I'm faced with a new issue I haven't experienced in the past. I'm working on an energy model for a building in a state where the energy code is 90.1 2007, but is applying for LEED v4 CI, which follows 90.1 2010. The project is an entire interior remodel for an 8 floor office building from the 1970s, with WWR around 50%. Early in the design process, a simple energy model was made to explore daylighting and window replacement. The owner decided to spend the money on very high efficiency HVAC equipment instead. There's improved lighting throughout the building, but since the local code is 2007, there isn't much of automatic lighting controls specified in the design. 

However, 90.1 2010 Section 9.4 Mandatory Provisions requires these controls (daylighting + many spaces with OS) as a prerequisite. Would the project be disqualified from LEED for not having them in the proposed model? I'm not worried too much about the savings, as we'll likely hit our goal with the HVAC and lighting savings. But I'm concerned the LEED application will be rejected if these controls aren't proposed. 

Does anyone have experience with this issue? 

Needless to say, we're trying to push for these improvements to be added, but there's resistance for budget concerns and anti-LEED sentiments.