Green Building Ordinance Draft, rev. 2

Below is the most recent draft of Jacksonville's Sustainable Building Ordinance. See the post below this for details on the next public forum in January:


In the Public workshop, there was a request for a periodic review and update of this ordinance to stay current with Local, State and National priorities and technologies. I am unsure where or how to incorporate this. The EPB, at the December meeting, verbally agreed with this concept of periodic review and update.

Introduced by Council President at the request of the Mayor:

ORDINANCE 2007-
AN ORDINANCECREATING A NEW CHAPTER ___, ORDINANCE CODE, ESTABLISHING A SUSTAINABLE BUILDING PROGRAM FOR THE CITY OF JACKSONVILLE; SETTING FORTH INTENT, APPLICABILITY, DEFINITIONS, STANDARDS, AND INCENTIVES FOR PROGRAM; CREATING A TEMPORARY SUSTAINABLE BUILDING CERTIFICATION REFUND GRANT PROGRAM; APPROPRIATING $100,000 FROM THE ENVIRONMENTAL PROTECTION TRUST FUND FOR THE GRANT PROGRAM; PROVIDING AN EFFECTIVE DATE.

WHEREAS, sustainable development helps balance the expansion of the City and preservation of our quality of life; and
WHEREAS, Jacksonville has demonstrated its commitment and leadership through the Green Homes Initiative; and
WHEREAS, architects, developers, builders and owners are voluntarily making the commitment to design and construct sustainable buildings and homes in Duval County; and
WHEREAS, Jacksonville commits to high performance building practices that protect the quality of our air, water and other natural resources; provide employees, the public and the owners with safe and healthy indoor and outdoor environments, reducing developments impact on our God-given environment: and
WHEREAS, the Florida Green Building Coalition has developed voluntary programs for the development and operation of sustainable commercial, residential buildings and planned use developments; and
WHEREAS, the U.S. Green Buildings Council has developed the Leadership in Energy and Environmental Design rating systems for new and renovated commercial buildings, and new residential buildings and developments; and
WHEREAS, standards adopted for the Sustainable Building Program will advance the Jacksonville Green Homes Program, the Environmental Protection Agency Energy Star Program, the Water Management District Florida Water Star Program, and other programs advancing the goals of the Jacksonville Sustainable Building Program; now therefore
BE IT ORDAINED by the Council of the City of Jacksonville:

Section 1. Creation of New Chapter ____, SUSTAINABLE BUILDING PROGRAM. There is hereby created a new Chapter ____, Ordinance Code, entitled SUSTAINABLE BUILDING PROGRAM, to read as follows:
CHAPTER ____. SUSTAINABLE BUILDING PROGRAM

Section ___.101. Intent.
It is the intent of the Council in creating this Sustainable Building program to demonstrate a substantial commitment on the part of the City to finance, plan, design, construct, manage, renovate, commission, maintain and deconstruct County Buildings with sustainable building standards and to support development of privately owned buildings in Jacksonville to sustainable standards. The purpose of this program is to provide the City with a certification-based "Sustainable building" program to promote sustainable and environmentally friendly practices of design, construction, commissioning, maintenance and retirement for buildings.

Section ___.102. Applicability.
(a) All new civic or office construction projects owned by the City, including its independent agencies or authorities, will follow the requirements of this Chapter, unless the Council makes a determination that the costs of compliance with this Chapter significantly outweigh the benefits to the City of compliance. All new City-owned civic or office construction projects shall, at a minimum, obtain LEED certification for any buildings in the project. An exception to the requirements of this Ordinance shall be considered by Council for any project with a return on investment of less than 10% of the total capital cost of the proposed project.
(b) All modifications to existing City-owned buildings where the total renovations includes more than 50% of the total building square footage will follow the requirements of this Chapter.
(c) For all other construction projects, including all private construction projects, compliance with this Chapter is voluntary.

