Loading...
HomeMy WebLinkAbout2016-07-26 Agenda with BackupCit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Meeting Agenda City Council Tuesday, July 26, 2016 3:00 PM Work Session Room After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, July 26, 2016 at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Work Session Reports A. ID 16-896 Receive a report and hold a discussion regarding the adoption of the proposed City of Denton Public Art Master Plan. Attachments: Exhibit 1 Proposed Public Art Master Plan B. ID 16-906 Receive a report, hold a discussion and give staff direction regarding an ordinance to adopt the 2015 International Energy Conservation Code (IECC) as amended by the City. Attachments: Exhibit 1 Proposed 2015 Energy Code Adoption Ordinance Exhibit 2 Power Point Presented to Contractors. COE and HaBSCo Exhibit 3 Council Power Point Presentation 2015 IECC Exhibit 4 DOE Cost Benefits Study Exhibit 5 Original Energy Code mandate Senate Bill 5 from the 77th Legislature Exhibit 6 HB 1736 from the 84th Legislative session Exhibit 7 IC3 Report 2012 IECC with COG Amendments Exhibit 8 IC3 Report 2012 IECC no COG Amendments Exhibit 9 IC3 Report 2015 IECC with COG Amendments Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. ID 16-917 Deliberations regarding a Personnel Matter under Government Code Section 551.074. Consultation, discussion, and deliberation about the duties and responsibilities of the position of the City Manager. Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to consider the following items: 1. ITEMS FOR INDIVIDUAL CONSIDERATION City ofDenton Page 1 Printed on 712 212 01 6 City Council Meeting Agenda July 26, 2016 A. ID 16-918 Consider approval of a resolution approving the selection of a firm to provide consulting services related to conducting an employment candidate search for the position of City Manager; authorizing the expenditure of funds therefor; and providing for an effective date. Attachments: Exhibit 1 Search Firm Resolution Exhibit 2 Memo to CC from Council Member Roden re search firms Exhibit 3 City Manager Job Description Exhibit 4 Waters and Company Proposal B. ADP16-0001c Consider approval of an Alternative Environmentally Sensitive Area (ESA) Plan for the Villages of Carmel Phase 4B. The subject property is generally located on the north side of Pockrus Page, east of Monte Verde Way, and west of Swisher Road. The Planning and Zoning Commission recommends approval (7-0). Attachments: Exhibit 1- Staff Analysis Exhibit 2- Location Map Exhibit 3- Zoning Map Exhibit 4- Future Land Use Map Exhibit 5- ESA Map Exhibit 6- Proposed ESA Plan Exhibit 7- Site Photos Exhibit 8- Notification Map & Responses Exhibit 9- June 8 Planning and Zoning Commission Minutes Exhibit 10- Draft Ordinnace Exhibit 11- Presentation 2. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2016 at o'clock (a.m.) (p.m.) CITY SECRETARY City ofDenton Page 2 Printed on 712 212 01 6 City Council Meeting Agenda July 26, 2016 NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 -RELAY -TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. City ofDenton Page 3 Printed on 712 212 01 6 City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON File #: ID 16-896, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Parks and Recreation CMIACM: John Cabrales, Jr. Date: July 26, 2016 SUBJECT Receive a report and hold a discussion regarding the adoption of the proposed City of Denton Public Art Master Plan. BACKGROUND 2006: City Council established the Public Art Committee, a council -advisory body comprised of seven City Council appointees, two appointees via the Greater Denton Arts Council (GDAC), of which the Executive Director serves as an ex -officio member, to be administered by the Parks and Recreation Department. 2013-2014: City Council allocated a total of $80,000 to commission the creation of Denton's first Public Art Master Plan (PAMP). The intent of the Master Plan is to coordinate the selection and guide the placement of Public Art, institute policies and procedures for the commission and acquisition of Public Art, and establish the overarching vision to cohesively integrate Public Art into the fabric of the City. 2015: City Council awarded a Professional Services Agreement (PSA) to Margaret Chalfant of Chalfant Consulting, former Executive Director of the Greater Denton Arts Council (GDAC), to develop a City of Denton Public Art Master Plan. Chalfant committed to engage the community, City residents, City officials, former and current members of the Public Art Committee (PAC), Convention and Visitors Bureau (CVB), City staff, and other interested parties in her effort to solicit broad -scale input. Public meetings were held; various websites highlighted and encouraged users to complete the Public Art Survey published online for three months via Facebook, Keep Denton Beautiful (KDB), Downtown Denton, and Denton Parks and Recreation. Chalfant's effort to gather input from multiple sources produced 1,672 completed Public Art Surveys. Chalfant also met with civic organizations to solicit input: Denton Independent School District (DISD) art teachers, University of North Texas (UNT), and the Texas Woman's University (TWU). The resulting Public Art Master Plan outlines recommendations for vision for Public Art in Denton, identifies potential Public Art opportunities, and provides structure for Denton's future Public Art. In April 2015, Chalfant unveiled the completed Public Art Master Plan to the Public Art Committee for consideration. The Public Art Committee unanimously recommended it be adopted as the City of Denton's first Public Art Master Plan. SUMMARY City of Denton Page 1 of 2 Printed on 7/22/2016 povveied by I_egivt9i IN File #: ID 16-896, Version: 1 City of Denton's Public Art Policy: "Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall he art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor created through special conditions by approval of the City of Denton, is not governed by this policy. " Public Art is funded with Hotel/Motel Occupancy Tax (HOT) funds and contributions via citizen -approved Bond Sales for Capital Improvement Programs (excluding Streets and Drainage). The purpose and benefit of Public Art is to enhance community aesthetics, create opportunities for citizens to experience art, showcase economic vitality, celebrate cultural diversity, and create a distinctive City identity. The Public Art Master Plan outlines the basic principles for the purchase, donation, and placement of art, and it provides the framework for the integration of Public Art into the City of Denton's architecture, gathering places, and landscapes. Related Key Focus Area: Safe, Livable and Family -Friendly Community. Related Goal: Provide and support outstanding leisure, cultural, and educational opportunities. EXHIBITS Public Art Master Plan Respectfully submitted: Emerson Vorel, Director Parks and Recreation City of Denton Page 2 of 2 Printed on 7/22/2016 povveied by I_egist9i I;, Exhibit I City of Denton Public Art Master Plan Prepared by Margaret Chalfant, Chalfant Consulting February 1016 Public Art Master Plan City of Denton, Texas The Legacy, Denton Enterprise Airport Carter, Quakertown Park Public Art Master Plan, 2016 Chalfant Consulting ABOUT DENTON: The City of Denton has been engaging the community over the past nine months to develop a Public Art Master Plan (PAMP). The PAMP provides residents, property owners, city officials and staff a framework for making sound decisions. The creation of the PAMP has involved collaboration between city staff, community organizations, business associations, property and business owners and managers, residents, and other stakeholders. The planning process involved working with these stakeholders to identify a vision and future direction for public art in Denton and to establish goals and action steps to implement the vision. Public meetings and an online survey provided opportunities for community input. The survey was optimized by the use of Facebook pages of Keep Denton Beautiful (KDB), Denton Parks, Recreation and Beautification Department, Downtown Denton, and Greater Denton Arts Council (GDAC). In June 2015, stakeholder meetings and focus groups began. Invitations were extended to members of the Parks, Recreation and Beautification Board, the Parks Foundation, former and current members of the Public Art Committee (PAC), Convention and Visitors Bureau (CVB), city staff and other interested parties. The public art survey was formulated and went online in early September. It ran for three months; the survey was taken by 1,672 persons. Of those, 573 gave email addresses and requested to be sent information on public art. This contact information has been given to the Parks, Recreation and Beautification Department to promote and inform these persons about public art in the city. During the fall, contact was made with civic organizations, Denton Independent School District (DISD) art teachers, University of North Texas (UNT), Texas Woman's University (TWU) and members of the general public to gain their input on public art. The City Council was brought up-to-date on the process. An outstanding cross-section of comments by was received from Dentonites. Data from the above sources helped to formulate the PAMP. One of the focus groups noted that Denton needed to be branded. Survey takers were asked to state one word that exemplified Denton to them. The diversity of answers reflected the eclectic and multi -faceted community that is Denton. There is simply not one asset that rises to the top that singularly states `this is Denton.' The public art should reflect the diversity of the city. THE DEFINITION OF PUBLIC ART The City of Denton Public Art Policy: "Public art, as defined by this policy, encompasses the broadest definition of visual art including all artistic disciplines. Public art governed by this policy shall be art that is visually or physically accessible to the public and that is acquired by, donated to, and approved by the City of Denton. Public art that is neither paid for with public funds, nor created through special conditions by approval of the City of Denton, is not governed by this policy." Public Art Master Plan, 2016 Chalfant Consulting ONLINE DATA COLLECTION AND RESULTS: The public art survey went online in September 2015 and ran through November 2015. It was administered by SWASH Labs. Listed below are the questions and results of the survey. Comments are included as to how to implement data for the PAMP. Question 1 Q1 Are .Denton y -. - - - t X M projects,public art -d in public facilities and city�ownecl public spaces throughout Yes No Conclusion: 9% 10% 20% 30% 40% 50% G{Y'.ti, 70% 80% 90% 100G; i, As the graph shows, 60% of those taking the survey were unaware of the public art collection in the City of Denton. This response indicates that the PAC should strengthen their efforts to educate citizens about the current collection and the value of public art in the city. The PAC should actively promote present pieces and gain more citizen involvement in future projects. In the last bond election, the committee reported that all sub -committees viewed funding for public art as very important. From this one may conclude that the community values their creative culture. Public art is an economic engine. It encourages cultural tourism. It has been shown that art adds to the tax base significantly when marketed properly. It adds to quality of life and serves as an enhancement for companies to locate in Denton. The arts are known to enhance the quality of education. Investment in public art brings many benefits to a community. 31 Public Art Master Plan, 2016 Chalfant Consulting Data indicates that the PAC should incorporate ways to educate the public as to the value and importance of public art and the contents of the current public art collection. Information about public art should be included in various reports to the citizens put out by the City. Use of the insert in the Denton Municipal Electric bills is a good example. Question 2 �'L r-PY-Ft7fW"R il I , T linE 771 ?re the most important goals for the Dentom Public Art Program to focus on? (Please check up to six goals.) Skipc-il 2 Welcome people to Denton an... Enhance Denton's may.,. Enhance the appearance o_ Anchor gathering.., Encourage the use of and... Elevate the importance o.-, Support and encourage Create whimsy and delight Revitaii.e n.ighb-h—d... Provide opportunitie..' Give voice to the unique Suppo,t the dri—icipmrmt .. Create an outlet for... Other (Please specify) 11 41 Public Art Master Plan, 2016 Chalfant Consulting Data shows that citizens believe the top goals should be: 1. To support the development of local artists and art forms. 2. Give voice to the unique culture history and spirit of Denton. 3. Create whimsy and delight in everyday places. 4. Create an outlet for community creativity and expression. 5. Revitalize neighborhoods and engage communities. 6. Provide opportunities for people to connect with art that enriches their lives. These goals may be accomplished by several methods. These goals and implementation are interwoven throughout this report. Question 3 chock up to six locations.) At major Oteways to The downtown UN1 fi int (4 1s _ ai�tt�f�7(�tD\. t �« r �t�( �1�f�y5 1�i � s��t rt����A�� % >'tk Ki.k— Strc y Benches at Hrnstt pink . ari-kart w Park and t8 e Ai.w7 Dghltolnys rrew ftkphways., As part of ne iUhborhood... tit rvew street i t in to EBF -rr nily faeM1HHtieg ,. At major pu"Ifc At major 6. -- - Pacfiit cs'— As part of Denton, Other(pteise fy) seer 1f}! 50"Al 601% 101%. 80%y� 1470%" Public Art Master Plan, 2016 Chalfant Consulting Data shows the top six locations are: 1. In community facilities, such as libraries, parks, recreation centers and senior centers. 2. The downtown Hickory Street Arts Corridor. 3. As part of neighborhood transportation projects, such as artist -designed pedestrian improvements and traffic calming. 4. At major gateways to the City. 5. Quakertown Park and the Civic Center. 6. At major public buildings such as City Hall. By definition public art is visual art that is located on or in properties owned by the City of Denton. However, art in public places is art in public view, but owned by private entities. As the Public Art Master Plan (PAMP) progressed, many of the locations mentioned in survey responses were addressed by the PAC. The Hickory Street Arts Corridor (the area from Locust to Bell) has become saturated with public art. It is beginning to be a source of visual clutter. Proposed artwork in front of the Central Fire Station will become an iconic piece worthy of national recognition. The Arts Walk of Fame will be framed with two poems by karla k morton, 2010 Texas State Poet Laureate. The work, November Devil by David Illes sits on the corner of Hickory and Locust. Above All Else, Integrity by George Cadell is located in the courtyard of City Hall East. There are murals on the eastern exterior wall of the Patterson -Appleton Arts Center. Quakertown Park now has several pieces of public art, i.e. Oh Be Joyful, Pops Carter and Festival in Motion. The Civic Center is home to the Historic Quakertown brick mural by local artist Paula Collins. City facilities contain artworks and poems from Passion, Art, Community: Denton, Texas in Word and Image. It is time to expand to other locations for public art outside the perimeters of the Hickory Street Arts Corridor. The Arts Corridor should be extended across Bell to the south east corner of Hickory and Exposition across from the Police Station at the site of the future Community Market. Many cities have used public art for traffic calming. Dialogue should begin with the Streets Division of the City as to how this can be accomplished and included in future public art commissions. Public art maybe used for placemaking. Signage designating areas or neighborhoods can be a joint project of the neighborhoods, PAC and KDB. In this project four or five neighborhoods would be selected each year. A committee made up of residents of the area, KDB, PAC, GDAC would work together on locations and designs. Local artists would be chosen and paid a stipend for their work. The signage should be of like size and materials for all neighborhoods. The designs would be presented to the PAC with final approval by City Council. These projects could be planned two or three years out and implemented in orderly succession using Hotel Occupancy Tax (HOT) funds. Signage would be on city easements. These projects would be 61 Public Art Master Plan, 2016 Chalfant Consulting considered temporary art projects with a limited life span. They would not be eligible for continued maintenance. When replacement is needed, the same process could be applied. City Hall contains many outstanding works of art by Denton area artists. The art exemplifies the tradition of the creative community from the 1930's forward. Works by outstanding female artists who taught at TWU as Carlotta Corpron and other nationally recognized artists have been added to the collection. They supply historic narrative and give depth to the collection and the history of Denton. Examples of Traffic Calming Art: City of Rochester/Boulevard Art Trompe 1'oeil 71 Public Art Master Plan, 2016 Chalfant Consulting Question 4 Provides visual.... Animates public space... Creates a large-scal'.e,.... Beautifies functional.., Reflects Denton's... Helps attract visitors and_.. Functions as a temporary... Other (pleas specify) Q4 I would like o see public:• ! your re 0% 10% 20% 36% 40'1,3 0% tiff% 70% fill% 90`;r, 100% Data shows the citizens would like downtown art to: 1. Beautifies functional elements in the streetscape (artist -designed benches, bike racks, crosswalks, wrapped traffic control boxes). 2. Provides visual surprises for people walking around downtown. 3. Animates public spaces and draws people downtown from all over Denton. During stakeholder and focus group meetings, there was marked interest in artist -designed or decorated benches, particularly at transportation stops by DCTA buses. This specifically addresses the downtown area, not only the Hickory Street Arts Corridor. Art should be used as an expansion tool for the downtown area. Comments included in the survey stated that too much space was being lost for pedestrians by the addition of bike racks and sculpture pieces that took up valuable walk space. As visual art expands off the Downtown Square, it is critical to allow ample space for pedestrian areas. Many cities have wrapped traffic control boxes with artist designed wraps. A perfect area to use this technique is Carroll Boulevard. This would expand visual art along a major thoroughfare. Cities using this technique have experienced outstanding results. The flavor of the city is captured by local artists. The wraps cost about $ 1,000 each. Public Art Master Plan, 2016 Chalfant Consulting Question 5 publicQ5 I would like to see ,, SPACESAND OPEN your top three.) Marks and enhances — Beautifies functional Provides a playful and_. Fosters awareness of... Encourages learning. and. - Other jplease specify) x,,. : i,r; Data shows citizens would like the following in parks and open spaces: 1. Provides a playful and interactive experience. 2. Beautifies functional elements (artist -designed benches, bike racks, crosswalks). 3. Encourages learning and exploration. Answers revealed that citizens would like fun, playful and exuberant art in the parks. Eureka 2 located in South Lakes Park was noted several times as a perfect place for art by and for children. Some noted that a sculpture of various ethnicities playing together would show Denton's diversity. Others thought that a playful wall with children's art would be appropriate. Currently the PAC is considering a project brought forward by DISD art teachers. Elementary schools would each produce a tile representing their school. These tiles would be a welcome wall to the park. This would bring children's art to South Lakes Park. Other ideas of a more playful, colorful installation were put forward. The Leap Frogs at North Lakes Park are an excellent example of whimsy and interactive play. Benches and kinetic pieces could be considered along running trails. The kinetic pieces could be reminiscent of those produced by Donald Knaack, the Junkman. Knaack is a trained percussionist and composer who performs on and composes for recycled materials exclusively. This could tie into Denton's `green programs' and reach out to the UNT College of Music to create a percussive joint artistic venture. Consideration could be given to invite Donald Knaack to come to Denton and begin the dialogue for the project with a return visit once the project is complete. 9 Public Art Master Plan, 2016 Chalfant Consulting Location of public art in parks. Leap Frogs in North Lakes Park Harmony in South Lakes Park Public Art Master Plan, 2016 Chalfant Consulting Question 6 government animal shelter) that... (Please check your • A Emphasizes the civ€c... Enhances the VIS{lal... Creates a street-lovel— Encourages people to sp... Result from engagement. . Embraces artistic.. Other (please specify) J% 10% 20% 30%, 40% 50% G(F% 70% 80% 90% 100°1 The survey revealed the citizens would like the following in civic buildings: 1. Artistic approaches, such as murals that build on the community's artistic traditions. 2. Enhances the visual appearance of these facilities. 3. Result from engagement between artists and the communities where the facilities are located. As city buildings are renovated or new ones built, 2% or 4% for art should be included. The last Capital Improvement Program (CIP) Bond election saw the inclusion of public art in many of the projects. The outstanding artworks in the new fire stations are examples of this. Murals could be painted, done in mosaics or stained glass. Collaboration between the City, the community where the facility is located, artists and the architects can achieve outstanding results and reflect various facets of the community. Dialogue between the citizens and PAC and all interested parties should be encouraged with an open forum on the site selection and type of artwork desired. Public Art Master Plan, 2016 Chalfant Consulting Question 7 Lcto pTbple k"oi heal th— aYs so 831i5b, ..b..tthe. if6t�` y . . ire cies vis tial caan�r�ctlums .. 4:realtis vis tsal C be —Jnycd Othol (Plotiso specify) WY, 117 r, 2,0 :ft}".ka 4011A, Sf!"% liC}°6> 70%, The citizens state that the gateways and major corridors should have art that: 1. Says something about the personality of Denton. 2. Can be enjoyed by drivers, transit riders, cyclists, and pedestrians alike. 3. Let's people know that they have arrived in a place that values creative, quality design. Major gateways to the city are excellent opportunities for a community to express who they are. A major piece of art could be located near the juncture of I-35 E and I-35 W. It could reflect the diversity that is Denton or the history of the area. An appropriate piece could focus on the history of the area i.e. the Butterfield Stage. Another historical concept would be a longhorn cattle drive. The Pioneer Plaza Cattle Drive, Dallas, Texas Public Art Master Plan, 2016 Chalfant Consulting Another area to be considered for public art is the City property on Dallas Drive near the Eagle Drive intersection. It runs from the overpass to the entry of Southeast Denton neighborhood. This area lends itself to a mosaic mural depicting all genres of art that encompass the Denton vibe. RECOMMENDATIONS: • The PAC should reflect representation of Denton's diverse cultural makeup. Composition should include citizens in business, education, volunteers and those interested in the arts. • An annual retreat of the PAC members and City staff to review the public arts policy and understand how the PAC functions within the framework of the City. It is recommended that this retreat be facilitated by an outside consultant. • In recent years the numbers of artists responding to the Request for Proposals (RFP) has been declining. Many cities have gone to a system of pre -vetting for both established and emerging artists. This enables projects to move forward quickly. Both Dallas and Fort Worth have approved lists of selected artists from which to work. Dallas has a working model of this system, as does Fort Worth. It is strongly recommended that this type of system be employed by Denton. Artists are given guidelines and encouraged to be listed. This is a benefit for the artists because (1) they are already approved for Denton commissions and (2) entities desiring to commission a specific type of art can use this list as a resource tool. Inclusion gives artists immediate credibility. In depth information on the Cultural Arts Department of Dallas has been given to City staff. It could easily be adapted for use by Denton. • Survey shows 60% of citizens were unaware of the public art collection. Better education and understanding of Denton's public art and its value to the community needs to be done. Public programs focusing on the outstanding pieces should be given. Each member of the PAC should have an `elevator speech' on the value of public art. Programs about public art should be offered to civic organizations around the city. A professional video/power point presentation for these programs would provide a valuable, visual tool. • Employment of a full-time Public Art Administrator for the City and/or the establishment of a Cultural Arts Department with in the City is necessary to achieve the goals stated in the PAMP. As the public art collection expands, it will be critical to have one person engaged in all facets of the program. • Fundinga line item in the City budget annually shows commitment to the program. This would be in addition to the annual HOT funds allocation. Grants should be sought on a local, state, national level. Collaborations with the art departments of UNT and TWU should be encouraged. Public art should be included in all voter approved bonds. 1,31 Public Art Master Plan, 2016 Chalfant Consulting • There should be a mechanism to build and add to maintenance funds for the public art collection. • User friendly, standalone PAC website --tied to City of Denton website by URL. This would be a showcase for the public arts. If possible, it should be tied to the universities and CVB... include maps for walking and riding tours. The website can facilitate education about the value of public art and the importance of public art to the community. LOCATIONS: • Eureka 2 Playground in South Lakes Park. • City Hall. • Central Fire Station. • Placemaking in neighborhoods. • Carroll Boulevard. • Hickory Street and Exposition future site of the Community Market. • Dallas Drive and Eagle Drive. • Cooperative projects with KDB, GDAC, City of Denton Water Department and Solid Waste Departments, Denton Municipal Electric, and neighborhood groups. A sub- committee comprised of PAC members and interested participants meet and begin dialogue on these projects. • Pieces of temporary nature i.e. pop up art; murals; placemaking signage—three-year paint over in contract. • Artistic wraps for traffic control boxes. The wraps would be designed by local artists and could be located at various places around the city. It would not be the responsibility of the City's Traffic Department to maintain the wraps. They would be considered temporary art and removed if defaced or damaged. Summer Haze, City Council Work Session Room Public Art Master Plan, 2016 Chalfant Consulting FIVE YEAR PLAN: Year 1 – Firefighter's Memorial—Central Fire Station funding-- Bond Election $ 200,000-250,000. Concept Renderings of 9/11 Firefighters Memorial Bell Tower, Central Fire Station The 9/11 Firefighters Memorial Bell Tower is reflective of the architectural style of Central Fire Station. It uses a piece from the World Trade Center and utilizes the fire bell from an earlier Denton Fire Station. The designer's fee has been donated for the project. It honors the bravery of firefighters. Structural engineering, lighting focus and other cost considerations are currently Public Art Master Plan, 2016 Chalfant Consulting under way on the project. The firemen are very pleased over the design. It will be an outstanding addition to anchor the Hickory Street Arts Corridor. Granite Slab Fountain, 2004 by Jesus Moroles located in the courtyard of City Hall Funding --Parks, Recreation and Beautification—Bond Election $ 135,000-150,000 Granite Slab Fountain, 2004 Jesus Moroles Concept of Granite Slab Fountain, 2004 City Hall courtyard Granite Slab Fountain, 2004 by Jesus Moroles. Jesus Moroles studied at UNT and became a world renowned sculptor. It was hoped that he would be commissioned to create an original piece for Denton. His untimely death in 2015 ended this dream. A private collector will sell/donate the Granite Slab Fountain, 2004 they commissioned from Jesus Moroles. The piece has been appraised for $ 80,000. This price does not reflect in the increase in value following his death. Moroles works sell for $ 300,000 and up. This piece will be a treasure to add to the City's art collection. The fee for the fountain does not include transport and installation. Public Art Master Plan, 2016 Chalfant Consulting Hiring of a full-time public art Administrator. Public art website up and running. Line Item, City Budget $ 45,000 HOT Funds $ 5,000 PAC Annual Retreat. $ 750-1,000 Year 2 City of Denton Landfill at ECO-W.E.R.C.S.—Sculpture made from recycled materials HOT funds and the City of Denton Landfill at ECO-W.E.R.C.S. $ 50,000-75,000 White House Millennium Project, Lawton, Oklahoma The City of Denton's award-winning Landfill at ECO-W.E.R.C.S. has requested a piece of public art. This could be an outstanding project using the style of Donald Knaack, mentioned above. The project would be inclusive of design, musicality and expand many possibilities for citizens to be involved. This project would be collaboration between PAC/UNT College of Music/UNT College of Visual Art and Design. Placemaking signage. HOT Funds $ 500- 1,000 Artist embellished benches for the Downtown Area expansion of public art. $ 1,500-3,000 Local stores/companies could fund a small stipend to an artist to paint a bench or design a wrap for traffic control boxes. Possible collaborators could be DCTA, businesses, KDB, PAC and GDAC. The City would purchase benches that were compliant with ordinances and ADA requirements. Local businesses or citizens would pay a stipend to an artist of $ 100 for the art work. All designs would need approval of the PAC and City Council. A full-time public art Administrator. PAC Annual Retreat. 1,71 Public Art Master Plan, 2016 Line Item, City Budget $ 45,000 $ 750-1,000 Chalfant Consulting Year 3— Eureka 2 Playground in South Lakes Park Parks, Recreation and Beautification Department. $ 50,000- 75,000 Collaborate with DISD elementary art teachers to produce interactive work. This project would engage another facet of the Denton arts community. Placemaking signage and utility box wraps would continue. $ 4,500-7,000 Traffic calming options tested. $ 1,500-3,000 A full-time public art Administrator. PAC Annual Retreat. Line Item, City Budget $ 45,000 $ 750-1,000 PAC involved in the planning of the proposed City Hall. A minimum of 2% of the project should be dedicated to public art. Citizen education for the project should begin. Year 4— Work in conjunction with the Convention Center planners for public art to be part of the project. An outstanding example is in the Fort Worth Convention Center. The suspended star sculpture is made of hats of Fort Worth citizens. It is a point of pride for the citizens and an important statement of what Fort Worth represents. This type of project could become an iconic piece for Denton. Planning begins for a significant gateway piece of historic nature. The Butterfield Stage or a longhorn cattle drive would be outstanding subjects. This will take at least two years to formulate and execute. The accumulation of HOT funds for the project should be requested as well as additional monies from the City budget. Begin plans to update the Master Plan. PAC involved in the planning of the proposed City Hall. A minimum of 2% of the project should be dedicated to public art. Plans for Citizen Involvement begun. Public Art Master Plan, 2016 Chalfant Consulting Public Art Administrator. Line Item, City Budget. Placemaking signage and utility box wraps. Traffic calming options. PAC Annual Retreat. Year 5— New Master Plan completed. $ 45,000-50,000 $ 4,500-7,000 $ 1,500-3,000 $ 750-1,000 Continued PAC involvement in the planning of the proposed City Hall. A minimum of 2% of the project should be dedicated to public art. Plans for citizen involvement initiated. Significant Gateway piece finished and dedicated. Public Art Coordinator. PAC Annual Retreat. Placemaking signage and utility box wraps continue. Traffic calming options. Current locations for public art: • Downtown. • Courtyard of the City Hall. • Central Fire Station. Future sites: • Eureka 2 at South Lakes Park. • Denton Municipal City of Denton Landfill at ECO-W.E.R.K.S. • Running trails. • Benches at transit stops and downtown. • Community Market site. • Neighborhoods. • Traffic control boxes, beginning with Carroll Boulevard. • Traffic calming intersections. • Convention Center. • Gateway. $ 45,000 – 50,000 $ 750-1,000 $ 4,500-7,000 $ 1,500-3,000 191 Public Art Master Plan, 2016 Chalfant Consulting OBSERVATIONS: Hickory Street Arts Corridor is becoming saturated with art. Visual clutter will not enhance the public art pieces that now exist and are currently proposed. To avoid the visual clutter; expand downtown arts to nearby streets. Make the entire downtown area appealing by use of murals, utility box wraps and artistic benches. Public art should serve all people in each area of the city. The placemaking signage will aid in reaching this goal. After an artist receives a commission or purchase of their work; that artist is ineligible for consideration for three years. Look toward diversity of artists and projects. Funding should include grants, joint ventures, line item funding annually and the building of a $ 500,000 public art fund for future major undertakings. Maintenance should begin three years following installation. An evaluation of reviewing current pieces should happen each year. Documentation of evaluations should be kept on all pieces. Forms developed for evaluations, accessions, and deaccessions. FINAL COMMENTS: Denton has a reputation for being an arts and cultural center. A solid foundation has been built for public art over the past ten years. The leadership in Denton should be commended for understanding the importance of public art. Continued orderly growth will insure that the future of public art will flourish. Historic Quakertown, Civic Center 201 Public Art Master Plan, 2016 Chalfant Consulting ACKNOWLEDGEMENTS: The City of Denton Public Art Master Plan is the product of the hard work and creative input of many people. I appreciate the thoughtfulness, time and energy contributed by numerous stakeholders, focus groups, citizens and representatives from the City. The Denton City Council Mayor Chris Watts Kevin Roden, District 1 Keely Briggs, District 2 Kathleen Wazny, District 3 Joey Hawkins, District 4 Dalton Gregory, At Large Place 5 Greg Johnson, At Large Place 6 City of Denton John Cabrales, Jr., Assistant City Manager Emerson Vorel, Director Parks and Recreation Department Janie McLeod, Community Events Coordinator The Public Art Committee Jim Clement, Chair Millie Giles Gerri Veeder Frank Mayhew Mike Barrow Guy Bruggeman Glen Farris George Neil Bryan Wheeler Tracy Bays -Booth, ex -officio GDAC Denton Parks Foundation Parks, Recreation and Beautification Board Keep Denton Beautiful Greater Denton Arts Council Downtown Denton Main Street Association SWASH Labs Margaret Edge Chalfant Chalfant Consulting chalfantconsultant@gmail.com 940-300-3544 all Public Art Master Plan, 2016 Chalfant Consulting City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON File #: ID 16-906, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Development Services CM/ ACM: Jon Fortune Date: July 26, 2016 SUBJECT Receive a report, hold a discussion and give staff direction regarding an ordinance to adopt the 2015 International Energy Conservation Code (IECC) as amended by the