Georgetown Climate Center Draft DC Urban Heat Compilation 4/4/13 URBAN HEAT PROJECT COMPILATION OF DISTRICT OF COLUMBIA AGENCY POLICY OPTIONS Christina Hennecken Sara Hoverter April 4, 2013 Please do not post or circulate without permission. This report reflects the views of the authors and not Georgetown University or the District Department of the Environment. For questions of comments, please contact Sara Hoverter at smp32@law.georgetown.edu or 202-662-4233. The following is a chart-based compilation of legal authority and policy options for adapting to urban heat in the District of Columbia. The information is based on three memoranda explaining how the District can increase the use of cool paving, green roofing, and urban forestry. The memos themselves provide detailed legal analysis about agency authority, the relationships between agencies, and possible future action. The memos were organized based on categories of policy tools (government operations, incentives, mandates, and public education). The following charts lay out policy options and adaptation measures by District agency, alphabetically. Each agency’s chart includes a column describing adaptation measures the agency is “already doing,” a column indicating what the agency “could do today” within current authority, and a column for actions that require more authority. These “Need More Authority” columns refer to adaptation measures that require action by the Council. The Council chart is listed first as a summation of the actions that likely would need new legislation. Finally, some policy tools appear in multiple charts because they would reach maximum potential as joint efforts among multiple agencies. For these policy tools, the other agencies involved are listed in parentheses. Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry Council Category Already Doing Government Operations Anacostia Waterfront tree canopy mandate for publicly owned and publicly financed projects Incentives LEED Standards for non-residential properties over 50,000 sq. ft. (Council)** Construction codes contain cool roofs provision requiring flat or lowsloping roofs to be covered with at least 75% energy efficient material. Coal tar ban Urban Forest Preservation Act: tree protection ordinance (trees with 40+ inch circumference) o Tree Fund: min. $1,925 fee per tree removed Mandates Public Education Could Do Today Expand tree canopy mandate to hotspots (in addition to stormwater management problem spots) Establish minimum tree canopy standards o Option: set aside 1% of capital projects budget for landscaping on District properties o Option: set tree cover requirements based on total property acreage Require that any trees removed from District property be replaced by a greater ration than 1:1. Expand the Green Building Act to apply to more types of properties** o Allow DDOE and DCRA to give expedited permitting and land use density bonuses for development design that adds to tree canopy Create a property tax credit based on expenses for installing green roofs on homes. Tax credits for preservation of large or significant trees during development Tax legislation to freeze property values when owners plant a certain threshold amount of tree canopy Mandate that asphalt used to pave privately owned parking lots and driveways be surfaced with light colored aggregate Enact changes to the construction codes expanding green roof provision Expand Anacostia Waterfront tree canopy mandate to privately owned properties. Enact city-wide landscaping ordinance (basing planting requirements on development size) Amend Energy Efficient subtitle of DC Code to include shade trees for new development Expand Urban Forest Preservation Act to protect smaller trees o Increase required fees for tree removal to go to Tree Fund Establish a School Trees Program (like School Gardens Program) 2 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry Department of Consumer and Regulatory Affairs Category Already Doing Could Do Today Government Operations Incentives Expedited Permit Review for Green Building Design and LEED Gold (DDOE) Construction codes contain cool roofs provision requiring flat or low-sloping roofs to be covered with at least 75% energy efficient material. (DDOE) Promulgate a rule creating design guidelines that promote green roofs (targeting areas most affected by urban heat) Prioritize expedited permitting for projects that choose cool pavements as a way of meeting LEED standards or for projects using Green Roofs (DDOE) Create a zoning code review expedited permit program. Propose expanding the cool roof provision in the construction codes o Increase specified slope o Increase require roof coverage o Mandate green roofs at hotspots Mandates Need More Authority Apply the Green Building Act to apply to more types of properties** o Give expedited permitting and land use density bonuses for development design that adds to tree canopy (DDOE) Enforce potential changes to the construction codes expanding green roof provisions Department of Environment Category Government Operations Already Doing Stormwater Retention Volume Rates** Anacostia Waterfront tree canopy mandate for publicly owned and Could Do Today Promulgate a rule for general albedo standards for public paving operations, targeting hotspots Need More Authority Apply Anacostia Waterfront tree canopy mandate to hotspots (in addition to stormwater management problem spots) 3 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry publicly financed projects (DCRA) Incentives LEED Standards for non-residential properties over 50,000 sq. ft. (Council)** Expedited Construction Permit Review for Green Building Design and LEED Gold (DCRA) Stormwater User Fee Discount of 55% for property owners who improve stormwater management (DC Water)** Strengthened Stormwater Volume Retention Rate requirements for projects over 5,000 sq. ft.