Committee Report CR-3
The Health and Environment Committee held a public meeting on Tuesday, July 28, 2009 at five o'clock and two minutes P.M. in the Ackerman Room.
Present at the meeting were Councillor Henrietta Davis, Chair of the Committee, Susan Glazer, Deputy Director, Community Development Department (CDD), John Bolduc, Environmental Project Planner, CDD, Iram Farooq, Project Planner, CDD, Sarah Burks, Preservation Planner, Historical Commission, Ranjit Singanayagam, Commissioner of Inspectional Services Department, Michael Ginieres, Public Health Department, Lilah Glick, Cambridge Health Alliance, Penny Peters, Aide to Councillor Davis and Deputy City Clerk, Donna P. Lopez.
Also present were Marc Breslow and Ian Finlayson, State Executive Office of Energy and Environmental Affairs, Peter Daly, Homeowners Rehab (HRI), Terrence Smith, Cambridge Chamber of Commerce, Keren Schlomy, Green Decade, Audrey Schulman, Home Energy Efficiency Team (HEET), Joe Maguire, Alexandria Real Estate, 700 Tech Square, Tim White, Alexandria, Jim Batchelor, Arrowstreet Architects, 212 Elm Street, Somerville, Robin Greenberg, Studio G Architects, Frank Shirley and Jarod M. Galvin, Frank Shirley Architects, Joseph Migliosi and Karen Sommerlad, Harvard University, Maureen McCaffrey, MIT, Emily Talcott, 3 West Place, Paul Tammaro, 4 Marion Street, Minka vanBeuzekom, 20 Essex Street, and Paul E. Happle.
Councillor Davis opened the meeting and explained the purpose. On June 8, 2009 the City Council received an Awaiting Report response on the method of adopting the Stretch Energy Code
Cities and towns now have the option to adopt the Stretch Energy Code (SEC) in place of the state's base energy code. The SEC sets a higher standard for energy efficiency in buildings. Cambridge has been a leader in energy efficiency. This meeting is to discuss what the SEC is and about strategy. Councillor Davis introduced Marc Breslow and Ian Finlayson from the Executive Office of Energy and Environmental Affairs.
. The SEC, (Appendix 120.AA), was adopted by the Massachusetts Board of Building Regulations and Standards (BBRS) in May 2009 as an optional appendix to the State Building Code. This regulation must be published in the Massachusetts Register which is published by the Secretary of State before it becomes effective. If it has not been published already, it is expected to be very soon. Cambridge, he said, is acting quickly on the Stretch Energy Code. He listed other communities who are interested in adopting the SEC, including Newton, Northampton, Arlington, Brookline, Carlisle, Lenox, Lexington, Concord, Barnstable and Falmouth. Adoption of the SEC is one criterion to qualify under the state's Green Communities program for grant funding. Communities may adopt SEC in place of the energy efficiency requirements of the base building code. The State Building Code will be updated in 2010 to the recently published International Energy Conservation Code (IECC) 2009 energy code. The Green Communities Act requires adoption of the latest version of the IECC within one year of its publication. A document entitled "Summary of Stretch Appendix to Mass. Energy Code, adopted by BBRS May 2009, was distributed
The SEC is based on the 2009 IECC code, but requires 20% greater building efficiency and third party testing and rating of building energy performance. The SEC may be adopted by a city or town by decision of its governing body following a public hearing. There will be a six month concurrency period. During this period a property owner has the right to decide whether to follow the existing Building Code or the SEC. A municipality that adopts the SEC is not permitted to compel compliance with the SEC during the concurrency period. The concurrency period may only start on January 1
Councillor Davis asked what benefit is there to qualifying as a green community. Mr. Breslow stated that there is available a $10 million allocation to be used for environmental purposes. Consultant teams have been established. Mr. Bolduc stated that the eligibility criteria have just been decided. The funding will be available in the fall; the grant solicitation from the state has not been issued yet. There are five criteria for the funding, one being the adoption of SEC. The other criteria are as-of-right zoning for renewable energy, expedited permitting, municipal energy management and a municipal vehicle efficiency commitment.
