Download Bachman - Climate Change Regulation Paper

REGULATORY RESPONSES TO CLIMATE CHANGE
Katharine E. Bachman, Esq.1
Wilmer Hale LLP
I.
Introduction
In 2005, Hurricane Katrina devastated New Orleans, leaving 1,833 dead and causing $108
billion in property damage. Katrina was the costliest storm in U.S. history, and 2012 brought a
close second: Superstorm Sandy caused $65 billion in damage as it tore through 24 states,
leaving 160 dead and 6 million without power, and sending a 13-foot storm surge through
Battery Park in Lower Manhattan.
While no single weather event can be attributed to climate change, these and other disasters
have awakened state and local officials across the country to the urgent need to address the
growing threat posed by our changing climate. This article will address the regulatory responses
that governments have embraced to tackle climate change, including efforts to mitigate climate
change by reducing greenhouse gas emissions, and to adapt to potentially unavoidable
consequences of climate change by building our cities to be more resilient to future disasters.
a. Climate Change: The Evidence and the Impacts
According to the most recent report from the Intergovernmental Panel on Climate Change
(IPCC), a group of 1,300 independent scientific experts gathered under the auspices of the
United Nations, “[w]arming of the climate is unequivocal” and unprecedented changes are
already occurring.2 Climate change is expected to cause a variety of potentially devastating
effects worldwide, from more severe storms, to worsening droughts, to deadlier and more
frequent heat waves.
The dangers facing the United States vary greatly by region. The Southwest faces worsening
droughts and heightened risk of wildfire.3 The greatest danger to states in the Northeast and
Southeast is flooding as a result of sea level rise and increasingly severe storms, as well as more
frequent and severe heat waves.4 These dangers are far from speculative. We are already
beginning to experience many of the early effects of climate change, such as torrential rains and
flooding in the Northeast, severe drought in the southwest, and unusually high temperature
across the country. For example, the number of heat waves nationwide in 2011 and 2012 was
1
Assisted by Alison McKinney and Samantha Rothberg of Wilmer Hale LLP
Intergovernmental Panel on Climate Change (IPCC), Summary for Policymakers. In: Climate Change 2013:
The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the
Intergovernmental Panel on Climate Change (2013), available at
http://www.climatechange2013.org/images/report/WG1AR5_SPM_FINAL.pdf.
3
U.S. Environmental Protection Agency, Climate Impacts in the Southwest, EPA.GOV,
http://www.epa.gov/climatechange/impacts-adaptation/southwest.html (last updated Sept. 9, 2013).
4
U.S. Environmental Protection Agency, Climate Impacts in the Northeast, EPA.GOV,
http://www.epa.gov/climatechange/impacts-adaptation/northeast.html (last updated Sept. 9, 2013); U.S.
Environmental Protection Agency, Climate Impacts in the Southeast, EPA.GOV,
http://www.epa.gov/climatechange/impacts-adaptation/southeast.html (last updated Sept. 9, 2013).
2
1
nearly triple the long-term average,5 and the percentage of annual precipitation falling in heavy
downpour events has increased by 71% in the Northeast and 37% in the Midwest.6 According to
the United States’ 2014 National Climate Assessment, “[c]limate change, once considered an
issue for a distant future, has moved firmly into the present.”7
The primary driver of climate change is the increased concentration of greenhouse gases in
the atmosphere as a result of human activity.8 Greenhouse gases prevent the heat that radiates
from the Earth from escaping into space, keeping these gases trapped in the atmosphere where
they contribute to a global warming effect.9 According to the IPCC, atmospheric concentrations
of carbon dioxide, methane and nitrous oxide, the most common greenhouse gases, have
“increased to levels unprecedented in the last 800,000 years,” primarily as a result of human
activity.10 Fossil fuel combustion and other industrial activities have raised atmospheric levels of
carbon dioxide from 280 parts per million (ppm) to 391 ppm in the past 150 years.11
In the United States, a significant percentage of the greenhouse gas emissions that contribute
to climate change are directly or indirectly produced by the building sector.
b. Buildings and Climate Change
Residential and commercial buildings are responsible for approximately 33% of total U.S.
greenhouse gas emissions.12 However, they are only directly responsible for the 10% of
emissions that result from fossil fuel combustion for heating and cooking needs, organic waste
sent to landfills, wastewater treatment plants, and the release of fluorinated gases used in
refrigerators and air conditioners.13 The remainder represents electricity-sector emissions
resulting from electricity consumption in residential and commercial buildings.14 As the numbers
illustrate, “[e]missions from commercial and residential buildings … increase substantially when
emissions from electricity are included, due to their relatively large share of electricity
consumption.”15
According to the EPA, the building sector consumes 41% of the energy used in the United
States. Furthermore, total primary energy consumption is expected to increase by 17% over 2009
5
Jerry M. Melillo, Terese (T.C.) Richmond, and Gary W. Yohe eds., Highlights of Climate Change Impacts in
the United States: The Third National Climate Assessment 24, U.S. GLOBAL CHANGE RESEARCH PROGRAM (2014),
available at http://nca2014.globalchange.gov/downloads.
6
Jerry M. Melillo, Terese (T.C.) Richmond, and Gary W. Yohe eds., Climate Change Impacts in the United
States: The Third National Climate Assessment 37, U.S. GLOBAL CHANGE RESEARCH PROGRAM (2014), available
at http://nca2014.globalchange.gov/downloads.
7
Justin Gillis, U.S. Climate Has Already Changed, Study Finds, Citing Heat and Floods, N.Y. TIMES (May 6,
2014), http://www.nytimes.com/2014/05/07/science/earth/climate-change-report.html.
8
See, e.g., NASA, Global Climate Change: Causes – A Blanket Around the Earth, NASA.GOV,
http://climate.nasa.gov/causes (last visited June 15, 2014).
9
Id.
10
IPCC, Summary for Policymakers, supra note 2 at 11-12.
11
Id.
12
U.S. Environmental Protection Agency, Sources of Greenhouse Gas Emissions: Electricity Sector Emissions,
EPA.GOV, http://epa.gov/climatechange/ghgemissions/sources/electricity.htmlhtml (last updated Apr. 17, 2014).
13
U.S. Environmental Protection Agency, Sources of Greenhouse Gas Emissions: Commercial and Residential
Sector Emissions, EPA.GOV, http://epa.gov/climatechange/ghgemissions/sources/commercialresidential.html (last
updated Apr. 17, 2014).
14
Sources of Greenhouse Gas Emissions: Electricity Sector Emissions, supra note 12.
15
Id.
levels by 2025, fueled primarily by concomitant growth in population, households, and
commercial floor space.16 Buildings also accounted for 72% of total U.S. electricity consumption
in 2006, and this number is projected to rise to 75% by 2025.17 The U.S. Green Buildings
Council estimates that if half of all new commercial buildings were built to be 50% more energy
efficient, the United States would emit six million fewer metric tons of carbon dioxide annually –
the equivalent of keeping one million cars off the road each year.18
c. Government Responses to Climate Change
The most significant federal action to address climate change has come from the executive
branch. In June 2014, President Barack Obama announced a proposed regulation that by 2030
will cut carbon pollution from power plants by 30 percent from 2005 levels,19 and in 2012, the
Obama administration finalized ambitious clean cars standards that will cut greenhouse gas
