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09-1377Council File #�� Green Sheet # 3090237 RESOLUTION OF SAIAIT PAUL, MINWESOTA �� Presen[ed by RESOLUTION TO IMPLEMENT SAINT PAUL SUSTAINABLE BUILDING POLICY 4 WHEREAS, Saint Paul wants to be the most livable city in the United States; and 5 6 WHEREAS, livability includes ensuring healthy communities and healthy lives for Saint Paul citizens; and 8 WHEREAS, by signing the US Conference of Mayors Climate Protection Agreement, Mayor Coleman has 9 specifically committed Saint Paul to reducing greenhouse gas emissions to seven percent below 1990 levels 10 by 2012; and 11 12 WHEREAS, carbon dioxide (COZ) emissions, resulting from human activity, are a significant contributor to 13 the greenhouse effect that is causing global climate change and buildings account for nearly 40% of U.S. 14 COZ emissions; and 15 16 WHEREAS, construction and demolition waste account for nearly a third of the solid waste generated in the 17 Twin Cities meYropolitan area; and 18 19 WHEREAS, taking proactive steps witb regard to built structures will help protect our City's air, water and 20 urban landscape by focusing on carbon dioxide reduction, energy efficiency and conservation, clean energy 21 supply, alternative transportation, water quality, recycling, waste reduction, green space and reforestation; 22 and 23 24 WHEREAS, since 2007, Saint Paul has had a policy (Council File 07-70) to seek and receive Leadership in 25 Energy and Environmental Design (LEED) Silver certification or utilize the State of Minnesota Sustainable 26 Building Guidelines (State Guidelines) in the planning, design, construction, commissioning, and major 27 renovation of municipal facilities financed by the City of Saint Paul and utilized by the City's Executive 28 Departments, the Saint Paul Public Library and the City of Saint Paul Division of Parks and Recreation; and 29 30 WHEREAS, when a City building is constructed or renovated to LEED standazds, the State Guidelines 31 related to "Energy and Atmosphere," including exceeding the energy code by at least 30%, must also be 32 met and the State Guidelines related to Performance Management requirements must be adhered to; and 33 34 WHEREAS, the Interim Saint Paul PED / HRA Sustainable Development Initiative requires developers 35 seeking City or HRA fiands to take advantage of City authorized design and assistance programs, including 36 but not limited to Xcel Energy's Energy Design Assistance Program or the ENERGY STAR program for 37 homes; and 38 39 WHEREAS, rating systems that assign points to various "green" achievements have become an accepted 40 way to evaluate a building's sustainable attributes; and 41 b y� l ��� 42 WHEREAS, such rating systems do not always reflect local priorities, values, and concerns, and 43 WHEREAS, the Mayor's Advisory Committee on Green Policy Development has recommended that the 44 City adopt a Sustainable Building Policy; 45 46 NOW, THEREFORE BE IT RESOLVED, that the City of Saint Paul and the Housing and Redevelopment 47 Authority (HRA) adopt a Sustainable Building Policy (Policy) with which any new construction project 48 receiving more than $200,000 in City and/ar HRA funding, is required to comply; and be it 49 50 FURTHER RESOLVED, that City and/or HRA funding is defined as money originating from Community 51 Development Block Grant (CDBG), Tax Increment Financing (TIF), HOME Investment Partnership 52 Program (HOME), Multi-Family Housing Revenue Bonds, federal Low Income Housing Tax Credits 53 (LTHTC), other federal, state, and Metropolitan Council funding programs, HRA funds, any City of Saint 54 Paul funds, including STAR, from any combination of loans, grants, land writedown or other funding 55 vehicles; and be it 56 57 FURTHER RESOLVED, that the Policy does apply to parking structures and parking lots and any addition 58 to an existing building that includes a new heating/ventilation/air conditioning (HVAC) system; and be it 59 60 FURTHER RESOLVED, that the Policy does not otherwise apply to existing structures; and be it 61 62 FURTHER RESOLVED, that the Department of Planning and Economic Development (PED) and the 63 Department of Safety and Inspections (DSI) will jointly create a Sustainable Building Technical Committee 64 (Committee) that will oversee implementation of the Policy and consider requests for variances; and be it 65 66 FURTHER RESOLVED, that a private sector representative will serve on the Committee and a developer's 67 representative will be invited to Committee meetings when a project of that developer is being reviewed; 68 and be it 69 70 FURTHER RESOLVED, that to assist the Developer comply with the Policy, whether the Developer is 71 required to comply or is doing so voluntary, the City will: 72 73 1. 74 75 2. 76 77 3. 78 79 4. 80 81 5. 82 83 6. 84 85 86 provide, at no additional cost to the Developer, a Sustainability Facilitator within PED to help guide each project through the development process, ensuring adherence to the Policy, and at the Developer's request, help identify sustainable design experts with in-depth experience on specific issues, whether site, building, or operational, and work with Xcel Energy to provide, at no cost to the Developer, energy modeling in the design stage for all participating projects meeting Xcel Energy's requirements, and wark with District Energy to assist with energy modeling and other analysis and assistance during the design stage for all participating projects meeting District Energy's requirements, and at the Developer's request, help locate building commissioning agents to verify performance against design requirements, and negotiate, as part of a Development Agreement, signage and labeling for compliant buildings both during and post-construction; and be it ������� 87 FURTHER RESOLVED, that the Developer must choose for the project one of the following rating 88 systems and levels with which to minimally comply: 89 90 Commercial Proiects: 91 • LEED I�iew Construction (NC) 2.2, Silver or 92 • Green Globes, 2 globes or 93 • State Guidelines Building Benchmarking and Beyond (B3) Compliant or 94 • Saint Pau] Port Authority Crreen Design Review (as applicable) 95 96 Residential Proiects: 97 • LEED for Homes (H) or LEED NCl, Silver or 98 • Minnesota GreenStar, Silver or 99 • Green Communities, Minnesota Overlay Compliant; and be it 100 101 FURTHER RESOLVED, that the following mandatory requirements, to be known as the Saint Pau] 102 Overlay, must be met within the Developer's chosen rating system: 103 1041. 105 106 I 07 2. 108 3. 109 1104. 111 112 5. 113 114 115 Ilb 117 1186. 119 120 121 122 123 124 125 126 127 128 129 Predicted energy use shall meet Minnesota Sustainable Building 2030 (SB 2030) "Energy Standards" for new buildings. The conditions for meeting the `Bnergy Standards" are subject to the "Cost Effectiveness" Protocol of SB 2030. Predicted use of potable water in the building must be at least 30% below EPA Policy Act of 1990. Predicted water use for landscaping must be at least 50% less than a traditionally irrigated site using typical water consumption for underground inigation systems standards. Actual solid waste of construction materials, excluding demolition waste, must be at least 75% recycled or otherwise diverted from landfills. Indoor Environmental Quality must be addressed through the following strategies: a. ventilation based on ASHRAE 62.1-2004 or meet the minimum requirements of Sections 4 through 7 of ASHRAE Standard 62.1-2007 b, construction IAQ management plan c. low-emitting materials d. thermal comfort Storm Water Management Requirements: a. Site Eligibility: Sites with'/< acre or more of total land disturbance b. Rate Control: 1.64 cubic feet per second (cfs) /acres disturbed a Water Quality Management: For a 2 yeaz, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP), by implementing Best Management Practices (BMPs) outlined in "Urban Small Sites Best Management Practices" handbook (Metropolitan Council), "Protecting Water Quality in Urban Areas" handbook (Minnesota Pollution Control Agency), the "Minnesota Storm water Manual" (Minnesota Pollution Control Agency). All BMP treatment systems for subject site need to include safety factors, maintenance, and a back-up plan in case of failure. All manufactured devices require independent laboratory testing to confirm product claims. � For large multi-family residentia] projects, LEED fot New Construction is the standard rather than LEED for Homes. o�-i��� 130 131 132 133 7. 134 135 8. 136 137 138 d. Volume ControU Infiltration: Maintain or increase infiltration rates from pre-project site conditions. e. Operation and maintenance: All practices must have an O and M plan. Predicted greenhouse gas emissions must be reported to the Minnesota Sustainable Building 2030 database by the design team or building owner. Annually, actual energy data for the project must be submitted to the Minnesota Sustainable Building 2030 database, by the building owner or by the building's utility service provider(s) with permission of the owner; and be it 139 FURTHER RESOLVED, that each project's compliance with the Green Building Policy must be verified, 140 in accordance with the verification method specified by the Developer-selected rating system; and be it 141 142 FURTHER RESOLVED, that in the event of notification of non-compliance, and reasonable opportunity to 143 cure, the City will refer the project to the Sustainable Building Technical Committee, which will consider 144 remedial action, and make recommendations to the HRA Executive Director or his/her designee; and be it 145 146 FURTHBR RESOLVBD, that upon a recommendation from the Sustainable Building Technical Committee, 147 the HRA Executive Director or his/her designee may require remedial action, limited to the amount of funds 148 granted to the Developer; and be it 149 I50 FURTHER RESOLVED, that the requirements of the Policy may be waived, in whole or in part, by the 151 HRA Board after consideration of the advantages and disadvantages of a waiver, and upon showing by the 152 Developer a compelling public purpose; and be it 153 154 FL3RTHER RESOLVED, that the Policy will apply to projects for which schematic design is initiated after 155 July 1, 2010; and be it 156 157 FINALLY RESOLVED, modification or expansion of the Policy requires assembly of a Sustainable 158 Building Policy Committee, analysis by the Sustainable Building Technical Committee, and a City Council 159 public hearing priar to enactment. 160 161 162 Requested by Department of. Adoption Certified by Counml ecretary BY� / / (_/✓v/J��ii l/�SOr� Approved by Mayor. ate �-L���� By: By: Approved by the Office of Financial Services By: Approved by City Attorney By: Approved by Mayor for Submission to Council By: Adopted by Council: Date �O�//!%� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � (�l�i�a�7 DepartmentlOffice/Council:' Date Initiated: I G�_Council 02DEC2009 Green Sheet NO: 3090237 Deoartment Sent To Person InitiaVDate ConWCt Person & Phone: Samantha Henninpson � 66-8641 1 ouncit Assign 2 ouncil Must Be on Council Agenda by (Date): Number 3 i Clerk 06-DEC-09 Q Fnr Routing 4 Doc. Type: RESOLUTION Order 5 E-Document Required: Y Document Contact: ConWCt Phone: Total # of Signature Pages _(Clip All Locations for Signature) ACtion Requested: Approval of resolution adopting a Sustainable Building PoLicy with which any new construction project receiving more than $200,000 in Ciry and/or HRA funding, is required to comply. Recommendations: Approve (A) or Reject (R): Personal Service Contracks Must Answer the Following Questions: Planning Commission 1_ Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No . Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): . AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financia l Information: (Expfain) December 2. 2009 11:22 AM Pana � 09-1377 RECOMMENDATION A SUSTAINABLE BUILDING POLICY FOR SAINT PAUL NOVEMBER ZOO9 09-1377 REPORT PREPARED BY: ELLEN T. BROWN, CONSULTANT AND JOHN CARMODY AND RICHARD STRONG� CENTER FOR SUSTAINABLE BUILDING RESEARCH� UNIVERSITY OF MINNESOTA 2 09-1377 ExecutiveSummary ........................................................................................... 5 Introduction........................................................................................................ 8 Costs and Benefits of Building Green ............................................................10 WhatOther Cities Are Doing .........................................................................12 Mandatory requirements vs incentives ......................................................................... 12 Broad vs targeted application ........................................................................................ 13 New policy vs modification to existing policy ............................................................... 14 Existing certification system(s) vs unique one .............................................................. 15 Performance vs prescriptive standards ........................................................................ 15 Third-party certification vs self-regulated enforcement ............................................. 