^ARTICLE 37 …

                                    ^ARTICLE 37

                               GREEN BUILDINGS
                     (^Article inserted on January 10, 2007)


         SECTION 37-1. Statement of Purpose. The purposes of this article are
to ensure that major building projects are planned, designed, constructed, and
managed to minimize adverse environmental impacts; to conserve natural
resources; to promote sustainable development; and to enhance the quality of
life in Boston.

       SECTION 37-2. Definitions. For the purposes of this article only, the
following words and phrases when capitalized shall have the meanings indicated.

   1. "Applicant", any person or entity having a legal or equitable interest in a
      Proposed Project subject to the requirements of this article, or the
      authorized agent of any such person or entity.

   2. "Boston Green Building Credits", Credits identified in this article that may
      be included in the calculation toward achieving a LEED Certifiable project
      under the provisions of this article.

   3. "Boston Interagency Green Building Committee", an interdisciplinary
      committee consisting of at least one (1), but not more than two (2)
      representatives of city agencies including but not limited to, the Boston
      Redevelopment Authority, the Boston Environment Department, the
      Boston Transportation Department, the Inspectional Services Department
      and the Mayor's Office. Such Committee will advise the Boston
      Redevelopment Authority on Proposed Project's compliance with the
      provisions of this article.

   4. "LEED Certifiable", a structure that is planned, designed and constructed
      to achieve the level "certified" using the LEED building rating system most
      appropriate for the Proposed Project.

   5. "Proposed Project", the erection, extension, rehabilitation, alteration, or
      substantial demolition of any structure or part thereof, or the change of
      use of any structure or land, for which the Applicant is required to obtain a
      building or use permit.
    SECTION 37-3. Applicability. Any Proposed Project which is subject to
or shall elect to comply with Section 80B of this Code, Large Project Review,
shall be subject to the requirements of this article. The following Proposed
Projects, however, shall be exempt from the provisions of this article:

   1. Any Proposed Project for which application to the Inspectional
      Services Department for a building or use permit has been made prior
      to the first notice of hearing before the Zoning Commission for
      adoption of this article and for which no Zoning Relief is required.

   2. Any Proposed Project for which appeal to the Board of Appeal for any
      Zoning Relief has been made prior to the first notice of hearing before
      the Commission for adoption of this article, provided that such Zoning
      Relief has been or is thereafter granted by the Board of Appeal
      pursuant to such appeal.

   3. Any Proposed Project or site for which application for approval of a
      development impact project plan or planned development area
      development plan, has been submitted to the Boston Redevelopment
      Authority prior to the first notice of hearing before the Commission for
      adoption of this article, provided that such development impact project
      plan or planned development area development plan, has been or is
      thereafter approved by the Boston Redevelopment Authority pursuant
      to such application, whether or not such application or such
      development impact project plan or planned development area
      development plan is thereafter modified or amended.

   SECTION 37-4. Green Building Requirements. Any Proposed Project
subject to the provisions of this article shall be LEED Certifiable under the
most appropriate LEED building rating system. Up to four (4) of the required
points may be obtained from the Boston Green Building Credits identified in
Appendix A.

    SECTION 37-5. Procedures. Any Applicant subject to the provisions of
this article shall provide to the Boston Redevelopment Authority a completed
LEED scorecard, including any Boston Green Credits that the Proposed
Project will achieve. The Applicant shall demonstrate that the Proposed
Project will meet the requirements of this article with appropriate supporting
documentation and by certification from a LEED Accredited Professional
and/or other expert recognized by the Boston Redevelopment Authority. The
submissions shall be in accordance with the provisions of Section 80B.

   Within five (5) days of its receipt of a completed LEED submission, the
Boston Redevelopment Authority shall transmit a copy of the submission to
Boston Interagency Green Building Committee.
   SECTION 37-6. Regulations. The Boston Redevelopment Authority may
promulgate regulations to administer this article.

   SECTION 37-7. Enforcement. The Commissioner of Inspectional
Services shall not issue any building permit or use permit for a Proposed
Project that is subject to the provisions of this article unless the Director of the
Boston Redevelopment Authority has issued a Certification of Compliance
pursuant to Section 80B-6.

