By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

Dan Spitzer was an advocate of "going green" long before the phrase was coined, and long before he became a lawyer.

While working as finance director in Bullhead City, Ariz., he was faced with the challenge of how to ensure the city's water needs were met.

"You had a new community which was growing by leaps and bounds, and we had to provide water for an area that was already oversubscribed," Spitzer says. "So a lot of my professional career has been about conservation efforts."

He's currently a partner in Hodgson Russ LLP, working in the environment, energy and renewable energy practice groups. He focuses heavily on land-use issues and is a frequent speaker on environmental matters.

"There are two key issues with green that people miss: The first is cost, cost, cost," Spitzer says.

As an example, he shared the story of the EPA - arguably the national leader in going green - which made the decision to move one of its Midwestern offices from a city site to a suburban office park.

"They went from having people be able to take public transportation or walk to work to making everyone commuters," he says.

According to Spitzer, the decision was driven by cheaper space in the office park. No regard was given to the environmental impact of employees having to commute to work each day.

"The EPA was mandated to save money, and that is the same mandate most CEOs work with. So the first lesson of green is you've got to make it work financially," he says.

Federal and state incentives currently in place to get companies to build and renovate with green practices are critically important, he says, but the real shift will come as more businesses realize that doing this can be profitable, too.

"If you build a building that is more energy efficient, you can command a higher price for your rents," he says. "If you build it for yourself, on a life-cycle basis, the little extra you spend on insulation is going to save you enormous amounts going forward."

Despite those facts, and especially in these economic times, it can be difficult to convince builders to invest more money up-front, even if they are virtually assured to recoup it down the road.

"Especially when you are financing and paying interest on the cost, it is difficult to get people to look at their building through a life cycle," he says.

Spitzer says the second rule of green comes from author Thomas Freedman's book, "Hot, Flat and Crowded."

"If it isn't boring, it isn't green," he says. "It doesn't cost enormous amounts to really make a difference; what it takes is leadership."

Spitzer says when people talk green, they usually focus on energy efficiency. It's not the singular issue, however.

"If we look at it in a broader sense, let's look at stormwater," he says. "Every community in Western New York is facing issues with the EPA and the DEC because their storm sewer systems can't handle the groundwater."

According to Spitzer, groundwater issues pose enormous costs to a municipality - and ultimately to taxpayers. His solution: change people's mind-set.

"If we stop looking at water as a waste product and use it as a resource, how much better would we all be?" he says.

He points to New York City, which he describes as ahead of the curve in terms of reducing its carbon footprint.

"If New York City gives away rain barrels and residents connect the downspouts to a rain barrel, instead of paying the city for irrigation water, use your own stormwater," he says.

He suggests offering incentives and/or regulations for builders to install low-flow toilets in new-builds or remodels. The reduction in water pushed through an over-burdened sewer system will save taxpayers on their water bills, as well as not having to pay for costly water repairs through tax increases. It may sound simple, but it's something that is often overlooked, he says.

"Right now, we require that stormwater not make a problem worse," he says, "but we can do better than that. We can require that stormwater be used as the primary source for irrigation."

With many municipalities nationwide embracing green development in their own buildings, Spitzer says the next big hurdle is to convince builders about the benefits, particularly in residential homes. Given that, he says, a priority of builders is containing costs. Spitzer sees it taking some heavy incentives to get them completely onboard.

"Let's say to the builders, 'If you build something that is a cluster subdivision, meaning there won't be the need for as many sewers to build out, we will give you more houses.' If you have a green roof, you are helping everyone in Western New York, so let's have incentive zoning provisions and say you get additional floor area if you put in a green roof." he says.

It is the type of program that was mandated in Chicago, and Spitzer sees Western New York heading in the right direction.

"It's not just about social justice or environmental justice," he says, "For businesses, it truly is a way to improve the bottom line."