Green Legislation, Regulation, and Mandates

1. Green Legislation, Regulation, and Mandates Where do we stand? Where are we headed? AH&LA E&E CommitteeApril 13, 2010 Presenters:Joel Bluestein, Sr. Vice President Jean Hand, Manager Max Jamieson, Associate Erin Richmond, Senior Associate

2. About ICF Founded in 1969 Headquarters in D.C. area Global presence with 50 offices throughout the world More than 3,500 employees Offering energy, environment, and sustainability strategy, policy, program design, and management support Highlights of Climate Experience Over 230 professionals with climate-related expertise Provided climate policy advice to > 60 governments Providing climate strategy advice to > 65 companies in the FT Global 500 Tracking global green legislation via local offices, client engagements, and direct participation A little about ICF…

3. Our Team Joel Bluestein, Senior Vice President • Over 30 years experience in energy & sustainability regulation • Directly involved in emission trading program development • Participates in national debate on new environmental policies • Has testified before Senate Environment and Public Works Comm. Max Jamieson, Associate • Supports public and private sector clients with climate change strategy and policy development. • Provides CRC support to organizations in the UK. • Advises clients regarding EU legislation and potential impacts

4. And last but not least… Erin Richmond, Senior Associate • Supports government and private sector clients with environmental performance improvement • Contributes to utility program design and implementation • Coordinates legislative tracking • Environmental Policy educational background

5. Climate Change is Increasingly on the Public’s Mind

6. Green Meeting & Lodging Trends • Florida state agencies and departments can only do business with Florida Green Lodging Program Participants • California encourages state employees to consider green lodging • Nearly half of the U.S. states have their own green lodging programs • EPA is attempting to "green" all meetings planned or funded by the Agency. • Similar mandate for federal travelers could be coming • Green Meetings promoted in Federal Green Challenge

7. Agenda • GHG Reporting, Legislation, and Regulation • GHG Emissions Reporting • GHG Emissions Cap and Trade Legislation • Direct Regulation of GHGs • Energy Performance Reporting • Building Codes & Standards • Incentive and Rebate Programs

8. What happened in Copenhagen?

9. COP-15 – Success or Failure? Copenhagen had been set as a milestone to establish the post-2012 framework for international GHG reductions. Broader international commitment has been identified as a milestone for U.S. legislation. The UN process is also the framework for creation and use of international offsets, which are very important to U.S. compliance. Having U.S. legislation prior to Copenhagen was a goal and possibly a barrier to Senate action. 9

10. Key Issues for Copenhagen A post-2012 structure was required to continue the program and support the international trading system. The U.S. and BRIC countries needed to be brought into the program. The U.S. and BRIC countries would contemplate reductions, but not on the KP basis – tonnage reductions from 1990. Agreement on adaptation and mitigation funds: Would they go to transitional economies? Would there be appropriate recipients? How much? Is the KP structure appropriate and workable going forward – Process and substance? Can there be an enforceable agreement? Needed to address many, many other issues, including improvement of CDM program. 10

11. The Outcome Met Expectations No enforceable treaty A “political agreement” A structure for moving forward in the next year or so Indications of commitment from many countries Basic agreement on adaptation and mitigation funds 11

12. But There Was More… China and the U.S. taking a lead role in negotiating the outcome Acknowledgement that the U.S. and economies in transition will enter under a different structure An indication that the process may change Some agreement on the magnitude of funding An inkling that the future structure may be very different There are many, many other issues to address but they could not be addressed until these larger issues were faced and they could not be resolved by negotiators. Heads of State needed to resolve these issues, and they did. There is much more to be done, but now a much stronger basis for progress to be made. 12

13. GHG Emissions Regulation & Legislation

14. GHG Emissions Reporting & Regulatory Schemes • GHG Emissions Reporting only requires entities to report their emissions and does not impose any caps • Could be the first step in developing regulatory scheme • Examples: US, UK, Australia, Canada • GHG Emissions Cap requires reporting and imposes emissions cap • Examples: EU, Canada, Australia, US, India (energy efficiency) • Direct regulation takes place through air regulatory or other programs All of the above primarily apply to major emitters, such as electric utilities, industrial sites, and manufacturers

