The Green Building Petition for Dutchess County sign now

Do you think that Dutchess County residents should be allowed the opportunity to vote on a referendum for a common-sense three-part countywide green building code that will pay for itself in saved energy costs for local taxpayers-- while cleaning up the atrocious state of our local air quality at the same time (rated an "F" for the last six years running by the American Lung Association of NYS)?

The three parts of this code would be:

1. Making sure that all construction or renovation work on county-owned property here in Dutchess conforms to U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) standards; the federal government, fifteen states, and forty-six cities across the country require this of new public buildings (I've been advocating for over a year now that Dutchess County follow New York City's example on this);

2. Making sure that all new industrial, commercial, and multi-residential structures in Dutchess County over four thousand square feet meet LEED standard's (as in Babylon on Long Island; see below for much more on this);

3. Making sure that all newly constructed homes in Dutchess County are built according to Energy Star standards (as in Greenburgh in Westchester County and the towns of Babylon, Brookhaven, Oyster Bay, Riverhead, and Southampton on Long Island; see full list of over three hundred different Energy Star-certified home builders here in New York-- many here in Dutchess County: .

Note: It's been proven over and over again that investing in green building saves money:

"A recent study conducted for the State of California concluded that, on average, green buildings show a ten times return on the investment in green building design. This comprehensive analysis of 33 green buildings revealed an average green cost premium of less than 2\%, with only a 0.66\% premium for buildings that achieved the most basic level of LEED certification."

"Developers find that green technologies and construction materials add no more than 1\%-2\% to costs, a premium quickly recaptured by energy savings."
[from "Building 'Green' Reaches a New Level" by John Ritter (USA Today 7/26/06):]

How many more years should we here in Dutchess County have to wait until we truly get off the dime and make a real move towards green building-- instead of just paying lip service to the concept?


Let the people of Dutchess County decide on these crucial issues in a referendum-- sign on to this petition, email [email protected], and pass it along to all you know to help make this a reality here sooner instead of later.

Joel Tyner
County Legislator
324 Browns Pond Road
Staatsburg, NY 12580
[email protected]
(845) 876-2488

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"Green building codes and ordinances are springing up all over the place. We may be seeing the beginning of one of the best environmental stories of 2007. Washington D.C. got a lot of attention early in December for passing rules that will force private development to green up (although not until 2012). Now Boston is entering the game, forcing all private development over 50,000 sq. ft. to meet LEED's minimum criteria (26 out of 69 possible points). In addition to large metro areas, smaller cities and counties are greening their codes or making their public buildings green up. The list I pulled from google this morning includes: Livermore, Calif., Santa Cruz, Calif., Montgomery County, Va., Chatham, N.C., and Babylon, N.Y."

[from "Green Building Codes: One of the Big Environmental Stories of 2007?" by Kit Scheuer
(Grist 12/21/06) ]

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"A recent study conducted for the State of California concluded that, on average, green
buildings show a ten times return on the investment in green building design. This
comprehensive analysis of 33 green buildings revealed an average green cost premium of
less than 2\%, with only a 0.66\% premium for buildings that achieved the most basic level
of LEED certification.

Numerous municipalities, including Atlanta, Austin, Boston, Boulder, Chicago,
Dallas, Los Angeles, Portland (Oregon), San Diego, San Francisco, San Josй, and Seattle,
have adopted LEED or have otherwise required that city-owned buildings be built
according to green building criteria. Some localities have created incentive programs for
privately-owned green building construction, including the use of direct subsides, density
bonuses and expedited permitting. Indeed, Boston will soon require private sector
buildings of over 50,000 square feet to be LEED-certifiable.

Likewise, many states, such as California, Connecticut, Maryland, Massachusetts,
New Jersey, New York, Pennsylvania, and Rhode Island, have begun utilizing LEED for
state-owned buildings. The State of New York provides tax credits for buildings that
meet defined green building criteria and, under Executive Order 111, state agencies are
directed to reduce energy use and carbon dioxide emissions and to utilize green building

Probably no urban activity has greater impact on human health and the environment than building construction and use. Enormous quantities of resources are used during building construction, renovation and operation, and the production of these resources has substantial environmental impacts. It is estimated that 40\% of raw materials consumed globally are used for buildings. In
addition, in the United States, commercial and residential buildings are responsible for
approximately 65\% of electricity consumption, 30\% of greenhouse gas emissions, 12\%
of potable water use and 136 million tons of construction and demolition waste annually.
Also, many indoor building materials release hazardous toxins, impairing indoor air
quality and reducing occupant health and productivity."