Section ___.103. Definitions.
For purposes of this Chapter, the following terms, words and phrases shall have the following meanings:
FGBC means the Florida Green Building Coalition.
FSEC means Florida Solar Energy Center, a unit of the University of Central Florida.
GHDS means the Green Home Designation Standard of the Florida Green Building Coalition.
Sustainable building means generally the resource efficient design, construction, and operation of buildings by employing environmentally sensible construction practices, systems, and materials. Sustainable building also means an office, residential or civic structure which has obtained LEED certification.
LEED means the Leadership in Energy and Environmental Design Rating System of the U.S. Green Building Council. Program certification means the final designation awarded to a program participant for satisfying all requirements associated with the program for a particular project.
Third party rater means an independent third party certified by the USGBC as a Sustainable building rater qualified to verify that the building project has satisfied all of the requirements associated with the standards applicable to a particular project.
USGBC means the U.S. Green Building Council.

Sec. _____.104. Administration.
(a) The Public Works Department Engineering and Construction Management Division is responsible to ensure compliance with applicable requirements of this Chapter in the construction of new City-owned civic and office buildings. The Engineering and Construction Management Division is also responsible for reviewing, assessing and making recommendations concerning existing City owned buildings being considered for participation in the Sustainable Building Program and, in the event such buildings are so included, for ensuring compliance with the requirements of this Chapter.
(b) The Environmental Protection Board shall review and approve requests for Sustainable Building Certification Refund Grants pursuant to section ___.107. The Environmental Protection Board shall also hear appeals from persons or entities denied access to future fast track development review pursuant to section ___.106(a).
(d) The Environmental Quality Department shall, in cooperation with the FSEC and others, coordinate at least one training workshop per year for the purpose of educating current and potential participants and City Staff in the Jacksonville Sustainable Building Program on the program and its benefits and requirements. Annual training shall be funded from the Environmental Protection Fund.
(e) The Planning and Development Department shall provide fast track development review pursuant to section ___.106(a).
(F) The Sustainable Building Program shall be administered on either a per-unit or per-development basis, as specified at the time of permitting. "Per-unit" means each unit built, except that any multi-family dwelling or similarly clustered structure may count as one unit. “Per-development” means each Planned Use Development, subdivision, or business park.

Sec. _____.105. Standards.
Published LEED standards of the USGBC shall be used to measure compliance of buildings participating in the Sustainable Building Program.

Sec. _____.106. Incentives.
The incentives contained in this section are intended to encourage the construction of Sustainable buildings. For any program participant seeking program certification for new residential or commercial construction, residential or commercial retrofitting/remodeling or new City-owned civic or office construction, the following incentives shall be made available:
(a) Fast track development review:
(1) Development Services, including “10-set” and Concurrency Management, Land Use Change and Construction permit applications submitted or resubmitted for review for Sustainable Building projects shall be given priority over projects which are not Sustainable Building projects by all City departments reviewing such applications.
(2) Applications for administrative deviations pursuant to section 656.109, when submitted to facilitate Sustainable Building program certification, shall be given priority over other applications which are not Sustainable Building projects, to the extent possible consistent with the time requirements of section 656.109.
(3) Applications for plat approval pursuant to Chapter 654 shall be given priority over other applications provided the developer records on the public records of Duval County covenants or other restrictions sufficient to require that all homes in the subdivision will be constructed so as to qualify for LEED certification.
(4) Requests for relief from the requirements of section 656.607(i), when submitted to facilitate Sustainable Building program certification, shall be liberally construed to promote such certification.
(5) Applicants who obtain priority status pursuant to this section shall provide proof of LEED certification to __________________ within 180 days of construction completion as defined by Occupancy Permit issue date. Applicants who obtain priority status but fail to obtain program certification may be will be subject to disciplinary action by the City of Jacksonville Environmental Protection Board under the provisions of Sec._____._____ of the City Code.. Any person or entity so denied priority status may appeal such determination to the Environmental Protection Board. Eligibility for priority status may also be restored upon proof of LEED certification of a building permitted through regular review after denial of priority status.
(b) Designation: The Environmental Quality Division shall coordinate a program of recognition, on the internet or through other additional means, identifying permitted construction as a Sustainable building project with benefits to the community and the environment.
(c) Refund of certification expenses: Subject to, and within the limits of, funds appropriated by the Council for the purposes set forth in this subsection, owners or developers of Sustainable Building projects may receive a refund of the actual costs of Sustainable Building program certification pursuant to section ___.107.

