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Constantinides bill regulating air conditioning and business signed into law

By Bill Parry

Beginning next summer, you will no longer feel a blast of cold air as you walk past the front door of a store.

Mayor Bill de Blasio has signed legislation making it illegal for stores and restaurants to run the air conditioning with doors and windows open. The new law will prevent owners from luring customers in from the sweltering heat and wasting energy.

“It’s always been a pet peeve of mine,” de Blasio said Oct. 7 before signing the bill, which was sponsored by Councilman Costa Constantinides (D-Astoria), the chairman of the Council’s Environmental Protection Committee.

“I know I’m not the only one who has walked past open doors to feel a blast of cold air pouring out,” de Blasio said. “We don’t need to be cooling our sidewalks! By requiring businesses to simply close the door, this bill is a win on multiple fronts and is a small but important part of our efforts to fight climate change.”

Violators would face fines ranging from $250 for a first offense to as much as $1,000 for an especially grievous violation. Enforcement will be carried out by the Department of Consumer Affairs beginning July 1.

“This year had the most 80-degree days we’ve had in New York City on record — action had to be spurred,” Constantinides said. “Shutting the front doors of businesses so that air conditioning doesn’t escape will conserve energy and allow business owners to save on their utility bills. This law will significantly impact our power grid, where most plants are old, inefficient and produce larger emissions.”

The bill builds on prior legislation passed by the City Council which restricted “the co-mingling of indoor and outdoor air” only at large-scale chain stores. Now it applies to businesses of all sizes, but it does not apply to sidewalk cafes and restaurants with outdoor space for alfresco dining.

“As we move closer to our goal of reducing our carbon emissions by 80 percent by 2050, we must consider common sense policies like this,” Constantinides said.

Not everyone agrees.

“I think it’s an example of over-regulation by government if you ask me,” attorney Robert Bookman said. “The city is just looking to raise revenue through more fines on mom-and-pop shops who count on every penny. If these owners think it’s better to leave the doors open to draw customers, they know better what’s best for their business.”

Bookman frequently represents small business in suits against the city. He has represented the New York City Newstand Operators Association since 1986.

“The mayor says this is a pet peeve of his,” Bookman said. “Well, I’ve got a lot of pet peeves too. That doesn’t mean I’m going to sign legislation about them.”

Reach reporter Bill Parry by e-mail at bparry@cnglocal.com or by phone at (718) 260–4538.