emissions from cars and light trucks in half by 2025.20 However, despite the serious threats
posed by climate change, the federal government’s overall response has been lackluster at best.
Congress has repeatedly failed to pass comprehensive climate change legislation.21 In fact,
California youth groups recently filed suit against the U.S. government under the public trust
doctrine for failing to address the climate change crisis, although the case was subsequently
dismissed.22
In the absence of a comprehensive federal climate change policy, states and cities have taken
the lead, adopting a two-pronged approach: mitigation and adaptation. Mitigation measures focus
on reducing carbon emissions to help prevent the worst effects of climate change. Adaptation
measures, on the other hand, aim to make communities more resilient to those impacts of climate
change that are likely inevitable. This article will focus on mitigation and adaptation measures
that relate primarily to buildings and land use, although vehicles, power plants and heavy
industry are also common targets of regulation.
II.
Climate Change Mitigation: Tools to Reduce Carbon Emissions
Residential, public and commercial buildings pose an attractive target to state and local
governments trying to reduce energy consumption and slash greenhouse gas emissions. Most
16
U.S. DEPARTMENT OF ENERGY, 2011 BUILDINGS ENERGY DATABOOK 22 (2011), available at
http://btscoredatabook.eren.doe.gov/default.aspx (last visited June 15, 2014).
17
FAQ: How Do Buildings Affect Natural Resources: Buildings and Their Impact on the Environment: A
Statistical Summary, EPA.GOV (Apr. 22, 2009), http://www.epa.gov/greenbuilding/pubs/gbstats.pdf .
18
The Dollars and Sense of Green Retrofits, DELOITTE & TOUCHE LLP (2008),
http://www.deloitte.com/assets/DcomUnitedStates/Local%20Assets/Documents/us_re_Dollars_Sense_Retrofits_190608_.pdf
19
Coral Davenport and Peter Baker, Taking Page from Health Care Act, Obama Climate Plan Relies on States,
N.Y. TIMES (June 2, 2014), http://www.nytimes.com/2014/06/03/us/politics/obama-epa-rule-coal-carbon-pollutionpower-plants.html.
20
Obama Administration Finalizes Historic 54.5 MPG Fuel Efficiency Standards, WHITEHOUSE.GOV (Aug. 28,
2012), http://www.whitehouse.gov/the-press-office/2012/08/28/obama-administration-finalizes-historic-545-mpgfuel-efficiency-standard
21
Coral Davenport, Political Rifts Slow U.S. Efforts on Climate Laws, N.Y. TIMES (Apr. 14, 2014),
http://www.nytimes.com/2014/04/15/us/politics/political-rifts-slow-us-effort-on-climate-laws.html
22
Alec L. v. McCarthy, No. 13-5192, slip op. at 1 (D.C. Cir. June 5, 2014); see also Simon Davis-Cohen, Youth
Are Taking the Government to Court Over its Failure to Address Climate Change, THE NATION (Apr. 25, 2014),
http://www.thenation.com/blog/179533/can-ancient-doctrine-force-government-act-climate-change#.
governments focus on two primary policy tools: energy efficiency measures and clean energy
measures. Energy efficiency measures encourage and, in some cases, require property owners to
take steps to reduce the amount of energy consumed by their building. Clean energy measures
generally involve programs to encourage property owners to install clean energy facilities, such
as solar panels or wind turbines.
While states and cities have adopted a diverse array of policy mechanisms to further their
energy efficiency and clean energy goals, several of those mechanisms have become increasingly
common: green building codes, energy use disclosure programs, expedited permitting and
preferential zoning, heightened efficiency standards for public buildings, energy efficiency and
clean energy incentive programs, and community certification programs.
a. Green Building Energy Codes
Building energy codes increase the energy efficiency of buildings by setting minimum
requirements for building components such as insulation, water use, heating and cooling
systems, lighting, windows, and ventilation systems.23 Code requirements vary by region to
account for climate differences and may, for example, require more insulation in very hot or cold
areas to reduce energy consumption from heating and cooling systems.24 In 2009, the federal
government moved to encourage states to adopt the most recent recommended building energy
codes by making energy code adoption a condition for receipt of State Energy Program (SEP)
funding under the American Recovery and Reinvestment Act.25 (Energy codes are generally
adopted as a component of an existing state building code, although they may be adopted as a
separate code.)26 Perhaps as a result of that condition to funding, 44 states currently have a
commercial building energy code and 43 states have a residential building energy code.27 Of
those states, 11 have adopted the most recent commercial code and nine have adopted the most
recent residential code.28
Most state and local building codes are keyed to the requirements of model building codes
created by private standard-setting bodies. The two most commonly used codes are the
International Energy Conservation Code (IECC) for residential buildings, and the American
Society of Heating, Refrigerating, and Air Conditioning Engineers’ ASHRAE 90.1 code for
commercial buildings. The IECC is promulgated by the International Code Council (ICC), a nonprofit organization that promotes building safety and performance standards.29 Both codes are
developed through a consensus-driven process in which industry experts, government officials,
environmental advocacy groups, architects, engineers and academics are able to participate
23
Advanced Energy Building Codes, AMERICAN COUNCIL FOR AN ENERGY EFFICIENT ECONOMY 1 (July 27,
2010), http://www.aceee.org/policy-brief/advanced-building-energy-codes.
24
Martha VanGeem, Energy Codes and Standards, WHOLE BUILDING DESIGN GUIDE (2014),
http://www.wbdg.org/resources/energycodes.php (last updated Mar. 24, 2014).
25
Weatherization and Intergovernmental Program, U.S. DEPT. OF ENERGY 1 (June 2010),
http://www1.eere.energy.gov/library/pdfs/48101_weather_arra_fsr2.pdf.
26
Building Energy Codes Program: Adoption Process, U.S. DEPT. OF ENERGY,
https://www.energycodes.gov/adoption/process (last visited June 30, 2014).
27
Status of Commercial Energy Code Adoption, U.S. DEPT. OF ENERGY,
http://www.energycodes.gov/adoption/states (last visited June 17, 2014).
28
Id.
29
About ICC: International Code Council, INTERNATIONAL CODE COUNCIL,
http://www.iccsafe.org/AboutICC/Pages/default.ASPX (last visited June 16, 2014).
through notice and comment procedures.30 These codes are particularly useful to state and local
governments that lack the resources or expertise to develop their own building codes.
Some governments will also incorporate the requirements of the U.S. Green Building
Council’s Leadership in Energy and Environmental Design (LEED) certification program, which
imposes more stringent environmental standards than the IECC or ASHRAE codes. LEED
imposes certain minimum green building requirements, such as minimum energy performance,
energy and water metering, and floodplain avoidance.31 The program also awards credits for
including optional environmentally friendly features, such as installing green roofs to reduce the
heat island effect.32 LEED offers different levels of certification depending on the total number
of credits a project earns, ranging from Certified (40-49 points), to silver (50-59 points), to gold
(60-79 points), and finally to platinum (80+ points).33 Many green building codes require new
buildings to be LEED certifiable and meet the criteria for LEED certification, but do not actually
mandate that the buildings achieve LEED certification given the costs and uncertainties
associated with the private accreditation process.34
Below is a non-exhaustive list of states and cities that have adopted green building codes:

