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04/10/2018 - Energy and Environment Advisory CommissionAGENDA EAGAN ENERGY AND ENVIRONMENT ADVISORY COMMISSION EAGAN CITY HALL 3830 PILOT KNOB RD Tuesday, April 10, 2018 Commission workshop 6:30 PM Commission Meeting 7:00 PM L ROLL CALL AND AGENDA ADOPTION II. APPROVAL OF MINUTES A. February 13, 2018 meeting minutes B. March 13, 2018 workshop minutes III. VISITORS TO BE HEARD IV. PRESENTATION A. Residential Wood Smoke and Wood Boiler Model Ordinances — Lisa Herschberger, Environmental Research Scientist, Minnesota Pollution Control Agency B. Emerald Ash Borer Management — City Forester Gregg Hove V. OLD BUSINESS A. 2017-2018 Commission Goals Update i. Research core metrics to obtain Green Steps Level 5. ii. Research and recommend policies and ordinances regarding solar resource protection and development. iii. Provide community outreach and education regarding energy and environmental issues. VI. ADJOURNMENT EAGAN ESTABLISHES 1860 MINUTES OF THE REGULAR MEETING OF THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION Tuesday, February 13, 2018 MINUTES OF MEETING OF FEBRUARY 13, 2418 A regular meeting of the Eagan Energy and Environment Advisory Commission (EEAC) was held on Tuesday, February 13, 2018 at 7:00 p.m. in the Eagan City Hall. Those present were Member Oxley, Member Fleenor, Member Dugan, MemberTrzpuc, Member Supina and Member Pottorff. Member Mirick was absent. Staff members present were Director of Parks and Recreation Andrew Pimental and Assistant Director of Parks and Recreation Jared Flewellen. APPROVAL OF AGENDA Member Oxley asked if there were any changes to the agenda. Director Pimental stated there were no changes. Member Dugan moved, Member Fleenor seconded, with all present members voting in favor to adopt the agenda as presented. Aye: 6 Nay: 0 APPROVAL OF MEETING MINUTES Member Supina moved to approve the minutes from December 12, 2017 meeting, Member Trzpuc seconded, with all present members voting in favor to adopt the minutes presented. Aye: 6 Nay: 0 Member Supina moved to approve the minutes from January, 9 2018 meeting, Member Fleenor seconded, with all present members voting in favor to adopt the minutes presented. Aye: 6 Nay: 0 VISITORS TO BE HEARD Ian Ziese - 615 Wildflower Way, Todd Leuse — 3588 Portland Trail and Carl Forsberg— 653 Atlantic Hills Drive represented Citizen Hills Climate Lobby to review and recommend to the City Council to adopt a resolution supporting congressional action on climate. Resolution is attached. Carl Forsberg— 653 Atlantic Hills Drive and James Darabi, Solar Farm requested the addition of solar panels to government buildings as well as discussed the process and benefits of installation. NEW BUSINESS Energy and Environment Advisory Commission February 13, 2018 Page 2 Green Step 5 Sean Gosiewski, Executive Director Alliance for Sustainability discussed upcoming sustainability events organized through Alliance for Sustainability. Discussion carried forward to GreenSteps and how other cities are attaining Step 5 by achieving progress through three separate activities. Community Events and GreenSteps information is attached. (OLID BUSINESS Commission Goals 1) Member Supina updated commissioners on the memo was drafted and sent to staff to achieve Green Steps Level S. Director Pimental updated the status of the application which is due May 1, 2018. 2) Member Oxley updated the status of the solar policy which has been passed onto the city staff and council for future review. 3) Member Fleenor asked the commissioners if they were interested in participating in a booth at MarketFest during Family Night as well as Health and Wellness Night. Member Fleenor also proposed to take future action on a GreenSteps article for the City Newsletter, Staff Reports Member Oxley proposed an option for a workshop on Tuesday, March 13 at 6:00 p.m. and was agreed upon by staff and commissioners. Director Pimental stated that the 2040 Comprehensive Plan is currently posted online and available for public comment. d Director Pimental also promoted Community Connections on March 3, 2018 at the Eagan Community Center. Member Oxley proposed the idea of setting position term limits for the commission to promote a rotation. ADJOURNMENT After further brief discussion, Member Fleenor moved, Member Dugan seconded with all members present voting in favor to adjourn the meeting. The meeting was adjourned at 8:10 p.m. Secretary Not Approved Date Community Leaver's Letter to Congress Organization/Individual Endorsing Action on Climate Change WHEREAS... The costs of climate change—including destabilized weather patterns, rising sea levels, extreme weather events, and other serious impacts - now pose a substantial threat to the health, prosperity, and security of Americans. The costs are real, they are growing, and they are already burdening businesses, taxpayers, municipal budgets, and fam11les. Our economy, infrastructure, public safety, and health are directly at risk. Prudent action now will be far less costly than the consequences of delayed response and will create a more stable business environment for our nation. THEREFORE... I/we urge Congress to sponsor and/orsupport measures that will: Acknowledge the serious threat posed by climate change Reduce greenhouse gas emissions in a clear, transparent, and effective way Www.crtizen5Qmotelobbvorg/feadPrs l endorse(aritzgnsclimatelobbv.orp Citizens' Climate Lobby Signing as an... 0 Organization (e.g. business, congregation) ❑ individual (e.g. elected official, business owner) Organimdan Name (e.g. Citizens' Climate Lobby) Full Name (e. g. Mark Reynolds) Contact Name (e.g, Mark Reynolds) Title (e.g. Executive Director) Contact Title (e.g. Executive Director) Orgonization (e.g. Citizens' Climate Lobby) Address. City: State: ZIP, E-mail: Slgned* Hate: *1 affirm I have the authority to sign on beha f of this individual/organization Signature is: 0 Public ❑ Private - will not be shared with anyone outside of Citizens' Climate and Congress Www.crtizen5Qmotelobbvorg/feadPrs l endorse(aritzgnsclimatelobbv.orp Citizens' Climate Lobby 0 Alliance ror Sustainability ECOIOACOY sound. eC040mically viabie. socially just and humane Sean Gosiewski, Executive Director, Alliance for Sustainability, 612-250-0389 Searl(a�afors ora WWcAv.allianceforsusialrabilit .com ResiiierttCities _ Linking Citizens and Cities for Sustainable, Resilient Communities Presentation on Engaging Your Community Feb 13, 2018 for Eagan's Energy & Environment Advisory Commission Minnesota GreenStep Cities Steps 4 9 5 htt : IANXW-batterane M v,0Yr/s`eg4 Step 1: Commit to working on implementing sustainability best practices through a city council resolution. • Step 2: Implement 4, 6, or 8 best practices, depending on a city's GreenStep Category designation. • Step 3: Implement 8, 12, Or 16 best practices and complete a handful of specific high -impact actions, depending on a city's GreenStep Category designation. • Step 4: Measure and report a minimum number of core and optional metrics for the previous calendar year or the most recent available data (specific metrics are described below). • Step 5: Demonstrate improvement three eligible metrics measured in Step 4, from one data year to the next. MINI GreenStep r Iles Best Practice 2t.. Senchmar;cs and Community Er:gagernent: Adopt outcome measures for GreenStep and other city sustainability efforts, and engage community members in ongoing education, dialogue, and campaigns,v4viPv-n1ngre9UEiQ9L.M Best Practice Actions + Use a committee to lead, coordinate, and report to and engage community members an implementation of GreenStep best practices. Organize goals/outcome measures from all city pians and report to community members data that show progress toward meeting these goals. Measure and report progress on sustainability indicators. * Conduct or support a broad sustainability education and action campaign Involving: a. The entire community. b. Homeowners. c. Front yards/sidewalks, block clubs, neighborhood associations. d. Congregations. e. Schools, colleges. Conduct or support a community education, visioning and planning Initiative using a sustainability framework Engage community youth and college students by creating opportunities to participate in city government. a Upcoming Workshops — MN Resilient Cities Coalition Metro CiVes Sharing Draft Comprehensive plan En3rgy and Resilience Goals and Strategies FREE V'debinar and/or Workshop please RSVP at wwwallianceforsustainabilit .camisustainablecommunities Thursday April 5, 2018 gam to 11am at the League of MN Cities 145 University Ave W, St Paul, MN 55103 Metra Environmental Commission Conference Saturday ApriL7, 2018 8:30 am-12:30pm Hennepin Ave United Methodist Church 511 Groveland Ave, Minneapolis, MN 55403 (free parking, free event) Brought to you by the Environmental Commission Event Steering Committee made up of commissioners from these cities: Bloomington, Chanhassen, Eden Prairie, Edina, Ramsey, Roseville, and St. Louis Park Co-sponsors: Alliance for Sustainability, Clean Energy Resource Teams (CERTS), Conservation Minnesota, Minnesota pollution Control Agency (MPCA) ' We encourage each city to bring a team of commissioners (OK to carpool) to participate in all concurrent topic conversations to share best practices between commissions on • Energy/Carbon • SDlid Waste/Recycling/Organics j • Water quality and conversation ' • Ecological Land Stewardship Please encourage your commission members to RSVP, Eventbrite link THANKS Friends and Neighbors please join us for our -den Prairie Longregatlons Clean Energy Forum Sunday March 133' 3-30 to 4:00 P.M. Pax Christi Catholic Community 127.00 Pioneer Trail, Eden Prairie, MN 55347 inspiring our members and neighbors to take simple actions to save money and energy, expand solar and wind and help meet our city's energy goals. FREE E ENTI Learn more and RSVP fio ioin us at www allianceforsustainabiiity com/edenprarieforum Co -hosted by Eden PnQitie Congregat7ons Caring for Creation: Pox (�[(18�JCL SOPpS18it?±aili#Y Christi Catholic Community, St, Andrew Lutheran, Immanuel Lutheran, LtiF4VWS+y7JJ... TItRAfdOiv Ni$11 501ii}.b lldi 8365C1iM'. Wooddale Church —more congregations are welcome to co -host! Resource Tables — MN Center for Energy & Environment, kcel Energy, many more To help co -host and/or promote our forum contact Sean Gosiewski, 612 250-0389 sean@afors.org Thanksl Agenda 1:30 p.m. and 3 p.m. Resource Tables — Pax Christi and Eden Prairie Conservation Commission, Center for Energy and congregations, Eden Prairie Environment, Xcel Energy, Alliance for Sustainability. 2:00 p.m. Presentations Welcome and overview of Pax Christi's sustainability initiatives (and other congregations) by Ken Reineccius, Director of operations, Pax Christi. Nfr'� -; f� 7 . Meteorologist Paul Douglas — ca -author with Mitch Mescox of Caringfor Creation: The Evangelical's Guide to Climate Change and a Healthy Environment. Our moral mandate to pay attention to a rapidly changing economy. The importance of climate. Benefits of shifting to a clean energy dM congregations, businesses and cities taking action. City of Eden Prairie Mayor Nancy Tyra -Lukens and Eden Prairie Conservation Goals and Action Plan, - - Commission volunteers. Update on Eden Prairie's Energy steps needed to meet Eden Prairie's city-wide energy goals. Simple things i and businesses and residents can da to save money and energy, and expand solar )� and wind. EDEN f RAIR E 3:00 — 3:30 p.m. Resources to save money and energy at home Action Invitation FACE BOOK EVENT • Home Ener S uad home visit • Recycle ,,00r old ref, igerator Please share Thanks! • Sign up for Windsource - wind power from my household's Carbon Faotprint • Take more steps • involve others with my congregation, school, business, block, etc. Small group conversations on how to engage your friends in your congregation, school, business or neighborhood to take these steps. Resource Tables — MN Center for Energy & Environment, kcel Energy, many more To help co -host and/or promote our forum contact Sean Gosiewski, 612 250-0389 sean@afors.org Thanksl Minnesota GreenStep Cities Steps 4 & 5 http:ilte�w w beiierecergv o[g/step Step 1: Commit to working on implementing sustainability best practices through a city council resolution. Step 2: Implement 4, 6, or S best practices, depending on a cAy's GreenStep Category designation. Step 3: Implement 8, 12, Or 16 best practices and complete a handful of specific high -impact actions, depending on a city's GreenStep Category designation. Step 4: Measure and report a minimum number of core and optional metrics for the previous calendar year or the most recent available data (specific metrics are described below). Step 5: Demonstrate improvement three eligible metrics measured in Step 4, from one data year to the next. To record city metrics for Steps 4 or 5, you need to download the submittal form and complete it per instructions found in the metric guidance sheets (in the table belolv). 03ck lter-e to drFwmoad the form Died fiI it cut o:ffible. When you have completed the form, please email it to Abby Finis atalIPISiW,'.uoisd.I wt. Buildings & Lighting Traiapartation Lane] Ilse s..V1tl�c 1,1 k8to jeers -quare foot, per =veal M Peivent LF'D street lights 2. Gr ,:r3 2.1 Number of city-owiied green certified buildings 2,5 Number of private green certified buildings I �.2 Average miles per gallon j.MPG) for citj gasoline 3• ,.._ , , fleet 3.4 Arage milesper galicit;i4t" (1) f(►rdiesel fleet a..tntrastri,cturef :r 13i:ii�__ �»;;i 4.2 % of housing within I mile of a bicycle route 6.1 Namher of eleL'tric vehicle charging sratiayns 6- Tr;'sL S. ;�ia�:r'L"t:< 17 .lr�.fifi;' t'% ,,t►- (for A & B cities only) . ., I-*Ikaget:teslt 6.1 City Population: Vehicle miles traveled per person. per day 5.2 City Employees in Single Occupancy Vehicles: Vehicle miles traveled per person, per day AMM , . 7.6 New tdroidahle Ilt)tj:=u« unit, aN a percent c;f all nem Ih11ISill-1 urlith 8.6 Net number of new trees planted 9. i xsNes4n,ent number i per:ent} from ttie LN4inn-csota Bl=•,r Star C'it} program )L;&mdluie cue C"3111 wnwilty lki elspsnea* 10.1 Residential gallons used per person per day 10.2 Business gallons used per job per day 10. 101.3 Annual city operations' gallons: sunamer & non- swimmer 10.7 Percent of annual losses in drinking water system It. .psi '; .I r (ord%, cines vtiid) 11.5 Ratio of !nl;ov A intiltradon volume to total N-olume u�fle+.i+ttt, 5 crams} entering colleetion sLstcm 12. :2.3 One city -defined metric or index number concerning - surface water 33.