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The Green Supremacy
Could Federal laws invalidate local green building regulations?
By: Phil Crone
HBA of Greater Dallas
Green Vine News Column, February, 2010
A U.S.
District Court in New Mexico thinks they could. In AHRI v. City of
Albuquerque the court granted a preliminary injunction stopping the city
from enforcing its green building ordinance and sending them back to the drawing
board. Now it may only be a matter of time before this case makes its way to
Texas and perhaps across the country.
The reason
why is that the city was attempting to require HVAC equipment that is more
efficient than the minimum standards set by the Department of Energy. Thus, the
plaintiffs (HVAC contractors, suppliers and manufacturers) are alleging that the
ordinance is preempted by federal law; specifically, the Energy Policy and
Conservation Act of 1992.
Preemption
is the doctrine by which a state (or local) law is invalidated because it
conflicts with federal law. It stems from the Supremacy Clause of the U.S.
Constitution, which declares the laws of the United States as the “supreme Law
of the Land.” Courts apply this doctrine by trying to find evidence of
Congress’s intent to displace state and local requirements and then determining
the scope and size of what they intended the preemption to be.
In the
context of green building there are federal requirements for HVAC SEER ratings,
water heater efficiency and fixture flow rates among other things. Congress put
these in place for their environmental benefits, but also to establish
consistency in the marketplace for manufacturers, suppliers, and contractors
realizing that many of them operate nationwide and need this uniformity.
Therefore, you can see the policy argument against a city that would try to
mandate more restrictive requirements.
The court
in New Mexico was clearly troubled by the City of Albuquerque’s attempts to
mandate 14 SEER equipment above and beyond the 13 SEER federal minimum. Indeed,
ordinances like this would be the easiest to defeat under federal preemption
doctrine. A local example would be the City of Dallas’s ordinance, which
requires faucet and showerhead flow rates that go beyond federal requirements.
Even more
interesting, to me at least, is that the court had similar concerns with the
Albuquerque ordinance’s attempts to mandate a 30 percent above code energy
efficiency achievement while offering of a choice between the LEED for Homes
program and the local HBA’s Built Green New Mexico. These requirements are akin
to what you see in almost every green building ordinance across the nation.
From
working with energy efficiency software and green building programs such as
Green Built Texas, many of you know that they offer a variety of routes for
compliance. The court recognized this and also that it was conceivable for
someone to use equipment that met the federal minimum and still be 30 percent
above code and comply with green building programs. However, “conceivable” was
not enough to satisfy the court who noted that it would be cost prohibitive for
someone to try to comply using the federal minimums; presumably due to the need
for increased insulation, more efficient windows, or other design or performance
trade-offs.
While this
case is very compelling and I am certain we have not heard the last of it, it
needs to be noted that it has yet to be adjudicated on the merits. The
plaintiffs have only secured a preliminary injunction meaning that the court
feels they have a likelihood of success on the merits and it would be more
beneficial for the ordinance not to go into effect until the litigation
progresses. At this time, the city is revising their ordinance, but this case
will likely continue forward with legal experts around the nation now
interested.
As the
federal government begins to take on a larger role with regards to building
codes, specifically energy efficiency, the application of this case may expand
as well. While we are unlikely to see a carbon cap and trade bill anytime soon,
we could see an energy efficiency bill with federal building code requirements
this year. This would expand the field occupied by the federal government from
individual products to the entire building code. While such a bill is certainly
not a good thing for our industry, if you extend the logic of the court in this
case, it may render cities completely unable to impose even more rigorous
above-code requirements.
Depending on how it is decided,
the case could do this on its own. Time will tell if this is a landmark case
that opens the floodgates of green building litigation or if it is just a flash
in the pan of an unsettled area of the law.
Green Built Texas Project Zero: An Example of What Your Association Can Do For
You
By: Phil Crone
HBA of Greater Dallas
Green Vine News Column, December 2009
What can my association do for me? That question is asked a lot these days as
the HBA’s role as an advocate and an educator takes on the utmost importance in
these uncertain times. For two days in November, Green Built Texas’s Project
Zero event provided a definitive answer.
The first
day began at the Lewisville Convention Center as members (and many non-members)
piled into the room for a day’s worth of training from nationally-renowned
building science expert, Justin Wilson. Justin was one the founding fathers of
the Built Green Colorado program, which provided us with many of the resources
that led to the establishment of Green Built Texas. He now runs his own
consulting firm and is on the speaking circuit, this time being brought to North
Texas courtesy of the Canadian Mortgage and Housing Corporation.
Certainly,
having a Canadian company as a partner for an HBA event in Dallas will raise
some eyebrows. Rest assured though that our neighbors to the north’s model for
building science training is better than the one they have for health care (and
a lot less expensive).
Throughout
the day, Justin covered the whole gamut of building science topics including
moisture management, thermal barriers, pollutant control, material choices, and
HVAC improvements. My impression was that this built upon the foundation
established by the NAHB Certified Green Professional training. I especially
liked how he equated the principles he spoke about to external, real world
issues such as construction defects, legal liability, occupant comfort, sales
tips, and cost savings.
The second
day of the event used the TimberCreek Zero Energy House as the venue. As the
name implies, this high-performance home built by GreenCraft Builders, LLC and
designed by William Peck and Associates generates more electricity than it pulls
from the grid during any given year. Thanks to a variety of advanced features
and building techniques including 9kW of solar power on the roof, the
TimberCreek house represents the eventual future for the home building industry.
These days it provides a plethora of learning opportunities for all builders
looking to enhance the performance of the homes they construct.
These
opportunities are precisely what Project Zero focused on throughout the second
day. Attendees were treated to mini-seminars focusing on solar electricity,
HVAC, solar water heating, HERS rating strategies, rain water harvesting, and
efficient hot water delivery.
Topping it
all off was a keynote speech by EPA National Director of ENERGY STAR for Homes,
Sam Rashkin. His presentation focused on the upcoming changes to ENERGY STAR.
This information is both relevant and timely as the program, which is utilized
in 40 percent of all Texas homes and several municipalities, will change
significantly starting in 2011. I will cover the specifics of what is to happen
and what that means for builders wishing to stick with the EPA’s program, Green
Built Texas’s evolution, and regional policies in a future column once the final
ENERGY STAR 2011 specification is released in the weeks to come.
As you can
see, this event had a lot of information and was more than worth the two days
many attendees took out of their busy schedules. It also had a lot of moving
parts that could not have moved fluidly without several outstanding volunteers.
Therefore, I want to extend my profound appreciation to Mark Kleimann
(Environments General Contractors), Adam Auensen (Tonti Properties), Kevin
McLain (Dow Building Solutions), Jim Saunders (Green Mountain Energy), Dan Fette
(Dan Fette Builders), Randy West (Texas Andersen Homes), Collins Jones (Newport
Homebuilders), Terry Collins (Direct Energy), Scott Roberts (Creative
Architects), Carolee Kamesch and her daughter Morgan (Prestige Designer Homes),
and Todd Shaddock. Also, I want to thank HBA staff members Misty Varsalone and
Becky Warner.
Thanks to
all of their efforts and the support of the event sponsors listed below, the
association through its Green Built Texas program truly was able to do an
immense amount for its membership; not only in terms of information, but also in
value. The cost to attend both days of Project Zero was only $50.