[from New York City Local Law No. 86 of 2005 To Amend the New York City Charter, in Relation to Green Building Standards for Certain Capital Projects: ]

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"New York City Local Law 86, also known as the Green City Buildings Act, became effective on January 1, 2007. The act is significant to the construction industry because it will require many of New York Citys new municipal buildings, as well as additions and renovations to existing municipal buildings, to achieve exacting standards of sustainability as green buildings buildings that are designed, constructed and operated to improve environmental, economic, health and productivity performance over that of conventional buildings...Atlanta, for instance, enacted an ordinance requiring design and project management teams for projects involving city facilities and buildings comprising more than 5,000 gross square feet of occupied space or having a total project cost of more than $2 million to achieve a LEED Silver rating. 8/ Similarly, Seattle enacted a sustainable building policy calling for all new construction and major remodels of facilities and buildings with more than 5,000 gross square feet of occupied space to achieve an LEED Silver rating. Design and project management teams able to achieve a higher rating are honored with a Mayors Award."

[from "New York City Enacts Broad Green Building Law for Its Projects" by Kenneth M. Block
(Thelen Reid Brown Raysman & Steiner LLP 1/15/07) ]

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"Babylon to Adopt First Green Building Code in Northeast for Commercial, Industrial Buildings"

Town of Babylon Supervisor Steve Bellone was joined recently by Peter Caradonna, President of the LI Chapter of the US Green Building Council and Ed Blumenfeld, President of Blumenfeld Development Corp., to announce sweeping changes to the Town's building code that will require all new industrial, commercial and multi-residential structures above 4,000sf to be built green. Under the new code, the first in the Northeast region, each new building will be required to meet the United States Green Building Council's Leadership in Energy and Environmental Design (LEED) Certified status. The new standards, which will be phased in over a year's time will minimally increase construction costs, while helping to significantly reduce greenhouse gas emissions, lower energy costs and reduce our reliance on fossil fuels. A public hearing on the new code is scheduled for November 29, 2006 at 3:30 p.m. at Babylon Town Hall.

"Our nation is on the cusp of a major building boom and it is critical to our future that moving forward we build green," said Babylon Supervisor Steven Bellone. "Since our buildings consume 40\% of the energy we use, the easiest, quickest and cheapest way for us to significantly reduce our reliance on fossil fuels, protect our environment and save on energy costs is to build green." The new Babylon Green Building Code could reduce greenhouse gas emissions by 1.37 million tons which is the equivalent of removing 300,000 passenger cars from the road per year. "Today, the citizens of the Town of Babylon, Supervisor Bellone, and the Babylon Town Board take the lead on a comprehensive program to transform the way buildings and communities are designed, built and operated," said Peter Caradonna. "The Town of Babylon in partnership with the US Green Building Council Long Island Chapter envisions an environmentally responsible, healthy and prosperous environment that improves the quality of life for everyone."

The Town also announced that the Tanger Outlet Center in Deer Park will meet LEED certified standards becoming the first green retail development in the region. By building green, the new center will significantly reduce greenhouse gas emissions and lower energy costs. "The Tanger development will help establish a new and better way to build on Long Island," said Supervisor Bellone. "One important component of Tanger's green building will be the use of a railway system. Tanger will build a rail spur that will enable most construction materials and debris to be delivered and removed by train eliminating a significant amount of diesel burning truck traffic from the roadways. Ed Blumenfeld, of Blumenfeld Development Group, which is building the Tanger Outlet said, "We are proud to help lead the way in building green on Long Island."