16 The Recommended Sustainable Building Policy ..........................................18 Applicability.................................................................................................................... 18 Assistance to Participants ............................................................................................... 19 Requirements: Rating Systems ...................................................................................... 19 Requirements: The Saint Paul Overlay ........................................................................ 21 Verification of Compliance ............................................................................................ 23 Further Policy Recommendations ................................................................................. 24 NextSteps .................................. ...... 25 Appendix A: Advisory Group and Core Work Group for Development of Saint Paul Sustainable Building Policy ................................................ 26 Appendix B: City Policies Reviewed ............................................................. 28 Appendix C: Summary of A Survey of Green Development Policies for the 301argest Metro Areas in the US ........................................................ 29 Appendix D: The Saint Paul Overlay ........................................................... 31 3 09-1377 Appendix E: A Generalized Depiction of the Development Process, including Steps Related to Sustainability ................................................. 31 AppendiY F: Suggested Resolution to Implement Saint Paul Sustainable Building Policy ................................................ Error! Bookmark not defined. 0 09-1377 EXECUTIVE SUMMARY Achieving Saint Paul's goal of becoming the most livable city in America requires action on many fronts. One is working to reverse the effects of environmental degradation that impair healthy living: reducing global warming, ensuring good air and water quality, providing healthy indoor environments and reducing solid waste. Creating environmentally sustainable buildings is a key step in this reversal. Why do buildings play such an important role? "In the United States, buildings use one third of our total energy, two-thirds of our electricity, one-eighth of our water, and transform land that provides valuable ecological services. Atmospheric emissions from the use of energy lead to acid rain, ground-level ozone, smog, and global climate change. Because of these fundamental environmental issues, and in addition to the increasing cost of energy, it is vitally important to consider the adoption and implementation of energy efficient building codes as sound public policy in any rebuild effort."� In Januazy 2007 with Mayor Chris Coleman's support, the Saint Paul City Council unanimously adopted a requirement that all new City buildings, and those undergoing major renovation, must comply with the Minnesota Sustainable Building Guidelines (B3) or achieve a Leadership in Energy and Environmental Design (LEED) Silver status, LEED being one of the preeminent rating systems for judging environmental sustainability. The first building constructed under this policy was the Saint Paul WesCern District Police Station on Hamline Avenue. Expanding on the commitment to its own buildings, the City sought a grant from the Minnesota Pollution Control Agency to develop recommended changes to City policies and practices that govern and manage new private development with public investment. With the guidance of a 50-person Advisory Group, a dozen-member Core Work Group has crafted a Sustainable Building Policy recommendation and outlined its integration into Saint Paul's development process. (Advisory and Core Group members are identified in Appendix A.) The Environmental Law Institute published a report in Apri12008 reviewing more than 25 municipal policies that advance green building in Che private sector. The policies include: (i ) establishing mandatory green building criteria; (2) providing expedited review as an incentive for green building; or (3) offering other direct financial incentives www.adaweb.neVdepaRments/developmentservices/documents/W HYAREENERGYCODESIMPORTANT.p df t "Municipa] Green Building Policies: SVategies for Transforming Building Prac[ices in the Private Sector", Environmen[a] Law Institute, Washington DC, April 2008. http://www.elistore.org/reports_detail.asp?ID=11295 09-1377 for green building, including grants, fee waivers, tax breaks, and bonus development. The recommended Saint Paul Sustainable Building Policy offers some benefits and incentives for participation but relies principally on requiring certain private development to comply with its requirements. The key elements of the proposed Policy follow. • Assistance in sustainable design and implementation, as described in the City Council Resolution, will be offered to all projects that follow the Sustainable Building Policy, whether by requirement or voluntarily; • Policy compliance will be required of new construction projects receiving more than $200,000 in City funding from any combination of loans, grants, land writedown or other funding vehicles; • Projects must achieve a designated level in one of seve� rating systems such as LEED Silver for New Construction; and • Prerequisite conditions must be fulfilled related to seven priority environmental factors and operational data on energy use must be reported annually ("the Saint Paul Overlay") In implementation, the Saint Paul Department of Planning and Economic Development (PED) will designate one or more Sustainability Facilitators to shepherd projects through the development process, ensuring smooth compliance with the Sustainable Building Policy. At the developer's� request, PED will assist in locating sustainable design experts with in-depth experience to assist them with specific issues. These experts may be city staff, employees of non-profit organizations such as the Saint Paul on the Mississippi Design Center, or private consultants. Verification of compliance with the Policy at the completion of construction will be managed according to the developer's chosen rating system. Some requize third-party certification; others require a simple affidavit of compliance from the designer, developer or owner. After two years oP implementation, City staff will review Che Sustainable Building Policy's workability and goa] attainment, making adjustments as necessary. At that time, application to a wider range of projects will be considered as well as potential adjustment to a higher level of performance. Using current development projects for comparison, it is estimated that 15 - 20 projects per year would be required to comply with the Policy. Given mazket forces that aze creating increasing demand for "green" buildings nationwide, we estimate that developers might seek sustainable design and implementation assistance for an equal number of projects complying with the Policy voluntarily. � The term "developer" is used to indicate [he recipient of City funds for a construction project or the developer of a projec[ who is voluntarity complying with the Policy. 09-1377 Suilding green is not onty good for the environment; it is good for the building owner's bottom line. Many studies have shown the increased cost of a project from the type of policy proposed here to be in the 2% - 3% range with paybacks from 3 to 10 years. (These studies are presented with more detail in Section 2: Costs and Benefits of Building Green.) Perhaps the most persuasive data on the benefit to the owner though is the U.S. Green Building CounciPs (USGBC) certification of neazly 2000 projects with another 15,000+ in the pipeline. It is unlikely the mazket would grow at this level if significant cost savings were not possible. 7 09-1377 INTRODUCTION Saint Paul wants to be the most livable city in America. Along with other factors such as expanding economic opportunity, ensuring public safety and providing quality and accessible education, Mayor Chris Coleman describes livabitity as ensuring healthy communities and healthy lives for Saint Paul citizens. Part of this goal is: taking proactive steps to protect our Ciry's air, water and urban landscape by focusing on carbon dioxide reduction, energy efficiency and conservation, clean energy supply, alternative transportation, water qualiry, recycling, waste reduction, green space and reforestation. By signing the US Conference of Mayors Climate Protection Agreement, Mayor Coleman has specifically committed Saint Paul to reducing greenhouse gas emissions to seven percent below 19901evels by 2012. Achieving this goal will require that buildings in Saint Paul aze constructed and operated sustainably. Carbon dioxide (COZ) emissions, resulting from human activity, are a significant contributor to the greenhouse effect Chat is causing global climate change. Buildings account for nearly 40% of U.S. COZ emissions and total energy consumption, as well as some 70% of electricity consumption. Buildings use 30% of raw materials in the U.S. Construction and demolition waste accounts for nearly a third of the solid waste generated in the Twin Cities metropolitan area. Clearly, the built environment must become more environmentally sustainable if Saint Paul is to comply with the Climate Protection Agreement. A Sustainable Saint Paul initiative, begun in 2005, coordinates Saint Paul's efforts in environmental protection and sustainability. Projects cover the breadth of environmental issues: transportation and transit, development, clean air, waCer treatment, rivers/lakes/ streams/wetlands, natural resources, energy conservation, water reduction and recycling. Created by the City in July 2005, an interdepartmental work group on environmental sustainability has concentrated on city practices. Their work led to adoption of tt�e requirement that all new City buildings, and those undergoing major renovation, must comply with the Minnesota Sustainable Building Guidelines or achieve a LEED Silver status Then in 2007 the Mayor's office undertook a project, with funding from the Minnesota Pollution Control Agency (MPCA), to create policies, procedures and regulations to support and guide sustainable ("green") development within the City. 'Green Building by the Nnmbers, USGBC, September 2008. ww w. usgbc.org/DisplayPage. aspx?CMSPageID=1718 09-1377 An Advisory Group with representatives from the design and construction industries, developers, bankers,regulatory agencies and others provided guidance. A Core Work Group of City staff and industry representatives crafted the recommendations. The effort was led by Saint Paul consultant Ellen T. Brown and John Carmody and Richazd Strong with the Center for Sustainable Building Research at the University of Minnesota. This report presents the recommendations of the group. (See Appendix A for a list of participants.) The key elements of the proposed Policy, each of which is addressed in detail below; are: • Policy compliance will be required of new construction projects receiving more than $200,000 in City funding, from any combination of loans, grants, land writedown or other funding vehicles; • Assistance in sustainable design and implementation, as described in the City Council resolution, will be offered to all projects that follow the Sustainable Building Policy, whett�er by requirement or voluntarily: • Projects must achieve LEED Silver or equivalent level from one of seven rating systems or guidelines: and • Prerequisite conditions must be fulfilled related to seven priority environmental factors and operational daCa on energy use must be reported annually ("the Saint Paul Overlay"). Before looking at the policy in detail, consider the cost and benefits of building green. 09-1377 COSTS AND BENEFITS OF BUILDING GREEN The demand for green buildings—whether commercial, industrial or residential—is increasing nationwide. This growth has come despite the commonly held belief that green construction is substantially more expensive than traditional methods. In fact, cost data belie this belief and market growth supports the data. Over the past eight years, the U.S. Green Building Council had certified as green nearly 2000 projects, with another 15,000+ in the pipeline. In the residential market, "[we] have hit the tipping point for builders going green," said Harvey M. Bernstein, McGraw-Hill Construction vice president of Industry Analytics, Alliances and Strategic Initiatives. "This year, the number of builders who are moderately green—those with 30% green projects—has surpassed those with a low share of green— those who aze green in less than 15% of their projects. Next year, we will see even greater growth, with highly green builders—those with 60% green projects—surpassing those with a low share of green. This year has seen an 8% jump over last year, and we expect another 10% increase next year." � An assessment of additional design and construction costs for green buildings are difficult to come by for several reasons. Most projects are not priced equally in both the green and a non-green mode. The capital costs of building green are frequently borne by a different party than the operational cost savings realized (the combination of the two is commonly referred to as life cycle cosC). And each building is unique in location, site, design, use, etc so side-by-side comparison to other buildings is very difficult But, in a recent study of 33 properties in California that did compare costs of green vs. conventional construction, the upfront cost of going green was about 2 percent higher. This amounted to about $3 to $5 per square foot.' Despite such evidence, from this and other reports, that building green is only modestly more expensive, in a 1400 person global survey in 2007, respondents reported their perception that the additional cost of buildi�g green is 17 percent above conventional construction.