Dan's Papers - October 3, 2008

When Supervisor Linda Kabot reportedly proclaimed, "The eyes of the world are on Southampton" concerning the bold enactment of what the Southampton Town Board calls the "Green Code," the town was stepping forward into a brave new world.

With a vote of 5-0 the town board enacted a series of requirements for new construction starting on October 1, 2008, and to go into full effect by January 2009. The move was made to reduce Southampton's energy footprint. One East Hampton town official said, "Southampton is attempting to solve the world's energy problem by starting on the town level." With outdoor swimming pools now required to be primarily solar-heated (although both fossil fuel and electric back-up systems are allowed), cost for these luxuries will go up, especially because most pools now will have two heating systems. Homes with outdoor swimming pools on properties smaller than half an acre are exempt from the law, as are indoor pools. (Perhaps this part of the code should have been called "aqua-green codes.")

On the actual energy systems and electrical appliances throughout the home, new projects are to comply with a town Home Energy Rating System (HERS) level. This is a system to measure how green a home's energy needs are. The larger the house the higher the HERS level, meaning homes over 3,500 square feet will be more expensive due to stricter energy-saving requirements for the whole structure. It is believed that 14 states have HERS programs in effect, but none with the home size being the factor for setting the HERS limit. The Southampton Town Board also created a review board should the HERS findings of Chief Building Inspector Michael Benincasa be challenged by the builders, and a three-member Energy Conservation Administrative Appeals Board will have the final say. Builders will have two weeks to appeal to this board.

Needless to say, these green code requirements are not going to help end the present new-home crisis on the local level. Although builder after builder attempted to convince the town board of the difficulties of enacting a radical law in one step, the vision of the Green Committee founded by board members Nancy Graboski and Councilwoman Anna Throne-Holst in the Spring of 2008, is now law.

In East Hampton, Town Supervisor aide Lynn Ryan, while handing over a copy of "resolution 2007-1633," which includes the East Hampton Town Savings Program, said East Hampton's approach is less radical. The town has developed the "East Hampton Energy Savings Program," which is a combination of the LIPA builder's code and Energy Star program. The Energy Star program has to do with tax credits and manufacturer's rebates for using energy-saving appliances such as refrigerators, water heaters, dishwashers, air conditioners and home heating systems. Under the code, all new homes must have a total of eight Energy Star-labeled appliances. All building permits and certificates of occupancy issued since June 1, 2008 have only been issued to builders in compliance with the East Hampton Town Savings Program.

Unlike Southampton, East Hampton does not definitively require extreme measures like the solar heating of pools. The town states that it's looking to reduce the "consumption of fossil fuels and electricity" through the construction of single-family homes. The idea is to convince builders to take advantage of the incentives to go green, not mandate it as Southampton does. However, East Hampton's codes do regulate the efficiency of water heaters, boilers and cooling equipment (banning oversized by more than 15%), plus focus on insulation. Also unlike Southampton, East Hampton does not require homes to attain a specific HERS number. And in keeping with East Hampton's goal of preserving the town's history, an energy-saving exception was made for residences that use a specific type of window to maintain historic authenticity.

At the end of the day, Southampton's town board has taken action to address one crisis, the rising cost of energy, while perhaps piling onto another crisis - the cost of affordable housing in a very hostile economic environment. Perhaps they are betting that the energy crisis is more severe long-term and that the housing crisis will work itself out. No doubt the Southampton board does not believe in the old Maine saying, "You can't get there from here," and in fact is plotting a course to become a model of what every town should do to reduce its energy footprint on the world map.