This is the latest program to be announced under Babylon's Green Building Initiative which was launched earlier this year. In July, the Town joined with the Long Island Builder's Institute, the Long Island Housing Partnership and the USGBC - LI Chapter to announce the building of the first Long Island Zero Energy Home in Wyandanch. The Zero Energy Home will showcase sustainable building materials and renewable energy technologies for contractor's, planners, architects, government officials and builders. In August of this year, Babylon became the first town on Long Island, in partnership with the Town of Brookhaven, to mandate that all new homes be constructed in accordance with energy star standards.

Even though the new code will be phased in over time, the Town is encouraging all new projects to meet the new standard by offering incentives. Any new project that meets the LEED standards will be fast-tracked through the permit process.

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Don't forget these five realities on our local air quality and climate that should make this initiative a reality itself:

1. Dutchess County's air quality has been rated an "F" for the last six years in a row by the American Lung Association of New York State.

2. Dutchess County's average hourly concentration of ozone has been found to be much higher than even that of New York City's, according to a recent study conducted at Millbrook's Institute of Ecosystem Studies by Dr. Clive Jones, Jillian Gregg, and Todd Dawson that made the front page of both the Poughkeepsie Journal and New York Times as well just a few years ago.
[study itself can be downloaded at]

3. The pollution belched by power plants causes some 1,800 deaths, 1,200 respiratory hospitalizations and 37,000 asthma attacks in New York each year.
[Statement from Peter Iwanowicz in October 2004, then Director of Environmental Health for the American Lung Association of New York State, in joint press release with Environmental Advocates of New York, NYPIRG, and Sierra Club:; comments from over 80 county residents calling for power plant emissions to be lowered here:]

4. "Since 1970, winter temperatures in the Northeast have increased 4.3 degrees...'This is a tremendous change in 30 years' time,' said Cameron Wake, a University of New Hampshire scientist who contributed to a comprehensive report about climate change in the Northeastern United States and adjacent Canadian provinces. He spoke recently at a conference about climate change in the Hudson Valley organized by the Department of Environmental Conservation."
[from "Not-So-Cold Winter Is Good Time To Look At Hot Trend" by Dan Shapley
(Poughkeepsie Journal 12/17/06)]

5. "Dynegy will reduce air pollution at its Midwestern plants before it upgrades its Hudson River plants, company officials recently told the Poughkeepsie Journal editorial board. Its Danskammer plant in Newburgh is the largest polluter in its 24-plant fleet, and a gamut of new state and federal pollution reduction laws will require changes there soon...Danskammer burns coal mined in South America...It emitted 1.2 million pounds of toxic air pollutants all within permitted levels in 2004, according to the latest federal data. Roseton emitted 840,500 pounds. Dynegy's power plants in the Town of Newburgh produce enough energy for about 1.5 million homes, and are among the Hudson Valley's largest air polluters. Dynegy paid $903 million for the now-47-year-old Danskammer and 31-year-old Roseton plants from Central Hudson Gas & Electric Co. when New York deregulated the electric power industry in 2001. 'If Danskammer's one of their dirtiest plants, why are they allowed to get away with putting off cleaning it up?' asked Phil Pitner, a Wappinger resident who lives across the Hudson from Dynegy's plants. 'It seems to me if you're working on a problem like this, why not start on your worst problem first? That's the biggest impact.'"
[from "Dynegy Focus on Plants in Midwest" by Dan Shapley
(Poughkeepsie Journal 7/1/06)]

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"Town Board Approves 'Green' Building Code" by Brandon Bain
[Newsday 12/21/06],0,2285742.story?coll=ny-linews-headlines

The Babylon town board passed a "green" building code yesterday considered by at least one expert to be the nation's most comprehensive attempt to ensure all buildings are constructed under environmentally friendly standards.

The ordinance passed, 4-0.

Babylon Supervisor Steve Bellone touted the code, which requires all new commercial, industrial, office and multiple-residence construction of more than 4,000 square feet in the town to be built using green materials.

"Green building is the cheapest way to have a profound impact on global warming and our reliance on fossil fuels," Bellone said.

Peter Caradonna, chairman of the Long Island chapter of the U.S. Green Building Council, said Babylon's code was the most comprehensive in the nation. "The town is being extremely proactive," Caradonna said. "There is a lot of interest town- and Islandwide on this resolution."

