District of Columbia Sustainability - Regulatory Update 2013 Final Stormwater Rule2013 Final Stormwater Rule Building Code ChangesBuilding Code Changes Zoning Changes – Green Area Ration and Minimum Pervious Surface RequirementsZoning Changes – Green Area Ration and Minimum Pervious Surface Requirements

2013 Final Stormwater Rule Restoring District Waterbodies for Residents, Businesses, & Visitors

Agriculture, Industrialization, Urbanization Degradation

4 Urbanization Stormwater

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.

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.

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 via DDOE direct investment Annual area retrofitted under SW regs (1% of DC land) 10. : 1

Green Roofs

Stormwater Tree and LID Boxes

Rainwater Harvesting for Non-potable Uses

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: 10,000 gallons Strict On-Site Trading 5, ,000 = 10,000 gallons

15  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. 5,000 gallons Strict On-Site Trading 5, ,000 = 10,000 gallons Trading’s Potential to Increase Retention

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.

 Free to go off site after achieving 50% of required retention on site. Off-Site Flexibility for Regulated Sites  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.

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 Example SRC Transaction  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.

*SRC value based on projected cost to recoup costs, not market analysis. Costs include capital, maintenance, land, and return on investment.20 Potential Financial Return Projected 10-Year Financial Return – Stormwater GI (1.2 in. retention) for 1,000SF Impervious Discount Rate Year Total DC Water Max. Discount4%$5$6$8$10$11$12$13$14$15 $107 DDOE Max. Discount55%$18 $26 $33 $273 Projected SRC Value*$1.25$888$917$949$981$1,014$1,048$1,083$1,120$1,158$1,197$10,354

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

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

23 Fully Effective – Except: 1) Certain projects (“Advanced Design”) with unexpired approval by Zoning Com. or NCPC - Subject to TP when application submitted. 2) 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. Transition Period 1 ends Transition Period 2B 545 Days Final Rule Published Transition Period days Fully effective for Major Land Disturbing Activities Transition Period 2A 365 Days Fully effective for Major Substantial Improvements Transition Period 2A ends Transition Period 2B ends January 15, 2014 January 15, 2015 July 14, 2015 Transition Plan

Greening the District’s Building Codes

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

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

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)

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

GREEN AREA RATIO REGULATION

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

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

Pervious surface requirements Landscaping for parking lots RELATED ZONING REQUIREMENTS

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

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 QUESTIONS? Jeff Seltzer 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