According to the summary of the American Recovery and Reinvestment Bill by the Committee on Appropriations (Obey, D-WI, Chair) action, and action now, is needed to pull the economy out of a "crisis not seen since the Great Depression." The bill contains targeted efforts to have clean, efficient American energy, summarized by the Committee as:

CREATE JOBS WITH CLEAN, EFFICIENT, AMERICAN ENERGY
To put people back to work today and reduce our dependence on foreign oil tomorrow, we will make investments aimed at doubling renewable energy production and renovate public buildings to make them more energy efficient. America’s energy shortcomings present a huge opportunity to put people to work in ways that will transform our economy.

• Reliable, Efficient Electricity Grid: $11 billion for research and development, pilot projects and federal matching funds for the Smart Grid Investment Program to modernize the electricity grid making it more efficient, secure and reliable and build new power lines to transmit clean, renewable energy from sources throughout the nation.
• Renewable Energy Loan Guarantees: $8 billion for loans for renewable energy power generation and transmission projects.
• U.S. General Services Administration (GSA) Federal Buildings: $6.7 billion for renovations and repairs to federal buildings including at least $6 billion focused on increasing energy efficiency and conservation. Projects are selected based on GSA’s ready-to-go priority list.
• Local Government Energy Efficiency Block Grants: $6.9 billion to help state and local governments make investments that make them more energy efficient and reduce carbon emissions.
• Energy Efficiency Housing Retrofits: $2.5 billion for a new program to upgrade HUD sponsored low-income housing to increase energy efficiency, including new insulation, windows and furnaces. Funds will be competitively awarded.
• Energy Efficiency and Renewable Energy Research: $2 billion for energy efficiency and renewable energy research, development, demonstration, and deployment activities to foster energy independence, reduce carbon emissions and cut utility bills. Funds are awarded on a competitive basis to universities, companies and national laboratories.
• Advanced Battery Loans and Grants: $2 billion for the Advanced Battery Loan Guarantee and Grants Program, to support U.S. manufacturers of advanced vehicle batteries and battery systems. America should lead the world in transforming the way automobiles are powered.
• Energy Efficiency Grants and Loans for Institutions: $1.5 billion for energy sustainability and efficiency grants and loans to help school districts, institutes of higher education, local governments and municipal utilities implement projects that will make them more energy efficient.
• Home Weatherization: $6.2 billion to help low-income families reduce their energy costs by weatherizing their homes and make our country more energy efficient.
• Smart Appliances: $300 million to provide consumers with rebates for buying energy efficient Energy Star products to replace old appliances, which will lower energy bills.
• GSA Federal Fleet: $600 million to replace older vehicles owned by the federal government with alternative fuel automobiles that will save on fuel costs and reduce carbon emissions.
• Electric Transportation: $200 million for a new grant program to encourage electric vehicle technologies.
• Cleaning Fossil Energy: $2.4 billion for carbon capture and sequestration technology demonstration projects. This funding will provide valuable information necessary to reduce the amount of carbon dioxide emitted into the atmosphere from industrial facilities and fossil fuel power plants.
• Department of Defense Research: $350 million for research into using renewable energy to power weapons systems and military bases.
• Alternative Buses and Trucks: $400 million to help state and local governments purchase efficient alternative fuel vehicles to reduce fuel costs and carbon emissions.
• Industrial Energy Efficiency: $500 million for energy efficient manufacturing demonstration projects.
• Diesel Emissions Reduction: $300 million for grants and loans to state and local governments for projects that reduce diesel emissions, benefiting public health and reducing global warming. This includes technologies to retrofit emission exhaust systems on school buses, replace engines and vehicles, and establish anti-idling programs. 70% of the funds go to competitive grants and 30% funds grants to states with approved programs. Last year EPA was able to fund only 27% of the applications received.

See the entire Committee on Appropriations summary. We'll all be watching Congress as they consider the bill in the next few weeks and its environmental and green provisions. Stay tuned for action!

Kelly Doria, an associate at Ice Miller, wrote this blog.  I thought it was interesting.