California: California’s “CALGreen” Green Building Standards Code was the first
statewide green building code to be adopted in the United States. The code is updated
every three years. The newly adopted 2013 building code, which applies to new
construction of, and additions and alterations to, residential and nonresidential buildings,
[went] into effect on July 1, 2014. CALGreen is only applicable to cities and counties if
they choose to adopt its provisions, but is mandatory for all government-owned buildings
and some government-regulated buildings, certain types of low-rise residential buildings,
public schools and community colleges, qualified historic buildings, hospitals, and health
care facilities, and regulated graywater systems. Some of CALGreen’s mandatory
provisions include 20% reduction of indoor water use, compliance with energy efficiency
standards set out by the California Energy Commission, and a requirement that new
homes be “solar-ready.”35

Massachusetts: Massachusetts’ Green Communities Act requires the adoption of each
new IECC edition within a year of its publication.36 Accordingly, in 2013 the state
adopted the most recent IECC and ASHRAE codes (specifically, the 2012 IECC and
ASHRAE 90.1-2010). However, Massachusetts has gone further by creating an optional
“Stretch Code” for municipalities seeking to impose more stringent energy efficiency
30
Building Energy Codes 101: An Introduction 5, U.S. DEPT. OF ENERGY (Feb. 2010),
www.ashrae.org/File%20Library/docLib/Public/20100301_std901_codes_101.pdf
31
U.S. Green Building Council, LEED Credit Library, USGBC.ORG, http://www.usgbc.org/credits/mid-rise/v4
(last visited June 12, 2014).
32
U.S. Green Building Council, Heat island reduction, USGBC.ORG,
http://www.usgbc.org/node/2612275?return=/credits/mid-rise/v4 (last visited June 12, 2014).
33
U.S. Green Building Council, LEED, USGBC.ORG, http://www.usgbc.org/leed (last visited June 12, 2014).
34
Allyson Wendt, Cities Mandate LEED But Not Certification, GREENSOURCE ( July 30, 2008),
http://greensource.construction.com/news/080730citiesmandateleed.asp
35
CALGreen Building Codes Mandatory Provisions Overview, U.S. Green Building Council, CALGreen
Building Codes Mandatory Provisions Overview (last visited June 10, 2014).
36
Building Energy Codes Program: Massachusetts, ENERGY.GOV,
https://www.energycodes.gov/adoption/states/massachusetts (last updated Jan. 16, 2014).
requirements. The Stretch Code applies to both residential and commercial buildings, and
is designed to be about 30% more energy efficient than the 2006 IECC/ASHRAE 90.12004.37

New York: The Energy Conservation Construction Code of New York State (ECCCNYS
2010) establishes minimum requirements for building energy efficiency.38

San Francisco, CA: The San Francisco Green Building Ordinance combines the 2010
CALGreen Building Code with stricter local requirements.39

Boulder, CO: The Boulder Green Points Building Program is a mandatory green
building program that requires a builder or homeowner to include a variety of sustainable
building components based on the size of the proposed structure. The program covers
single-family homes, multi-family residential units, and commercial buildings.40

New York, NY: New York City’s Energy Conservation Code imposes a variety of green
building and energy efficiency requirements on new construction, building additions, and
substantial reconstructions of existing buildings. The regulations require all new
municipal construction or major reconstruction projects to meet LEED Silver certification
standards. The Code also requires all existing buildings exceeding 50,000 square feet,
whether publicly or privately owned, to upgrade their lighting systems by Jan. 1, 2025,
unless their systems are in compliance with the 2010 energy code or another exemption
applies.41