Special
Thanks to all
Project Zero Sponsors:
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Project Zero
is a Deal You Can’t Pass Up
By: Phil Crone
HBA of Greater Dallas
Green Vine News Column, October 2009
Green Built
Texas is looking to end the year on a high note similar to the one we started
on. Recall back in January, more than 700 industry professionals attended the
Texas Green Home Seminar. The event was successful enough that it will now
become an annual tradition.
With your
help, the program endeavors to pull together yet another ambitious event that we
are calling Project Zero. Project Zero is a two day training opportunity for
home building industry professionals to learn both basic and advanced building
science principles through classroom instruction along with onsite
demonstrations at a net zero energy home in Lewisville November 18-19. The
TimberCreek Zero Energy Home being built by GBT Co-Chairman Chris Miles will be
one of the first in the state to reach net zero status by generating more
electricity on site than it uses.
On
Wednesday, November 18, attendees will be treated to a full-day building science
training seminar conducted by nationally renowned expert, Justin Wilson. Justin
is part of the brain trust that put the very successful Built Green Colorado®
program together. His seminar will cover many aspects of building science;
including designing and constructing buildings which systematically incorporate
framing, insulating and air sealing techniques to effectively manage heat, air,
and moisture flows. All this is accomplished by minimizing lumber and material
uses and impacts, while increasing energy efficiency and building durability.
Day two (November 19) will feature on-site demonstrations at the TimberCreek
Home. I know what you are thinking; this is just another science fair project on
a slab, isn’t it? Well, I do not expect everyone to run out and build similar
projects. That is currently not an economical proposition. However, I guarantee
that you will learn a number of practical things when you visit the site that
will help you enhance the performance of any home you build.
Perhaps the
best thing about the two days of Project Zero is the value. Fifty dollars, yes,
only $50, gets you a two day pass to attend all of the aforementioned events.
With breakfast and lunch provided on Wednesday and Texas BBQ on Thursday, you
would be getting a bargain just on the food alone.
Registration
and additional event information is available online at GreenBuiltTexas.com/ProjectZero.
Thank You
Beth Johnson: A True Pioneer among Realtors
With the changing of the
guard on the Green Built Texas board, we lose a true visionary in her field and
for our program in Beth Johnson of Advocates Realty. Beth, Texas’s first
certified Eco-Broker, is stepping down after being with the program from its
beginning nearly four years ago.
We are grateful for and have
benefitted greatly from Beth’s knowledge, enthusiasm, and networking skills. A
LEED AP, NAHB CGP, and self-described building science addict, Beth’s steadfast
attendance and support, her active and thoughtful participation, and a
dedication to improving and growing GBT helped the program become what it is
today.
A native North Texan, Beth
specializes in assisting homeowners in obtaining resources they need to buy,
build, sell, or upgrade their green homes. She has also been an outstanding
asset to builders and developers by marketing the green features of their homes
and attracting buyers. Her leadership and unique perspectives will certainly be
missed.
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Congress
Deals Out ACES as its Environmental Trump Card
By: Phil Crone
HBA of Greater Dallas
Green Vine News Column, May 2009
This month’s
column is sort of a carry-over from last month, but the gravity of this issue
has led me to pick up where I left off. Thus far, most of the demand for
resource-efficient or green homes has been market-driven and a product of
consumers wanting to save money. This demand is what spurred the creation of
green building programs such as Green Built Texas that came about to find a way
to get the maximum amount of home performance for the least practicable cost.
I commonly call
free market demand the pulling force that is steadily moving the industry to
build more efficient homes at a rate that consumers’ wallets can bear. On the
other hand there is also a pushing force behind this movement that comes from
regulation. As it should, this second force has trudged steadily behind the pull
of a certain segment of the market that is looking for a green home and what
green programs are designed to serve. Sometimes we need to be reminded that not
everybody wants these things. However, there needs to be, and has been, a
reasonable degree of push that has come from the evolution of the energy code,
which has progressed to the point where homes built today are twice as efficient
as the ones we built 30 years ago.
As we all know,
green has been the “in thing” with consumers for several years now and policy
makers including President Obama have enjoyed great success in garnering votes
by catering to this sentiment. Being the good capitalist that I am, I believe,
and I think most of you would agree, that the best way to continue to build more
efficient homes is by spurring more demand or increasing the “pulling” force on
the market through promotion, advertising, and financial incentives that include
tax credits. But, now we are in grave danger of “pushing” force of regulation
shoving our industry and market-driven programs like Green Built Texas right
over the cliff into an uncertain abyss.
Last month, I
left you wondering what Congress would do following the EPA ruling that carbon
emissions pose a threat to public safety and welfare. My searching since then
has come up all ACES. By that I mean the American Clean Energy and Security Act
(ACES). The bill is currently a “discussion draft” lingering in the House
Subcommittee on Energy and the Environment, but President Obama has called for
significant action on the bill to be taken by December when the international
community meets in Copenhagen, Denmark to come up with a successor to the Kyoto
Treaty. Kyoto has led to the establishment of a rigorous carbon emissions
trading system in Europe, but was not signed by the U.S. Long story short, by
the end of the year, the U.S. will likely be signed up for a comprehensive and
rigorous emissions trading or cap-and-trade system and its provisions are
already germinating in ACES.
So what does
this mean for us? Well, buried in the 900+ pages of ACES are provisions that
will push the nation’s building energy codes like never before. For example,
within a year after the bill is signed by the President, (presumably he will
sign it by the end of this year) it would require states to update their energy
codes to the
2009 IECC, a
level that is 12-15% more efficient than the current code level. Note that this
will likely be required by state legislation in January 2012. Three years after
that, the energy code must evolve to become 30% more efficient than current
levels and then by 2014, it must be 50% above. Are you as concerned as I am yet?
Not only will
this bill likely spell the end of market-driven green building and the pulling
force that has made this such an incredible movement in the past few years, it
will also have a substantial impact on housing affordability and put an
already-fragile market in deeper peril. NAHB seems to be aware of this bill and
has made the argument that this will derail the regular ICC code making process
(which it will) and that the bill is unconstitutional. In my opinion, the
constitutionality argument has a steep uphill battle as the precedent of the
Massachusetts v. EPA case and subsequent EPA ruling that I talked about last
month will likely override any due process claims since greenhouse gas emissions
are deemed threats to public welfare.
There is also a
state’s rights issue since the bill says if a state’s codes fail to meet the
federal performance targets noted above, then the federal targets are then
imposed upon that state. Again it’s a tough constitutional argument since
Congress could regulate this under its “interstate commerce” powers. Also, as we
saw with the building code provisions of the last federal economic stimulus
package, Congress could instead dangle more money out there for states to
“voluntarily” follow their regulations than elected officials could afford to
refuse. Despite the rhetoric among some governors, they almost always take the
money.
As Congress
deals out its ACES and threatens to trump years worth of environmental
progression in the home building industry, some prospective is needed. Remember
that buildings are often cited as 40% of the greenhouse gas emissions “problem.”
However, new homes, built in the last ten years, only account for 2.5% of this
number and half of that is lost in the power grid and never makes it to the
home. This leaves an aging housing stock that constitutes that vast majority of
the problem. The only way to upgrade them is through market incentives such as
tax credits.
However, in
Congress’s infinite wisdom, the plan currently is to increase the cost of new
homes to the point that will keep most of us (especially poor law school
graduates) in these older existing homes instead of the more efficient ones we
are currently building. Also, keep in mind that a home’s greenhouse gas
emissions are a product of the power plant it is connected to. For example, you
could have the least efficient home you could think of connected to a nuclear
power plant and that home would use virtually no emissions since nuke plants
emit very low amounts of carbon emissions.
