Legislation
District Court Judge Grants Injunction Barring Enforcement of Albuquerque Green Building Code; Legislators “Unaware” of Preemptive Federal Statutes
Chief District Judge Martha Vazquez of United States District Court for the District of New Mexico issued an order back on Friday granting a preliminary injunction in favor of the plaintiffs in AHRI et al. v. City of Albuquerque. The injunction bars the enforcement of the city’s Energy Conservation Code, which the plaintiffs claim is preempted by federal regulation, pending the outcome of the lawsuit. I thought a portion of Vazquez’ 24-page written opinion was particularly interesting in light of much of our commentary on state- and local-level green building legislation here at gbNYC. “The city’s goals [in enacting the disputed code] are laudable,” Vazaquez wrote, “[u]nfortunately, the drafters of the code were unaware of the long-standing federal statutes governing the energy efficiency of certain HVAC and water heating products.”
Popularity: 8% [?]
8Oct2008 | Stephen Del Percio | 0 comments | Continued
Connecticut Construction Industry: Clarify Purview of Proposed Green Building Legislation
We’ve commented extensively here at gbNYC on proposed state- and local-level green building legislation. One consistent critique we’ve had is that many pieces of legislation have either left key green terms undefined or failed to accurately and comprehensively articulate how the legislation will be implemented. These considerations are critical given that 100 state-level, LEED-driven green building bills have been introduced here in 2008, with 18 actually taking effect. Connecticut’s construction industry recently voiced these types of concerns with respect to proposed legislation that would mandate LEED Silver certification- or its “equivalent”- for public and private sector projects. Industry representatives are concerned over the legislation’s ambiguity, pointing out that there is no definition or guidance within the legislation with respect to what an “equivalent” rating to LEED might be.
Popularity: 9% [?]
6Oct2008 | Stephen Del Percio | 0 comments | Continued
More Green Building Legislation May be Imminent for Garden State
Earlier this week, Hudson County Assemblyman Ruben Ramos of Hoboken sponsored two green building bills as New Jersey’s fall legislative session opened up in Trenton. The first, A1626, would require affordable housing to implement green design features, though the bill as proposed does not mandate any particular formal certification or include specifics on how the legislation would be enforced. The second, A2065, would provide low-interest loans available to developers who construct or renovate a building that qualifies as a “high-performance green building,” which is defined in the bill as “a building having at least 15,000 square feet in total floor area that is designed and constructed in a manner that achieves at least a [S]ilver rating according to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council.” Ramos was also a co-sponsor of last year’s Green Building Tax Credit Act (S1077, which is apparently still pending before the legislature); that bill would provide developers with up to $20 million in annual tax credits which they’d be able to apply to their state corporate, income, sewer, and water taxes.
Popularity: 16% [?]
18Sep2008 | Stephen Del Percio | 1 comment | Continued
Industry Protests Against Southampton Solar-Powered Pool Legislation
The Southampton Town Board heard proposals earlier this week to amend a new law that will require all new pool heaters to be solar-powered. The law is facing opposition from the Northeastern Pool & Spa Association and the Long Island Pool & Spa Association (”LIPSA”), industry groups that represent pool equipment manufacturers and dealers. Although it would be the first such law on Long Island, a handful of municipalities nationwide have already adopted similar laws. John Tortorella, one of the largest swimming pool contractors in Southampton, praised the concept as “a good idea,” but also cautioned that “all hell will break loose” if the law is enacted as currently drafted, requiring customers to incur thousands of dollars in additional plumbing and infrastructure costs. LIPSA argued before the Board that solar-powered pool heaters require more room to install than electric or gas heaters, and could require some pool owners to remove decks and trees in order to comply with the legislation.
Popularity: 13% [?]
10Sep2008 | Stephen Del Percio | 0 comments | Continued
Sales Tax Exemption Proposed for Garden State Green Building Products
New Jersey may soon be the first state in the U.S. to offer a sales tax exemption for certain green building products. Bill S-1778, introduced by state senator Bill Baroni (R- Mercer/Middlesex) would provide consumers with an exemption from New Jersey’s seven (7) percent sales tax for EnergyStar-rated residential appliances, including refrigerators, ceiling fans, and fluorescent light bulbs. Although other states- including Vermont- have offered similar temporary green product sales tax exemptions, the New Jersey legislation would be the first to go permanently on a state’s books. The program would be called “Buy Green, Save Green,” and the bill is also being sponsored by Assemblywoman Pamela Lampitt, a Democrat from Camden.
Popularity: 18% [?]
1Aug2008 | Stephen Del Percio | 1 comment | Continued
City Council’s Infrastructure Task Force Debates Solar Power Installations
During a panel discussion that was held earlier today at Hunter College, local alternative energy experts and city officials debated how Gotham might encourage increasing solar power to public and private buildings. The City Council’s infrastructure task force organized the forum, and co-chair Daniel Garodnick explained that under current regulations, a building owner is required to pay the costs of hooking a solar power system to the Con Edison grid. It’s not that simple, though; a 32-page .pdf document called “Standardized Interconnection Requirements and Application Process for New Distributed Generators 2 MW or Less Connected in Parallel with Utility Distribution Systems” sets forth the parameters. The New York Times’ City Room blog reports that one idea the task force is considering is creating various “solar empowerment” zones, where neighboring buildings that are suitable for solar installations could tie their arrays together and pay for just one connection to the Con Ed grid.