15. Current U.S. Legislative Proposals • Waxman/Markey Bill – HR 2454 passed June 26, 2009. Kerry/Boxer Senate bill passed out of committee in November. • National, economy-wide cap and trade program starting in 2012. Reductions from 2005 levels: • 17% by 2020 (20% in Senate bill) • 42% by 2030 • 83% by 2050 • Large emitting facilities covered directly: Electric generators (2012) and industrial facilities that emit >25,000 tons GHG/year (2014) • CO2 emitted from petroleum and small natural gas users (residential, commercial) regulated at point of production or import (upstream). • Petroleum refiners and importers (2012) • Natural gas liquid producers (2012) • Gas LDCs (for deliveries to non-capped entities) (2016) • Extensive use of domestic and international emission offsets.

16. U.S. Legislative Outlook • With the Senate bill out of committee, the Senate is now free to pursue active discussion on a modified bill. • Targets and timetables not changing. • Cantwell/Collins bill proposed with regulation at point of production, 100% auction, limited trading and offsets, most revenue allocated to consumers. • Kerry, Graham, Lieberman developing an integrated, revised proposal. Could include some Cantwell provisions as well as: • Fuel tax instead of cap for transportation emissions. • Support for nuclear and oil and gas development. • Progress this Spring could allow passage in the Fall or early 2011. • Most likely driver is industry desire for an alternative to direct regulation.

17. Regional Carbon Market Initiatives Western Climate Initiative (WCI) Signed: Feb 2007 Scheduled launch: 2012 Regional Greenhouse Gas Initiative (RGGI) Signed: 2005 Launch: Jan 2009 Midwest Greenhouse Gas Reduction Accord (MGA) Signed: Nov 2007 Scheduled launch: 2012 States with stripes have state-specific GHG reduction goals or mandates.

18. How Does This Affect Your Company? • Direct applicability varies widely by program and location • Some programs only affect large facilities with significant direct emissions (U.S. proposals) • Some, like UK CRC, affect all properties including indirect emissions (electricity) • Even if not directly affected, there may be secondary effects • Energy prices may be higher • Possible incentives for energy efficiency • Companies must track regulatory developments to determine specific applicability

19. U.S. Applicability Considerations • Many regulations/legislative proposals target facilities with direct emissions >25,000 metric tonnes CO2e per year. • For example, for fuel combustion, this is approximately: • 460 million cubic feet of natural gas • 2.5 million gallons of heating oil • Most hotel properties will not trigger but large resorts could.

20. Meanwhile, in the United Kingdom…

21. The UK CRC Energy Efficiency Scheme • Mandatory participation • >6000MWh half-hourly electricity use in 2008 (qualification) • Responsibility falls on highest parent • April 1st 2010 start • Cap and trade program • Covers all electricity and fuel use (except transport) • Participants purchase allowances on an annual basis to cover the emissions of the coming year • The money raised through allowance purchase is recycled back to participants with a bonus/penalty depending on how well they performed • Participants are ranked in a league table that will be made publicly available • The position in the league table determines the recycled payments

22. CRC Timetable 1st Sale of Allowances 2nd Sale of Allowances Qualification Period Registration Period 2008 2009 2010 2011 2012 2013 January April September April October April October April December Periods over which CRC Emissions must be recorded: Apr 2010 – Mar 2011 Apr 2011 – Mar 2012 Apr 2012 – Mar 2013 1st League Table Publication and Recycling Payment 2nd League Table Publication and Recycling Payment

23. How Does This Affect Your Company? • The highest UK parent is held responsible and liable for all properties, including franchises • Administrative fees • Penalties for reporting delays and errors • Allowance purchases • Cash flow requirements (>$60,000) • League table performance rankings • Reputational impacts • Recycle payments • …and finally, the cost of not being energy efficient