I wish I had a
better solution, but I think the best course of action is to make our voices
heard. Urge NAHB to get all hands on deck for this issue and make your
congressmen aware of the impact ACES will have now, while there is still plenty
of time to act.
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An EPA Double Play
Phil Crone
Director of Green Building Programs
HBA Staff
Nowadays, few things
really come as a surprise to me. Indeed these days when someone asks me what’s
coming next in the field of green building, I no longer look to products
magazines and cost benefit analysis. Instead one of the places to look,
heaven-forbid, is to the EPA. The first issue I’ll discuss is more global, but
will eventually have a major effect on every sector of the economy, including
ours. The next issue hits closer to home. Regarding each, my hope is that the
HBA can serve as a resource not only to inform you of what’s coming, but also to
provide you with the tools you need to enable your business to weather this
changing regulatory climate.
EPA: Greenhouse Gases Threaten Public
Health and Welfare
Many of you may have
heard about carbon cap and trade, essentially the creation of tradable benefits
that arise from the reduction or avoidance of greenhouse gas emissions. A common
way to create such an artificial market is to “cap” emissions at a certain
amount and gradually reduce it over time allowing entities that pollute less to
sell surplus credits to those that produce more. Europe has employed such a
system for several years with varying degrees of success.
In 2007, the United
States Supreme Court in Massachusetts v. EPA ruled, in 5-4 decision, that
greenhouse gases are pollutants and subject to Clean Air Act regulation. The
ruling required the EPA to decide whether global warming threatens human health,
and if so, to take steps to cut such emissions. Last week, the EPA indeed
determined that greenhouse gas emissions represent threats to public health and
welfare. The EPA has virtually ensured that greenhouse gases whether they come
from planes, trains, automobiles or single family homes can and will be
regulated as the words “health and welfare” are cornerstones of enabling
legislation (language that tells government what they can regulate) at the
federal, state and local levels.
The question that
remains to be seen is, who will regulate and how. With this ruling the EPA has
arguably put a big green gun to Congress’s head. Justifiably-so many on both
sides of the aisle in Congress have been reluctant to institute a cap-and-trade
system as it poses a real threat to the economy even in good times. However, if
Congress fails to act on regulation of carbon emissions, the EPA could take
matters into its own hands and regulate on its own under the Clean Air Act.
It’s too early to say
if Congress or the EPA will launch a full-blown eco-inquisition, bring us into
an era of green-McCarthyism, levy a carbon tax or create a new carbon market.
However, it is clear that this ruling is one of the most significant steps ever
taken by the EPA and will provide new challenges and perhaps opportunities in
the years ahead.
Big Changes Coming to ENERGY STAR
According to the EPA’s
latest numbers, about 37% of all Texas homes are ENERGY STAR certified, leading
the next six states combined. However, once the program’s new requirements
become effective in 2011, those numbers could drop significantly along with
participation in the associated rebate programs. In the links below, you will
find a presentation outlining the new requirements, which include:
Adjusted HERS Index
scores depending on home size (larger homes will be penalized significantly)
- Required room to room
pressure balancing tests (may require additional returns and may increase
inspection fees)
- Hot water
distribution: requiring manifold (PEX Home-Run) or demand system
- Showerheads rated
less than 2.0 g.p.m : outside of camping trailers or RVs there are not many
products on the market that meet this requirement. Note also that the EPA’s
WaterSense program has yet to issue a specification for showerheads.
-
More strict Thermal Bypass requirements (zero
tolerance for gaps, voids and compression in insulation). Also additional
advanced framing requirements and/or other methods to reduce thermal bridging
will be required.
In addition to this,
the REM/rate software that determines your HERS Index is currently under
development, but is likely to be based on the new 2009 IECC, which, in and of
itself, is about 12-15% more stringent than the current energy codes. In other
words, an E-Star home in 2011 could be roughly 30% above today’s existing codes,
plus the considerations noted above and in the presentation linked below.
None of these
provisions are set in stone yet, but as the new ENERGY STAR program takes shape
the HBA will be working with municipalities that have mandated the program as
well as its own Green Built Texas program to ensure that innovation, flexibly
and cost considerations are addressed.
Energy Star: The Road
Ahead Presentation:
http://www.resnet.us/conference/2009/presentations/Rashkin-Road_Ahead.pdf
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Are You Getting the Most Out of Your Membership?
Phil Crone
Director of Green Building Programs
HBA Staff
As the
spring buying season approaches, it’s time to start thinking about hedging your
bet to ensure you have maximized your sales prospects. If you are building Green
Built Texas homes, one of the ways you can do this is by enhancing your listing
on the program’s home registry.
The
home registry is one of the key marketing components of the GBT program. This
unique and valuable sales tool is a product of the program’s verification
process in that verifiers are required to upload homes at the pre-drywall stage
of construction to be listed online in the “under construction” portion of the
registry. Once final inspections are complete, the verifier moves the home to
the “completed” portion of the registry and a certificate of registration is
made available via the verification software for a builder to present to their
buyer at closing. Consumers are able to find GBNT projects online by builder,
city, state, zip code and stage of construction.
If you
participate in GBT, then the preceding paragraph is not news to you. However,
what you may not know is that hundreds of consumers visit the registry each
month looking for a green home. So how do you distinguish your home from the
2,000 others listed on the site?
Additional improvements to the registry have expanded capabilities by adding the
ability for builders to upload up to 3 photos, indicate specific homes that are
for sale and have web addresses devoted exclusively to their listings, which
will allow direct linkage to the registry from their sales sites. To access
their homes in the system, each builder is provided with a web address and login
credentials.
What’s in it for Associates?
Along
with a listing on the program’s Products and Services Directory, Associate
members of the HBA, who join GBT, have the option to enhance their exposure with
banner ads and tabletop displays at GBT events as Emerald Partners. All
partnerships have just increased in value significantly as the program moved
statewide to Green Built Texas.
Whether you
are a Builder or Associate, I strongly encourage you to make the most out of the
opportunities that the program presents to you. If you have any questions about
how to do this, visit GreenBuiltTexas.com and feel free to contact myself or
Becky Warner at 972-931-4840.
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The Newest 'Green Collar' Job: Residential
Builder
Phil Crone
Director of Green Building Programs
HBA Staff
Stimulus, spendulous, porkulous…whatever
you want to call it, the recently-passed package includes well over $100 billion
in energy efficiency or renewable energy initiatives. Also, I’m
still not quite sure what a “green collar” job is. I suppose I have one, but I
don’t see President Obama paying my law school loans off anytime soon. The best
definition I was able to find for “green collar” job comes from Wikipedia:
“green-collar worker is a worker who is employed in the environmental sectors of
the economy, or in the agricultural sector. Environmental green-collar workers
satisfy the demand for green development. Generally, they implement
environmentally conscious design, policy, and technology to improve conservation
and sustainability.”
With that definition in mind and,
after reading through the stimulus bill, I am convinced that “residential home
builder” will soon become a “green collar” job. First of all, buried deep in
the bill is a provision that offers states $3.4 billion in energy assistance
grants if they adopt and administer the 2009 International Energy Conservation
Code (IECC). This will undoubtedly fast-track adoption of this
recently-published code, which according to the U.S. Department
of Energy, is about 15% more stringent than its 2006 predecessor.
