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State Activity Report: 2012 Advancing Green Building Policy in the States EXECUTIVE SUMMARY: 2012 was another year worth celebrating for green building policymaking by state governments nationwide. Set against the backdrop of budget struggles, pension strife, high unemployment rates, healthcare reform and a busy election year, state lawmakers still found ways to explore, advance and adopt many measures that further the green building agenda. At least 88 public policies have been enacted since the August, 2011 state activity report . While state revenues are beginning to rebound in many states, the fiscal crisis continues to play out its destructive effects on state and local government and the policies to which they can adhere. Even though the overwhelming consensus of green building research finds little to no cost premium to realize the benefits of green buildings and the returns on investment reap rewards across the Triple Bottom Line, change itself has its opponents and its perceived costs. With many states still struggling to meet obligations on depressed revenue and with little to no Recovery Act money left, change can be viewed as either ripe with opportunity or an argument for maintaining the status quo. Fortunately, greener, better building practices offer not only solutions , but also greater insight into inputs, outputs and performance. Launched in November of this year, the Green Building Information Gateway (GBIG) is a catalyst for the transformation of the building design and construction industry. GBIG provides greater transparency and understanding of the green dimensions of buildings (and more) that catalyzes informed decision making for building professionals, advocates and policymakers alike. In addition, the U.S. Green Building Council’s Q1 2012 launch of a suite of advocacy campaigns was a critical step towards prioritization, clarity and mobilization of grassroots and grasstops green building advocates. While the campaigns themselves were not launched far enough in advance of bill filing deadlines to have had much of a direct impact on state legislation in 2012, each campaign offers an opportunity for public policy advancement through draft legislative text, support materials and more. For many states, 2012 was the second year of the legislature’s biennium, and thus fewer bills were introduced. As is no surprise, a fair and balanced budget was the main, if not the only priority for many states. In spite of, and perhaps because of the fervent focus on a balanced ledger, legislatures continue to explore ways to tap the benefits of healthy, efficient, low-impact buildings. Some states with a history of commitments to green building have also deepened their commitments for greater reward. This report intends to collect a national snapshot of state legislative activity on topics related to green building across all fifty states. In 2012, USGBC tracked more than 300 bills and regulations in state government across the country. This report counts 68 wins for green building across 33 states, including the District of Columbia and the Commonwealth of Puerto Rico. In addition, a July, 2012 report released by the Center for Green Schools outlines more than 28 wins across more than a dozen states (some overlapping with this report) that promote or otherwise drive sustainability in schools. [See also: Best of Green Schools 2012 ] 2012 research finds positive ‘spillover effects ’ from governments that commit to build green buildings, exhibiting leadership by example. In 2012, several states committed (or expanded their commitments) to build better, greener buildings, including California, the District of Columbia, Maryland, Virginia and Washington. Other states focused specifically on energy efficiency in public buildings, including Florida, Massachusetts, Michigan, New York, Oklahoma, Oregon and Vermont.

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State Activity Report: 2012 Advancing Green Building Policy in the States

EXECUTIVE SUMMARY: 2012 was another year worth celebrating for green building policymaking by state governments nationwide. Set against the backdrop of budget struggles, pension strife, high unemployment rates, healthcare reform and a busy election year, state lawmakers still found ways to explore, advance and adopt many measures that further the green building agenda. At least 88 public policies have been enacted since the August, 2011 state activity report. While state revenues are beginning to rebound in many states, the fiscal crisis continues to play out its destructive effects on state and local government and the policies to which they can adhere. Even though the overwhelming consensus of green building research finds little to no cost premium to realize the benefits of green buildings and the returns on investment reap rewards across the Triple Bottom Line, change itself has its opponents and its perceived costs. With many states still struggling to meet obligations on depressed revenue and with little to no Recovery Act money left, change can be viewed as either ripe with opportunity or an argument for maintaining the status quo. Fortunately, greener, better building practices offer not only solutions, but also greater insight into inputs, outputs and performance. Launched in November of this year, the Green Building Information Gateway (GBIG) is a catalyst for the transformation of the building design and construction industry. GBIG provides greater transparency and understanding of the green dimensions of buildings (and more) that catalyzes informed decision making for building professionals, advocates and policymakers alike. In addition, the U.S. Green Building Council’s Q1 2012 launch of a suite of advocacy campaigns was a critical step towards prioritization, clarity and mobilization of grassroots and grasstops green building advocates. While the campaigns themselves were not launched far enough in advance of bill filing deadlines to have had much of a direct impact on state legislation in 2012, each campaign offers an opportunity for public policy advancement through draft legislative text, support materials and more. For many states, 2012 was the second year of the legislature’s biennium, and thus fewer bills were introduced. As is no surprise, a fair and balanced budget was the main, if not the only priority for many states. In spite of, and perhaps because of the fervent focus on a balanced ledger, legislatures continue to explore ways to tap the benefits of healthy, efficient, low-impact buildings. Some states with a history of commitments to green building have also deepened their commitments for greater reward. This report intends to collect a national snapshot of state legislative activity on topics related to green building across all fifty states. In 2012, USGBC tracked more than 300 bills and regulations in state government across the country. This report counts 68 wins for green building across 33 states, including the District of Columbia and the Commonwealth of Puerto Rico. In addition, a July, 2012 report released by the Center for Green Schools outlines more than 28 wins across more than a dozen states (some overlapping with this report) that promote or otherwise drive sustainability in schools. [See also: Best of Green Schools 2012] 2012 research finds positive ‘spillover effects’ from governments that commit to build green buildings, exhibiting leadership by example. In 2012, several states committed (or expanded their commitments) to build better, greener buildings, including California, the District of Columbia, Maryland, Virginia and Washington. Other states focused specifically on energy efficiency in public buildings, including Florida, Massachusetts, Michigan, New York, Oklahoma, Oregon and Vermont.

