Title
Amending the City's Sustainable Building Ordinance.
Body
SECTION 1:
WHEREAS, the City of Saint Paul has a longstanding record of leadership in environmental stewardship, and successive Mayors and City Councils have demonstrated a sustained commitment to advancing environmental sustainability through the adoption of budgets, plans, policies, and programs; and
WHEREAS, the scientific evidence establishing the human contribution to global climate change and environmental degradation is unequivocal, and the resulting impacts pose significant and increasingly devastating threats to plant and animal species, ecosystems, and human cultures throughout the world; and
WHEREAS, the updated Saint Paul Climate Action and Resilience Plan, adopted by the City Council in 2026, establishes the City’s goals of reducing greenhouse gas emissions by 63 percent by 2030, relative to a 2018 baseline, and achieving carbon neutrality by 2050; and
WHEREAS, buildings account for approximately 67 percent of Saint Paul’s greenhouse gas emissions, making regulating the building sector a critical component of the City’s efforts to achieve its climate and emissions reduction goals; and
WHEREAS, the adoption and implementation of policies and programs that promote energy efficiency and sustainable building practices are essential to reducing emissions from the building sector and advancing the City’s climate commitments; and
WHEREAS, the City of Saint Paul first adopted its Sustainable Building Policy in 2010 (Council File No. 10-497), establishing a model framework for sustainable building practices that subsequently informed the development of similar policies by other municipalities; and
WHEREAS, the original Sustainable Building Policy applied to all newly constructed City-owned buildings and privately developed new construction projects receiving more than $200,000 in City funding; and
WHEREAS, in 2017, the Saint Paul City Council adopted revisions to the Sustainable Building Policy, expanding its applicability to include major redevelopment projects; and
WHEREAS, the 2017 revisions were codified into the Saint Paul Legislative Code through Ordinance No. 17-60, thereby establishing the Sustainable Building Policy as a municipal ordinance; and
WHEREAS, since 2009, the Sustainable Building Ordinance has been applied to more than 120 projects, encompassing over 8.5 million square feet of development and representing an aggregate development cost of approximately $2 billion; and
WHEREAS, nearly nine years have elapsed since the adoption of Ordinance No. 17-60, warranting a comprehensive review and update to ensure that the ordinance reflects current sustainability standards, emerging technologies, evolving best practices, and the City’s updated climate commitments; and
WHEREAS, the City engaged the Center for Sustainable Building Research to facilitate stakeholder engagement and support the review and update of the Sustainable Building Ordinance; and
WHEREAS, as part of this effort, the Center for Sustainable Building Research conducted a comprehensive review of applicable green building standards and sustainable building policies adopted by other municipalities; and
WHEREAS, the ordinance update process incorporated stakeholder input through multiple engagement methods, including a comprehensive survey and five stakeholder listening sessions; and
WHEREAS, the majority of the recommended amendments to the Sustainable Building Ordinance reflect and respond to the feedback, priorities, and recommendations received through the stakeholder engagement process; and
WHEREAS, the proposed amendments are intended to strengthen the City's sustainable building requirements, advance its climate and resilience objectives, and ensure that the ordinance continues to serve as an effective framework for sustainable development in Saint Paul; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul does hereby ordain as follows:
SECTION 2:
Sec.81.02. Definitions, is amended as follows:
For the purposes of this chapter, the following words and phrases shall have the following meanings:
(a) City funding means funds provided for new construction or major renovations provided by agreement from the City of Saint Paul or the Saint Paul Housing and Redevelopment Authority (HRA), including:
(1) Community Development Block Grants (CDBG).
(2) Tax increment financing (TIF).
(3) HOME investment partnership program (HOME).
(4) Multi-family housing revenue bonds.
(5) Low-income housing tax credits (LIHTC).
(6) Any other federal, state, or metropolitan council (Met Council) funding source.
(7) Any other City of Saint Paul funding source.
(8) Any other HRA funding source.
(9) Notwithstanding the above, city funding does not include the following:
a. Department of Employment and Economic Development (DEED) Cleanup and Investigation Grants.
b. Met Council Tax Base Revitalization Account (TBRA) Contamination Cleanup Grants.
c. Met Council TBRA Site Investigation Grants.
d. Conduit bonds issued for the benefit of qualified 501(c)(3) entities.
(b) Developer means the entity, whether public or private, that undertakes new construction or major renovation, and to whom the provisions of this chapter apply.
(c) Director means the Director of the Department of Planning and Economic Development or their designee.
