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HomeMy Public PortalAboutGreen Communities Designation guidance 2010Massachusetts DEPARTMENT OF ENERGY RESOURCES GREEN COMMUNITIES GRANT PROGRAM GUIDANCE DESIGNATION AND GRANT APPLICATION PROCESS Massachusetts Department of Energy Resources PROGRAM INSTRUCTIONS / GUIDELINES AND DESIGNATION FORM INTRODUCTION The following guidance describes the Green Communities Grant Program process (pursuant to M.G.L. Ch. 25A §10). Qualifying as a Green Community allows a community to apply for grants to finance all or a portion of the cost of studying, designing, constructing and implementing energy efficiency activities, including but not limited to energy efficiency measures and projects; procurement of energy management services; installation of energy management systems; adoption of demand side reduction initiatives, and the adoption of energy efficiency policies. These funds can also be used to finance siting and construction of renewable and alternative energy projects on municipally owned land. To qualify as a Green Community, an applicant (municipality or other local governmental body) must meet five specific criteria as outlined in this document and in the toolkit available on the Green Communities website at: http://tinv.cc/GCToolkit2010 Information regarding the five criteria is also included as part of the designation form. INSTRUCTIONS The Green Communities Grant Program is divided into two parts, a designation process and a grant application process. Designation Form In order to be considered for grant funding, the applicant must first be designated as a Green Community. To receive official designation as a Green Community, the applicant must complete the attached "Designation Form" and submit it to the Green Communities Division by the specified deadline. The applicant will be notified as to whether they qualify as a Green Community once the designation form has been reviewed. Preliminary Consultation For those municipalities or local governmental entities that wish to have their designation criteria reviewed prior to formally submitting a Designation Form to the Green Communities Division, they may request a preliminary consultation. In order to receive a preliminary consultation you must submit an electronic request via email to Cliff Sullivan at cliff.sullivan(cr�state.ma.us. Preliminary consultations will be conducted through April 21, 2010. Please note that a preliminary consultation does not represent designation approval. Deadline The designation process is a rolling process. Eligible local governmental bodies may apply for designation at any time. However, in order for a local governmental body to be eligible to submit a grant application, it must submit a designation form prior to the grant application deadline. For the FY 2010 program, in order to be eligible to submit a grant application, the local governmental body must submit a designation application by: Deadline: Friday, May 14, 2010 by 5:00pm to be eligible to participate in FY 2010 grant round. To apply: Designation forms are available on the Green Communities Division website at: www.mass.qov/energy/greencommunities and at www.comm-pass.com Designation forms must be submitted electronically to Cliff Sullivan at cliff.sullivan(a�state.ma.us and as one (1) unbound hard copy (including attachments) to the following address: Department of Energy Resources Green Communities Division 100 Cambridge Street, 10th Floor Boston, MA 02114 ATTN: Cliff Sullivan Grant Application Once designated the Green Community is eligible to apply for grant funds through the Green Communities Grant Program. Green Communities must fill out a grant application and submit it by the established deadline. Amount of awards will be based on available funds, the number of applicants, scoring as outlined in the grant application and the bonus points achieved. Eligible uses of funds are described in the grant application, which is currently available on Comm -PASS and the Green Communities Division website. FY 2010 DESIGNATION AND GRANT APPLICATION TIMELINE DATE EVENT Friday — March 19, 2010 Begin accepting grant applications Friday — May 14, 2010 Deadline for designation applications to be submitted by communities intending on submitting grant applications by May 28th Friday — May 28, 2010 Grant Applications due Monday — June 28, 2010 Announce Grant Awards • Massachusetts DEPARTMENT OF ENERGY RESOURCES Guidelines for Qualifying as a Green Community SUMMARY OF REQUIREMENTS TO QUALIFY AS A