# Green Building Overview and Issues

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3AR46719

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** March 12, 2021
- **Citation:** R46719

## Text

Green Building Overview and Issues
March 12, 2021

Congressional Research Service
https://crsreports.congress.gov
R46719

SUMMARY

Green Building Overview and Issues
Buildings, whether residential, commercial, government, or special-use, are core components of
the nation’s infrastructure. Their construction, operation, and demolition are increasingly
recognized as major sources of environmental impact. Without significant transformation of
building construction and operations, that impact is expected to increase with population growth
and changes in other demographic and economic factors. One strategy for achieving that
transformation is most widely known by the term green building.

R46719
March 12, 2021
Corrie E. Clark
Analyst in Energy Policy

In general, green building can be characterized as integrated building practices that significantly reduce the environmental
footprint of a building in comparison to standard practices. Descriptions of green building generally focus on a number of
common elements, especially siting, energy, water, materials, waste, and health. Serviceability or utility is also an explicit
design element for a class of green buildings known as high-performance buildings.
One of the most salient features of green building is integration of the various elements. Although individual elements can be
addressed separately, the green building approach is more comprehensive, focusing on the environmental footprint of a
building over its life cycle, from initial design and construction to operations during the building’s useful life, through
eventual demolition and its aftermath.
The desire to integrate the various elements of green building has led to the development of rating and certification systems
to assess how well a building project meets a specified set of green criteria. The best-known system is Leadership in Energy
and Environmental Design (LEED). Developed by the U.S. Green Building Council, it focuses on site, water, energy,
materials, and indoor environment. Recently, green building practices have found their way into model building codes and
standards. These model codes and standards are then adapted and incorporated into enforceable municipal and state building
codes. The federal government has no enforcement responsibilities of building codes, but does play a role in the
development, adoption, and compliance of codes by state and local governments.
Green building has received substantial attention from government, industry, and public interest groups. Several federal laws
and executive orders have provisions relating to green building. Among these are the energy policy acts (EPACTs) of 1992
and 2005 (P.L. 102-486 and P.L. 109-58), the Energy Independence and Security Act of 2007 (EISA, P.L. 110-140), the
Energy Act of 2020 (Division Z of the Consolidated Appropriations Act, 2021, P.L. 116-260), Executive Order (E.O.) 13834,
E.O. 13990, and E.O. 14008. EISA and other policy instruments require all federal agencies to implement green building
practices. However, several agencies have programs and activities that have a focus that goes beyond reducing the
environmental impacts of the facilities used by that agency—for example, by performing research or facilitating the greenbuilding activities of nonfederal entities. Among those agencies are the General Services Administration, the Environmental
Protection Agency, the Office of Federal Sustainability, the National Institute of Standards and Technology, and the
Departments of Defense, Energy, and Housing and Urban Development.
Green building raises issues relating to performance, cost, market penetration, and the approach itself. Among the questions
Congress may face with respect to such issues are the following: How well are current green building programs working?
How effective are current methods for coordinating the green building activities of different agencies? To what extent and by
what means should Congress extend its efforts to facilitate and support the adoption and effective implementation of green
building measures? What priorities should Congress give to the different elements of green building? What actions should
Congress do to facilitate the growth of the scientific and technical knowledge base relating to green building?

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Green Building Overview and Issues

Contents
Introduction ..................................................................................................................................... 1
What Is Green Building? ................................................................................................................. 2
Elements of Green Building ............................................................................................................ 5
Energy ....................................................................................................................................... 6
Water ......................................................................................................................................... 8
Materials.................................................................................................................................... 8
Waste ......................................................................................................................................... 9
Health ...................................................................................................................................... 10
Siting ........................................................................................................................................ 11
Serviceability........................................................................................................................... 12
Integration ............................................................................................................................... 13
Balance Among Elements ................................................................................................. 13
Balance Across Stages ...................................................................................................... 13
Green Certifications and Standards ............................................................................................... 14
Green Rating Systems and Certifications................................................................................ 14
Leadership in Energy and Environmental Design (LEED)............................................... 15
Building Research Establishment Environmental Assessment Method
(BREEAM) .................................................................................................................... 16
Green Globes .................................................................................................................... 16
Living Building Challenge ................................................................................................ 17
Building Owners and Managers Association (BOMA) BEST .......................................... 17
Element-Focused Programs .............................................................................................. 17
Federal Government Use of Certification Systems ................................................................. 19
Green Building Codes and Standards...................................................................................... 20
Legislative and Policy Framework ................................................................................................ 24
Green Building Requirements ................................................................................................. 25
Guiding Principles for Federal Leadership in High Performance Sustainable
Buildings ........................................................................................................................ 26
Renewable Energy Goal .......................................................................................................... 27
Energy Efficiency Provisions .................................................................................................. 28
Programs and Activities of Selected Federal Agencies ................................................................. 29
Select Green Building-Related Programs at Federal Agencies ............................................... 30
Assessing Green Building Efforts ................................................................................................. 32
Market Penetration .................................................................................................................. 32
Cost ......................................................................................................................................... 33
Performance ............................................................................................................................ 36
Factors Affecting Performance ......................................................................................... 36
Selected Studies for Energy .............................................................................................. 38
Selected Studies: Health Performance .............................................................................. 40
Measurement ........................................................................................................................... 41
Progress Toward Federal Goals............................................................................................... 43
Issues for Congress ........................................................................................................................ 45
Federal Green Buildings: Oversight and Legislation .............................................................. 45
Adoption and Implementation of Green Building................................................................... 46
Financial Incentives .......................................................................................................... 46

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Green Building Overview and Issues

Codes and Standards ......................................................................................................... 46
Priorities Among Elements of Green Building ....................................................................... 47
Knowledge Base and Workforce Development ...................................................................... 47
Special-Use Buildings ............................................................................................................. 48

Figures
Figure 1. Selected Agency Progress Toward Selected Green Building Goals for FY2019 ........... 44

Tables
Table 1. Selected Policies Related to Green Building ................................................................... 24
Table 2. Percentages of Total Federal Building Floorspace Owned or Leased Under the
Jurisdiction of Selected Agencies, 2016 ..................................................................................... 30

Appendixes
Appendix. Federal Green Building Programs ............................................................................... 49

Contacts
Author Information........................................................................................................................ 57

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Introduction
The environmental impacts of human activity have been a source of controversy and concern for
many years. Much of the focus over that time has been on impacts such as pollution and the
destruction or degradation of wildlife habitats and ecosystems. Over the past few decades,
however, concerns have increased greatly about greenhouse gases, resource depletion, and
degradation of ecological services such as water supply. Over that time, the impacts of buildings
have come under increasing scrutiny.
There are many different kinds of buildings—residential, commercial, government, and those
with special uses such as schools and hospitals—and they form a large and core component of the
nation’s infrastructure. The construction, characteristics, operation, and demolition of buildings
are now recognized as a major source of environmental impact, including direct effects on the
humans who use them. U.S. buildings consume vast amounts of resources annually in the form of
electricity for lighting and temperature control, drinkable water for indoor and outdoor use, and
construction materials with diverse supply chains and manufacturing processes; they also produce
substantial waste streams throughout their life cycles, from construction to daily operations to
demolition. Such resource use can impose high environmental and financial costs. For example,
residential and commercial buildings account for about 40% of energy consumption in the United
States, producing approximately 35% of anthropogenic greenhouse gas emissions, and costing
consumers more than $420 billion a year in energy bills.1
A portion of those combined energy bills can be attributed to a lack of energy efficiency. How
energy efficient a building must be is set by building energy codes. Energy codes assure that
energy use and emissions are both being reduced over the life of a newly built or renovated
building. Total annual energy savings directly related to model building energy codes are
estimated at $5.6 billion in 2019 dollars.2 Energy codes are not set at the federal level, but
adopted and enforced by local and state governments. They are a subset of a larger group of
building codes (e.g., fire, safety) that regulate almost every aspect of a building’s operation,
maintenance, and lifecycle. This regulation is seen by many as necessary due to the impact the
built environment has on the natural environment and the building occupants.
A building’s location and interaction with its surrounding environment influences its ecological
and human health impacts. Buildings create impervious surfaces that can have substantial effects
on stormwater management and associated health and environmental impacts. A building’s
proximity to public transportation affects the energy required to transport occupants to and from
the premises. If an office is not accessible by walking or public transit, for example, occupants
may need to commute by car, contributing to traffic delays, smog, and greenhouse gas emissions.
Occupant health and productivity is also affected by building features that determine indoor air
quality. People spend almost 90% of their time indoors, and the air in buildings often has
1 Department of Energy (DOE), Energy Information Administration (EIA), “Table A2. Energy Consumption by Sector

and Source,” Annual Energy Outlook 2021, February 2021, https://www.eia.gov/outlooks/aeo/excel/aeotab_2.xlsx;
DOE, EIA, “Table A3. Energy Prices by Sector and Source,” Annual Energy Outlook 2021, February 2021,
https://www.eia.gov/outlooks/aeo/excel/aeotab_3.xlsx; and DOE, EIA, “Table A18. Energy-Related Carbon Dioxide
Emissions by Sector and Source,” Annual Energy Outlook 2021, February 2021, https://www.eia.gov/outlooks/aeo/
excel/aeotab_18.xlsx.
2 O.V. Livingston, P.C. Cole, and D.B. Elliott, et al., Building Energy Codes Program: National Benefits Assessment,
1992-2040, Pacific Northwest National Laboratory, PNNL-22610, October 2013, p. 5.1. CRS adjusted the dollars from
$5.0 in 2012 dollars according to U.S. Bureau of Economic Analysis, Gross Domestic Product: Chain-Type Price Index
[GDPCTPI], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/GDPCTPI,
December 23, 2020.

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substantially higher concentrations of pollutants than the air outside, contributing in extreme
cases to a phenomenon known as “sick building syndrome.”3 In light of the Coronavirus Disease
2019 (COVID-19) pandemic, concerns over occupant health also include the potential risks of
transfer of airborne pathogens in indoor spaces.4
These and other undesirable environmental and health impacts can be addressed for construction,
renovation, and operations of both new and existing buildings. Green building is a tool for
transforming the ways in which buildings are designed, built, operated, and demolished that has
generated substantial interest in recent decades. Since emerging as a relatively novel concept in
the 1990s, green building has grown into what many consider a respected approach to building,
with an increasing number of stakeholders. They include, among others, private construction
firms, building owners and occupants, green building certification and standards-developing
organizations, federal and state lawmakers, local code officials, and a variety of government
agencies. Policies by these green building stakeholders can come in many forms and include
goals such as reduction of energy consumption and greenhouse gas emissions, or increasing
energy efficiency and incorporating on-site renewable energy generation.
This report discusses the concept of green building, related major federal policies and programs,
and associated issues. Topics covered include how green building is defined, what it consists of,
the major areas of environmental impact it seeks to address, an overview of the tools available for
ensuring that a building conforms to green criteria, outstanding issues in the implementation of
green building, an overview of the major statutory and executive authorities that address it, and
programs in federal agencies that involve one or more elements related to it.

What Is Green Building?
Environmentally sensitive building is not a particularly recent phenomenon,5 but the modern
practice of green building began emerging in the 1990s. One milestone in the United States was
the formation in 1990 of the Committee on the Environment within the American Institute of
Architects (AIA),6 followed within a few years by the founding of the U.S. Green Building
Council (USGBC)7 and other organizations. The most prominent federal green building project in
3 N. Klepeis, W C. Nelson, W R. Ott, J. P. Robinson, A. M. Tsang, P. Switzer, J V. Behar, S C. Hern, and W H.

