EQSC Hears Testimony on Green Buildings

Members of the Environmental Quality Service Council (EQSC) heard testimony on a variety of topics including including green buildings, the Indiana Energy Code and geothermal energy.

Please find below testimony presented by Bill Brown on behalf of the Indiana Chapter of AIA and the Indiana Chapter of the US Green Building Council. Others testifying included Fred Gray with Green Way Supply, Tim Maloney with the Hoosier Environmental Council, Tony Cooper with Water Furnace as well as several students with the DePauw University Environmental Policy Project. Testimony was also presented by the Indiana Association of Counties, the Indiana Association of Cities and Towns, the Indiana Builders Asociation as well as Hoosier Energy and Randy Stair with Stair Associates.

Rep. Dave Wolkins also distributed a report from the National Center for Policy Analysis by Todd Myers entitled, "Green Schools Don't Make the Grade". See http://www.ncpa.org/pub/ba/ba622/

Testimony before the Environmental Quality Service Council (EQSC)
September 16, 2008
William M. Brown, AIA, LEED AP

Mr. Chairman, Members of the Council, my name is Bill Brown and I am an architect representing the American Institute of Architects, Indiana Chapter and U.S. Green Building Council, Indiana Chapter. Both organizations support the Governor’s Executive Order No. 08-14, entitled "Energy Efficient State Building Initiative” and we are prepared to support legislation that moves the state towards more sustainable buildings and communities.

Sustainable building initiatives using the U.S. Green Building Council’s LEED benchmark, including legislation, executive orders, resolutions, ordinances, policies, and incentives are found in 44 states, including 159 localities (105 cities, 29 counties, and 25 towns), 31 state governments, 12 federal agencies or departments, 15 public school jurisdictions and 38 institutions of higher education across the United States.

Since Indiana has not updated its energy code, new public buildings may be built to the lowest energy standards in the country and all Hoosier taxpayers pay for that mistake as long as those buildings stand. Any initial savings are erased after a year or two of paying the utility bills and then it is all downhill from there. With energy costs predicted to rise significantly in coming years, this mistake will be become increasingly more apparent.

What the Governor’s executive order mandates that we turn that around and make a sound investment up front that pays increasing dividends for the life of the building. Green buildings have an average return on investment of 25 to 40 percent and the typical payback for the extra initial investment is 3-5 years and falling rapidly (Kats Group). Compare that dividend to other investments the state might make on behalf of taxpayers today. A major cost study by The Langdon Group, Cost of Green Revisited: Reexamining the Feasibility and Cost Impact of Sustainable Design in the Light of Increased Market Adoption showed that there is now “no significant difference in average cost for green buildings as compared to non-green buildings.“

Another study by New Buildings Institute of 1,300 LEED certified and Energy Star buildings showed that new buildings certified under the U.S. Green Building Council’s (USGBC) LEED certification system are, on average, performing 25 to 30% better than non-LEED certified buildings in terms of energy use. Gold and Platinum LEED certified buildings have average energy savings approaching 50%.

Under construction now in Indiana are over 125 projects seeking LEED certification totaling over $1 billion in construction cost. These projects range from affordable housing to the new Midfield Terminal. They include new construction, interior remodels, major renovations, factories, warehouses, office buildings and taxpayer-funded public facilities.

Ten buildings have been certified in Indiana at all levels from Certified to Platinum, including five state-funded projects. Leading architects, engineers, contractors and suppliers have learned how to use the system in a manner that is cost effective and economical.

Buildings account for 39% of the total energy use and nearly 70% of the electricity in the United States. Buildings also account for 12% of water use, 30% of greenhouse gas emissions, and 65% of waste output.

Certified green buildings go beyond energy savings, however. A study of certified green buildings by Capital E revealed average energy savings of 30%, carbon savings of 35%, water savings of 30 to 50% and waste cost savings of 50 to 90%.

Sustainable building design incorporates features that reduce overall infrastructure costs for cities, counties and the state by encouraging smarter site selection, reduced water, storm water and sewer needs and less landfill space. Sustainable building rating systems encourage preservation of open space for local agriculture.

Examples:
Five blocks from where you sit is the first LEED certified building in Indianapolis, the headquarters of i.d.o. Incorporated, at 601 North Capitol Avenue. This remodel of an existing building cost a total of $325,000. According to the owner’s records, their additional investment for high performance LEED Silver elements of the building cost an extra $5,850 or 1.8% of the total cost. Their annual return on that investment was 9% for the first year for electricity cost savings alone and that savings is expected to grow as energy costs grow, for the life of the building.