► Residential solid wasie gear;atra per city resident ferda,% (Ibms 13.2 t •cFnun. r;:tal solid waste genrrafte;l per job per da`' L3.3 Percent of waste recycled 1.1.4 P-Crcent of waste composted 14.1 Number of city owned and private renewable energy generation. sites 14.2 Generation capacity at city and at private renewable 14. itvw-111senergy generation sites (M) 14.4 Annual renewable energy purchases, city (M, NVhr!'yr) ig.l Nu,-nber of k- al load ,eru et, 16. ln--n; L aa,i l metric No Step S eligible metrics element 17.1 Grcenbous: gas ! (IiIIG) culissiorrs lit �m tra-vel. Tomes CC5"e 17. t'ti ;f;;•,a. tc�ni; tLe ion:tl 17.2 CH IG emissiom from waste. Cosines CO2 17„1 CITK: emissions frorn (noii-tralisponation) encq*, Toniies CO2t 18. Additional Metrics 18.; Cities may report additional metrics of their choice. Brian Ross, Great Plains Institute, 612- 501-1531 brossggpisd.net www.bettereneray.org Abby Finis Great Plains Institute, 612 767-7295 afinis gpisd.net Maureen Colburn, Project Manager, LHB, Corp. 612.752.6954 or LoGoPEP Energy Planning Resources www.regionalindicatDrsmn.com/energy-planning Energy Planning Guide: a basic framework for addressing energy use, energy resources, and energy development in the comprehensive plan process www.regionalindicatorsmn.com/customer media/pdf documents/energyplannin uide april2017 pdf Energy Planning Workbook: a step-by-step guide for energy planning from defining existing conditions to setting achievable aspirational goals with proven strategies http://regionalindicatorsmn.com/customer media/pdf documents/energyplanningworkbook mav2017 pdf Solar Calculator: a tool to help you understand your available solar resources and set your own solar electricity goals www.regionalindicatorsmn.com/customer media/pdf documents/SolarEnergVcalculator May2o17 xlsx Sample RFP A brief guide on how to Incorporate energy and/or climate resilience in a city's request for proposal. http:Uwww.regionalindicatorsmn.com/customer media/EnergyRFP2 odf Example Local Government Energy Goals www.reeionalindicatorsmn.com/customer medialpdf documents/energygoalexampies september2017,pdf Wedge Tool www,regionalindicatorsmn.com/wedge/city/2/ Energy Planning Guide: Selecting Strategy Priorities — a framework for understanding and prioritizing local Tool Category I Tool Description Encouragement Public engagement and educational efforts to encourage private sector residents and businesses to take action consistent with the desired goals. Energy Strategy Examples • Cc -promotion of utility efficiency or renewable energy incentives • Creation and dissemination of energy efficiency educational materials • Engage community in energy goal setting exercise, such as Partners in Energy Incentives Financial or regulatory inducements • Enabling PACE financing to encourage private sector actions • Regulatory incentives within zoning consistent with the desired goals. • Expedited permitting • Technical assistance for private sector developments to incorporate net -zero or solar -ready designs Regulation zoning, ordinances, licensing, • Requiring energy efficiency or renewable energy permitting standards that are within PUD ordinances designed to require actions • Energy benchmarking ordinance consistent with the desired goals. • Removing zoning barriers to renewable energy • Adopting an energy stretch code (SB 2030) Public Public investment in and �+ Participation in GESP Demonstration, I demonstration projects using local • Installing solar on public buildings Leadership I energy resources • Adopting net -zero energy standards for public facilities • Sponsoring a community solar garden for community residents and businesses Page 10 Resilient Cities Conversation at the McKnight Foundation. 1/18/2018 Minnesota GreenStep Cities Program Y Best Practice Action 24.1: Use a consnuttee to lead, coordinate, and report to and engage community0J members on implementation a, f Greenkep best practices. BACKGROUND The GreenStep Cities program aims to provide Minnesota cities a clear pathway to greater sustainability and resiliency based upon implementing best practices specific to Minnesota cities of differing sizes and capabilities. GreenStep cities adopt a participation resolution that names a contact person to be the city's GreenStep coordinator. This person can be an existing city staff person, an elected official or an appointed community member. Cities are encouraged to empower an existing or new committee to work with and advise the city's GreenStep coordinator. Most cities find it easier to sustain. their GreenStep efforts -- to complete more GreenStep actions faster -- with the help and support of a committee. Sustainability work within our cities is a long-term process requiring coordination of existing efforts, policy change, behavioral change, and a lot of public education. A committee can help with these tasks and especially work to ensure public education and engagement. In smaller cities, committees that include the public can add the value -rich perspectives of community members to the information -rich perspectives of city staff. Community members also provide long-term consistency on sustainability efforts as elected leadership changes. And committees always provide much-needed expertise and an extra set of hands for projects. COMMITTEE STRUCTURE & MEMBERSHIP A GreenStep committee can be structured in many formal or less formal ways, include a variety of people, and be called by many names — a green team, a city commission, a civic sustainability coalition. Depending on a city's history, capacity and operating norms, the committee can include people from one or more groups in the community. The work of the committee can be folded into an existing group, or be given to a newly created group. An existing or new committee can be: ✓ a city staff team ✓ a civic group ✓ a formal city commission, committee, advisory group, task force, inter -governmental group A formal city group can include representatives from one or usually more of the following: ❑ elected officials ❑ city staff ❑ community members from: ■ civic groups ■ neighborhood associations ■ religious groups business organizations �^ educational insti (cations ■ youth/school groups COMMITTEE TASKS Depending on the size of the city and the committee size and type, committee members typically are tasked with a variety of jobs ranging from policy and advising, to community engagement, to hands-on project work. Tasks can include: • researching past city accomplishments and new ideas • evaluating existing policy • drafting vision and policy statements • coordinating and harmonizing city departmental 1 community efforts • defining, measuring and reporting on outcome measures • collecting feedback from the community • educating community members about the tits vision and desired outcomes • engaging residents, businesses and institutions to change their practices to help meet city goals TIPS FOR CREATING & tiiAINTAINING SUCCESSFUL COMMITTEES The following are a distillation of learnings from GreenStep cities, those who work with GreenStep cities, and Sustainable Jersey's Secrets to a ,S'uccessful Green Team. Please feel free to contribute your own tips to this list by submitting them to the GreenStep coordinator via https:l/areenstenpca.state.inn.usicontact.eft-a ➢ Create a mission statement. Or maybe you call it a committee charter. Everyone involved should have a clear sense of the purpose, roles and the responsibilities of the group. For example, is the group more of a policy group that makes recommendations to the city council, or is it more of a work group that works directly on community projects? A mission statement may be determined by the city council, or developed as a group exercise Nvith input from diverse interests. q Pick strong leaders. At least one. The committee should have a clearly defined leader, whose role and responsibilities have been determined and documented. Having leaders from both the municipality and the community is particularly effective. If the committee has working groups (subcommittees), appoint a chair for each one. ➢ Decide on a leadership succession plan. Leadership should be shared and future leaders developed so that (1) the leaders do not get stuck with most of the work and (2) the leaders can gracefully bow out after a term of service without compromising the ability- of the group to successfully continue. Clarify committee membership, tenure, and think diversity. Be clear on who formally, or informally, participates on the committee and how Iong they are signing up to serve. Consider 3 -year staggered terms to facilitate continuity and orderly transitions. For committees other than a staff green team, city council committee or community group, take an honest look at who is on your committee: does the group include staff from one or more city departments? Does one city council member serves as a member of a commission? Does the group reflect the overall demographics (race, income, age; homeowners / renters, etc.) of the city? The more diverse voices at the table, the more robust, authentic and effective your efforts will be. ➢ Schedule regular meetings. If at all possible choose a regular meeting time and stick with it. Creating a yearly meeting schedule and communicating it to members, city staff/city council and the public can make the difference between a successful effort that is recognized by the municipality and public, and one that gets "fit in" when convenient and mostly serves committee members. i Divide the work. Some committees, especially large ones and ones that meet infrequently, have sub- committees (S't'ork groups) to focus on specific topics in more depth and between full committee meetings, such as energy, or water, or local businesses. Such work groups typically invite diverse citizens, business leaders and others to participate along with formal committee members to broaden the discussion and strengthen connections to the public. It is also helpful, if your committee does not have the assigned services of a city staff person, to assign group members simple tasks such as creating agendas, arranging rooms, sending out emails, writing a summary of the important issues/decisions/recommendations from meetings, updating spreadsheets, uploading documents, writing communications, etc. This helps decrease leader burnout and enables other group members to take ownership of their roles on the committee. > Operate under city authority. Not a problem if a city council -chartered citizen's commission serves as your GreenStep coordinating body. (Note that Minnesota's open meeting law applies to city -appointed commissions.) But if a civic group is serving this role, work with the city council to be formally recognized as the GreenStep committee for the city. And then regularly report back to the council on your work in the city and with city staff. > Clarify decision-making and build strong city connections. A clearly written and transparent process can eliminate power struggles and hurt feelings. And be clear how written committee recommendations flow: for a city commission, do city staff receive them, and/or do they go directly to the city council? o Does the committee have access to and receive presentations and assistance from municipal staff or consultants in areas such as planning, engineering, legal matters, purchasing? Does your committee formally interact with other city commissions such as planning, economic development, parks and others so that `the one hand of city government knows what the other hand is doing?' o Maintain rapport with your city's leadership especially before and after City Council or Mayoral elections, when your City Council is setting annual goals and/or when your city gets a new City Manager. o Is sustainability and GreenSteps written into the job description of any city staff person working with your committee? D Create a yearly work plan. Ideally your committee will meet once a year in a city council work session, where you can share and discuss a draft work plan with city council members before finalizing work, goals for the year. Clarify how your work fits with other city work and city committees and commissions. Include measurable short-term and long-term sustainability goals in your plan. Consider an annual recognition of community sustainability champions. Revisit the plan a couple times a year to assure progress is being made and adequate resources are deployed to achieve success. ➢ Communicate, engage, network. While some committee members are content to evaluate policy, research possible initiatives and measure progress, there should be some members, or members working with city staff, who focus on engaging the public in person, on social media, and in writing: educating the public about sustainability issues and needs; informing the community at large of your green team efforts and engaging them to help out; gathering feedback from the public on community issues; connecting with other city efforts led by civic associations. And learning from the green teams of nearby or similar cities. Rather than creating new stand-alone events, focus on participating in already existing city events, and going to meet with community groups at their events/meetings. Note that this document is available at HnGreengtep. org on the lveb page for best practice action 24.1 We are seeking your feedback as we explore forming a MN Resilient ftub L tialit'on T 1 Elected Leaders, City staff and " commission volunteers i. from 40+ MN Cities collaborating ' to meet their community-wide energy, climate and resilience goals. Invitation to complete our 3 min Interest Survey at wwv-j.allianceforsL,stainabiiin,#.com/resillentcities To contribute your ideas and learn more about how to get involved please contact Sean Gosiewski, Executive Director, Alliance for Sustainability, 612-250-0389 Sean@afors.org Public Policy Project Peer-learning Cities working together to Convene peer-learning gatherings of ensure their interests are heard Collaboration city leaders on current and future on state policy opportunities and Cities collaborating to help high- energy/resilience topics — challenges, i.e. impact projects to go to scale - Cities sharing their draft - Increasing the MN metro wide — i.e. resilience/energy camp plan Renewable energy standard - EV Infrastructure planning strategies in March to 506 PV solar for municipal i - EV infrastructure — planning ways - Enabling stretch building buildings & businesses to invest VW settlement $ codes Business Benchmarking - Long term funding strategies for - Opposing local pre-emption city/county roads/ infrastructure - See approved LMC policies League of MN Cities - 2018 Legislative Policies The LMC 2018 City Policies publication was created with member input and approved by the LMC Board on Nov. 9, 2017. www.1m.c.org/page/l/leg�slative-Rolicies.isr) Sb-63. State Support for Municipal Energy Policy Goals LhAG U E . !iThe League of Minnesota Cities calls on our legislators and state executive / I N N E CO_ A agencies charged with accomplishing the state's energy policy goals to IT ES assist cities, townships and counties with tailored efforts to identify appropriate energy efficiency and renewable energy projects for undertaking at the local level. Relevant Dockets at the Public Utilities Commission (PUC): Integrated Resource Plans 17-286 Great River Energy's IRP Upcoming IRPs: Xcel Energy's next IRP due Feb1, 2019 2017 - 2019 Conservation Improvement Program (CIP) Triennial Plan 16-115 Xcel Energy CIP Triennial Plan Mlnnawfe PWluiiw � 1;, � �l d11���.7iY ,d�_. 