Babylon's code also will mandate that new structures follow Leadership on Energy and Environmental Design standards, which rate water efficiency, energy use and air quality.

In the summer, the town announced a three-part green building initiative, which included construction of a "Zero Energy" home in Wyandanch that uses recycled water and energy, among other features. New single-family homes in the town must be built under Energy Star standards, which prevent energy loss by using tight ductwork and other efficient methods.

Last month, the town announced that the Tanger Outlet Mall in Deer Park would be the first commercial structure constructed under green standards. Babylon officials say the new standards will increase construction costs minimally. But Tanger developer Ed Blumenfeld has said the costs would be substantial.

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"The Lasting Brilliance of Building Energy Efficiency into a New Home" by Gary Dymski
[Newsday 1/18/07],0,1806486.column?page=2

The concept of spending more money upfront to cut long-term energy consumption still frightens some builders and buyers, says Bob Wieboldt, executive vice president of the Long Island Building Institute. "That's the only reservation," he says. "But the payback is so quick, we really have to do it. It makes too much sense."

Energy Star homes must pass a 100-point inspection that includes tests for air leaks in both the structure and the duct system, and a visual inspection of the insulation system.

Wieboldt agrees with Tane that most new-home buyers still aren't making energy efficiency a priority. But, like Tane, more builders say they are starting to take the energy initiative. "Energy costs are continuing to increase," Tane says, "and sooner or later the home buyer will be concerned about how much it costs to heat and cool a new home."

Wieboldt says builders also know construction guidelines are changing. Municipalities across the country are making their local building codes more stringent to match the Energy Star guidelines.

"The Town of Brookhaven has adopted the Energy Star home-building guidelines for new construction," Wieboldt says, "and so has Babylon." By 2008, he says, the towns of Huntington, Oyster Bay and Riverhead will have followed suit.

And in rare twist, energy concerns have Long Island builders embracing new techniques, materials and concepts. "Around here, we're always the last to change," Tane, a home-builder for more than 30 years, says of his fellow builders. "But now a lot more contractors seem to be interested in the energy issue."

The Long Island Builders Institute has partnered with LIPA to offer Energy Star seminars and training sessions for builders. One seminar, in early December, was packed, Wieboldt says. Another to be held later this month is scheduled to be full, too. "By the end of this year, I'd say that 70 percent of our membership - about 250 builders - will be Energy Star builders," Wieboldt says.

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From the Neighborhood Network...

The Energy Star program sets out more stringent construction specifications designed to make buildings more energy efficient; generally about 30\% savings in energy used for heating, cooling, and water heating can be achieved as compared with homes built to the existing National 1993 Model Energy Code. Currently, LIPA has an excellent program in place to provide financial incentives to encourage builders to follow a purely voluntary Energy Star labeling program for new home construction.

The average Long Island home spends about $4,000 dollars a year on energy, based on that figure an Energy Star Home on L.I. would save about $780 a year on energy costs. The additional construction costs for meeting the higher standards have been estimated at between $2000 and $4000. (Some have pointed out that those costs could be lowered as the techniques and materials used become more standard and the market develops.) The cost of energy saved far outweighs any additional mortgage payments as a result of higher construction costs. As a result, Energy Star Homes are more affordable from the first year of ownership.


Annual Energy Savings: $780
Annual Increased Mortgage Cost: $60*
Annual Net Savings: $720

[*Based on $2000 increased construction cost, $1250 LIPA incentive, and a 30-year, 6.25\% mortgage.
Home Energy Rater Frazer Dougherty demonstrates the "blower door" test that is part of the performance testing required for all Energy Star Labelled Homes.]

In addition to saving money, Energy Star Homes are better for the environment. Because they use less energy, each Energy Star home results in 2.25 fewer tons of greenhouse gases released into the atmosphere each year than a home that only meets the basic Model Energy Code requirements. (According to the U.S. EPA)

Town Energy Conservation Construction Codes

Under New York State law, local municipalities can adopt energy conservation construction codes that are more stringent that the State base-line code. The Neighborhood Network has proposed that all Long Island towns make the Energy Star standards a requirement for all new home construction in their town.