Although the issue of climate change disclosure has generated much attention over the last few years, the SEC has yet to establish specific guidance on climate change related securities disclosures.  But, this inaction has not stopped the state of New York from taking the lead by demanding climate change disclosures in public securities filings.

The New York State Securities Law, commonly known as the Martin Act, principally focuses on investigation and enforcement powers in preventing the investing public from fraud (compared to other states' Blue Sky laws that focus on the registration of securities).  The Martin Act permits the New York attorney general to file civil or criminal charges of fraud in connection with the offer and sale of securities in and from the state of New York.  In September 2007, New York Attorney General Andrew Cuomo subpoenaed the executives of several public energy companies (AES Corporation, Dominion Resources, Inc., Xcel Energy, Dynegy Inc. and Peabody Energy) for information on whether public disclosures to investors in filings with the SEC adequately described the companies' financial risks related to the emissions of global warming pollution.

In an agreement announced October 23, 2008, Dynegy Inc., a Delaware corporation headquartered in Texas and traded on the NYSE, agreed to provide disclosure of material risks associated with climate change in its next annual report on Form 10-K.  Pursuant to the agreement, the required disclosure includes an analysis of material financial risks from climate change related to:

• Present and probable future climate change regulation and legislation;
• Climate-change related litigation; and
• Physical impacts of climate change.

Dynegy also committed to disclosing:

• Current carbon emissions;
• Projected increases in carbon emissions from planned coal-fired power plants;
• Company strategies for reducing, offsetting, limiting or otherwise managing its global warming pollution emissions and expected global warming emissions reductions from these actions; and
• Corporate governance actions related to climate change, including if environmental performance is incorporated into officer compensation.

A similar agreement was also reached with Xcel Energy in August 2008, while the investigations continue for AES Corporation, Dominion Resources, Inc. and Peabody Energy.

Voluntary climate change disclosures is a likely trend for oil and gas companies in 2009, but expect these disclosures to expand to other industries in the near future.

Or so said John Doerr at the U.S. Senate Committee on Environment & Public Works briefing titled, "Investing in Green Technology as a Strategy for Economic Recovery."  The noted venture capitalist, a partner at Kleiner Perkins Caufield & Buyers, urged Chairman Barbara Boxer (D-CA) and the committee to encourage the enactment of vital policies to ensure speed and scale in addressing green technology.  Advocating for a unified national smart grid and a price on carbon/carbon emissions, among other policy objectives he identified as vital, Mr. Doerr stressed that the United States must account for the cost of emitting greenhouse gases.  Stating that, "battery-breakthrough's are the holy grail of greentech," Mr. Doerr cautioned that ingenuity and entrepreneurship must be fostered and developed domestically so that the United States is not left in the dust of its global competitors.  Mr. Doerr's remarks followed the introduction by Tom Friedman, author of Hot, Flat and Crowded: Why We Need a Green Revolution, who in colorful terms described the need to simulate massive innovation by a price signal.  Mr. Friedman did not advocate for a mechanism but prescribed that it must be accurate in speed, scope and scale.   After all, he reminded the panel, Green IS the new Red, White and Blue.  For a full replay of the hearing, go to http://epw.senate.gov/public/ under the "majority" page and view the recent webcast.

President-elect Barack Obama's appointments for key environmental and sustainability posts are getting mixed reviews.  Commentators are varying from saying this is a "sea-change" from the Bush postings to noting that the appointments are seasoned government insiders. The green team includes:
 
Energy Secretary - Steven Chu, professor of physics and molecular and cell biology at UC Berkeley and director of the Lawrence Berkeley National Laboratory. Mr. Chu's appointment signals a focus on science by the administration, but some have noted that he does not have the political credentials to be effective. Having called coal "his worst nightmare," Midwestern states like Indiana will have to closely follow his coal policy and his stated interest in cap-and-trade regulation.
 
