COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON THE ENVIRONMENT - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, November 19, 2008 10:20 a.m. - - - PRESENT: COUNCILMAN JAMES F. KENNEY, CHAIR COUNCILMAN CURTIS JONES, JR. COUNCILMAN JACK KELLY COUNCILMAN FRANK RIZZO BILL 080025 - An ordinance amending Chapter 17-100 of The Philadelphia Code, entitled "Procurement Contracts," by adding a new Section, providing that any contract for the construction, extension or major renovation of certain buildings... BILL 080758 - An ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by creating a new Chapter relating to energy conservation... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good morning, ladies and gentlemen. The Committee on the Environment is now in session to hear one bill actually. Bill 6 No. 080025 is being held, and we will now hear testimony on Bill No. 080758, and the Chair recognizes Councilmember Jones for the purpose of making comments on behalf of Councilmember Reynolds Brown.
With this public policy, the City of Philadelphia will further help to conserve energy, reduce peak power consumption demands in hot weather periods. This environmental pollution will allow us to participate in a way to reduce the carbon footprint and prevent global warming. Prohibiting commercial establishments from leaving their doors ajar while air conditioners and central air cooling systems are on is a sensible energy conservation measure. According to the City of New York, who recently enacted a similar measure to stop the 3 11/19/08 - ENVIRONMENT - BILL 080758 practice of leaving doors open while air conditioners and cooling systems are on, estimate that the amount of increased electrical usage is somewhere in the neighborhood of to percent. Such 7 practices -- and power plants are 8 overextended during these periods and the 9 related pollution is heightened and 10 energy demands of local utility companies 11 during the hot summer months are 12 excessive consumption and lead to power 13 shortages and power outages. 14 This idea comes as I often walk 15 downtown and notice the cool breezes that 16 come from locations that are inside of 17 business establishments. I would quickly 18 wonder why the air conditioning is on and 19 permitted to blow onto the streets. What 20 a waste. 21 Yes, some might say that this 22 is the owner's operating expense. Well, 23 not anymore. While cap rates are coming 24 off, it is time to look at every 25 opportunity and every option to conserve 4 11/19/08 - ENVIRONMENT - BILL 080758 energy by methods such as requiring businesses to do the right thing and keep the energy consumption to a minimum. This is one step in the right direction. Thank you, Mr. Chairman.
Thank you very much. In order to get the record clear, I would ask the stenographer to put those comments after the reading of the bill, which I neglected to do, which is Bill No. 080758, an ordinance amending Title 9 of The Philadelphia Code, entitled "Regulation of Businesses, Trades and Professions," by creating a new Chapter relating to energy conservation, by providing for certain requirements regarding the efficient operation of air conditioning and cooling systems in certain buildings and structures, and providing for penalties for violations, all under certain terms and conditions. Mr. Haigler, would you like to 5 11/19/08 - ENVIRONMENT - BILL 080758 testify. (Witness approached witness table.)
-- Councilman Kenney and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I am here to provide testimony on Bill 080758, which, if enacted, will amend Title 9 of The Philadelphia Code related to Businesses, Trades and Practices in order to require that doors to certain businesses remain closed during periods when air conditioning is operating. While L&I supports the basic intent of this bill as it relates to energy conservation and sustainability, which is laudable and is a goal of this Administration's, we do not believe that L&I is the appropriate agency to 6 11/19/08 - ENVIRONMENT - BILL 080758 designate with the responsibility to enforce provisions of this bill since it is outside of our core mission to regulate business activity and/or occupancies for public safety and welfare in general. Commissioner Burns has expressed her desire to work with Councilwoman Reynolds Brown's office and the Mayor's Office of Sustainability in the future should a discussion group be formed to explore this issue in detail. Thank you for the opportunity to provide the Department's testimony on this bill. Thank you.
You mentioned that this may not be within the core mission as you see it of L&I, or at 7 11/19/08 - ENVIRONMENT - BILL 080758 least that's the opinion expressed by the Commissioner, correct?
Do you in your enforcement period, particularly among commercial businesses, are you required as part of your core mission to look at business establishments that leave their doors open that have high octaves of music playing? Is that a part of your core mission?
So you're saying to me that there's no record on the book that when you go down a commercial corridor -- Air Management in the Health Department.
Thank you, Mr. Chairman. So that's under their auspices?
So your comment is to say that that's where that 8 11/19/08 - ENVIRONMENT - BILL 080758 enforcement end should be?
I'm not exactly sure where the enforcement end for this particular bill should be. It's something that I'm sure that Councilwoman Brown, she's indicated that she's going to form some sort of working group to discuss this issue in detail with the Office of Sustainability, and I believe that's where this office has to be a part of that discussion.
So at some point, this is going to go on, if we are successful in moving this to a law, it will be part of code enforcement somewhere?
So conceivably as you do other activities -- would you describe those activities that you routinely do on commercial corridors?
Sure. Primarily L&I is responsible for regulating business activity for licenses, for 9 11/19/08 - ENVIRONMENT - BILL 080758 permits related to building, fire, safety, regulating business activities that affect the public at large, vending activity, a whole host of things that we regulate and enforce. Primarily our job is to deal with -- our mission is to deal with public safety and public health and welfare in general, and as I stated in this testimony, this seems to be somewhat beyond the scope of what we normally would do in that area.