24. Energy Performance Reporting

25. Energy Performance Reporting • Require disclosure of a building’s energy performance • Energy Rating System (e.g., ENERGY STAR Portfolio Manager) • Energy assessment by auditor (e.g., Ireland, Denmark) • Applicable to commercial buildings (residential in some countries) • Some require public disclosure of performance on public database (e.g., Washington, D.C.) • Some only require disclosure at time of sale or lease (e.g., California)

26. Who Requires Energy Performance Reporting? • U.S. States and Localities require ENERGY STAR • 4 cities, 2 states require private buildings to report • 2 cities, 2 states require public sector buildings only • Examples: California, DC, Washington State, New York City • EU’s Energy Performance of Building Directives (EPBD) • Member States set minimum performance standards on energy performance of new and existing buildings under major renovation • Sets systems for energy certification of these buildings • Currently considering a “recast” • Australia (pending legislation) • National Australian Building Energy Rating System (NABERS)

27. How Does This Affect Your Company? • For owned/managed properties, gather energy data. • Collecting and assessing performance across a portfolio today ensures compliance and prepares for future. • For space you plan to buy or lease: • You will be able to know how it performs in terms of energy efficiency • Use as a strategy to reduce your footprint • Educate your franchisees

28. Building Codes & Standards

29. Green Building Codes and Standards • U.S. GBC’s LEED • LEED mandates are primarily on public sector buildings • Private sector mandates are on the rise for those with or without public funding. • E.g., Boston, Connecticut, Portland, Washington, D.C. • CALGREEN • International Green Construction Code

30. California’s Green Building Standards Code (CALGREEN) • First mandatory green building standards code • As of January 1, 2011, new buildings must: • Reduce water consumption by 20% • Divert 50% of construction waste from landfills • Install low pollutant-emitting materials • Separate indoor and outdoor water meters • Moisture-sensing irrigation systems for large landscapes • Mandatory inspections of energy systems of buildings > 10,000 SF • CALGREEN compliance granted upon passing state building inspection

31. International Green Construction Code • International Code Council (ICC), et al. • ICC reaches all 50 states and more than 22,000 local jurisdictions • Expected to “accelerate the proliferation of green building codes and standards across the US and around the globe.” • Provides regulatory framework for constructing high performance commercial buildings that are safe, sustainable, and by the book.

32. How Does This Affect Your Company? • Green requirements are spreading quickly across the U.S. (e.g., LEED and CALGREEN) • Financial incentive opportunities may be available • Without national requirements, it’s a great deal of information to track • Adopting prototype design or process to incorporate green requirements into all new construction or conversions may save time and money. • Where it is not required, it will create a positive PR opportunity and demonstrate leadership.

33. Incentive and Rebate Programs

34. Building Star (Pending US Legislation) • Introduced in Senate - March 2010 • Provides $6 billion in rebates and incentives for EE in existing buildings • Would cover 30% of costs for energy audits, building envelope insulation, mechanical equipment upgrades, lighting and energy management and monitoring equipment. • Estimated savings of $3 billion annually for building owners

35. Other Incentive Programs • Local, State & Federal Tax Incentives • American Recovery and Reinvestment Act • Utility Energy Efficiency Programs • Often arise from legislation and/or public utility commissions • New construction and existing buildings • Custom and prescriptive measures • Ex: New York, California, Maryland, Michigan, Pennsylvania

36. Conclusions • A variety of laws and regulations are now established or pending, both domestically and internationally creating reporting and compliance obligations as well as potential costs and incentives. • More regulation, legislation, and mandates are expected. • There is a wide range of current and potential impacts for the hospitality and lodging sector. • These regulations will affect every aspect of business and require a unified approach to planning and compliance.

37. Next Steps • Learn about current and pending legislation and regulation • Know how you will be impacted • Prepare accordingly and proactively • Understand the provisions in order to prepare strategically • Put a plan in place to reduce energy and GHG emissions • Educate your franchisees • Know what is coming and get involved to influence it. • Leverage your success for PR

38. Thank you for your time. Jean Hand 703.218.2658 jhand@icfi.com Joel Bluestein 703.934.3381 jbluestein@icfi.com Max Jamieson +44 20 70923034 maxjamieson@icfi.com Erin Richmond 703.934.3206 erichmond@icfi.com