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  • This blog is maintained by Stephen Filler, a New York-based attorney with expertise in business law, contracts, intellectual property and litigation. He represents a wide variety of businesses, technology, media companies and individuals. He also provides legal and consulting services to sustainable, environmental and renewable energy businesses, non-profit organizations and trade organizations. He is on the board of the New York Solar Energy Industries Association and Secretary of the Hudson River Sloop Clearwater. His business website is www.nylawline.com.

    The Green Counsel consulting website is www.greencounsel.com.

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Spitzer Announces Major Energy Reduction Plan: 15% by 2015

New York's Governor Spitzer announced today a major plan to cut New York's energy consumption 15% from levels predicted by 2015 -- an energy reduction level that is reportedly more aggressive than any other state's plan to reduce global warming. Specifically, the plan will meet increased demand by implementing aggressive peak energy load reductions rather than by building new plants. Elements of the plan include:

1) More efficient buildings and appliances with new legislation setting standards for inefficient appliances.

2) State agency approval of 21 contracts for renewable energy power plants delivering 800 MW of electricity that will replace heavily polluting plants (expected to be completed by 2008).

3) Breaking the gridlock on passage of Article X, New York's power plant siting law, that will speed construction of clean plants.

4) Supporting long term contracts between developers of power plants and utilities, that hopefully will provide enough expected revenues for investors to support new plant construction.

5) New York Public Service Commission agrees to the concept of decoupling that will allow utilities to make money even when utilities impose energy conservation mechanisms.

Read more here.

New York to De-Couple Electricity Use from Utility Profits

Currently, energy utilities do not have incentive to reduce energy use because the more energy they sell, the more profits they make. One way to change the incentive is to "de-couple" a utility's profits from sales -- so they make more money by selling less.

Decoupling is currently rare, but according to a representative of the Spitzer administration, the New York Public Service Commission will make an historic announcement on decoupling next Wednesday.

For more information on decouping, see this NRDC article here.

Message in a Bottle Bill

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Over the past 20 years, more than 80 billion bottles and cans have been returned and recycled through New York’s bottle bill, and more than five million tons of plastic, glass and metal have been kept out of New York’s landfills and incinerators. It is New York’s most successful recycling and litter prevention program, but now it needs improvement.

For the past two years, New York’s State Assembly has passed legislation, known as the “Bigger Better Bottle Bill,” but the bill has died in the State Senate. This year, the bill was passed again by the State Assembly and is being supported by Governor Spitzer. It needs support.

The current bill has two critical elements:

1) It includes deposits on non-carbonated beverages such as bottled water, iced tea, juice and sports drinks; and,

2) It requires the beverage industry to return all unclaimed deposits to the state to fund recycling programs and other environmental needs. Revenue from unclaimed deposits could bring in $100-$180 million per year and would support curbside recycling programs, farmland preservation, parks, open space and other programs to protect our land, air and water.

Even though more than 400 groups, businesses, and local governments and 20 newspaper editorial boards have endorsed updating the bottle bill, the Senate is again threatening to kill the bill.

If you live in New York, express your support for the bill by writing or calling Senator Bruno (President and Majority Leader) at Room 909, Legislative Office Building, Albany, NY 12247 (518) 455-3191), as well as your local Senator. To find your local Senator, click here.

For more information on the bill, visit: New York Public Interest Research Group.

Photo Credit: Jurek Durczak

Spitzer and Sustainability

Those of us who care about sustainability have high hopes for New York's new Governor Eliot Spitzer. During the campaign, Spitzer said that his top priorities would be "environmental stewardship, expanding energy conservation and renewable energy sources, and reducing greenhouse gases (see his environmental promises here). Spitzer promised to close the two Indian Point nuclear plants and, my personal favorite, as Attorney General he earmarked funds in an acid rain litigation to install solar panels in municipal buildings in New York (see related post here).

