Please DO Disturb: Bringing Energy Efficiency to the World’s Hotel Industry

By: Chris Glotfelter

I. BY OPENING THE DOOR TO ENERGY EFFICIENCY, WE OPEN OURSELVES TO THE POSSIBILITY OF A BRIGHTER FUTURE.

In 1992 at the Rio Earth Summit, 178 governments approved Agenda 21 and the Rio Declaration. Agenda 21 offered a blueprint for sustainable development, while the Rio Declaration articulated the main principles for sustainable development in the 21st century. Both documents challenged organizations, governments, and industries to work towards maximum levels of sustainability, defined by the Brundtland Commission in 1987 as “development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”1

The next generation of sustainable development begins today. Hotels around the world

are currently overlooked when it comes to their environmental impact. Recently, however, the

green building revolution proffered the idea that hotels can no longer hide in the background, as

travelers are seeking out green lodging on a more regular basis.2 Based on this increased

demand, hotels must be brought to the forefront of sustainability talks and highly scrutinized for

their possible contributions to environmental harm, hoping that these contributions may be

mitigated. These contributions come in the forms of energy usage, water usage and quality,

greenhouse gas emissions, indoor and outdoor air quality, as well as other areas.3 Although all of

1World Summit on Sustainable Development, 26 August – 4 September, 2002, Industry as A Partner for Sustainable Development at 11, available at http://www.ih-ra.com/marketplace/unep_tourism_report.pdf (citing U.N. World Comm’n on Env’t and Dev. [WCED], Report: Our Common Future, ch. 22, ¶ 8, U.N. Doc. A/42/427 (March 20, 1987)(prepared by Gro Harlem Brundtland)).2 Marina Krakovsky, Hotel Case Study: Peer Pressure’s Impact on the Environment, SCIENTIFIC AMERICAN, Oct. 31, 2008, http://www.scientificamerican.com/article.cfm?id=hotel-case-study; Travelers Prefer Green Hotels, HOSPITALITY TRENDS, July 13, 2010, http://www.htrends.com/trends-detail-sid-47189-t-Travelers_Prefer_Green_Hotels.html. 3 Glenn Hasek, The Top 10 Environmental Issues Facing the Hospitality Industry in 2007, ECONOMICALLY SOUND, Dec. 30, 2006, http://www.economicallysound.com/the_top_10_environmental_issues_facing_the_hospitality_industry_in_2007.html.

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these topics embody important pieces of the green building puzzle, this paper will focus only on

energy efficiency in new hotel constructions as a meaningful first step.

As will be further discussed later in this paper, hotels are great consumers of energy,

most of which comes from an outside supplier such as public or private energy companies. Their

production technologies include hydroelectric facilities, wind farms, solar farms, coal-firing

plants, nuclear power plants, oil-fueled facilities, and so on.4 Because this energy production

process is lineal, it creates a causal chain that has the potential to reach across national

boundaries. This environmental element can be viewed in terms of transboundary environmental

harm. Simply put, the energy demands of a hotel in Country A can causally affect the

environment in Country B, but how? Picture this:

Country A is a developing country whose economy and infrastructure are utterly

impoverished. However, based on new building in an area of the country, the current

energy production facilities in that area have become overworked and are failing to

produce enough energy to meet the growing need. To deal with the problem, Country

A’s government proposes the construction of a new energy production facility that

closely borders Country A’s neighbor, Country B. Say the facility uses coal to produce

electricity. Coal can be found in Country A, but is in ample abundance in Country B.

Therefore, it proves more economic to obtain most of the production coal from Country

B; however, there are consequences. Now Country B must ramp up its coal mining

efforts in order to meet the greater need of Country A. In doing so, the once modest

mining operation takes on a new life as it expands its environmental footprint to outlying

areas which were once green forests and hills. All of this came about because Country A

4 See Energy Production Technologies Library, HOWSTUFFWORKS, 2010, http://science.howstuffworks.com/environmental/green-tech/energy-production.

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was in need of more energy. Such a scenario is a very real portrayal of how expanded

energy demand, not only in developing countries but also in places such as the European

Union, Asia, and the United States, can affect transnational environments. Thus, the

problem is very real, very palpable and, without preventative action, very devastating.

Throughout this paper, I will use the term “hotels” as inclusive of both hotels and motels,

regardless of their involvement in tourism; however, I will only deal with new constructions, not

existing buildings nor substantial renovations. I will begin by discussing an overview of the

problem at hand, then outline national and international regulatory efforts that have fallen short,

and finally explain the international treaty that I propose as the first step toward a meaningful

solution. The actual text of the proposed treaty is available for review in Appendix I.

A. Thesis

Current non-binding and aspirational standards in place on the international as well as

national levels are insufficient for regulating hotel energy usage. Even more disturbing is the

fact that every regulatory framework meant to encompass hotels disregards its unique hybrid

attributes, being part-residential and part-commercial. This is coupled by the fact that most

documents remain silent on funding, the impact of which can be astronomical. Taking all of this

into consideration, this paper will propose an international treaty outlining minimum mandatory

standards for new hotel construction, focusing on energy efficiency and conservation techniques

appropriate for such a hybrid building, and requiring specific modes of financing these efforts.

By reducing the massive strains that hotels’ energy usage place on the environment and its

resources, the adopting States will be more able to efficiency provide energy services without

being fearful of environmental harm caused by the overutilization of their natural resources.