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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A 2012 law in Alabama offered a unique success for the year in committing to greener living spaces for occupants of newly-constructed affordable housing units. Several states enacted laws that intend to unlock critical financing mechanisms and offer a boost to propel energy efficiency forward, including Alaska, Idaho, Louisiana, New Hampshire, New York, Oregon, Tennessee and Wisconsin. California enacted two such laws, and two additional laws that drive investments in renewable energy. Arizona, Puerto Rico and Rhode Island also unleashed investments in renewable energy through various laws and initiatives. In addition, states raised their minimum expectations for energy efficiency in buildings through codes in Alabama, Arkansas, California, Connecticut, Illinois, Kentucky, Maryland, Nevada, New Hampshire, Ohio, South Carolina and West Virginia. Importantly, green building codes are quickly working their way into state debates, and were the focus of a Codes Summit at Greenbuild, 2012. The District of Columbia has proposed, but has not passed, a green building code that is now open for public comment. Highlighted in a recently-released policy brief, Guiding Green Building Policy, California institutionalized input on green building policy decisions by integrating a perspective seat for green building and sustainability onto the state regulatory board that oversees its statewide green building code. Property-Assessed Clean Energy (PACE) financing continues to take root in states and cities across the nation. 2012 welcomed new policies that advance PACE in Connecticut, Maine and New Jersey. LEED was referenced in more than 200 bills in 2012, and also incorporated in several of the other laws referenced above. In addition, Massachusetts, Minnesota, New Jersey, New York (two laws), and Oregon enacted specific measures that leverage LEED in the pursuit of green building outcomes. Beyond energy efficiency and holistic green building efforts, a few states adopted measures that support some of the less legislated pillars of green building. Indiana legalized the reuse of greywater; California adopted a law that addresses the contributions of pavement to the urban heat island effect; and Puerto Rico adopted both a public lands preservation law and also a dark skies law. Every year, many more bills die than get enacted, but good bills that do not pass should not be considered losses. In many cases, introduced and deliberated bills go far to advance the green building conversation. The public forum of the state legislature provides an important opportunity both to draw attention to the green building cause and also to lay the groundwork for future legislative wins.

For more information, contact: Jeremy Sigmon Director, Technical Policy U.S. Green Building Council [email protected]

Special thanks to the following organizations for their input: Building Codes Assistance Project (BCAP), Institute for Market Transformation (IMT), Northeast Energy Efficiency Partnerships (NEEP), Southeast Energy Efficiency Alliance (SEEA), Southwest Energy Efficiency Project (SWEEP), and USGBC chapters nationwide.

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ALABAMA – Advanced in 2011 and passed in 2012, the Alabama Affordable Housing Act was signed into law on May 14. The Act, known as HB 110 or Act 384, requires the state Department of Economic and Community Affairs to establish evaluation criteria for activities funded through the state housing trust fund. Similar to USGBC’s campaign that promotes a greener Qualified Allocation Plan, the Act calls for criteria that include energy efficiency and green building metrics, among other standards. A landmark achievement for energy efficiency in Alabama was this year’s adoption of the state’s very first minimum building energy codes for residential and commercial buildings. The Alabama Energy and Residential Codes Board adopted AL 9026, better known as the Alabama Energy and Residential Code, putting the state on track to achieve minimum efficiency targets consistent with 2009 federal law. In December of 2012, the Department of Economic and Community Affairs initiated the development of a comprehensive state energy plan. Visit the Green Building Information Gateway for analytics on high-performance building in Alabama. For further information on green building policy in the state, contact USGBC’s Alabama Chapter. ALASKA – The Alaska Legislature began the important discussion of on-bill energy efficiency financing with HB 334, but the measure did not pass. Alaska SB 25 was successful in establishing a $250 million loan and loan guarantee program for energy efficiency and other low-impact energy projects. Visit the Green Building Information Gateway for analytics on high-performance building in Alaska. For further information on green building policy in the state, contact Alaska staff at USGBC’s chapter in the region, the Cascadia Green Building Council. ARIZONA – The state continued the 2011 dialogue on the need for state-owned and state-funded buildings to be built in accordance with green building standards. HB 2085 would have committed new state construction and existing state buildings greater than 50,000 sq. ft. to earning LEED certification by 2017. HB 2830, which was approved in April, establishes an energy- and water-savings account that will fund such projects in county, city or school district facilities, as validated and delivered by third party entities. Approved measures are expanded to include geothermal projects. An energy efficiency standard that will regulate new or replace pumps for pools was adopted in 2011, and effective in 2012 (now within Title 44 of the state’s Revised Statutes). Visit the Green Building Information Gateway for analytics on high-performance building in Arizona. For further information on green building policy in the state, contact USGBC’s Arizona Chapter. ARKANSAS – In January of this year, the legislature approved the recommendation of the Arkansas Energy Office to adopt the 2011 Arkansas Energy Code. The new law updates the commercial building energy code, putting the state on track to achieve minimum efficiency targets consistent with 2009 federal law. To support the implementation of this new code, USGBC’s Arkansas Chapter partnered with the state energy office to offer a dozen trainings to building industry professionals. In addition, Governor Beebe signed HB 1078, now Act 242 on Leap Day, which appropriated $56.6 million from ARRA’s State Fiscal Stabilization Fund, specifically intended for public safety and also for green schools modernization, renovation or repair. Visit the Green Building Information Gateway for analytics on high-performance building in Arkansas. For further information on green building policy in the state, contact USGBC’s Arkansas Chapter.

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CALIFORNIA – As the host state for the 2012 Greenbuild International Conference & Expo, there was a lot riding on policy victories in 2012 to serve as a legacy for the event’s impact. The state, a leader in green building policy, was named among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. In April of 2012, USGBC teamed up with USGBC California to host an event in Sacramento on another Top 10, celebrating California’s foundational state and local policy impacts and set the stage for the announcement of Governor Brown's landmark Executive Order B-18-12 that further committed state buildings to green building excellence. Building on these solid policy foundations, the legislature enacted several policies that advance green building concepts and practice, including: AB 296 (addresses the contribution of pavement to the urban heat island effect), AB 1255 (advances the use of renewable energy in buildings), SB 1128 (provides enhanced financing for alternative energy), SB 1268 (provides assistance for energy conservation in buildings), and SB 1409 (directs the Governor’s Office of Planning and Research to liaise with the U.S. Department of Defense – the steward of almost 10% of CA land – in the development and implementation of state energy and environmental policy). Other measures, though unsuccessful, laid important ground for 2013: policy goals from AB 796 (clean energy job incentives), AB 1186 (K-12 schools with energy efficiency improvement retrofit funding) and SB 998 (utility on-bill repayment program) look likely to be accomplished through wider-supported legislation in the upcoming session. In addition, the Energy Commission approved the 2013 Building Energy Efficiency Standards. Effective January 2014, the enhanced energy code will keep the state on track to achieve its legislative goal of meeting net zero energy building standards – by 2020 for residential and by 2030 for commercial. The Golden State also hosts regular ballot propositions and, in 2012, none was as successful as Proposition 39, the Clean Energy and Jobs Act. The proposition closed a major loophole in the tax code and will deliver $2.5B of energy efficiency projects over the next five years. USGBC California was a founding supporter for this innovative funding mechanism, which dovetails with a number of sponsored bills enacted in late 2011, after the release of the 2011 report. SB 128/Chapter 622 authorizes and incentivizes public schools to pursue high performance green building practices. AB 930/Chapter 399 established an official seat for a green building professional on the Building Standards Commission – the authority that oversees, among other standards, the commercial CALGreen code. In addition, SB 454/Chapter 591 granted authority to the Energy Resources Conservation and Development Commission to pursue violators of building design, construction or efficiency standards for new residential and nonresidential buildings, among other things. Visit the Green Building Information Gateway for analytics on high-performance building in California. For further information on green building policy in California, contact USGBC California or the USGBC chapter in your area: California Central Coast, Central California, Inland Empire, Los Angeles, Northern California, Orange County, Redwood Empire or San Diego. COLORADO –The energy and environmental impacts of buildings struggled to compete for attention in 2012 as the legislature was mired with deliberations over healthcare, civil unions and job creation. As a leader in green building policy, however, Colorado was named among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. In the legislature, HB 1166 did not pass, but did advance the discussion on benchmarking publicly funded buildings. The state enacted a measure concerning innovation and the reorganization of the Governor’s Energy Office (HB 1315). The bill, which took effect on July 1, creates the Innovative Energy Fund that promotes robust research, development, commercialization and financing of innovative energy technologies and efficiency projects. Two other bills advanced good ideas, but did not pass: HB 1235 would have set energy efficiency requirements for