(d) Major renovation means renovation work performed on a building or portion thereof consisting of at least ten thousand (10,000) twenty thousand (20,000) square feet, and requiring installation of new mechanical, ventilation, or cooling systems, or the replacement of such systems.
(e) New construction means the planning, design, construction and commissioning of a new building of at least one thousand five hundred (1,500) square feet and that includes mechanical, cooling, or ventilation systems, or an addition to an existing building if such addition is at least one thousand five hundred (1,500) square feet and requires installation of new mechanical, ventilation, or cooling systems.
(f) Saint Paul Overlay means specific measurable standards that new construction and major renovations must meet., and which are to be promulgated by the director. The Saint Paul Overlay must include requirements for the following:
(1) Predicted and actual energy use;
(2) Predicted greenhouse gas emissions;
(3) Predicted and actual use of potable water;
(4) Predicted use of water for landscaping;
(5) Utilization of renewable energy;
(6) Electric vehicle charging capability;
(7) Diversion of construction and demolition waste from landfills and incinerators;
(8) Indoor environmental quality;
(9) Stormwater management;
(10) Resilient design;
(10) Ongoing monitoring of actual energy and water use.
(g) Sustainable building standard means any of the following:
(1) For commercial projects:
i. LEED for new construction and major renovation; certified silver, gold or platinum;
ii. State of Minnesota B3 Guidelines; certified compliant;
iii. Saint Paul Port Authority Green Design Review (if applicable).
(2) For residential projects:
i. LEED for new construction and major renovation; certified silver, gold or platinum;
ii. State of Minnesota B3 Guidelines; certified compliant;
iii. GreenStar; certified silver, gold or platinum;
iv. Green communities; certified.
(3) For parking structures:
i. Parksmart; certified silver or gold.
In the event that any of the above standards is determined by the director to be obsolete, equivalent substitute standards may be utilized at the discretion of the director until such time as this chapter may be updated to include new standards.
i. LEED for New Construction and Major Renovation; Certified Silver, Gold or Platinum
ii. State of Minnesota B3 Guidelines; Certified Compliant
iii. GreenStar; Certified Silver, Gold, or Platinum
iv. Enterprise Green Communities; Certified (certification not required for Minnesota Housing funded projects complying with associated requirements)
v. National Green Building Standard; Certified Silver, Gold, or Emerald
vi. US Department of Energy’s Efficient New Homes, Certified (single-family, duplexes, and townhomes only)
vii. Green Globes; Certified 3 or 4 Green Globes
viii. Living Building Challenge; Certified
ix. PHIUS Core Performance or Prescriptive, Certified
x. Parksmart; Certified Silver or Gold (for parking structures)
(Ord 17-60, § 1, 1-24-18)
SECTION 3
Sec. 81.03. Applicability, is amended as follows:
This chapter applies to:
(a) New construction or the major renovation of facilities owned or operated by the City of Saint Paul or the HRA.
New Construction or the Major Renovation of facilities owned or operated by the City of Saint Paul or the HRA are required to comply with all Saint Paul Overlay requirements, achieve certification at the specified level under one of the Sustainable Building Standards identified in section 08.02(g), and be all-electric.
(b) New construction or the major renovation of any facilities of which the city or HRA are, or will become, the sole tenant.
New Construction or the Major Renovation of any facilities of which the City or HRA are, or will become, the sole tenant are required to comply with all Saint Paul Overlay requirements, achieve certification at the specified level under one of the Sustainable Building Standards identified in section 08.02, and be all-electric
(c) New construction or major renovation of any facilities within the City of Saint Paul receiving more than two hundred thousand dollars ($200,000) of city funding.
New mechanical, ventilation, or cooling equipment installed in facilities owned or operated by the City of Saint Paul or the HRA, or facilities of which the City or HRA are or will become the sole tenant, is required to be all-electric.
(d) Major Renovation of any property within the City of Saint Paul Downtown Zone receiving more than $500,000 in City Funding are required to comply with all in-scope Saint Paul Overlay requirements.
(e) New Construction or Major Renovation projects receiving between $200,000 and $500,000 in City Funding are required to comply with Saint Paul Overlay requirements 1 (Energy Efficiency) and 2 (Water Efficiency).
(f) New Construction or Major Renovation projects receiving more than $500,000 in City Funding are required to comply with all Saint Paul Overlay requirements and achieve certification at the specified level under one of the Sustainable Building Standards identified in section 08.02.
SECTION 4
Sec. 81.04 Saint Paul Overlay Requirements, is amended as follows:
New Construction or major renovations to which this chapter applies pursuant to section 81.03 are required to be certified under an eligible sustainable building standard at the listed rating level, and must meet the standards set forth in the Saint Paul Overlay.