** RiverSmart Homes o permeable pavement grants o landscaping rebates Riversmart Schools Casey Trees Tree Rebate Green roof subsidy program Construction codes contain cool roofs provision requiring flat or low-sloping roofs to be covered with at least 75% Prioritize expedited construction permitting for projects that choose cool pavements as a way of meeting LEED standards or for projects using Green Roofs (DCRA) Increase the maximum discount for the stormwater user fee discount** Expand RiverSmart Homes to make apartments and condos eligible Make a grant program for non-residential projects that use cool pavements Expand GAR requirements to give credit for the use of light-colored pavements (OP) Expand the green roof subsidy program to more than $5/sq.ft. and for projects larger than 5,000 sq.ft. Partner with Pepco and oversee Pepco’s tree giveaway to target hotspots Make a grant program for tree planting through the Enterprise Fund Apply minimum tree canopy standards o Option: set aside 1% of capital projects budget for landscaping on District properties o Option: set tree cover requirements based on total property acreage Require that any trees removed from District property be replaced by a greater ration than 1:1. Apply the Green Building Act to apply to more types of properties** o Give expedited permitting and land use density bonuses for development design that adds to tree canopy (DCRA) 4 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry Mandates Public Education energy efficient material. (DCRA) Strengthened Stormwater Volume Retention Rate requirements for projects over 5,000 sq. ft. Online Stormwater Guidebook with information about using permeable pavement Online tool GreenUp DC with information on planning green projects, including where to find contractors and information on District incentives List of green roof tours online. Webpage about green roofs. Green D.C. Schools Promulgate a rule requiring high albedo levels for private paving projects Limit impervious surfaces in the hottest areas or where serious stormwater management problems exist through the zoning code (OP, ZC) Expand GAR to include the use of light-colored pavements in its point system (OP, ZC) Make information available online about the problem of urban heat and the benefits of light-colored pavement Run a media campaign about the benefits of cool pavement (DC Water) Hold a builders workshop educating private paving companies on the use of permeable pavement Use Green Building Fund to pay for a variety of education projects at the Mayor’s discretion** Organize green roof tours on District facilities Expand the list of available green roof tours at private properties o Make tours a requirement for the green roof subsidy program. o Give funding priority/more funding to subsidy program applicants who agree to give tours. Expand its website to provide more information about green roofs. Create a grant program for public education programs regarding protecting natural resources and runoff reduction.** Distribute brochures and flyers about urban heat adaptation** Direct human outreach to inform residents about the benefits of trees (UFA) Apply Anacostia Waterfront tree canopy mandate to privately owned properties. Enact city-wide landscaping ordinance (basing planting requirements on development size) Amend Energy Efficient subtitle of DC Code to include shade trees for new development Establish a School Trees Program (like School Gardens Program) (DCPS, possibly UFA) 5 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry Spotlight tree planting events (UFA) o Examples: street trees or trees in park space o Combined with tree giveaways and consultations Partner with Pepco to include tree information in the mail with bill statements Develop Environmental Literacy Plan to include information on tree planting (DCPS) Department of General Services Category Already Doing Promotes green building by prioritizing contractors who fulfill or exceed current LEED standards for government facilities.** Government Operations Public Education Could Do Today Use permeable or light-colored pavements in government facility parking lots (DGS) Prioritize green roofs on their facilities. Prioritize plans that include a minimum amount of tree canopy Help DC Water create demonstration projects for its Clean Rivers Project. Give green roof tours. Department of Transportation Category Government Operations Already Doing Green Alley Pilot Project Limestone Grey Concrete and Brick Sidewalks Coal tar ban Urban Forestry Administration o Pavement Removal Program Complete Streets Policy (prioritizes and allocates Could Do Today Use light pavements in general paving projects. Examples: o white cement on sidewalks and parking lots o asphalt with light colored aggregate on roads and Need Additional Authority Seek NCPC approval for design changes to the Downtown Streetscape Amend Downtown Streetscape Regulations to allow for lightcolored and permeable 6 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry tree spaces) Incentives Mandates Public Education parking lots Use permeable pavement in general paving projects (roads, sidewalks, shoulders, alleys, etc.) Start a Landscape Medians program UFA Green Grant Downtown Streetscape tree planting mandate in public right of way Urban Forest Preservation Act: tree