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all public school structures, and HB 1003 would have given local jurisdictions the authority to establish rules for the use of gray water. Visit the Green Building Information Gateway for analytics on high-performance building in Colorado. For further information on green building policy in the state, contact USGBC’s Colorado Chapter. CONNECTICUT – Among the competing priorities of the 2012 legislative session, the General Assembly did successfully build on the ‘green bank’ that launched in 2011 by directing it to establish and oversee the nation’s first statewide program for commercial properties to tap Property Assessed Clean Energy (PACE) financing (SB 501). HB 5385, which did not pass, proposed a requirement that electric utilities provide building energy data to commercial building owners in a format compatible with ENERGY STAR Portfolio Manager. The bill would also have required non-residential public buildings greater than 10,000 square feet to benchmark and disclose their building energy use data. Furthermore, the bill proposed energy audits as a condition for home mortgages. SB 415 would have established a commercial Property Assessed Clean Energy (PACE) financing program. The legislature also considered establishing an energy-related jobs task force to study policies or programs to promote energy efficient buildings and methods in HB 5340. Prior to 2012, but after the release of the 2011 report, the Constitution State updated its building energy code with RCSA 29-252-1d, putting the state on track to achieve minimum efficiency targets consistent with 2009 federal law. The regulation also authorizes the State Building Inspector and the Codes and Standards Committee to recognize certifications from “above code programs” like LEED as compliant with the green building regulations for state buildings. As a beyond-code program, LEED is designed to complement but not replace construction codes for building safety, efficiency, etc. Visit the Green Building Information Gateway for analytics on high-performance building in Connecticut. For further information on green building policy in the state, contact USGBC’s Connecticut Chapter. DELAWARE – The Sustainability Managers Working Group that oversees the implementation of 2010 Executive Order 18 continues to produce quarterly reports that detail progress as state agencies work to reduce their energy and environmental footprint. Pursuant to the green public buildings commitment, state agencies are in the process of greening five facilities. In the legislature, Senator McDowell introduced SB 264, a bill intending to leverage energy efficiency as a compliance pathway for electric utilities to achieve established targets in the state’s renewables portfolio standard. The bill focused on efficiency as a primary method for cost-effective demand reduction, particularly focusing on shaving peak demand. Importantly, the bill also imagined greater coordination between utility supply planning and energy efficiency planning. Visit the Green Building Information Gateway for analytics on high-performance building in Delaware. For information on green building policy in the state, contact USGBC’s Delaware Valley Green Building Council. DISTRICT OF COLUMBIA – The District of Columbia, a leader in green building policy, was named #1 on a January, 2012 list of the top ten ‘states’ with LEED buildings on a per capita basis. The 2006 Green Building Act was updated in March of 2012 via Act #A19-0336. The Act, sponsored by Councilmember Mary Cheh, increases the commitment of newly-constructed DC public schools to LEED Gold from LEED Certified, expands commercial building benchmarking requirements to also include water use, and

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introduces stronger benchmarking enforcement mechanisms. The Act also offers a “binding pledge” as an alternative to the performance bond for compliance with the LEED commercial buildings requirement (for buildings over 50,000 sq. ft.). After some delay, the District is now pursuing implementation orders to begin enforcing the building benchmarking laws (which include a deferred requirement for public disclosure) through a proposed addition to the DC municipal regulations entitled, “Energy Performance Benchmarking of Privately-Owned Buildings.” An important undertaking for 2012 and the upcoming year has been a joint DC government and volunteer effort to adapt the 2012 International Green Construction Code for adoption in the next cycle of code updates. The proposed ‘2013 Green Construction Code Supplement’ – alongside a full suite of proposed, up-to-date construction codes – opened for a 7-week public comment period on December 6 (now extended four additional weeks). Prior to 2012 and after the release of the 2011 report, Mayor Vincent Gray committed the District of Columbia to the Better Buildings Challenge. This public/private partnership includes 90 million sq. ft of real estate that has committed to 20% reductions in energy use by 2020 (more info here). Also, the “Fiscal Year 2012 Budget Support Act of 2011” further extends the 2006 Green Building Act’s commitment to green public buildings, prioritizing the procurement of public real estate that bears at least a LEED Silver certification. Visit the Green Building Information Gateway for analytics on high-performance building in the District of Columbia. For information on green building policy in the District, visit the District Department of the Environment’s green building web page, or contact USGBC’s National Capital Region Chapter. FLORIDA – A clearinghouse of public building energy benchmarking data will soon be available, pursuant to a 2012 law (HB 7117/Chapter No. 2012-117), coordinated by the Management Services Department. The law also provides for a portion of proceeds from local government infrastructure surtaxes to assist residential & commercial property owners in making energy efficiency improvements or installing renewable energy systems. HB 1347 would have required applicants for economic development subsidies to declare their intent to earn LEED certification. Visit the Green Building Information Gateway for analytics on high-performance building in Florida. For further information on green building policy in Florida, contact the USGBC chapter in your area: Northern Gulf Coast, Florida Capital Region, North Florida, Heart of Florida, Central Florida, Florida Gulf Coast, or South Florida. GEORGIA – Amidst a busy spring session with many competing priorities, the legislature did consider a bill that would have advanced energy efficiency through demand-side management efforts led by electric utilities. In an effort to hedge against rising electricity rates, the integrated resource planning bill (HB 497) prioritized energy efficiency measures over new generation, both renewable and non-renewable. Visit the Green Building Information Gateway for analytics on high-performance building in Georgia. For further information on green building policy in the state, contact USGBC’s Georgia Chapter. HAWAI’I – The legislature took early action to consider the adoption of portions of the International Green Construction code in the state building codes. The bills (SB 2290 and SCR 98) were unsuccessful, but laid important ground work for future code advancements. The state also considered a handful of measures, including HCR 213 and HB 2212 that would have established a clean energy bond loan