� The USGBC estimates that the annual U.S. market in green building products and services was more than $7 billion in 2005, $12 billion in 2007 and projected to increase to $60 billion by 2010. If there were not cost savings and environmental protection to be gained from green construction, it seems unlikely that the market would be growing exponentially. The Costs and Financial Benefits of Green Buildings: A Report to California's Sustainable Building Task Force, finds that an upfront investment of less than two � www.consUUCtion.com/AboutUs/2008/0512pr.asp `ezineaRicles.com/?Is-Green-Conshvc[ion-More-Expensive?&id=447481 $ www.wbcsd.org/plugins/DocSearch/details.asp?type=DocDet&Objectld=MjUSMTM § www.usgbc.orgNisplayPage.aspx?CMSPageID=124 10 09-1377 percent of construction costs yields life cycle savings of over ten times the initial investment.' When New York City adopted a een requirements for municipal buildings in 2006, a financial analysis indicated that the savings associated with reduced energy and water costs alone would offset debt service payments on any increase in capital expenditures resulting from the ordinance.' Approaching building green from a life-cycle cost point of view is key. The USGBC estimates that green buildings on average trim energy costs by 30 percent and cazbon emissions by 35 percent, cut water usage by 30 percent to 50 percent, and generate a 50 percent to 90 percent reduction in waste costs. "The more you're optimizing your energy, the more money you're going to save in the long run for the operating and maintenance of the building."` An analysis by Capital E, a national provider of strategic consulting, technology assessment and deployment, and advisory services to firms and investors in the clean energy industry, examined 30 green schools built in the last five years. Average national school construction cost is $150/ft and the typical cost of greening was an additional $3/ft or an additional2%. Over time, green schools use 30% less energy and water than conventional schools. These changes save water and reduce carbon emissions, and result in direct savings of $l llft� during the life of the school, which is almost four times the cost of greening. The Weidt Group is a local firm that provides software and sustainable design consulting services to architects, engineers, and owners in the process of building design. Their study reported that, for each building type evaluated in the study (libraries, middle/high schools, offices, retail), the mean and median simple paybacks [for high performance integrated energy design features incorporated in actual projects] were less than 3 years. ...Only two buildings exceeded 3 years.�' Maximizing cost savings and realizing long-term benefits requires very early incorporation of green design and construction methodologies into a project If green measures are added as an afterthought, they will both cost more and be less effective in producing savings. But, if a project is designed from the first day with environmental factors in mind, additional costs will be minimal and the return on investment from life- cycle savings can be substantial. That is why these recommendations encourage and assist developers with early consideration of green design. # California lnte�ated Was[e Management Boazd, October 2003 ' www.constructionweblinkscom/ResourcesQndustry_Reports_Newsletters/Jan_15_2007/newy.htm] ' www.usgbc.org/News/USGBCInTheNewsDetails.aspx?ID=3288 � www.cap-e.com/ewebeditpro/i[ems/059F11233.pdf �} Top Siz Benefits of Building Green, Weidt Group 11 09-1377 WHAT OTHER CITIES ARE DOING Dozens of cities across the U.S., and many more in Europe and elsewhere, have adopted policies to encourage or require environmentally sustainable buildings. Some have high standazds, some lesser ones. Some aze mandatory, some voluntary with incentives offered to encourage participation. In developing the recommendation for Saint PauPs Policy, we looked at many cities' policies. (See Appendices B and C.) If adopted as recommended, this policy will make Saint Paul a Midwest leader and place us in about the middle of the group when compared with cities nationwide. But Saint Paul will be among the few innovators that have addressed local priorities, as is proposed here with the Saint Paul Overlay. As the Environmental Law Institute reported in its 2008 review of municipal green building policies, "[a] key to developing an effective green building policy is aligning the elements of the policy with the political, economic and institutional circumstances oP the municipality." � Mandatorv requirements vs. incentives About half of the cities we reviewed have mandatary requirements that were adopted at the beginning of their program. Razely does a city move from a voluntary program with incentives to a mandatory one. One of the main incentives offered in voluntary programs is expedited processing of building permits, inspections, and other city reviews. Saint PauPs Department of Safety and Inspections (DSn already has an exemplary track record in the timeliness of project review so expedited processing would provide only a nominal benefit in Saint Paul. Some communities offer direct financial incentives ranging from property tax breaks to grants and fee waivers. Obviously, this type of incentive depends on the financial resources of the municipality. The pressure on Saint Paul's property ta�c revenues and the recent reductions in local government aid from the State of Minnesota preclude the City from offering financial incentives at this time. However, in the future, the Advisory C'sroup hopes the City will be able to consider incentives of this nature. Bonus development incentives—such as allowing higher density, lower parking allowances, or similar variances from the norm—aze often offered in other cities to encourage voluntary participation. In Saint Paul, a new Comprehensive Plan for the City �Environmental Law Institute, op cit, page.v. ` Direc[ Fnancial incentives are more commonly rela[ed to a specific environmen[al fac[or such as water or energy use. But a few ci[ies, Usted in Table A, do have financia] incentives tied to broad based green policies. 12 09-1377 is nearing final approval. The Plan includes language encouraging the exploration of using these tools more in Saint Paul to achieve desirable development outcomes such as increasing the producrion of housing. These incentives could be expanded to include green development. For now, the core aspect of the recommended policy for Saint Paul is mandatory participation for major city-funded projects with technical assistance incentives to encourage voluntazy participation by others. Broad vs. targeted apulication Other cities' policies range from applicability to government buildings only to being required of all new construction in the community, with a number of versions in between these extremes. Some focus on small residential developments; others on the commercial sector, in whole or in part. Some apply only when city funds are involved, others when any city action...whether zoning approval, variance or some other action....is taken. Appendix C shows the applicability for the 30 largest metropolitan areas in the U.S. Limiting application only to the commercial or industrial or residential secCOrs does not seem to make sense for Saint Paul, with its rich mix of all three sectors, unlike for a suburban community that might be seeing substantially more residential growth, for example. Apglying the Policy in a limited way to, for example, projects in the Central Corridor or to those in the immediate Mississippi River corridor would probably not present sufficient projects in two years to get a good reading of the Policy's workability. Many communities use a minimum square footage threshold at which coverage by their policy would begin. This is particularly true when the city applies their policy to all construction of a certain type rather than limiting it to certain zoning districts or to those with public funding. With a monetary threshold of $200,000 in City investment, this recommended Policy does not need a square footage minimum. Although the density of Saint PauPs existing development puts major new construction in a minority category vs. rehab/renovation, the latter type of project is often more difficult to evaivate in terms of sustaina6ility. Not all the third party rating systems offer fu11y developed subsystems for rehabs and renovations. And as the scope of renovation projects can vary widely, iC can be difficult to apply rating systems uniformly even when they are developed. For example, one project might fall in the LEED Commercial Interiors subsystem while another, more extensive one, would fit into LEED New Constructaon. In two years' time, we can expect that these systems will have been improved and more local firms will have developed experience in using them. Existing buildings are the bulk of Saint PauPs land use. How these buildings operate—in water use, energy use, solid waste management, etc—probably have a greater impact on 13 09-1377 our environmental sustainability than any other aspect we could regulate. Some interesting methods to incent building owners to more sustainable operations aze in use� and more aze being developed but working out the complications of implementation for existing buildings in Saint Paul were beyond the scope of this project. Building Owners and Management Association (BOMA) International has issued a seven-point challenge to its members to reduce the use of natural resources, non- renewable energy sources and waste production. One quan[itative goal is part of the challenge: reduce energy consumption by 30%. If adopted by the Saint Paul BOMA chapter, this program could provide a base from which to build an existing buildings policy. In its first phase, Saint Paul's Policy will be mandatory only for new construction projects receiving more than $200,000 in ciry funds, as described in the City Conncil resolution. By limiting applicability in its first few years, the Policy can be judged for workability and goal attainment with a limited number of projects before being expanded to other project categories. New nolicv vs. modification to existinE nolicv The cities with required polices have enacted them as legislation under different areas of municipal authority: municipal zoning, land use or planning codes. Some have made them part of the municipal building code (Boston and Scottsdale AZ are two), though most states restrict municipal authority to alCer building codes. Minnesota law prohibits any city's building code from being stricter or more lenient than that of the State code. Modifying Saint Paul's Building Code to include green requirements is not an option at this point. The Zoning Code could be a vehicle for implementing sustainable requirements but it would noC be a clean way. Zoning is about land use, not about the design and construction of what goes on the land, except for the siting of the building. Incorporating green design and construction requirements into the zoning code would confuse rather than clarify both. The Sustainable Building Policy is presented here to be enacted as a stand-alone document. � For example, to encourage water conserva[ion, Boulder CO has implemented a water budget rate structure. A wa[er use budget is set for each property based on building size/type/function and predic[ed or actual use data. The base rate for water is charged for use within 61% - 100% of the property's budget. Lower usage is billed at three-fourths of the base rate. Higher usage is billed at twq three or five times the base ra[e, depending on gallons of water used. 14 09-1377 Existin� certi�cation svstem(s) vs. unique one Flexible, point-based rating systems that assign points to various "green" attributes have become the accepted way to evaluate a building's sustainability. There aze a number of third party systems. Some cover more than one type or project; others are only for either residential or commercial buildings. Each addresses the major environmental factors, some placing more emphasis in one area than another. Most have a combination of mandatory and optional requirements. Some require third-party certification; others pernut first-party or self-regulation. They have been extensively tested in thousand of projects and in dozens of communities. Many professionals in the building industry are quite familiaz with the systems. Using these systems greafly reduces the resources required