GREEN COMMUNITY As outlined in MGL c. 25A §10(c), a municipality or other local government body must do all of the following: NOTE: One or more municipalities may together submit an application to qualify as a regional Green Community. Each municipality in a regional application must meet each of the requirements with one exception: the 20% reduction from the energy baseline can be applied in the aggregate across all of the municipalities. CRITERIA 1: AS -OF -RIGHT SITING - RENEWABLE / ALTERNATIVE ENERGY Provide for the as -of -right siting of (1.) renewable or alternative energy generating facilities, (2.) renewable or alternative energy research and development (R&D) facilities, or (3.) renewable or alternative energy manufacturing facilities in designated locations. o "As -of -Right Siting" is defined as siting that provides for the allowed use of, and does not unreasonably regulate, or require a special permit. o An applicant can meet this requirement by providing as -of -right siting for one of the three types of facilities described. o If a community has as -of -right siting in place for R&D and/or manufacturing facilities in general, this can meet this requirement, but the community must demonstrate that the zoning by-law applies to renewable and alternative energy R&D or manufacturing. o Communities can select the specific locations for the as -of -right siting, i.e. where these facilities are to be located, but these locations must be feasible and practical. • e.g: Locations for wind are required to have adequate wind resources (6m/s at 70 meters) and biomass CHP locations are required to have a sufficient thermal load o If providing as -of -right siting for generation, the community must select technology that is practically available and provides a realistic opportunity for generation. It is expected that a community will appropriately utilize its available renewable resources, and this will be taken into consideration in the review of an application meeting this requirement. For example, it would be expected that a community with wind resources of 6m/s or above will provide as -of -right siting for wind generation. o As -of -right zoning by-laws can apply appropriate standards that protect public health and safety and provide for non -discretionary site plan review. Reasonable environmental performance standards per the developed by-law may be incorporated into the Site Plan Review (SPR) process (e.g. height, setback, etc...), but cannot be so stringent as to make the use infeasible. The thrust of this aspect of the policy is that SPR be truly non - discretionary. In other words, if the standards and zoning requirements are met, the project can be built. This is distinct from the Special Permit (SP), in that the SP may be denied if the Planning Board or other permit granting authority is not satisfied with the project. o An applicant can meet this requirement with as -of -right siting for renewable or alternative energy generation with one of the following project requirements: ■ On -shore Wind — a turbine of a minimum 600 kW in size or above ■ Off -shore Wind — a turbine of a minimum 2.5 MW or above • Solar Photovoltaic — a single ground -mounted system of a minimum of 250 kW or above • Biomass CHP - a minimum of 5MW in a stand-alone building • Ocean, wave or tidal — no minimum threshold o If providing as -of -right siting for R&D or Manufacturing facilities, a municipality's zoning must specify as an allowed use construction of one of the following facilities: ■ Research and Development Facilities are those used primarily for research, development and/or testing of innovative information, concepts, methods, processes, materials, or products. This can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. The accessory development, fabrication, and light manufacturing of prototypes, or specialized machinery and devices integral to research or testing may be associated with these uses ■ Manufacturing Facilities are those used primarily for heavy or light industry or the manufacture or assembly of a product including processing, blending, fabrication, assembly, treatment and packaging o Additionally, in order to qualify, the as -of -right zoning for R&D or manufacturing must clearly allow renewable or alternative energy activities defined as follows: Renewable Energy: • Solar - photovoltaic (PV) and thermal • Wind • Biomass power conversion or thermal technologies, including R&D related to, or the manufacture of, wood pellets • Ultra low emissions high efficiency