http://elboro.cz/oldtemp/AEHA.htm

For Those Interested in Green Building

This article provides a great introduction to the topic. It also reminds me to remind people about the Greenbuild Conference to be held in Boston on 11/19-11/21.

Thanks

Manu

Recent Developments In MA Environmental Policy + 2 Service Opportunities For ELS

I apologize for the long post but I wanted to include everything so people can scroll through to see if there is a policy, legislation or funding issue that interests them personally. At the bottom of this bulletin are links to two environmental community service opportunities I thought might interest people.

From the Mass Audubon Advocacy Group:

A Season of Success!

This has been one the most successful years for energy and the environment on Beacon Hill, brought about by a new administration, a new focus for the legislature, and changing public attitudes about energy and the environment. It’s a new landscape for energy and environment, with major energy legislation including net-metering and incentives for renewable development, ocean management, caps on emissions, significant investments in land protection and new funding for the state’s ailing park system, and restoration of funding for endangered species protection. There was a distinct focus on energy, whose traditional, fossil fuel based production is the greatest threat to the environment. The new incentives for renewable energy production may both better protect the environment through emissions and source-point pollution reduction, as well as spur on Massachusetts’ sleepy economy.

POLICY

Regional Greenhouse Gas Initiative In one of his first acts in office, Governor Patrick signed RGGI, joining other northeast states in their commitment to reducing greenhouse gas emissions, and making Massachusetts first in the nation with the auction of greenhouse gas emission allowances. The auction begins September 25th. Although cap and trade programs alone are not the answer to global warming, RGGI will spur reduction of emissions through encouragement of renewable energy and in improved technologies.

No-Net Loss of Open Space A Mass Audubon priority. The Executive Office of Energy and Environmental Affairs have been effective in their review of Article 97 land taking bills, requiring mitigation when appropriate. Looking to the future, Mass Audubon will continue to advocate for codification of the EEA policy, the Public Lands Protection Act, which did not pass this session.

LEGISLATION

The Environmental Bond A Mass Audubon priority. At over $1.5 billion, this is the largest investment in environmental programs ever, with $50 million per year set aside for land protection, funding for enforcement, endangered species protection, planning for climate change, and a state income tax credit for land protection. The Governor has until Sunday to sign the Bond. Thank you to those who have called the Governor’s office asking him to sign the Bond with the tax credit included, his office has been flooded with calls! Look for a complete analysis in the next Roundup.

Ocean Management Act A Mass Audubon priority. Passage of this Act provides for the development of a first in the nation comprehensive ocean management plan protecting sensitive marine life and habitats, promoting renewable energy and guiding responsible use. The draft plan will be available for public comment next summer. See the Mass Ocean Coalition website for full coverage and updates.

The Green Communities Act A priority for the Speaker of the House and the administration, this Act overhauls the Commonwealth’s energy policy, encouraging renewable energy development and investment in conservation and efficiency. Mass Audubon worked on language to encourage responsible siting of renewable energy facilities, including hydroelectric.

Global Warming Solutions Act In a thrilling, down to the wire victory, this passed in the last hours of the legislative session with the House standing in applause. The Act sets state limits on greenhouse gas emissions, 25% by 2020 and 80% by 2050, making Massachusetts a national leader in climate change policy. Mass Audubon successfully worked to include a climate change and adaptation commission, finding ways to help nature cope with climate change. The Governor has until Sunday to sign Global Warming into law.

Green Jobs Creates a Clean Energy Technology Center, supporting research, development, and job training. The Governor has until Sunday to Green Jobs into law.

Biofuels Exempts advanced (cellulosic), non-food based biofuels from state gas taxes.

Phosphorous Act Bans phosphorous from dishwasher detergent, protecting rivers, streams, and wetlands from nutrient loading and degradation.

STATE FUNDING

Natural Heritage & Endangered Species Program A Mass Audubon priority. The Natural Heritage & Endangered Species Program's mission is to protect the rare species of Massachusetts, their habitats, and the full range of natural community types to conserve the biodiversity of the Commonwealth. After five years of neglect, state funding was restored this year!

Riverways Program A Mass Audubon priority. Funded at Mass Audubon recommended levels of $50,000 more than requested by the administration, this program protects Massachusetts rivers and streams

Resource Management Plans A Mass Audubon priority. The legislature overrode the Governor’s veto of $100,000 for Department of Conservation and Recreation Resource Management Plans.

What remains to be seen is the impact of expedited permit review, siting of renewable energy facilities, criteria and standards for environmental impact review of wind turbines, and development of a biofuels industry that does not encourage destructive forestry practices. As the administration moves towards implementation of the many environmental successes of this session, we will continue to be engaged.