City. BACKGROUND With the adoption of S135 by the 77' legislature in May of 2001, the State of Texas adopted the first statewide energy code in Texas. The 2000 version of the International Energy Conservation Code (IECC) went into effect on September 1, 2001. As a part of this legislation, the legislature mandated that all counties in Texas which were designated as non -attainment areas by the EPA, as well as several counties surrounding these areas which they designated as "affected counties", must adopt an energy code which is at least as stringent as that adopted by the state. In order to insure compliance, the legislation required that any proposed amendments to the code in these areas be submitted for review to the Energy Systems Laboratory (ESL) at Texas A&M University for review and approval to insure that they would not result in a code that was less stringent than that adopted by the state. In June of 2010 the State of Texas updated the statewide code to the 2009 version of the IECC which went into effect on April 1, 2011. City of Denton Code History The following is a brief chronology of the code adoption history in the City of Denton. November 27, 2001 Adopted the 2000 IECC with no above code requirement. February 7, 2006 Adopted the 2003 IECC with 10% above code requirement. February 3, 2009 Adopted the 2006 IECC with 10% above code requirement. September 11, 2012 Adopted the 2009 IECC with 10% above code requirement. April 1, 2014 Adopted the 2012 IECC with 4% above code requirement. Current Adoption The 2015 International Energy Conservation Code (IECC) was published by the International Code Council (ICC) in the first quarter of 2015. Upon publication, the Energy Code board of the North Central Texas Council of Governments (COG) reviewed the Code and recommended several significant amendments. The COG amendments were then reviewed by the Energy Systems Laboratory at Texas A&M and deemed to be equivalent to the 2009 IECC which is the version of the IECC that is currently enforced in the State of Texas. City of Denton Page 1 of 3 Printed on 7/22/2016 povveied by I_egivt9i IN File #: ID 16-906, Version: 1 In May of 2015, the Texas Legislature passed House Bill 1736 establishing Chapter 11 of the 2015 International Residential Code as the energy code for residential construction within the state with an effective date of September 1, 2016. It also gave the State Energy Conservation Office (SECO) the authority to adopt the latest edition of the IECC for all other construction. SECO used this authority and adopted the 2015 IECC as the energy code for the State of Texas for commercial structures with an effective date of November 1, 2016. SECO published this notice in the January 1, 2016 edition of the Texas register. In light of this notice, the Energy Systems Laboratory again reviewed the proposed COG amendments and found that 3 sections of the amendments dealing with the air leakage allowances and insulation values in exterior walls were not equivalent to the 2015 IECC and IRC and advised all COG members of this determination. The amendments were then published to the municipalities within this 16 -county North Central Texas region for consideration of adoption with notations that these 3 sections would no longer be valid once the 2015 Code became effective. The City of Denton Building Inspections staff began reviewing the COG amendments in the first quarter of 2016 anticipating adopting the code by September 1, 2016. The 3 sections noted by ESL as non-compliant were removed from the amendments at that time. On June 29, 2016, the amended 2015 International Energy Conservation Code was presented to area professionals including builders, contractors, plumbers, mechanical contractors, architects, and engineers. The presentation highlighted the most significant changes from the 2012 code to the 2015 version of the code which were received well by the attendants. At that time, those present recommended the adoption of the 2015 IECC as written with no minimum above code requirements. In April and June of this year, City of Denton Building Inspection staff hosted 8 half day 2015 Energy Code workshops sponsored by the State Energy Conservation Office (SECO) and presented by Apple Energy. These workshops were designed to provide information to contractors, builders, architects, engineers and code officials to help them prepare for the upcoming changes to the code. More than 200 people attended these training classes. On June 23, 2016 the draft ordinance of the 2015 International Energy Conservation Code was presented to the Health and Building Standards Commission (HaBSCo) for a recommendation as to whether to continue with our current above code requirement or simply propose adoption of the code as written and amended by COG. Their recommendation was to proceed with the current 4% above code requirements. On July 21, 2016, the final proposed ordinance adopting the 2015 International Energy Conservation Code will be presented to the Health and Building Standards Commission (HaBSCo) for a formal recommendation to Council along with the presentation given to the contractors. FISCAL IMPACT Staff does not anticipate any fiscal impact as a result of adopting this code OPTIONS I. Direct staff to proceed with formal adoption of the 2015 Energy Code 2. Request more information about the 2015 Energy Code 3. Postpone consideration 4. Table item for future consideration RECOMMENDATION Staff recoimmends that the City Council adopt the 2015 International Energy Conservation Code along with staff recommended amendments. City of Denton Page 2 of 3 Printed on 7/22/2016 povveied by I_egist9i I;, File M ID 16-906, Version: 1 EXHIBIT 1. Proposed 2015 Energy Code Adoption Ordinance 2. Power Point Presented to Contractors, COE and HaBSCo 3. Council Power Point Presentation 2015 IECC 4. DOE Cost Benefits Study 5. Original Energy Code mandate (Senate Bill 5) from the 77" Legislature 6. HB 1736 from the 84" Legislative session 7. IC3 Report 2012 IECC with COG Amendments 8. IC3 Report 2012 IECC no COG Amendments 9. IC3 Report 2015 IECC with COG Amendments Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Rodney Patterson, Building Official City of Denton Page 3 of 3 Printed on 7/22/2016 povveied by I_egist9i I;, ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 28, SPECIFICALLY SECTIONS 28-253 AND 28-254, OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL; PROVIDING FOR AMENDMENTS THERETO; PROVIDING A PENALTY FOR VIOLATION OF A FINE NOT TO EXCEED 52,000.00; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON TEXAS HEREBY ORDAINS: SECTION 1. Chapter 28, Section 28-253 of the Code or Ordinances of the City of Denton is hereby amended in its entirety to read as follows: Sec. 28-253. Adoption of the energy conservation code. The International Energy Conservation Code, 2015 edition as published by the International Code Council is hereby adopted and designated as the energy conservation code for the city subject to the deletions and amendments enumerated in section 28-254. A copy of this code shall be maintained in the Office of the City Secretary and be available for public inspection. :1mrMoreLfi (1) Section CI 02/11102; add Section C102.1.2 and R102.1.2 to read as follows: C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. R102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Code Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2 -family dwelling shall be tested for air and duct leakage as prescribed in Section R402.4 and R403.3.3 respectively. (2) Section C202 and R202; add the following definition: Projection Factor. The ratio of the horizontal depth of the overhang, eave or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device. (3) Section R202; add the following definition: DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change it performance properties, including U -factor, solar heat gain coefficient (SHGC), or visible transmittance (VT). (4) Section R402.3.2 Glazed fenestration SHGC; amend by adding a paragraph and table following the exception to read as follows: Where vertical fenestration is shaded by an overhang, eave, or permanently attached shading device, the SHGC required in Table R402.1.2 shall be reduced by using the multipliers in Table R402.3.2 SHGC Multipliers for Permanent Projections. Table R402.3.2 SHGC Multipliers for Permanent Projections a Projection Factor SHGC Multiplier (all Other Orientation) SHGC Multiplier (North Oriented) 0-0.10 1.00 1.00 >0.10 - 0.20 0.91 0.95 >0.20 - 0.30 0.82 0.91 >0.30 - 0.40 0.74 0.87 >0.40 - 0.50 0.67 0.84 >0.50 - 0.60 0.61 0.81 >0.60 - 0.70 0.56 0.78 >0.70 - 0.80 0.51 0.76 >0.80 - 0.90 0.47 0.75 >0.90 - 1.00 0.44 0.73 a North oriented means within 45 degrees of true north. (5) R402.4.1.2 Testing; Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform air infiltration testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (6) R403.3.3 Duct Testing (Mandatory);Add a last paragraph to read as follows: Mandatory testing shall only be performed by individuals that are certified to perform duct testing leakage testing certified by national or state organizations as approved by the building official. The certified individuals must be an independent third -party entity, and may not be employed; or have any financial interest in the company that constructs the structure. (7) Section C402.2.7/R402.2; Add Section C402.2.9 and R402.2.14 to read as follows: Section C402.2.7/R402.2.14 Insulation installed in walls. To insure that insulation remains in place, insulation installed in walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing, or other equivalent material approved by the building official. (8) Section R405.4.2.1 add the following: 5. Name, phone number, and certification number of the individual completing the compliance report. The preparer of the compliance report shall possess one of the following certifications: ICC (International Code Council) Commercial Energy Plans Examiner, ICC (International Code Council) Residential Energy Inspector/Plans Examiner, HERS (Home Energy Rating) rater, or may be a Texas Registered Architect or Texas Licensed Professional Engineer. (9) Section R405.4.2.2 add the following: 4. (Remainder unchanged)... attached to a City of Denton Energy Compliance form. (10) Section R405.6.2; add the following sentence to the end ofparagraph: Acceptable performance software simulation tools may include, but are not limited to, REM Rate, Energy Gauge and I0. Other performance software programs accredited by RESNET BESTEST and having the ability to provide a report as outlined in R405.4.2 may also be deemed acceptable performance simulation programs and may be considered by the building official. (11) TABLE R406.4 MAXIMUM ENERGY RATING INDEX; amend to read as follows: TABLE R406.41 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 65 TABLE R406.42 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 63 2 The table is effective from September 1, 2019 to August 31, 2022. TABLE R406.43 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 3 59 i ilio 1 io v..vvvi vv vii vl a.. v— -'F wiiivv. , -- (12) C407.4.2 Additional Documentation; add the following: 6. Compliance reports, all additional documentation, and a final compliance and commissioning verification report shall be prepared by a qualified third party energy verifier. The third party energy verifier shall include his name, phone number, and certification number on each document provided to the City. The third party verifier shall be certified with one of the following certifications: ICC (International Code Council) Commercial Energy Plans Examiner, ICC (International Code Council) Commercial Energy Inspector, HERS (Home Energy Rating) rater, or may be a Texas Registered Architect or Texas Licensed Professional Engineer. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. That all provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed, and all other provisions of the ordinances of the City or Denton, not in conflict with the provision of this ordinance, shall remain in full force and effect. SECTION 5. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not to exceed two thousand dollars (52,000.00). Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offence. SECTION 6. That this ordinance shall become effective September 1, 2016 and the City secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this, the day of , 2016 CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ICi•/I APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY C 1pk C: 0 • 4-j a -j m �. s 0 E cn Q � vi O ~ O •`n O w O 0) " c� a) J Om cn-0 �� - s O ._ m U- ce s LU v E i O os cn � •N Q vi � � � m w O LL = O cn s _ M O U C0 Ln cd X 4J .r A O �4 � � Q U � — ca U 0 J O t0 � a� LU p 'E O s rd .0 rz� � V s O °J — E U O aj o i EZ > u t ro O = 0-0 O =3u c� rz O E u O C:r v _rz�' _ O O �� u 4-a Ln Eco=3E cz C L as--+ C: ate., as--+ O cz un 4 2 > m rz O ^, 07 'C:O ^� 07 > 0 U(3)` V N S M� i a -J C: _0 i 4J _0 " 1 3 'u 'N " 1 3 � ��-+ UON O O o "%%a..0 rC'� c:E C: -- W 0� a� -0 umml .0 Q O 0= m — O �— ► ,p E ��� 4--Jcn LIM) ro CD U; > vi O O 0 4-J �4-J EO ._ 4-J '4, C� rz a--+ E�.�� O 0 Ln rz 4-j DC O Ln Ln C oC . - 4-j Ln� O O S N �0 �+�� V ULn tz- 0— Ln u O ._ O � � O U Ln LU 0c 4-J0 c� O O V V '4 -+ U11 4J V 4J 4J 4-J 4J 4J 0 Ln Ln c� N � O CC ZZ V avIlic lir Q ZZ •O cd 4J O L - 0L O cn s rd 0L •O V W TR O Ln U � � L O O .— Ln E O o a� s � 4-00 � C: O � 4V U4-0ELn Ln Cn +j(D • - .— cm Ln C:0 o --+ aa--+ • � � a) 6 a� U � � cv rn o o o Ln rn �' d' • LLI V o 07 V U'- V r,z�— E LO C) cv Lu CD z a, z •— a, N Q'i (J6 ti) Vi 4-J • � O O O Ln _O EE�+ 4J O Ln > — Rt O cn C: c� E a--+ . — — V � ® ' � cn 4J qj 07 0) • — M V E -0 Ln U Orzft 4-j C:-0 aV O 0 .— = +J Ln a� _0 +a O ,,r 'a- Ln V V 0 4-j — 0 tri cn 0 0 . — 0 L E 4c: 4-J aV EE oc'�s W .- V '1 W E s M � Ln ar.00 (,0 W v W � N .� 4-J .. L V � M ni E `n M Ln V '- L O-0 Ln N 4-+ • — E 12 4-0 4-0 E o '> E Ez •- s cn 07o-0 � �� N O � � O rz CV O O cn rn � O U d' 4J � Ln � V � �E E 0 rIQ �, ��� Im C L- 0 4 - Ln i Ln (1) Ln Ln i 4-J Ln Ln s 0 V V) Ln s X 00 s s s .3 aJ Q V) Q E 0 0 E v; E O E a� 07 a 4- u z R 4- u a E a at� :3 E o� u� Ln O a� • o 4-J Q a-J L/) Ln U O�� ooqj 0 �a� I v N 4-JN V Ln 4J C 4-J 4� O Ln ICU U �a C:a)ON U �� E 0a�� LU Ln E O Ln Ln Ln 1° Qj s Ln N 0 V qu O CV % Z • gin V U U LU L11 O N 4- C: 0-1 C: -�-z 0 c� V 4-j �.j Ln V O 4-j V Ln 00 4- V Ln 4J �4-0 a� Ln E " 0 0Ln 4J N E� L Z m c� 4 tn qj �C 0 S ,O v avIlic W ■ - 4-% Ln cz O cn •O � V� 4-j �.j Ln V O 4-j V Ln 00 4- V 4 4J �4-j a� Ln E " � 0 (V Ln � � V a�Lnz r� U U LU L11 0 N O Ln s re O V 4J Ln L� a� E 4--J L O Ln '- - O O EV Ln CLC) •— '�+ O M cn E Ln c� O 4-j V moo tab Ln V Q V O Ln LA v 4J c10Q.� Ln Ln c: cVO C O In •� V O O Vs'Z Ln V 4� +� 4J Q Ln Ln Ocn c1 V c: Ln O . 4- cd Q V z O-0 VA r4-1 4-, • � � V CL 4J -- .� Ln cd V4-J V) V � VA VA 4 4-J Q EE a� �N4-J �ar-00 ELU V CS E opo 4-j a�� �a4-j ES ILI cn O rz i NO El psi 0 cn 4-J .� r4- J •— O tA C Ln s V •� •O CY) 4_jO co 4-J 4-, s c L - ZZ E 4-J .Ln 4J Ln „ cn .. 4J • — ® a--+ 4J 7O � tri • O O LnO t rz L�--0 a O v� CL � > 4-J•— cn L4n Q � O •— 4J — M Ec� UOp O '— •� V LU w O 4J }-' � ' Ln c� E c� c1 cd E a--+ -0 c1 O Ln V O c" O V cn p M " V M Q V s 0- 0- m M W � n'j c 'I � t' P• rn � �m u — 97, 6 2 i v A " r m y �a5 � c � � rn � �m u — O .4-J rd ' > V) In — C: rd z `- rd- cd0 I O 1 � u '> (1) U 2d 4-J 4-J O V) � E u 'L L L Ln Ln Ln O� U- O T // T � J T E 4 r . � E ro a E Ecu E O •� O ~Q Q�U 0 cnU LU CL I Al -1 Em Ad AE /Ix -C m SL Ix ■ ) / \ IL 2#4zr �l LEZ}/] m I ,z Irl"U'll Ln 4-J M., m I 0 u C: 4-J 0 4-1 Ln U ou 0 u LU u C"*4 0 o 4-J r* -4 4-J M., m I 0 u C: 4-J 0 4-1 Ln PNNL-24240 Natibnal Cost-Effecti'veness of the Residential Provisions of the 2015 IECC June 2015 VV Mendon A Selvacanabady M Zhao ZT Taylor DEPAR MENT OF Prepared for the Y.S. Department of Energy 9'NE'RGY under Contract DE-AC05-76RL01830 DISCLAIMER This report was prepared as an account of work ,sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor Battelle Memorial Institute, nor any of their employees, inakes, any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any i"forniation, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or unply its endorsement, recommendation, or favoring by the United States (iovejuniont or any agency thereof. or Battelle Memorial Institute. The views and opinions ofauthors expressed hercin do not necessarily state or reflect those ofthe United States Government or any agency thereof. PACIFIC NORTI m"s'r NATIONAL LABORATORY o1wrated bY BATITLIT for the UNFIED STATIS ]ATA RTMENTOFFNIRGY under Contract DE'-AC05-�6RL01830 Printed in the United States ofAmerica Available to DOF and DOE contractors from the Office. of'scientific andTechnicl Information. P.O. Box 62, Oak Ridge, 1'.N 37H31 -01162; ph; (865) 576-8401 fax: (865) 576-5728 email: reports(kadonis.osti.gov Available to the p"blic from the Ntio".]Techiral Information Service, Port RoyAlRd_,Sj.rkuMJeld,VA 22161 ph; (800) 553-6847 fax: (703) 605-6900 emaik orders(ii ntis.fedworld.gov online ordering: http:llw�w.ntis-gtmvlordering.htin C9This doCtanenL was printed on recycled paper. (KM) PNNL-24240 National Cost -Effectiveness of the Residential Provisions of the 2015 I ECC VV Mendon A Selvacanabady M Zhao ZT Taylor June 2015 Prepared for the U.S. Department of Energy under Contract DE-AC05-76RLO1830 Pacific Northwest National Laboratory Richland, Washington 99352 Executive Summary The U.S. Department of Energy (DOE) Building Energy Codes Program (BECP) supports the development and implementation of model building energy codes and standards for new residential and commercial construction. These codes set the minimum requirements for energy-efficient building design and construction and impact energy use over the life of the buildings. Building energy codes are developed through consensus -based public processes. DOE participates in the code development process by recommending technologically feasible and economically justified energy efficiency measures for inclusion in the latest model codes. Ensuring the cost-effectiveness of model code changes also encourages their adoption and implementation at the state and local levels. Pacific Northwest National Laboratory (PNNL) conducted this analysis to support DOE in evaluating the energy and economic impacts associated with updated codes in residential buildings. This analysis focuses on one- and two-family dwellings, townhomes, and low-rise multifamily residential buildings based on the International Energy Conservation Code (IECC). The IECC is developed by the International Code Council (ICC) on a 3 -year cycle through a public development and public hearing process'. While proponents of code changes often include the energy and cost- effectiveness criteria for their respective code change, the IECC process does not include an energy or cost-effectiveness analysis of the entire edition of the code. PNNL evaluated the cost-effectiveness of the changes in the prescriptive and mandatory residential provisions of the 2015 edition of the IECC, hereafter referred to as the 2015 IECC, compared to those in the 2012 and 2009 IECC. The simulated performance path and the Energy Rating Index (ERI) path (introduced in the 2015 IECC) are not considered in this analysis due to the wide variation in building construction characteristics they allow. The process of examining the cost-effectiveness of the code changes has three main parts: • Identification of the building components affected by the updates to the prescriptive and mandatory residential provisions of the IECC • Assessment of construction costs associated with these updates • Cost-effectiveness analysis of the updates using the incremental costs of these updates and the associated energy impact The current analysis builds on the PNNL technical report titled 2015 IECC: Energy Savings Analysis (Mendon et al. 2015) which identified the prescriptive and mandatory changes introduced by the 2015 IECC compared to the 2012 IECC and determined their energy savings impact. Because many states are still using the 2009 edition of the IECC (or equivalent), additional energy analyses are conducted to develop energy savings estimates for the 2015 IECC compared to the 2009 IECC using the 15 IECC climate zones and moisture regimes. DOE has an established methodology for determining the energy savings and cost-effectiveness of residential building energy codes (Taylor et al. 2012). This methodology forms the basis of the present ' See http://www.icesafe.org/about-icc%verview/abouz-international-code-council / ill analysis and defines three cost-effectiveness metrics to be calculated in assessing cost-effectiveness of code changes: • Life Cycle Cost (LCC) • Simple Payback • Cash Flow Table ES.1 summarizes the weighted LCC savings per home for the 2015 IECC over the 2012 and 2009 IECC for each climate zone aggregated over all residential prototype buildings. Tables ES.2 and ES.3 summarize the associated simple payback periods and impacts on consumer cash -flows. The results show that construction based on the 2015 IECC is cost-effective when compared to construction based on the 2012 and 2009 IECC across all climate zones. Simple payback ranges from immediate to 3.8 years for construction based on the 2015 IECC when compared to construction based on the 2012 IECC and from 2.2 to 8.1 years when compared to construction based on the 2009 IECC. In all cases, homeowners see positive cash flows in less than two years. Table ES.1. Life Cycle Cost Savings for the 2015 IECC Compared to the 2012 IECC Compared to the 2009 IECC Climate Zone (S/residence-yr) (S/residence-yr) 1 +193 +4,418 2 +119 +5,725 3 +156 +6,569 4 +154 +8,088 5 +153 +7,697 6 +142 +11,231 7 +200 +17,525 8 +438 +24,003 Table ES.2. Simple Payback Period for the 2015 IECC Compared to the 2012 IECC Compared to the 2009 IECC Climate Zone (Years) (Years) 1 0.0 6.6 2 3.8 8.1 3 3.4 7.9 4 1.4 5.1 5 1.6 3.9 6 1.0 4.9 7 0.0 3.1 8 0.2 2.2 1v Table ES.3. Impacts on Consumers' Cash Flow from Compliance with the 2015 IECC ki Compared to the 2012 IECC Compared to the 2009 IECC Net Annual Cash Net Annual Cash Flow Savings Years to Cumulative Flow Savings Years to Cumulative Climate Zone (for Year 1) Positive Cash Flow (for Year 1) Positive Cash Flow 1 +$ 13 0 +$ 103 1 2 +$5 1 +$103 2 3 +S6 0 +$ 125 2 4 +$7 0 +$236 1 5 +S5 0 +S263 1 6 +$6 0 +$340 1 7 +$ 8 0 +S672 0 8 +$ 18 0 +$1,024 0 ki Acknowledgements This report was prepared by Pacific Northwest National Laboratory (PNNL) for the U.S. Department of Energy (DOE) Building Energy Codes Program. The authors would like to thank David Cohan and Jeremy Williams at DOE for providing oversight and guidance throughout the project. The authors would like to thank Reid Hart at PNNL for providing a detailed technical review of cost estimates and the analysis results and Bing Liu, Manager of the Building Energy Codes Program at PNNL, for insightful comments on the contents of the report. vi Acronyms and Abbreviations ACH50 air changes at 50 -pascal pressure differential ASHRAE American Society of Heating, Refrigerating and Air -Conditioning Engineers BC3 Building Component Cost Community BECP Building Energy Codes Program Btu British thermal unit(s) CF cubic foot (feet) CFM cubic feet per minute CPI Consumer Price Index DOE U.S. Department of Energy ECPA Energy Conservation and Production Act EIA Energy Information Administration ERI Energy Rating Index EUI Energy Use Intensity OF degree(s) Fahrenheit ft2 square foot(feet) hr hour(s) ICC International Code Council IECC International Energy Conservation Code IPC International Plumbing Code IRC International Residential Code kWh kilowatt-hour(s) LCC life cycle cost MEC Model Energy Code million Btu million British thermal units PID proportional, integral, derivative PNNL Pacific Northwest National Laboratory SHGC solar heat gain coefficient yr year(s) vii Contents ExecutiveSummary .......................................................................................................................... iii Acknowledgements............................................................................................................................vi Acronymsand Abbreviations...........................................................................................................vii Contents.......................................................................................................................................... viii Figures................................................................................................................................................x Tables..................................................................................................................................................x 1.0 Introduction.............................................................................................................................1.1 1.1 Purpose............................................................................................................................1.1 1.2 Overview.........................................................................................................................1.2 1.2.1 Building Prototypes..............................................................................................1.2 1.2.2 Climate Locations................................................................................................1.3 1.2.3 Weighting Factors................................................................................................1.4 1.3 Report Contents and Organization..................................................................................1.8 2.0 Changes Introduced in the 2015 IECC....................................................................................2.1 3.0 Construction Cost Estimates....................................................................................................3.1 3.1 Methodology...................................................................................................................3.1 3.2 Incremental Cost Estimates for New Provisions of the 2015 IECC................................3.1 3.2.1 Alternative Requirements for a New "Tropical" Climate Zone ...........................3.1 3.2.2 Insulation Requirements for Return Ducts in Attics............................................3.2 3.2.3 DHW Pipe Insulation Requirements....................................................................3.3 3.2.4 Demand -Activated Control for Recirculating Systems........................................3.3 3.2.5 Outdoor Air Temperature Setback Control for Hot -Water Boilers ...................... 3.4 3.3 Summary of Incremental Costs.......................................................................................3.5 4.0 Economic Analysis..................................................................................................................4.1 4.1 DOE Residential Cost-effectiveness Methodology.........................................................4.1 4.2 Fuel Prices and Escalation Rates.....................................................................................4.2 4.3 Energy Cost Savings.......................................................................................................4.2 4.4 Life Cycle Cost................................................................................................................4.3 4.5 Simple Payback...............................................................................................................4.3 4.6 Cash Flow........................................................................................................................4.4 5.0 Conclusions.............................................................................................................................5.1 6.0 References...............................................................................................................................6.1 Appendix A — Prototype Building Model Description....................................................................6.1 A.I. Single -Family Prototype Model............................................................................................. A.1 A.2. Multifamily Prototype Model................................................................................................ A.7 A.3. Schedules............................................................................................................................. A.13 viii A.4. Internal Gains Assumptions................................................................................................. A.16 Appendix B — Disaggregated Energy Costs and Life Cycle Cost Savings................................... A.18 ix Figures Figure 1. 1. Current Residential Building Energy Code Adoption Status in the U.S......................1.2 Figure1.2. Climate Zone Map........................................................................................................1.4 Tables Table ES. I. Life Cycle Cost Savings for the 2015 IECC..................................................................iv Table ES.2. Simple Payback Period for the 2015 IECC...................................................................iv Table ES.3. Impacts on Consumers' Cash Flow from Compliance with the 2015 IECC..................v Table 1.1. Residential Prototype Building Types...........................................................................1.3 Table 1.2. Weighting Factors by Building Type.............................................................................1.4 Table 1.3. Weighting Factors by Foundation Type.........................................................................1.5 Table 1.4. Weighting Factors by Heating System..........................................................................1.5 Table 1.5. Weighting Factors by Climate Zone..............................................................................1.5 Table 1.6. Weighting Factors for the Residential Prototype Building Models by Climate Zone (CZ)..........................................................................................................................................1.6 Table 2.1. Approved Code Change Proposals with Quantified Energy Impacts ............................2.1 Table 3.1. Construction Cost Increase of the New Provisions of the 2015 IECC ...........................3.5 Table 3.2. Total Construction Cost Increase for the 2015 IECC Compared to the 2012 IECC ...... 3.6 Table 3.3. Total Construction Cost Increase for the 2015 IECC Compared to the 2009 IECC ...... 3.6 Table 4.1. Summary of Current Economic Parameters Used in Analysis......................................4.1 Table 4.2. Average Annual Energy Costs Savings for the 2015 IECC...........................................4.2 Table 4.3. Life Cycle Cost Savings for the 2015 IECC..................................................................4.3 Table 4.4. Simple Payback Period for the 2015 IECC....................................................................4.4 Table 4.5. Impacts on Consumers' Cash Flow from Compliance with the 2015 IECC .................4.4 x 1.0 Introduction The U.S. Department of Energy (DOE) supports the development and adoption of energy-efficient building energy codes. Title III of the Energy Conservation and Production Act (ECPA), as amended, requires DOE to participate in the development of model building energy codes and assist states in the adoption and implementation of these codes (42 U.S.C. 6831 et seq.). Section 304(a), as amended, of ECPA provides that whenever the 1992 Model Energy Code (MEC), or any successor to that code, is revised, the Secretary of Energy (Secretary) must make a determination, not later than 12 months after such revision, whether the revised code would improve energy efficiency in residential buildings, and must publish notice of such determination in the Federal Register. (42 U.S.C. 6833(a)(5)(A)). Building energy codes set the minimum requirements for energy-efficient building design and construction for new buildings and impact energy consumed by the building over its life. These are developed through consensus -based public processes which DOE participates in by proposing changes which are technologically feasible and economically justified. Pacific Northwest National Laboratory (PNNL) provides technical analysis and support to DOE during the development processes. This analysis focuses on one- and two-family dwellings, townhomes, and low-rise multifamily residential buildings. The basis of the energy codes for these buildings is the International Energy Conservation Code (IECC). The IECC is updated on a 3 -year cycle, i.e., a new edition of the code is published every 3 years, by the International Code Council (ICC). The 2015 edition of the IECC, hereafter referred to as the 2015 IECC, was published in June 2014 (ICC 2014). Subsequently, DOE published a notice of determination in June 2015 (DOE 2015). DOE's 2015 IECC determination analyses indicate a small increase in energy efficiency in one- and two-family dwellings, townhomes, and low-rise multifamily residential buildings subject to 2015 IECC compared to the 2012 IECC. 1.1 Purpose The IECC is developed through a public process administered by the ICC.i While proponents of code changes often include the energy and cost-effectiveness criteria for their respective code change, the IECC process does not include an energy or cost-effectiveness analysis of the entire edition of the code. Ensuring the cost-effectiveness of model code changes encourages their adoption and implementation at the state and local levels. In support of this goal, DOE conducts cost-effectiveness analyses of the latest edition of the code compared to its predecessor(s), following the publication of an updated edition of the IECC. These analyses are conducted at the national and state level by accounting for regional construction and fuel costs. DOE provides technical assistance, such as the present cost-effectiveness analysis, to states to ensure informed decision-making during their consideration of adopting, implementing, and enforcing the latest model building energy codes. Figure 1.1 shows the status of the adoption of residential building energy codes as of May 2015 (BECP 2015). Because many states are still using the 2009 IECC (or equivalent), the present analysis evaluates the cost-effectiveness of the 2015 IECC compared to both the 2012 and the 2009 IECC. I See http://www.icesafe.org/about-icc%verview/abouz-international-code-council/ 1.1 111" , 11 10 1 art{ S>���7"��)�(t yr Nht ; �� jC1S a VT PSE ' 1 15 DR u So � , �s WI �� h,�1(4u � � �MA CT �� t �� �y 11 I + �ti�1 ��s {r1�, i ''`N,d OH �� to ?� A i �, r ��T � �...._�. "a� INb � '4� '� IN NIAAZ jOK(AR, „ SC j. .rArP7rrrrcaor Samoa °.�..,� —ik MS Ai SA N: �uu TX M vlana BWands 1L �.� �� rAq,r�''�!S`f�' �1r PxiortoR'ico AKrr r ru§ U S. Ylorale Warms. f g�" r,,_ rim* ti r? eq. .r eri. mr meMer;r _M,6,, S E'€, .w 6""d '' ar v w i ft"t n[ j$ D"J-r orml _ .esgy ,.I` srsio vlar . cc 09, er x.r _A ae to=aw ,.3, 1"...':'� 'Ae ,.yrs;: AS of May 2045 Figure I.I. Current Residential Building Energy Code Adoption Status in the U.S. (BECP 2015) 1.2 Overview The present analysis examines the cost-effectiveness of the prescriptive and mandatory residential provisions of the 2015 IECC. The simulated performance path and the Energy Rating Index (ERI) path (introduced in the 2015 IECC) are not considered in this analysis due to the wide variation in building construction characteristics they allow. While some states choose to adopt amended versions of the IECC, the present analysis focuses on the un -amended provisions of the 2015, 2012, and 2009 IECC. The methodology established by DOE for determining the energy savings and cost-effectiveness of residential building energy codes (Taylor et al. 2012) forms the basis of this cost-effectiveness analysis. 1.2.1 Building Prototypes The DOE methodology uses a suite of 32 residential prototype building models to represent the U.S. new residential building construction stock. This suite, summarized in Table I.lError! Reference source not found., was created based on residential construction data from the U.S. Census (2010 and 2012) and the National Association of Home Builders (NAHB 2009). Detailed descriptions of the 32 prototype building models and operational assumptions are documented in previous reports by Mendon et al. (2013 and 2014). 