   SECTION 37-8. Severability. The provisions of this article are
severable, and if any such provision or provisions shall be held invalid by any
decision of any court of competent jurisdiction, such decision shall not impair
or otherwise affect any other provision of this article.
                          APPENDIX A to ARTICLE 37

                         Boston Green Building Credits

Any Proposed Project subject to the provisions of this article may obtain a
maximum of four (4) of the required points from the Boston Green Building
Credits which will be included in the calculation toward achieving a LEED
Certifiable project under this article. One point may be awarded for each of the
following four categories: Modern Grid; Historic Preservation; Groundwater
Recharge; and Modern Mobility. In order to be eligible for the Boston Green
Building Credits, a plan must be submitted to the Boston Redevelopment
Authority to meet the following Boston Public Health Commission prerequisites:
        a. Retrofit of all diesel construction vehicles, from the United States
           Environmental Protection Agency approved retrofit technologies, as
           applicable, or contribution of a comparable amount to the Air Pollution
           Control Commission Abatement Fund;
        b. An outdoor construction management plan including provisions for
           wheel washing, site vacuuming, truck covers and anti-idling signage;
           and,
        c. Integrated pest management plan.

1.     Modern Grid

              One point will be awarded if a Proposed Project qualifies as a
              Distributed Generation/Combined Heat and Power (DG/CHP)
              project that provides useful "congestion relief" in locations where
              the Boston Redevelopment Authority and Boston Environment and
              Energy Services determine that electricity distribution load
              constraints exist. In order to earn this point the Proposed Project
              must include an on-site combined electrical power and heat
              generation system that provides for ten percent (10%) or more of
              the total building energy use. Eligible systems include combustion
              engine driven generators, fuel cells and micro turbines that utilize
              clean fuels including natural gas and biodiesel.

              This provides value in reducing both transmission and distribution-
              level costs.

2.     Historic Preservation

              This point will be awarded if a Proposed Project involves the
              historic renovation of an existing structure and recognizes the
              importance of preserving Boston's historic assets. In order to earn
              this point the Proposed Project must include the historic renovation
              of an existing structure which complies with the applicable historic
          preservation regulations and design guidelines including building
          and site materials and features. Structures must be located in a
          historic district or listed in the National Register of Historic Places,
          the State Register of Historic Places, or the Inventory of Historic
          and Archaeological Assets of the Commonwealth.

3.   Groundwater Recharge

     a.   In areas subject to Article 32, Groundwater Conservation Overlay
          District, one point will be awarded for Proposed Projects that
          provide fifty percent (50%) greater recharge than required under
          Article 32-6 (i.e., capturing within a suitably-designed system a
          volume of rainfall on the lot equivalent to no less than 1.5 inches
          across that portion of the surface area of the lot to be occupied by
          the Proposed Project); or

     b.   For Proposed Projects in areas not governed by Article 32 and
          located in areas of filled land, one point will be awarded for
          Proposed Projects that capture a volume of rainwater on the lot
          equivalent to no less than one inch across that portion of the
          surface area of the lot to be occupied by the Proposed Project, or
          provide measures that otherwise result in on-site infiltration of
          rainwater including landscape irrigation. Applicants must
          demonstrate how combined building systems will meet this
          standard including area absorption/retention calculations.

4.   Modern Mobility

          This point will be awarded for Proposed Projects that meet all of the
          Transportation Demand Management ("TDM") Prerequisites and
          implement the required actions from the menu of TDM Options as
          set forth below:

     a.   Prerequisites. The following prerequisites must be met for all
          Proposed Projects. The Applicant must specify commitment to
          these measures prior to the filing of the Project Notification Form:

              (1) Designate an On-Site Transportation Coordinator in the
                  management office;
              (2)Post information about public transportation and car-sharing
                  options;
              (3)Provide transit, bike and pedestrian access information on
                  building website;
              (4)Provide on-site, external bicycle racks for visitors and
                  covered secure bicycle storage for building occupants. The
                  capacity is to be sized as follows: fifteen percent (15%) or
            more for residential buildings and five percent (5%) or more
            for all other building uses;
        (5)Comply with Boston Transportation Department district
            parking ratios; and
        (6) join a Transportation Management Association (for
            commercial, hotel and mixed use projects).