Dallas, TX: Dallas established its Green Building Program in 2008 and passed a citywide Green Construction Code in 2012. The law, which was implemented in two phases,
was fully effective by Oct. 1, 2013. The Green Construction Code offers several
alternative paths to compliance: all new residential construction must either meet the
minimum requirements of the Code, or be certifiable by the standards of LEED or Green
Built Texas, a region-specific green building protocol developed for North Texas home
builders.42 All new commercial construction must be compliant with the Dallas Green
37
Id.
New York Department of State, Office of Planning & Development, 2010 Energy Conservation Construction
Code of New York State http://www.dos.ny.gov/dcea/energycode_code.html
39
Green Building Ordinance, CITY AND COUNTY OF SAN FRANCISCO DEPT. OF BUILDING INSPECTION,
http://sfdbi.org/green-building-ordinance (last visited June 17, 2014).
40
City of Boulder: Green Points Building Program, U.S. DEPT. OF ENERGY, http://energy.gov/savings/cityboulder-green-points-building-program (last visited June 17, 2014).
41
Database of State Incentives for Renewables and Energy: New York City: Energy Conservation Requirements
for Existing Buildings, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=NY16R&re=0&ee=0 (last visited June 23,
2014).
42
Database of State Incentives for Renewables and Energy: City of Dallas: Green Building Ordinance, U.S.
DEPT. OF ENERGY, http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=TX31R&re=0&ee=0 (last
visited June 23, 2014); Dallas Builders Association, Green Built Texas: Program Resources, DALLASBUILDERS.COM
http://www.dallasbuilders.com/divisions-and-councils/gbt/ (last visited June 30, 2014).
38
Construction Code, be LEED-certifiable, and must apply for certification under LEED or
an equivalent green building program.43
b. Energy Use Disclosure Programs
Disclosure initiatives go by many names: benchmarking, reporting, and greenhouse gas
inventory, to name a few. They share the common purpose of ensuring that decision-makers,
property owners and tenants have access to information regarding the total energy consumption
of a building, as a first step in creating a workable plan to reduce that consumption. The
reporting requirement may also encourage property owners to invest in energy efficiency
measures, which result in reduced operating costs. Energy-efficient operations also provide a
marketing advantage for landlords, as well as the more intangible benefit of identification with
socially responsible sustainability initiatives.

California: California’s Nonresidential Building Energy Use Disclosure Program
imposes energy use disclosure requirements on the owners of nonresidential buildings in
excess of 5,000 square feet. The disclosure duty is triggered upon the purchase, lease,
financing or refinancing of the entire building. Property owners must benchmark energy
use data for the building using the EPA’s Energy Star Portfolio Manager system. The
information must then be released to the prospective purchaser, lessee or lender before
the transaction is finalized.44

Massachusetts: Massachusetts’ Green Communities Act requires any municipality
seeking a “Green Communities” designation to establish an energy use baseline inventory
for municipal buildings, vehicles, street and traffic lighting, and public utilities.45 The
Massachusetts Department of Energy Resources (DOER) lists several tools that may be
used to perform the inventory, including DOER’s MassEnergyInsight tool, the EPA’s
Energy Star Portfolio Manager, ICLEI software, or “other tools proposed by the
municipality and deemed acceptable by DOER.”46

New Jersey: New Jersey’s Clean Energy Program (NJCEP) provides free energy
benchmarking services to commercial and industrial property owners. The benchmarking
43
Department of Energy, City of Dallas – Green Building Ordinance (Texas), ENERGY.GOV,
http://energy.gov/savings/city-dallas-green-buildling-ordinance-texas (last visited June 14, 2014).
44
The law specifies the timing of the disclosure: the report must be disclosed to a prospective buyer or tenant at
least 24 hours before execution of the sales contract or lease, and to a prospective lender no later than the owner’s
submission of the loan application. Kevin Angstenberger, Jennifer Bojorquez and Michael J. Whitton, California’s
Energy Use Disclosure Requirements for Certain Non-Residential Buildings Begins January 1, 2014, TROUTMAN
SANDERS (Jan. 24, 2014), http://www.troutmansanders.com/californias-energy-use-disclosure-requirements-forcertain-non-residential-buildings-began-january-1-2014-01-24-2014/.
45
Green Communities Designation and Grant Program: Criterion 3, MASS. EXEC. OFFICE OF ENERGY &
ENVIRONMENTAL AFFAIRS, http://www.mass.gov/eea/energy-utilities-clean-tech/green-communities/gc-grantprogram/criterion-3.html (last visited June 12, 2014).
46
Energy Reduction Plan (ERP) Guidance and Outline, MASS. DEPT. ENERGY RESOURCES (July 16, 2013),
available for download at http://www.mass.gov/eea/energy-utilities-clean-tech/green-communities/gc-grantprogram/criterion-3.html.
reports assess a building’s actual energy use relative to similar buildings, and recommend
efficiency measures to improve energy performance.47

Boston, MA: Boston’s Building Energy Reporting and Disclosure Ordinance requires
that owners of large and medium-sized buildings report their annual energy and water use
to the city. The information is then made publicly available. Furthermore, every five
years building owners are required to complete an energy assessment. The energy
reporting requirement is “intended to provide information and encourage building owners
and tenants to increase energy efficiency, reduce energy costs, and utilize incentives.”48
The ordinance includes a compliance phase-in, requiring different classes of buildings to
begin reporting in different years.49 Owners of municipal buildings must start reporting in
2013, non-residential buildings greater than 50,000 square feet in 2014, residential
buildings greater than 50,000 square feet or 50 units in 2015, and so on.50

New York, NY: New York City’s Greener, Greater Buildings Plan requires mandatory
benchmarking for large commercial buildings, using the EPA’s free online Portfolio
Manager benchmarking tool. The objective is to give building owners and potential
buyers a better understanding of a building’s energy and water consumption, eventually
shifting the market towards increasingly efficient, high-performing buildings.51
c. Expedited Permitting and Preferential Zoning
Some states and cities encourage green building by expediting the permit process for energyefficient new construction, energy efficiency retrofits, or projects with a clean energy
component. Some will also offer preferential zoning treatment for green building projects,
although it is unclear how well these schemes function in practice.

Massachusetts: The Green Communities Act requires any municipality seeking a “Green
Community” designation to enact “as-of-right” zoning for renewable energy generation,
manufacturing, or research and development facilities, and to provide for expedited
application and permitting processes for those facilities.52

San Diego, CA: The Sustainable Building Expedite Program provides expedited permit
processing for all eligible sustainable building projects. A more aggressive processing
timeline is achieved by providing mandatory initial review meetings to facilitate early
47
Energy Benchmarking, NEW JERSEY’S CLEAN ENERGY PROGRAM,
http://www.njcleanenergy.com/commercial-industrial/programs/benchmarking/energy-benchmarking-home (last
visited June 12, 2014).
48
Building Energy Reporting and Disclosure Ordinance, CITYOFBOSTON.GOV,
http://www.cityofboston.gov/eeos/reporting/ (last visited June 17, 2014).
49
Reporting: Background and Public Process, CITYOFBOSTON.GOV,
http://www.cityofboston.gov/eeos/reporting/process.asp (last visited June 23, 2014).
50
Id.
51
PlaNYC: Green Buildings & Energy Efficiency: LL84 Benchmarking, CITY OF N.Y.,
http://www.nyc.gov/html/gbee/html/plan/ll84.shtml (last visited June 17, 2014).
52
Database of State Incentives for Renewables and Energy: Massachusetts: Green Communities Grant
Program, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=MA101F&re=0&ee=0/ (last updated Apr. 26,
2013).
staff feedback of project proposals, significantly reducing project review timelines, and
scheduling a public hearing immediately upon completion of the environmental
materials.53

