ABOUT ME

  • 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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Federal Renewable Portfolio Standard Needs Support

Just got this important information from the Appalachian Mountain Club regarding the federal renewable portfolio standard that needs support in the House of Representatives:

Renewable energy standards are among the most important components of climate change legislation, ensuring that an increasing percentage of our energy demand comes from renewable energy sources such as solar, wind, and hydro power. The U.S. House of Representatives is currently considering an amendment to the proposed energy bill that would require that 20% of U.S. electricity demand come from renewable energy sources. The Udall-Platts Amendment, HR 969, will come up for a vote next Tuesday, July 31. A similar amendment was already struck down in the Senate, meaning that the passage of the Udall-Platt Amendment is the only way to keep the issue of renewable electricity standards alive in this energy bill.

The effort to pass the Renewable Electricity Standard (RES) amendment got a boost this week when 19 Democrats, lead by Rep. John Hall of New York and Paul Hodes of New Hampshire, sent a letter (PDF) to House Speaker Nancy Pelosi urging her to include a renewables standard in this summer’s bill. To see the signers, go here (PDF).

You can help by calling or emailing your U.S. Representative and asking him or her to support HR 969. If your member is one of the folks who sent the support letter to Speaker Pelosi, please call and thank them for their leadership in the fight against climate change. To find out the phone number of your Representative, go to www.lcv.org and enter your zip code. You can also send an e-mail to your Representative by going to the Union of Concerned Scientists’ RES Campaign Individual Action page and clicking the link to e-mail your member of Congress. Some points you might want to make on the phone or in your e-mail include:

* HR 969 creates a growing market for clean, renewable energy that increases gradually to 20% by 2020.
* It is a solution to global warming that creates good-paying jobs and increases farm income.
* It’s a way to save consumers money on their utility bills by increasing the competition from renewable energy sources and reducing the demand for natural gas.
* A national renewable standard is needed because, while 21 states and the District of Columbia have renewable standards, a national standard is needed to harness the price stability, energy security, economic development, and environmental benefits of renewable energy for the entire country.
* Renewable standards give utilities options. Through a nationwide trading system of renewable energy credits (RECs), energy producers can purchase renewable energy credits from the lowest-cost producer anywhere in the country.

* To see further points, go to the Union of Concerned Scientists’ RES campaign talking points document.

It is crucial that the United States respond to the reality of climate change as soon as possible. The sooner we start making changes to the way we consume energy, the lesser the impact of climate change will be on our lives and our planet. Please call your Representative today and tell him or her how important it is for you, your family, and the Appalachian region that we start making substantive energy changes!

Bringing Sustainable Energy Infrastructure to the Hudson Valley

Just received notice of this exciting panel in April 12 from 1:00 - 5:00 p.m in Harriman, New York.

A forum related to energy efficiency and renewable energy opportunities in the Hudson Valley. Topics include:

* Current status of energy efficiency and renewable energy infrastructure in the region
* Models of successful energy efficiency and renewable energy programs
* New Energy for Cities
* Funding Mechanisms/Strategies: Beyond SBC/RPS and RGGI: Tax Shifting, Carbon Tax vs. Cap
* Regional Planning to bring Sustainable Energy Infrastructure into Hudson Valley
* Next steps: Interactive roundtable discussion with panel of speakers

The roundtable is sponsored by the Hudson River Sloop Clearwater, Hudson Valley Labor Federation, Hudson Valley Regional Council, the International Brotherhood of Electrical Workers (IBEW) Local 363, NY Planning Federation, NYS Apollo Alliance, Sustainable Hudson Valley, and many others.

For further information or to RSVP, please contact Katy Dunlap at (845) 454-7673 ext. 116 or katy at clearwater.org, or visit Clearwater website.


Act Locally: Ten Steps Toward Sustainability -- Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings

Buildings consume one third of energy and two thirds of electricity used in the United States. They are responsible for 35% of the country's CO2 emissions and 40% of raw materials consumed worldwide. "Green" buildings are blooming, however, because of new environmentally-friendly building materials, economic incentives and the financial savings of energy efficiency.

