Climate Change Attorney Blog

New York has implemented a Climate Smart Communities program to help reduce Greenhouse Gases (GHGs). The New York State Department of Environmental Conservation (DEC) Website link describes this program as follows:

"Climate Smart Communities is an unprecedented partnership between New York State and local communities. Its goal is to lower greenhouse gases and save taxpayer dollars through climate smart actions that also promote community health and safety, affordability, economic strength and quality of life."

The program has several key areas it asks communities which enroll in the Program to pursue:

"# Appoint a climate coordinator and galvanize community support.
# Identify sources of greenhouse gases in the community.
# Set goals for emission reduction and develop a climate action plan.
# Implement your plan. Most communities begin by reducing emissions from their own facilities and vehicles; some move at the same time to reduce emissions in the community at large....
# Encourage businesses, institutions and individuals to "go green" by demonstrating and explaining the savings from energy efficiency and low-carbon energy."

-Steven Silverberg

New York Governor Paterson announced the release of the New York State Climate Action Plan Interim Report this week. The Interim Report has been posted for public comment through February 7, 2011.

The Report details increases in GHGs and related increases in temperatures and sea level over the years stating "because the added GHGs will remain in the atmosphere for centuries and some parts of the climate system respond gradually, awareness is growing that some additional climate changes are inevitable. Responses to climate change have grown beyond a focus solely on mitigating the amount of GHGs released into the atmosphere to include adaptation measures that minimize and prepare for the effects of anticipated climate change."

The Report notes that, because many GHGs remain in the atmosphere for hundreds and even thousands of years and there is also a lag in the impacts of GHGs, even if no additional GHGs are added to the atmosphere there will continue to be some global warming. If there is a failure to curtail GHGs there will be even greater impacts.

"It is important to note that the most severe effects, or “Abrupt and Major Irreversible Changes,” may be prevented if the rise in global average temperature is limited to approximately 3.6°F (2°C). Climate change impacts also depend upon the vulnerability and adaptive capacity of natural systems and human populations. Effective management of climate change risks requires policy and decision makers to take flexible, yet significant and sustained actions to reduce GHG emissions and build the state’s resiliency to climate change impacts; to learn from new research, monitoring data and scientific assessments; and to adjust future actions accordingly."

The report discusses projections for increases in temperatures in New York and sea level rise which, in a worst case scenario, could be as much as 55 inches by 2080 in the lower Hudson Valley and Long Island. Along with global warming and increases in sea level extreme weather events are expected to increase in frequency and intensity.

The Report calls for a "portfolio of policies" to reduce GHGs by 80% in 2050. "There are a number of policies —particularly in the Buildings, Industry, and Transportation sectors —that represent cost-effective ways to take a meaningful step toward a low-carbon future. These “No Regrets” policies, which are primarily efficiency policies, could represent options for early action. Further analysis of benefits and costs, and strategies to finance and/or fund will be needed....to break our dependence on finite fossil-fuel resources, the State will need to continue to strategically advance low-carbon energy supply-side policies and infrastructure investments, particularly focusing on policies that provide significant co-benefits to New Yorkers (e.g., improvements in local air quality, opportunities for economic development and job creation)."

-Steven Silverberg

The California Public Utilities Commission has released a plan called "California's Clean Energy Future," setting goals for the year 2020. One of the most interesting goals is "enough charging stations at home, work, and in public areas to accommodate one million electric and hybrid vehicles." Many people have noted that a lack of charging stations is a major obstacle to developing alternative energy vehicles. If California can develop a model for establishing charging stations that would have the potential to advance the development of electric and hybrid vehicles.

Other goals of the plan are:

"* Reductions of electricity (13,200 to 18,000 gigawatt-hours) and natural gas use (800 million therms) by 2020.
* 5,000 megawatts of installed renewable distributed generation statewide at the right locations on the power grid to support reliability and provide economic value.
* The development of at least one large-scale carbon capture and storage generating facility in California.
* 1,000 MW of additional storage capacity to be brought onto the system."

-Steven Silverberg

New Rochelle New York has scheduled a hearing on its proposed "GreeNR" Sustainabilty Plan. The Plan, developed over the last year, proposes a series of short term, medium term and long term goals.

Among the highlights of the Plan are a series of goals for the year 2030 listed in a press release as:

"• Reduce energy use and greenhouse gas emissions by at least 20%.
• Cut non-recycled solid waste generation by 15%.
• Preserve natural spaces and restore inland water bodies.
• Absorb or retain 25 million gallons of flood water per storm.
• Decrease sewage flow by at least 2 million gallons in peak hours.
• Build at least 95% of new housing near mass transit.
• Open at least one additional mile of the Sound shore to the public.
• Plant at least 10,000 new trees on public property.
• Create a comprehensive walking and bicycling system.
• Subscribe at least half of all households to the City website."

-Steven Silverberg

On July 22, 2009 the Governor of Oregon signed seven laws, all dealing with issues related to climate change. In a press release the governor's office summarized the new laws as follows:

"Senate Bill 38- Expands reporting requirements for greenhouse gas emissions to imported electricity, natural gas, and transportation fuel and will allow state to better track amount of greenhouse gases emitted in Oregon.

Senate Bill 79- Ramps up energy efficiency in building codes by 10 to 15% for residential and by 15 to 25% for commercial structures and creates a new “reach code” system to highlight best practices for builders and developers. The bill also creates a task force appointed by the Governor to develop energy performance scores for homes and buildings, similar to fuel mileage stickers on vehicles and recommends to next legislature whether to require the performance scores as part of real estate transactions.

Senate Bill 101- Requires that new electricity sources must be as least as clean as natural gas plants, effectively blocking new development of conventional coal. This is similar to legislation passed in Washington and California.

