DC Forges Ahead with Green Building Act Implementation

by Shannon Sentman, Holland & Knight LLC

With the enactment of the DC Green Building Act in 2005, the District of Columbia boldly led U.S. cities in the fight to combat climate change through application of local policies. Since the enactment, major cities all over the country have followed suit with their own green building policies. Many of those policies are similar to the District's enactment, with most being even more stringent.

Although the DC Green Building Act became effective over three years ago, the Act's requirements are phased-in over a period of six years. Currently, the Act's required green building standards only apply to public buildings. With the Act set to apply similar standards to private buildings as of January 2012, the District Department of the Environment (DDOE) and the Department of Consumer and Regulatory Affairs (DCRA) are hurrying to implement the Act.

With the date looming, local building industry organizations, such as the DC Building Industry Association (DCBIA), are pushing the District to clarify numerous aspects of the Act, including the performance bond requirement used to secure the obligation of developers whose projects are subject to the Act. Another point for clarification is the applicable standard for private projects.

Following implementation of the Act, both LEED and Green Communities (the two standards required by the Act) released revised standards--LEED 2009 and Green Communities 2008, respectively. Considering the release of the revised standards, private developers questioned whether the District would update the green building standards from the older versions currently mandated by the Act. The District clarified its intent to do just that by a Notice of Proposed Rulemaking published in the DC Register on May 15, 2009. In the notice, DDOE proposes to update the currently applicable standards to LEED 2009 and Green Communities 2008. The proposed rulemaking is one of many steps still remaining for the District's successful implementation of the Act.

As a sign of DC's commitment to take the necessary steps and to address the issues raised by organizations like DCBIA, the District recently hired Aristotle "Aris" Evia as an Assistant Attorney General to DDOE. Mr. Evia, who, before joining the District, practiced environmental and real estate law with the private law firm Gordon & Rees LLP in San Francisco, is among a handful of attorneys in the U.S. to have earned the designation of LEED Accredited Professional® from the U.S. Green Building Council (USGBC).

Although this designation is more typical of real estate designers and contractors, Mr. Evia is not the first attorney with the designation to have worked for the District. Casius Pealer, before recently accepting the position of Director of Affordable Housing at USGBC, was Assistant General Counsel (Real Estate) at the DC Housing Authority. With an architecture background, Mr. Pealer was among the first attorneys in the U.S. to earn the LEED AP designation.

While hiring educated and experienced staff, such as Mr. Evia, is critical for the District's successful implementation of the Act, educating other District agencies and their existing staff members is equally important. With that in mind, on May 21, 2009, the District Office of Property Management (OPM) announced the release of the LEED Certification Guidebook: Process Management Guidebook for Projects in the District of Columbia. The Guidebook assists District Government project managers in complying with LEED standards.

As the January 2012 date draws near, the District's implementation will require further steps to facilitate smooth procedures for private developers. This will require DDOE and DCRA to hear and address the industry's concerns throughout the process. The hiring of Mr. Evia, an attorney with experience working for private developers and who understands green building-related issues, is a leap toward addressing the real issues raised by private developers attempting to better understand how the Act will apply to their projects, and the steps required of them for compliance.