Assistant to the President for Energy and Climate Change (Energy "Czar") - Carol Browner, former EPA administrator.  Noted as "well-vetted and safe" she was also widely criticized during her tenure with the Clinton administration as remaining silent during key determinations on EPA programs. However, Ms. Browner has clearly impressive credentials and is well-known to those inside Washington and in the environmental community generally.
 
EPA Administrator - Lisa Jackson, Governor Jon Corzine's chief of staff, previously head of New Jersey's Department of Environmental Protection. Ms. Jackson brings the view of the east coast in to the green team. So far she is the least well-received of the appointments, with environmentalists criticizing her track record at the state.
 
Chair, White House Council on Environmental Quality - Nancy Sutley - deputy mayor, Los Angeles. Ms. Sutley is another Californian in the mix. With Boxer and Waxman chairing the key legislative committees, west coast voices are now the power block on climate change.

Interior Secretary - Ken Salazar, Colorado Senate, is being criticized by environmentalists for his ties to ranching and traditional energy policy and his record in the Senate.

Media outlets are reporting that President-elect Obama delivered a videotaped message to California Governor Schwarzenegger's climate change summit vowing quick action to curb emissions and engage in international talks.  Does this mean that climate change legislation is coming?

Conventional wisdom has been that given the current fragile economy it would be unlikely that Congress could be able to enact a cap-and-trade regime until the economy recovers.  However, according to MSNBC, Obama's message told the scientists, executives, governors and foreign officials gathered at the conference that "[y]ou can be sure that the United States will once again engage vigorously in these negotiations, and help lead the world toward a new era of global cooperation on climate change."  (See Obama: Warming must be tackled now at www.msnbc.com)  Obama said that he will establish strong annual targets that set the United States on a course to reduce emission to their 1990 levels by 2020 and reduce them an additional 80% by 2050.  He said that his goal of $15 billion a year in incentives to get private capital moving towards clean energy technologies would produce five million green jobs that "pay well and can't be outsourced."

Pundits have been saying that Congress is not likely to act on a bill to tackle global warming.  However, that does not stop the new administration from enacting administrative actions.  Options for climate change regulation include not only legislation on cap and trade policy, but executive orders and regulation, such as pursuant to the clean air act, or litigation based changed brought by public interest environmental law groups to force judicial decisions on these issues.  With opposition to regulation under the Clean Air Act for greenhouse gas emission growing, the opponents are bracing themselves for the initiation of Environmental Protection Agency (EPA) rulemakings and are scrutinizing the EPA's proposed advanced rulemaking.

In any case, President-elect Obama feels the time has come..."Now is the time to confront this challenge once and for all," Obama concluded.  "Delay is no longer an option.  Denial is no longer an acceptable response.  The stakes are too high.  The consequences, too serious."

Blog written by Mark Grant.

Last week, Congressman Dan Burton held a congressional hearing on green initiatives at the Keep Indianapolis Beautiful offices.  This hearing brought together various constituents to discuss primarily green building.  There were two panels presenting information.  The first panel was primarily composed of LEED-certified individuals from the architectural and construction industries.  The second panel, on which I spoke, included David Pittman from the Governor's Office, Kären Haley from the City of Indianapolis, Alexia Donahue-Wold from the City of Carmel, and Dave Sommer from Trane.  Kären was recently appointed by Mayor Ballard as the Director of the new Office of Sustainability for the City of Indianapolis.

This congressional hearing was a great way for the various constituents to discuss green initiatives not only with and among each other, but also to present issues and concerns to the Congressman.  Various members of the Congressman's staff were on hand, accumulating information.  These constituents now have a baseline for conversations with the Congressman's office on these various green initiative issues.

It was exciting to see how this green initiative discussion has moved into the forefront of these various governmental offices - the State, major cities and the Congressman's office.  The Congressman was very interested in discussing ideas and finding ways to incentivize developers and owners to undertake green building strategies in development.  One of the major topics discussed with green building was energy conservation and timeliness of energy conservation with the current world markets.  I look forward to the continuing dialogue among the various constituents.

