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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.

Risk of Feds Reining in States on Global Warming

For years, while people around the country (indeed, the world) have called for strong federal action on climate change, states including California and NJ have taken the lead and implemented a wide variety of laws and programs.

Ironically, as Congress finally begins debating what to do about global warming, there's a risk now that federal action could undermine some of these local actions, and a number of state and local officials went to Washington this week to help assure this wont happen.

Seattle Mayor Greg Nichols, NJ Governor John Corzine and others told a Senate Committee that the feds could help most by providing money for research and implementing broad guidelines for reducing greenhouse gas emissions. Nichols also said Congress should pass a plan "that calls for a hard and declining cap on emissions and allows for carbon trading among entities."

Local officials warned, however, that Congress should not pass legislation that would undercut aggressive state and local programs. This could happen because when Congress acts in a particular area, that law sometimes preempts any similar or conflicting state law. If Congress sets lower standards than exist in a state, for example, the federal standards might govern.

After years of largely ignoring the issue, Congress has been moving aggressively to draft global warming legislation, and Thursday's hearing was designed to examine local programs that might contribute to federal legislation. Twenty-nine states have already passed legislation limiting greenhouse gases, and 409 mayors have signed a climate-protection agreement. On Monday, the governors of Washington, California, Oregon, Arizona and New Mexico announced a regional agreement on climate change.

For more info see: "Nickels warns U.S. Senate to not rein in cities fighting global warming".


Oakland: There is a Green There There

Ecoequity
Gertrude Stein famously said about her home town, Oakland, California, that “there isn’t any there there.” Surely she would have a different opinion if she were there today and, in fact, many green urban advocates like us wish we were there.

Oakland is the working class home to 500,000 people and one of the nation’s most racially diverse cities. Although it has one of country’s largest ports, many manufacturing jobs have disappeared. In its poorer neighborhoods, 40% of young people suffer chronic respiratory ailments, there are no supermarkets, and ten thousand people are on probation or parole.

Recently, however, hope has arrived in green robes with the potential to build an ecological and equitable economy. Last year, Ron Dellums was elected mayor after promising to grow a local green economy. Then, the Ella Baker Center for Human Rights helped convene the Oakland Apollo Alliance (associated with the National Apollo Alliance). The Alliance has brought together labor, environmentalists and social justice activists with a mission to create “green collar” jobs for Oakland residents and to build a local sustainable economy.

The Oakland Apollo Alliance is advocating for three big green ideas:

1) Creating a “Green Job Corps,” with the help of labor unions, community colleges and the City, to train and employ residents to work in the green economy.

2) Developing “Green Enterprise Zones” where sustainable businesses will be given incentives to move and hire local residents.

3) “Green the Port” of Oakland and turn what is currently one of Oakland’s biggest public health threats into an international model of sustainability (by among other things implementing energy retrofits and converting the port to biodiesel).

Thousands of local residents are supporting this initiative, nonprofits are aligning strategic plans, and funders are pouring money into Oakland, all motivated by the chance to build a sustainable and just future.

If these efforts succeed, Oakland will become a model of sustainability by creating high quality jobs, cleaning the environment, improving public health and helping the country achieve energy independence.

For more information, see the article in Yes Magazine here, or visit the Ella Baker Center's Reclaim the Future website.

Photo Credit: Ella Baker Center.

Solar Panels Should Be Exempt from Property Tax Assessments

A Trenton Times editorial today discusses NJ homeowners who placed solar panels on their home only to find that the Town Tax Assessor slapped them with a $12,000 increase on the value of their home, leading to a $400 increase in property taxes.

At one time, New Jersey exempted solar panels from property taxes, but the exemption was not renewed in 1988. The Times argues that the exemption should be reenacted and that the tax assessment undermines the state's tax credits that are designed to create an incentive for solar. "Given what we now know about mankind's role in global warming," says the Times, "there shouldn't be disincentives to going green."

Spitzer Proposes Climage Change Office

Excellent news from Albany. New York Governor Spitzer's first budget includes a proposal to hire 12 climate experts as part of the Department of Environmental Conservation -- two economists, one climatologist and nine environmental program specialists. If approved by the legislature, New York would follow California to become only the second state to have a state-wide climate office. The employees would initially focus on implementing and expanding the Regional Greenhouse Gas Initiative, a seven-state initiative to reduce carbon-dioxide releases from power plants and other sources by 2009.

Hybrid Vehicles Can Use HOV Lanes in Arizona

Arizona just announced that hybrid vehicles including Honda Insight, Honda Civic Hybrid and Toyota Prius will be permitted to use 73 miles of high-occupancy vehicle lanes if their owners get new plates and special permits from the AZ Motor Vehicle Division.

According to Arizona Governor Janet Napolitano, "We're using a variety of strategies to begin to clear the air in Arizona. Drivers who make the commitment to clean air and energy efficiency will get an easier commute. That seems like a good trade to me."

The plan will also ban some alternative-fuel vehicles such as SUV's and pick-ups that can now use the special lanes.

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?

Ten Steps Toward Sustainability -- Step 9: Support Green Roofs and Porous Pavement

Municipalities can build green roofs on city structures and create incentives for private building owners and developers to use them. Green roofs typically have a layer of soil with plants; their greatest advantage is water management, since they can absorb 50-60% of the rainwater that falls on them. This means that storm water enters the municipality's drainage system in a slow, controlled flow, rather than the typical high-volume surge from impervious surfaces that frequently cause storm water overflows to mix with sewage. Green roofs also help buildings stay cool in the summer and retain heat in the winter. Portland, Chicago and Toronto all have green roof programs.

Similarly, porous pavement can reduce storm water flooding and pollution by permitting water to pass directly through concrete or asphalt into the soil rather than sheeting off. Philadelphia recently announced it intends to use porous pavement in its storm water management program.

For general information on green roofs, see www.greenroofs.com.

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
Step 5: Enact Environmentally-Friendly Land Use Laws
Step 6: Create Biotic Corridors
Step 7: Encourage Green Transportation
Step 8: Bar "Formula" Restaurants

Ten Steps Toward Sustainability -- Step 7: Encourage Green Transportation

Communities can take hundreds of steps to reduce emissions from motor vehicles and green their transportation systems. Some of the better ones: use hybrid fleets; create "Safe Routes to School" projects and participate in "Walk to School Week"; appoint a cycling coordinator, build bicycle lanes, and provide for widespread bicycle parking; and provide a jitney bus service to get commuters to the train. For more information, see Walkable Communities and Walktoschool.org. For information on the new Jitney programs in New Jersey, click here.

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
Step 5: Enact Environmentally-Friendly Land Use Laws
Step 6: Create Biotic Corridors

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