Sec. ___.107. Sustainable Building Certification Refund Grant Program.
(a) Creation and Purpose. There is hereby created a Sustainable Building Certification Refund Grant Program. The purpose of the program is to establish a temporary source of funds to be used to create an incentive to achieve Sustainable Building program certification through refunds of the actual cost of such certification. The program is intended to be a start-up program to encourage initial participation in the Sustainable Building program and shall terminate upon disbursal of any funds appropriated by the Council for this grant program.
(b) Responsibility. The grant program established by this section shall be administered through the Environmental Protection Board, which shall review and approve disbursements from such funds as may be appropriated by the Council for this program.
(c) Application for certification refund grants. Property owners desiring to participate in this grant program shall submit an application to the Environmental Protection Board on a form prescribed by that Board or its staff. Application shall be made following certification of Sustainable Building status and shall be accompanied by proof of certification and evidence of the actual costs associated with obtaining such certification. Certification shall be made by an independent third party rater that the owner has received LEED Sustainable building program certification for the buildings that are the subject of the application. Grants pursuant to this program shall be made by the Environmental Protection Board and shall be for reimbursement of actual cost of obtaining certification, which costs may include fees for application and inspection for LEED certification, but shall not include cost of any construction necessary to achieve LEED certification or permitting or other fess associated with such construction. Grants made pursuant to this program shall me limited to the following amounts:
Certification Level Maximum Amount per Building
LEED Certification $500
LEED Silver $1000
LEED Gold $1500
LEED Platinum $2000
Section 2. Appropriation. For the 2007-2008 fiscal year, within the City’s budget, there are hereby appropriated the indicated sum(s) from the account(s) listed in subsection (a) to the account(s) listed in subsection (b):
(B.T. ______ attached hereto as Exhibit 1 and incorporated herein by this reference)
(a) Appropriated from:
See B.T. ______ $100,000.00
(b) Appropriated to:
See B.T. ______ $100,000.00
Section 3. Purpose. The purpose of the appropriation in Section 1 is to provide funding for a Sustainable Building Certification Refund Grant Program established by Sec. ___.107, Ordinance Code, which program is temporary in nature and intended to create incentives to achieve Sustainable Building program certification as provided in Chapter ___, Ordinance Code.
Section 4. Carryover. The funds appropriated in this ordinance shall not lapse but shall carryover to fiscal year 2008-2009.
Section 5. Waiver. Section 111.755 (Environmental Protection Fund), subsection (f), Ordinance Code, is hereby waived so as to allow the use of the Environmental Protection Board Trust Fund for the purposes set forth in Section 3, notwithstanding the existing limitations on use of the funds.
Section 6. Effective Date. This Ordinance shall become effective upon signature by the Mayor or upon becoming effective without the Mayor's signature.
Form Approved:

__________________________________________
Office of General Counsel
Legislation Prepared By: Tracey I. Arpen, Jr.

Green Building Ordinance Update

For those of you that are following along, here is the latest update from the desk of Ms. Veleta at the Environmental Protection Board:

Greetings:

The Water Committee of the Environmental Protection Board will host a public meeting with the purpose of hearing comments on the latest draft of the proposed Green buildings Ordinance. It is the desire of the Water Committee to finalize the latest version of the draft ordinance and submit it to the Mayor's Office for introduction to City Council in February. You presence at this public meeting and/or your comments are vital to the forward progress of the proposed ordinance. The latest draft is attached for your information and comment.

The Public Meeting the proposed Green Buildings Ordinance will be held Tuesday, January 22, 2008 at 4:30 P.M. in Conference Room 3C, City Hall
- St. James, 117 W. Duval Street, Jacksonville, Florida 32202.

Should you have any questions or require further information, please contact the undersigned or Ruby Tucker at 630-3692. Written comments may be submitted via email to me or via snail mail to Mr. Robert Schuster, Environmental Protection Board, 117 W. Duval Street, Suite 225, Jacksonville, Florida 32202, no later than January 29, 2008.