Engelmann. “The National Human Activity Pattern Survey (NHAPS): A Resource for Assessing Exposure to
Environmental Pollutants,” Journal of Exposure Analysis and Environmental Epidemiology, vol. 11, no. 3 (2001), pp.
231-252.
4 Centers for Disease Control and Prevention (CDC), Interim Guidance for Businesses and Employers Responding to
Coronavirus Disease 2019 (COVID-19), May 2020, May 6, 2020, https://www.cdc.gov/coronavirus/2019-ncov/
community/guidance-business-response.html; CDC, COVID-19 Employer Information for Office Buildings, July 9,
2020, https://www.cdc.gov/coronavirus/2019-ncov/community/office-buildings.html; ASHRAE,
Filtration/Disinfection, https://www.ashrae.org/technical-resources/filtration-disinfection#airborne; Occupational
Safety and Health Administration, Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020, 2020, pp.
12-13, https://www.osha.gov/Publications/OSHA3990.pdf.
5 For a brief history, see, for example, Robert Cassidy, ed., “White Paper on Sustainability,” Building Design and
Construction Supplement, November 2003, 48 p., https://www.bdcnetwork.com/sites/default/files/
BD%2BC%202003%20White%20Paper%20on%20Sustainability.pdf; Osman Attmann, Green Architecture: Advanced
Technologies and Materials, McGraw-Hill’s GreenSource Series (New York: McGraw-Hill, 2010).
6 American Institute of Architects (AIA), “AIA/COTE: A History Within a Movement,” 2008, https://network.aia.org/
committeeontheenvironment/home/cotehistory.
7 The U.S. Green Building Council (http://www.usgbc.org) is a U.S. nonprofit cross-sector organization (including
representatives of industry, government, and academia) founded in 1993. The Sustainable Buildings Industry Council
(https://www.nibs.org/?page=sbic), a trade association, also became involved in green building in the 1990s. The

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that decade was the “Greening of the White House.”8 From those beginnings, the concept of
green building has expanded to encompass both the movement to promote environmentally
conscious design principles and the set of practices and strategies by which builders seek to
reduce harmful impacts of the built environment.
There is no single consensus definition of green building; efforts exist along a design and
performance continuum. What some call green building is barely distinguishable from standard
building practices. At the extreme, the term can be used in an almost meaningless way, purely as a
marketing tool. Such practices are sometimes called “greenwashing.”9
In contrast, some practitioners aim to provide buildings with environmental impacts that are
greatly reduced from those of typical buildings. Examples include the so-called “zero-impact”
building, which is intended to have no net environmental impact, including but not limited to netzero energy use; and the “minus-impact” building, which would provide a net environmental
benefit. Most green building efforts have less ambitious reduction goals.
In general, green building might best be characterized as an integrated approach to building
design, construction, and operations that significantly reduces the environmental footprint of
buildings in comparison to standard practices. The environmental footprint is the overall impact
of a structure or activity on the environment, including the human environment.10
This characterization captures two common features of the various meanings given to the term.
First, green is a relative concept—a green building is one that is greener than average, and as
more green buildings are constructed, the performance requirements for a green building
increase.11 Second, it is not limited to only one factor, such as energy consumption, but involves
integration across several, as is discussed below. The green building approach can be applied to
any class of building: large or small, commercial or residential.
Green builders seek to achieve improvements in environmental performance through a variety of
techniques and strategies, from the implementation of innovative technologies (such as energyefficient heating and cooling systems) to design features intended to influence occupant behavior
(such as placing stairways prominently to encourage their use). Some of these techniques will be
discussed in more detail below. Decisions about which of these techniques will be used are often
made in the design and planning phase, but can impact the environmental footprint of a building

international World Green Building Council (http://www.worldgbc.org) was founded several years later, in 1999. That
organization and others, such as the International Initiative for a Sustainable Built Environment (http://www.iisbe.org)
may be especially important for green building in China, India, and other developing nations.
8 See The White House, “Greening of the White House,” November 1999, http://clinton4.nara.gov/Initiatives/Climate/
WHgreening.html.
9 Greenwashing refers to the false or exaggerated promotion of a product as green or sustainable.
10 See, for example, Commission for Environmental Cooperation, “Green Building in North America,” 2008,
http://www3.cec.org/islandora/en/item/2335-green-building-in-north-america-opportunities-and-challenges-en.pdf.
Related terms include ecological footprint, which refers to impacts on ecosystems, often measured as the acreage
required to absorb the impact; see for example, Aaron Best et al., “Potential of the Ecological Footprint for Monitoring
Environmental Impacts from Natural Resource Use” (European Commission, DG Environment, May 2008),
http://ec.europa.eu/environment/archives/natres/pdf/footprint.pdf; and Global Footprint Network, “Ecological
Footprint,” 2017, http://www.footprintnetwork.org/our-work/ecological-footprint/. Another term is carbon footprint,
which can be characterized as the net amount of greenhouse gases being produced as a result of an activity; see, for
example, James Morton Turner, “Counting Carbon: The Politics of Carbon Footprints and Climate Governance from
the Individual to the Global,” Global Environmental Politics 14, no. 1 (2014), pp. 59–78.
11 The “moving target” of performance requirements can result in older green buildings losing their “green” status
without undergoing renovations to meet new green performance targets.

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throughout its lifecycle. As a result, green building techniques are most often applied to new
construction, though there is a growing incidence of green renovation and retrofit projects.
The term green building is often used interchangeably with others such as sustainable building,
and that practice is followed in this report. However, the terms may also be used in ways that are
not exactly synonymous. For example, sustainable building may be described as a form of green
building, but with a more stringent goal of indefinitely maintaining environmental footprints that
are small enough that they will not impede future human activity and the functioning of
ecosystems.12
Another term often used interchangeably with green building is high-performance building.
However, high-performance building usually involves other factors such as security in addition to
environmental ones. There are two federal statutory definitions:
a building that integrates and optimizes all major high-performance building attributes,
including energy efficiency, durability, life-cycle performance, and occupant
productivity,13

and
a building that integrates and optimizes on a life cycle basis all major high performance
attributes, including energy conservation, environment, safety, security, durability,
accessibility, cost-benefit, productivity, sustainability, functionality, and operational
considerations.14

Additional objectives may also be considered in the design of high-performance buildings,
including aesthetics and historical preservation.15
Section 401 of the Energy Independence and Security Act (EISA) of 2007 (P.L. 110-140, 42
U.S.C. §17061(13)) further refined the concept by establishing a detailed definition for a highperformance green building. According to Section 401 of EISA, a high-performance green
building
means a high-performance building that, during its life-cycle, as compared with similar
buildings (as measured by Commercial Buildings Energy Consumption Survey or
Residential Energy Consumption Survey data from the Energy Information Agency)—
(A) reduces energy, water, and material resource use;
(B) improves indoor environmental quality, including reducing indoor pollution,
improving thermal comfort, and improving lighting and acoustic environments that affect
occupant health and productivity;
(C) reduces negative impacts on the environment throughout the life-cycle of the building,
including air and water pollution and waste generation;
(D) increases the use of environmentally preferable products, including biobased, recycled
content, and nontoxic products with lower life-cycle impacts;
(E) increases reuse and recycling opportunities;

12 These characterizations draw most heavily on descriptions in some documents from the Building Science

Corporation (http://www.buildingscience.com/index_html). Some observers may argue for other characterizations of
“sustainable building,” such as “zero-impact.”
13 42 U.S.C. §16194(a).
14 42 U.S.C. §17061(12).
15 Dan Prowler and Stephanie Vierra, “Whole Building Design,” Whole Building Design Guide, August 17, 2017,
http://www.wbdg.org/resources/whole-building-design.

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(F) integrates systems in the building;
(G) reduces the environmental and energy impacts of transportation through building
location and site design that support a full range of transportation choices for users of the
building; and
(H) considers indoor and outdoor effects of the building on human health and the
environment, including—
(i) improvements in worker productivity;
(ii) the life-cycle impacts of building materials and operations; and
(iii) other factors that the Federal Director or the Commercial Director consider to be
appropriate.

Elements of Green Building
Descriptions of green building generally focus on specified elements.16 Commonly cited elements
are energy, water, materials, waste, and health.17 Another is siting, particularly with respect to
transportation, ecology, smart growth, and resiliency.18 The siting element has increased in
prominence over the last several years as more attention has focused on the built environment
beyond the building itself and as climate change has increased the frequency of natural disasters
in primarily coastal regions. Lastly, serviceability is included explicitly among the objectives for
high-performance buildings, which may also consider other elements such as disaster and climate
resilience.19
The goals of a given green building project may vary depending on the needs of the stakeholders,
including a building’s expected occupants. As a result, different elements may be prioritized in
different projects. Local factors such as climate zone and flood risk may influence the design
process in ways that affect the relative emphasis placed on the various elements discussed below.
Emphasis on increased performance in one element may come at the expense of decreased
performance in another element. Many green building elements are interdependent. For example,
material selection for environmentally preferable products can affect occupant health, which in
turn can affect productivity. A building with on-site renewable energy generation may be wellprepared to function during periods when power is unavailable from utilities, such as after a

16 These elements may also be referred to by other terms such as attributes, life-cycle parameters, performance areas, or

impact categories.
17 Different sources may emphasize different factors. For example, the Environmental Protection Agency (EPA) lists
the following components: energy efficiency and renewable energy, water efficiency, environmentally preferable
building materials and specifications, waste and toxics reduction, indoor air quality, and smart growth and sustainable
development (Environmental Protection Agency, “Components of Green Building,” February 20, 2016,
https://archive.epa.gov/greenbuilding/web/html/components.html). The Living Future Institute has developed the
“Living Building Certification” with seven “performance areas”: place, energy, materials, water, health and happiness,
equity, and beauty (International Living Future Institute, “Living Building Challenge,” 2017, https://living-future.org/
lbc/).
18 Smart growth is defined differently by different organizations, but it generally refers to a common a set of planning
strategies aimed at managing growth to improve livability and economic viability while reducing environmental
impact. For a detailed discussion, see Environmental Protection Agency, “Our Built and Natural Environments, A
Technical Review of the Interactions Among Land Use, Transportation, and Environmental Quality, Second Edition,”
June 2013, https://www.epa.gov/smartgrowth/our-built-and-natural-environments.
19 Most descriptions do not explicitly include a serviceability, productivity, or functionality element, but that may be
because those would be commonly expected to be integral elements of any building design.

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natural disaster. On-site stormwater management can facilitate the provision of other ecological
services.

Energy
A reduced energy footprint is probably the most widely cited element of green building.20
Techniques include





energy efficiency and conservation,21 through such means as energy-efficient
appliances and lighting, weatherization,22 and daylighting;23
use of alternative, renewable sources of energy, such as solar or geothermal
power or combustion of biomass;
utilization of energy storage technologies, often in combination with on-site
renewable energy generation; and
participation in smart-grid innovations, such as demand-response programs.24

Energy is widely considered a crucial element because of the economic costs and environmental
impacts associated with energy use. In a 2015 report on energy technologies, the Department of
Energy (DOE) estimated that buildings using the best available energy efficiency technologies
would consume about half as much energy on average as those in the current building stock.25
Federal law sets numeric requirements for reductions in energy use by federal buildings.26
Although the energy intensity27 of such buildings declined by more than 25% from 2003 to 2019,
in 2019 the federal government did not meet the federal goal of a 30% reduction in energy
intensity compared with a 2003 baseline.28
An ambitious energy reduction target for buildings is net-zero energy consumption. A Net-Zero
Energy Building (NZEB) meets all of its energy consumption requirements through a
combination of energy efficiency and the use of onsite renewable energy sources such as wind,
20 See, for example, Government Accountability Office, “Green Building: Federal Initiatives for the Nonfederal Sector

Could Benefit from More Interagency Collaboration,” GAO-12-79, November 2, 2011, http://www.gao.gov/products/
GAO-12-79; Alex Lukachko and Joseph W. Lstiburek, “Towards Sustainability—Green Building, Sustainability
Objectives, and Building America Whole House Systems,” Research Report (Building Science Corporation, February
8, 2008), https://buildingscience.com/documents/bareports/ba-0801-towards-sustainability-green-buildingsustainability-objectives-and-building-america-whole-house-systems-research/view. This report compared the different
emphases among several national green building programs for residences. It found that energy efficiency was the only
issue that was a primary focus for all, with indoor environmental quality the next most important.
21 Energy efficiency means using less energy to perform the same function, whereas energy conservation refers to
practices that reduce consumption, often by changing behavior. Using a lightbulb that produces the same amount of
light with less energy would be an example of energy efficiency, while turning off the light when leaving a room would
be an example of energy conservation.
22 Weatherization is the process of fortifying a building, usually a home, from the natural elements (precipitation,
sunlight, wind, etc.) to reduce energy consumption and increase energy efficiency.
23 Daylighting refers to the practice of designing windows and skylights to utilize sunlight for indoor lighting needs.
24 See the textbox “Smart Buildings and the Internet of Things” below for more on demand-response and building
smart-grid integration.
25 DOE, “Quadrennial Technology Review: An Assessment of Energy Technologies and Research Opportunities,”
September 2015, https://energy.gov/sites/prod/files/2017/03/f34/quadrennial-technology-review-2015_1.pdf.
26 See the section on “Legislative and Policy Framework” below.
27 Building energy intensity is measured in annual British thermal units (Btu) per gross square foot.
28 Office of Federal Sustainability, “Facility Energy Use,” https://www.sustainability.gov/government_data.html#btu.

