New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VII - STATE AID
Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS
Part 638 - GREEN BUILDING TAX CREDIT
Section 638.7 - Standards and methods for determining compliance

(i) all cooling equipment, including back-ups, except as noted in items (ii) and (iii) of this subclause;

(ii) ice storage systems; and

(iii) evaporative cooling systems (direct or indirect).

(i) air-to-air heat recovery system;

(ii) glycol loop heat recovery system; and

(iii) desiccant dehumidification system.

(i) residential units; or

(ii) areas associated with the management of these residential units.

1Heating and reheat fuel used in the space (Column 3) is the heating fuel used for most of the combined heating and reheating needs of a particular space, as defined by the "Space Use" column of Table 7.1. Where the design base building uses electric resistance heating or reheating, the "heating and reheat fuel used in the space" must be selected as fossil fuel.

2The energy code base building model must use hot water if the design base building uses hot water, and the energy code base building model must use steam if the design base building (and thus the design base building model) uses steam.

3If the design base building uses a furnace, then the energy code base building model must also use a furnace. If the design base building uses a boiler, then the energy code base building model must also use a boiler. The energy code base building model must use the same type of fossil fuel as that used in the design base building.

4The chiller assigned to the energy code base building model must use the same energy source as the chiller assigned to the design base building. If the chiller in the design base building (and thus the design base building model) uses a particular type of fossil fuel, the chiller in the energy code base building model must be a single-effect absorption machine using the same type of fossil fuel.

5The furnace or boiler in the energy code base building model must use the same fuel as the furnace or boiler in the design base building (and thus the design base building model).

6Office spaces must use VAV system for the energy code base building model. In other spaces within the building, the energy code base building model must use the same type of air system as that used in the design base building.

7If Table 7.1 requires the modeling in the energy code base building model of electric chillers with a total installed capacity greater than 150 tons (column 2), the type and number of these chillers must be assigned as follows:

(i) If a space in the design base building uses a different type of cooling/heating system than the predominant use in the rest of the base building, and if this cooling/heating system is different because of the use of that space, then the energy code base building model must have the same type of cooling/heating system for that particular space.

(ii) The "size of cooling equipment installed" (Table 7.1, column 2 of this section) is determined by the whole building, even if there are several cooling systems in the building, except for multifamily residences as per subclause (iii)(b)(3) of this paragraph.

(i) The energy efficiency of all base building components must comply with the prescriptive requirements of the energy code. For multifamily residences, the energy code base building model must use the following values for fixed lighting installed in apartments, if fixed lighting is claimed as part of the base building: kitchen - 325 watts; each bathroom - 200 watts; dining room - 120 watts; hallway - 60 watts; entry space 60 - watts.

(ii) The energy code base building model must be coded to report in the output the following energy use that does not belong to the base building and that must be removed from the compliance calculations:

(iii) The effect of the aforementioned equipment on heating and cooling must not be removed from the compliance calculations.

(iv) The energy code base building model must have separate electrical meters for the lighting in the base building and the tenant spaces. Where domestic hot water is used by both the base building and tenant spaces, it must be metered separately for each. Similarly, if there are other end-uses common to both base building and tenant space(s), separate meters must be assigned to those end-uses. The energy use associated with components that belong to the tenant spaces must be excluded from the compliance calculation.

(i) Tenant-supplied lighting (not fixed lighting supplied by the base building owner) for residential apartments have the following values: each bedroom-120 watts; living room-300 watts; dining room-120 watts.

(ii) If the values for the parameters affecting energy use in one or more tenant spaces are known values, these values must be used for both the energy code base building model and the design base building model, except that no value can be less energy-efficient than that required by the energy code.

(iii) If the values of the parameters affecting energy use in one or more tenant spaces are unknown values, then both the energy code base building model and the design base building model must use the prescriptive energy efficiency values of the energy code for these spaces, except that lighting density (general lighting and task lighting) in tenant spaces that are not residential apartments must be as listed for each space type of Table 7.2 of this section. For residential apartments, the following values must be used for the combination of fixed lighting and occupant-provided lighting: each bedroom-120 watts; living room-300 watts; dining room-120 watts; each bathroom-200 watts; kitchen-325 watts; hallway-60 watts; and entrance space-60 watts.

Table 7.2: Lighting Density by Space Type

* For the purpose of selecting space types, a "space" is all contiguous areas which accommodate or are associated with a single space type listed.

(i) Computer-intensive office areas: 2.0 watts per square foot. These areas assume 83 square feet per workstation with computer and monitor at each workstation, plus one printer and facsimile. This figure includes circulations of open floors, but does not include circulations enclosed by floor-to-ceiling walls.

(ii) General office areas, not included in computer-intensive office areas above: 1.5 watts per square foot. These areas assume 100 square feet per workstation with computer and monitor at each workstation, plus one printer and facsimile. These areas comprise typical open-office layouts, including circulations unenclosed by floor-to-ceiling walls, and small storage spaces and conference rooms less than 500 square feet.

(iii) Large conference rooms, not included in general office areas above: 1.0 watts per square foot.

(iv) Corridors (enclosed by floor-to-ceiling walls) and storage areas not included in general office areas above, elevator lobbies, restrooms, janitorial areas: 0 watts per square foot.

(v) Mainframe computer rooms: 50 watts per square foot, or according to design. A lower or higher figure may be used if verified through measurement. Adding nameplate ratings is not acceptable.

