The U.S. Green Building Council’s LEED® has recently released the newest in its line of guidebooks. LEED (Leadership in Energy and Environmental Design) is the foremost authority in green building construction, conservation and sustainability.

Then new guide book is entitled “Green Office Guide: Integrating LEED Into Your Leasing Process” It is a comprehensive guide on how to incorporate green building techniques into the landlord / tenant contractual relationship.

Previously LEED has published guidebooks covering green new construction, renovations and other construction areas. This is the first time they have ventured into the lease contract. This guidebook can be very beneficial for those landlords who want to require tenants uphold green standard when occupying a property.

Katie Rothenberg, of the Green Building Council comments on the guidebook: “It is written to provide critical background content as well as functional tools (including lease language and site selection checklists) that can be used throughout the transaction.”

So if you are a tenant, whether it be your home or business, or a landlord and sustainable, renewable, green practices are what you are looking for then this guide book can be found at the Council’s website.

It’s official: New Orleans has the winning bid for Superbowl 2013.

The announcement came just weeks ago when the NFL owners agreed to provide the Crescent City with its 10th Superbowl, and represents a huge step forward for the city rebuilding after Hurricane Katrina.

The Superbowl award, however, brings more to South Louisiana than excitement. The state and individual municipalities are already laying the groundwork for public projects to properly usher in the country’s biggest event – an example of which is embedded directly into the city’s Superbowl bid, whereby state leaders pledged a pre-game $85 million investment into the Superdome.

Perhaps the high-profile event will be an additional opportunity for Louisiana to build green – especially in light of 2009 state legislation designed to attract green technology and start-ups to the state. Stay tuned.

Governor Bobby Jindal signed two Green Building bills into law this July 2009.

The first, Act 348, authorizes the creation of sustainable energy financing districts and was authored by Senator Nick Gautreaux. The second, ACT 520, authorizes a tax credit for certain green job industries, and was authored by Representative Walt Leger.

The two acts provide green building contractors and businesses, and the purchasers of those products and services, some of the most beneficial tax incentives in the nation. The new laws also help Louisiana hold its ground in the national green building boom.

Act 348 – Gautreaux (LA R.S. 33:130.790 – 793)

The digest of Act 348 only scratches the surface for the green building opportunities created by this act. Here is the official summary for the Act:

Authorizes creation of sustainable energy financing districts by local governmental subdivisions and provides for issuance of bonds and property assessment programs for solar and energy efficiency projects.

The effect of this act, in plain english, is to allow local governments and subdivisions to incur debt for the purposes of providing these “energy financing districts” with necessary funds to cover the cost of energy efficiency improvements or renewable energy improvements.

These loans are made directly by the district to the home or property owner, and can be paid back over a twenty year period. Property owners can even make arrangements to pay back loans through its payment of annual property taxes.

On July 7, 2009, Governor Bobby Jindal caused Act 348 to become law. Time will tell whether local government subdivisions will take advantage of the new law and start offering loans to homeowners and property owners who are interested in making green building improvements to their properties.

If these loans become available, and used, it could lead to an enormous amount of green building projects throughout Louisiana. Read the full text of Act 348

Act 520 – Leger (La R.S. 47:6035)

According to the New Orleans’ Times Picayune article on Act 520, the tax credit system created by this proposal is similar to the tax credits offered to filmmakers in Louisiana. State Representative Walt Leger hopes to lure green businesses to Louisiana through the same trick that helped coin New Orleans’ “Broadway South.”

The tax credits are explained in the Times Picayune Article as follows:

Working on a tiered system that offers 10 percent to 25 percent, based on how much companies spend, the tax credit applies to the start-up costs of a new green business as well as to the payroll of each new green job…As defined in the bill, green jobs and industries can include a wide range of potential businesses, including renewable energy services, green building and construction, weatherization, energy rating, biofuels, energy-efficient transportation, deconstruction and green product manufacturers.

The potential reach of the new legislation – known as the Louisiana Green Jobs Initiative – is wide.

With the post-Katrina construction silver lining, the injection of stimulus cash, and the national (and local) green building boom…Louisiana’s Green Market may be in for a perfect storm in 2009 and 2010.

Read full text of Act 520.