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program for residential and commercial property owners, similar to a Property Assessed Clean Energy (PACE) program. Visit the Green Building Information Gateway for analytics on high-performance building in Hawai’i. For further information on green building policy in the state, contact USGBC’s Hawai’i Chapter. IDAHO – After a building energy code upgrade in 2011, the legislature sought to expand the reach of energy efficiency measures through income tax deductions for home energy efficiency improvements. The bill (HB 485) was successful and covers upgrades made to insulation, new windows, storm windows, weather stripping, and duct sealing that meet or exceed the adopted energy code. Visit the Green Building Information Gateway for analytics on high-performance building in Idaho. For more information on green building policy in the state, contact USGBC’s Idaho Chapter. ILLINOIS – As a leader in green building policy, Illinois was named among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. In the legislature in 2012, government buildings could have been slated for an energy efficiency boost with HB 5503, also known as the “Government Energy Efficiency Program.” The Capital Development Board would have been required to establish high-performance building standards and benchmarks for public buildings. Administrative rules to adopt a state-modified version of the nation’s most up-to-date national model energy code were approved by the Joint Committee on Administrative Rules in December of 2012. The new Illinois Energy Conservation Code offers a 15% improvement off the previously adopted version and took effect on January 1, 2013. First introduced in 2011 and carried over to the 2012 session, SB 1849 focused on gambling and gaming and was ultimately vetoed, but would have required such recreational venues to earn LEED certification. Three schools-focused bills enacted this session, (HB 5195/97-0760, SB 1652/97-616 and HR 906) advance energy efficiency, LEED and the Green Apple initiative. More information included in the July, 2012 summary of state legislative activity on green schools. Visit the Green Building Information Gateway for analytics on high-performance building in Illinois. For more information on green building policy in the state, contact USGBC’s Illinois Chapter. INDIANA – Thanks to a newly-adopted code and its appendix, greywater reuse in buildings has been rendered legal according to certain adopted guidelines (Indiana Rule 675 IAC 16-1.4, Appendix C). In the legislature, state lawmakers continued exploring if and how to leverage Property Assessed Clean Energy (PACE) financing in the state via HB 1332. This bill, while unsuccessful, would have authorized local governments to establish and administer a voluntary PACE program to finance the installation of clean energy improvements by levying ‘special assessments’ on properties that receive efficiency investments. Visit the Green Building Information Gateway for analytics on high-performance building in Indiana. For more information on green building policy in the state, contact USGBC’s Indiana Chapter. IOWA – State lawmakers considered unlocking building energy use information for rental properties by authorizing tenants to obtain 12 months of utility data from their landlords (HF 2153). A proposed measure (HF 2452 and SF 2046) could have provided retroactive incentives for property owners that have invested in their real estate within the last five years to certify to LEED. The proposed incentive offered a 2%-10% property tax exemption depending on the certification level achieved and the

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implementation of demand response technology. Senator Robert Hogg (Cedar Rapids), who sponsored SF 2046, continues to be a strong ally of energy efficiency, sustainability and the local USGBC chapter. Visit the Green Building Information Gateway for analytics on high-performance building in Iowa. For further information on green building policy in the state, contact USGBC’s Iowa Chapter. KANSAS – As in many other states, the Kansas legislature spent a great deal of time working to stabilize the state’s fiscal situation. Amidst this and other priorities, state lawmakers did attempt to adopt a forward-looking resolution (HCR 5012) that would have called for a comprehensive energy development and management plan that would tap renewable energy, energy efficiency, the smart grid, and an enhanced energy transmission system to better and more cost-effectively serve the public in the future. Visit the Green Building Information Gateway for analytics on high-performance building in Kansas. For further information on green building policy in the state, contact USGBC’s Central Plains Chapter. KENTUCKY – Building on several years of momentum in the state legislature, lawmakers attempted to advance a bill that would have established a Kentucky Green Schools Authority (HB 255). The Authority would have been a partnership between the state and the Kentucky chapter of USGBC to initiate a pilot project to assist boards of education in achieving LEED certification in existing buildings. Similarly, HB 146 would have required the Department of Education to consult with other state agencies and the local USGBC chapter to promote the implementation of green cleaning programs in schools. In January 2012, the Kentucky Board of Housing, Buildings and Construction revised the state’s residential building energy code, offering a 15% efficiency improvement from the state’s previous code and puts the state on track to achieve minimum efficiency targets consistent with 2009 federal law. Visit the Green Building Information Gateway for analytics on high-performance building in Kentucky. For further information on green building policy in the commonwealth, contact USGBC’s Kentucky Chapter. LOUISIANA – The state budget, HB 1, took effect July 1 and appropriates $13.7 million to promote energy efficient new housing and cost effective retrofits in existing buildings. Lawmakers considered HCR 152, a measure that would have requested a study of products with low volatile organic compounds (VOCs) in the maintenance, renovation, or construction of public buildings. The measure called for input from the Louisiana Chapter of the USGBC. In addition, following three years of discussion, the Louisiana Public Service Commission established a set of Energy Efficiency Rules that improve ratepayer savings and support small businesses that make efficiency investments. Visit the Green Building Information Gateway for analytics on high-performance building in Louisiana. For further information on green building policy in the state, contact USGBC’s Louisiana Chapter. MAINE – On April 17, LD 1864 became law as Maine Chapter 637 without Gov. Paul LePage’s signature. The law authorizes utilities to study the effectiveness of new heating equipment technologies and systems and, while it directs no specific action that leads to stronger efficiency outcomes, the law does emphasize the importance of energy efficiency as a means to achieve state energy goals. The legislature approved a commonly leveraged role of public buildings demonstrating leadership by example through commitments to high performance building practices (LD 1264), but it did not clear the Governor’s desk.

