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Green Revolution: New Local Regulations Address Global Warming

By Anthony S. Guardino
September 26, 2007

A great deal has been written about global warming, international efforts to cut greenhouse gas emissions, state and federal action in this area, and even growing business initiatives that seek to address the problem. (See, e.g., Thomas L. Friedman, 'The Green Road Less Traveled,' N.Y. Times, Week in Review, at 12, July 15, 2007.)

Significantly, however, these environmental concerns also have reached down to the local level throughout New York state. Indeed, local government actions are already affecting ' and will have significant future implications for ' individuals, businesses, property owners, contractors, and suppliers. Local municipalities have adopted zoning, building, or construction codes or other land use regulations requiring consideration of greenhouse gases or related environmental issues before permits will be issued. The new provisions are becoming so prevalent, in fact, that one might rightly declare that the state is at the beginning of a 'Green Revolution' on the local level.

One reason local governments are acting is that they are primarily responsible for property development and are recognizing the great impact that construction, renovation, and property use have on individuals' health and on the environment. It has been estimated, for example, that 40% of raw materials consumed globally are used for buildings, and that, in the United States, commercial and residential buildings are responsible for about 65% of electricity consumption, 30% of greenhouse gas emissions, 12% of potable water use, and 136 million tons of construction and demolition waste annually. See, Local Law 86 of the City of New York for the Year 2005, also known as the Green City Buildings Act, available at http://www.nyc.gov/html/dob/downloads/pdf/ll_86of2005.pdf (hereinafter, 'Local Law 86'). By taking action regulating construction in support of 'green building,' local governments and governmental bodies are seeking to effect change. The New York State Energy Research and Development Authority defines 'green building' as 'the design and construction of buildings giving careful consideration to three main elements: healthy indoor environment, maximum energy efficiency and conservative, thoughtful use of natural resources.' See http://www.nyserda.org/programs/Green_Buildings/default.asp.

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