Policy Glossary
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Background

Local municipalities often lack the resources necessary to realize their goal of creating a sustainable community. Without adequate time, money and expertise, it is difficult for these local governments to create and maintain ordinances, codes and laws. Model codes offer a solution to this problem by providing local governments with the information and guidance needed to achieve their objectives. Because model codes are developed by industry professionals, they are an effective way for local municipalities to enact legislation without the burden of researching, studying and drafting their own policies.

In terms of the environment, model codes can include ordinances, laws and regulations that specifically advance environmental objectives in towns, cities, and counties. Model codes are a valuable resource for planners, advocates, and lawmakers who want to know what their community can do to advance an environmental agenda.  Moreover, model codes can be adapted to fit the specific needs of a particular community. The ultimate goal is to have these model codes adopted by municipal or county governments and passed into law through an executive order or a legislative body.

The most common example of model codes are model building codes, which establish regulations for construction. In New York State, for example, the State Green Building Construction Act, which was signed into law in 2001, stipulates that new state buildings and major renovations of existing buildings must comply with green building guidelines established by the Office of General Service. Model codes, however, can serve other environmental purposes beyond building construction. For instance, model codes like parking reductions, which establish a maximum number of parking spaces allowed in new or existing development, are often enacted with the goal of reducing green house gas emissions by encouraging people to use alternate forms of transportation.

United States

The Energy Policy Act of 2003 mandated that the U.S. Department of Energy (DOE) participate in the development of model national codes and subsequently help states adopt and implement progressive energy codes; as a result, U.S. DOE founded their Building and Energy Codes Program. Since that time, U.S. DOE has played an active role in compiling model building codes and working to have them implemented at the state level. Their program supports energy code development, adoption, implementation and compliance initiatives. The American Recovery and Reinvestment Act of 2009 established a new goal for the DOE program - that is, 90% compliance with energy code requirements for each state. Since then, U.S. DOE has created processes and materials to support measurement of energy code compliance and is currently conducting pilot studies of those materials with states and regional energy efficiency partnerships. To learn more about the process, visit their website.

In 2003, the U.S. Environmental Protection Agency sponsored the American Planning Association (APA) in developing a guidebook on smart land-development regulations. As a result of this project, the APA produced Smart Codes: Model Land-Development Regulations, which includes 21 model codes on a variety of topics promoting the U.S. EPA Smart Growth Principles. The publication serves both as an overview of the structure of land-development regulations and as a guide to the development of model codes related to smart growth, including models that may be adapted by local governments.

New York State

In New York City, the Model Code Program created by Mayor Michael R. Bloomberg in 2003, is charged with examining specific areas of the International Building Code (IBC) and NYC's current building code. The program consists of thirteen technical committees comprised of industry experts, as well as labor, real estate and government representatives. These committees evaluate the IBC and make appropriate amendments to cater to the dense urban environment of New York City.

The government-backed Energy Star program, created in 1992, sets out specific guidelines designed to make buildings more energy efficient. As compared with the previous Model Energy Code, the Energy Star program is estimated to save approximately 30% in energy used for heating, cooling, and water heating in homes. In 2006, the Long Island towns of Brookhaven and Babylon became some of the first on the Island to voluntarily adopt Energy Star codes. Since that time, a number of towns and municipalities have followed suit, demonstrating the ability of communities to learn from their neighbors by following previous standards and adapting them to fit their community needs.

NYLCVEF

NYLCVEF believes that model codes implemented at the municipal or town level can help bring environmental protection to the forefront of government policy. Because model codes provide the research behind specific ordinances, they alleviate pressure on small municipal governments to draft their own policies. Currently, NYLCVEF is partnering with Pace Law School Center for Environmental Legal Studies to develop model codes for Westchester County. The goal of this program is to provide Westchester towns with cost effective ways to protect the environment by addressing problems such as sprawl, traffic congestion, and diminishing open space.  

References/Resources:

> APA Smart Growth Codes

> Energy Star

> International Code Council

> NYS Energy Codes