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A N 8 8 D 8 B 1 WWW. NYLJ.COM AR SINCE VOLUME 251—NO. 15 THRUSDAY, JANUARY 23, 2014 STATE ENVIRONMENTAL REGULATION Expert Analysis Mayor de Blasio’s Sustainability Program for City

he new mayor of , Bill de Environmental Design) Silver certification. So Blasio, is expected to (and is expecting it should be no surprise that the framework to) shake things up quite a bit. Much contains an important green building goal. attention during his campaign, and By In particular, the framework states that de since he has taken office, has been on Charlotte A. Blasio “will make every government-owned This economic ideas, including his proposals for building as green as is financially viable by Biblow income tax hikes to help fund his pre-kinder- 2020.” It is not clear from the framework how garten education program. Candidate de Blasio, “financially viable” is to be determined. It also however, set forth positions on a wide variety should be noted that 2020 would be in the middle of issues before the election. Included among of the mayor’s second term, assuming that he those was a vision for a “sustainable city”1 that, is elected to one. if enacted—and even if enacted in part—could stakeholders”—from both the public and private With respect to the private sector, the frame- affect virtually every resident and business in sectors—to “expand and deepen PlaNYC.” The work provides that the city will “continue the every borough in the city. framework proposes annual updates every year commitment” to the New York City Energy Effi- Sustainability, of course, is not a new con- on Earth Day. ciency Corporation (EEC), an independent, non- cept. In 2011, for instance, Governor Andrew Next, the framework focuses on renewable profit financial corporation established by New M. Cuomo announced the Cleaner Greener energy, advocating a “clear commitment to York City to assist it in implementing its Greener, Communities2 program in his State of the alternative energy sources” to reduce New Greater Buildings Plan and to advance the goals State address, and as a result there now York City’s carbon footprint and to “expand of PlaNYC. The EEC’s goal is “to make energy are regional sustainability plans or plans to economic opportunities—from entrepreneurs efficiency investments and clean heat conver- develop those plans throughout the state,3 to production and installation jobs.” Toward sions a reality for building owners throughout including in New York City.4 that end, the framework proposes to expand the five boroughs.”10 The city certainly has been paying atten- the city’s investment in “large-scale clean tion to environmental matters, as its PlaNYC energy production,” including wind, solar, illustrates.5 Consider as well just two additional geothermal, hydropower, and biofuels. At the examples: The city recently finalized a wetlands least, this would appear to be consistent with The framework proposes to expand strategy,6 and it has adopted a “Greener, Greater some of the plans of the Cuomo administra- the city’s investment in “large-scale Buildings Plan” in an effort to track energy and tion, which recently committed $108 million in clean energy production,” including water use.7 Yet one might reasonably expect that funding over the next two years for residential Mayor de Blasio will make a major effort to see and commercial solar energy projects under wind, solar, geothermal, hydropow- his sustainability vision enacted into law. This the NY-Sun initiative. That would bring the er, and biofuels. column highlights his key proposals. total budget for the New York State Energy Climate Change Research and Development Authority for the next two years to $216 million.8 In addition, the framework states that de Bla- The first two words in candidate de Blasio’s Notably absent from the framework’s list sio “will also replicate Chicago’s public-private “Framework for a Sustainable City” tell a lot about of alternative energy sources is any mention partnership model”11 to create more funding for his interests and concerns: climate change. The of nuclear power. Given that omission, one energy efficiency and renewable energy projects. third sentence in this document tells a lot about would not expect de Blasio to support Entergy According to the framework, this would include his goals: “New York City is uniquely positioned to Corporation’s efforts to relicense the Indian direct loans for energy efficiency in buildings become the most sustainable big city in the world.” Point nuclear reactors in Westchester, which and “Energy Services Agreements,” where energy The framework first proposes the