The Board of Supervisors of the county of Alameda hereby finds and declares that:

    A.    The demolition, design, construction, and maintenance of buildings and structures within the county can have a significant impact on the county’ s environmental sustainability, resource usage and efficiency, waste management, and the health and productivity of residents, workers, and visitors.

    B.    The state of California, through its California Waste Management Act of 1989, requires that each local jurisdiction in the state divert fifty (50) percent of discarded materials from landfill by December 31, 2000 , and thereafter maintain or exceed that diversion rate.

    C.    Every city and county in California, including the county of Alameda, can face fines up to ten thousand dollars ($10,000) a day for not meeting the above mandated goal.

    D.    The voters of Alameda County, through the Waste Reduction and Recycling Act of 1990, adopted a policy goal to reduce the total tonnage of landfilled materials generated in Alameda County by seventy five (75) percent by the year 2010.

    E.    Based on studies by the Alameda County waste management authority, construction and demolition debris comprises up to twenty one (21) percent of materials disposed in Alameda County landfills.

    F.    Reusing and recycling construction and demolition debris is essential to further the county’ s efforts to reduce waste and comply with California Waste Management Act of 1989 and the Alameda County Waste Reduction and Recycling Act of 1990.

    G.    Construction and demolition debris waste reduction and recycling can reduce the amount of such material that is landfilled, increase site and worker safety, and be cost effective.

    H.    Except in unusual circumstances, it is feasible to divert an average of at least fifty (50) percent of all construction and demolition debris from construction, demolition, and renovation projects, and that for certain public works agency projects it is feasible to divert an average of at least seventy-five (75) percent of construction and demolition debris.

    I.    "Green" building design, construction, and operation can have a significant positive effect on energy and resource efficiency, waste and pollution generation, and the health and productivity of a building’ s occupants over the life of the building.

    J.    Green building benefits are spread throughout the systems and features of the building. Building "green" can include, among other things, the use of certified sustainable wood products; aggressive use of high recycled content products; recycling of waste that occurs during deconstruction, demolition, and construction; enhancement of indoor air quality by selection and use of construction materials that do not have chemical emissions that are toxic or irritating to building occupants; modification of heating, ventilation, and air-conditioning systems to provide energy efficiency and improved indoor air; use of water conserving methods and equipment; and installation of alternative energy methods for supplemental energy production.

    K.    The U.S. Green Building Council, developer of the Leadership in Energy and Environmental Design (LEED ^TM) Commercial Green Building Rating System and LEED^TM Reference Guide, has become a leader in promoting and guiding green building.

    L.    Requiring certain county projects to incorporate LEED ^TM green building measures is necessary and appropriate to achieve the benefits of green building.

    M.    Construction and demolition debris management and green design, construction, and operation decisions made by the county in the demolition, construction, and remodeling of county buildings result in environmental benefits and cost savings to the county over the life of the buildings. By calling on the county to include green building measures in its own facilities, the board of supervisors provides taxpayers a benefit through environmentally friendly, cheaper to operate buildings and simultaneously helps to develop markets for recycled, recyclable, and environmentally sound materials.

    N.    It is critical to both the economic and environmental health of the county that the county provides leadership to both the private and public sectors in the arena of energy efficiency and "green" construction. The most immediate and meaningful way to do this is to include energy efficiency and green building elements in as many public buildings as feasible.

    O.    It is in the public interest to address the appropriateness of mandating green building requirements for private projects separately from, and subsequent to, applying such requirements to county projects. Accordingly, unless and until the board of supervisors determines otherwise, the provisions of this chapter shall not apply to private sector development, including, but not limited to, joint ventures between the county and a private developer; special use facilities, such as stadiums and fairgrounds; county redevelopment projects; the county’ s surplus property authority projects; privately developed roads, bridges, and streetlights; and private sector commercial, industrial, and residential construction, demolition, and renovation activities. (Ord. 2003-63 § 1 (part))