Posted on November 21, 2008 by David Wagner

New York Governor Approves Two Green Building Laws For Residential And State Structures

This post was written by Eric M. McLaughlin and Keisha M. Williams.

In late September, New York became the latest state to give the green light to “green building,” after Gov. David Paterson signed two bills introducing green building performance standards for construction and renovation of New York state government buildings, and a Grants Program for green residential builds. The new laws aim to encourage and incentivize the construction of energy-efficient, sustainable buildings, using recyclable and environmentally friendly materials, and are in line with the governor’s “15 x 15” plan to reduce energy use by 15 percent of expected levels by 2015. New York’s new laws highlight the fact that buildings account for nearly 40 percent of the nation’s greenhouse gas emissions and more than 70 percent of its electricity consumption, and that these impacts can be reduced by regulations governing design and construction.

The State Green Building Construction Act (A. 2005) (State Building Act) will require all new state-owned buildings, and substantial renovations of existing state-owned buildings, to comply with green construction principles set forth in standards to be developed by the Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA). State agencies will also be required to prepare annual building performance reports containing information on their green credentials, including energy consumption, waste reduction, and how indoor air quality compares with set benchmarks. The State Building Act takes effect 180 days after signature, on or about March 25, 2009.

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Posted on November 13, 2008 by David Wagner

REACH Pre-Registration Closes November 30, 2008: What Are You Doing? What Should You Be Doing?

This post was written by David W. Wagner,  Marie Albertini, Nick R. Elliot, Todd O. Maiden.

REACH is the European Union's new chemical management regime that is having a global impact. In addition to significant obligations for EU companies involved in the manufacture, import, downstream use, or distribution of about 30,000 chemical substances, non-EU companies involved in supply chains importing into Europe are facing requirements under this law. And the law extends well beyond chemical manufacturers and importers, as it applies to any sector using chemical substances, including, for example, electronic equipment, plastics, telecommunication equipment, IT products, commodities that contain chemicals (such as petroleum products and metals), and many others.

The first REACH requirement—pre-registration—closes Nov. 30, 2008. Manufacturers and importers who pre-register their substances by this deadline can then take advantage of the extended time available to complete the registration process—up until June 2018 for low-volume, low-toxicity substances. If the pre-registration window is missed, then the consequences can be severe: substances will be considered to be “new” chemicals, and a full registration must be completed before the substance can be legally marketed in the EU. Moreover, companies involved in a global supply chain of a chemical substance may face supply chain pressure, or requests for disclosure of potential uses and exposure information.

Have you been working to comply with REACH? Are you taking steps to ensure your supply chain will continue unaffected by REACH? If you have questions or concerns, please contact us. Reed Smith has been providing legal and strategic advice to a variety of clients on a range of REACH issues, including:

  • Advising multinational and U.S.-based companies on REACH’s legal implications and the principal mechanisms to participate in the pre-registration and registration processes
  • Counseling a multinational computer technology and electronics corporation on pre-registration requirements, REACH's regulation of substances of very high concern, Member States' enforcement, and issues unique to articles
  • Helping several U.S.-based companies with operations in the EU satisfy their pre-registration requirements, and advising on communications and contractual relations with their suppliers and customers
  • Advising a commodities trader on its REACH obligations and helping to develop a compliance strategy
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