Bloomington, IN: Bloomington’s Unified Development Ordinance offers developers
certain bonuses and allowances for including features that help meet particular
sustainability goals related to energy efficiency, landscape and site design, and public
transportation. Incentives are based on a three-tiered system, with “bonuses” granted in
accordance with the number of sustainable practices included in the projects. For
example, a developer that incorporates at least two energy-efficient features could have
its building setback requirements decreased by six feet if the project is located in a
residential district.54

Dallas, TX: The Dallas Green Building Program establishes expedited permitting for
green buildings. All applicants must provide a checklist showing the project is eligible for
LEED Silver or higher (or another approved green building standard).55
d. Heightened Efficiency Standards for Public Buildings
Some state and local governments “lead by example” by imposing more stringent
environmental requirements on government-owned buildings, and, in some cases, on buildings
which are leased by governmental agencies, or as to which governmental funding is provided.

Massachusetts: In April 2007, Gov. Deval Patrick signed Executive Order 484, titled
“Leading by Example: Clean Energy and Efficient Buildings.” The order established
53
Sustainable Building Expedite Program, SAN DIEGO DEVELOPMENTAL SERVICES DEPT.,
http://www.sandiego.gov/development-services/pdf/news/cp600-27.pdf (last visited June 17, 2014).
54
Sustainable Development Incentives, City of Bloomington,
http://bloomington.in.gov/documents/viewDocument.php?document_id=2194 (last visited June 17, 2014).
55
Database of State Incentives for Renewables and Energy: Texas: Dallas: Green Building Expedited Plan
Review, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=TX130F&re=0&ee=0/ (last visited June 17,
2014).
numerous energy targets and mandates for state government buildings under control of
the executive office, including:56
o Reducing overall energy consumption by FY 2020 at state-owned and state-leased
buildings by 35% from the FY 2004 baseline
o Reducing state government greenhouse gas emissions by 40% by 2020 and by
80% by 2050
o Requiring all new construction and significant renovation projects over 20,000
square feet to meet the Massachusetts LEED Plus green building standard

Minnesota: In April 2011, Gov. Mark Dayton signed a series of Executive Orders
creating a comprehensive energy savings plan for state facilities, with a goal of reducing
energy use in state facilities by 20%. Each agency is required to benchmark its energy
consumption and develop energy reduction goals through energy efficiency
improvements and on-site renewable energy installations.57 The state also required the
Departments of Administration and Commerce to develop Sustainable Building Design
Guidelines for new state buildings. The guidelines are mandatory for new buildings
receiving funding from state bond proceeds after Jan. 1, 2004, and for major renovations
receiving funding from state bond proceeds after Jan. 1, 2009.58

New York, NY: New York City’s Energy Conservation Code requires all new municipal
construction or major reconstruction projects with an estimated capital cost of more than
$2 million to meet LEED Silver certification standards.59
e. Energy Efficiency and Clean Energy Incentive Programs
States and cities offer a panoply of different financial incentives to encourage property
owners to invest in improved energy efficiency or clean energy systems, and to help them off-set
the often considerable upfront costs of doing so. These incentives can take the form of loan
programs, grants and direct subsidies, financial rebates, tax exemptions and credits, and more.
One type of program deserves a special mention. Property Assessed Clean Energy (“PACE”)
programs allow states and cities to provide upfront funding to property owners to make energy
efficiency improvements or install clean energy capacity. The property owner then repays the
56
Database of State Incentives for Renewables and Energy: Massachusetts: Energy Reduction Plan for State
Buildings, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=MA13R&re=0&ee=0/ (last visited June 17,
2014).
57
Database of State Incentives for Renewables and Energy: Minnesota: Comprehensive Energy Savings Plan
for State Buildings, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=MN04R&re=0&ee=0 (last visited June 17,
2014).
58
Minn. Stat. § 16B.325.
59
Database of State Incentives for Renewables and Energy: New York City: Energy Conservation Requirements
for Existing Buildings, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=NY16R&re=0&ee=0 (last visited June 17,
2014).
loan over time as part of the property owner’s annual property tax assessment.60 These programs
have proven popular, and 25 states have both residential and nonresidential PACE programs.61
However, they have faced some legal hurdles from federal regulators. In 2010, the Federal
Housing Finance Agency (FHFA) ordered Fannie Mae and Freddie Mac not to purchase the
mortgages of homes encumbered by PACE loans, out of a concern that PACE liens have priority
over mortgage liens. As a result, many states and cities put their residential PACE programs on
hold, or revised the programs to avoid threatening mortgage liens.62 For example, California
created a loss reserve fund to reimburse first mortgage lenders for any losses in a foreclosure
attributable to a PACE loan,63 and Maine’s PACE-enabling legislation specifies that PACE loans
are subordinate to mortgage liens.64

