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Stimulus Bill Funds Still Not Reaching Cleantech
The stimulus has had an underwhelming impact on the cleantech sector. Very little of the $36.7b of The American Reinvestment and Recovery Act (ARRA) allocated $36.7b to the Department of Energy (DOE) has gone to cleantech. Nuclear waste cleanup projects and state governments have received most of the money to date. Cleantech funding has been negatively impacted by delays at the state level and states reallocateing funds to address shortfalls in state budgets. by Robert Lahey is the Senior Legislative Analyst at Ardour Capital Investments, LLC . Most of the $787b stimulus bill funds have been spent, but the impact on cleantech has fallen below expectations. The American Reinvestment and Recovery Act (ARRA) allocated $36.7b to the Department of Energy (DOE), but as of June 2010 only $4.5b has been spent and most of it did not go to cleantech companies. Nuclear waste cleanup projects and state governments received a majority of the DOE’s stimulus funds spent to date. The nuclear waste projects, which have received $2.1b, have nothing to do with renewable energy or energy efficiency. State governments, which have received $1.3b to date, are supposed to benefit cleantech through Energy Efficiency Conservation Block Grants, Weatherization Assistance, and State Energy programs. However, we are seeing the potential impact on cleantech diluted because of delays at the state level. Also, many states facing significant budget shortfalls are likely to spend a portion of the funds on programs unrelated to energy. Programs that directly fund cleantech companies have announced significant awards, but the money has not been dispersed. Excluding state nuclear cleanup and state programs, $11.5b has been awarded but not spent. These programs are the most attractive for cleantech companies because there are no state intermediaries to delay or supplant funds. Smart grid companies will benefit significantly as utilities receive $3.9b in matching funds to be spent on smart meters and demand response. The loan guarantee program remains the most well funded and elusive ARRA opportunity. It is sitting on $3.9b in funding (99% unawarded) which can be used to support $34b in loans to cleantech companies ranging from equipment manufacturers to project developers. This program is having serious trouble getting off the ground and we expect that a majority of the funds will remain unspent well into 2011. Progress in the loan guarantee program has been greatly exaggerated. Only one cleantech company has ever received a loan ( Solyndra ), and the 7 companies that have been conditionally approved are applicants from 2008. Conditional approval is a positive step forward in the process, but it does not mean the loan is certain to occur. The absence of real loans is remarkable considering that the program was established in 2005 and has been accepting applications since 2007. Delays are attributable to personnel deficiencies in terms of quantity and quality (limited finance and private sector experience), new restrictions on lobbyists, stringent credit requirements, and mandatory environmental studies that move at a snail’s pace. The Treasury Department grant program is a brightspot for cleantech. Renewable electricity project developers applying for these subsidies are exempt from many of the DOE’s most burdensome requirements. Since this program was launched in August 2009, it has given out $3.6b to 671 projects. While slow progress of ARRA spending is a near-term negative for the sector, we remain optimistic for the long-term impact. The size of these spending programs is unprecedented for cleantech space, and we look for them to have a potentially game-changing affect on the US market. Continue reading
Green Building Law – Is Your Lawyer Ready?
The wave of green litigation has arrived. This means more third party challenges, mushrooming building interest group litigation, and private litigation with a green tinge. These suits will involve not only knowledge of LEED and green building, but also the energy codes and other ancillary regulations. by Shari Shapiro, associate with Obermayer Rebmann Maxwell & Hippel LLP . View her blog on legal issues related to Green Building, available at www.greenbuildinglawblog.com . Recently, the Northland Pines Third Party LEED challenge has exploded, the Washington Building Industry Association sued the State of Washington to enjoin their energy code from taking effect, and a private lawsuit which could potentially turn into green litigation emerged onto the scene. In other words, the wave of green litigation which I first predicted back in 2007 has arrived. What does this mean? 1. More third party challenges–For every building project, there are naysayers. Some will see the Northland Pines challenge as a mechanism for attacking potential development, either during the development process by threatening a challenge, or after the development is completed by filing one. 2. Building interest group litigation mushrooming–If the BIAW challenge in Washington holds water, building interest groups nationwide will attack green building regulations where the only true path to compliance is through energy efficient HVAC equipment. 3. Private litigation with a green tinge–As people occupy green buildings, typical construction challenges emerge. Expect these to incorporate challenges to the “greenness” of the building. These suits will be complex, and will involve not only knowledge of LEED and green building, but also the energy codes and other ancillary regulations implicated in these suits. Green building law has arrived. Is your lawyer ready? Continue reading
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Beyond Petroleum
Can we really ever move beyond petroleum? Traditional fossil fuels like coal and petroleum are so ingrained in our culture and way of life that eradicating them as fuel sources soon is unlikely. We need to think about what we produce and the costs that go beyond the balance sheet: the costs to the environment, to the people that live where our raw materials originate, the cost of the life of a pelican, gull or fish. It is our personal responsibility to consume less and conserve more. by Derrick Mains , CEO of GreenNurture . Follow Derrick on Twitter at @enviralmentalst . As the days go by and the environmental disaster continues to unfold in the Gulf, a question arises: Can we really ever move beyond petroleum? Alternative fuels, solar, wind and the like all hold some promise for the future, but traditional fossil fuels like coal and petroleum are so ingrained in our culture and way of life that eradicating them as fuel sources soon is unlikely. Hidden under various ingredient names, petroleum is used in so many things other than just fuel, it is almost mind boggling: from the makeup you wear, to your toothpaste, the diapers you put on your child, to the computer you are reading this on, dentures, bubble gum, lipstick, moisturizers. Even some brands of vinegar use petroleum. Similarly, coal is such a large part of our infrastructure that moving away from the industry is unlikely in the short term. Almost half of the electricity used in this country comes from coal-fired plants, according to the U.S. Energy Information