FTC Issues New Green Marketing Rules

Cracking down on misleading claims of environmental friendliness in marketing materials for numerous products and technologies, the Federal Trade Commission has issued new rules respecting the use of terms like “degradable” and “carbon offset” in advertising materials and on product packaging. Proponents of claims that products are “environmentally friendly” will be expected to produce competent and reliable scientific studies backing up their claims. Use of misleading certifications and seals of approval could subject advertisers to penalties. The guidelines discourage use of ambiguous phrases like “renewable materials” or “renewable energy” in favor of specific information about the materials and energy sources used in product manufacturing.

Wind Farm Nuisances

The “clean, green” wind generated electrical power from rapidly rising wind farms across America has brought nuisance lawsuits in Illinois, Massachusetts, Pennsylvania, Texas and Wisconsin, contending that turbine noise and vibration from nearby windmills has driven down the value of neighboring residential property. Whether this is just another example of NIMBY, or whether it will become a growing problem for regulator responsible for locating wind power production facilities remains to be seen.

Green Schools Appropriations Pass House

May 14 the House of Representatives passed HR 2187, the 21st Century Green High-Performing Public School Facilities Act. Replacing appropriations cut from the stimulus legislation in the Senate, the bill appropriates $6.4 billion for modernization, renovation and repairs to public school buildings to improve health, safety and energy efficiency. The funds may not be used for building new schools. The money may be used for repairs and upgrades to roofs, HVAC, fire, health, life safety and seismic code requirements, ADA accessibility, asbestos, lead, PBC mold and mildew abatement, noise reduction, reducing consumption of coal, electricity, natural gas, oil or water, post consumer recycled materials on playground equipment, and a few other esoteric "green" modernizations.

There is also a separate appropriation of $600 million over six years for rebuilding schools damaged by hurricanes Rita and Katrina.

Funds may not be used to pay maintenance costs, or for construction of any athletic facility charging admission to the general public. "Buy American" requirements for iron, steel, and manufactured goods are included in the bill, along with contracting preference requirements for local, small business, minority, women and veteran owned contractors. In 2010, 50% of any grant must be used for green construction, with the percentage increasing ten percent a year up to 100% in 2015. Finally, the bill prohibits earmarking of any of the funds.

It will be most interesting to see how this legislation fares in the Senate, which cut these very appropriations from the stimulus bill.

House Committee Approves $20 Billion Green Schools Initiative

Making up for the deletion of an important program which had been originally included in the Obama administration's economic stimulus legislation, Wednesday the House Education and Labor Committee voted out a bill appropriating $20 billion over the next five years for construction to improve the energy efficiency of school buildings across the country. On a largely party line vote of 31-14, the panel passed the construction program for improving safety, health and energy efficiency of public school buildings, with $6.4 billion to be spent in fiscal 2010. According to Education and Labor Chairman George Miller, "This legislation presents us with a vital opportunity to help boost student achievement, enhance teachers' effectiveness, generate savings for schools and create good jobs, all at once."

Stimulus Funded "Green Jobs" Begin Sprouting

Announcements of green job creation from around the nation last week were poking up like the jonquil sprouts in my back garden. Conservation Services Group, an energy efficiency consulting firm headquartered in Westborough, Massachusetts has begun hiring 200 employees, a 50% increase in its workforce, for stimulus funded projects in 22 states. California's Governor Schwarzenegger announced the creation of California Green Corps, a 1,000 person pilot program to train young adults for solar panel installation and wind turbine manufacturing jobs over the next 20 months. Indiana Governor Mitch Daniels has begun distributing $132 million in stimulus money to not-for-profit organizations for low income homeowner weatherization projects, an 11 fold increase in that state's energy assistance program. Steven Horsford of Nevada, Senate Majority Leader, announced that his state will devote $37 million in stimulus appropriations to weatherization of low income housing, schools, and other public buildings in his state.