State and local governments across the country are responding to the fact that Americans overwhelmingly want “government to try to reduce future global warming” through green building which “government should encourage with tax breaks” (.. above all other possible solutions).

National Science Foundation Poll

In a nationally representative poll of 1,000 adults earlier this month sponsored by Stanford University with a grant from the National Science Foundation, when respondents were asked if they thought the world’s temperature probably been going up over the past 100 years, 74% responded “yes.” And 75% responded that that “things people do” are responsible for that rise in the world’s temperature.

An overwhelming 76% of respondents believe that government should limit the amount of greenhouse gases thought to cause global warming. That percentage (more than 3 out of 4 Americans) is compelling in sending a message to elected officials when so many issues of the day (from immigration to same sex unions) carry a bare majority in red or blue states.

Encouraging Green Building

Most significantly, when further queried 80% of respondents want “government to try to reduce future global warming” through green building of offices and homes that use less energy. When asked specifically what government should do to reduce future global warming, 56% of those polled favor green building which “government should encourage with tax breaks.” Only 24% of respondents favor government mandating green building by law.

Encouraging green building with tax breaks polled higher than any other possible government response to global warming.

That is, encouraging green building with tax breaks polled higher than government requiring “building cars that use less gasoline” (only 31% favored) or mandating “building air conditioners, refrigerators and other appliances that use less electricity” (which only 29% favored). And the respondents oppose increasing taxes on electricity (by 78%) and oppose increasing taxes on gasoline (by 71%) aimed at reducing consumption.

The poll also revealed that a significant majority, 56% of respondents, believe “the United States doing things to reduce global warming will help the economy.” This undercuts the perception that the country cannot afford to reduce energy use and increase stewardship of the environment.

New Laws

The oil spill from the Deepwater Horizon will all but certainly spur enactment of energy legislation in Congress, but any larger Federal effort on climate change, be it cap and trade or the like, remains moribund. A bill introduced earlier this month by Senator Richard Lugar, Republican of Indiana, may portend the will of the people and sentiment of the national government, when he proposes no cap on carbon, but rather incentives for alternative fuels and targets for improved energy efficient building performance measures for new residential and commercial construction. Included in his bill, the Federal government would “support” updating the model building energy codes and standards at least every 3 years to achieve energy savings, with a 30% reduction in energy use by May 1, 2012, relative to a comparable building constructed in compliance with the Standard 90.1-2004.

That pending Federal legislation accepted, most of the action in this arena has been and all but certainly will in the short and mid-term continue to be energy efficient enactments at the state and local government level. Today, at least 33 states and 2020 local governments provide for incentives for green building, with tax breaks the most common.

Conclusion

Americans believe that human beings are contributing to climate change. A huge percentage (80% of respondents in this survey) want government to work toward reducing future global warming through green building, which the largest percentage of those polled (56% of respondents) believe government should encourage with tax breaks.

We work with a broad breadth of businesses, including assisting owners in determining how new environmental laws will impact their costs and what decisions must be made now to take advantage of and thrive in what is an emergent regulatory environment. We assist in planning to avoid obsolescence with clients participating in a real estate market shaped by regulation and incentives; much of that work being done by ajhon Sustainable Systems Integrator, a non-legal affiliate of our law firm.

If we can assist your company, including in a matter of green building or sustainable business, please contact Stuart Kaplow.