Framingham City Council Considers Specialized Sustainability Code for New Buildings

FRAMINGHAM - The Framingham City Council considered the adaptation of the Massachusetts Municipal Opt-In Specialized Building Code during a public hearing that started during their meeting on Monday, October 20.

Essentially, the specialized code is an optional mandate that would feature pathways for Framingham to implement eco-friendly utilities—such as pre-wiring for future electrification and solar installations—for new buildings in the future. The specialized code would provide some additional guidelines on top of what codes Framingham has already adopted. The specialized code, which has been adopted by 55 cities and towns across Massachusetts, is associated solely with new construction; renovations to already-existing buildings would not apply. The code also does not require the electrification of new projects, as it offers multiple ways to gain compliance—including infrastructure that utilizes mixed fuels.

Framingham has already been in line with the state’s Stretch Energy Code, which has a handful of sustainability codes and requirements for new construction alongside renovations and additions. Hundreds of Massachusetts communities have adopted that stretch code. The specialized code that was discussed on Monday at the Memorial Building would be implemented in Framingham on top of the stretch code if it is eventually adopted.

Co-founder and Director of the nonprofit group ZeroCarbonMA Lisa Cunningham and Executive Director of the nonprofit organization Passive House Massachusetts Alexander Gard-Murray provided a presentation to local legislators on Monday to discuss the specialized opt-in code.

Proponents of the Municipal Opt-In Specialized Building Code say it can help Framingham in its efforts of reducing carbon emissions and providing a cleaner atmosphere, as part of the state’s broader goal of reaching net zero carbon emissions by 2050. Those in favor also point to potential tax credits and other financial incentives such as state grants. Aimee Powelka with the local climate action group Energize Framingham told the City Council this week that over 350 Framingham residents have signed a petition asking local legislators to approve the specialized opt-in code.

Cunningham told the City Council that the opt-in is meant to be a “consumer protection” measure as well, as she believes it can reduce the cost and work required to complete building retrofits for eco-friendly infrastructure in the future.

“We know that the cost of gas is extremely volatile; it’s projected to double in the next decade…And we also know that the solar that’s added to your roof actually reduces your utility bills,” Cunningham continued.

Larger multi-family projects through the specialized opt-in code would have to qualify as a Passive House building, which is one that meets standards related to controlling the flow of air, heat, and moisture. Gard-Murray, who mentioned that a project does not necessarily have to be a house to obtain a Passive House certification, said these independently-defined projects can also reduce the demand on local grids while keeping costs low.

The pitch to adopt the Municipal Opt-In Specialized Building Code did not come without some hesitation on Monday, however.

The Framingham Economic Development Corporation (FEDC), a public body that was created to work alongside private and public stakeholders to boost economic growth within the city, released their position on the matter on October 14. It was read aloud to City Councilors on Monday by Executive Director for the corporation Rick McKenna.

In their memo, the FEDC requested that the City Council defer the adoption of the specialized opt-in code at this point in time. While they recognized the possible merits of this opt-in code, the group pointed to the potential fallout in regard to development costs and the feasibility of projects in the future. The FEDC recommended that local leaders revisit the topic after initiating a study period to investigate the results in other communities that have adopted the code along with the possible impact of these strategies within Framingham. The group wants to ensure that the city can still be enticing for commercial and industrial projects, which their memo called an “essential” part of the local tax base.

“This deliberative approach would allow Framingham to adopt the code with confidence,” McKenna read from the memo on Monday, “armed with real-world data and a clear understanding of local impacts.”

District 1 City Council member Christine Long told her colleagues that she is curious about any alternatives to the specialized code, adding that it could result in a loss of local control for the development of projects and that it could still come at a cost to tax payers. Vice Chair Tracey Bryant of District 9, though, said it is getting to be a time where local leaders have to decide to invest into the community’s future by adopting the code.

District 4 City Councilor Michael Cannon, like Long, said he would like to hear more from the FEDC along with other stakeholders such as local developers; he does not think that the City Council is prepared to make a call on a major topic like this just yet. Adam Steiner of District 4 explained that he sees this situation, along with any reservations some may have about adopting the specialized code, as a similar one to when the Stretch Energy Code was adopted within Framingham in 2014; he thinks that taking another step through the specialized code is the right thing to do.

Steiner also said that the cost of living within a house in Framingham since the stretch code was adopted has gone down due to energy efficiency. Cannon pushed back on that point, saying that the overall funds required to be a local homeowner has only gone up over the past decade-plus.

Most public speakers in attendance at the Memorial Building on Monday—including District 3 City Council candidate Ken Weiss and Framingham Sustainability Committee Chair Erin Ellsworth—were in favor of adopting the specialized code. Ellsworth specifically called upon local officials to continue to act as leaders in this eco-friendly endeavors moving forward.

“Every month we delay, we permit new buildings that lock in fossil fuel use for decades,” Ellsworth told local legislators during the public hearing.

“We cannot reach our net zero by 2050 commitment if our new construction keeps adding emissions.”

The City Council will be picking the topic back up during their meeting on Thursday, November 18. The adoption would require a simple majority following a pair of readings.