Green Building Incentive Task Force — Portland, ME
Date: 2011-03-24

MEMORANDUM
To: Green Building Incentive Task Force

From: Ian Houseal, Sustainability Coordinator

Date: March 24, 2010

Re: Incentive Task Force Program Survey


At the February Green Building Incentive Task Force there was discussion of the administrate review
process of green building certification programs administered by other local governments nationwide
including Boston, Massachusetts and San Diego County, California. Further research was requested on
these programs:

Boston
The City of Boston requires all large projects (over 50,000 square feet) to be LEED Certifiable (in Article
37 and as amended in Article 80) as demonstrated by the submission of a LEED checklist using the “most
appropriate LEED rating system” (LEED ND must meet a minimum LEED Silver certification level) during
construction documentation review. The LEED checklist must be stamped by a licensed engineer or
architect or LEED professional (qualifications determined by the Boston Redevelopment Authority.) A
second certification statement by the licensed engineer or architect must be submitted to receive the
Certificate of Occupancy for the Project. Boston has highlighted additional credits for attaining a
“certifiable” level including groundwater recharge, historic preservation, and Transportation Demand
Management inclusion in the project. 50,000 square feet was chosen as the threshold for the standard
because 50,000 square feet triggers delegated review for large projects of State environmental
regulations and is a convenient threshold to trigger the green building standard. In addition, all
municipal buildings in Boston must be LEED Silver certified.

Staff review involvement is minimized since the standard requires a licensed professional to
demonstrate compliance with the standard: Staff’s review is for verification purposes during
construction review and issuance of the C.O.

Boston’s ability to require buildings over 50,000 square feet to be LEED certifiable buildings is unique
and not applicable to Portland’s case; however, some aspects of the review requirements may be
applicable to Portland’s current ordinance.
San Diego County
The County of San Diego offers expedited plan review and a 7.5% plan check fee and building permit fee
reduction for applications that meet the requirements of their ordinance. A project must either:
 • Energy Conservation: Exceed the California Energy Standard by 15% for residential and 25% for
 commercial and industrial developments;
 • Natural Resource Conservation: Straw bale construction or 20% post-consumer recycled
 material content (see ordinance); or
 • Water Conservation: Installation of a gray water system.

San Diego County staff reports that more residential applicants use the incentive than commercial or
industrial applicants since “it is the County” and is primarily residential. More customers are seeking
expedited review. San Diego staff anecdotally estimates that approximately 5% of applicants qualify for
the incentive. Most applicants receive the incentive for Energy Conservation.

Staff review time is funded by ARRA EECBG grant funding. Special attention is paid applicants that
qualify for, but did not submit for an incentive. Staff seeks out applications that qualify and then notifies
applicant that they are receiving an incentive.

Revenue reductions in offering the incentive are absorbed in the budget; however, given the volume of
permits reviews in San Diego County, the effect is minimal according to San Diego County staff.
 ^ARTICLE 37

 GREEN BUILDINGS
 (^Article inserted on January 10, 2007)


 SECTION 37-1. Statement of Purpose. The purposes of this article are
to ensure that major building projects are planned, designed, constructed, and
managed to minimize adverse environmental impacts; to conserve natural
resources; to promote sustainable development; and to enhance the quality of
life in Boston.

 SECTION 37-2. Definitions. For the purposes of this article only, the
following words and phrases when capitalized shall have the meanings indicated.

 1. “Applicant”, any person or entity having a legal or equitable interest in a
 Proposed Project subject to the requirements of this article, or the
 authorized agent of any such person or entity.

 2. “Boston Green Building Credits”, Credits identified in this article that may
 be included in the calculation toward achieving a LEED Certifiable project
 under the provisions of this article.

 3. “Boston Interagency Green Building Committee”, an interdisciplinary
 committee consisting of at least one (1), but not more than two (2)
 representatives of city agencies including but not limited to, the Boston
 Redevelopment Authority, the Boston Environment Department, the
 Boston Transportation Department, the Inspectional Services Department
 and the Mayor’s Office. Such Committee will advise the Boston
 Redevelopment Authority on Proposed Project’s compliance with the
 provisions of this article.