To put this in perspective, Texas
is currently required to follow the Texas Building Performance Standards, which
are currently aligned to the 2001 Supplement to the 2000 IECC. Several cities
are currently updating their codes to the 2006 IECC, which after tweaking by the
Texas A&M Energy Systems Lab, is a similar performance benchmark. However, the
15% increase that comes with the new 2009 code will essentially mandate ENERGY
STAR’s performance levels.
On a more positive note, the
stimulus includes unprecedented amounts of tax credits for the purchase of
certain products that will increase energy efficiency. This could finally focus
the momentum for green building policy on existing housing, where it belongs.
For products such as high-efficiency electric heat pumps, water heaters,
windows, and insulation a tax credit covering 30% of the purchase price or up to
$1,500 will be available to taxpayers seeking to upgrade their existing homes.
This bodes well for remodelers as it improves on the previous caps of 10% or
$500. The bottom line is that, according to NAHB, retrofitting existing homes
is four to eight times more carbon and cost efficient than adding further
energy-efficiency mandates to new housing.
HBA Past-President T.W. Bailey
has said for years that what today we call green building will soon be simply
referred to as building. Programs such as Green Built North Texas have done
plenty to validate his premonition, now the federal government will do the rest.
This does not mean the end of these programs, only that they will have to evolve
to stay just far enough ahead to distinguish the homes built above code, but do
so in a way that remains beneficial
to builders and marketable to consumers. This will also underscore the need for
local programs, who can respond more quickly to these changes than, for example,
the new NAHB National Green Building Standard, which is based on the soon to be
antiquated 2006 IECC.
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-January
2009-
Become a Part of Green Built
North Texas in 2009
Phil Crone
Director of Green Building Programs
HBA Staff
Enrollment in the HBA's Green Built North Texas program is now available for 2009. Last year, thanks to your commitment and the program’s new home verification and registration process, GBNT became one of the nation’s most dynamic and successful green building programs. These efforts earned the program National Green Building Program of the Year honors from NAHB in May, 2008, and brought it to an international stage at the Greenbuild Conference in Boston, where more than 25,000 from around the world attended.
Here locally, and perhaps very soon across the state, GBNT serves as an effective policy tool and is now the region's green building clearinghouse after forming alliances with the U.S. Green Building Council and NAHB that allow homes built to either of those national programs to also earn GBNT branding. The program's regional protocol serves as a compliance path for the city of Dallas's green building ordinance passed in April. The protocol is flexible enough to meet the needs of our diverse membership, but rigorous enough to meet the growing demand among Texas consumers for more efficient housing.
Why Join GBNT?
Despite recent downturns in the number of housing starts, demand for environmentally preferable, green, homes continues to grow both regionally and nationally. According to NAHB, the market for green built homes is still expected to double over the next five years. No place is this more true than right here in Texas, which built more than 40,000 ENERGY STAR homes in 2007, easily leading the nation and the next six leading states combined. Included in that number are the more than 1,500 homes built and verified by GBNT members last year.
Our tremendous progress with Green Built North Texas demonstrates how quickly we as an industry are able to diversify, respond to and even preempt market forces. This is why the HBA will continue to expand Green Built North Texas, the only green building program tailored specifically for the builders in this region's Mixed-Humid Climate. The program's cost-effective verification process not only offers quality control through independent third party verifiers, but also provides builders with the unique opportunity to list their homes on one of the nation's first interactive registries of green homes.
GBNT will soon expand the capabilities of its home registry by allowing active builder members to enhance their listings by adding photos of their homes, contact information for sales staffs, exclusive web pages listing only their homes and allowing them to indicate which homes are for sale. GBNT will continue to enhance this sales and marketing edge through its own marketing efforts to drive consumer traffic to the registry.
Associate members can choose from three distinct partnership levels with benefits proven to increase their company's exposure to builders and consumers leading to valuable new business. All partners are listed on the innovative online Products and Services Directory, which categorizes companies by their products and expertise.
The continued viability of GBNT and the unique marketing, education and advocacy advantages that it offers directly depends on your continued commitment, which is why I urge you to take advantage of this opportunity today.
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-December 2008-
It Was a Very Good Year
Phil Crone
Director of Green Building Programs
HBA Staff
In a year fraught with historical economic challenges, I know this is one many of us will be happy to forget. But before the calendar turns over, let us reflect on some of the extraordinary things we’ve accomplished. Specifically with green building, as our progress with Green Built North Texas demonstrates how quickly we as an industry are able to diversify, respond to and even preempt market forces.
Using the lessons we learned in the program’s first year we transformed GBNT from a small band of eco-conscious HBA members into one of the nation’s most dynamic and successful green building programs. These efforts earned the program National Green Building Program of the Year honors from NAHB in May and brought it to an international stage at the Greenbuild Conference in Boston where more than 25,000 from around the world attended.
Here locally, GBNT served as an effective policy tool and is now the region’s green building clearinghouse after forming alliances with the U.S. Green Building Council and NAHB that allow homes built to either of those national programs to also earn GBNT branding. The program’s regional protocol now serves as a compliance path for the City of Dallas’s green building ordinance passed in April. The protocol was revised at the beginning of the year giving it the flexibility to meet the needs of our diverse membership, while retaining the rigor necessary to satisfy the demands of policy makers.
Thanks to a dedicated group of about a dozen members, GBNT moved into the realm of multifamily building. The multifamily task force convened for the first time in May and soon produced a pilot program, which is still being tested on several projects throughout the area.
Perhaps the program’s biggest milestone was the development of its third party verification process, which paved the way for the introduction of the nation’s first interactive registry of green homes. By centering most of its inspections on the ENERGY STAR inspection process, which is followed in 37% of Texas homes, the program allows for the maximum amount of quality control and the lowest practicable cost. Eight months ago we really weren’t sure really sure how well this experiment would work.
As they say, the numbers don’t lie. As of mid-December we’ve registered more than 1,500 projects on GreenBuiltNorthTexas.com, provided new sales and marketing opportunities for participating builders and, most of all, furthered the mission of this association by enhancing the ability of our members to provide the region with greater access to quality homes that are healthy, efficient and affordable.
As we look ahead at the year to come and a new Presidential Administration, our industry will continue to grapple with demands for a more efficient housing stock as policy makers deal with global concerns such as the increasing scarcity of natural resources and the need curtail greenhouse gas emissions.
Fortunately, due to the tremendous foresight of the HBA’s leadership who saw the need to invest the resources needed to create a viable program, the association and its members now stand as the state’s (and one of the nation’s) leaders on green building.
The continued viability of GBNT will on its ability to stay ahead of the constant evolution in building codes, but do so in cost-effective and reasonable way that still provides measurable and verifiable benefits. Although this may be a daunting task, it is one that must be undertaken by the industry that stands to be most affected by these requirements.
I want to thank each and every member that contributed the time, talent and revenue without which this program and its accomplishments would not be possible. I personally have gained much from your extensive knowledge and experience as well as your collective willingness to achieve our common goal. With your continued investment in the program and the anticipated move towards a statewide initiative, I’m certain that the best is yet to come.
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-November 2008-
Green Diplomacy
Phil Crone
Director of Green Building Programs
HBA Staff
At the National Green Building Conference in May, most of the seminar focused on the pending completion of the process to mold the Model Green Home Building Guidelines published by NAHB in 2004 into a new National Green Building Standard.
Only a few months before, the U.S. Green Building Council (USGBC) who had been in the green building game since 1994, cutting its teeth primarily in the commercial sector, dropped the pilot label off its LEED (Leadership in Energy and Environmental Design) for Homes or LEED-H program. NAHB’s new ANSI (American National Standards Institute) approved, ICC (International Code Council) published juggernaut would soon be christened to wage war with LEED-H for hearts and minds of eco-conscious builders, consumers and policy makers.
