Though green-building experts and construction lawyers laud the good intentions of the U.S. Green Building Council about its popular Leadership in Energy and Environmental Design green-building rating system, many have serious concerns about at least one new requirement in the latest version of LEED, which went into effect on July 1. The requirement, a “precondition” of certification for all buildings under LEED Version 3, says owners must commit to sharing building energy and water-usage data for at least five years after a new building is occupied or an existing building is certified. Another change sending shudders down the spine of construction lawyers and others is that LEED certification may be revoked if there is noncompliance with this new “minimum program requirement” or any of the other six so-called MPRs.
The energy-use reporting requirement applies to the particular project’s type of certification. For example, if a project is seeking certification for new construction, the requirement applies to the entire building. If a project is seeking certification for core and shell, the requirement applies only to energy data for the core and shell. The same goes for commercial interiors.