A Federal Definition of “Zero Emissions” Building was just released…what does that even mean?
Photo by Jason Mavrommatis on Unsplash
We Love Definitions
Definitions are great: they help ensure parties are on the same page, they create a common language, and they are a key part of every good (read, well-drafted) contract. Definitions can also help create a performance standard or scope for designers, architects, and in marketing materials.
In a space like sustainability and climate work - where things are changing rapidly, clear definitions are key to managing a variety of risks, including greenwashing (learn more about California’s anti-greenwashing legislation, AB 1305, here).
“Net Zero” can be a Tricky Term (but it doesn’t have to be)
This means that it is very helpful when industry-driven definitions are released. Last month (June, 2024), the U.S. Department of Energy released the “National Definition of a Zero Emissions Building Part 1: Operational Emissions from Energy Use, Version 1.”
You can read the definition document at this link. Obviously, the document contains additional context and commentary, but here is the key Criteria:
https://www.energy.gov/sites/default/files/2024-06/bto-national-definition-060524.pdf
And the Purpose statement sums up the why, as well as the challenges and opportunities inherent in attempting to create this type of definition:
https://www.energy.gov/sites/default/files/2024-06/bto-national-definition-060524.pdf
What are the implications and considerations?
It is important to note that this type of definition, even though it is published by the Department of Energy, is not in-and-of-itself a law or regulatory standard. Government entities and regulatory agencies publish these types of non-binding definitions and guidance all the time (another good example is the Federal Trade Commissions “Green Guides”). They can be incorporated into law, or used as evidence of violation of (or compliance with) law, but on their own they are not legally enforceable standards.
These types of standards can also help reduce greenwashing, by creating a common, agreed-upon language. While the Zero Emissions definition is not perfect or even complete, as other commentators have pointed out, it is a strong start. And from a legal perspective, industry-backed definitions are very helpful guideposts; because generally speaking, clarity benefits all parties.
And finally, for documentation and verification (see pages 4 - 5), owners and tenants will want to ensure they can access the data they need to support “Zero Emissions” claims. A key to accessing and managing this data - leases. Check out this article and contact us to learn more!
This is common sense, but bears repeating: this blog is intended for informational purposes and does not contain or convey legal advice. The law is inherently fact specific. General information, including this blog, should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you. Climate Aligned Law is licensed in Washington state.