You asked for a status report on implementation of the state's requirement that residential buildings comply with Leadership in Energy and Environmental Design (LEED) “green building” standards.

The law generally does not require that residential buildings comply with LEED or comparable standards. PA 07-242 requires the state building inspector and the Codes and Standards Committee to amend the State Building Code to require (1) buildings costing $ 5 million or more built after January 1, 2009 and (2) renovations costing $ 2 million or more starting January 1, 2010 to meet the LEED silver standard or its equivalent. While the requirements apply to private and public sector projects, they do not apply to residential buildings with up to four units.

Moreover, state building inspector Christopher Laux has stated that the Codes and Standards Committee recently voted not to include the LEED provisions in the amendments that they are currently proposing to the code. According to Laux, the committee believed the requirements would be unenforceable. He also stated that the committee believed that the LEED requirements would be eliminated under sHB 5600, An Act Concerning Connecticut Global Warming Solutions. While this was true in an early version of the bill, the bill as favorably reported by the Environment Committee retains the LEED mandate.

The proposed Building Code amendments are going through the statutory process for adopting regulations. In practice, the Building Code is amended every three years. If the code is not amended to include the LEED provisions, this means they would normally not be included until 2011 at the earliest. Laux suggested that his office would notify local building inspectors of the LEED provisions of PA 07-242, if they are not eliminated and the proposed amendments to the code are adopted in their present form without the LEED provisions.

Another bill pending this session (sHB 5798, An Act Establishing a Tax Credit for Green Buildings) would provide incentives for residential buildings to meet LEED standards. The bill, which has been favorably reported by the Planning and Development Committee, would establish tax credits for individuals and businesses that meet LEED standards in new construction and renovation projects. The amount of the credit would depend on the building's rating under the LEED system.

Finally, the current Building Code requires that buildings and building elements be designed to provide optimum cost-effective energy efficiency over a building's life. PA 07-242 requires the state building inspector and the committee to revise the code starting January 1, 2008, and specifically includes residential buildings in this mandate.

KM: dw