Amicone might veto green building law - Westfair Communications

The mayor of Yonkers might reject legislation recently passed by the City Council that requires sustainable or “green” development on nearly all new construction and major rehabilitation projects in the city.

Council officials called the green buildings law one of the most comprehensive of its kind in the nation. An estimated 90 percent of new and substantially rehabilitated buildings would be covered by it.

Mayor Philip Amicone has scheduled a Dec. 10 public hearing on the law, after which he will sign or veto the measure. Spokesman David Simpson in an email said the city”™s corporation counsel “has a number of serious issues with the law from a legal and enforcement point of view. Although the mayor has always supported a local sustainability law, this probably won”™t be the one because of its myriad problems.” Simpson said Amicone”™s decision will be announced after the hearing.

Robert M. Walters, chairman of the Yonkers Green Policy Task Force and co-owner of The Energy Savers Store in New Rochelle, said the law”™s drafters consulted with Babylon on that Long Island town”™s green buildings law. The city”™s volunteer task force worked on the original law for about a year, he said, and the final bipartisan version included changes proposed by council members.

The law, which takes effect six months after its adoption, requires nearly every new or substantially rehabilitated commercial, civic or residential structure in Yonkers to meet a formally recognized standard for sustainable building than can be quantified.

Commercial buildings, including retail, office, industrial, institutional and civic buildings and multifamily residences, at a minimum must qualify either for silver certification in the U.S. Green Building Council”™s Leadership in Energy and Environmental Design program, called LEED, or a substantially similar certification from The Green Building Initiative”™s Green Globes rating system. The building standards must be verified by a third party.

“It”™s a middle-of-the-road certification,” Walters said of the LEED silver rating. Based on a points grading system for use of sustainable materials and technologies and building design elements, commercial developers can qualify for two higher LEED certification standards, gold and platinum.

Developers of one-family to three-family houses must conform to Energy Star building standards set by the state Energy Research and Development Authority.

Supporters of the law said it is aimed at reducing greenhouse gases, solid waste and the drain on existing energy, storm water, drinking water, transportation and infrastructural resources and ensuring that building developers and occupants take responsibility for the environmental impact of their actions.

All buildings that receive governmental benefits, including zoning changes and code variances, also must meet the new standards.

“I think Yonkers, when the economy rebounds, with LEED being incorporated in the development, it will make it a selling point for development in this city,” said Walters. He cited the example of 66 Main St., the 170-unit luxury apartment building in downtown Yonkers developed by MetroPartners L.L.C. The $50 million building”™s green features, including a geothermal heating, ventilating and air-conditioning system, have helped attract young professionals as tenants, he said.

“With all of the recent and proposed development for Yonkers, this legislation will help make our community sustainable for generations to come,” City Council Minority Leader Liam McLaughlin, chairman of the council environmental committee, said in a written statement. “With more and more carbon emissions originating from buildings than cars, this legislation takes a major step forward in improving our environment.”

The value of green building construction in the U.S. is projected to increase to $60 billion next year, accounting for 10 percent of overall construction starts, and grow to $96 billion to $140 billion by 2013, according to a McGraw-Hill Construction report cited by the U.S. Green Building Council. By 2013, according to McGraw-Hill, the green market will account for 20 percent to 25 percent of commercial construction starts, compared to 10 percent to 12 percent in 2008.

The national council cited other studies that put the cost per square foot for buildings seeking LEED certification within the existing range of costs for buildings not seeking a green standard. On average, a 2 percent upfront investment in green building design results in life cycle savings of 20 percent of total construction costs.

Another cited report said sale prices for energy-efficient buildings are as much as 10 percent higher per square foot than conventional buildings.

The U.S. General Services Administration in 2008 evaluated 12 federal buildings and found that green buildings, compared to conventional buildings, consume 26 percent less energy and have 13 percent lower maintenance costs, 33 percent less greenhouse gas emissions and 27 percent higher occupant satisfaction.