wood pellet boilers and furnaces • Low Impact Hydro - electric and kinetic • Ocean thermal, wave or tidal • Geothermal • Landfill Gas • Fuels Cells that use Renewable Energy • Advanced biofuels Alternative Energy. • Combined Heat and Power • Electric and hydrogen powered vehicles and associated technologies including advanced batteries and recharging stations NOTE: When grant awards are made to those applicants who have qualified as a Green Community, consideration will be given to those who have met the as -of -right siting requirement through renewable and alternative energy generation. HELPFUL LINKS: 1. Model As -of -Right Wind Bylaw http://www.mass.gov/Eoeea/docs/doer/qca/qc-model-wind-bylaw-mar-10-2009.pdf 2. Model As -of -Right Large Scale Solar PV Bylaw http://www.mass.gov/Eoeea/docs/doer/qca/Solar Model Bviaw%20FINAL%20Sept%2009.doc 3. Guidance for As -of -Right RD or Manufacturing Bylaw http://www.mass.gov/Eoeea/docs/doer/qca/RD%20or%20manuf%20AOR%20quidance-11-12- 09.pdf CRITERIA 2: EXPEDITED PERMITTING Adopt an expedited application and permitting process under which these energy facilities may be sited within the municipality and which shall not exceed 1 year from the date of initial application to the date of final approval. o The expedited application and permitting process applies only to the proposed facilities which are subject to the as -of -right siting provision. o An applicant can meet this requirement by applying the expedited permitting process of MGL c 43D to these zoning districts. o The one (1) year deadline requirement must include an effective enforcement mechanism, such as a constructive approval provision HELPFUL LINKS: 1. Guidance on Expedited Permitting: http://www.mass.gov/Eoeea/docs/doer/gca/gc-guidance-criteria2.pdf CRITERIA 3: ENERGY BASELINE / 20% ENERGY REDUCTION PLAN Establish an energy use baseline inventory for municipal buildings, vehicles, street and traffic lighting prior to submitting a designation form, and put in place a comprehensive program designed to reduce this baseline by 20 percent within 5 years of initial participation in the program. o Energy use baseline is applied in the aggregate across building, street lights and vehicles on an MMBTU (million British Thermal Units) basis o After opportunities for energy reduction measures have been maximized, credit may be given for the addition of renewable energy resources to reach the 20% reduction goal. o To allow communities to take credit for energy efficiency measures completed in recent years, a community may provide a baseline from FY year 2007 (or CY 2007), and provide a reduction plan that begins in FY 2008 (or CY 2008). o For applications consisting of more than one community, all communities must complete the inventory. However, the comprehensive program to reduce the baseline by 20% can be applied across all communities. o Acceptable tools for performing the inventory are: • EnergyStar Portfolio Manager ■ ICLEI software • DOER's MassEnergylnsight tool (www.massenergyinsight.net) • Other tools proposed by the community and deemed acceptable by DOER HELPFUL LINKS: 1. Guidance on developing an Energy Reduction Plan http://www.mass.gov/Eoeea/docs/doer/qca/GUIDANCE%20FOR%2OGREEN%2000MMUNITIES% 20CRITERIA%20THREE%20FINAL.pdf CRITERIA 4: PURCHASE ONLY FUEL -EFFICIENT VEHICLES Purchase only fuel -efficient vehicles for municipal use whenever such vehicles are commercially available and practicable. o Heavy-duty vehicles such as fire -trucks, ambulances, and public works trucks are exempt from this criterion. Heavy-duty vehicles are defined as those vehicles that have a gross vehicle weight rating of 8,500 pounds or more. o Police cruisers are exempt from this criterion. However, municipalities must commit to purchasing fuel efficient cruisers when they become commercially available. Police department administrative vehicles must meet fuel efficient requirements. Questions regarding emergency vehicles should be directed to the Green Communities Division. o If an applicant does not have a vehicle fleet other than heavy-duty vehicles and/or police cruisers, it must propose alternative means for meeting this requirement, eg. having in place policies and procedures that promote reduced fuel usage for the municipality. For example, carpooling incentives for municipal employees, preferred parking for employees with hybrid vehicles, bike racks at municipal buildings and incentives for employees to bike to work. o An applicant must provide a vehicle inventory for non-exempt vehicles