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biofuels, and geothermal power. NZEBs may sometimes rely on delivered energy from an energy
network such as the electricity grid, but they produce and export enough renewable energy to the
network to fully offset what they draw from it. EISA directed DOE to establish an initiative to
develop net-zero energy commercial buildings, with the goal of achieving net-zero energy in all
U.S. commercial buildings by 2050.
Given its importance, energy is sometimes mistakenly treated as the predominant or even the sole
element to be considered in green building. However, while a green building almost always
addresses the energy element, a building that focuses solely on energy may not be a green
building: It could have other environmental impacts that outweigh any benefits from its reduced
use of energy.29
Smart Buildings and the Internet of Things
Increasingly, green building design is incorporating internet-connected technologies. The spread of Internet access
and falling prices for web-enabled technologies have given rise to what has become known as the “Internet of
Things” (IoT). The term refers to networks of “smart” objects that communicate with each other and with
computers through the internet. A smart object is any noncomputer device with a unique identifier and internet
connectivity. The IoT and smart technologies have impacted the operations of sectors, such as manufacturing,
transportation, energy, and government services. In the context of buildings, IoT has led to the development of a
new generation of “smart buildings.”30
Smart buildings incorporate resource monitoring, data analytics, and automation to manage building operations
more efficiently.31 More than 80% of the energy used by a building throughout its life, from construction to
demolition, is associated with operations.32 Examples of smart building technologies that target environmental
performance include networked energy and water meters, connected thermostats, and automated leak and faultdetection sensors, all of which can be used in concert to optimize a building’s resource use.33 Building systems may
also be networked with the electricity grid, water infrastructure, and waste collection systems to leverage
operational efficiencies at the campus, neighborhood, or city scale.34 For instance, buildings can monitor and
respond to real-time electricity pricing signals from the grid to shift consumption to periods of low demand and
high supply. This process is known as demand-response, and it can be used by smart grids to reduce the use of
inefficient power plants during periods of peak demand, increasing efficiency and minimizing overall emissions of
pollutants.
Smart building technologies and fully integrated building systems have the potential to reduce the amount of
operational energy consumed in a building. Congress may wish to facilitate the development and adoption of these
technologies. One option could be to increase funding for federal R&D programs in building technologies. Other

29 For example, some energy-efficiency measures may also negatively impact indoor air quality. For examples of other

impacts that potentially outweigh savings from energy efficiency, see Alex Wilson and Rachel Navaro, “Driving to
Green Buildings,” Environmental Building News 16, no. 9 (2007): 1–18, http://search.ebscohost.com/login.aspx?
direct=true&db=eih&AN=26824144&site=ehost-live.
30 CRS Report R44227, The Internet of Things: Frequently Asked Questions, by Patricia Moloney Figliola.
31 The Energy Act of 2020 (Division Z of the FY2021 Omnibus and COVID Relief and Response Act, P.L. 116-260)
defines “smart building” as “ a building, or collection of buildings, with an energy system that—(A) is flexible and
automated; (B) has extensive operational monitoring and communication connectivity, allowing remote monitoring and
analysis of all building functions; (C) takes a systems-based approach in integrating the overall building operations for
control of energy generation, consumption, and storage; (D) communicates with utilities and other third-party
commercial entities, if appropriate; (E) protects the health and safety of occupants and workers; and (F) incorporates
cybersecurity best practices.”
32 National Institute of Standards and Technology, “Embedded Intelligence in Buildings Program,” July 17, 2017,
https://www.nist.gov/programs-projects/embedded-intelligence-buildings-program.
33 Jennifer King and Christopher Perry, “Smart Buildings: Using Smart Technology to Save Energy in Existing
Buildings,” American Council for an Energy-Efficient Economy, Feb 2017, https://www.aceee.org/sites/default/files/
publications/researchreports/a1701.pdf,
34 Jim Sinopoli, “Smart Controls,” Whole Building Design Guide, August 15, 2016, https://www.wbdg.org/resources/
smart-controls.

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options could include authorizing a program specifically for smart building technologies or providing incentives to
encourage the adoption of smart building technologies.

Water
Reducing water usage in buildings can provide cost savings. It can also aid management of water
resources, especially in arid areas and in response to periodic drought elsewhere.35 Reductions
can be achieved through such measures as reduced-flow plumbing fixtures,36 recycling of
wastewater,37 and xeriscaping.38
Water management may also include how the building and associated land handle rain, on-site
water, and run-off. Development designed to ensure that the way a site handles water is similar to
how it did so before development is called low-impact development, which “uses natural and
engineered infiltration and storage techniques to control stormwater where it is generated.”39
Among the methods used are reduction in impervious surfaces through landscaping, use of porous
materials and green roofs, and use of holding ponds, swales, rain gardens, and similar measures.
Such techniques for water management are sometimes referred to collectively as green
infrastructure (see the section on “Environmental Protection Agency,” below).

Materials
The materials used in a building, during both construction and operations, can contribute
substantially to the building’s environmental footprint. The choice and use of materials affects
resource depletion, pollution, embodied energy,40 embodied carbon,41 and health.
“Environmentally preferable” or “green-labelled” products can reduce the impact. Such materials
may have significant recycled content, be made from renewable biological resources (so-called
“biobased” products), or be created with processes that use low amounts of energy and produce
low amounts of pollutants.42 The energy intensity of making, packaging, and transporting a
product is its embodied energy. Since the energy used to create the products is most likely carbon35 See CRS Report R43407, Drought in the United States: Causes and Current Understanding, by Peter Folger.
36 Federal manufacturing standards for certain plumbing products were established by the Energy Policy Act of 1992

(P.L. 102-486).
37 Much wastewater from buildings can be reused in other applications on site, although some treatment may be
required or preferred. For example, grey water, which is residential wastewater from sources other than kitchens and
toilets, can be reused for irrigation and in toilets.
38 Xeriscaping is landscaping that eliminates the need for supplemental water from irrigation.
39 Anne Guillette, “Low Impact Development Technologies,” Whole Building Design Guide, November 3, 2016,
http://www.wbdg.org/resources/low-impact-development-technologies. Low-impact building is sometimes used as a
synonym for low-impact development and sometimes as a synonym for green or sustainable building.
40 For a discussion of the term in the context of building construction, see Ben McAlinden, “Embodied Energy and
Carbon,” Institution of Civil Engineers (ICE), May 15, 2015, https://www.ice.org.uk/knowledge-and-resources/
briefing-sheet/embodied-energy-and-carbon.
41 Embodied Carbon is defined similarly to embodied energy as the summation of all carbon emissions that are
associated, directly or indirectly, with the delivery of a service or product.
42 Some federal agencies have developed guidance for obtaining such products (see, for example, Environmental
Protection Agency, “Sustainable Marketplace: Greener Products and Services,” March 9, 2017, https://www.epa.gov/
greenerproducts; General Services Administration, Sustainable Facilities Tool, “Green Procurement Compilation,”
2017, https://sftool.gov/greenprocurement; U.S. Department of Agriculture, “BioPreferred,” 2017,
https://www.biopreferred.gov/BioPreferred/).

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based like coal, natural gas, gasoline, etc., the higher the embodied energy of a product, the
higher the embodied carbon. The production of concrete, which is a common building material,
contributes as much as 10% of global carbon emissions.43 For some buildings, a portion of the
concrete could include less energy-intensive materials such as fly ash, slag sand, and even
recycled glass.44 Even more advanced concrete technology is being developed that can actually
sequester carbon dioxide through reaction with naturally found minerals, a process known as
carbonation.45 Building materials may also be designed to reduce health risks such as those from
formaldehyde and other volatile organic compounds (VOCs).
There is some debate about what constitutes an environmentally preferable material. The lack of a
consistent vocabulary for describing the sustainability attributes of materials, as well as
inconsistencies in the measurement methodologies and reporting frameworks used by various
eco-labelling systems, can make it difficult to determine whether a given material is preferable to
a substitute.46

Waste
The environmental impacts from a building’s waste stream over its life cycle can be mitigated by
waste-reduction efforts, which fall broadly into four main categories: source reduction, reuse,
recycling, and waste-to-energy.47 The U.S. Environmental Protection Agency estimated that in
2017 569 million tons (U.S. short tons) of construction and demolition (C&D) debris were
generated in the United States from construction, renovation, and demolition activities, which is
more than two times the amount of municipal solid waste generated in the same year (268 million
tons).48 Construction and demolition debris can be reduced through more efficient use of
Siegel, R.P. “Low-Carbon Concrete Can Fight Global Warming,” American Society of Mechanical Engineers,
February 18, 2020, https://www.asme.org/topics-resources/content/low-carbon-concrete-can-fight-global-warming.
44 Ehrlich, Brent. “A New Standard for Replacing Cement with Recycled Glass,” GreenBuilding, June 8, 2020,
https://www.buildinggreen.com/newsbrief/new-standard-replacing-cement-recycled-glass; Kim et al. “Assessment of
the CO2 Emission and Cost Reduction Performance of a Low-Carbon-Emission Concrete Mix Design Using an
Optimal Mix Design System,” Renewable and Sustainably Energy Reviews, vol. 25, September 2013, pp. 729-741,
https://doi.org/10.1016/j.rser.2013.05.013.
45 Kashef-Haghighi, Sormeh; Ghoshal, Subhasis. “CO2 Sequestration in Concrete through Accelerated Carbonation
Curing in a Flow-Through Reactor,” Industrial and Engineering Chemistry Research, vol. 49, no. 3, 2010, pp. 1143–
1149, https://doi.org/10.1021/ie900703d.
46 Jorge L. Contreras, Meghan Lewis, and Hannah Roth, “Toward a Rational Framework for Sustainable Building
Materials Standards,” Standards Engineering 63, no. 5 (September 2011), https://www.researchgate.net/profile/
Jorge_Contreras12/publication/228311359_Toward_a_Rational_Framework_for_Sustainable_Building_Materials_
Standards/links/576bdd1908aead4e3adcfd2c.pdf. See also “Programs and Activities of Selected Federal Agencies,”
below, for a discussion of some of the federal programs aimed at developing standards for, and facilitating the
procurement of, environmentally-preferable materials.
47 Waste-to-energy refers to the recovery of usable forms of energy from waste materials through processes such as
combustion, gasification, and others. EPA ranks waste management strategies from most to least preferred as follows:
source reduction and reuse, recycling/composting, energy recovery/waste-to-energy, and treatment and disposal
(Environmental Protection Agency, “Sustainable Materials Management: Non-Hazardous Materials and Waste
Management Hierarchy,” August 10, 2017, https://www.epa.gov/smm/sustainable-materials-management-nonhazardous-materials-and-waste-management-hierarchy).
48 The estimate for construction and demolition debris accounted for waste generated from construction, renovation,
and demolition of buildings, roads, and bridges. Municipal solid waste—commonly referred to as trash—can include
waste packaging, food, yard trimmings, electronics, and large bulk items such as furniture and appliances. See
Environmental Protection Agency (EPA), Advancing Sustainable Materials Management: 2017 Fact Sheet: Assessing
Trends in Material Generation, Recycling, Composting, Combustion with Energy Recovery and Landfilling in the
United States, November 2019, https://www.epa.gov/sites/production/files/2019-11/documents/
43

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materials (source reduction) and recycling or reuse of waste products.49 In addition to
construction, renovation, and demolition activities, buildings also can generate waste during
normal operations and maintenance. Some options to reduce waste generated during operations
and maintenance can be pursued during the design and construction stage of a building while
other options may require occupant engagement and participation. For example, landscaping can
be designed to recycle waste such as lawn clippings through mulching and composting and to
reduce or eliminate applied chemicals for grounds maintenance. The installation of highefficiency boilers and furnaces can reduce the emission of atmospheric pollutants. Building
owners also could engage occupants in waste diversion efforts through programs to encourage
recycling, composting, or otherwise reducing waste generation.