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After the release of the 2011 report, but prior to 2012, the state adopted regulation 95-648 that established underwriting standards and consumer requirements for PACE loans. Visit the Green Building Information Gateway for analytics on high-performance building in Maine. For further information on green building policy in the state, contact USGBC’s Maine Chapter. MARYLAND – On January 1, 2012, the Old Line State took the lead again as a first-adopter of the newest versions of the national model energy codes through a regulation (see Title 05) that became effective in June. A long-standing leader in green building policy, Maryland was named among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. In the legislature, the successful passage of HB 901/Chapter 403 now requires buildings owned by the Washington Suburban Sanitary Commission to meet LEED Silver or a comparable numeric rating according to a nationally recognized rating system. In addition to a modest change to the Green Building Tax Credit, lawmakers considered making the High Performance Buildings Act applicable to state capital projects (HB 639/SB 222), authorizing sustainable energy regulated entities to contract with residential property owners to provide energy efficiency installations (HB 995), offering on-bill financing for energy efficiency retrofits (HB 1088) and developing green business incentive zones (SB 651). Several other schools-related bills and laws are detailed in the July, 2012 summary of state legislative activity on green schools, including SB 0151 which directs $50,000,000 for energy efficiency projects in Maryland schools. Visit the Green Building Information Gateway for analytics on high-performance building in Maryland. For further information on green building policy in the state, contact USGBC Maryland. MASSACHUSETTS – Having long facilitated fertile conditions for green building activity, the Commonwealth was named among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. Massachusetts has also earned top rank on the 2011 and 2012 State Energy Efficiency Scorecards published by ACEEE. At the state house, the successful passage and enactment of SB 2342 (which incorporated earlier bill SB 1940) promotes energy efficiency and renewable energy in state facilities, including schools. The state approved a bill (H 3807/Chapter 194) that requires the gaming commission to consider an establishment’s adherence to sustainable development principles (including LEED) when granting gaming licenses. First introduced in 2011, a bill designed to provide funding for energy efficiency upgrades in low- and moderate-income housing (H 369) advanced in 2012 but did not pass. In addition, municipalities continue to receive grants to significantly reduce energy costs and implement energy efficiency measures through the commonwealth’s Green Communities Program. In addition, after a sustained push from local leaders including USGBC-MA, the Department of Elementary & Secondary Education signed up Massachusetts as one of 41 states to participate in the 2012-2013 Green Ribbon Schools Award program. Visit the Green Building Information Gateway for analytics on high-performance building in Massachusetts. For further information on green building policy in the commonwealth, contact the USGBC Massachusetts. MICHIGAN – State lawmakers considered further advancing the reach of the 2011 property-assessed clean energy (PACE) enabling legislation by allowing commercial property owners to participate in the program (HB 5508). Government agencies are now required to maximize the energy efficiency of their buildings through cost-effective energy conservation improvements through energy audits, energy performance contracts, and building energy benchmarking and monitoring (HB 5727).

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Visit the Green Building Information Gateway for analytics on high-performance building in Michigan. For further information on green building policy in the state, contact the USGBC chapter in your area: West Michigan Chapter, Detroit Regional Chapter. MINNESOTA – In the legislature’s action to establish a state commission on sports facilities, HF 2958/Chapter 299 requires that any new stadium strive to earn a green building certification, such as LEED. This bill adds to the suite of policies and other market-based forces that helped to earn Minnesota among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. Back in the legislature, two unsuccessful bills (SF 2619 and companion HF 3037) would have appropriated millions for energy efficiency and renewable energy investments in low-income housing, higher-education facilities, civic buildings through both bonds and appropriations. Visit the Green Building Information Gateway for analytics on high-performance building in Minnesota. For further information on green building policy in the state, contact USGBC’s Minnesota Chapter. MISSISSIPPI – The legislature revisited previous attempts at promoting energy efficiency and green building in the state. HB 69 proposed individual development accounts for low-income families that could be spent on a variety of energy efficiency related expenses. HB 93 proposed tax credits for investments in energy efficiency and green building and HB 1056 proposed leadership commitments to LEED Silver for newly-constructed school buildings. Advancing farther than the others, HB 1330 passed both houses to arrive at conference committee. The bill focused on ‘energy sustainability and development’ by promoting energy efficiency and energy data management in state government and beyond via the energy and natural resources division of the state development authority. Visit the Green Building Information Gateway for analytics on high-performance building in Mississippi. For further information on green building policy in the state, contact the USGBC’s Mississippi Chapter. MISSOURI – Leadership commitments for public buildings to build green were proposed in three bills in the 2012 session (HB 1290, HB 1305 and SB 488). The bills, though they did not pass, established not only advanced standards for new construction, but also focused on existing buildings through building energy benchmarking. The Green Jobs-Green Missouri Program (SB 458) would have provided energy improvement loans for residential and commercial property owners financed through an on-bill loan repayment mechanism. The Missouri Gateway Chapter of USGBC worked with Rep. Zach Wyatt on green cleaning legislation for schools that did not pass in its first attempt (HB 1602). Other bills are detailed in the July, 2012 summary of state legislative activity on green schools. Visit the Green Building Information Gateway for analytics on high-performance building in Missouri. For further information on green building policy in the state, contact USGBC’s Missouri Gateway Chapter. MONTANA – While the state held no formal session in 2012, the Energy and Telecommunications Interim Committee met regularly throughout the year to review and report on certain state statute and councils per a 2011 law. The HB 142 reports include a recommendation to maintain requirements for electric utilities and cooperatives to submit an annual report on Universal Systems Benefit (USB) expenditures. USB expenditures are intended to support cost-effective energy conservation, low-income customer weatherization, renewable energy projects and applications, research and development programs related to energy conservation and renewable energy and low-income energy assistance.

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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Visit the Green Building Information Gateway for analytics on high-performance building in Montana. For further information on green building policy in the state, contact the USGBC’s Montana Chapter. NEBRASKA – Public buildings could have been required to earn an ENERGY STAR label if LB 885 had been passed in 2012. An original version of LB 1001 would have established a seat on a proposed building code advisory committee for an architect with LEED professional experience. The bill did pass with a focus on minimizing variation on the state building code however neither the new committee nor its proposed members were established in the final version. A 2011 attempt to establish a statewide commitment for schools that benchmark and report data through ENERGY STAR (LB 522) did not advance in 2012. Visit the Green Building Information Gateway for analytics on high-performance building in Nebraska. For further information on green building policy in the state, contact the USGBC's Nebraska Flatwater Chapter. NEVADA – With the legislature in its off-year, 2012 served as an important year for advocates of green building and energy efficiency to organize efforts for 2013. The newly-formed Nevada Sustainable Energy Coalition hosted a legislative forum in March to develop a pro-business, pro-jobs, pro-efficiency and pro-clean energy agenda for policy action at the state and local levels. After the publication of the 2011 report, and before 2012, the Nevada State Office of Energy adopted regulations that put the state on track to achieve minimum efficiency targets consistent with 2009 federal law (LCB File No. R024-11). Visit the Green Building Information Gateway for analytics on high-performance building in Nevada. For further information on green building policy in the state, contact the USGBC’s Nevada Chapter. NEW HAMPSHIRE – Governor John Lynch signed SB 252/Chapter 149, a law that significantly broadens the opportunity for performance contracting work, increasing the maximum cost-recovery term from 10 to 20 years. The Governor also signed HB 137/Chapter 242 in June of 2012, an almost three year effort to update the state’s building design and construction codes to put the state on track to achieve minimum efficiency targets consistent with 2009 federal law. A set of schools bills that did not advance is also detailed in the July, 2012 summary of state legislative activity on green schools. Visit the Green Building Information Gateway for analytics on high-performance building in New Hampshire. For further information on green building policy in the state, contact the USGBC’s New Hampshire Chapter. NEW JERSEY – January, 2012 was an active month for green building policy in the Garden State, and the beginning of a new biennium. S3033/Chapter 149 established the Grow New Jersey Assistance Program to provide tax credits for businesses that create or retain a substantial number of jobs and also make capital investments in accordance with the state’s green building manual. Following a conditional veto from Governor Christie, S1406/Chapter 187 was amended and enacted to establish a limited Property Assessed Clean Energy (PACE) financing program in the state. Another bill may go farther to facilitate PACE financing districts by localities (A1976). An additional bill proposes prioritizing projects with rooftop systems that manage stormwater via ‘blue’ or ‘green’ roofs (A711). A new Office of Energy Savings could be established in A1156 that would, at minimum, benchmark the energy use of public