Realizing the epic battle that was about to ensue, representatives from numerous state and local HBA programs across the nation were left scrambling for strategies to ensure their programs would not perish in the crossfire. These initiatives, tailor-made for builders in their climate zones, were largely responsible for taking green to the mainstream, producing more than 100,000 green homes before either national program came on the scene.
Here in Dallas, Green Built North Texas (GBNT) underwent rapid development in just over two years, establishing and refining its own construction protocol and verification process while successfully persuading cities to recognize an established program in favor of creating their own. The hard work and dedication of its members earned the program National Green Building Program of the Year honors at the national conference in May. Ironically though, it was during program’s finest hour when its leaders realized it was about to be stuck between the gun barrels of the two green building dreadnoughts.
With some swift maneuvering, GBNT quickly turned this challenge into an opportunity to draw out the commonalities among the DFW market’s three major residential green building programs by working cooperatively with both NAHB and the USGBC to educate building professionals, policy makers and homebuyers alike. While their specific strategies may differ, GBNT, NAHB Green and LEED-H each address essentially the same tenants of green building: site management, water efficiency, indoor air quality, energy efficiency, material usage and homeowner education, each requires quality assurance through independent third party verification and each offer a plethora of educational opportunities to their members. Each program offers a bona fide way to build a green home.
This made it an easy decision for the GBNT Board of Directors to allow homes that take the LEED-H and/or NAHB path to be eligible for listing on the program’s registry right along with the 1000+ homes built (or being built) to the GBNT protocol this year. In other words, pick which program works for you, follow it, and for a $30 registration fee, you’ll have the GBNT brand. This is being done through a memorandum of understanding recently signed by the HBA and USGBC and a new initiative started by NAHB that allows local programs to affiliate with them.
Such alliances not only further awareness and knowledge of the benefits of green homebuilding by focusing the resources of all three programs under one roof, they also establish GBNT as the region’s green building clearinghouse. Meanwhile, both national efforts benefit from a vibrant local program serving as a conduit for certification.
If we as an industry truly are to be the champions of market-driven green building, we must recognize the variety of established green building programs that together can meet the needs of our diverse membership. By combining the national resources offered by the USGBC and NAHB with our local expertise, we are best positioned to further our Association’s mission of promoting positive public policy and providing homeowners with greater access to quality homes that are healthy, efficient and affordable.
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-October 2008-
Green Building & The
Environment: Where the Candidates Stand
Phil Crone
Director of Green Building Programs
HBA Staff
Perhaps for the first time in history climate change and environmental policy
are pervasive issues in the presidential election. Much of the recent debate has
centered on the global financial crisis, but with rising energy and fuel prices
contributing to the problem, terms like “green-collar jobs” and “carbon cap
trading” have become part of each candidate’s vocabulary. A quick look at where
each candidate stands on environmental issues that will affect the home building
industry reveals several similarities and supports the conclusion that no matter
who is elected on November 4, green building and the environment will be salient
issues for years to come.
The issue summaries below each come from information posted on the candidates’
own websites. Visit GreenBuiltNorthTexas.com for links to
Senator Obama and
Senator McCain’s
environmental platforms.
BUILDING EFFICIENCY
Senator Obama proposed to weatherize at least one million low-income homes each
year for the next decade, which can reduce energy bills by 20-40 percent and
reduce usage across the economy, moderating energy prices for all. He puts
specific emphasis on providing financial assistance to insulate low-income
consumers from the increasing cost of heating oil.
Obama also subscribes to the 2030 Challenge, an initiative that started in the
design professional community and has become a trendy endorsement for U.S.
mayors. The 2030 Challenge establishes the goal of making all new buildings
carbon neutral, or produce zero emissions, by 2030. Obama promises to establish
a national goal of improving new building efficiency by 50 percent and existing
building efficiency by 25 percent over the next decade to help us meet the 2030
goal.
The Lexington project, Senator McCain’s comprehensive energy policy proposals,
centers around the federal government’s own practices. According to McCain’s
website, “the U.S. government is the largest electricity consumer on earth and
occupies 3.3 billion square feet of space worldwide. It provides an enormous
opportunity to lead by example. By applying a higher efficiency standard to new
buildings leased or purchased or retrofitting existing buildings, we can save
taxpayers substantial money in energy costs, and move the construction market in
the direction of green technology.”
UTILITIES AND ELECTRIC GRID
Senator Obama proposes to require states to provide technical assistance and
incentives for utilities to reduce usage. He aims to encourage this through a
policy of “regulatory equity” centered on decoupling utility profits from
increased energy usage. This would be similar to the templates created by the
Public Utility Commission of Texas, which have led many utilities such as Oncor
to implement successful energy conservation measures in order to reduce peak
energy demand and to avoid the high cost and regulatory hurdles of building new
power plants.
Senator McCain focuses on upgrading our national grid to meet new demands such
as capacity to charge electric cars and accommodation of SmartMeter
technologies. SmartMeters provide consumers with a more exact picture of their
home or business’s energy consumption, which encourages a more efficient use of
power. This summer Oncor rolled out a proposal to spend $690 million to roll out
3 million of these new meters by the year 2012.
RENEWABLE ENERGY
Senator Obama’s goal is for at least 30 percent of the federal government’s
energy to come from renewable sources by the year 2020. By 2025, he wants to
require 25 percent of the electricity consumed by the nation be derived from
“clean, sustainable energy sources, like solar, wind and geothermal.”
Senator McCain also wants to encourage the use of alternative energy resources.
He cites figures from the Department of Energy that claim wind energy could
provide as much as one-fifth of our electricity by 2030 and the continued growth
of the solar industry as reasons to establish a permanent, “even-handed” system
of tax credits to further foster the development of these emerging fields.
While the underlying philosophies on how to get there may differ, both wish to
lead our nation towards energy independence. Indeed it seems very likely that
the winning candidate will be known as the Green President. Perhaps it’s the old
adage that the times make the man, since market forces have placed the green
movement squarely in the center of the policy arena. Nevertheless, our industry
must continue to discover innovative and cost effective ways to build even more
green than we do today as the underlying market and policy forces will define
the way we build for years, even generations, to come.
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-September 2008-
Green Built North Texas
Mid-Year Report
Phil Crone
Director of Green Building Programs
HBA Staff
It is easy to state both cliché’s and doomsday scenarios when discussing green
building. But when you get past the warm fuzzy’s and earth science the subject
of resource-efficient construction is serious business. Not only are consumers
aware of it but the codes are reflecting it and public policy is demanding it.
Four years ago when the HBA began incorporating green building into its
organizational structure the goal was to create a program that gives builders
guidance individually and empowers the industry collectively while maneuvering
through the public discourse. If honors and recognitions are used as the
measuring stick, then perhaps Green Built North Texas (GNBT) being named the
NAHB’s National Green Building Program and being recognized as an approved
method of green building in the City of Dallas’ far reaching ordinance indicates
some level of success in meeting the original goals.
But since green building and its many facets are so pervasive in the today’s
news, public discussions, and consumer preferences it is imperative that the
GBNT program keep setting goals and looking forward for the betterment of the
membership. By taking a quick review of the most recent agenda for the GBNT
Board of Directors meeting I think you’ll agree that new goals for GBNT are, in
fact, being set higher and that the good work of the Association is in action to
represent the common interests of its membership.