4 •..-.J �> I � GwtNal A.PwY :grata :tally sound. ecot. r ically viable. sociaiiv just : -ere Affiance for Sustainablifity Ecologically sound. economicab viable, socially just and humane Sean Gosiewski, Executive Director, Alliance for Sustainability, 612-250-0389 Seanipafors.ors www.allianceforsustainability.com/Resilient0ties Linkina Cozens rind Cities for Sustainable, Resilient Communities MN Resilient Cities Conversation Partici Minneapolis Heidi Ritchie, Senior Policy Aide, Mayor's Office Kate Knuth Chief Resilience Officer Luke Hollenkamp, Sustainability Program Coordinator Bloomington Mary Hurliman Deputy Director of Public Works Dwayne Lowman, Council Member Tim Sandry & Joe Strommen, Sustainability Commission Edina Tara Brown, Sustainability Coordinator Mehiabeen Rahman, Green Corps, Member James Hovland, Mayor (invited) Eden Prairie Lori Tritz, Chair, Conservation Commission, Golden Valley Lynn Gitelis, Environment Commission Shep Harris, Mayor (Invited) Marc Nemnski, Physical Development Director Richfield Jim Topitzhofer, MN Greensteps Coordinator St. Louis Park Tim Brausen, City Council Member Shannon Pinc, Env & Sustainability Coordinator Ryan Griffin, Environment & Sustainability Commission Terry Gips, Environment & Sustainability Commission Resource staff • Sean Gosiewski, Alliance for Sustainability, Ex. Dir. • Ross Hammond, P.E,, Energy Advisor, Kurt Kimber & Danny Lindholm volunteers Alliance for Sustainability • Kari Cantarero, Alliance for Sustainability, Board 19 at the McKnight Foundation St. Paul Russ Stark, Council Member (new Chief Resilience Officer) Samantha Henningson, Legislative Aide Kurt Schultz, PED, Sustainable Buildings Falcon Heights Peter Lindstrom, Mayor Maplewood Shann Finwall, Environmental Planner Nora Slawik, Mayor Ted Redmond, Environment Commission Woodbury Eric Searles, City Planner, Karl Batalden Housing and Economic Development Coord. Jennifer McLoughlin, Sustainability Specialist Oakdale Jennifer Hassebroek, Environmental Planner Keith Miller, Environment Commission Apple Valley Barry Bernstein, Director, Parks and Recreation, Mary Hamann -Roland, Mayor (Invited) Eagan Jarred Jared Flewellen, Assist Parks & Recreation Director Greg Oxley and Mike Supina, E & E Advisory Commission Rosemount Rebecca Higgins, Environment & Sustainability Task Force Planner • Craig A. Johnson, League of Minnesota Cities (invited) • Phil Muessig, Co -Coordinator, MN GreenStep Cities, • Lola Schonrich & Abby Finnis, Great Plains Institute, • Brendan Slotterback, McKnight Foundation j • Becky Alexander, & Maureen Colburn, LHB Architects, ' . Ben Rabe Senior Policy Associate, Fresh Energy it • Rick Carter, LHB Architects, ! • Leah Hiniker & Carl Lars Engen, Hennepin County • Leigh Currie, Senior Staff Attorney, MCEA - 1 As high ambition cities in a high ambition state, together we can advance local & state clean energy solutions Lnh`. le saving our residents and businesses money, creating great jobs and setting examples for other cities. __- EAGAN ESTABLISHED 1860 WORSHOP MEETING MINUTES OF THE ADVISORY PARKS & RECREATION COMMISSION Tuesday, March 13, 2018 WORKSHOP MINUTES OF MARCH 13, 2018 A workshop meeting of the Energy and Environment Advisory Commission (EEAC) began at 6:00 p.m. on Tuesday, March 13, 2018 and concluded at 7:07 p.m. Commission Members present included Member Greg Oxley, Member Stacy Fleenor, Member Stefnee Trzpuc, Member Peter Dugan, Member Mike Supina and Member Jerry Pottorff. Member W. Dustin Mirick was absent. Staff members present were Director of Parks & Recreation Andrew Pimental and Assistant Director of Parks & Recreation Jared Flewellen. Topics covered included: City of Eagan Proclamation Policy, 2018-2019 Commission work plan and goal development and 2017- 2018 Commission Goals Update. Staff also provided updates on EV local government cohort participation and a recap of Invasive Species management training. Secretary Date Memo AGENDA ITEM: IV. A. Residential Wood Smoke and Wood Boiler Model Ordinances TO: Energy and Environment Advisory Commission PREPARED BY: Andrew Pimental, Director of Parks & Recreation BACKGROUND/HISTORY: - Lisa Herschberger from Minnesota Pollution Control Agency will describe residential wood smoke and MPCA's outdoor wood boiler model ordinances that cities can customize to their needs. The ordinances in cities near Eagan will be summarized as will EPA's recent outdoor wood boiler certification requirements. ACTIONS TO BE CONSIDERED: - No action required ATTACHMENTS: - An ordinance to prohibit nuisances from solid fuel fired heating device operation. - Introduction to model ordinances to control wood smoke from solid fuel fired heating devices. - An ordinance for zoning for solid fuel -fired heating devices. - Wood smoke and model ordinances for outdoor wood boilers t..• moi/EAGAN Memo AGENDA ITEM: IV. A. Residential Wood Smoke and Wood Boiler Model Ordinances TO: Energy and Environment Advisory Commission PREPARED BY: Andrew Pimental, Director of Parks & Recreation BACKGROUND/HISTORY: - Lisa Herschberger from Minnesota Pollution Control Agency will describe residential wood smoke and MPCA's outdoor wood boiler model ordinances that cities can customize to their needs. The ordinances in cities near Eagan will be summarized as will EPA's recent outdoor wood boiler certification requirements. ACTIONS TO BE CONSIDERED: - No action required ATTACHMENTS: - An ordinance to prohibit nuisances from solid fuel fired heating device operation. - Introduction to model ordinances to control wood smoke from solid fuel fired heating devices. - An ordinance for zoning for solid fuel -fired heating devices. - Wood smoke and model ordinances for outdoor wood boilers MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 NUISANCES: NEW & EXISTING SFHDs AN ORDINANCE TO PROHIBIT NUISANCES FROM SOLID FUEL -FIRED HEATING DEVICE OPERATION I. ADMINISTRATIVE PROVISIONS A. PURPOSE. Model Community adopts the regulations in this ordinance controlling the use, installation and operation of outdoor wood or other solid fuel -fired heating devices (SFHDs) to achieve the following purposes: 1. Health. To protect the health of citizens from fine particles in emissions generated by SFHDs. The Clean Air Act (CAA) required the U.S. Environmental Protection Agency (EPA) to establish standards for particulate matter. EPA's daily and annual fine particle National Ambient Air Quality Standards (NAAQS) were developed to protect the public from adverse health effects associated with exposure to fine particle pollution exposure. Sensitive populations protected by the CAA include persons who already have heart or lung diseases, children, and older adults. They experience serious health effects such as heart attacks, strokes, acute and chronic bronchitis, asthma episodes, reduced lung function, and other respiratory illnesses as a result of inhaling fine particle smoke which imbeds in their respiratory and circulatory systems. In addition to health effects, scientific studies show inhalation results in increased hospital and emergency room visits, lost work and school days, and in rare cases, premature death. 2. Fire safety. To protect citizens and structures from fire safety risks from SFHDs that are not properly installed, do not have proper safety equipment such as spark arresters, or are installed in close proximity to other buildings. 3. Welfare. To ensure the welfare of citizens and value of neighboring property are protected from negative effects of SFHDs. 4. Education. To educate citizens about the proper use, installation, and operation of SFHDs, and assist property owners and managers in maintaining compliance with these regulations. B. STATUTORY AUTHORITY. Model Community has the legal authority to adopt regulations protecting the health, safety and welfare of citizens and preventing public nuisances. This legal authority exists in common law and in statute for statutory cities, Minn. Stat. § 412.221, subd. 23 (public nuisances), and subd. 32 (general welfare). C. DEFINITIONS. For this ordinance, words not defined have the main meaning found at www.m-w.com. These words and phrases are defined as listed here: I. Clean wood. Wood that has no paint, stains, varnish, or other types of coatings; that has not been pressure treated with preservatives, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol; that does not contain laminate, glue, or bonding agents; or is not co -burned with any prohibited fuels listed in Section I.C.16. 2. Code official. The officer or other designated authority charged with the administration aq1-62b and enforcement of this ordinance or a duly authorized representative. MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 NUISANCES: NEW & EXISTING SFHDs 3. Dual -fuel. An SFHD which is designed to burn another fuel in addition to wood. 4. EPA. The U.S. Environmental Protection Agency. S. Existing SFHD. An SFHD that is installed and has been operating at its current location within Model Community within the year prior to the effective date of this ordinance. 6. Heating degree day season. The time period during which the outdoor ambient temperature on an average daily basis falls below 65 degrees Fahrenheit. 7. Manufactured. Built and operational, and subsequently ready for shipment whether packaged or not. S. Manufacturer. Any person who constructs or imports into the United States an SFHD. 9. New SFHD. An SFHD installed after the effective date of this ordinance. 10. NSPS. EPA's Standards of Performance for New Residential Hydronic Heaters and Forced -Air Furnaces, published in the Federal Register March 16, 2015 (http://www.gpo.gov/fdsys/search/citation.result FR action?federalRegister volume=20 15&federal Register. page= 13715&pub lication=FR) and codified at 40 CFR 60 Subpart QQQQ• 11. Nuisance. The creation of a public health, safety, fire, or private danger or interference by constructing or installing an unsafe structure whose operation is potentially injurious to human, plant, or animal life or to property, or that unreasonably interferes with the comfortable enjoyment of life and use of private or public property. 12. Particulate matter or "PM". Total particulate matter including coarse PM10 or larger and fine PM2.5, as defined in https://www.revisor.mn.gov/rules/?id=7005.0100. 13. Pellets. Refined and densified wood shaped into small pellets or briquettes that are uniform in size, shape, moisture, density, and energy content. 14. Permit. An official document or certificate issued by Model Community which authorizes performance of a specified activity under specified conditions. 15. Person. An individual, partnership, corporation, company, or other association. 16. Prohibited fuels. Animal carcasses; asphalt products; coal; chemicals; composition board; construction and demolition debris; food wastes; furniture; garbage; glossy or colored papers; hazardous solid waste; industrial solid waste; lawn clippings, yard waste, or other vegetative matter; manure; materials containing plastic; materials containing synthetic or natural rubber; newsprint; packaging; paints and paint thinners; particleboard; plywood; sheetrock; tires; waste petroleum products; wiring; wood products that are painted, varnished, or treated with preservatives, and any wood that does not fit the definition of clean wood. 17. Prohibited nuisance operation. The act of operating an SFHD in a manner so as to: a. Create a public health, safety, fire, or private nuisance by causing or allowing emissions of air contaminants to the indoor or outdoor atmosphere of such quantity, characteristic or duration that are injurious to human, plant or animal life or to property, or that unreasonably interfere with the comfortable enjoyment of life and use of private or public property. b. Obscure, obstruct, or render dangerous for passage any alley, street, highway, park or square, railroad right-of-way, railroad car, motor vehicle, water body, excavation, construction site, lot, grounds, or other property within Model Community. 2 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 NUISANCES: NEW & EXISTING SFHDs c. Notwithstanding the existence of specific air quality standards or emission limits, create dense smoke, gas, mist, noxious fumes, odor, particulates, soot or cinders in unreasonable quantities, or toxic or deleterious emission, either alone or in combination with others. d. Burn solid fuels other than those for which the SFHD was designed by the manufacturer or burn prohibited fuels. e. Operate an outdoor SFHD manufactured after May 15, 2015 that is not certified by the EPA, as defined in Section I.C.10. above. 18. Seasoned wood. Wood with a moisture content of 20% or less. 19. SFHD. A Solid Fuel -Fired Heating Device. 20. Solid. A material that has a melting point, decomposes, or sublimes at a temperature greater than 68° Fahrenheit (20 ° Centigrade). 21. Solid Fuel -Fired Heating Device (SFHD). A solid fuel -burning device manufactured or used to burn wood and designed to create heat on a continual basis, by sending heat through water, antifreeze or steam into interconnected piping. An SFHD may also be called by other names, such as: outdoor wood furnace; outdoor wood boiler; outdoor wood burner; closed combustion solid -fuel -burning appliance; accessory boiler; alternative fuel -burning device; or outdoor wood -fired hydronic heater. 22. Spark arrester. Any device which prevents the emission of flammable debris from SFHDs, fireplaces, and wood burning stoves. 