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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buildings. The Site Improvement Advisory Board may be compelled to recommend sustainability measures similar to those in LEED for Neighborhood Development (A2857). Assemblymember McKeon’s third consecutive attempt at a retrofitted green building tax credit act (A2822) has not yet advanced, but holds hope for the second half of the biennium in 2013. A1152 and A1973 propose similar tax incentives for new LEED-certified construction. Also targeting improved financing for green buildings, A1966 would establish loan program for developers that construct or renovate buildings that meet green building criteria such as LEED. A3103 passed the assembly and now sits in the senate for consideration. The bill would require state and local government agencies to prioritize permits for projects that are constructed in accordance with green building guidelines such as LEED. If passed, A1203 would commit new state construction and major renovations to adhere to LEED or other green building ratings and also require that their building energy use be benchmarked. Visit the Green Building Information Gateway for analytics on high-performance building in New Jersey. For further information on green building policy in the state, contact USGBC’s New Jersey Chapter. NEW MEXICO – Designed to work in tandem with the widely successful Sustainable Building Tax Credit, HB 177 explored the job-creation potential of a short-term income tax credit for new owners of energy efficient homes (both newly-constructed and existing), however the bill did not pass. Another attempt at investing state funds in the emerging green economy also failed to pass. SB 268 would have authorized the state investment officer to invest a portion of the severance tax permanent fund in New Mexico ‘green industries.’ The bill could have unlocked important investments across multiple emerging economy sectors – including high-performance building – among many other energy, agricultural, manufacturing and waste management industries. Visit the Green Building Information Gateway for analytics on high-performance building in New Mexico. For further information on green building policy in the state, contact the USGBC chapter in your area: New Mexico Chapter, Chihuahuan Desert Chapter. NEW YORK – The state legislature was prolific in 2012, introducing and enacting many bills that advanced green building in the Empire State. Even the final week of the year welcomed Executive Order #88 from Governor Cuomo, calling for the reduction of energy use in state buildings by 20% by 2020. From the legislature, S1462d was a successful measure that authorizes municipalities to provide graduated real property tax exemptions for building construction or improvements that earn LEED certification. Also successful, A9103c provides a special, graduated tax exemption for new residential construction or renovation that meets LEED certification in Auburn, NY. Independent colleges and universities are now eligible to participate in energy efficiency, green building, and clean energy programs administered by the government utility, the New York Power Authority (S3755b/Chapter 494). These policies add to the long list of contributing forces that have helped to earn New York its place among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. Several other bills advanced the dialogue in Albany on growing the green building economy, a few of which are detailed in the July, 2012 summary of state legislative activity on green schools, including S06921 which requires the state to complete a report detailing best practices for school energy cost savings. In addition, one bill would have established a green development home tax exemption authorizing a 35 percent exemption from local real property taxation for homes that meet certain green building requirements, including LEED (S6664). A measure to promote healthy and green procurement

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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included a provision that would have directed capital construction projects over $2 million to meet or exceed LEED Silver (S6366). Another bill would have required new and substantially renovated public agency buildings to be constructed in compliance with cool roof standards and regulations (AB 96). Also unsuccessful in 2012, A2083a would have required state and local agencies that issue construction permits to establish a priority processing procedure for green buildings. Visit the Green Building Information Gateway for analytics on high-performance building in New York. For further information on green building policy in the state, contact the USGBC chapter in your area: Long Island Chapter, New York Upstate Chapter, Urban Green Council. NORTH CAROLINA – In an important effort to increase information exchange between home buyers and sellers, the Governor Perdue’s proposed FY 2013 budget (SB 907), if adopted, would have required all licensed appraisers in the state to use Appraisal Institute Form 820.03: Residential Green and Energy Efficient Addendum to value green or energy efficient features in residential properties. The proposed budget would have also provided grants for training of appraisers and realtors and also for enhancements to systems to track and monitor residential energy consumption. Visit the Green Building Information Gateway for analytics on high-performance building in North Carolina. For further information on green building policy in the state, contact the USGBC’s North Carolina Chapter. NORTH DAKOTA – While the state legislature did not meet in its 2012 off-year, interim committees did continue to advance important dialogue – particularly in the Energy Development and Transmission Committee, where the committee continued to review recommendations from the state Energy Policy Commission, report on state energy policy, and draft energy development bills for the next session, including measures that would increase the supply of renewable energy in the state. Visit the Green Building Information Gateway for analytics on high-performance building in North Dakota. For further information on green building policy in the state, contact USGBC’s North Dakota Chapter. OHIO – The Ohio Facilities Construction Commission, established in 2012, unites the State Architect’s Office and the Ohio School Facilities Commission. As one, OFCC provides a streamlined approach to public building design, construction and associated services, and continues to administer the LEED commitment for newly-constructed K-12 schools. In the legislature, one ill-fated bill, first introduced in the fall of 2011, could have committed state buildings or structures to be built to LEED or other beyond-code standards (HB 306). In addition, the Ohio Board of Building Standards updated the Residential Code of Ohio (RCO), effective January 2013, putting the state on track to achieve minimum efficiency targets consistent with 2009 federal law. Visit GBIG for analytics on high-performance building in Ohio. For further information on green building policy in the state, contact the USGBC chapter in your area: Central Ohio Chapter, Cincinnati Regional Chapter, Northeast Ohio Chapter, Northwest Ohio Chapter. OKLAHOMA – As part of the Oklahoma First Energy Plan released in late 2011, Governor Mary Fallin approved SB 1096, creating a new energy conservation program for state facilities that will require state buildings to reduce energy use by 20% by the year 2020. To achieve these goals, the measure requires