(vi) Residential apartments: peak combined electrical demand must be no higher than 4 watts per square foot in each kitchen, 0.5 watts per square foot in each living room, 1.5 watts per square foot in each bedroom and is based on the following assumptions: audio-video equipment, electric clocks, electric appliances for personal hygiene in bathrooms, refrigerator/freezer, microwave, dishwasher. Electric range may add no more than 1 watt per square foot in each kitchen.

(vii) Other space uses: maximum electrical use must account for the fact that not all equipment is used simultaneously.

To perform the compliance analyses, the electrical use of plug equipment must be separately reported in the output of the computer models.

(i) Energy use not assigned to the base building is metered in the computer model and reported in the simulation output. The electricity used by plug equipment and nonvehicular transportation equipment in the whole building, and the electrical and fossil fuels used by process equipment in the whole building is also metered.

(ii) The simulations must be performed for all hours in an entire year, using representative hourly meteorological data.

(i) Using the results from the simulations of the energy code base building model, add the kilowatt-hours (kwh) of all nonbase building uses, such as lighting in tenant spaces, plug equipment, nonvehicular transportation, and process equipment. Add the therms (or gallons, or hundreds of cubic feet [ccf]) for all nonbase building uses, such as domestic hot water (DHW) for tenant spaces and process equipment that uses fossil fuels.

(ii) Perform the same calculations using results from the design base building model. In addition, as noted in subclause (2) of this clause, some results obtained with analyses of the energy code base building model may be used directly for design base building calculations.

(i) From the energy use predicted by both the energy code base building model and the design base building model, subtract the kilowatt-hours, and also the therms, gallons or ccf calculated in subclause (6) of this clause.

(ii) Convert the results to source Btu. Use the actual Btu content of the energy source if known; otherwise use the conversion factors below:

Btu = kwh × 10,000 = therms × 100,000 = cf natural gas × 1,027 = gallons of propane × 86,047 = gallons of #2 oil × 138,700 = gallons of #6 oil × 149,690

(iii) In order to meet the energy use requirements of this part, energy use for the design base building must meet the requirements set forth in paragraph (1) of this subdivision, energy use standards.

(i) For a given space type (as defined in Table 7.1 of this section), select a row in Table 7.1 of this section to determine the type of cooling system in the tenant space. The size of cooling equipment in Table 7.1, column 2 of this section must be the installed cooling equipment in the whole building, not just in the tenant space, except for, buildings with residential units as described in subclause (ii)(b)(3) of this paragraph.

(ii) If the applicable energy code cooling system is an air-cooled chiller, then the energy code tenant space model must use an air-cooled chiller plant for the tenant space. If the applicable energy code cooling system is water-cooled, then the energy code tenant space model must use a water-cooled chiller plant for the tenant space. The type and number of chillers (if applicable) in the plant that serves the tenant space in the energy code tenant space model must be selected as follows:

(iii) Use the heating and reheat fuel used in the space (Table 7.1 of this section) appropriate for the whole building, unless the tenant space has its own primary heating equipment (per section 638.4 of this Part differentiating between base building and tenant spaces). If the design tenant space has its own primary heating equipment, the dominant fuel for the design tenant space must be coded in the energy code tenant space model, in accordance with footnote 1 of Table 7.1 of this section.

(i) The type of HVAC distribution system in the energy code tenant space must the same type as the design tenant space model type.

(ii) For design tenant space with its own primary heating equipment (with the exception of electric resistance heating and geothermal heat pumps) the same system must be modeled in both the design tenant space model and the energy code tenant space model. For electric resistance heating and/or reheat systems, the energy code tenant space model must assume fossil fuel as the primary fuel. For geothermal heat pump systems, the energy code tenant space model must assume a water loop heat pump system with a fossil fuel-fired boiler and cooling tower as the primary fuel.

(i) lighting;

(ii) scheduled lighting controls that turn lights off at a specified hour;

(iii) fans and pumps, including controls; and

(iv) other systems, e.g., water-cooled DX and associated controls.

(i) the building envelope;

(ii) fans and pumps, unless considered part of the tenant space as determined in accordance with section 638.4 of this Part; and

(iii) cooling and heating equipment, unless considered part of the tenant space as determined in accordance with section 638.4 of this Part.

(i) The energy efficiency of energy-using components that belong to the tenant space must comply with the prescriptive requirements of the energy code.

(ii) Assign values for the parameters affecting energy use to tenant space components.

(iii) The energy-using components of tenant spaces for which an application is made must be modeled as built.

(iv) For energy-using systems that do not belong to the tenant improvements in the tenant space applying for green building credit, assign energy use values as follows:

(i) If the tenant space has its own primary cooling equipment and/or primary heating equipment in accordance with section 638.4 of this Part, the following operations must be performed to ascertain the energy efficiency of such equipment:

(ii) A tenant space that does not have its own primary cooling equipment and/or primary heating equipment (section 638.4 of this Part) must use as a starting point and as a reference the computer models created in accordance with this paragraph with the exception of item (i) of this subclause.

(i) Assign the lighting power density to 75 percent of its value by multiplying the watts per square foot or the watts in the tenant space by 0.75, then perform the energy simulations for both the energy code tenant space model and the design tenant space model.

(ii) Multiply both the change in total kilowatt-hours and the change in fuel use by 4.

