Green Roofing & Public Policy The Greening of the Rooftop Module 10 Green Roofing & Public Policy Regulations & Incentives

Green Roofing & Public Policy Green Incentives Federal Policies State & Local Programs

Green Roofing & Public Policy Green Incentives Water Air Energy

Green Roofing & Public Policy Clean Water Federal Policy Legislation: Clean Water Act (1985) / Water Quality Act (1987) Enforcement: Environmental Protection Agency (EPA) State & Local Policy Legislation: Varies, but tends to follow Clean Water Act Enforcement: State environmental agencies participate in enforcing the Clean Water Act

The Clean Water Act & Storm Water Runoff The Clean Water Act (1985) directed the EPA to regulate water pollutants, but the act did not specifically direct the EPA to regulate storm water runoff. In a 1975 decision(1), the U.S. Supreme Court ruled that storm water was covered by the Clean Water Act and must be regulated This decision has lead to a variety of regulatory approaches to decrease pollution caused by storm water runoff. (1) Natural Resources Defense Council v. Train, 396 F.Supp. 1393 (D.D.C. 1975), aff'd. by NRDC v. Costle, 568 F.2d 1369 (D.C. Cir. 1977).

Storm Water Runoff and Combined Sewer Overflows Clean Water Act Storm Water Runoff and Combined Sewer Overflows Source: Clean Solutions for Omaha (http://projects.ch2m.com/Omaha_CSO/Faq.htm)

Combined Sewer Overflows Clean Water Act Combined Sewer Overflows Combined sewer system are remnants of the country's early infrastructure and so are typically found in older communities. Combined sewer systems serve roughly 772 communities containing about 40 million people. Cities with Combined Sewer Systems Source: US EPA

Urban Sewer Overflow Strategies Combined Sewer Overflows Urban Sewer Overflow Strategies Replace combination sewers with separate storm / sanitary sewers ($$$$) Construct overflow holding tanks to hold storm overflows and gradually divert to the treatment plant ($$) Construct water-retaining vegetated roofs on urban buildings ($)

Communities with Vegetated Roof Incentives Combined Urban Sewer Overflows Communities with Vegetated Roof Incentives City: Incentive: Chicago: Fast-track project approval & reduced permit fees Limited investment offsets Pilot offset incentive program Reduced development fees Portland: New York City: Minneapolis: … and more on the way Source: Green Roofs For Healthy Cities

Green Roofs Tree of Knowledge: Combined Urban Sewer Overflows Communities with Vegetated Roof Incentives Find out more from Green Roofs for Healthy Cities Green Roofs Tree of Knowledge: http://greenroofs.org/grtok/index.php

Green Roofing & Public Policy Clean Air Federal Policy Legislation: Clean Air Act (1963 -1990) Enforcement: Environmental Protection Agency (EPA) State & Local Policy Legislation: Varies, but tends to follow Clean Air Act Enforcement: State environmental agencies participate in enforcing the Clean Air Act

Clean Air Act The Clean Air Act & CO2 The Clean Air Act (1963) directed the EPA to regulate air pollutants, but the EPA did not consider CO2 and other greenhouse gasses to be pollutants In a 2008 decision(1), the U.S. Supreme Court ruled that CO2 and other greenhouse gasses were covered by the Clean Air Act and should be regulated This decision may lead to a variety of new regulations, including peak energy consumption limits, carbon caps, carbon trading, etc. (1) Commonwealth of Massachusetts et al. v. Environmental Protection Agency

Clean Air Act Roofing & Clean Air Policy In general, clean air policy in roofing will involve energy regulations and incentives: Roof Energy Efficiency Cool Roofing Highly-Insulated Roofing Clean Rooftop Energy Photo-Voltaic Daylighting Wind

Energy Efficiency / Clean Energy Green Roofing & Public Policy Energy Efficiency / Clean Energy Federal Tax Incentives Energy Policy Act of 2005 New Pending Legislation Federal Purchasing Policies Energy Independence & Security Act of 2007 Executive Order 13423 State & Local Policies & Incentives

The Energy Policy Act of 2005 Current Federal Energy Tax Incentives The Energy Policy Act of 2005 Provides up to a $300 federal income tax credit for homeowners for installing a variety of energy-efficient products (Expires 12/31/2008) Provides a 30% federal income tax credit and 5-year accelerated depreciation for businesses installing solar power (Expires 12/31/2008) Provides up to a $1.80 / sq. ft. federal income tax deduction for increasing energy-efficiency of commercial and public buildings (Expires 12/31/2008)

Pending Legislation (1) Federal Energy Tax Incentives Pending Legislation (1) Extends the energy-efficient income tax credit for homeowners through 2009 Extends 30% solar power tax credit for businesses through 2016 Extends energy-efficiency commercial building tax deduction through 2013 (2) Provides $3.6 billion in new Clean Energy Bonds for green community projects HR.2776 Renewable Energy and Energy Conservation / S.2821 Clean Energy Tax Stimulus Act Note: Senate version also increases the deduction from $1.80 to $2.40 per square foot.

