This Bird's Eye View text is from USGBC's MPR Supplemental Guidance Revision #2.
Intent
The purpose of this MPR is to highlight the importance of environmental laws and regulations that apply to LEED projects. Such legislation establishes a baseline standard for sustainability.
SPECIFIC ALLOWED EXCEPTIONS
Short-term lapses in compliance are acceptable
GBCI will not immediately revoke a certification if a lapse in compliance with an environmental law resulting from unforeseen and unavoidable circumstances occurs. However, project teams must demonstrate a dedicated effort to return the building to compliance as soon as feasibly possible. As a precaution and at the project team’s discretion, the building owner may notify GBCI of any lapse in compliance and efforts to bring the building back into compliance. Use the Special Circumstances section of PIf1 in LEED Online v3 for this purpose. If the lapse occurs after certification (applicable only to LEED-EB: O&M certified projects), the project team may contact GBCI via the ‘contact us’ pages at gbci.org to receive additional guidance in this situation.
USGBC will recognize exemptions granted by authorities
If governmental authorities exempt the project from a building-related environmental law for any reason, then that project is exempt from this MPR in regards to that particular law. In the event that this occurs, a description of the situation leading to the exemption and proof of the exemption (such as an official letter from the granting authority) must be provided in the Special Circumstances section of PIf1 in LEED Online v3.
USGBC will recognize settlements granted by authorities on a case-by-case basis
It is recognized that, in the case of an alleged environmental law violation, building owners sometimes agree on a settlement with a governmental agency to make reparations for their actions. These situations are treated on a case by case basis in terms of compliance with this MPR. Please contact GBCI via the ‘contact us’ pages at gbci.org to receive additional guidance in this situation.
Special considerations for LEED for Commercial Interiors projects
Only the gross floor area within the LEED project boundary of a LEED-CI project must comply with this MPR, NOT the building in which the project is located.
Special consideration for projects with unfinished spaces
For projects with unfinished spaces (typically, LEED-CS projects), interior fit-out work conducted post-certification is NOT subject to this MPR unless strategies implemented in the fit-out space contribute to earned prerequisites or credits for that project via the tenant sales and lease agreement or owner letter of commitment path.
ADDITIONAL INFORMATION AND CLARIFICATIONS
How to identify building-related environmental laws
DEFINITION For the purposes of this MPR, an ‘environmental law’ is considered to be a statute, rule, treaty, convention, executive order, regulation, or ordinance that seeks to protect the natural environment and/or human health which may be negatively impacted by activities surrounding the design, construction, development, or operation of a building.
LOCATION This MPR applies to ALL LEED projects, regardless of location, and includes all existing building-related environmental laws in the jurisdiction where the LEED project is located. For US projects, this includes laws at the federal, state, and local level.
CATEGORIES Categories containing laws that fall under the purview of this MPR include, but are not limited to the following: wetlands, noise, runoff, asbestos, air quality, pollution, sewage, pesticides, safety, and forestry.
EXAMPLES This list includes examples of US federal building-related environmental laws and regulations that fall under the purview of this MPR. This list is not intended to be exhaustive, only illustrative. It is the project team’s responsibility to know which laws apply to the building and to verify that the project is in compliance.
- Clean Water Act
- Endangered Species Act
- OSHA Safety and Health Regulations for Construction
- OSHA Recording and Reporting Occupational Injuries and Illness
New laws and regulations
This MPR includes new laws, regulations, and ordinances as they are enacted.
Addressing conflicts between LEED 2009 requirements and laws
In the rare case that a building-related environmental law covered by this MPR conflicts with another MPR, a LEED prerequisite or credit, the law will take precedence. Project teams may still comply with the MPR and achieve the prerequisite or credit by requesting approval of an Alternative Compliance Path (ACP) during the regular review process, a Project CIR or, if desired, a LEED Interpretation. The ACP must satisfy both the environmental law and the intent of the LEED requirement.
USGBC and GBCI will not act in a law enforcement capacity
By verifying that a LEED project complies with this MPR, USGBC, and GBCI assume that project owners are accurately and willingly attesting that the LEED project complies with applicable building-related environmental laws. LEED is a voluntary program that rewards exemplary building performance. In no way will USGBC or GBCI act as law enforcement. With this MPR, USGBC and GBCI are using established laws only to ascertain that the LEED project is meeting the appropriate environmental standards.
The relationship between MPR #1 and SS Credit 1: Site Selection
The intent and requirements of SSc1 Site Selection in whole building design and construction rating systems differ from that of this MPR. This MPR requires compliance with environmental laws, and SSc1 rewards voluntary land use choices. A point may be earned under SSc1 if the LEED project complies with a series of criteria. Projects that do not meet these criteria demonstrate unsustainable, but not illegal development practices. SSc1 essentially builds on the requirements of MPR #1.