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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state facilities to be benchmarked and monitored, and calls on agencies to pursue ENERGY STAR certification for eligible state facilities. The Legislature also introduced a number of measures relating to energy financing: one bill could have created a fund for loans to make energy-efficient improvements in homes (HB 2530); two bills could have advanced tax credits for energy efficient homes (SB 517 and SB 745); and another bill, if approved, would have authorized local governments to create energy districts that could support energy efficiency financing in residential and commercial buildings (SB 598). Visit the Green Building Information Gateway for analytics on high-performance building in Oklahoma. For further information on green building policy in the state, contact the USGBC Oklahoma Chapter. OREGON – After a 2011 vote to discontinue bi-annual legislative sessions in favor of annual legislative sessions, 2012 was Oregon’s first-ever ‘short session’ (which will be followed by a ‘long session’ in alternate years). Despite its length, the legislature did manage to enact one measure that requires public agencies to invest an additional 1.5% of capital into public construction or renovation projects in appropriate green energy technology (SB 1533/Chapter 83). In addition, a 2012 rule adoption begins the implementation of a 2011 measure that reorganized the state’s energy tax credits that, among other things, offers LEED as a compliance pathway to the Business Energy Tax Credit Program for Renewable Energy Resource Equipment Manufacturing Facilities (HB 2523/Chapter 474). Visit the Green Building Information Gateway for analytics on high-performance building in Oregon. For information on green building policy in the state, contact Oregon staff at USGBC’s chapter in the region, the Cascadia Green Building Council. PENNSYLVANIA – First introduced in 2011, two measures could have set new green building commitments for public buildings (HB 193 and SB 1136). Following advocacy efforts from green building volunteers at the state capitol, the house bill passed the next day. A bill introduced in 2012, though unsuccessful, advanced an idea of establishing a ‘green economy center’ to support green jobs and clean energy research and development (HB 2384). Like in many states, much of the policy innovation takes place at the local government level. Notably in 2012, the City of Philadelphia gave a major boost to energy efficiency, water efficiency and green building through a landmark commercial building energy benchmarking law and a 21st century zoning code. Visit the Green Building Information Gateway for analytics on high-performance building in Pennsylvania. For further information on green building policy in the Commonwealth, contact the USGBC chapter or affiliate in your area: USGBC Central Pennsylvania, Green Building Alliance, Delaware Valley Green Building Council. PUERTO RICO – On the pristine island of Puerto Rico, three laws made through the legislature in 2012 that protect the environment from the encroachment of development. Ley Núm. 29, also known as the “Dark Sky Law,” advances light pollution reduction using methods and standards based on LEED credit language. Ley Núm. 276 advances smart growth principles and Ley Núm. 126 declares and protects nearly 2,000 acres of public lands as nature preserve within the Commonwealth’s northeast ecological corridor. A 2010 law established the Green Energy Fund which will invest almost $300 million in renewable energy and sustainability over several years. The Fund was allocated its first $20 million in July of 2011, and again in 2012, set to increase to $40 million per year by 2016 through 2020. The Puerto Rico Building Energy Conservation Code, adopted in early 2011, is beginning its phased roll-out and implementation for statewide adoption and compliance goals consistent with 2009 federal law. New

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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government buildings and schools will conform to the code in 2013; public housing and other institutional buildings in 2014; commercial buildings in 2015 and residential buildings in 2016. Visit the Green Building Information Gateway for analytics on high-performance building in Puerto Rico. For further information on green building policy in the Commonwealth, contact USGBC’s U.S. Caribbean Chapter. RHODE ISLAND – During Rhode Island’s spring legislative term, lawmakers considered and advanced a handful of bills that advantage green building principles. State lawmakers established a new advisory commission on ‘petroleum savings and independence’ that calls for insights and recommendations on a wide array of strategies that intend to chart a new energy future for Rhode Island (S 2186a). The state authorized air quality and energy efficiency improvements in the Town of Coventry’s public schools through H 7914. Governor Lincoln Chafee signed H 8233 on June 21, requiring electric distribution companies to adopt an annual energy efficiency plan that places a particular emphasis on tapping the efficiency potential of combined heat and power at commercial, institutional, municipal, and industrial facilities. Less fortunate bills included a proposed tax credit for historic buildings and renewable energy (H 7159), a proposed zoning bill that would have emphasized the value of wetlands, among other things (H 7866), and a proposal to advance on-bill energy efficiency financing through gas utilities (H 7799). In addition, the Green Buildings Advisory Committee (GBAC) hosted a series of training sessions on the Green Buildings Act, focusing on how the green building standards referenced in the act can be used to meet the requirements of the law. The GBAC was formed in 2009 to oversee the Green Buildings Act. Visit the Green Building Information Gateway for analytics on high-performance building in Rhode Island. For further information on green building policy in the state, contact USGBC’s Rhode Island Chapter. SOUTH CAROLINA – Advancing the green schools dialogue in Columbia, the South Carolina Chapter of USGBC partnered with Senator Leventis to host a ‘common ground summit’ in May of 2012 to strategize pathways to bring political common ground on green schools in the state. Governor Haley signed HB 4639/Act 143 in April of 2012, updating the state’s building design and construction codes, putting the state on track to achieve minimum efficiency targets consistent with 2009 federal law. The state also introduced HB 3930, a bill that would have created energy efficiency financing districts similar to a property-assessed clean energy (PACE) program. Visit the Green Building Information Gateway for analytics on high-performance building in South Carolina. For further information on green building policy in the state, contact USGBC’s South Carolina Chapter. SOUTH DAKOTA – While no measures were brought before state lawmakers that would have further facilitated the growth of the green building marketplace in 2012, the state continues to implement 2008 law that has brought about more than two dozen public projects pursuing LEED certification. After the release of the 2011 report, but before 2012, this state policy earned praise in local media. Similar government commitments to building green have been found to produce market-moving spillover effects, according to 2012 research.