 4. “LEED Certifiable”, a structure that is planned, designed and constructed
 to achieve the level “certified” using the LEED building rating system most
 appropriate for the Proposed Project.

 5. “Proposed Project”, the erection, extension, rehabilitation, alteration, or
 substantial demolition of any structure or part thereof, or the change of
 use of any structure or land, for which the Applicant is required to obtain a
 building or use permit.
 SECTION 37-3. Applicability. Any Proposed Project which is subject to
or shall elect to comply with Section 80B of this Code, Large Project Review,
shall be subject to the requirements of this article. The following Proposed
Projects, however, shall be exempt from the provisions of this article:

 1. Any Proposed Project for which application to the Inspectional
 Services Department for a building or use permit has been made prior
 to the first notice of hearing before the Zoning Commission for
 adoption of this article and for which no Zoning Relief is required.

 2. Any Proposed Project for which appeal to the Board of Appeal for any
 Zoning Relief has been made prior to the first notice of hearing before
 the Commission for adoption of this article, provided that such Zoning
 Relief has been or is thereafter granted by the Board of Appeal
 pursuant to such appeal.

 3. Any Proposed Project or site for which application for approval of a
 development impact project plan or planned development area
 development plan, has been submitted to the Boston Redevelopment
 Authority prior to the first notice of hearing before the Commission for
 adoption of this article, provided that such development impact project
 plan or planned development area development plan, has been or is
 thereafter approved by the Boston Redevelopment Authority pursuant
 to such application, whether or not such application or such
 development impact project plan or planned development area
 development plan is thereafter modified or amended.

 SECTION 37-4. Green Building Requirements. Any Proposed Project
subject to the provisions of this article shall be LEED Certifiable under the
most appropriate LEED building rating system. Up to four (4) of the required
points may be obtained from the Boston Green Building Credits identified in
Appendix A.

 SECTION 37-5. Procedures. Any Applicant subject to the provisions of
this article shall provide to the Boston Redevelopment Authority a completed
LEED scorecard, including any Boston Green Credits that the Proposed
Project will achieve. The Applicant shall demonstrate that the Proposed
Project will meet the requirements of this article with appropriate supporting
documentation and by certification from a LEED Accredited Professional
and/or other expert recognized by the Boston Redevelopment Authority. The
submissions shall be in accordance with the provisions of Section 80B.

 Within five (5) days of its receipt of a completed LEED submission, the
Boston Redevelopment Authority shall transmit a copy of the submission to
Boston Interagency Green Building Committee.
 SECTION 37-6. Regulations. The Boston Redevelopment Authority may
promulgate regulations to administer this article.

 SECTION 37-7. Enforcement. The Commissioner of Inspectional
Services shall not issue any building permit or use permit for a Proposed
Project that is subject to the provisions of this article unless the Director of the
Boston Redevelopment Authority has issued a Certification of Compliance
pursuant to Section 80B-6.

 SECTION 37-8. Severability. The provisions of this article are
severable, and if any such provision or provisions shall be held invalid by any
decision of any court of competent jurisdiction, such decision shall not impair
or otherwise affect any other provision of this article.
 APPENDIX A to ARTICLE 37

 Boston Green Building Credits

Any Proposed Project subject to the provisions of this article may obtain a
maximum of four (4) of the required points from the Boston Green Building
Credits which will be included in the calculation toward achieving a LEED
Certifiable project under this article. One point may be awarded for each of the
following four categories: Modern Grid; Historic Preservation; Groundwater
Recharge; and Modern Mobility. In order to be eligible for the Boston Green
Building Credits, a plan must be submitted to the Boston Redevelopment
Authority to meet the following Boston Public Health Commission prerequisites:
 a. Retrofit of all diesel construction vehicles, from the United States
 Environmental Protection Agency approved retrofit technologies, as
 applicable, or contribution of a comparable amount to the Air Pollution
 Control Commission Abatement Fund;
 b. An outdoor construction management plan including provisions for
 wheel washing, site vacuuming, truck covers and anti-idling signage;
 and,
 c. Integrated pest management plan.