Last week, the New Orleans’ Times Picayune ran an article about a green housing program being launched this month in Mandeville, Louisiana, providing more evidence that “green building” efforts in Louisiana are growing.

According to the article, Mandeville is the third Louisiana community to participate in the “EnviRenew” program from the Salvation Army, with the first and second communities being Broadmoor and Riverview.

On their website, EnviRenew defines its mission as follows:

Envirenew, is a comprehensive strategy for community renewal. It is doing the most good in our neighborhoods and for the future of our city.

The program will build 20-25 homes in the Mandeville area, with each costing approximately $200,000, and each qualifying for LEED certification. It will be an excellent opportunity for contracts with green experience to work on LEED projects, and for inexperienced green builders to participate on a project undergoing the certification process.

As the green building movement gains momentum in Louisiana, and across the nation, many have debated whether going LEED (or just going green) is worth the increased project costs.

While it certainly won’t put an end to the debate, a recent announcement out of Seattle-based Starbucks is interesting. The coffee giant (with recent financial woes) announced the opening of a new LEED location in Seattle’s Pike Place Market, and very aggressive goals to get LEED certifications across the country, at its headquarters, and even at its roasting facilities.

What does this mean for green building in Louisiana?

It’s really too soon to say, but here are some possibilities:

(1) Louisiana Starbucks locations may be among those getting LEED certification in the next few years;

(2) The move may influence other retail chains to build green;

(3) The committmenet from such a retail giant adds to the nation’s and Louisiana’s general green momentum.

It will be interesting to watch…but once again, as the demand for green building products and services increases, so will the supply. From the supply perspective (architects, contractors, etc.), it’s important to ensure that your company is providing the services it promises, and protects itself from energy performance milestones that may be out of their control.

An article in New Orleans’ City Business Magazine this week reports that “green” jobs in Louisiana have grown in the past decade.

The data – taken from a report that analyzed the growth of clean energy jobs across the nation – demonstrated that Louisiana’s growth in the green sector has been average. The City Business story noted that “Louisiana had the 24th most clean-energy businesses an the 22nd most green jobs.”

Remember that previously on the Louisiana Green Law blog, we asked whether the Green Building Boom was finally arriving in Louisiana. It’s no secret that since Hurricane Katrina, rebuilding the Big Easy “green” has been all the buzz.

As the City Business blog notes, even the New York Times recognizes that Louisiana is in the hunt for money in the green economy, although missing venture capital funding and a lot of the deep pockets that exist in California and along the West Coast.

However…as with all my discussions about green opportunities, it’s important for capitalizing businesses to be cautious of the risks [see blog category: Green Building Risks].

Is your business’ green advertising really greenwashing?

If your product or service doesn’t increase energy performance, or doesn’t qualify for the anticipated LEED credit or other green credit, will your company be exposed to litigation and damages?

Unfortunately these days, there are more questions than answers. It’s prudent to consult with an attorney if your company is experimenting in the green industry. It’s a huge sector with lots of opportunity, but it’s worth analyzing the risks, and protecting your investments.

Scott Wolfe Jr., founding member of Wolfe Law Group and contributor to the Louisiana Green Building Law blog, is now a LEED AP (LEED Accredited Professional).

Scott passed the LEED AP exam on Friday, April 10th.

The US Green Building Council describes the LEED AP rating on its website as follows:

LEED Professional Accreditation distinguishes building professionals with the knowledge and skills to successfully steward the LEED certification process. LEED Accredited Professionals (LEED APs) have demonstrated a thorough understanding of green building practices and principles and the LEED Rating System.

Scott is one of 212 LEED APs listed in the Directory under Louisiana, and will be the first Louisiana AP listed in the Legal category.

On March 26, 2009, in Portland, The Green Building Initiative (GBI) and the American Institute of Architects (AIA) joined forces and each of its leaders signed a memorandum of understanding.

In a co-press release from the two organizations, they state that the memo pledges “to work together to promote the design and construction of energy efficient and environmentally responsible buildings.”

Ward Hubbell, President of GBI expressed his excitement about the venture:

We look forward to continuing our work with them (AIA) towards our shared goal of achieving widespread acceptance of sustainable design and construction practices.