Their return on investment for energy savings are just the beginning. The improvements in comfort, indoor air quality, daylight and view in a certified green building have demonstrated employee productivity gains of 5% to 15% in various studies. Other documented dividends from the investment in green buildings include lower absenteeism, higher employee retention, faster student learning, lower health insurance costs and easier recruiting of new hires.

Improved employee health and productivity are primary reasons why 12 Federal agencies require a LEED Silver or equivalent certification for all major building projects. In the private sector, developers of office buildings have found gains in employee productivity, health and retention to be a driving factor in the exponential growth in the number of LEED certified commercial buildings. McGraw Hill Construction Research predicted that by 2009, 82% of the nation’s 500 largest corporations will have certified at least 16% of their real estate portfolios. It’s time for the state of Indiana to catch this wave.

Chrisney Branch Library, under construction in Spencer County, will be the state’s first net-zero-energy public building. It bid under budget for $140 per square foot. Using a highly efficient building envelope, daylighting, geothermal heating and cooling and an 8.9kW solar photovoltaic array, this public building is designed to have virtually no operating costs and it will be immune to future energy cost increases for the next thirty years. Why aren’t all public buildings built that way?

Existing buildings can also be renovated green with outstanding financial and environmental benefits. Adobe software’s massive office complex recently achieved the highest level LEED Platinum certification for existing buildings. They spent $1.4 million on improvements and received $389,000 in rebates and incentives from their local utility company. They realize $1.2 million in annual savings, a 9.5 month payback and a 121% return on their investment. What if the State of Indiana did that with some of their existing buildings?

I think we can all agree that Indiana public buildings could use some improvement with respect to energy efficiency and sustainability. With any successful improvement process, there is a need for benchmarks, for clear indicators of success. The Governor’s Executive Order and HB1280 contain benchmarks for success. Energy Star is an almost universally accepted benchmark for energy efficiency created by the Department of Energy. USGBC’s LEED rating system incorporates Energy Star and is a more comprehensive benchmark that includes site, water, materials and indoor air quality measures as well. We urge you to tie any legislation for change to a specific benchmark to measure success and avoid charges of greenwashing. The most widely accepted and most comprehensive such benchmark is the LEED rating system, but we also support giving implementers a range of other recognized third-party verification systems.

In closing, on behalf of the American Institute of Architects Indiana Chapter and the U.S. Green Building Council Indiana Chapter, I ask for your support of this important legislation to invest in sustainable buildings for the benefit of all current and future Indiana taxpayers and all those people who will live, learn and work in state buildings. The two organizations I represent will be happy to offer their member’s expertise in further refining legislation that is simple, effective, fair and affordable. I appreciate the opportunity to address you and I will be happy to respond to any questions.

Additional resources:
http://www.aia.org/
http://www.usgbc.org/

Others testifying in favor of Green Buildings.

Fred Gray with Green Way Supply.

Indiana General Assembly Adjourns Sine Die Without RES

The 2008 session of the Indiana General Assembly adjourned on Friday, March 14 without enacting a state Renewable Electricity Standard or RES for Indiana electric utilities. Yup, that makes three years in a row that our state legislators were not able to bring us in line with more than half of the other states in the United States that have already adopted an RES.

The last time I wrote about this subject for this blog I described the initial conference committee report offered by Rep. Russ Stilwell for HB 1117. During the final days of the session alternative conference committee report was circulated on behalf of Sen. Brandt Hershman. Most observers believe that Sen. Hershman’s proposal reflected the position of Ed Simcox and the Indiana Energy Association. See www.indianaenergy.org.

The RES portion of this conference committee report was as follows:

Each electricity supplier shall supply electricity that is generated from, or otherwise qualifies as, a renewable energy resource or an advanced energy resource to Indiana customers as a percentage of the total electricity supplied by the electricity supplier to Indiana customers a follows:

2% by 2011 (as compared to 2% by 2010);
4% by 2015 (as compared to 5%);
6% by 2020 (as compared to 8%); and
10% by 2025 (as compared to 12%).

Ok so not as good as the proposal offered by Rep. Stilwell but it was still a start you might think. Yes, but the real debate was over other issues in the bill such as “trackers”.