1. Modern Grid

 One point will be awarded if a Proposed Project qualifies as a
 Distributed Generation/Combined Heat and Power (DG/CHP)
 project that provides useful “congestion relief” in locations where
 the Boston Redevelopment Authority and Boston Environment and
 Energy Services determine that electricity distribution load
 constraints exist. In order to earn this point the Proposed Project
 must include an on-site combined electrical power and heat
 generation system that provides for ten percent (10%) or more of
 the total building energy use. Eligible systems include combustion
 engine driven generators, fuel cells and micro turbines that utilize
 clean fuels including natural gas and biodiesel.

 This provides value in reducing both transmission and distribution-
 level costs.

2. Historic Preservation

 This point will be awarded if a Proposed Project involves the
 historic renovation of an existing structure and recognizes the
 importance of preserving Boston’s historic assets. In order to earn
 this point the Proposed Project must include the historic renovation
 of an existing structure which complies with the applicable historic
 preservation regulations and design guidelines including building
 and site materials and features. Structures must be located in a
 historic district or listed in the National Register of Historic Places,
 the State Register of Historic Places, or the Inventory of Historic
 and Archaeological Assets of the Commonwealth.

3. Groundwater Recharge

 a. In areas subject to Article 32, Groundwater Conservation Overlay
 District, one point will be awarded for Proposed Projects that
 provide fifty percent (50%) greater recharge than required under
 Article 32-6 (i.e., capturing within a suitably-designed system a
 volume of rainfall on the lot equivalent to no less than 1.5 inches
 across that portion of the surface area of the lot to be occupied by
 the Proposed Project); or

 b. For Proposed Projects in areas not governed by Article 32 and
 located in areas of filled land, one point will be awarded for
 Proposed Projects that capture a volume of rainwater on the lot
 equivalent to no less than one inch across that portion of the
 surface area of the lot to be occupied by the Proposed Project, or
 provide measures that otherwise result in on-site infiltration of
 rainwater including landscape irrigation. Applicants must
 demonstrate how combined building systems will meet this
 standard including area absorption/retention calculations.

4. Modern Mobility

 This point will be awarded for Proposed Projects that meet all of the
 Transportation Demand Management (“TDM”) Prerequisites and
 implement the required actions from the menu of TDM Options as
 set forth below:

 a. Prerequisites. The following prerequisites must be met for all
 Proposed Projects. The Applicant must specify commitment to
 these measures prior to the filing of the Project Notification Form:

 (1) Designate an On-Site Transportation Coordinator in the
 management office;
 (2)Post information about public transportation and car-sharing
 options;
 (3)Provide transit, bike and pedestrian access information on
 building website;
 (4)Provide on-site, external bicycle racks for visitors and
 covered secure bicycle storage for building occupants. The
 capacity is to be sized as follows: fifteen percent (15%) or
 more for residential buildings and five percent (5%) or more
 for all other building uses;
 (5)Comply with Boston Transportation Department district
 parking ratios; and
 (6) join a Transportation Management Association (for
 commercial, hotel and mixed use projects).

b. TDM Options

 (1) For residential projects (meet at least three):

 (a) Provide a fifty percent (50%) subsidy for monthly T
 pass purchases, one for each dwelling unit for the
 tenants first full year of occupancy.
 (b) Provide preferred parking spaces for a car-sharing
 service capable of serving 1% of the building
 occupants.
 (c) Provide shuttle service to public transit stations
 (applicable to projects located more than ¼ mile
 from a public bus or rail station).
 (d) Price and allow the purchase of deeded parking
 spaces separately from dwelling units. Parking
 spaces required by zoning may only be purchased
 and used by building tenants/unit owners.
 (e) On-site electric charging plug-in stations for plug-
 ins capable of serving one percent (1%) of the
 building occupants.
 (f) On site ATM, dry cleaning drop-off/pick-up & other
 amenities that reduce short car trips.


