LEED is under Attack

leed-certified             YOU CAN HELP!  Please call one or ALL of the following legislatures before the end of the day and say: "I oppose HB 1067".  That's it.  It's that simple.  Five minutes should do it.  This bill is getting discussed this Monday which is why we want to act today. What you are opposing is a bill that would prevent buildings from using LEED as a green building rating system.
  1.  Rep. Erich Ponti (R-East Baton Rouge), Chair, House Commerce Cmtee: (225)362-5301 / pontie@legis.la.gov
  2. Rep. Thomas Carmody (R-Shreveport): (318) 862-9956 / carmodyt@legis.la.gov
  3. Rep. Hunter Greene (R-Baton Rouge): (225) 362-5900 / larep066@legis.la.gov
  4. Rep. Kenneth Havard (R-Jackson): (225) 634-7470 / havardk@legis.la.gov
  5. Rep. Charles Kleckley (R-Calcasieu Parish), Speaker: (337) 475-3016 / larep036@legis.la.gov
An anti-LEED bill was introduced a couple weeks ago in Baton Rouge (it includes language from both the timber and chemical lobbies).  We thought we’d bottled it up and wouldn’t have to bother anyone, but it was re-referred back to an active committee thanks to renewed pressure from the American Chemistry Council, and we’ve learned it may come up for a hearing as early as next week.  We’re working closely with USGBC-Louisiana to coordinate opposition outreach in any and all forms.  Any outreach you could do with your network in Louisiana regarding this bill would be very beneficial. Special thanks to the Urban Conservancy, Stay Local, and the USGBC for leading this charge!
  1. A.    What Does HB 1067 Do?
    1. 1.     The bill amends the Louisiana Building Code and directs the agency, the office of facility planning and control, that oversees the LA Building Code to treat all forestry product certification programs the same. This means American Tree Farmer, Sustainable Forest Initiative, and the Forest Stewardship Council must be treated equally state building projects.
    2. 2.     It bars the agency from adopting any rules that restrict or discourages the specification or use of materials that help with energy efficiency, water conservation, raw materials, or structural integrity, or building performance.
    3. 3.     It bars the use of any building rating system that restricts or discourages the specification or use of materials that help with energy efficiency, water conservation, raw materials, or structural integrity, or building performance.
    4. 4.     It bars the use of any building rating system that does NOT treat or recognize the American Tree Farmer, Sustainable Forest Initiative, and the Forest Stewardship Council certified products equally.
    5. 5.     It bars the incorporation of foreign regulatory schemes, such as the EU’s REACH regulations, or using a green building rating system that references a foreign regulatory scheme.
  1. B.    What Does It All Mean?
    1. The bill does not explicitly ban the use of LEED. It lays out requirements that the office of facility planning and control must meet.
    2. Those requirements that the office of facility planning and control must meet would EXCLUDE LEED from being considered, due to the preference for FSC products in the rating system.
    3. Also, the office of facility planning and control cannot use a building rating system that favors or discourages certain products over another through a point award system.
    4. Lastly, it prohibits the office of facility planning and control from using LEED because it references a foreign (i.e. REACH) regulatory scheme to achieve a voluntary materials credits
    5. This language is not unique. We saw similar language in Alabama and Kentucky.
  1. C.   The Chemical Industry Involvement in Development of LEED v.4
    1. LEED v4 development involved the consultation and feedback from all corners of the green building world. There were 6 rounds of public comment and 22,000 comments were submitted.
    2. The one voluntary credit that the American Chemistry Council (ACC) has issue with is MRC 4.
    3. A series of meetings with the ACC helped to incorporate that industry’s own framework for leadership in optimizing a safe and healthy supply chain of chemistry products.
    4. There are 3 compliance pathways to achieve MRC4, 2 of those pathways were developed in consultation with ACC.

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