EFFECTIVE DATE: December 14, 2015
SUBJECT: REQUIRING ALL PUBLIC BUILDINGS, OWNED AND CONTROLLED BY SALT LAKE CITY CORPORATION, TO BE BUILT OR RENOVATED USING THE U.S. GREEN BUILDING COUNCIL LEADERSHIP IN ENERGY AND ENVIRONMENT DESIGN (LEED) STANDARDS
DISTRIBUTION: ALL DEPARTMENTS
Background:
On January 19, 2006, an Executive Order was executed requiring all public buildings, owned and controlled by Salt Lake City Corporation to be built or renovated using the U.S. Green Building Council Leadership in Energy and Environment Design (LEED) standards at the “Silver” level. Subsequently, an ordinance was passed with this same requirement. Certification at the LEED “Gold” level, at a minimum, would best promote the goals of the Executive Order. Accordingly, the January 19, 2006 Executive Order is amended to read as follows:
Introduction: ‘What is LEED?’
The Leadership in Energy and Environmental Design (LEED) Green Building Rating System is a voluntary, consensus-based, market-driven, high performance building rating system developed by the U.S. Green Building Council (“USGBC”). It was created to provide a national standard for healthy environmental and energy efficient design of buildings. The USGBC is a 700+ membership organization of architects, builders, manufacturers, developers, and federal, state, and local governments. Salt Lake City (the “City”) became a member of the USGBC in October of 2003.
The LEED rating system is based on existing, proven technology and evaluates environmental performance from a “whole building” perspective. Building projects using LEED seek to achieve a level of Certified, Silver, Gold, or Platinum, based on implementation of a range of activities and achievement of point credits within the following categories: Sustainable Sites (26 total points achievable), Energy and Atmosphere (35 points), Water Efficiency (12 points), Materials and Resources (14 points), and Indoor Environmental Quality (15 points). An additional 6 points could be awarded for Innovation and the Design Process. Award levels are based on the number of points achieved:
LEED Certified: 40-49 points
LEED Silver: 50-59 points
LEED Gold: 60-79 points
LEED Platinum: 80 or more points
LEED certification at any level can increase the initial cost of building from an estimated 1-10% or greater, but can also be accomplished with no additional cost. Over the long-term, LEED certified design saves significant amounts in energy and maintenance costs.
Various stakeholders worked with the City extensively to review the LEED guidelines. The stakeholder group included architects, planners, environmental consultants, professors, political leaders, energy experts, health officials, and City staff members. LEED is widely accepted as the standard for high performance building among these groups. Professionals in our region are familiar with the LEED process and look to the USGBC to maintain the dynamic nature of this process. LEED also provides national recognition for local projects.
Purpose:
The City has determined that building cost-efficient, high performance buildings is in the best interest of the City. The purpose of this Executive Order, therefore, is to adhere to cost-efficient building practices to the extent practicable.
Requirement:
It is the requirement of this Executive Order that, in order to obtain the benefit of reduced operating and maintenance costs and other building efficiencies, as well as cost-saving healthy environmental practices, the City will endeavor to apply the LEED guidelines to City construction to the extent practicable, and will design and construct facilities that will qualify for a LEED rating of at least a “Gold” level. Because LEED certification can provide significant savings beyond any initial incremental construction cost increase, the City finds that endeavoring to achieve LEED certification is in the best interest of the City.
1. LEED Will Promote Overall Economy and Best Use For the Purposes Intended:
Salt Lake City Code Section 3.24.080 requires that the City “promote overall economy and best use for the purposes intended . . . .” Salt Lake City Code § 3.24.080(C). Available data support that it is in the City’s best economic interest to adhere to at least the LEED guidelines for “Gold” certification.
2. Other Cost Savings City Projects Support Adhering to LEED
By way of analogy, the City’s annual cost savings as a result of converting interior and exterior light fixtures and bulbs to more energy efficient models at the City and County Building supports adhering to the LEED guidelines. The City’s estimated annual savings for implementing these changes is $33,367.25 (of which $12,402 is reinvested in wind power).
Another example is the City’s new Public Safety Building – it has applied to be LEED Platinum, and energy efficiency upgrades will have an estimated 3-5 year payback period.
3. The Overall Picture
Implementing LEED guidelines can increase initial construction costs, but data indicates that the return over time can significantly exceed the initial investment. By endeavoring to apply LEED guidelines, the City is promoting the overall economy and best use for the purposes intended, which is consistent with Section 3.24.080 of the Salt Lake City Code. See id. Accordingly, to the extent explained herein, this Executive Order encourages compliance with the LEED guidelines as set forth by the USGBC, and as may be subsequently revised.
Application:
This Executive Order applies to the following construction projects when the project’s design contract is first solicited after the date of this Order, except as exempted or waived under this Order:
All new construction to construct buildings owned and controlled by the City that are larger than 10,000 square feet.
All major renovations of buildings owned and controlled by the City that are larger than 10,000 square feet when the building has a remaining useful life in excess of fifteen years. The term “major renovation” means a construction project affecting more than 25% of the building’s square footage.
Exemptions:
This Executive Order will not apply to the following, and City departments will document the reason for the exemption:
Any improvement that is not a building.
Buildings that will not be occupied, or that serve specialized functions (including pump stations, garages, storage buildings, equipment areas, etc.)
Projects where the useful life of an improvement or other factors do not justify whatever additional expense would be incurred to increase a building’s long-term efficiency.
Projects where the application of LEED factors will increase construction costs beyond the City’s funding capacity for the project.
Projects where the use of LEED factors will create an impediment to construction due to conflicts of laws, building code requirements, federal or state grant funding requirements, or other similar requirements.
Projects where LEED factors are not attainable due to the nature of the facilities or the schedule for construction.
In addition to the exemptions stated above, particular LEED factors shall not prevail over any prohibition in Title 18 of the Salt Lake City Code.
The documentation for any of the above exemptions shall be maintained in the project file of the Department with a copy to the Mayor.
Waivers:
The requirements of this Executive Order may be waived or modified by the Mayor, with the advice of a City Procurement Official, as defined by Section 3.24.030 of the Salt Lake City Code.
Implementation:
Implementation of this Executive Order shall be subject to Chapters 3.24 (Procurement) and 3.25 (City Contracts) of the Salt Lake City Code.