Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
US GREEN BUILDING COUNCIL
Employer identification number
52-1822816
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
8,954,153
11,398,510
18,366,560
21,032,348
3,423,694
63,175,265
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
18,152,356
33,654,994
40,591,040
58,790,024
51,808,393
202,996,807
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
27,106,509
45,053,504
58,957,600
79,822,372
55,232,087
266,172,072
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
0
c
Add lines 7a and 7b..
0
8
Public Support (Subtract line 7c from line 6.)
266,172,072
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
27,106,509
45,053,504
58,957,600
79,822,372
55,232,087
266,172,072
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
251,292
809,819
1,765,843
4,778,742
4,322,360
11,928,056
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
251,292
809,819
1,765,843
4,778,742
4,322,360
11,928,056
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
12,471
152,963
263,221
153,005
581,660
13
Total support (Add lines 9, 10c, 11 and 12.).
27,370,272
46,016,286
60,723,443
84,864,335
59,707,452
278,681,788
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
95.510 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
96.380 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
4.280 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
3.290 %
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
US GREEN BUILDING COUNCIL
Employer identification number
52-1822816
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 6
USGBC'S MEMBERSHIP NUMBERS MORE THAN 19,000 ORGANIZATIONS AND IS COMPRISED LARGELY OF CONTRACTORS, ARCHITECTURAL AND ENGINEERING FIRMS, GREEN BUILDING CONSULTANTS, AND PRODUCT MANUFACTURERS. ANNUAL DUES ARE BASED ON THE ORGANIZATION'S GROSS REVENUES UNLESS AN ORGANIZATION IS A GOVERNMENT ENTITY OR NON-PROFIT IN WHICH CASE THE DUES ARE A FLAT FEE. MEMBERS RECEIVE BENEFITS INCLUDING DISCOUNTS ON USGBC AND GBCI PRODUCTS AND SERVICES, ACCESS TO INFORMATION, AND OPPORTUNITIES TO ENGAGE WITH THE COUNCIL AND OTHER USGBC MEMBERS.
FORM 990, PART VI, SECTION A, LINE 7A
MEMBERS ELECT THE MEMBERS OF THE BOARD (USGBC BYLAWS, ARTICLE VI, SECTION 6.)
FORM 990, PART VI, SECTION A, LINE 7B
MEMBERS MAY AMEND THE BYLAWS OF THE CORPORATION (AS WELL AS THE BOARD) (USGBC BYLAWS, ARTICLE XIII). FINALLY, A VOTE OF THE MEMBERS IS REQUIRED FOR DISSOLUTION (DC CODE SECTION 29-301.47(2001)).
FORM 990, PART VI, SECTION B, LINE 11
THE FORM 990 IS COMPLETED EACH YEAR BY USGBC SENIOR STAFF IN ASSOCIATION WITH TAX ADVISORS AND FILED WITH THE IRS. USGBC'S CHIEF OPERATING OFFICER, GENERAL COUNSEL AND VICE PRESIDENT, FINANCE & ADMINISTRATION ARE INVOLVED IN PREPARING AND REVIEWING THE FORM 990. PRIOR TO IT BEING FILED, THE U.S. GREEN BUILDING COUNCIL PROVIDES A COPY OF THE FORM 990 FILING TO THE BOARD OF DIRECTORS AND THE FINANCE & AUDIT COMMITTEE FOR REVIEW. STAFF POSTS THE FORM 990 TO THE BOARD'S ONLINE PORTAL FOR A MINIMUM OF 2 DAYS PRIOR TO THE FILING SUBMISSION. AN EMAIL IS SENT TO ALL BOARD MEMBERS, NOTIFYING THEM THAT THE FORM 990 IS AVAILABLE FOR THEIR REVIEW AND HOW TO ACCESS IT. BOARD MEMBERS ARE ASKED TO RAISE QUESTIONS AND STAFF TO RESPOND TO QUESTIONS AND/OR CONCERNS THAT ARISE DURING THE REVIEW. ALSO, THE FORM 990 IS SENT ELECTRONICALLY TO MEMBERS OF THE FINANCE & AUDIT COMMITTEE AT LEAST 2 DAYS PRIOR TO FILING.