creation of had gained the support of both of his immedi- efficiency work is packaged as a service that a an “alliance” for a sustainable New York to “build ate predecessors.9 building owner pays for through savings with 12 on the successes of PlaNYC” by convening “all Green Buildings limited upfront cost to the owner. Reducing Energy Use When de Blasio was a member of the , he co-sponsored legislation The framework proposes to help busi- CHARLOTTE A. BIBLOW is a partner in the environmental, land use and municipal law and litigation departments to offer incentives to implement green building nesses reduce their energy use by having of Farrell Fritz, and can be reached at cbiblow@farrellfritz. standards. He also supported mandates for all city workers provide them with information com. She is president of the board of directors of Sustain- city construction and repairs to ensure they on ways to increase energy efficiency in their able Long Island. earn at least a LEED (Leadership in Energy & buildings, better manage waste, identify gov- THURSDAY, JANUARY 23, 2014

ernment and private resources to “green” The framework also indicates that the the framework, the mayor believes that ques- their businesses, and use energy savings to mayor will restore and renew coastal ecosys- tions about health and environmental safety grow their businesses. tems including wetlands, dunes, and rivers. of fracking “remain unanswered.” The somewhat amorphous nature of that The framework states that, “[i]n the same Training kind of “technical assistance” can be com- way that the High Line has been transformed pared to a specific goal in the framework from an urban blight to a rich community Finally, the framework advocates training of of generating “zero waste” in the city. The space, New York City can renew our water- students, apprentices, and workers to reduce framework declares that the city is “behind ways—such as the Gowanus Canal, New- energy costs. The framework calls for the cre- in recycling and reducing waste,” that the city town Creek, and Jamaica Bay—to improve ation of a “green workforce,” based on the Green spent $320 million in 2011 on disposal, and our water ecosystems and expand locations Professional Building Skills Training model,16 that sanitation trucks drove 40 million miles, for urban ecotourism.” The framework also where labor unions, government officials, busi- “spewing huge amounts of greenhouse gases.” promises that de Blasio “will implement a ness leaders, environmentalists, and educators Interestingly, the framework asserts that five-borough bioswales initiative”15 intended from the City University of New York train work- although the cost of zero waste may sound to minimize the pressure on the city’s water ers and credential them for career advancement unattainable, it is a “practical program and and sewer system. in green building management. goal.” The framework says that since adopting In addition, the framework says that de Conclusion zero waste as a goal, San Francisco recycles Blasio will target rezoning and development 80 percent (New York currently recycles 15 of additional housing to locations with strong Sustainability plans, such as that proposed percent, according to the framework) of its transit connections, encouraging higher-den- by candidate de Blasio in the framework and waste, and that cities including Seattle and sity development at and around transit hubs now presumably a road map for Mayor de Bla- Oakland and the states of Minnesota, Oregon, and preserving lower density neighborhoods sio, can cover a host of areas, from transporta- and California are striving for zero waste. located further from mass transit. tion, land use, energy, and water management The framework declares that de Blasio “will to waste management, economic development, institute” a zero waste program that will have and climate change adaptation. The extent to these steps: The framework proposes to expand which the various concepts in the framework • strengthening and expanding existing will be adopted no doubt depends on the time, recycling, municipal composting citywide. the priorities, and the resources available for a • instituting composting programs, and The framework states that de Blasio sustainability program, and the effort that the mayor and his team will devote to it. The more • establishing waste reduction programs, “will expand the city’s program and including, for example, bans on plastic of the framework that takes effect, the more bags and requiring more materials to be create a mandatory citywide mu- New York City will gain a leadership position recyclable or compostable. nicipal composting