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District of Columbia Sustainability - Regulatory Update

District of Columbia Sustainability - Regulatory Update. 2013 Final Stormwater Rule Building Code Changes Zoning Changes – Green Area Ration and Minimum Pervious Surface Requirements. 2013 Final Stormwater Rule Restoring District Waterbodies for Residents, Businesses, & Visitors.

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District of Columbia Sustainability - Regulatory Update

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  1. District of ColumbiaSustainability - Regulatory Update • 2013 Final Stormwater Rule • Building Code Changes • Zoning Changes – Green Area Ration and Minimum Pervious Surface Requirements

  2. 2013 Final Stormwater RuleRestoring District Waterbodies for Residents, Businesses, & Visitors

  3. Agriculture, Industrialization, Urbanization Degradation

  4. Urbanization Stormwater 4

  5. Imperviousness in the District • 43% of the District’s land area is impervious. • A single 1.2 inch storm falling on this area produces about 525 million gallons of stormwater runoff.

  6. Impact on Waterbodies Stormwater washes trash, sediment, oil, grease, pet waste, and other pollutants into District sewers and waterbodies. 6

  7. Impact on Waterbodies Its sheer volume erodes stream channels, toppling trees, washing sediment downstream, and severely degrading aquatic habitat.

  8. Impervious Surface Retrofits • Retain runoff on site to mimic natural land cover. • Retention BMPs gradually make District “spongier.” • Essential for long-term restoration of waterbodies. 8

  9. Regulated Development Key to Retrofits • New SW regs establish retention standards (2013 rule): • 1.2” storm retention – Projects disturbing 5k SF land. • 0.8” storm retention – Renovations over certain size & cost. • Most regulated development in District is redevelopment. • Scale of development makes it biggest driver of retrofits. • Gradual transformation of DC’s 43% impervious land cover. Annual area retrofitted under SW regs (1% of DC land) Annual area retrofitted via DDOE direct investment : 1 10 .

  10. Green Roofs

  11. StormwaterTree and LID Boxes

  12. Rainwater Harvesting for Non-potable Uses

  13. Stormwater Retention Credit Trading • Problem of imperviousness provides opportunity for trading. • Flexibility important to achieving acceptance of strong standards. • Trading can maximize triple bottom line of sustainability: • Maximize cost savings & flexibility for regulated sites. • Increase retention and accelerate restoration of waterbodies. • Increase socioeconomic benefits, with more LID • (health, aesthetics, environmental justice, green jobs). • SRC market may serve as tool for District to achieve retrofits at lower cost and with greater engagement of private sector.

  14. Trading’s Potential to Increase Retention • Same retention for 1.2” storm: Trading Strict On-Site 5,000 + 5,000 = 10,000 gallons 10,000 gallons 14

  15. Trading’s Potential to Increase Retention • Greater retention for storms smaller than 1.2” • Example – 0.6” storm: • 90% of storms in Washington DC are less than 1.2”. • This scenario yields 57% increase in annual retention. Strict On-Site Trading 5,000 gallons 5,000 + 5,000 = 10,000 gallons 15

  16. Benefits to District Waterbodies • Increased annual retention District-wide. • Increased capture of first-flush volume. • Shift retention BMPs to most vulnerable tributaries and improve socioeconomic outcomes. 16

  17. Off-Site Flexibility for Regulated Sites • Free to go off site after achieving 50% of required retention on site. • Two off-site options: • In-lieu fee (ILF) payment to DDOE = $3.50/gallon/year. • Use of Stormwater Retention Credits (SRCs). • Off-site volume is an ongoing obligation for property. • SRCs can be banked indefinitely. • Purchased SRCs remain valid if generating site fails. • SRCs from anywhere in the District can be used.

  18. Generation of Stormwater Retention Credits • DDOE is sole SRC-certifying authority. • DDOE will certify up to 3 years’ worth of SRCs every 3 years for eligible retention capacity. • Retrofit sites not permanently obligated to that use: • No maintenance covenant required. • Maintenance obligation can be ended by forfeiting SRCs or purchasing replacement SRCs for DDOE to retire. • Retrofits must be maintained for period of SRC certification or until obligation ended.