FORM 990, PART VI, SECTION B, LINE 12C
CONFLICT OF INTEREST POLICY 1. EACH DIRECTOR, CORPORATE OFFICER AND MEMBER OF A COMMITTEE OR OTHER DECISION-MAKING BODY SIGNS AN ANNUAL STATEMENT AFFIRMING THAT S/HE: A. HAS RECEIVED A COPY OF THE CONFLICT OF INTEREST POLICY, B. HAS READ AND UNDERSTANDS THE POLICY, C. HAS AGREED TO COMPLY WITH THE POLICY, AND D. UNDERSTANDS THAT IN ORDER FOR USGBC TO MAINTAIN ITS FEDERAL TAX EXEMPTION IT MUST ENGAGE PRIMARILY IN ACTIVITIES WHICH ACCOMPLISH ONE OR MORE OF ITS TAX-EXEMPT PURPOSES. 2. EACH DIRECTOR, CORPORATE OFFICER AND MEMBER OF A COMMITTEE OR OTHER DECISION-MAKING BODY ALSO MAKES AN ANNUAL FULL AND FRANK DISCLOSURE OF HIS OR HER INTEREST. 3. AT EACH BOARD AND COMMITTEE MEETING, THE MEMBERS DISCLOSE ANY CONFLICTS THEY HAVE RELATIVE TO THE MEETING AGENDA. MEMBERS WITH CONFLICTS ABSTAIN FROM MAKING MOTIONS, VOTING, EXECUTING AGREEMENTS OR TAKING ANY OTHER SIMILAR DIRECT ACTION OF USGBC ON MATTERS WHICH DIRECTLY OR PREDOMINANTLY INVOLVE THE MATTER OF CONFLICT.
FORM 990, PART VI, SECTION B, LINE 15
THE ATTACHED GUIDELINES FOR ASSESSMENT OF THE CEO PROPOSES AN ONGOING AND EFFECTIVE PROCESS FOR CEO ASSESSMENT THAT UTILIZES RESOURCES AND TOOLS PROVIDED BY "BOARDSOURCE". THE EXECUTIVE COMMITTEE HAS REVIEWED AND IS RECOMMENDING APPROVAL OF THE ATTACHED GUIDELINES. KEY ELEMENTS OF THE PROCESS INCLUDE: TIMELINE: THE PROCESS SHOULD START AT THE BEGINNING OF EACH YEAR AND END IN MARCH. LEADERSHIP: THE PROCESS WOULD BE LED BY THE BOARD CHAIR, WITH THE IMMEDIATE PAST CHAIR AND CHAIR-ELECT SERVING AS ADDITIONAL MEMBERS OF THE CORE TEAM THAT WOULD REVIEW THE BOARD SURVEY RESULTS AND FINAL REPORT WITH THE CEO, ALONG WITH REVIEW OF THE FINAL COMPENSATION PACKAGE AND DEVELOPMENT OF A PLAN FOR CEO SUPPORT AND FUTURE DEVELOPMENT. PROCESS: THE STEPS WOULD INCLUDE THE FOLLOWING KEY COMPONENTS: SELF-EVALUATION - CEO BOARD SURVEY UTILIZING BOARDSOURCE ELECTRONIC SURVEY TOOL - BOARD REVIEW SURVEY RESULTS AND DISCUSS WITH THE CEO - CORE TEAM REVIEW ASSESSMENT WITH BOARD AND SOLICIT COMMENTS IN EXECUTIVE SESSION - BOARD/CHAIR REVIEW FINAL ASSESSMENT AND DEVELOP PLAN FOR FUTURE DEVELOPMENT AND COMPENSATION - CORE TEAM/CEO AN EXTERNAL CONSULTING FIRM WILL BE UTILIZED TO ACHIEVE THE OBJECTIVE AND DELIVERABLES DESCRIBED BELOW. OBJECTIVE AND SCOPE THE OBJECTIVE OF THE ENGAGEMENT IS TO ASSIST USGBC IN EVALUATING THE CEO'S PERFORMANCE. THIS WILL ENTAIL THE USE OF AN ONLINE EVALUATION TOOL, WHICH WILL BE CUSTOMIZED TO MEET USGBC'S NEEDS, ADMINISTER, AND SUMMARIZE THE RESULTS. IN ADDITION, ASSISTANCE IN REVISING THE CEO'S JOB DESCRIPTION, EVALUATING HIS COMPENSATION PACKAGE, AND PROVIDING RECOMMENDATIONS CONCERNING THE CURRENT AND FUTURE EVALUATION PROCESS WILL BE PROVIDED. METHODOLOGY AND DELIVERABLES IN ORDER TO ACHIEVE THE ENGAGEMENT OBJECTIVE, THE FOLLOWING STEPS WILL BE PERFORMED: 1.0 WORKING WITH USGBC, UPDATE THE CEO'S JOB DESCRIPTION TO MORE ACCURATELY REFLECT THE SCOPE OF HIS RESPONSIBILITIES AND THE REQUIREMENTS FOR THE POSITION. 2.0 CUSTOMIZE BOARD SOURCE'S ONLINE CEO EVALUATION TOOL TO REFLECT THE CEO'S GOALS, OBJECTIVES, AND RESPONSIBILITIES FOR THE PERFORMANCE REVIEW PERIOD. 