Commercial Building Tax Deduction Energy Policy Act of 2005 Commercial Building Tax Deduction Applies to new or existing buildings The $1.80 tax deduction may be divided between partial deductions for: Lighting systems: $0.60 / sq. ft. Heating & cooling systems: $0.60 / sq. ft. Building envelope: $0.60 / sq. ft. The tax deduction may be taken for both private and public projects: Private Project: The building owner may receive the deduction Public Project: The building designer may receive the deduction (1) New!! (1) IRS Notice 2008-40

Building Envelope Partial Deduction How the Commercial Building Tax Deduction Works Building Envelope Partial Deduction In order to qualify for the $0.60 partial deduction, the building envelope must provide at least a 10% reduction over ASHRAE 90.1-2001 in the combined usage of the building’s heating, cooling, ventilation, hot water, and interior lighting systems(1) Energy calculations must be performed and certified by a design professional using approved energy software(2) The deduction must be taken in the year the building or the energy improvement is placed in service Roof insulation and reflective roof surfaces may be used as part of the design to achieve the 20% reduction IRS Notice 2008-40 List of approved software available at http://www.eere.energy.gov/buildings/info/tax_incentives.html

Lighting Partial Deduction How the Commercial Building Tax Deduction Works Lighting Partial Deduction Total building lighting power density must provide at least a 25% reduction(1) beyond current requirements of ASHRAE 90.1-2001 25% reduction earns $0.30 per sq. ft. deduction 40%% reduction earns $0.60 per sq. ft. deduction Deduction may be interpolated between 25% and 40% Energy calculations must be certified by a design professional(1) The deduction must be taken in the year the building or the energy improvement is placed in service Rooftop daylighting may be used as part of the design to reduce total power density IRS Notice 2008-40

Federal Energy Tax Incentives Find Out More … The Tax Incentives Assistance Project http://www.energytaxincentives.org/

Federal Energy Purchasing Policies Current Federal Energy Policy Federal Energy Purchasing Policies Energy Policy Act (2005) / Energy Independence and Security Act (2007) All new Federal buildings must be constructed to provide a minimum 30% reduction in energy consumption beyond ASHRAE 90.1-2001 (1) Provides preference for Energy Star -labeled products (2) , including Energy Star Commercial Roofing Products Requires that at least 30% of hot water requirements in Federal buildings must be provided by solar water heating To the extent that the construction is life-cycle cost-effective To the extent that the product is cost-effective

Federal Energy Purchasing Policies Current Federal Energy Policy Federal Energy Purchasing Policies Executive Order 13423 (Green Power Purchasing) Sets long-term goals for clean energy usage by the Federal government 3% in 2007-2009 5% in 2010-2012 7.5% in 3013 and beyond At least 50% of clean energy must come from new sources Sets a goal of at least 20,000 solar energy systems on Federal buildings by 2010 (Million Solar Roof Initiative)

State & Local Incentives Green Roofs, Clean Energy & Energy Efficiency State & Local Incentives Incentives may take many forms: Tax credits (income / property / sales) Fee reductions / exemptions Grants Loans Rebates

State Incentives Example State of Florida (1) Corporate Tax Credits Renewable Energy Production Tax Credit Renewable Energy Technologies Investment Tax Credit Sales Tax Exemptions Renewable Energy Equipment Sales Tax Exemption State Grant Programs Renewable Energy Technologies Grants Program State Rebate Programs Solar Energy System Incentives Program Utility Rebate Programs Florida Power and Light - Business Energy Efficiency Rebates Gainesville Regional Utilities - Commercial Energy Efficiency Rebate Program Gainesville Regional Utilities - Solar-Electric (PV) System Rebate Program JEA - Solar Incentive Program Progress Energy Florida - Commercial Building Envelope Improvements Program Progress Energy Florida - Commercial Equipment Rebate Programs Tampa Electric - Commercial Cooling Energy Efficiency Rebate Program (1) Partial Listing Source: http://www.dsireusa.org/

State of Connecticut (1) State Incentives Example State of Connecticut (1) Property Tax Exemption Property Tax Exemption for Renewable Energy Systems Sales Tax Exemption Sales and Use Tax Exemption for Energy-Efficient Products Sales and Use Tax Exemption for Solar and Geothermal Systems State Grant Program CCEF - On-Site Renewable DG Program State Rebate Program CCEF - Solar PV Rebate Program Utility Rebate Program Connecticut Light & Power - Operation and Maintenance Program Connecticut Light & Power - Small Business Energy Advantage Program Groton Utilities - Commercial & Industrial Energy Efficiency Rebate Programs The United Illuminating Company - Small Business Energy Advantage Program (1) Partial Listing Source: http://www.dsireusa.org/

State & Local Incentives Roofs, Clean Energy & Energy Efficiency State & Local Incentives Check out the incentives in your state – all at one web site: Database of State Incentives for Renewables and Efficiency (DSIRE) http://www.dsireusa.org/