Hawaii Green Building Law

A colleague of mine (also a LEED-AP, Esq.) found a post on Green-Buildings.com posing the question…is the LEED exam more difficult than state bar exams?

The article recognizes that:

[W]ith green building quickly becoming written into law across the United States, real estate attorneys, investors, construction and operations professionals are finding that understanding green building may be critical to ensuring that client sustainability goals are achieved.

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Understanding the nuances of sustainability law requires constant study as more law firms add “LEED AP” to their credentials and launch practice groups focused on green businesses.

If you’re reading this post, you probably know that I am an attorney and a LEED-AP. In fact, the law firm that I am with has several attorney/LEED-APs [shameless plug]. It’s difficult to draw comparisons between the respective difficulties of the LEED exam vs. the bar–they are two completely different tests that require different approaches.

While it is difficult to compare the tests, attorneys that become LEED-APs demonstrate that they are dedicated to both the law and helping their clients understand sustainability and the regulations surrounding green building.

Washington D.C. is pondering a new incentive to promote sustainability. The proposal authorizes a grant of $3000 to people who work in D.C. who relocate from their suburban homes into the city, where their commute would demand less energy.

The proposal is part of the D.C. Department of the Environment’s stimulus application for the U.S. Department of Energy’s State Energy Program.

At this point, it is not clear how whether $3000 is enough for people to relocate or how successful the grant program will be. However, creative incentive programs are key to guiding sustainability efforts.

In 2008, Honolulu was ranked as having the worst traffic drive times in the United States. Heavy traffic has not provided a significant deterrent to get Honolulu drivers out of their cars. Incentives, like the D.C. initiative may help reduce congestion, curtail urban sprawl, encourage mass transit use and create a more sustainable city.

Kamehameha Schools received approval from the Hawaii Community Development Authority to proceed with its master plan for 29 acres in Kakaako.

The proposed development includes a 25,000-square-foot plaza along Auahi Street, a 400,000-square-foot Asia Pacific Research Center to house biotech companies and labs and up to 2,750 residences in high-rises, townhomes and lofts.

Kamehameha Schools has touted that one of its goals related to the proposed development is to practice ethical, prudent and culturally appropriate stewardship of land and resources. According to the Master Plan Application submitted by Kamehameha Schools, it is envisioned that Kakaako will become “the most desirable and sustainable urban place in Hawaii to work, live, visit, learn and play.” Through the achievement of these aspirations, a host of public and private benefits will result including:

• The creation of a vibrant living environment with energized street life and active open spaces.
• The expansion of open space opportunities and connections between parks.
• New living options that are close to places of work and provide convenient access to recreational amenities, shopping and cultural
events.
• Enhancement of the image of the city and its urban environs.
• Approximately 550 new reserved housing units to alleviate affordable housing conditions statewide.
• A commitment to and investment in sustainable development in the urban core.
• A community that is pedestrian-friendly and designed to reduce traffic and vehicle use islandwide.

The City and County of Honolulu’s planned rail line is slated to connect with the project with a transit station identified for part of Kamehameha Schools land.

A group of US senators, including Hawaii senator Daniel Akaka recently introduced the Livable Communities Act, a bill that would provide $4 billion to help cities and states pursue transit-oriented development, bicycle and pedestrian infrastructure, and other green transport projects.

The first proposed grant authorizes $400 million over four years for the implementation of regional plans that integrate sustainable housing, transportation, and community development. The second grant program spreads $3.75 billion over three years to assist localities in making their plans materialize, from affordable housing to bike-ped access.

According to Senate Banking, Housing, and Urban Affairs Committee Chairman Chris Dodd’s website, the Livable Communities Act will:

Create competitive planning grants that towns and regions can use to create comprehensive long-term plans that integrate transportation, housing, land use, and economic development.

Create challenge grants that towns and regions can use to implement these long-term plans through investments in public transportation, affordable housing, complete streets, transit-oriented development, and brownfield redevelopment.

Establish a federal Office of Sustainable Housing and Communities at the Department of Housing and Urban Development to administer and oversee the Livable Communities grant programs;

Establish a federal Interagency Council on Sustainable Communities that will include representatives from the Department of Housing and Urban Development, the Department of Transportation, the Environmental Protection Agency, and other federal agencies to coordinate federal sustainable development policies.

Under the current version of the proposed act, the amount awarded under the grant program to an eligible entity that represents all or part of a metropolitan statistical area with a population of 500,000 or more, such as Honolulu, may not exceed $5,000,000. In determining whether to award a grant, the proposed Office of Sustainable Housing will evaluate whether the proposal:

(1) furthers the creation of livable communities;

(2) demonstrates the technical capacity of the eligible entity to carry out the project;

(3) demonstrates the extent to which the consortium has developed partnerships throughout an entire micropolitan or metropolitan statistical area;

(4) demonstrates a commitment to–

(A) sustainable development;
(B) location-efficient and transit-oriented development;
(C) developing new capacity for public transportation and increasing ridership on public transportation;
(D) providing affordable, energy-efficient, and location-efficient housing choices for families of all ages, incomes, races, and ethnicities;
(E) creating and preserving long-term affordable, energy-efficient, and location-efficient housing for low-, very low-, and extremely low-income families;
(F) revitalizing communities, neighborhoods and commercial centers supported by existing infrastructure;
(G) monitoring and improving environmental quality, including air and water quality, energy use, greenhouse gas emissions, and the redevelopment of brownfields; and
(H) coordinating the provision of transportation services to elderly, disabled, and low-income populations;

(5) demonstrates a plan for implementing a comprehensive regional plan through regional infrastructure investment plans and local land use plans;

(6) promotes diversity among the geographic regions and the sizes of the population of the communities served by recipients of grants under this section;

(7) promotes economic benefits;

(8) demonstrates that a Federal grant is necessary to accomplish the project proposed to be carried out;

(9) has a high quality overall; and

(10) demonstrates such other qualities as the Director may determine.

The Livable Communities Act could provide another source of funds to assist in the City and County of Honolulu’s proposed rail project and the associated transit-oriented development that is sure to follow. Nevertheless, the recently introduced Act still has a long road ahead of it.