ORDINANCE NO. BL2009-503

An ordinance amending Title 16 of the Metropolitan Code regarding sustainable development design standards for new and renovated Metropolitan Government buildings and facilities to allow an alternative to LEED certification based upon lowered measured energy use.

WHEREAS, on June 5, 2007, the Metropolitan Council enacted Ordinance No. BL2007-1374 to adopt sustainable building standards for new and renovated Metropolitan Government buildings; and

WHEREAS, Ordinance No. BL2007-1374 adopted the U.S. Green building Council’s LEEDTM program as the standard for sustainable building principles and practices of the Metropolitan Government; and

WHEREAS, some proven sustainable building systems resulting in considerable energy efficiency and savings do not meet all of the requirements for LEED certification; and

WHEREAS, it is in the best interest of the Metropolitan Government that alternative sustainable design standards be permitted for new and renovated government buildings, provided the alternative system will result in actual lower measured energy use.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 16.60.010 of the Metropolitan Code is amended by deleting the phrase “adopted as the standard for sustainable buildings principles”, wherein it appears in subsection 3., and substituting with the phrase “adopted as a standard for sustainable buildings principles”.

Section 2. That Section 16.60.040 of the Metropolitan Code is amended by adding the following new definition for “business energy professional”:

“Business energy professional” means a person certified by the Association of Energy Engineers who is competent in business marketing and energy related disciplines, as well as laws governing and affecting energy professionals.

Section 3. That Section 16.60.050 of the Metropolitan Code is amended by adding the following new subsection 4.:

“4. Notwithstanding the foregoing, the Metropolitan Government may use another sustainability method as an alternative to LEEDTM certification, provided such alternative sustainability method will result in pre-determined energy reduction and efficiencies as set forth in Section 16.60.055.”
Section 4. That Chapter 16.60 of the Metropolitan Code is amended by adding the following new Section 16.60.055:

16.60.055 Alternative sustainability standards.
A. If the Metropolitan Government pursues an alternative to LEEDTM certification as provided in subsection 4 of Section 16.60.055, the contractor for the project installing or constructing the alternative sustainability method shall warrant for a period of three (3) years that annual energy use for all habitable, conditioned space contained within newly constructed buildings and substantially renovated buildings will meet pre-determined energy use objectives set by the Metropolitan Government prior to contractual commitments for services, or where applicable, equipment and materials. Such energy use objectives shall be:
(1) Lower than the measured energy use for similar buildings located in areas with similar average climatic conditions according to the following time-based objectives:
(A) Fiscal year 2010 – 10%
(B) Fiscal year 2011 – 17%
(C) Fiscal year 2012 – 17%
(D) Fiscal year 2013 and beyond – 25%
or
(2) where applicable, site energy use as determined by the United States Department of Energy, Energy Star “Target Finder” program according to the following time-based objectives and Energy Star ratings:
(A) Fiscal year 2010 – 55
(B) Fiscal year 2011 – 65
(C) Fiscal year 2012 – 65
(D) Fiscal year 2013 and beyond – 75
B. A certified or duly recognized business energy professional approved by the Metropolitan Government shall determine no sooner than twelve (l2) months and no later than eighteen (18) months from the first date of occupancy of a building whether such providers have met the energy use objectives determined in either subsections 1 or 2 above. The basis of this determination will be metered utility data. The business energy professional shall have no financial interest, nor be affiliated in any way with the design or construction of such building.
C. Determinations of whether the Energy Star objectives were met shall be determined each year of the warranty by the method prescribed by the United States Department of Energy.
D. If the energy use objectives are not met, the pre-determined entity responsible for the warranty shall reimburse the Metropolitan Government for excess energy use costs for any year of the warranty period based on the energy rate costs prevailing during the first year of the warranty period. The entity responsible for the warranty shall provide the Metropolitan Government an irrevocable warranty surety.
E. No warranty penalty or reimbursement shall be applicable if the Metropolitan Government significantly changes the function of the facility beyond what was originally authorized by the final use and occupancy permit.

Section 5. That Chapter 16.60 of the Metropolitan Code is amended by deleting the provisions of Section 16.60.070 in their entirety and substituting with the following:
16.60.070 Budgeting and financing.
All capital construction which falls under this policy is required to budget LEEDTM design standards, or an alternative sustainability standard under Section 16.60.055, in the development of a Metropolitan Government funded facility. Budget planning and life cycle cost analysis to achieve LEEDTM Silver rating is required for those facilities pursuing LEEDTM certification.

Section 6. That Chapter 16.60 of the Metropolitan Code is amended by deleting the provisions of Section 16.60.070 in their entirety and substituting with the following:

16.60.080 Training.
Metropolitan Government departments, agencies, boards and commissions subject to the provisions of this chapter shall coordinate the LEEDTM training or alternative sustainable development standard training for persons managing the construction of their respective projects.

Section 7. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Duane Dominy, Robert Duvall