Connecticut Passes New Green Building Law
The Connecticut State Legislature passed Public Act No. 09-192. The new Act resolves an ongoing dispute between the legislature, Attorney General and the State Building Official.
By way of history, last year, the State Legislature passed an Act which required the State Building Inspector to amend the State Building Code to include that any new building over $5 million and any renovations over $2 million must meet or exceed LEED standards. The State Building Inspector sought a constitutional opinion from the Attorney General. The Attorney General told the State Building Inspector that the law was most likely unconstitutional because it took powers away from the State and local Building Inspectors and placed them in the hands of an unregulated third party. In addition, LEED standards can and do change without regular hearings. Since the Act did not specify which LEED standard must be met, any change in LEED standards would change the Building Code without due process.
The new Act rectifies many of these issues and also puts off to another day the requirements of LEED. The new Act deletes the requirement that the State Building Code meet ASHRAE 90.1 and instead requires that the State Building Code incorporate the 2012 International Energy Conservation Code no later than 18 months after the new code is published.
Further, the new Act requires that on or after July 1, 2010, the State Building Code must include provisions requiring new and major renovations of "certain buildings of over a specified minimum size" to meet or exceed "optimum cost-effective building construction standards" for thermal envelope, mechanical systems, indoor air quality, water conservation, lighting and electrical systems. While the provisions of the Building Code must "reference" nationally accepted green building rating systems such as LEED and Green Globes and requires third party verification "with the relevant portions of such rating systems", it is clear that the legislation stops short of requiring LEED certification or Green Globes certification.
This story will continue as regulations are promulgated.