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B. The Problem: Quasi-Parasitic Hotels

In nature, a parasite attaches itself to a host from which it maintains life by draining the

host’s resources.5 Parasites continue to act with this wanton disregard regardless of the host’s

deleterious health.6 Conventional hotels, those that give no regard to energy efficiency or

sustainability of resources, arguably act in similar ways to parasites. Hotels draw, in large

quantities, from numerous utilities without thought of the effects on utility producers or the

environment. The strain that these structures put on these utilities creates problems for energy

companies, which can then be translated back to the consumer in the form of higher prices and a

diminished environment. However, when looking at the problem internationally, this strain

placed on utilities can be much further reaching than just the utility company or even the

immediate environmental area. Areas of once pristine nature may be demolished to make way

for energy production needs. Likewise, increased demand for utilities requires building new

utility production facilities. As these are usually of dire need, they are quickly built, sometimes

without regard to the environmental impact they may have on the surrounding area. Also,

increased energy demands create a greater need for more coal, natural gas, and oil production

which more than likely are not all harvested in the country of need. Thus, energy costs start

steadily increasing based on each new barrier razed.

1. Recognizing Energy Costs

Hotels spend vast amounts of money each year on operating costs attributed to energy.

“On average, America’s 47,000 hotels spend $2,196 per available room each year on energy.”7

5 MERRIAM-WEBSTER DICTIONARY (2010) available at http://www.merriam-webster.com/dictionary/parasite.6 Id.7 ENERGY STAR, Hotels: An Overview of Energy Use and Energy Efficient Opportunities, http://www.energystar.gov/ia/business/hospitality/factsheet_0804.pdf.

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Buildings, including hotels, also contribute high numbers to countries’ total energy usage, in

general.8 China, Brazil, the United States, and Germany are examples of countries with high

total energy usage just for buildings: 42%, 42%, 39%, and 35%, respectively.9 However,

numerous “independent studies confirm that buildings certified by green building councils can

consume 85 per cent less energy . . . than non-certified buildings.”10 In doing the math with the

numbers listed above for America’s hotels, an 85% reduction in energy usage for hotels alone

would save over $4 billion, based on an average of 50 rooms per hotel, and that is just in

America. This number is staggering in light of the number of green building councils already

implemented across the world today.

2. Green Building Councils of the World

Green building councils exist in numerous countries as well as on the international plane.

One can see them already implemented in Australia, New Zealand, China, the United States,

Brazil, the United Kingdom, Germany, and South Africa, to name a few.11 These represent green

building councils on six continents, missing only Antarctica, and are spearheaded by efforts of

the World Green Building Council.12 State green building councils make use of certification

systems such as Green Star, LEED, China’s Green Building Evaluation Tool, BREEAM, and the

German Sustainable Building Certificate.13 Through implementing these non-binding standards,

buildings are able to achieve once inconceivable energy efficiency which has not only helped

businesses see an increased return on investment, but also seen a reduction in natural resources

used in energy production.14 While understanding possible solutions is key to moving forward,

8 See WORLD GREEN BUILDING COUNCIL, How Green Building is Shaping the Global Shift to a Low Carbon Economy 2 (Nov. 2009), http://www.worldgbc.org/files/pdf/gbc%20report%20final_low%20res.pdf.9 Id at 11-20.10 Id at 2.11 Id at 6-22.12 Id at 3.13 Id at 6-22.14 Id.

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one must also understand what problems and barriers are currently in place that may prevent

such solutions from coming to fruition.

3. Urban Heat Islands

There exists a phenomenon in cities all around the world known as the urban heat island.

The basic explanation is simple: urban surfaces tend to be warmer than the surrounding suburban

and rural surfaces due to the change in ground cover brought about by urban development.15 As

vegetation is lost and replaced by paved surfaces or covered buildings, these developed surfaces

maintain increased heat levels, sometimes as much as 50-90 degrees Fahrenheit more than their

rural counterparts, as the result of less shade, less water evaporation and building material that

absorbs, rather than reflects, the sun’s rays.16 “Heat islands can affect communities by increasing

summertime peak energy demand, air conditioning costs, air pollution and greenhouse gas

emissions, heat-related illness and mortality, and [decreasing] water quality.”17 These effects are

real and can be substantial. As urban areas become more developed, the need to mitigate these

effects becomes more evident.

4. The Private Arena’s Call to Duty

As is the case with most issues on an international scale, State governments cannot bear

the burden themselves. Here, the issue arises of private businesses’ want or ability to bear the

costs of creating energy efficient hotels. While governments exist for the protection of public

health and welfare, the overwhelming amount of private enterprise exists for profit. Thus,

private enterprise may see a potential disparity in the increased upfront cost of creating an energy

efficient hotel and the ability to obtain a meaningful profit. However, as profit creation

15 U.S. Envtl. Prot. Agency [EPA], Reducing Urban Heat Islands: Compendium of Strategies 1-2 (2008), http://www.epa.gov/heatisland/resources/pdf/BasicsCompendium.pdf.16 Id at 2.17 Id.

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sometimes is, this view is short-sighted and neglects the long-term benefits of energy efficiency

investments. While it is true that efficient systems cost more on the front-end, over the life of the

products (usually longer than that of conventional products) the money saved more than

outweighs the upfront expenditures. Still, private entities worry about obtaining financing for

such products and, once financing is obtained, being able to pay off that financing over time.

Thus, financial incentives must be available to these private entities on which they may rely

when planning future construction of energy efficient hotels. Once this type of construction

becomes adequately incentivized, private entities will be ensured financial guarantees on both

the front- and back-ends that will make the idea of energy efficient hotels more appetizing.

5. Incentivizing Adhesion to Efficiency Standards

A number of incentive options exist and incentivizing these mandatory standards for

energy efficiency is crucial. Placing mandatory standards upon the international hotel industry

without monetary options is a recipe for disaster. Instead of seeing green building in a positive

light, private entities might see it as a poor investment without adequate knowledge of their

options. This perception must not be allowed to thrive in today’s economy. The idea that,

without monetary incentives, the cost of energy efficient hotels may be too prohibitory in the

eyes of a developer is antiquated and, frankly, not good business sense. However, once private

entities realize that introducing these green technologies and efficiency techniques into their

building will not only pay off in the long run but also not be so costly during construction, they

will be able to see the big picture in a way that not only promotes the health of the environment,

but also promotes the health of their business ledger.