of a city to design and enforce their policy. The vast majority of municipal policies aze based on one or more of these existing rating systems. A large majority of communities choose only one rating system, the USGBC's LEED system, though some also allow systems more customized to their region. This recommendation for Saint Paul proposes that developers have a choice of seven systems, each of which has its merits. In some types of projects, affordable housing for example, a rating system, Minnesota Green Communities, is already required by the Minnesota Housing Finance Agency. If a project has state as well as city funding, it must comply with the State's Sustainable Building Guidelines. Residential projects require different criteria than commercial ones. Excluding any of the recommended rating systems will put a hardship on a developer who may have to comply with two systems or use a system that is not geared to the particular type of project being developed. Also developers expressed the sentiment that they should be able to select the rating system that might most benefit their position in ehe marketplace. At the same time, Saint Paul has its own priorities among the environmental factors these rating systems cover. Thus, specific prerequisite conditions must be fulfilled wiChin each system. These prerequisites are recommended herein as the 5aint Paul Overlay. By specifying them within each system, rather than establishing a separate framework, the burden of validating compliance is minimized. Performance vs. nrescriptive standards Green building can be encouraged by performance standards that require certain outcomes or mandated by prescriptive standards that delineate certain methods in design and construction. Performance standazds might specify, for example, a certain level of water or energy use be predicted by calculation, or require a percentage of construction waste to be recycled. Prescriptive standards might require native plants to reduce water use for landscaping, recycled content materials, particular construction techniques to minimize waste. Performance standards generally achieve desired outcomes, allow more flexibility for design and construction teams, encourage innovation by not mandating how-to 15 09-1377 techniques, and are easily adapted to project variables (use, scale, location, etc.). Performance standards can be more challenging to administer and more challenging for the design team as they require the designers to figure out the solutions. And not all outcomes can be easily measured, so performance standazds are not viable in relation to some environmental factors. On the other hand, prescriptive standazds, by describing what must be done rather than what must be achieved, aze easier to administer, easier to implement by the design team, and eliminate the need to develop outcome measures. But they do not always lead to the desired outcome and, as would be expected, do not generally encourage innovation nor allow as much flexibility in design/construction as performance standazds. By using existing rating systems, the Saint Paul Policy will be based on a mix of performance and prescriptive standards depending on each system's approach. The Saint Paul Overlay has six performance requirements and one prescriptive standard, this latter addressing indoor environmental quality where quantitative measures have not been fully developed. Third-nartvi certi6cation vs. self-regulated enforcement Oversight of projects to ensure that they incorporate required green features in the design and actual construction is crucial to the inCegrity of the Sustainable Building Policy. Because of the cost to the developer, many communities with mandatory policies do not require official third-party certification even if the chosen rating system does require such. But the market is placing a higher and higher value on third-party certifications and most developers, certainly those of large projects, see the cost of third-party certification as a marketing investment. A self-certifying rating system are an option for those who do not wish to incur the added expense of third-party certification. If third party certification is not required, the architect, contractor and/or developer are usually required to submit an affidavit of compliance to the municipality. Some communities randomly audit projects when self-certification systems are used, or audit every fifth or seventh project. Others rely totally on self-regulation. The recommendation for Saint Paul is for each project's compliance with the Sustainable Building Policy to be verified, in accordance with the verification method specified by the developer-selected rating system, whether third-party or self-certification. Remediating non-comnliance Regardless of the method for validating compliance, there must be a means of remediation in the event of non-compliance. Various methods aze used around the country including withholding of final occupancy certificates until projects comply; requiring offsetting green practices in operation and maintenance, monetary penalties and performance bonds. 16 09-1377 It is not feasible to try to modify a completed building with green features if those designed into the building were not actually implemented. So withholding the certificate of occupancy until a project is remediated is impractical. Withholding some portion of the City's funding of a project as a monetazy penalty in the event of non-compliance is likewise not feasible as that money would likely have been spent earlier in the project's life. Generally, public money is dispensed at the front end of a project. Requiring the developer to purchase a performance bond against Policy compliance sounds feasible on the surface but financial institutions would be hazd pressed to price such an instrument. The Saint Paul Policy assumes good faith effort on the part of a participating developer. Non-compliant projects will be referred to the Sustainable Building Technical Committee, which will consider remedial action, and make recommendations fo the HRA Executive Director or his/her designee; for action. In-house staffin� vs. outsourcin� The Environmental Law Institute reports municipalities using "a variety of approaches to staffing, including: (1) changing the job responsibiliries of existing staff, (2) hiring new staff, (3) using staff from the city's pre-existing green building program, (4) hiring green building consultants to supplement agency staff, and (5) requiring project applicants to hire their own green building professionals."� Some cities offer financial incentives for staff Co become accredited by third parry xating systems. A combination of internal and external resources will be required for implementation of Saint Paul's Policy. Staff training to acquire the necessary expertise is already in process in both PED and DSI. City Sustainability Facilitators will shepherd each project through the city's development process to ensure that all aspects of the Policy are addressed. A combination of city staff, specialists from non-profit organizations such as the Design Center and private consultants will provide assistance with specific design and construction issues. Over time, with the increasing demand for green buildings, architects and builders will all become knowledgeable about these issues and more and more city staff will be trained. Environmental Law InsCitute, op. cit., p. viii. 17 09-1377 THE RECOMMENDED SUSTAINABLE BUILDING POLICY Applicabilitv For Saint Paul, the recommended policy indicates that any new construction project receiving more than $200,000 in City funding, from any combination of loans, grants, land writedown or other funding vehicles, at or after the time of closing, be required to comply with Che Sustainable Building Policy. The term "project" includes parldng structures and parking lots and any addition to an existing building that includes a new heating/ventilation/air conditioning (HVAC) system. While both the Advisory and Core groups discussed applicability to new buildings not receiving public funding and to rehab/renovation projects, as well as to the operation of existing buildings, the recommended Policy is to first apply only to new development with public investment, with potential expansion to other caCegories after two years. City funding is defined as money that comes from the following sources: Community Development Block Grant (CDBG), Tax Increment Financing (TIF), HOME Investment Partnership Program (HOME), Multi-Family Housing Revenue Bonds, federal Low Income Housing Tax Credits (LIHTC), other federal, state, and Metropolitan Council funding programs, Housing and Redevelopment Authority (HRA) funds, HRA land writedown (to be valued at mazket rate), and any other City of Saint Paul funds (including STAR). Saint Paul Port Authority projects are already required to comply with that agency's own Green Design Policy Review. If they receive more than $200,000 in City funding from one of the above sources, they will also have to comply with the performance requirements of the Saint Paul Overlay. Because of Saint Paul's age, most of the land is already covered with built structures. Renovation/rehabilitation of buildings for either same or converted use are more common projects than new construction. The complexity of this type of project makes the rating systems more complicated to apply. Yet, some of the largest and most impor[ant projects in the City over the next three years are likely to fall in this category. It is anticipated that renovation and rehabilitation projects will be covered by a sustainable development policy in the future. fE:3 09-1377 Assistance to Develoners With the introduction of new steps in the City's development process, PED will offer developers, whether participating as a requirement or voluntarily, the services of a Sustainability Facilitator to help guide each project through the development process, helping ensure adherence to the sustainability requirements. The Facilitator will: ■ review the sustainability requirements with the developer; ■ explain the offered design assistance and energy modeling; ■ assist them in making a choice among the eligible rating systems; ■ participate in concept, site and code plan review meetings; ■ review, with support from DSI, their plans against the Saint Paul Overlay requirements; and • coordinate appropriate signage for project site. Assistance from the Facilitator should make the process run smoothly from the onset and provide an early warning system of any problems with the application of the Policy. At the developer's request, the City will also help identify sustainable design experts with in-depth experience on specific issues, whether site, building or operational. Depending on the issue, these services could come from: ■ qualified staff from the City and other public entities; ■ qualified public or non-profit organizations such as the Saint Paul on the Mississippi Design Center, Capitol Region Watershed District, Ramsey- Washington Metro Watershed District, Great River Greening; or ■ qualified design professionals in the private sector. Additionally, the City will, as necessary, act as a liaison between the developer and Xcel Energy, District Energy and/or qualified organizations to secure energy modeling and other analysis for participating projects. This type of modeling is of great help in optimizing the energy performance of the design, which is a component of the Saint Paul Overlay. Xcel currently offers modeling for new construction and/or renovations of buildings greater than 2Q000 square feet through their Energy Design Assistance program. Saint Paul will seek its extension to all buildings that comply with the Sustainable Building Policy. Finally, to ensure that developers get the credit they deserve for building in a sustainable fashion, the City will develop signage and labeling for compliant buildings both during and post-construction. Requirements: Ratin� Svstems Saint Paul's Sustainable Building Policy will offer developers seven rating systems, with the level of achievement indicated below, from which to choose: 19 09-1377 Commercial Projects: • LEED New Construction (NC) 22, Silver or • Green Globes, 2 globes or • Minnesota Sustainable Building GuidelinesB3 Compliant or • Saint Paul Port Authoriry Green Design Review (as applicable) Residential Pro'�ects: • LEED for Homes (H) or LEED NCx, Silver or • Minnesota GreenStar, Silver or • Green Communities, Minnesota Overlay Compliant Perhaps the best known rating system is Leadership in Energy and Environmental Design (LEED) developed in 2000 by the U.S. Green Building Council. Widely used throughout the country, LEED has become increasingly sophisticated with subsystems for new construction, homes, existing buildings, and neighborhoods currently in use and others in development. LEED promotes a whole-building approach to sustainabiliry by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. The LEED system requires third-party verification of achievement at the end of construction. Within the LEED system, a project can be simply certified or can achieve a Silver, Gold, or Platinum level, each denoting a greater incorporation of green technologies. Achieving LEED Silver level is one of two systems required by the City of Saint Paul on its own new buildings. (The other is the Minnesota Sustainable Building Guidelines.) Green Globes is a rating system originally developed in Canada in 1996 for use with existing commercial buildings. Now also used in the US through the Green Building Initiative, Green Globes has expanded to include new commercial construction and significant renovations as well as management and operation of existing buildings. It delivers an online assessment protocol, rating system and guidance, making for ease of use. Third party verification of compliance is similar to LEED's with a project able to earn one to four globes. One concern about naUonal rating systems such as LEED and Green Globes is their indifference to variations in climatic conditions and other environmental factors throughout the country. In an effort to maintain regional values, priorities and requirements, the State of Minnesota adopted the Minnesota Sustainable Building Guidelines, known as B3 (Buildings, Benchmazks and Beyond), which apply to all projects receiving state bond money since 2004. The intent is for the guidelines to lead eventually to a full accounting of the actual human, community, environmental, and life- cycle economic costs and benefits of sustainable building design. Rather than requiring third-party verification, B3 requires documentation to be submitted by the builder to the agency receiving the bond funds and to the Center for Sustainable Building Reseazch at the University of Minnesota, which helped develop the B3 guidelines. Complying with � For large multi-family resideatial projec[s, LEED for New Construction is the standazd rather than LEED for Homes. 