Given that sustainability and climate change are the paramount issues of our time, we need bold initiatives from the Governor and we need them fast. It's too bad that the new Governor did not mention the environment or energy at all in last week's Inaugural, and he didn't mention details in his State of the State address until the hour-long speech was nearly finished (page 17 of a 21 page text -- see full text here).

Spitzer
Spitzer's State of the State did include some details about energy and the environment, and in ordinary times, his words would be encouraging. But -- as evidenced by this winter when daytime temperatures in New York have mostly been in the fifties -- these are not ordinary times, and Spitzer's first statements as Governor were, frankly, disappointing.

Although Spitzer said that "we must implement an aggressive [energy] conservation strategy," his focus was "first and foremost to reduce the state’s own energy consumption," as opposed to reducing private electricity use within the state. Also, the cited reason for conservation was to reduce energy costs, an important reason, but was not rhetorically tied to reducing greenhouse gas emissions -- a point that should have been made for educational and symbolic purposes at least.

Spitzer said that "[w]e must also add substantial clean generation capacity by passing a new Article X power plant siting law [and] encourage the [Public Service Commission] to effectuate the long-term contracts needed to build new power plants and re-power the old ones." While these efforts are clearly needed, they will most likely facilitate construction of natural gas plants, and wont do anything to create a market for distributed and emission-free energy sources such as solar.

Also, while it's good that the Governor stated that "Lieutenant Governor Paterson will lead efforts to increase renewable energy production so the state can meet its goal of obtaining 25 percent of its energy needs from renewable sources," Spitzer must be more ambitious. While the 25 percent goal required by NY's Renewable Portfolio Standard sounds good, it's actually paltry given that New York already receives 17 percent of its electricity from the "renewable" hydroelectric, primarily Niagara Falls (see sources of New York's electricity here).

Possibly more encouraging, Spitzer said that "New York should also build on its existing regional compact to address climate change," and that he has "already started speaking with other governors about the need to link and expand our climate change initiatives. This is something that can and must be achieved..." Hopefully these discussions will turn quickly to action.

Although I'm still optimistic, I was hoping he would take advantage of the Inaugural or the State of the State address to announce a bold new sustainability and renewable energy initiative akin to Gov Schwarzenegger's One Million Solar Roof project in California. In fairness, Schwarzenegger didn't unveil his plan until August 2004, when he had been in office nearly a year.

But while there's still time for Spitzer, is there time for us? It's January. Cherry trees are budding from Washington to Boston. Bears are not hibernating in Europe. This year, 2007, will likely be the warmest year yet.

Hey, it's Albany in January!! How come Eliot's not wearing a coat?

Act Locally: Ten Steps Toward Sustainability -- Step 5: Enact Environmentally-Friendly Land Use Laws

The New York Constitution states that "the policy of the state shall be to conserve and protect its natural resources and scenic beauty," and the State grants broad authority for localities to enact environmentally-friendly laws. Comprehensive plans and other local laws can protect sensitive areas and native plant species, implement water use and conservation goals, protect trees, and require environmental mitigation measures. Cluster zoning can limit a development's footprint and maintain more contiguous open space. Incentive zoning can encourage developers to use renewable energy, energy efficiency, reduced impervious surfaces, and maintain native vegetation.

Some excellent resources on sustainability and land use:

Smart Growth Network
Nature Friendly Ordinances, James M McElfish Jr., 2004
Westchester Land Trust

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste

Psst: Regulation Works and NYC Uses Least Water Since 1951

The NY Times reported today (B1) today that in the 12 Months ending June 30, New York City's water use declined 5.2% since 2002, 28% since 1979, and was the lowest since 1951.

Experts say that although the popularity of bottled water and the decline of manufacturing may have had a small effect, the primary reason is the product of government policy: requiring water-saving plumbing devices (newer toilets use 1.6 gallons instead of 5; and many washing machines use less than 20 gallons per load instead of more than 40, saving both water and heating costs); diligence in fixing leaks, and residential building metering (although many apartments don't have individual meters).

There is still much room for improvement, New York's daily per capita water consumption is 136 gallons, less than many cities but substantially more than San Francisco (97).

