Philadelphia’s Climate Change Action Plans, Policies and Laws

1. Introduction “Climate change refers to any significant change in the measures of climate lasting for an extended period. In other words, climate change includes major changes in temperature, precipitation, or wind patterns, among other effects, that occur over several decades or longer while global warming refers to the recent and ongoing rise in global average temperature near Earth's surface. It is caused mostly by increasing concentrations of greenhouse gases in the atmosphere. Global warming is causing climate patterns to change. However, global warming itself represents only one aspect of climate change.”[1] In view of the above, environmental scientists have recommended ways to resolve the climate change challenges; one is through the reduction of the Greenhouse Gases (“GHGs”) emission (mitigation) and the other is through extensive adjustments in the way we interact with our environments to accommodate the expected impacts of climate change (adaptation). 2. Overview of Philadelphia’s Action Plans, Laws and Policies Philadelphia (“the City”), a city of about 1.5 million residents, nearly 35,000 businesses, and approximately 250,000 workers who commute into the city,[2] is taking huge steps to mitigate and adapt its environment to the expected impacts of climate change[3]. While there are existing local laws that would help the City achieve its climate goals, two major policy documents contain the City’s mitigation and adaption overall goals, Greenworks Philadelphia, and Growing Stronger: Toward a Climate-Ready Philadelphia. 2.1. Climate Change Mitigation The Greenworks Philadelphia (“GreenWorks”) was launched by Mayor Michael Nutter in 2009, and serves as the City’s first comprehensive sustainability plan. GreenWorks builds upon the City’s 2007 Local Action Plan for Climate Change, which goal was to reduce the City’s GHGs emissions by 10% by 2010. “[GreenWorks] addresses sustainability through five lenses - Energy, Environment, Equity, Economy and Engagement. For each, an overarching goal was set, with measurable targets then laid out and specific initiatives designed and described to help [the City] reach the targets by 2015.”[4] Under the Energy subsection, GreenWorks sets four goals geared towards improving the energy efficiency of the City’s homes, businesses, and municipal operations by lowering the municipal government energy consumption by 30 percent; reducing citywide building energy consumption by 10%; retrofit 15% of housing stock with insulation, air sealing, and cool roofs, and; purchase/generate 20%of electricity used in the City from alternative energy sources. Noting the role of the environment in climate change adaptation, Greenworks has an environments agenda which focuses on three areas of concern: reducing GHGs emissions by 20%; improving air quality toward attainment of federal standards; and diverting 70% of solid waste from landfill. It is important to note that the City has decreased its GHGs emissions by nearly 10% from its 1990 baseline and hopes to further reduce same by 20% in 2015.”[5] It is also the goal of the City to reduce the number of days in which the Air Quality Index of the City is below the National Ambient Air Quality Standards (NAAQS). 2.2. Adaptation to Climate Change: Growing Stronger: Toward a Climate-Ready Philadelphia (GrowingStronger), contains the City’s action plans to prepare and adapt to the predicted impacts of climate change on the City.”[6] GrowingStronger categorizes the primary effects of climate change into three categories, new normals, changing extremes, and rising seas, which put parts of the City at risk of flooding or permanent inundation.[7] GrowingStronger first describes the City’s climate vulnerabilities. It outlines the potential costs of climate risks stemming from both disaster expenses and increased annual operating costs,”[8] and further discusses existing and potential strategies to reduce the City’s risks. The strategies are organized and implemented by the City’s departments.”[9] Each of the departments is required to take steps to adapt its operations and services to ensure efficiency and effectiveness despite changing climates. For instance, “[t]he Climate Change Adaptation Program (CCAP) at Philadelphia Water [Department] was started in 2014 to help [the City] better understand the impacts climate change will have on [the City’s] water systems and reduce the risks and associated expenses by identifying and implementing adaptation strategies. The CCAP stays up-to-date on the latest climate change science and works closely with other city agencies, like the Philadelphia Office of Sustainability, to leverage resources and ensure that citywide adaptation efforts are coordinated.”[10] Again, there is the Green Stormwater Infrastructure initiative aimed to also boost the City’s adaptation to excessive stormwater, which includes soil-water-plant systems that intercept stormwater, infiltrate a portion of it into the ground, evaporate a portion of it into the air, and in some cases release a portion of it slowly back into the sewer system.”[11] Similar to this initiative is also the Green City, Clean Water Program, which is used in reducing the City’s stormwater pollution through the use of green infrastructure.”[12] 2.3. Adaptation and Mitigation Using Existing Laws The City has several laws that can be applied to both mitigate and adapt the environment to climate change. For instance, the Philadelphia Zoning Code, regulates development within the city, it governs land use, the height and bulk of buildings, population density, character of development on private property, and property uses.