green legislation

Earlier this week, the New York State Department of Transporation (”NYSDOT”) unveiled its Green Leadership In Transportation and Environmental Sustainability (”Green LITES”) design program. While NYSDOT has utilized sustainable elements in its transportation designs previously, Green LITES is an attempt to standardize the entire process and place New York State at the head of the pack when it comes to sustainable transportation design; the program, which is based on LEED, is the first in the country of its kind. “This effort is only the latest example of New York setting the standard for environmental sensitivity in transportation planning,” said Federal Highway Administrator Thomas J. Madison. “They don’t just set the gold standard, they set the green standard.” NYSDOT will review all designs submitted after September 25 under the Green LITES program, prior to the project going out to bid. Ratings under Green LITES will range across four levels of certificiation - Certified, Silver, Gold and Evergreen.

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. Amendments to the Act had actually been proposed under the Spitzer administration but would have set the cap at a maximum of $15 million.

Drafted by City Council Member David Yassky of Brooklyn’s 33rd District, the New York City Bioheat Act of 2007 would require a phase-in of biodiesel (fuel made from combining animal fat or vegetable oil, including recycled restaurant grease, with alcohol) for all heating oil purchased in New York City beginning on January 1, 2009. Pure biodiesel, which is referred to as B100, contains 100 percent biodiesel fuel, while B20 (twenty percent) can be used as an additive and combined with other fuels, obviating the need to retrofit fuel systems. The law would require B5 by 2009, B10 by 2011, and B20 by 2013. In addition, it would also mandate B10 and B20 for all heating oil purchased for use in any City-owned and operated building by 2009 and 2011, respectively. Many state laws in the U.S.- including here in New York- require public buildings to use B2 in their heating systems, but Mr. Yassky’s bill would obviously place Gotham at the vanguard of alternative fuel regulation. Compared to conventional diesel emissions, B20 offers a 20 percent reduction in hydrocarbons and 12 percent reduction in carbon monoxide.