(a) For any projects to which this chapter applies under section 81.03(c), compliance with this chapter must be a condition of receipt of city funding.
(b) Meet SB 2030 Energy Standard
Project teams must demonstrate that projects meet the State of Minnesota’s SB 2030 Standard during design and for at least the initial 10 years of building occupancy. The SB 2030 Standard sets an absolute energy target in Energy Use Intensity (EUI) in annual kBtu/sf based on the building’s program and schedule. Multiple compliance pathways are available to project teams, including:
1. SB2030
SB 2030 requires a combination of energy-efficiency measures and renewable energy production or procurement, including Renewable Energy Certificates (RECs) to achieve the calculated energy target. Several pathways for compliance are available, described below:
a. DOE Efficient New Homes
b. PHIUS Core Performance: PHIUS Core Performance is applicable to all project types and uses a custom target and strategies for each project.
c. PHIUS Core Prescriptive: PHIUS Core Prescriptive is applicable to projects following Minnesota’s Residential Building Code only and provides specific measures to be applied to projects.
d. Passive House Institute (PHI): The PHI standard is applicable to residential and commercial project types, including renovations.
e. SB2030 ReInvest: SB 2030 ReInvest focuses on energy efficiency by removing the requirement to purchase Renewable Energy Certificates (RECs) to meet the design target and diverting the associated cost of RECs to specific efficiency and resilience measures.
(c). Indoor and Outdoor Water Efficiency
1. Indoor water use: Reduce predicted and actual municipal potable water or harvested groundwater use in the building by 30% compared to code (Energy Policy Act of 1992) for any fixture types and water-consuming appliances referenced by that standard. The criteria may be met by any combination of: selection of low or no flow fixtures, use of alternatively sourced water, or other strategies.
2. Outdoor water use: Design and maintain landscape so that after a 2-year establishment period, the landscape uses 50% less municipal potable water or harvested groundwater for irrigation than a base case landscape design. The criteria may be met by any combination of selection of native or low water use plants, use of alternatively sourced irrigation water as described, use of high-efficiency irrigation systems, or other strategies.
Exceptions:
a. Annuals - plants that complete their entire life cycle-from germination to flowering, seed production, and death-within a single growing season (typically one year or less)
b. Site-harvested rainwater, stormwater, gray water, or wastewater treated on-site to tertiary standards does not count toward the consumption limits
(d) Construction and Demolition Waste Diversion
Divert at least 75% (by weight) of construction, demolition, and land-clearing debris from landfill and incinerator disposal.
If there is an existing structure on a project site, create a material conservation plan to reuse or salvage, on or off-site, building materials and products from the existing structure.
(e) Indoor Environmental Quality
If any portion of the building is occupied during construction, the project must document a Construction IAQ Management Plan, including following the SMACNA IAQ Guidelines for Occupied Buildings Under Construction, 2nd edition.
All newly installed interior materials must comply with the California Department of Health (CDPH) Standard Method v1.1-2010 and be certified as low-VOC. Interior materials are considered to be those within the least vapor-permeable most continuously-sealed layer
(f) Stormwater Management
Sites with 1/4 acre or more of total land disturbance must meet the following three criteria:
a. Water Quality Management: For a two-year, 24-hour rainfall event, provide treatment systems designed to remove 80% of the average annual post-development Total Suspended Solids (TSS) and remove 60% of the average annual post-development Total Phosphorus (TP), by implementing Best Management Practices outlined in “Urban Small Sites Best Management Practices” handbook (Metropolitan Council), “Protecting Water Quality in Urban Areas” (Minnesota Pollution Control Agency), or the “Minnesota Storm Water Manual” (Minnesota Pollution Control Agency). All BMP treatments systems for the subject site shall include safety factors, maintenance, and a backup plan in case of failure. All manufactured devices require independent laboratory testing to confirm product claims.
b. Volume Control/Infiltration: Maintain or increase infiltration rates from pre-project site conditions.
c. Operation and Maintenance: All practices must have an Operation and Maintenance plan
SECTION 5
Sec. 81.05 Waiver, is amended as follows:
The requirements of this chapter may be waived, in whole or in part, by the Saint Paul city council, or, in the event that the expenditure of city funds is approved by the HRA, the HRA board of commissioners.
All waiver requests must be submitted to and reviewed by the Saint Paul Planning and Economic Development Department’s Clean Energy Manager.
SECTION 6
This ordinance shall take effect and be in force on March 1, 2027, and apply to all projects for which schematic design is initiated on or after March 1, 2027.