Climate Design

The Planning and Design Problems of Climate Change
Measures to Consider

Coastal wind and advanced flood plain envelopes will become as integral to building and land use policy as standards of light and air are today.  Traditional electric power grid (coal/oil/gas) systems will go to a 24/7/365 pricing structure to spread demand.  Waterproof everything 14ft above MHT will be standard for 75% of the population and 30% of the land area.  Rain harvesting will be a component of buildings and “complete streets” arrive to make room for passenger vehicles other than cars.   Power storage locations/systems will take top priority.  New route designs will accommodate vastly broader range personal vehicles (type, size).  So called “intermodal nodes” will become high value zones.

Buildings and Energy

  • Improve energy incentives in buildings by centralizing incentives. Update the State Energy Code swiftly and expedite “climate friendly” projects. Prioritize energy efficiency initiatives for affordable housing.
  • The Renewable Portfolio Standard (RPS) should be raised from 25% to 30%.
  • The Public Service Commission should be permitted to require time-of-use pricing, which allows the price of electricity to more closely track the actual cost of producing it on an hour-by-hour basis.
  • Provide incentives for installation of “smart meter,” to allow for data exchange of between the electricity provider and the customer’s electric meter.
  • Sub-metering should be required in all buildings to allow building owners to bill tenants for individual electric usage.
  • The State Energy Code should be amended to cover more building renovations; currently only renovations that involve the replacement of 50% or more of a building’s subsystem must comply with the Code.
  • All new or substantially renovated school buildings should be required to meet green building standards.
  • Water and wastewater treatment plants should be required to adopt energy conservation requirements.
  • Reinstate the State Energy Planning Board

Land Use

  • The State Environmental Quality Review Act (SEQRA) regulations should be amended such that GHG emissions are considered for projects that are subject to it.
  • GHG emissions should be factored into local comprehensive plans.
  • Wind projects, including those offshore, should be encouraged and New York should adopt a statewide wind energy goal as part of its RPS requirement.

Vehicles and Transportation

  • Continue to strive for a 10% reduction in vehicle miles traveled (VMT) below business as usual within 10 years; to this end, New York should initiate a VMT Task Force.
  • Consider imposing feebates on the purchase of new vehicles with low fuel economy and offer rebates on the purchase of vehicles with high fuel economy.
  • Encourage the purchase of alternative fuel vehicles.
  • Include Energy-saving vehicle maintenance techniques as part of the vehicle registration process.

Additional recommendations

  • Encourage the expansion of the Regional Greenhouse Gas Initiative (RGGI) by promoting the adoption of an economy-wide cap on GHGs; in addition, consider lowering the existing cap.
  • Carbon capture and sequestration (CCS) technology should be pursued provided that adequate federal funding is available.
  • Green workforce development should be promoted by enhancing educational and job training programs throughout the state.
  • Encourage the Interagency Committee on Sustainability and Green Procurement to be aggressive in setting green specifications for certain goods that are purchased by State agencies.
  • Promote methane capture by requiring or encouraging it in all municipal solid waste (MSW) landfills.
  • Improve its floodplain mapping system by taking into account future sea level rise.

New York State Bar Association Task Force on Global Warming reviewed New York’s existing laws and programs, including existing and pending federal laws regarding climate change.  The Task Force is chaired by Professor Michael Gerrard, Director of the Center for Climate Change Law at Columbia University School of Law.  (See report Jan. 2009.)  The proposals are organized into four categories: buildings and energy, land use, transportation and other.  The following was edited from the Executive Summary excerpted in the Law of the Land blog.

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