Since its inception in 1998, LEED (Leadership in Energy and Environmental Design) has become an internationally recognized green building certification system developed by the U.S. Green Building Council (USGBC). In essence, LEED provides a third-party verification that a building was designed and built using environmentally sustainable construction. Buildings can qualify for four levels of LEED certification:
(1) Certified
(2) Silver
(3) Gold
(4) Platinum
The level of LEED certification depends upon the number of LEED points awarded a building. There are eight different versions of the LEED rating system available for specific project types ranging from LEED for New Construction to LEED for Commercial Interiors to LEED for Schools.
Individuals recognized for their knowledge of the LEED rating system are permitted to use the LEED Accredited Professional (LEED ® AP) acronym after their name, indicating they have passed an accreditation exam. According to the USGBC, Polsinelli Shughart attorney Curtis J. Petersen was the first practicing attorney in Kansas or Missouri to be recognized as a LEED AP.
The USGBC recently announced an overhaul of the LEED rating system in the form of “LEED 2009,” which incorporates several changes to the LEED process. The 2009 revamp initiative, which the USGBC calls LEED version 3, or LEED v3, has several new and/or revised components. These include:
- Updates and improvements to the online tool for managing project registration and certification process electronically. With an investment of several million dollars in the new LEED Online, the USGBC hopes to eliminate the frequent crashes of the system’s online predecessor.
- Changes to the LEED certification process for buildings. The USGBC officially moves administration of the certification of buildings to the Green Building Certification Institute (GBCI), a nonprofit organization spun off from the USGBC, with the goal of eliminating the review and certification delays that have long plagued the LEED program.
- A new program for accrediting professionals who work on LEED buildings. The changes include introduction of a three-tiered system of credentials. The lowest tier will be LEED Green Associate. The second tier will be roughly the equivalent of the current AP credential. The final tier, LEED Fellow, will designate an elite level of expertise.
- The revision of certain existing point requirements and the addition of new requirements. For example, additional points are now available for energy-related measures, and a new category of points is available based on regionally important measures (classified by zip codes).
- Introduction of a 100-point scale to determine the level of LEED certification for which a building may qualify. Previously, the individual rating systems had their own point totals. For example, LEED for New Construction, LEED for Schools and LEED for Commercial Interiors were based on 69-point, 79-point and 57-point scales, respectively. The introduction of the 100-point scale adds a level of continuity across all the rating systems, which, in turn, should simplify the LEED documentation and certification.
For More Information:
For more information, or if you have any questions, regarding LEED construction, design, contract drafting or negotiation, please contact:
For more information, or if you have questions, about LEED Certification, please contact LEED ® AP Real Estate attorney Curt Petersen - 816.360.4313 | cpetersen@polsinelli.com.
Information on ”Green" energy efficient building and green leases (what a "green" lease actually means, reasons to make your lease "green" and the costs vs. benefits of green leases), published recently by our Real Estate Group can be found in our April 2009 e-Alert –
http://www.polsinelli.com/ publications/real_estate/grnls09.htm.
About Polsinelli Shughart PC
With more than 480 attorneys , Polsinelli Shughart PC is a national law firm that is a recognized leader in the areas of business litigation, financial services, bankruptcy, real estate, business law, labor and employment, construction, life sciences and health care. Serving corporate, institutional and individual clients regionally, nationally and worldwide, Polsinelli Shughart is known for successfully applying forward-thinking strategies for both straightforward and complex legal matters. The firm can be found online at www.polsinelli.com. |