Popularity: 18% [?]
31Jul2008 | Stephen Del Percio | 0 comments | Continued
Cabbies Concerned Over Bloomberg Bid to Turn Fleet Hybrid
Early last week, Mayor Bloomberg announced that the city has struck a deal with several major automobile manufacturers to guarantee a monthly supply of hybrids to New York City’s taxi drivers, securing 200 Altima hybrids from Nissan, 50 Malibus from Chevy, and 50 Ford Escapes. The purpose of the deal is to place New York cabbies at the front of the line for the hybrids, which are currently in high demand all over the country. 1300 of New York’s taxis have already gone hybrid, saving drivers precious fuel money and, of course, reducing the city’s carbon emissions. The 300 figure was crafted to exceed the 210 per month that the Taxi and Limousine Commission estimates are necessary to satisfy new fuel efficiency standards for the taxicab fleet (25 miles per gallon beginning in October). Still, the plan is being met with some resistance.
Popularity: 12% [?]
21Jul2008 | Stephen Del Percio | 0 comments | Continued
Industry Groups Launch Legal Challenge to Albuquerque Green Building Codes
Albuquerque, New Mexico’s Energy Conservation Codes were signed into law back in January, but their implementation was delayed until July 1 after industry groups voiced concerns during the spring that the Codes were, among other things, preempted by federal law. The Codes purported to raise the standards on the installation of HVAC equipment for all new and retrofit commercial and residential projects to a Seasonal Energy Efficiency Ration (”SEER”) of 15 (for air conditioning) and an annual fuel utilization efficiency (”AFUE”) of 90 percent (for heating). The suit was filed in U.S. District Court for the District of New Mexico by, among other plaintiffs, Air Conditioning, Heating and Refrigeration Institute.
Popularity: 28% [?]
15Jul2008 | Stephen Del Percio | 0 comments | Continued
New York Energy Smart Loan Fund Offers Incentives for Energy Efficiency Across Empire State
If you own real estate in New York State, you may qualify for an interest relief payment from the New York Energy Smart Loan Fund if you plan to make an investment of any kind towards improving the energy efficiency of your property. Payment comes in the form of a lump sum to the lender (not to you) when a loan for a particular renovation or installation of an energy efficient service has been blessed by an approved lender. The interest relief is then passed on to you on payments over the full period of the loan. The purpose of the program (administered by NYSERDA) is to offer interest rate reductions on any loan that aims to increase the energy efficiency of a property.
Popularity: 18% [?]
10Jul2008 | Stephen Del Percio | 0 comments | Continued
Huntington (LI) LEED Legislation Offers Incentives for Developers to Go Green
Earlier this evening, Huntington, Long Island’s town board approved legislation that offers local developers incentives for pursuing a LEED rating. The program requires developers to provide $1.00 per square foot to the town of Huntington itself. If developers build to any level of formal LEED certification, they get to keep 80 cents on each dollar upon final completion and award of a LEED rating. If the project does not receive LEED certification, all of the funds are forfeited to the town. Monies raised will finance the program itself, as well as assist Huntington in educating local officials about green building issues.
Popularity: 20% [?]
1Jul2008 | Stephen Del Percio | 0 comments | Continued
Albany Reaches Agreement on Amendments to Brownfield Cleanup Program Act
Earlier this week, lawmakers in Albany reached an agreement with Governor Paterson on amendments to New York State’s Brownfield Cleanup Program Act (”BCPA”). Under current BCPA provisions, developers can receive tax credits for up to 22 percent of the cost of remediating a brownfield site. The new Act will increase that figure to 50 percent but include a cap of $35 million (or three times the cleanup cost, whichever is less) for non-manufacturing projects; the cap increases to $45 million (or six times the cleanup cost, again, whichever is less) for manufacturing projects.
Popularity: 23% [?]
25Jun2008 | Stephen Del Percio | 0 comments | Continued
What Will LEED v3 Mean for Green Building Legislation?
In an email that was circulated yesterday, USGBC President Rick Fedrizzi announced that his organization’s long-awaited next generation rating system, LEED Version 3.0- which will be known as LEED 2009- will debut for public comment on Monday, May 19. Generally speaking, LEED 2009 will reorganize credits from each of the existing LEED systems into a Bookshelf System, individually weigh credits based on environmental impact, and offer regional bonus credits. However, one of gbNYC’s more specific interests with respect to LEED relates to municipal and state level legislation that either provides an incentive for or mandates LEED-compliant construction.
Popularity: 22% [?]
16May2008 | Stephen Del Percio | 1 comment | Continued
Green Building Initiative Joins Chase for High-Performance Building Standard
Almost a year ago, USGBC announced that it was developing a new building standard in cooperation with ASHRAE and IESNA. Standard 189P for the Design of High-Performance Green Buildings Except Low-Rise Residential Buildings remained open for public comment through the end of last July. Though modeled on it, 189P is not the same thing as LEED. It’s intended to contain a series of performance-related criteria- including targets for energy and water efficiency- that buildings must satisfy in order for municipalities to issue a certificate of occupancy for new buildings or major renovation projects. The Green Building Initiative has announced that, it too, is in the process of developing a similar standard based on its Green Globes tool.
Popularity: 11% [?]
7May2008 | Stephen Del Percio | 1 comment | Continued-
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