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Legislation & Regulation of Legislation & Regulation of Green Building: Case Study of Green Building: Case Study of Boulder, Colorado Boulder, Colorado Natalie Shere, Natalie Shere, Research Research Associate Associate Brian Dunbar, Brian Dunbar, Director Director Institute for the Built Institute for the Built Environment Environment Department of Construction Department of Construction Management Management Colorado State University Colorado State University
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Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Dec 16, 2015

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Page 1: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Legislation & Regulation of Green Building: Case Study of Boulder, ColoradoCase Study of Boulder, Colorado

Natalie Shere, Natalie Shere, Research AssociateResearch Associate

Brian Dunbar, Brian Dunbar, DirectorDirector

Institute for the Built EnvironmentInstitute for the Built EnvironmentDepartment of Construction ManagementDepartment of Construction Management

Colorado State UniversityColorado State University

Page 2: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Review of Existing Literature yielded…– Many municipal-based programs: some mandatory, most optional, varied

in nature and compliance requirement.– Most of the mandatory programs, i.e. Portland and San Francisco, require

green building for all government-owned buildings-commercial only.– Most residential green building programs are optional.– Only three mandatory residential programs existed at beginning of study:

Austin and Frisco, TX and Boulder, CO.– Descriptive comparison paper on Frisco’s and Boulder’s programs’ origin.– Descriptive comprehensive comparison paper on Boulder and Scottsdale,

AZ (an optional residential program).– Very little literature addressing exact problematic issues associated with a

mandatory residential green building program.

Page 3: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Statement of the Problem– For city, state, or federal governments to propose and enact building

legislation, they must first be certain of the benefits, repercussions and overall impact that could result from such legislation. With respect to legislating green building practice, only limited results have been published. A few city municipalities have successfully implemented green building legislation; these cities could likely offer assistance to other cities seeking to implement green building programs.

– With evaluation of the GPBP’s problematic issues and determination of how best to address them, this case study determined a successful green building program model, specific to the goals of the City of Boulder, but useful to other municipalities with similar green building goals.

Page 4: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Developing the case study design…– Established contacts with the City of Boulder

and the Green Points Building Program (GPBP). (David Johnston & Elizabeth Vasatka)

– Determined research into associated problematic issues would be most beneficial for the GPBP and to the city.

– Determined a descriptive study is most appropriate.

– Determined that study participants should represent all stakeholder groups of the GPBP – Env. Affairs staff, other City staff, builders, architects, consultants, building suppliers.

Page 5: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Developing the case study design…– To explore problematic issues

associated with the GPBP, the study needed to interview various stakeholders.

– Potential solutions to the problems were to be explored in a focus group discussion composed of various professionals.

– Elizabeth Vasatka supplied a list of professional contacts familiar with GPBP; it included architects, builders, consultants, etc.

– The city’s staff of building inspectors, project specialists, and building officials were also invited to participate.

– Very high response rate of those participants who were contacted.

Page 6: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Research Questions, Part 1– Interviewees focused on problem identification

1. What issues, found to be problematic, are associated with legislation and/or regulation of green building?

*Political, Economic, Administrative, Compliance or Other

Page 7: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Research Questions, Part 2

– Focus Group was encouraged to identify solutions to identified problems

2. What can be determined by experts/stakeholders of the GPBP about the nature of those issues identified as problematic?

A. Are the identified issues truly problematic to the enactment and/oroperation of the GPBP, or simply one individual’s complaint?

3. What solutions can be determined by a group of experts/stakeholders to address the issues found to

be problematic to the GPBP?A. For each issue found to be problematic, what best course of action should

be taken to address it?

B. What updates to the GPBP are necessary to address and/or correct the identified problematic issues?

Page 8: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Methodology– Interview portion: Conducted 11 interviews: asked 5 questions (sub-

questions of Research Question #1) approximately 15-30 minutes.

– Compiled all issues discussed in all interviews into a list of 29 problematic issues.

– Data Analysis: Concisely filtered list into an outline of issues for the focus group discussion.

– Focus Group portion: comprised of 11 participants discussed 10 issues (4 of which had sub-issues)

– Data Analysis: Developed a list compiling all potential solutions to each issue offered in the focus group.

– Based on the focus group discussion, participant notes sheets, and favored solutions summed aloud, a list of optimal solutions for each of the 10 issues was developed.

Page 9: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 1 and Favored Potential Solution1. Self-Certified Options

Increased homeowner, building professional, and inspector education so they realize proper inspection is in their best interests, and better understand the benefits of using green points. Encourage the use of outside or private inspectors by builders.