(iii) Record a decrease in energy use (electricity or fuel) as a positive number (+ sign). Record an increase in energy use (fuel use only) as a negative number (- sign).

(i) Remove the interior glazing layers from the model by coding the U-factor and shading coefficient of the exterior glass into the computer model and discounting any effect caused by the interior glass. Perform an energy simulation with the appropriate design tenant space model.

(ii) Record a decrease in energy use (electricity or fuel) as a positive number (+ sign). Record an increase in energy use (electricity or fuel) as a negative number (- sign).

(i) Assign the DHW use in the tenant space to 75 percent of its value and perform the simulation.

(ii) Multiply both the change in total kilowatt-hours and the change in fuel use by 4.

(iii) Record a decrease in energy use (electricity or fuel) as a positive number (+ sign). Record an increase in energy use (electricity or fuel) as a negative number (- sign).

(i) Assign electrical use of the HVAC fans and pumps that are part of the tenant improvements to zero by setting the supply static pressure to zero and the efficiency to 100 percent. If the software used for simulations does not allow the use of zero or 100 percent, use a value no higher than 0.01 instead of zero, and no lower than 99.99 percent and perform the energy simulation.

(ii) Record a decrease in energy use (electricity or fuel) as a positive number (+ sign). Record an increase in energy use (in this case only fuel use can increase) as a negative number (- sign).

(i) Algebraically sum all changes in electricity use as calculated pursuant to subclauses (6) through (10) of this clause for the following, as applicable, for both the energy code tenant space and the design tenant space:

(i) Convert the results obtained in subclause (11) of this clause to source Btu. Use the actual Btu content of the energy source if known; otherwise, use the conversion factors below:

BTU = kilowatt-hours × 10,000 = therms × 100,000 = cf natural gas × 1,027 = gallons of propane × 86,047 = gallons of #2 oil × 138,700 = gallons of #6 oil × 149,690

(ii) In order to meet the energy use requirements of this Part, energy use calculated for the design tenant space must meet the requirements set forth in this subdivision, energy use standards.

(i) The summation of the electrical kilowatt-hours of plug equipment; non-vehicular transportation equipment; electrical use of process equipment, if any; and the therms (or gallons, or ccf) for all process equipment based on the results of the computer simulations of the energy code whole building model per subclause (5) of this clause.

(ii) Perform the same calculations using results from the design whole building model.

(i) Using the energy use predicted by the energy code whole building model and the design whole building model as specified in subclause (5) of this clause, subtract the kilowatt-hours and the therms or gallons or ccf calculated in subclause (6) of this clause.

(ii) Convert the results calculated in item (i) of this subclause to source Btu using the actual Btu content of the energy source if known; otherwise, use the conversion factors below:

BTU = kilowatt-hours × 10,000 = therms × 100,000 = cf natural gas × 1,027 = gallons of propane × 86,047 = gallons of #2 oil × 138,700 = gallons of #6 oil × 149,690

(iii) In order to meet the energy use requirements of this Part, energy use for the design whole building must meet the requirements set forth in paragraph (1) of this subdivision, energy use standards.

(i) temperatures are controlled by more than one thermostat; and

(ii) the heating or cooling loads are likely to be different in the spaces controlled by the respective thermostats.

(i) each facade (orientation) of the building;

(ii) corner rooms with windows on more than one exposure;

(iii) open-office corner areas with windows on more than one exposure and which are controlled by a separate thermostat;

(iv) core of the building;

(v) top floor versus middle floors versus ground floor;

(vi) functions with significantly different internal heat gains, or with significantly different operation schedules (e.g., general purpose offices versus computer-intensive areas); and

(vii) return air plenums.

(i) they are served by different central plant equipment having different part-load characteristics; or

(ii) they serve areas with different magnitude or profiles for loads.

(i) multiply the thickness of the insulation after having been compressed by the R-value/inch of the uncompressed insulation;

(ii) use manufacturers' data for compressed insulation; or

(iii) use published data for the R-value of compressed insulation based on tests.

(i) ASHRAE/IESNA Standard 90.1-1999, Table A-10 (section A3.3) "Assembly U-Factors for Steel Frame Walls";

(ii) ASHRAE/IESNA Standard 90.1-1999, Table 11 (section A3-4) "Assembly U-Factors for Wood Frame Walls";

(iii) ASHRAE/IESNA Standard 90.1-1999, Table A-12 "Assembly C-Factors for Below-Grade Walls";

(iv) ASHRAE/IESNA Standard 90.1-1999, Table A-13 (section A5.2) "Assembly U-Factor for Mass Floors";

(v) ASHRAE/IESNA Standard 90.1-1999, Table A-14 (section A5.3) "Assembly U-Factors";

(vi) ASHRAE/IESNA Standard 90.1-1999, Table A-15 (section A5.4) "Assembly U-Factors for Wood Joist Floors";

(vii) ASHRAE/IESNA Standard 90A-1999, Table A-16 (section A6) "Assembly F-Factors for Slab-on-Grade Floors";

(viii) ASHRAE Handbook of Fundamentals, 1997, chapter 24, pages 24.9 through 24.12 ("Constructions Containing Metal," "Zone Method of Calculation," and "Modified Zone Method for Metal Stud Walls with Insulated Cavities");

(ix) three-dimensional heat-flow simulations; or

(x) two-dimensional heat-flow simulations.