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II. NO CLEAR, CURRENT SOLUTION EXISTS THAT IS ABLE TO RECTIFY THE PROBLEMS ASSOCIATED WITH THE SPECIAL ENTITY THAT IS A HOTEL.

Existing international law cannot fix the current problems created by conventional hotels.

On the international plane, most treaties, charters, codes, et cetera, are merely aspirational, non-

binding, and/or ineffectively incentivized. This seems to partially be the result of “economic and

institutional constraints” which hamper the movement toward renewable energy sources.18 There

is no binding international law that regulates the hotel industry’s parasitism by requiring a

reduction in utility usage. On the national plane, while some binding regulation exists, the

problem still pervades. Not only do States have substantial leeway in implementing programs

necessary to accomplish vague standards for broad goals but binding legislation in place fails to

acknowledge the unique entity that is a hotel. Green building codes and the like break

mandatory standards into at least two categories: residential and non-residential/commercial.

While it is possible to group hotels into one of these classifications, doing so disregards the

nature of hotels themselves. Hotels are hybrid entities: quasi-residential in some respects and

quasi-commercial in others. Individuals at a hotel can go about a vast array of activities

including eating, sleeping, bathing, shopping, swimming, recreation, working, and so on. Hotels

are unique in this way. To group them based on mere perceived likenesses with either residential

or commercial structures overlooks one or more of these activities. Therefore, binding legal

material that fails to address hotels as separate from the normal classification scheme are

inadequate to deal with the unique problems that face them. Sadly, this has historically been the

case in green building and has yet to be remedied.

18 U.N. World Comm’n on Env’t and Dev. [WCED], Report: Our Common Future, ch. 7, ¶ 85, U.N. Doc. A/42/427 (March 20, 1987) (prepared by Gro Harlem Brundtland).

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On the international level, Agenda 21 and the Rio Declaration really kicked into high

gear the idea of sustainable development.19 As stated at the beginning of this paper, sustainable

development is that which meets the needs of the present without compromising the ability of

future generations to meet their own needs.”20 While these documents set forth the ideas and

goals of sustainable development, they lack an authoritative pragmatic stance on how to bring

about these effects. Thus, we must look elsewhere to determine if such a stance exists.

Two sources of American-backed standards exist. Both can be implemented

internationally, but in different ways. First, the American Society of Heating, Refrigerating, and

Air-Conditioning Engineers (ASHRAE), in conjunction with the American National Standards

Institute (ANSI), the Illuminating Engineering Society of North America (IES) and the U.S.

Green Building Council (USGBC), have created ASHRAE Standard 189.1 for High-

Performance, Green Buildings.21 This Standard thoughtfully sets out three levels of adherence:

Mandatory, Prescriptive and Performance.22 While this framework is somewhat cutting-edge,

the overall Standard lacks specific focus. ASHRAE Standard 189.1 applies to all buildings,

except low-rise residential buildings, regardless of their characteristics or uses.23 The intention

of the drafters was to have this Standard adopted into model building codes, which would allow

for more specificity, but only on a superficial level.24 The addition of this Standard into a

commercial building code (or even a hotel building code) disregards the premise of the Standard

itself. It was meant to apply to relatively all buildings; therefore, it overlooks the unique hybrid

19 United Nations Conference on Environment and Development, June 3-14, 1992, Agenda 21, U.N. Doc. A/CONF.151/26/REV.1 (June 14, 1992); United Nations Conference on Environment and Development, June 3-14, 1992, Rio Declaration, U.N. Doc. A/CONF.151/REV.1/Annex (June 14, 1992).20 U.N. World Comm’n on Env’t and Dev. [WCED], Report: Our Common Future, ch. 22, ¶ 8, U.N. Doc. A/42/427 (March 20, 1987)(prepared by Gro Harlem Brundtland).21 STANDARD FOR THE DESIGN OF HIGH-PERFORMANCE GREEN BUILDINGS 189.1 (Am. Soc. of Heating, Refrigerating, & Air-Conditioning Eng’rs 2009).22 Id. at 13.23 Id. at 4.24 See id. at 2.

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character of hotels.25 The same standards cannot apply to residential, commercial, or industrial

buildings. Each has special characteristics that require specific attention and differing

approaches. To place all of these buildings into one commonplace category reflects the ignorance

of the drafters. Placing the same regulations on an industrial or commercial facility as a

residential home is laughable. Each has its own characteristics and must be regulated in

accordance with such. Likewise, another American-backed regulatory document makes similar

mistakes.

The International Green Construction Code (IGCC), being developed by the U.S. Green

Building Council (USGBC), the Illuminating Engineering Society of North America (IES), the

American Society of Heating, Refrigerating, and Air-Conditioning (ASHRAE), the American

Society for Testing Materials (ASTM), the American Institute of Architects (AIA), and the

International Code Council (ICC), is currently in its public comment period for version 1.0.26

Like the ASHRAE Standard 189.1, the IGCC is generally applicable across building types.27

Further, the code is very detailed and reaches a broad array of topics.28 Arguably, this is not the

correct framework necessary to implement such aims. The take-it-or-leave-it and all-or-nothing

approach of this code seeks to place an undue burden on any adopting State. Either, they choose

to completely overhaul their regulatory framework for every new building constructed or

substantially renovated, or they choose to pass on the proposed code, there is no middle ground.