HB 1280 addressing energy efficient buildings was enacted during the 2008 session, however, it was basically stripped of its original content and was turned into a study committee topic assigned to the Environmental Quality Service Council or EQSC. After a rather lively and lengthy debate --for the short session--, in the Senate Energy & Environmental Affairs Committee chaired by Sen. Beverly Gard (R-Greenfield), HB 1280 was amended to become merely a study committee topic. Sen. Gard did indicate a willingness to amend the bill in Conference Committee and to allow the parties to the discussion to continue negotiations. So HB 1280 was passed by the Senate and then House author Rep. Matt Pierce (D-Bloomington) dissented on the bill to allow it to be considered in Conference Committee. A Conference Committee hearing was held during the last week of the session; however, a resolution of differences was not reached. During the waning hours of the session, Rep. Pierce withdrew his dissent motion and thereby allowing the House to vote on a concurrence motion to agree with the changes made to the bill in the Senate.

Those interested in learning more about EQSC and its activities during the 2007 interim should visit-- http://www.in.gov/legislative/interim/committee/eqsc.html

Senate Conferees Named for HB 1280

Yesterday (03/03/08) the Senate appointed Conference Committee Conferees for HB 1280 on energy efficient buildings as follows:

Senate conferees appointed: Sens. Hershman and Simpson
Senate advisors appointed: Sens. Gard and Breaux

Indiana General Assembly Enters the "Twilight Zone"; HB 1117 and HB 1280 Conferees Named

We are now moving into the final two weeks of the 2008 session of the Indiana General Assembly. State legislators at this stage of the game only address bills that have already passed both the House and the Senate. Conference Committees are appointed to work out the differences between the versions or the variations of the proposed legislation.

Quite frankly, I refer to this period of the session addressing Conference Committees as the "Twilight Zone".

Wikipedia says this: "The Twilight Zone is an American television anthology series created (and often written) by its narrator and host Rod Serling. Each episode (156 in the original series) is a self-contained fantasy, science fiction, or horror story, often concluding with an eerie or unexpected twist."

It's the eerie or unexpected twist I guess that causes me to think of Conference Committees as sometimes taking place in the "Twilight Zone". Anything can and does happen during this part of the session. Just remember that this episode of the bizarre fantasy known as the 2008 session of the Indiana General Assembly will conclude March 14th! Of course, there is the possibility that Governor Mitch Daniels will call state legislators back to the State House for a Special Session, however, that is not likely unless they fail to act on property tax relief.

HB 1117 addresses a variety of coal issues including coal gasification. Sen. Hershman added an amendment in the Senate that establishes a weak renewable electricity standard.

For more information see these recent articles:
from the Speedway Navigator http://www.speedwaynavigator.net/V3I1/a24.html
and from the South Bend Tribune http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20080223/BIZ/802230442.

Renewable energy advocates will want to watch HB 1117 closely during conference and to communicate with conferees, advisors and their own state legislators to urge that the renewable electricity standard language be strengthened in the bill.

The conferees and advisors appointed for HB 1117 last week (02/28/08) are as follows:

House conferees appointed: Reps. Stilwell and Koch
House advisors appointed: Reps. Battles and Lutz
Representative Grubb appointed as House advisor
Senate conferees appointed: Sens. Hershman and Lewis
Senate advisors appointed: Sens. Wyss and R. Young

HB 1280 as introduced set out procedures for energy efficient buildings. In the Senate Energy and Environmental Affairs Committee, the bill was amended to require the Environmental Quality Service Council (EQSC) to study whether public entities should be required or encouraged to seek to achieve energy and environmental design ratings in the construction and renovation of buildings and structures. Sen. Gard, Chairman of the Senate Energy and Environmental Affairs Committee, agreed to allow HB 1280 to go to a conference committee to allow parties an opportunity to continue to work on compromise language to address concerns expressed by the Indiana hardwood lumber industry.

Thus far, only House conferees and advisors for HB 1280 have been appointed as follows:

House conferees appointed: Reps. Pierce and Wolkins
House advisors appointed: Reps. Austin and Friend

Stay tuned for the next episode of the "Twilight Zone"!

RES in HB 1117 Moves to Third Reading in Senate; HB 1280 Heard but No Action Until Wednesday

HB 1117 with the Renewable Electricity Standard (RES) language added in the Senate Utilities & Regulatory Affairs Committee hearing last week was handed down on second reading today on the Senate floor without further amendments. HB 1117 is now eligible for third reading or final passage in the Senate.

Testimony was taken this morning on HB 1280 addressing energy efficient public buildings, however, action on the bill has been deferred until Wednesday (02/20/08) at 5:00 pm. The Senate Energy and Environmental Affairs Committee received testimony on the bill and it is anticipated that amendments will be considered when the committee meets again.