3.0 ADMINISTER THE BOARD SOURCE ONLINE CEO EVALUATION TOOL, INCLUDING SENDING OUT RATER INSTRUCTIONS AND REMINDERS, TRACKING RESPONSE RATES, MONITORING THE PERFORMANCE OF THE ASSESSMENT TOOL, AND DOWNLOADING THE CLEANING THE DATA FOR ANALYSIS. THIS WILL ALSO INCLUDE COACHING THE CEO EVALUATION COMMITTEE (VIA TELECONFERENCE) ON HOW TO GET THE MOST OUT OF THE CEO EVALUATION PROCESS. 4.0 ANALYZE THE SURVEY RESULTS AND GENERATE REPORTS FOR THE COMMITTEE. 5.0 PRESENT THE RESULTS TO THE COMMITTEE, FACILITATING A DISCUSSION OF THE RESULTS AND THE IMPACT OF THE RESULTS ON CEO COMPENSATION. THIS WILL INCLUDE ASSISTANCE IN EVALUATING THE CEO'S COMPENSATION PACKAGE BASED ON THE COMPENSATION ANALYSIS THAT WAS PREPARED FOR USGBC IN DECEMBER 2007. SPECIFICALLY, ASSISTANCE WILL BE PROVIDED TO THE COMMITTEE IN INTERPOLATING AND CUSTOMIZING THE MARKET DATA FOR USGBC. 6.0 PROVIDE GUIDANCE TO THE COMMITTEE ON SETTING PERFORMANCE OBJECTIVES OR OTHER TYPES OF METRICS FOR THE CEO THAT WILL FORM THE FOUNDATION OF FUTURE EVALUATIONS. 7.0 EVALUATE AND PROVIDE GUIDANCE TO THE COMMITTEE ON THE CEO SELECTION TRANSITION PROCESS, RECOMMENDING POTENTIAL CHANGES TO ENSURE THAT IT IS CONSISTENT WITH USGBC'S CURRENT AND FUTURE NEEDS. THE COMPENSATION FOR ALL STAFF OTHER THAN CEO, INCLUDING OFFICER'S AND KEY EMPLOYEES, IS SET BY THE CEO OF OUR ORGANIZATION. THIS COMPENSATION IS BASED ON ANNUAL PERFORMANCE EVALUATIONS WHERE STAFF IS MEASURED AGAINST PREVIOUSLY ASSIGNED OBJECTIVES. A COMPENSATION SURVEY IS DONE EVERY OTHER YEAR BY AN EXTERNAL CONSULTING FIRM WHICH COMPARES USGBC SALARIES TO THOSE OF COMPARABLY SIZED NGOS IN THE WASHINGTON, DC REGION.
FORM 990, PART VI, SECTION C, LINE 19
THE U.S. GREEN BUILDING COUNCIL PROVIDES THE PUBLIC WITH VISIBILITY TO ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS. ON THE HOME WEBSITE OF THE U.S. GREEN BUILDING COUNCIL, WWW.USGBC.ORG, WE POST THE FOLLOWING DOCUMENTS FOR PUBLIC REVIEW: USGBC BYLAWS ARTICLES OF INCORPORATION ARTICLES OF AMENDMENT CONFLICT OF INTEREST POLICY PERCEIVED CONFLICT OF INTEREST POLICY ANTITRUST COMPLIANCE POLICY USGBC POLICIES AND PROCEDURES FOR COMMITTEES AND WORKING GROUPS USGBC TRADEMARK POLICY - 2010 USGBC MEMBERSHIP POLICIES FOUNDATIONS OF LEED OTHER PROGRAM RELATED POLICIES OUR FINANCIAL STATEMENTS ARE PROVIDED TO THE PUBLIC VIA OUR FORM 990 FILING POSTED ON GUIDESTAR, IN ADDITION TO PROVIDING A COPY OF OUR FORM 990 FILING UPON REQUEST.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 135,803.
THE FORM 990 IS COMPLETED EACH YEAR BY STAFF IN ASSOCIATION WITH TAX ADVISORS AND FILED WITH THE IRS. PRIOR TO IT BEING FILED, THE U.S. GREEN BUILDING COUNCIL WILL PROVIDE A COPY OF THE FORM 990 FILING TO THE BOARD AND THE FINANCE & AUDIT COMMITTEE. THE FORM 990 WILL BE POSTED TO THE BOARD PORTAL FOR A MINIMUM OF 2 DAYS PRIOR TO THE FILING BEING SENT IN. AN EMAIL WILL BE SENT TO ALL BOARD MEMBERS NOTIFYING THEM THAT THE FORM 990 IS AVAILABLE FOR THEIR REVIEW. THE FORM 990 WILL ALSO BE SENT ELECTRONICALLY TO MEMBERS OF THE FINANCE & AUDIT COMMITTEE AT LEAST 2 DAYS PRIOR TO FILING.
FORM 990, PART I, LINE 6, TOTAL NUMBER OF VOLUNTEERS:
OUR VOLUNTEERS ARE DERIVED OF BOARD MEMBERS AND COMMITTEES. THERE ARE VARIOUS COMMITTEES WITHIN OUR ORGANIZATION AND WE ALLOW VOLUNTEERS TO SERVE ON MORE THAN ONE COMMITTEE. WE HAVE COMMITTEES THAT HELP DEVELOP THE RATING SYSTEM AND EDUCATION PROGRAMS. YET OTHER COMMITTEES ARE FOR FINANCE AND AUDIT.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.