23. The U.S. Environmental Protection Agency. The U.S. government agency responsible for setting standards for administering federal environmental law, including setting standards, and enforcement. D. PERSONS AND EQUIPMENT COVERED BY THIS ORDINANCE. 1. Persons covered. All persons who install, operate, or own an SFHD must comply with the provisions in this ordinance. 2. Types of fuels SFHDs covered in this ordinance. The provisions of this ordinance apply to SFHDs that are manufactured or used to burn any of the following: a. Wood b. Wood pellets c. Wood and another fuel (a dual -fuel SFHD) 3. SFHD equipment covered. The provisions of this ordinance apply to all outdoor SFHDs, whether a primary, supplemental, residential, or commercial/industrial heat source, which include the following components: a. SFHDs and their piping, chimney stacks, flues, and/or fans b. any other equipment, device, appliance or apparatus, or parts thereof, which are intended to be used as part of an SFHD 4. Surrounding structure covered. Any accessory structure designed to surround the SFHD must meet the provisions of this ordinance. Accessory structures are also regulated by Model Community's zoning and subdivision ordinances. MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 NUISANCES: NEW & EXISTING SFHDs E. EQUIPMENT AND ACTIVITIES NOT COVERED BY THIS ORDINANCE. This ordinance does not apply to: 1. Outdoor grills. Outdoor devices, equipment, appliance and/or apparatus used to grill or cook food using charcoal, wood, propane, or natural gas. 2. Fireplaces. Natural gas-fired fireplaces or traditional wood -burning fireplaces in the interior of a residential dwelling. 3. Non-SFHD heaters. Indoor heating devices which are not SFHDs, such as wood stoves. 4. Liquid fuel devices. Industrial gas or liquid petroleum fuel devices used on site of temporary construction, demolition, or maintenance activities. 5. Recreational fires. Recreational fires within the limits set by the Minnesota State Fire Code (Minn. R. 7511.0307) and campfires as defined in Minn. Stat. Chapter 88.01 Subp. 25 (https://www.revisor.mn.gov/statutes/?id=88.01); 6. Fire training and open burning sites. Fire training or permanent tree and brush open burning sites permitted under Minn. Stat. Chapter 88.17 Subp. 3 (https://www.revisor.mn.gov/statutes/?id=88.17); 7. Forced air furnaces. Forced air furnaces designed to burn wood or wood pellet fuel that warm spaces other than the space where the furnace is located, by the distribution of air heated by the furnace through ducts; and 8. Masonry heaters. Masonry heaters, either site built or factory built wood -burning devices, in which the heat from intermittent fires burned rapidly in the firebox is stored in the refractory mass for slow release to building spaces. Masonry heaters typically have a firebox and heat exchange channels built from refractory components, through which flue gases are routed. F. EFFECT OF A COURT HOLDING. 1. Severability. If a court holds that any portion of this ordinance is unconstitutional, inoperative, or void, that holding will not affect the remaining portions of this ordinance. 2. Applicability. If a court holds that any portion of this ordinance does not apply to any person, group of persons, property or kind of property, or circumstances or set of circumstances, that holding will not affect the application of this ordinance to any other person, property or circumstance. 3. Intent remains. The intent of Model Community in adopting this ordinance will remain in effect for all portions and all circumstances of this ordinance not affected by a court holding. 4 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 NUISANCES: NEW & EXISTING SFHDs G. INCORPORATION OF DOCUMENTS BY REFERENCE. This ordinance references emissions standards, emissions levels, or requirements in other documents or other laws created and maintained by other entities. When referenced in this ordinance, the requirements in the referenced document or law will become a requirement of this ordinance as provided for under Minn. Stat. § 471.62. The referenced document or law may be revised in the future by the entity that created and maintains the document or law. Any such revisions will also become a requirement of this ordinance. II. PERFORMANCE INDICATORS FOR SFHDs The following are indicators of poor operational performance or poor physical condition of SFHDs, leading to prohibited nuisance operation defined in Section I.C.17.Operation of the SFHD must cease if a code official observes failure on any of these indicators, until the failure is corrected to the satisfaction of the code official. A. POOR OPERATIONAL PERFORMANCE INDICATORS. 1. Clean wood. The SFHD is burning wood which is not clean wood. 2. Seasoned wood. The SFHD is burning wood which is not seasoned wood and has a moisture content higher than 20%. 3. Outside the heating degree day season. The SFHD is burning wood outside the heating degree season. 4. Prohibited fuels. The SFHD is burning a prohibited fuel along with wood or instead of wood. S. Spark arrester. The SFHD is being operated without an attached spark arrester in good working order if an arrester is required by manufacturer's specifications. 6. Prohibited nuisance operation. The SFHD is being operated in a manner which results in it being a prohibited nuisance of the types listed in Section I.C.17. 7. Prohibited permit/certificate violation. The SFHD is being operated in a way which violates the terms of a building, mechanical, plumbing, or zoning permit or certificate issued by Model Community. B. POOR PHYSICAL CONDITION PERFORMANCE INDICATORS. 1. Damage to the SFHD chimney stack or structure. The SFHD has damage to its chimney stack or structure sufficient to justify a finding that its operation is impaired. 2. Chimney stack. The chimney is not constructed, established, installed, or maintained according to the specifications of the manufacturer of the SFHD or the requirements of Section II. and III. The SFHD has damage to its chimney stack or structure sufficient to justify a finding that its operation is impaired. 3. Closure devices. One or more of the lids, caps, hinges or other closure devices is not of sufficient strength and construction to remain closed between uses, leaks, or is installed in a manner that damages the container. MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 NUISANCES: NEW & EXISTING SFHDs C. INADEQUATE FUEL STORAGE AND ASHES. 1. Fuel cover. The wood or wood pellets fuel is not covered with a secure cover, such as a tarp, to prevent water from soaking the fuel. 2. Fuel storage structure. The fuel storage structure designed to contain or store fuel for SFHDs is not constructed as required by the zoning regulations for the district in which it is located. 3. Fuel distance. Fuel for the SFHD is being stored closer than 36 inches from the exterior of the SFHD or the areas surrounding the SFHD is not being kept clear of combustibles, wood chips, bark, and debris. 4. Ashes. Ashes are not placed in a metal container equipped with a lid or cover and covered immediately after removal from an SFHD. III. EPA REQUIREMENTS FOR NEW RESIDENTIAL SFHDs Installation and operation of a new SFHD in Model Community must meet the EPA NSPS referenced in Section I.C.10. Failure to do so will be considered a violation of this ordinance. IV. OTHER REGULATORY REQUIREMENTS FOR PERSONS OPERATING SFHDs Any landowner or operator of an SFHD in Model Community must operate it in a manner which complies with Sections I.C.17. and II., and with applicable laws, regulations, rules, ordinances, codes, and permit conditions of Model Community or other levels of government concerning building, construction, installation, or zoning of any SFHD, regardless of whether or not the SFHD is a residential one. V. ENFORCEMENT A. RIGHT OF ENFORCEMENT. Model Community's code official is authorized to enforce the provisions of this ordinance, render interpretations of this ordinance, and adopt policies, procedures, rules, and regulations in order to clarify the ordinance provisions. Such interpretations, policies, procedures, rules and regulations must comply with the intent and purpose of this Code and not have the effect of waiving requirements specifically provided for in this Code. A representative of a local or community board of health may also enforce this provision according to its general authority to inspect nuisance conditions granted under Minn. Stat. § 145A.04, subd. 7 and subd. 10. B. RIGHT OF ENTRY. The code official is authorized to enter the property on which the SFHD is located to inspect or perform the duties if the code official makes an inspection to enforce the provisions of this ordinance, or has reasonable cause to believe that an SFHD on a premise is violating this ordinance, imposed by this ordinance. The code official must present credentials and request entry to the property. If entry to the property is refused, the code official can use every legal remedy to secure entry. MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices NUISANCES: NEW & EXISTING SFHDs February 2017 C. RIGHT OF INSPECTION. The Model Community's code official designated to review applications and issue operating permits regulated by this ordinance, can inspect the SFHD for which the permits have been issued to enforce compliance with the provisions of this ordinance, not already regulated by the Minnesota building, mechanical, and fire codes. D. PROCEDURE FOR PERMIT REVOCATION. If the Model Community determines that an SFHD on a premise is violating the requirements of any individual or combined certificate or permit issued by Model Community, Model Community can revoke the permit after a hearing is held by the governing body, upon 30 days' written notice is given to the permit holder, landowner, or operator. VI. PENALTIES A person who violates this ordinance is guilty of a misdemeanor as defined in Minn. Stat. § 609.2, subd. 3. Each day of operation is considered a separate violation of this ordinance. A. ADMINISTRATIVE PENALTY OPTION. Model Community can issue an administrative penalty order to any person who violates a provision of this ordinance. Administrative penalty procedures are informal, cost effective, and expeditious alternatives to traditional criminal charges for violations. The procedures are voluntary for persons who have been charged with violations, and the person charged can withdraw at any time from participation. If the person charged does not pay the monetary penalty that Model Community imposes, Model Community can seek to collect costs of administrative penalty procedures as part of a subsequent criminal sentence, if the person is charged and is found guilty of the criminal violation. The amount payable must be determined according to the schedule adopted by resolution of Model Community governing body periodically, and paid directly to Model Community. B. CRIMINAL CHARGES. A landowner or operator who violates or has a permit revoked, or does not meet the requirements of Sections II. -IV, is guilty of a violation of this ordinance until the cause of the violation is corrected to the satisfaction of the code official. Each day of violation is considered a separate violation of this ordinance. The penalty for each violation shall be a misdemeanor as defined in Minn. Stat. § 609.02, subd. 3, and subject to the maximum penalty of 90 days in jail and/or a $1000 fine, plus the costs of prosecution. C. INJUNCTIVE AND OTHER FORMS OF RELIEF. If Sections VI.A. or VI.B. do not produce a halting of the nuisance violation, Model Community may seek injunctive or other forms of relief to obtain compliance with this ordinance. D. HEALTH BOARD CHARGES. The local or community board of health may also impose penalties for violation of this Section according to its general authority to enforce nuisance conditions granted under Minn. Stat. § 145A.04, subd. 8 and subd. 9. MPCA Model Ordinance for Minnesota Local Governments February 2017 Introduction to Model Ordinances for Solid Fuel -Fired Heating Devices INTRODUCTION TO MODEL ORDINANCES TO CONTROL WOOD SMOKE FROM SOLID FUEL -FIRED HEATING DEVICES A. NEED The Clean Air Act sets National Ambient Air Quality Standards (NAAQS) for a variety of "criteria" pollutants which have significant effects on human health. One criteria pollutant is particulate matter. It is produced by burning fuels, such as burning of fossil fuels in vehicles and by burning wood for heat or pleasure. Peer-reviewed scientific studies show smoke containing particulates is hazardous to human health. It can be a health hazard for children, seniors and persons with impaired circulatory or respiratory systems, and is linked to asthma attacks. Because some particulates are so small, they can work through the lungs and into the heart and brain, causing heart attacks and strokes. Information about health impacts of using outdoor wood boilers can be found at: http://www.dec.ny.gov/chemical/51986.html and at http://www.ehhi.org/woodsmoke/health effects.shtml "The Health Effects of Wood Smoke". B. SOLID FUEL -FIRED HEATING DEVICES The Minnesota Pollution Control Agency (MPCA) developed these model ordinances to address the problem of particulates generated by outdoor wood boilers (OWBs) which burn wood or other materials to heat homes, domestic water supplies, accessory buildings such as barns for animals, pole barns, garages, swimming pools, and commercial buildings. Outdoor wood boilers are called by a number of different names, including outdoor wood furnaces, water stoves, and more. The U.S. Environmental Protection Agency calls them hydronic heaters because they transfer the heat to the building using water or a similar liquid. They are a type of "appliance" in Minnesota Mechanical and Fire Codes. They are called solid fuel -fired heating devices (SFHDs) in many ordinances, so MPCA's model ordinances call them SFHDs. The use of SFHDs often results in smoke being emitted on a continual basis. They are significant fire risks when they are improperly installed, lack safety equipment, or are near other buildings. C. GOAL OF THE MODEL ORDINANCES MPCA collaborated with local government representatives to prepare two draft model ordinances to protect the public from the health and safety hazards posed by SFHDs and to protect neighboring properties from the adverse effects of wood smoke. One ordinance is for zoning, the other for nuisances. Please note these are voluntary ordinances; the MPCA