 (2) For educational or medical institutions (meet at least eight):

 (a) Provide on-site sales of semester T passes for
 students.
 (b) Pre-tax payroll deduction and distribution for T
 passes for all on-site employees.
 (c) Fifty percent (50%) transit pass subsidy for all on-
 site employees.
 (d) Provide garage occupancy information by
 installing electronic monitors at entry/exits.
 (e) Provide parking cash out program for employees
 using public transit
 (f) Provide covered secure bicycle storage with
 convenient changing/shower facilities for five
 percent (5%) or more of building occupants.
 (g) Provide shuttle service to public transit stations
 (applicable to projects located more than ¼ mile
 from a public bus or rail station).
 (h) Provide preferential parking spaces for carpools
 and vanpools capable of serving five percent (5%)
 of the building occupants.
 (i) Provide preferential parking for alternative fuel or
 high efficiency vehicles capable of serving one
 percent (1%) if the building occupants.
 (j) On-site electric charging plug-in stations for plug-
 ins capable of serving one percent (1%) of the
 building occupants.
 (k) Provide an on-site ATM and direct deposit of
 paychecks

(3) For office or retail projects (meet at least one high-value and
 four basic):

 (a) High-value (meet at least one):
 1. Provide shuttle service to public transit
 stations (applicable to projects located
 more than ¼ mile from a public bus or
 rail station).
 2. Parking cash out program for
 employees using public transit.
 3. Fifty percent (50%) transit pass subsidy
 for all on-site employees.


 (b) Basic (meet at least four):
 1. Provide garage occupancy information
 by installing electronic monitors at
 entry/exits.
 2. Pre-tax payroll deduction and
 distribution for T passes for all on-site
 employees.
 3. Provide covered secure bicycle storage
 with convenient changing/shower
 facilities for five percent (5%) or more of
 building occupants.
 4. Provide an on-site ATM and direct
 deposit of paychecks.
 5. Provide preferential parking spaces for
 carpools and vanpools capable of
 serving five percent (5%) of the building
 occupants.
 6. Provide preferential parking for
 alternative fuel or high efficiency
 vehicles capable of serving one percent
 (1%) if the building occupants.
 7. On-site electric charging plug-in stations
 for plug-ins capable of serving one
 percent (1%) of the building occupants.


4. For hotels (meet at least three):

 (a) Fifty percent (50%) transit pass subsidy for all on-
 site employees.
 (b) Free weekend or multi-day pre-loaded T-passes
 for hotel guests.
 (c) Provision of transit and pedestrian information to
 guests before arrival.
 (d) Pre-tax payroll deduction and distribution for T
 passes for all on-site employees.
 (e) Provide garage occupancy information by
 installing electronic monitors at entry/exits.
 (f) Parking cash out program for employees using
 public transit.
 (g) Provide covered secure bicycle storage with
 convenient changing/shower facilities for five
 percent (5%) or more of building occupants.
 (h) On-site car rental service.
 (i) On-site electric charging plug-in stations for plug-
 ins capable of serving one percent (1%) of the
 building occupants.

(5) For mixed use projects (meet at least three from each of the
 appropriate use categories above)
County of San Diego Green Building Program

San Diego County Code of Administrative Ordinances
Article XX Fees and Charges
SEC. 362.1. DEPARTMENT OF PLANNING AND LAND USE
Item d(4)
http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:sandiegoco_ca_mc

http://www.sdcounty.ca.gov/dplu/greenbuildings.html

http://www.sdcounty.ca.gov/dplu/docs/DPLU273.pdf

4. FEE REDUCTION FOR BUILDINGS USING SUSTAINABLE BUILDING
PRACTICES. For building permit applicants who voluntarily participate in the County of San
Diego Green Building Program, as established by Board of Supervisors Policy F-50, the plan
check and permit fees shall be reduced by 7.5%. To qualify for this fee reduction, the project
shall use one of the following sustainable building practices:

 Energy Conservation The project shall exceed California Energy Commission
Standards by 15% or more for residential and 25% or more for commercial and industrial
developments.