Health
Several factors can influence the health impacts of buildings. For some, the health effects are
obvious, such as the presence of indoor air pollutants like mold, radon, carbon monoxide,
asbestos, and VOCs. Indoor air quality (IAQ) can have a significant impact on occupant health,
given that people spend a large amount of their time indoors.50 Primary techniques for
maintaining high IAQ include ensuring adequate ventilation; providing air filtration; and using
materials without heavy metals, VOCs, asbestos,51 or other potentially toxic substances. Beyond
IAQ, the overall indoor environmental quality (IEQ) may also have significant impacts on the
health of building occupants.52
In light of the COVID-19 pandemic, there is increased interest in the interconnections between
building ventilation and public health. According to the Centers for Disease Control and
Prevention, most infections of SARS-CoV-2 (the coronavirus that causes COVID-19) are spread
through close contact, not airborne transmission; however, circumstances under which airborne
transmission of the coronavirus appears to have occurred include enclosed spaces, prolonged
exposure to respiratory particles, and inadequate ventilation or air handling.53 Poor ventilation in
buildings, including a lack of sufficient fresh outdoor air, has been linked with transmission of the
virus.54 Increasing outdoor air ventilation may decrease transmission rates of airborne illnesses
like COVID-19; however, this should be weighed against other potential risks in areas with high
concentrations of air pollution.55
2017_facts_and_figures_fact_sheet_final.pdf.
49 Environmental Protection Agency, “Sustainable Management of Construction and Demolition Materials,” June 30,
2017, https://www.epa.gov/smm/sustainable-management-construction-and-demolition-materials.
50 EPA defines IAQ as the air quality within and around buildings and structures, as it relates to the health and comfort
of occupants. For more information, see Environmental Protection Agency, “Introduction to Indoor Air Quality,” 2020,
https://www.epa.gov/indoor-air-quality-iaq/introduction-indoor-air-quality.
51 Asbestos is present in many older buildings and is still used in some construction materials (Environmental
Protection Agency, “Learn About Asbestos,” December 19, 2016, https://www.epa.gov/asbestos/learn-about-asbestos).
52 GSA defines IEQ, very simply, as the conditions within a building. Most often, this usually includes factors such as
IAQ, lighting, acoustics, temperature and humidity, and amount of open space. For more information on IEQ, visit
General Services Administration, Sustainable Facilities Tool, “Indoor Environmental Quality (IEQ),” 2017,
https://sftool.gov/learn/about/1/indoor-environmental-quality-ieq.
53 Centers for Disease Control and Prevention (CDC), “Scientific Brief: SARS-CoV-2 and Potential Airborne
Transmission,” October 5, 2020, https://www.cdc.gov/coronavirus/2019-ncov/more/scientific-brief-sars-cov-2.html.
54 Lu J, Gu J, Li K, et al. “COVID-19 Outbreak Associated with Air Conditioning in Restaurant, Guangzhou, China,
2020,” Emerging Infectious Diseases, vol. 26, no. 7 (2020), pp. 1628-1631, doi:10.3201/eid2607.200764.
55 L.D. Knibbs, L. Morawaska, S.C. Bell, P. Grzybowksi, “Room Ventilation and the Risk of Airborne Infection
Transmission in 3 Health Care Settings Within a Large Teaching Hospital,” American Journal of Infection Control,

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Outsized emphasis on energy efficiency, without careful consideration of the potential effects on
IAQ, has been shown to reduce ventilation rates in green buildings.56 One of the most common
methods for reducing energy costs is by sealing the building envelope to reduce the amount of
heat loss or gain from the building. This practice of reducing air leaks stops indoor air from
escaping the building and taking with it the energy used to maintain the temperature of the air.
However, in doing this without also increasing ventilation, the air can become more stagnant and
air pollutants can accumulate. Despite the potential risk of poorer IAQ, green buildings have
shown the potential to outperform standard buildings in terms of IAQ and overall occupant health
(see “Selected Studies: Health Performance” section for more information).

Siting
Where a building is situated can have significant effects on its environmental footprint.57 For
example, siting of buildings near transportation hubs can facilitate the use of public transportation
and reduce impacts from private automobiles. Site selection may also take into account the
ecological sensitivity of potential sites, to minimize adverse impacts on ecological services58 and
native species of plants and animals. The orientation of building and surface in relation to the sun
and general wind direction, and the building’s proximity to trees and other plantings, affect its
heating and cooling requirements.
Climate-related risk factors may also be incorporated into siting decisions. Risks from sea-level
rise, flooding, and extreme weather events, all of which may be affected by climate change, are of
increasing concern to builders, particularly in coastal areas.59 Resilience to these hazards can
increase the useful life of a building and allow it to function when other public services like
transportation and utilities are not available. For this reason, the Government Accountability
Office (GAO) recommended in 2016 that there should be a government wide effort to “provide
the best available forward-looking climate information to standards-developing organizations for
their consideration in the development of design standards, building codes, and voluntary

vol. 39, no. 10 (2011), pp. 866-872, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7115323/; G. Buonanno, L.
Stabile, and L. Morawska, “Estimation of Airborne Viral Emission: Quanta Emission Rate of SARS-CoV-2 for
Infection Risk Assessment,” Environment International, vol. 141 (2020), 105794. https://doi.org/10.1016/
j.envint.2020.105794; T. Ruan, D. Rim, “Indoor Air Pollution in Office Buildings in Mega-Cities: Effects of Filtration
Efficiency and Outdoor Air Ventilation Rates,” Sustainable Cities and Society, vol. 49 (2019), 101609.
56 A.P. Patton, L. Calferon, Y. Xiong, Z. Wang, et al., “Airborne Particulate Matter in Two Multi-Family Green
Buildings: Concentrations and Effect of Ventilation and Occupant Behavior,” International Journal of Environmental
Research and Public Health, vol. 13, no. 1 (2016), p. 144, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4730535/.
See also the NIST Report, Dusting Poppendieck et al., “Long Term Air Quality Monitoring in a Net-Zero Energy
Residence Designed with Low Emitting Interior Products,” Building and Environment, vol. 94 part 1 (December 2015),
pp. 33-42, https://doi.org/10.1016/j.buildenv.2015.07.001.
57 The WBDG Sustainable Committee, “Optimize Site Potential,” Whole Building Design Guide, May 18, 2017,
http://www.wbdg.org/design-objectives/sustainable/optimize-site-potential.
58 Ecological services refer to services that natural sites in their undeveloped state may provide such as air and water
purification, erosion control, recreation, and habitat for beneficial plants, animals, and microorganisms. Site
development using standard design and construction practices can severely reduce such services.
59 For a discussion of how sea-level rise impacts coastal development, see CRS Report R44632, Sea-Level Rise and
U.S. Coasts: Science and Policy Considerations, by Peter Folger and Nicole T. Carter. For a discussion of coastal
resilience to flooding, see CRS In Focus IF10225, Coastal Flood Resilience: Policy, Roles, and Funds, by Nicole T.
Carter, Harold F. Upton, and Francis X. McCarthy. For a discussion of climate-change science and impacts, see CRS
Report R43229, Climate Change Science: Key Points, by Jane A. Leggett.

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certifications.”60 Approaches to resilience include such practices as resistant construction;61
locating critical mechanical components on upper levels away from potential flood waters; on-site
backup power generation, such as through solar panels and wind turbines; connection with a
microgrid;62 rainwater harvesting; and water recycling capabilities.
According to the Centers for Disease Control and Prevention, climate change is projected to
increase the duration, severity, and frequency of heat waves in the United States.63 Siting
decisions that preserve pre-development vegetation and add to green spaces around buildings can
improve the surface temperatures of the immediate built environment, which could reduce
cooling-related energy consumption and the energy-associated GHG emissions.64 In addition to
energy, water, and climate related benefits, several studies have found a link between the presence
of vegetation surrounding a building and occupants’ overall health.65

Serviceability
A building that is not useful to its occupants is unlikely to be worth its cost, no matter how small
the environmental footprint. Therefore, productivity and other measures of utility comprise an
important element of green building that is not always discussed. A large percentage of U.S.
workers spend their days in offices, and studies have suggested that IEQ strongly influences
worker comfort and productivity.66
There is some evidence that green buildings can lead to improved productivity among
occupants.67 However, that is not always the case. For example, poor acoustic performance has
been repeatedly observed in certified green buildings, suggesting that trade-offs do sometimes
60 “Improved Federal Coordination Could Facilitate Use of Forward-Looking Climate Information in Design Standards,

Building Codes, and Certifications,” Government Accountability Office, GAO-17-3, February 2016,
https://www.gao.gov/assets/690/681300.pdf.
61 “Resistant construction” often refers to the construction of buildings that can withstand the forces imposed on them
during seismic events; it can more generally refer to construction practices that resist failure from hazards such as
earthquakes, hurricanes, flooding, subsidence, and wildfires.
62 A microgrid is a localized energy grid that can provide energy to communities without being connected to the larger
grid system.
63 “Climate Change and Extreme Heat Events,” Centers for Disease Control and Prevention, pp. 8-9,
https://www.cdc.gov/climateandhealth/pubs/ClimateChangeandExtremeHeatEvents.pdf.
64 Xu et al., “Quantifying the Direct Benefits of Cool Roofs in an Urban Setting: Reduced Cooling Energy Use and
Lowered Greenhouse Gas Emissions,” Building and Environment, vol. 48, February 2012, pp. 1-6, https://doi.org/
10.1016/j.buildenv.2011.08.011.
65 Roe, J.J.; Thompson, C.W.; Aspinall, P.A.; Brewer, M.J.; Duff, E.I.; Miller, D.; Mitchell, R.; and Clow, A., “Green
Space and Stress: Evidence from Cortisol Measures in Deprived Urban Communities,”. International Journal of
Environmental Research and Public Health, 2013, 10, 4086–4103; Vries, S.; Verheij, R.A.; Groenewegen, P.P.; and
Spreeuwenberg, P., “Natural Environments—Healthy Environments? An Exploratory Analysis of the Relationship
Between Greenspace and Health,” Environment and Planning A: Economy and Space, 2003, 35, 1717–1731; Brown,
S.C.; Perrino, T.; Lombard, J.; Wang, K.; Toro, M.; Rundek, T.; and Kardys, J., “Health Disparities in the Relationship
of Neighborhood Greenness to Mental Health Outcomes in 249,405 US Medicare Beneficiaries,” International Journal
of Environmental Research and Public Health, 2018, 15, 430.
66 Yousef Al Horr et al., “Occupant Productivity and Office Indoor Environment Quality: A Review of the Literature,”
Building and Environment 105 (August 2016): 369–89, doi:10.1016/j.buildenv.2016.06.001.
67 Greg Kats et al., “The Costs and Financial Benefits of Green Buildings: A Report to California’s Sustainable
Building Task Force” (Sustainable Building Task Force, October 2003), http://evanmills.lbl.gov/pubs/pdf/
green_buildings.pdf; and Piers MacNaughton et al., “The Impact of Working in a Green Certified Building on
Cognitive Function and Health,” Building and Environment 114 (March 1, 2017): 178–86,
doi:10.1016/j.buildenv.2016.11.041.