Councillor Davis stated that she is interested in Cambridge adopting the SEC and would like to get information to the public about the SEC as soon as possible. The earliest possible time for adoption would be January 1, 2010 with implementation July 1, 2010.
Councillor Davis asked about training on the SEC. Mr. Finlayson spoke about the concurrency period when both codes apply. Either the old or the new code requirements could be met. The SEC can be used during the concurrency period, but can only be enforced after concurrency period. He explained that last year the State Building Code was the 5
edition. Comprehensive building code training is planned. Initial training will concentrate on building department officials. Intensive training will commence this fall and continue for two years. There is a coordinated state effort to do training. Councillor Davis asked if there is sufficient training for inspectors. Mr. Finlayson responded in the affirmative.
Councillor Davis asked what training will be provided for people in the building trades. Mr. Breslow spoke of the Home Energy Rating System (HERS). New residential buildings, three stories or less will be required to meet an energy performance standard using HERS. HERS will be used to verify compliance with the SEC. There will be a small training fee for contractors; no fee for building department officials. The state awarded an RFP to a consortium headed by Springfield Technical College for training in the energy industry for architects and those in the trades. Courses will be offered in three locations and will include insulation and air sealing.
Councillor Davis asked how contractors will be persuaded to embrace the new green technology. Mr. Breslow stated that training is geared to contractors with emphasis on building shell and HVAC. There are no training specs for electricians. Councillor Davis commented that electricians want to install additional lighting and under cabinet lighting. The new industry standard is 10-12 lights in the kitchen. Holes for lighting fixtures are made and there is no air sealing to plug up the holes.
Mr. Shirley asked how will the HERS rating be made part of the building process. Mr. Finlayson responded that the HERS ratings have been available and are part of the Energy Star for Homes Program. A HERS rater is used during the design phase of building where a HERS target is established. Energy Star Homes were 12% of new construction last year. Mr. Breslow stated that HERS rating will be required under the SEC for new construction. Mr. Shirley stated that his concerns are time implications, cost and liability. Mr. Finlayson stated that a significant part of the cost of the HERS rater is underwritten by the Energy Star Program. Mr. Bolduc asked for clarification of the applicability of the SEC to new construction and renovation. Mr. Finlayson stated that the SEC applies to new commercial construction of 5,000 square feet and above; buildings smaller than 5,000 square feet are exempt. For new residential construction, the SEC requires a HERS index of 65 or less for new homes of 3,000 square feet or above and a 70 HERS or less for new homes below 3,000 square feet. He further explained that a 65 HERS index means that the home is estimated to use 65% as much energy as the same house built to the 2006 energy code. This is a 35% energy savings annually. On home renovations there are two options: performance and prescriptive. The performance approach would be used to show an index of 80 or less for significant renovations to a home over 2,000 square feet or 85 or less below 2,000 square feet. The prescriptive option only requires completing a defined list of efficiency measures.
Mr. Maguire asked if there was duplication with the LEED building code and the new SEC. Mr. Finlayson responded that there was no duplication for a LEED commercial building. He expects compliance with the SEC would be equivalent to a LEED Silver rating. The energy modeling that would be required of commercial projects would be similar to the modeling required by LEED.
Ms. McCaffrey, Associate Director, Real Estate, MIT, commented that a more stringent code seems to increase the energy efficiency requirements under LEED. Her reading of the LEED standard suggests that projects would have to exceed the SEC by 20% to satisfy LEED. Mr. Finlayson stated that adoption of the SEC requires 20% improvement of the American Society of Heating, Refrigeration and Air conditioning Engineers (ASHRAE); SEC requires 20%. His discussions with the U.S. Green Building Council indicate they do not expect that the SEC would ratchet up the energy efficiency requirement under LEED. However, he acknowledged that this should be clarified in an official manner.
Mr. Finlayson stated that the BBRS wants public comment and will hold a public hearing in September or October 2009 on the plan to move the state base code to IECC 2009.