and a plan for replacing these vehicles with vehicles that meet the fuel efficiency ratings below. Recycling of vehicles is allowed, but only if the replacement vehicle meets the fuelefficiency ratings below. These fuel efficiency ratings are set to ensure that at least 5 or more automatic transmission models of mass production are available for sale in Massachusetts. Based on 2009 and 2008 EPA data, vehicles are to have a combined city and highway MPG no less than the following: • 2 wheel drive car: 29 MPG • 4 wheel drive car: 24 MPG • 2 wheel drive small pick-up truck: 20 MPG • 4 wheel drive small pick-up truck: 18 MPG • 2 wheel drive standard pick-up truck: 17 MPG • 4 wheel drive standard pick-up truck: 16 MPG HELPFUL LINKS 1. Guidance and Model Policy for Purchasing only Fuel Efficient Vehicles http://www. mass.gov/Eoeea/docs/doer/qca/GUI DANCE%20FOR%20GC%204%20- %20Vehicles%20SEPT%2009.doc CRITERIA 5: MINIMIZE LIFE -CYCLE COSTS Require all new residential construction over 3,000 square feet and all new commercial and industrial real estate construction to minimize, to the extent feasible, the life -cycle cost of the facility by utilizing energy efficiency, water conservation and other renewable or alternative energy technologies. o Cities and towns can meet this requirement by adopting the new BBRS Stretch Code, the new appendix to the MA State Building Code. Should a community chose to not adopt the stretch code and choose to use another standard, the community must provide evidence that this alternative standard minimizes the life cycle energy costs for all new construction and is enforceable by the community HELPFUL LINKS 1. STRECH CODE http://www. mass.qov/?pagelD=eopsmodulechunk&L=3&LO=Home&L1=Public+Safety+Agencies&L2 =Massachusetts+Department+of+Public+Safety&sid=Eeops&b=terminalcontent&f=dps bbrs build code changes public hearing&csid=Eeops 2. SUMMARY TABLE OF STRETCH CODE http://www. mass.gov/Eoeea/docs/doer/qca/Stretch%20codes%20summary%20table%20072809. pdf 3. STRETCH CODE ADOPTION PROCESS FOR TOWNS http://www.mass.gov/Eoeea/docs/doer/green communities/grant program/GUIDANCE%20FOR%2 OGREEN%2000MMUNITIES%20CRITERIA%20FIVE%20ADOPTION.pdf «�iorwM011/ • • Massachusetts DEPARTMENT OF ENERGY RESOURCES GREEN COMMUNITIES GRANT PROGRAM FY 10 APPLICATION Massachusetts Department of Energy Resources DESIGNATION FORM INSTRUCTIONS In order to be designated as a Green Community pursuant to MGL c 25A §10, the applicant must meet five criteria. The Green Communities Division is required to verify that the applicant has met the criteria through an application process. This designation form is the first step in a municipality becoming a Green Community. Please fill out this designation form completely including providing the required information outlined in this form. The designation phase is a rolling process. However, to be considered for grants in FY 2010, designation forms are due on Friday, May 14, 2010 by 5pm. One electronic copy must be submitted to Cliff Sullivan at cliff.sullivan(cc�state.ma.us and one unbound hard copy must be submitted to the following address: Department of Energy Resources Green Communities Division 100 Cambridge Street, 10t" Floor Boston, MA 02114 ATTN: Cliff Sullivan Once an applicant has completed this designation form, it will be reviewed by the Green Communities Division and a determination will be made as to designation. When an applicant is designated as a Green Community, it is eligible to apply for grant funds to support energy efficiency and renewable energy projects. APPLICANT INFORMATION Municipality / Local Government Contact (print) Street Address Title CitylTown State Zip Code MA Telephone Email FOR APPLICANTS SERVED BY MUNICIPAL LIGHT PLANTS - pursuant to MGL c 25A, §10(e) Please indicate the date the Municipal Light Plant adopted the Renewable Energy Charge and attach a copy of the minutes reflecting the vote taken: ❑ CRITERIA 1: AS OF RIGHT SITING Description of Criteria Provide for the as -of -right siting of renewable or alternative energy generating facilities, renewable or alternative energy research and development (R&D) facilities, or renewable or alternative energy manufacturing facilities in designated locations. Type of As -of -Right Zoning Please indicate which type of as -of -right zoning the municipality is providing (check all applicable boxes). ❑ RE/AE Generation ❑ On -shore Wind — a turbine of a minimum 600kW in size or above ❑ Off -shore Wind — a turbine of a minimum 2.5MW or above ❑ Solar Photovoltaic — a single