Page 10: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 2 and Favored Potential Solution

2. Inconsistencies between Guidelines and Checklist

Invite construction trade input in revising/clarifying definitions/etc. prior to changes/updates. Improve consistency with other green

programs throughout the nation.

Page 11: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 3 and Favored Potential Solution

3. Problems with the current set of Green Point Options

Conduct group meetings upon updating options to determine point values and which options to include. Increase

education of consumers on availability, uses, etc. of materials.

Page 12: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 4 and Favored Potential Solution4. Lack of Education

Provide an all-in-one-place explanation of requirements for compliance, complete

with a Frequently Asked Questions’ section, and any interpretive questions directed to the Office of Environmental Affairs. Increased and on-going

education for city staff and permit applicants, offering inspectors incentives.

Page 13: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 5 and Favored Potential Solution

5. Contribution to higher construction costs in Boulder

Get utility companies on board in educating building professionals, city staff and

inspection professionals on reducing energy loads.

Page 14: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 6 and Favored Potential Solution

6. Point values don’t consistently reflect environmental impact of options

Clearly defined criteria (available and accepted) on how environmental impact

is measured, with ongoing professional input, will best define the green point options.

Page 15: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 7 and Favored Potential Solution

7. Building requirement not all located in one place

Develop a better website complete with user’s guide for the program and its required (consolidated) documents.

Page 16: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 8 and Favored Potential Solution

8. GPBP requirements are limiting to design possibilities

Increased use of the ‘Innovative’ points that are available.

Page 17: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 9 and Favored Potential Solution

9. GPBP not applicable in historic districts

Meetings/alignment of city Historic and Environmental boards.

Page 18: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Issue 10 and Favored Potential Solution10. Increased potential for lawsuits

Careful consultation with experts and professionals when updating to include

new green option products/processes.

Page 19: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Conclusions– Conclusion 1: The Green Points Program is functioning well.

• The GPBP is achieving the goal of increasing green building awareness and implementation within the city.

• The program shows progressive growth and acceptance within the community.• Administration is effective and the program review process in place is successful;

it is important that the city maintain adequate staff and the currently healthy link of program-citizen relations. (See Conclusions 3 and 4.)

– Conclusion 2: Education is key to current and future program success. • It is necessary to educate city staff (especially all who may interpret or enforce

policy) on specific processes, intentions, etc. of the program. • It is also necessary to educate the building community on requirements for

compliance, available resources, etc. associated with green building and the GPBP.

• Offering that education continuously and progressively is extremely important.• The City of Boulder should continue to offer and potentially increase the range of

programs that educate staff, building professionals and citizens.

Page 20: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• ConclusionsConclusion 3: Administration of the program and options listed in

the guidelines should be reviewed and updated independent of one another.

• The current system for review and update of the program every five years is sufficient for administrative procedure issues.

• It is suggested that a system be implemented that reviews and recommends points and/or options alternatives every 2-3 years.

Conclusion 4: A more thorough project/permit review process and an increase in audit capabilities could increase the overall effectiveness of the GPBP. To achieve this and the above-mentioned increased frequency of point/option review, this research study recommends the City of Boulder consider adding staff to ensure continued program success..

Page 21: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Conclusions– Conclusion 5: The Green Points Program could serve as an applicable

model for other cities.

• Demographics, intentions, goals, financial atmosphere, etc., may be specific to Boulder, Colorado.

• The GPBP is successful in achieving city goals, primarily that of increased green building awareness and practice, it aimed to achieve.

• The similarities between the GPBP and other programs researched in the literature review are in administration, format, categories of options, and other ‘guiding’ aspects of program models.

Page 22: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Future Research Ideas: 1. Compare Boulder homeowner satisfaction (maybe even

health) to that of non-green city homeowners.2. Study all green programs and look for key components.3. Study cities showing no green initiative and ask ‘why

not?’

Page 23: Legislation & Regulation of Green Building: Case Study of Boulder, Colorado.

Legislation & Regulation of Green Building: Case Study of Boulder, Colorado

• Overall Experience/Benefit:

1. Program is well-received

2. City very cooperative and open to change/improve

3. This study clearly defined Boulder’s program as a successful model

4. Increased knowledge and practice of green building.

– Thank you! Natalie Shere and Brian Dunbar

CSU Institute for the Built EnvironmentCSU Institute for the Built Environment