(i) The computer input must define the glass with the center-of-glass conductance separately from the frame conductance, but only if the simulation software being used to perform the energy models has the capability to separately define the thermal conductance of glass and frame.

(ii) Unit U-factors of the ASHRAE Handbook of Fundamentals, 1997, chapter 29, Table 5 or the U-Factors of ASHRAE/IES Standard 90.1-1999, table A-17 (section A8.1) "Assembly U-factors for Unlabeled Glazed Wall systems (Site-Built Windows) and Unlabeled Skylight."

(iii) A rating by the National Fenestration Rating Council (NFRC) for the entire window (NFRC, 1300 Spring Street, Suite 500, Silver Spring, MD 20910 nfrcusa@aol.com).

(i) The footcandle levels in the thermal zone that does not include the windows must be found by performing a simulation with a light analysis computer program such as Radiance or Adeline, both by Lawrence Berkeley Laboratory, 1 Cyclotron Road, Berkeley, CA 94720, or by using a scale model. This light level must be determined for at least one typical day in summer, winter, spring or fall, and for at least 3 hours (one morning, one noon and one afternoon) for each of those days.

(ii) The energy analysis model must be coded to reflect the energy savings due to natural light. A schedule that reduces the electric lighting during the day is an acceptable means to approximate the effect of daylight on thermal zones that do not include windows.

(i) The modeled temperature in spaces for occupancy periods during the heating season must be no higher than 72 degrees Fahrenheit, except for residential rentals and daycare centers, where it must be no higher than 74 degrees Fahrenheit, and special uses such as swimming pool areas or saunas.

(ii) Heating temperature schedules must assume that heating recovery from setback (if applicable) starts no more than two hours and no less than one hour before opening the building for occupancy. The heating temperature in the building must be ramped from the setback temperature to the temperature for the occupied space in approximately equal steps.

(iii) Cooling temperature schedules must assume that recovery from setup (if applicable) starts no more than one hour before occupancy.

(iv) The schedules for occupancy, lighting, plug equipment, process equipment heating, cooling, fan, pump, and outside air must be coordinated.

(i) These detectors must also meet the reliability requirements of ASTM D22.05.

(ii) The number, type, selection and placement of all CO detectors or alarms must meet National Fire Protection Association (NFPA) 720, Recommended Practice for the Installatio n of Household Carbon Monoxide (CO) Warning Equipment, 1998 edition (see section 638.10 of this Part). Locations must include mechanical equipment rooms, attached parking garages, and adjacent occupied units.

(1) following the procedures in subclause (2) of this clause, review the following document:

(2) The review required by subclause (1) of this clause must be conducted, at a minimum, with respect to:

(3) Interview owner, and where applicable tenant representatives for each occupied space, to ascertain whether there are indoor air quality complaints. Where such complaints exist, identify their nature and the building areas associated with them.

(4) Examine the records of indoor air quality complaints as required by section 638.9(c)(5) of this Part. Determine any patterns, their magnitude, distribution and duration.

(5) Review ventilation system operation with building engineer or designated IAQ manager. Perform a site walk-through inspection covering all relevant areas, including at a minimum:

(6) Inspect for signs of water damage or microbial contamination and test for improper air pressure relationships. The qualified professional must immediately notify building management of deficiencies observed during the site walk-through.

(7) Inspect and review design and operational parameters of the HVAC system, including at a minimum the following:

(8) Evaluate recent of rehabilitation or maintenance that can be a source of contaminants. The following must be evaluated where applicable:

(9) Identify indoor contaminant sources. The following sources must be included in this inventory where applicable:

(10) Identify outdoor contaminant sources. The following must be included in this inventory where applicable:

(11) Identify areas with different occupancies or different potentials for IAQ problems. The following must be included in this inventory where applicable:

(i) 20,000 square feet or less in size; or

(ii) areas in one ventilation zone.

The qualified professional is to determine whether subclause (1) or (2) of this clause is applicable and must use the more stringent requirement.

(i) Areas containing combustion sources. Where applicable, testing must be conducted in attached parking garages; mechanical rooms with fossil fuel used to actuate boilers, furnaces, DHW heaters, chillers, desiccant dehumidifiers, heat pumps or other equipment; occupied spaces with fossil fuel- or wood-fired stoves, fireplaces, vented or unvented heaters and appliances.

(ii) Occupied spaces that share a wall, floor or ceiling slab with areas referenced in item (i) of this subclause, including custodial rooms. Carbon monoxide testing must be coordinated with equipment tuneup and maintenance schedules required by the IAQ management plan for operations and maintenance by paragraph (c)(3) of this section.

(i) EPA's A Standardized EPA Protocol for Characterizing Indoor Air Quality in Large Office Buildings (1994), June 1994; and

(ii) EPA's Quality Assurance Overview Document for the U.S. Environmental Protection Agency's Office of Research and Development and Office of Air and Radiation Large Building Studies (1994), prepared by EPA Atmospheric Research and Exposure Assessment Laboratory, Research Triangle Park, NC and EPA Office of Radiation and Indoor Air, November 1994.

(i) Data from each ventilation zone must comply with the standards presented in Table 7.3 of this section. If more than one location has been tested in one ventilation zone, the results obtained from that ventilation zone are averaged prior to the comparison. The qualified professional must certify that test results from each ventilation zone in the space for which the green building credit is being sought comply with the standards set forth in this paragraph.