Loan Programs
o Hawaii: The GreenSun Hawaii Program is a loan-loss reserve fund through
which participating lenders are able to offer more favorable terms and interest
rates to property owners for the installation of renewable energy and energyefficient technologies and upgrades.65
o Illinois: Illinois business owners, non-profit organizations, and local governments
seeking loans for energy efficiency and renewable energy upgrades may apply for
a rate reduction under the Green Energy Loan program through the Illinois State
Treasurer’s Office, in partnership with eligible banks in the state.
o Minnesota: The Minnesota Housing Finance Agency offers an Energy Fix-Up
Loan, which provides low-interest financing for energy-efficient improvements to
residential properties, such as improvements to the HVAC systems, water heaters,
light fixtures, insulation and windows.66
o Tallahassee, Florida: The city of Tallahassee offers 5% interest financing for
more than 25 energy efficiency measures for residential customers. Loan
60
What is PACE?, PACENOW, http://pacenow.org/about-pace/what-is-pace/ (last visited June 17, 2014).
Center for Climate and Energy Solutions, Property-Assessed Clean Energy (PACE), C2ES.ORG,
http://www.c2es.org/us-states-regions/policy-maps/property-assessed-clean-energy (last visited June 17, 2014).
62
Erika J. Sonstroem, Despite FHFA prohibitions, PACE loan programs continue to expand, LEXOLOGY (Jan.
28, 2014), http://www.lexology.com/library/detail.aspx?g=ed22b89a-2fa6-4d08-8e88-2a1e0ffc7fad
63
Property Assessed Clean Energy (PACE) Loss Reserve Program, CA. STATE TREASURER,
http://www.treasurer.ca.gov/CAEATFA/pace/index.asp (last visited June 30, 2014).
64
Sonstroem, supra note 62.
65
Database of State Incentives for Renewables and Energy: Hawaii: GreenSun Hawaii, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=HI32F&re=0&ee=0 (last visited June 17, 2014).
66
Energy Fix-Up Loan, NEIGHBORHOOD ENERGY CONNECTION, http://thenec.org/financing/Energy-FUF (last
visited June 17, 2014).
61
repayments are made on monthly electricity or natural gas utility bills, and notes
are secured with a property lien.67

Grants and Subsidies
o Illinois: The Department of Commerce and Economic Opportunity provides
Efficient Living Construction Grants to Illinois-based non-profit and for-profit
housing developers to include energy-efficient building practices in the rehab or
new construction of affordable housing units. The grant helps offset the
incremental cost of transitioning from traditional construction to energy-efficient
construction.68
o New Jersey: The Direct Install program directly covers up to 70% of the costs of
installing energy efficient systems in eligible small to mid-sized commercial and
industrial buildings.69 The SmartStart Buildings program provides financial
incentives for the installation of energy efficient systems and appliances in new
construction projects, renovations, and equipment upgrades. Enhanced incentives
are available for post-Sandy rebuilding projects.70

Rebates and Financial Incentives
o Maine: The Multifamily Efficiency Program offers building owners incentives to
install energy efficiency measures in Maine’s small to medium multifamily
buildings with between 5 and 20 apartment units. The program provides up to
$1,000 per unit per program year for the installation of prescribed energy saving
upgrades, or up to $1,800 per unit per program year based upon the results of an
energy assessment and anticipated energy savings.71
o New York: The New York State Energy Research and Development Authority
(NYSERDA) offers two different energy efficiency incentive programs, which are
funded by a systems benefit charge applied to all customer utility bills. The
Existing Facilities Program provides incentives to offset the costs of
implementing energy efficiency retrofits in existing commercial facilities across
the state.72 The New Construction Program provides technical assistance to help
Energy-Efficiency Loans – Residential Customers, CITY OF TALLAHASSEE, http://www.talgov.com/you/youproducts-home-loans.aspx (last visited June 17, 2014).
68
Database of State Incentives for Renewables and Energy: Illinois: Efficient Living Construction Grant, U.S.
DEPT. OF ENERGY, http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=IL14F (last visited June 17,
2014).
69
Direct Install, NEW JERSEY CLEAN ENERGY PROGRAM, http://www.njcleanenergy.com/commercialindustrial/programs/direct-install (last visited June 17, 2014).
70
NJ SmartStart Buildings, NEW JERSEY CLEAN ENERGY PROGRAM,
http://www.njcleanenergy.com/commercial-industrial/programs/nj-smartstart-buildings/nj-smartstart-buildings (last
visited June 17, 2014).
71
Multifamily Efficiency Program, EFFICIENCY MAINE, http://www.efficiencymaine.com/at-work/multifamilyprogram/multifamily-efficiency-program/ (last visited June 17, 2014).
72
Existing Facilities Program Frequently Asked Questions, N.Y. STATE ENERGY RESEARCH & DEVELOPMENT
AUTHORITY, http://www.nyserda.ny.gov/Energy-Efficiency-and-Renewable-Programs/Commercial-andIndustrial/CI-Programs/Existing-Facilities-Program/EFP-FAQs.aspx (last visited June 17, 2014).
67
property owners evaluate energy-efficiency measures and incorporate new
energy-efficient technologies, and provides funding to offset the additional costs
associated with the purchase and installation of approved equipment.73
o Oregon: The Energy Trust of Oregon, an independent non-profit organization,
receives funding from a 3% public-purpose charge that electric utilities collect
from their customers to support renewable energy and energy efficiency.74 The
Energy Trust offers financial incentives for improvements to new residential and
commercial buildings, retrofits for existing buildings, energy-efficient appliances,
and manufacturing processes. The Energy Trust offers cash incentives for owners
of multifamily properties to upgrade windows, appliances, heating and cooling
systems, and more. The Trust also offers incentives for commercial, agricultural
and institutional customers of the state utilities to increase the energy efficiency of
their existing buildings.

Tax Exemptions and Credits
o Florida: Florida provides a property tax exemption for residential photovoltaic
systems, wind energy systems, solar water heaters, and geothermal heat pumps
installed on or after Jan. 1, 2013. Any increase in the value of the residence
attributable to the installation of this equipment is ignored for the purpose of
assessing property taxes.75
o Kentucky: Taxpayers that install certain energy efficiency measures on
commercial property are entitled to a 30% state income tax credit allowable
against individual, corporate or limited liability company income taxes. The total
tax credit may not exceed $1,000 for any combination of HVAC, hot water, and
lighting systems. Kentucky also allows 30% personal tax credit for energy
efficiency improvements made to the taxpayer’s principal residence.76
o New Mexico: The Sustainable Building Tax Credit is an income tax credit created
to encourage private sector construction of energy-efficient buildings for
commercial and residential use. The tax credit is based on third-party validation
of the building’s level of sustainability: LEED certification is required for
commercial projects, and residential projects must be certified by LEED or by
Build Green New Mexico, a non-profit statewide green building certification
73
New Construction Program, N.Y. STATE ENERGY RESEARCH & DEVELOPMENT AUTHORITY,
http://www.nyserda.ny.gov/Energy-Efficiency-and-Renewable-Programs/Commercial-and-Industrial/CIPrograms/New-Construction-Program.aspx (last visited June 17, 2014).
74
Database of State Incentives for Renewables and Energy: Oregon: Energy Trust of Oregon, U.S. DEPT. OF
ENERGY, http://www.dsireusa.org/incentives/incentive.cfm?Incentive_Code=OR05R (last visited June 17, 2014).
75
Florida Residential Solar Market Gets a Little Sunnier, CLEANENERGY.ORG (May 15, 2013),
http://blog.cleanenergy.org/2013/05/15/florida-residential-solar-market-gets-a-little-sunnier
76
Database of State Incentives for Renewables and Energy: Kentucky, U.S. DEPT. OF ENERGY,
http://www.dsireusa.org (last visited June 17, 2014).
program.77 The amount of the tax credit is based on the occupied square footage
of the building and the sustainable building rating achieved.78
o Texas: On Memorial Day weekend, Texas offers shoppers a sales tax holiday on
purchases of certain ENERGY STAR products. Products qualifying for the
exemption include air conditioners priced at $6,000 or less, refrigerators priced at
$2,000 or less, ceiling fans, incandescent and fluorescent light bulbs, clothes
washers, dishwashers, dehumidifiers and programmable thermostats.79
o Honolulu, HI: Honolulu provides a property tax exemption for the value of all
alternative energy improvements. An “alternative energy improvement” means
any construction or addition, alteration, modification, improvement or repair work
undertaken upon or made to any building, property or land which results in (a) the
production of energy from an alternative energy source (e.g. solid waste, wind,
solar energy, or ocean waves), or uses a process which does not use fossil fuels,
nuclear fuels or geothermal source,80 or (b) an increased level of energy
efficiency.81
f. Community Certification Programs
Several states have created programs that offer financial and other forms of programmatic
support for municipalities that meet certain environmental requirements.

