
I was very surprised last evening when a group of highly successful developers were asked about their plans for going green, and each of them mentioned cost as a barrier for doing so. I realize that sometimes environmentally preferable choices have higher initial costs, and that access to capital is tight. But these were developers who usually operated their properties, rather than selling them, which meant that their own bottom lines could benefit from energy and water efficiency. And more importantly, there are considerable risks associated with not going green. It's not just that operating costs can affect a building's value, it's also that when you "economize" by eliminating more sustainable choices you might run afoul of the law.
Local, state and federal officials are taking steps to require energy and water efficiency, and regulations are becoming increasingly strict. And no one seems focused on the fact that while incentives are often available for efficiency levels that exceed legal requirements, you cannot get a payment or a tax break reward for simply obeying the law.
U.S. Green Building Council recently released Top 10 lists of green building legislation in the House and Senate. That's nineteen bills in addition to The American Recovery and Reinvestment Act, which was signed into law about a year ago. Twenty Federal bills, and who knows how many state and local bills, seem a very strong indication that "going green" is not really optional. Many of the bills do involve incentives, but often those who cannot be persuaded by a carrot do wind up on the wrong end of a stick. The USGBC "Top Ten" include:
House Legislation
- The American Clean Energy and Security Act, Henry Waxman (D-Calif.) and Ed Markey (D-Mass.)
- The 21st Century Green High-Performing Public School Facilities Act, Chandler (D-Ky.)
- The Expanding Building Efficiency Act, Dave Reichert (R-Wash.)
- The Property Assessed Clean Energy Tax Benefits Act, John Sarbanes (D-Md.)
- Act to Enhance Private Financing for Clean Energy Technology Deployment, Steve Israel (D-N.Y.)
- The Energy Efficiency Modernization Act of 2009, Mary Jo Kilroy (D-Ohio)
- The Water Accountability Tax Efficiency Reinvestment (WATER) Act, Michael Coffman (R-Colo.)
- The Livable Communities Act of 2010, Ed Perlmutter (D-Colo.), pending introduction
- The Federal Personnel Training Act of 2010, Russ Carnahan (D-Mo.), pending introduction
- The Clean Energy and American Jobs Act, John Kerry (D-Mass.) and Barbara Boxer (D-Calif.)
- The American Clean Energy and Leadership Act, Jeff Bingaman (D-N.M.) and Lisa Murkowski (R-Alaska)
- Energy Efficiency in Housing Act (EEHA) of 2009, Sheldon Whitehouse (D-R.I.)
- The Livable Communities Act of 2009, Christopher Dodd (D-Conn.)
- The Expanding Building Efficiency Incentives Act of 2009, Snowe (R-Maine)
- The School Building Fairness Act, Tom Harkin (D-Iowa)
- Clean Energy for Homes and Buildings Act of 2009, Jeff Merkley (D-Ore.) and Richard Lugar (R-Ind.)
- The Energy Efficiency Modernization Act of 2009, Michael Bennet (D-Colo.)
- The Water Accountability Tax Efficiency Reinvestment (WATER) Act of 2009, Mark Udall (D-Colo.)
- The Federal Agency Energy Efficiency Improvement Act of 2009, Susan Collins (R-Maine)