I received a letter today as a US Green Building Council (USGBC) member from Rick Fedrizzi the CEO, President and Founding Chair of USGBC.  It was interesting to read his take on what will happen to the green building movement in a world where the financial crisis has stolen the headlines.  Mr. Fedrizzi's position is that it is "greed that led the world economy into crisis."  He takes that position that this greed will not defeat our commitment to good work.  "Fear will not dominate our agenda.  And our commitment to change - even in the face of so great a challenge - will not waver."

Mr. Fedrizzi continues that "Change doesn't wait on Washington. And it doesn't depend on Wall Street. Change comes from within."  The green building movement has been demonstrating that fact for more than 15 years.  Before there was a single government green building policy, before the business community stood up and took notice, before there was a LEED - there was you. Thousands upon thousands of committed individuals dedicated to doing better by doing good.  You've built this movement.  You're building sustainable communities.  And every single one of us has a contribution to make towards pulling our country out of this crisis."

I think that Mr. Fedrizzi's justification can be used to contemplate that more than green building - but green development, clean technology and the associated green jobs  -  will pave the way for a brighter economic future.  "It will save money.  It will save energy.  It will help save our climate.  And directly relevant to today's economic environment, it will create good, green, local jobs."  His example is that USGBC estimates that a 100% commitment to greening existing commercial buildings alone would create more than 1.5 million new opportunities for employment for out of work Americans.

While I think it is oversimplifying social, business and cultural issues to say that greed got us here, I can agree that green can lead us out.  Doing well by doing good is both a sustainable business and sustainable environmental message.  If getting everyone in our business communities to be "greedy" - "greedy" in energy savings, "greedy" in job creation in our state, "greedy" in the reduction of greenhouse gas emissions, then I say environmental greed is good.

With all of the talk of economic stabilization, recession, toxic debt, and presidential debates, green development discussions can get pushed to the curb. However, climate change is a hot topic among the presidential contenders. As part its efforts to address the country's economic situation the House approved H.R. 1424, the Emergency Economic Stabilization Act of 2008 (the Act) on October 3rd. The Senate passed the bill on October 1, 2008. President Bush signed the legislation.   While the purpose of the Act was not "green" legislation, several provisions of the Act, especially those relating to bond development, were included and further green development opportunities. As summarized by the National Association of Bond Lawyers the provisions include:

• Another $400 million in Qualified Zone Academy Bonds (QZABs) authority for 2008 and 2009;
• $800 million in new Clean Renewable Energy Bonds (CREBs) authority and extension of the termination date for existing CREBs by one year;
• Extension and modification of the authority to issue Green Building and Sustainable Design Project Bonds (Green Bonds) until 2012;
• Tax-exempt bond relief to federally declared natural disaster areas in 2008 and 2009; and
• A new category of tax-credit bonds called Qualified Energy Conservation Bonds (see www.nabl.org). These and other provisions of the legislation address climate change and sustainability matters. Stay tuned for further developments!

By Paul M. Jones, Jr.

 

The INdiana Sustainability Alliance (INSA), a statewide network focused on sustainability issues, hosted its second event since its official launch earlier this year.  On June 12, 2008, more than 50 people gathered to hear about the sustainability commitment of Cummins, Inc. 

 

The event featured Michael F. Molnar, Director - Environmental Policy and Sustainable Development at  Cummins, who highlighted initiatives and projects of the company.  Mr. Molnar also answered questions from the audience on a wide range of issues, from how Cummins achieves investment return on its projects, to the internal marketing plan and posters that company established.  Mr. Molnar provided unique insight into how a business can achieve sustainability goals that positively impact a firm's bottom-line. 

 

Cummins is part of the Dow Jones Sustainability Indexes, and publishes the company's Sustainability Report on its website (www.cummins.com). 

By Paul M. Jones, Jr.