The U.S. Green Building Council has developed the LEED (Leadership in Energy and Environmental Design) rating system for green buildings, and certifies buildings that integrate sustainability, energy and water efficiency, renewable resources and indoor environmental quality. Many municipalities have incorporated LEED standards into laws governing construction of public buildings. In 2005, New York City mandated LEED standards for nonresidential public buildings costing over $2 million, and for private projects receiving signficant public funding. Many localities offer benefits to builders who incorporate LEED into private projects, including tax credits (Maryland), higher zoning density allowances (Arlington County, VA), and reduced permit fees and fast-track permits (Gainesville, FL).

In 2002, the Town of Greenburgh, NY, passed a ground-breaking law requiring most new dwellings to meet Energy Star Labeled Home guidelines that typically use 30% less energy with improved thermal windows, tightly sealed ducts, and high efficiency heating and cooling equipment (HVAC).

Some Colorado communities have charged extra fees for energy-wasting homes. In Aspen, homeowners are charged special fees if their homes are over 5,000 sq. feet or if they exceed an "energy budget" allocated to their property. These fees funded more than $2 million in energy efficiency and renewable energy projects during the program's first two years.

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business

John Hall, Environmentalist, For Congress

John Hall --- of Orleans, "Dance with Me," and "Still the One" fame -- was just endorsed by the Sierra Club -- and has an excellent chance of beating incumbent Sue Kelly in the 19th Congressional District in New York, and helping the Democrats take back Congress. John has been a long time supporter of the environment and clean energy, and is the kind of representative the entire country needs if we are going to meet the energy and environmental challenges we face.

John_hall


John needs money and support from people all around the country, and the best way to start is to visit his website. I highly recommend viewing his appearance on the Colbert Report last night here. John is very strong, Colbert is hilarious, and the segment includes several effective and funny stabs against the Indian Point Nuclear Plant, which is located within the 19th Congressional District.

Here's John's plan to solve our energy issues that includes a long term Apollo-like program based upon research and development, energy efficiency and renewables:


"Solving the Energy Crisis [FROM JOHNHALL.COM WEBSITE]

One of the most glaring failures of Congress and the Bush administration is in the lack of a coherent, forward looking energy policy. Instead of developing alternatives that put the United Stated in the position of marketing new technologies to the rest of the world, this oil-based cadre of government officials has given tax breaks and incentives to oil, coal and nuclear companies at a time when they are already making record profits.

I propose the following:

An Apollo-program or Marshall Plan equivalent commitment to conservation and alternative energy: solar, wind, hydroelectric, bio-diesel, geothermal, and old-fashioned efficiency.

Raise CAFE standards. If Toyota and Honda can produce a car that gets 60 miles to the gallon, don't tell me Detroit can't. Government must mandate what CEO's refuse to do in the public interest; high standards and incentives will move consumers and companies, especially if government at all levels favors efficiency in their fleet vehicle purchases.

Low-head hydroelectric sites, which number in the thousands in the Northeast alone, should be immediately utilized by installing turbines and indemnifying localities or private owners. Studies ranging from NSERDA in the 70's to the Idaho National Laboratory in 1998 show that untapped hydro sites in New York could make a significant dent in New York City's power demand. (>1200 megawatts - INL 1998) Massachusetts, according to a recent report, has more than four thousand low-head sites.

Bio-diesel runs Willie Nelson's bus and the Clearwater Festival's generators, yet it doesn't have the support from our tax dollars that fossil fuels have. Why? Let's pay American farmers to grow our fuel rather than funneling that money to Middle East oil potentates who fund terrorist organizations.
Ask everybody to be part of the effort. In order to maintain our independence from foreign suppliers and creditors, we should all be willing to conserve as much as possible. Grocery stores and convenience stores should put doors or at least plastic sheeting on cold food cases; subdivision rules banning clotheslines should be lifted; weather-stripping, insulation and storm windows should be provided by government for all older houses and apartment buildings where the owner can't afford them. Unnecessary lighting should be turned off, and the president and Congress should set an example for the rest of us. A kilowatt or barrel saved is the same as one earned.