House Bill 2186- Authorizes the Environmental Quality Commission (EQC) to develop a low carbon fuel standard that would sunset in 2015. Authorizes EQC to require inflation of tires as part of servicing vehicles and to require reduction in emissions from ships at port and directs the DEQ to study measures to reduce aerodynamic drag on long haul trucks and idling and to provide recommendations to legislature by October of 2010.

House Bill 2626- Gives local governments the authority to issue bonds for residential and business energy efficiency projects. In addition, the bill creates the ability for homeowners and building owners to access long term low cost financing and uses $5 million in lottery bonds as grant money to capitalize the program. Loans can be paid back on utility bills.

House Bill 3039- Directs the PUC to develop a pilot program to integrate 25 megawatts of small scale solar energy into Oregon’s electricity mix using a feed-in tariff. The bill also requires 20 megawatts of large scale solar be integrated into utility loads.

House Bill 3463- Triggers the 2 percent blending requirement for biodiesel into statewide diesel fuel, ensuring greater use of a renewable fuel source that will also reduce carbon emissions. The blending is required by the end of August of this year."

The Governor of New Hampshire has issued a Climate Action Plan. The 82 page plan seeks to implement a program that will result in a reduction of greenhouse gas emissions to 90 percent below 1990 levels by 2050.

The recommendations contained in the plan include:

"1. Maximize energy efficiency in buildings
2. Increase renewable and low-CO2-emitting sources of energy
in a long-term sustainable manner.
3. Support regional and national actions to reduce greenhouse
gas emissions.
4. Reduce vehicle emissions through state actions.
5. Encourage appropriate land use patterns that enable fewer
vehicle-miles traveled.
6. Reduce vehicle-miles traveled through an integrated multimodal
transportation system.
7. Protect natural resources (land, water, wildlife) to maintain
the amount of carbon fixed or sequestered.
8. Lead by example in government operations.
9. Plan for how to address existing and potential climate
change impacts.
10. Develop an integrated education, outreach and workforce
training program."

The mayors of San Francisco, Oakland and San Jose California signed on to the Bay Area Climate Change Collaborative last week. The Collaborative sets specific goals for the member communities.

Included among the goals are reducing reliance on fossil fuels and creating "green" jobs. In addition, the intent is to bring other communities in the area within the Compact in order to move toward more sustainable energy and work collaboratively in combating the impacts of fossil fuels.

A New York City panel created by Mayor Bloomberg issued a report predicting significant increases in temperature and sea level in and around New York City over the next 70 years. The report predicts sea level rise of up to two feet and mean annual temperature increases of up to 7.5 degrees.

In a press release summarizing the findings it was noted: "[t]he report also projects that extreme events – such as heat waves, short periods of intense rain, droughts, and coastal flooding – are likely to become more frequent and more intense. In contrast, cold day events, where the temperature drops below freezing, will decrease in frequency."

Municipalities in the lower Hudson Valley are joining a small but growing trend in trying to combat global warming by requiring that new building projects and some renovations receive LEED, green building certification.

Earlier this week the County Executive of Rockland County signed a local law which requires that for building projects owned or operated by the County, which cost in excess of one million dollars, there be a “good faith effort” to receive the LEED silver certification. The city of Yonkers is now considering a local law that would require any building receiving a zone change, variance, subsidy or tax break to obtain LEED silver certification. The law is proposed for major renovations or construction of at least 4,000 square feet, with less stringent standard applying to smaller projects.

Earlier this year the New York City Department of Environmental Protection (DEP) issued a “Climate Change Program Assessment and Action Plan”. The DEP provides management of the drinking water, drainage and waste water for the City of New York. The DEP describes the Plan in a report which “summarizes this substantial process of analysis and action and outlines a comprehensive adaptation strategy for DEP as it prepares for a warmer and more volatile future.”

The report notes an expected increase in average annual temperature in New York City and its watershed area of 7.5% to 10% and an increase in sea level of 15.7 to 17.7 inches by the 2080s with increased frequency of extreme weather events. The Plan addresses action to be taken to protect the City’s drinking water and waste water systems. In addition, to various activities to monitor and prepare for the effects of storms and sea level changes the Plan proposes certain proactive activities. The DEP will be leading the City’s actions to reduce the production of greenhouse gases (GHGs) by the City government with an announced goal of a reduction to 30% below 2006 emission levels by 2017.

One of the interesting aspects of the movement to address greenhouse gas (GHG) emissions is the many layers of government that are getting involved in how to curb global warming and confront the problems of climate change. In October, 2008 Sonoma County California issued its Community Climate Action Plan. The detailed and ambitious plan notes: “(e)very historic change is preceded by a massive collection of individual actions. Because we cannot foresee how change will occur, each action is critical.”

The multi-faceted plan seeks to achieve the previously announced goal of the county and all of the nine cities in the county to reduce GHG emissions to 25 percent below 1990 levels by 2015. The four categories of action include: (1) investment in energy and water efficiency to reduce demand, (2) smart transit and land use by shifting to electric vehicles, walking and bicycling from fossil fuel vehicles, (3) invest in renewable energy resources and jobs and (4) protect forests and farmland and convert waste into energy in order to “conserve and capture.”

Some of the details of the plan demonstrate the need for an extraordinary level of legislative and financial commitment, which if successful may serve as a model for many communities. Among the proposals are to retrofit 80 percent of the buildings in the county to make them more energy efficient, strengthening land use regulations to encourage transit oriented mixed use development and creating incentives for small scale solar, wind and hydro power installations.

While some of the proposals are particular to the climate and current land uses in the county, other proposals are similar to or the same as actions being taken by other communities. However, the scope and detail of the plan are impressive and can certainly provide some guidance to other communities looking for ways to begin addressing these issues.