Bill Text
Green Building Continuing Education Act
SERC’s Green Building Continuing
Education Act requires that green building courses be included
in mandatory courses required for architects seeking re-licensure.
Because most of the features that make a building “green”
must be considered in, and incorporated into, the design phase,
architects have the opportunity to play a pivotal role in the recognition
and promotion of sustainable design. SERC’s model bill ensures
that states acknowledge the societal benefits of green building
by requiring architects seeking re-licensure to take a minimum number
of green building course hours. The purpose of this act is to further
public and professional awareness of green building practices with
the goal of encouraging its implementation.
Green Building Standards Act
The purpose of the Green Building Standards
Act is to encourage the practice of green building and the use
of green building materials and design techniques by requiring that
all building construction funded in whole, or in part, by the state
meet stringent green building standards.
SERC’s model bill requires all new state-funded construction
to meet the high-efficiency standards for Platinum certification
under the U.S. Green Building Council’s (USGBC) Leadership
in Energy and Environmental Design (LEED). Platinum is the highest
rating achievable under the USGBC LEED rating system. SERC has included
this requirement in its model bill because of the incredible long-term
cost savings and dramatically smaller environmental impact of Platinum-Certified
LEED buildings. The most recent studies on the economic and environmental
costs and benefits of green buildings suggest that initial premium
investment capitol to achieve a platinum rating makes economic sense
for the investor, but this bill may be adapted to require less stringent
(Silver or Gold) ratings. In addition, SERC’s model bill includes
an exemption from such requirements if the cost of compliance sufficiently
exceeds the life-cycle savings of the building.
Green Building Tax Credit Act
SERC’s model Green Building Tax
Credit Act offers a state income tax credit to builders who
meet, or exceed, USGBC LEED green building standards. The amount
of the credit depends on the size of the building and the level
of certification awarded under the LEED rating system. The tax credit
is awarded to the owner or tenant of a newly constructed or renovated
building that meets the requirements and is meant to help offset
the initial higher costs of incorporating green building elements.
The model bill offers two options for how to calculate the tax
credit allowed. One, based on a Pennsylvania bill, requires the
establishment of a credit schedule based on building size and the
level of LEED certification. The other, based on Oregon state law,
specifies tax credit amounts per square foot relative to the level
of LEED certification. There are many ways to calculate a tax credit
for green building – these examples are provided as good approaches
that states can take to encourage LEED-certified green building.
Although it does not require the use of LEED standards, New York’s
Green Building Tax Credit states that the rules be “informed”
by the LEED rating system and is also a very good example of a green
building tax incentive. New York’s law includes specific tax
credits against the cost of new technology such as fuel cells and
photovoltaics. SERC’s model bill avoids promoting specific
technologies and, instead, aims to reward the builder for the environmental
results of their design and construction choices, no matter what
methods are used. If your state would prefer to use New York’s
approach, please see the Natural Resources Defense Council’s
information
page on the New York tax credit, with links to law itself. Whether
or not your state wants to use LEED standards as a measure, it is
important to tailor the legislation to the particular environmental
and economic needs of your state. LEED leaves plenty of room to
do so, and you can see one example of a city’s modification
of the LEED standards to address particular environmental concerns
in their area here.
SERC’s model bill allows a taxpayer to receive the tax credit
for two consecutive years and extends the length of the tax credit
to five years if the taxpayer demonstrates continual compliance
with USGBC LEED requirements. Taxpayers can demonstrate sustainable
operation of their buildings by achieving annual certification under
the LEED-EB (existing buildings) guidelines. |