A crash program to develop solar, and related technologies including hydrogen, should be our new national priority. As kilowatts are replaced by these new systems, our most polluting plants should be taken off line. We should also shut down and decommission our nuclear plants, starting with Indian Point and others that are sited in heavily populated areas where evacuation would be impossible.

The insurance underwriting and subsidies that have been granted for half a century to the nuclear industry should be canceled, and instead be extended to safe, sustainable, alternative energy projects. If we can put a man on the moon, if we can connect the whole planet via the Internet, surely we can kick our addiction to oil, coal and nuclear, energy sources that threaten our health and security."

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.

Good Thing The Village Idiot Left Town!

Gblogo_1
One of the most sensible energy proposals I've heard has just come out of Austin, Texas where a task force will study possible city code changes that would make all single family homes built by 2015 "Zero-Energy Capable Homes."

Homes would have to be so efficient that they would be "net-zero energy" with the addition of onsite energy generation, such as through photo-voltaics. This level of efficiency is 60% more efficient than homes build to code today. As Austin's Mayor Will Wynn stated, “The cleanest of all energy, of course, is the energy that doesn’t need to be produced."

Austin’s task force is to consist of stakeholders of the residential construction industry, including builders, architects, designers, contractors, affordable housing advocates, as well as energy efficiency and renewable energy advocates. The task force would develop strategies that will be piloted through Austin Energy’s nationally recognized Green Building Program -- cost effective strategies would be incorporated into the City’s Energy Code.

U.S. consumers could save hundreds of billions of dollars on their utility bills over the next 10 to 15 years through greater use of cost-effective energy efficiency. Mayor Wynn serves as chairman of the Energy Committee of the U.S. Conference of Mayors -- maybe other cities will follow his lead.

For more information, see the press release here.

And on Page 4, a Beautiful Sunny Day

Another typical day of depressing energy/global warming related news from today's New York Times:

"Death Toll is Over 100 in California Heat Wave"
"Exxon Posts $10 Billion Profit"
"Hussein Now Awaits Verdict"
"Today: partly sunny, afternoon thunderstorms [apocalyptic and happening now], high 89"
"Death Toll From Heat in Europe Passes 80"
"Utilities Pay Scientist Ally On Warming"
"Tide of Arab Opinion Turns to Support for Hezbollah"
"Series of Woes Mar Iraq Project Hailed as Model"

But on page 4, a glimmer of hope: "Hot German July Doesn't Faze Farmer Who Reaps the Sun."

The Times reports that as Germany "sizzles through what is expected to be its hottest July on record," a pig farmer from Bavaria has covered his 150 year-old 200-acre pig farm with 10,050 solar panels that can supply power to all 7,000 residents of his village when running at full capacity. The local utility buys the electricity to meet peak demand during heatwaves when air conditioners are running full blast. And the solar famer makes $600,000 per year from the sale of his electricity which will allow him to pay off his loans in 15 to 16 years.

The farm was made possible as a result of Germany's progressive feed-in tariffs that guarantee solar farmers a minimum price for each kilowatt of electricity for twenty years.

To hedge his bets, the German farmer has held on to his pigs. Meanwhile the U.S. energy pigs are hedging their bets by trying to increase fossil fuel drilling in Alaska and in the nation's coastal waters. (See, e.g., Today's NY Times: "Senate Chiefs Plan to Resist Compromise on Energy Bill".)

"Talking 'bout My (Distributed) Generation"

Several years ago, I attended a conference about renewable energy at the Association of the Bar of the City of New York. The City Bar is a great granddaddy of a bar association -- housed in a beautiful but stodgy old building with many of its members hailing from the largest and oldest law firms in New York -- and I was pleased that the City Bar was so forward-thinking to have a conference on renewables.

The conference, however, was immediately disappointing; it was mostly about financing and siting issues relating to large wind projects, with almost nothing about solar, distributed generation or energy efficiency -- the things I was most interested in.

