessed on May 7, 2005).
77. Id.
78. Eugene City Council Agenda Item Summary, at www.ci.eugene.or.us/council/agenda/s041108b.pdf (accessed on May 7, 2005).
79. Archived Press Releases, Green Building Standards Come to Portland 1/10/01, at www.portlandonline.com/index.cfm?&a+10000&c=27319&y=9&x=8 (accessed on May 9, 2005).
80. Id.
81. Id.
82. City of San Jose Green Building: What the City Is Doing, at www.sanjoseca.gov/ (accessed on May 9, 2005).
83. Id.
84. Environmental Programs—Sustainable City Plan (SCP)—City of Santa Monica, at http://santa-monica.org/epd/scp/index.htm (accessed on May 7, 2005).
85. Environmental Programs—Goals/Indicators: Resource Conservation—City of Santa Monica, at http://pen.ci.santa-monica.ca.us/epd/scp/resource_conservation.htm (accessed on May 7, 2005).
86. Id.
87. Id.
88. Id.
89. Scottsdale Becomes First City in the Nation to Adopt Gold Standard for Energy and Environmental Design, at www.scottsdaleaz.org/news/2005/March/03-24-05b.asp (accessed on May 9, 2005).
90. Sustainable Building, at www.seattle.gov/substainablebuilding/Leeds/default.htm (accessed on Apr. 26, 2005).
91. Why the LEEDTM System? at www.seattle.gov/sustainable/Leeds/whyleed.htm (accessed on Apr. 26, 2005).
92. Lucia Athens, Seattle LEEDS the Nation in Sustainable Building, ENVIRONMENTAL OUTLOOK 2002, Special Section, available at www.djc.com/news/en/11135658.html (July 25, 2002).
93. The American Institute of Architects, About COTE, at www.aia.org/cote_about (accessed on Apr. 25, 2005).
94. Writing the Green RFP, at www.aia.org/print_template.cfm?pagname=cote_rfps (accessed on Apr. 25, 2005).
95. Id.
96. National Association of Home Builders, Codes and Standards, at www.nahb.org/generic.aspx?genericContentID=3093&print=true (accessed on Apr. 23, 2005).
97. Id.
98. NAHB’s Model Green Home Building Guidelines, available at www.nahb.org/publication_details.aspx?publicationID=1994 (accessed on May 7, 2005).