[13] It comprehensively laid out guidelines for building approvals for each area, including Special Flood Hazard Area. Furthermore, the Philadelphia Property Maintenance Code exists to protect public health, safety and welfare through the regulations on the maintenance of existing structures and properties. The Air Management Code of Philadelphia[14](the “Air Code”) provides for an Air Pollution Control Program to be administered by the Air Pollution Control Board and the Department of Public Health (the “Boards”). The law authorises the City’s Air Pollution Control Board to adopt by regulation an air pollution control program that is at least as stringent as the requirements of the Commonwealth of Pennsylvania Air Pollution Control Act, requiring such program to include42 a plan and permit approval procedure, and performance and emission standards. The authority of the Boards include power to make regulations in implantation of the Air Code. 3. Analysing Philadelphia’s Existing Laws and Policies From the above, the City has outlined a lot of steps in becoming climate ready, one of which is energy efficiency. The City has made some progress, it has reduced vehicle miles travelled by 10%.[15] Its municipal GHGs emission by 15% and citywide emissions by 1%.[16] It also reduced the number of days that the City’s air quality were below the National Ambient Air Quality Standards from 20 unhealthy days from 2008 baseline to 6 days in 2014, making significant progress. However, the City is yet to meet its target of 10% citywide energy consumption reductions, ironically, it increased energy consumption by 19% from 2006 baseline.[17] In this regard, the City can adopt Boston’s strategies on climate change mitigation and adaption to strengthen its climate actions, especially in energy efficiency. Boston was named the most energy efficient city in the United States by the American Council for an Energy-Efficient Economy (ACEEE) in the 2015 edition of its biennial City Energy Efficiency Scorecard, winning the honour for the second time in a row. Much of this progress comes from its energy efficiency initiative under the Climate Action Plan, which calls for Boston to have a climate action plan that is updated every three years. The Climate Action Plan serves as Boston's blueprint for reaching its goals of reducing GHGs emissions by 25% by 2020 and 80% by 2050, and making sure it is prepared for the impacts of climate change. It also focuses on community engagement, social equity, and green jobs.”[18] Boston has shed its total energy consumption by 17% from 2005 baseline. The reason for Boston’s success maybe the enactment in 2013, of Boston’s Building Energy Reporting and Disclosure Ordinance (BERDO). “This Ordinance requires Boston's large- and medium-sized buildings to report their annual energy and water use to the City of Boston, after which the [c]ity makes the information publicly available. Additionally, every five years, buildings need to complete and pass an energy assessment; exemptions are provided for buildings that are already efficient or are making significant progress on energy efficiency.”[19] Another reason for Boston’s success may be its Renew Boston initiative and incentive program which, “helps Boston homeowners, landlords and tenants make their properties more energy efficient and provide cost-saving tips.”[20] Renew Boston provides educational resources and workshops on energy efficiency, and connects residents to home energy assessments-all for free. 4. Conclusion It is my view that the City has enormous policies, action plans, initiatives, laws and regulations to reduce their GHGs emissions in mitigation of climate change and provide adequate measures to adapt their infrastructures and environment to predicted changes to climate and atmospheric conditions. However, the bulk of the work lies in the city’s capacity to follow through its action plans and enforce its existing laws and regulations. It is my recommendation that the City, through the Mayor’s Office of Sustainability (the office with primary responsibility on climate change in the City) should galvanise all relevant departments to prioritize code enforcement efforts and follow through existing policy guidelines for effective implementation of existing laws, revision of outdated or ineffective ones and issue new ones where necessary. [1] U.S. EPA https://www.epa.gov/climatechange/climate-change-basic-information [2] Mayor’s Office of Sustainability and ICF International, Growing Stronger: Toward a Climate-Ready Philadelphia, pp. 2 (2015). [3] Andrew Sharp, Philadelphia Releases First Climate Adaptation Report, City of Philadelphia, December 1, 2015 https://alpha.phila.gov/posts/office-of-sustainability/2015-12-01-philadelphia-releases-first-climate-adaptation-report (quoting Katherine Gajewski, Director of Sustainability for the City of Philadelphia). [4] Adaptation Clearinghouse, Greenworks Philadelphia, http://www.adaptationclearinghouse.org/resources/greenworks-philadelphia.html. [5] City of Philadelphia, Greenworks Philadelphia, pp. 5 (2009). [6] Mayor’s Office of Sustainability and ICF International, Growing Stronger: Toward a Climate-Ready Philadelphia, pp 9 (2015). [7]Adaptation Clearinghouse, Growing Stronger: Toward a Climate-Ready Philadelphia, http://www.adaptationclearinghouse.org/resources/growing-stronger-toward-a-climate-ready-philadelphia.html. [8] Id. [9] Id. [10] Philadelphia Water Department, Watersheds Blog, Adaptation, Mitigation, City Greening and Water Cleaning – Philadelphia Water Tackles Climate Change, (9 Aug 15, 2016) http://www.phillywatersheds.org/adaptation-mitigation-city-greening-and-water-cleaning-%E2%80%93-philadelphia-water-tackles-climate-change. [11] Philadelphia Water Department, Philadelphia Water, Green Stormwater Infrastructure (October 19th, 2016) http://www.phillywatersheds.org/what_were_doing/green_infrastructure [12] Philadelphia Water Department, Philadelphia Water, Green City, Clean Water (October 19th, 2016) http://www.phillywatersheds.org/what_were_doing/documents_and_data/cso_long_term_control_plan [13] City of Philadelphia, Licencing and Inspections, http://www.phila.gov/li/Pages/Zoning.aspx [14] Section 3-400 [15] Id. [16] City of Philadelphia, Greenworks Philadelphia: 2015 Progress Report, pp. 2 [17] City of Philadelphia, Greenworks Philadelphia: 2015 Progress Report, pp. 2 [18] City of Boston, Boston's Climate Plan, http://www.cityofboston.gov/climate/bostonsplan [19] City of Boston, Building Energy Reporting and Disclosure Ordinance, http://www.cityofboston.gov/eeos/reporting/ [20] City of Boston, Renew Boston, https://www.boston.gov/environment-and-energy/renew-boston