Sustainability Law Blog

Monday at SW First and Salmon was a glimpse of our transportation future. PGE rolled out the first of fifteen plug-in hybrid charging stations. Toyota brought one of its fleet of five plug-in hybrid Prius cars to demonstrate how the charging station works. PGE has plans to install fourteen more stations around the City, including at OMSI, OHSU and several Burgerville restaurants. The stations operate on relatively simple 220V technology, much like a clothes dryer or large freezer.

The primary advantage of plug-in hybrids over current hybrid vehicles is that the charging station is more efficient than the gasoline-powered engine at charging the batteries. This results in a greater proportionate use of electricity by the vehicle, which can increase gas mileage to close to 100 miles per gallon. Also, assuming the electricity at the power station comes from renewable technology like wind or solar, the carbon footprint of the vehicle is further reduced.

I stopped by Monday and talked to Rich George from PGE about some of the interesting legal issues posed by development of a network of charging stations across Oregon and the nation. First and foremost, who pays for the power -- the customer charging the car, or the host of the station? What role would electric utility regulation play in that relationship? One way to avoid thorny regulatory issues might be to charge for the use of the parking space rather than the electricity. In that case, what role might the Americans with Disabilities Act or similar legislation play? If so many charging stations and parking spaces are installed, must there be a set aside number of spaces with disabled access?

I'm sure these issues will be worked out over time. For now, it is nice to see the first step being taken here in Portland to make plug-in hybrids a reality.

Posted by David J. Petersen, partner practicing in the Sustainability and Real Estate & Land Use Practice Groups.

Posted by Tonkon Torp LLP | Permalink | Email This Post

Posted In: Sustainable Practices

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Earning the U.S. Green Building Council’s Platinum LEED (Leadership in Energy and Environmental Design) certification is no easy task. Because it’s the most stringent standard to which a building or developmental project can strive, until recently there was only one home in the entire state of Oregon and 56 in the nation certified Platinum. But now our client, Teeny Development, LLC, has achieved Platinum LEED certification on its first of 18 townhomes under construction in Lincoln City.

The homes are located in the Villages at Cascade Head residential project and employ cutting edge technology that incorporates sustainable architectural concepts. Because they are made of high-quality concrete “polysteel” construction, the units are extremely efficient and require very little maintenance. The addition of high efficiency windows, doors, ventilation and lights, in addition to solar energy use, geothermal and storm water reclamation and hydronics heating, all equal a highly sustainable design.

The remaining homes in the Maplewood Village subdivision are certifiable at either Gold or Platinum level by the USGBC. The addition of several Platinum certifications is a huge achievement and reinforces the Village’s claim that it is part of the only certified sustainable resort on the West Coast.

Posted by Tonkon Torp LLP | Permalink | Email This Post

Posted In: Green Building

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Governor Kulongoski recently revealed his new comprehensive water strategy initiative, Headwaters to Ocean (H2O). The initiative's primary goal is to "achieve sustainable water supplies and quality to benefit Oregon's people, communities, economy, environment and ecosystems, and fish and wildlife" in the face of the pressures of climate change and rapid population growth. The H2O initiative is part of the Governor's legislative package designed to mitigate the impacts of global warming. To fund this initiative, Governor Kulongoski intends to ask the 2009 Legislature to put a referral bill before voters requesting $100 million from projected lottery dollars per biennium for 10 years. This bill, if passed, would then be placed on the November 2010 ballot. If approved, the H2O initiative would join a new class of climate change-based initiatives funded by lottery dollars.

The use of lottery money to fund climate change-based initiatives seems to be an emerging international concept. For example, the Climate Group, an independent, not-for-profit organization that works internationally with government and business leaders to advance climate change solutions, recently secured €1.5 million (approximately $2.36 million) from the Dutch National Postcode Lottery. The monies will be used to fund a global hub for climate change leadership involving influential state and regional governments around the world, including California and New York. Similarly, an injection of ₤1.25 million (approximately $2.47 million) in lottery funds from the UK's national lottery will help to fund a project aimed at making a small Scottish town, Stirling, the UK's first carbon neutral city.

Given the fact that Oregon is considered a forerunner in sustainability in the United States. Oregon's use of innovative funding to address climate change seems befitting its status as a "green state."

Posted by Jeanette C. Schuster, Attorney practicing in the Sustainability and Real Estate and Land Use Practice Groups.

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Posted In: Climate Change , Sustainable Practices

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Oregon Governor Ted Kulongoski recently outlined his policy proposals for boosting energy efficiency (Click here for a summary of the Governor's remarks). His proposals include net-zero greenhouse gas emissions by 2030 for all new residential and commercial buildings, energy performance certificates on all homes sold in Oregon, a new public awareness campaign, and expansion of the Oregon Business Energy Tax credit (BETC) and the State Energy Efficient Design program (SEED) .

The net-zero energy emissions goal is likely the most important of the Governor’s proposals because buildings are big energy consumers and have a big impact on the environment. The National Renewable Energy Laboratory (NREL) reports that commercial and residential buildings use almost 40% of the primary energy and roughly 70% of the electricity in the U.S. Energy demand is also on the rise, with commercial sector demand doubling in size between 1980 and 2000 and expected to grow another 50% by 2025.

In contrast, net-zero energy buildings produce the majority of their own energy needs over the course of a year. Designed to be exceptionally energy efficient, these buildings are powered by renewable energy sources such as solar panels or wind turbines located on site. Ultimately, net-zero energy buildings could result in less energy consumption despite an expected boom in demand.

Nevertheless, the Governor’s plan will encounter challenges beyond his worries of how to finance the policies. To begin with, there is no single definition of net-zero energy efficient building.

Another concern is that a net-zero energy buildings are not necessarily green or sustainable structures. Builders are not required to use green building methods, such as reducing waste or using recycled building materials, to earn a net-zero structure certification.

All this goes to show that gaining energy efficiency isn't easy. Oregon will have many choices to make, on energy efficiency and other green options, as it marches into a sustainable future.

Posted by Marc Sanchez, Summer Associate at Tonkon Torp LLP.

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Posted In: Renewable Energy , Sustainable Business , Sustainable Practices

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