Okay. So by way of the nature of energy conservation being the primary mission here?
Before Councilman Rizzo, the sponsor of the bill 22 has requested the bill be let out of Committee and held on the Calendar until she has an opportunity to work with the various departments in the City to work 10 11/19/08 - ENVIRONMENT - BILL 080758 out a plan and perhaps even amend the bill. So that will be our plan for today. Councilman Rizzo.
Thank you. Mr. Haigler, with the activity that's in and out of buildings, in some of the very busy buildings, they have ways to contain that cold air, double doors. One of the things that I've seen is a stream of air that is generated above the doorway to keep the air that's in the building in the building. But I agree with you, the property management people would be the ones that should be interested in conserving that energy, and maybe there's a way that we could identify when we know of a building that is not operating efficiently to let them know that, because there are energy conservation tools to keep that cool air where it belongs, inside the building. And like I mentioned, sometimes the architects build 11 11/19/08 - ENVIRONMENT - BILL 080758 double doors, but even when it's a busy building, sometimes both doors are open and that energy escapes. But the stream of air that I've seen utilized that's like a canopy above the door, that is projected down and stops that escape of air coming from inside the building. So you would think a good property management company would be the one to be first on the case to want to conserve that valuable cool air or heat in the winter.
I agree. It's something that I'm sure they would have to do an assessment of their building and their costs to figure out ways to minimize that.
So I'm thinking that maybe there is some way to point out to these various people. They probably already know, but haven't really taken it very seriously. But maybe there is a way to get their attention and maybe there is a corrective action that could 12 11/19/08 - ENVIRONMENT - BILL 080758 be taken to deal with the issue that the sponsor of this bill identified.
I'm sure that's something that could come up in the discussions that will probably take place after the bill is reported out.
Thank you. A couple years ago I looked into this. One of the things I learned, that some national corporate retail chains use it as a way to entice people into their business on very hot days. I had actually called Lucky Jeans nationally, and their corporate policy was to keep the door open as an enticement for people to enter when it's hot out. I mean, it's kind of a stupid way to do it, but that's what they decide. So I think between the bill 22 being let out of Committee and the working group and perhaps some educational efforts on the part of the City to these retail establishments, it 13 11/19/08 - ENVIRONMENT - BILL 080758 may be successful. Any other questions for Mr. Haigler? (No response.)
Thank you. Anyone else to testify on this bill? (No response.)
Anyone else to testify on this bill? (Witness approached witness table.)
Good morning. Please identify yourself for the record and proceed.
Roland Kassis. Actually, I wasn't here to testify. I was here for something else. I'm all about saving energy and everything, but this bill would go towards restaurants the same way, like if restaurants open up? Like we have Parc, Rouge and all these restaurants. Would that be -- 14 11/19/08 - ENVIRONMENT - BILL 080758
It conceivably would apply to Parc and the Rouge and some of those other places that do have the air conditioning on and have the windows open and the doors open. I think through the efforts of this working group or committee -- not this Committee, but a committee that Councilwoman Brown will form with the Office of Sustainability, I'm sure we can figure out how to deal with it at some point. But under the current reading of the bill, yes. The answer to your question is, yes, it would affect them. So you understand what we're going to do, we're going to let the bill 18 out of Committee. It will sit on the Calendar until the Councilwoman has a chance to work with the Administration, and if there's amendments, then we'll amend it and it will be clearer what the bill entails and who will enforce it.
Because for restaurants, I mean, certain areas, yes, 15 11/19/08 - ENVIRONMENT - BILL 080758 I agree 100 percent, we should. But for restaurants and coffee shops and stuff, this is -- because they have outside seating, inside seating, it doesn't make much sense, because the idea of having it is just the whole place to flow together with the people.
I've never seen one piece of legislation that is absolutely perfect and fits all situations. So that's part of what our goal is, to try to get it as workable as possible.
Seeing none, the Chair recognizes Councilmember Jones for a motion to move Bill No. 25 080758 out of Committee. 16 11/19/08 - ENVIRONMENT - BILL 080758
I make a motion for the adoption of Bill No. 4 080758 with the amendment.
I'm sorry. Where is it? There is a technical numbering amendment. The Chair recognizes Councilmember Jones for the purpose of approving the amendment, which was circulated to members of the Committee.
The Chair now recognizes Councilmember Jones for a 17 11/19/08 - ENVIRONMENT - BILL 080758 motion to remove favorably from Committee Bill No. 080758, as amended.
I make a motion to move out of Committee with a favorable recommendation Bill 080758, with a favorable recommendation.
There are none opposed. Bill No. 080758, as amended, will report out of this Committee favorably and a request made for rules suspension to allow first reading -- I'm sorry. No rules suspension. Take that back. Just getting out of Committee favorably, as amended. Thank you. That will conclude the business of the Committee on the 18 11/19/08 - ENVIRONMENT - BILL 080758 Environment. (Committee on the Environment adjourned at 10:30 a.m.) - - - 19 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on November 19, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)