"Green" Building Standards

Several of our clients, particularly the City of Palm Desert, have been leaders in adopting “green” building standards which impose more stringent energy efficiency standards on developers seeking City building permits.  Adopting “green” building standards requires a public agency to obtain approval from the California Energy Commission and the California Building Standards Commission.  BB&K attorneys are well-versed in the processes set forth in State regulations in order to adopt “green” building standards. BB&K assists clients in making the requisite findings as well as, most importantly, ensuring participation from stakeholders during the development of such building standards in order to ensure community buy-in and participation.  Such “Green” standards are designed to limit a project’s negative effects on the environment through the use of environmentally safe materials or recycled or re-used building materials.  Building standards are also designed to reduce energy and water consumption.  Private and public sector developers, owners, and contractors are frequently called upon to develop, enforce, and comply with construction contracts and performance standards tied to environmental protection and conservation.  One of the more recognized and increasingly popular standard is the Leadership in Energy and Environmental Design (“LEED”) certification.  For more information on LEED programs and rating system, visit the U.S. Green Building Council   Public agencies need to be aware of preemptive State law, which limits their ability to amend or supplement State building standards (see Health and Safety Code sections 17958.5 and 17958.7).  As indicated above, public agencies and developers should expect to consider green building practices as mitigation propounded during the CEQA process, if not from the Attorney General or local mandates, then from environmental advocates proposing them as project mitigation.

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