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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Visit the Green Building Information Gateway for analytics on high-performance building in South Dakota. For further information on green building policy in the state, contact USGBC’s South Dakota Chapter. TENNESSEE – Contractors and design professionals that unlock energy efficiency in public buildings will now work with the state architect to access the commercial building tax deduction (IRS code Section 179D), according to a new state law approved in May of 2012 (SB 2735/Chapter 1083). One bill, if successful, could have permitted local governments to enact energy efficiency PACE financing programs for residential or commercial buildings (SB 3469). A bill first introduced in 2011 and further discussed in 2012 would have required landlords to disclose energy history of properties prior to entering into any rental agreement (HB 107). Similarly, two other bills called on landlords to inform tenants about local opportunities to engage in energy efficiency retrofit programs (HB 3508 and SB 3467). Energy audits could have been required for both state buildings and private commercial buildings, and their results ‘conspicuously displayed,’ if two bills had become law in 2012 (HB 1792 and HB 96). Several other schools-related bills and laws are detailed in the July, 2012 summary of state legislative activity on green schools. Visit the Green Building Information Gateway for analytics on high-performance building in Tennessee. For further information on green building policy in the state, contact the USGBC Chapter in your area: Memphis Regional Chapter, Middle Tennessee Chapter, East Tennessee Chapter. TEXAS – The legislature’s bi-annual legislative session was in its off-year in 2012, so there is no legislative activity to report. Public policy at the state and local levels has been an important contributing factor to earning Texas’s place among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. Visit the Green Building Information Gateway for analytics on high-performance building in Texas. For further information on green building policy in Texas, contact the USGBC Chapter in your area: North Texas Chapter, Texas Gulf Coast Chapter, Central Texas-Balcones Chapter, Chihuahuan Desert Chapter. UTAH – After several consecutive attempts to enact a state policy that embraces and promotes green schools, Representative Mark Wheatley’s “Sustainable Schools Joint Resolution” (HJR 1) passed both houses and was approved by Governor Herbert. The resolution encourages state authorities to consider applying healthy, efficient design and construction practices in schools and also encourages school districts to consider better incorporating sustainability in school construction and operations. Visit the Green Building Information Gateway for analytics on high-performance building in Utah. For further information on green building policy in the state, contact USGBC’s Utah Chapter. VERMONT – Energy use in public buildings in the Green Mountain State will be closely monitored by the Commissioner of Buildings and General Services with the passage of a new law in 2012 H 785/Act 104. The law further calls for recommendations to reduce energy consumption. In addition the state introduced two bills, S 143 and H 497, which could have required the sellers of a residential or commercial building or unit to provide a prospective buyer with information on historical energy use. The measures would have further required the Public Service Department to develop one or more energy disclosure tools for use by sellers, pulling from the energy data that would be maintained in a statewide database available to the public.

State Activity Report: 2012 As of December 31, 2012 (Approved and Enacted Legislation and Regulation is Boldfaced)

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Visit the Green Building Information Gateway for analytics on high-performance building in Vermont. For further information on green building policy in the state, contact the USGBC chapter in the area: Vermont Green Building Network. VIRGINIA – After several attempts to codify the green building public buildings commitment from executive order into law, Governor McDonnell’s approval of SB 160 was an important milestone for green building advocates in the Commonwealth. The High Performance Buildings Act (now chapters 680 of the state code), commits most new or renovated state facilities to conform to the Virginia Energy Conservation and Environmental Standards, where LEED is an important compliance pathway. This new law adds to the long list of contributing forces that have helped to earn Virginia its place among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. Several other important topics were considered in the legislature in 2012, including: energy benchmarking and public disclosure for government buildings (SB 621), and also a bill that would establish statewide goals for enhancing energy efficiency through building codes, appliance standards, utility efficiency programs, engagement of the industrial sector, and more (HB 70). Visit the Green Building Information Gateway for analytics on high-performance building in Virginia. For further information on green building policy in the Commonwealth, contact the USGBC chapter in your area: Hampton Roads, James River, National Capital Region, or Southwest Virginia. WASHINGTON – The positive spillover effects of green public buildings became clear in 2012 research that justifies public procurement policies that prefer green buildings. Washington enacted a measure (HB 5127) in 2012 authorizing the Department of Commerce to require the state’s high performance building standards on a list of local and community projects to which the bill appropriates funding (see Section 302). The bill also appropriates tens of millions in energy efficiency grants for K-12 schools (see Section 601), local governments (see Section 301), and higher education facilities (see Section 307). The capital budget bill (SB 6074) also requires certain publicly-funded projects to adhere to the high performance building standards (see Section 1002) and appropriates $15 million for continuation of the community energy efficiency program (see Section 1015). In addition, the legislature considered a measure that could have set aggressive new goals to meet 80 percent of the state’s energy needs in 2030 through energy conservation measures (SB 6398). These policy advancements in 2012 add to the long list of contributing forces that have helped Washington earn its place among a January, 2012 list of the top ten states with LEED buildings on a per capita basis. Visit the Green Building Information Gateway for analytics on high-performance building in Washington. For information on green building policy in Washington, contact Washington staff at USGBC’s chapter in the region, the Cascadia Green Building Council. WEST VIRGINIA – In a measure that sets the right example for all commercial buildings in the state, Governor Tomblin’s approval of SB 76 was an important step for energy efficiency in the state. The measure sets building design and construction codes for state buildings that should put these buildings on track to achieve minimum efficiency targets consistent with 2009 federal law. One bill went further, proposing that new state buildings earn LEED Silver certification (HB 2024). Another measure, possibly influenced by recent actions in neighboring states of Kentucky and Virginia, would have authorized the State Fire Commission to propose greener building code provisions for consideration in the state

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building code (SB 604). Contractors, real estate agents and appraisers could have had new education and training requirements related to green or energy efficient real estate (HB 4492). Additionally, two bills proposed in 2012 could have provided a tax credit for a residential or commercial building that has earned the ENERGY STAR label (HB 4044 and SB 15). Visit the Green Building Information Gateway for analytics on high-performance building in West Virginia. For further information on green building policy in the state, contact USGBC’s West Virginia Chapter. WISCONSIN – Municipalities, building owners, developers and other participants in PACE financing programs in the state have more guidance from the legislature that intends to improve the effectiveness of these energy efficiency programs (HB 425/Act 138). The law outlines that third parties may offer financing and that municipalities may require third-party reviews of projected savings as a condition to participate; such third-party reviews are now required for projects exceeding $250,000. Consumers and businesses benefitted from new and updated programs offered in 2012 by the state’s Focus on Energy program, a joint initiative of the investor-owned utilities. The new programs include an energy efficiency certification system for new homes. In an effort to tap the many benefits of green public buildings, including spillover benefits that were explored in 2012 research, one bill could have committed new state buildings and schools to earn LEED Silver certification or an equivalent (AB 737). In addition, the bill also included proposed requirements for zero net energy public buildings by January 2032 as well as authorizations to promulgate additional state building regulations based on the International Green Construction Code. This wide-sweeping proposal also introduced requirements for transactional disclosure of building energy use prior to all public lease agreements. Visit the Green Building Information Gateway for analytics on high-performance building in Wisconsin. For further information on green building policy in the state, contact USGBC’s state affiliate, the Wisconsin Green Building Alliance. WYOMING – Through the state’s participation in the Energy Code Ambassadors Program, a handful of code officials were trained and empowered in 2012 to spread their know-how of the building energy code and effective strategies to boost compliance. Visit the Green Building Information Gateway for analytics on high-performance building in Wyoming. For further information on green building policy in the state, contact USGBC’s Wyoming Chapter.