20 09-1377 the Minnesota Sustainable Building Guidelines is one of two systems required by Saint Paul on its own new buildings and those that undergo major renovation. (The other is achieving LEED Silver.) All projects built on Saint Paul Port Authority land must follow the Port Authority's own Green Building Design Review policy. It has links to LEED and the State B3 Guidelines and also includes cazbon footprint benchmazking. Certification of compliance is similar to other building rating systems. The Green Building Design Review policy will be available for Port Authoriry projects only. Minnesota GreenStar, developed by Minnesota's residential building and remodeling industry, is a rating system designed specifically for the residential sector. It is managed by a non-profit organization with governance by the residential building industry and others. The rating system is supported by a mandatory education program for architects, designers, builders and remodelers, as well as general education for homeowners, lenders, real estate agents, and public officials. Third-party verification is fundamental to this rating system with homes able to receive a bronze, silver or gold level of achievement. Green Communities is the first national green building program developed for affordable housing. Minnesota Green Communities is a collaboration of the Greater Minnesota Housing Fund, the Family Housing Fund, and Enterprise, the national non-profit that created the Green Communities rating system. The system focuses on the use of environmentally sustainable and healthy materials, reduction of negative environmental impacts and increased energy efficiency. The Minnesota Housing Finance Agency (MHFA) has a mandatory requirement that new affordable housing projects with MHFA funding meet a Minnesota Overlay to the Green Communities criCeria, which tailor it to specific environmental issues in Minnesota. Under this system, the architect, contractor and/or developer are required Co certify i� writing, at three stages of the development process, their intention to comply and actual compliance with all the mandatory criteria. LEED for Homes is another rating system offered by USGBC. Meant for single- and multi-family homes, it operates like LEED NC with a mix of mandatory and voluntary points and four levels of attainment. For lazge multi-family projects, LEED NC is the appropriate system. LEED homes are certified by LEED for Homes Providers — local organizations with demonstrated experience and expertise in their region's market. Repuirements: The Saint Paul Overlav Just as Minnesota has sougbt to inject statewide priorities, values and concerns into the Minnesota Suscainable Building Guidelines (B3) and added a Minnesota Overlay to the Green Communities system, so Saint Paul's Policy includes some prerequisite conditions, regardless of which rating system is chosen by the developer. These mandatory requirements are called the Saint Paul Overlay. 21 09-1377 Seven environmental factors and one process step comprise the mandatory Saint Paul Overlay. All but one of the factors is addressed with performance goals, as performance is, after all, the crux of the matter. The method of achieving these goals is up to the architect and contractor; prescriptive standazds are only a part of the indoor environmental quality categories where performance is not yet easily measured. In each of these mandatory categories, performance above the required goal would certainly be encouraged; but lesser performance would be considered non-compliance. Where the performance is related to a code or legislarive standazd (e.g. with energy and potable water) the requirement will be revised when/if these standazds change in the future. The Saint Paul Overlay requires that�: 1) Predicted energy use shall meet Minnesota Sustainable Building 2030 (SB 2030) "Energy Standards" for new buildings. The conditions for meeting the "Energy Standards" are subject to Che "Cost Effectiveness" Protocoal of SB 2030. 2) Predicted use of potable water in the building must be at least 30% below EPA Policy Act of 1992; and 3) Predicted water use for landscaping must be at least 50% less than a traditionally irrigated site using typical water consumption for underground imgation system standards; and 4) Actual solid waste of construction materials, excluding demoliUon waste, must be at least 75% recycled or otherwise diverted from landfills; and 5) Indoor Environmental Quality must be addressed through the following strategies: ■ ventilation based on ASHRAE 62.1-2004 or (Meet the minimum requirements of Sections 4 through 7 of ASHRAE Standard 621-2007) ■ construction IAQ management plan ■ low-emitting materials ■ thermal comfort; and 6) Storm Water Management Requirements: ■ Site Eligibility: Sites with'/a acre or more of total land disturbance ■ Rate Control: 1.64 cubic feet per second (cfs) /acres disturbed • Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP), by implementing Best Management Practices (BMPs) outlined in "Urban Small Sites Best Management Practices" handbook (Metropolitan Council), "Protecting Water Quality in Urban Areas" handbook (Minnesota Pollution Control Agency), the "Minnesota Storm water Manual" (Minnesota Pollution Control Agency). All BMP treatment systems for subject site need to include safety factors, maintenance, and � See Appendix D for an explanation of how compliance is satis£ied under each rating system. 22 09-1377 a back-up plan in case of failure. All manufactured devices require independent laboratory testing to confirm product claims. ■ Volume ControU Infiltration: Maintain or increase infiltration rates from pre-project site conditions. ■ Operation and maintenance: All practices must have an O and M plan; and 7) Predicted greenhouse aas emissions must be reported to the Minnesota Sustainable Building 2030 database by the design team or building owner; and 8) Annually, actual energy data for the project must be submitted to the Minnesota Sustainable Building 2030 database, by the building owner or by the building's utility service provider(s) with permission of the owner. Veri�cation of Compliance Each project's compliance with the Sustainable Building Policy must be verified, in accordance with the verification method specified by the developer-selected rating system. Certification by an independent third party is required by LEED, Green Globes and Minnesota GreenStaz. The Green Communities and B3 rating systems as well as the Saint Paul Port Authority's Green Design Review Process use self-certification. Green Communities requires the architect, contractor and developer to certify in writing, at three stages of the development process, their inCention to comply and actual compliance with all the mandatory criteria. With B3, the contractor must provide documentation of compliance to the agency receiving the bond funds and the Center for Sustainable Building Reseazch at the University of Minnesota. The Port Authority requires the developer to certify compliance with the associated covenants before the project is closed. The Policy will begin with self-regulation for these self-certification systems, moving to some method of auditing only if a problem with compliance becomes evident. The City will also participate in verifying compliance. Early in the development process, the Suseainability Facilitator will participate in design reviews, helping to ensure that features necessary for complying with the Policy are incorporated. Then, as part of its regular building inspections during the construction process, DSI will verify that the items related to sustainability in the design plans were in fact implemenCed. A flowchart of the development process with the sustainability steps highlighted is included in Appendix F. Variances to the Sustainable Building Policy will be considered by a City Sustainable Building Technical Committee. An expected need for a variance would be for programmatic or unusual site conditions; for example, in the stormwater requirement for a downtown site that has no arable land or in the indoor environmental quality requirements for a pazking structure. 23 09-1377 The City will assume a developer's good faith effort to comply with the Policy. The review of sustainabie features throughout the design and construction processes will help ensure compliance. Should actual operation of the building not reflect the predicted compliance, the Sustainable Building Technical Committee will review the situation to consider remedial action and make recommendations to the HRA Executive Director or his/her designee. Upon receiving recommendations from the Sustainable Building Technical Committee, the HRA Executive Director or his/her designee may require remedial action, limited to the amount of funds granted to the developer. The requirements of the Policy may be waived, in whole or in part, by the HRA Board after consideration of the advantages and disadvantages of a waiver, and upon showing by the developer a compelling public pucpose. Further Policv Recommendations Although the additional costs for building green, as discussed on pages 9- 1Q are not generally significanC, they still may add to the total bottom line costs of a project. Seeking to find ways to help developers with project financing, the City will work to develop incentive programs including bridge loans and possibly ESCO-style� funding programs with Xcel Energy. To encourage voluntary participation in the Sustainable Building Policy, the assistance provided to projects required to comply with the Policy is being offered to voluntazy participants as well. Further, a City study group will explore the feasibility of otber measures as incentives for non-required par[icipation. � A fairly recent financing innovation, energy services contracting, allows businesses to complete a major upgrade of energy-related systems witho�[ any up-fron[ investment. Provided by Energy Services Companies (ESCOs), these contracts can guazantee that a projecPs energy cost savings will be sufficient to cover [he projecPs deb[ and the ESCO's fee. ESCOs have been common for many years in Europe and more recently in Asia. 24 09-1377 NEXT STEPS Adoption of the Saint Paul Sustainable Building Policy will require City Council and HRA Board approval. A suggested resolution is attached in Appendix F. Assuming adoption of the Policy, important technical and organizational steps will be required to begin implementation. These include: ■ determining the membership and responsibilities of the Sustainable Building Technical Committee and the process for allowing variances to the Policy and possible action for non-compliance; ■ designating one or more Sustainability Facilitators within PED and educating them to ensure their familiarity with all of the Policy elements including the rating systems and the Saint Paul Overlay; ■ developing a database of sustainable design experts (an ongoing process as new technologies are developed and new providers appear); • developing procedures within both PED and DSI to incorporate the Policy in the current development process. Work has begun on this step and will be completed in- house; ■ educating PED and DSI staff who will be interfacing with the Policy and those required to apply it; and ■ creating educationallpromotional materials about the Policy for developers and the public. After two yeazs of implementation, the Policy will need to be reviewed for workability and goal attainment, with