Well we may not be the most “green” state in the union; but according to Green Scene Magazine we are the most favorable and offer the best rebates on solar additions to your home.

According to the magazine the Louisiana Legislature in 2007 enacted some of the most progressive legislation in the country giving up to a 50% rebate on your taxes on solar and wind systems installed (up to $25,000 per system).  The best part is that if you reach how much you owe in taxes, then the state will send you a check for the rest. This is truly remarkable and seems almost too good to be true.

For more information See La. R.S. 47:6030 and its subparts.

This 50% savings from the Louisiana government can be lumped with the 30% by the Federal government as provided by the recent economic stimulus bill.

There are two Louisiana companies that are leading the way in this solar revolution, Gulf South Solar and South Coast Solar. These two leaders are experienced with the technology and they can aid in the paperwork regarding the refunds.

WWL recently wrote an article on the Louisiana Legislature offered refund.  According to this article the new legislation opened the door, not only to residents but to developers and third parties to get the credit. WWL describes somewhat of a lease to own system whereby you lease and pay the solar company a monthly bill until a certain amount then you simply purchase the system for a dollar.

This is an effort to help spur developers when they are planning communities in the future. Who would have ever thought that Louisiana would be a pioneer in re-useable and renewable resources. The only way that we will ever see the benefits of this legislation is to get out and take advantage of it before it is too late. So instead of complaining about the heat all the time, try making it work for you and let the Sun save you cash.

An article in New Orleans’ City Business Magazine this week reports that “green” jobs in Louisiana have grown in the past decade.

The data – taken from a report that analyzed the growth of clean energy jobs across the nation – demonstrated that Louisiana’s growth in the green sector has been average.  The City Business story noted that “Louisiana had the 24th most clean-energy businesses an the 22nd most green jobs.”

Remember that previously on the Louisiana Green Law blog, we asked whether the Green Building Boom was finally arriving in Louisiana.  It’s no secret that since Hurricane Katrina, rebuilding the Big Easy “green” has been all the buzz.

As the City Business blog notes, even the New York Times recognizes that Louisiana is in the hunt for money in the green economy, although missing venture capital funding and a lot of the deep pockets that exist in California and along the West Coast.

However…as with all my discussions about green opportunities, it’s important for capitalizing businesses to be cautious of the risks [see blog category:  Green Building Risks].

Is your business’ green advertising really greenwashing?

If your product or service doesn’t increase energy performance, or doesn’t qualify for the anticipated LEED credit or other green credit, will your company be exposed to litigation and damages?

Unfortunately these days, there are more questions than answers.  It’s prudent to consult with an attorney if your company is experimenting in the green industry.  It’s a huge sector with lots of opportunity, but it’s worth analyzing the risks, and protecting your investments.

Building “Green” and “Going Green” have become buzz words in the marketplace, and to ensure that those advertising green are actually green, the Federal Trade Commission issued a “Guides for the use of environmental marketing claims.”

Compliance under these guides is imperative to running a successful Green product campaign.

The guides apply to “green claims,” which are defined as follows:

labeling, advertising, promotional materials and all other forms of marketing, whether asserted directly or by implication, through words, symbols, emblems, logos, depictions, product brand names, or through any other means, including marketing through digital or electronic means, such as the Internet or electronic mail.

The guides are very broad in scope but do not carry the “force and effect of law.”

Here is a summarized listing of the guides:

General Principles (§260.6):

a.    Qualifications and Disclosures: need to be “clear, prominent and understandable to prevent deception.” Language used needs to be clear in meaning and type size, you also cannot use contrary claims that would undercut the effectiveness of the claim made.

b.    Distinction between benefits of product, package and service: environmental claim needs to refer to the product, packaging, or service. For example if you use “recyclable” then the product must be reasonably and easily recycled.

c.    Overstatement of environmental attribute: should not expressly or imply an environmental claim in a manner that overstates that attribute or benefit.

d.    Comparative claims: Advertiser needs to verify the comparison and the basis for comparison needs to be clear to avoid deception.

Guide to specific Environmental marketing claims (§260.7): These claims must comply with this guide and also comply with the general principles.

a.    General environmental benefit claims: “It is deceptive to misrepresent, directly or by implication, that a product, package or service offers a general environmental benefit.” Broad environmental claims should be avoided or qualified to prevent deception.

b.    Degradable/biodegradable/photodegradable: a producer cannot expressly or imply that a product is one of these three and the claim has to be based on scientific findings.

c.    Compostable: here too a product needs to be backed up by scientific evidence that it will break down into usable compost in order to use this marking. The product must be compostable in a home pile or device.

d.    Recyclable: a product cannot expressly or imply that the product or its packaging is recyclable unless it can be collected and put through an established recycling program. The product must be clear as to what parts of the product can be recycled, if only portions then they must be clearly labeled.

e.    Recycled content: this claim can only be made when materials making up the product have been diverted from the solid waste stream, either during the manufacturing process (pre-consumer) or after consumer use (post-consumer). Recycled does not include recycled raw material or reconditioned and remanufactured components.

f.    Source reduction: a product cannot claim that it or its package has been reduced in weight, volume or toxicity unless this is absolutely true and verifiable.

g.    Refillable: to be refillable the package or product must provide a collection and return of it for refill or the later refill of the product can be done by the consumer with another sold product. If it is up to the consumer to find a way to refill it then the claim is unqualified.

h.    Ozone safe and ozone friendly: if a product contains an ozone-depleting substance it cannot make this type of claim.

The Gist

All in all, a producer cannot (and should not) be misleading, deceptive or ambiguous in its labeling of products.

More in depth versions of these rules are available at the FTC’s web site http://www.ftc.gov/bcp/grnrule/guides980427.htm, along with examples of what is proper and improper.