They Paved Paradise... and Put Up a PV Lot

Dr. Richard Perez, who does excellent work at the University of Albany demonsrating the viability of solar electricity, just issued this report showing how effective it can be to place solar photovoltaics on parking lots.

The bottom line: there is enough space on parking lots in the Hudson Valley, New York City and Long Island to displace about 15-20% of the region's peak electrical demand with PVs.

Dr Perez's other studies can be found here.

New Report Says Replacing Indian Point's Nuclear Power is Feasible

A National Academy of Sciences Report released yesterday indicated that there are no insurmountable technological obstacles to closing the Indian Point nuclear reactors in Westchester County, New York, although there are difficult political, regulatory, financial and institutional issues that have to be overcome to compensate for the loss of Indian Point's 2,000 megawatts of power.

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Congresswoman Nita Lowey found the report very encouraging. She stated, "To me, the bottom line is, where there's a will there's a way [to close the plant]." Lowey said that the report shows that Indian Point is not necessary for meeting future power needs, despite estimations of a growing need for electricity. "A combination of strategies can replace the power produced by the plants and meet the state's growing need for electricity."

As the report points out, one of the best ways to save energy is through energy efficiency measures. Even the U.S. Secretary of Energy Samuel Bodman last year indicated that U.S. homes waste about 30% of their energy because of things such as inefficient lighting and appliances, and poor insulation.

The two Indian Point plants will close unless they are relicensed by 2013 and 2015, which provides plenty of time to overcome the political, financial, regulatory and institutional issues.

Interestingly, the headline writers for the two major regional papers spun the report very differently. The headline in the June 7 Journal News, the local Gannett paper, stated: "Scientists Say Indian Point Power Replaceable." By contrast, The New York Times, in its morning June 7 newspaper stated: "U.S. Science Panel Sees Big Problems if Indian Point Reactors Are Closed." But even The Times seemed to waffle, since an earlier headline in the June 6 web edition stated: "N.Y. Grid Could Stand to Lose Reactors, Panel Says."

The National Academy of Sciences report is available for download. Its headline reads "Replacing Indian Point Nuclear Energy Feasible."

NY's Abuzz with Green Energy

Interesting energy news from NY's top elected officials yesterday:

1) AG and gubernatorial heir apparent Elliot Spitzer laid out a campaign energy policy calling for funding for low-income residents and businesses to make their buildings more energy efficient, and called for a complete audit of New York's energy use; and

2) Times' columnist Maureen Dowd noted that Hillary "Ozone Woman" Clinton gave a "wonkish speech" on cellulostic ethanol, low sulfur diesel, biomass liquid fuel bases, "feebate" tax incentives, CO2 sequestration, hybrids, RPS, continuous reheat furnances, Brazilian ethanol, Danish windpower and Kyoto targets ("and you thought she was incomprehensible on health care.")

And no less than three out of four op-eds today in the NY Times, plus a whole stack of letters to the editor, related to global warming and renewables. Favorite quote from K.R. Sridhar in Thomas Friedman's column: "It's time for government to use its buying power when buying power."

NYS Legislature Threatening to Harm Renewables in New York

The New York State Legislature is threatening to move the authority for spending money received from the Systems Benefit Charge (SBC) -- that funds substantial renewable energy projects in the State -- from the New York State Energy Research and Development Authority to the New York State legislature. This change will subject SBC funds to general legislative haggling and bureaucracy, and means that money raised for renewable energy and energy efficiency, may be used for unrelated purposes.

The authority to spend these funds should remain with NYSERDA.

Governor Pataki recently vetoed the legislature's attempt to make this change in the annual budget. The Senate will be voting early next week to override the veto.

It is imperative that Senators be contacted and asked to VOTE NO ON THE OVERIDE of the GOVERNOR'S VETO and KEEP SYSTEMS BENEFIT CHARGE SPENDING AUTHORITY WITH NYSERDA. You can get your NYS Senator's contact info here:

http://www.senate.state.ny.us/senatehomepage.nsf/senators?OpenForm

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