adjustments made as necessary. The appropriate level of compliance will also be reviewed with consideration given to whether to increase the overall level of sustainable attainment and/or adjust specific Overlay targets such as energy performance in order to fulfill Saint Paul's commitment to the US Conference of Mayors' Climate Protection Agreement. Assuming it has been successful, broader applicability will be considered, iocluding application to all new construction projects, major rehabhenovation projects, and the operation of existing buildings in the City. Further application might be staged, particularly if the standard of compliance for buildings with City funds is raised. For example, the early levels of sustainable attainment might be required of newly covered buildings for two years before raising them to a higher standard. F.Tc. 09-1377 APPENDIX A ADVISORY GROUP FOR DEVELOPMENT OF SAINT PAUL SUSTAINABLE BUILDING POLICY A broad and diverse group was sought for the Advisory Group. In addition to the participants listed below, invitations, background and presentation materials were extended to the following groups Minnesota Center for Environmental Advocacy, Building Association of the Twin Cities, CommonBond Communities, Saint Paul Area Realtors Association, Saint Paul Chamber of Commerce, Welsh Company, Saint Paul Building Trades Council, Metropolitan Council, Neighborhood Energy Consortium, Center for Energy and Environment. While we regret these organizations did not participate in the project, the following representatives who did participate represent the full gamut of the development industry. Michael Anschel, Principal, Otogawa-Anschel Design-Build, LLC Cecile Bedor, Director, Saint Paul Pianning and Economic Development Bruce Beese, Director, Saint Paul Public Works Bob Bierscheid, Director, Division of Parks and Recreation Kevin Campion, Commercial Lender, Bremer Bank Julie Causey, Chairman, Western Bank Merritt Clapp-Smith, Planner, Saint Paul Planning and Economic Development Vaughn Dierks, Architect, Wold Architects Margazet Egan, Chief Budget Analyst, Office of the Saint Paul City Council David Eijadi FAIA, Principal, The Weidt Group Julie Esch, Business Dev. Mgr., Mortenson Construction Gerry Flannery, President, Flannery Construction Jamie Flannery, Flannery Construction Readus Fletcher, Minority Busines Devel, Saint Paul Planning and Economic Development Brad Friesz, Stonebridge Construction Scott Getty, Accounts Manager, Xcel Energy Tim Griffin, Director, Saint Paul on the Mississippi Design Center Emily Goodman, Saint Paul Planning and Economic Development Monte Hilleman, V.P. Pres. Redev., Saint Paul Port Authority Robert Humphrey, Asst to the Director, Department of Safety and Inspections Anne Hunt, Deputy Policy Director, Mayor Christopher B. Coleman's Office Tom Hysell, Susiness Development Director , Mortenson Construction Wally Johnson Stonebridge Companies John Labosky, President and CEO, Capital City Partnership Yung Kang Lu, St Paul Planning Commissoner Deboarah Karasov, Director, Great River Greening Bob Kessler, Director, Department of Safety and Inspections Fred Koehler, Asset Manager, Meritex Enterprises, and BOMA Board Member Lorrie Louder, Director, Saint Paul Port Authority 09-1377 Stephanie McDaniel, BWBR Architects Matt Anfang, President, The Greater St. Paul Building Owners & Managers Association Laura Millberg, Green Building Specialist, Minnesota Pollution Control Agency David Morck, BKV Group Teiry Olsen, Architect, TKDA Engineers, Architects & Planners Luis Pereira, Planner, Saint Paul Planning and Economic Development Rick Person, Program Administrator, Saint Paul Department of Public Works Ken Potts, architect, McGough Companies Mason Riddle, writer Tom Riddering, Building Official, Department of Safety and Inspections Kurt Schultz, Saint Paul Planning and Economic Development Howell Shaw, Principle, Shaw-Lundquist Associates Angie Skildum, Family Housing Fund Larry Soderholm, Saint Paul Planning and Economic Development Jimmie Sparks, Energy Manager, Neighborhood Energy Connection Richard Strong, Research Fellow, Center for Sustainable Buiding Research Alex Young, VP Development, MSP Commerical Julie Vigness-Pint, District Technician, Ramsey Washington Metro Watershed District - District Energy St. Paul CORE WORK GROUP Emily Goodman, Department of Planning and Economic Development Tim Griffin, Saint Paul on the Mississippi Design Center Monte Hillman, Saint Paul Port Authority Anne Hunt, Mayor's Office Stephanie McDaniel, BWBR Laura Millberg, Minnesota Pollution Control Agency Luis Pereira, Department of Planning and Economic Development Rick Person, Department of Public Works Tom Riddering, Department of Safety and Inspections Kurt Schultz, Department of Planning and Economic Development Howell Shaw, Shaw Sustainable Angie Skildum, Family Housing Fund Matt Anfang — The Greater St. Paul Building Owners & Managers Association 27 09-1377 APPENDIX B CITY POLICIES REVIEWED (listed in order of policy adoption) Cities with mandatorv uolicies Frisco TX Boulder CO Marin County CA Austin TX Aspen/Pitkin County CO Pleasanton CA Arlington County VA Pasadena CA Long Beach CA Santa Cruz CA Washington DC Montgomery County MD Boston MA Cities with incentives for voluntarv participation Scottsdale AZ Arlington County VA Chicago TL Santa Monica CA Sarasota FL Santa Cruz CA Anaheim CA King County WA San Francisco CA Washington DC Cities with direct �nancial incentives Santa Monica CA Pasadena CA Anaheim CA King County WA Chatham County GA Baltimore County MD Cincinnati OH � 09-1377 APPENDIX C SUMMARY OF A SURVEY OF GREEN DEVELOPMENT POLICIES FOR THE 30 LARGEST METRO AREAS IN THE US Developments required to follow Green Building Policy Al1 City All city All Private All Private Owned Financed Commercial Residential Developments Developments Developments Developments New York, NY Los Angeles, CA Chicago, IL Washington, DC Boston, MA San Francisco, CA Philadelphia, PA Dallas, TX Houston, TX Atlanta, GA Miami. FL Detroit, M[ Phoenix, AZ Seattle, WA MinneapolislSt Paul Denver, CO San Diego, CA Cleveland, OH St. Louis, MS Tampa-St. Petersburg, FL PitGSburgh, PA Sacramento, CA Charlotte, NC / /. X X X X X X X X X NA X X X X � !:� X X X NA � / X 2008 X >$2 million >50,000 SF Incentives 2009 >50,000 SF Incentives >SQ000 SF Incentives 2012 >50,000 SF Incentives X X X NA X Incentives 1�7:1 >50,000 SF Incentives NA Incentives Incentives Incentives Incentives Incentives NA 2011 Incentives NA Incentive Incentives Incentives Incentives Incentives NA 29 09-1377 Portland, OR Cincinnati, OH Orlando, FL Kansas City, MS Indianapolis, IN Columbus, OH San Antonio, TX Developments required to follow Green Building Policy All City All city All Private All Private Owned Financed Commercial Residential Developments Developments Developments Developments X X Incentives Incentives X NA X Developing NA X X Incentives Incentives Incentives Incentives 30 09-1377 APPENDIX D THE SAINT PAUL OVERLAY This appendix elaborates which points within each rating system are required by the Saint Paul Overlay. T.F.FiI NPw ('nnstrnrtinn v_ 22 1 Energy Predicted energy use shall meet To be determined Minnesota Sustainable Building 2030 (5B 2030) "Energy Standazds" for new buildings. The conditions for meeting the "Energy Standazds" are subject to the "Cost Effectiveness" Protocol of SB 2030. 2. Indoor Predicted water use in building - 30% Both achieve 1 point for LEED WE Water Use below 1992 Environmental Policy Act Credit 3.1 and 1 point for LEED WE and subsequent revisions and additions. Credit 3.2. and Comply with the Saint Paul Standards Supplemental Requirement R.2.2.2: 30% Water Use Reduction in Non-Fixture Water Consuming Devices. or Comply with the Saint Paul Standards Supplemental Requirement R.2.1: Saint Paul Standazds WaCer [3se Calculator. 3. Exterior Predicted water use for landscaping, Achieve LEED WE Credit 1.1: Water Water Use 50% reduction of potable or Efficient Landscaping - Reduce water groundwater use from comparable site. consumption by 50% from a mid summer calculated base case for 1 point. 4. Construction Actual solid waste in construction, 75% Achieve 1 point for LEED MR Credit 11 Waste recycled or diverted from landfills or for diverting at least 50% of waste from Reduction incineration. disposal and 1 point for LEED MR Credit 1.2 for at least 75% of waste from disposal; 2 points total. 5. Indoor Ventilation based on ASHRAE 621- To be determined Environmental 2004 or meet the minimum Quality requirements of SecUons 4 through 7 of ASHRAE Standazd 62.1-2007 31 09-1377 Indoor Conswction IAQ management plan Achieve EQ Credit 3.1 and 3.2: Environmental Construction IAQ Management Plans, Quality (cont.) both During Construction and Before Occupancy for 2 points total. Low-Emitting Materials Achieve EQ Credits 4.1, 4.2, 43, 4.4: Low-Emitting Materials. If no carpet is installed, criterion 4.3 does not apply. 4 points (3 if no carpet is installed) Thermal Comfort Achieve EQ Credit 7.1: Thermal Comfort for 1 point. 6. Stormwater Storm Water Management must be The LEED New Construction v. 2.2 Management addressed through the following criteria does not have a section that requirements: imparts comprehensive compliance with • Site Eligibility: Sites with'/a acre or all potions of the Saint Paul Standazd; more of totalland disturbance comply instead with the Saint Paul ■ Rate Control: 1.64 cubic feet per Standard Supplemental Requirement R.6. second (cfs) /acres disturbed � Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual posC development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP). ■ Volume Controll Infiltration: Maintain or increase infiltration rates from pre-project site conditions. ■ Operation and maintenance: All practices must have an O and M lan. 7. Greenhouse Predicted greenhouse gas emissions Methods of ineeting this standard are on Gas Emissions must be reported to the Minnesota the website: www.mn2030.umn.edu/ Sustainable Building 2030 database by the design team or building owner. 8. Energy Use Annually, actual energy data for the Satisfy the Saint Paul Standard Reporting project must be submitted to the Supplemental Requirement R.8: Actual Minnesota Sustainable Building 2030 Energy Data Reporting. database by the building owner or by the building's utiliry service provider(s) with permission of the owner. 32 09-1377 Green Globes: Pro osed Draft 1. Energy Predicted energy use shall meet To be detertnined. Minnesota Sustainable Building 2030 (SB 2030) "Energy Standards" for new buildings. The conditions for meeting the "Energy Standazds" are subject to the "Cost Effectiveness" Protocol of SB 2030. 2. Indoor Predicted water use in building - 30% Both achieve at least 12 points in section Water Use below 1992 Environmental Policy Act 9.2.1: Plumbing Fixtures and Fittings and subsequent revisions and additions. and Comply with the Saint Paul Standazds Supplemental Requirement R.2.2.2: 30% Water Use Reduction in Non-Fixture Water Consuming Devices. or Comply wi[h the Saint Paul Standards Supplemental Requirement R.21: Saint Paul Standards Water Use Calculator. 3. Exterior Predicted water use for landscaping, Achieve one of the following paths in W ater Use 50°lo reduction of potable or section 7.4.1: Site Ecology - Landscape groundwater use from comparable site. and Irrigation 1,2,3,4, or 7; or achieve 10 points for credit 7.4.1.8.1: Irrigation need elimination. 4. Construction Actual solid waste in construction, 75% Achieve 6 points for credit 10.51 for Waste recycled or diverted from landfills or diverting greater than 75% of construction Reduction incineration. waste from landfill or incineration. 5. Indoor Ventilation based on ASHRAE 62.1- To be determined Environmental 2004 or meet the minimum Quality requirements of Sections 4 through 7 of ASHRAE Standard 62.1-2007 Construction IAQ management plan Achieve 9 points for sections 6.2.41 and section 6.2.4.2. In addition, comply with supplemental requirement R.4.2 of the Saint Paul Standazds. (Note that the construction air requirements of SMACNA IAQ guide occurs both in Green Globes 6.2.4.2 and the Saint Paul Standards R.4.2, though additional requirements are necessary under the Saint Paul Standards) 33 09-1377 Indoor L,ow-Emitting Materials Achieve 8 points for section 12.2.1: Environmental Volatile Organic Compounds. Qualit (cont.) Thermal Comfort Achieve 10 points from section 12.5.2. 6. Stormwater Storm Water Management must be The Green Globes criteria does not have a Management addressed through the following section that imparts comprehensive requirements: compliance with all potions of the Saint • Site Eligibility: Sites with'/a acre or Paul Standard; comply instead with the more of total land disturbance Saint Paul Standazd Supplemental ■ Rate Control: 1.64 cubic feet per Requirement R.6. second (cfs) /acres disturbed ■ Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP). ■ Volume ControU Infiltration: Maintain or increase infiltration rates from pre-project site conditions. � Operation and maintenance: All practices must have an O and M plan. 7. Greenhouse Predicted greenhouse gas emissions Methods of ineeting this standard are on Gas Emissions must be reported to the Minnesota the website: www.mn2030.umn.edu/ Sustainable Building 2030 database by the design team or the building owner. 