Upon reflection, the reasons were obvious. Clearly, large wind projects were moving forward and law firms wanted the legal work. But beyond that, why is large wind moving forward faster in the U.S. than other renewables? Is it solely that large wind technology is inherently better and more cost efficient than other renewables? Is it a quirk of nature that large wind is more efficient than solar? Or is something else going on?

Whatever technical advantages large wind may have, one major institutional factor favoring large wind is that it fits the model of traditional electricity generation. Although large wind has great environmental benefits, from an energy and economic perspective it is similar to coal, natural gas and nuclear. The power is generated in large facilities and transmitted through the electric grid to consumers. Large wind is financed, sited, developed, and implemented almost identically to how the energy business has been conducted for years by utilities, governments, lenders and lawyers.

By contrast, distributed generation -- where energy is produced at the point of use and every home and business can be an energy producer -- is revolutionary and threatening to those who benefit from the current infrastructure. For that reason (and others), it doesn't receive the same favor from governments as coal, natural gas and nuclear, and is resisted by utilities and other entrenched interests. This is one reason why, for example, utilities in the United States are almost universally against improved net metering laws (that allow locally generated electricity to be put back into the grid). Utilities claim there are "safety" issues, but there doesn't appear to be evidence of danger, and the real reason appears to be that distributed generation is threatening to utilities' income base and method of doing business.

The benefits of distributed generation are great: a more stable grid, more energy security, more efficiency, elimination of transmission costs and waste, and more possibilities for use of renewables such as solar and small wind. Fortunately, the institutional barriers against distributed generation can be largely overcome by good government policies and sufficient incentives to get the industry started, as evidenced by German and Japan. New Jersey and California have made signficant strides, and the province of Ontario just implemented a "Standard Offer Contract" (similar to feed-in tariffs in Germany).

All the states and the federal government need to implement similar programs so that the next City Bar program on renewables will focus on legal issues relating to distributed generation.

Extension of Solar Tax Credit Proposed in Washington

"Securing America's Energy Independence Act"  -- which would extend the solar tax credit for eight years and increase the credit cap from $2000 per system to $2000 per kilowatt.   Because this would extend the credit for eight years (from two years), it is much more likely to help build the solar industry.  According to Renewable Energy Access, "A long-term extension, [experts] say, is essential to reducing the cost of solar energy, as it would create market conditions that allow solar companies to make investments and drive down costs through economies of scale."

Net Metering Bill in CT Needs Help

Renewable energy (such as PV) is booming in states such as California and NJ where there are subsidies (that help compensate for the subsidizes received by traditional energy producers) and where there is a fair legal and regulatory environment. One of the major needs is for net metering -- a mechanism that allows distributed electricity producers to place their excess electricity onto the grid and receive a credit on their electric bill. Their electric meter literally goes backwards -- hence "net metering."  This is important because renewable energy sources such as PV are intermittent frequently producing excess electricity in the day that would be wasted if it could not be sold back into the grid.

New Jersey -- that permits net metering up to 2 MW -- currently has the best net metering law in the United States, and the solar business is booming.  New York by contrast excludes commercial application and has limits of 10 kW for residential solar (25 kW for residential wind; and 125 kW for farm-based wind); as a consequence, there are many new installations of small residential solar in NY, but commercial PV applications are much rarer.

There is an important, pro-renewable energy bill in the Connecticut legislature, that has become stalled in the final days of the session: Substitute Bill No. 211, An Act Concerning Renewable Energy. Among other things, the bill would 1) increase net metering limit from 100 kilowatts to 1 megawatt; 2) increase the net metering carryover period from 1 month to 12 months; and 3) exempt solar systems from the sales tax. 

The Solar Energy Business Association of New England is requesting that Connecticut legislators be contacted, asked to move the bill forward and told that it is an important bill for the environment and the solar energy industry. Obviously, contacts from Connecticut residents will carry the most weight. Legislators to contact:  Representative Fontana steve.fontana@cga.ct.gov 860-240-0434 Senator Fonfara fonfara@senatedems.ct.gov 860-240-0043; Representative DelGobbo kevin.delgobbo@housegop.state.ct.us 860-240-8700;Senator Herlihy thomas.herlihy@cga.ct.gov 860-240-0436

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