Hawaii Green Building Law

Next month I will be a presenter at the 11th Biennial Governors Pacific-Rim
Safety and Health Conference 2010. In preparing for the presentation I have been focusing on safety issues related to green development.

Just because a project is “green” does not necessarily mean that it is safe, particularly for the workers constructing the building. For instance, low VOC paints often include potentially toxic materials, such as silica, which could be harmful to the painter.

In addition, fly ash (a waste product of coal-fired power plants) is commonly used as a partial replacement to portland cement and is known to increase concrete’s constructibility, durability and sustainability. Use of fly ash contributes to achieving LEED credits for using recycled materials in construction. In addition to diverting material from landfills, proponents of fly ash tout that it conserves energy by reducing the need for standard materials such as cement, crushed stone, and lime, all of which require energy to be produced.

Fly ash, however, is being described as the “new asbestos” and the U.S. Environmental Protection Agency is considering reclassifying fly ash as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act. The action is a response to the Dec. 22, 2008, collapse of an earthen retaining wall of a containment structure at a Tennessee coal plant. The failure sent 5.4 million cu yd of toxic sludge, containing fly ash and water, flowing over 300 acres. The spill is considered the worst breech of its kind in the U.S.

Critics of fly ash believe that some buildings have an increase in toxic indoor air contamination due to the use of fly ash that has been used as an additive in concrete. Critics cite to a building in Hong Kong where:

researchers suspect that the combination of fly ash and granite aggregation in concrete causes the building to be “hot” with the radioactive gas radon when the air-conditioning systems are shut down at night and on weekends. As a result, night and weekend workers may be exposed to higher and potentially dangerous radon levels.

Exposure to potential toxic substances creates another risk that must be considered prior to developing a green building.

The U.S. military plans on saving more than $1.6 billion through green building projects and is investing $2.7 billion this year to improve energy efficiency. Improvements include more energy-efficient lighting, low-flow toilets, heating and air-conditioning upgrades,and solar panels.

There are several military projects in Hawaii that are registered for LEED certification with the United States Green Building Council. While green projects may lead to cost savings for the military, they are not free of risk. Special consideration must be given to issues akin to the military.

One issue is security. Daylighting systems, including windows and skylights could put confidential information at risk and compromise security. In addition, the military may not be able to accommodate the necessary upkeep and preventative measures needed to use the new green technologies.

These are just more examples of potential issues that could arise in green building projects. All parties involved in green building projects must be aware of the potential risks and plan accordingly.

Hawaii Preparatory Academy has opened the “Energy Lab.” The Energy Lab could be the first K-12 school facility in the world to meet the Living Building Challenge, a criteria that exceeds LEED Platinum certification, which the school also is pursuing.

Like LEED certification, the Living Building Challenge is also a voluntary third-party program of sustainable building certification. Its creators see it as the next step beyond LEED.

The Living Building Challenge addresses six performance areas: site, energy, materials, water, indoor quality, and beauty and inspiration, with a goal of achieving a “net zero” impact on the energy grid, water systems and natural environment. In order to qualify to be certified under the Living Building Challenge, a building must be a zero-net energy and water user, and introduce no new toxins from an established “red list” into the environment. Additionally, it could not be built on undeveloped land. In all there are 16 requirements for such a building and the list includes a category for “beauty and spirit” that includes “education and sharing.” The Living Building Challenge is performance based, which means a project has to perform as modeled for one full year prior to receiving certification.

Some of the sustainability features of the Energy Lab are wind turbines and roof-mounted photovoltaic panels will strive producing 100 percent on-site renewable energy. In addition, all wood is Forest Stewardship Council (FSC) Certified or from salvaged sources. Every occupied space has operable windows and the building is almost entirely naturally ventilated. A radiant cooling system uses colder nighttime air to chill water. Sensors will monitor the building’s energy use and generation and control artificial lighting and natural air flow.

On Monday, I was a guest on Hawaii Public Radio’s “Energy Futures.” Here is a link to the show: http://hawaiipublicradio.org/audio/EF_040510.mp3.

The show focused on LEED standards, legal issues related to green building and the future of green building in Hawaii.