Next year, design for the construction of new federal buildings will have to meet stricter energy efficiency standards.  The Department of Energy (DOE) also is reworking a rule that phases out the use of power from fossil fuel sources for new and renovated federal buildings.  This phase-out provision has sparked some controversy in Congress, where some would like to strike-out the phase-out while retaining energy performance goals.  A bill of that nature may be attached to a more comprehensive energy efficiency bill that is making its way through the Senate in time for debate this fall.

Does the Tool Really Work? The U.S. Environmental Protection Agency (EPA) has released a National Stormwater Calculator that reportedly can determine the predevelopment hydrology for any location in the United States.  According to EPA, the tool can also evaluate how different green infrastructure technologies may help to manage or prevent runoff at a particular site.  But what do you think? AGC wants your feedback – can this new EPA tool really do all of these things?

By a vote of 265-155 the House on July 24, 2013 passed HR 2218, Coal Residuals Reuse and Management Act of 2013, which prevents the Environmental Protection Agency (EPA) from designating fly ash and other coal ash residuals from being classified as a hazardous waste. The legislation, introduced by Rep. David McKinley (R-W.Va.), establishes a regulatory structure for coal ash that would be controlled by states with little EPA oversight.

Next week, the U.S. House is expected to vote on a piece of legislation that could safeguard the use of fly ash and other coal combustion residuals (CCRs) in construction.  AGC supports H.R. 2218, the Coal Residuals Reuse and Management Act of 2013, which would establish reasonable disposal requirements that protect human health and the environment.

By Richard W. Goeken* The U.S. Supreme Court has ruled on the scope of demands a regulatory agency may place on a property owner seeking a building permit to develop a plot of land. The recent decision in Koontz v. St. Johns River Water Management District recognizes that developers have a constitutional basis to fight permitting officials that attempt to hold up project approvals until onerous and unrelated conditions are met.

AGC testified at a U.S. Environmental Agency (EPA) public hearing on June 26, 2013, regarding EPA’s ongoing evaluation into whether and how to regulate renovation, repair and painting (RRP) activities in all public and commercial buildings that purportedly have lead-based paint. 

On July 2, the U.S. Green Building Council (USGBC) announced the results of the member ballot for the newest version of its Leadership in Energy and Environmental Design (LEED) rating system for green buildings.  With 67 percent of the overall vote needed to pass the changes, LEEDv4 received 86 percent if the membership’s vote.  USGBC will launch LEED v4 this fall at its annual conference, Greenbuild, in November 2013.

AGC recently submitted comments to the U.S. Environmental Protection Agency (EPA) in support of the agency’s proposed rule to withdraw the nationwide numeric discharge limit from the existing 2009 Construction and Development Effluent Limitations Guidelines rule (C&D ELG). The proposal would also revise some of the C&D ELG’s non-numeric or Best Management Practice (BMP) requirements and clearly define the term “infeasible,” as it relates to implementation of the BMP-control requirements. In its letter to EPA, AGC affirmed that the proposal is a major step forward and welcome resolution to the litigation on this rule.

AGC held its second Contractors Environmental Conference on June 13-14, 2013, in the Washington, D.C. area.  Approximately 80 participants and more than a dozen government agency representatives participated in the event that focused on providing the tools to lead in compliance and sustainability.

Green Globes®, used for the environmental assessment and certification of commercial buildings, has recently undergone revisions.  The Green Building Initiative (GBI), the administrator of the program in the U.S., announced the availability of an updated version of Green Globes for New Construction (NC), which is also used for major renovations. The recent changes to Green Globes NC are based on an ANSI standard, ANSI/GBI 01-2010: Green Building Assessment Protocol for Commercial Buildings. GBI intends this update to improve technical rigor and enhance ease of use.