Item 1 Home Registry Update: Board members were briefed on the progress to
establish a searchable online registry of homes being built to the GBNT
Protocol. The registry is directly aimed at consumers seeking to find both
“Under Construction” and “Completed” homes built to the GBNT protocol. The
registry went live to the public last week and all members are encouraged to go
to www.greenbuiltnorthtexas.com to examine this one-of-a-kind home listing.
Item 2 Multifamily Construction Protocol: The Board deliberated a final draft
green building construction protocol for multifamily projects. Ultimately
approved as a “Pilot Program” and therefore subject to further review and
refinement, the Board’s action paves the way for multifamily builders to carry
the GBNT brand and take advantage of the registry among other benefits.
Item 3 Verifier Guidelines: Third party verification is now a requirement of the
GBNT program. In order to ensure that builders are working with knowledgeable
building professionals, the GBNT Board established criteria for verifiers. The
minimum professional requirements for becoming a verifier (such as being an
architect or engineer) will be accompanied by training requirement thereby
creating a network of highly qualified verifying companies that share common
thoughts and understanding of the GBNT program.
Item 4 Upper Levels of the GBNT Protocol: Since its early inception, and up
through its most recent revision, the GBNT construction protocol has been
regarded as a “base” level for green building construction. The challenge now is
to establish additional levels for the program to keep ahead of regulatory
mandates and building code changes. Having these upper levels keep the program
relevant and provides the market separations needed in today’s competitive
housing market.
Item 5 Bylaws Amendment: The GBNT Board is comprised of eight builder members
and five associate members. Because of increasing participation from volume
builders and the implementation of a new multifamily protocol, the GBNT Board
voted to amend its bylaws in order to reserve three Board positions on for
representation from volume builders (two seats) and a multifamily builder (one
seat).
Item 6 Cooperative Agreement with the United States Green Building Council (USGBC):
The GBNT Board debated the merits of entering into a “Memorandum of
Understanding” (MOU) with the USGBC. The MOU was approved by the GBNT Board
thereby adding a new dimension to the GBNT program and new opportunities for
education, marketing and special events.
As stated, the actions taken by the GBNT Board of Directors at the recent
meeting outlined above clearly demonstrate that this dynamic program is setting
its goals high to meet the needs of the HBA membership in this very serious and
challenging housing market. If you have any questions or comments about the
recent actions taken by the GBNT Board or about any other aspect of the program
contact HBA staff.
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-July 2008-
Making Sense Out of
WaterSense
-EPA Proposes Whole-House Certification
Under New Water Conservation Label
Phil Crone
Director of Green Building Programs
HBA Staff
The U.S. Environmental Protection Agency (EPA) issued a draft specification for
whole-house certification under its WaterSense brand. Similar to ENERGY STAR,
WaterSense began as a label for products such as showerheads and faucets, but is
now poised to become a third party verified certification offered for the entire
home and a major player in the policy arena as jurisdictions look to water
conservation measures.
According to the EPA, by meeting criteria in indoor and outdoor water use, along
with homeowner education, WaterSense homes are designed to be about 20 percent
more water efficient. Indeed, at first glance the prescriptive list of
requirements seems pretty straight forward, but as is usually the case, the
devil is in the details.
The indoor water use requirements include above-code bathroom faucets, an ENERGY
STAR dishwasher, WaterSense toilets rated at 1.28 gpf, clearing 350 grams of
waste and showers limited to 2.5 gpm per stall. This means that the flow rate of
all bodysprays and jets combined must not exceed 2.5 gpm, unless the floor area
of the stall is more than 208 square feet. This is an attempt to accommodate
higher-end luxury bathrooms. Also, homes are required to maintain a static
service pressure of 60psi; however, this may not be feasible if the city’s water
pressure is lower than this requirement.
Moving outside, things get even more complicated. A builder has two options when
it comes to landscape design, (1) ensure that the amount of turf does not exceed
40% of the landscapable area or (2) develop a water budget using the
evapotranspiration (ET) limit on the landscapable area. The first option, and
the only one that does not require a math degree, is a “one-size-fits-all”
approach that does not account for the water-saving benefits of drought-tolerant
turf. The way this is currently written, one could comply with the turf
limitation and still install tropical species in the planting areas. Also, it is
unclear what is included in the “landscapable area.”
In addition, there will be no koi ponds or fountains, since ornamental water
fixtures are prohibited from WaterSense homes. It is not clear whether fixtures
such as fountains or waterfalls will be allowed if they are part of a pool
design.
The outdoor irrigation items are pretty straightforward as they address system
controllers, sprinkler heads and seasonal watering schedules. However, the
system must be designed and installed by a WaterSense Irrigation Partner.
According to the EPA’s website, there are only about 10 of these professionals
that service residential construction in the DFW area. Despite the fact that
there are many more licensed professionals fully qualified and capable of
installing these systems to the program’s specifications, WaterSense limits
installation in our area to these individuals.
Due to the increasing influence that this program will have, especially here in
Texas, it is important that the aforementioned issues are addressed during the
public comment period, which ends Sept. 4. Hopefully, the EPA will also consider
supplementing its prescriptive list with performance-based software that renders
a percentage above code rating similar to ENERGY STAR. The proposed guidelines
can be found at GreenBuiltNorthTexas.com/GreenVineNewsColumn and submit them
either directly to the EPA or to me for inclusion in the HBA’s official
comments.
Link to Proposed EPA Specifications:
http://www.epa.gov/watersense/specs/homes.htm
Back to Top
-June 2008-
The Legal Considerations of
Green Advertising
Phil Crone
Director of Green Building Programs
HBA Staff
Since the column goes legal this time, it’s only appropriate to start it out
with a disclaimer. While I hope to cover a few ways that the law addresses green
marketing and advertising, it’s important to note that I’m not a lawyer, (I just
play one at SMU for the cost of $23,000/year) so nothing in here should be taken
as legal gospel. Always speak with qualified legal counsel if you have questions
related to your compliance with the federal and state laws that this column
talks about. Fortunately for HBA members, one of your greatest benefits of
membership is that the construction law experts at The Bush Firm are just a
phone call away.
These days it seems like everyone is advertising that they have gone green or
that their product can make a home thirty, fifty or even seventy-percent more
energy efficient. So, install three or four of these products and you should
have a zero energy home, right? Obviously not, but this illustrates the slippery
slope of environmental marketing claims.
At the Federal level, environmental marketing claims are subject to the Federal
Trade Commission Act (FTC). The FTC is authorized by Congress to bring law
enforcement actions against false or misleading marketing claims. Claims can be
brought either by the Commission itself or a citizen can bring a complaint to
the Commission’s attention. When the Commission springs into action, it has the
ability to seek fines, injunctive relief or even order a violator to do
corrective advertising. It has done so on ads ranging from funeral home prices
to the amount of milk contained in cheese.
Even in residential construction, marketing claims in Texas fall far from the
civilized administrative world of the TRCC and instead reside in the legal Wild
West that is the Texas Deceptive Trade Practices – Consumer Protection Act (DTPA).
The DTPA is our state’s iteration of the Federal Trade Commission Act (FTC that
offers a much wider range of claims and remedies for consumers. The DTPA
provides for both public enforcement and private remedies. Public enforcement is
done by the Texas Attorney General, who can seek a court order prohibiting
further deceptive practices, similar to the FTC. Unlike the FTC, a private
citizen may seek redress for damages caused by certain specific acts and
practices listed in the DTPA.