Service Opportunties:

Be The Change 2008

http://sites.google.com/site/bethechangeboston2008/Home

GreenBuild Conference- 11/19-11/21

http://www.greenbuildexpo.org/

A Thought About the Future of ELS + Some Conservation News

"A huge patchwork of privately owned forest in northwest Montana — much of it abutting wilderness, and together almost a third the size of Rhode Island — will be permanently protected from development under an agreement announced Monday by two private conservation groups, the Nature Conservancy and the Trust for Public Land."

- N.Y. Times, 6/01/08, http://www.nytimes.com/2008/07/01/us/01develop.html

This acquisition is being financed by Qualified Forestry Conservation Bonds (QFCBs) whose sale is authorized by the recently passed Food, Conservation, and Energy Act of 2008 (Farm Bill).

QFCBs are tax credit bonds issued by a state or a section 501(c)(3) organization for the acquisition (from an unrelated person) of forest and forest land that meets the following requirements:

(1) some portion of the land is adjacent to US Forest Service land;

(2) at least one-half of the land must be transferred to the US Forest
Service at no net cost and not more than one-half of the land may remain with or
be donated to a State;

(3) all of the land must be subject to a habitat conservation
plan for native fish approved by the US Fish and Wildlife Service; and

(4) the land must be at least 40,000 acres.

QFCBs have a total allocation of $500 million.

From an environmental finance point of view the QFCB program is a great start. The very fact QFCBs may be issued by a State or political subdivision as well as 501(c)(3)s encourages the public-private partnerships that are already driving conservation efforts throughout the country. The Agricultural Preservation Restriction program in place in Mass. is an example this kind of cooperation. http://www.mass.gov/agr/landuse/APR/index.htm.

From an environmental advocacy point of view this news reinforces my belief that the sale of municipal bonds, and their state and private sector counterparts, are an effective way to reliably finance environmental/conservation projects.

From an ELS point of view this news makes me think that we can expand our reach a bit. While still focusing on greening NESL and the surrounding community, ELS can make it our mission to advocate for bond financing for environmental projects. Granted we probably can't get bond measures on any legislative agendas ourselves, but we can look for places where they are already on the ballot, find like-minded organizations who may be supporting such measures, and join their fight. I think this might be a good way for us to integrate our members into environmental communities outside of Massachusetts. We might also be able to gain some advocacy experience which is always invaluable for lawyers-in-training like us.

I hope people might give all of this some thought. Of course suggestions as to how we might advocate effectively in other contexts, besides that of muni. bonds, are always welcome. I am always available at Manuhusain@gmail.com and am in Boston for the summer if anybody would like to get together to talk through all of this stuff.

A Thought About Using Muni Bonds to Finance Environmental Projects

The Supremes just handed down their decision in Kentucky Dep't of Revenue v. Davis where they upheld a tax exemption for interest on state and local muni bonds. From what I gather the Court relied heavily on: 1) the fact that the selling of muni bonds is a traditional state activity that funds things like infrastructure and 2) the market participant exception to the dormant commerce clause. 1 is the only one that really garnered any kind of majority. There is much more to the opinion of course.

My point is that given the fact that a $1.6 bil environment and energy bond bill, H4561, is currently pending in the legislature, I think this decision should be applauded. If people know that they won't have to pay interest on munis in Mass they will be inclined to buy more of them. If they buy the H4561 bonds this helps the environment. There's probably a hole in that logic somewhere (probably in the area of undue burdens on personal choices about how to invest) but I don't see it yet.

I guess I'm just wondering if anyone has any thoughts.

Manu

Here is what some smarter people have to say about Davis:

http://prawfsblawg.blogs.com/

http://taxprof.typepad.com/

Top Ten World's Worst Polluted Places, for 2007

The Blacksmith Institute has released the 2007 Top Ten World's Worst Polluted Places.

Global Warming & Bioneers

From the Marion Institute:

Global Warming: A Real Solution
June 18, 2007 Rolling Stone | Robert F. Kennedy Jr.
In early May, 100 of the nation's top business leaders gathered for a summit at a private resort nestled on 250 acres in California's Napa Valley. The attendees, gathered at the invitation of Silicon Valley venture capitalists, included CEOs and other top executives from such Fortune 500 corporations as Wal-Mart, Proctor & Gamble and BP. They had been invited to discuss ways to end America's fossil-fuel addiction and save the world from global warming. But in reality they had come to make money for their companies - and that may turn out to be the thing that saves us. Read more here: http://www.rollingstone.com/politics/story/15051506/global_warming_a_real_solution

Robert F. Kennedy Jr. will be appearing at a special Special Bioneers by the Bay: Connecting for Change kick-off event Thursday, October 18th, at 7:30 pm at the Zeiterion Theatre, New Bedford, MA. Admission is free. Seating is limited and is first come, first serve.