(ii) For test results obtained for carbon dioxide and carbon monoxide, the data must be in the form of data logged results, with data points representing averages within the time periods specified in the IAQ testing protocol. Data will be considered to be in compliance with the standards presented in Table 7.3 of this section if the measured indoor values are less than or equal to those values, with an allowance that any accumulated period of no more than five minutes may exceed those values.

(iii) For test results obtained for particulates, radon, total volatile organic compounds, volatile organic compound scan and formaldehyde, the data must be in the form of integrated results, averaged over the time period specified in the IAQ testing protocols contained in subparagraph (2)(iii) of this subdivision. Data will be considered to be in compliance with the standards presented in Table 7.3 of this section if the values are less than or equal to those values.

(iv) For each taxable year during which any part of the space is occupied space at any time, and for which a taxpayer claims a green building credit, if testing is conducted and there are exceedences in any part of the space for which the green building credit is being claimed, that entire space will not qualify for the green building credit unless:

(i) HVAC protection;

(ii) contaminant source control;

(iii) interruption of moisture/pollutant pathway;

(iv) housekeeping; and

(v) scheduling of events to protect indoor air quality by:

(i) an overview of tasks to be executed;

(ii) a list of reference documents, including specification references, drawing list, and submittal drawings;

(iii) a list of primary participants in the process and their responsibilities;

(iv) a plan for management, communication and documentation;

(v) an outline of the scope of the IAQ management process during construction, including submittal review, inspection, and enforcement;

(vi) the expected written work products, including checklists and worksheets; and

(vii) an activity schedule.

(i) designate a representative with daily responsibility for IAQ issues;

(ii) include procedures related to the IAQ management plan during construction on the agenda during every preconstruction meeting and during every regularly scheduled meeting;

(iii) store building materials in a weather-tight, clean area protected from dust, debris and moisture damage;

(iv) keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the work. Identify the storage, disposal and housekeeping practices to be applied to building supplies and waste materials to protect building systems from contamination;

(v) submit a special construction schedule to prevent Type 2 finishes from acting as sinks for storage and subsequent release of contaminants emitted from Type 1 finishes. Specifications must identify per location whether every finish is Type 1 finish or Type 2 finish. In the schedule, the contractor must include appropriate allowances for drying or curing times of Type 1 finishes before installation of Type 2 finishes, based on technical specifications provided by the manufacturers;

(vi) provide 100 percent outside air continuously during installation of materials and finishes, beginning after the building is substantially enclosed, according to subdivision (g) of this section. Where a supply air system is already installed, it must have filters in place before work begins;

(vii) the permanent HVAC system may be used to move both supply and return air provided the following conditions are met:

(viii) coordinate duct testing and cleaning procedures with the commissioning requirements set forth in section 638.8 of this Part to ensure that they may be witnessed and documented by the commissioning authority; and

(ix) provide the owner or tenant a building or tenant space, as applicable clean, dry and free of debris.

(i) all meeting minutes, checklists, worksheets, notifications and deficiency or resolution logs related to construction or rehabilitation IAQ issues;

(ii) a listing of all temporary usages of building mechanical plant, cut sheets of filtration media used during construction and installed immediately prior to occupancy, and schedule of filter replacement and changeouts;

(iii) progress photographs of job site sufficient to document implementation of construction or rehabilitation IAQ management measures during each phase of construction; and

(iv) documentation of duct testing and cleaning.

(i) Standards. An indoor air quality management plan for operations and maintenance must be implemented for a base building or tenant space, in accordance with the following requirements:

(ii) Components. The IAQ management plan for operations and maintenance must be informed by the documents listed in clause (i)(a) of this paragraph and must include the following eight action items:

(i) A new base building must meet the requirements of Criterion 1 set forth in item (iv) of this subclause. If the projected toilet/urinal water use of the base building is less than 20 percent of total projected water use of the base building, the requirements of Criterion 2, set forth in item (v) of this subclause, must also be met.

(ii) A base building that is remodeled and that has a projected toilet/urinal water use of greater than 20 percent of the total water use of the base building must meet the requirements of either Criterion 1 set forth in item (iv) of this subclause or Criterion 2 set forth in item (v) of this subclause. If the projected toilet/urinal water use is less than 20 percent of the total water use of the base building, the base building must meet the requirements of Criterion 2 set forth in item (v) of this subclause.

(iii) To meet the requirements of the criteria set forth in items (iv) and (v) of this subclause, any type of alternate supply water may be used singly or in combination. The various water types of alternate supply water may be combined at a point in the stream that is appropriate for the level of treatment each requires. The alternate supply water must be dyed using a permanent nontoxic dyeing system, to allow clear differentiation between the potable and nonpotable water streams at all times.

(iv) Criterion 1: alternate supply water used for flushing urinals and toilets.

(v) Criterion 2: alternate supply water is used for 20 percent or more of the water needs of the base building.

(vi) Inefficient use of alternate supply water may not be used to inflate the alternate supply water percentage. The alternate supply water must be used with the same water conservation measures that would be normally taken for potable water.

(i) Criterion 1: all private toilets cascade handwash water to the toilet bowl.

(ii) Criterion 2: all institutional laundry machines must reuse post-wash rinse water as laundry wash water. All institutional laundry machines (if any) on the premises must have and must utilize the capability of reusing post-wash rinse water as laundry wash water.

