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R2009-098 - 2009-06-22RESOLUTION NO. R2009-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE CITY OF PEARLAND AS A "GREEN CITY" AND COMMITTING THE CITY TO ACHIEVE SUSTAINABILITY GOALS. WHEREAS, it is the policy of the City of Pearland to conduct the City's business in an environmentally friendly way that results in the reduced consumption of energy and natural resources; and WHEREAS, the City commits to taking the following actions to implement its sustainability goals; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. Leadership. The City of Pearland will assume a proactive role in the coordination of green initiatives among the surrounding cities and counties. The initiatives will focus on the reduction of the amount of materials entering landfills; increasing the amounts of hazardous and toxic materials recycled; reducing water usage; improving water quality; improving air quality and improving the environment for area residents. Section 2. Energy Consumption. The City will actively seek to reduce consumption of resources through the evaluation of current energy usage and identify cost effective ways to reduce the amount of electricity, natural gas, fuel, and water consumed by the City. When new city facilities are constructed or existing facilities are remodeled, the City will incorporate cost effective methods to reduce energy consumption, including but not limited to, use of energy efficient heating and cooling systems, and the use of building design and materials designed to RESOLUTION NO. R2009-98 reduce energy consumption. To accomplish this goal, the City will also pursue LEED certification on all building construction projects, and design cost-effective methods to reduce energy consumption, when new components are added to the City's water and wastewater system. Section 3. Water Conservation. The City will actively seek to reduce consumption of water in all current and future City facilities as well as educate the citizens of Pearland of the .importance of water conservation. The City commits to review existing codes and ordinances for residential and commercial development, and to update as needed to ensure the reduction of water consumption within the City. Section 4. Recycling. The City commits to maximizing recycling opportunities for its residents through curbside recycling programs and the operation of a drop-off site that accepts the widest range of materials for which there is a market. Residents will be allowed to dispose of household hazardous wastes at no cost, and non-residents will be allowed to participate on a fee basis. City employees will be provided an opportunity to recycle at work through the location at all City buildings of recycling containers for aluminum, plastic, and paper. Section 5. Reuse/Rebuy. The City will develop a policy for purchase and reuse of goods manufactured from recycled materials. The policy will provide guidelines for bidding which includes a requirement to solicit bids from manufacturers of recycled products. Products made from recycled materials will used if the cost is equal to or less than the cost of non-recycled products, and the quality of the material is equal to non-reduced material. 2 RESOLUTION NO. R2009-98 PASSED, APPROVED and ADOPTED this the 22"d day of June, A.D., 2009. ~~ ~/Y~~ TOM REID MAYOR ATTEST: Y NGL G,T C I Y SE ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 Green Building Policy A policy for the purpose of requiring that the design, construction, operation, maintenance,renovation, and deconstruction of buildings owned or leased by the City of Pearland, comply with certain energy-efficient building standards. Be it enacted by the City Council of the City of Pearland: Section 1. Short Title. This Policy shall be known and may be cited as the"Green Building Policy." Section 2.Findings and Declarations. The City Council fmds and declares the following: It is the policy of the City of Pearland to encourage the construction,rehabilitation, and maintenance of buildings in this city in such a manner as to: (A) Promote better environmental standards for the construction,rehabilitation, and maintenance of buildings in the city; (B) Improve energy efficiency and increase generation of energy through renewable and clean energy technologies; (C) Increase the demand for environmentally preferable building materials, finishes, and furnishings; (D) Improve the environment by decreasing the discharge of pollutants from buildings; (E) Create industry and public awareness of new technologies that can improve the quality of life for building occupants; and (F) Improve the health and productivity of building occupants by meeting advanced criteria for indoor environmental quality. In order to facilitate the foregoing policies,the City Council of the City of Pearland, hereby requires that any building to be constructed by or for the city after the date of approval of this Policy be designed and managed to comply with the U.S. Green Building Council's(USGBC)Leadership in Energy and Environmental Design(LEED) Green Building rating standards as set forth in Section 4 of this Act. Section 3.Definitions. (A) "City Manager"means the operating manager for the City of Pearland. 