Green building certification: 2009 revisions to the LEED certification program

Despite the downturn in the real estate market, the development of "green" or "high-efficiency" buildings is likely to continue to expand into the foreseeable future. In addition to a variety of factors that are likely to continue to support demand for green buildings - such as high energy costs, concerns of reliance on fossil fuels and foreign oil, climate change, and increasing demands for corporate responsibility - there are a growing number of incentives and mandatory requirements at the federal, state and local levels designed to facilitate the development of green buildings and the use of green building technologies and practices. Indeed, President Obama and the new administration have made green building and energy efficiency key components of the financial stability and energy plans, and it is believed that these will play an important role in the recovery of the economy.1 An important consideration for building developers, owners or occupants is whether to have the green attributes of a building reviewed and certified by an independent third party. Third-party review and certification may be required in order to meet certain federal, state or local incentives or mandatory requirements for green building, or may be desired to help increase the appeal of the building to potential purchasers, tenants or employees. Still, the cost, timing and clarity of the certification process are common concerns among parties contemplating formal certification. Although there are a number of green certification options available, the United States Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) certification program has established itself as the most prevalent and widely-accepted green building certification process used in the United States.2 Nevertheless, LEED is not immune to complaints regarding the cost, timing and clarity of the certification process. In order to help address such concerns and to upgrade and improve the LEED certification process in general, the USGBC is in the process of rolling out a new version of the LEED certification program - LEED v3. The major changes from the existing version fall into three general categories: * Revision of the LEED Certification Process; * LEED Online - Upgraded web-based suite of tools available online; and * Updates and revisions to the LEED Rating System. Revision of the LEED Certification Process Under the existing LEED certification process, all LEED project submissions are reviewed by the USGBC with the support of independently contracted reviewers. Due to the substantial increase in demand for LEED certified projects over the last several years, the certification process has been prone to delays and certifying parties have voiced concern that the process was too rigid, cumbersome and taxing. In an effort to significantly expand the certification capacity and increase the speed and efficiency of the certification process, the administration of the certification process is being transferred from the USGBC to the Green Building Certification Institute (GBCI), a non-profit organization established in 2007 with the support of the USGBC, working with an extensive team of pre-selected and approved certification bodies. LEED Online - Upgraded web-based suite of tools available online The LEED Version 3.0 update will include a comprehensive technology upgrade to LEED-Online aimed at improving user experience and expanding its portfolio-management capabilities. LEED-Online incorporates tools and applications designed to improve accuracy, data capture, collaboration and convenience; and provides context-sensitive help features to assist the user to make informed decisions throughout the certification process. These upgrades to the LEED-Online system should help increase the ease, speed and efficiency of the certification process. Upgraded LEED Rating System - LEED 2009 LEED v3 includes substantial revisions to the LEED Rating System. The updated version - LEED 2009 - incorporates several changes designed to (i) harmonize criteria among the various LEED certification categories, (ii) re-balance criteria to more adequately address key environmental and human health considerations (e.g., LEED 2009 places a greater emphasis on energy efficiency and climate change concerns), and (iii) permit a greater amount of flexibility to account for regional differences (e.g., greater emphasis on water conservation for a project in Las Vegas as opposed to a project in Philadelphia). LEED v3 officially goes "live" in April 2009, with certification requests for new projects under LEED v3 being accepted starting April 27, 2009. All new projects will be required to register under LEED v3 as of June 26, 2009. While the modifications to the LEED certification process may not address all of the concerns that a prospective certifying party may have about the certification process, the modifications should help expedite the certification process in a more timely and efficient manner and should be considered when contemplating whether LEED certification is appropriate for a particular project. Footnotes: 1 The American Recovery and Reinvestment Act of 2009 included billions of dollars that may be used in connection with green building and other energy efficiency projects. 2 LEED certification is available for multiple building categories, including new construction and the major renovations of existing buildings. Under the LEED certification process, projects are analyzed on a variety of environmental and health criteria, and may potentially qualify as LEED Certified, Silver Level, Gold Level or Platinum Level. James Freeman is an associate for Blank Rome, Philadelphia, Penn.