1.2 Table I.I. Residential Prototype Buildings No. Building Type Foundation Type Heating System Type 1 Single-family Vented Crawlspace Gas-fired Furnace 2 Single-family Vented Crawlspace Electric Furnace 3 Single-family Vented Crawlspace Oil -fired Furnace 4 Single-family Vented Crawlspace Heat Pump 5 Single-family Slab -on -grade Gas-fired Furnace 6 Single-family Slab -on -grade Electric Furnace 7 Single-family Slab -on -grade Oil -fired Furnace 8 Single-family Slab -on -grade Heat Pump 9 Single-family Heated Basement Gas-fired Furnace 10 Single-family Heated Basement Electric Furnace 11 Single-family Heated Basement Oil -fired Furnace 12 Single-family Heated Basement Heat Pump 13 Single-family Unheated Basement Gas-fired Furnace 14 Single-family Unheated Basement Electric Furnace 15 Single-family Unheated Basement Oil -fired Furnace 16 Single-family Unheated Basement Heat Pump 17 Multifamily Vented Crawlspace Gas-fired Furnace 18 Multifamily Vented Crawlspace Electric Furnace 19 Multifamily Vented Crawlspace Oil -fired Furnace 20 Multifamily Vented Crawlspace Heat Pump 21 Multifamily Slab -on -grade Gas-fired Furnace 22 Multifamily Slab -on -grade Electric Furnace 23 Multifamily Slab -on -grade Oil -fired Furnace 24 Multifamily Slab -on -grade Heat Pump 25 Multifamily Heated Basement Gas-fired Furnace 26 Multifamily Heated Basement Electric Furnace 27 Multifamily Heated Basement Oil -fired Furnace 28 Multifamily Heated Basement Heat Pump 29 Multifamily Unheated Basement Gas-fired Furnace 30 Multifamily Unheated Basement Electric Furnace 31 Multifamily Unheated Basement Oil -fired Furnace 32 Multifamily Unheated Basement Heat Pump Energy models created for the determination analysis of the 2015 IECC as well as earlier state and national cost-effectiveness analyses of the 2012 IECC (Mendon et al. 2015 and 2013) are leveraged in the present analysis. Annual energy simulations are carried out using EnergyPlusT"' Version 8.0 (DOE 2013). Additionally, a new semi -conditioned single-family residential building model is created to capture the impact of new alternative provisions of the 2015 IECC applicable to certain home configurations in the new "tropical climate zone" introduced by the 2015 IECC. 1.2.2 Climate Locations The analysis uses the eight standard IECC temperature -oriented climate zones covering the entire United States, as shown in Figure 1.2 (Briggs et al. 2003). The thermal climate zones are further divided into moist (A), dry (B), and marine (C) regions where appropriate resulting in 15 combined temperature/moisture zones (out of 24 that are theoretically possible). For this analysis, a specific city was selected to represent each climate zone. Additionally, a new city was added to evaluate the impact of the newly defined "tropical climate zone" in the 2015 IECC. Thus, the 16 cities used in this analysis are: 1.3 • 1 -tropical: Honolulu, Hawaii (very hot, moist) • IA: Miami, Florida (very hot, moist) • 2A: Houston, Texas (hot, moist) • 213: Phoenix, Arizona (hot, dry) • 3A: Memphis, Tennessee (warm, moist) • 313: E1 Paso, Texas (warm, dry) • 3C: San Francisco, California (warm, marine) • 4A: Baltimore, Maryland (mixed, moist) Marhie (C) • 413: Albuquerque, New Mexico (mixed, dry) • 4C: Salem, Oregon (mixed, marine) • 5A: Chicago, Illinois (cool, moist) • 513: Boise, Idaho (cool, dry) • 6A: Burlington, Vermont (cold, moist) • 613: Helena, Montana (cold, dry) • 7: Duluth, Minnesota (very cold) • 8: Fairbanks, Alaska (subarctic) All a! AEaska in zone 7 exceapt dor the loilowrnq Boroughs in Zone 8 - Fte§helNonhwest Arcirc Del€wham Southeast Fa:rtuarrks. Fa, rinariks IN Star Wade H rnPika a Nome Yukon ifayukuk North Skope 1.2.3 Weighting Factors Zine � induces Hhws�ii, Gua rrr, P'uFrlrs Rica,. and the Virgin islands Figure 1.2. Climate Zone Map I Warm Humid Below White line Weighting factors for each of the 32 residential prototype buildings are developed for each of the climate zones using new residential construction starts and residential construction details from the U.S. Census (2010 and 2012) and NAHB (2009). These weighting factors are used to aggregate energy and costs across all building types for each climate zone. Tables 1.2 through 1.5 summarize the weights aggregated to building type, foundation type, heating system, and climate zone levels. Table 1.6 shows the detailed weighting factors for all 32 residential prototype buildings. Table 1.2. Weighting Factors by Building Type Weight Bldg. Type (%) Single-family 82.7 Multifamily 17.3 1.4 Table 1.3. Weighting Factors by Foundation Type 1.5 Weight Bldg. Type (%) Crawlspace 26.6 Slab -on -grade 47.9 Heated Basement 14.2 Unheated Basement 11.3 Table 1.4. Weighting Factors by Heating System Weight Bldg. Type (%) Gas-fired Furnace 49.7 Electric Furnace 6.1 Oil -fired Furnace 1.6 Heat Pump 42.7 Table 1.5. Weighting Factors by Climate Zone Weight Climate Zone (%) 1 12 2 20.5 3 26.1 4 23.2 5 20.8 6 6.9 7 1.3 8 0.0 The tropical climate zone accounts for 50% of all single-family construction starts in climate zone 1. 1.5 d c�C u 0 0 0 \ \ o o \ 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O 0 O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 IO C� V� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l- N O O 't v'� O O v) O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 M O �O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O � v •� v � v � � v •� v � v � � v •� v � v p, � v •� v � v � � v cz �u cz c7w ww Ow x c7wWw Ow x c7w ww Ow x c7w ww Ow x c7w cz cz cz cz c w w w w w w w w w w w w w w w wct � bA bA bA bA bA bA bA bA bA bA bA bA bA bA bA bA 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 1.01 1.10 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 N iU-' iU-' iU-' • � cUi yU^ cUi �. N cUi • � cUi yU^ cUi �. N cUi • � cUi yU^ cUi �. N cUi • � cUi yU^ cUi �. N ww Ow x c7w ww Ow x c7w ww Ow x c7w ww Ow x U U U O O O O U U U t U N N N N c c c cz 0 N 1.3 Report Contents and Organization This report is divided into three parts. Chapter 2 provides a summary of residential code changes in the 2015 IECC compared to the 2012 IECC and the details of the code changes considered in the present cost-effectiveness analysis. Chapter 3 details the methodology and cost items for the code changes considered in this analysis. Finally, Chapter 4 provides an overview of the economic analyses and summarizes the aggregated results of the cost-effectiveness analysis at the climate zone level. Additional details about the building energy models created for simulating the energy use of buildings built to meet the provisions of the various editions of the IECC are provided in Appendix A. Appendix B provides disaggregated energy costs and cost-effectiveness results for each building type. 1.8 2.0 Changes Introduced in the 2015 IECC Following the publication of the 2015 IECC, DOE conducted both a qualitative and a quantitative energy savings analysis of that code compared to its immediate predecessor, the 2012 IECC (DOE 2015). All the changes introduced in the 2015 IECC were identified, and their impact on energy efficiency was qualified. Out of the 76 code changes identified: • 2 were identified as detrimental (i.e., increased energy use) • 6 were identified as beneficial • 5 were identified to have a negligible impact • 62 were identified as neutral • 1 was deemed unquantifiable Eight of the code changes were identified as having quantifiable energy impacts, and six of these were subjected to a quantitative analysis using whole -building energy simulations of the 32 PNNL residential prototype buildings across the 16 IECC climate zones. The other two code changes relate to an increase in efficiency for historic buildings and a decrease in efficiency of sunrooms. The current suite of residential prototype models does not include historic buildings or sunrooms and thus, the impact of these two code changes cannot be captured quantitatively. However, the impact of these two code changes is expected to be very small due to the magnitude of changes and the small portion of the new residential building stock they affect. Table 2.1 summarizes the characterization of the six approved code changes with quantifiable energy impacts considered in the determination analysis and subsequently, the present cost-effectiveness analysis. Table 2.1. Approved Code Change Proposals with Quantified Energy Impacts Proposal Number Code Section(s) Affected a Description of Changes RE107-13 R40321 (IRC N1103.2.1) Increases insulation requirements for return ducts in attics from R-6 to R-8. RE125-13, Part I R403.4.1 (IRC N1103.4.1), R403.4.1.1 (NEW) (IRC N1103.4.1.1 (NEW)), R403.4.1.2 (NEW) (IRC N1103.4.1.2 (NEW)), Chapter 5, IPC [E] 607.2.1, [E] 607.2.1.1 (NEW), [E] 607.2.1.1.1 (NEW), [E] 607.2.1.1.2 (NEW), IPC Chapter 14, IRC P2905 (NEW), IRC P2905.1 (NEW) (a) Code sections refer to the 2012 IECC. 2.1 Adds new language on heated water circulation systems and heat trace systems. Makes IECC, IRC, and IPC consistent and clarifies requirements for these systems only if they are installed. Table 2.1. (continued) Proposal Number Code Sections) Affected"' Description of Changes RE132-13 R403.42 (IRC N1103.4.2), Table R403.42 (IRC Table N1103.4.2) RE136-13, Part I R403.4.2 (NEW) (IRC N1103.4.2 (NEW)), IPC 202, IPC [E]607.2.1.1 (NEW), IRC P2905 (NEW), IRC P2905.1 (NEW) CE66-13, Part II R301.4 (NEW) (IRC N1101.10.3 (NEW)), R406 (NEW) (IRC N1106 (NEW)) CE362-13, Part II R403.2 (New) (IRC N1103.2 (New)) (a) Code sections refer to the 2012 IECC. 2.2 Deletes requirement for insulation on DHW pipes to kitchen and the generic requirement on long/large-diameter pipes. However, adds DHW pipe insulation for all 3/4 -inch pipes. Adds demand control requirements for recirculating systems that use a cold water supply pipe to return water to the tank. Defines a new "Tropical' climate zone and adds an optional compliance path deeming semi -conditioned residential buildings having a list of pre -defined criteria as code compliant in this climate zone. Adds requirement for outdoor setback control on hot water boilers that controls the boiler water temperature based on the outdoor temperature. 3.0 Construction Cost Estimates This chapter describes the methodology used for calculating the incremental costs of construction of the 2015 IECC compared to the 2012 IECC and the 2009 IECC. Detailed incremental cost estimates for the new provisions of the 2015 IECC considered in this analysis are provided along with a summary of total incremental costs by building type and climate zone. 3.1 Methodology The present analysis includes only the prescriptive and mandatory provisions of the IECC pertaining to residential buildings. The first step in evaluating the cost-effectiveness of these changes introduced by the 2015 IECC is estimating their incremental construction costs. Data sources used for these estimates include but are not limited to: • Building Component Cost Community (BC3) data repository (DOE 2012) • Residential construction cost data collected by Faithful+Gould under contract with PNNL (Faithful + Gould 2012) • RSMeans Residential Cost Data (RSMeans 2015) • National Renewable Energy Laboratory's (NREL's) National Residential Efficiency Measures Database (NREL 2012) • Cost data from prominent and commonly recognized home supply stores The incremental costs, summarized in Table 2. 1, are calculated separately and then added together to obtain a total incremental cost by climate zone and building type. Previously, PNNL conducted cost-effectiveness analyses of the 2012 IECC compared to the 2009 and 2006 IECC (Lucas et al. 2012). This study used the cost estimates from the previous study, revised to reflect newer versions of data sources (e.g., RSMeans and the consumer price index). 3.2 Incremental Cost Estimates for New Provisions of the 2015 IECC The incremental construction costs associated with the six changes in Table 2.1 are detailed below. 3.2.1 Alternative Requirements for a New "Tropical" Climate Zone The 2015 IECC adds a new "tropical" climate zone that includes Hawaii, Puerto Rico, American Samoa, U.S. Virgin Islands, Commonwealth of Northern Mariana Islands, and islands in the area between the Tropic of Cancer and Tropic of Capricorn and includes an alternative set of prescriptive requirements for certain configurations of single-family homes that fall in this new "tropical" climate zone. The prescriptive requirements for single-family homes in the new tropical climate zone that changed in the 2015 IECC compared to the 2012 and the 2009 IECC are: • Window glazing in conditioned space required to have a solar heat gain coefficient (SHGC) of 0.40 or lower (0.25 in the 2012 and 2009 IECC), and; 3.1 • Ceiling insulation required to be R-15 (R-30 in the 2012 and 2009 IECC). Faithful+Gould reports a cost reduction of $4.15/ft2 of window glazing area when SHGC increases from 0.25 to 0.4 (Faithful+Gould, 2012). Adjusting these costs from the 2012 report to 2015 dollars using the 2012 and 2015 Consumer Price Index (CPI) results in a cost reduction of $4.13/ft2. Assuming 180 ft2 conditioned space glazing from the prototype building model, the cost reduction per single-family home is estimated to be $743.40. Faithful+Gould reports a cost reduction of $0.422/ft2 of ceiling insulation when the R -value decreases from R-30 to R-15 (Faithful+Gould 2012). Adjusting these costs from the 2012 report to 2015 dollars using the 2012 and 2015 CPI results in a cost reduction of $0.424/ft2. RSMeans (2015) reports a cost reduction of $0.64/ft2 for the same reduction in ceiling R -value. This analysis assumes a conservative cost reduction of $0.424/ft2 of ceiling insulation. Assuming 1,200 ft2 ceiling area from the prototype building model, the cost reduction per single-family home is estimated to be $508.80. Thus, the total cost reduction from this code change is estimated to be $1252.20 per single-family home. Construction in the new tropical climate zone accounts for approximately half of all new single- family housing starts in climate zone 1. This code change is assumed to apply only to 35% of the single- family homes in the tropical climate zone because only 35% of new single-family residential buildings built in this climate zone are expected to opt for the proposed alternative path (Mendon et al. 2015). 3.2.2 Insulation Requirements for Return Ducts in Attics The 2015 IECC increases the insulation required on return ducts in attics to a minimum of R-8 (8 fe- hr-°FBtu) where ducts are three inches or greater in diameter and to R-6 (6 ftp-hr-°FBtu) where they are less than 3 inches in diameter. R-6 insulation was previously required on all return ducts. This code change is assumed to impact all single-family prototype building models with slab -on -grade foundations which are assumed to have ducted air -distribution systems with return ducts located in the unconditioned attic, based on the 2014 Building America House Simulation Protocols (Wilson et al. 2014). The NREL National Residential Efficiency Measures Database provides cost estimates for insulating ducts with R-6 and R-8 at various levels of leakages (NREL 2012). Incremental costs for increasing the duct insulation from R-0 to R-6 and from R-0 to R-8 at each of the leakage levels are reported and average $0.10/ft2 of duct insulation. These costs are adjusted to 2015 dollars using the 2012 and 2015 CPIs, resulting in an incremental cost of $0.10/ft2. A second cost estimate was derived from home supply store websites which listed prices of R-6 and R-8 duct insulation for 4 in. wide and 25 ft. long ducts, resulting in an incremental cost of $0.03/ft2. For this analysis, to be conservative, PNNL decided to use the higher incremental cost of $0.10/ft2. Wilson et al. (2014) report the maximum return duct surface area for homes that are two stories or higher to be 19% of the finished floor area. At 2,400 ftp of conditioned floor area, the incremental cost of increased duct insulation from R-6 to R-8 is estimated to be 2,400 ft2 x 19% x $0.10/ft2=$45.38 per single-family home and is assumed to apply only to single-family homes with slab -on -grade foundation (Mendon et al. 2015). 3.2 3.2.3 DHW Pipe Insulation Requirements While the 2009 IECC did not require any domestic hot-water piping insulation, the 2012 IECC contains detailed requirements for insulating domestic hot-water pipes. The 2015 IECC deletes a requirement for insulation on hot-water pipes to kitchen spaces and deletes a generic requirement for insulation on long and large -diameter pipes. These changes lower overall efficiency in the 2015 IECC compared to the 2012 IECC. However, the 2015 IECC adds a requirement for pipe insulation on 3/4 in. pipes that previously applied only to pipes with diameters greater than 3/4 in. Because 3/4 in. is the most common size for the long trunk lines in typical residences, this improvement more than compensates for the efficiency losses from the deletion of insulation requirements for kitchen and long and large -diameter pipes. The BC3 database reports an average cost of $0.87/linear ft. of pipe for just the insulation materials (DOE 2012). This cost adjusted to 2015 dollars results in a cost of $0.86/linear ft. Similar cost information obtained from home supply store websites — averaged over different R -values — was approximately S1/linear ft. Labor cost was estimated at S1/linear ft. for each case based on professional judgement. Thus, the total cost of insulating the pipes including materials and labor is estimated to be $1.86/linear ft. This provision of the 2015 IECC requires an additional length 11 ft. of 3/4 in. pipe to be insulated for single-family homes and an additional length of 24.5 ft. of 3/4 in. runs to be insulated for multifamily homes, when compared with the 2012 IECC. Meanwhile, the length of 1/2 in. kitchen pipes that does not need insulation under the 2015 IECC compared to the 2012 IECC is estimated to be 18 ft. and 20 ft. for single-family and multifamily homes, respectively (Mendon et al. 2015). So, effectively, under the 2015 IECC for single-family homes, 7 ft. of pipes do not need insulation compared to the 2012 IECC. For multifamily homes, the 2015 IECC effectively requires pipe insulation on an additional 4.5 ft. of pipes compared to the 2012 IECC. Thus, this code provision results in a cost reduction of $13.03 for single- family homes and an incremental cost of $8.37 for multifamily homes for the 2015 IECC compared to the 2012 IECC. 3.2.4 Demand -Activated Control for Recirculating Systems The 2015 IECC adds new requirements for heated water circulation systems and heat trace systems to be controlled by demand -activated circulation systems, making the IECC consistent with the International Residential Code (IRC) and the International Plumbing Code (IPC). It also adds demand control requirements for recirculating systems that use a cold -water supply pipe to return water to the tank. These code changes do not require the addition of circulation systems to homes; the added requirements are applicable only when these systems are present in the home. This change is assumed to affect only multifamily buildings that have a central hot-water system which are assumed to already have hot water recirculation systems and account for 50% of all new multifamily buildings (Mendon et al. 2015). The 2012 and 2009 IECC do not include requirements for demand -activated control of hot-water recirculation systems. Demand control for central domestic hot water systems can be simply based on a manually activated switch or involve flow -sensors that signal the demand for hot water to the central hot water system. Because the present analysis assumes this code change applies only to multifamily buildings with central water heating systems alone, a flow -sensor based control is considered to be more appropriate. 3.3 A recent pilot study conducted by Nicor Gas investigating the performance of demand -control recirculation systems in two multifamily buildings reports an incremental cost of $1,200 for a demand - control recirculation system over a standard continuously operating "no -control" recirculation system (Nicor Gas 2014). A California Codes and Standards Enhancement Initiative study reports a similar incremental cost of 51,000 for parts and $200 for installation, based on interviews conducted with manufacturers (CASE 2011). Finally, a cost-effectiveness study of demand -controlled water heater thermostat controllers in multifamily buildings conducted by the Southern California Gas Company in 2005 reports an incremental cost of $1,400 for a multifamily building with less than 30 units (SCG 2005). This analysis assumes an average incremental cost of 51,200 per multifamily building with a centralized hot-water system. Normalizing based on the number of apartment units in the multifamily building prototype and then adjusting to account only for the 50% of the multifamily buildings that have a central hot-water system according to Mendon et al. (2015), the final incremental cost for this measure is estimated to be $33.33 per apartment unit. 3.2.5 Outdoor Air Temperature Setback Control for Hot -Water Boilers The 2015 IECC adds a requirement for hot-water boilers supplying heat to the building through one - or two -pipe heating systems to be equipped with an outdoor setback control that lowers the temperature of the hot water based on outdoor air temperature. This code change is assumed to apply to only oil -fired hot-water boilers used for space heating in multifamily buildings (Mendon et al. 2015). The 2012 and 2009 IECC do not include requirements for outdoor air temperature setback control for hot-water boilers. The cost associated with the code change is calculated based on Tekmar self-contained units which are ready to install and retail between 5150 and $250. Adding 1.5 hours for installation for an L1 crew (1 electrician and 1 plumber) with a labor rate of $85.30 per hour and approximately $25 for miscellaneous parts (RSMeans 2015), the total cost estimate for the system inclusive of parts and labor is about $403 per multifamily building. A second cost point is identified by calculating the cost of individual parts that constitute a temperature -based reset system from RSMeans (2015). The parts include: • an outdoor air temperature sensor at an average price of $25, • a proportional -integral -derivative (PID) microcontroller at an average price of $200 (cost varied between $30 and $350 depending upon the functionality), and • miscellaneous parts like wires and screws at an estimated $50. It is also estimated that the PID controller will require about 3 hours of programming by a technician with a labor rate of $50 per hour (RSMeans 2015). The installation is assumed to require 1.5 hours for an L1 crew (1 electrician and 1 plumber) with a labor rate of $85.30 per hour (RSMeans 2015). Thus, the total incremental cost for this measure is estimated to be $553. This analysis assumes an incremental cost of $550 per multifamily building with oil -fired boilers. Normalizing based on the number of apartment units in the multifamily building prototype, the final M incremental cost for this measure is estimated to be $30.55 per apartment unit and applies to only the multifamily prototype buildings with oil -fired boilers. 3.3 Summary of Incremental Costs Table 3.1 summarizes the incremental costs for each new code provision of the 2015 IECC evaluated in the present analysis compared to the 2012 IECC. The total incremental costs for the 2015 IECC compared to those of the 2012 IECC and the 2009 IECC are summarized in Table 3.2 and Table 3.3, respectively. Negative costs indicate a reduction in incremental costs based on the provisions of one edition of the code compared to another. 3.5 Table 3.1. Construction Cost Increase of the New Provisions of the 2015 IECC Provision Specifications Scope Associated Cost Incremental Cost Used in Anal sis ($/residence- r) Alternative Window glazing SHGC up 35% of all new single- $(4.13)/ft2 ($743.40) requirement to 0.4 from 0.25 family homes in the new for new "tropical" climate zone "tropical" climate zone Ceiling insulation down to 35% of all new single- $(0.422)/ftp ($508.80) R-15 from R-30 family homes in the new "tropical" climate zone Insulation for Increase to R-8 from R-6 Single-family homes with $0.10/ft2 $4538 return ducts in slab -on -grade foundation attics types in all climate zones DHW pipe New insulation Single- and multifamily $1.86/lin. ft. $(13.03) and $8.37 for insulation requirement for shorter homes in all climate zones single-family and multi- 3/4inch pipes; insulation family homes respectively requirement removed from 1/2 inch kitchen pipes Demand- New controls requirement 50% of multifamily $1,200 per multi- $3333 per apartment unit activated for central domestic hot homes in all climate zones family home control for water systems recirculation system OAT setback New controls requirement Multifamily homes with $550 per multi- $30.55 per apartment unit control for hot for central hot water oil fired boilers in all family home water boilers boilers climate zones The total incremental costs for the 2015 IECC compared to those of the 2012 IECC and the 2009 IECC are summarized in Table 3.2 and Table 3.3, respectively. Negative costs indicate a reduction in incremental costs based on the provisions of one edition of the code compared to another. 3.5 Table 3.2. Total Construction Cost Increase for the 2015 IECC Compared to the 2012 IECC Climate Zone Slab -on -grade 2,400 frz House Unheated Basement, or Crawlspace Heated Basement 1,200 ft2 Apartment/Condo(a) Slab, Unheated Heated Basement, or Basement Crawlspace 1 $32 $(13) $(13) $33 $33 1-tropical(b) $(1,265) $(1,265) $(1,265) $33 $33 2 $32 $(13) $(13) $33 $33 3 $32 $(13) $(13) $33 $33 4 $32 $(13) $(13) $33 $33 5 $32 $(13) $(13) $33 $33 6 $32 $(13) $(13) $33 $33 7 $32 $(13) $(13) $33 $33 8 $32 $(13) $(13) $33 $33 (a) For multifamily homes with an oil -fired boiler, an additional incremental cost of $30.55 for the outdoor air temperature reset applies to all climate zones. (b) This cost applies to 35% of all new single-family homes in the tropical climate zone. The tropical climate zone accounts for around 50% of all new single-family construction starts in climate zone 1. Table 3.3. Total Construction Cost Increase for the 2015 IECC Compared to the 2009 IECC Climate Zone $2,686 2,400 ft` House $1,266 1,200 ft` Apartment/Condoa, 7 $2,718 Slab -on- Unheated Heated Slab, Unheated Heated Basement $2,686 grade Basement, or Basement Basement, or Crawlspace Crawlspace 1 $1,585 $1,553 $1,553 $848 $848 1-tropical(b) $1,152 $1,152 $1,152 $848 $848 2 $1,920 $1,888 $1,888 $968 $968 3 $2,495 $2,463 $2,463 $1,175 $1,175 4 $2,005 $1,973 $1,973 $1,012 $1,012 5 $1,493 $1,461 $1,715 $827 $865 6 $2,718 $2,686 $2,686 $1,266 $1,266 7 $2,718 $2,686 $2,686 $1,266 $1,266 8 $2,718 $2,686 $2,686 $1,266 $1,266 (a) For multifamily homes with an oil -fired boiler, an additional incremental cost of $30.55 for the outdoor air temperature reset applies to all climate zones. (b) This cost applies to 35% of all new single-family homes in the tropical climate zone. The tropical climate zone accounts for around 50% of all new single-family construction starts in climate zone 1. we 4.0 Economic Analysis This chapter provides an overview of the methodology used in evaluating the cost-effectiveness of the prescriptive and mandatory provisions of the 2015 IECC compared to those of the 2012 and the 2009 IECC. Cost-effectiveness results for Life Cycle Cost (LCC) savings, simple payback, and cash flow are calculated for each building type in each climate zone, and the results are weighted using factors detailed in Section 1.2.3 to aggregate results to the climate zone level. 4.1 DOE Residential Cost-effectiveness Methodology DOE developed a standardized methodology for determining the cost-effectiveness of residential energy code changes through a public Request for Information (76 FR 56413). The established methodology' describes the process of assessing energy savings and cost-effectiveness and is used by DOE in the evaluation of published codes as well as code changes proposed by DOE for inclusion in the IECC (Taylor et al. 2012). The methodology forms the basis of this cost-effectiveness analysis by: • defining an energy analysis procedure, including definitions of two building prototypes (single-family and multifamily), identification of preferred calculation tools, and selection of climate locations to be analyzed; • establishing preferred construction cost data sources; • defining cost-effectiveness metrics and associated economic parameters, and; • defining a procedure for aggregating location -specific results to state, climate -zone, and national levels. Per the methodology, DOE calculates three metrics from the perspective of the homeowner: LCC, Simple Payback, and Cash Flow. LCC is the primary metric used by DOE for determining the cost- effectiveness of an overall code or individual code change. The economic parameters used in the present cost-effectiveness analysis are summarized in Table 4.1. Table 4.1. Summary of Economic Parameters Used in Current Analysis Parameter Mortgage Interest Rate Loan Term Down -Payment Rate Points and Loan Fees Analysis Period Property Tax Rate Income Tax Rate Inflation Rate Home Price Escalation Rate Value 5% 30 years 10% of home price 0.7% (non-deductible) 30 years 0.9% of home price/value 25% federal 1.6% annual Equal to Inflation Rate ' See DOE Residential Energy and Cost Analysis Methodology at: http://www.energvcodes. gov/development/residential/meth2dology 4.1 4.2 Fuel Prices and Escalation Rates Data published by the EIA are used to determine the latest national average fuel prices for the three fuel types considered in this analysis—electricity, natural gas, and fuel oil. The EIA reports an average annual residential electricity price of $0.121/kWh for 2013 (EIA 2015a). This average price for electricity is used in the analysis to avoid seasonal fluctuations and regional variations. EIA reports a national annual average cost of 510.97/1000 cubic foot (CF) for natural gas for 2014 and an average heat content of 1,031 Btu/CF for natural gas delivered to consumers in the same year (EIA 2015b, 2015c). The resulting national average cost of 51.061/therm for natural gas is used in this analysis. EIA reports a national annual average cost of $3.329/gallon for No. 2 fuel oil for 2014 (EIA 2015d). The heat content of No. 2 fuel oil is assumed to be 138,000 Btu/gallon (NCHH 2015), resulting in a national average cost of $24.12/million Btu for fuel oil used in this analysis. Fuel escalation rates are calculated separately for electricity, natural gas and fuel oil using annual projected fuel prices published in the 2014 Annual Energy Outlook (EIA 2014). Because the EIA projections end in the year 2040 and the present analysis period of 30 years requires consideration of fuel escalation rates until the year 2045, the projected fuel prices are assumed to increase exponentially between years 2041 to 2045. The resulting nominal fuel escalation rates of 1.06% for electricity, 1.21% for natural gas, and 1.16% for fuel oil are used in this analysis. 4.3 Energy Cost Savings The calculation of cost-effectiveness metrics primarily requires annual energy cost savings and the associated incremental costs. Energy estimates from Chapter 3 are converted to energy costs using latest fuel prices described in Section 4.2. Table 4.2 summarizes the annual energy costs savings per home for the 2015 IECC compared to the 2012 and 2009 IECC, aggregated over all 32 residential prototype building models using weighting factors described in Section 1.2.3. Table 4.2. Average Annual Energy Costs Savings for the 2015 IECC Compared to the 2012 IECC Compared to the 2009 IECC Climate Zone (S/residence-yr) (S/residence-yr) 1 5 179 2 7 220 3 8 256 4 7 353 5 5 353 6 6 497 7 8 841 8 18 1,199 4.2 4.4 Life Cycle Cost LCC is the primary metric used by DOE to determine the cost-effectiveness of the overall code or specific code changes. LCC is the total consumer cost of owning a home for a single homeowner calculated over a 30 -year period. The economic analysis assumes that initial costs are mortgaged, that homeowners take advantage of the mortgage interest deductions, and that long-lived efficiency measures retain a residual value after the 30 -year analysis period. Table 4.3 shows the LCC savings (discounted present value) per home over the 30 -year analysis period for the prescriptive and mandatory provisions of the 2015 IECC compared to those of the 2012 IECC and the 2009 IECC. These savings are aggregated over all 32 residential prototype buildings using weights described in Section 1.2.3. Table 4.3. Life Cycle Cost Savings for the 2015 IECC Compared to the 2012 IECC Compared to the 2009 IECC Climate Zone (S/residence-yr) (S/residence-yr) 1 +193 +4,418 2 +119 +5,725 3 +156 +6,569 4 +154 +8,088 5 +153 +7,697 6 +142 +11,231 7 +200 +17,525 8 +438 +24,003 4.5 Simple Payback Simple payback is a commonly used measure of cost-effectiveness, defined as the number of years required for the sum of the annual return on an investment to equal the original investment. Simple payback does not take into consideration any financing of the initial costs through a mortgage or favored tax treatment of mortgages. In other words, simple payback is the ratio of the incremental cost of construction and the first-year energy cost savings. The simple payback is reported for information purposes only and is not used as a basis for determining the cost-effectiveness of the 2015 IECC. Table 4.4 shows the simple payback period of the 2015 IECC when compared to the 2012 and the 2009 IECC aggregated over all 32 residential prototype buildings using weights described in Section 1.2.3. As seen from the table, the simple payback period for the 2015 IECC compared to that of the 2012 IECC ranges from immediate to 3.8 years, while the simple payback period for the 2015 IECC compared to that of the 2009 IECC ranges from 2.2 to 8.1 years, depending on climate zone. 4.3 Table 4.4. Simple Payback Period for the 2015 IECC 2015 IECC Compared to the 2015 IECC Compared to the Climate Zone 2012 IECC Years 2009 IECC Years 1 0.0 6.6 2 3.8 8.1 3 3.4 7.9 4 1.4 5.1 5 1.6 3.9 6 1.0 4.9 7 0.0 3.1 8 0.2 2.2 4.6 Cash Flow Most houses are financed and the financial implications of buying a home constructed to meet the provisions of the 2015 IECC compared to the provisions of the 2012 or 2009 IECC is important to homeowners. Mortgages spread the payment for the cost of a house or an apartment over a long period of time and the cash flow analysis clearly depicts the impact of mortgages. This analysis assumes a 30 -year fixed-rate mortgage and that the homebuyers will deduct the interest portion of the payments from their income taxes. Table 4.5 shows the impact of the provisions of the 2015 IECC on a typical consumer's cash flow compared to that of the 2012 and the 2009 IECC aggregated over all 32 residential prototype buildings using weights described in Section 1.2.3. On average, beginning in year one, there is a net positive cash flow per year to the customer for the 2015 IECC-compliant home when compared to the 2012 and 2009 IECC-compliant homes. Positive cumulative savings, including payment of up -front costs, are achieved in less than two years in all cases. Table 4.5. Impacts on Consumer Cash Flow from the 2015 IECC Climate Zone 2015 IECC Compared to the 2012 IECC Net Annual Cash Flow Savings Years to Cumulative (in Year 1) Positive Cash Flow 2015 IECC Compared to the 2009 IECC Net Annual Cash Flow Savings Years to Cumulative (in Year 1) Positive Cash Flow 1 +$ 13 0 +$ 103 1 2 +$ 5 1 +$ 103 2 3 +$ 6 0 +$ 125 2 4 +$ 7 0 +$ 236 1 5 +$ 5 0 +$ 263 1 6 +$ 6 0 +$ 340 1 7 +$ 8 0 +$ 672 0 8 +$ 18 0 +$ 1,024 0 5.0 Conclusions As seen from the cost-effectiveness results presented in Chapter 4, residential buildings constructed to the prescriptive and mandatory requirements of the 2015 IECC save homeowners money over the life of their homes compared to those built to the prescriptive and mandatory requirements of the 2012 and the 2009 IECC. Although the prescriptive and mandatory provisions of the 2015 IECC only vary slightly from the 2012 IECC, they are substantially more energy efficient and cost-effective than the provisions of the 2009 IECC. Many states that are currently using the 2009 IECC may find the cost-effectiveness results presented in this report useful in moving towards more energy efficient residential building energy codes like the 2015 IECC. 5.1 6.0 References 42 U.S.C. 6831 et seq. Chapter 42, U.S. Code, Section 6831. Available at htlp://www.gpo.gov/fdsys/granule/USCODE-20 10 -title42/U S CODE -20 1 Q-title42-chap8 I-subchapII- sec6831. 