 Natural Resource Conservation The project shall incorporate straw bale construction
for all exterior walls or use recycled content in the building system. To be eligible for the fee
reduction by using recycled content, the applicant must demonstrate to the satisfaction of the
Building Official that 20% or more of the primary materials being used in the building system
contain 20% or more post-consumer recycled content. Any reused materials will be found to
satisfy the 20% post-consumer recycled content requirement. A fee reduction may also be
approved when the applicant demonstrates to the satisfaction of the Building Official that at least
one primary building material (e.g. roofing material) is 50% or more post-consumer recycled
content.

 Water Conservation The project shall include the installation of a graywater system. A
permit is required from the Department of Environmental Health for the graywater system in
addition to the building permit issued by Department of Planning and Land Use.

MINUTES
 Green Building Incentive Task Force
 March 24, 2011
 City Hall, Room 209, 12:00 PM

Introductions

The Task Force took a moment to reintroduce fellow members and others present at the meeting.

1. Review and approve of GBITF minutes from March 24, 2011.

The minutes were summarized by Councilor Marshall. The minutes were unanimously approved by the
Committee.

2. Review of Green Building Programs in Boston and San Diego County.

Houseal summarized the memo submitted to the Committee on the survey of Boston’s and San Diego
County’s green building programs.

Boxer asked if Portland has a similar permits and fees format to San Diego? Planning Director Alex
Jaegerman stated that there are certain fees for building permits and cost varies by project. The format
seems similar or comparable.

3. Further Discussion on Development of a Green Building Incentive and the Current Green Building
 Ordinance.

Councilor Marshall wanted to know from the committee what they felt would work better for
promoting green building. He also asked if the committee should be considering all aspects of green
building including resource conservation, building performance, and waste water. Getz wanted to focus
on building performance. Pulaski was interested in the whole building performance because just energy
performance could result in a poorly performing building such as air quality. Belleau was interested in
the reduction of oil usage. O‐Neil said that Portland’s natural gas usage is higher proportionally then the
rest of the state. Marshall stated that city buildings are converting to Natural gas from fuel oil.

Pitman asked if at the previous meeting there was discussion of what sectors the Committee is trying to
address? Marshall stated that the current ordinance specifies 10,000 sf and above $250,000. Boxer felt
that it is important in the Committee’s discussion to bring developers who are on the fence about a high
performance building to actually construct one. 5% of developers are already constructing green.

Marshall asked about third party review related to the current green building ordinance.
Pulaski wanted to know how we were going to go to the next level whether it was charging a fee, or
abatement, or a density bonus and what would work best to promote developers on the fence to
actually construct a green building. Pulaski wanted to know what options there were available for
incentivizing green building. Jaegerman stated that there was an affordable housing bonus used to
incentivize affordable housing construction.

Shinberg asked if anybody could explain the performance difference between MUBEC and LEED. Pulaski
responded that MUBEC requires ASHRAE 90.1 and LEED requires that minimum certification is 10%
better than ASHRAE 90.1.

Belleau mentioned using energy performance scores for buildings particular residential and new
construction as well as renovations.

Pitman mentioned for existing buildings that incentives could be applied by energy performance change
rather than targets so that new owners could benefit from the incentive down the road. Marshall added
that it was important to include renovations in the discussion. Getz liked the idea of incremental change
versus a standard. Pulaski also added the importance of focusing on existing buildings.

Boxer wanted to know what the potential options were for offering incentives whether it included
permits and tax abatements. Houseal stated that the City did not have control over the tax
assessments. Getz added that he also wanted to know the world of options for incentivizing: monetary
and non‐monetary. O’Neil asked for the state programs that are available to make sure the Committee
is not being redundant.

Marshall said that there might need to be multiple approaches to different sectors.

4. Confirm Date for Next Meeting: The next meeting is currently scheduled for April 28, 2011.

5. Adjourn