Massachusetts: Massachusetts’ 2008 Green Communities Act created the Green
Communities Division within the Department of Energy Resources. The Division offers
financial incentives as well as educational, technical, and networking support for
communities. The Green Communities Grant Program offers funding for communities
investing in energy efficiency upgrades and policies, renewable energy technologies,
energy management systems and services, and demand side reduction programs. To be
eligible for these benefits, communities must first apply for and achieve official
designation as a “Green Community,” which requires them to take several basic steps:82
o Enact zoning ordinances to allow “as-of-right” siting for renewable energy
generation, manufacturing, or research and development facilities, which means
77
Build Green New Mexico, About BGNM, BUILDGREENNM.COM
http://buildgreennm.com/index.php?page=about-bgnm (last visited June 30, 2014).
78
Sustainable Building Tax Credit, NEW MEXICO ENERGY, MINERALS AND NATURAL RESOURCES DEPT.,
http://www.emnrd.state.nm.us/ECMD/CleanEnergyTaxIncentives/SBTC.html (last visited June 17, 2014).
79
Energy Star Sales Tax Holiday Information for Sellers, TEXAS COMPTROLLER OF PUBLIC ACCOUNTS,
http://window.state.tx.us/taxinfo/taxpubs/tx96_1331 (last visited June 17, 2014).
80
Geothermal energy development in Hawaii is somewhat controversial, in part because the state’s unique
geology creates a risk of release of subsurface toxic gas deposits. See John Stickler, Geothermal Is a Red-Hot Topic,
HAWAII BUSINESS (Nov. 2013), http://www.hawaiibusiness.com/Hawaii-Business/November-2013/Geothermal-is-aRed-Hot-Topic/.
81
Department of Budget and Fiscal Services: Real Property Assessment Division: Exemption Forms, CITY AND
COUNTY OF HONOLULU,
http://www.realpropertyhonolulu.com/portal/rpadcms/Exemption?parent=FORMS&tree=forums&li=exemption
(last visited June 17, 2014).
82
Massachusetts: Green Communities Grant Program, supra note 52.
that such facilities may be built without the need for zoning relief as long as they
otherwise comply with local, state and federal law
o Provide for expedited application and permitting processes for such facilities
o Establish an energy use baseline inventory for municipal buildings, vehicles, and
street and traffic lighting, and put in place a program to reduce this baseline by
20% within five years
o Purchase only fuel-efficient vehicles for municipal use, when practicable
Require all new residential construction over 3,000 square feet and all new commercial and
industrial construction to minimize, to the extent feasible, the life-cycle cost of the facility by
utilizing energy efficiency, water conservation and other renewable or alternative energy
technologies

III.
New York: New York’s Climate Smart Communities certification program recognizes
communities for their accomplishments relating to climate change, and rates them on a
four-point scale. Communities must take actions in accordance with the climate smart
pledge, such as maintaining a greenhouse gas emissions inventory, conducting a climate
change vulnerability assessment, and setting government and community emissions
reduction targets.83
Climate Change Adaptation: Tools to Prepare for the Unavoidable Impacts of A
Changing Climate
Local officials across the United States are already witnessing the potential dangers of a
warming climate, and taking steps to counter them. The goal of climate change adaptation
measures is to make communities more resilient to the potentially unavoidable effects of climate
change, such as rising temperatures, increased flood risk, stronger and more frequent storms, and
erratic water supplies.
Most states and communities are still in the planning stages, but the few that have begun to
take more serious steps provide a potential roadmap for the future of climate change adaptation.
a. Vulnerability Assessments and Strategic Planning
According to the Center for Climate and Energy Solutions, 15 states have completed a
climate change adaptation plan, five states have an adaptation plan in progress, and seven states
have an adaptation plan recommended as part of their broader climate change action plan.84
New York offers a representative example of how climate change adaptation planning
responds to real life needs. In 2007, New York launched its “PlaNYC” long-term strategic
83
http://www.dec.ny.gov/energy/96511.html
State and Local Climate Adaptation, CENTER FOR CLIMATE & ENERGY SOLUTIONS, http://www.c2es.org/usstates-regions/policy-maps/adaptation (last visited June 23, 2014).
84
planning initiative.85 The program is jointly implemented by the Mayor’s Office of Long-Term
Planning and Sustainability (OLTPS) and the Mayor’s Office of Recovery and Resiliency
(ORR).86 While climate change has been an area of focus of the plan since its inception,
improving the city’s resiliency to the effects of climate change became an urgent priority in the
wake of Hurricane Sandy in 2012.87 In 2013, the city’s newly-formed Special Initiative for
Rebuilding and Resiliency released “A Stronger, More Resilient New York,” a comprehensive
report containing 257 recommended initiatives for improving the resilience of infrastructure and
buildings citywide.88 In 2014, the city released a Progress Report outlining the city’s early
85
About PlaNYC, NYC.GOV, http://www.nyc.gov/html/planyc/html/about/about.shtml (last visited June 23,
2014).
86
Id.
See id.
88
NYC Special Initiative for Rebuilding and Resiliency, A Stronger, More Resilient New York, PLANYC (June
11, 2013), http://s-media.nyc.gov/agencies/sirr/SIRR_singles_Lo_res.pdf.
87
progress in meeting its goals.89 Of the 257 planned initiatives, 29 have been completed and 202
are in progress.90
b. Building Code Changes
While many cities and states are still in the planning and assessment phases of climate
change adaptation, a few have begun to put their plans into practice. Building codes offer an
efficient mechanism for ensuring that new (and in some cases existing) construction is built to
withstand future climate fluctuations.