 

At the June 12, 2008 event, INSA announced that its next event will be hosted by Vectren in Evansville.  INSA is partnering with Vectren and USGBC Indiana to provide a half-day LEED Workshop for Contractors, followed by a panel discussion on the challenges and opportunities presented by green building.  The Mayor of Evansville, Jonathan Weinzapfel, will provide a welcome address at noon prior to the LEED workshop.  More details on this event will follow in the next few weeks.  Please stay tuned.

By Paul M. Jones, Jr. 

 

After a friendly hour of networking, Gerry Dick quickly got to work with the group that had assembled to discuss “going green in Indiana.”  Based on the topics discussed, the color “green,” though at times prevalent, was not the only color harkened in one’s imagination.  Grey, black, brown, white and blue were colors often more reflective of the imagery as the discussion raced from the blank pavement surfacing the entire Indianapolis landscape when looking out across the city from several floors up in an office tower to the coal which predominantly powers our state.  From the riveting discussion of “trash-to-gas” potential in Indiana to white reflective roofs, one of which will soon grace the Keep Indianapolis Beautiful headquarters, and to the Colts and the opportunities presented by the Super Bowl in just four short years.  Those were just a few of the colors, images and topics covered by the enthusiastic group. 

 

What seemed to materialize in the course of conversation was evidence of both Indiana’s leadership and Indiana’s potential.  On one hand, Indiana is a leader or will soon be a leader in the United States for wind development, biofuels, cellulosic fuels, hybrid battery technology and a host of cleantech industries.  On the other hand, when compared to other states (or countries), Indiana lacks a renewable portfolio standard (like many  other states), an attractive state tax credit (like Iowa or Ohio) to foster both solar, wind and biomass development and manufacturing of components like solar panels, wind turbines, etc., and by and large Indiana as a whole, while increasingly attentive to these issues, lacks education and/or the will to make changes in behavior that have been made (or forced) in other states.   

 

There was some debate over the tension between allowing market forces to control versus using government revenues and/or mandates to speed things along.  Politics aside, great ideas flowed and opportunities are clearly here in the Hoosier state.  The challenge is how to bring resources, education and the will to accomplish the possibilities, but we seem to be on the right track.

After an inspirational keynote address by Wayne Zink at the recent Indiana Finance Authority Sustainability Workshop, it reminded me that not all green industries news is legislative and legal.  Wayne, the CEO of Endangered Species Chocolate (ESC), reminded attendees at the workshop that you can also do well by doing good.  ESC has a core value of Reverence for Life, which is modeled after renowned humanitarian Albert Schweitzer’s ethic of the same name.  ESC believes all life is precious and deserving of our respect, kindness and care, and this Reverence for Life ethic is at the heart of each our business practices.  They have colorful wrappers to serve not only to increase awareness of species currently listed as threatened or endangered on the U.S. Fish and Wildlife’s Endangered Species List, but to inspire proactive conservation for animals confronting universal struggles such as habitat encroachment, poaching and pollution. Their products aims to honor all flora and fauna that share this planet.  Luckily, their chocolate is easy to find and produced locally so you can buy it on one of your regular shopping trips to Whole Foods or Target without an extra trip to impact carbon emissions.

Maybe it is being eight months pregnant, but at the top of my list with chocolate is cheese, oh, and ice cream, so I'll also recommend another Ice Miller client, Traders Point Creamery (TPC).  TPC is a family owned artisan dairy located in Zionsville, Indiana.  Traders Point's herd of Brown Swiss spend all of their time on pastures and they milk 60 to 90 cows each day throughout the year. TPC also purchases milk from a sister farm in Southern Indiana.  Both farms are certified organic by the USDA.  They never use synthetic fertilizers, pesticides or herbicides on our land and its cows never receive antibiotics or synthetic hormones.  They produce pure fresh creamline whole milk, chocolate milk, plain and fruit yogurts.

I've recently learned of a natural beef producer as well.  If you are a devote carnivore you can still buy locally!  Consider Lone Pine Farms, Moody Meats, Inc., for locally raised product or custom processing.  Add an organic vegetable as a side from the Traders Point Creamery Farmer's Market or one of the other markets around the city, serve with the cheese and have ESC chocolate for desert for a complete summer meal.  See you at the Creamery!