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occur between serviceability and other elements. While serviceability is not generally considered
as a separate element in green-building design, it is explicitly identified as an objective for highperformance buildings and has received increasing attention in green certification systems.68

Integration
One of the most salient features of green building is integration. The green building approach
considers integration across (1) elements, to improve performance in multiple impact areas, and
(2) stages, to minimize environmental impacts throughout the building’s lifecycle.69 An integrated
approach that focuses on the whole building can lead to better assessment of the overall
environmental impact of a building. It also permits explicit assessment of and balance among
potentially competing goals, and it allows planners to examine how different elements and stages
interact and to develop an integrated strategy. Integration and performance with respect to several
elements can be enhanced by the appropriate use of information technology in building
operations.70

Balance Among Elements
A focus on one element at the expense of others can be counterproductive. For example, energy
efficiency can be improved by sealing the building envelope to prevent conditioned air from
escaping. But an absence of air exchange can result in increased concentration of pollutants in the
building and can impede moisture control, fostering the development of mold and deterioration of
building materials.71 Addressing both energy efficiency and health requires either a compromise
or technologies such as active ventilation with heat exchange. A green building approach reduces
the risk of unanticipated problems by forcing an examination of how actions affecting each
element impact others, so that an overall optimization can be achieved. Nevertheless, in some
cases, such as many renovations, only one or a few factors might be feasible to address. In other
cases, it may make sense to prioritize certain elements at the expense of others due to cost or
feasibility constraints, local environmental factors, or occupant priorities.

Balance Across Stages
A focus on one stage in the life cycle of a building can lead to savings at that stage but losses at
another. For example, in the absence of sufficient data on the environmental impacts of
developing, manufacturing, installing, using, and eventually disposing of alternative building
materials, a choice that appears to be environmentally sound may in fact not be. Use of concrete
walls provides more insulation on average than use of wood, but has much higher net emissions
of carbon dioxide over its life cycle.72 Far more energy is used in operating a building than in
68 See, for example, Taryn Holowka, “Indoor Environmental Quality and LEED V4,” U.S. Green Building Council,

August 15, 2017, https://www.usgbc.org/articles/indoor-environmental-quality-and-leed-v4.
69 This is called a cradle-to-grave approach.
70 One example of this is the use of interconnected “smart” devices that can communicate via sensors and perform data
analytics without human-machine interfacing. See also, ASHRAE, “An Introduction to Building Information Modeling
(BIM): A Guide for ASHRAE Members,” November 3, 2009, http://cms.ashrae.biz/bim/pdf/
BIMGuide_Rev_110309.pdf.
71 See, for example, the documents available at Building Science Corporation, “Building Science Digests,” 2017,
https://buildingscience.com/document-search?term=&field_doc_topic_tid=All&type%5B%5D=7. Note that inadequate
sealing of a building envelope may also permit external pollutants to enter a building and may compromise moisture
control, depending on climate and other factors.
72 Tables 1.6.2 and 1.6.3 in Department of Energy, “2011 Buildings Energy Data Book,” March 2012,

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constructing one;73 however, choices made during construction may need to be balanced with
planning for the postoccupancy stage. An integrated approach can reduce such problems by
facilitating an assessment of the impact from actions at one stage on all the others.

Green Certifications and Standards
Over the last few decades, formal systems and tools were developed that set criteria for green and
sustainable buildings. Methods were also developed for assessing whether new construction or
renovation projects meet those criteria. The systems and tools fall into one or more of three main
categories: rating systems, certifications, and codes and standards. Rating and certification
systems are voluntary and build upon the minimum requirements for building design and
construction as defined through building codes and standards, which are adopted into law by state
and local governments to ensure the safety of occupants and to optimize building performance.

Green Rating Systems and Certifications
Given the range and interconnections of elements involved, determining whether a building is
green or sustainable is not straightforward—there is no simple metric for determining how well a
building meets the desired criteria. To address this problem, in the 1990s, some professional
organizations in the building sector developed rating and certification systems that helped to
standardize and define green building practices and raised public awareness of them.
The term rating system is often used interchangeably with certification system, although they
refer to somewhat different concepts. Rating systems assign points to buildings for meeting
established criteria in various green building design categories. These points are summed for an
overall score. Often, based on the overall score, the building is assigned to one of a number of
ranked tiers indicating the level of rigor of the criteria this building attains (e.g., Bronze, Silver,
Gold, Platinum). By contrast, certification has no point system, but provides validation that a
building meets or exceeds specified design or performance requirements.
Both rating and certification systems are arguably most objective when an independent entity
conducts the assessment and awards the certification. Such a third party must be independent of
the builder, owner, contractor, and designer, as well as the organization that developed the rating
system or standard.74
A handful of organizations currently offer rating and certification for green buildings. Different
ratings systems emphasize different aspects of green building. Therefore, whether one or another
is more appropriate may depend on local conditions and priorities. Systems also differ in the
types of buildings for which they offer guidelines and certification; some focus primarily on new
construction, while others are more geared toward existing buildings. Many systems combine
both rating and certification into a single system.

http://en.openei.org/doe-opendata/dataset/6aaf0248-bc4e-4a33-9735-2babe4aef2a5/resource/3edf59d2-32be-458bbd4c-796b3e14bc65/download/2011bedb.pdf. The embodied energy also tends to be higher for concrete.
73 National Institute of Standards and Technology, “Embedded Intelligence in Buildings Program,” July 17, 2017,
https://www.nist.gov/programs-projects/embedded-intelligence-buildings-program.
74 Stephanie Vierra, “Green Building Standards and Certification Systems,” Whole Building Design Guide, December
9, 2016, https://www.wbdg.org/resources/green-building-standards-and-certification-systems; Contreras, Lewis, and
Roth, “Toward a Rational Framework for Sustainable Building Materials Standards.”

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Leadership in Energy and Environmental Design (LEED)
A handful of organizations currently offer rating and certification for green buildings. By far the
most prevalent certification system within the United States is Leadership in Energy and
Environmental Design (LEED), developed by the U.S. Green Building Council. When it launched
in 1998, LEED was among the first voluntary, consensus-based certification systems in the
United States. It quickly became widely recognized as a benchmark for green building design.75
The number of LEED certifications has increased annually since the first certification was
awarded in 2000.76 As of November 2019, 100,000 commercial projects had been certified by
LEED worldwide.77
USGBC has expanded the categories of building certifications offered. Building certification
categories include new commercial construction, existing buildings, building interiors, homes,
whole neighborhoods, and entire cities and communities. Some special-use buildings, such as
schools, hospitals, and data centers,78 pose unique challenges to green building in regards to
resource-use patterns. As a result, different categories of special-use buildings require greenbuilding design and construction that is tailored to fit their particular needs and priorities. In
addition to certification for construction or renovation projects, certification also is available for
operations and maintenance of existing buildings, with a three-year recertification cycle.79 Such
operations and maintenance certifications can apply to those buildings that received building
certifications when newly constructed.
LEED focuses primarily on seven green building elements: location and transportation,
sustainable sites, water, energy, materials and resources, indoor environmental quality, and
integrative process.80 It also has credit categories for innovation and for regional priority, which
considers specific factors of importance to sustainability within a specified region.
To be LEED-certified, a building must meet a set of mandatory basic requirements for most
elements and must also receive a designated number of the total points that can be earned within
each element from optional items. A building’s total score determines its level of certification:
Certified, Silver, Gold, or Platinum. While a “checklist” approach allows building owners to
selectively accumulate points, the points do not necessarily translate into improvements in
building energy performance.81 However, it permits an assessment of compliance and can
75 Jenny Richards, “Green Building: A Retrospective History of LEED Certification” (Institute for Environmental

Entrepreneurship, November 2012), http://enviroinstitute.org/wp-content/uploads/2012/09/GREEN-BUILDING-ARetrospective-History-of-LEED-Certification-November-2012.pdf.
76 U.S. Green Building Council, “About LEED,” July 2017, https://www.usgbc.org/articles/about-leed.
77 U.S. Green Building Council, “LEED Reaches New Milestone, Surpasses 100,000 Commercial Green Building
Projects,” November 7, 2019, https://www.usgbc.org/articles/leed-reaches-new-milestone-surpasses-100000commercial-green-building-projects.
78 Data centers are facilities—buildings or parts of buildings—used to store, manage, and disseminate electronic
information for a computer network. Data centers house servers, which are computers used to perform networkmanagement functions such as data storage and processing, and communications equipment and devices to connect the
servers with the network. These facilities may range in size from small rooms called server closets, or even parts of
rooms, within a conventional building, to large dedicated buildings called enterprise-class data centers. Larger centers
may be purpose-built or retrofitted.
79 U.S. Green Building Council, “USGBC Now Offers Recertification for All LEED Projects,” November 15, 2018,
https://www.usgbc.org/articles/usgbc-now-offers-recertification-all-leed-projects.
80 Benjamin, Heather, “Green Building 101: What Is LEED?” (U.S. Green Building Council, September 2017),
https://www.usgbc.org/articles/green-building-101-what-leed.
81 See, for example, Andrew J. Nelson and Ari Frankel, “Building Labels vs. Environmental Performance Metrics:
Measuring What’s Important about Building Sustainability” (RREEF Real Estate, October 2012),

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facilitate the kind of integrated consideration of elements that many observers regard as a
hallmark of green building. Another criticism of LEED is that the new certification is based on
data from modeling the proposed design and not on post-occupancy energy use data or other
metrics.82 Some LEED-certified buildings have been shown to underperform relative to the
models when analyzing post-occupancy energy data, and some perform better than similar nonLEED-certified buildings.83
The LEED rating system is updated periodically; the most recent version, LEED v4.1, was
released in January of 2019.84 Also in 2019, USGBC launched a campaign called the Living
Standard in an effort to go beyond building certification and standards and to redefine green
building to include a more community-based approach.85

Building Research Establishment Environmental Assessment Method
(BREEAM)
The Building Research Establishment Environmental Assessment Method (BREEAM) is a
British system developed in 1990. Though BREEAM rating systems have been used
internationally since then, only the BREEAM In-Use certification has been introduced in the
United States, beginning in 2017. BREEAM In-Use is an online rating system for existing
commercial building performance. Unlike LEED, BREEAM In-Use has no prerequisites; any
existing building can use it to benchmark performance and certify subsequent improvements.
BREEAM ratings are Acceptable, Pass, Good, Very Good, Excellent, and Outstanding, which are
signified by between one and six stars. Rating levels are based on a building’s score across nine
impact categories: management, health and well-being, energy, transport, water, materials, waste,
land use, and ecology and pollution.86 To remain valid, certifications must be renewed annually.

