Brooklyn's Progress
April/May 2007

BY TONIA SHAKESPEARE

“Is a fleeting moment of cool worth another blackout, or brownout?” is the question New York City Council Member Gale A. Brewer (D-Manhattan) asked when questioned about her proposal for legislation introduced at a joint hearing in March at the City Council’s Committees on Consumer Affairs and Environmental Protection. The bill (Intro 264-2006) would levy a $200 fine on commercial businesses that keep doors and windows open while running their air conditioning systems.

Jason B. Kabbie from New York Public Interest Research Group, who testified at the hearing, expressed his support of the bill: “It seems ridiculous to be air conditioning the sidewalks on hot summer days, yet one only need to walk down the street to see it happening.”

While many retailers that use air conditioners leave doors open during the summer months to lure customers inside in an effort to boost sales, unnecessary air conditioning waste contributes to global warming by releasing greenhouse gas refrigerants into the atmosphere; which in turn, leads to increased CO2 emissions because of the fossil fuel energy it uses to operate.

“I get so many calls during the summer from constituents who ask why is cold air from indoors air conditioning the sidewalks,” Council Member Brewer explained, pointing out the Apple and Disney stores in the central business district, Porsche accessory store on Madison Avenue, Henri Bendel’s and Hugo Boss on 5th Avenue, and Time Warner at Columbus Circle as violators for which she received complaints last year. Her office also received grievances citing garages and electronic stores among those with open doors and windows.

Council Member James F. Gennaro (D-Fresh Meadows, Queens), chair of the NYC Council’s Committee on Environmental Protection, supports the proposal: “I feel strongly that the city needs the option to fine businesses that disregard efforts to avoid blackouts, fight pollution, and keep a lid on electricity rates, and blatantly, consciously waste energy,” he declared.

But many small business owners feel they will be unfairly targeted by the bill. They state that if air conditioners cause pollution and negatively affect the environment, then small businesses should not be penalized; instead, legislation should be put forth that will allow air conditioner manufacturers to solve the problem over a period of time, while pressure should be put on the government and big corporations to find better ways to create less harmful energy sources.

Council Member Brewer agrees with the stance of small business owners and is evaluating assessment of the fine based on a company’s size; however, she maintains that the bill is not targeted specifically at small businesses, but every business. “This is about everyone’s ozone,” she stated. “We hear about it at a macro level yet we can do something at a micro level. If we were to pay more attention to the environment, we would all benefit.”

In addition to putting forth the bill to promote energy conservation and reduce energy abuse, Council Member Brewer is also looking at ways to help businesses save money and conserve energy by looking at the least and most expensive times for businesses to operate, which could also impact lots of companies—such as those in manufacturing and production.