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Archives: Energy

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FERC Decision Puts State Renewable Portfolio Standards At Risk

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Solar Panel
In the ongoing conflagration between “reliable power” and “clean energy” many may have missed when last month federal energy policy declared reliability the winner with renewable energy subsidies (e.g., state renewable portfolio standards) the loser. In a decision that critics have called “unprecedented” the Federal Energy Regulatory Commission on December 19, 2019 issued an Order … Continue Reading

What You Can Say about RECs is Regulated by the FTC

By Stuart Kaplow on Posted in Energy, Federal, Solar Panel
Businesses who generate renewable energy, say, by using solar panels, but sell the Renewable Energy Credits (RECs) for the renewable energy they generate shouldn’t claim they “use” renewable energy. The Federal Trade Commissions has advised that such a claim would be deceptive. The guidance from the FTC is not new, but as renewable energy becomes … Continue Reading

Renewable Energy Claim is Deceptive

By Stuart Kaplow on Posted in Energy, Solar Panel, wind turbine
This past week and there have been many other times this law firm was consulted about a marketing claim by a building owner with rooftop solar panels that advertises they “use” renewable energy, but the owner sells Renewable Energy Certificates (RECs) for the renewable energy it generates, so the Federal Trade Commission says it shouldn’t … Continue Reading

Legislature Overrides Veto of Renewable Energy Portfolio Standard Increase

By Stuart Kaplow on Posted in Climate Change, Energy, State
On February 2, 2017, the Maryland Senate and House of Delegates voted to override the veto of an increase the State’s Renewable Energy Portfolio Standard, as enacted in the 2016 Maryland General Assembly session. Last May, Maryland Governor Lawrence J. Hogan, Jr., vetoed House Bill 1106, that was characterized as a “sunshine tax” to be … Continue Reading

California is a Model for PACE Loan Reform

By Stuart Kaplow on Posted in Energy, Environmental, Green Building, Local Government, Sustainability
California’s statutory changes to its existing residential Property Assessed Clean Energy (PACE) financing program, that became effective January 1, 2017, may be a model for residential PACE programs across the nation. The first residential PACE program started in Berkeley, California in 2007. Today there are laws in at least 34 states that allow some form … Continue Reading

False Advertising Claims over Net Zero and LEED Certified Homes

By Stuart Kaplow on Posted in Energy, Green Building, LEED, Sustainability
Homebuyers are making claims of false advertising over “Net Zero LEED certified” houses in midtown Sacramento – that may be neither. The website for the architect on the project, today still says, “2500 R Street located on a two acre site along the R Street light rail corridor in Midtown Sacramento, this new single-family home … Continue Reading

Trump Election Can Make Green Building Great Again

By Stuart Kaplow on Posted in Energy, Environmental, Federal, Green Building, IgCC, LEED
Election day 2016 in which Donald Trump was elected the 45th President of the United States and Republicans control both houses of Congress portends huge business opportunities for green building. As the Executive and Legislative Branches look to arrest existing environmental and energy policies while driving up growth and lowering taxes, enabling voluntary green building … Continue Reading

The Ramifications of this IgCC Enactment are of National Import

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Green Building, IgCC, Local Government
Update. On November 15, 2016, the Montgomery County Council adopted Resolution 18-669, voting to extend time until June 30, 2017 for Council action on Executive Regulation 21-15, Adoption of the 2012 International Green Construction Code (IGCC). A Planning, Housing & Economic Development Committee work session will be scheduled at a later date. On September 28, … Continue Reading

Cannabis Cultivation has Growing Environmental Implications

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Environmental, Sustainability
Cannabis cultivation is not new, but beginning in the 1990s when states began to legalize medical marijuana and recently as state laws evolved, decriminalizing and legalizing recreational use of cannabis, the burgeoning industry has brought with it environmental implications, including of water and energy use. Energy consumption for cannabis cultivation can be incredibly significant and … Continue Reading

PACE Bill Due in Baltimore City

By Stuart Kaplow on Posted in City, Energy, Green Building, Sustainability
A public hearing is scheduled tomorrow on a Property Assessed Clean Energy (PACE) loan program ordinance in Baltimore City. I have been quoted saying that PACE “could be bigger than anything in U.S. real estate since the invention of the glass window.” PACE loan programs, where payments for energy efficiency, water conservation and renewable energy … Continue Reading

Vancouver Leaving LEED for Zero Emission Building Mandate, But ..

By Stuart Kaplow on Posted in City, Energy, Green Building, LEED
On July 13, 2016, the Vancouver City Council approved a Zero Emissions Building Plan that is among the most aggressive by any government with the stated purpose of reducing greenhouse gas emissions. While much of the media attention has described that Vancouver is the first major city in North America to establish specific actions to achieve … Continue Reading

Historic Church Appeals to Higher Authority in Solar Dispute

By Stuart Kaplow on Posted in Energy, Environmental, Local Government, Sustainability
The First Parish in Bedford, Unitarian Universalist church has appealed from a decision of the Historic District Commission of the Town of Bedford that denied First Parish’s application for a certificate of appropriateness to install solar panels on its Meetinghouse roof. The complaint filed Superior Court for the County of Middlesex, Commonwealth of Massachusetts claims … Continue Reading

HUD Jumpstarts PACE Financing for Homes

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Federal, Green Building, Local Government, State, Sustainability
Last week the U.S. Department of Housing and Urban Development and the Department of Veterans Affairs released new guidance, changing their previous positions, now widely allowing residential Property Assessed Clean Energy (PACE) financing. With the guidance, PACE financing, where payments for energy efficiency, water conservation and renewable energy improvements to real estate are made through … Continue Reading

Maryland Vetoes Renewable Energy Portfolio Standard Increase

By Stuart Kaplow on Posted in Codes and Regulations, Energy, Environmental, State, Sustainability
Maryland Governor Lawrence J. Hogan, Jr., vetoed an increase in the State’s Renewable Energy Portfolio Standard that would have resulted in higher electricity prices across the State. This push back against an ever increasing legislatively mandated subsidized renewable energy ‘market’ portends a national trend. Specifically, Governor Hogan announced he was vetoing House Bill 1106 – … Continue Reading
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