Green Globes
Green Globes was developed in Canada by the Green Building Initiative. It is based on
BREEAM, and has an associated standard (see “Green Building Codes and Standards”). A
building may earn between one and four Globes based on the number of points earned out of a
possible total of 1,000. Points are distributed across five elements—site, energy, water efficiency,
materials, and indoor environment—plus project management.87 Like BREEAM In-Use, Green

http://realestate.deutscheam.com/content/_media/Research_Sustainability_Metrics_in_the_Real_Estate_SectorOct_2012.pdf.
82 Barth, Brian. “Is LEED Tough Enough for the Climate-Change Era?” Bloomberg, June 5, 2018,
https://www.bloomberg.com/news/articles/2018-06-05/reconsidering-leed-buildings-in-the-era-of-climate-change.
83 Scofield, John H. “Efficacy of LEED-Certification in Reducing Energy Consumption and Greenhouse Gas Emission
for Large New York City Office Buildings,” Energy and Buildings, vol. 67, December 2013, pp. 517-524,
https://doi.org/10.1016/j.enbuild.2013.08.032.
84 Stanley, Sarah. “USGBC Opens Registration for LEED v4.1 for New Construction and Interior Spaces” (U.S. Green
Building Council, January 2019).
85 For more information on Greenbuild’s Living Standard, visit https://livingstandard.org/.
86 For more information on the impact categories and the Building Research Establishment Environmental Assessment
Method (BREEAM) In-Use, Version 6, see https://www.breeam.com/discover/technical-standards/breeam-in-use/.
87 Green Globe has several different standards for categories including new construction, core and shell, and existing
buildings. For more information on the elements and point allocation for Green Globe New Construction 2019, see
https://thegbi.org/green-globes-certification/how-to-certify/new-construction/.

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Globes has no mandatory provisions or prerequisites that must be met before certification can be
considered; certification and rating level are based solely on the number of points earned.

Living Building Challenge
The International Living Future Institute’s Living Building Challenge offers three certifications:
Living Building Certification, Petal Certification, and Zero Energy Building Certification.
Criteria for certification fall into seven performance areas, referred to as “Petals”: place, water,
energy, health and happiness, materials, equity, and beauty. Living Building Certification requires
a building to meet requirements in all seven performance areas. Petal Certification requires
compliance with no fewer than three of the seven Petals, one of which must be water, energy, or
materials.88 Zero Energy Certification requires a building to generate all of its energy needs on
site without using combustion. Unlike new-building certification under the other rating systems,
which occurs upon completion of construction, certification under the Living Building Challenge
also requires a 12-month assessment of actual building performance.

Building Owners and Managers Association (BOMA) BEST
BOMA BEST is a Canadian certification system for the environmental performance and
management of existing buildings. In the newest version of BOMA BEST Sustainable Buildings
3.0, there are 10 key areas that are assessed to obtain certification: Energy, Water, Air, Comfort,
Health and Wellness, Custodial, Purchasing, Waste, Site, and Stakeholder Engagement. Building
owners, managers, and operators answer a survey-based assessment of their building, and based
on those results can qualify for any of the five levels of certification: Certified (19% on the
assessment), Bronze (20-49%), Silver (50-79%), Gold (80-89%), or Platinum (90-100%). All
buildings must meet certain minimum BEST Practices (or requirements) before being considered
for a certification and all assessment is verified by a third party to ensure validity.

Element-Focused Programs
In addition to the comprehensive green certification systems discussed above, some programs
certify that a building has taken steps to improve environmental performance for a single element
or a limited number of performance areas. One of the most recognized single element programs is
ENERGY STAR, a voluntary labeling program that focuses on energy efficiency, which is
discussed below in “ENERGY STAR.” Another certification, the DOE’s Zero Energy Ready
Homes program, addresses energy and energy efficiency specifically for homes. Homes certified
under this program are certified by a third party organization to be at least 40%-50% more energy
efficient than a typical new home.89
Single element programs can address elements other than energy efficiency. WaterSense is a
similar voluntary labelling program for water-efficient products administered by the U.S.
Environmental Protection Agency (EPA). WaterSense products are verified to be at least 20%
more water-efficient than the average product on the market by an independent third-party
certifier.90 Another voluntary program administered by EPA is Indoor airPLUS,91 which builds
88 For more information on the Living Building Challenge 4.0 and Petals, see https://living-future.org/lbc/basics4-0/.
89 Department of Energy, “Guidelines for Participating in the DOE Zero Energy Ready Home Program,” 2020,

https://www.energy.gov/eere/buildings/guidelines-participating-doe-zero-energy-ready-home-program.
90 Environmental Protection Agency, “WaterSense,” July 24, 2017, https://www.epa.gov/watersense. For more
information WaterSense, see CRS In Focus IF11128, WaterSense® Program: Congressional Authorization, by Elena
H. Humphreys.
91 Environmental Protection Agency, “Indoor AirPLUS,” June 9, 2017, https://www.epa.gov/indoorairplus.

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upon ENERGY STAR requirements and provides additional specifications to protect indoor air
quality. Indoor airPLUS certification requires homes to install moisture control systems; heating,
ventilating, and air-conditioning (HVAC) systems; combustion-venting systems; radon resistant
construction; and low-emitting building materials to meet EPA indoor air quality standards.
Other certification programs emphasize a few elements in combination. For example, Passive
House/PHIUS+ focuses on certifying new home construction that reduces the energy
consumption of a house but does not necessarily offset the consumption with on-site renewable
energy generation.92 As of 2015, PHIUS+ certification automatically earns the project EPA’s
indoor airPLUS and DOE’s Zero Energy Ready Home certifications.93 Another example is the
International WELL Building Institute’s (IWBI’s) WELL standard, which emphasizes human
health and wellness.94 WELL focuses on 11 features ranging from water and air quality to
accessibility issues. Many of the programs overlap and partner with each other for a more holistic
approach to building.

ENERGY STAR95
ENERGY STAR is an internationally recognized voluntary labeling program for energy-efficient
products, homes, buildings, and manufacturing plants.96 It is jointly managed by the EPA and
DOE. The program’s portfolio has expanded over time. In 1995, ENERGY STAR was expanded
to include labeling for buildings and new homes.97
ENERGY STAR provides several programs that are relevant to homes and residential buildings.
EPA and DOE work with manufacturers to identify appliances and other products used by
consumers in the home that are cost-effective and energy efficient. Those products that meet
certain criteria can receive an ENERGY STAR label. Among the product categories included are
office equipment; home electronics; HVAC; appliances; lighting; and windows. ENERGY STAR
has also partnered with home builders to create ENERGY STAR-qualified homes. If they meet
certain requirements, several residence types can qualify for a certification with ENERGY STAR
including any single-family home, townhome, or duplex new construction, manufactured and
multifamily housing, and homes that are undergoing gut rehabilitation.98 Additionally, ENERGY
STAR works with lenders to encourage the use of Energy-Efficient Mortgages and “green loans”
to promote energy-efficient housing.99
92 Visit https://www.phius.org/home-page for more information about PHIUS+.
93 Passive House Alliance, “PHIUS+ 2015: Passive Building Standard—North America,” 2020, https://www.phius.org/

phius-2015-new-passive-building-standard-summary.
94 “WELL v2 Overview,” International WELL Building Institute, 2018, http://www.wellcertified.com/certification/v2/.
95 This section focuses on ENERGY STAR as it pertains to homes and buildings. For more information on the overall
program, see CRS In Focus IF10753, ENERGY STAR Program, by Corrie E. Clark.
96 ENERGY STAR, “Buildings and Plants,” 2017, https://www.energystar.gov/buildings.
97 Other program additions that are relevant to buildings include manufacturing facilities in 2006 and manufactured
homes in 2007.
98 Manufactured homes are defined as homes built in a factory that are subject to the federal Manufactured Home
Construction and Safety Standards (also known as the HUD Code). For more information on ENERGY STAR
programs related to new homes and other residential types, visit https://www.energystar.gov/newhomes?s=mega.
99 An energy-efficient mortgage (EEM) can be used to purchase or refinance an energy-efficient home or to finance
energy-efficient improvements to an existing home. The EEM accounts for cost savings from the lower utility bills of
an energy-efficient home. This can be used by a lender to offer more favorable financing terms to a borrower. For more
information, see ENERGY STAR, “Energy Efficient Mortgages,” https://www.energystar.gov/newhomes/
mortgage_lending_programs/energy_efficient_mortgages.

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ENERGY STAR developed a tool for commercial building owners or managers called Portfolio
Manager. Portfolio Manager allows owners and managers to track energy and water usage,
normalize consumption for their specific business activity (accounting for hours, workers, and the
climate), and compare their performance to typical commercial building performances.100 In
addition, EPA offers partnerships to businesses and other organizations that make top-level
managerial commitments to adopt superior energy management. Partners commit to assess energy
use within their organizations and use an integrated approach in upgrading buildings. The
Portfolio Manager can be used to calculate an ENERGY STAR score from 1 to 100 to compare a
building’s performance with similar buildings nationwide. A score of 50 is the median energy
performance of buildings, while a score of 75 or better indicates that a building may be eligible
for ENERGY STAR certification.101
In addition to benchmarking for building owners, ENERGY STAR developed a program for
commercial building tenants that voluntarily achieve high levels of energy efficiency. This
program, called ENERGY STAR Tenant Space, launched in 2020. Tenants interested in being
recognized must commit to metering energy use and meeting certain lighting and equipment
efficiency standards, among other requirements. The tenant space must be either a general
administrative office, financial office, or a non-diagnostic medical office.102

Federal Government Use of Certification Systems
Several federal statutes and policies impose green building requirements on federal offices and
agencies,103 and some agencies have been using third-party green building certification systems
since the late 1990s. While no certification system meets all of the federal requirements for green
buildings, the General Services Administration (GSA) has recommended that agencies use thirdparty green certification systems,104 and some federal agencies have found the use of third-party
certification systems to have benefits that include simplifying compliance with federal guidelines,
reducing the need for additional staff, and providing a recognizable label to communicate
sustainability efforts within the agency and to the public.105 Several agencies have elected to
establish internal policies on certification under one of the available rating systems.106
EISA required the Secretary of Energy, in consultation with GSA and the Department of Defense
(DOD), to identify a third-party certification system and level that the Secretary “determines to be
100 “Typical” commercial building performance is based upon the Energy Information Administration’s Commercial

Buildings Energy Consumption Survey.
101 ENERGY STAR, “How the 1-100 ENERGY STAR Score Is Calculated,” https://www.energystar.gov/buildings/
facility-owners-and-managers/existing-buildings/use-portfolio-manager/understand-metrics/how-1-100.
102 Examples of non-diagnostic medical offices include a doctor’s office or dentist’s office without diagnostic
equipment. For more information on ENERGY STAR Tenant Space, see https://www.energystar.gov/buildings/tenants/
about_tenant_space.
103 See the section on “Legislative and Policy Framework.”
104 Dan Tangherlini, Administrator, General Services Administration, “Letter to Ernest Moniz, Secretary of Energy,”
October 25, 2013, https://www.gsa.gov/portal/getMediaData?mediaId=180467.
105 Government Accountability Office, “Federal Green Building: Federal Efforts and Third-Party Certification Help
Agencies Implement Key Requirements, but Challenges Remain,” GAO-15-667 (July 2015), http://www.gao.gov/
assets/680/671618.pdf.
106 Agencies that have adopted a green rating system include the Department of Defense, DOE, GSA, the Department
of Veterans Affairs, the U.S. Department of Agriculture, and EPA. Ibid.; and U.S. Department of Agriculture, “2016
Strategic Sustainability Performance Plan,” June 30, 2016, https://www.dm.usda.gov/emd/docs/
USDA%202016%20Strategic%20Sustainability%20Performance%20Plan-updated.pdf.

