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Wes Sullens, Stopwaste.org, clarified that more important is what constitutes the definition of Tier 1 measures, and he provided examples stating Tier 1 has a list of required pre- requisites above and beyond the mandatory code, a menu of options to select, and some required pre- requisites which are vague without definition. One example is impermeable paving, which is a 20% requirement and lower than any green building standard. There is an exemption for driveways and walkways with patios which are not an exemption in the other rating systems. Radiant roof barriers are standard practice and code in most projects built in the City. There is a vague measure about radiant hydronic heat as being innovative without definition of why it is a green measure of what it specifically means. A main issue that illustrates the problems is flooring systems —a measure requires a certain amount of toxic emissions from flooring materials as certified by the Collaborative for High Performance Schools, and this list is no longer live on the website and is no longer being administered. Without leadership from the State, it falls on staff to determine definitions for green building measures. The whole idea from the Tier program was to have a consistent green building standard above minimum code, and if this is defined in each jurisdiction, it makes it difficult to have consistency. He also said green point rated and LEED both allow things that track performance in buildings and can tie them back to Climate Action Plans to show that by building it green, you are saving emissions in energy, water, and waste. Lastly, they just produced a guidebook on LEED projects which is how to document the mandatory measures of CalGreen on LEED projects because there is a lot of duplication and it is not yet clear how to do this. Councilmember Sullivan said staff has done an evaluation of points and determined that from a point standpoint, Tier 1 is roughly equal to the City's existing ordinance requirements. He is concerned that this might not be a good enough comparison, and questioned whether it is vague and requires more interpretation. Mr. Sullens said he believes they are largely similar in that aspect. He noted that Build It Green did their own analysis of CalGreen Tier 1 and the score they arrived at was more like 33 to 34 points and slightly less than equivalent certification. Councilmember Sullivan questioned whether procedures and protocols would be clarified. Mr. Sullens said it is hard to say; the one procedure out for non - residential provides for more clarity but it still adds a level of flexibility that is not there in the green point rating system. Councilmember Sullivan questioned why the State released the mandate without providing all of the information cities need to do it. Mr. Sullens said he believes that the tiers were considered the parking area for measures thought to be too aggressive and for developers to have a checklist they could approach cities with. It was a place to put things that may become mandatory in the future. He noted Stopwaste.org has been pushing for green building standards by the State. They got close to having green point rated and LEED being a referenced standard for the State by the EPA and others, but the Governor vetoed a bill and thought it could be done in the State code, and this is what exists today. Councilmember Sullivan cited comparisons mentioned from other cities, and he questioned what Alameda County cities are doing based on Stopwaste.org recommendation to not abandon LEED and green points right away. Mr. Sullens said most cities are staying with their current ordinance. Oakland has passed a progressive one. Union City has a green point rated requirement and a Stopwaste.org small commercial checklist they developed for projects under the LEED threshold in terms of size and scope. Fremont, Livermore and Dublin are keeping their existing ordinances. There is a LEED ordinance in all civic projects in Alameda County and a few scatterings of private sector policies based on green point rated and LEED. City Council Minutes Page 9 of 15 January 4, 2011