The INdiana Sustainability Alliance (INSA) hopes to repeat the success of its first event in an upcoming event next month.  The event, which will be held June 12, will feature Cummins, Inc. representatives, including Michael F. Molnar their Director of Environmental Policy and Sustainable Development.  Mr. Molnar will discuss the sustainability efforts of Cummins.  Cummins is part of the Dow Jones Sustainability Indexes and publishes the company's Sustainability Report on its Web site (www.cummins.com).  The event will be held at the Kite Auditorium, 30 South Meridian Street, Indianapolis, Indiana.  The presentation begins at 6:00 p.m., followed by networking and food until 8:00p.m.

INSA promotes the growth of the sustainable development, green building, renewable energy, water management, and clean technology industries in Indiana.  Founding partners of INSA include the Indiana Chapter of the United States Green Building Council, the Indiana Department of Energy and Defense Development, the Ball State College of Architecture Planning Indianapolis Center, the Richard G. Lugar Center for Renewable Energy, Ice Miller LLP, Clean Wave Ventures, LLC and Knoefler Enterprises, Inc.

For further information and to register for the June 12 event, visit INSA on the Web.

The Indiana Department of Environmental Management reminded businesses, schools and municipalities that you have until August 29th to apply for Pollution Prevention Grants. The grants are designed to help organizations implement prevention activities and processes. The "P2" grants require a 50% cash or in-kind match, but there are exceptions for MBE/WBE, small businesses and others.  Matching grant funds of up to $250,000 are available.

 

Recent grants have been awarded for:

• Church Brothers Collision Repair (Marion County): Awarded $63,584 to convert four of their locations to use waterborne basecoat paint. This will replace the current paint that has a higher amount of volatile organic compounds (VOC), reducing VOC emissions into the air.
• The Muncie Sanitary District (Delaware County): Awarded $45,000 to purchase reusable bags and distribute them to local grocery stores. The grant will also go toward measuring the amount of plastic and paper saved through the reusable bag program.
• Nimet Industries, Inc. (St. Joseph County): Awarded $14,933 to install an electroless nickel dialysis machine in order to reduce the amount of waste that is produced from their metal finishing process.
• Harrison Steel Castings Company (Fountain County): Awarded $100,000 to reduce the amount of resin in their chemically bonded sand molds. This will reduce the amount of volatile organic compounds released into the air.
• Hill's Pet Nutrition Indiana, Inc. (Wayne County): Awarded $71,000 to install a water conservation system and reduce the facility’s wastewater discharge by millions of gallons.
• Frito-Lay, Inc. (Clinton County): Awarded $50,000 to design and install a waste heat recovery system that will significantly reduce energy consumption.
• Saint-Gobain Containers (Jay County): Awarded $30,000 to install and test an energy efficient compressed air system, used for the first time in the United States.

Go to www.idem.in.gov/prevention/p2grants for additional information.

Paul Jones, an associate at Ice Miller, wrote this recently posted blog.  I thought it merited posting here.

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“Retention and reuse of older buildings is an effective tool for the responsible, sustainable stewardship of environmental resources,” stated Richard Moe, President, National Trust for Historic Preservation: at a dinner last December where Moe was honored by the National Building Museum with the Vincent Scully Prize for his work on historic preservation.  Moe went on to state that “[N]o matter how much green technology is employed in its design and construction, any new building represents a new impact on the environment.  The bottom line is that the greenest building is one that already exists.”

 

Moe is not alone in seeing the critical interplay between historic preservation and sustainable development.  I’m with him, which is why when I was recently asked by the Indiana Chapter of the United States Green  Building Council to speak to its members and guests about tax incentives for sustainable development I could not resist the opportunity to talk a little bit about federal historic rehabilitation tax credits.  Federal income tax law has allowed for many years two credits , a 10% credit for pre-1936, non-certified historic structures, and a 20% credit for “certified historic structures”.  The credit amount equals credit rate (10% or 20%) multiplied by amount of “qualified rehabilitation expenditures”. 