The first New York State town to adopt such a law was the Town of Greenburgh. No Long Island town has adopted this law at this time. We have approached towns across Long Island with this proposal, several have expressed interest in amending their town codes to require Energy Star standards for new home construction. The Towns of Brookhaven, Babylon, Riverhead, Oyster Bay, and Southampton have all passed local laws requiring Energy Star Homes standards, and the Neighborhood Network is contacting all the Towns on Long Island to encourage them to enact this policy.

The Newsday editorial board strongly endorsed the proposed code change, calling it a "bold, pioneering step toward energy conservation":

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"The Greening of Greenburgh" by Benjamin Marks

Greenburgh has set out to be a model community, one that employs green development, an approach that benefits or has minimal negative impacts to the local and larger environment, uses resources efficiently, and is sensitive to the existing local culture and community. Green development minimizes pollution and develops for maximum human and ecosystem health - in short, designing for the environment. Green building refers to the process of designing and constructing buildings in ways that minimize their negative ecological impacts. This includes concern for the ecological accounting, or full life cycle impacts of buildings, beginning with the acquisition of resources and materials, transportation, processing and manufacture, distribution, installation and use, maintenance and repair, and ultimately, disposal. A green building ensures energy efficiency, material and resource efficiency, and a healthy, safe indoor environment for its occupants.

Last month, the Town of Greenburgh, working with the Pace Energy Project, took the first important step in its pursuit of environmental excellence by passing a new law which mandates energy efficient construction of new residential homes according to Energy Star guidelines. Features of an Energy Star labeled home include: improved insulation; advanced windows to improve the thermal performance of homes; tightly-sealed ducts to reduce leakage; high-efficiency heating and cooling (HVAC) equipment that is right-sized for the home; and finally, reduced air infiltration combined with proper ventilation to lower energy bills and also improves the quality of the indoor air. Energy Star labeled appliances and consumer products are used.

New Local Law

Greenburgh's law provides that no building permit shall issue for new one or two family dwellings or multi-family dwellings of three stories or less unless the applicant certifies that the dwelling will meet New York Energy Star Labeled Home guidelines. This ensures that the dwellings will use considerably less energy than if built to prevailing building standards.

Homes built pursuant to New York Energy Star Labeled Home guidelines typically use 30\% less energy for heating, cooling and water heating than those built to the 1993 Model Energy Code guidelines.

Since retrofitting existing buildings to save energy is far more expensive than complying with New York Energy Star Labeled Home guidelines at the time of initial construction, mandating compliance with these guidelines will avoid significant lost opportunities to save energy.

Costs To Builder

Energy Star labeled homes do not have to increase the cost of home construction. Once the builders are educated about the efficiency of Energy Star products, such as an HVAC system, they will understand why they can install smaller units that are properly fitted to the home at no cost or a lower cost than the standard (often oversized) HVAC systems. In some instances there may be a small cost increase, but the attractiveness of the Energy Star program for builders is that marketing incentives exist to offset the additional costs of construction according to Energy Star guidelines.

Costs to Homeowner

Based on a 2-story, 2,000 sq. ft. home with basement, central AC, and oil boiler used for space heating and water heating the sticker price of a labeled Energy Star home is up to $3000 higher than a similarly sized house. However, the operating costs of an Energy Star labeled home are lower than that of a standard home due to reduced utility bills and the opportunity for lower rate mortgage financing by the homeowner. In a year, the homebuyer could save over $700 on cost of ownership, thus the initial additional investment is repaid quickly and savings begin to accrue annually.

Looking Ahead

This fall an opportunity will be offered for homeowners and businesses to participate in the Energy Star Home Performance program which enables them to make energy efficient improvements and retrofits to their property with the benefit that the state (through NYSERDA and participating lenders) will buy down (reduce) their mortgage interest rate by 4.5 \% for up to five years. Consumers in Greenburgh and all over Westchester County are also being encouraged to purchase Energy Star appliances for their home or office from local retailers. Greenburgh anticipates greater public outreach in the coming months to raise awareness about these Energy Star benefits.