The BBRS was motivated to create the SEC because it was receiving requests for communities that wished to create stronger local energy codes. The BBRS did not want a multitude of regulations. Councillor Davis stated that Massachusetts is one of a few states that has a state-wide code. The SEC does not affect laboratories smaller than 40,000 square feet or renovations to commercial buildings. Mr. Finlayson explained that "specialty buildings" (labs, supermarkets and warehouses) over 40,000 square feet are required to meet a performance standard set at 20% below energy use of the ASHRAE code. Mr. Maguire commented that he does not understand why large labs are not required to comply with SEC. The use of the building must be reviewed stated Mr. Finlayson. Mr. Maguire stated thatan issue is the air exchange in the laboratory environment. Mr. Finlayson said that to achieve a LEEDS gold standard a laboratory must meet a standard which is higher that the SEC. Laboratory buildings in Cambridge may already meet the standard.
Mr. Migliosi, Harvard University, inquired whether ISD would need a special approval process or modeling of SEC. Who would oversee the enforcement of the SEC, he asked? Mr. Finlayson stated that evaluation of commercial buildings would be based on plans submitted with an engineer's stamp and statement.
Robin Greenberg asked why the state did not adopt the SEC statewide. Mr. Finlayson stated that the BBRS will make the IECC the base code to the SEC. The option to go to the IECC before 2012 will accelerate energy efficiency. Mr. Finlayson expects there will be a new code in 2012. Cities and towns that opt in to the SEC may help the adoption of a stronger IECC in 2012.
Mr. Bolduc stated that a more stringent building and energy code will help Cambridge reduce energy use and greenhouse gas emissions. Mr. Smith stated that 80% of green house gas is caused from existing buildings. However, he is concerned that if a code is too stringent people will be dissuaded from proceeding with any improvements. People need to be able to adapt to new changes. He stated his concerns regarding training and enforcement.
Ms. Burks, Cambridge Historical Commission, spoke about the city's demolition ordinance. Mr. Smith commented that significantly renovated property can trigger review of the historical significant and landmark ordinance. This represents another layer of regulations. Councillor Davis stated that this is not related to the SEC. Mr. Breslow distributed a document outlining a cash flow scenario for SEC for new construction and gut rehab
Ms. Burk stated that the final version of the SEC has special consideration for historical property. She is apprehensive about the aspect of increasing energy efficiency through disposal of material from historical property, especially material that may contain lead, when there are other ways to increase energy efficiency. She asked if the IECC 2012 will consider historical property. Mr. Finlayson responded that the IECC always planned to include historical buildings renovations or repairs. There are two options: performance or prescriptive. If nothing works a waiver can be secured from BBRS. Ms. Burks expressed a concern that contractors will not seek waivers. Councillor Davis stated that more education and training are needed about how the SEC would apply to historical buildings and laboratories.
Mr. Shirley stated that Cambridge has 42,000 households. He spoke about the efficiency of an old house. The state needs to be educated on energy efficiency of old houses. Most new construction may not be around in 50-100 years. His house has 117 year old window sashes. New thermal pane windows fail. He installs laminated glass with storm panels. He was concerned with the fact that the SEC did not look at old structures as being energy efficient. Mr. Breslow stated that from the renovation aspect if windows are replaced they must be replaced with energy efficient windows, but the SEC does not require windows to be replaced per se. Mr. Shirley stated that the SEC is not allowing old buildings to be considered energy efficient. Mr. Finlayson commented that when new equipment is added it must be Energy Star rated.
Councillor Davis stated that she needed more information. Other meetings should be held to discuss residential, commercial buildings and labs.
Mr. Smith questioned the manner of adoption of the SEC. He wanted to know whether it would become part of the city ordinances. Councillor Davis reposed that the SEC must be adopted by the City Council as a whole and does not have to go through the Ordinance Committee.
Ms. Farooq questioned how the SEC would intersect with the Green Building Task Force. The BBRS perspective is changing with the SEC regarding LEED certification. This may need to be worked on by the Green Buildings Task Force. The Community Development Department is planning to submit a proposed zoning amendment to the City Council in September based on the recommendations of the Green Building Task Force.