Christi Veleta
Program Administrator
Environmental Protection Board
117 W. Duval Street, Suite 225
Jacksonville, Florida 32202
Phone: 904-630-3692
Fax: 904-630-3638
Email: veleta@coj.net

(The draft of the ordinance is posted separate from this notice.)

Please mark your calendar and plan to attend the meeting on January 22nd. Your support provides the strength required to make this happen.

Have a Cool Holiday!

With one week left until Christmas Eve, many (if not all) of us are still shopping around for last-minute gift items for friends and family. Take a moment to consider what we can do during this time of excess and indulgence to conserve and protect our natural resources and the environment.

The National Resource Defense Council has offered a few hints on how we can continue to be good stewards of our environment during the holiday season:

1. Ground Shipping: The early bird... cuts pollution? It's true: Do your online and catalog shopping early and you'll be able to request ground shipping. It is six times more efficient than overnight air shipping. It saves fuel and reduces global warming pollution.

2. LED lights: Holiday lights are a fun way to make your home feel festive, inside and out. But to save energy, remember to turn them off when you're not at home and before you go to sleep. Shopping for new lights? Energy-efficient LED lights are the best choice, and they're not available at most major retailers. LED holiday lights use about 90% less energy than conventional lights. They'll help make the season bright while substantially lowering your holiday electric bill. (From the PG&E website: Based on annual operation costs of 225 hours of use (5 hours a day for 45 days), large incandescent holiday lights cost approximately $70 to run, mini-incandescents $5, and LEDs $0.45. Big difference there!)

3. Energy Star: Hoping to unwrap a computer, TV, washing machine, or dishwaser this year? Make sure your loved ones know about the Energy Star label. Home appliances and electronics bearing this label must exceed minimum standards for energy consumption; an Energy Star appliance can lower your utility bills and help reduce the heat-trapping pollution that causes global warming at the same time. (Also, from today's Times-Union, watch out for those snazzy flat-panel TVs: a 28-inch convention television set containing a cathode-ray picture tube, often uses about 100 watts of electricity. A 42-inch LCD set requires about 200 watts of electricity. a 42-inch plasma set sucks up 200 to 500 watts. A 60-plus-inch plasma screen can consume 500 to 600 watts, depending on the model and programming. In the biggest screen sizes, a projection television consumes about 150 to 200 watts. All according to the EPA.)

4. Environmental gifts: Stumped on a gift for that neighbor or second cousin? How about a hand-cranked radio or flashlight? They're climate friendly, and outdoorsy types swear by 'em -- no need to worry about batteries. Also, consider gifts that encourage connecting with nature, like national park passes, binoculars, or a holiday wreath made of birdseed and fruit for birding in your backyard. For a bit of 'good feeling', purchase a TerraPass for your SUV-driving family-member with all the kids. They'll feel better about their impact (even if it isn't much consolation at the pump).

5. Reusable or recycled packaging: When you're stocking up for a holiday feast, look for products that go easy on the packaging, or come in reusable or recyclable wrapping. You'll save the energy that would be used to manufacture and ship the ecess packaging, and shrink your personal contribution to global warming.

6. Hybrid cars: Put a hybrid car on your wishlist this year! It might be a long shot, but if it works out you'll get a shiny new car and the satisfaction that you're really making a difference. A hybrid car saves big money at the pump, and is much more climate friendly than the car it replaces.

7. Remember to recycle: Holiday enertaining can leave behind lots of cans, bottles, and cardboard. Recycle whatever you can in your area to make your home more climate smart. Use recycled paper to wrap your presents. Or, if you're feeling artistic, don't buy gift wrap at all. Get creative with old newspapers, magazines, or fabric, and you'll add a little extra personalization to each present. And be sure to recycle your Christmas tree, which can be turned into mulch for the spring. Go to Earth911 to find a local tree recycler in your area.