system within in sustainability among cities. Many eyes, and Similarly, the framework proposes to expand pocketbooks, await the new mayor’s decisions. municipal composting citywide. The frame- five years.” ••••••••••••••••••••••••••••• work states that de Blasio “will expand the 1. See http://www.billdeblasio.com/issues/sustainability-environment. city’s program and create a mandatory city- Technology 2. See http://www.nyserda.ny.gov/Statewide-Initiatives/Cleaner- wide municipal composting system within Greener-Communities.aspx. As might be expected today, technology 3. See http://www.nyserda.ny.gov/Statewide-Initiatives/Cleaner- five years.” Greener-Communities/Regional-Sustainability-Plans.aspx. “Zero waste” cannot be reached overnight, plays an important role in the framework. 4. See http://www.nyserda.ny.gov/Statewide-Initiatives/Cleaner-Green- and the framework recognizes that, proposing First, the framework promises “gateless toll- er-Communities/Regional-Sustainability-Plans/New-York-City.aspx. ing” to cut down on congestion and delay for 5. See http://www.nyc.gov/html/planyc2030/html/about/about.shtml. a “fair, five-borough plan” to handle New York’s 6. See Charlotte A. Biblow, “Wetlands Strategy Finalized by New garbage now. Declaring that New York City’s drivers. It points out that the mayor will work York City,” NYLJ (July 26, 2012). trash has been “disproportionately shipped to with the Metropolitan Transportation Authority 7. See New York City Local Law 84 Benchmarking Re- to introduce gateless tolling on “traffic-choked” port (Sept. 2013), available at http://nytelecom.vo.llnwd. poor communities in the outer boroughs,” the net/o15/agencies/planyc2030/pdf/ll84_year_two_report.pdf. framework states that de Blasio “will imple- existing toll bridges, most notably the Verraz- 8. See Press Release, “Governor Cuomo Announces Additional $108 ment the Comprehensive Solid Waste Manage- ano-Narrows Bridge. Million Commitment to Solar Industry Through NY-Sun Initiative” (Dec. Second, the framework says that the mayor 19, 2013), available at http://www.governor.ny.gov/press/12192013NY- ment Plan, including opening the 91st Street Sun-Initiative. Marine Transfer Station” in .13 will support the development of a smart grid 9. See Charlotte A. Biblow, “Considering Nuclear Power As Indian and a smart meter system. This will require Point Faces License Renewal,” NYLJ (Nov. 23, 2012). Whether a local Infrastructure politician’s opposition to the relicensing of a nuclear power plant working with the state Legislature to establish has much practical significance is uncertain. See Charlotte A. Biblow, There are a number of proposals in the real-time pricing options for electricity as a “Second Circuit Closes Down Vermont’s Efforts to Stop Nuclear Plant,” framework relating to the city’s infrastructure, means of decreasing energy consumption. The NYLJ (Sept. 26, 2013). 10. See http://www.nyceec.com/. especially important in light of the damage mayor’s framework also says he will support 11. See https://www.cityofchicago.org/city/en/depts/fin/supp_info/ wrought by Superstorm Sandy. increasing the size of solar and alternative public_private_partnerships.html. For one thing, the framework states that the energy installations that can use net metering, 12. See http://www.nyceec.com/esa/. 13. See http://www.nyc.gov/html/dsny/html/swmp/swmp-4oct. mayor “will invest in infrastructure upgrades a system that allows homes and businesses shtml. that improve our resilience and ability to to feed energy that has not been used back 14. See http://www.nyc.gov/html/sirr/html/home/home.shtml. respond to an emergency,” citing as examples into the grid. 15. See http://www.nyc.gov/html/dep/pdf/green_infrastructure/ bioswales-standard-designs.pdf. permeable surfaces and natural infrastructure. Fracking 16. See http://gpro.org/. It also says that the mayor will implement many of the recommendations made by the It should be no surprise that the frame- Special Initiative for Rebuilding and Recov- work highlights a resolution sponsored by ery,14 specifically including safeguarding utili- the mayor in 2009 that called on federal and ties and hospitals and improving protective state agencies to “assess the risks” posed Reprinted with permission from the January 23, 2014 edition of the NEW YORK by hydrofracking to drinking water, and to LAW JOURNAL © 2014 ALM Media Properties, LLC. All rights reserved. Further infrastructure with assets such as surge bar- duplication without permission is prohibited. For information, contact 877-257-3382 riers and sand dunes. apply appropriate regulations. According to or [email protected]. # 070-01-14-23