protection ordinance (trees with 40+ inch circumference) o Tree Fund: min. $1,925 fee per tree removed Green Alley Pilot Project demonstrating the effectiveness of permeable pavement Urban Forestry Assessment online (UFA) Canopy Keepers tree maintenance program pavement on sidewalks in that area (NCPC) Use Urban Forest Preservation Act to protect smaller trees o Increase required fees for tree removal to go to Tree Fund Expand the Green Alley Pilot Project and better publicize completed alleys (DDOT) DC Housing Authority Category Government Operations Public Education Already Doing 12 year sustainability plan encouraging green building materials Could Do Today Prioritize green roofs on their facilities. Prioritize tree planting on their facilities. Go beyond Green Communities standards and ensure that surrounding properties have sufficient tree canopy. Help DC Water create demonstration projects for its Clean Rivers Project. Give green roof tours. 7 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry DC Public Libraries Category Already Doing Library Building Program specifies that each library meet LEED standards; many have green roofs. Government Operations Could Do Today Prioritize green roofs at all libraries. Share best practices for installing green roofs with DGS, DCHA, and DC Water. Help DC Water create demonstration projects for its Clean Rivers Project. Give green roof tours. Public Education DC Water Category Government Operations Incentives Public Education Already Doing Incorporating green infrastructure into its facilities through new construction and renovations. o Tree infiltration systems Clean Rivers Project Stormwater User Fee Discount of 55% for property owners who improve stormwater management (DDOE) Could Do Today Prioritize green roofs on its facilities. Give green roof tours. Low Impact Development program (for low income residents) Run a media campaign about the benefits of cool pavement (DDOE) 8 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry Historic Preservation Office Category Already Doing Could Do Today Modify its design guidelines to address green roofs Clarify how permit applicants can add green roofs to historic buildings Create a new set of design guidelines for green building features (w/HPRB approval) Government Operations Office of Planning Category Already Doing Government Operations Incentives Green Area Ratio requirement for small commercial properties and low-density residential areas (ZC) Mandates Zoning regulations allow for the use of permeable concrete and permeable asphalt (ZC) Green Area Ratio requirement for small commercial properties and low-density residential areas (ZC) Could Do Today Need More Authority Amend the zoning code to incorporate DDOE’s general albedo standards for public paving operations onto zoning overlays targeting hotspots (DDOE, ZC) Expand GAR requirements to give credit for the use of light-colored pavements (DDOE) Draft an expedited permitting program for zoning code review in the updated zoning code, giving priority to green roofs. Expand existing Floor Area Ration bonus for green roofs in zoning code revisions to apply to more building types and/or more zoning districts Modify the GAR regulations to give more points for green roofs Modify the maximum height exception to promote green roofs Limit impervious surfaces in the hottest areas or where serious stormwater management problems exist through the zoning code (DDOE, ZC) Expand GAR requirements to affect more than small commercial and low-density residential areas (ZC) Expand GAR to include the use of light-colored pavements in its point system (DDOE, ZC) Amend the zoning code to require that asphalt used to pave privately owned parking lots and driveways be surfaced with light 9 Policy Options are color-coded based on which adaptation measure they affect. Asterisks (*) indicate the policy would affect multiple adaptation measures. Key: Cool pavements Green Roofs Urban Forestry Draft provisions into the zoning code update that directly mandate green roofs. Draft environmental stewardship provisions into the zoning update that establish review criteria for more districts (similar to the Union Station North District criteria) colored aggregate Zoning Commission Category Already Doing Government Operations Incentives Mandates Could Do Today Green Area Ratio requirement for small commercial properties and low-density residential areas (OP, ZC)** Floor Are Ratio Bonus for the Downtown Development Overlay District for green roofs. Zoning regulations allow for the use of permeable concrete and permeable asphalt (OP) Union Station North District Review Criteria: requiring permit applicants to demonstrate a high degree of environmental stewardship. (green roofs are listed) Tree and Slope Protection Overlay District (trees over 12 inches) Forest Hills Tree and Slope Protection Overlay District Amend the zoning code to incorporate DDOE’s general albedo standards for public paving operations, targeting hotspots. (DDOE, OP) Create an expedited permitting program for zoning code review. o Zoning Administrator could prioritize zoning code review for buildings with green roofs. Limit impervious surfaces in the hottest areas or where serious stormwater management problems exist through the zoning code (DDOE, OP) Expand GAR requirements to affect more than small commercial and low-density residential areas (OP) Expand GAR to include the use of light-colored pavements in its point system (DDOE, OP) Establish a Heat Island Overlay** o More stringent tree and landscaping requirements o Impervious surface limits* 10