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the most likely to encourage a comprehensive and environmentally-sound approach to
certification of green buildings” (42 U.S.C. §6834(a)(3)(D)(i)(III)). The Secretary’s
recommendation is to be reviewed and updated every five years, taking into account the results of
a study to be conducted by the Director of GSA’s Office of Federal High-Performance Green
Buildings, which was also established by EISA (42 U.S.C. §17092). As of 2019, GSA has
expanded the certifying organizations it recommends to federal agencies to include LEED, Green
Globes, Living Building Challenge, BOMA BEST, and BREEAM for existing federal
buildings.107 For major renovation or new construction federal buildings, GSA recommends that
LEED version 4.0 or Green Globes be used as they both fit DOE requirements.108
Instead of specifying a particular rating system, the 2014 Department of Energy rulemaking on
green building certification sets out minimum criteria for a rating system to be eligible for use by
federal agencies. Those agencies choosing to pursue third-party certification must choose a
system that meets those criteria.109
Many states also require green building certification or the equivalent for government buildings,
and many cities or counties have such requirements for buildings in the commercial sector. Some
jurisdictions also provide grants or tax incentives for some green building certifications.110 While
rating and certification systems are not necessarily mandatory, they can serve as testbeds for
objectives and practices that have subsequently been incorporated into mandatory building codes
and standards.

Green Building Codes and Standards
Building codes specify minimum design and construction requirements for new construction and
major renovation buildings. Historically, they have focused primarily on health and safety, but
they can cover many other aspects of a building’s design or construction, from aesthetics to
resource use. Beyond certain federally mandated minimum requirements, it is left to state and
local governments to determine the contents of the codes that regulate buildings within their
jurisdictions.111 This allows flexibility with the codes to meet the priorities of a specific region.
For instance, California jurisdictions may apply stricter seismic codes as that area is more prone
to earthquakes than other areas of the country. Rather than create and revise their own codes,
however, many state and local jurisdictions adopt or modify national model codes generated by
code development organizations such as the International Code Council (ICC). ICC is a nonprofit
association that develops model codes and standards for buildings and structures. These model
codes, if adopted by governments, can serve as minimum performance standards for buildings.
ICC is responsible for the development of a comprehensive family of integrated International

107 Murphy, Emily. “GSA High-Performance Building Certification System Review Letter to Sec Energy,” General

Services Administration, September 16, 2019, https://www.gsa.gov/cdnstatic/DOE%20Letter%20(Final%20%20signed%202019).pdf.
108 Ibid.
109 10 C.F.R. §433.300.
110 Daniel C. Matisoff, Douglas S. Noonan, and Mallory E. Flowers, “Policy Monitor—Green Buildings: Economics
and Policies,” Review of Environmental Economics and Policy, vol. 10, no. 2 (July 2016): 329–46,
doi:10.1093/reep/rew009.
111 The Energy Policy Act of 1992 (EPACT 1992, P.L. 102-486) established a baseline for energy efficiency in
building codes. For a history of the development of ASHRAE energy efficiency standards and their inclusion in U.S.
law, see Gordon Holness, “Achieving Energy Performance—Going Beyond Codes and Standards,” April 4, 2011,
http://newbuildings.org/sites/default/files/Holness_Beyond_codes.pdf.

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Codes, covering a number of building sectors.112 The ICC International Building Code (IBC) and
the International Residential Code (IRC) are widely used in the United States. Federal agencies
are required by law to comply with one of the nationally recognized model building codes and
other nationally recognized codes to the maximum extent feasible.113 Model building codes are
updated every three years, so if the code is updated to a higher efficiency measure, the federal
agencies’ standard also must be adjusted accordingly. In addition, Congress has directed the
Secretary of the DOE to establish federal building energy standards by rule.114
Both model codes and mandatory building codes often incorporate technical standards for
specific components or features. Those standards are created by recognized standards
development organizations (SDOs); a standard can be considered as “a set of guidelines and
criteria against which a product can be judged.”115 Just as a building may be certified under a
rating system, a building that has achieved a given standard may be certified as having met the
criteria of that standard. While most standards are not themselves mandatory, they, along with
model codes,116 may be incorporated into mandatory codes or laws.117 This section discusses
comprehensive green building codes and standards that address multiple green building elements.
Codes and standards may also address single elements; for example, building energy codes and
standards pertain to energy efficiency.118
DOE’s Building Energy Codes Program (BECP)
DOE’s BECP engages with national model building energy codes in several ways.119 The program submits code
change proposals for the International Energy Conservation Code (IECC)120 and ASHRAE Standard 90.1.121 It also

112 ICC develops building codes through the ICC Governmental Consensus Process, which includes regulators in the

code-development process. See International Code Council, “CP28-05—Code Development,” December 11, 2015,
https://cdn-web.iccsafe.org/wp-content/uploads/CP28-05.pdf.
113 Requirements for federal agencies to comply with nationally recognized model building codes are found in 40
U.S.C. §3312 as authorized in §3312 of an act to revise, codify, and enact without substantive change certain general
and permanent laws, related to public buildings, property, and works, as title 40, United States Code, “Public Buildings,
Property, and Works” (P.L. 107-217).
114 The Secretary of the DOE is directed to establish federal building energy standards under the Energy Conservation
and Production Act (EPCA, P.L. 94-385, 42 U.S.C. §6834).
115 Dan Prowler and Stephanie Vierra, “Whole Building Design,” Whole Building Design Guide, August 17, 2017,
http://www.wbdg.org/resources/whole-building-design. See text box “Whole Building Design Guide,” below, for
further information.
116 Model codes are building codes prepared by groups of experts that have no legislative or rulemaking authority.
Model codes gain the force of law when they are adopted as requirements by a jurisdiction (Melvyn Green, Building
Codes for Existing and Historic Buildings [Hoboken, N.J: Wiley, 2012]).
117 For example, the mandatory building code of the District of Columbia for construction, alteration, maintenance, and
so forth includes by reference the International Building Code, a model code created by the International Code Council,
and technical standards developed by organizations such as the American Society of Mechanical Engineers. See
District of Columbia Government, “District of Columbia Construction Codes Supplement of 2013,” May 2014,
https://dcra.dc.gov/sites/default/files/dc/sites/dcra/publication/attachments/
DCMR%2012_ConstructionCodes_2013.pdf.
118 DOE has a role in the development, adoption, and compliance of building energy codes as discussed in the textbox
“DOE’s Building Energy Codes Program (BECP).”
119 DOE, Building Energy Codes Program, https://www.energycodes.gov/.
120 The IECC is a model code developed by ICC that is very often adopted by state and local governments for minimum
building energy efficiency requirements. For more information about BECP and the 2018 IECC, see the BECP
presentation “2018 IECC Commercial Scope and Envelope Requirements” at https://www.energycodes.gov/sites/
default/files/becu/2018_IECC_commercial_requirements_envelope.pdf.
121 Standard 90.1 is the energy efficiency standard of the standard-developing organization ASHRAE for buildings

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conducts analysis of building energy efficiency and cost savings, and formulates underlying evaluation
methodologies. Under the Energy Conservation and Production Act (ECPA, P.L. 94-385), after a new version of
the IECC or ASHRAE Standard 90.1 is issued, DOE is directed to assess and make a determination of whether the
energy savings from each updated version will improve energy efficiency in buildings. If this determination is
positive, each state must certify that they have reviewed their commercial and residential codes. In the case of
residential buildings codes, the state only needs to review them to determine whether it is appropriate to revise
them to meet or exceed the elements of the updated model code. But for commercial building codes, the state
must update them after review in accordance with the revised standard and demonstrate that these updated
commercial codes meet or exceed the standard. The program provides technical assistance for the adoption of
these new code changes. DOE does not have the authority to enforce the adoption of any model energy building
codes. This authority lies with the states and localities. BECP provides resources and training on code changes,
which can aid builders, architects, engineers, and contractors in complying with newly adopted mandatory building
codes in their state and locality. BECP has created two compliance software packages called REScheck and
COMcheck, which allow builders to quickly determine whether new homes, additions, and alterations or new
commercial buildings and high-rise residential buildings meet the requirements of the IECC and ASHRAE Standard
90.1, as well as several state-specific codes.

Green building codes specify additional requirements for environmental design and performance
that go beyond, and, in some cases, can be layered on top of existing building codes. They are
occasionally referred to as “beyond-code” or “above-code” options, because they exceed
minimum building code requirements. Governments adopting green building model codes can
choose to make them mandatory or treat them as voluntary measures for meeting green building
objectives.
For both green building codes and standards, specific requirements may be achievable by
multiple pathways. Prescriptive pathways specify the precise method of achieving a given
requirement, whereas performance pathways allow designers flexibility in their methods provided
that the projected or modelled end results meet the necessary requirements. A newer option is
outcome-based requirements, which establish a performance target that must be met and verified
through measurement and reporting after construction ends.
Green building standards are sometimes described as code-intended, indicating that they are
written in mandatory, code-enforceable language. In this manner, they may be adopted by
jurisdictions, either as they are written or with modifications made by the adopting entity. Both
codes and standards are developed through a consensus process that involves multiple
stakeholders,122 but SDOs typically require accreditation by a body such as the American
National Standards Institute (ANSI), ensuring that their development process adheres to a set of
approved procedures.123 ANSI standards also require that certification be performed by a third
party.
Whole Building Design Guide

except for low-rise residential buildings. For an online, read-only version of the Standard, visit
https://ashrae.iwrapper.com/ViewOnline/Standard_90.1-2019
122 The number and types of stakeholders involved in the consensus process differs between code developing
organizations and standards setting organizations.
123 American National Standards Institute, “ANSI Essential Requirements: Due Process Requirements for American
National Standards,” January 2020, https://share.ansi.org/Shared%20Documents/Standards%20Activities/
American%20National%20Standards/Procedures,%20Guides,%20and%20Forms/
2020_ANSI_Essential_Requirements.pdf.

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The Whole Building Design Guide (WBDG) is a web-based portal providing information on an integrated
approach to the design, construction, and operation of buildings. It is a collaboration among federal agencies and
many private-sector and nonprofit organizations. It is hosted by the National Institute of Building Sciences.124
The WBDG describes its goals as follows: “Whole Building Design provides the strategies to achieve a true highperformance building: one that is cost-effective over its entire life cycle, safe, secure, accessible, flexible, aesthetic,
productive, and sustainable.”125 The most relevant goal for green building is the sustainability goal. The guide
provides design guidance to federal agencies for all seven goals, as well as a broad range of information and
resources to the federal government, the building industry, and the public.
This whole-building approach involves not only integrated design but also integration of the teams of people
involved, including architects, owners, contractors, operators, community members, and other stakeholders. The
portal provides tools and other resources to promote and facilitate such integration.

In addition to developing model building codes and standards, ICC and ASHRAE are also the two
main developers of national green building model codes and standards in the United States.126
Their efforts are discussed below.
In 2012 the ICC released the International Green Construction Code (IgCC), 127 self-described as
“the first model code to include sustainability measures for the entire construction project and its
site.”128 The IgCC functions as an overlay code, meaning that it is compatible, and can be adopted
in conjunction with, other ICC codes governing building safety and other features. The most
recent revision was released in 2018.129 Municipalities choosing to adopt the IgCC as an overlay
may choose from among various compliance pathways and options in order to make the
mandated requirements more or less strict, as well as to account for local climate and other
pertinent factors.
The IgCC covers most building types, with the exception of low-rise residential buildings. The
IgCC refers low-rise residential builders to the ICC 700 National Green Building Standard
(NGBS), an ANSI standard developed in partnership with ASHRAE and the National Association
of Homebuilders (NAHB). The NGBS is structured as a rating system, much like LEED, but can
be adopted by ordinance, much like a model code.130
ASHRAE, USGBC, and the Illuminating Engineering Society of North America (IES) jointly
released Standard 189.1, a high-performance green building standard for nonresidential buildings
and residential buildings of more than three stories.131 Standard 189.1 functions as a code124 Whole Building Design Guide website: https://www.wbdg.org/.
125 Dan Prowler and Stephanie Vierra, “Whole Building Design,” Whole Building Design Guide, August 17, 2017,

http://www.wbdg.org/resources/whole-building-design.
126 Melissa A. Beutler et al., eds., Green Building and the Construction Lawyer: A Practical Guide to Transactional
and Litigation Issues (Chicago, Illinois: Forum on Construction Law, 2014). ASHRAE was formerly known as the
American Society of Heating, Refrigerating and Air-Conditioning Engineers.
127 IgCC is developed in cooperation with the American Institute of Architects, ASTM International, ASHRAE, the
Illuminating Engineering Society, and USGBC. The ICC has also developed the International Energy Conservation
Code focused primarily on encouraging building energy efficiency.
128 International Code Council, “Overview of the IgCC,” 2017, https://www.iccsafe.org/codes-tech-support/codes/
2015-i-codes/igcc/.
129 “International Green Conservation Code,” Sept 2018, https://codes.iccsafe.org/content/IGCC2018/chapter-1-scopeand-administration.
130 National Association of Home Builders, “ICC 700 National Green Building Standard,” 2020, https://www.nahb.org/
Advocacy/Industry-Issues/Sustainability-and-Green-Building/ICC-700-National-Green-Building-Standard.
131 ASHRAE, “Standard 189.1-2014—Standard for the Design of High-Performance Green Buildings,” 2014,
http://www.techstreet.com/ashrae/standards/ashrae-189-1-2014?product_id=1886477.