1 (B) "Commissioning"means the process of verifying and ensuring that the entire building and the systems within are designed, constructed, functionally tested, and calibrated to operate as intended. (C) "Department"means the Department of Parks and Recreation. (D) "Green Building"or"High-Performance Building"means a building that is designed to achieve integrated systems design and construction so as to significantly reduce or eliminate the negative impact of the built environment on the following: (1) Site conservation and sustainable planning; (2)Water conservation and efficiency; (3)Energy efficiency and renewable energy; (4) Conservation of materials and resources; and (5)Indoor environmental quality and human health. (E) "LEED Green Building Rating System"means the Leadership in Energy and Environmental Design(LEED) green building rating system developed and adopted by the U.S. Green Building Council(USGBC),which measures and evaluates the energy and environmental performance of a building. (F) "LEED-EB"or"Green Building Rating System Version LEED-EB"means the most current Leadership in Energy and Environmental Design Green Building Rating System guidelines developed and adopted by the United States Green Building Council for existing buildings. (G) "LEED-NC"or"LEED Green Building Rating System Version LEED-NC"means the most current Leadership in Energy and Environmental Design Green Building Rating System developed and adopted by the United States Green Building Council for new construction and major renovations. (H) "Life-cycle cost"means the cost of a building, as determined by the methodology identified in the National Institute of Standards and Technology's special publication 544 and interagency report 80-2040, available as set forth in the Code of Federal Regulations, Title 15,Part 230, including the initial cost of its construction or renovation,the marginal cost of future energy capacity, the cost of the energy consumed by the facility over its expected useful life or, in the case of a leased building, over the remaining term of the lease, and the cost of operating and maintaining the facility as such cost affects energy consumption. (I) "Major facility"means any building: • (1) Owned or operated, in whole or in part,by the City, or (a) Which has five thousand or more gross square feet. (2) Constructed on land leased from the City. (J) "Platinum rating"means the rating in compliance with, or exceeding,the highest rating awarded by the USGBC LEED certification process. (K) "Gold rating"means the rating in compliance with, or exceeding, the second highest rating awarded by the USGBC LEED certification process. (L)"Silver rating"means the rating in compliance with, or exceeding, the third highest rating awarded by the USGBC LEED certification process. (M)"Certified rating"means the rating in compliance with, or exceeding, the minimum rating awarded by the USGBC LEED certification process. (N) "State agency"means any department,board,bureau, commission, institution,public higher education institution or other governmental entity of the state of Texas. Section 4.Requirements. The design, construction, operations, maintenance,renovation, and deconstruction of all major facilities that enter into the pre-design phase after the date of enactment of this Policy, and the site of all such facilities, shall conform to, or exceed,the Green Building rating of the most recent version of the USGBC LEED-NC Green Building Rating System for a new building and for major renovations OR the most recent version of LEED Green Building Rating System Version LEED-EB for an existing building.All such buildings shall be certified through the LEED certification process and: (1) The city agency or instrumentality of the city or political subdivision of the city responsible for each such facility shall seek the minimum("Certified")LEED certification at the earliest stage of development of each such facility, and throughout the life of each such facility however, the city shall strive for the highest level of certification attainable for each project as deemed appropriate at the time. Section 5.Exemptions. (A) The City Manager may exempt any building from compliance with the mandates under Section 4, if it is deemed that the cost of compliance sufficiently exceeds the building's life-cycle cost savings. 3 (B) Any building under the mandate under Section 4 that is given exemption by the City must comply with the USGBC LEED Green Building Rating System to the maximum extent possible such that the cost of compliance does not sufficiently exceed the building's life-cycle cost savings. Section 6. Guidelines for Administration and Compliance. (A) The Department hereby has the authority to issue regulations pertaining to compliance and certification with this Policy as described in Section 4. (B) The Department shall develop processes and systems to verify compliance with the mandate under Section 4. Section 7. Conflicting Provisions. All Policies and parts of policies in conflict with this Policy are repealed. Section 8. Effective Date. This Policy shall take effect immediately upon enactment. Section 9. Severability. If any provision of this Policy or the application thereof to any person or circumstance,is held invalid,the invalidity shall not affect other provisions or applications of this Policy, which can be given effect without regard to the invalid provision or application and,to this end,the provisions of this Policy are severable. 4