8. Energy Use Annually, actual energy data for the Satisfy the Saint Paul Standard Keporting project must be submitted to the Supplemental Requirement R.8: Actual Minnesota Sustainable Building 2030 Energy Data Reporting. database by the building owner or by the building's utility service provider(s) with pernussion of the owner. 34 09-1377 State of Minnesota Sustainable Buildin Guidelines 1. Energy Predicted energy use shall meet Achieving required MSBG criteria E.1 Minnesota Sustainable Building 2030 imparts compliance with this section of (SB 2030) "Energy Standazds" for new the Saint Paul Standazds. buildings. 'I'he conditions for meeting the "Energy Standazds" are subject to the "Cost Effectiveness" Protocol of SB 2030. 2. Indoor Predicted water use in building - 30%o Achieving required MSBG criteria S.8 Water Use below 1992 Environmental Policy imparts compliance with this section of Act and subsequent revisions and the Saint Paul Standazds. additions. 3. Exterior Predicted water use for landscaping, Achieving required MSBG criteria S.7 — Water Use 50% reduction of potable or Part A imparts compliance with this groundwater use from compazable section of the Saint Paul Standards. site. 4. Construction Actual solid waste in construction, Achieving required MSBG criteria M.3 Waste 75% recycled or diverted from imparts compliance with this section of Reduction landfills or incineration. the Saint Paul Standards. 5. Indoor Ventilation based on ASHRAE 621- To be determined Environmental 2004 or meet the minimum Quality requirements of Sections 4 through 7 of ASHRAE Standard 62.1-2007. Construction IAQ management plan Achieving required MSBG criteria P.4 imparts compliance with this secCion of the Saint Paul Standards. Low-Emitting Materials Achieving required MSBG criteria I.2 imparts compliance with this section of the Saint Paul Standazds. Thermal Comfort Achieving required MSBG criteria I.5 imparts compliance with this section of the Saint Paul Standards. 35 09-1377 6. Stormwater Storm Water Management must be The State of Minnesota Sustainable Management addressed through the following criteria does not have a section that requirements: imparts comprehensive compliance with � Site Eligibility: Sites with'/a acre or all potions of the Saint Paul Standazd; more of total land disturbance comply instead with the Saint Paul ■ Rate Conuol: 1.64 cubic feet per Standard Supplemental Requirement R.6. second (cfs) /acres disturbed � Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP). • Volume ControU Infiltration: Maintain or increase infiltration rates from pre-project site conditions. Operation and maintenance: Ali practices must have an O and M plan. 7. Greenhouse Predicted greenhouse gas emissions Methods of ineeting this standard are on Gas Emissions must be reported to the Minnesota the website: www.mn2030.umn.edu/ Sustainable Building 2030 database by the design team or building owner. 8. Energy Use Annually, actual energy data for the Satisfy the Saint Paul Standard Reporting project must be submitted to the Supplemental Requirement R.8: Actual Minnesota Sustainable Building 2030 Energy Data Reporting. database by the building owner or by the building's utility service provider(s) with permission of the owner. 36 09-1377 f_'rnnn f nmmnnitiac ('ritPria „----- ""°-'---------- -------- 1. Energy Predicted energy use shall meet To be determined. Minnesota Sustainable Building 2030 (SB 2030) "Energy Standards" for new buildings. The conditions for meeting the "Energy Standazds" are subject to the "Cost Effectiveness" Protocol of SB 2030. 2. Indoor Predicted water use in building - 30% The Green Communities Criteria do not Water Use below 1992 Environmental Policy Act have a section that accurately imparts and subsequent revisions and additions. compliance with the Saint Paul Standard; comply instead with the Saint Paul Standards Supplemental Requirement R.2: Indoor W ater Use Reduction. 3. Exterior Predicted water use for landscaping, Green Communities does not include a Water Use 50% reduction of potable or comparable irrigation reduction section. groundwater use from comparable siCe. Use the Saint Paul Standards Irrigation Calculator to determine the amount of water use reduction, minimum 50%. 4. Construction Actual solid waste in construction, 75% Minnesota Green Communities does not Waste recycled or diverted from landfills or have a satisfactory waste reduction Reduction incineration. criterion. Satisfy the Saint Paul Standazd Supplemental Requirement R.3. 5. Indoor Ventilation based on ASHRAE 62.1- To be determined Environmental 2004 or meet the minimum Quality requirements of Sections 4 through 7 of ASHRAE Standard 62.1-2007. Construction IAQ management plan Minnesota Green Communities does not have a saUSfactory ventilation criterion. Satisfy the Saint Paul Standard Supplemental Requirement R.4. Low-Emitting Materials Achieve required credits 7-1, 7-2, 7-3 and 7-4. Note that these are mandatory criteria. Thermal Comfort There is no applicable GC section that satisfies the conditions of the Saint Paul Standards. Satisfy the Saint Paul Standard Supplemental Requirement R.S. 37 09-1377 6. Stormwater Storm Water Management must be The Green Communities criteria does not Management addressed through the following have a section that imparts comprehensive requirements: compliance with all potions of the Saint • Site Eligibility: Sites with'/a acre or Paul Standazd; comply instead with the more of total land disturbance Saint Paul Standard Supplemental • Rate Control: 1.64 cubic feet per Requirement R.6. second (cfs) /acres disturbed • Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP). • Volume ControU Infiltration: Maintain or increase infiltration rates from pre-project site conditions. ■ Operation and maintenance: All practices must have an O and M plan. 7. Greenhouse Predicted greenhouse gas emissions Mettiods of ineeting this standazd aze on Gas Emissions must be reported to the Minnesota the website: www.mn2030.umn.edu/ Sustainable Building 2030 database by the design team or building owner. 8. Energy Use Annually, actual energy daCa for the Satisfy fhe Saint Paul Standard Reporting project must be submiYCed to the Supplemental Requirement R.8: Actual Minnesota Sustainable Building 2030 Energy Data Reporting. database by the building owner or by the building's utiliry service provider(s) with permission of the owner. m 09-1377 Minnaento (`_rnPnCtar _ NPw Anm[+c �'}le�`k�7Ct 1. Energy� Predicted energy use shall meet To be deternuned. Minnesota Sustainable Building 2030 (SB 2030) "Energy Standazds" for new buildings. The conditions for meeting the "Energy Standards" are subject to the "Cost Effectiveness" Protocol of SB 2030. 2. Indoor Water Predicted water use in building - Both achieve criteria 7B-4, 7B-6 or 7b-7, Use 30% below 1992 Environmental 7B-10 or 7B-12, 7B-14 or 7B-15 or 7B- Policy Act and subsequent revisions 17 for shower heads, toilet and faucets. and additions. and Comply with the Saint Paul Standards Supplemental Requirement R.2.2.2: 30% Water Use Reduction in Non-Fixture Water Consumiug Devices. or Comply with the Saint Paul Standards Supplemental Requirement R.2.1: Saint Paul Standards Water Use Calculator. 3. Exterior Water Predicted water use for landscaping, Achieve 7 points for credit 3C-2: Use 50°Io reduction of potable or Landscape System that requires no groundwater use from comparable municipally-supplied well water for site. irrigation (food gardens exempt) (certified by a registered professional), or Use the Saint Paul Standards Irrigation Calculator to determine the amount of water use reduction, minimum 50%a This may be compatible with points awarded for credits 3C-3, 3C-4, 3C-6, 3G7, 3C-8 and 3C-9. 4. Construction Actual solid waste in construction, There are many smaller point numbers Waste Reduction 75% recycled or diverted from possible using Minnesota GreenStar; landfills or incineration. however, it is necessazy to satisfy the 3aint Paul Standard 3upplemental Requirement R.3. 5. Indoor Ventilation based on ASHRAE To be determined Environmental 62.1-2004 or meet the minimum Quality requirements of Sections 4 through 7 of ASHRAE Standard 62.1-2007. � 09-1377 Indoor Construction IAQ management plan Satisfy OPR-4: Mechanical ventilation of Environmental home for 48 hours after project Quality (cont.) completion and prior to occupancy and achieve 3 points for section 8F-1: Supply workers with VOC protection. L,ow-Emitting Materials At a minimum, achieve credits in the following categories: (more shingent requirements can also be used, sections required if product category is included in project) 8A-3c, 8A-3f, 8A-6d, SB-5, 8B-9d, 8C- 2d, 8GSd, 8D-2d, 8E-2 (for no-added urea formaldehyde) 8E-3, 8F-2, 8F-3. Thermal Comfort Achieve Section SA-PR1: Design and install a whole-house ventilation system in accordance with Section N1104 Mechanical Ventilation Systems of the (2007 working draft at the time of this writing) Minnesota Residential Energy Code. 6. Stormwater Storm Water Management must be The Minnesota GreenStar criteria does not Management addressed through the following have a section that imparts comprehensive requirements: compliance with all potions of Che Saint ■ Site Eligibility: Sites with'/a acre Paul Standazd; comply instead with the or more of total land disturbance Saint Paul Standard Supplemental • Rate Control: 1.64 cubic feet per Requirement R.6. second (cfs) /acres disturbed • Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP). ■ Volume ControU Infiltration: Maintain or increase infiltration rates from pre-project site conditions. • Operation and maintenance: All practices must have an O and M lan. !�17 09-1377 7. Greenhouse Predicted greenhouse gas emissions Methods of ineeting this standazd are on Gas Emissions must be reported to the Minnesota the website: www.mn2030.umn.edu/ Sustainable Building 2030 database by the design team or building owner. 8. Energy Use Annually, actual energy data for the Satisfy the Saint Paul Standazd Reporting project must be submitted to the Supplemental Requirement R.8: Actual Minnesota Sustainable Building Energy Data Reporting. 2030 database by the building owner or by the building's utility service provider(s) with permission of the owner. 41 09-1377 i FFiI fnr Anmac IYEnergy Predicted energy use shall meet To be determined. Minnesota Sustainable Building 2030 (SB 2030) "Energy Standazds" for new buildings. The conditions for meeting the "Energy Standazds" are subject to the "Cost Effectiveness" Protocol of SB 2030. 2. Indoor Predicted water use in building - 30% Both achieve LEED for Homes WE Water Use below 1992 Environmental Policy Act Credit 3.2: Very high efficiency fixtures and subsequent revisions and additions. for 6 points. and Comply with the Saint Paul Standards Supplemental Requirement R.2.2.2: 30% Water Use Reduction i� Non-Fixture Water Consuming Devices. or Comply with the Saint Paul Standazds Supplemental Requirement R.2.1: Saint Paul Standazds Water Use Calculator. 3. Exterior Predicted water use for landscaping, Achieve 6 points through LEED SS Water Use 50% reduction of potable or Credit 2.5: Reduce Overall Irrigation groundwater use from comparable site. Demand by at Least 20% (6 points is awarded for a reduction in demand for at least 45%) and at least two points for WE Credit 2.3: Reduce Irrigation Demand by at Least 45°Io. These credit categories � combine to give 8 points for this water reduction strategy. 4. Construction Actual solid waste in construction, 75% Achieve 2.5 points for MR Credit 3: Waste recycled or diverted from landfills or Waste Management for at least 75% waste Reduction incineration. diversion from landfills and incinerators. 5. Indoor Ventilation based on ASHRAE 62.1- To be determined Environmental 2004 or meet the minimum Quality requirements of Sections 4 Chrough 7 of ASHRAE Standard 62.1-2007. 42 09-1377 Indoor Construction IAQ management plan Achieve at least 1 point each for the Environmental following credits: EQ credit 8.1: Indoor Quality (cont.) contaminant control during Construction, EQ credit 8.2: Indoor Contaminant Control, and 8.3 Preoccupancy Flush. If sarisfying EQ credit 1, credit 8.1 is not necessazy. Low-Emitting Materials Achieve all possible points in section MR 2.2 by achieving low-emissions standazds for Environmentally Preferable Products. Achieve these points by ensuring that only low-emission products are used for paints, coatings, adhesives and sealants, carpet and composite wood and agrifiber products. Thermal Comfort � Achieve at least 1 point for EQ 6: Distribution of Space Heating and Cooling. 6. Stormwater Storm Water Management must be The LEED for Homes criteria does not Management addressed through the following have a section that impazts comprehensive requirements: compliance with all potions of the Saint ■ Site Bligibiliry: Sites with'/a acre or Paul Standazd; comply instead with the more of total land disturbance Saint Paul Standard Supplemental ■ Rate Control: 1.64 cubic feet per Requirement R.6. second (cPs) /acres disturbed • Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphonzs (TP). • Volume ControU Infiltration: Maintain or increase infiltration rates from pre-project site conditions. • Operation and maintenance: All practices must have an O and M plan. 43 09-1377 7. Greenhouse Predicted greenhouse gas emissions Methods of ineeting this standazd are on Gas Emissions must be reported to the Minnesota the website: www.mn2030.umn.edu/ Sustainable Building 2030 database by the design team or building owner. 