42 U.S.C. 6833. Chapter 42, U.S. Code, Section 6833. Available at htlp://www.gpo.gov/fdsys/Skg/USCODE-201 I -title42/pdf/USCODE-20I I -title42-chap8 I-subchapILpdf. 76 FR 56413. Request for Information for the DOE Residential Codes Cost-effectiveness Methodology. Available at htip://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-23236.pdf. BECP (Building Energy Codes Program) 2015. Status of State Residential Energy Code Adoption as of March 2015. Available at htip://www.energvcodes.gov/adoption/states. Briggs RL, RG Lucas, and ZT Taylor. 2003. "Climate Classification for Building Energy Codes and Standards: Part 1 — Development Process." ASHRAE Transactions (1):4610-4611. CASE (Codes and Standards Enhancement Initiative). 2011. Multifamily Central DHW and Solar Water Heating: 2013 California Building Energy Efficiency Standards. California Utilities Statewide Codes and Standards Team. Available at htip://www.enemy.ca.Dov/title24/2013standards/preiulemaking/documents/cuiTent/Repoits/Residential/W ater_Heating/2013 CASE_R MF_DHW_and_Solar_Water_Heating_Oct 201I.pdf Census. 2010. Characteristics ofNew Housing. U.S. Census Bureau, Washington, D.C. Available at http://www.census.gov/construction/chars/completed.html. Census. 2012. Building Permits: Accessed April 27, 2012. U.S. Census Bureau, Washington, D.C. Available at http://censtats.census.gov/bldg/bldgprmt.shtml. DOE (U.S. Department of Energy). 2012. Building Component Cost Community Database. Available at http://bc3.pnnl.gov/wiki/index.php/Main Page. DOE (U.S. Department of Energy). 2013. EnergyPlus Version 8.0. U.S. Department of Energy, Washington, D.C. Available at http://appsl.eere.energy.gov/buildings/EnergvPlus/. DOE (U.S. Department of Energy). 2015. Determination Regarding Energy Efficiency Improvements in the 2015 International Energy Conservation Code (IECC). Available at https://www.energycodes.gov/sites/default/files/documents/2015_IECC_ Deteimination.pdf. EIA (Energy Information Administration). 2014. Annual Energy Outlook 2014. U.S. Energy Information Administration, Washington D.C. Available at http://www.eia.gov/forecasts/archive/aeo 14. EIA (Energy Information Administration). 2015a. Table 2.10. Average Retail Price of Electricity to Ultimate Customers by End -Use Sector. U.S. Energy Information Administration, Washington D.C. Available at http://www.eia.gov/electricity/annual/html/epa 02_IO.html. EIA (Energy Information Administration). 2015b. Natural Gas. U.S. Energy Information Administration, Washington D.C. Available at http://www.eia.gov/dnav/ng/ng tori sum a EPGO PRS DMcf a.htm. EIA (Energy Information Administration). 2015c. Natural Gas Heat Content. U.S. Energy Information Administration, Washington D.C. Available at http://www.eia.gov/dnav/ng/ng cons heat a EPGO VGTH btucf a.htm. EIA (Energy Information Administration). 2015d Petroleum Marketing. U.S. Energy Information Administration. Washington D.C. Available at http://www.eia.gov/dnay/pet/pet pri refoth dcu nus a.htm. Faithful+Gould. 2012. Prototype Estimate and Cost Data. Available at http://bc3.pnnl.gov/wiki/images/f/fa/Residential Report.pdf. ICC (International Code Council). 2014. 2015 International Energy Conservation Code. Washington, D.C. ICC (International Code Council). 2011. 2012 International Energy Conservation Code. Washington, D.C. Lucas RG, ZT Taylor, VV Mendon and SG Goel. 2012. National Energy and Cost Savings for New Single- and Multifamily Homes: A Comparison of the 2006, 2009 and 2012 Editions of the IECC. Pacific Northwest National Laboratory, Richland, Washington. Available at htip: //www.energvcodes. gov/sites/default/files/documents/NationalResidentialCostEffectiveness.pdf. Mendon VV, RG Lucas and SG Goel. 2013. Cost-effectiveness Analysis of the 2009 and 2012 IECC Residential Provisions Technical Support Document. Pacific Northwest National Laboratory, Richland, Washington. Available at htip://www.energvcodes.gov/sites/default/files/documents/State CostEffectiveness TSD Final.pdf. Mendon VV and ZT Taylor. 2014. Development of Residential Prototype Building Models and Analysis System for Large -Scale Energy Efficiency Studies Using EnergyPlus. 2014 ASHRAE/IBPSA-USA Building Simulation Conference, Atlanta, Georgia. Mendon VV, ZT Taylor, SU Rao and YL Xie. 2015. 2015 IECC: Energy Savings Analysis. Available at htips://www.energvcodes.gov/sites/default/files/documents/2015 IECC FinalDeterminationAnalysis.pdf. NAHB (National Association of Home Builders). 2009. Economic Database in Support of ASHRAE 90.2 (Energy Efficient Design ofLow-Rise Residential Buildings). Report 3296_051409, NAHB Research Center, Upper Marlboro, Maryland. Nicor Gas. 2014. energySMART Emerging Technology Program; 1003: Demand -based domestic hot water recirculation; Public project report. Nicor Gas. Available at http://nicorgasrebates.com/- /media/Files/NGR/PDFs/ETP/1003%2ODemand%20CDHW%20Public%2OProject%2OReport%20REVI SED%20FINAL%2008-06-2014.pdf M NCHH (National Center for Healthy Housing). 2015. Available at http://www.nchh.org/Portals/0/Contents/Exercise_1 Benchmarkingl.pdf. NREL (National Renewable Energy Laboratory). 2012. National Residential Efficiency Measures Database. Available at htlp://www.nrel.gov/ap/retrofits/. NYSERDA (New York State Energy Research and Development Authority). 1999. DHW Recirculation System Control Strategies. Available at http://www.emra.com/NYSERDA%20DHW%20Report%2099- 1%20(Recirc%20Control)%20(a5-0).pdf. RECS (Residential Energy Consumption Survey). 2009. Structural and Geographic Characteristics. Available at htip://www.eia.gov/consumption/residential/data/2009/#undefined RSMeans. 2015. 2015 Residential Cost Data. RSMeans Company, Kingston, Massachusetts. SGC (Southern California Gas Company). 2005. Demand -Controlled Set -back DHW Thermostat Controller Replacement of and Existing DHW Constant -Temperature Controller (Multifamily Residential). Southern California Gas Company. Taylor T, N Fernandez, and R Lucas. 2012. Methodology for Evaluating Cost-effectiveness of Residential Energy Code Changes. PNNL-21294, prepared for the U.S. Department of Energy by Pacific Northwest National Laboratory, Richland, Washington. Wilson E, C Engebrecht Metzger, S Horowitz, and R Hendron. 2014. 2014 Building America House Simulation Protocols. National Renewable Energy Laboratory, Golden, Colorado. Available at htip://energy.gov/sites/prod/files/2014/03/fl3/house simulation protocols 2014. df .'emac' Appendix A Prototype Building Model Description O CL O O L- E E m LL cm r_ LE r a A.1 f r 1f 4r � 5 4/ti; F I} > � U W } '-y bq W r } ; U 1 z _ }� cz N cz cz cd M � U G' vi bq � '� � cd U y F� 'cz N N ~d cz cz i eft If i41j cz 0 �� ttf (f i CZ O } nr 1 r i r N c _ t 4 r )7 t r i S 0 w u w o� o r 0 0 0 o o o r o cz cz C� t l 1 cz r; r qtr up- cz s A.2 f r 1f 11 rtli S4 l7 tl 1 O S 4% R.t r r O W U U W bq ct } t >r t }r} } t t� �t 1 t tttr r} } S } U O � TP ti cz czct U cz n F cz N CJ4 cz A cz O Z } - p cz ct ct U H cz C7 0 0 cz t cz o } t ,ti } } } t t , r `} r t� t 0 0 �t c � U } U U� o 0 C� C� AC5 cz -A � � F'r 1r //c�C, SStf{k ` F=I GZi 'rl ,,_It S f } � A.3 f r 1f f stk } ri ,i rr)t tt�s N !i}t!i f4l7 tl 1 W O s} r O W bA CC CC ,k ,OO c� � rs r Y i t r 4 rk Js}r`r i � t k U J Vl Vl Q.i � ti cCCZ cz H 7� 7� `t W b�q b�q N N U 00 00 It r} k l cd 1 r r s ysS 41lJ{ 00 bb N � 1 } s U U `� 4 N N O krt z it s rt:4 s 1 .sss st 4 U ikc , t U rkR�r� kir � N r r Ss t kt � � p 1 {ft r e4 }7s t N r Ir } t r } t £r} r s t .y 1 _ cz S T� T7 V W A.4 A.5 cz U Ycz u cz U TM„ v } 11 Y ( t £ t t N w�Q Q w wa a Ad t , { `r ✓ � i rt Jt} ;: msy"� FFrOrii FFrOriic� lb YN O u � y c w rT4ct o ` ct v Q w w £ w w } kit <<t t � 7-r —ct t tl td ct U .w f 7 I A.5 f r 1f rt ��rrrrcyt cz S1}t!i 547 1 j,. �f c .Ur 7a 1 C O �z ca i N i I } C ct ct r } ; bq Sy t } s� ° 4 N CZbb t ` bb bow bb cz H }rl t }f 4 $ r bb \� t` FD O s s a bo I } i4 } + } r f7 r t: ; -. r �r f ii f b4 O tb cz ijt t i 4, v bb ,-y V r } bb q ° Ca � b bb } }} A.6 N a A.7 A.8 0 A U U W Y �r 4 cz O 00 U cz W r cz O U ct 3 N cd cz 00 w U ct M� ca y Y cct Py O cN cz �' , r '� ry�z U O cz c + + CC O Q czcz x 75 cz cz c o° � 0 p + o U U cz W r, w o ct w* cz o cz on o �c cn r pa " U +4 ct cz —cutbD Py J O u u .y u s, d� A.8 A.9 �w w� � O O U N � U U 7-r W ,a O .y Q -I C cz 4.1 ct C, u � 0 H cz 0 p bD cz Pr iy. 00 O r by 4y cC O N I Y U p ° ,, cz bD ,fir N �-- N N �r CC F"r U Vl � I CC cC ' cC/y1 F4 O 11 cfj 0 -411 cz !w w U U �i O w cz O O O dF � dF dF cz u O O it ^� cz cz w o A.9 A.10 a 0 O ct � 0 N Y ct Q -I U � � � O cz cz v � O O O a cz a a w cz w r ao cz czcz Www u o U Uy a� o 0 A O 00 l-- bb Cj v W 7 N 'N O z CC N N 00 bb ca � W � N 0 N U � Op O C N bb 41 tb cz � � � � � �.^�dl ^�I � F'B'I U U F'B'I � F'B'I l� � ✓ V A.10 A.11 CC FSI +, cz� 0 'u, U cz LT1 � U N "a �I O _ O U U O O O T bq M In � llc� CC czcz N cz y --I an � an O CC U cz75 cz UX, Q a 41 S A.11 A.12 0 A � M Li O' N .fir � N A; Pr � N N N -a H O � u � � � O u 0 A.12 A.13 A.14 T IT"TT 711 1 11 1 1 "1 4444444 e� t7777117 i. 77 7) 71 m " r I) 7 71 u.& 1 777 I � sa ; A.14 0 0 0 0 0 6 0 6 6 0 0 0 0 0 0 0 0 0 0 0 0 O 6 00 011� O 6 0 0© OO 0 0 0 0 0 0 0 0 0 0 A.15 ®000000000 24 V U U rl O N U U N � rl O N U o � � 0 N � � e O O O O O O O O O O � O N 'C O U U O _N r+y Q 1�4 H A.17 Appendix B Disaggregated Energy Costs and Life Cycle Cost Savings s L aU .y N N ci N t0 m N N N O ci n ci N N ci N m N O N N O `� N I� N 11 c -I N n ci c -I 1 yg U O O N .N.. O G R h U +' 9 L U a U NO m O O O � O O O O m �Il I� t0 m t0 u O 00m t Oo .4m O o N.4 o w m m .4 m 4C t U „Ny U O N N N N N N N N N �Il N �Il N �Il N �Il N N N N N N N N N tp N �Il N �Il N tp N N N N N N N [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o rn m i. N 0 lo � m �n �n a .� m o N �n � d �o a rn rn .� A rn o o .� a rn a �� m .� .� � � � rn rn .� rn o o .� m lo oo oq o g a -i Lq Ln O lo U C N ci N �Il O �Il m tp N �Il N ci N tp ci tp N tp O �O I� m tp m �Il N tp m tp N tp m tp ci cU O ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci y [z] N G N R h N O U +p L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN �I1 ci O ci ci O �I1 Lq ci O ci ci O C Lq t0 O N N O n Lq t0 0 ci 0 C 0 oo ci 0 O O Lq O O Lq O O Lq O .ti O N n tp N ci m N C n t0 N ci m U D ti o o o ti O ti o ti o o o ti O ti O ti o o o ti O ti O ti o o o ti O ti O ti o o o ti O ti [z] N N O N U O m I� m O� O� N ci ci m ci ci N O m m N t0 N m w w ot0 n m N m w L O N G 9 U L O t0 ci t0 m m O� m tp w Oo t0 ci n O� n �I1 �I1 ci m m O �I1 m m m O tp N .ti tp m m O� m o m m -o m ci C C t0 ci V N tp I� t0 n t0 n n n t0 N ci t0 ci ci t0 N ci n m ci t0 n t0 n t0 n n n t0 N ci t0 �y ci t0 N ci n m ci t0 n t0 n t0 n n O O N U L G U O N a E E E E - v - c L Qi J E bA .cE J bA .c J E bA .c J E bA .c J E Eb .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E bA .c J E Eb .c J E E v Y v Y v 0 C v 0 C fl- Q N Y v Y v 0 E v 0 C fl- Q N Y v Y v 0 C v 0 C fl- Q N N N m Y v m Y v N C v um C fl- Q v Y v Y vvi 0 C v 0 C fl- Q N y N N E E ---EE N E LL LL N N LL LL N N LL LL N N L1 -o Ll -o L1 Ll L1 Ll L1 Ll L1 Ll L1 Ll Ll � cc cc v v .. ro .. ro v v v v .. ro .. ro v v v v ro ro v v v v ro ro v v v v ro ro v xi N v w t0 C7 t0 C7 0 0 v v w t0 0 t0 0 0 0 v w v w t0 0 t0 C7 0 0 v w v w t0 C7 t0 C7 0 0 v w v w t0 C7 t0 C7 0 G p v U v U v U v U v U v U v U v U v U v U v U v U v U v U v U v U E E E E E E E E E E E E E E E E t0 t0 t0 t0 t0 t0 t0 R f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO bo bo bo bo bo bo bo 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 v N v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 o 9 0 9 0 9 0 9 0 9 0 9 0 9 O PT. u u u u u u u u u u u u u u u u v v v v v v v v v v v v v v v v 'a 'a 'a 'a 'a 'a 'a 'a 'o 'o 'o 'o 'o 'o 'o 'o 'a 'a 'a 'a 'a 'a 'a 'a 'o 'o 'o 'o 'o 'o 'o 'o 'a 'a 'a 'a 'a 'a 'a Eo b 0 b 0 b 0 b 0 b 0 b 0 b o b E E E E E E E E o b 0 b 0 b 0 b 0 b 0 b 0 b o b E E E E E E E E o b 0 b 0 b 0 b 0 b 0 b 0 b R O ^_' O ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci U s L aU nm'1 N o m t0 00 n m^ C^ O w N w N N m^ tp ci w tp `� m w I� m N w U O\ � ci ci ci ci ci � ci ci ci ci ci ci ci ci yg U O O N .N.. O G •; R h U O +' 9 L U a U m N m O� O� N tp O� O� ci ci C n t o n N N N O N t0 ci N �Il I� O m u m m O N N N m I� m N ci O� w tp W O� m .4 N O� w N ci N O� ci �Il I� o O ci � .4 N' m O� O m m O� O� w O� w I� O N � � m �Il � �Il � �Il tp �Il � 't O 0 �Il O �O � N �Il �Il O� tp tp O .ti N w � m m m 't N U O [z] N N O N r L aU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o0 �n o0 � �o �o m .� m rn � � .� N m m � � rn .� rn o � .� � N �o �o �n .� .••. U C ul oo C oo C O C n O C O m cU O ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci y [z] N G N R h N O U +O L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I� C O Oq C N m O O Lq O C ci ci O C Lq t0 O N m O t0 Lq t0 O m m O N C O N N O m Lq O ZO C O C t0 O C g m O n m n O U D O ti o o o ti O ti O ti o o o ti O ti O ti o o o ti o o o ti o o o ti o o o ti o o o ti o [z] N N O N U L O N ci �I1 ci � O � ci �I1 N ci C N � ci C ci C m N m ci N ci m N � tp w m o O G 9 U U L I� t0 'o O t0 ci N n m m oo t0 O o O m lo.� rn o m m N I� t0 ci t0 ci t0 ci n ci t0 t0 t0 t0 t0 t0 n t0 t0 ci t0 ci t0 ci n ci n ci t0 ci n ci � ci n ci t0 ci t0 ci O O N U L G U w o N a N a rn m O m a o N a .� .� w m rn .� ,n o ti .� m o w N .� ti rn w o w m o m 0 N a E E E E E E c L Pi bA CE J bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vivi J E bA C J E bA C J E bA C J E bA C J E bA C J Evi bA C N C E U m U m, mp mp C :° C :° U o U t0 mp mp C :9 C :° U t0 U um a a mp mp C :° C :9 U t0 U t0 a a v m v m v - :° v - :° U C U C fl- a y N N E LL LL LL LL E E LL LL LL LL E E LL E LL LL E E LL E LL LL E E Ll L1 Ll v ro ro v v ro ro v v ro ro v v ro ro v v ro ro w w _ = w w a+ a+ w w _ = - w — a+ xi N w v w t0 C7 t0v C7 0 0 w v w t0 C7 t0 0 0 0 v w v w t0 C7 t0 (D 0 0 uu v w v w t0 0 t0 0 0 0 v w v w t0 0 t0 0 E E E E v v v v v vv v v v v v v v p f0 f0 f0 f0 f0 f0 f0 f0 f0 m m m m m m m m m m m m m m m m U f0 o f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 U f0 C C C C C C C C C 9 c o 0 0 0 0 0 0 0 0 v v v v v v v v v v v v v 3 3 3 3 3 3 3 3 3 3 3 3 3 3 PT. m m m m m m m m m v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v v v v v v v v v v v v v v 15m 'a 'o 'o 'o 'o 'o 'o 'o 'o u 'a u 'a u 'a u 'a u 'a u 'a u 'a 'a 'o 4 4 L E E E E E E E E o 0 0 0 0 0 0 o E E E E E E E E E E E E E E R O ^_' O ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci N N N N N N N N N N N N N N U s L aU � � t0 N ^ � N ^ 00 00 t0 m^� N m w t t0 W t0 ci W N O W O w m m w C n m U O\ ci ci ci ci ci ci ci ci ci ci N ci N ci ci ci ci yg U O O N .N.. O G •; R h U O +' 9 L U a � U m n N t n t0 t0 m O �O O �O I� n m O m ci N O� m m N ci o� N u N N O� O o� C m m � m m I� m t0 N m N N ci I� O n't o O ci N N n � n O m O� w m N � I� � � ci t0 � ci I� m O� rn N I� � � � � n n � w � ci ci �Il �O �Il U O [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o N o q u lo o oq � O �n rn� �n � O oq a� .� � o g N oq i. � i. N a o i � m oq i. .� � rn u. � � � i. � O .� ti � rn � N � G� rn rn m m oq m rn O � O-i -i -i o oq O� rn u� .••. U C m tp �Il I� N t0 N � m tp �Il I� N � ci � m tp �Il O� N tp N � m I� t0 O N n N � � m � � ci m ci cU y O [z] N ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci ci N ci ci ci ci ci ci ci ci ci ci ci G N R h N O U +p 7 L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN o m a 0 O Ln O o q a O oo O m g m-;t O rn O m N O a rn oo F� o O Ln q;� a m O I- m N a oq .1 a Lq m m N m a i. a 0 O m �n U O O ti o o o ti o ti O ti o o o ti O ti O ti O ti O ti O ti O N O ti O N O ti O ti o o o ti [z] N N O N U U n n mo O ^ m O� N m �I1 N N^ t0 w 0 �I1 O ci m N m N N m L O N G 9 U U L t0 m ci O N N O� � � m N t0 to � m �I1 N O� �y I� ci t0 ci t0 ci � ci n ci � ci t0 ci n ci n ci t0 ci n ci � ci n ci � ci t0 ci n ci n ci t0 ci t0 O N O U L G U m o� �n � m Oa^ � � .� N o O N � O � � O O � - v- c L Qi J E oA J E oA J E oA J E oA J E oA J E Eb J E oA J E bA J E bA J E oA J E oA J E oA J E oA J E oA J E oA J E Eb J E oA J E bA J bA J C C sem+ sem+ C C O. O. C C sem+ sem+ C C O. O. N C N C uc sem+ cu sem+ N C C O. O.N C N C cu sem+ cu sem+ N C N C N C N C u sem+ u sem+ C C Q y N N .N N LL .N N LL .N N E E .N N L1 v Ll v LL v LL v J ro J ro LL v LL v U LL -o v LL -o v J .. ro J .. ro LL -6 v -6 v cc cc LL -o v LL -o v J .. ro J .. ro LL -6 v -6 v cc cc LL -o v LL -o v J .. ro J .. ro LL -6 v LL -6 v cc cc LL v LL v J ro xi t0 t0 t0 t0 t0 t0 t0 t0 t0 t0 N v v v v v v v v v G v v E E E E E E E E E E E E E E E E p R U Q U Q m m m m m m m m m m m m m m m m f0 bo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo f0 tlo m m m m m 3 3 sem+ sem+ sem+ f0 f0 v io v io v io v io v io v io v io v io v io v io v io v io v io v io v io v io o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m v m v m v m v m v o PT. � � v v v v v v v v v v v v v v v v m m m m m m m m m m m m m m m m 'E 'E 'E 'E 'E y E E E E E E E E E E E . . . . . . E E E E E E E E R N N N N N N N N N N N N N N N N N N N N N N N N N N N N U s L aU N 00 N m^ N 0 N N N m ci m 00 N m �Il N 00 o m m o, N O o m m O� w N 1O m m �Il .� N O a m m tp o m °i O .� m N o N `� .� m `� m w' N W o m m m m ci U O\ ci ci ci N N N N N ci ci yg U O O N .N.. O G •; R h U O +' 9 L U aU rn a o 00 00 o 00 m w w m m o w m O N o a rn t N N N ci 00 O 3 O 00 N �Il m O m m w m NO n C N t0 m N m C N M t0 w C N w m N O� I� ci m N ci m O O w t0 m m O 3 m m �Il tp tp m N tp N N �Il I� N m I� m U O [z] N N O N r L aU U o 0 0o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o �o o0 m oq a��� lo rn � � i. � N � g o rn rn ti rn ti m 00 oq 00 oq N o i. ll� m u� rn u� m i. ll� rn N o N 00 o m 00 vn -i O oq O o .� � O oq � u� ti � � ll� .••. U C N ci C t0 O m O N N N O C C m O m 0 n 00 ci m ci tp m N tp tp tp C ci O .ti O C m c y U O [z] N ci ci ci ci ci ci ci ci ci ci ci N m ci N ci N ci N N m ci m ci N N m N m ci N ci N N m N m ci N G N R h N O U +O L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �o m -;t O -;t�o I� O -;tm q O �o m O m N O m ti O O -;t O N m m 0 O O o rti m n O;� m a -1 m O o m O m O -;t O N N oo O O ti O O O U O O O O ti 0 0 0 ti O ti O N O ti O N O ti O m O ti O m O ti O ti O ti O N O ti O N O ti 0 [z] N N O N U L U 0 N m m m^ m� w o O� m N t0 n m O ci m m N O N ci I� w O �� w� m m m n t0 N m� �Il �Il m m� t0 I� ci m � N N rn n N m N n O O� m� ci n O O� w m N�� -;t N m m m m .� m O m w G 9 U U t0 m O O O O Oci m 1t0 Oci Nm C � C nt0 tn0 m OO0�� 10 O o0 C O mm N mm �ci OOi cci ci cci IO O'oC N O O N U L G U w LC-I m mci cmi O ci N�Il N ci m t0 O tp �Il I� np CO m mm m O cn� O OIw O N m O ON m O �NO m O N w ci w ci t0 ci n ci � ci � ci t0 ci n ci m w ci n m ci � m � O ci ^ ci O ci N � ci � ci O ci N � m ci � ci a E E E E E E c L Pi bA CE J bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vi J E bA C vivi J E bA C J E bA C J E bA C J E bA C J E bA C J Evi bA C E N C C sem+ sem+ U N C U 0 C O. O. C C sem+ sem+ U 0 C U 0 C O. O. C C sem+ sem+ U 0 C U 0 C O. O. C C sem+ sem+ U m C U 0 C O. O. uu C C v sem+ v sem+ U 0 C U 0 C .N N E 'N N 'N N 'N N 'N N LL LL J LL LL LL LL J J LL LL LL LL J J LL LL LL LL J J LL LL LL LL ro v v v v m m v v v v m m v v v v m m v v v v m m v v v v M Y w m w=_ f0 Y Y w f0 w=_ f0 Y Y w f0 w=_ f0 Y Y w f0 w=_ f0 Y Y w f0 w f0 0 0 v w v w (D v w v w v w v w v w v w v w v w p E E E EN v v v v v v v v v v v v v v v v v v v v v v v m m m m m m m m m m m f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 um m m m m PT. c > c > c > c > c > c > c > c > c > c > c > u u u u u u u u u u u u u u u u u u u u u u u u v v v v •? E .c c c c c c c c o o o o o o o i i i i L.Sy L E E E E E E E E E E E E E E E E E E E E E E E E R U s L aU ^ O a oo o m o ti a a m o `n ti 1 O w 1 O w O w I I N w U O\ W ci m O ci N m N m N m tp m ci m m N m ci m 0 ci (V I� N N^ N �Il N O ci ci w ci O m �O N ^ t0 N N ci O N O m w N yg U O O N .N.. O G •; R h U O +' 9 L U a aU E U ci I� n ci C N N ci O .ti t0 m n m ci t0 n m O N m tp O� O� .ti O O O n ci N m t0 w ci u � tp O� oo N � � ^ m � O � N t0 C � m O � ci tp m � O� O ^ m m ^ � tp � � tp �I1 O N t0 � ci tp m .4 O U �•y N I� � � N n N t0 m � �Il m O� m O� � � N O� m m U O ci ci �y �y �y [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l �n a .� .� � .� N a �n O o In lo m oq o0 .� � � ti N N ' rn Ln �n r m r o� oq N .� O .� Lq Ln rn N o0 oq a� lo � N lo u� �n I� �o -o .� o� oq oq o� o� oq un �n a a � u� O -i m m .••. U C m O oo oo n C oo m N O C C N n t0 t0 C O O m m t0 N m O n m oo c y U O [z] N ci N ci N N m ci N ci N N m N m ci N ci N N m N m ci N ci N ci m N m ci m ci N N m N m ci G N R h N O U +p L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN N O n O O ci n O m ci n rn O m m O O O .� N oo O Lq O rn n a ci N .� n .� oq �o n -1 oo m m m o O o nZf� N oo N oo t0 ci o �I1 U O N O ti O m O ti O m O ti O ti O ti O N O ti O N .ti ti O N O N O m .ti - m O N .ti N ti [z] N N O N U U �Il I� m I� n n O n m N n^ N n ci n N N OO O N O m o� m m O� m L 0 N N ci ci m ci m O t ci G 9 U U L m 'oO m m O� m m O� m O� tp ^ tp tp O Oo Oo N I� mm m O m O N O m N O O N U L G U W Lz] L -I .ti �Il O �Il m O� tp ci O C ci m m C tp � O .ti m �O � O� N O N m ci O C m ci O� m tp I� O N m m O N � ^ N � N m � � O t0 I O m v - L Qi J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E bA J E Eb J E bA J bA J E �- �- v N v v Y v . U N C U C c O. a umuv v v Y v Y U o E U o E O. O. v v v Y v Y U o E U o E O. O. v v v Y v Y U m E U fo E O. O. N N v Y v Y U N E E E E E� E LL E E E E LL LL E E E E LL LL E E E E LL LL E E E E LL mm v v v v ro m v v ro ro v v ro 4. ro -o v -o v v v 4. ro ro v v R v _= v w w — +� — — w — w v v — —u — +� — w — v v — — — — v v — — — — v v — — — xi O O N u v to to O O v v to to O O v v to to O O v v to to O O v v to O p R 4i E m E m E m 4i E m E m E m E m 4i E m E m E m E m E m E m E m E m E m E m E m E m E m v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA v t0 bA o PT. v io v x v io v x v io v x v io v x v io v x v io v = v io v _ v io v _ v io v _ v io v = v io v x v io v = v io v x v io v x v io v x v io v x v io v x v io v x v io v x v io x O o in O m in O m in O m in O m in O m in O m in O m in O m in O in O in O in O in O in O in O in O in O in O m in E- - - - - - - -- 'o 'o 'o 'o 'o 'o 'o 'o'o - - - - - - - ' ' -o -o -o -o -o -o -o -o o o E E E E E E E E E E E E E E E E E E E E E E E E E E E R U s L aU O o 0 m rn o� w o a w o� m m .� w U O\ ci N ci N N ci ci N N ci ci N N ci N yg U O O N .N.. O G •; R h U O +' 9 L U aU a o O m m � m � m rn m N .� o� w o� � m .� O O � G rn N [z] urte] o O N m m N C O o� O n N oo � ci m I N m n o w N "� N m m O N tp m `� � tp `� � � n N t � ^ N N oo tp O� `� m � `� � � m � ci n 't oo O m ci ci 't m tp tp tp m � 't m U O ci ci ci ci ci ci ci ci ci ci ci [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o rn N �n o m �o .� o0 N �n �n m m �n o q oq q Lo .� mll� � ti ll� � m ti r*� oq oq a oq ti ll� a0� r*� N N rn oq N o o0 rl .� lo O Ln N m Lq Ln ti lo .••. U C m oo n N m ci ci m ci oo oo oo C O O O O m C N O oo oo oo n c y V O [z] N N ci N N m N m ci N ci N ci N N m ci m ci N N m N m ci N ci N N m N m ci N ci N ci N ci N G N R h N O U +O L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN O� n I� m oo O N O ti oo O O C O O m m 0 O O O O rti oo n n O;� oo rti Zf� O ti m g O N O C O O N m O N Lq t0 O oo ti n O N N C O O rti w O O N O U O O N .ti N ti N O ti O N O ti O m O ti O m O ti O ti O ti O N O ti O N O ti O N O N O N o [z] N N O N U H N tp ci tp m m O n N N ci t0 N m^ O tp ci O N m m N O 3 O ci m 0 n C N n ci N O� t0 m rn N O .� �y ci O � o O .� L 0 N m O m O o O N O N G 9 U I� w N^ t0 N ci N ci ^ N O C m -o - O - w - O - O n N n N n ci ci m m t0 N c -I c -I m c -I m t0 O c -I n m c -I c -I m tp O� t0 O c -I n c -I c -I N c -I c -I c -I c -I n N c -I c -I c -I O O N U L G U w L -I ci ^ o t0 N o O w N ci N I O O m m m N n m N N m ci O O� �Il m �Il � m O� � ci O� � tp O� � ci ci ci ci m m � m � ""� m � N O� m I� w C O N m ci w �Il ci o O .ti N m w I� w O o t0 m m tp o O N N m N m ci ci O o N N a E E E E E E c L Pi oA CE J oA C vi J E oA C vi J E oA C vi J E oA C vi J E Eb C vi J E oA C vi J E bA C vi J E bA C vi J E oA C vi J E oA C vi J E oA C vi J E oA C vi J E oA C vivi J E oA C J E bA C J E bA C J E bA C J E bA C J Evi bA C v C O. O. C C N sem+ v sem+ v C v C O. O. C C N C sem+ v C sem+ v mp C v mu C O. O. C C N C sem+ v C sem+ v up C v um C O. O. C C N C sem+ v C -2 v mp E v um E a a C C v C sem+ v C sem+ 'N N LL 'N N LL 'N N 'N N E E E 'N N y LL J a J s LL LL v v LL LL J a J s LL v v LL LL J a J s LL v v LL LL J a J s LL LL v v LL LL a s LL v v ro ro v vu uro ro v v ro ro v vu uro ro v v ro ro v v M Fr1` N Y`` m m _= w w Y Y`` f0 f0 _= w w Y Y`` m m _= w w Y Y`` m m _= w w Y — Y (D O 0 v v w (D (� O 'o v v w (D (D O 0 v v w (D (� O 0 v v w oww O 0 v v O E E E E E E E E E E E E E E E E E E E E E E E E p to to to to to CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO U U U U U U U U U U ofJ C ofJ C ofJ C ofJ C ofJ C Q Q Q Q Q Q Q Q Q Q 9 p o 0 0 0 0 v v v v v v v v v v v v v v v v v v v v v v v v — 3 ro 3 ro 3 ro 3 ro 3 ro 3 ro 3 ro 3 ro 3 ro 3 ro m m m m m v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > v c > y •� o 0 -6 -o -o -o -o -o -o -o m m m m m m m m o 0 0 0 0 0 0 0 -6 -o -o -o -o -o -o -o m m E E E E E E E E E E E E E E E E E E E E E E E E E E R U s L aU pU too t0 N C O� ci m O O ci C m m ci �Il ci N n m N m N ci ci C �Il wci w �Il ci w m N I^ N w I t0 yg U O O N .N.. O G R h U +' 9 L U a aU m rn m m 'n 00 00 m 00 �n 'n �n °i �n a t o a w m 't m .� �o �o �o N .� r' N o o °i o .� [U] C o d m O 00 O N N O ci N 1 ci ""� O m N N �I1 �I1 ci ci N w w m m w C o �I1 O C m C o N N m Oi m W w m w I� N w t0 O O N C t0 w w �C C O w00 U O ci ci �y [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o e �n m o o0 .� �n oq �n N �o N m o �n o �o � N �n o m o o �o a lo .i .� o0 oq rn� .� lo m l0 0 g N 0 o, .� N a o q o, m 0 rn On rn Og rn � i* orn q m OU 0 O0 rn rn i. rn� N i. 0 m 0 N U C m N N O� �Il tp N N tp tp �Il �Il O O O .ti m C N O 00 m m 00 m N ci 00 �Il tp N N tp tp �Il �Il O� ci N c y U O [z] N ci N ci ci ci N N m ci N ci N N m N m ci N ci N ci N ci N ci N ci ci ci N N m ci N ci N ci m N G N R h N O U +p L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN tp �I1 O O I� O ti 00 O C m t0 O oo ti C O n m m 0 ci t0 O t0 N 00 O C N O O .ti t0 m n O n m 00 0 0 0 m O -1 N m n O ci O n O N N C O oo m m 0 C t0 O N U O O N O ti O ti 0 ti O N O ti O N O ti O N O N O N O ti O N O ti O N O ti O N O ti O m [z] N N O N U 00 ci ci O� O N m ci N n O O 00 00 00 t0 00 O� ci I� -;t 00 O -;tO m ""� M N N m I ci m m L O N c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I c -I G 9 U L WU O� ci m ci ci m m N 00 N m O 00 m^ tp ^ O �Il 00 m N m m m^ t0 ci I� n m C m 0 N 00 t0 m 00 n V N � O� I� N ci 00 t0 ci m m ci � O ci n m ci m 00 ci n �Il ci � m t0 N ci n ci n tp ci � m t0 N ci n �Il ci 00 000 ci � ci n m ci 00 I� ci n O O N U L G U W L -I N O n m m m O 0 n w m t0 m ci O N O N `� O n ^ m m `� N N I� 00m O n N m ci N ci t0 m N � O N N �Il .ti ci w C � 00 ci tp N m �Il O N ci �Il O O I� w O a E E E E E E - v - c L Qi J E oA .c J E oA .c J E oA .c J E oA .c J E oA .c J E oA .c J E oA .c J E bA .c J E bA .c J E bA .c J E oA .c J E oA .c J E oA .c J E oA .c J E oA .c J E oA .c J E Eb .c J E bA J E bA J E E U 0 U 0 C C sem+ sem+ U 0 U 0 N C N C E sem+ E sem+ U N C U M C O. O. N C N C c sem+ c sem+ U N C U mu C O. O. N C N C uc sem+ u. sem+ U N E U um E O. O. v C N C u sem+ .N N .N N LL .N N E E .N N E E .N y LL LL J a J s LL LL v v LL LL J a J s LL LL v v LL LL J a J s LL v v LL LL a s LL LL v v LL LL a s LL LL v ro ro v v ro ro v v ro ro v v ro ro v v ro ro v v Fr1 w f0 w=_ f0 Y Y w f0 w=_ f0 Y y w m w=_ m f0 f0 f0 f0 Ul W (D (D v w v w (D (D v w v w (D (D v w v w (D (D v w v w (D (D w G p v cu v cu v cu v cu v cu v cu v cu v cu v cu v cu v cu v cu v cu v v m R f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q m m m m m m m m m m m m m m m m m m m m m m m m bA 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 v N v f0 v f0 v f0 v f0 . v f0 . v f0 . v f0 . v f0 . v f0 . v f0 . v f0 . v f0 . v f0 . v f0 . v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 o 9 O PT. u u u u u u u u u u u u U u v v v v v v v v v v v v v v v v v v v v v v v v ` E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E R U s L aU L -I O t O t t m m ci m t c O O N w t0 w m O ci I ci �I1 I� ci �I1 ci tp O m C m w m m N ci C n C t0 O m ci �I1 I� m O tp m �n N m ^ m N N O N .N.. O G R h U +' 9 L U aU rte[z]] 0mI�0 0 o O O oo N m rnN mm u 00 m O 0 3 0 0 O m00 t oo m O oo O t00 't m O m 0 O w 't 't w N O N t0 t0 ci �Il U O ci ci ci ci ci ci ci ci ci ci ci [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o rn � oq Oq m� Oq tp rn �Il N tp .� � m Oq N N o N N m -n ci O� oq � � tp oq Oq o, ' O q 0 N a ci o, Oq 0 m � m m �o .� �o �o m m .� �n a m ci ci U C m tp m m ci O .ti C C N n m C oo O oo oo m00 n N N ci m t0 c y U o [z] N m ci N ci N ci m N m ci N ci N ci N N m ci m ci N N m ci m ci N ci N ci N ci N ci N ci ci ci N G N R h N O U +O L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo m oo m m oo a 0 a g O 00 00 00 00 O N O m a o r� O O 00 N O a a 0 oo r� O O m .ti N ti m .ti N ti m .ti N ti m .ti ti m .ti N ti N O ti O N O N O N O ti O N O ti o [z] N N O N U U t0 I� ci m o� O� O� O I� ci m O tp o I� t0 N t0 N m O m I n w n N ci w L O N m ci O� w m O o �Il o I� � � m m w � t; � n O N n m � ^ N t0 � I O O � ci � o O � m w G 9 U Uo L w n � O N m O C m m n N w O� t0 N C O� n �Il w O� m N ci t0 O I� N ^ � m � m m C N O m N^ I� m N m N tp O O N ci O N N O w O� m I I� o O -o t0 O m V � ci � � �y � ^ N � � N � ^ N � O O N U L G U W N m m w^ O t0 N O N w O ci m't m o w O �fl w n N N O ^ t0 .ti m N O I O I N N n I� m w w o w ci w m m^ ci N m t0 m C t0 w O N m �fl O N N N C O O m ci ci ci I� C � n ci C N N ci m ci �Il ci a E E E E E E E E E E E E E v- v- v- v- v- v- v- v- v- v- v- v- v- v- v L Pi bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J Evi bA C E Y U 0 C U 0 C Q Q 0 0 Y Y U E U C Q Q 0 0 Y Y U C U C Q Q 0 0 Y Y U C U C Q Q 0 0 v Y v Y U N E U N E Q Q N u N E E E E — N E E E E — N E E E E E N E E E E — N E E E E y LL LL L1 L1 LL LL L1 L1 LL LL LL LL L1 L1 LL LL Ll Ll � v v .. ro .. ro v v v v .. ro .. ro v v v v .. ro .. ro v v v v .. ro .. ro v v v v ro ro v v Y Y`` _ = w w Y Y`` _ = w w Y W v w f0 (D f0 v w v w f0 f0 v w v w f0 f0 v w v w f0 f0 v w v w f0 f0 v v v v v v v v v v v v v v v v v v v v v v v E E E E E E E E E E E E E E E E p f0 f0 f0 f0 f0 f0 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 10 f0 m m m m m m m m m m m m m m m m G C C C C C C C C C C C C C C C C C C C C C C C v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v PT.° m m m m m m m m m m m m m m m m m m m m m m mv > > > > > > > > > > > > > > > > o E c - c - c - c - c - c - c - c�������� - c - c - c - c - c - c - c - c - " o 0 0 0 O O O O -6 -o -o -o -o -o -o -o ` E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E R U s L aU N ci oo ci oo to I� ci m t0 �I1 N N n m N I� I� m ci to ci N �I1 to N N I� N w I� N m ip ^ W m m N m N m I� N N m N m N m t0 N N m ci m ^ N m to N ^ N m O N yg U O O N .N.. O G •; R h U O +' 9 L U aU o� o m a o� a O ti a rn m N .� rn o� 0n ti .0 G a o m a .� O m °u in m rn m o� N 1 a m rn o O o 0 N m m .� o� m N 'n °� m m �° "� °' N N �o m �o O N N N �•y m �Il oo �U N o m m m r' O � � �Il � � � � m N �o 3 to o� N �o I� o � N rn m � m rn N o o m rn m N � m �Il n � � m N o I� o� w N rn n rn m N � �Il O N rn m N m m m rn m N � �Il U O �y ci ci �y �y [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o q �� �n m o q .� o .� � � a �n N m� N m m �n i. o�� o0 rn m .� .� .� .� o rn .� �0 N 0 0 q 0� oq G rn m N rn o0 i. 00 to N ci N m t0 O O t0 t0 m 00 O m C m N m n n ci ci to to to to m c y V O [z] N N m ci N ci N ci m ci N ci N ci ci ci N N m ci N ci N ci N N N ci N ci ci ci N N m ci N ci N ci G N R h N O U +O L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN a m O oo ti a O m m 0 0q O m O O m 0 m 0 -1 O g O m N a O a N oo O o O O N oo O m m 0 Lq m O N -1 O oo oq O N a O N oo O m q U O O ti O N O ti o N O ti O N O N O ti O ti O N O N O N O ti O N O N O ti O ti O N O ti [z] N N O N U N t0 t0 m w N m t O m n ci O ci `� t0 O ci m O C m ci N O m m ci m L HU Vi O N to O� m^ O� ci � O ci ci ^ C m ci O� � n I� ci O � C m ci � t O ci I� ^ N � ci ci � O w ci m O ci ci � N ci m ci m m ci I� ci ci N m N ci O m m I N ci ci N ci m w N n O ci m m ci I� G 9 U U ^ I� t0 m C N 0 m n N N to C^ ifl ci t0 O� O m m O� O ci ci ci ci m N N m ci ci I� m N m N ci N ci t0 N I� O m m O C t0 m `—' m N N n ci m O� I� m O N V w O m I� m O O� ci C N ^ m to O N^ N I� O O N U L G U W m O N O N m O� N t0 N t0 L-I O n O �fl O m ci I� ci O �fl O ci �fl ^ I� I� O� N I� O �fl t0 �fl N .ti ci �fl N O� m I� N `� m n O t0 .ti O O N ci ci O� N ci w ci O ci �Il N .ti ci N m ci I� ci O ci C N m ci C^ m t0 ci O ci m N m ci m N ci ci N ci m ci O ci m N N ci aE E E E E E E E EE E v- v- v- v- v- v- v- v- v- v- v- v- v- L Qi J E bA .� J E bA .� J E bA .� J E bA .� J E bA .� J E bA .� J E w .c J E wJ .c E wJ .c E bA .� J E bA .� J E bA .� J E bA .� J E bA .� J E bA .� J E bA .� J E wJ .c E wJ .c E w .c Or- E v Y v Y v 0 C v 0 C fl- Q N Y v Y vvi 0 C v 0 C fl- Q N N N m Y v m Y v N C v 0 C fl- Q N Y v Y v 0 E v 0 E fl- Q v Y v Y v 0 E v 0 E fl- Q y N N N N LL LL N N LL LL N N LL LL N N L1 Ll L1 Ll L1 Ll L1 Ll L1 Ll L1 Ll Ll � v v ro ro v v v v .. ro .. ro -6 v -6 v v v 4, ro 4, ro -6 v -6 v cc U v v 4, ro 4, ro v v v v ro ro v xi N v t0 t0 v v t0 t0 v v t0 t0 v v t0 t0 v v t0 t0 p v v v v v v v v v v v v v v v v CO CO CO CO CO CO CO CO f0 f0 f0 f0 f0 f0 fu mu f0 f0 m m Q m Q m Q m Q f0 Q m m m m m m m m m m m m m m m O PT. v c v c v c v c v c v c v c v c ro u ro u ro u ro u ro u ro u ro u ro u ro u ro u ro u ro u ro u ro u ro u ro u ro v ro v ro v ro v ro v ro v ro v ro v ro v ro v ro v ro v ro v ro v ro v 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o y •� o o N L E E E E E E E E E E E E E E E E E E E E E E E R U s L aU O m O O N N O N .N.. O G •; R h O +' 9 U L U aU o 00 00 o m o o rn OO� Om rn rn o O m m N O� O� ci I� ma w N O m o� N N m I0 o� m a m C io ti m m m rn .4 a m n in °� .4 � m N N �Il �o tp N �Il � I� m N� °i n N w o� m m N m a `° io G `—' m m o 4 m U O ci ci ci N ci ci ci ci ci ci ci N ci ci [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o0 o rn .� m m �o m .� o0 O 10 uo rn m O orn In l .� a rn' � O N a u m .••. U C O O O C C oo m m m n m m Oq O m m �Il tp � Oq Oq tp tp � O g O lO m O q m � O� N oo tp oo m N O g N lO tp ul I� t0 Oq t0 c y V O [z] N m N m ci N ci N ci N N m ci N ci m N m ci N ci N ci ci ci N N N ci N ci N ci N N m ci N ci N G N R h N O U +p L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN �o O .ti o Lq m o ri 00 Lq a m 00 o a a oo a oo O o Oq O N - O N oo O a 0 0 0 0 a m 0 U O O m .ti ti m .ti N ti N ti ti m .ti N ti N O ti O N O ti O ti O ti O N O ti O N O ti O N o [z] N N O N U U W� m O O t0 m in O C w C .� m m m m io m in w m io a m L O N O ci t ^ N N t0 N N t0 N O O N ci ci m C ci O N O w � O m N N O O� m^ tp I� O w m O N ci n N O w ci C O N ci ci w tp G 9 U U L O n m n t0 w m m tp N o OoO N m n n O N m N m m N t0 t0 w t0 O m ci m I� w t0 tp tp ^ ci ci n w V ci N O� I� �y �Il O� I� N ci t0 ci O ci N N ci ci �I1 ci O ci O N m ci O ci ^ m ci I� ci O ci m N N^ ci n ci O ci ci N O ci N ci ci O O N U L G U W m ci w `� w `� N N w m w m't m o O O I C m n m n t0 C O N m.ti t0 N .ti ci N ci �I1 N t0 m N N m m m O I� m O C O N O m O ci �Il N � N ci � tp ci O ci N N m ci m m ^ �Il ci O ci N N N ci m N O ci �Il N � m ci � I� ci O ci m N m ci m m � ci O ci m N N ci O m m ci m m � ci O ci m N L Pi bA C J bA C J bA C J bA C J bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v- bA C J v bA C E E E E E E E E E E E E E E E E E E Evi C Y C Y U t0 i U t0 i Q �p �p C Y C Y U t0 i U t0 i QQ �p �p C Y C U U C C U t0 U t0 t0 t0 v Y v Y U C U C y N N E LL LL LL LL LL LL LL LL LL LL LL LL � Ll v v L1 L1 a s L1 L1 v v a s v v a s L1 L1 v v -o -o a s v v -vo -vo a s v v v v vv,vv 4o 4o vv, 4o 4ov-v 26 -v6 cc cc y, ro ro xi N w v w m (D m (D v w v w m (D m (D v w v w m (D m (D v w v w m (D m (D v w v w t0 (D t0 (D E E E E E E E E E E E E E E E E p E f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 f0 CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO U U U U U U [p tlA tlA tlA tlA tlA tlA tlA tlA tlA tlA tlA tlA tlA tlA tlA tlA Q Q Q Q Q Q v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 3 3 3 3 3 o PT� io vm m m m m m m m m m m m m m m m v t v t v t v t v t v t v t v t v t v t v t v t v t v t v t v t ro v ro v ro v ro v ro v ro v > > > > > > > > > > > > > > > > R U s L aU Cin oo o� N N m m t^ m 00 m m I w C N m� tp � �I1 O w N C O� m t0 w ci ci �I1 N N O m � N .ti .