While such a position allows for a comprehensive regulatory framework, to impose this all at

once on an adopting State subjects them to extreme public outcry not only from the business

sector, but also from the residential sector who might now have to conform with IGCC

25 Id.26 INTERNATIONAL GREEN CONSTRUCTION CODE (ASHRAE Pub. Version 1.0 2010).27 See id. at 1-4.28 See id. at XIV-XVI.

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provisions (or the like in the compliance options of the ASHRAE Standard 189.1 and ICC 700-

2008 National Green Building Standard).29 While, at the international level, current regulatory

frameworks have missed the mark, regulations on the national level remain just as bleak.

A number of national level legislative and non-legislative efforts exist, but each has a

fatal flaw when it comes to hotel implementation. Take Israel’s Standard for Buildings with

Reduced Environmental Impact numbered 5281.30 These point rating standards seek energy

efficiency and conservation, but rely on the flawed premise that every building is alike and that

voluntary standards will provide meaningful change.31 Likewise, in South Africa, SANS 204 has

been published to seek energy efficiency in buildings.32 However, SANS 204 also treats all

buildings the same and, perhaps more importantly, will begin as a voluntary standard but

eventually be made mandatory as soon as “practical.”33 Imagine it never becomes practical to

mandate such a standard. Also, the European Union has implemented Directive 2010/31/EU on

the energy performance of buildings.34 While mandatory and requiring new buildings to be

nearly zero-energy by 2020, the EU once again treats all buildings the same and even gives

States the “sole responsibility . . . to set minimum requirements for the energy performance of

buildings and building elements.”35 Therefore, while the Directive itself is mandatory, there are

few set requirements to which Member States must adhere. While all of these efforts are good-

willed and practical for certain building types, none address the specific issues created by hotels.

III. PAVING THE “GREEN” BRICK ROAD

29 INTERNATIONAL GREEN CONTRUCTION CODE at 4. 30 Green Building Standard, 5281, (2005) (Isr.).31 ISRAEL ENVIRONMENT BULLETIN, Israel Launches Green Building Standard, 31 Isr. Env’t Bulletin 12 (2005) available at http://www.sviva.gov.il/Enviroment/Static/Binaries/ModulKvatzim/31_12-13_1.pdf.32 NATIONAL STANDARD FOR ENERGY EFFICIENCY IN BUILDINGS, SANS 204 (Oct. 2008).33 Id. at SANS 204-1.34 Council Directive 2010/31/EU, 2010 O.J. (L 153).35 Id. at 14.

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Hotels present unique problems that must be resolved in order for green building to really

take hold in the international marketplace. Thus, it is imperative that these problems are dealt

with in detailed and comprehensive ways in a treaty. The overarching goals must be made clear

to the adopting States, as well as detailing binding regulations that come with such an adoption.

When taken together, the general principles, guiding framework, and specific regulations must

provide a complete means of regulating specific areas.

My proposed treaty (located in Appendix I) treats hotels as a unique entity. Instead of

imposing simply residential or commercial standards upon them, this Treaty encompasses an

expansive framework for only hotels and then translates this framework into meaningful

regulations. Aspects of the building itself, its envelope, and outdoor spaces are all included in

this framework. This was meant to provide a comprehensive picture of a regulatory framework

for one specific area, a hotel’s entanglement with the environment. Since the idea of green

building is very comprehensive and spans across many topic areas, incremental building steps

need to be established in order to eventually end up with a comprehensive regulatory scheme for

the building industry as a whole.36 Hotels are just one of those steps. However, there will be

those whose criticisms have real substance and whose concerns must be put to rest through

scholarly research and remarks.

IV. COUNTERARGUMENTS

36 See John R. Nolon, The Law of Sustainable Development: Keeping Pace, 30 Pace L. Rev. 1246, 1247 (2010)(discussing breaking large tasks into smaller, more manageable ones that do not seem insurmountable); See 2006 Haw. Sess. laws, Act 96 §1 (discussing taking action one segment at a time to eventually achieve a comprehensive approach).

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The following are what I have deemed the concerns and criticisms that need to be

examined most thoroughly.

A. Wouldn’t current commercial or residential standards suffice?

As stated earlier in my paper, hotels are hybrid structures composed of both residential

and commercial elements. There is a reason why some regulatory documents make distinctions

between residential building standards and commercial building standards, and that reason is

because the two are used in different ways. Residential structures are usually single-family

homes. As such, they require more attention to the people who live in them, as opposed to the

function of the building itself. On the other hand, commercial buildings only have people inside

of them for a limited number of hours each day and focus more on function and productivity than

individual people. Therefore, imposing only commercial standards on a building in which

people are going to temporarily reside, or imposing only residential standards in a place where

individuals work and indulge in recreation is neither prudent nor practical.

B. Why can’t hotels go green on their own?

Many hotels and hotel chains are taking this concept to heart. The most dramatic

approach came in 2005 when nine hotel companies (Accor, Carlson, Four Seasons, Hilton,

InterContinental, Marriott, Rezidor SAS, Starwood Hotels & Resorts Worldwide, Inc., and TAJ

Hotels Resorts and Palace) created guiding principles for green hotel development.37 While

much is being done by these corporations and private entities, there remains a tragic flaw in not

requiring regulation of the industry. Without sufficient safeguards in place, these entities are not

bound to maintain their implementations, so they could just as easily become a fleeting fad if

they remain unchecked and unregulated. Also along these lines, with no mandatory inspection of

37 CONSERVATION INTERNATIONAL, World’s First Publication on Sustainable Hotel Siting, Design and Construction Guiding Principles Released, 14 September 2005, http://www.conservation.org/sites/celb/news/Pages/091405_worlds_first_publication_on_hotel_siting_design_construction.aspx.

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these premises, even the greenest technology can become inefficient if it is not maintained to its

highest potential. This is not to say that implementing hotels would then willingly skirt their

responsibilities; however, having mandatory checks in place further assures compliance with

what the hotels and chains are asserting in their marketing campaigns.