is not proposing a statewide regulation. aql-62a MPCA Model Ordinance for Minnesota Local Governments February 2017 Introduction to Model Ordinances for Solid Fuel -Fired Heating Devices These model ordinances serve to educate citizens and communities affected by wood smoke, and to assist property owners and managers in maintaining compliance. Based on a review of over 60 ordinances from Minnesota cities and townships, these model ordinances provide options for small and large, rural and urban communities located in different parts of the State. D. HOW THE MODEL ORDINANCES WERE DEVELOPED The original impetus for developing a model ordinance came from two main sources. The first was the May 2013 report of the Clean Air Dialogues (CAD), comprised of air quality leaders from businesses, local governments and nonprofit organizations. CAD recommended that a model ordinance be developed to address pollution from hydronic heaters (http://environmental- initiative.ore/images/files/MnCAD/*MnCADFinalReport24Aprl3 pdf). Secondly, MPCA received complaints about wood smoke pollution resulting from hydronic heaters. The number of SFHDs exceeds 20,000 in the state. Because of the number of units and their location in communities throughout the state, the MPCA is choosing to partner with local governments to address the problem. The MPCA surveyed existing ordinances/codes to understand how air pollution issues and SFHDs are addressed by local governments. These model ordinances are the result. The MPCA welcomes comments on the models and looks forward to working with you to make them as useful as possible. The zoning model ordinance provides the MPCA's recommended setback and stack height and design requirements for SFHDs. The stack height requirements should reduce, but may not eliminate, the chance of nuisance conditions. Table 1 in the Supplementary Information is based on example conditions evaluated with standard air dispersion modeling methods. The modeling evaluation focused on PM2.s because relatively more emissions data is available for PM and because PM2.5 was considered the criteria air pollutant more likely than others to exceed the NAAQS standard. Other wood smoke pollutants and the associated odors were not evaluated. Therefore, the setback and stack height guidance will reduce the chance of air quality concerns on neighboring properties, but it does not eliminate the chance of nuisance conditions. This cannot guarantee that the amount of PM2,5 in the air would never exceed air quality standards. E. CUSTOMIZE THE MODEL ORDINANCES TO YOUR COMMUNITY'S NEEDS The MPCA recognizes that communities differ in authorities, staff size, topography, density, and location. The MPCA survey of local ordinances showed a broad range of approaches to SFHDs. Some communities ban them entirely, some confer nonconformity zoning code status on currently installed SFHDs, and some prohibit new installations. The approach in the model ordinances is to encourage a community to choose the methods that work best for that community. The options presented in these two model ordinances allow installation and operation of new SFHDs and allow existing SFHDs to continue operation, if requirements are met. The two ordinances, which deal with nuisance operation and zoning, are designed to work together and have common definitions and identical enforcement mechanisms and options. They will not work as effectively to control problems from SFHDs, and emissions may exceed federal air quality standards for fine particulates, if only one ordinance is approved. 2 MPCA Model Ordinance for Minnesota Local Governments February 2017 Introduction to Model Ordinances for Solid Fuel -Fired Heating Devices F. U.S. Environmental Protection Agency (EPA) certifications are required for new SFHD, as discussed in paragraph G. below. Other provisions offer model language for: stack height and setback requirements; performance and operating standards and safely storing fuel and ashes. Enforcement options are also included. Most communities surveyed provide for a misdemeanor as the penalty of last resort, but the model ordinances also offer noncriminal enforcement options. These ordinances also recognize the work of local and community health boards as an additional enforcement option. G. IMPACT OF EPA CERTIFICATION REQUIREMENTS EPA's 2015 wood heater New Source Performance Standards (NSPS) for newly manufactured, imported, sold and installed residential wood -burning heaters went into effect starting March 15, 2015. This rule does not affect wood heaters that were already in use in homes. It covers indoor and outdoor wood -burning central heaters such as hydronic heaters and forced -air furnaces and other wood -heating appliances. The rule established specific compliance dates and emission limits for each type of appliance. SFHDs are a type of hydronic heater. New SFHDs could not be manufactured as of May 15, 2015, or sold after December 31, 2015, unless they were EPA -certified to meet the Step 1(2015) emission limits. They cannot be manufactured, sold or installed starting May 15, 2020 unless they are EPA -certified to the Step 2 (2020) emission limits. New SFHDs must have a permanent label attached, which certifies the unit complies with the applicable NSPS emission limits. The permanent label must also state whether the model was certified to the 2015 or the more stringent 2020 emission limits. Models that meet the 2020 emission standards ahead of time can be advertised with an EPA-hangtag to highlight the fact they were EPA -certified to the 2020 standards ahead of schedule. These model ordinances incorporate by reference the federal rules. This means that if a community adopts the model ordinances now, future changes at the federal level are automatically incorporated in the local code. MPCA's website provides information about the EPA NSPS requirements for wood heaters. MPCA's Wood Smoke Coordinator can be contacted for information about the NSPS and assistance with the model ordinances. H. MODEL ORDINANCE DISCLAIMER (EXAMPLE) The intent of these model ordinances was to produce samples that give local governments a great deal of operational flexibility to prevent nuisance conditions and protect public health. The model ordinances are provided as examples for review and reference purposes. None of these documents or the information contained within them constitutes a legal document or legal advice. For the model ordinance to be valid and legally enforceable it must be modified, reviewed, and approved by the appropriate local government board or council after consultation with the local government attorney or other legal counsel. All applicable state and local laws must be considered when implementing any or all provisions of ordinance. 3 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED AN ORDINANCE FOR ZONING FOR SOLID FUEL -FIRED HEATING DEVICES (SFHDs) ADD I. IF YOUR COMMUNITY HAS, WILL ALLOW, PROHIBITS, OR WILL PROHIBIT SFHDs: I. ADMINISTRATIVE PROVISIONS A. PURPOSE. Model Community adopts the regulations in this ordinance controlling the use, installation and operation of outdoor wood or other solid fuel -fired heating devices (SFHDs) to achieve the following purposes: 1. Health. To protect citizens from environmental hazards and to safeguard community health. In particular, to protect the health of citizens from fine particles in emissions generated by SFHDs. The Clean Air Act (CAA) required the U.S. Environmental Protection Agency (EPA) to establish standards for particulate matter. EPA's daily and annual fine particle National Ambient Air Quality Standards (NAAQS) were developed to protect the public from adverse health effects associated with exposure to fine particle pollution exposure. Sensitive populations protected by the CAA include persons who already have heart or lung diseases, children, and older adults. They experience serious health effects such as heart attacks, strokes, acute and chronic bronchitis, asthma episodes, reduced lung function, and other respiratory illnesses as a result of inhaling fine particle smoke which imbeds in their respiratory and circulatory systems. In addition to health effects, scientific studies show inhalation results in increased hospital and emergency room visits, lost work and school days, and in rare cases, premature death. 2. Fire safety. To protect citizens and structures from fire safety risks from SFHDs that are not properly installed, do not have proper safety equipment such as spark arresters, or are installed in close proximity to other buildings. 3. Welfare. To ensure the welfare of citizens and value of neighboring property are protected from negative effects of SFHDs. 4. Education. To educate citizens about the proper use, installation and operation of SFHDs and assist property owners and managers in maintaining compliance with these regulations. B. STATUTORY AUTHORITY. Model Community has the legal authority to adopt planning and zoning regulations. This legal authority exists in common law and in statute as listed below: 1. All cities and towns. Minn. Stat. §§ 462.351 through 462.365 (planning and zoning authority). 2. Counties. Minn. Stat. §§ 394.21 through 394.37 (planning and zoning authority). aq1-62c MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED C. DEFINITIONS. For this ordinance, words not defined have the main meaning found at http://www.m-w.com. These words and phrases are defined as listed here: 1. Accessory structure. A structure on the property designed to serve a main residence but also including a garage, housing for animals, or other supplementary land use structure which may use heat from an SFHD if it is not the SFHD. 2. Clean wood. Wood that has no paint, stains, varnish, or other types of coatings; that has not been pressure treated with preservatives, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol; that does not contain laminate, glue, or bonding agents; or is not co -burned with any prohibited fuels listed in Section I.C.19. 3. Code official. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative. 4. Dual -fuel. An SFHD which is designed by a manufacturer to burn another fuel in addition to wood. 5. EPA. The U.S. Environmental Protection Agency. 6. Existing SFHD. An SFHD that is installed and has been operating at its current location within Model Community within the year prior to the effective date of this ordinance. 7. Heating degree day season. The time period during which the outdoor ambient temperature on an average daily basis falls below 65 degrees Fahrenheit. 8. LGUs. Local governmental units, including townships, cities, and counties, depending on which has jurisdiction under state law, but not including unorganized territory under county control. 9. Manufactured. Built and operational, and subsequently ready for shipment whether packaged or not. 10. Manufacturer. Any person who constructs or imports into the United States an SFHD. 11. New SFHD. An SFHD installed after the effective date of this ordinance. 12. NSPS. EPA's Standards of Performance for New Residential Hydronic Heaters and Forced -Air Furnaces, published in the Federal Register March 16, 2015 (http://www.epo.gov/fdsys/search/citation.result. FR.action?federaIReeister volume=20 15&federaIRegister. page= 13715&publication=FR) and codified at 40 CFR 60 Subpart QQQQ• 13. Nuisance. The creation of a public health, safety, fire, or private danger or interference by constructing or installing an unsafe structure potentially injurious to human, plant or animal life or to property, or that unreasonably interferes with the comfortable enjoyment of life and use of private or public property. 14. PM. Particulate matter. 15. Particulate matter. Total particulate matter including coarse PM10 or larger and fine PM2.5, as defined in https://www.revisor.mn.eov/rules/?id=7005.0100. 16. Pellets. Refined and densified wood shaped into small pellets or briquettes that are uniform in size, shape, moisture, density and energy content. 17. Permit. An official document or certificate issued by Model Community which authorizes performance of a specified activity under specified conditions. 18. Person. An individual, partnership, corporation, company, or other association. MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED 19. Prohibited fuels. Animal carcasses; asphalt products; coal; chemicals; composition board; construction and demolition debris; food wastes; furniture; garbage; glossy or colored papers; hazardous solid waste; industrial solid waste; lawn clippings, yard waste or other vegetative matter; manure; materials containing plastic; materials containing synthetic or natural rubber; newsprint; packaging; paints and paint thinners; particleboard; plywood; sheetrock; tires; waste petroleum products; wiring; wood products that are painted, varnished, or treated with preservatives, and any wood that does not fit the definition of clean wood. 20. Rain cap. A protective cover installed at the top of a chimney stack for the purpose of preventing rain from entering the stack. A spark arrester with a solid cap that is capable of slowing the exit velocity of combustion byproducts is a rain cap. 21. Setback. The distance measured from a property boundary or structure to the nearest edge of the center of the SFHD or to the nearest edge of a structure housing an SFHD. 22. SFHD. A Solid Fuel -Fired Heating Device, also known as a solid fuel -fired heating appliance. 23. Solid. A material that has a melting point, decomposes, or sublimes at a temperature greater than 68° Fahrenheit (20° Celsius). 24. Solid Fuel -Fired Heating Device (SFHD). A solid fuel -burning device manufactured or used to burn wood and designed to create heat on a continual basis, by sending heat through water, antifreeze or steam into interconnected piping. An SFHD may also be called by other names, such as: outdoor wood furnace; outdoor wood boiler; outdoor wood burner; closed combustion solid -fuel -burning appliance; accessory boiler; alternative fuel -burning device; or outdoor wood -fired hydronic heater. 25. Spark arrester. Any device which prevents the emission of flammable debris from SFHDs, fireplaces, and wood burning stoves. D. PERSONS AND EQUIPMENT COVERED BY THIS ORDINANCE. 1. Persons covered. Any person who installs, operates, or owns an outdoor SFHD must comply with the provisions in this ordinance. 2. Types of fuels used by SFHDs covered in this ordinance. The provisions of this ordinance apply to SFHDs that are manufactured or used to burn any of the following: a. Wood; b. Wood pellets; or c. Wood and another fuel (a dual -fuel SFHD). 