  19. Grocery parking lot voluntarily installs 4,000 gal bioretention to generate 3 years of SRCs or 12,000 SRCs.* Church parking lot voluntarily installs 2,000 gal bioretention to generate 3 years of SRCs or 6,000 SRCs. Regulated site has 3,000 gal yearly offsite obligation & purchases total of 18,000 SRCs to comply for 6 years. By end of 6-year period, regulated site purchases additional credits or pays in-lieu fee. *Note: Opportunity for discount on stormwater impervious fee provides layered incentive for retrofit. Example SRC Transaction 19

  20. *SRC value based on projected cost to recoup costs, not market analysis. Costs include capital, maintenance, land, and return on investment. Potential Financial Return 20

  21. Transition Plan Transition Period 1 ends Final Rule Published Transition Period 1 180 days July 19, 2013 January 15, 2014 • Transition Period 1 • Regulated projects comply with existing regulations. • Tied to submittal of first SW Management Plan as part of building permit application process. 21

  22. Transition Plan Transition Period 2A ends Transition Period 1 ends Final Rule Published January 15, 2015 Transition Period 2A 365 Days Transition Period 1 180 days Transition Period 2B 545 Days July 19, 2013 January 15, 2014 Transition Period 2B ends July 14, 2015 • Transition Period 2A and 2B • Minimum on-site retention requirement waived. • Entire retention volume may be achieved off site. 22

  23. Transition Plan Transition Period 2A ends Transition Period 1 ends Final Rule Published January 15, 2015 Transition Period 2A 365 Days Fully effective for Major Land Disturbing Activities Transition Period 1 180 days Fully effective for Major Substantial Improvements Transition Period 2B 545 Days January 15, 2014 Transition Period 2B ends • Fully Effective – Except: • Certain projects (“Advanced Design”) with unexpired approval by Zoning Com. or NCPC - Subject to TP when application submitted. • Additional grounds for on-site relief for projects with unexpired approval (from HPRB, CFA, BZA, DCOP, NCPC) that conflicts with on-site BMP – If application submitted prior to end of TP2A/TP2B. July 14, 2015 23

  24. Greening the District’s Building Codes

  25. Goals • Green the construction code to the maximum extent practicable. • Codify the best practices currently followed by green building leaders in the District.

  26. Compliance Paths • Green Building Act • Int’l Green Construction Code (IgCC) • ASHRAE 189.1 • LEED • Green Communities • National Green Building Standard

  27. Code Summary - Scope • Covers all commercial projects (10,000 SF and larger) • Covers multi-family residential 4 stories and larger (and 10,000 SF and larger)

  28. Transitory Provisions for the Revised Codes • Exceptions (Section 123 Building Code) • Projects with existing building permits • Projects with existing design contracts or existing filed application • Tenant layout permits for previously built Core and Shell buildings

  29. GREEN AREA RATIOREGULATION

  30. Green Area Ratio What is it? A flexible green site design requirement that varies by zone. How Achieve? Choose from a range of environmental landscaping practices each of which have been assigned an environmental performance ranking. Examples may include… Impermeable pavement Impermeable roof Un-vegetated permeable pavement Vegetated permeable pavement Green roofs Natural ground cover Rain gardens Trees & shrubs Green facades

  31. GAR: How Does it Work? How to calculate: Add up landscape elements by number or size # trees Size of green roof Size of rain garden # of plants Soil depths Divide by lot area = GAR score

  32. Pervious surface requirements Landscaping for parking lots RELATED ZONING REQUIREMENTS

  33. Pervious Surface Requirements In zones R-1 through R-4 Applies when increasing existing lot occupancy by 10%+ or 25%+ for historic structures Pervious = grass; mulched groundcover; plants; trees; permeable pavers; and decks or porches

  34. Landscaping for Surface Parking Minimum 10% of lot landscaped Landscape end islands of 9+ spaces Trees must be min. 2.5” dbh at planting Plant 4’ from protective barriers Special exceptions if impracticable

  35. Jeff Seltzer 202-535-1603 Jeffrey.Seltzer@dc.gov To download the District’s Final Rule and Stormwater Management Guidebook, & related resources, visit: ddoe.dc.gov/swregs For additional information on the Green Area Ratio visit: ddoe.dc.gov/gar For additional information on the Green Building Codes: ddoe.dc.gov/greenbuildings QUESTIONS? 35

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