C. Why can’t individual States regulate green hotel building?

To illustrate my why this is not prudent, I would point the reader to green building

attempts already adopted in both Hawaii and California in the United States. Hawaii, although it

has not formally adopted a green building code, has taken the initiative to address green building

in statutory form.38 One purpose of the recently enacted Act 96 is to achieve energy self

sufficiency.39 However, Hawaii’s Act 96 only applies to state facilities and does not carry over

into the private domain.40 This lack of focus on private entities is concerning but also proves my

point that hotels are under-regulated and overlooked in the green building realm. Turning to

California, one sees that they have adopted their own Green Buildings Standards Code.41 While

making a distinction between residential and non-residential buildings, the California Code does

not explicitly deal with hotels.42 Likewise, when looking at non-residential mandatory measures

for energy efficiency, no standards are expressed; however, there are explicit intentions to

“continue to adopt mandatory building standards” that allow a green building to achieve “at least

a 15 percent reduction in energy usage when compared to the State’s mandatory energy

efficiency standards.43 These states’ wishy-washy approaches to green building, especially with

regard to hotels, make it clear that a document specifically dealing with energy efficiency in

hotels is necessary.38 See 2006 Haw. Sess. laws, Act 96; H.B. 2175, 23rd Leg. (Haw. 2006).39 2006 Haw. Sess. laws, Act 96 § 1.40 Id.41 Cal. Code Regs. tit. 24, § 11 (2010).42 See id.43 Id. at 27.

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D. Why does this proposed Treaty only deal with new hotels?

It is my opinion that new buildings are not only the future of the international hotel

industry but also that imposing these requirements on only new buildings is the most productive

approach for two reasons: (1) Imposing mandatory requirements on already built structures can

be very costly, much more so than imposing them on structures that are slated for the future, and

(2) In the global economy of 2010, is would be imprudent and arguably unethical to impose

these burdens on individuals who may not have the profit margins to implement such standards.44

However, those who have yet to build will actually have a choice in the matter and, if they

decide to build, they will do so knowing what standards are in place and what funds are required

to make sure these standards are met so as to quiet any fears of insurmountable goals.

V. WHERE WE GO FROM HERE

Where others have failed, the Treaty on Energy Efficiency for New Hotel Construction

will step in and begin paving the way for success. The key is to start small and end big;

however, this takes time. This is merely a starting point for the international community which

must then slowly move toward the goals of energy independence, sustainability, and security.

Not only are these goals beneficial to the international environment, but they are arguably just as

beneficial to the international economy. Once the interests of the environment, the people living

in it, and the entities conducting business throughout it are all sufficiently protected, we can truly

say that energy efficiently has achieved its goals.

44 See Paula Buick, Renovation vs. New Construction: Key Factors to Consider, HealthCare Design, Jan. 2008 available at http://www.healthcaredesignmagazine.com/ME2/dirmod.asp?sid=&nm=&type=Publishing&mod=Publications%3A%3AArticle&mid=8F3A7027421841978F18BE895F87F791&tier=4&id=90810143E1384801983087AF8922E186.

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APPENDIX I

TREATY ON ENERGY EFFICIENCY FOR NEW HOTEL CONSTRUCTION

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The Parties to this Treaty,

Recognizing hotels pose specific and significant risks on transboundary environmental harm by

requiring much higher energy outputs relative to other buildings in urban, suburban, and rural

environments.

Recognizing energy production comes at a cost not only to consumers but also to the natural

resources requisite for providing such a utility.

Recognizing increased energy efficiency has real and achievable means, brought about by

technological advances of the past decades, which are economically feasible and create reliable

sources for quickly recouping initial investments while still protecting natural resources from

overutilization.

Recalling international agreements that have addressed this specific issue and have failed to

impose binding measures upon the adopting States which could bring about real change on the

international plane.

In pursuit of near zero-energy hotels, the standard to which these buildings must head, as

conventional hotels no longer meet the goals of the international community.

Recognizing that Green Building Councils create standardized implementation mechanisms for

States adopting green building standards.

Have agreed as follows:

Article I

Scope, Application, and Entry into Force

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A. This binding framework shall be known as the Treaty on Energy Efficiency for

New Hotel Construction (EENHC), hereinafter referred to as the “Treaty,” which

have this [DATE] been adopted by [NAME OF JURISDICTION], 45

B. The purpose of the Treaty is to provide a binding framework for adopting States

which encompasses environmental protection, the conservation of natural

resources, and the implementation of renewable energy sources, techniques, and

technologies.

C. The Treaty will act as a supplementary means to any national building codes,

laws, statutes, ordinances, et cetera, for which the adopting State has already

required adhesion. The Treaty is meant to provide an overarching framework for

energy efficiency in hotels for which the adopting State can implement its own

standards that meet the threshold baseline levels included herein.

D. In the event of a contradiction between the Code and any State regulation based

on the same topic, the measure that will provide the greatest level of

environmental protection shall be implemented.

E. The Treaty will enter into force on the date of the second adopting signatory and

remain in force until all signatories deem it necessary to amend or change the

Treaty in any way.

Article II

Definitions

45 See INTERNATIONAL GREEN CONSTRUCTION CODE at ch. 1, section 101.1.

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1. Adopting Signatory – A signatory that has both signed and formally ratified the Treaty.

2. Combined heat and power systems (CHPs) – Systems which produce both power and

heat from a single fuel source “[b]y making use of the waste heat from onsite electricity

production for heating or cooling.”46

3. Conventional hotel – A hotel that gives little or no regard to energy efficiency or the

preservation of the environment and conservation of natural resources.

4. Comparable conventional hotel – A conventional hotel, located in the same State as the

one to be built, which is similar in size and number of rooms.