3. SFHD equipment covered. The provisions of this ordinance apply to all outdoor SFHDs, whether a primary, supplemental, residential, or commercial/industrial heat source, which include the following components: a. SFHDs and their piping, chimney stacks, flues, and/or fans; and b. Any other equipment, device, appliance or apparatus, or parts thereof, which are intended to be used as part of an SFHD. 4. Surrounding structure covered. Any accessory structure designed to surround the SFHD must meet the provisions of this ordinance. Accessory structures are also regulated by Model Community's zoning and subdivision ordinances. MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED E. EQUIPMENT AND ACTIVITIES NOT COVERED BY THIS ORDINANCE. This ordinance does not apply to: 1. Outdoor grills. Outdoor devices, equipment, appliance and/or apparatus used to grill or cook food using charcoal, wood, propane, or natural gas; 2. Fireplaces. Natural gas-fired fireplaces or traditional wood -burning fireplaces in the interior of a residential dwelling; 3. Non-SFHD heaters. Indoor heating devices which are not SFHDs, such as wood stoves; 4. Liquid fuel devices. Industrial gas or liquid petroleum fuel devices used on site of temporary construction, demolition, or maintenance activities; S. Recreational fires. Recreational fires within the limits set by the Minnesota State Fire Code (Minn. R. 7511.0307) and campfires as defined in Minn. Stat. Chapter 88.01 Subp. 25 (https://www.revisor.mn.gov/statutes/?id=88.01); 6. Fire training and open burning sites. Fire training or permanent tree and brush open burning sites permitted under Minn. Stat. Chapter 88.17 Subp. 3 (https://www.revisor.mn.gov/statutes/?id=88.17); 7. Forced air furnaces. Forced air furnaces designed to burn fuel that warms spaces other than the space where the furnace is located, by the distribution of air heated by the furnace through ducts; and 8. Masonry heaters. Masonry heaters, either site built or factory built devices, in which the heat from intermittent fires burned rapidly in the firebox is stored in the refractory mass for slow release to building spaces. Masonry heaters typically have a firebox and heat exchange channels built from refractory components, through which flue gases are routed. F. EFFECT OF A COURT HOLDING. 1. Severability. If a court holds that any portion of this ordinance is unconstitutional, inoperative or void, that holding will not affect the remaining portions of this ordinance. 2. Applicability. If a court holds that any portion of this ordinance does not apply to any person, group of persons, property or kind of property, or circumstances or set of circumstances, that holding will not affect the application of this ordinance to any other person, property or circumstance. 3. Intent remains. The intent of Model Community in adopting this ordinance will remain in effect for all portions and all circumstances of this ordinance not affected by a court holding. G. INCORPORATION OF DOCUMENTS BY REFERENCE. This ordinance sometimes references emissions standards, emission levels, or requirements in other documents or other laws created and maintained by other entities. When referenced in this ordinance, the requirements in the referenced document or law will become a requirement of this ordinance (as provided for cities and towns under Minn. Stat. § 471.62). The referenced document or law may be revised in the future by the entity that created and maintains the document or law. Any such revisions will also become a requirement of this ordinance. 4 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED ADD II. IF YOUR COMMUNITY HAS AN EXISTING SFHD: II. EXISTING SFHDs TO BECOME NONCONFORMING A. EXISTING MODELS WHICH DO NOT MEET THE NSPS. Because of their higher emissions, any existing SFHD model which EPA has not approved as meeting the NSPS, is classified as a legal nonconforming land use. Any existing SFHD which is a model EPA has approved as complying with Step 1 requirements of the NSPS retains its conformance status until May 15, 2020. Unless this SFHD model also meets the Step 2 requirements of the NSPS, its status shifts to legal nonconforming land uses on May 15, 2020. B. REMOVAL WHEN USEFUL LIFE ELAPSES. When the use of a nonconforming existing SFHD is discontinued for a period of more than one year, it must be immediately removed from the property by the property owner and not installed elsewhere in the Model Community. C. REMOVAL AFTER DESTRUCTION BY FIRE OR OTHER PERIL. If any nonconforming existing SFHD is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged, the SFHD may only be replaced by a conforming SFHD. D. NO EXTENSION, ENLARGEMENT, OR EXPANSION. No existing legal nonconforming SFHD shall be extended, enlarged, or expanded after the date of effectiveness of this ordinance. E. RELOCATION PROHIBITED. An existing legal nonconforming SFHD shall not be relocated to another parcel in Model Community if that parcel has a different property description than the site on which the nonconforming SFHD was located on the effective date of this ordinance. MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED ADD III., IV., AND V. IF YOUR COMMUNITY WILL ALLOW NEW SFHDs: III. REQUIREMENTS FOR NEW SFHDs New SFHDs must meet all of the following requirements: A. NSPS. New SFHDs must meet the NSPS requirements for certification, installation, operation, and maintenance. B. MINNESOTA CODES. New SFHDs must meet the most restrictive of applicable chimney stack height and design, and setback requirement found in the state of Minnesota Building, Mechanical, or Fire Code. C. SETBACK AND CHIMNEY STACK HEIGHT. New SFHDs, when installed, must meet the following requirements: 1. The chimney stack must not have a rain cap installed. 2. The minimum exit height of the chimney stack must beat least 10 feet from the ground. 3. The minimum setback of the SFHD from the nearest property line must be 100 feet. IV. INTERIM USE ZONING PERMIT REQUIRED FOR NEW SFHDs An interim use zoning permit or certificate is required from the Model Community before the start of construction and installation of a new SFHD. Model Community may combine this interim use zoning permit with a building or operational permit, or certificate, on forms provided by the Model Community. Failure to submit an application for the permit is a violation of this ordinance. Violation of the permit terms is grounds for Model Community to terminate the permit and take additional enforcement actions. A. PURPOSE OF PERMIT FOR NEW SFHDs. The purpose of the interim use permit/certificate is to ensure that setback locations, chimney stack heights, and storage of fuel for a new SFHD meet all requirements of Model Community's ordinance and new SFHDs meet federal equipment performance regulations. Requirements for the permit application are listed in Section V. B. REQUIREMENTS OF ZONING DISTRICT. This permit must contain a condition that the SFHD be operated in a manner in compliance with requirements of the zoning district in which it operates, and within the requirements of Section II. N MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED C. LIMITATIONS ON ZONING DISTRICTS IN WHICH NEW OUTDOOR SFHDs CAN BE INSTALLED. New outdoor SFHDs are accessory structures which are interim permitted uses only in agricultural and industrial zoning districts. They are explicitly prohibited in residential districts and within a half mile of congregate care homes, lands dedicated to public or institutional uses, and medical facilities. D. PERMIT APPLICATION FEE REQUIREMENTS. The initial application must be submitted by the owner of the land on which the SFHD is proposed with an application fee at the same time. The amount of the application fee must be determined by Model Community and may change periodically. V. MINIMUM APPLICATION INFORMATION FOR NEW SFHDs Prior to the start of building or installation of a new SFHD, a zoning permit/certificate application must be submitted to Model Community on a form provided by it, containing the information requested directly below. The Model Community shall review the information and issue a preliminary decision within the time limits set forth in https://www.revisor.mn.gov/statutes/?id=15.99. Failure to obtain the permit and build, install, or operate without an issued permit, is a violation of this code. The information required is: A. Contact information. Name, address, and phone number of property owner; B. Legal description. A legal description of the property prepared by a registered land surveyor or from the county property tax bill; C. Site plan. A site plan or survey illustrating the dimensions of the property, including: 1. Location and identification of buildings on the site. Location and identification of buildings on the site on which the SFHD will be located; 2. Location and identification of adjacent buildings. Location and identification of buildings and the nearest residences on adjacent properties; 3. Location of the SFHD. Location of the SFHD sufficient to establish exterior boundaries of the SFHD unit or any enclosing accessory structure required by the Model Community code/ordinance for SFHDs; 4. Fuel storage areas. Fuel storage areas relative to the lot lines and distances from neighboring residences on adjacent properties; S. Information on manufacturer and specifications. SFHD manufacturer, model number, date manufactured, specifications for installation, operation, and maintenance, and enough information to determine whether the SFHD meets the specifications. 6. Modifications. Description of any modifications to the SFHD since date of manufacture; 7. Chimney construction. Chimney stack materials and height; S. Building and fire code compliance. Evidence that the SFHD meets applicable building code and fire code requirements; 9. Safety standard compliance. Evidence that the SFHD meets safety standards issued by the Underwriters Laboratories (UL), American National Standards Institute (ANSI), or Canadian Standards Association (CSA) listing; MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices ZONING: NEW AND EXISTING SFHDS ALLOWED February 2017 10. Proposed dates of operation. The proposed dates of operation, limited to dates in the heating degree day season, each year; and 11. Other information needed by Model Community. Other information as requested by Model Community staff. ADD VI. IF YOUR COMMUNITY WILL PROHIBIT NEW SFHDs: VI. NEW SFHDs PROHIBITED For the reason detailed in Sections I.A, new SFHDs are prohibited in Model Community. No person shall sell or distribute, install, or operate any new SFHD in Model Community. ADD VII. IF YOUR COMMUNITY HAS OR WILL ALLOW SFHDs: VII. COMPLIANCE REQUIREMENTS FOR LANDOWNERS OF SFHD SITES Any landowner on which an SFHD is located or proposed to be located must comply with all applicable laws, regulations, rules, ordinances, codes, and permit conditions of Model Community or other levels of government concerning building, construction, installation, or zoning of any SFHD. ADD VIII. AND IX. IF YOUR COMMUNITY HAS, WILL HAVE, PROHIBITS, OR WILL PROHIBIT SFHDs: VIII. ENFORCEMENT A. RIGHT OF ENFORCEMENT. Model Community's code official is authorized to enforce the provisions of this ordinance, render interpretations of this code, and adopt policies, procedures, rules and regulations in order to clarify the ordinance provisions. Such interpretations, policies, rules and regulations must comply with the intent and purpose of this Code and not have the effect of waiving requirements specifically provided for in this Code. A representative of a local or community board of health may also enforce this provision according to its general authority to inspect nuisance conditions granted under Minn. Stat. § 145A.04, subd. 7 and subd. 10. B. RIGHT OF ENTRY. The code official is authorized to enter the property on which the SFHD is located to inspect or perform the duties if the code official makes an inspection to enforce the provisions of this code, or has reasonable cause to believe that an SFHD on a premise is violating this ordinance, imposed by this code. The code official must present credentials and request entry to the property. If entry to the property is refused, the code official can 8 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED use every legal remedy to secure entry. C. RIGHT OF INSPECTION. The Model Community's code official designated to review applications and issue permits regulated by this code, can inspect the SFHD for which the permits have been issued, to enforce compliance with the provisions of this code not already regulated by the Minnesota building, mechanical, and fire codes. D. PROCEDURE FOR PERMIT REVOCATION. If the Model Community determines that an SFHD on a premise is violating the requirements of any individual or combined certificate or permit issued by the Model Community, Model Community can revoke the certificate or permit after a hearing is held by the governing body, upon 30 days' written notice given to the permit holder, landowner, or operator. IX. PENALTIES A. ADMINISTRATIVE PENALTY OPTION. Model Community can issue an administrative penalty order to any person who violates a provision of this ordinance. Administrative penalty procedures are informal, cost-effective, expeditious alternatives to criminal charges for violations, and often are more effective than criminal charges in zoning violations for bringing the desired results. The procedures are voluntary for persons who have been charged with violations, and the person charged can withdraw any time from participation. If the person charged does not pay the monetary penalty that Model Community imposes, Model Community can seek to collects costs of administrative penalty procedures as imposed. Model Community can also seek to collect costs of administrative penalty procedures as part of a subsequent criminal sentence, if the person is charged and if found guilty of the criminal violation. The amount payable must be determined according to the schedule adopted by resolution of the Model Community governing body periodically, and paid directly to Model Community. B. CRIMINAL CHARGES. A landowner or operator who violates or has a permit revoked, or does not meet the requirements of Sections II. -VII. is guilty of a violation of this code until the cause of the violation is corrected to the satisfaction of the code official. Each day of violation is considered a separate violation of