These specific acts appear in Section 17.46(b) of the Texas Business and
Commerce Code, often referred to as the “laundry list,” and include things such
as representing that goods or services have sponsorship, benefits or quantities
that they do not have or advertising that goods or services are of a particular
standard or quality that they actually are not. One can see how this could apply
to green advertising claims. For example, saying that a home improves indoor air
quality by 50 percent – is a claim that is very hard to substantiate or stating
that a product will reduce your heating and cooling bills by $60/month may not
hold true depending on the homeowner’s living habits.
Running afoul of the DTPA can result in a wide variety of consumer claims,
especially since the act has very broad definitions as to who is a consumer and
what is considered trade or commerce. Consumers may be entitled to actual
economic damages (how much money they lost by justifiably relying on the
deceptive advertisement). If the court finds that the deception was done
“knowingly” or “intentionally,” the injured consumer may be able to tack on
attorney’s fees and court costs. As extra punishment, treble damages, which can
be up to three times the amount of the economic damages, may also be sought.
All of this can really add up, which is why taking just a few steps to avoid
consumer confusion and inflated expectations makes the most sense. Ask yourself,
what message does the advertising actually convey to consumers? The FTC and the
DTPA interpret claims from the consumer’s prospective. Make sure that there is a
reasonable basis to your claim. Is there testing or scientific evidence to
support it? If a manufacturer has made a claim about a product you installed on
your home, you could pass it along with the words, “according to” instead of
making it yourself.
Along with substantiating your claim, make sure it is specific. The claim needs
to be clear and understandable – this will also make your advertising effective.
Specific claims are easier to substantiate than more general ones and therefore
are less likely to be deceptive. A general environmental claim may lead the
consumer to believe that a product has more benefits than it actually does.
Finally, make sure to temper consumer expectations in your contract. The
homeowner’s lifestyle may defeat your best efforts to build an energy efficient
home and their asthmatic child may still have asthma even though the home is
designed to improve indoor air quality. You may want your contract to address
these types of things. However, you should also look at the advertising claims
that led your consumer in the door. Courts probably will not look kindly on
those who offer enticing claims only to sweep them under the rug when it comes
time to sign the contract.
There are many more legal issues that affect green building, which is why all
members are strongly encouraged to attend the Risk Management for Green Builders
class at the HBA on August 25. This proactive seminar, conducted by Russell
Daniels of The Bush Firm, will equip you with the knowledge you need to avoid
being caught up in this emerging legal field.
FTC: Part 260 --
GUIDES FOR THE USE OF ENVIRONMENTAL MARKETING CLAIMS
FTC
Publication: Complying with the Environmental Marketing Guides
The Bush Firm
4025 Woodland Park Blvd.; Suite #190
Arlington, Texas 76013
Phone: (817) 274-5992
Fax: (817) 261-1671
Back to Top
-May 2008-
The True Global Impact of
Residential Construction
Phil Crone
Director of Green Building Programs
HBA Staff
These days it’s all too common to hear environmentalists talk about the perils
of global warming or “climate change” as some now call it. Indeed we are now
inundated with images of glaciers crashing into the sea and polar bears clumsily
falling through the ice. Whether or not you are a fan of polar bears or a
believer in global warming, the reality is that these concerns have quickly
traveled south from the arctic and into a city hall near you.
So what impact do the homes we build really have on these global concerns?
According to a recent study conducted by NAHB using data compiled by the Energy
Information Administration (EIA), the statistical agency housed within the U.S.
Department of Energy, not as much as some would think.
The study analyzed the amount of electricity demanded by residential homes,
which roughly translates into the amount of greenhouse gases they are
responsible for, and then compared this to the demands of the commercial,
industrial and transportation sectors. The conclusion was that residential
buildings accounted for about 21% of the nation’s total energy usage in 2001.
However, newer homes built within the last few years, 1991 to 2001 in this case,
only accounted for 2.5% of the total U.S. energy consumption in 2001, and half
of that energy was lost in the grid before it even reached the home.
This clearly shows that advancements in building codes along with the technology
and techniques by which we now build our homes have greatly reduced our
industry’s effect on the environment. Put another way, even if every American
home built from 1991 to 2001 was a zero energy home; the nation’s total energy
consumption would only drop by 2.5%.
When global or local environmental concerns do come to a city near you, these
numbers can be used as an effective policy tool. Jurisdictions must take the
utmost care not to increase the cost of housing and leave citizens with no
choice but to remain in older homes that, on average, use two-thirds more energy
than those built in the last decade. Effective policy also means that incentives
are needed to address strategies to upgrade the efficiency of these older homes.
Our industry will continue building more efficient homes than ever before and is
ready, willing and able to be part of the solution by upgrading the efficiency
of older homes. With some help from our local leaders and even activists, both
we and the polar bears can continue to make solid strides in the right
direction.
To read the full NAHB study called Residential Greenhouse Gas Emissions,
click here.
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-April 2008-
Green Built North Texas: It's the Law
Phil Crone
Director of Green Building Programs
HBA Staff
With a unanimous vote from the city council on April 9, the City of Dallas adopted a green building ordinance that aims to reduce water and energy consumption in new homes and commercial buildings constructed in the city. As part of phase 2 of the ordinance, effective in 2011, single and multifamily builders must choose between the Leadership in Energy and Environmental Design (LEED) standard or Green Built North Texas (GBNT).
While most in the industry believe, and the numbers clearly indicate, that green building is a market driven phenomenon that is growing exponentially without mandates, the fact that GBNT is part of the ordinance bodes well for local builders. Thanks to years of development and input from local builders and building science experts, GBNT has tailored its Construction Protocol and third-party verification process specifically for builders in our region’s Mixed-Humid climate. The result is a program that is rigorous enough to meet the demands of city leaders, but its flexibility allows builders to construct a GBNT home at any price point.
In hopes of avoiding a patchwork of different green building regulations around the region, the HBA urged Dallas council members to continue their discussion of green building policy at the North Central Texas Council of Governments (COG). The regional nature of GBNT will allow any North Texas city, seeking their own mandate, a feasible alternative to creating a new green building program or adopting other programs that are more difficult to comply with.
Unlike other cities in this area, Dallas should be commended for uniformly applying its green building regulations to both commercial and residential construction. In the coming months, members and staff will continue to contribute to Dallas’s green building task force, which is charged with helping the city implement these new regulations. Green Built North Texas will soon complete development on a multifamily construction protocol that will also serve as a path to compliance in 2011.
Green building mandates will be an inevitable part of the industry’s future. However, thanks to an effective local green building program, North Texas builders will have a feasible option that will help our region remain one of the best places to build and buy a home in America.
Click
here for More information about the new Dallas ordinance including the ordinance itself, HBA comments, and a press release.
Back to Top
-March 2008-
Green Light for DFW Housing Market
Phil Crone
Director of Green Building Programs
HBA Staff
Despite the negative national news bombarding the airwaves about the state of the housing sector, North Texas remains one of the nation’s strongest markets due to our region’s strong economy, price stability and affordability. In fact, one of the reasons I moved here from the East Coast was the realization that DFW was one of the only metropolitan areas where someone my age could even think of affording a home anytime soon after college.
A silver lining in all the negative headlines and hoopla is that interest rates have been driven down to historic lows. Couple that with the above reasons and it becomes easy to see why we live in the best place to build and buy a home in America right now. If you don’t believe me, visit DFWHousingFacts.org.