5. Cool pavement – Pavement made of technologies that store less heat and maintain cooler

temperatures than those made of conventional materials.47

6. Cool roof – A roof made of products made of “highly reflective and emissive materials

that can remain approximately 50-60ºF (28-33ºC) cooler than traditional materials during

peak summer weather.”48

7. Court of Record – A court within a State’s jurisdiction that has full legal power to render

a decision upon the parties and can be effectively enforced currently and in the future.

8. Energy efficiency – Decreased energy consumption as it relates to energy demand.49

9. Evaporative cooler – “[A] device that cools air through the simple evaporation of

water.”50

10. Green roof – A roof containing a vegetative layer.51

46 U.S. Envtl. Prot. Agency [EPA], Combined Heat and Power: An Energy-Efficient Choice for Mid-Size to Large Hotels, (Mar. 19, 2008), http://www.epa.gov/chp/markets/hotel_fs.html.47 U.S. Envtl. Prot. Agency [EPA], Reducing Urban Heat Islands: Cool Pavements Compendium 4 (2008), http://www.epa.gov/heatisland/resources/pdf/CoolPavesCompendium.pdf.48 U.S. Envtl. Prot. Agency [EPA], Reducing Urban Heat Islands: Cool Roofs Compendium 4 (2008), http://www.epa.gov/heatisland/resources/pdf/CoolRoofsCompendium.pdf.49 U.S. Energy Info. Admin. [EIA], Energy Efficiency: Definition (June 19, 2000), http://www.eia.doe.gov/emeu/efficiency/definition.htm.50 WIKIPEDIA, Evaporative Cooler, 26 Nov. 2010, http://en.wikipedia.org/wiki/Evaporative_cooler.

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11. Hotel – “An establishment that provides lodging and usually meals, entertainment, and

various personal services for the public” or “an establishment which provides lodging and

parking and in which the rooms are usually accessible from an outdoor parking area.”52

12. Near zero-energy hotel – A hotel whose energy demands are significantly covered by

energy from renewable sources.53

13. Renewable energy sources – Sources of renewable energy that include, but are not

limited to, the following: wind power, hydropower, solar energy, biomass, biofuel, and

geothermal energy.54

14. Seasonal Energy Efficiency Ratio (SEER) - “A ratio of the capacity to power input value

obtained at Standard Rating Conditions.”55

15. Urban heat island – A “phenomenon whereby urban regions experience warmer

temperatures than their rural surroundings.”56

Article III

Energy Efficiency

51 U.S. Envtl. Prot. Agency [EPA], Reducing Urban Heat Islands: Green Roofs Compendium 4 (2008), http://www.epa.gov/heatisland/resources/pdf/GreenRoofsCompendium.pdf.52 MERRIAM-WEBSTER DICTIONARY (2010) available at http://www.merriam-webster.com/dictionary/Hotel; MERRIAM-WEBSTER DICTIONARY (2010) available at http://www.merriam-webster.com/dictionary/Motel.53 Council Directive 2010/31/EU, art. 9, 2010 O.J. (L 153) 21.54 WIKIPEDIA, Renewable Energy, 5 Dec. 2010, http://en.wikipedia.org/wiki/Renewable_energy.55 STANDARD FOR PERFORMANCE RATING OF UNITARY AIR-CONDITIONING & AIR-SOURCE HEAT PUMP EQUIPMENT 210/240 2 (Air-Conditioning, Heating, and Refrigeration Institute 2008).56 U.S. Envtl. Prot. Agency [EPA], Reducing Urban Heat Islands: Compendium of Strategies 4 (2008), http://www.epa.gov/heatisland/resources/pdf/BasicsCompendium.pdf.

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Energy efficiency is crucial to weaning conventional hotels from the parasitism that has plagued

the environmental landscape for decades. The following measures and limitations shall be

maintained and adhered to in order to mitigate the environmental harm caused by current energy

dependency.

Overall Energy Usage

A. For the first two years after the State has adopted the Treaty, time will be allowed for the

State to adopt legislation allowing them to adhere to the framework standards contained

in the Treaty.

B. For years 3 through 10 after the State has adopted this Treaty, new hotels shall obtain

energy consumption levels at least 20 percent less than that of comparable conventional

hotels (based on Year 2010 average standards in that State).

C. For years 11 through 20 after the State has adopted this Treaty, new hotels shall obtain

energy consumption levels at least 50 percent less than that of comparable conventional

hotels (based on Year 2010 average standards in that State).

D. For the remaining years beyond 20 after the State has adopted this Treaty, new hotels

shall obtain energy consumption levels at least 75 percent less than that of comparable

conventional hotels (based on Year 2010 average standards in that State).

Efficient Air Conditioning

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In hotels, air conditioning can contribute up to 50 percent of their overall energy use.57 Thus,

new hotels shall implement the following measures to conserve energy in the area of air

conditioning.

E. Central or ductless air conditioning systems shall be rated Seasonal Energy Efficiency

Ratio (SEER) 13 or better.58

F. Single air conditioning units shall be rated Seasonal Energy Efficiency Ratio (SEER) 13

or better.59

G. Air conditioning ducts shall be insulated on every side of the ductwork with energy

efficient material.

H. Air conditioning ducts and systems/units shall have regular, scheduled maintenance

conducted upon them every 3 months.

I. Temperature levels (cooling) shall not dip below 58 degrees Fahrenheit (approximately

14.5 degrees Celsius).

J. New hotels shall employ at least one of the following options:

i. Electronic access cards, which are operated by the occupant’s room key and

require them to insert the key to allow operation of lighting and heating/cooling

controls, or

ii. Motion sensors, which use infrared sensors to sense heat created by humans to

determine when to turn on and off the air conditioning controls.

