First U.S Real Estate Project Requires Emissions Target

The first legally enforceable limit on greenhouse gas emissions from a major real estate project in the U.S. has been put to the test at Harvard University. Harvard plans to develop a new campus in Boston’s Allston neighborhood – the approval process now requires that legally enforceable greenhouse gas emissions targets be set for major real estate developments.


The new requirement also establishes a Special Review Procedure that allow public input into the environmental review of the university’s proposed new campus over several years, with Harvard agreeing to provide resources to help a citizens advisory committee analyze technical documents.


“This is a development of great complexity that will take place over many years, and public input will be essential,” said Secretaryof Energy and Environmental Affairs, Ian Bowles. “The commitment made by Harvard to fund technical assistance to support the community review process will make that process even more fruitful.”


In accordance with the Massachusetts Environmental Policy Act (MEPA), Secretary Bowles signed Friday three documents in response to initial filings for Harvard University’s Allston Campus 20-Year Master Plan. A Draft Record of Decision gave Harvard initial approval for its Science Complex prior to completion of a Master Plan for the university’s Allston Campus.


This proposed waiver of a full environmental impact report for the four-building, 589,000-square-foot project is predicated on the project’s minimal environmental impact, ample available infrastructure, ability to be accounted for in future environmental reviews, and specified conditions. Specified conditions include a voluntary commitment to construct the Science Complex buildings so as to cut greenhouse gas emissions from energy use by 50 percent compared with national standards set by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE).


The requirement comes on the heels of Massachusetts’s first-in-the-nation Greenhouse Gas Emissions Policy, which applies to major real estate developments that are subject to the state’s environmental review requirements. This policy, which was announced in April, is analytic in nature and requires proponents of certain projects to quantify the greenhouse gas emissions associated with their projects and describe the measures they could take to “avoid, minimize, and mitigate” these emissions, similar to other development impacts that cause “damage to the environment” under the state MEPA law.


The state’s greenhouse gas policy is now posted in draft form, with the final version due in the next two weeks, but Harvard agreed voluntarily to have its provisions, including the requirement to quantify projected greenhouse gas emissions, apply to its campus-expansion project, even though the university’s filing was made prior to the final policy taking effect, and could have been grandfathered under MEPA rules. Harvard’s commitment to cap its emissions does not reflect a requirement of the state’s greenhouse gas policy; rather, it is a voluntary environmental mitigation measure that goes beyond the policy.


“Governor Deval Patrick and I applaud Harvard for its leadership in voluntarily capping greenhouse gas emissions from its Allston campus project,” said Secretary Bowles. “The challenge of curbing emissions is global and progress is too often very slow, but today, we take an important step forward. This is a first. Harvard’s Allston project will now be watched carefully around the country and I expect other institutions and states will step forward and take on similar commitments in the years to come.”


At the same time, Secretary Bowles signed two other MEPA Certificates pertaining to the long-term development of Harvard’s Allston campus. One Certificate establishes the terms, or “scope,” of future environmental reviews for the campus, leading up to a Master Plan for Harvard’s Allston properties, which will ultimately increase the size of the university’s Allston Campus from 140 acres to approximately 215 acres. This Certificate establishes a greenhouse gas emissions limit of 30 percent below ASHRAE standards for the entire Allston campus. The “scoping” Certificate also delineates “sustainable development principles,” stormwater and wastewater standards, and high-level transportation requirements as Harvard develops its Allston Campus Master Plan.


A second Certificate establishes a Special Review Procedure, in lieu of the standard two-step state Environmental Impact Report process, for the Allston Campus development. A Special Review Procedure is frequently employed by the Secretary to provide environmental review for complex development projects taking place over many years and under varying conditions. The Special Review Procedure will allow for planning and environmental review to take place over several years, allowing specific projects to go forward along the way but ultimately producing a Master Plan that will be in effect for many years to come.


The Special Review Procedure for the Harvard-Allston project requires Interim Updates every three years. It also requires every project-specific filing to go through an extensive public comment process.


For the purpose of that public comment process, the Special Review Procedure establishes a Citizens Advisory Committee, consisting of the City of Boston’s Allston-Brighton Task Force, which serves as an advisory group to the Boston Redevelopment Authority for its review of the university’s institutional master planning process, and several additional members to be named by the Secretary.


In addition, Harvard has agreed to provide financial resources to allow the CAC to retain professional expertise for the purpose of reviewing technical planning documents on issues pertaining to transportation, energy, and air quality produced through the Special Review Procedure, giving the CAC the ability to comment on proposed development that could affect the quality of life in the Allston neighborhood.


To view a copy of the draft decision:

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