this code. The penalty for each violation shall be a misdemeanor as defined in Minn. Stat. § 609.02, subd. 3, and subject to the maximum penalty of 90 days in jail and/or a $1000 fine, plus the costs of prosecution. C. INJUNCTIVE AND OTHER FORMS OF RELIEF. If Sections IX.A. or IX.B. do not produce a halting of the zoning violation, Model Community may seek injunctive or other forms of relief to obtain compliance with this code. 4 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED SOLID FUEL -FIRED HEATING DEVICES MODEL ORDINANCES Supplemental Information for Section III This appendix provides technical air quality information to support Minnesota local governmental units (LGUs) establishing and implementing ordinances for Solid Fuel -Fired Heating Devices (SFHDs). Minnesota Pollution Control Agency (MPCA) staff conducted air dispersion modeling analyses of multiple scenarios of residential SFHDs with varying combinations of stack heights and setbacks (from the property line of the nearest neighbor) using the PM2.5 National Ambient Air Quality Standards (NAAQS) as a public-health measurement or benchmark for how far a setback would be needed. The air dispersion modeling underlying the Table 1 evaluation was conducted for SFHDs. Solid Fuel -Fired Heating Devices (SFHDs) have the potential to adversely impact air quality and the quality of life and health for nearby residents. LGUs are empowered by statute to protect residents from air quality -related environmental health hazards and public health nuisances that may occur from SFHDs (See generally, Minn. Stat. ch. 145A). The MPCA shares similar air quality goals with LGUs on a state- wide basis through the Federal Clean Air Act, and supports LGUs through technical, and, if necessary, regulatory assistance (See Minn. R. 7009.0080). Specific MPCA technical support is provided to LGUs in the form of setback distances between SFHDs and nearest neighbors based on air quality dispersion modeling and a health -based evaluation benchmark for particulate matter less than 2.5 microns (PM2,$). The MPCA SFHD setbacks and related air quality evaluation may provide some support in the removal and abatement of an SFHD if it is declared a public health nuisance (Minn. Stat. § 145A.04, subd. 8). I. AIR DISPERSION MODELING STUDY MPCA developed a technical support document describing the air dispersion modeling study used to develop the information in Table 1. Air quality dispersion modeling is a computer simulation that predicts air quality concentrations from various types of emission sources. For pollutants emitted through a chimney stack, the modeling considers the emission rate, chimney stack height, chimney stack diameter, and chimney stack gas temperature and velocity, as well as the effect of nearby buildings and terrain. Air quality dispersion models use meteorological data such as temperature, wind direction, and wind speed to calculate concentrations. Five years of National Weather Service (NWS) meteorological data is used for air quality modeling. The modeling technical support document is available on the MPCA website. Assumptions for modeling and modeling results are contained in the technical support document. As with any modeling analysis, there are considerations that should be kept in mind when using the information in Table 1: 10 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED A. Table 1 is not based on physical safety considerations or code. The first column in Table 1 presents the chimney stack heights studied in MPCA's air quality modeling study. Communities may have safety concerns with some chimney stack heights; however, the analyses conducted by MPCA and the findings presented in Table 1 are strictly based on air quality, not on safety or code considerations. The chimney stack heights in the Table may exceed manufacturer recommendations or they may not comply with Minnesota Building, Mechanical, and Fire Codes. Stack installation must be properly designed and installed in accordance with manufacturer specifications and Minnesota Building, Mechanical, and Fire Codes. B. More extreme site conditions may require greater setbacks or chimney stack heights. The chimney stack height and setback combinations presented in Table 1 are based on the findings from MPCA's general air dispersion modeling study of outdoor SFHDs. This is a list of factors that may be present under site-specific conditions and could result in air quality impairments. 1. Factors that can interfere with airflow and could negatively affect dispersion of the emissions: a. Using rain caps. Rain caps "slow down" the rate at which chimney stack gases leave the chimney stack. Modeling demonstrates that using a rain cap significantly interferes with the dispersion of particulate matter, and resulted in unacceptably high ambient air concentrations. Rather than establishing very high setback distances, the model ordinance bans the use of rain caps. b. Not installing, operating or maintaining the equipment according to manufacturer's instructions. The NSPS requires manufacturers to specify in the owner's manual proper wood heater installation, including location, chimney stack height and achieving proper draft. User's manuals often recommend raising the chimney stack 2 feet above nearby buildings including the neighbor's home. Adequate dispersion of pollutants requires that the chimney stack discharge at an elevation higher than nearby buildings that can block air movement. c. Locating the SFHD in areas with significant valleys, hills or bluffs (meaning the landscape is taller than the height of the chimney stack) is likely to worsen air quality compared to the results shown in Table 1; d. The nearby presence of buildings taller than 28 feet; or e. Installing the SFHD closer to a building than the 30 feet separation distance assumed in the modeling. 2. Factors that can increase emission rates: a. Poorly operating or maintained equipment. b. Burning unseasoned (wet) wood. c. Burning fuel not intended for the equipment. d. The use of homemade heaters which likely produce higher emissions. e. Using SFHDs larger than the modeled residential sizes (such as SFHDs serving commercial buildings or very large residential heat demands). f. Equipment that is over -sized for the actual heating demand. 11 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices February 2017 ZONING: NEW AND EXISTING SFHDS ALLOWED 3. Factors that can increase the ambient air concentrations: a. The presence of more than one SFHD in close proximity. C. The setback and chimney stack height combinations from Table 1 should reduce, but it may not eliminate, the chance of nuisance conditions. Table 1 is based on general conditions evaluated with standard air dispersion modeling methods. Various general assumptions were modeled that may not be consistent with conditions at a specific location if site-specific conditions are outside the scope of the general modeling assumptions. The setback evaluation for Table 1 was conducted using the 24-hour and annual PM2.5 NAAQS as the evaluation benchmark. The modeling evaluation focused on PM2.5 because relatively more emissions data is available for PM than for other pollutants and because PM2.5 was considered a relevant criteria air pollutant with well-documented inhalation health risks and an established regulatory value. The recommended setback distance is based on that distance from an operating SFHD where resulting ambient air concentration from the emission of the SFHD added to existing background ambient air concentrations falls below the 24-hour and annual PM2.5 NAAQS. For uncertified SFHDs, setback distances are large because available emissions data shows that particulate matter emission rates from an operating unit are very high. While certified SFHDs currently available for sale will meet EPA 2015 standards in the lab setting during certification testing, some emissions studies indicate that not every SFHD will meet the EPA standard when being operated in the field. An SFHD's ability to perform to the level of the standard can be confounded by poor sizing, installation or operation, especially if fuel is not properly seasoned. If a homeowner is unable to secure dry wood during the heating season, there is nothing within the devices that will prevent unseasoned wood from being burned. Therefore, the MPCA is recommending setback distances based on modeling of SFHD with emissions higher than the EPA certification standard. These SFHD are still far cleaner than uncertified SFHD. For SFHD's that meet the 2020 certification standard, smaller setback distances could be possible than that shown in Table 1. Only a few cordwood burning SFHD models currently meet the 2020 standard and limited emissions data was available to justify establishing a setback distance less than 100 feet. As more emissions information becomes available, the MPCA may revise the setback values in Table 1. This information in this supplement is offered to help local decision -makers reduce the chance of air quality concerns on neighboring properties but not at the resident's property itself. It does not eliminate the possibility of nuisance conditions and cannot guarantee that the amount of PM2.5 in the ambient air would always meet applicable air quality standards. The modeling performed cannot be used to demonstrate compliance 12 MPCA Model Ordinance for Minnesota Local Governments Solid Fuel -Fired Heating Devices ZONING: NEW AND EXISTING SFHDS ALLOWED February 2017 with an applicable ambient air quality standard. Further, other exposure time periods, wood smoke pollutants and associated odors were not evaluated. TABLE 1. SFHD SETBACKS FROM PROPERTY LINE BASED ON CHIMNEY STACK HEIGHT AND SFHD CERTIFICATION STATUS • Uncertified SFHD—SFHD is not certified to meet the EPA 2015 (Step 1) or the 2020 (Step 2) NSPS emission standards for hydronic heaters. • EPA NSPS certified SFHD — SFHD meets the EPA 2015 or 2020 NSPS emission standards for hydronic heaters and has the EPA -required permanent label with "Certified to comply with the 2015 particulate emission standards" or "Certified to comply with the 2020 particulate emission standards". II. MORE INFORMATION EPA's list of certified SFHDs (hydronic heaters) which meet EPA's NSPS (Standards of Performance for New Residential Hydronic Heaters and Forced -Air Furnaces) requirements is located at http://www2.epa.gov/compliance/list-epa-certified-hydronic-heaters. MPCA's Wood Smoke Coordinator can provide general wood smoke information and more information about using this model ordinance. A technical support document describing the modeling is available on MPCA's webpage www.pca.state.mn.us/vhiz4d3 or from MPCA's Wood Smoke Coordinator. Residential wood smoke information is also available on MPCA's Wood smoke webpage at www.pca.state.mn.us/vhiz4d3. 13 Uncertified SFHD EPA NSPS Certified SFHD Landscape Flat to Rolling I Steep I All Chimney stack Height from the Ground Distance in Feet from SFHD chimney stack to Nearest Property Line 8' 1,000 1,300' Not allowed 10' 860' 1,118' 100' 18' 500' 650' 24' 100' 130' 30' 100'1 130' • Uncertified SFHD—SFHD is not certified to meet the EPA 2015 (Step 1) or the 2020 (Step 2) NSPS emission standards for hydronic heaters. • EPA NSPS certified SFHD — SFHD meets the EPA 2015 or 2020 NSPS emission standards for hydronic heaters and has the EPA -required permanent label with "Certified to comply with the 2015 particulate emission standards" or "Certified to comply with the 2020 particulate emission standards". II. MORE INFORMATION EPA's list of certified SFHDs (hydronic heaters) which meet EPA's NSPS (Standards of Performance for New Residential Hydronic Heaters and Forced -Air Furnaces) requirements is located at http://www2.epa.gov/compliance/list-epa-certified-hydronic-heaters. MPCA's Wood Smoke Coordinator can provide general wood smoke information and more information about using this model ordinance. A technical support document describing the modeling is available on MPCA's webpage www.pca.state.mn.us/vhiz4d3 or from MPCA's Wood Smoke Coordinator. 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N (o � V C C !� aC u C Q L N o N CL L to _C 0 0 U 42 Q 0 ro ri E 1 i_ O m m 0 C «J O a-+ m V L U Q v � N � L •� a1 u m 7 U C a iZ � a W. ai C f0 N .3 C V 7 Q ra N C) Vu v U s U s 3 C C fu lE C aJ C C fu 0 aJ fu L- ai Q- 0 0 O C (u s N O O O O O D O C a M 0 N !_ W E tr 0) v O U U s .3 v c Q E O u .s W ry s N a) 7 4- C: v U O a) to f6 L O N Lo O FOO O 0 O O O C 0 - CL Q f9 C O ai4-1 rQ m� L N C) a) Q- O 0 a) -0 to �v s C N O O U N a1 N "6 7 � N U C N s J. - 2 i O — CaiN O a-1 aj Q aj O E � L s iS O ai L O u CL v 4- s N a--' C m to Q O a) u Ci O o .� O L N O a...+ 7 7 0 N N Q� o a., O N O L1 O o i 0 4- � 3 C) a) .Q W E o O C f0 N Qj U m a v cr 4- 4T N m N m .}J N N E C) f� N rd U CY N � s cn \ I I \ \ \ I IEAGAN \ I Memo AGENDA ITEM: IV. B. Emerald Ash Borer Management TO: Energy and Environment Advisory Commission PREPARED BY: Andrew Pimental, Director of Parks & Recreation BACKGROUND/HISTORY: - City of Eagan Forester will present information of Emerald Ash Borer and the effects it has and will have on Eagan. This presentation was also conducted for the Eagan City Council and the Advisory Parks and Recreation Commission. ACTIONS TO BE CONSIDERED: - No action required ATTACHMENTS: - Emerald Ash Borer Advisory Parks and Recreation Commission Manch 19, 2018 Emerald Ash Borer 100 . ��.. 90 j 80 70 { 60 50 40 #„1 3D Q� 20-- d 10 0 0 Ash Mortality from EAB 1 Eagan 2018 l 2 3 4 5 b 7 8 9 10 11 12 13 14 15 lb Years After First EAB Infestation The graph above indicates the typical "time -proven" trend of how EAB infested trees will succumb to infestation and death. The "Years After First EAB Infestation" axis actually correlates to the current year date (i.e. 08 = 2018"). Thus, by the year 2023 (13 on the graph x axis) Eagan can expect to have almost complete infestation of our ash trees. Only those ash trees that have been chemically protected will survive. IIPage Emerald Ash Borer General Information and History EAB source EAB is native to eastern Asia but was discovered in Detroit, Michigan, and Windsor, Ontario, in 2002. Indications are it may have been introduced via pallets and wood packing material arriving on cargo ships to this area as early 1990. As of January 2018 EAB has spread all the way to the east coast and as far west as Colorado (see map of US below). In addition to its natural spread of 1 to 2 miles per year, EAB has been spread in ash firewood, nursery stock and possibly other ash materials to a number of new areas. In just 15 years EAB has spread half way across the country. 