K. New hotels may employ any number of the following options:

57 EARTHCHECK, Efficient Air Conditioning (2010), http://www.decipher.biz/PopupPages/packet_frame.aspx?packet_id=E22p3oXhNZ8%3d&record_usage=BFwHmG4lRqg%3d&pathway_id=vlZe9Gyx0hU%3d&client_id=zlkvQxSZgjY%3d&client_code=rt4xupYu9BhQz4lDw3khWg%3 d%3d (citing Bohdanowicz P. and Martinac I., Thermal Comfort and Energy Saving in the Hotel Industry (2002)).58 See STANDARD FOR PERFORMANCE RATING OF UNITARY AIR-CONDITIONING & AIR-SOURCE HEAT PUMP EQUIPMENT 210/240 (Air-Conditioning, Heating, and Refrigeration Institute 2008).59 Id.

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i. Pre-set air conditioning levels.

ii. Evaporative coolers.

iii. Other air conditioning systems or components that result in increased efficiency.

Efficient Lighting

Energy efficient lighting is one of the easiest and most cost effective strategies for reducing

energy bills and environmental impact. Such technologies are reliable and easily obtained. As

such, the following energy efficient lighting systems and techniques shall be employed by new

hotels.

L. Lighting systems shall be used sparingly. These systems shall only be used in areas

where natural light is insufficient and where lighting is necessary to conduct activities.

M. Compact fluorescent lights (CFLs) and light-emitting diodes (LEDs) shall be employed

to their maximum potential. These types of lighting shall be used whenever it is

physically practical to do so.

N. Natural lighting designs shall be employed by new hotels in order for a reduction in

usage of artificial lighting.

O. New hotels shall employ one or more of the following efficient lighting systems:

i. Occupancy sensors, which will allow lights to be turned on only when a person is

in the room.

ii. Room key card switches, which work with the air conditioning access systems by

turning off lights when the key card is removed.

iii. Timers, which can limit the use of lighting to predetermined times.

Efficient Heating & Water Heating

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Efficient heating and water heating reduce dependence on oils and natural gases, as well as

energy dependency.60 Phasing out dependence on these non-renewable energy sources allows for

increased environmental protection as well as economic benefits to owners and operators.

P. New hotels shall obtain energy from combined heat and power (CHP) systems that

“generate power and thermal energy from a single fuel source,” whenever CHP systems

are available within a 100 mile radius of the hotel.61 Economic benefits of such systems

include reduced energy costs, offset capital costs, protection of revenue streams, and

hedge against volatile energy prices.62

Q. Heating systems shall be regularly maintained every 3 months to maintain efficiency

levels and performance output.

R. Temperature levels shall be controlled via independent thermostats or units in each room.

S. Temperature levels (heat) shall not rise above 80 degrees Fahrenheit (approximately 27

degrees Celsius).

T. Water sensors, those that regulate water output based on infrared technology, shall be

employed on all sink faucets to regulate the use of water (especially heated water). Water

sensors only allow water to run when an infrared signal is tripped, signaling that a user is

present. Sensors then shut off the water at a pre-set time after the infrared signal is no

longer detecting interference.63

Efficient Building Envelope

60 U.S. Envtl. Prot. Agency [EPA], Economic Benefits, Oct. 7, 2010, http://www.epa.gov/chp/basic/economics.html.61 U.S. Envtl. Prot. Agency [EPA], Efficiency Benefits, Oct. 7, 2010, http://www.epa.gov/chp/basic/efficiency.html.62 Id.63 See Anne Balogh, Look, Ma, No Handles: FAQs About Sensor-Activated Faucets, HOME AND GARDEN TELEVISION [HGTV], http://www.hgtvpro.com/hpro/di_bathrooms/article/0,2618,HPRO_20173_3881062,00.html.

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The creation of an energy efficient building envelope sets the stage for energy conservation. Air

tight seams and energy efficient materials allow a building’s internal systems to work more

efficiently and expend less energy in the process.

The following are essential to a hotel’s building envelope and must be present in all new hotels.

While the Treaty does not require the best achievable technology, each of the following shall be

implemented in all areas commonly using such products.

U. Energy Efficient Insulation shall be utilized in the following areas: ducts, pipes, and

exterior building walls.

V. Energy Efficient Windows shall be utilized wherever windows exist. Energy efficient

windows may also include energy efficient window coverings.

W. Energy Efficient Entry Ways including, but not limited to, doors, automatic doors, sliding

glass doors, French doors, and loading dock doors shall be utilized.

X. Regular maintenance shall be performed on a regular basis, as determined by the State,

during which the building’s envelope must be tested for air and liquid leaks as well as the

building’s adherence to thermostatic controls and levels.

Y. For the purposes of this section, “energy efficient” materials are those that are labeled as

such.

Article IV

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Renewable Energy Sources

Renewable energy sources, especially those which are implemented on-site, both conserve

energy and preserve the environment by lessening the strain placed on external utility sources.64

A. Renewable energy sources shall be utilized as far as economically practicable.

B. If utilities are offered from renewable energy sources, at least 30% of a hotel’s energy

usage must come from one of these sources.

C. If no energy from renewable sources is available, the hotels are exempt from art. IV (A)

and (B).

D. On-site renewable energy sources are preferable; however, they are not always

practicable. As such, on-site renewable energy sources are not required, but rather highly

recommended.

Article V

Urban Heat Island Mitigation

Urban heat islands can raise temperatures 50-90 degrees hotter than the air around them, causing

increased energy consumption as well as compromise human health and comfort.65 The

following techniques shall be utilized to prevent the effects of such heat islands and promote

energy conservation and human health and comfort.

A. Green roofs or cool roofs,

B. Cool pavements,

C. Trees, vegetation, or other natural landscaping.

64 U.S. Dept. of Energy [DOE], Renewable Energy, Nov. 15, 2010, http://www.eere.energy.gov/topics/renewable_energy.html.65 U.S. Envtl. Prot. Agency [EPA], Reducing Urban Heat Islands: Compendium of Strategies 1-2 (2008), http://www.epa.gov/heatisland/resources/pdf/BasicsCompendium.pdf.