 

The 20% credit provides the historic developer a source of funds with which to fund gaps in financing.  The source is tax credit equity provided by an investor or investors willing to become an owner of the project for 5 years in return for tax credits generated by the project expenditures.  For example, assuming the project has $10M of qualified rehab expenditures (defined below), the project owner (a partnership for federal tax purposes) has $2M in federal tax credits to pass through to its owners.  The project owners can typically raise 85-95% of the $2M in the form of tax credit investor equity. 

 

There are four basic requirements to consider, though other requirements and limitations(such as those related to tax-exempt use of the property) may apply

 

Must involve a “certified historic structure” 

• Building is listed in the National Register of Historic Places maintained by the Dept. of Interior pursuant to the National Historic Preservation Act of 1966; or
• Building is located in a “registered historic district” and certified by the Secretary of the Dept. of Interior as being of historic significance to the district

Must result in “qualified rehabilitated building” 

• Must be a “building” (apartments, factories, office buildings, warehouses, barns, garages NOT bridges, boats, trains, storage tanks, kilns, ovens)
• Building must be “substantially rehabilitated”

Must have “qualified rehabilitation expenditures” 

• Costs associated with renovation, restoration or reconstruction which are chargeable to the capital account for property which is depreciable (Hard construction costs, Walls, floors, ceilings, Windows and doors, Plumbing, electrical, lighting, Construction period interest, taxes and insurance, Architectural and engineering fees, Legal fees related to construction, Reasonable developer fees, Historic consultant fees
• Certain costs NOT included (Building acquisition costs, Enlargements and new additions, Landscaping, parking lots, sidewalks, Outside environmental cleanup, Building demolition costs, Appliances, Furniture and other personal property, Cabinets and carpet (unless permanently affixed), Feasibility and marketing costs

Must be a “certified rehabilitation” 

• Rehabilitation of a certified historic structure must be certified by the Secretary of the Dept. of Interior in order to qualify for the credit
• Three part application process involving the State Historic Preservation Officer (SHPO) and the Dept. of Interior

As mentioned above, other limitations and special rules apply, but historic rehabilitation tax credits can serve as one of the many incentives potentially available to finance sustainable development.

April 28th was proclaimed Biofuels Day in Indiana by Governor Mitch Daniels.  The announcement came that same day at the informative South Shore Clean Cities, Inc. conference, "Biofuels:  Moving Indiana Forward."

 

The conference featured a diverse group of speakers including Congressman Pete Viscloskey and representatives for Congressman Joe Donnelly and Senator Richard Lugar, along with representatives from state government, industry, agricultural associations and the research community.

 

The challenges to further development of the biofuels industry in Indiana (and elsewhere) were highlighted by nearly all the speakers.  They included:  economics costs, technical reliability of the energy products, social acceptance and appropriate government policies.

 

Some of the discussion highlights included: 

• Next generation research in other energy sources such as hydrogen, solar, batteries and fuel cells.
• Product quality and much needed technical standards. These are extremely important to companies such as Cummins, Caterpillar, and US Steel (all of whom spoke at the conference) who currently use biodiesel blends but also must ensure compatibility between these fuels and their engines.
• Infrastructure and distribution are improving. Indiana State Department of Agriculture representatives reported on the significant progress made in Indiana making E85 and biodiesel publicly available. In May 2005, there were no E85 fueling stations in the State. Today, there are 101, and Indiana ranks 3rd in the nation in pumps - behind only Minnesota and Illinois.

Collaboration was a consistent theme as well.  The Indiana energy office, as an example, is working with counterparts in three other states (KY, TN, and AL) to create an I65 corridor that spans all four states.  This would ensure that motorists are never more than 1/4 of a tank to the nearest E85 station.  Since the inception of the program in 2006, Kentucky has added four stations, Tennessee 20 and Alabama 4.  All states had no stations open prior to the start of the project.