(i) Checklists. The construction documents must include a brief description of the checklists and tests to be performed upon completion of the alternate supply water system.

(ii) Field inspection. The field inspection is intended to document whether the alternate supply water system meets the requirements necessary to qualify for the green building credit. The field inspection provides no assurance of system safety. Safety inspection, if required, is a separate issue. The field inspection must include the following:

(i) For all tenant space and/or steel-framed base buildings, use a minimum of 50 percent of building materials that contain in aggregate a minimum weighted average of 20 percent post-consumer material, or, a minimum weighted average of 40 percent pre-consumer material.

(ii) For nonsteel framed base buildings, a minimum threshold of 25 percent (not 50 percent) must apply.

(iii) Percentage of building materials must be calculated as the installed cost of materials; with recycled content divided by the total installed cost of all building materials (exclusive of mechanical and electrical material and labor costs, project overhead and fees), multiplied by 100. Material cost may be used in lieu of installed cost if this substitution is made for all cost calculations in this Part.

(i) For base building and/or tenant space, use rapidly renewable materials for one percent of total building materials.

(ii) Percentage of building materials must be calculated as the installed cost of rapidly renewable materials divided by the total installed cost of all building materials (exclusive of mechanical and electrical material and labor costs, project overhead and fees), multiplied by 100. Material cost may be used in lieu of installed cost if this substitution is made for all cost calculations in this Part.

(i) Adhesives must meet or exceed the VOC limits of California's South Coast Air Quality Management District Rule #1168, Adhesive and Sealant Applications (adopted April 7, 1989 with amendments through September 15, 2000), available at www.aqmd.gov/rules/html/r1168.html; (see section 638.10 of this Part) and all sealants used as a filler must meet or exceed California's Bay Area Air Resources Board Reg. 8, Rule 51, Organic Compounds: Adhesive and Sealant Products (adopted November 18, 1992, with amendments through January 7, 1998), available at www.baaqmd.gov/regs/rg0851.pdf; (see section 638.10 of this Part).

(ii) Interior and exterior paints used as topcoats must meet the product-specific performance and environmental requirements of Green Seal's Standard for Architectural Coatings (GS-11) (First edition, May 20, 1993) and Green Seal's Choose Green Report on Architectural Paints (December, 1999). Green Seal, 1001 Connecticut Avenue, NW, Suite 827, Washington, DC 20036, www.greenseal.org; (see section 638.10 of this Part).

(iii) Carpet systems must meet the carpet and Rug Institute Green Label Indoor Air Quality Testing Program, Carpet Indoor Air Quality Specification, CRI0596, May 1996. Listings of carpets meeting the labeling requirements of the CRI can be found at www.carpet-rug.org; (see section 638.10 of this Part).

(iv) Composite wood or agrifiber products must contain no added urea-formaldehyde resins.

(v) Cut sheets and material safety data sheets for products must be retained to document compliance with VOC content limits and exclusions for chemical components and urea-formaldehyde.

(i) For base building, maintain at least 75 percent of the existing building structure (foundations, columns, beams, floors) and shell (exterior skin, excluding window assemblies but not excluding glass curtain walls). For tenant space, maintain at least 75 percent of interior walls, ceilings and flooring. Retain pre-construction and post-construction plan and elevation drawings highlighting reused structure and shell elements. Percentage of building materials must be calculated as the amount (volume or weight) of building material element reused divided by the total amount (volume or weight) of that building material in the existing building, multiplied by 100. For shell and walls, ceilings and floor coverings, the calculation is based on area (in square feet). For structural foundation and frame, the calculation is based on volume (in cubic feet).

(i) Select all construction materials and furnishings, including paints, adhesives, sealants, caulks, carpet, floor and wall coverings, composite wood products, drywall products, concrete deck leveling compounds, furniture and insulation products, according to the California Department of Health Services document, Reducing Occupant Exposure to volatile organic compounds (VOCs) from Office Building Construction Materials: Non-Binding Guidelines, July 1996. Available at www.cal-iaq.org/VOC/ (see section 638.10 of this Part).

(ii) Material safety data sheets, chemical content listings, emissions test data and calculations, ventilation and installation protocols, product specifications and occupancy schedules must be retained to document compliance.

(i) Specify salvaged or refurbished materials for 10 percent of all building materials. Steel or wood beams, brick, stone, paving materials, wood flooring, doors, hardware, carpet tiles, and lighting fixtures would comply with this requirement if salvaged or refurbished.

(ii) Percentage of building materials must be calculated as the installed cost of materials which are salvaged or refurbished divided by the total installed cost of all building materials (exclusive of mechanical and electrical material and labor costs, project overhead and fees). The quotient is then multiplied by 100. Material cost may be used in lieu of installed cost if this substitution is made for all cost calculations in clause (a) of this subparagraph. If the cost of the salvaged or refurbished material is below market value, use replacement cost to estimate the material value, otherwise use actual cost to the project.

(i) only where needed for sound attenuation (e.g., in fan discharge and inlet plenums, in limited sections of duct risers and mains, and in variable air volume boxes), not solely for thermal insulation or condensation control;

(ii) only in clean and dry areas, not in wet sections of air handlers (e.g., not in coil sections or humidifier sections);

(iii) with protective liner facings to resist damage and wear; and

(iv) having perforated double wall construction, with mylar or other facing inside the liner, for air handlers >30,000 cfm.

