Green Real Estate Summit 2010: What Attorneys, Developers, Regulators, Tenants & Lenders Need to Know

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

The private real estate industry has embraced “green” as a key component of developing, renovating, managing and operating buildings and communities. Regulations and legislation at every level of government is increasingly mandating energy efficiency and other components of sustainability.  Billions of dollars in Federal stimulus funding are being devoted to energy efficiency and carbon footprint reduction strategies. Now that sustainable real estate has moved from grassroots to being accepted, demanded and mandated, and in some case publically funded, a variety of practical and specialized legal issues must be considered.

What You Will Learn

• As thousands of new legislative and regulatory mandates and incentives take effect at the local, state and federal levels, gain an understanding about these new rules and regulations and their implications for developing, managing, leasing and financing real estate
• Learn how to “green” real estate documents, from leases, financing documents and contracts of sale, to design agreements and construction contracts between owner and various service providers
• Discuss allocation of risk and responsibility for green results and how to slice and dice the costs and benefits of green building features between members of the project team and landlords and tenants
• Learn how to navigate the red tape and access the green benefits of local, state, federal and utility based incentives for green buildings
• Gain an understanding of the carbon trading regiments at the state, regional and potentially federal levels and how that will impact real estate
• Examine cost effective options for existing properties, new developments, and the benefits of sustainability that go beyond bricks and mortar
• Review the new Leadership in Energy and Environmental Design (LEED) version 3.0 green building rating system and the legal implications for transactional and litigation attorneys as a result

In addition, noted green building experts, both legal and non-legal, will discuss:

• Principal components of a high performing, or green, building
• Green building certifications and the resulting legal implications
• The regulatory landscape and how it is changing
• Governmental mandates, incentives and funding for green buildings and the resulting challenges and opportunities for the private sector
• Key “green” provisions and issues to consider when drafting leases, design and construction agreements, financing documents and power purchase agreements

Who Should Attend

Law firm and in-house counsel, real estate owners, managers, developers, tenants, bankers, and regulators that have responsibility for the built environment.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.
 
For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A continental breakfast will be available upon your arrival.

Morning Session:  9:00 a.m. - 12:45 p.m.

9:00  Welcome and Introduction

Ellen Sinreich

9:15  Understanding the Federal, State and Local Regulatory Landscape

• State and Local trends
  - Mandates vs incentives
  - Energy Efficiency
  - Water Efficiency
  - Incorporating LEED into regulatory requirements
• The Obama Administration and the 111th Congress
  - The Legislative Response to Climate Change
  - The Regulatory Response to Climate Change
  - The Recovery Act: What does it mean for Real Estate
  - Executive Orders for Carbon Footprint Reductions
  -  What does the future hold?

Candace Damon, Michael B. Gerrard

10:45  BREAK

11:00  The Greening of Real Estate Documents

• Leases
  -  Green Leases - What are they, why do they matter?
  -  Review of key green lease provisions
  -  The split incentive disincentive
  -  Cost/Benefit allocation of green building features between landlord and tenant
  -  Greening the leasing process: how to make going green easy
• Design and Construction Documents   
  - Proper allocation of risk and responsibility for green results  
  - Green Changes to Standard AIA Documents
  - Consulting agreements:  LEED and other professionals
  - Documenting new technologies and project delivery methods

Mary Jane Augustine, Ellen Sinreich

12:15  Lunch

Afternoon Session:  1:15 p.m. - 4:45 p.m.

1:15  The Real Estate Owner’s Perspective: Opportunities and Risks…..

• Legal Implications of the Leadership in Energy and Environmental Design (LEED) Rating System Version 3.0
  - A legal/risk analysis of the differences between LEED v 3.0 and prior versions
  - Methods of minimizing the real estate owner’s exposure to LEED v 3.0 risks
  - LEED v 3.0 and its applications to projects that were registered or certified under prior versions - a word of caution
  - Transactional considerations: financing documents
• Risks and Opportunities from the Real Estate Owner’s Point of View 
  - One of the most successful “green” real estate owners will share with us strategies and techniques for greening a large real estate portfolio.
  - Learn how to evaluate the green features of a project in terms of creating economic value and business opportunities in today’s marketplace.
  - Understand how to prioritize green investments and add value to real estate projects, portfolios and companies 

Alice Cook, Richard J. Sobelsohn

2:15  The New Green Building Paradigms:  Building Performance and Emerging Mandates, Alternative Energy Sources and Power Purchase Agreements 

• Alternative Energy: The Practical and Legal Ramifications
  - Alternative energy opportunities: the costs and benefits
  - Understanding the practical considerations
  - Allocating the risks, harnessing the opportunities
  - Permitting considerations - what are the requirements?
  - Negotiating and documenting the alternative energy transaction
• Building Performance Imperatives - Understanding the New Paradigm
  - Learn how cost effective improvement in the design and operation of buildings have the potential to avoid $1.2 trillion in expenses over the next decade and the role of public policy and market opportunities. 
  - Understand the implications of emerging mandates for improved performance from planning, through permitting, design, construction and finally into operations and maintenance. 
  - Consider how performance commitments should be defined and realized at each step of the development process and life cycle of real estate projects.

Frederick R. Fucci, Christopher R. Pyke

3:15  Break

3:30  Finding Green for Green in 2010: Capitalizing Sustainable Real Estate

• Finding capital for green building projects continues to pose a formidable challenge for 2010.  But government stimulus initiatives, the use of innovative financing vehicles and the astute use of private equity markets can help to raise financing for sustainable real estate projects, products and services.
  - The U.S. General Services Administration (GSA) is the nation's largest developer of green space and buyer of green building products and services.  Learn how to position your clients to do business with the GSA.
  - Tax lien and on-bill financing strategies are being adopted by state and municipal governments throughout the U.S. as vehicles for encouraging the sustainable retrofit of municipal, residential and commercial properties. This session provides an in- depth look at structuring green retrofit loans under these innovative financing vehicles.
  - Even in these challenging times, it is still possible to find private capital to finance green real estate projects. This panel looks at sustainable property finance opportunities in the private equity markets, and recommends joint venture and other useful approaches in structuring transactions.

John Christmas, Leanne Tobias, David L. Winstead, Marc O. Winters

Faculty

Chairperson(s)

Ellen Sinreich, Esq., LEED AP, President/CEO, Green Edge, LLC

Speaker(s)

Mary Jane Augustine, McCarter & English LLP
John Christmas, Senior Vice President, Hannon Armstrong
Alice Cook, LEED AP, Director of Sustainability, Time Equities Inc
Candace P. Damon, Vice Chairman, HR&A Advisors, Inc.
Frederick R. Fucci, Arnold & Porter LLP
Michael B. Gerrard, Andrew Sabin Professor of Professional Practice; Director, Center for Climate Change Law, Columbia Law School
Christopher R. Pyke, Director of Research, US Green Building Council
Richard J. Sobelsohn, Moses & Singer
Leanne Tobias, Managing Principal LEED AP, Malachite LLC
David L. Winstead, Ballard Spahr LLP
Marc O. Winters, LEED AP, McNaul Ebel Nawrot & Helgren PLLC

Program Attorney(s)

Meghan C. Forgione, Practising Law Institute

CLE Credit

Travel Information

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com.