 

There clearly is a growing recognition that our support for alternative energy sources must be about more than building ethanol and biodiesel plants around the state.  While there admittedly has been significant production increases in the last few years, emphasis must be placed on next generation technologies, continued distribution efforts, technical standards, adequate government policies and most importantly on key partnerships to ensure a successful transition to alternative energy.

The Green Commission reconvened on Thursday, April 24th after a hiatus during the transition of administrations in city government. The commission hosted Deputy Mayor Nick Weber who spoke on the role of green development in for the city. Deputy Mayor Weber was followed by Department of  Public Works (DPW) Director David Sherman who outlined the goals of the DPW, including water conservation, energy conservation though fleet management and a study of city groups to see how the city can be made greener.  Tim Method then outlined the primary green steps the city plans to take in 2008, including:

 

1. Energy efficiency and conservation and the implementation of an energy conservation policy city-wide;

2. Purchasing by the city of eco-friendly products and implementing purchasing policies;

3. Traffic light conversion to LED;

4. Green building practices;

5. Decreasing fuel consumption (fleet management practices);

6. Reviewing public transportation options and strategies;

7. Internal city-wide recycling programs; and

8. Natural resource area focus - stormwater design manual and CSO long-term control plan.

 

The commission also heard updates from community and green commission members including the new Indianapolis Chamber of Commerce Green Business Initiative (6 companies, including Ice Miller LLP have met the criteria as a green business), the Indiana Sustainability Alliance (look for a new event hosted by a major manufacturer on its green practices), Keep Indianapolis Beautiful (planning on moving into its new headquarters in June) and Eli Lilly (discussing the green aspects of its Day of Service).

 

The commission agreed that its next steps would be to have the work groups convene to determine the top 1 - 3 priorities in each area so that the commission can establish the key implementation steps and recommend those to the mayor's office for consideration. The commission plans to meet in June to discuss the priorities. Interested parties can contact Tim Method at DPW to join the list serve to receive updates on the commission.

Earth Day Greetings! What is Earth Day and why does it matter to your business? Earth Day was founded to put environmental issues on the nation's political agenda. It certainly is on the national agenda in 2008. Do you feel inundated by news stories about going green? Just today I heard on the radio how one national cafeteria vendor is incorporating the slow food movement into their cafeteria management by going on a low "carb" diet, which in this case is a low-carbon emitting plan, read about how one San Francisco Air District is weighing fees on greenhouse gas emissions and learned about the Environmental Protection Agency's new initiative to encourage the building industry to adopt green building practices and to enhance public awareness of the benefits of green buildings.

 

Why does this matter? Because customers and consumers are hearing the same messages. Editorials are changing from when is the United States going to address environmental impacts to how. As green takes center stage, we are facing a heightened awareness and a more educated consumer base. So, has the original Earth Day goal been met? Is the environment on the political agenda? One can argue that it is. One commentator today discussed whether the next president of the United States will be able to undertake climate change as a legislative priority and one Indiana gubernatorial candidate is running a platform of creating Green Collar jobs in Indiana.

 

"Five months before Earth Day, on Sunday, November 30, 1969,  The New York Times carried a lengthy article by Gladwin Hill reporting on the astonishing proliferation of environmental events: 'Rising concern about the environmental crisis is sweeping the nation's campuses with an intensity that may be on its way to eclipsing student discontent over the war in Vietnam...a national day of observance of environmental problems...is being planned for next spring...when a nationwide environmental 'teach-in'...coordinated from the office of Senator Gaylord Nelson is planned....'" With a change in terminology to green, sustainable and renewable, there is again a proliferation of reporting on environmental events and a renewed sense of enthusiasm and energy for Earth Day, 2008.

 

Ice Miller is celebrating Earth Day by renewing its commitment to being a green business and by joining the Greater Indianapolis Chamber of Commerce Green Business Initiative.  Ice Miller has pledged to continually strive toward green business practices, and to operate to conserve natural resources and eliminate waste. For more information on the Greater Indianapolis Chamber of Commerce's Green Business initiative, email GreenBusiness@indylink.com.