Expert Q&As

This week, Elizabeth Watson of Greenberg Glusker speaks about changing policies surrounding green building in California.

Can you tell us about what you do?
I am a real estate and land use specialist in the real estate department at Greenberg Glusker based in Los Angeles. I have been active in the entitlements process throughout California and in obtaining approval for development projects throughout my career.

How have sustainability issues changed building policies in California?
California is both a leader and a laboratory in the area of sustainable development and green building. Our regulations have tended to be at the forefront of pushing the envelope. It has been interesting to watch how things have evolved. We're beyond the enlightened pioneers and the early adapters who built green because it served a higher purpose. We've also passed the point where only public entities and agencies build to LEED standards.

What we're seeing is a regulatory shift, so that green building practices are being both required and incentivized. The approach varies depending on the orientation and policies of the municipality. One headline grabber was the city of L.A. adopting mandatory green building standards. That happened on Earth Day, and was approved by a unanimous vote of the city council. New buildings in the city of Los Angeles that exceed 50,000 square feet now have to be LEED compliant.

That's a big step.
That's a very big step. That's the largest city in the nation with those types of requirements. It has been a novel process just to get to the ordinance. The city had a whole series of sessions on different types of products, and invited stakeholders to help them frame the ordinance. They also wanted to have participation from key sectors of the community. The city ordinance includes an education program for the city employees who will be administering it, and periodic internal city meeting that draw on all of the key departments. We have yet to see how it will work in practice—since the regulations are just now going into effect—but the process has certainly been a very thoughtful one that has been very inclusive.

Do these new policies apply only to new construction or do they apply to buildings that are being renovated as well?
Los Angeles' regulations apply to renovations that meet the size requirements of 50,000 square feet. However, each jurisdiction is different. Cities like Santa Monica and Pasadena have been at the forefront. In each case, there's an expression of what the local priorities are. Essentially, the shift to sustainability requirements has been based on the convergence of a number of factors, including Governor Arnold Schwarzenegger and Attorney General Jerry Brown. Both placed heavy emphasis on reducing green house gases which has created an environment where cities at the local level have looked at building practices as a way to help meet some of those state law mandates.

What I think has really led to a dramatic acceleration, has been having the LEED standard. In most cases, cities are using LEED as a reference point. They may not require certification, but that LEED checklist has been a center piece in the ordinances of most cities. It has also given both the public agencies that are regulating development and the development community on the private side a common language. Having an authoritative standard for the architecture community and the construction community has helped transform the development industry as well.

What are some of the emerging issues regarding green building?
Some of the emerging issues, from a legal standpoint, have to do with delivery. What happens if a building doesn't meet its promised standard of LEED? Another concern has to do with how landlords and tenants deal with certain factors in the lease. When it comes to things like reduced energy charges and reduced water usage; who gets the benefit of that and how do you frame it in the lease? That also applies to the ongoing maintenance and implementation of the features that have been included in the building to give it that LEED rating; who is responsible for that maintenance?

• Green Building | Leave a comment • Email Article