Benjamin Marks is a second year student at Pace University School of Law and a research assistant with the Pace Energy Project.

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Latest Signatures

  • 05 November 201550. Emma B
    I support this petition! Address; Zip Code 12405-5000
  • 07 July 201549. Ilana P
    If Steinhaus truly wants to be green, this is the least we can do (and I do mean least) Address; Zip Code PO Box 1143, Millbrook 12545
  • 11 November 201448. Fred B
    LEED represents the green ethic we must have to protect our environment for our grandchildren. Address; Zip Code 8 MacCracken Lane, Poughkeepsie, N.Y. 12604
  • 24 October 201447. Ilana Papelen
    Platinum LEED and Adaptative Reuse Incentives Address; Zip Code 12585
  • 09 October 201446. Keisha L
    I agree with the petition. Address; Zip Code 464 West Kerley Corners, 12583
  • 27 June 201445. Rebecca S
    Please make Dutchess County green Address; Zip Code Bard College PO Box 5000 Annandale-on-Hudson, NY, 12504
  • 25 May 201444. Ali S
    This is very positive! Lead the way Dutchess County! Address; Zip Code Bard College P.O. Box 5000 Annandale-on-the-Hudson, NY 12504
  • 14 April 201443. Owen O
    Member: Town of Red Hook Conservation Advisory Council Address; Zip Code 464 West Kerley Corners Rd, Tivoli NY 12583
  • 01 February 201442. George Q
    I support the petition because I support breathing air. Address; Zip Code 124 Station Hill Rd, Barrytown, NY 12507
  • 03 December 201341. Charles A
    thank you Address; Zip Code 6d carnaby Street, Wappingers, NY 12590
  • 14 November 201340. Lorrie K
    Let's continue to make tangible changes so we are among the nation's many green-wise regions!! Address; Zip Code 12571
  • 17 April 201339. Maribel P
    This idea is long overdue. Any new construction should implement all energy conservation measures possible. Address; Zip Code 18 Mt. View Rd. Poughkeepsie, NY 12603
  • 26 December 201238. Mary Patb
    We should have done this 30 years ago!! Address; Zip Code 263 Market Lan, Clinton Corners, NY 12514
  • 12 November 201237. Natalie E
    Let's Get Smart! Address; Zip Code 8 Vista Drive, 12601
  • 07 September 201236. Sarah H
    yeah green!!! Address; Zip Code 668 Willowbrook Road; 12514
  • 26 August 201235. Tessa S
    this is important! Address; Zip Code 30 Campus Rd., Annandale-On-Hudson, NY 12504
  • 11 August 201234. Kathleen F
    go green Address; Zip Code 12545
  • 09 April 201233. Richard Rc
    We are a wasteful ,inefficient,over consuming society and this petition will help change that. Address; Zip Code 3 Bowdoin Lane,Wappingers Falls NY 12590
  • 31 March 201232. Leslie T
    Green construction should be the ONLY choice Address; Zip Code Millbrook, NY
  • 29 March 201231. Julia W
  • 05 March 201230. Kathy O
    applaud efforts to increase responsibility to the planet. Address; Zip Code tivoli gardens, tivoli ny 12583
  • 25 November 201129. Thomas A
    I support this action. Address; Zip Code 12504
  • 07 October 201128. Linda P
    BUILD GREEN, LIVE GREEN, STAY GREEN: it's the only way to go if we want our children and their children to live in the beautiful world that we inherited!!! Address; Zip Code 12531
  • 02 September 201127. Jonah T
    Retired DEC Deputy Regional Attorney Address; Zip Code 85 Manor Road, Red Hook, NY 12571
  • 20 July 201126. Jeff G
    I support this measure Address; Zip Code Tivoli, NY, 12583
  • 09 May 201125. Bill D
    I see no downside on this Address; Zip Code 12580
  • 05 March 201124. Jeff H
    Dutchess County should set the example and be on the leading edge of green construction and LEED certification Address; Zip Code 70 Mill Rd. Ext., Hyde Park, NY 12538

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