An ordinance amending Title 16 of the Metropolitan Code regarding sustainable building design standards for new and renovated Metropolitan Government buildings and facilities.

WHEREAS, in January 2007 Mayor Bill Purcell signed the U.S. Mayors Climate Protection Agreement which “strives to meet and exceed the Kyoto Protocol targets for reducing global warming pollution by taking actions in our own operations and communities” through twelve stated measures which include “practicing and promoting sustainable building practices using the U.S. Green building Council’s LEEDTM program or a similar system”; and

WHEREAS, Mayor Bill Purcell's administration has worked hard to make Nashville a greener city, and whereas Mayor Purcell has recently announced, "This year is time for all of us to focus on the environment”; and

WHEREAS , the Nashville region, which includes Davidson, Rutherford, Sumner, Williamson and Wilson counties, is one of 14 across the nation that must meet clean air standards under agreements with the U.S. Environmental Protection Agency; and

WHEREAS, The Nashville Chamber of Commerce stated in their 2007 Legislative Agenda;

“The Chamber supports and encourages sustainable development, particularly in the urban market and believes, to the extent feasible, LEED certification and green-roof systems should be part of new projects. The Chamber believes Metro government should consider LEED-certified construction on large-scale developments because of the long-term savings on energy costs.”

WHEREAS, development and construction practices are significant contributors to the depletion of natural resources and a major cause of air and water pollution, solid waste, deforestation, toxic wastes, health hazards, global warming, and other negative consequences; and

WHEREAS, buildings use one-quarter of all the world's wood harvest, consume two-fifths of all material and energy flows, and account for more that one-third of U.S. CO2 emissions; and

WHEREAS, the Metropolitan Council recognizes and accepts its responsibility to implement and promote building practices that protect the quality of the air, water, and other natural resources; reduce construction practices that impact native vegetation, wildlife, and other ecosystems; and minimize the human impact on local and regional ecosystems; and

WHEREAS, sustainable buildings are cost effective and make good business sense according to a recent study by the GSA that analyzed data from certified green buildings. The study found that the average additional cost for constructing LEEDTM Silver level buildings was less than three percent and the financial benefits were over 10 times the additional cost; and

WHEREAS, sustainable buildings can boost employee productivity by 15%, provide stronger employee attraction and retention, and result in fewer illnesses and lower absenteeism, which reduces healthcare costs; and

WHEREAS, a recent GSA study found the LEEDTM rating system to be the most credible among five sustainable rating systems that were evaluated; and

WHEREAS, sustainable development standards and construction decisions made by Metro in the construction and remodeling of our buildings can result in a significant cost savings to the city over the lifetime of our buildings; and

WHEREAS, the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEEDTM) green building rating system is a nationally recognized standard for excellence in facility design offering a multiple levels of certification that is currently in use by 69 cities, 20 states, and 12 federal agencies, including GSA, NASA, and the military branches; and

WHEREAS, the Metropolitan Government should take a leadership role by incorporating green building practices into all new construction of government facilities, and incorporating life cycle and total cost accounting in the design, construction, demolition, operation, and maintenance of all Metropolitan Government buildings; and


Section 1. That Title 16 of the Metropolitan Code is hereby amended by adding the following new Chapter 16.60:

16.60.010 Policy.
1. The Metropolitan Government shall integrate green and/or sustainable building principles and practices into the design, construction, and operations of all Metropolitan Government facilities, and Metropolitan Government-funded projects to the extent described in section 16.60.050, at a minimum. Furthermore, the Metropolitan Government shall provide leadership and guidance to encourage the application of green building practices in private sector development. This policy is intended to yield long-term cost savings to the government's taxpayers by implementing substantial improvements in life-cycle performance and reduced life-cycle costs.
2. In addition, in considering purchases of land for future development, the Metropolitan Government shall evaluate its ability to develop the property in ways that enhance sustainability and reduce potential negative environmental impacts from development.
3. The LEEDTM Green Building Rating Systems in effect at the time of enactment of this Chapter are hereby adopted as the standard for sustainable building principles and practices of the Metropolitan Government.
16.60.020 Purpose.
The purpose of the Metropolitan Government's policy on sustainable building is to require the government's commitment to environmental, economic, and social stewardship, to yield cost savings to the Metropolitan Government taxpayers through reduced operating costs, to provide healthy and productive work environments for staff and visitors, and to contribute to the government's goals of protecting, conserving, and enhancing the region's environmental resources. Additionally, the Metropolitan Government shall help to set a community standard of sustainable building.

