R2009-127 - 2009-08-10RESOLUTION NO. R2009-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, ADOPTING A GREEN BUILDING POLICY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City Council hereby adopts the Green Building Policy
attached hereto as Exhibit "A", attached hereto.
PASSED, APPROVED, AND ADOPTED this 10th day of August, A.D., 2009.
REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-127
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.
Section 1. Short Title.
This Policy shall be known and maybe 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, fmishes, 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 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.
Section 3. Definitions.
(A) "City Manager" means the operating manager for the City of Pearland.
(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.
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(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 Handbook 135,
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 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.
(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.
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