8. Energy Use Annually, actual energy data for the Satisfy the Saint Paul Standazd Reporting project must be submitted to the Supplemental Requirement R.8: Actual Minnasota Sustainable Building 2030 Energy Data Reporting. database by the building owner or by the building's utility service provider(s) with pernussion of the owner. „ 09-1377 W � z w a a d� z 0 � F � F� W � w a a � a w N � a � � w z w � ¢ � � w � 0 x a Ey W� -/� a O W w A � a � Q a F z � ¢ � � � � F �, a � � Q z � a � � � � O A w F � a � a F � z 0 � � � ¢ x �� -/-+ W x h �. 3 � � 0 a � 'C � N � � .� � � 0 � � � � �. � � � U � � � � Y � � 0 z � � � � � � � � � a � T � � C � � � � � � 0 > � � � .a � � 0 � � � � � U O Q. .Y N z 2 W H � % 7 � U O V � O � � � W � a a � ' o � b u p � 9 � 'r. G y o v J � � C � �, .� n ` a � `o Cr � a c o � p 3 ° o • �o E � y y O N 6 a. G Vf y ` � CO A N O o L � . � a j � a�. C y e � � C C4 � �j. a � � N " O � — E .� � U � � o � O o a U� J� N N� Q' d C 4 � •a 3 c �� oin ? 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' c5 ` V W ^ p 9 � 7 V 3 9 v Y � < � G � s � R E R 9 T �„ oCj 6 J {y � q Cj i o � � � c w c� w E c� m w ��� � U —�° 5 L F - y E � � W w N 09-1377 APPENDIX F RESOLUTION TO IMPLEMENT SAINT PAUL SUSTAINABLE BUILDING POLICY WHEREAS, Saint Paul wants to be the most livable city in the United States; and WHEREAS, livability includes ensuring healthy communities and healthy lives for Saint Paul citizens; and WHEREAS, by signing the US Conference of Mayors Climate Protection Agreement, Mayor Coleman has specifically committed Saint Paul to reducing greenhouse gas emissions to seven percent below 19901evels by 2012; and WHEREAS, carbon dioxide (COZ) emissions, resulting from human activity, are a significant contributor to the greenhouse effect thaC is causing global climate change and buildings account for nearly 40°Io of U.S. COz emissions; and WHEREAS, construction and demolition waste account for nearly a third of the solid waste generated in the Twin Cities metropolitan area; and WHEREAS, taking proactive steps with regard to built structures will help protect our City's air, water and urban landscape by focusing on carbon dioxide reduction, energy efficiency and conservation, clean energy supply, alternative transportation, water quality, recycling, waste reduction, green space and reforestation; and WHEREAS, since 2007, Saint Paul has had a policy (Council File 07-70) to seek and receive Leadership in Energy and Environmental Design (LEED) Silver certification or utilize the State of Minnesota Sastainable Building Guidelines (State Guidelines) in Che planning, design, construction, commissioning, and major renovaUon of municipal facilities financed by the City of Saint Paul and utilized by the City's Executive Departments, the Saint Paul Public Librazy and the City of Saint Paul Division of Parks and Recreation; and WHEREAS, when a City building is constructed or renovated to LEED standards, the State Guidelines related to "Energy and Atmosphere," including exceeding the energy code by at least 30%, must also be met and the State Guidelines related to Performance Management requirements must be adhered to; and WHEREAS, the Interim Saint Paul PED / HRA Sustainable Development Initiative requires developers seeking City or HRA funds to take advantage of City authorized design and assistance programs, including but not limited to Xcel Energy's Energy Design Assistance Program or the ENERGY STAR program for homes ; and 09-1377 WHEREAS, rating systems that assign points to various "green" achievements have become an accepted way to evaluate a building's sustainable attributes, and WHEREAS, such rating systems do not always reflect local priorities, values, and concerns, and WHEREAS, the Mayor's Advisory Committee on Green Policy Development has recommended that the City adopt a Sustainable Building Policy, NOW, THEREFORE BE 1T RESOLVED, that the City of Saint Paul and the Housing and Redevelopment Authority (HRA) adopt a Sustainable Building Policy (Policy) with which any new construction project receiving more than $200,000 in City and/or HRA funding, is required to comply; and be it F[JRTHER RESOLVED, that City and/or HRA funding is defined as money originating from Community Development Block Grant (CDBG), Tax Increment Financing (TIF), HOME Investment Partnership Program (HOME), Multi-Family Housing Revenue Bonds, federal Low Income Housing Tax Credits (LIHTC), other federal, state, and Metropolitan Counc4l funding programs, HRA funds, any City of Saint Paul funds, including STAR, from any combination of loans, grants, land writedown or other funding vehicles; and be it FLTRTHER RESOLVED, that the Policy does apply to parking structures and parking lots and any addition to an existing building that includes a new heating/ventilation/air conditioning (HVAC) system; and be it FURTHER RESOLVED, that the Policy does not otherwise apply to existing structures; and be it FURTHER RESOLVED, that the Department of Planning and Economic Development (PED) and the Department of Safety and Inspections (DS� will jointly create a Sustainable Building Technical Committee (Committee) that will oversee implementation of the Policy and consider requests for variances; and be it FURTHER RESOLVED, that a private sector representative will serve on the Committee and a Developer's representative will be invited to Committee meetings when a project of that Developer is being reviewed; and be it FURTHER RESOLVED, that to assist the Developer comply with the Policy, whether the Developer is required to comply, or is doing so voluntarily, the City will: 1. provide, at no additional cost to the Developer, a Sustainability Facilitator within PED to help guide each project through the development process, ensuring adherence to the Policy, and 2. at the Developer's request, help identify sustainable design experts with in-depth experience on specific issues, whether site, building, or operational, and 3. work with Xcel Energy to provide, at no cost to the Developer, energy modeling in the design stage for all participating projects meeting Xcel Energy's requirements, and 51 09-1377 4. work with District Energy to assist with energy modeling and other analysis and assistance during the design stage for all participating projects meeting District Energy's requirements, and 5. at the Developer's request, help locate building commissioning agents to verify performance against design requirements, and 6. negotiate, as par[ of a Development Agreement, signage and labeling for compliant buildings both during and post-construction; and be it FURTHER RESOLVED, that the Developer must choose for the project one of the following rating systems and levels with which to minimally comply: Commercial Projects; • LEED New Construction (NC) 2.2, Silver or • Green Globes, 2 globes or • State Guidelines Building Benchmarking and Beyond (B3) Compliant or • Saint Paul Port Authority Green Design Review (as applicable) Residential Projects: • LEED for Homes (H) or LEED NC�`, Silver or • Minnesota GreenStaz, Silver or • Green Communities, Minnesota Overlay Compliant; and be it FURTHER RESOLVED, that the following mandatory requirements, to be known as the Saint Paul Overlay, must be met within the Developer's chosen rating system: 1. Predicted energy use shall meet Minnesota Sustainable Buiiding 2030 (SB 2030) "Energy Standards" for new buildings. The conditions for meeting the "Energy Standards" are subject to the "Cost Effectiveness" Protocol of SB 2030. 2. Predicted use of potable water in the building must be at least 30% below EPA Policy Act of 1990. 3. Predicted water use for landscaping must be at least 50% less than a traditionally irrigated site using typical water consumption for underground irrigation systems standards. 4. Actual solid waste of construction materials, excluding demolition waste, must be at least 75% recycled or otherwise diverted from landfills. 5. Indoor Environmental Quality must be addressed through the following strategies: a. ventilation based on ASHRAE 62.1-2Q04 or meet the minimum requirements of Sections 4 through 7 of ASHRAE Standard 621-2007 b. construction IAQ management plan c. low-emiCting materials d. thermal comfort 6. Storm Water Management Requirements: a. Site Eligibility: Sites with 1 /a acre or more of total land disturbance b. Rate Control: 1.64 cubic feet per second (cfs) /acres disturbed � For large multi-family residen[ial projects, LEED for New Construction is the s[andazd rather than LEED for Homes. S2 09-1377 c. Water Quality Management: For a 2 year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post development Total Suspended Solids (TSS) and remove 60% of the average annual post development Total Phosphorus (TP), by implementing Best Management Practices (BMPs) outlined in "Urban Small Sites Best Management Practices" handbook (Metropolitan Council), "Protecting Water Quality in Urban Areas" handbook (Minnesota Pollution Conuol Agency), the "Minnesota Storm water Manual" (Minnesota Pollution Control Agency). All BMP treatment systems for subject site need to include safety factors, maintenance, and a back-up plan in case of failure. All manufactured devices require independent laboratory testing to confirm product claims. d. Volume ControU Infiltration: Maintain or increase infiltration rates from pre- project site conditions. e. Operation and maintenance: All practices must have an O and M plan. 7. Predicted greenhouse gas emissions must be reported to the Minnesota Sustainable Building 2030 database by the design team or building owner. 8. Annually, actual energy data for the project must be submitted to the Minnesota Sustainable Building 2030 database, by the building owner or by the building's utility service provider(s) with permission of the owner; and be it FLIRTHER RESOLVED, that each project's compliance with the Green Building Policy must be verified, in accordance with the verification method specified by the Developer-selected rating system; and be it F`URTHER RESOLVED, that in the event of notification of non-compliance, and reasonable opportunity to cure, the City will refer the project to the Suseainable Building Technical Committee, which will consider remedial action, and make recommendations to the HRA Executive Director or his/her designee; and be it FURTHER RESOLVED, that upon a recommendation from the Sustainable Building Technical Committee, the HRA Executive Director or his/her designee may require remedial action, limited to the amount of funds granted to the Developer; and be it FURTHER RESOLVED, that the requirements of the Policy may be waived, in whole or in part, by the HRA Board after consideration of the advantages and disadvantages of a waiver, and upon showing by the Developer a compelling public purpose; and be it F[JRTHER RESOLVED, that the Policy will apply to projects for which schematic design is initiated after July 1, 2010; and be it FINALLY RESOLVED, modification or expansion of the Policy requires assembly of a Sustainable Building Policy Committee, analysis by the Sustainable Building Technical Committee, and a City Council public hearing prior to enactment. 53 L �-�-, � h December 16, 2009 Saint Paul City Council City Hall 15 Keilogg Boulevard, West Saint Paul, MN 55102 President Lantry and Councilmembers: The Saint Paul Riverfront Corporation is pieased to support the resolution to implement Saint Paul Sustainable Building Policy. 09-1377 The Riverfrorrt Corporation, through its Design Center, has been actively involved in the development of this policy and the collaboration needed to bring it before this body. We served on the Core Work Group and as a member of the larger Advisory Group for the Development of the Saint Paul Sustainable Buiiding Policy. During the process, three of our staff earned LEED accreditation from the Green Buitding Certification Institute and are prepared to provide sustainable design assistance to developers and buiiding owners for site or building design or operations. We are particularly pieased with the work that created the Saint Paul overlay matrix, which cross references severai sustainable buiiding approaches and allows the developer to choose their preferred or required program. The policy relates LEED for New Construction, Green Globes, State of Minnesota Sustainable Buiiding Guidelines, Green Communities, Minnesota Green Star and the Saint Paui Port Authority Green Development Standards. We believe that this policy will attract, rather than limit, new development because it will make Saint Paul even more sustainable, livable and economically attractive to new investment. Sincerely, SAINT PAUL RNERFRONT CORPORATION Timothy J. Griffin, AIA, AICP, LEED AP Director Saint Paul on the Mississippi Design Center