ground -mounted system of a minimum of 250 kW or above ❑ Biomass CHP - a minimum of 5MW in a stand-alone building ❑ Ocean, wave or tidal — no minimum threshold ❑ RE/AE Facilities ❑ Research and Development ❑ Manufacturing Documentation RE/AE Generation and Facilities Please provide the following documentation as evidence that the municipality has met this criterion (include documents with this form). * Brief description of by-law * Identification of designated locations * Explanation of how measures meet criteria * Attach copy of bylaw or ordinance * Copy of zoning map that shows area zoned RE/AE Facilities — Where Applicant is submitting an existing bylaw not adopted specifically for this Program For those applicants that meet the criterion for R&D and or Manufacturing through existing bylaws or ordinances please include the following: Applicants must provide a letter from municipal counsel certifying that the existing zoning complies with the RE/AE Facilities criteria. In terms of specific contents: The letter must cite and summarize the pertinent section of the zoning ordinance/bylaw; Applicants must include copies of: • The applicable section of their zoning bylaw/ordinance • Copy of zoning map that shows area zoned • Important zoning definitions • The relevant section of the use table and any key that will help DOER interpret the use table • Any related local regulations applicable to facilities sited under the bylaw/ordinance—such as site plan review regulations —so that DOER can confirm that the related local regulations are non -discretionary; AND • Yield calculations must be either included in the text of the letter or attached. ❑ CRITERIA 2: EXPEDITED PERMITTING Description of Criteria Adopt an expedited application and permitting process under which these energy facilities may be sited within the municipality and which shall not exceed 1 year from the date of initial application to the date of final approval. The expedited application and permitting process applies to the proposed facilities which are subject to the as -of -right siting provision. An applicant can meet this requirement by applying the expedited permitting process of MGL c 43D to these zoning districts. The one (1) year deadline requirement must include an effective enforcement mechanism, such as constructive approval provision Type of Expedited Permitting Please indicate which type of as -of -right zoning the municipality is providing (check the applicable box). ❑ Local Expedited Permitting Process ❑ M.G.L. c43D — Expedited Permitting Documentation Please provide documentation that an expedited application and permitting process has been fully adopted for the as -of -right zoned parcels. Local Expedited Permitting Process 1. Municipalities must provide DOER a letter from legal counsel affirming conformance with the expedited permitting requirement and providing o Language of any applicable local site plan review by-law or ordinance that covers approval procedures and associated timing; o Text of bylaws or ordinances or regulations that provide for constructive or automatic grant of approval should any issuing authority fail to act within one year or the time frame specified in the by-law or regulation, whichever is shorter; and o A statement that nothing else within the municipality's rules and regulations precludes issuance of a permitting decision within one year. 2. The applicant should also include a copy of the applicable map(s) showing that the areas where the expedited permitting applies coincides with the as -of -right zoned areas for Criteria 1. MGL c43D 1. Municipalities must provide DOER with a certified copy of their City Council or Town Meeting vote designating the as -of -right zoned parcel(s) as a Priority Development Site ("PDS") 2. The applicant should also include a copy of the applicable map(s) showing the areas where the expedited permitting applies. ❑ CRITERIA 3: ENERGY USE BASELINE / REDUCTION PLAN Description of Criteria Establish an energy use baseline inventory for municipal buildings, vehicles, street and traffic lighting, and put in place a comprehensive program designed to reduce this baseline by 20 percent within 5 years of initial participation in the program. Documentation Please provide a copy of the energy use baseline inventory completed for all municipally owned and operated buildings, vehicles, street lights and traffic lights and a detailed plan for reducing fossil fuel consumption by 20% in 5 years (all required). ❑ Identify inventory tool used: ❑ Provide the