Articles With "Government" Tag

Dual Flush Toilets, Nevada's Green Incentives, New York's Green Improvements, + William McDonough on Earth Day (WIR)

Week in Review
  1. If Your Toilet was Installed Before 1994, it probably Accounts for 40% of Household H2O…Dual Flush Toilets are Newest Way to Save Water
  2. Patagonia’s LEED Gold Distribution Center Gets 50% Real Property Tax Abatement of Next 10 Years, Proves that Nevada is Only State to Offer Green Building Incentives.
  3. New York’s Home Performance with Energy Star Program has invested $100 million to Improve the Energy Efficiency, Comfort, Health, and Safety of More than 13,600 Homes
  4. For Earth Day, William McDonough Asks us to Celebrate the Abundance of Solar Income and Commit to Cradle to Cradle Principles. 

LEED Ordinances: Unlawful or Not? Philosophically Speaking…

Usgbc

Well, it looks like a courageous Palo Alto lawyer has decided to escalate the conversation as to whether LEED ordinances, city ordinances that require developers to build green, are lawful or not.  Here’s the background story.  Currently, Palo Alto requires public projects of 10,000+ sf to be certified under the USGBC guidelines, but they’re considering a mixture of alternatives that would require private developers to build to USGBC standards.  Generally speaking, there are two ways to get private developers to go green:

  1. Carrot Incentives – provide utility rebates, design allowances, floor area ratio increases, density increases, fast-track permits, etc.
  2. Stick Regulations – charge a "green fee" for developments that aren’t green, deny site plan or building permit approvals, or require LEED for approvals. 

Palo Alto City Attorney Gary Baum warned that green building requirements (i.e., stick regulations) have no legal basis.  Further, it’s in the city’s best interests to incentivize rather than restrict.  Let’s get legal, though.  What differentiates standard building codes with green building codes?  There’s a legal basis for adherence to standard building codes, but there’s no basis for green building codes?  Is it the police powers?  Where’s the argument for "no legal basis?"  I’m not saying I disagree, because personally, I think it’s more effective to go with option #1, carrot incentives.  But let’s enunciate the argument for there being no legal basis to adopt a LEED ordinance.

There’s a philosophical component to the situation and I see three general options:  wait on the free market, incentivize the market, or regulate the market.  The free market would likely be against both the second and the third, because incentives also interfere with market economics.  The incentivizer would say the free market never comes around and the regulator is a pain in the butt.  The regulator would say the free market is weak and slow and the incentivizer trades money for cooperation, the wrong way to make sure something gets done.  What do you think?  Free market? Incentivize?  Regulate? LEED Ordinances are illegal?    

$80k to The Nature Conservancy, Light Bulb Exchange Program, + Supreme Court Goes Green (WIR)

Week in Review
  1. Duke Energy Donates $80,000 to The Nature Conservancy for Shareholders Choosing Paperless Delivery of Annual Report
  2. S. California "Green Schools" Light Bulb Exchange Program Enables Students to Reduce their Families’ Home Energy Bills
  3. The U.S. Supreme Court Ruled 5-4 that the EPA violated the Clean Air Act by Declining to Regulate New-Vehicle Emissions Standards to Control the Pollutants that Contribute to Global Warming. 
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