The bill requires a building or structure constructed, reconstructed, repaired, altered, or retrofitted under public works contracts entered into after 12/31/08, be designed with the goal of achieving the silver rating under the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system, the Green Globes Two Globes level, or an equivalent standard under an equivalent rating system that is accredited by the American National Standards Institute. The public works provisions apply to any state public work, a public work by a state agency, and state institutions. The project must have a value of more than $1 million and does not apply to structures listed or eligible for listing on the National Register of Historic Places or structures designed solely to store commodities or other property, such as a highway salt barn. It provides that the certificaton requirement does not apply to a public works contract entered into by a school corporation.

Following an explanation of the bill by House author Rep. Matt Pierce (D-Bloomington) the following individuals offered testimony in support of HB 1280: Bill Brown, Indiana Green Building Council; Andrew Berger, Association of Indiana Counties; Fred Mills, Indianapolis Power & Light; David Pilbrow, Indiana Friends Committee; Tim Maloney, Hoosier Environmental Council; Mac Williams, Architect; Janet McCabe, Improving Kids Environment; Paul Chase, Citizens Action Coalition; Lynn Dennis, the Nature Conservancy; Laura Arnold, Indiana Renewable Energy Association; and Carey Hamilton, Hoosier Sierra Club, Save the Dunes Council and the Izaak Walton League of America.

Opposition to the bill was lead by Ray Moistner, Executive Director of the Indiana Hardwood Lumberman's Association (www.ihla.org) Jack Siefert, Director of the Division of Forestry with the Indiana Department of Natural Resources was asked by Committee Chair Senator Beverly Gard (R-Greenfield) to provide clarifying testimony concerning classified woodlands and cetification standards for Indiana hardwood products. Several other speakers representing the Indiana lumber industry expressed concerns with the proposed bill. Vince Griffin representing the Indiana Chamber of Commerce and Gretchen White representing the Indiana Builders Association both spoke against the mandate the bill proposes. Kevin Green representing Purdue University said Purdue is not opposed to green building efforts and stated "we are making voluntary efforts" now but would prefer removing the words "university shall".

HB 1280 to Require Energy Efficient Buildings Scheduled for Committee Hearing on Feb. 18 at 10 AM

AGENDA FOR: Senate Energy and Environmental Affairs

MEETING: Monday, February 18, 10:00 AM, Room # 233 State House, Indianapolis

CHAIR: Senator Gard

MEMBERS:
Riegsecker R.M., Bray, Dillon, Drozda, Hershman, Miller,
Hume R.M.M., Errington, Lanane, Tallian

AGENDA:
HB 1185 Indoor air quality
HB 1280 Energy efficient buildings

See previous posts for details and information on how to e-mail committee members.

HB 1280, HB 1090 & HB 1117 Await Hearings in Senate--REVISED

The 2008 session of the Indiana General Assembly passed the mid-point last week. State legislation introduced in the Indiana House that passed third reading now moves to the Indiana Senate. House bills must now receive a Senate committee hearing within the next three weeks and third reading by the end of February. The pace of the session will increase as state lawmakers approach their March 14th deadline for adjournment.

HB 1117 addresses coal gasification and substitute natural gas as well as creating a 10% state income tax credits for wind and anaerobic digesters. The Senate sponsors are Sen. Brendt Hershamn (R-Monticello) and Sen. Richard Young (D-Milltown). HB 1117 has been assigned to the Senate Utilities & Regulatory Affairs Committee.

HB 1090 requires the state of Indiana to become a member of and participate in the climate registry concerning greenhouse gas emissions reporting and reduction. The Senate Sponsor is Sen. Beverly Gard (R-Greenfield) and this bill has also been assigned to the Senate Utilities & Regulatory Affairs Committee.

Please convey your support for HB 1117 and HB 1090 to the members of the Senate Utilities & Regulatory Affairs Committee listed below:

• Sen. Brandt Hershman (R-Monticello), CHAIRMAN
  s7@in.gov
  Counties: Carroll, Clinton, Howard, Jasper, Tippecanoe, White
  
• Sen. Ryan Douglas Mishler (R-Bremen), RANKING MEMBER
  s9@in.gov
  Counties: Elkhart, Kosciusko, Marshall, St. Joseph
  
• Sen. Edward E. Charbonneau (R-Valporaiso)
  s5@in.gov
  Counties: Jasper, LaPorte, Marshall, Porter, Pulaski, St. Joseph, Starke
  
• Sen. Beverly J. Gard (R-Greenfield)
  s28@in.gov
  Counties: Hamilton, Hancock, Henry
  
• Sen. Dennis K. Kruse (R-Auburn)
  s14@in.gov
  Counties: Allen, DeKalb, Steuben
  
• Sen. Sue Landske (R-Cedar Lake)
  s6@in.gov
  Counties: Benton, Lake, Newton, Porter
  