� m N m m N m � N O �Il N O� �Il ci ci O� m m tp m N N O N .N.. O G •; R h O +' 9 U L U aU rte] a rn 0 o 0� a rn O rn 0 rn N �o m w m �o O �n a 3 N O ti m o u [z] O o m m m^ N m ^ t0 m 0 n m m �Il m m �Il I� C m m `� 1 0 O tp N m m O^ ^ 0 m m n N I� 1 � 1 � � N t0 m � ci �n � � �Il �o � N N � O N ci m O� rn N a m � �n I� � N^ � � N m ci � m a tp � N �o ci N O � N N m O 0 � m m a � ci O� w O� �Il U O .� [z] N N O N r L aU U oo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0-;t O N oq O rn o0 a � N .i O 00 Lq 00 -i m N �o �o rn o0 .� 00 00 a s 00 m rn O m 00 00 .••. U C m m rn O o0 m 00 m m oo �n m rn oo o0 O m o0 .� q 0 00 ll� Lq rl -i O rl ci C C oo m m O ci m C oo O m ci lo ci rn m o0 �Il 't tp rl: O� 't N � ci c y U O [z] N ci m N m ci N ci m N m N m ci N ci N N m N m ci N ci m N m N m ci m ci m N m N m ci m N G N R h N O U +p L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN �o o �o 0 m g O m O m m o0 O m N O .� N 0 N Ln �n O o0 a m O o N 0 a 0, O m O m m o0 O 0 Ln o a q U O N O ti O ti O N O N O N O ti O N O N O ti O ti O N O N O m .ti N ti m N m .ti m .ti N ti m [z] N N O N U U O m ^ n N m C N C m O N m ci N N N w tp O H N m O tp O ci ti�� �Il O� w ti� ci O� n w O m N m � �Il O ci � O m ���� N w m O �Il m �Il � w .ti tp � m n O O �Il ti� I� w^ O � ci O m ���� O I� O N n � O t0 � L 'y O N ci N ci N ci ci ci N N ci ci ci ci N ci ci ci N N ci ci ci ci N ci G 9 U U t0 ci ci 'o Oo w m m m ci m `� �I1 N �I1 �I1 `� O� �I1 �I1 ^ O O� C O� O m N �I1 N .ti n ci N O C - O N m m m O� O V ti O O ci O N ti ci N ti ci n ci ti ci N N O N O ci ci w ci O ci m N ti ci n ci O ci ti N O ci ti N O o w ci o O m m O o m N ci O N U L G U W m ci O� m tp ci ci tp �I1 om O �O T N N O �I1 N m tp N ci O �I1 I� tp I� I� O� m o� N m O O n O I ci �O m m 'tI� O ci m m O ^ `� m .ti N O C O N N ci O� N ci I� m ^ t0 ci ci ci �Il N m ci m m N ci O m � ci � N N ci ci I� N m ci tp m � tp ci O ci N ci m ci m � C ci O ci ci N N ci N ci t0 m ^ t0 ci ci ci - L J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J v- bA J v- bA J v- bA J v bA J C C sem+ c, sem+ U N C U N E N N E Ic sem+ Ic sem+ U N E U N E O. O. N N C m sem+ m sem+ U N C U C O. O. C C sem+ sem+ U C U C O. O. C C v - sem+ v - sem+ U C U C Q yL1 N N E E E .N N E E E LL .N N E E LL .N N E E .N N E Ll LL -vo LL -vo J J LL LL LL -vo LL -vo LL LL -vo LL -vo ao s LL LL -vo LL -vo a.o. s.o. LL LL LL -vo LL -vo a -vo -vo cc cc .o. .o. -v6 -v6 cc cc -2 6 -2 6 cc cc -v6 -v6 cvc cvc -v6 -v6 cvc cvc ro xi N w v w t0 (D t0 (D v w v w t0 (D t0 (D v w v w t0 (D t0 (D v w v w t0 (D t0 (D v w v w t0 (D t0 (D p U U U U U U U U U U E E E E E E E E E E E E E E E E v t0 v t0 v t0 v t0 v t0 v t0 v t0 v t0 v t0 v t0 v t0 v t0 v t0 R Q Q Q Q Q Q Q Q Q Q m m m m m m m m m... m m m m bA bA bA bA bA bA bA bA bA bA bA bA bA 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 3 t0 v N v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 v f0 o 9 0 9 0 9 0 9 0 9 0 9 0 9 0 9 0 9 0 9 0 9 0 9 0 9 O w u u u u u u u u u u v v v v v v v v v v v v v v v v 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o 'o y •� o o o N L E E E E E E E E E E E E E E E E E E E E E R £' C U s L aU m C O 't m m O O yg U O O N .N.. O G •; R h U O +' 9 L U aU mm m o� .� o a �o m o N rn rn � m � .� rn .� � � m rn o m N m O rn N rn m � N o �o o w m m m^ N m m m m � m m w 0 o 0 1 m m m C w N m w 't m ci � tp O 0 � ci � N � 't ip N O � w O � N N � 't ^ I U O ci N N ci ci ci N ci ci N m ci N N m ci N N m ci [z] N N O N r L aU U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o � �n � l o0 rnlqq� O cn 0 oq O � o rn 0 au 0 a a N .� �o o a m a N a���� Lq oq N ' N m cn N o� � on rn N �o o i. lo O rnqu m t .� au N o� lu� t un .••. U C C m �Il ci ci �Il I� t0 oo O m oo O O N O N ci ci m �Il tp ci N ci ci m �Il I� n N c y V O [z] N m N m N m ci N ci N ci m N m ci N ci m N m N m N m N m N m N m N m N m N m N m N m G N R h N O U +O L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m �n O a Lq O O m a 0 .� a m 0 0, O g O a m O m N oo 0 o 0 0 r--: O m a O oo 0 0 rn N 0 o oq O rn m a 0 oo 0 m N �o U O N m .ti N O ti O N O ti O ti O ti O N O N O ti O ti O N O N O ti O ti O N O ti O m .ti N ti [z] N N O N U U m O m tp tp m tp N I� n n n m t0 C O O O w C m O n L N 'y O N ci O ci O N N N O ci ci O N O ci C N ci ci n ci O ci N N m ci O m ci ci N ci N ci N m ci m O ci C N ci ci N N ci N N ci G 9 U U 'o N O 'o t0 m O n m m N n t0 m O t0 t0 m ci ci I� ci `� I� n n ci m I� O� m N I� t0 ci N N �Il ci N O ci O �I1 N O N mtp ci O O� V ti O ci O ci ci N O ci N N � O^ ci � �O ci o ci o N o ci N � .ti ci � n ci O ci N N m ci o^ m � m ci ci ci N N ci I� N N ci m N � m ci ci ci N N ci tp N m ci O� N � N ci O N U L G U O I� .ti m O� t0 � �fl �fl .ti o� w o O .ti m o t0 m �fl o� o� w I� N � O m ci N O N �I1 t0 .ti O o� w O N o O N N O� m tp tp o O �Il m N O� I� O � � � ci t0 �Il O m m �Il �Il o O a E E E E E E E E E E E E E v- v- v- v- v- v- v- v- v- v- v- v- v- v- v L Pi bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J E bA C J Evi bA C E v N v N v c v c o N o f0 v N C v N C v c sem+ v u sem+ o N C o m C O. O. v N C v N C v m sem+ v m sem+ o N C o mu C O. O. v N C v N C v .u.0 sem+ v sem+ U N C U f0 C O. O. N C N C v -u sem+ v -u sem+ o N E o f0 E .N N 'N N E 'N N 'N N 'N N '/ Ll Ll LL -vo LL -vo J J LL LL LL -vo LL -vo J LL LL LL -o LL -o J J LL LL LL LL J J LL LL LL -vo LL -vo o -vo -vo u u m m -o v 4o 4o v -v vv 4o vv, 4o 4o vo -vo c .0 .0 xi N w v w t0 t0 v w v w t0 t0 v w v w t0 (D t0 v w v w t0 t0 v w v w t0 t0 E E E E E E E E o t0 bA t0 bA t0 bA CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO U Q U Q U Q U Q U Q U Q U Q U Q m m m m m m m m t0 bA t0 bA t0 bA t0 bA 9 � Co 0 C 0 C 0 ;� ;� ;� ;� ;� ;� ;� ;� ;� ;� ;� ;� ;� ;� ;� 3 3 3 3 3 3 3 3 v v v o 0 o o 0 o 0 O PT" f0 f0 `0 v c v c v c v c v c v c v c v c v c v c v c v c v c v c v c v c ro u ro u ro u ro u ro u ro v ro ro ro ro ro ro ro io io io 'o 'o 'o o 'o 'o 'o 'o 'o 'o 'o y •� � � � � � � � � N L E E E E E E E E E E E i ----------------R U s L aU o rn O O N� .ti O m N o 1t0 a N N N O O �I1 .� �I1 .� O �O O O O �O ci �I1 U O� I� tp 00 m ci m m m m ci yg U O O N .N.. O G R h +' 9 U L U a aU U O^ �1 1 wn wmci � w w O m m °� O O a O a m a m O O m O �NIl w O� m m O^� m mw w m IO 0 O � m w O't 0 m�C OO U O [z] N N O N r L aU 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o � O vn o N .� N m �n O -n - rn O N 0 'o � .� ti O rn ti m ti o ti O m rn o� O Ln a oq U C m C oq C o q ul .� n a rn oo rn m a N u. � O � O .� N N C rn C .� .� a .� o g N i. 't rn a oq lo I* N I* m u� u� r*� lo lo Ln m m oq O c y U O [z] N N m N m N m ci m N m N m N m N m N m N m N m N m N m N m N m N m N m N m N m N G N R h N O U +O L Z' aU W o W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UN m n o N o m .� t0 a n O a m a 0 a 0 0 rn 0 0 o Lq O .� O m Lq O a .� oo a O o .ti N m m Lq n oo N oo Oq Oq -;t O m N U O m N m .ti ti O ti o N O N O ti O ti O ti O ti O ti O ti O ti O ti O m .ti N ti m N N .ti ti O ti [z] N N O N U m tp O ow w m m N N m t0 w n m C O N n N ci C N ci HU O Om � ci N I� O w m O � n t0 w t0 m t0 C t0 w t0 m ^ m n O t0 ci t0 N N O� n w w� ^ t0 w O N n ci ci L ti O N ci N ci N ci m ci ci N ci N ci � ci ci m ci m ci m ci ci m ci m ci m ci ci m ci m ci � G 9 U U ci O O m C m N ci m mm m N t0 O N �I1 �O ci ci �I1 �Il I� m ci m O N O �Il N lo �Il N `� O N w ci I� m m n m ci O o V ti O ci ci N N N ci tp N m ci O m ci ci N ci N w O n ci n ci t0 m t0 ci t0 m n ci m^ m ^ n ci t0 ci t0 m ci m n ci m m t0 ci t0 ci m ci m n ci ci O N U L G U W L-I N m .ti .ti t0 w t0 .ti t0 t0 ^ m .ti O O .ti m m t0 O 4 N O N N w .4 m m m m m O ww w O O m .ti .ti O O N m w t m O C O N ci m ci � ci � ^ N ci m ci � N tp ci N N �Il N �Il N tp � N N �Il N �Il N tp ci N N �Il N �Il N tp ci a E E E E E E - c L Qi J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J bA J Eb J bA J v- bA J E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E .c E E E E �- �- v N v v Y v . U N C U C c O. a umuv v v Y v Y U 0 E U 0 E O. O. v v v Y v Y U 0 E U 0 E O. O. v v v Y v Y U m E U f0 E O. O. N N v Y v Y U N E E E E E� E LL E E E E LL LL E E E E LL LL E E E E LL LL E E E E LL ro ro v v v v ro ro v v ro ro v v ro 4. ro -o v -o v v v 4. ro ro v v R v v — — — — v v - —u - +� — w — v v — — — — v v — — — — v v - - — xi O O N u v t0 t0 O O v v t0 t0 O O v v t0 t0 O O v v t0 t0 O O v v t0 v v v v E E E E E E E E v v v v v v v v G -6 f0 -6 -6 -6 f0 v v U v U v U v U v U v U v U E E E E E E E E f0 f0 f0 f0 f0 f0 f0 f0 p R bA 2 tlA 2 tlA tlA CO � CO � CO � CO � CO � CO � CO � CO � f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q f0 Q m m m m m m m m bA tlA tlA tlA tlA tlA tlA tlA CO � CO � CO � o 0 0 0� ������ 3 3 3 3 3 3 3 3 a a a a a a a o o o 0 o 0 0 o 0 o o 0 o 0 o 0 v v v O PT" f0 f0 `0 `0 v c v c v c v c v c v c v c v c ro u ro u ro u ro u ro u ro v ro v ro v (u z (u z (u z (u z (u z (u z (u z (u z v c v c v c N L R -o -o -o i-o oo oo oo U s L V N C w C yg U O O N .N..� G O R h U +' 9 L U aU oN °u m 0 ti o U o [z] N N O N r L aU E U o 0 00 0 0 o a O o� .0 U D ti o o N N VV y O [z] N m N m N m G N R h N O U +O L Z' aU W o W o 0 0 0 0 UN O O O U D O ti O ti 0 [z] N N O N U L 0 N G 9 U L U O m m m n 0 O N U L G U W N 'o m n n L � O O N �I1 N o O N N �Il o O N 't 't �Il a 0 E E E E E v c a a v f0 v f0 E E E E a a ro ro v v M N O 0 CO CO CO CO CO G � PO v f0 v c v f0 v c v f0 v c v f0 v c v f0 v c N L R U low Pacif ic Northwest U,S, DEPARTMENT OF NATIONAL LABORATORY ENERGY Proudly Operated by Baltelle since 1965 902 Battelle Boulevard P.O. Box 999 Richland, WA 99352 1-8B8-375-PNNL (7665) www.,pnni.gov S.B. No. 5 AN ACT relating to the Texas emissions reduction plan. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) It is the intent of the legislature to give the Texas Natural Resource Conservation Commission additional tools to: (1) assure that the air in this state is safe to breathe and meets minimum federal standards established under the federal Clean Air Act (42 U.S.C. Section 7407); (2) develop multipollutant approaches to solving the state's environmental problems; and (3) adequately fund research and development that will make the state a leader in new technologies that can solve the state's environmental problems while creating new business and industry in the state. (b) Subtitle C, Title 5, Health and Safety Code, is amended by adding Chapters 386, 387, 388, and 389 to read as follows: CHAPTER 386. TEXAS EMISSIONS REDUCTION PLAN SUBCHAPTER A. GENERAL PROVISIONS Sec. 386.001. DEFINITIONS. In this chapter: (1) "Advisory board" means the Texas Emissions Reduction Plan Advisory Board. (2) "Affected county" includes: A) Bastrop Countv: (B) Bexar County, (C) Caldwell County, (D) Comal County, (E) Ellis County, (F) Gregg County, (G) Guadalupe County, (H) Harrison County, (1) Hays County, (J) Johnson County, (K) Kaufman County, (L) Nueces County, (M) Parker County, (N) Rockwall County, (0) Rusk County, (P) San Patricio County, (Q) Smith County, (R) Travis County, (S) Upshur County, (T) Victoria County, (U) Williamson County, and (V) Wilson County. (3) "Commission" means the Texas Natural Resource Conservation Commission. (4) "Council" means the Texas Council on Environmental Technology. (5) "Fund" means the Texas emissions reduction plan fund. (6) "Incremental cost" means the cost of an aplicant's project less a baseline cost that would otherwise be incurred by an aplicant in the normal course of business. Incremental costs may include added lease or fuel costs as well as additional capital costs. (7) "Laboratory" means the Energy Systems Laboratory at the Texas Engineering Experiment Station of The Texas A&M University System. (8) "Nonattainment area" means an area so designated under Section 107(4) of the federal Clean Air Act (42 U.S.C. Section 7407), as amended. (9) "Plan" means the Texas emissions reduction plan. (10) "Site" means the total of all stationary sources located on one or more contiguous or adjacent properties, which are under common control of the same person or persons under common control. (11) "Utility commission" means the Public Utility Commission of Texas. Sec. 386.002. EXPIRATION. This chapter expires August 31, 2008. (Sections 386.003-386.050 reserved for expansion] SUBCHAPTER B. TEXAS EMISSIONS REDUCTION PLAN Sec. 386.051. TEXAS EMISSIONS REDUCTION PLAN. (a) The utility commission. the commission, the comptroller, and the council shall establish and administer the Texas emissions reduction plan in accordance with this chapter. (b) Under the plan, the commission, the comptroller, and the council shall provide grants or other funding for: (1) the diesel emissions reduction incentive program established under Subchapter C, including for infrastructure projects established under that subchapter; (2) the motor vehicle purchase or lease incentive program established under Subchapter D, and (3) the new technology research and development program established under Chapter 387. (c) Under the Dlan_ the utility commission shall Drovide grants or other fundiniz for the ever efficiency grant program established under Subchapter E. (d) Equipment purchased before September 1, 2001, is not eligible for a grant or other funding under the plan. Sec. 386.052. COMMISSION DUTIES. (a) In administering the plan established under this chapter and in accordance with the requirements of this chapter, the commission shall: (1) manage plan funds and oversee the plan, (2) produce guidelines, protocols, and criteria for eligible projects; (3) develop methodologies for evaluating project cost-effectiveness, (4) prepare reports regarding the progress and effectiveness of the plan, and (5) take all apropriate and necessary actions so that emissions reductions achieved through the plan are credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the state implementation plan. (b) Appropriate commission objectives include: (1) achieving maximum reductions in oxides of nitrogen to demonstrate compliance with the state implementation plan, (2) preventing areas of the state from beim in violation of national ambient air quality standards, and (3) achieving cost-saving and multiple benefits by reducing emissions of other pollutants. Sec. 386.053. GUIDELINES AND CRITERIA. (a) The commission shall adopt grant guidelines and criteria consistent with the requirements of this chapter. (b) Guidelines must include protocols to calculate projected emissions reductions, project cost-effectiveness, and safeguards to ensure that funded projects generate emissions reductions not otherwise required by state or federal law. (c) The commission shall make draft guidelines and criteria available to the public and the United States Environmental Protection Agency before the 45th day preceding the date of final adoption and shall hold at least one public meeting to consider public comments on the draft guidelines and criteria before final adoption. The public meeting shall be held in the affected state implementation plan area, and if the guidelines affect more than one state implementation plan area, a public meeting shall be held in each affected state implementation plan area affected by the guidelines. (d) The commission may propose revisions to the guidelines and criteria adopted under this section as necessary to improve the ability of the plan to achieve its goals. Revisions may include, among other changes, adding additional pollutants or adjusting eligible program categories, as apropriate, to ensure that incentives established under this chapter achieve the maximum possible emissions reductions. The commission shall make a proposed revision available to the public before the 45th day preceding the date of final adoption of the revision and shall hold at least one public meeting to consider public comments on the proposed revision before final adoption. (e) Because the legislature finds that the current state of air quality in the state jeopardizes the state's ability to meet federal air quality requirements, the commission and the comptroller may adopt emergency rules under Section 2001.034, Government Code, with abbreviated notice, to carry out any rulemaking necessary to implement this chapter. (f) Except as provided by Subsection (e), the rulemaking requirements of Chapter 2001, Government Code, do not aply to the adoption or revision of guidelines and criteria under this section. Sec. 386.054. MONITORING PROCEDURES. (a) The commission shall develop procedures for monitoring whether the emissions reductions projected for projects awarded grants under this chapter are actually achieved. Monitoring procedures may include project reviews and contract requirements that the grant recipient provide information semiannually about the project. If the commission requires an annual report, the report shall contain a minimum amount of information required from a recipient and the report format shall be simple and convenient. (b) Monitoring and reviewing procedures must be sufficient to enable emissions reductions generated by funded projects to be fully credited to air quality plans. (c) The commission may revise monitoring and review procedures from time to time as necessary or apropriate to enhance the effectiveness of the plan. Sec. 386.055. AVAILABILITY OF EMISSIONS REDUCTION CREDITS GENERALLY. (a) A project funded under a program established under this chapter may not be used for credit under any state or federal emissions reduction credit averaging, banking, or trading program. (b) An emissions reduction generated by a program established under this chapter: (1) may not be used as a marketable emissions reduction credit or, except as provided by Section 386.056, to offset any emissions reduction obligation, and (2) may be used to demonstrate conformity with the state implementation plan. (c) A project involving a new emissions reduction measure that would otherwise generate marketable credits under state or federal emissions reduction credit averaging, banking, or trading programs is not eligible for funding under a program established under this chapter unless: (1) the project includes the transfer of the reductions that would otherwise be marketable credits to the state implementation plan or the owner or operator as provided by Section 386.056, and (2) the reductions are permanently retired. Sec. 386.056. AVAILABILITY OF EMISSIONS REDUCTIONS IN CERTAIN NONATTAINMENT AREAS. (a) An owner or operator of a site located in the Houston -Galveston or Dallas -Fort Worth nonattainment area may use emissions reductions generated by a program established under this chapter to offset the requirements of commission rules relating to control of air pollution from oxides of nitrogen if: (1) the owner or operator of the site contributes to the fund $75,000 for each ton of emissions that is used, not to exceed 25 tons annually and not to exceed one-half ton per day, (2) the owner or operator of the site demonstrates to the commission's satisfaction that the site will be in full compliance with the commission's emissions reduction rules not later than the fifth anniversary of the date on which the emissions reductions would otherwise be required, (3) emissions from the site are reduced by at least 80 percent from the established baseline, and (4) the commission aproves a petition by the owner or operator that demonstrates that it is technically infeasible to comply with the commission's emissions reduction requirements above 80 percent. (b) Funds collected under this section shall be used to generate emissions reductions needed to meet the commission's attainment demonstration. (c) The commission shall verify that emissions reductions generated from funds collected under this section occur in the same nonattainment area in which the site that purchased the emissions reductions is located. (d) The commission shall assure that the emissions reductions funded under the programs authorized by this subchapter used to offset commission requirements under this section benefit the community in which the site using the emissions reductions is located. If there are no eligible emissions reduction projects within the community, the commission may authorize projects in an adjacent community. In this subsection, "community" means a justice of the peace precinct. Sec. 386.057. REVIEW AND REPORTING REQUIREMENTS. (a) The commission, in consultation with the advisory board, annually shall review programs established under the plan, including each project funded under the plan, the amount granted for the project, the emissions reductions attributable to the project, and the cost-effectiveness of the project. (b) Not later than December 1, 2002, and not later than December 1 of each subsequent second year, the commission, in consultation with the advisory board, shall publish and submit to the legislature a biennial plan report. The report must include: (1) the information included in the annual reviews conducted under Subsection (a), (2) specific information for individual projects as required by Subsection (c); (3) information contained in reports received under Sections 386.205, 388.003(e), and 388.006, and (4) a summary of the commission's activities under Section 386.052. (c) For projects funded as part of the infrastructure program under Subchapter C, the report must: (1) describe and evaluate: (A) the infrastructure facilities funded under that subchapter; (B) the degree to which the funded facilities are suporting on -road or non -road diesel projects, (C) the amount of fuel or electricity dispensed for each facility, and (D) associated emissions reductions and cost-effectiveness, and (2) make a finding regarding the need for additional apropriations from the fund to improve the ability of the program to achieve its goals. (d) The report must: (1) account for money received, money disbursed as grants, money reserved for grants based on project approvals, and any recommended transfer of money between allocations and must estimate future demand for grant funds under the plan, (2) describe the overall effectiveness of the plan in delivering the emissions reductions that may be credited to air quality plans, (3) evaluate the effectiveness of the plan in soliciting and evaluating project applications, providing awards in a timely manner, and monitoring project implementation, (4) describe adjustments made to project selection criteria and recommend any further needed changes or adjustments to the grant programs, including changes in grant award criteria, administrative procedures, or statutory_ provisions that would enhance the plan's effectiveness and efficiency, amount, (5) describe adjustments made to the maximum cost-effectiveness amount and award (6) evaluate the benefits of addressing additional pollutants as part of the plan, and (7) include legislative recommendations necessary to improve the effectiveness of the plan. (e) The commission shall request public comment and hold a public meeting on each draft biennial report and, in producing a final biennial report, shall consider and respond to all significant comments received. Sec. 386.058. TEXAS EMISSIONS REDUCTION PLAN ADVISORY BOARD. (a) The Texas Emissions Reduction Plan Advisory Board consists of 15 members apointed as provided by this section and seven ex officio members as provided by this section. (b) The governor shall apoint to the advisory board: (1) a representative of the trucking industry; (2) a representative of the air conditioning manufacturing industry; (3) a representative of the electric utility industry; (4) a representative of regional transportation; and (5) a representative of the Texas Council on Environmental Technology. (c) The lieutenant governor shall apoint to the advisory board: (1) a representative of the engine manufacturing industry; (2) a representative of the air transportation industry; (3) a representative of the environmental community, (4) a representative of the fuel cell industry; and (5) a representative of the energy-efficient construction industry. (d) The speaker of the house of representatives shall apoint to the advisory board: 1) a representative of consumer groups: (2) a representative of the construction industry. (3) a representative of the automobile industry. (4) a representative of the agriculture industry; and (5) a representative of the fuel industry. e) Appointed members of the advisory board serve staimered two-vear terms. The terms of seven apointed members expire February 1 of each even -numbered year. The terms of eight appointed members expire February 1 of each odd -numbered year. An apointed member may be reMpointed to a subsequent term. (f) Ex officio members of the advisory board are: 1) the Dresidiniz officer of the senate standiniz committee haviniz Drima jurisdiction over matters related to natural resources, (2) the presiding officer of the house standing committee having primary jurisdiction over matters related to environmental regulation, (3) a representative of the commission, designated by the executive director, (4) a representative of the General Land Office, designated by the Commissioner of the General Land Office, (5) a representative of the comptroller's office, designated by the comptroller, (6) a representative of the Railroad Commission of Texas, designated by the presiding officer of the agency, and (7) a representative of the United States Environmental Protection Agency's Region 6 office, designated by the United States Environmental Protection Agency Region 6 administrator. (g) The advisory board annually shall elect a presiding officer. (h) The advisory board shall review the plan and shall recommend to the commission changes to revenue sources or financial incentives or any legislative, regulatory, or budgetary changes needed. (i) The commission shall provide necessary staff suport to the advisory board. (Sections 386.059-386.100 reserved for expansion] SUBCHAPTER C. DIESEL EMISSIONS REDUCTION INCENTIVE PROGRAM Sec. 386.101. DEFINITIONS. In this subchapter: (1) "Cost-effectiveness" means the total dollar amount expended divided by the total number of tons of oxides of nitrogen emissions reduction attributable to that expenditure. Cost-effectiveness for the program as a whole and for particular projects under the program is calculated as provided by Sections 386.105 and 386.106. (2) "Fuel cell" means an electrochemical device that uses fuel and oxidant to continuously_ generate electricity_ (3) "Motor vehicle" means a self-propelled device designed for transporting persons or property on a public highway that is required to be registered under Chapter 502, Transportation Code. (4) "Non -road diesel" means a vehicle or piece of equipment, excluding a motor vehicle or on -road diesel, that is powered by a non -road engine, including: (A) non -road nonrecreational equipment and vehicles, (B) construction equipment, (C) locomotives, (D) marine vessels, and (E) other high -emitting diesel engine categories established by the commission. (5) "Non -road engine" means an internal combustion engine that is: (A) in or on a piece of equipment that is self-propelled or that propels itself and performs another function, excluding a vehicle that is used solely for competition, (B) in or on a piece of equipment that is intended to be propelled while performing its function, or to another. (C) designed to be and capable of beim carried or moved from one location (6) "On -road diesel" means an on -road diesel -powered motor vehicle that has a gross vehicle weight rating of 10,000 pounds or more. (7) "Program" means the diesel emissions reduction incentive program established under this subchapter. (8) "Qualifying fuel" includes any liquid or gaseous fuel or additives registered or verified by the United States Environmental Protection Agency that is ultimately dispensed into a motor vehicle or on -road or non -road diesel that provides reductions of emissions of oxides of nitrogen beyond reductions required by state or federal law. (9) "Repower" means to replace an old engine powering an on -road or non -road diesel with: (A) a new engine that emits at least 30 percent less than the oxides of nitrogen emissions standard required by federal regulation for the current model year for that engine, (B) an engine manufactured later than 1987 that emits at least 30 percent less than the oxides of nitrogen emissions standard emitted by a new engine certified to the baseline oxides of nitrogen emissions standard for that engine, (C) an engine manufactured before 1988 that emits not more than 50 percent of the oxides of nitrogen emissions standard emitted by a new engine certified to the baseline oxides of nitrogen emissions standard for that engine, or (D) electric motors, drives, or fuel cells. (10) "Retrofit" means to equip an engine and fuel system with new emissions -reducing parts or technology verified by the United States Environmental Protection Agency after manufacture of the original engine and fuel system. Sec. 386.102. PROGRAM. (a) The commission shall establish and administer a diesel emissions reduction incentive program. Under the program, the commission shall provide grants for eligible projects to offset the incremental cost of projects that reduce emissions of oxides of nitrogen from high -emitting diesel sources in nonattainment areas and affected counties of the state. The commission shall determine the eligibility of projects. (b) Projects that may be considered for a grant under the program include: (1) purchase or lease of non -road diesels, (2) emissions -reducing retrofit projects for on -road or non -road diesels, (3) emissions -reducing repower projects for on -road or non -road diesels, (4) Durchase and use of emissions-reduciniz add-on eauiDment for on -road or non -road diesels (5) development and demonstration of practical, low -emissions retrofit technologies, repower options, and advanced technologies for on -road or non -road diesels with lower emissions of oxides of nitrogen, (6) use of qualifying fuel, and (7) implementation of infrastructure projects. (c) A project listed in Subsection (b) is not eligible if it is required by any state or federal law, rule or regulation, memorandum of agreement, or other legally binding document. This subsection does not aply to: (1) an otherwise qualified project, regardless of the fact that the state implementation plan assumes that the change in equipment, vehicles, or operations will occur, if on the date the grant is awarded the change is not required by any state or federal law, rule or regulation, memorandum of agreement, or other legally binding document, or (2) the purchase of an on -road diesel or equipment required only by local law or rep-ulation or by corporate or controlling board nolicv of a public or private entity. Sec. 386.103. APPLICATION FOR GRANT. (a) Anypersonas defined by Section 382.003 that owns one or more on -road or non -road diesels that operate primarily within a nonattainment area or affected county of this state or that otherwise contributes to the state inventory of emissions of oxides of nitrogen may aply for a grant under the program. (b) An aplication for a grant under this subchapter must be made on an aplication provided by the commission and must contain information required by the commission, including: (1) a detailed description of the proposed project; (2) information necessary for the commission to determine whether the project meets eligibility requirements for the type of project proposed, including a statement of the amounts of any other public financial assistance the project will receive, and (3) other information the commission may require. Sec. 386.104. ELIGIBILITY REQUIREMENTS. (a) The commission shall establish criteria for setting priorities for projects eligible to receive grants under this subchapter. The commission shall review and may modify the criteria and priorities as apropriate. (b) A proposed project as described in Section 386.102 must meet the requirements of this section to be eligible for a grant under the program. (c) For a proposed project as described by Section 386.102(b), other than a project involving a marine vessel or engine, not less than 75 percent of vehicle miles traveled or hours of operation projected for the five years immediately following the award of a grant must be projected to take place in a nonattainment area or affected county of this state. For a proposed project involving a marine vessel or engine, the vessel or engine must be operated in the intercoastal waterways or bays adjacent to a nonattainment area or affected county of this state for a sufficient amount of time over the lifetime of the project, as determined by the commission, to meet the cost-effectiveness requirements of Section 386.105. (d) Each proposed project must meet the cost-effectiveness requirements of Sections 386.105 and 386.106. (e) A proposed repower project must exceed commission requirements relating to baseline emissions levels of the engines beim replaced under the project. (f) A proposed retrofit, repower, or add-on equipment project must document, in a manner acceptable to the commission, a reduction in emissions of oxides of nitrogen of at least 30 percent compared with the baseline emissions adopted by the commission for the relevant engine year and aplication. After study of available emissions reduction technologies, after public notice and comment, and after consultation with the advisory board, the commission may revise the minimum percentage reduction in emissions of oxides of nitrogen required by this subsection to improve the ability of the program to achieve its goals. (g) If a baseline emissions standard does not exist for on-road or non-road diesels in a particular category, the commission, for purposes of this subchapter, shall establish an appropriate baseline emissions level for comparison purposes. (h) The commission may approve payments to offset the incremental cost, over the expected lifetime of the motor vehicle or on -road or non -road diesel, of the use of qualifying fuel in a motor vehicle or on -road or non -road diesel if the proposed project as a whole, including the incremental fuel cost, meets the requirements of this subchapter. The commission shall develop an appropriate method for converting incremental fuel costs over the lifetime of the motor vehicle or on -road or non -road diesel into an initial cost for purposes of determining cost-effectiveness as required by Section 386.105. Sec. 386.105. CALCULATION OF COST-EFFECTIVENESS. (a) In calculating cost-effectiveness, one-time grants of money at the beginning of a project shall be annualized using a time value of public funds or discount rate determined for each project by the commission, taking into account the interest rate on bonds, interest earned by state funds, and other factors the commission considers appropriate. (b) The commission shall establish reasonable methodologies for evaluating project cost-effectiveness consistent with Subsection (a) and with accepted methods. (c) The commission shall develop protocols for calculating oxides of nitrogen emissions reductions not otherwise required by state or federal law in nonattainment areas and affected counties of this state from representative project types over the life of the projects. (d) The commission may include in cost-effectiveness determinations only reductions in oxides of nitrogen emissions that are achieved in nonattainment areas and affected counties of this state. Sec. 386.106. COST-EFFECTIVENESS CRITERIA, DETERMINATION OF GRANT AMOUNT. (a) Except as provided by Section 386.107, the commission may not award a grant for a proposed project the cost-effectiveness of which, calculated in accordance with Section 386.105 and criteria developed under that section, exceeds $13,000 per ton of oxides of nitrogen emissions reduced in the nonattainment area or affected county for which the project is