(i) All synthetic carpeting (including face fiber, primary backing, and secondary backing) must:

(ii) All synthetic carpet cushion must:

(i) Flyash and/or other recycled content. 75 percent of the concrete, concrete masonry units or autoclaved aerated cellular concrete must contain flyash and/or other recycled content. Percentage must be calculated as the volume (in cubic yards or feet) of concrete with flyash and/or recycled content divided by the total volume (in cubic yards or feet) of concrete, multiplied by 100:

(ii) Nonhazardous bond breakers, curing compounds, form release agents. 100 percent of all bond breakers, curing compounds and form release agents must be composed of nonpetroleum based, nonhazardous (i.e., without chlorinated solvents or heavy metals) ingredients.

(iii) Steel forms, slip forms, preformed blocks. 75 percent of the steel forms, slip forms and preformed blocks must meet these requirements. Use one or more of the following: modular steel forms; slipforms; or preformed blocks for concrete forming; permanent formwork made from expanded polystyrene manufactured without the use of chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs). Percentage must be calculated as the surface area (in square feet) of compliant formwork, divided by the total surface area (in square feet) of all formwork, multiplied by 100.

(i) Certified sustainably harvested wood. For all new wood (i.e., not salvaged or refurbished wood) excluding furniture in buildings that do not have a wood structure, use a minimum of 50 percent of certified wood. For buildings with a wood structure, the minimum is 75 percent instead of 50 percent. Percentage must be calculated as the installed cost of certified wood divided by the total installed cost of new wood-based material, multiplied by 100. Material cost may be used in lieu of installed cost if this substitution is made for all cost calculations in clause (i)(b) of this paragraph.

(ii) Millwork substrates. 75 percent of the millwork substrates used must meet one or more of the six categories in subitems (A) through (F) of this item. Percentage must be calculated as the installed cost of compliant millwork divided by the total installed cost of all millwork, multiplied by 100. Material cost may be used in lieu of installed cost if this substitution is made for all cost calculations in clause (i)(b) of this paragraph.

(iii) Substitution option A: pressure treated wood. For the purpose of compliance with these regulations, pressure treated wood use is permitted only where required by applicable building code. Chemicals classified by the International Agency for Research on Cancer (IARC) as Group I (carcinogenic to humans), Group 2A (probably carcinogenic to humans), or Group 2B (possibly carcinogenic to humans) must not be used in manufacture of pressure treated wood. Noncompliant products include, but are not limited to, chromated copper arsenate (CCA) treatments, ammoniacal copper zinc arsenate (ACZA) treatments, and those using pentachlorophenol or creosote. IARC Program on the Evaluation of Carcinogenic Risks to Humans, List of IARC Evaluations, revised December 5,1998; (see section 638.10 of this Part) available at http://193.51.164.11/monoeval/grlist.html. Compliant pressure treated wood may substitute for all or a portion of the certified wood or millwork selected to meet subclause (1) or (2) of this clause. For the certified wood calculation, the percentage must be calculated as the installed cost of certified wood and compliant pressure-treated wood divided by the total installed cost of all new wood-based material. The quotient is then multiplied by 100. For the millwork calculation, the percentage must be calculated as the installed cost of compliant millwork and compliant pressure-treated wood divided by the installed cost of all millwork and compliant pressure-treated wood. The quotient is then multiplied by 100. In either calculation, material cost may be used in lieu of installed cost if this substitution is made for all cost calculations in clause (i)(b) of this paragraph.

(iv) Substitution option B: plastic lumber or composite lumber used for exterior patio, terrace or decks. 100 percent recycled plastic lumber, a minimum of 90 percent from post-consumer material, or composite lumber, manufactured from a minimum of 75 percent recycled content plastic and wood or biobased material, must be used. Compliant plastic and composite wood may substitute for all or a portion of the certified wood or millwork selected to meet items (i) or (ii) of this subclause. For the certified wood calculation, the percentage must be calculated as the installed cost of certified wood and compliant plastic and composite wood divided by the total installed cost of all new wood-based material. The quotient is then multiplied by 100. For the millwork calculation, the percentage must be calculated as the installed cost of compliant millwork and/or compliant plastic and/or composite wood divided by the installed cost of all millwork and compliant plastic and composite wood. The quotient is then multiplied by 100. In either calculation, material cost may be used in lieu of installed cost if this substitution is made for all cost calculations in clause (i)(b) of this paragraph.

(i) Batts and blankets.

(ii) Foamed in place.

(iii) Blown-in.

(iv) Rigid/semi-rigid board.

(i) Resilient flooring.

(ii) Solid flooring.

(iii) Tile.

(i) Mineral fiber, recycled content. Mineral-fiber acoustical ceiling panels must contain 75 percent combined pre-consumer material and post-consumer material (by weight).

(ii) Wood-fiber based, with no formaldehyde binders. Acoustical ceiling panels must contain at least 40 percent wood fibers and be manufactured with formaldehyde-free binder.

(iii) Perlite-based, with no formaldehyde binders or friable mineral fibers. Acoustical ceiling panels must contain no manmade mineral fibers and be manufactured with formaldehyde-free binder.

(iv) Straw-based, or incorporating other agricultural waste fibers. Acoustical ceiling panels must contain at least 90 percent straw or other agricultural waste fibers.