• Sen. James W. Merritt, Jr. (R-Indianapolis)
  s31@in.gov
  Counties: Marion
  
• Sen. Sue Errington (D-Muncie), RANKING MINORITY MEMBER
  s26@in.gov
  Counties: Delaware, Madison
  
• Sen. Jean D. Breaux (D-Indianapolis)
  s34@in.gov
  Counties: Marion
  
• Sen. Earline S. Rogers (D-Gary)
  s3@in.gov
  Counties: Lake
  
• Sen. Karen Tallian (D-Portage)
  s4@in.gov
  Counties: Lake, Porter

HB 1280 addressing energy efficient buildings is sponsored by Sen. Brendt Hershman (R-Monticello), Sen. Vi Simpson (D-Bloomington) and Sen. Jean Breaux (D-Indianapolis). HB 1280 has been assigned to the Senate Energy and Environmental Affairs Committee.

• Sen. Beverly J. Gard (R-Greenfield), CHAIRMAN
  s28@in.gov
  Counties: Hamilton, Hancock, Henry
  
• Sen. Marvin D. Riegsecker (R-Goshen), RANKING MEMBER
  s12@in.gov
  Counties: Elkhart
  
• Sen. Richard Bray (R-Martinsville)
  s37@in.gov
  Counties: Clay, Johnson, Monroe, Morgan, Owen, Putnam
• Sen. Gary P. Dillion, MD (R-Columbia City)
  s17@in.gov
  Counties: Allen, Grant, Huntington, Kosciusko, Wabash, Whitley
  
• Sen. Jeff Drozda (R-Westfield)
  s21@in.gov
  Counties: Boone, Hamilton, Howard, Tipton
• Sen. Brandt Hershman (R-Monticello)
  s7@in.gov
  Counties: Carroll, Clinton, Howard, Jasper, Tippecanoe, White
  
• Sen. Patricia L. Miller (R-Indianapolis)s32@in.govCounties: Johnson, Marion

• Sen. Lindell Hume (D-Princeton)
  s48@in.gov
  Counties: Daviess, Dubois, Gibson, Greene, Knox, Martin, Orange, Pike
  
• Sen. Sue Errington (D-Muncie)
  s26@in.gov
  Counties: Delaware, Madison
  
• Sen. Tim Lanane (D-Anderson)
  s25@in.gov
  Counties: Madison
  
• Sen. Karen Tallian (D-Portage)
  s4@in.gov
  Counties: Lake, Porter

What this blog for when a committee hearing is scheduled on these two bills.

To find out who represents you at the State House, please click the link Who's Your Legislator?

HB 1280 to Require Energy Efficient Buildings Passes House by 51 to 44

Rep. Matt Pierce (D-Bloomington) introduced HB 1280 to maximize energy efficiency in buildings, to save taxpayers money and to make the state more energy independent. Debate on third reading at the microphone at 5:30 pm as it approached the dinner hour for most Hoosiers was limited. After Rep. Pierce briefly explained the bill, Rep. Sean Eberhart (R-Shelbyville) and Rep. William Friend (R-Macy) spoke against the bill stating that Indiana hardwood lumber would be harmed by HB 1280. Rep. Pierce responded to their opposition by pointing out that the bill allowed both LEEDS and Green Globes as an option for building construction. Rep. Pierce explained that using locally available materials such as Indiana hardwood lumber would accumulate points under the system.

DIGEST OF HB 1280 ENERGY EFFICIENT BUILDINGS. Requires a building or structure constructed, reconstructed, repaired, altered, or retrofitted under certain public works contracts entered into after December 31, 2008, to be designed with the goal of achieving the silver rating under the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) rating system, the Green Globes Two Globes level, or an equivalent standard under an equivalent rating system that is accredited by the American National Standards Institute. Provides that the certification requirement does not apply to a public works contract entered into by a school corporation. Provides that for state agency purchases, there is a 5% price preference for certain office equipment that is compliant with the United States Environmental Protection Agency Energy Star ratings. Allows the Indiana economic development corporation to adopt rules allowing the corporation to give priority to economic development projects that meet or surpass the standards of the leadership in energy and environmental design ratings systems developed by the U.S. Green Building Council or the Green Building Initiative.

Rep. Pierce will be speaking at the Indiana Building Green Symposium 2008
January 31 - February 01, 2008 - Indianapolis, Indiana.
See www.indianabuildinggreen.org.

See how your state legislator voted on HB 1280 at
http://www.in.gov/legislative/bills/2008/PDF/Hrollcal/0147.PDF.pdf