2 1 P a E Whv should we care about EAB? All ash trees species are susceptible to EAB and millions of ash trees have been killed in infested areas in the US already. Minnesota has the highest volume of ash trees of all states in the US. The City of Eagan fortunately has a relatively low percentage of ash trees in publicly maintained areas, however timely management is still critical. More critical here is the management of ash trees on private land as the percentage of ash trees In private land is much higher. EAB History in Minnesota On May 14, 2009, emerald ash borer (EAB) was first confirmed in Minnesota in the South Saint Anthony Park neighborhood of St. Paul. Because EAB has been proven to be a serious invasive tree pest, a quarantine has been placed to help slow the spread of EAB to other areas. EAB History in Eagan Eagan's first case of EAB was found by the Minnesota Department of Agriculture (MDA), within the Lebanon Hills Regional Park campground on December 24, 2014, Approximately 12 trees were affected due to infested firewood brought in by camper. County crews removed all infested trees. Investigation of these infested trees by the MDA suggests that the EAB insect had been inside these trees for several years, growing In population until outward symptoms became visible. No new infestations were documented in Eagan during 2015 and 2016 (however, past EAB research indicates that the EAB population was growing during these years in nearby trees). During 2017 city forestry staff has documented the presence of EAB at seven different locations in Eagan. Now in 2018 EAB symptomatic trees are showing up at a rapid pace. Staff expectes to see hundreds of trees infested throughout the year. The following is a list of these sites. 1. March 24, 2017 — Forestry staff examined the ash trees on a }private property on Karis Way and found evidence of EAB. The infestation of five EAB trees was confirmed by the MDA. 2. March 30, 2017 — Forestry and MDA staff surveyed the Ka ris Way neighborhood and the area just north of 2014 Lebanon Hills campground infestation and discovered EAB symptoms on approximately 75 ash trees (all on private property). 3. June 6, 2017 — EAB found at Gemini Road & Lexington Avenue, 4. June 29, 2017 — EAB found north of Bur Oaks (near Hwy 55), and at Pilot Knob Rd (south of Lone Oak Rd). 5. July 21, 2017 — EAB found on Hickory Lane (north of Cliff Rd, east of Johnny Cake Ridge Rd.) 6. October 17, 2017 — EAB found near Blackhawk Rd & Riverton and Blackhawk Rd & Davenport Ave. 7. December 15, 2017 — EAB found near Pilot Knob and Yankee Doodle Rd on ash trees at The Intergenerational Learning Center. S. January 10, 2018—Seven new EAB sites identified today, plus one existing site (near 3M on Lexington Ave) now has many more newly 3 1 P a g e infested trees. New sites are along Shields drive, residence at 3180 pilot Knob Rd, residence at 3305 Lexington Ave., Weedman business at 1771 Yankee Doodle Rd., Transport America business at 3331 Terminal Drive, BCBS site at 1800 Yankee Doodle Drive, and BCBS site at 1750 Yankee Doodle Drive. In all there are dozens of ash infested (if not hundreds) at these new sites. 9. January 29, 2018 —Twelve new or expanded EAB sites were identified. New sites were in the Forssa Way neighborhood, and in the MVTA parking lot at Blackhawk Road and Cliff Road. 10. February 20, 2018 — Several new infestations in the Northview Park Road / Tilbury Way area. Please refer to the map on the next page showing dated EAB infestations within the City of Eagan. 4ak� Emerald Ash Barer Confirmed Sites — Eagan EAGAN Emerald Ashy Borer Confirmed Sites Sites A{e� .ell tifffled 5466 ,•1 ' " ' haoJ�d � +nRu a —_:� -i,' - -.• �„� -.>,r_ • r •-a � •'' 00, -- -- - _ - -- t� �_ "1aTM{7rt6i7?'. ..nr...•.� 1 ., + _ 17 • , "y" tii,r,' # 1p/171Z017f A 1 ' ! �-f� ' , ,*• 'i ... ;, }�f d;lt ,. :r. iy,= ,. I .: - �"^tom' - •.yr i r: �.�' {• i .. �� �' "� �; _ --, ...17rzt�nos7! - , 1. • f.::,.•:.., , "� _ - ' - , r `, � 0'a'' 1 i 1 f 1 /ti J `•�,.�, 1 _ e 11 N QL i' fw29317� Mup updated March 2018. Ash Tree Po ulation in Ea an Public trees Trees in Parks The good news here is that of the 6,285 trees growing in maintained areas of our parks only 564 (9.0%) of them are ash trees. This Is a relatively low percentage and one that is somewhat manageable. Staff is currently removing and replacing about 25-35 low quality park ash trees per year, and chemically protecting 120 high value park ash trees. This represents over 25% of our park ash trees being managed for EAB. This percentage will need to increase as EAB becomes more abundant. Also staff has concerns about "boundary ash trees" (ash trees growing near enough to private property where if the tree or tree branches fell they would land on private property) and ash trees growing along park trails in more "natural areas" in city (i.e. Patrick Eagan Park). As these trees become infested they will die and need to be removed to prevent them from falling on private property or on publically used trails and recreational areas. Trees In Public Facilities As with the park trees there is also good news here. Of the 1,206 trees growing in public facilities (Community Center, City Nall, Fire Stations, etc.) only 42 (3.5%) of there are ash trees, These ash trees can be easily managed through removal and replacement and�or chemical protection. Trees in Boulevards Of the 14,493 trees growing in boulevards only 3,052 (21.1%) of them are ash trees. This is a relatively low percentage as many municipalities have over 50% ash trees In boulevard areas. Street Department staff are currently removing about 150 low quality boulevard ash trees per year. In addition park staff is also chemically protecting 18 high value park ash trees (treatment began in 2011 during a federal grant program to remove, replant, and protect specified boulevard ash trees). However, only removing 150 ash trees per year will require a time frame of 20 years for complete management. This is too long of a time period, therefore the number of boulevard ash trees removed per year will need to increase as EAB becomes more abundant. The most likely scenario for boulevard ash tree management concerning how many trees would need to be removed per year to effectively manage EAB infestations would be to remove 50% of boulevard ash within the next 5 years (3,052 trees x 5096) =1,526 ash trees over 5 years = 305 trees/year. An option here is to contract out the balance of ash trees needed to be removed per year (305 trees/year-150 trees removed by Street staff =152 trees by contractor). This amount would need to be added to the existing Public Works budget. Management for the remaining 50% of boulevard ash trees that are not removed would involve; a) Insect protection through chemical injection (if this is contracted out the cost 6(Pa�!t� Private Trees is about $5.00 per diameter inch, or about $100.00 per average Eagan boulevard ash tree), b) tree removal by Eagan resident (some residents in recent past have elected to remove the boulevard tree in front of their house), and simply monitoring the balance of the boulevard ash trees. Ash trees growing in private properties represent an entirely different management situation. There presently is no current city performed tree inventory of ash trees located on Private property, however, a 2010 MnDNR inventory indicates that in Eagan there are roughly 52,600 live ash trees on private lands. This represents 14.2'% of all tree types; third behind spruce (22%) and maple (16%). While this percentage is relatively low, the quantity of ash trees on private land represents a situation that needs addressing. Hundreds of thousands of EAB insects will visit these private ash trees, using them for breeding sites, then after hatching spreading out, resulting in a staggering number of new EAB infestation sites. Once EAB has infested these trees, the trees will die, eventually creating hazardous situations both biologically and physically. Ash trees dying on the Interior of private land will create dangerous situations specifically for the Eagan resident who lives at that property, while private ash trees dying on perimeters of private lots will create a physically dangerous situation for users of boulevard trails and adjacent streets as dead ash branches fall to the ground. Because of current available staff, the city does minimal pro -active searching out infested ash trees on private property. As a matter of fact, because of city ordinance restrictions, city staff cannot enter private property without permission of the property owner. However, in 2017 alone,•the tree inspector reactively responded to resident requests and visited about 100 private residential properties to conduct an investigation specifically to diagnose for the presence of EAB in their ash trees as well as offer recommendations to homeowners about the prospective costs associated with preventive injections and removal of their ash trees. These types of customer requests will increase dramatically as EAB population and documented infestations increase. City of Eagan will not be requiring the removal of EAB infested trees on private property. Per the recent neighboring city survey on page 9, four of the cities surveyed (Inver Grove Heights, Burnsville, Apple Valley, and Lakeville► either do or will require the removal of EAB infested trees on private property, two cites do not (Mendota Heights and Rosemount). The cities that do require removal have all stated that either their EAB dedicated staff, or their budget had to be increase to handle this increased workload. What are other neighboring cities doing? 7 1 Page Forestry staff recently (January 2018) surveyed the six municipalities near Eagan (Inver Grove Heights, Burnsville, Apple Valley, Mendota Heights, Rosemount, and Lakeville) concerning their EAB status, and present and future EAB management activities. As was expected, there is a wide variety in management Of EAB. To date, there is no federal or state required protocol for EAB management. There are however recommended EAB management guidelines, but no "required" actions. Basically, each municipality set its` own policies on how to best handle the EAB crisis. In most cases, a multiple -tool management approach is taken involving infested tree removal, replacement where appropriate, chemical tree protection, and lastly a tree monitoring approach of inaccessible ash trees. This is the reasonable approach that Eagan staff has taken since 2009. Additionally, here is some brief information on EAB management in Minneapolis and St. Paul. Minneapolis — Because of political pressure, by policy decision Minneapolis is not doing any chemical treatment of ash trees. They are also NOT requiring the removal of infested ash trees on private property. St. Paul — They are chemically treating some high quality ash trees on public land; removing and replacing ash trees on public land, and at times doing mass removals of boulevard trees. They are replacing some removed ash trees as budget allows. Because of limited staffing and increases infestations they have stopped diagnosing and requiring the removal of infested ash on private land. 811'ai;e Are there anu armnts available for EAB mono ement? The following is a response received from the Mn Department of Natural resources concerning EAB related grants. "At this point there are no grants for EAB management. The MDA (Mn Dept of Ag) may be seeking either bonding grant funds or CCCMR grant funds Jo`r EAB innesota Tree Advisory Committee) has been lobbying theiegisiatu management Provide �communities with funds to hale manage EAB, but so forhos been unsuccessful."Jennifer Teagarden, MnDNR. elp The following is a response that I received from the MDA on this same question. "Currently i am not aware of any grant dollars available to Minnesota Communities. MNSTAC ha have not yet been successful in makings available. Karen Zumach orJim championed this issue forseveral years but hstate dollars Vaughan could glve you an update on the work they have done on this issue ff you are interested. /believe the DNR will try a proposal for community EA8 funds this year to LCCMR. MDA tried last year but were unsuccessful". Mark Abrahamson, Mn Dept of Ag. So, at this time, the answer Is NO, there is no funding available to assist with emerald ash borer rnanagement. 91PagC, EAB Management Ash Tree Management in Parks Staff is recommending continuing to manage park ash trees per the following: a. To remove lower quality condition ash trees and replace where appropriate, b. To chemically protect, through trunk injection, high quality atree sh s, C. To increase the removal of "natural" ash trees in parks where trails and active use areas, and the tree is close to d. To monitor other ash trees in natural areas (no public presence). Ash Tree Management in Public facilities Staff is recommending continuing to manage public facility ash trees per the following: a. To remove lower quality condition ash trees and replace where appropriate, and b. To chemically protect, through trunk injection, high quality ash trees. Ash Tree Management in Boulevards Staff Is recommending to manage boulevard ash trees per the following: a. Increase the removal of poor condition ash trees in boulevards through the use of both city Street Department staff and a tree contractor. Additional Public Works budget will be required for thi. b. Continue the chemical treatment of select high quality boulevard ash trees. Ash Tree Management on Private Property Staff is recommending to manage private ash trees per the following: a. Increase communication about EAB diagnosis and management with Eagan prope owners and provide EAB options concerning EAB management of trty heir private ash tree(s). b. Do not require the removal of EAS infested ash trees on private property. C. Explore funding through grants available for ash tree management on private land; eligible activities including the removal of infested ash trees, chemical treatment healthy ash trees, and follow-up reforestation efforts. 101PagE? ♦ ♦ 1 / / I to \ / EAGAN Memo AGENDA ITEM: V. A. Commission Goals Update TO: Energy and Environment Advisory Commission PREPARED BY: Andrew Pimental, Director of Parks & Recreation BACKGROUND/HISTORY: Energy and Environment Advisory Commissioners and staff will provide updates on the three goals for 2017-2018. ACTIONS TO BE CONSIDERED: - No action required ATTACHMENTS: No attachments