Chris McEntee, Executive Vice President and CEO of the AIA, boldly stated that they “look forward to working with the GBI on our common goal of reaching carbon neutral buildings by 2030.”

The high points of the agreement are:

- Through education and training, promote design of energy-efficient, healthier and environmentally responsible buildings;

- Research green buildings to see what the outcomes are related to economic and environmental performance;

What does this mean for Louisiana green building projects?

We’re not entirely sure yet, but hopefully partnerships like this will spur on other organizations to step up their commitment to greener construction.

Further, with the AIA / GBI partnership, and the AIA’s “Walk the Walk” green promotion, we’ll soon see some interest in blending green building principals, submittals and issues in the popular contract documents.

There seems to be an unusual level of “green” activity in the New Orleans area this weekend, and with a particular focus on green building.

These events build on the Green Building momentum in Louisiana, in addition to recent national news that there’s a possible silver lining to Hurricane Katrina in that the New Orleans construction industry is largely avoiding the global recession.

Here are some highlights from this weekend’s events:

1) Gambit Weekly magazine had a “Green Building Guide” insert in this week’s edition, co-sponsored by Global Green USA and South Coast Solar providing the city with a green building products and services directory [PDF Version of Global Green's Vendor List].

2) Louisiana Bucket Brigade is presenting Louisiana’s first ever Earth Day Festival, featuring musical performances on the city’s first Solar Powered Soundstage (April 5, 2009).

3) New Orleans City Park is having their annual Spring Garden Show (April 4-5, 2009). For the first time, however, the garden show will present the city’s first “Green Fair.” According to the Live Green Orleans blog, the fair at City Park’s Botanical Gardens will be the largest Green Fair in Louisiana’s history.

Does New Orleans Need to Worry about “Greenwashing?”
While the green building and green attention is good for New Orleans and Louisiana, the rising profile of “green” living in the city may be cause for concern that the green label will be abused by businesses and marketers.

What is Greenwashing? The term’s wikipedia entry defines it as follows:

Greenwash (a portmanteau of green and whitewash) is a term used to describe the practice of companies disingenuously spinning their products and policies as environmentally friendly, such as by presenting cost cuts as reductions in use of resources.[1] It is a deceptive use of green PR or green marketing.

The problem itself is not new, and the FTC even has a Guide “For The Use of Environmental Marketing Claims.” In 2007 and 2008, there were reports that the FTC was stepping up its enforcement efforts against untruthful environmental advertising in the wake of increased green claims.

The specific FTC regulations of environmental marketing claims will be discussed in a separate blog post, but for the time being, we’ll just bring up the topic as it relates to the tsunamic of “green” marketing by construction industry firms in the New Orleans area.

While green building is certainly a hot area for the construction industry, there are dangers to making green claims for the sake of good PR and increased business.

In Gambit Magazine’s Green Building insert, Global Green USA’s Matt Petersen wrote the following about its “Green Building Guide:”

On behalf of the entire staff and Board of Directors at Global Green USA, I am pleased to present the first ever Green Building Guide. The Guide is designed to help you find the green products and serves that will make it easier for you to save money on rising energy bills, improve the indoor air quality and health of your home and do your part to held rebuild a more resilient, greener New Orleans.

That’s a tall order for the 400 vendors listed in the Green Building Guide.

While the Guide is likely a good thing for Louisiana consumers and builders, its important for everyone involved to remember that environmental claims must be substantiated. More on exactly how later…

The New Orleans Times Picayune ran a story last week that lead off with these two paragraphs:

Louisiana is expected to get $122.3 million in federal economic recovery money to improve the energy efficiency of homes, government buildings and public transportation over the next three years and to jump-start renewable energy projects for electricity generation.

The money should create scores of new jobs for tradesmen willing to learn green building practices. It also will help moderate-income households around the state improve the energy-efficiency of their homes and lower their utility bills.

Over the next three years, authorties estimate that over 6,000 homes will be weatherized under the program.

In addition to this, President Obama has recently come out to designate New Orleans as the “U.S. Blueprint” for green construction and environmental protection, invigorating urban centers and stressing volunteerism.

Perhaps the promise of the Global Green USA’s Build It Back Green program, Brad Pitt’s Make It Right Foundation and other similar programs are finally making its impression, and the New Orleans area will see real investment in green building over the next few years.