上周，我很高兴就有关该地区的绿色建筑政策向特区政府作证。如上周我的帖子所述，我的证词重点是 绿色建筑法’s “performance bond” requirement。在作证之前，我有机会听到 乔治·霍金斯（George Hawkins），区环境局局长。霍金斯先生在讲话中直接对“performance bond” issue 和 many of the points I raised in my White Paper last Wednesday. After you review Mr. Hawkins testimony, I would be very interested in hearing your thoughts.
I would now like to turn to the issue of 履约保证金s 和 criticism of this enforcement tool. Pursuant to the Act, commercial applicants will be required to submit a “performance bond.” If the building fails to meet the LEED certification requirements, “all or part of the 履约保证金 shall be forfeited to the 区.” Experts in the area of environmental finance analysis 和 DDOE’s research on the subject support this approach as an appropriate 和 sufficient enforcement mechanism to ensure compliance with the Act.
One of the concerns that has been raised is that “performance bonds” do not currently exist in the financial assurance world. There are, however, a number of laws 和 regulations that have required forms of financial assurance that at the time of the inception did not exist in the market. In each regulatory context, private financial markets have developed to provide the insurance, bonds, 和 other financial instruments necessary to demonstrate assurance. 例如，在没有汽车之前，就没有汽车保险之类的东西。当法律认识到越来越需要确保汽车驾驶员对他人造成的伤害时，市场就满足了需求。
The breadth of operations 和 environmental risks covered by current rules is an additional testament to the market’s ability to conform to 和 rise to the demand of a new form of financial assurance. For example, the Resource Conservation 和 Recovery Act (RCRA) requires that financial assurance be provided by the responsible party as proof that adequate funds will be available when needed to undertake the necessary corrective action at a RCRA treatment, storage, 和 disposal facility. Many states have their own laws requiring financial assurance, including our own DDOE requirement that developers post a bond equal to the cost of stormwater management infrastructure until DDOE verifies proper installation.
A second concern that has been raised is that it may prove difficult 和 financially burdensome for developers to provide letters of credit, collateral to obtain a bond, or escrow in amounts up to $3,000,000 (the maximum requirement under the 绿色建筑法). While opposition to new financial assurance rules is common regardless of industry, DDOE believes fears of business disruption from this new assurance requirement are unwarranted. When the 区 began to require condominium developers to place 10 percent of the cost of construction in an escrow account or provide a letter of credit under the Condominium Act, the same concerns were cited, 和 yet, this is now common practice.
In 概要, we believe the bond requirement under the 绿色建筑法 is viable 和 can be implemented. We have already, 和 will continue to, participate in discussions with our sister agencies 和 stakeholders as to how this enforcement mechanism should best be implemented.
Do you think Mr. Hawkins is right? 将 the financial sector come up with a 绿色建筑履约保证金?