(v) Recycled metal. Metal ceilings must contain at least 50 percent combined pre-consumer material and post-consumer material (by weight).

(i) Nylon (or recycled fiber) carpet and carpet tile. Carpet fiber and/or carpet backing must contain a minimum of 25 percent pre-consumer and post-consumer material. The percentage of recycled content is based on the weight of the component materials. Agricultural- or nonpetroleum-based polymers can be included in lieu of recycled content. Alternatively, the carpet must meet the recycled contents content requirements and product specifications, as available, listed in the U.S. Environmental Protection Agency's Comprehensive Procurement Guideline for Products Containing Recovered Materials. 65 Fed. Reg. 3,070 (final, January 19, 2000) (codified at 40 CFR 247.1) (see section 638.10 of this Part) (EPA CPG). Lists available at www.epa.gov/cpg.

(ii) Natural fiber carpets-wool, sisal, coir, hemp, cotton, linen. Carpet fiber must contain at least 50 percent wool, sisal, coir, cotton or linen fibers, with natural or vegetable dyes for color, with a primary and secondary backing of jute/cotton.

(iii) Carpet and carpet tile leasing, recycling, remanufacturing. Carpet and carpet tile must meet one of these three requirements:

(i) Paints. Interior and exterior paints. Chemical exclusions and low volatile organic compound (VOC) content: interior and exterior paints used as topcoats must meet the product-specific performance and environmental requirements of Green Seal's Standard for Architectural Coatings (GS-11) (First edition, May 20, 1993) and Green Seal's Choose Green Report on Architectural Paints (December, 1999) (see section 638.10 of this Part). Green Seal, 1001 Connecticut Avenue, NW, Suite 827, Washington, DC 20036. www.greenseal.org.

(ii) Architectural coatings. Low volatile organic compound (VOC) content: architectural coatings, other than interior and exterior topcoat paint, must meet the VOC content limits of the California's South Coast Air Quality Management District Rule 1113, Architectural Coatings (adopted September 2, 1977, with amendments through May 14, 1999) (see section 638.10 of this Part), available at www.aqmd.gov/rules/html/r1113.html wherever these VOC content limits are more stringent than required by law.

(i) Low volatile organic compound (VOC) content. Adhesives must meet or exceed the VOC limits of California's South Coast Air Quality Management District Rule #1168, Adhesive and Sealant Applications (adopted April 7, 1989 with amendments through September 15, 2000) (see section 638.10 of this Part), available at www.aqmd.gov/rules/html/r1168.html; and all sealants used as a filler must meet or exceed California's Bay Area Air Resources Board Reg. 8, Rule 51, Organic Compounds: Adhesive and Sealant Products (adopted November 18, 1992, with amendments through January 7, 1998) (see section 638.10 of this Part), available at www.baaqmd.gov/regs/rg0851.pdf.

(ii) Commercial adhesives. Chemical exclusions and low volatile organic compound (VOC) content. Adhesives must meet the product-specific performance, health and environmental requirements of Green Seal's Standard for Commercial Adhesives (GS-36) (October 19, 2000). Green Seal, 1001 Connecticut Avenue, NW, Suite 827, Washington, DC 20036, www.greenseal.org; and all sealants used as filler must meet or exceed Bay Area Air Resources Board Reg. 8, Rule 51 (January 7, 1998) (see section 638.10 of this Part), available at www.baaqmd.gov/regs/rg0851.pdf.

(i) Environmental specifications: 50 percent of the new furniture, except for furniture used for process, must meet the indoor air quality, recycled content, CFC and HCFC, and waste audit requirements outlined in the State of California Department of General Services, Procurement Division, Final Environmental Specifications for Office Furniture Systems, revised December 15, 2000 (see section 638.10 of this Part).

(ii) Emissions testing: 50 percent of the new office workstations must meet the emissions limits outlined in EPA's Headquarters Office Furniture Specifications. Furniture is to be tested using the Large Chamber Protocol for Measuring Emissions of VOCs and Aldehydes from office workstations, produced by Research Triangle Institute for the EPA National Risk Management Laboratory Office of Research and Development, Research Triangle Park, NC, 1999 (see section 638.10 of this Part). Available at http://etv.rti.org/iap/document.cfm or www.epa.gov/etv/test_plan. htm#prevention.

(iii) Upholstered furniture: 50 percent of new upholstered furniture must be upholstered with fabric with one or more of the following properties: recycled fiber, recyclable components, reusable or biodegradable material.

(iv) Certified wood furniture: 50 percent of solid wood furniture must originate from certified wood.

(v) Reconditioned, remanufactured or reused furniture: 50 percent of new furniture must be reconditioned, remanufactured or reused. Remanufacturing restores durable products to serve their original function by replacing worn or damaged parts. Reconditioned or remanufactured furniture includes those remanufactured in a closed loop system, in which the owner supplies products for remanufacture and then buys them back and those remanufactured in an open system, in which the consumer purchases remanufactured furniture the consumer did not originally own.

(i) This substitution option can only be used for base buildings in which the roof area is at least 10 percent of the total floor area, excluding parking areas within the building.

(ii) Use a green roof for at least 50 percent of the roof area, using layering technology and either one of two types of green roof: extensive or intensive. Percentage of roof area must be calculated as the area (in square feet) of the green roof divided by the total area of roof surface (in square feet) multiplied by 100.