It logically follows, and the numbers support, that now is also an outstanding time to think about building green. Even in a national marketplace that continues to run cool as builders work down their unsold inventories, green building and remodeling remain one sector where demand is riding much higher than the available supply. NAHB still forecasts that the market for green building will be on the high side of McGraw-Hill Construction’s forecast that green building will become a $20-60 billon dollar industry by 2010 (up from just $2 billion in 2005).
Demand from consumers for green building and remodeling is also being spurred on by another common national headline, the ever-increasing price of energy. Every green homebuyer surveyed by McGraw-Hill identified lower utility and operating costs as an incentive for purchasing a green home. Homebuyers are also willing to pay more for a home with certain green features, according to an NAHB article; about $17,000, to be exact, over an average-costing $292,000 home.
Luckily for North Texas homeowners, HBA builders can offer a green built home at just about any price-point, thanks to the easy-to-follow Green Built North Texas Construction Protocol and its new independent, third party verification process. The Protocol identifies strategies aimed at delivering a bona fide high-performance home in this region’s Mixed-Humid climate. While the Protocol is one of the more stringent sets of local green building guidelines in the nation, it is flexible in that it identifies and allows builder to choose from a variety of green building strategies to achieve its performance goals. The best part: no complicated scoring system, no math, just a simple roadmap to building a green built home.
With the recent introduction of third party verification and the ability to place your project on one of the nation’s first interactive registries of green built homes, now is an excellent time to consider making a long-term strategic decision to go green. There is no better market to do it than right here in North Texas.
For more information about how to build, verify and register a Green Built North Texas home,
click
here. If you are a Home Energy Rater and/or Engineering Company interested in becoming a Green Built North Texas Verifier, contact the HBA, ext. 112.
Big Attendance at First GBNT General
Membership Meeting of 2008
Members of the HBA of Greater Dallas and the Fort Worth Builders Association packed the Grapevine Convention Center on March 17 for the year’s first Green Built North Texas General Membership Meeting. More than 120 attendees were given a summary of the GBNT Protocol by Chairman Dan Fette, CGB, and received an overview of the program’s mandatory home verification and registration process. GBNT will hold three more General Membership Meetings and several more installments of its Green Vine Lecture Series throughout the year.
Click
here to view entire slideshow.
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-February 2008-
TCEQ Implements Phase II MS4s and Makes
Significant
Changes to General Permit
Phil Crone
Director of Green Building Programs
HBA Staff
The Texas Commission on Environmental Quality (TCEQ) has begun to implement what is known as “Phase II” for storm water control, which will now require National Pollution Discharge Elimination System (NPDES) permits from communities that have a population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Previously, Phase I covered communities of 100,000 or less. With increased scrutiny placed upon a new class of communities, builders will likely begin to see increased enforcement of storm water regulations by cities seeking to comply with new state mandates.
Additionally, on February 13, the TCEQ approved a proposal to renew the Construction General Permit, TPDES Permit No. TXR150000, which authorizes discharges from construction sites into surface water in the state. Significant changes from the existing general permit include combining the NOI fee into the Water Quality Annual Fee for the duration of the permit. The combined fee for a paper NOI is $325, due when the NOI is submitted. The commission is attempting to encourage electronic submission by charging a fee of $225 for utilizing an electronic NOI.
The renewed general permit will be effective beginning March 5. Existing permitted construction sites that are required to submit an NOI will be required to submit an NOI for continued coverage no later than 90 days from the effective date of the general permit (June 3).
For more information about this issue click here
or contact Paul Cauduro at 972-931-4840.
Green Built North Texas to Introduce Third Party Verification Process
Pending board approval, Green Built North Texas will soon require third party verification of compliance with its Construction Protocol in order for a home to be recognized by the program. This process will provide builders with the quality assurance that their homes qualify to carry the Green Built North Texas brand and will allow the program to recognize these homes on an interactive online home registry, similar to an MLS listing, which is currently under development and will be the mainstay of the program’s website.
The move towards third party verification will make Green Built North Texas one of the only HBA-run green building programs in the nation to require verification for all levels of their program. Moreover, the program would be the first to offer an interactive online home registry of verified green homes to consumers in its market.
The key to the success of the process will be the ability to provide inspections and compliance testing on each and every home while not imposing an undue financial or administrative burden upon participating builders. To strike this balance, the verification process is designed so that the verifier can provide the highest number of inspections with the least amount of trips to the home. This can be achieved because ENERGY STAR, which is already a program requirement, mandates inspections for energy performance at both the pre-drywall and final stages of the construction process; stages when most of the other program requirements can be verified as well.
Implementation of the Green Built North Texas verification and home registration process will begin initially as a pilot program. Beginning the process this way will allow the program to receive valuable feedback from builders and verifiers, which will refine the Protocol and the verification process using information gathered from the field.
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-January 2008-
2008 Enrollment in Green Built North Texas is Now
Available
Phil Crone
Director of Green Building Programs
HBA Staff
Enrollment in the HBA’s Green Built North Texas program is now available for the year 2008. Last year the commitment of the program’s 105+ members allowed the program to mature significantly and reach significant milestones in its first full year of existence. Noteworthy achievements include the region’s first Green Built Parade of
HomesTM, numerous Association Excellence Awards, increased builder participation, and program’s distinction as the Association Accomplishment of the Year by the Texas Association of Builders. In addition, the program’s members received numerous honors ranging from Congressional Commendations to honors from the North Central Texas Council of Government, the Texas Commission on Environmental Quality, and the National Association of Home Builders.
Why Join Green Built North
Texas?
Despite recent downturns in the number of housing starts, demand for environmentally preferable, green, homes continues to grow both regionally and nationally. According to NAHB, the value of the residential green building market will grow from $7.4 billion or 2% of housing starts in 2005 to at least $60 billion or 10% of housing starts just two years from now. No place is this more true than right here in Texas, which built over 60,000 ENERGY STAR homes in 2006, easily leading the nation and the next three leading states combined.
This is why the HBA established and will continue to expand Green Built North Texas, the only green building program tailored specifically for the builders in this region’s Mixed-Humid Climate. The program’s Base Construction Protocol provides strategies for builders to distinguish their homes by conforming to high standards of site management and waste reduction, water efficiency, indoor air quality, energy efficiency, materials, and homeowner education. The protocol is flexible in that it allows builders to choose construction strategies that meet their business plan, but rigorous in that it results in a higher-performance, lower-impact home.
Last year, educational seminars related to green building, including the new Green Vine Lecture Series, were among the best-attended events at the Association. These events, aimed at increasing member knowledge of the latest green building techniques and technologies will continue to be a mainstay of the program this year.
Throughout the year, Green Built North Texas will continue to increase familiarity of the program and its members among both consumers and local government entities. To that end, the program has set an ambitious goal of establishing and maintaining a comprehensive online Home Registry that will list all certified homes built (and being built) by members to its Construction Protocol. The registry will be a mainstay of the program’s newly-redesigned website (GreenBuiltNorthTexas.com) and will be at the center of an aggressive marketing campaign aimed at increasing consumer awareness of builders constructing Green Built North Texas homes in their area.
Associate members will be listed in the program’s new Products and Services Directory that will allow both builders and consumers to view member listings categorized by the products and expertise they provide. This year the program will have enhanced levels of membership for Associates who wish to partner major events and have increased exposure in the form of banner ads on the program’s website, which already receives thousands of hits each month.
In addition, the program will tailor NAHB’s National Green Building Standard to our climate zone as a higher level of green building achievement that will allow builders to advance their building product to meet both consumer desires and their own business plan.
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