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Article VI

Green Building Councils

It is permissible, under this Treaty, to turn implementation and discretionary standard creation

over to green building councils that are recognized by the World Green Building Council. Such

councils are wholly adequate bodies for carrying out these functions.

Article VII

Funding and Incentives

Funding and incentives are crucial to the adoption and implementation of the EENHC. It is

imperative to outline numerous monetary channels which can be utilized in the building of green

hotels so that the regulations contained in this Treaty do not seem unattainable based on fiscal

shortcomings. Without sufficient monetary channels, this Treaty could be rendered worthless.

All of the following options shall be made available to hotel builders and operators in the States

adopting the EENHC.

A. The following funding and incentive options shall be made available in Adopting States

within 2 years of adoption.

B. National Tax Credits. Whereas the adopting State shall provide tax credits amounting to

at least 10 percent of the purchase price of energy efficient systems and/or energy

efficient techniques, methods, systems, or controls which lessen a new hotel’s energy

usage with regard to the State’s average usage data.

C. National Loans. Whereas the adopting State shall provide adequate loan opportunities

with low fixed-rate interest to be used for financing the purchase of energy efficient

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products and/or energy efficient techniques, methods, systems or controls which lessen a

new hotel’s energy usage with regard to the State’s average usage data.

D. National Grants. Whereas the adopting State may provide grant money to new green

hotel projects that are deemed to be going above and beyond the normal call of duty with

regards to energy efficiency and preservation and conservation of the environment, as

determined by the adopting State on a case-by-case basis.

E. International Green Monetary Fund, created by the Treaty, by which green hotel builders

may submit applications for monetary assistance from the International Green Monetary

Fund Council to be used in new green hotel building ventures.

Article VIII

Creation of International Green Monetary Fund and Council

A. The International Green Monetary Fund (IGMF) is herein created by this Treaty as a

means of supplementing green hotel builders’ resources for adherence to the Treaty. The

IGMF may contain moneys submitted by private entities, government organizations, non-

governmental organizations, private persons, charitable organizations, or any other

person or group of people.

B. The IGMF shall be governed by a Council (IGMFC) comprised of seven (7) members.

Each member shall be of a national origin different than that of any other member.

C. Funds shall only be awarded to the Applicant by a majority vote of the IGMFC.

D. The duties of the IGMFC are as follows:

i. Accept and review applications for IGMF funds.

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ii. Vote on whether to grant the moneys sought in the application after an informal

hearing with the hotel developer. The IGMFC may grant a portion, none, or all of

the moneys sought in the application.

iii. Regulate the IGMF so as to always maintain at least $10,000 USD for operating

costs of the IGMFC.

Article IX

Enforcement Provisions

The following provisions shall provide procedures that must be put in place to provide for the

compliance of the Treaty and protect for any deviation therefrom.

A. The United Nations will appoint a Treaty Enforcer to enforce the provisions of this

Treaty.

B. The appointed Treaty Enforcer will be paid and funded through the IGMF.

C. The Treaty Enforcer is hereby charged, authorized and directed to provide for compliance

of the Treaty and to rectify deviations therefrom.

D. The Treaty Enforcer shall be allowed access, within two (2) weeks of a request for

inspection, to the premises of the construction of the hotel as well as the premises of the

finished hotel so as to inspect the progress and determine compliance with the Treaty.

E. Any noncompliance with the provisions of this Treaty shall be treated as violations and

subject to remedial action under art. VIII (D) and/or (E).

F. Upon determination by the Treaty Enforcer of any violation, notice of such violation will

be sent to the developer and owner of the hotel within one (1) week’s time. Attached will

be an order to bring the violation into compliance or further action will be taken.

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Sufficient time will be afforded to bring the violation into compliance. Such time will be

no less than thirty (30) days and no more than six (6) months.

G. If, after receiving notice of a violation, the violation is not brought into compliance

within the requisite time, one or more of the following remedies may be enacted by the

Treaty Enforcer:

i. Enjoining of the work yet to be completed on a hotel in progress.

ii. Enjoining of the operation of a hotel that has already been completed.

iii. A monetary fine of no more than $5000 for each violation, which is to be paid

into the IGMF.

iv. A written warning to be placed in a file for the hotel project, which will be treated

as a precursor to more stringent remedies in future cases of noncompliance.

H. Appeals of decisions of the Treaty Enforcer are to be made to a Court of Record in the

adopting State.

I. Appeals of decisions of a State’s Court of Record are discretionary and are to be made to

the International Court of Justice.

Article X

Reservations

There shall be no reservations by adopting States. The Treaty must be adopted in full with force

and effect to all articles and provisions.

Article XI

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Ratification

The Secretary-General of the United Nations shall be the Depository of the Treaty and, as such,

“instruments of ratification, acceptance, approval or accession shall be deposited with the

Depository.”66

Article XII

Dispute Resolution

Disputes under the Treaty shall be resolved with regards to the following hierarchy, beginning at

(i):

i. Arbitration. An arbitrator shall be chosen jointly by the disputing parties.

ii. Court of Record. A Court of Record in the State of a neutral third party shall be

utilized second. Disputing parties have a right to appeal an arbitration decision to

a Court of Record. This Court’s decision is binding upon the disputing parties,

but can be appealed.

iii. International Court of Justice. Appeals to the International Court of Justice are

not as of right. If the International Court of Justice hears the case between the

disputing parties, its decision is the final binding authority with regard to the

dispute in question.

66 Convention on Climate Change, arts. 19 & 22, 21 Mar. 1994, 19 U.S.T. 6223.

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