16.60.030 Organizations affected.
The provisions of this chapter shall be applicable to all Metropolitan Government departments, agencies, boards and commissions and their contractors responsible for planning, designing, developing, constructing and managing Metropolitan Government-owned facilities and buildings, provided that the provisions of this chapter shall not apply to the Metropolitan Board of Public Education, the Metropolitan Transit Authority or the Metropolitan Development and Housing Agency.

16.60.040 Definitions.
“Sustainable building” means the integration of building materials and methods that promote environmental quality, economic vitality, and social benefit through the design, construction and operation of the built environment. Sustainable building merges sound, environmentally responsible practices into one discipline that looks at the environmental, economic and social effects of a building or built project as a whole. Sustainable design encompasses the following broad topics: efficient management of energy and water resources, management of material resources and waste, protection of environmental quality, protection of occupant health and indoor environmental quality, reinforcement of natural systems, and integrating the design approach.
“Metropolitan Government Sustainable Development Design Guidelines” means the LEED TM Green Building Rating Systems adopted by the Metropolitan Government pursuant to Section 16.60.010 of this Chapter.
“Life cycle cost analysis” means an inclusive approach to costing a facility or group of facilities that encompasses planning, design, construction, operation and maintenance over the useful life of the facilities and finally any decommissioning or disassembly costs. Life cycle cost analysis looks at the net present value of design options as investments. The goal is to achieve the highest, most cost-effective environmental performance possible over the life of the project.
“LEEDTM” is an acronym for Leadership in Energy and Environmental Design. The LEEDTM rating system is a voluntary, consensus-based green building rating system developed by the U.S. Green Building Council (USGBC). It is based on existing, proven technology and evaluates environmental performance from a "whole building" perspective. LEEDTM is a third party verified system designed for rating new and existing commercial, institutional, and multi-family residential buildings. It contains prerequisites and credits in six categories: Sustainable site planning, improving energy efficiency, conserving materials and resources, embracing indoor environmental quality, safeguarding water, and innovation in design. There are four rating levels: Certified, Silver, Gold, and Platinum.
“LEEDTM Project Scorecard” is a checklist for identifying a project potential for sustainable design opportunities early in the design.
“LEEDTM Reference Guide” means the supporting document to the LEEDTM Green Building Rating System. The Guide is intended to assist project teams in understanding LEEDTM criteria and the benefits of complying with each credit. The Guide includes examples of strategies that can be used in each category, case studies of buildings that have implemented these strategies successfully, and additional resources that will provide more information.
“Addition” means new construction projects that expand the square footage of occupied area of an existing building by adjoining structures, adding stories, or renovating previously unoccupied or unconditioned space.
“Building and Facility” means any Metropolitan Government owned or leased structure that encloses a space used for sheltering any occupancy.
“Green and/or sustainable building principles and practices” means those principles and practices consistent with the LEEDTM Green Building Rating Systems.

16.60.050 Policy and goals.
1. It is the policy of the Metropolitan Government to finance, plan, design, construct, manage, maintain, and decommission its facilities and buildings to be sustainable. This chapter shall apply to new construction and additions, for which the planning and construction commences on or after August 1, 2007. For new construction, this chapter shall apply to projects which exceed 5,000 gross square feet of occupied space or for which the total project cost exceeds two million dollars. For additions to existing buildings or facilities, this chapter shall only apply to projects that add 5,000 or more gross square feet of occupied space, LEEDTM certification requirements shall only apply to the scope of the addition itself.