b.   TDM Options

       (1) For residential projects (meet at least three):

                   (a) Provide a fifty percent (50%) subsidy for monthly T
                       pass purchases, one for each dwelling unit for the
                       tenants first full year of occupancy.
                   (b) Provide preferred parking spaces for a car-sharing
                       service capable of serving 1% of the building
                       occupants.
                   (c) Provide shuttle service to public transit stations
                       (applicable to projects located more than ¼ mile
                       from a public bus or rail station).
                   (d) Price and allow the purchase of deeded parking
                       spaces separately from dwelling units. Parking
                       spaces required by zoning may only be purchased
                       and used by building tenants/unit owners.
                   (e) On-site electric charging plug-in stations for plug-
                       ins capable of serving one percent (1%) of the
                       building occupants.
                   (f) On site ATM, dry cleaning drop-off/pick-up & other
                       amenities that reduce short car trips.


       (2) For educational or medical institutions (meet at least eight):

                  (a) Provide on-site sales of semester T passes for
              students.
                  (b) Pre-tax payroll deduction and distribution for T
                       passes for all on-site employees.
                  (c) Fifty percent (50%) transit pass subsidy for all on-
                      site employees.
                  (d) Provide garage occupancy information by
                      installing electronic monitors at entry/exits.
                  (e) Provide parking cash out program for employees
                      using public transit
                  (f) Provide covered secure bicycle storage with
                      convenient changing/shower facilities for five
                      percent (5%) or more of building occupants.
          (g) Provide shuttle service to public transit stations
              (applicable to projects located more than ¼ mile
              from a public bus or rail station).
          (h) Provide preferential parking spaces for carpools
              and vanpools capable of serving five percent (5%)
              of the building occupants.
          (i) Provide preferential parking for alternative fuel or
              high efficiency vehicles capable of serving one
              percent (1%) if the building occupants.
          (j) On-site electric charging plug-in stations for plug-
              ins capable of serving one percent (1%) of the
              building occupants.
          (k) Provide an on-site ATM and direct deposit of
              paychecks

(3) For office or retail projects (meet at least one high-value and
    four basic):

          (a) High-value (meet at least one):
                 1.    Provide shuttle service to public transit
                       stations (applicable to projects located
                       more than ¼ mile from a public bus or
                       rail station).
                 2.    Parking cash out program for
                       employees using public transit.
                 3.    Fifty percent (50%) transit pass subsidy
                       for all on-site employees.


          (b) Basic (meet at least four):
                 1.    Provide garage occupancy information
                       by installing electronic monitors at
                       entry/exits.
                 2.    Pre-tax payroll deduction and
                       distribution for T passes for all on-site
                       employees.
                 3.    Provide covered secure bicycle storage
                       with convenient changing/shower
                       facilities for five percent (5%) or more of
                       building occupants.
                 4.    Provide an on-site ATM and direct
                       deposit of paychecks.
                 5.    Provide preferential parking spaces for
                       carpools and vanpools capable of
                       serving five percent (5%) of the building
                       occupants.
                 6.     Provide preferential parking for
                        alternative fuel or high efficiency
                        vehicles capable of serving one percent
                        (1%) if the building occupants.
                 7.     On-site electric charging plug-in stations
                        for plug-ins capable of serving one
                        percent (1%) of the building occupants.


4. For hotels (meet at least three):

          (a) Fifty percent (50%) transit pass subsidy for all on-
              site employees.
          (b) Free weekend or multi-day pre-loaded T-passes
              for hotel guests.
          (c) Provision of transit and pedestrian information to
              guests before arrival.
          (d) Pre-tax payroll deduction and distribution for T
              passes for all on-site employees.
          (e) Provide garage occupancy information by
              installing electronic monitors at entry/exits.
          (f) Parking cash out program for employees using
              public transit.
          (g) Provide covered secure bicycle storage with
              convenient changing/shower facilities for five
              percent (5%) or more of building occupants.
          (h) On-site car rental service.
          (i) On-site electric charging plug-in stations for plug-
              ins capable of serving one percent (1%) of the
              building occupants.

(5) For mixed use projects (meet at least three from each of the
    appropriate use categories above)