Boston, MA: A Climate Change Preparedness and Resiliency Checklist must be
submitted for all new development projects subject to Boston Zoning Article 80 review.91

New York, NY: In the aftermath of Hurricane Sandy, New York City made numerous
amendments to its building and zoning codes to better protect against severe storms,
flooding, and other hazards:
o Local Law 101/13 clarifies wind resistance requirements for building facades, and
Local Law 81/13 requires the city to complete a study on other wind risks by
2015.92
o Local Law 83/13 requires the installation of backwater valves in flood-prone
areas to prevent the backflow of sewage during flooding events.93
o Local Law 96/13 requires the adoption of the most current and accurate flood
maps available.94
o Local Law 99/13 allows the elevation of certain building systems in flood-prone
areas, including telecommunications cabling and fuel storage tanks.95
o In 2013, the City Council adopted the Flood Resilience Zoning Text Amendment,
which modifies zoning laws to enable the use of flood-resistant construction
techniques, such as using flood-resistant materials for portions of buildings that
are susceptible to water damage, elevating certain building types and uses above
89
PlaNYC Progress Report 2014, PLANYC
http://www.nyc.gov/html/planyc2030/downloads/pdf/140422_PlaNYCP-Report_FINAL_Web.pdf
90
Id.
91
Climate Change Preparedness and Resiliency, BOSTON REDEVELOPMENT AUTHORITY,
http://www.bostonredevelopmentauthority.org/planning/planning-initiatives/climate-change-preparedness-andresiliency (last updated Nov. 14, 2013).
92
Id. at 93.
93
Id.at 92.
94
Id.
95
Id.
anticipated flood levels, and designing buildings to withstand the pressure of
waves.96
c. Heightened Requirements for Public Facilities

Maryland: Gov. Martin O’Malley’s Climate Change and Coast Smart Construction
Executive Order directs all State agencies to consider the risk of coastal flooding and sea
level rise when they design capital budget projects, and charges the Department of
General Services with updating its architecture and engineering guidelines to require that
new and rebuilt State structures be elevated two or more feet above the 100-year base
flood level.

New York, NY: New York has initiated a number of climate change adaptation programs
as part of its Special Initiative on Rebuilding and Resiliency. For example, the
Department of Parks and Recreation is developing design guidelines for facilities in
coastal floodplains, expected to be released in 2015.97
d. Expanding Green Space
Urban forests, green roofs and other green spaces can help lessen the impact of climate
change by providing shade, decreasing temperatures, and mitigating flood risk.98 Furthermore,
trees and other plants help reduce net greenhouse gas emissions by sequestering carbon
dioxide.99 A healthy tree canopy can also provide shade to buildings, which limits the need for
air conditioning and reduces overall energy use.100

Boston, MA: Boston’s “Complete Streets” and “Grow Boston Greener” programs
promote green infrastructure to “reduce the urban heat island effect and mitigate
flooding.”101

Baltimore, MD: Baltimore’s “TreeBaltimore” program aims to increase the city’s tree
canopy in order to reduce the heat island effect and decrease temperatures. The city aims
to achieve 40% tree canopy cover by 2030.102

New York, NY: New York’s “Million Trees NYC” initiative is a public-private
partnership aiming to plant 1 million new trees across the five boroughs.103 The program
96
Id. See also Flood Resilience Zoning Text Amendment: Frequently Asked Questions, NYC PLANNING,
http://www.nyc.gov/html/dcp/html/flood_resiliency/faq.shtml (last visited June 23, 2014).
97
Id.
98
Trees and Vegetation, EPA.GOV, http://www.epa.gov/heatisland/mitigation/trees.htm (last updated Aug. 29,
2013).
99
Id.
100
Id.
101
Preparing for Climate Change, CITYOFBOSTON.GOV, http://www.cityofboston.gov/climate/adaptation/ (last
visited June 17, 2014).
102
TREEBALTIMORE, http://treebaltimore.org/ (last visited June 17, 2014).
103
About Million Trees NYC, MILLIONTREESNYC, http://www.milliontreesnyc.org/html/about/about.shtml (last
visited June 23, 2014).
cites climate change mitigation and adaptation as key benefits of the program, noting that
urban forests help to slow climate change by sequestering carbon dioxide and reducing
energy use by buildings, and also help to reduce urban temperatures by “shading
buildings and concrete and returning humidity to the air through evaporative cooling.”104
e. Incentive Programs
Some cities and states have launched incentive programs to encourage property-owners to
invest in building features that will make new and existing properties less vulnerable to climaterelated risks. For example, New York City’s Business Resiliency Investment Program is in the
process of launching an incentive program that will “administer $110 million in funding for
tenant and building owner resiliency efforts.”105
IV.
Conclusion
States and cities are now alert to the fact that climate change is a reality, and are beginning to
take the lead in efforts to mitigate and adapt to climate change. Buildings are a major contributor
to U.S. greenhouse gas emissions and energy consumption, but they also have great potential to
be part of the solution. Policy initiatives to track greenhouse gas emissions from buildings,
impose limitations on energy consumption, and incentivize property-owners to undertake further
reductions have the potential to significantly reduce emissions overall. Furthermore, adapting to
the inevitable impacts of climate change requires making the buildings where we live and work
resilient enough to bounce back from the worst impacts of climate change. While much remains
to be done, the efforts currently underway provide a useful path toward coping with our changing
climate.
NYC’s Urban Forest, MILLIONTREESNYC, http://www.milliontreesnyc.org/html/about/forest.shtml (last
visited June 23, 2014).
105
PlaNYC Progress Report 2014, supra note 89, at 93.
104