Development Law Group Update: Portland's Green Building Policy Proposal
On November 19, 2008, the City of Portland will release its "High Performance Green Building Policy" draft for public comment. Public comment on the draft will continue through December 19, 2008, with City Council consideration of the package set for January 2009.
Generally, Portland's Green Building Policy will impact, to one degree or another, new commercial and multifamily construction, new single-family residential construction, and existing commercial buildings. Existing single-family residential buildings are not presently impacted under the proposal. The policy will have practical and economic consequence to building owners and developers throughout the city. Briefly, the impacts include:
New Commercial and Multifamily Construction
New commercial and multifamily (including condominiums) construction projects will be subject to the city's "feebate" program requiring fees for conventional construction, allowing fee waivers for "moderate" green construction, and granting financial rewards for high-performance green building projects.
New Single-Family Detached Residential Construction
New single-family residential construction will be subject to a "performance target" requiring that, throughout the city, green building standards are to be met to target levels. If the targets are not met, a feebate program similar to that for new commercial and multifamily construction will take effect.
Existing Commercial Buildings
Existing commercial buildings will be subject to public disclosure obligations setting forth information related to energy usage, water usage, and stormwater management.
The new policies, up for consideration by the City Council in early 2009, will become effective at varying dates beginning July 1, 2010.
, The Green Building Policy presents numerous policy and technical issues that are beyond the scope of this alert. For additional information or to receive an early draft of the policy, please contact the undersigned.