8. Beat the traffic: Share a ride or take public transit while doing your holiday shopping. If you must drive to get to the shops, bring a friend or two along. Cars are responsible for 20% of the CO2 pollution the US produces, so carpooling really helps (And you'll get to swap gift ideas with your shopping buddies.)

9. E-mail: Instead of mailing holiday cards and letters to loved ones, try using e-mail. You'll save paper -- and the carbon-sequestering trees it is made from -- and reduce emissions from delivery vehicles. You'll reach your friends and family faster, too. While you're at it, browse through NRDC's Earth Action Center and send a heart-warming message to your elected officials expressing your concern about global warming, air pollution, and other environmental issues.

10. Give a gift: Another way you can make a difference is with a gift to NRDC (or an environmental stewardship organization close to your heart). A membership makes a great gift for an environmentally conscious friend or relative, or a great treat for yourself -- either way, you're giving the Earth a gift too.

And remember, recycle, reduce, rejoice this holiday season!

Green Building Ordinance Update

For those of you that are following Jacksonville's proposed Green Building Ordinance, I spoke with Christi Veleta, program administrator for Environmental Protection Board, this morning and she told me to keep an eye out for the middle of January for the next public workshop.

Right now, they are considering the public comments received and making the appropriate revisions which will be available for review at the workshop in January. If you provided comment and included your e-mail address, you will be notified of the date and time. If not, (why not?) keep an eye on Sustainabuild for updates.

Also, the state will be rolling out a proposal around the same time so part of the review process will include ensuring that both are in harmony and there are no conflicts.

In the meantime, keep it green!

Another Good Example of Sustainable Business Practices

We're always pleased to promote other companies that are "walking the walk" of sustainability and our friends over at TLC Engineering for Architecture are one of the best examples we know. As you may know, TLC's Jacksonville office is the first LEED for Commercial Interiors certified space in Florida which already says a great deal about their commitment to both the environment and to the people who work within the space. But, they've taken the next step and have gone carbon neutral.


Sent to me by Mark "Mr. Green" Gelfo:

TLC Engineering for Architecture, already a leader in sustainable building design services in the Southeast, is becoming a greener organization in practice as well.John Douglas Benz, AIA, Chairman, announced that the board of directors has approved a series of sustainability policies aimed at helping the environment. One key initiative is for TLC to become to become carbon neutral by purchasing renewable energy credits (RECs) to offset the energy used for power, lighting, heating and cooling in the firm's nine offices. The credits will go to a portfolio of small landfill gas-to-energy projects throughout the U.S that are certified by "Green-e", the nation's leading independent renewable energy certification and verification program. We use these projects because the methane they destroy for fuel has 21 times the global warming potential than carbon dioxide. Most of the world's climate scientists agree that the emission of greenhouses gases has a significant negative impact on the climate and global warming.
We will also purchase renewable energy credits for all travel associated with green projects, green design services and commissioning.

Employees are being asked to do their part by turning off lights in work spaces and conference rooms when they aren't in use and shutting down computers and other electronic equipment at night and on weekends. Water-conservation measures are also being initiated. Several of TLC's offices have had water- and energy-saving policies in place for some time with much success.

“This endeavor illustrates TLC's firm belief that we are all stewards of the environment. As a firm, we are passionate about sustainability, not just in green building design, but in the way we live our lives,” said Mark Gelfo, PE, LEED AP, CxA, director of the Jacksonville Office.

In fact, TLC-Jacksonville's new quarters in the DuPont Center recently achieved U.S. Green Building Council LEED Silver certification and became the first office space in the state to be certified for Commercial Interiors. Natural sunlight bathes the interiors of the office, which is designed with energy efficient lighting and equipment, sensor faucets, and carpet and furnishings that are low in chemical emitting compounds. Recycled and local materials were used in renovating the 13,000-sq-ft space to reduce waste and cut down on transportation costs. Additionally, bicycle storage, a shower and a changing room for employees who want to bike to work have been included in the design. The engineering systems were designed by the TLC office staff.

If you'd like to hear more about TLC's environmental stewardship, e-mail Mark.

Congratulations to the crew at TLC for taking the extra step to do the right thing. Keep up the good work!