Bill Would Set Penalties for Wasting Energy

City business owners one day could face fines if they leave open windows or doors while air-conditioning systems are running.

"Every single summer, when it's warm, we get calls from residents on the West Side asking why doors are open when air conditioners are working," the City Council member who introduced the bill, Gale Brewer, who represents the Upper West Side and Clinton, said. "It is an environmental issue."

The bill would make it illegal for windows to be open while an air conditioner is operating and would require all doors to be closed except to allow people to enter or exit a building. Businesses could be fined $200 for each window or door that is left open.

Council members are scheduled to discuss the legislation during a joint meeting of the Environmental Protection and Consumer Affairs committees on Friday.

Kathryn Wylde, president of the Partnership for New York City, a business leadership organization, said the intent of the bill seems reasonable, but the measure should be voluntary.

"We have a short supply of electrical power and the most expensive power costs in the country, making it seem like there are a whole variety of reasons why we wouldn't be trying to heat or aircondition with the doors and windows open," she said. "I think it's unfortunate that we couldn't accomplish what seems like a common sense conservation measure on a voluntary basis."

Ms. Wylde said the legislation would create another level of bureaucracy for businesses.

Ms. Brewer drafted the bill before Mayor Bloomberg delivered a speech in December announcing major environmental goals for the city, including reducing New York's global warming emissions by more than 30% by 2030 and turning the city's air into the cleanest of any big city in America.

The bill does not state how the new law would be enforced, but Ms. Brewer said yesterday she expected that the city's Department of Environmental Protection would take a lead role in the effort.

She said businesses often keep their doors open while the air conditioning or heating is on to entice customers to enter.