On May 28, the Zoning and Planning (ZAP) Committee discussed two proposed ordinances:
- Fossil Fuel-Free would require electrification in all new construction and substantial renovations. It was approved unanimously and sent to the full City Council.
- BERDO (Building Emissions Reduction and Disclosure Ordinance) would require owners of large properties to report energy consumption and demonstrate reductions in use to reach zero emissions by 2050. It was held for further discussion.
Fossil Fuel-Free
Adoption of the Fossil Fuel-Free ordinance would require all new buildings, all additions of over 1,000 square feet, and all renovations of more than 50% of a building to be fully electrified. Building owners would not be allowed to extend gas lines into these additions or renovations for heating and air conditioning, dryers, stoves, or hot water systems. The ordinance would not apply to research laboratories, hospitals and medical offices, emergency generators, and outdoor grills and heaters.
This draft ordinance had two public hearings in ZAP last year and was brought before the City Council for a hearing in February. The draft ordinance was sent back to ZAP to reconcile the draft with minor changes in guidance from the State Department of Energy Resources.
Ann Berwick, Newton’s Co-Director of Sustainability, answered questions from the Committee as follows:
- Will the ordinance encourage tear-downs? For new construction, building all-electric is at ‘cost parity’ with mixed fuels (gas and electric). Newton adopted the Stretch code in 2023, which requires energy efficiency improvements (insulation, new windows, electrification, etc.) in renovations and additions to meet a Home Energy Rating System (HERS) score. The State made the HERS score for an all-electric construction easier to attain than for mixed-fuels.
- How does a building qualify for a historic exemption? The owner would have to apply through the Historic process in the Planning Department. Only work that would cause damage to the building’s exterior would be exempted. Internal work would not be exempted.
- Would restaurants be required to go all-electric? Yes, but the ordinance exempts ‘something integral to the business but not to the building,’ such as a pizza oven. She said she will work with the Inspectional Services Department to clarify this exemption.
Councilor Gentile asked to submit an amendment to allow homeowners to keep gas stoves. The City’s Legal Department will check with the State to see if such an amendment is possible.
Several Councilors asked that the City create materials to make the building codes clearer for the public and contractors.
The Committee unanimously approved the Fossil Fuel-Free Ordinance, sending it to the full City Council for a vote.
BERDO
Bill Ferguson, Newton’s other Co-Director of Sustainability, described the proposed Building Emissions Reduction and Disclosure Ordinance. BERDO would require owners of commercial properties over 20,000 square feet to report energy use and emissions to the City annually and demonstrate reductions in use to reach zero emissions by 2050. The Mayor proposes to expand this to include residential buildings over 20,000 square feet in April 2025.
BERDO will be implemented in phases based on building size, starting with the 47 buildings in Newton over 100,000 square feet. Owners of these buildings would be required to report energy emissions by September 15, 2025.
Electrical use will not have to be reported because State laws require reduced carbon emissions in electricity.
BERDO would require owners of large buildings to reduce carbon dioxide emissions to net zero by 2050. The draft ordinance contains schedules for emission reductions based on building use, alternative compliance payments, and enforcement fines.
Boston, Cambridge, and Watertown have BERDO-like ordinances with enforcement measures. The State law requires reporting beginning in 2025, but not reduction.
Bill Ferguson answered questions from the Committee as follows:
- Do we have the staff to support BERDO? The City plans to cover staffing through the use of consultants and one full-time employee.
- Can we assess owners to cover the City’s cost to administer BERDO? No, it would be an illegal tax, replied the City Attorney. Fines, fees, and penalties could be used to cover the City’s costs, and they could be spent on education and nonprofits to support energy improvements.
- Why not include residential buildings in BERDO now, since they will have the same implementation schedule as commercial? [Answered below]
- Will BERDO drive up rents? [Councilor Wright described her experiences as a small landlord complying with Boston’s BERDO. She estimated that rents needed to be increased 35% to recoup the costs of the required building work, which was “not cheap.”‘” She asked how Newton’s BERDO will affect the rent of units that are “naturally affordable now”‘”? Bill Ferguson said the City is waiting a year on implementing the residential requirements to “‘”understand these issues better and how to deal with them.”
- If enforcement of BERDO starts in 2033, how will net zero be reached by 2050? [Unanswered]
The draft BERDO was held for further discussion. The Zoning and Planning Committee will take public comments at a June 10 meeting, following a BERDO presentation with case studies from Bill Ferguson, Energy Project Manager.
When asked about the currently proposed BERDO, Greg Reibman, President & CEO of the Charles River Regional Chamber, responded:
We share a common interest in moving away from harmful emissions, and I have a great deal of respect for the private citizens who’ve worked on this. But the Council needs to understand that this is super complicated, and implementation will be costly. For some property owners execution may be impossible.
It’s also not clear if the city has the staff, or resources, to provide the technical support to move forward. Boston has a full BERDO implementation team, and from all reports they’ve been backed up years after passage. Newton doesn’t even have one dedicated full-time BERDO employee.”
We urge the City Council and Mayor to proceed cautiously and fully understand the economic implications before approving an ordinance that both property owners and the City may not have the resources to implement.
Greg Reibman, President & CEO, Charles River Regional Chamber
Before the meeting, Councilor Lisle Baker, Chair of the Zoning and Planning Committee, sent out an email to the Committee expressing similar concerns and noting, “We’ve all seen how staff shortages hamper many municipal initiatives. This ask is arguably bigger and more complex. Having one half-time or even one FTE dedicated to overseeing Newton BERDO will not be sufficient. Boston BERDO has an entire team dedicated to assisting with this program. And even so, our members who also own properties in Boston tell us how hard it is to get BERDO-related calls returned and reporting questions answered, let alone technical support.”
UPDATE: There was a community presentation on BERDO on Thursday, May 30, 6:30-8:30PM, in the Parish Hall of the First Unitarian Universalist Society in Newton (1326 Washington Street, West Newton), sponsored by Green Newton, 350Newton, Mothers Out Front Newton, and the FUUSN Climate Action Task Force. The two sets of presentation slides for the event are here and here.
Lucia Dolan is on the Advisory Board of Green Newton.
Ed. Note: We have revised this article to:
1) Clarify the context of the question “Will BERDO drive up rents?” and Bill Ferguson’s reply
2) Provide links to slides presented at the May 3- community presentation.