2. The LEEDTM rating system and reference guide, as enacted and established as of the effective date of this ordinance, shall be used as a guide for design and a measuring tool to determine what constitutes sustainable building by national standards.
3. Project teams are required to pursue LEEDTM Certification through the U.S. Green Building Council and develop a strategy to achieve LEEDTM Silver level rating of the most applicable LEEDTM Rating system.
16.60.060 Procedures and responsibilities.

1. The Metropolitan Government departments, agencies, boards or commissions undertaking a construction project subject to the provisions of this chapter and the Department of Codes Administration are responsible for ensuring that facilities and buildings comply with Section 16.60.050.
2. The Department of Codes Administration is further responsible for coordinating with Metropolitan Government departments any educational and technical resources available that support and promote sustainable design and construction of Metropolitan Government facilities.
3. Project managers for projects pursuing LEED TM certification are required to submit proof of LEED TM registration and a LEED TM scorecard indicating all points which a project intends to pursue to the Department of Codes Administration at the time an application for the building permit is filed. Without submission of the aforementioned LEED TM proof of registration and scorecard, the Director of the Department of Codes Administration shall hold the building permit application until said documents are provided evidencing that the project is pursuing LEED TM Silver certification.
16.60.070 Budgeting and financing.
All capital construction which falls under this policy is required to budget LEEDTM design standards in the development of a Metropolitan Government funded facility. Budget planning and life cycle cost analysis to achieve LEEDTM Silver rating is required.

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

16.60.090 Implementation.
1. The sustainable development design standards shall be forwarded to the Metropolitan Department of Codes Administration for review consistent with the above referenced policy objectives.
2. The purchasing agent shall assist and review all request for proposals (RFP) and invitations to bid (ITB) documents to ensure consistency with this article.
16.60.100 Exemptions.
1. The Metropolitan Government Sustainable Development Design Guidelines of achieving LEEDTM Silver status shall not apply to current Metropolitan Government facilities that have been approved as part of the fiscal year 2006-2007 capital spending plan for planning, land acquisition and/or construction. However, these projects shall still implement Metropolitan Government Sustainable Development Design Guidelines and strategies to the maximum extent possible and practicable.
2. Metropolitan Government facility construction projects that are to remain predominately unoccupied or to predominately serve specialized functions are not subject to the government's sustainable development design guidelines. For purposes of this subsection, "specialized functions" include thermal transfer functions, solid and/or toxic waste disposal functions, water and wastewater treatment functions, warehouse and/or storage functions, and mechanical functions. The Director of the Department of Codes Administration shall make a determination as to whether a facility construction project is to serve a predominately specialized function using the meaning of the phrase contained in this subsection.
3. Even though projects may become exempt from the government's required sustainable development design guidelines, project teams are required to complete a LEEDTM Project Scorecard for each project as an evaluation of a projects sustainable design potential. Project teams are encouraged to apply the relevant portions of Metropolitan Government Sustainable Development Design Guidelines and to develop goals that increase the environmental, social, and economic benefits of the project. The Department of Codes Administration shall retain the LEEDTM certification status of each construction project subject to the provisions of this chapter.

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: David Briley, Erik Cole, Greg Adkins, Mike Jameson

Amendment No. 1
Substitute Ordinance No. BL2007-1374

Mr. President:

I move to amend Substitute Ordinance No. BL2007-1374 by amending Section 1

by deleting the phrase “, provided that the provisions of this chapter shall not apply to

the Metropolitan Board of Public Education, the Metropolitan Transit Authority or the

Metropolitan Development and Housing Agency”, wherein it appears in the new Code

Section 16.60.030.

Sponsored by: Ludye Wallace


Introduced: February 20, 2007
Passed First Reading: February 20, 2007
Referred to: Codes Committee
Deferred: March 20, 2007
Deferred: April 3, 2007
Deferred: April 17, 2007
Deferred Indefinitely:
(Rule 22)

April 17, 2007
Substitute Introduced: May 15, 2007
Amended: May 15, 2007
Passed Second Reading: May 15, 2007
Passed Third Reading: June 5, 2007
Approved: June 5, 2007