baseline year used: ❑ Provide documentation of results of inventory ❑ Copy of plan / specific Actions to be implemented and timeline with milestones to achieve required energy reductions El CRITERIA 4: FUEL EFFICIENT VEHICLES Description of Criteria Purchase only fuel -efficient vehicles for municipal use whenever such vehicles are commercially available and practicable. Documentation Please provide the following documentation to verify that the municipality has met this criterion (both required): ❑ A copy of the policy or other mechanism adopted for purchasing only fuel efficient vehicles ❑ Inventory of existing fleet (model, year, estimated mpg) with plans for replacements with fuel efficient vehicles ❑ CRITERIA 5: MINIMIZE LIFE CYCLE COSTS Description of Criteria Require all new residential construction over 3,000 square feet and all new commercial and industrial real estate construction to minimize, to the extent feasible, the life -cycle cost of the facility by utilizing energy efficiency, water conservation and other renewable or alternative energy technologies. Cities and towns can meet this requirement by adopting the new BBRS Stretch Code, the new appendix to the MA State Building Code. Type of Method Please indicate which type of life cycle cost reduction the municipality is providing (check applicable box). ❑ Local Process ❑ Adopted Stretch Energy Code (780 CMR 120.AA, the MA Board of Builiding Regulations and Standards (BBRS) Stretch Energy Code) Documentation Please provide the following documentation to verify that the municipality has met this criterion: Local Process The municipality must provide documentation of the standard adopted, the mechanism in place for requiring this criterion for new construction and documentation of how this standard provides reduced life -cycle energy costs. NOTE: If a Municipality plans to meet this criterion through a local process, they are encouraged to submit a description of how it plans to do so with supporting documentation in advance of applying for designation. In this manner, the Green Communities can provide feedback on the acceptability of the identified process for meeting this criteria. Stretch Energy Code The municipality must provide documentation of the city or town vote adopting 780 CMR 120.AA, MA Board of Building Regulations and Standards (BBRS) Stretch Energy Code. *NOTE: TOWNS THAT HAVE PLACED AN ARTICLE ON THEIR TOWN MEETING WARRANT (PROVIDED THE TOWN MEETING VOTE IS NO LATER THAN THURSDAY, MAY 14, 2010) CAN SUBMIT A DESIGNATION FORM, INDICATING THAT CRITERION #5 IS IN PROCESS. IF THIS APPLIES PLEASE CHECK OFF THE BOX BELOW AND INDICATE WHEN THE TOWN MEETING VOTE WILL OCCUR AND INCLUDE A COPY OF THE APPLICABLE TOWN MEETING WARRANT. TOWN MEETING MUST APPROVE THE STRETCH CODE ARTICLE FOR THE APPLICANT TO RECEIVE CREDIT FOR MEETING CRITERION #5. ❑ TOWN MEETING VOTE PENDING Town Meeting Date: REQUEST FOR WAIVER Pursuant to MGL c. 25A, Section 10(c),the Secretary of Energy and Environmental Affairs may waive these requirements based on a written finding that due to unusual circumstances, a municipality cannot reasonably meet all of the requirements and the municipality has committed to alternative measures that advance the purposes of the green communities program as effectively as adherence to the requirements. Please select the criteria that the municipality is requesting a waiver for. A letter justifying why the applicant cannot meet this criteria (with supporting documentation) must be attached. In the letter please provide an alternative measure that advances the purposes of the Green Communities program as effectively as adherence to the requirement. ❑ As of Right Zoning ❑ Energy Baseline ❑ Minimize Life Cycle Cost ❑ Expedited Permitting ❑ Fuel Efficient Vehicles CERTIFICATION OF APPLICATION Pursuant to MGL c25A Sections 2 and 10, the applicant is required to certify that they are authorized to execute the application and verify that all information submitted is true. RESOLUTION OF AUTHORIZATION Resolved that, , is authorized to execute said Application on the behalf of , the applying community and verify that the information in this application is true. [signature] [date] [title] [TO BE COMPLETED BY NOTARY] I, as a notary public, certify that I witnessed the signature of the above named , and that said person stated that he or she is authorized to execute this resolution, and that the individual verified his/her identity to me, on this date: [date] [signature] My commission expires on: NOTARY SEAL HERE: