Page 8 - The NY Cooperator September 2019

8 THE COOPERATOR — SEPTEMBER 2019 COOPERATOR.COM CONT... The Advocate The Cooperator : Outside of the pass- ing of the Climate Mobilization Act, what compelled you to consider attor- neys’ involvement in environmental is- sues, on behalf of their clients? William McCracken: “I worked on the environmental law journal in law school, so my interest in the area goes back years. worked with boards understands the I don’t know how anyone can read the conservatism and short-term outlook news or even go outside anymore and not via which things often happen in asso- be aware that climate issues are increas- ingly important. Fortunately, the new But it makes an attorney’s job challeng- generation coming up is ever-more cog- nizant of these things.” Unfortunately, condo and co-op boards can sometimes be shortsighted and slow to move on things... “I think that’s right, and anyone who’s ciations – some of that with good reason. ing, because, with this issue, you’re talk- ing about long-term effects and propos- ing long-term actions that may seem drastic compared to how boards usually operate. CLIMATE ... continued from page 1 • B20 ultra low sulfur heating oil (ULSHO) is lower in greenhouse gas emissions than natural gas* • Using 20% biofuel can result in a $0.20/gallon tax credit - savings back into your pocket • Biofuel is nontoxic, biodegradable, and reduces greenhouse gas emissions • Biofuels can act as a cleanser, helping to keep equipment clean, resulting in fewer service calls • Biofuels typically can be used without system modifications • Biofuels are a renewable energy source • New York City will require a B20 Heating Oil by 2034 - why not start now? *According to a study completed by Brookhaven National Laboratory in May 2015 For more information on Biofuels, visit www.dec.ny.gov, for the Clean Heating Fuel Credit, visit www.tax.ny.gov. 1.914.381.6600 www.spragueenergy.com BQ-9000 Certified Supplier Our Energy Makes the Difference ® Why switch to renewable heating oil? Go green and save 20 cents per gallon B20 Heating Oil is available at our Bronx & Lawrence terminals. Ask your Account Executive about the benefits of using B20 Heating Oil today. “As important as all of this stuff is and as much as the government may require buildings to do, if you break it down step by step, everything is possible. Noth- ing is being asked that buildings can’t handle; most will be able to comply with these standards if they focus their ener- gies properly, hire the right people, and adopt the right long-term perspective. And ideally, you’ll have board members that are savvy enough to really put the work in on these issues over a period of time.” So far, what have you found effective at activating hearts and minds? Be- cause it often seems as if people don’t want to make any substantial change until they face serious financial penal- ties. “I do think that once specific legisla- tion and requirements are in place, that will help. Once more jurisdictions adopt legislation and there are test cases, ex- periences, and dialogues out there, then people will be brought along almost by osmosis. If our local legislation gets people thinking, and they become more adept at this stuff, it will be easier for people in, say, Chicago, to follow that template, and that will eventually reach a critical mass. Admittedly this is specula- tive.” What advice would you give to attor- neys who haven’t had to deal with any type of local emission legislation yet, or to those working in areas where the government is unlikely to ever take the lead on this stuff? “I think that the one motivating fac- tor that everyone has is saving money. If you can educate yourself as an attorney as to what will save an association mon- ey in the long term, that can really add value to a building, that’s the context that might prove the most convincing. As in, ‘I can make this easy for you; I’ve figured out the tax credits; I’ve ironed out the fi- nancing, etc.’ “People might be hesitant to spend at first, but if you can convince them that the incentives are there, and you can explain this intelligently and coher- ently, then you can move them to make a change. When I’m speaking to people, I don’t necessarily want to delve too far into specific legislation, which is mostly sticks – I want to show them the carrots, including that long-term savings. Just show them the numbers.” Second Opinions Even within New York City, not every attorney is this climate-focused. For his part, Thomas D. Kearns, a partner with Olshan Frome Wolosky LLP in Manhattan, says that in his ex- perience, the Climate Mobilization Act has yet to really hit attorneys in a mea-