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intended standard and is offered as a compliance option under the IgCC. The standard contains
requirements in the following areas: site sustainability; energy efficiency and renewable energy;
water-use efficiency; indoor environmental quality; and building impacts on the atmosphere,
materials, and resources. Elements of Standard 189.1 have been incorporated into the building
requirements for Department of Defense properties.132
In 2018, the ICC and ASHRAE fully integrated Standard 189.1 to serve as the technical content
of the new version of the IgCC. Called “IgCC powered by 189.1,” the new code also aligns with
the LEED rating system, providing the market with a streamlined set of beyond-code tools.133 In
addition to such national efforts, several state, local, and tribal authorities have developed their
own green building codes.

Legislative and Policy Framework
Several federal laws, executive orders, and other policy instruments have provisions relating to
green building. Selected relevant policies are listed in Table 1, and selected requirements by topic
(i.e., green building, renewable energy, and energy efficiency) are described below. The list of
laws presented in this report is not exhaustive. For example, the Resource Conservation and
Recovery Act of 1976 (RCRA), as amended (42 U.S.C. §6901 et seq.), requires agencies to
procure products with recycled content. This report also does not include discussion of state and
local policies, which have substantial influence on green building efforts within those
jurisdictions.
Table 1. Selected Policies Related to Green Building
Title

Public Law (P.L.) or
Executive Order (E.O.)

Energy Policy Act of 1992 (EPACT 1992)

P.L. 102-486

Energy Policy Act of 2005 (EPACT 2005)

P.L. 109-58

Energy Independence and Security Act of 2007 (EISA)

P.L. 110-140

American Recovery and Reinvestment Act of 2009 (ARRA)

P.L. 111-5

Energy Efficiency Improvement Act of 2015

P.L. 114-11

Energy Act of 2020 (Division Z of the Consolidated
Appropriations Act, 2021)

P.L. 116-260

Efficient Federal Operationsa

E.O. 13834

Protecting Public Health and the Environment and Restoring
Science To Tackle the Climate Crisis

E.O. 13990

Tackling the Climate Crisis at Home and Abroad

E.O. 14008

Source: CRS.
a. E.O. 13834, Efficient Federal Operations, was partially revoked by E.O. 13990, Protecting Public Health and the
Environment and Restoring Science To Tackle the Climate Crisis, on January 20, 2021.

132 Department of Defense, “United Facilities Criteria: High Performance and Sustainable Building Requirements,”

UFC 1-200-02, (December 1, 2016), http://www.wbdg.org/FFC/DOD/UFC/ufc_1_200_02_2016.pdf.
133 U.S. Green Building Council, “Streamlining for Building Code Makes It Easier to Achieve Green Projects: Building
Professionals Move Toward a Unified Green Code by Streamlining and Simplifying the Code Enigma,”
https://www.iccsafe.org/products-and-services/i-codes/2018-i-codes/igcc/.

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Green Building Requirements
The Energy Independence and Security Act of 2007 (EISA, P.L. 110-140) provided both a general
legislative framework for federal green building efforts, including a definition of highperformance green building,134 and specific actions and requirements. For federal buildings, EISA
increased the building energy efficiency goal for federal agencies, such that each agency would
be required to reduce their total energy consumption from federal buildings to 30% (relative to
2003) by 2015.135 EISA also set more stringent energy goals for new construction and major
renovations, requiring these buildings to reach an 80% reduction in fossil fuel-generated energy
by 2020, and zero-net fossil fuel-generated energy use by 2030. EISA also set general waterconservation guidelines and stormwater runoff requirements for federal property development.
EISA directed the General Services Administration to establish an Office of Federal HighPerformance Green Buildings to recommend to the Secretary of Energy rating and certification
systems that could be used by agencies for meeting federal green building requirements.
The American Recovery and Reinvestment Act of 2009 (ARRA, P.L. 111-5) provided $4.5 billion
to convert GSA facilities to high-performance green buildings.136 It also provided $250 million to
the Department of Housing and Urban Development (HUD) for green retrofits of multifamily
housing. In addition, of the $4 billion that ARRA provided to HUD for public housing, HUD
directed $600 million for the “Creation of Energy Efficient, Green Communities.”137
The Energy Efficiency Improvement Act of 2015 (P.L. 114-11) directed GSA to develop model
leasing provisions to encourage the implementation of energy and water efficiency measures by
tenants in commercial buildings. GSA may use those provisions for leases involving federal
agencies, and it must make them available to state and local governments for their own use.
On January 27, 2021, President Biden issued Executive Order (E.O.) 14008, Tackling the Climate
Crisis at Home and Abroad.138 Among other provisions, E.O. 14008 established a national climate
task force. One of the task force’s responsibilities is to develop a plan to leverage federal
procurement authorities to facilitate a carbon pollution-free electricity sector no later than 2035.
E.O. 14008 also directs the Chair of the Council on Environmental Quality and the Director of the
Office of Management and Budget to ensure that investments in federal infrastructure reduce
climate pollution and that federal permitting decisions consider the effects of greenhouse gas
emissions and climate change.

134 The Energy Policy Act of 2005 (EPACT 2005) defined a high-performance building as “a building that integrates

and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle
performance, and occupant productivity” (§914(a)). EISA 2007 built upon that definition for “high-performance green
building,” as discussed in the section “What Is Green Building?”
135 See EISA, sec. 431.
136 ARRA provided almost $800 billion through extensive discretionary spending, mandatory spending, and revenue
provisions for existing and some new programs in the 15 Cabinet-level departments and 11 independent agencies. For
more on ARRA, see CRS Report R40537, American Recovery and Reinvestment Act of 2009 (P.L. 111-5): Summary
and Legislative History, by Clinton T. Brass et al.
137 Of the $4 billion, $3 billion was directed for formula grants and $1 billion for competitive grants. Department of
Housing and Urban Development (HUD), “HUD’s Fiscal Year (FY) 2009 Notice of Funding Availability (NOFA) for
the Capital Fund Recovery Competition Grants; Revised to Incorporate Changes, Corrections, and Clarifications,” June
3, 2009, https://www.hud.gov/sites/documents/DOC_9756.pdf, p. 20.
138 Executive Order E.O. 14008, “Tackling the Climate Crisis at Home and Abroad,” 86 Federal Register 7619,
February 1, 2021, https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-athome-and-abroad.

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Green Building Overview and Issues

Guiding Principles for Federal Leadership in High Performance Sustainable
Buildings
In 2006, representatives of 19 federal agencies and offices139 signed a memorandum of
understanding (MOU) titled “Federal Leadership in High Performance and Sustainable
Buildings.”140 The MOU was developed concurrently with the enactment of EPACT 2005 and
contained the first set of five core Guiding Principles for federal high performance and
sustainable buildings: employ integrated design principles, optimize energy performance, protect
and conserve water, enhance indoor environmental quality, and reduce environmental impact of
materials. Subsequent revisions of the Guiding Principles were issued in 2008 and, most recently,
in 2020141 to reflect progress in green building design and to address a broader set of issue areas,
including the health and productivity of building occupants. The revision in 2016 added a sixth
overarching principle to the list: assess and consider climate change risks.142 The revision in 2020
modified this principle to assess and consider building resilience.

139 Those agencies were the Departments of Agriculture, Commerce, Defense, Energy, the Interior, Health and Human

Services, Homeland Security, Housing and Urban Development, Justice, Labor, State, Transportation, and Veterans
Affairs; and the Council on Environmental Quality, the Environmental Protection Agency, the General Services
Administration, the National Aeronautics and Space Administration, the Office of Personnel Management, and the
Tennessee Valley Authority.
140 Department of Defense et al., “Federal Leadership in High Performance and Sustainable Buildings Memorandum of
Understanding,” 2006, http://wbdg.org/FFC/FED/HPSB-MOU.pdf.
141 Council on Environmental Quality, “Guiding Principles for Sustainable Federal Buildings and Associated
Instructions,” December 2020, https://www.sustainability.gov/pdfs/
guiding_principles_for_sustainable_federal_buildings.pdf.
142 Council on Environmental Quality, “Guiding Principles for Sustainable Federal Buildings and Associated
Instructions,” February 2016, https://www.sustainability.gov/pdfs/
guiding_principles_for_sustainable_federal_buildings-2016.pdf.

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Guiding Principles143
The six Guiding Principles for Federal Leadership in High Performance Sustainable Building are


Employ Integrated Design Principles. This principle includes use of a collaborative and integrated
process for all stages from planning through operation for each building or modernization project,
incorporation of design choices and operational components that improve environmental performance,
consideration of the entire life cycle of the building, and the development of plans that accommodate
temporary changes to operational conditions due to emergencies or other significant events.



Optimize Energy Performance. This involves complying with federal building energy efficiency standards,
establishing an energy performance goal for the entire building, including reduction in energy costs of 20%30% below existing standards, and employing strategies to use life cycle cost-effective renewable electric and
thermal renewable energy. It also includes installing building level meters to track and measure performance
annually in comparison to ENERGY STAR benchmarks.



Protect and Conserve Water. This involves minimizing the use and waste of indoor potable water,
purchasing water conserving products and ensure optimized indoor water operations, installing building level
water meters including leak detection, using water efficient landscaping and water efficient irrigation
strategies to track and reduce potable outdoor water consumption, using drought-tolerant native landscaping
where practicable, and maximizing the use of alternative sources of water to the extent practicable.



Enhance the Indoor Environment. This principle requires meeting established standards for
temperature, humidity, and ventilation; controlling moisture to prevent damage and mold; maximizing
opportunities for daylight except where not appropriate; using appropriate lighting controls and task lighting;
using low-emitting materials and products; taking other steps to protect air quality in the building;
encouraging integrated pest management; and designing building features and integrating programs and
initiatives to promote voluntary health and wellness opportunities for occupants.



Reduce the Environmental Impact of Materials. This involves using materials with recycled and
biobased (renewable and sustainable) content that is at or above recommended levels, complying with
requirements for substitutes for ozone-depleting compounds, complying with hazardous waste management
requirements during construction and operations, and reducing the landfilling of wastes by recovering,
reusing, and recycling materials.



Assess and Consider Building Resilience. This principle involves identifying and assessing current and
future potential regional risks to ensure resilient building design and operations and reduce potential
vulnerabilities; incorporating resilient design and operational adaptation strategies; avoiding or mitigating the
short- and long-term adverse impacts associated with projected climate changes and acute weather events,
including storms, wildfires, droughts and floods; and balancing options to address risks against mission
criticality, cost, and security needs over the building’s intended service life.

Renewable Energy Goal
The Energy Policy Act of 2005 (EPACT 2005, P.L. 109-58), among other

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR46719. Public record. Not legal advice.
