Green development from the legal perspective


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  • | 12:00 p.m. January 26, 2009
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by Joe Wilhelm Jr.

Staff Writer

Jacksonville has begun to warm up to the idea of sustainable development and a forum was held recently to discuss legal issues and possible legislation regarding the industry.

“Emerging Issues in Sustainable Development: A Legal and Legislative Perspective” was the title of a forum hosted by the law firm of Holland & Knight Thursday and attendees included attorneys, contractors, members of the United States Green Building Council (USGBC) North Florida Chapter and City of Jacksonville staff and volunteers.

“We are not here to get answers, but to discover what the questions are,” said Ellen Reed, vice president of the North Florida USGBC. “Jacksonville needs to know what’s ahead of it.”

These questions may not be that easy to come by because the answers are constantly changing as new legislation and rules are developed for sustainable development.

“We are moving into a new and expanding field,” said Rob Riva Jr., an attorney with Holland & Knight who practices in real estate and sustainable development. “Risk management and liability management will see the biggest changes as the industry continues to develop.”

Riva recalled a case that involved a homeowner who wanted to install an awning over a big window on his house.

“The homeowner claimed that the awning prevented sunlight from coming into the house and helped reduce his cost to cool the house, so it could be considered an energy saving device,” said Riva. “This is the type of creativity we are going to see.”

There are no gray areas involved in Mayor John Peyton’s and the City Council’s support of sustainable development, said Robert Schuster, a member of the Environmental Protection Board, a volunteer citizen board that develops regulations for administration and enforcement of the City’s environmental laws.

“With the help and support of the mayor, City Council and City Council President Ronnie Fussell, we hope to have an ordinance in front of City Council early this year that will allow the City to give priority in the permitting process to those project that use sustainable building practices,” said Schuster. “We will also have a two-year program to help defray the cost of the certification process. We will have $100,000 to help sustainable building projects during the two-year program.”

The City isn’t only looking to encourage the building industry to go green; it has also begun looking at its own practices to see where it can be more energy efficient.

“We have looked at the City’s fleet of vehicles in our efforts to consume less gasoline and reduce vehicle purchases,” said Derek Igou, deputy director of the city’s Environmental and Compliance Department and City Sustainability Officer. “We are looking to use the right vehicle for the job and not using a big SUV when a Malibu would do. There are no more personal vehicles. The City’s Procurement Division has begun to consider sustainability with its purchasing policy.”

Clarity of policy and what is promised to clients was stressed by panel member Susan Cleveland, of ASD, Jacksonville, and president of the North Florida Chapter of USGBC.

“You need to give your clients a clear understanding of what you can and can’t do,” said Cleveland. “LEED (Leadership in Energy and Environmental Design) requirements have changed, so we are learning every day. We never call ourselves experts because we discover new measurements and requirements every day.”

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