Administration. So what do we do? Some would tell us that technology will save us, but no matter how good or safe the technology will become there will always be an impact and a risk. Too often we have thought of environmental impact as the carbon footprint of a product, and we have forgotten the core principles behind environmentalism, which are the reduction of pollution, the protection of biodiversity and species, and as the dominant species on the planet, the continuation of life itself. The Gulf spill will have a very small carbon footprint and an even smaller impact on global warming – but its effects will be felt for generations by all of us, flora and fauna included. We, as environmentalists, have spent too much time and effort on issues that are difficult for the average American to grasp: the “hell fire and brimstone” of global warming and the complex tonnage equations of our carbon footprints and how best to offset them. We have spent far too little on the core principles and foundations of the environmental movement. Both global warming and carbon footprints have significant scientific proof, but because their theories and tangibility are difficult to grasp, it is hard to convince the It’s time for full cost accounting and measuring the origin impact. We have to think beyond the carbon footprint or the cost of the raw materials. We need to think about what we produce and the costs that go beyond the balance sheet: the costs to the environment, to the people that live where our raw materials originate, the cost of the life of a pelican, gull or fish. It’s time that we assign someone to represent future generations that think of our impact on them. The cost for blowing up a mountain to access its coal should be much greater than the price paid to the landowner for the land. The cost of the deterioration or destruction of an ecosystem must be much greater than the cost of buying access to its stream or paying a usage fee to a local community. What is the value of a tree, a flower, a mountain or a stream? I would argue their value is incalculable. But in order to move forward, we must value them, and the cost for using them should benefit the common good, the environment itself. Recent events make it clear that we need to change. Unfortunately for those reading this, we will not stop our dependence on oil and coal in our lifetimes. We, then, have an even greater role, one that rarely gets any press or attention: personal responsibility to consume less and conserve more. Continue reading
The Food Revolution: Rethinking Fast Food
Robbie Vitrano , Co-Founder, NakedPizza , and Eric Quick , SVP Operations, Revolution Foods , presented at the 2010 Sustainable Brands Conference in June, not only bringing attention to the growing harmful consequences of fast food, but also providing innovative and real solutions. By Michael D Tam Sustainable Life Media recently held their Sustainable Brands Conference in Monterey, CA. From sustainability executives, to designers and innovators, the event brought together today’s most innovative minds in the business of simultaneously being responsible and profitable, “building the discipline to continually observe, re-design, measure and communicate.” With technology as advanced as it is today, and products and goods sourced from all over the world thanks to globalization, it is easy to forget those issues closer to home. Simpler goods and services, in this case, fast food, have been largely ignored. Despite its pervasiveness in today’s fast paced lifestyle, we have turned a blind eye to its effects and the potential to create profitable yet responsible businesses within the industry. Fast food has been automatically linked to convenience and cheap, affordable food, but seemingly provides, out of its control, an unhealthy diet. But what if the industry could retain these qualities of convenience and affordability, at the same time, provide a variety of healthy options of nourishment? This is the challenge Robbie Vitrano of Naked Pizza and Eric Quick of Revolution Foods have set out to overcome. First, let’s examine the effects of fast food. Childhood obesity has been on the rise. Among children aged 2 to 5 years, obesity has increased from 5% between 1976 and 1980 to 10.4% between 2007 and 2008. Among 6 to 11 year olds, obesity has increased from 6.5% to 19.6%, among 12 to 19 year olds, it has increased from 5% to 18.1%, both during the same period. While this can be linked to a variety of reasons, fast food cannot escape as one of the culprits, if not the main culprit. And on the other end of the spectrum, the consequences of obesity are far and wide, from the most obvious, the health of those affected, to the less conspicuous, with obesity having been labeled as a national security issue due to the health of many new military recruits. Now one may believe that getting rid of fast food will help in the battle against obesity, however, fast food is so prevalent in today’s society that another approach must be considered. And with American children seeing more fast food commercials according to this Businessweek article , the approach seems to call for a more adaptive take on fast food. This is what NakedPizza and Revolution Foods have decided to tackle. According to Eric, Revolution Foods will serve 5 million meals to kids this year, meals that align with their food philosophy of natural and real, right size, not super size, balance, etc. By serving a more balanced and healthy diet to kids in school, Revolution Foods is addressing obesity early on in a child’s life, changing behavior with a healthier foundation and raising school standards on what is acceptable for food and drinks, something the First Lady has gotten involved with as well. Revolution Food’s key goal has been to change how the supply of food arrives to the end consumer and address the nutritional benefits or lack of, in the food itself. And they are not to be taken lightly as they have already established partnerships with organizations such as Whole Foods and Stonyfield . The benefit of serving healthier food to students lies not only in the nutritional aspects but also in the students’ studies as healthier lunches can lead to better behavior and grades in school according to Eric. NakedPizza has added to this movement by creating a healthier pizza, with a “ proprietary crust recipe [that] contains 12 whole grains, nuts, and roots.” And according to Robbie, NakedPizza is about 98% Dominoes business model, 2% social mission, in its effort to spread healthy fast food in the form of pizza. And with that 2% social mission, NakedPizza has already experienced more than 5,000 requests for franchises, had 10 case studies performed on their business, and recognition from media such as its highlight on the NY Times . Rather than labeling fast food as the cause of obesity, they are transforming it into a solution. With its goal to make the fast food industry healthier, NakedPizza seems to have the right idea, the support, and the execution as proven by their success thus far. And so NakedPizza and Revolution Foods have taken on the large yet necessary task of creating a healthy America and have managed to make money doing so. Let’s hope, for the sake of our children’s health and our own health, that they succeed. Photo Courtesy of Jacque Stengel Continue reading