proposed. This subsection does not restrict commission authority under other law to require emissions reductions with a cost-effectiveness that exceeds $13,000 per ton. (b) The commission may not award a grant that, net of taxes, provides an amount that exceeds the incremental cost of the proposed project. (c) The commission shall adopt guidelines for capitalizing incremental lease costs so those costs may be offset by a grant under this subchapter. (d) In determining the amount of a grant under this subchapter, the commission shall reduce the incremental cost of a proposed new purchase, lease, retrofit, repower, or add-on equipment project by the value of any existing financial incentive that directly reduces the cost of the proposed project, including tax credits or deductions, other grants, or any other public financial assistance. Sec. 386.107. ADJUSTMENT TO MAXIMUM COST-EFFECTIVENESS AMOUNT AND AWARD AMOUNT. After study of available emissions reduction technologies and costs and after public notice and comment, the commission, in consultation with the advisory board, may change the values of the maximum grant award criteria established in Section 386.106 to account for inflation or to improve the ability of the program to achieve its goals. Sec. 386.108. INFRASTRUCTURE PROJECTS. (a) The commission shall provide funding under Section 386.252(a)(1) for infrastructure projects. (b) To implement the requirement of Subsection (a), the commission shall: (1) solicit aplications for a balanced mix of projects involving fueling and electrification infrastructure that is linked to motor vehicle and on -road and non -road diesel projects and consistent with program goals, (2) coordinate infrastructure projects with motor vehicle and on -road and non -road diesel projects representing a broad range of fuels, technologies, and aplications as apropriate and consistent with the goals of this chapter; (3) adopt guidelines and criteria for infrastructure projects to be funded under the program, and (4) oversee, monitor, and evaluate the use of grants awarded under this program and report on the effectiveness of this grant program in relation to the purposes and goals of this chapter. Sec. 386.109. ELIGIBLE INFRASTRUCTURE PROJECTS. The commission may consider for funding under Section 386.108: (1) the purchase and installation at a site of equipment that is designed primarily to dispense qualifying fuel, other than standard gasoline or diesel, or the purchase of on-site mobile fueling equipment, (2) infrastructure projects, including auxiliary power units, designed to dispense electricity to motor vehicles and on -road and non -road diesels, and (3) a project that involves a technology that allows a vehicle to replace with electric ower. while the vehicle is narked. the Dower normally suDDlied by the vehicle's internal combustion engine. Sec. 386.110. APPLICATION PACKAGE FOR INFRASTRUCTURE PROJECTS. (a) The commission shall develop a simple, standardized aplication package for infrastructure project grants under this subchapter. The package must include: (1) an aplication form, (2) a brief description of: (A) the program, (B) the projects that are eligible for available funding, (C) the selection criteria and evaluation process, and (D) the required documentation, (3) the name of a person or office to contact for more information, (4) an example of the contract that an aplicant will be required to execute before receiving a grant, and (5) anv other information the commission considers useful to inform the aDDlicant and expedite the aplication process. (b) The aplication form shall require as much information as the commission determines is necessary to properly evaluate each project but shall otherwise minimize the information required. (c) The commission may not require an aplicant, as part of the aplication process, to calculate tons of emissions reduced or cost-effectiveness. Sec. 386.111. APPLICATION REVIEW PROCEDURES. (a) The commission shall review an aplication for a grant for a project authorized under this subchapter, including an aplication for a grant for an infrastructure project, immediately on receipt of the aplication. If the commission determines that an aplication is incomplete, the commission shall notify the applicant, not later than the 15th working day after the date on which the commission received the aplication, with an explanation of what is missing from the aplication. The commission shall record the date and time of receipt of each aplication the commission determines to be complete and shall evaluate the completed aplication according to the apropriate project criteria. Subject to available funding, the commission shall make a final determination on an application as soon as possible and not later than the 60th working day after the date the application is determined to be complete. (b) The commission shall make every effort to expedite the aplication review process and to award grants to qualified projects in a timely manner. To the extent possible, the commission shall coordinate project review and aproval with any timing constraints related to project purchases or installations to be made by an aplicant. (c) The commission may deny an aplication for a project that does not meet the aplicable project criteria or that the commission determines is not made in good faith, is not credible, or is not in compliance with this chapter and the goals of this chapter. (d) Subject to availability of funds, the commission shall award a grant under this subchapter in conjunction with the execution of a contract that obligates the commission to make the grant and the recipient to perform the actions described in the recipient's grant aplication. The contract must incorporate provisions for recapturing grant money in proportion to any loss of emissions reductions or underachievement in dispensinggualifyin fuel compared with the volume of emissions reductions or amount of fuel dispensed that was projected in awarding the grant. Grant money recaptured under the contract provision shall be deposited in the fund and reallocated for other projects under this subchapter. (e) An aplicant may seek reimbursement for qualifying equipment installed after the effective date of this program. Sec. 386.112. ON -ROAD DIESEL PURCHASE OR LEASE INCENTIVE. (a) The commission shall develop a purchase or lease incentive program for new on -road diesels and shall adopt rules necessary to implement the program and to reimburse a purchaser or lessee of a new on -road diesel that is eligible for reimbursement of incremental costs under this subchapter. (b) The program shall authorize statewide incentives for the reimbursement of incremental costs for the purchase or lease, according to the schedule provided by Section 386.113, of new on -road diesels that are certified by the United States Environmental Protection Agency to an emissions standard provided by Section 386.113 if the purchaser or lessee of the on -road diesel agrees to register the vehicle in this state and to operate the on -road diesel in this state for not less than 75 percent of the on -road diesel's annual mileage. (c) Only one incentive will be provided for each new on -road diesel. The incentive shall be provided to the purchaser if the on -road diesel is not purchased for the purpose of leasing the on -road diesel to another person, or to the lessee and not to the purchaser if the on -road diesel is purchased for the purpose of leasing the on -road diesel to another person. A lease incentive for a new on -road diesel shall be prorated based on an eight-year lease term. Sec. 386.113. ON -ROAD DIESEL PURCHASE OR LEASE INCENTIVE SCHEDULE. A new on -road diesel is eligible for reimbursement of incremental costs according to the following schedule: Incentive emissions standard Reimbursement amount (oxides of nitrogen) Date of manufacture Date of manufacture 2001 (10/01/02-9/30/06) 2.5 g/bhp-hr NOx 1.2 g/bhp-hr NOx U to $15,000 1.5 g/bhp-hr NOx 0.5 g/bhp-hr NOx U to $25,000 0.0 g/bhp-hr NOx 0.0 g/bhp-hr NOx U to $25,000 Sec. 386.114. MODIFICATION OF INCENTIVE EMISSIONS STANDARDS. After evaluating new technologies and after public notice and comment, the commission, in consultation with the advisory board, may change the incentive emissions standards established by Section 386.113 to improve the ability of the program to achieve its goals. [Sections 386.115-386.150 reserved for expansion] SUBCHAPTER D. MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM Sec. 386.151. DEFINITIONS. In this subchapter: (1) 'Bin" or "emissions bin" means a set of emissions standards aplicable to exhaust pollutants measured on the Federal Test Procedure (FTP) according to 40 C.F.R. Section 86.1811-04. (2) "Light-duty motor vehicle" means a motor vehicle with a gross vehicle weight rating of less than 10,000 pounds. (3) "Motor vehicle" means a self-propelled device designed for transporting persons or property on a public highway that is required to be registered under Chapter 502, Transportation Code. Sec. 386.152. COMPTROLLER AND COMMISSION DUTIES REGARDING LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE PROGRAM. (a) The comptroller and the commission shall develop a purchase or lease incentive program for new light-duty motor vehicles and shall adopt rules necessary to implement the program. (b) The program shall authorize statewide incentives for the purchase or lease, according to the schedule provided by Section 386.153, of new light-duty motor vehicles that are certified by the United States Environmental Protection Agency to meet an emissions standard that is at least as stringent as those provided by Section 386.153 for a purchaser or lessee who agrees to register the vehicle in this state and to operate the vehicle in this state for not less than 75 percent of the vehicle's annual mileage. (c) Only one incentive will be provided for each new light-duty motor vehicle. The incentive shall be provided to the lessee and not to the purchaser if the motor vehicle is purchased for the purpose of leasing the vehicle to another person. Sec. 386.153. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE SCHEDULE. A new light-duty motor vehicle is eligible for an incentive according to the following schedule: Incentive emissions standard and incentive amount Model year 2003-2007 Bin 4 $1,250 Bin 3 $2,225 Bin 2 $3,750 Bin 1 $5,000 Sec. 386.154. MODIFICATION OF INCENTIVE EMISSIONS STANDARDS. After evaluating new technologies and after public notice and comment, the commission, in consultation with the advisory board, may change the incentive emissions standards established by Section 386.153 to improve the ability of the program to achieve its goals. Sec. 386.155. MANUFACTURER'S REPORT. At the beginning of but not later than July 1 of each year preceding the vehicle model year, a manufacturer of motor vehicles shall provide to the commission a list of the new vehicle models that the manufacturer intends to sell in this state during that model year that meet the incentive emissions standards established by the schedules set out under Section 386.153. The manufacturer may suplement the list provided to the commission under this section as necessary to include additional new vehicle models the manufacturer intends to sell in this state during the model year. Sec. 386.156. LIST OF ELIGIBLE MOTOR VEHICLES. (a) On August 1 each year the commission shall publish and provide to the comptroller a list of the new model motor vehicles as listed for the commission under Section 386.155. The commission shall publish and provide to the comptroller suplements to that list as necessary to include additional new vehicle models listed in a suplement to the original list provided by a manufacturer under Section 386.155. (b) The comptroller shall distribute the list of eligible motor vehicles to all new motor vehicle dealers and leasing agents in this state. Sec. 386.157. VEHICLE EMISSIONS INFORMATION BROCHURE. (a) To enable consumers to make informed purchase decisions based on the relative amounts of emissions produced by motor vehicles within each vehicle class, the motor vehicle manufacturer shall publish and make available to its dealers, for distribution to the dealers' customers, a brochure that includes the list of eligible motor vehicles prepared under Section 386.156 and the emissions and air pollution ratings, not including fuel efficiency, for each eligible motor vehicle based on data from the United States Environmental Protection Agency's Green Vehicle Guide. The brochure must also clearly present information on the emissions and air pollution ratings, not including fuel efficiency, for each motor vehicle on the list of eligible motor vehicles prepared by the manufacturer under Section 386.155, based on the motor vehicle's Bin certification number. The brochure must indicate where the Bin certification information is located on each motor vehicle and must clearly explain how to interpret that information. The brochure must also tell the consumer how to obtain further information from the United States Environmental Protection Agency's Green Vehicle Guide. The commission by rule shall establish standards for compliance with this subsection. (b) A new motor vehicle dealer or leasing agent shall make available to the dealer's or leasing agent's prospective purchasers or lessees a copy of the list prepared and published by the commission under Section 386.156. Sec. 386.158. LIGHT-DUTY MOTOR VEHICLE PURCHASE OR LEASE INCENTIVE. (a) A person who purchases or leases a new light-duty motor vehicle that has been listed under Section 386.155 is eligible for an incentive under this subchapter. (b) A lease incentive for a new light-duty motor vehicle shall be prorated based on a four-year lease term. (c) To receive money under an incentive program provided by this subchapter, the purchaser or lessee of a new light-duty motor vehicle eligible for an incentive under this subchapter shall apply for the incentive in the manner provided by law or by rule of the comptroller. Sec. 386.159. PUBLIC INFORMATION. (a) The commission in cooperation with the comptroller shall develop and implement a program to inform the public and new motor vehicle dealers and leasing agents about the motor vehicle purchase or lease incentive program. (b) The Texas Department of Transportation shall insert a notice describing the light-duty motor vehicle purchase or lease incentive program with each annual vehicle registration renewal notice. To help a consumer to make informed new vehicle purchase decisions, the notice must also include a statement that information on eligible motor vehicles and on the emissions and air pollution ratings, not including fuel efficiency, for eligible motor vehicles may be obtained from the commission or from new motor vehicle dealers and leasing agents. The notice must state where the Bin certification information is located on each eligible motor vehicle, must clearly explain how to interpret that information, and must tell the consumer how to obtain further information from the United States Environmental Protection Agency's Green Vehicle Guide. Sec. 386.160. COMPTROLLER TO ACCOUNT FOR MOTOR VEHICLE PURCHASE OR LEASE INCENTIVES. (a) The comptroller by rule shall develop a method to administer and account for the motor vehicle purchase or lease incentives authorized by this subchapter and to pay incentive money to the purchaser or lessee of a new motor vehicle, on aplication of the purchaser or lessee as provided by this subchapter. (b) The comptroller shall develop and publish forms and instructions for the purchaser or lessee of a new motor vehicle to use in aplying to the comptroller for an incentive payment under this subchapter. The comptroller shall make the forms available to new motor vehicle dealers and leasing agents. Dealers and leasing agents shall make the forms available to their prospective purchasers or lessees. (c) In addition to other forms developed and published under this section, the comptroller shall develop and publish a verification form by which, with information provided by the dealer or leasing agent, the comptroller can verify the sale of a vehicle covered by this subchapter. The verification form shall include at least the name of the purchaser, the vehicle identification number of the vehicle involved, the date of the purchase, and the name of the new motor dealer or leasing agent involved in the transaction. At the time of sale or lease of a vehicle eligible for an incentive under this subchapter, the dealer or leasing agent shall complete the verification form suplied to the dealer by the comptroller. The purchaser or lessee shall include the completed verification form as part of the purchaser's aplication for an incentive. The dealer shall maintain a copy of the completed verification form for at least two years from the date of the transaction. Sec. 386.161. REPORT TO COMMISSION, SUSPENSION OF PURCHASE OR LEASE INCENTIVES. (a) The comptroller shall report to the commission annually regarding motor vehicle purchase or lease incentives. (b) If the balance available for motor vehicle purchase or lease incentives falls below 15 percent of the total allocated for the incentives during that fiscal year, the comptroller by order shall suspend the incentives until the date the comptroller can certify that the balance available in the fund for incentives is an amount adequate to resume the incentives or the beginning of the next fiscal year, whichever is earlier. If the comptroller suspends the incentives, the comptroller shall immediately notify the commission and all new motor vehicle dealers and leasing agents that the incentives have been suspended. (c) The comptroller shall establish a toll-free telephone number available to motor vehicle dealers and leasing agents for the dealers and agents to call to verify that incentives are available. The comptroller may provide for issuing verification numbers over the telephone line. (d) Reliance by a dealer or leasing agent on information provided by the comptroller or commission is a complete defense to an action involving or based on eligibility of a vehicle for an incentive or availability of vehicles eligible for an incentive. (Sections 386.162-386.200 reserved for expansion] SUBCHAPTER E. ENERGY EFFICIENCY GRANT PROGRAM Sec. 386.201. DEFINITIONS. In this subchapter: (1) "Electric cooperative" has the meaning assigned by Section 11.003, Utilities Code. (2) "Electric utility" has the meaning assigned by Section 31.002, Utilities Code. (3) "Municipally owned utility" has the meaning assigned by Section 11.003, Utilities Code. Sec. 386.202. GRANT PROGRAM. (a) The utility commission shall develop an energy efficiency grant program using program templates that are consistent with rules of the utility commission adopted under Section 39.905, Utilities Code. (b) Programs aproved under this subchapter must include the retirement of materials and appliances that contribute to peak energy demand to ensure the reduction of energy demand, peak loads, and associated emissions of air contaminants. Sec. 386.203. ADMINISTRATION OF GRANTS. Money allocated by the utility commission under the grant program developed under this subchapter shall be administered by electric utilities, electric cooperatives, and municipally owned utilities. A participating electric utility, electric cooperative, or municipally owned utility shall be reimbursed from the fund for costs incurred by the utility in administering the energy efficiency_ grant program established under this subchapter. Reimbursable administrative costs of a participating entity may not exceed 10 percent of the entity's total program budget before January 1, 2003, and may not exceed five percent of the entity's total program budget on or after that date. Sec. 386.204. LIMITATION ON DUTY OF PARTICIPATING UTILITY. (a) This subchapter obligates an electric utility, electric cooperative, or municipally owned utility only to administer the funding allocated to the entity by the utility commission in accordance with this subchapter. (b) The obligation of an electric utility under this subchapter is separate and apart from, and does not affect an obligation of the electric utility under, Section 39.905, Utilities Code, or a rule adopted under that section. (c) Emissions reductions achieved by a program implemented under this subchapter may not be used by an electric utility, electric cooperative, or municipally owned utility to satisfy an obligation to reduce air contaminant emissions under state or federal law or a state or federal regulatory program. Sec. 386.205. EVALUATION OF STATE ENERGY EFFICIENCY PROGRAMS. In cooperation with the laboratory, the utility commission shall provide an annual report to the commission that, by county, quantifies the reductions of energy demand, peak loads, and associated emissions of air contaminants achieved from the programs implemented under this subchapter and from those implemented under Section 39.905, Utilities Code. (Sections 386.206-386.250 reserved for expansion] SUBCHAPTER F. TEXAS EMISSIONS REDUCTION PLAN FUND Sec. 386.251. FUND. (a) The Texas emissions reduction plan fund is an account in the state treasury. (b) The fund is administered by the comptroller for the benefit of the plan established under this chapter. The fund is exempt from the aplication of Section 403.095, Government Code. Interest earned on the fund shall be credited to the fund. (c) The fund consists of: (1) the contributions, fees, and surcharges under: (A) Section 386.056, (B) Sections 151.0515 and 152.0215, Tax Code, and (C) Sections 502.1675 and 548.256(c), Transportation Code, and (2) grant money recaptured under Section 386.111(4). Sec. 386.252. USE OF FUND. (a) Money in the fund maybe used only to implement and administer programs established under the plan and shall be allocated as follows: 1) for the diesel emissions reduction incentive Droaram_ 72 Dercent of the monev in the fund, of which not more than three percent may be used for infrastructure projects and not more than 15 percent may be used for on -road diesel purchase or lease incentives, (2) for the motor vehicle purchase or lease incentive program, 10 percent of the money in the fund, (3) for the energy efficiency grant program, 7.5 percent of the money in the fund, (4) for the new technology research and development program, 7.5 percent of the money in the fund, of which up to $250,000 is allocated for administration, up to $200,000 is allocated for a health effects study, and $500,000 is to be deposited in the state treasury to the credit of the clean air account created under Section 382.0622 to su plement funding for air quality planning activities in affected counties, and (5) for administrative costs incurred by the utility commission, the commission, the comptroller, and the laboratory, three percent. (b) Up to 15 percent of the money allocated under Subsection (a) to a particular program and not expended under that program by March 1 of the second fiscal year of a fiscal biennium may be used for another program under the plan as determined by the commission in consultation with the advisory board. CHAPTER 387. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM Sec. 387.001. DEFINITION. In this chapter, "program" means the new technology research and development program. Sec. 387.002. TEXAS COUNCIL ON ENVIRONMENTAL TECHNOLOGY. (a) The Texas Council on Environmental Technology consists of 11 members apointed by the governor to represent the academic and nonprofit communities. The governor shall designate from the council members a presiding officer of the council. Members of the council serve six-year staggered terms, with the terms of three or four members expiring February 1 of each odd -numbered year. (b) The Texas Council on Environmental Technology shall work to enhance the entrepreneurial and inventive spirit of Texans to assist in developing solutions to air, water, and waste problems by: (1) identifying and evaluating new technologies and seeking the aproval of the United States Environmental Protection Agency for and facilitating the deployment of those technologies, and (2) assisting the commission and the United States Environmental Protection Agency in the process of ensuring credit for new, innovative, and creative technological advancements. (c) Council offices and projects shall be housed at the Center for Energy and Environmental Resources at The University of Texas at Austin. Sec. 387.003. NEW TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. (a) The Texas Council on Environmental Technology shall establish and administer a new technology research and development program as provided by this chapter. (b) Under the program, the Texas Council on Environmental Technology shall provide grants to be used to suport development of emissions -reducing technologies that may be used for projects eligible for awards under Chapter 386 and other new technologies that show promise for commercialization. The primary objective of this chapter is to promote the development of commercialization technologies that will suport projects that may be funded under Chapter 386 and this chapter. Sec. 387.004. SOLICITATION OF NEW TECHNOLOGY PROPOSALS. The Texas Council on Environmental Technology from time to time shall issue specific requests for proposals (RFPs) or program opportunity notices (PONs) for technology projects to be funded under the program. Sec. 387.005. ELIGIBLE PROJECTS, PRIORITIES. (a) Grants awarded under this chapter shall be directed toward a balanced mix of: 1) retrofit and add-on technoloizies to reduce emissions from the existing stock of vehicles targeted by the Texas emissions reduction plan, (2) advanced technologies for new engines and vehicles that produce very -low or zero emissions of oxides of nitrogen, including stationary and mobile fuel cells, (3) studies to improve air quality assessment and modeling, (4) advanced technologies that promote increased building and apliance energy performance, and (5) advanced technologies that reduce emissions from other significant sources. (b) The Texas Council on Environmental Technology shall identify and evaluate and may consider making grants for technology projects that would allow qualifying fuels to be produced from energy resources in this state. In considering projects under this subsection, the council shall give preference to projects involving otherwise unusable energy resources in this state and producing qualifying fuels at prices lower than otherwise available and low enough to make the projects to be funded under the program economically attractive to local businesses in the area for which the project is proposed. (c) In soliciting proposals under Section 387.004 and determining how to allocate grant money available for projects under this chapter, the Texas Council on Environmental Technology shall give special consideration to advanced technologies and retrofit or add-on projects that provide multiple benefits by reducing emissions of particulates and other air pollutants. (d) A project that involves publicly or privately owned vehicles or vessels is eligible for funding under this chapter if the project meets all aplicable criteria. (e) Studies authorized under Subsection (a)(3) shall be consistent with air quality research priorities identified by the commission and conducted in an independent and objective manner. Sec. 387.006. EVIDENCE OF COMMERCIALIZATION POTENTIAL REQUIRED. (a) An aplication for a technology grant under this chapter must show clear and compelling evidence that: (1) the proposed technology project has a strong commercialization plan and organization, and (2) the technology proposed for funding: (A) is likely to be offered for commercial sale in this state within five years after the date of the aplication for funding, and (B) once commercialized, will offer opportunities for projects eligible for funding under Chapter 386. (b) The Texas Council on Environmental Technology shall consider specifically, for each proposed technology project aplication: (1) the projected potential for reduced emissions of oxides of nitrogen and the cost-effectiveness of the technology once it has been commercialized, (2) the potential for the technology to contribute significantly to air quality goals, and (3) the strength of the commercialization plan. Sec. 387.007. COST-SHARING. The Texas Council on Environmental Technology may require cost-sharing for technology projects funded under this chapter but may not require repayment of grant money, except that the council shall require provisions for recapturing grant money for noncompliance with grant requirements. Grant money recaptured under the contract provision shall be deposited in the environmental research fund and reallocated for other projects under this chapter. Sec. 387.008. ENVIRONMENTAL RESEARCH FUND. (a) The environmental research fund is an account in the general revenue fund. The fund consists of money from gifts, grants, or donations to the fund for designated or general use and from any other source designated by the legislature. (b) Money in the environmental research fund may be used only for the operation and projects of the Texas Council on Environmental Technology. Sec. 387.009. ADVISORY COMMITTEES. The Texas Council on Environmental Technology may apoint advisory committees as necessary or desirable to assist the council in performing its duties. An advisory committee may include representatives of industry, environmental groups, consumer groups, local governments, agriculture, the commission, the General Land Office, and the Railroad Commission of Texas. Any senator or representative desiring to do so may participate on any advisory committee apointed under this section. Members of an advisory committee are not entitled to compensation. Sec. 387.010. REPORTS. Not later than December 1, 2002, and not later than December 1 of each subsequent second year, the Texas Council on Environmental Technology shall report to the legislature on projects funded under the new technology research and development program, describing the technical objectives and accomplishments of the project and the progress of the project technology toward commercialization. Using sound science, the report shall detail the costs and actual realized benefits of the program and of each project funded under the program. CHAPTER 388. TEXAS BUILDING ENERGY PERFORMANCE STANDARDS Sec. 388.001. LEGISLATIVE FINDINGS. (a) The legislature finds that an effective building energy code is essential to: (1) reducing the air pollutant emissions that are affecting the health of residents of this state, (2) moderating future peak electric power demand, (3) assuring the reliability of the electrical grid, and (4) controlling energy costs for residents and businesses in this state. b) The leizislature further finds that this state has a number of uniaue climate tvnes_ all of which require more energy for cooling than for heating, and that there are many cost-effective measures that can reduce peak energy use and reduce cooling and other energy costs in buildings. Sec. 388.002. DEFINITIONS. In this chapter: (1) "Affected county" has the meaning assigned by Section 386.001. (2) "Building" has the meaning assigned by the International Building Code. (3) "Code official" means an individual employed by a local jurisdiction to review construction plans and other documents, inspect construction, or administer and enforce building standards under this chapter. (4) "Code -certified inspector" means an inspector who is certified by the International Code Council, the Building Officials and Code Administrators International, Inc., the International Conference of Building Officials, or the Southern Building Code Congress International to have met minimum standards for interpretation and enforcement of requirements of the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code. (5) "Commission" means the Texas Natural Resource Conservation Commission. (6) "International Residential Code" means the International Residential Code for One- and Two -Family Dwellings as adopted by the International Code Council. (7) "International Energy Conservation Code" means the International Energy Conservation Code as adopted by the International Code Council. (8) "Laboratory" means the Energy Systems Laboratory at the Texas Engineering Experiment Station of The Texas A&M University System. (9) 'Local iurisdiction" means the authority responsible for implementation and enforcement of local buildin,- codes. (10) "Municipality" has the meanin,- assi,-ned by Section 1.005, Local Government Code. (11) "Nonattainment area" has the meanin,- assi,-ned by Section 386.001. (12) "Sin -le -family residential" means Navin,- the character of a detached one- or two-family dwellin,- or a multiple sin -le -family dwellin,- not more than three stories hi, -h with separate means of e, -cess, includin,- the accessory structures of the dwellin,-. Sec. 388.003. ADOPTION OF BUILDING ENERGYEFFICIENCYPERFORMANCE STANDARDS. (a) To achieve enemy conservation in sin -le -family residential construction, the enemy efficiency chapter of the International Residential Code, as it existed on May 1, 2001, is adopted as the enemy code in this state for sin, -le -family residential construction. (b) To achieve enemy conservation in all other residential, commercial, and industrial construction, the International Enemy Conservation Code as it existed on May 1, 2001, is adopted as the enemy code for use in this state for all other residential, commercial, and industrial construction. (c) A municipality shall establish procedures: (1) for the administration and enforcement of the codes; and (2) to ensure that code -certified inspectors shall perform inspections and enforce the code in the inspectors' iurisdictions. (d) A municipality or county may establish procedures to adopt local amendments to the International Enemy Conservation Code and the enemy efficiency chapter of the International Residential Code. (e) Local amendments may not result in less strinzent enemy efficiency requirements in nonattainment areas and in affected counties than the enemy efficiency chapter of the International Residential Code or International Enemy Conservation Code. Local amendments must comply with the National Appliance Enemy Conservation Act of 1987 (42 U.S. C. Sections 6291-6309), as amended. The laboratory, at the request of a municipality or county, shall determine the relative impact of proposed local amendments to an enemy code, includin,- whether proposed amendments are substantially equal to or less strinzent than the unamended code. For the purpose of establishinz uniform requirements throu'-pout a rezion, and on request of a council of-overnments, a county, or a municipality, the laboratory may recommend a climatically appropriate modification or a climate zone desi,-nation for a county or -roup of counties that is different from the climate zone desi,-nation in the unamended code. The laboratory shall. (1) report its findin,-s to the council, county, or municipality, includin,- an estimate of any enemy savin,-s potential above the base code from local amendments; and (2) annually submit a report to the commission: (A) identifyin,- the municipalities and counties whose codes are more strinzent than the unamended code, and whose codes are equally strinzent or less strinzent than the unamended code; and (B)guantifyin,- enemy savin,-s from this pro, -ram. (f) Each municipality, and each county that has established procedures under Subsection (d), shall periodically review and consider revisions made by the International Code Council to the International Enemy Conservation Code and the enemy efficiency chapter of the International Residential Code adopted after May 1, 2001. (,-) The laboratory shall have the authority to set and collect fees to perform certain tasks in support of the requirements in Sections 388.004, 388.007, and 388.008. (h) Within the boundaries of an airport operated by a joint board created under Subchapter D, Chapter 22, Transportation Code, the constituent agencies of which are populous home -rule municipalities, the powers of a municipality under this section are exclusively the powers of the joint board. Sec. 388.004. ENFORCEMENT OF ENERGY STANDARDS OUTSIDE OF MUNICIPALITY. For construction outside of the local jurisdiction of a municipality (1) a building certified by a national, state, or local accredited energy efficiency program shall be considered in compliance, (2) a building with inspections from private code -certified inspectors using the energy efficiency chapter of the International Residential Code or International Energy Conservation Code shall be considered in compliance, and (3) a builder who does not have access to either of the above methods for a building shall certify compliance using a form provided by the laboratory, enumerating the code -compliance features of the building. Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, "political subdivision" means: (1) an affected county, or (2) any political subdivision other than a school district in a nonattainment area or in an affected county. (b) Each political subdivision shall implement all energy efficiency measures that meet the standards established for a contract for energy conservation measures under Section 302.004(b), Local Government Code, in order to reduce electricity consumption by the existing facilities of the political subdivision. (c) Each political subdivision shall establish a goal to reduce the electric consumption by the political subdivision by five percent each year for five years, beginning January 1, 2002. (d) A political subdivision that does not attain the goals under Subsection (c) must include in the report required by Subsection (e) justification that the political subdivision has already implemented all available measures. (e) A political subdivision annually shall report to the State Energy Conservation Office, on forms provided by that office, regarding the political subdivision's efforts and progress under this section. The State Energy Conservation Office shall provide assistance and information to political subdivisions to help the political subdivisions meet the goals set under this section. Sec. 388.006. STATE ENERGY CONSERVATION OFFICE EVALUATION. The State Energy Conservation Office annually shall provide the commission with an evaluation of the effectiveness of state and political subdivision energy efficiency_ programs, including programs under this chapter. Sec. 388.007. DISTRIBUTION OF INFORMATION AND TECHNICAL ASSISTANCE. (a) The laboratory shall make available to builders, designers, engineers, and architects code implementation materials that explain the requirements of the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code and that describe methods of compliance acceptable to code officials. (b) The materials may include software tools, simplified prescriptive options, and other materials as apropriate. The simplified materials may be designed for projects in which a design professional is not involved. (c) The laboratory may provide local jurisdictions with technical assistance concerning implementation and enforcement of the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code. Sec. 388.008. DEVELOPMENT OF HOME ENERGY RATINGS. (a) The laboratory shall develop a standardized report format to be used by providers of home energy ratings. The form must be designed to give potential buyers information on a structure's energy performance, including: (1) insulation, (2) types of windows, (3) heating and cooling equipment, (4) water heating equipment, (5) additional energy conserving features, if any, (6) results of performance measurements of building tightness and forced air distribution, and (7) an overall rating of probable energy efficiency relative to the minimum reauirements of the International Enerav Conservation Code or the enerav efficiencv chanter of the International Residential Code, as apropriate. (b) The laboratory shall establish a public information program to inform homeowners, sellers, buyers, and others regarding home energy ratings. (c) The home energy ratings program shall be implemented by September 1, 2002. CHAPTER 389. EMISSIONS REDUCTION RECOGNITION EFFORTS Sec. 389.001. DEFINITION. In this chanter. "commission" means the Texas Natural Resource Conservation Commission Sec. 389.002. USE OF CERTAIN INFORMATION FOR FEDERAL RECOGNITION OF EMISSIONS REDUCTIONS. The commission, using information derived from the reports to the commission under Sections 386.205, 388.003(e), and 388.006, shall take all apropriate and necessary actions so that emissions reductions achieved by means of activities under Chapters 386 and 388 are credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the state implementation plan. SECTION 2. Subchapter C, Chapter 151, Tax Code, is amended by adding Section 151.0515 to read as follows: Sec. 151.0515. TEXAS EMISSIONS REDUCTION PLAN SURCHARGE. (a) In this section, "equipment" includes all off-road, heavy-duty diesel equipment classified as construction equipment, other than implements of husbandry used solely for agricultural purposes, including: 1 avers (2) tampers/rammers, (3) plate compactors, (4) concrete pavers, 5 rollers (6) scrapers; (7) paving equipment, (8) surface equipment, (9) signal boards/light plants, (10) trenchers; (11) bore/drill rigs, (12) excavators, (13) concrete/industrial saws, (14) cement and mortar mixers, (15) cranes; (16) graders, (17) off-highway trucks, (18) crushing/processing equipment, (19) rough terrain forklifts, (20) rubber tire loaders, (21) rubber tire tractors/dozers, (22) tractors/loaders/backhoes, (23) crawler tractors/dozers, (24) skid steer loaders, (25) off-highway tractors, and (26) Dumpsters/tenders. (b) In each county in this state, a surcharge is imposed on the retail sale, lease, or rental of new or used equipment in an amount equal to one percent of the sale price or the lease or rental amount. (c) The surcharge shall be collected at the same time and in the same manner and shall be administered and enforced in the same manner as the tax imposed under this subchapter. The comptroller shall adopt any additional procedures needed for the collection, administration, and enforcement of the surcharge authorized by this section and shall deposit all remitted surcharges to the credit of the Texas emissions reduction plan fund. (d) This section expires September 30, 2008. SECTION 3. Subchapter B, Chapter 152, Tax Code, is amended by adding Section 152.0215 to read as follows: Sec. 152.0215. TEXAS EMISSIONS REDUCTION PLAN SURCHARGE. (a) A surcharge is imposed on every retail sale or lease of every on -road diesel motor vehicle that is over 14,000 pounds and is of a model year 1996 or earlier and that is sold or leased in this state. The amount of the surcharge is 2.5 percent of the total consideration. (b) The surcharge shall be collected at the same time and in the same manner and shall be administered and enforced in the same manner as the tax imposed under this chapter. The comptroller by rule shall adopt any additional procedures needed for the collection, administration, and enforcement of the surcharge authorized by this section and shall deposit all remitted surcharges to the credit of the Texas emissions reduction plan fund. (c) This section expires September 30, 2008. SECTION 4. Section 153.203, Tax Code, is amended to read as follows: Sec. 153.203. EXCEPTIONS. (aa,) The tax imposed by this subchapter does not apply to: (1) diesel fuel delivered by a permitted supplier to a common or contract carrier, oceangoing vessel (including ship, tanker, or boat), or barge for export from this state, if the diesel fuel is moved forthwith outside this state; (2) diesel fuel sold by a permitted supplier to the federal government for its exclusive use; (3) diesel fuel sold or delivered by a permitted supplier to another permitted supplier or to the bulk storage facility of an agricultural bonded user, or dyed diesel fuel sold or delivered by a permitted supplier to the bulk storage facility of a dyed diesel fuel bonded user, to the bulk storage facility of a diesel tax prepaid user, or to a purchaser who provides a signed statement as provided by Section 153.205 of this code, but not including a delivery of tax-free diesel fuel into the fuel supply tanks of a motor vehicle, except for a motor vehicle owned by the federal government; (4) diesel fuel sold or delivered by a permitted supplier into the storage facility of a permitted aviation fuel dealer, from which diesel fuel will be sold or delivered solely into the fuel supply tanks of aircraft or aircraft servicing equipment; (5) diesel fuel sold or delivered by a permitted supplier into fuel supply tanks of railway engines, motorboats, or refrigeration units or other stationary equipment powered by a separate motor from a separate fuel supply tank; (6) kerosene when delivered by a permitted supplier into a storage facility at a retail business from which all deliveries are exclusively for heating, cooking, lighting, or similar nonhighway use; (7) diesel fuel sold or delivered by one aviation fuel dealer to another aviation fuel dealer who will deliver the diesel fuel exclusively into the supply tanks of aircraft or aircraft servicing equipment; (8) diesel fuel sold by a permitted supplier to a public school district in this state for its exclusive use; (9) diesel fuel sold by a permitted supplier to a commercial transportation company that provides public school transportation services to a school district under Section 34.008, Education Code, and used by the company exclusively to provide those services; or (10) diesel fuel sold by a permitted supplier to a person, other than a political subdivision, who owns, controls, operates, or manages a commercial motor vehicle as defined by Section 548.001, Transportation Code, if the fuel: motor vehicle; and (A) is delivered exclusively into the fuel supply tank of the commercial (B) is used exclusively to transport passengers for compensation or hire between points in this state on a fixed route or schedule. (b) The tax imposed by this subchapter does not apply to the volume of water. fuel ethanol biodiesel, or mixtures thereof that are blended together with taxable diesel fuel when the finished product sold or used is clearly identified on the retail pump, storage tank, and sales invoice as a combination of diesel fuel and water, fuel ethanol, biodiesel, or mixtures thereof. SECTION 5. Section 224.153, Transportation Code, is amended by adding Subsection (c) to read as follows: (c) A motor vehicle displaying the "low -emissions vehicle" insignia authorized by Section 502.186 in an easily readable location on the back of the vehicle is entitled to travel in a preferential car pool or high occupancy vehicle lane designated under this section regardless of the number of occupants in the vehicle. This subsection expires August 31, 2008. SECTION 6. Section 431.073, Transportation Code, is amended by adding Subsection (d) to read as follows: (d) A motor vehicle displaying the "low-emissions vehicle" insignia authorized by Section 502.186 in an easily readable location on the back of the vehicle is entitled to travel in a high occupancy vehicle lane designated under this section regardless of the number of occupants in the vehicle. This subsection expires August 31, 2008. SECTION 7. Subchapter D, Chapter 502, Transportation Code, is amended by adding Section 502.1675 to read as follows: Sec. 502.1675. TEXAS EMISSIONS REDUCTION PLAN SURCHARGE. (a) In addition to the registration fees charged under Section 502.167, a surcharge is imposed on the registration of a truck-tractor or commercial motor vehicle under that section in an amount equal to 10 percent of the total fees due for the registration of the truck-tractor or commercial motor vehicle under that section. (b) The county tax assessor-collector shall remit the surcharge collected under this section to the comptroller at the time and in the manner prescribed by the comptroller for deposit in the Texas emissions reduction plan fund. (c) This section expires August 31, 2008. SECTION 8. Subchapter D, Chapter 502, Transportation Code, is amended by adding Section 502.186 to read as follows: Sec. 502.186. "LOW-EMISSIONS VEHICLE" INSIGNIA FOR CERTAIN MOTOR VEHICLES. (a) At the time of registration or reregistration of the motor vehicle, the department shall issue a specially designed "low-emissions vehicle" insignia for a motor vehicle that meets qualifications for the light-duty motor vehicle purchase or lease incentives under Subchapter D, Chapter 386, Health and Safety Code. (b) The department shall issue a "low -emissions vehicle" insignia under this section without the payment of any additional fee to a person who: (1) aplies to the department on a form provided by the department, and (2) submits proof that the motor vehicle being registered is a vehicle described by Subsection (a). (c) This section expires August 31, 2008. SECTION 9. Section 548.256, Transportation Code, is amended by adding Subsections (c) and (d) to read as follows: (c) The inspection station shall collect a fee of $225 for each inspection performed under this section and shall remit the fee to the department. Of each fee collected, the inspection station may retain $5 to cover administrative costs. The department shall remit all fees collected under this subsection to the comptroller for deposit in the Texas emissions reduction plan fund. The fee imposed by this subsection does not aply to an inspection performed on a vehicle owned by active duty military_ personnel and their dependents. This subsection expires August 31, 2008. (d) A person who is an officer, enlisted person, selectee, or draftee of the Army, Army Reserve, Army National Guard, Air National Guard, Air Force, Air Force Reserve, Navy, Navy Reserve, Marine Corps, Marine Corps Reserve, Coast Guard, or Coast Guard Reserve of the United States, and the spouse and children of such an officer, enlisted person, selectee, or draftee is exempted from the requirements of Subsection (c). SECTION 10. Subchapter H, Chapter 548, Transportation Code, is amended by adding Section 548.5055 to read as follows: Sec. 548.5055. TEXAS EMISSION REDUCTION PLAN FEE. (a) In addition to other fees required by this subchapter, to fund the Texas emissions reduction plan established under Chapter 386, Health and Safety Code, the department shall collect for every commercial motor vehicle required to be inspected under Subchapter D, a fee of $10. (b) The department shall remit fees collected under this section to the comptroller at the time and in the manner prescribed by the comptroller for deposit in the Texas emission reduction plan fund. (c) This section expires August 31, 2008. SECTION 11. (a) Not later than the 45th day after the effective date of this Act, the Texas Natural Resource Conservation Commission shall adopt all necessary rules required to implement programs established under this Act. (b) Not later than the 45th day after the effective date of this Act, the comptroller of public accounts shall adopt all rules necessary to enable the comptroller to carry out the comptroller's duties under this Act. (c) Not later than the 45th day after the effective date of this Act, the Public Utility Commission of Texas shall adopt all rules necessary to carry out its duties under this Act. (d) A municipality required to establish procedures under Subsection (c), Section 388.003, Health and Safety Code, as added by this Act, shall establish the procedures not later than September 1, 2002. SECTION 12. (a) Except as provided by Subsection (b) of this section, not later than August 1, 2001, if this Act takes immediate effect, or the effective date of this Act if this Act does not take immediate effect, the Texas Natural Resource Conservation Commission and the comptroller of public accounts shall adopt rules necessary to implement the diesel emissions reduction incentive program established under Subchapter C, Chapter 386, Health and Safety Code, as added by this Act. (b) Not later than September 1, 2001, the Texas Natural Resource Conservation Commission, as required by Section 386.104, Health and Safety Code, as added by this Act, shall adopt criteria for setting priorities for projects eligible for grants under Subchapter C, Chapter 386, Health and Safety Code, as added by this Act. (c) Not later than August 1, 2002, the Texas Natural Resource Conservation Commission and the comptroller of public accounts shall adopt rules necessary to implement the motor vehicle purchase or lease incentive program established under Subchapter D, Chapter 386, Health and Safety Code, as added by this Act. (d) Not later than August 1, 2002, the Texas Natural Resource Conservation Commission shall publish the first annual list of vehicles eligible for light-duty motor vehicle purchase or lease incentives, as required by Section 386.156, Health and Safety Code, as added by this Act. SECTION 13. The vehicle purchase or lease incentives authorized by Sections 386.113 and 386.153, Health and Safety Code, as added by this Act, apply only to the sale or lease of a vehicle that occurs on or after August 1, 2002. SECTION 14. (a) The Texas Natural Resource Conservation Commission shall develop and sponsor a contest in the state's public schools to select the best student design for the "low -emissions vehicle" insignia authorized by Section 502.186, Transportation Code, as added by this Act. Not later than January 1, 2002, the commission shall provide to each public school in the state a contest packet containing rules and procedures for participating in the contest, an explanation of the criteria the commission will use in selecting the best design, and a deadline for the submission of student designs. The commission shall select and announce the winner of the contest not later than the 30th day after the contest submission deadline. The commission may publicize and otherwise promote the contest and the winning design. (b) The Texas Natural Resource Conservation Commission shall make the "low -emissions vehicle" insignia available to the county tax assessor -collector of each county in the state not later than the 45th day after the date on which the winning design is selected and announced. The county tax assessor -collector of each county in the state shall begin issuing the "low -emissions vehicle" insignia to persons who qualify for the insignia not later than the 10th working day after the date the insignia are available. SECTION 15. (a) In making the initial appointments to the Texas Emissions Reduction Plan Advisory Board as created by Section 386.058, Health and Safety Code, as added by this Act, the appointing authorities, by mutual agreement, shall designate their appointees so that seven members' terms expire February 1, 2002, and eight members' terms expire February 1, 2003. (b) Appointments to the Texas Emissions Reduction Plan Advisory Board shall be made not later than July 1, 2001, if this Act takes immediate effect, or not later than the effective date of this Act, if this Act does not take immediate effect. SECTION 16. As soon as practicable after the effective date of this Act, the governor shall appoint members to the Texas Council on Environmental Technology, as created by Section 387.002, Health and Safety Code, as added by this Act. In making the initial appointments, the governor shall designate the appointees so that three members' terms expire February 1, 2003, four members' terms expire February 1, 2005, and four members' terms expire February 1, 2007. SECTION 17. Not later than the 30th day after the adoption of rules governing the new technology research and development program established under Chapter 387, Health and Safety Code, as added by this Act, the Texas Council on Environmental Technology shall issue requests for proposals for projects to be funded under the new technology research and development program. SECTION 18. Not later than October 1, 2001, the Texas Natural Resource Conservation Commission shall submit to the United States Environmental Protection Agency a revision to the state implementation plan that deletes the requirements of the construction shift and the early purchase of Tier 2 and Tier 3 equipment and adds the provisions of this Act. The commission shall include with the revision a report on the effectiveness of the Texas emissions reduction plan in delivering emissions reductions to the degree sufficient to replace the requirements of the construction shift and the early purchase of Tier 2 and Tier 3 equipment. SECTION 19. (a) Notwithstanding any Act of the 77th Legislature, Regular Session, 2001, that purports to abolish all funds and accounts created or re-created in the state treasury by another Act of the 77th Legislature, Regular Session, 2001, the Texas emissions reduction plan fund created by Subchapter F, Chapter 386, Health and Safety Code, as added by this Act, and the environmental research fund created by Section 387.008, Health and Safety Code, as added by this Act, are accounts in the general revenue fund and the accounts and money deposited to the accounts are exempt from any Act of the 77th Legislature, Regular Session, 2001, that purports to abolish all funds and accounts created or re-created by another Act of the 77th Legislature, Regular Session, 2001, and to require the deposit of money that would be deposited to the credit of a special account or fund be deposited to the credit of the unobligated portion of the general revenue fund unless the fund, account, or dedication is exempted under that Act. (b) This section prevails over any other Act of the 77th Legislature, Regular Session, 2001, regardless of the relative dates of enactment, that purports to abolish all funds and accounts created or re-created in the state treasury by another Act of the 77th Legislature, Regular Session, 2001, and to require the deposit of money that would be deposited to the credit of a special account or fund be deposited to the credit of the unobligated portion of the general revenue fund unless the fund, account, or dedication is exempted under that Act. SECTION 20. Section 386.002, Health and Safety Code, as added by this Act notwithstanding, the Texas Natural Resource Conservation Commission shall submit the final biennial plan report required by Section 386.057, Health and Safety Code, as added by this Act, to the legislature not later than December 1, 2008. SECTION 21. The expiration of Sections 151.0515 and 152.0215, Tax Code, as added by this Act, does not affect an obligation that was incurred, a violation that occurred, or an offense that was committed under those sections before the expiration date of those sections. An obligation incurred, a violation that occurred, or an offense committed before the expiration date of those sections is governed by the law in effect at the time the obligation was incurred, the violation occurred, or the offense was committed, and the former law is continued in effect after the expiration date for that purpose. For purposes of this section, a violation occurs or an offense is committed before the expiration date of those sections if any element of the violation or offense occurs before that date. SECTION 22. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2001. President of the Senate Speaker of the House I hereby certify that S.B. No. 5 passed the Senate on April 17, 2001, by the following vote: Yeas 28, Nays 1, two present not voting; and that the Senate concurred in House amendments on May 24, 2001, by the following vote: Yeas 30, Nays 0, one present not voting. Secretary of the Senate I hereby certify that S.B. No. 5 passed the House, with amendments, on May 22, 2001, by a non -record vote. Chief Clerk of the House Approved: Date Governor H.B. No. 1736 AN ACT relating to building energy efficiency performance standards. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 388.003, Health and Safety Code, is amended by amending Subsections (a), (b), (b-2), (b-3), (d), and (i) and adding Subsections (j) and (k) to read as follows: (a) To achieve energy conservation in single-family residential construction, the energy efficiency chapter of the International Residential Code, as it existed on May 1, 2001, is adopted as the energy code in this state for single-family residential construction. On September 1, 2016, the energy efficiency chapter of the International Residential Code, as it existed on May 1, 2015, is adopted as the energy code in this state for single-family residential construction. On or after September 1, 2021, the State Energy Conservation Office may adopt and substitute for that energy code the latest published edition of the energy efficiency chapter of the International Residential Code, based on written findings on the stringency of the chapter submitted by the laboratory under Subsection (b-3). The office: (1) may not adopt an edition under this subsection more Page - 1 - H.B. No. 1736 often than once every six years; and (2) by rule shall establish an effective date for an adopted edition that is not earlier than nine months after the date of adoption. (b) To achieve energy conservation in all other residential, commercial, and industrial construction, the International Energy Conservation Code as it existed on May 1, 2001, is adopted as the energy code for use in this state for all other residential, commercial, and industrial construction. The State Energy Conservation Office may adopt and substitute for that energy code the latest published edition of the International Energy Conservation Code, based on written findings on the stringency of the edition submitted by the laboratory under Subsection (b-3). The office by rule shall establish an effective date for an adopted edition that is not earlier than nine months after the date of adoption. (b-2) The State Energy Conservation Office by rule shall establish a procedure for persons who have an interest in the adoption of energy codes under Subsection (a) or (b) [{b -l}] to have an opportunity to comment on the codes under consideration. The office shall consider versons who have an interest in adoption of those codes to include: (1) commercial and residential builders, architects, and engineers; Page -2 - H.B. No. 1736 (2) municipal, county, and other local government authorities; [] (3) environmental groups; and (4) manufacturers of building materials and products. (b-3) The [4mn eie�; l_eje�mnff wL3i neial..e s idneieLa -Sseel.�:en (]a I), , fir] laboratory shall: (1) submit to the State Energy Conservation Office written findings on the stringency of the latest published edition of the International Residential Code energy efficiency provisions only if the date of the edition allows the office to adopt the edition under Subsection (a)(1);- (2) submit to the State Energy Conservation Office written findings on the stringency of the latest published edition of the International Energy Conservation Code not later than six months after publication of a new edition; and (3) in developing the findings, consider the comments submitted under Subsection (b-2). (d) A municipality fez -eery] may establish procedures to adopt local amendments to the International Energy Conservation Code and the energy efficiency chapter of the International Residential Code. Notwithstanding the requirements of Subsection (e), a municipality located in an area defined by Section 388.002(11) or in an affected county may establish procedures to adopt local amendments to the Energy Rating Index Compliance Page -3 - H.B. No. 1736 Alternative or subsequent alternative compliance path as described by Subsection (j). (i) A building certified by a national, state, or local accredited energy efficiency program and determined by the laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the municipality, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance. The Energy Rating Index Compliance Alternative or subsequent alternative compliance path as described by Subsection (j) shall be considered in compliance. (j) For the purposes of this chapter, the Energy Rating Index Compliance Alternative or subsequent alternative compliance path used to measure compliance for single-family residential construction in an optional compliance path of the energy efficiency chapter of the International Residential Code that uses an energy rating index is as follows: (1) for climate zone 2, an energy rating index of: (A) 65 or lower from September 1, 2016, to August 31, 2019; (B) 63 or lower from September 1, 2019, to August 31, 2022; and (C) 59 or lower on or after September 1, 2022; (2) for climate zone 3, an energy rating index of: Page -4 - H.B. No. 1736 A) 65 or lower from September 1. 2016. to Auaust 31, 2019; B) 63 or lower from September 1. 2019. to Auaust 31, 2022; and (C) 59 or lower on or after September 1, 2022; and 3) for climate zone 4, an energy rating index of: (A) 69 or lower from September 1, 2016, to August 31, 2019; B) 67 or lower from September 1, 2019, to August 31, 2022; and (C) 63 or lower on or after September 1, 2022. k) This subsection and Subsection (1) expire September 1 2025. SECTION 2. The following provisions of the Health and Safety Code are repealed: (1) Section 388.003(b-1), as added by Chapter 262 (S.B. 12), Acts of the 80th Legislature, Regular Session, 2007; and (2) Section 388.003(b-1), as added by Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular Session, 2007. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015. Page -5 - H.B. No. 1736 President of the Senate Speaker of the House I certify that H.B. No. 1736 was passed by the House on April 30, 2015, by the following vote: Yeas 123, Nays 16, 1 present, not voting; and that the House concurred in Senate amendments to H.B. No. 1736 on May 22, 2015, by the following vote: Yeas 111, Nays 18, 3 present, not voting. Chief Clerk of the House I certify that H.B. No. 1736 was passed by the Senate, with amendments, on May 20, 2015, by the following vote: Yeas 29, Nays 1. APPROVED: Date Governor Page -6 - Secretary of the Senate a) to C�jCL a ui E O U C O C N O �U C O Ln i N ru Q N C O i Ln ru C N cn cn O CA cr J Q CL 0 {N '� qwr ® • LL .2 of 0 CA cn ��Gi'®. wb ��_�_ U W ami Gi' •V LT -7 C? C? N O O � Fps O Lo tm O aU CL i� Z Ph- CL _ Gi N _0 ZO�' c��', CO, —0 �' LJ_ LJ_ LLLL0 U aO O m O O O 00 t3O (6 (1) ` Lo (6 m (6 (6 N c6 Q UD O _ a) a) a) (D �. >� t\! O O E U LL O O U 0 U O U L V 3 (6 N () O (D (6 (6 (6 (6 L Z3 � O _ N Q tp X O tp N (D p N Q Z3 a) a) N cn �' LU m 2O 2a o2 ca CL E O U LO CD U � rn co C C:o z 70o r O U U L CO , m O 0O LU N rn � Z Q N C D 'IT LUL�co coU NL E ' O � Z N O O O O' � (A N 1 LL U O U)� a) (D O -o OL _00 (D 2)0 (D N >_ a) Z O N >, a O_0 E N amQ am /a) U ai LL C a) Eo W m m cn U' N' U z LL O z' a I I CA i U) co LU � 0' O' O' 0) 0 O O = ' M , Lu " ( O '' (D Z ' ZLL U)' -0 L' E LU O a) CU 0 D (6 j c6 (6 O' LU 0) (D Q CY) (j ' C Z , U � O O � (6 o 2O U CU fn 0% O L L 2 O Q O 70 .O 01 O1 Q (D = i w O C:N O O LL Cn' i U) co LU � 0' ti (6 to co 0 O O = ' m O Lu " ( O '' 0) Z ' ZLL U)' -0 L' N LU O O' 'L C/) N7 �. LU 0) (D Q CY) (j ' C Z , U � � (6 o 2O U CU fn 0% L CU L L Q O 70 01 O1 N _ = i w O C:N O O W C/)CU CU O p (6 to CU CU U U O (6 (6 (6 2 2 Q Q O . LL 0� 0� m LL O (1) � L LO = = ' = ' = ' 0 �' X N N' -0 L' N O O' m N7 Cn Q CY) (j ' C N Q O 70 o �• O (6 O CU CU L O . O ; L U LL O >O > (6 CU m i LL m J O LL Cn Cn C) D LL CA U) E w X Z w U) rn w 0) C: w 2E co ob 0 U) m u x 0 -0 cu —i qy E LO 0 N Sol Status Page 1 of 4 logged in as rodney.patterson@cityofdenton.com Edit Profile http://ic3.tamu.edu/285/Projects/220370/status 7/11/2016 Status Project Details for: 2015 Comparison Crooked Stick — Project Information Energy Code: IECC 2012 Builder Name: City of Denton Builder Phone: 9403498539 Site Street Address: lot 28 Block 2 Crooked Stick Ln City: Denton Zip: 76210 County: DENTON Notes- - Floors First Floor: Conditioned Floor Area: 3282 sq ft Perimeter of Conditioned Space: 411 ft Ceiling Height: 10 ft Orientation: East Number of Bedrooms - 4 Foundation Type: Slab On Grade Stud Type: 2 x 4 — Windows — Project Status — Insulation / Mechanical Mechanical in Conditioned Space: No Wall Cavity Insulation - R -13 Insulated Wall Sheathing - R -4 Exterior Finish: Brick Total Roof/Ceiling Insulation - R -38 Blower Door: 5 (Tested) Mechanical Ventilation: Balanced Mechanical Ventilation Rate: 90 CFM Mechanical Ventilation Operation: 24 hrs/day Mechanical Ventilation Fan Power - 8 Watts Duct Tightness Measurement Type: TotalLeakage Duct Tightness: 131 (Estimated) Fraction Outside: 1 Page 2 of 4 Your project tailed to meet code compliance in the following r(). IECC 2012 requires a Blower Door Test Result of less than or equal to 3 ACH50 (IECC 2012 Sec. R402.4.2). Proposed house is 12.4% below code. http://ic3.tamu.edu/285/Projects/220370/status 7/11/2016 Status Solar Heat Gain Coefficient: 0.25 U -factor: 0.25 First Floor Window Area: Front: 113 sq ft Right: 34 sq ft Back: 237 sq ft Left: 32 sq ft Supply Duct Insulation - 6 Return Duct Insulation - 6 — HVAC/DHW Heating Type: Natural Gas Heating Efficiency: 0.8 AFUE A/C Efficiency (SEER): 14 SEER A/C Size (tons): 7 Water Heater Type: Natural Gas Water Heater Energy Factor: 0.8 — Roof Roof Covering Material: Comp Shingle Radiant Barrier: No Has sealed Attic: No Flat Roof Area: 0 sq ft Cathedral Ceiling Area: 0sgft Attic Floor Area: 3282 sq ft Wall Area Next To Attic: 170 sq ft Page 3 of 4 http://ic3.tamu.edu/285/Projects/220370/status 7/11/2016 Status Horizontal Projections First Floor Horizontal Projections: Front: 11011 Right: 11011 Back: 31011 Left: 11011 © 2015 Energy System Laboratory, Texas A&M Engineering Experiment Station Credits • Helra(FAQ • Manual • IC3v. 3.14.5 • RESNET Page 4 of 4 http://ic3.tamu.edu/285/Projects/220370/status 7/11/2016 M, a O w o j� N cd •M jj C�j C CG CA N O z � X N C N ElCG _� r N � un ¢ U Q cd Sol x � Y O U U) 0 O % > O .T Co voi co CL U L.0 N UC w L.0 N CA N O z � X N C N ElCG _� r N � un ¢ U Q cd Sol Y O U U) 0 O % > O .T Co voi co CL U L.0 N UC w L.0 N U m 00 NN O O Z 0 O Z 0 O L .O Q' c O >, a) CO LO co O 9, CA N O z � X N C N ElCG _� r N � un ¢ U Q cd Sol J U O O N O z N 0 CA CA -0 z _ w N a CA N O z � X N C N ElCG _� r N � un ¢ U Q cd Sol M, � § % 2 . CN . , \ A� q� �• q�� _ 0 � �� § u �-4 / / @ � I'D C) N . C) � City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com DEN, ` ON Legislation Text File #: ID 16-917, Version: 1 Agenda Information Sheet SUBJECT Deliberations regarding a Personnel Matter under Government Code Section 551.074. Consultation, discussion, and deliberation about the duties and responsibilities of the position of the City Manager. City of Denton Page 1 of 1 Printed on 7/22/2016 povveied by I_egivt9i IN City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON File #: ID 16-918, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Legal Department CM/ ACM: Anita Burgess, City Attorney Date: July 26, 2016 SUBJECT Consider approval of a resolution approving the selection of a firm to provide consulting services related to conducting an employment candidate search for the position of City Manager; authorizing the expenditure of funds therefor; and providing for an effective date. OPTIONS 1. Approve the resolution as proposed. 2. Deny the resolution. RECOMMENDATION City staff recommends approval of the resolution. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family -Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Organizational Excellence Related Goal: Choose an item. EXHIBITS 1. Resolution. 2. Memo to City Council from Councilmember Roden. 3. City Manager Job Description. 4. Waters & Company Proposal. City of Denton Page 1 of 2 Printed on 7/22/2016 povveied by I_egivt9i IN File M ID 16-918, Version: 1 Respectfully submitted: Anita Burgess City Attorney City of Denton Page 2 of 2 Printed on 7/22/2016 povveied by I_egist9i I;, RESOLUTION NO. A RESOLUTION APPROVING THE SELECTION OF A FIRM TO PROVIDE CONSULTING SERVICES RELATED TO CONDUCTING AN EMPLOYMENT CANDIDATE SEARCH FOR THE POSITION OF CITY MANAGER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to fill the vacant City Manager position; and WHEREAS, the City Council would like to utilize the services of an executive search firm to recruit for the City Manager position; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1: The City Council hereby selects to provide professional consulting services related to assisting the City in conducting an employment candidate search to determine the most suitable candidate for the position of City Manager. SECTION 2: The expenditure of funds for this purpose is hereby authorized. SECTION 3: That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2016. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 5-1A APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:_l' 215 E. McKINNEY, DENTON, TEXAS 76201 • (940) 349-7717 • FAX (940) 349-8596 • Email:kevin.roden@cityofdenton.com MEMORANDUM DATE: July 22, 2016 TO: Honorable Mayor and Members of the City Council FROM: Kevin Roden, Council Appointee Performance Review (CAPR) Committee, Chair SUBJECT: Executive Recruitment Firms for City Manager Search The Human Resources staff contacted 10 executive recruitment firms for the City Manager search and received proposals from all of them. The firms include: • Affion Public • Colin Baenzinger and Associates • KRW Associates, LLC • The Mercer Group • Ralph Andersen and Associates • S. Renee Narloch & Associates • Slavin Management • Strategic Government Resources • Waters and Company • Whitney Smith Company Of the 10, staff recommended Strategic Government Resources and Waters and Company as the top two contenders. All of the firms have a similar search process, and the differences in proposed fees are not substantial enough for cost to be a defining factor. The CAPR committee received copies of all of the proposals and met on July 19, 2016, to discuss the options. After reviewing the information provided and considering staff's input, the CAPR committee is recommending that Council contract with Waters and Company to conduct the search for our next City Manager. A copy of their proposal is included as an attachment to this memorandum. Waters and Company has conducted almost a dozen executive searches for the City since 2008, including: • Police Chief (twice) • Fire Chief • Director of Finance • Chief Technology Officer • Electric Utilities General Manager "Dedicated to Quality Service" www.cityofdenton.com ADA/EOE/ADEA • Parks and Recreation Director • Historic Preservation Officer • Engineering Director • Library Director • Planning Director The City Manager has had good experience with the hires we have made with the assistance of Waters and Company, and with that many searches, they know our organization well. A resolution has been placed on the July 26, 2016, City Council agenda for Council to approve the search firm (without any search firm name included). Please note that the staff also asked for cost information if the firm was to conduct a search for a City Auditor. The consensus of the CAPR committee members is the Council still needs to have more discussion about the City Auditor position, and the discount offered for doing a concurrent search is not substantial enough to warrant delaying the process for the City Manager search. I am also attaching a copy of the current City Manager job description for your reference. With the assistance of the executive recruiter(s), we will have subsequent conversations about what we will be looking for in a City Manager, which may impact the job description. As such, this is only being provided for informational purposes at this time. We look forward to beginning the search process for this extremely important position. City of Denton Job Description Title: City Manager Department/Division: General Government / City Manager's Office Reports to: City Council Effective Date: 01/06/2001 Revision Date: 8/17/2004 Position ID: JN0010 Market Band: Council Appointed FLSA Designation: Exempt Definition: Responsible for managing the operations of the City under the direction of City Council. Essential Job Functions: • Enforces and administers the provisions of the City Charter, City ordinances, laws governing municipalities, and City Council • Plans, coordinates, and directs the work of City departments, including City -owned utilities, through delegation of authority and responsibility to Assistant City Managers and department directors • Attends regularly scheduled and special called meetings and participates actively in discussion of matters coming before the City Council and recommends legislation and policies required in the public interest • Negotiates and recommends awards of contracts for materials, equipment, and services • Meets with directors and department heads to produce departmental budget estimates, proposes an annual budget for the City with balanced revenues and expenditures • Represents the City in a variety of meetings and public functions • Appoints Assistant City Managers and oversees hiring of department heads, subordinate officers, employees and is the final reviewing authority on the termination of classified employees • Meets with various subordinates individually and as a group to resolve organizational problems and coordinate departmental work programs • Coordinates preparation of all background material in connection with Council meetings; attends and represents staff at all sessions • Reviews proposed budgets with the executive staff; makes recommendations and presentations of budget items to Council and conducts budget work sessions • Meets personally with or receives phone calls from citizens who desire information or have a complaint; investigates and ensures adequate responses; reviews mail and proposes appropriate responses • Heads the Executive Committee, which addresses problem -solving issues related to the municipality; facilitates problem resolutions; initiates and approves policies • Ensures that Assistant City Managers motivate their subordinate departments and divisions to the highest level of performance, conducts annual reviews for Assistant City Managers and subordinate supervisors' and managers' appraisals • Makes major changes in the structure, methods, procedures and workflows of City departments to reflect changes in mission, operational demands and relationships among departmental units S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc City Manager (JN0010).doc Page 2 of 3 • Performs a full scope of supervisory responsibilities including recruitment, selection, hiring, training, counseling, and evaluation of employees • Responsible for coordinating the short-range, long-range, and strategic planning of all City departments; coordinates the activities of City government with other government agencies and performs other related duties as required Additional Duties: • Performs other duties as assigned Physical Requirements: Overall Strength Demands: The following describes the overall strength demand of the functions performed by the incumbent during a typical workday. ® Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy Physical Demand Codes: The following describes if the incumbent is expected to exert the following physical demands during a typical workday and the overall frequency. Codes for "how often": Y = Yes E = extensive (100-70%) N=No M = moderate (60-30%) I = infrequent A = almost never (20-10%) (<10%) Machines, Tools, Equipment and Work Aids: The essential functions of this position require the daily use of a computer and telephone. Environmental Factors: The essential functions of this position are performed in an office environment. Minimum Qualifications/Acceptable Equivalency: • Master's degree in Public Administration, Business Administration or related field • Five years of experience as a City Manager, Assistant City Manager or Deputy City Manager OR • Any combination of training and experience that provides the knowledge, skills and abilities required Conditions of Employment: • Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C" driver's license within 30 days of hire per state law) S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc Task Code Task Code Task Code Task Code 1. Standing 1 6. Pushing/Pulling A 11. Crawling A 16. Vision Y 2. Sitting E 7. Overhead Work A 12. Bending A 17. Hearing Y 3. Walking A 8. Fine Dexterity A 13. Twisting A 18. Talking Y 4. Lifting A 9. Kneeling A 14. Climbing A 19. Video Display Y 5. Carrying A 10. Crouching A 15. Balancing N 20. Other Machines, Tools, Equipment and Work Aids: The essential functions of this position require the daily use of a computer and telephone. Environmental Factors: The essential functions of this position are performed in an office environment. Minimum Qualifications/Acceptable Equivalency: • Master's degree in Public Administration, Business Administration or related field • Five years of experience as a City Manager, Assistant City Manager or Deputy City Manager OR • Any combination of training and experience that provides the knowledge, skills and abilities required Conditions of Employment: • Must have a valid Class "C" Driver's License prior to employment (must obtain Texas Class "C" driver's license within 30 days of hire per state law) S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc City Manager (JN0010).doc Page 3 of 3 Must pass a drug test, driver's license check, criminal history background check, and social security number verification check Preferences: • Bilingual in Spanish and English. • Ability to communicate effectively both verbally and in writing This job description is not an employment agreement, contract agreement or contract. Management has exclusive right to alter this job description at any time without notice. S:\HR Shared\City of Denton Job Descriptions\J-Executive Job Family\City Manager (JN0010).doc City of Denton, TX Proposal to Provide Executive Recruitment Services July 1, 2016 CI Waters & ,Comp any Table of Contents LETTER OF TRANSMITTAL 1 GENERAL INFORMATION...................................................................1 11 RESPONSE TO SCOPE OF WORK........................................................2 111 PROPOSED COSTS...........................................................................8 IV FIRM EXPERIENCE............................................................................9 V RECRUITMENT PROJECT TEAM........................................................15 VI TITLE ...................................ERROR! BOOKMARK NOT DEFINED. SAMPLE BROCHURE........................................................................APPENDIX 1 14285 Ild lay Road ulte 340 -eI 972-481-1,9K Fax 972-481-1,951 `,h`",h`"`,h`.`,h`ci;l`: ;C)r'%:�ci:"''•y.�C)r'%: LETTER OF TRANSMITTAL July 1, 2016 Ms. Carla Romine-Haggmark Director of Human Resources City of Denton City Hall East 601 East Hickory Street Denton, TX 76205 Re: Request for Proposal to Provide Executive Recruitment Services Dear Ms. Romine-Haggmark, We appreciate the opportunity to submit our proposal for executive recruitment services for the City of Denton's next City Manager and City Auditor. Our extensive experience in providing executive recruitment services to cities, counties and other public sector organizations nationwide will be beneficial for this recruitment and allow us to find the ideal candidates for the City of Denton. We know that you have options for using other recruitment firms. However, we believe that our approach sets us apart from our competitors in the following unique ways: • If selected as an option, our web -based survey can be used to determine the key community -wide issues and priorities that are essential considerations for the City and the selection committee to consider. This survey is completed by the City's employees, community leaders and citizens and would alter the estimated duration of the project timeline. The results of the survey will provide the City Council with important feedback for development of the profile for the ideal candidate; • Management/Leadership Style Assessment Analysis completed by the candidates to determine if a candidate's management style matches the approved management/leadership style profile for the ideal candidate; Video candidate interviews through a proprietary system will be made available to the Mayor and City Council to assist in the selection process; and Utilization of a proprietary online application system exclusively licensed to Waters & Company, a Springsted Company (W&C) to facilitate talent management. The system has been designed by W&C to customize applicant flow and tracking. It allows ease of communication with applicants City of Denton, TX July 1, 2016 Page 2 and the ability to conduct database inquiries for candidates based on characteristics important to the City such as geographic location and specific experience, expertise and qualifications. The proposal document will provide you the details about our approach, expertise, client references and pricing for these executive recruitments. If you have any questions, please contact either one of us for additional information: Chuck Rohre, Senior Vice President 214-608-7477 Miguel Ozuna, Vice President 214-842-6478 crohrec waters -coin any.coi i ozuna c waters-coi an Firm Wormatuon Waters & Company, a Springsted Company 14285 Midway Road, Suite 340 Addison, Texas 75001 Our Team would consider it a professional privilege to provide these services to the City of Denton. Respectfully submitted, Chuck Rohre, Senior Vice President Consultant sml A 1� fAa"' Miguel Ozuna, Vice President Consultant City of Denton, TX Proposal to Provide Executive Recruitment Services Waters & Company (W&C) recently merged with Springsted Incorporated, establishing one of the largest public sector executive recruitment and organizational management firms in the United States. Springsted Incorporated, the parent corporation, is a WBE. Three employee -owners lead the firms and their 70 -member staff. Our corporate office is located in Saint Paul, Minnesota, with regional offices located in Dallas, Texas; Milwaukee, Wisconsin; Des Moines, Iowa; Kansas City, Missouri; Richmond, Virginia; and Denver, Colorado. W&C has a team of seven recruitment consultants available to meet your executive recruitment needs. Each consultant assigned to this recruitment has experience working with cities and the many different disciplines that comprise the City of Denton organization. Our consultants bring an experienced, participatory and energetic perspective to each engagement; our unique approach and personal touch are reflected in our internal standard to provide outstanding services that exceed the City's expectations. Since 2010 our combined consultant team has conducted more than 475 executive recruitments. The W&C Recruitment Project Team will partner with the Mayor, City Council and designated staff as your technical advisor to ensure that the recruitment process for your next City Manager and City Auditor is conducted in a thorough and professional manner. Our objective is to generate high-quality candidates and assist you with the screening and evaluation of these candidates. We have structured the W&C Recruitment Project Team to draw upon W&C's and Springsted's 50 -plus years of service to the public sector and to leverage W&C's experience and capacity to focus nationwide to find the most qualified candidates. Waters & Company, a Springsted Company 14285 Midway Road, Suite 340 Addison, Texas 75254 Office: 972-481-1950 Fax: 972-481-1951 Respectfully submitted, Rollie Waters, Executive Vice President Consultant City of Denton, TX. Proposal to Provide Executive Recruitment Services. Task I: Recruitment Brochure Development and Advertising The development of a comprehensive recruitment brochure that includes a profile of the ideal candidate is an important first step in the recruitment process. This profile includes the required academic training, professional experience, leadership, management and personal characteristics related to the success of the candidates in the positions of City Manager and City Auditor. The recruitment brochures will also have a profile that captures the essence of the City as a highly -attractive venue for the successful candidate to live and work. To prepare the recruitment brochure, the Recruitment Co -Project Team Leaders will come on site to meet with the Mayor, City Council and designated staff to discuss the required background, professional experience and management and leadership characteristics for your City Manager and City Auditor positions. We meet individually (or collectively depending upon your preference) with the Mayor and City Council to broaden our understanding of the positions' leadership and management requirements, current issues, strategic priorities and to identify expectations for the City Manager and City Auditor. [See example of a recruitment brochure in Appendix L] The Recruitment Project Team will also work with the City of Denton to develop an advertising and marketing strategy for each recruitment to notify potential candidates about the vacancy and conduct an open recruitment that encourages applications from a talented and diverse pool of candidates. Our Team will place ads in appropriate professional publications, websites and local print media, if required. Additionally, W&C has a highly -accessed website that has a special location attracting many potential candidates to upload their resumes. The aggressive advertising and marketing campaign for top talent will include national, state, regional and local elements as determined during our initial meetings with the City's representatives. Our customized mailing list, selected from our extensive database and contacts collected at appropriate public sector conferences, will be utilized to further promote the position. ' � ® o r e ® ® ® � e • e o • � International City/County Management Association National Forum of Black Public Administrators Hispanic Forum Careers in Government (careersingovernment.com) Texas Municipal League Texas City Managers Association North Texas City Managers Association Wates &,; City of Denton, TX. Proposal to Provide Executive Recruitment Services. Project Milestone Defiverables Estimated Duration . Onsite interview with the City. . W&C will receive information regarding Position profile and recruitment the City's budgets, organizational charts, brochure development. images, logos, etc. 2 Weeks . Develop draft documents (Recruitment Brochure, Advertisement, Marketing Letter and Timeline). Approve brochure, commence • Brochure sent to the City for final approval. advertising and distribute 1 Week marketing letter. • Commence advertising and distribution of recruitment brochure. Task II: Execution of Recruitment Strategy and Identification of Quality Candidates Utilizing the information developed in Task I, W&C will identify and reach out to individuals who will be outstanding candidates for the positions of City Manager and City Auditor. Often, well-qualified candidates are not actively seeking new employment and will not necessarily respond to an advertisement. However, if a potential candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We take pride in our ability to locate highly qualified candidates across the nation based on the professional contacts and relationships we have developed and maintained over many years. These efforts will be supplemented by the creation of an appropriate database utilizing our extensive, interactive applicant database for the City Manager and City Auditor positions. This will provide the W&C Team with the ability to customize applicant flow and tracking, communication with applicants and conduct database inquiries for candidates based on characteristics important to the City such as geographic location, particular experience, expertise and credentials. During this part of the process the Recruitment Project Team will work with the Mayor, City Council and designated staff to reach consensus on the leadership and management style for the ideal candidates. Our research will determine the key competencies, work values and leadership/management style for the position and match the candidates to each attribute. Each candidate submitting a resume is sent a timely acknowledgement by our Team, including an approximate schedule for the recruitment. Throughout the recruitment process, communications are maintained with each candidate regarding information about the recruitment progress and their status in the process. We take pride in the many complimentary comments made by candidates regarding the level of communication and the professional manner in which they are treated during our recruitments. Project Milestone »» Deliverables »» Estimated Duration • Online data collection and profile development. • Development of interactive searchable applicant database for recruitment of the City Manager and Execution of recruitment City Auditor. strategy and candidate . W&C performs direct outreach to prospective 4 Weeks outreach. candidates identified in the recruitment strategy. • Utilization of extensive applicant database to identify applications and review applicant pool for competencies/demographics. Wates &,; ' City of Denton, TX. Proposal to Provide Executive Recruitment Services. Task III: Screening of Applicants and Recommendation of Semi -Finalists In Task III the Recruitment Project Team, under the direction of Chuck Rohre and Miguel Ozuna, will screen the candidates against the criteria within the position and candidate profiles and develop a list of semi-finalists for recommendation to the Mayor and City Council. The most promising applicants will receive a candidate essay questionnaire to complete that will provide additional information about the candidates' background and experience. We will then narrow the list to a group of 10-15 semifinalists for your review and to select finalists. Another unique aspect of our recruitment process is our use of online recorded interviews for the screening process. Responses are timed and questions are not provided in advance. This tool allows our Team to develop a more comprehensive understanding of the candidate's ability to think "on their feet" as well as their personal and professional demeanor. This virtual interview can be scored by individual selection team members as well as the consulting team for later review and comparison. Our Team will provide an online link for the Mayor, City Council and others designated, who have input into the hiring decision, allowing them to review and rate the recorded responses. This provides the organization with additional candidate assessments that can be customized to fit the unique needs of your City. Throughout the process, you will have access to our Master Applicant List (MAL), which will provide pertinent data for each applicant. Project Milestone Deliverables Estimated Duration • W&C compares applications to the approved candidate profile developed in our searchable applicant database. • W&C develops customized candidate questionnaire & due diligence questionnaire to provide to applicants who most closely meet the candidate profile. • Top 10-15 candidates identified as semi-finalists. • Semi -Final Report is prepared, including the brochure, master applicant list, cover letter, Applicant screening and resume and completed questionnaire of recommendation of semi- candidates to be considered. 2 Weeks finalists. . W&C and the City review and rate video interviews. • W&C sends links to City to review the aggregate responses and ratings. • Semi-finalists complete candidate management style assessment, responses are reviewed and interview questions are developed. • Recruitment Co -Project Team Leaders meet with Mayor and City Council to review recommended semi-finalists. Mayor and City Council select finalists for on-site interviews. City of Denton, TX. Proposal to Provide Executive Recruitment Services. Task IV: Conducting Background Checks, Reference Checks and Academic Verifications When the Mayor and City Council approve of a group of finalists for on-site interviews, W&C will begin the process of conducting reference checks, background checks and academic verifications. A Confidential Reference Report is prepared for each finalist to complete our understanding of his/her management and leadership characteristics and professional work performance. For the background checks, W&C will develop information on the candidates in the following areas: • Consumer Credit • City/County Criminal • City/County Civil Litigation • Judgment/Tax Lien • Motor Vehicle • Bankruptcy • State District Superior Court Criminal • State District Superior Court Civil Litigation • Federal District Criminal • Federal District Civil Litigation To ensure that our quality standards are maintained, we require a minimum of ten business days between the time that you select the finalists for on-site interviews and when we submit the candidate documentation for your final interview process. Project Milestone Deliverables Estimated Duration • Finalists complete narrative of their two Finalists complete supplemental most significant professional 1 - 2 Days work products. achievements and a critical problem analysis. • W&C confirms interviews with Design final process with City candidates. Council for on-site interviews 1 — 2 Days with finalists. • Travel logistics are scheduled for the candidates. Background checks, reference • W&C completes background checks, checks and academic reference checks and academic 10 Days verification. verifications for finalists. Task V: Final Interview Process Upon completion of Task IV, we will work with you to develop the final interview process. We will provide documentation on each of the finalists which will provide the highlights of their professional experience and leadership/management profile (Gap Analysis) as well as a summary of the results of the reference checks, background checks and academic verifications. In addition, the Final Report will include guidelines for interviewing the candidates, suggested interview questions and a candidate assessment process for your interview panel(s). The Recruitment Co -Project Team Leaders will be available during the final interview process to answer questions about the candidates and, if requested, assist with the final evaluation of the candidates. In addition, if the City requests the service, we will assist you with the development of a compensation package and related employment considerations and assist with the negotiation of an employment agreement. Wates &,; City of Denton, TX. Proposal to Provide Executive Recruitment Services. Project Milestone Deliverables Estimated Duration • Final Report is prepared, including ®® brochure, interview schedule, cover letter, resume, candidate questionnaire, two Final Report prepared and examples of candidates' most significant 1 Day delivered to City. professional achievements, suggested interview questions, candidate assessment form and management style probing questions. • Interviews are scheduled. • Recruitment Co -Project Team Leaders On-site interviews with finalists. attends client interviews and is available 1 — 2 Days to participate during deliberations of candidates. • If requested, W&C participates in candidate employment agreement negotiations. Offer made /accepted. . W&C notifies candidates of decision. 1 — 2 Days • W&C confirms final process close out items with the City of Denton. Strategy for Recruitment of Diverse Candidates Our corporate core values and work environment reflect our broader social aspirations for a diverse workforce, equal opportunity and cross-cultural respect. We have established strong and credible networks with minority and female leaders nationwide. In addition, we are corporate members of the National Forum for Black Public Administrators (NFBPA) and the Hispanic Network and are on their National Corporate Advisory Council. We participate in their membership events on a regular basis. To that end, we take responsibility for diversity in our organization, our recruitment strategy and our candidate pools. In this recruitment, we will use our established networks to make direct and personal contacts with prospective minority and female candidates and encourage them to consider the City of Denton's City Manager and City Auditor positions. Because of our performance record in presenting a diverse applicant pool, these prospective candidates know they will be fairly considered in the process. Waters & Company, a Springsted Company, is committed to ensuring equitable participation in our business and employment opportunities without regard to race, color, religion, sex, national origin, age, disability, veteran status, marital status or sexual orientation. As a leader in the executive recruitment industry, we take positive actions to prevent and to remedy any discriminatory effects of business and employment practices. Springsted Incorporated, our parent company, is a WBE. Wates &,; ' City of Denton, TX. Proposal to Provide Executive Recruitment Services. Timeline Below is an estimated Timeline for the executive recruitment process. You will be asked during the first on-site meeting to review and approve a Timeline for the recruitment project. It is our intent to conduct the recruitment expeditiously, but not at the expense of finding high-quality candidates for you. CITY OF DNTO, T EXECUTIVE RECRUITMENT PRELIMINARY TI ELI The following Timeline represents a preliminary schedule for your executive recruitment based on a commencement date of July 18, 2016. Actual target dates will be developed in consultation with and approved by the Mayor and City Council. Project Milestone Deliverables Target Date W&C completes on-site interviews to develop candidate profile and recruitment brochure; the City approves ad placement schedule and timeline. Profile development, • W&C sends draft recruitment brochure to the advertising and candidate City. July 18 —August 29 outreach. . The City returns draft recruitment brochure (with edits) to W&C. W&C commences executive recruitment advertising and marketing. . Online data collection and profile development. W&C commences formal review of applications and sends most promising applicants a Candidate Questionnaire to provide additional information about background and experience. Candidates complete recorded interview online. • W&C completes formal review of applications Applicant screening and and sends selected resumes and questionnaire assessment and responses to the City for review. Also August 30 — September 14 recommendation of semi- candidates' recorded interviews are presented. finalists. Semi-finalists complete candidate management style assessment and responses are reviewed and interview questions are developed. W&C meets with the City and recommends semi- finalists; the City selects finalists for on-site interviews. Comprehensive background check and . W&C completes reference checks/background September 21 reference checks checks/ academic verification on finalists. completed for finalists. W&C sends documentation for finalists to the On-site Interviews with City. Week of September 26 finalists. . The City conducts on-site interviews with finalists. Employment offer made / . The City extends employment offer to selected Week of October 3 accepted. candidate. City of Denton, TX. Proposal to Provide Executive Recruitment Services. The all-inclusive professional fee to conduct the recruitment is provided below and includes the cost of professional services by the Recruitment Co -Project Team Leaders, the project support staff and all project -related expenses such as advertising, preparation of the recruitment brochure, printing, candidate background, reference and academic verification checks and travel expenses for on-site visits. Travel expenses incurred by candidates for on-site interviews with the client are not the responsibility of W&C and are handled directly by the client organization. The all-inclusive professional fee will be billed in four installments: 30% of the fee will be billed at the beginning of the recruitment; 30% at the implementation of Phase I; 30% at the implementation of Phase II; and 10% upon acceptance of an offer by the candidate. We are open to negotiate an alternative payment schedule if selected for this recruitment. All questions regarding the professional fees and project -related expenses should be directed to Chuck Rohre at crohre(�,waters-c�y.coin, 214-608-7477 or Miguel Ozuna at mozuna(�,waters- ccmry.com 214-842-6478. PHASE DESCRIPTION OF PROFESSIONAL SERVICES FEES Task 1 — Candidate Profile DevelopmenUAdvertising/Marketing $1,650 Manager and City Auditor. This survey is completed by community leaders, citizens, and (includes one day on site by Recruitment Co -Project Team City employees and would alter the project timeline. Phase I Leaders) included in this scope of service or to provide more than three on-site visits to the Task 2 — Identify Quality Candidates City. Additional work specifically requested by the City which is outside of the scope of $220 per hour Task 3 — Screening of Applications and Submission of plus expenses written explanation of the additional services to be provided and the estimated hours that Recommended Semi -Finalists to Client (includes one will be required prior to commencing any additional services. Phase 11 day on site by the Recruitment Co -Project Team Leaders) Task 4 — Reference Checks, Background Checks and Academic Verifications Phase III Task 5 — Final Process/On-Site Interviews with Finalists (includes two days on site by Co -Project Team Leaders) Conclusion Acceptance of offer by candidate TOTAL ALL-INCLUSIVE PROFESSIONAL FEE $24,500 FOR CITY MANAGER RECRUITMENT TOTAL ALL-INCLUSIVE PROFESSIONAL FEE $21,500* FOR CITYAUDITOR RECRUITMENT * Reflects a discount applied if we conduct both the City Manager and City Auditor recruitments. OPTIONAL SERVICES FOR CONSIDERATION FEES At the City's option, W&C will conduct a web -based survey to determine key community- wide issues and priorities that could be considered in the selection of a new City $1,650 Manager and City Auditor. This survey is completed by community leaders, citizens, and City employees and would alter the project timeline. On rare occasions, W&C is asked to provide additional search services that are not included in this scope of service or to provide more than three on-site visits to the City. Additional work specifically requested by the City which is outside of the scope of $220 per hour this project will be invoiced at the hourly rate of $220 plus expenses. W&C will submit a plus expenses written explanation of the additional services to be provided and the estimated hours that will be required prior to commencing any additional services. Wates &,; ' City of Denton, TX. Proposal to Provide Executive Recruitment Services. Triple Guarantee Our Triple Guarantee is defined as: (1) A commitment to remain with the recruitment assignment until you have made an appointment for the fees and tasks quoted in this proposal. If you are unable to make a selection from the initial group of finalists, W&C will work to identify a supplemental group until you find a candidate to hire. (2) Your executive recruitment is guaranteed for 24 months against termination or resignation for any reason. The replacement recruitment will be repeated with no additional professional fee, but only for project -related expenses. Candidates appointed from within your organization do not qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. (3) W&C will not directly solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. References City of Fort Worth, Texas Former Mayor Moncrief 817-338-1225 mike@moncriefinvestments.com Project. Selection of City Manager and Assistant City Manager City of Sachse, Texas Mayor Mike Felix 214-538-1420 mayor@cityofsachse.com Project: Selection of City Manager and Police Chief City of West Jordan, Utah Mr. Jonathan Gardner, PHR, HR Manager 801-569-5038 j ong@wj ordan.com Project: Selection of City Manager City of New Braunfels, Texas Ms. Julie O'Connell, Former Human Resources Director, now Human Resources Director, City of Huntsville 936-291-5436 joconnell@huntsvilletx.gov Project: Selection of City Manager and Department Directors City of Irving, Texas Dr. Ike Obi, Human Resources Director 972-721-2665 iobi@cityofirving.org Project: Selection of Assistant City Manager, and Department Directors Experience The following is a list of previous Administration Executive Recruitments: Wates &;; a t' City of Denton, TX. Proposal to Provide Executive Recruitment Services. ® To i i i W. ® i W,10K,41111111iril Year Client State Recruitment Population 2011 Altus OK City Administrator 19,591 2011 Ashland OR Assistant City Administrator 20,713 2011 Carrboro NC Town Manager 20,433 2011 Christiansburg VA Town Manager 21,041 2011 Decorah IA City Administrator 8,172 2011 Dumfries VA Town Manager 4,937 2011 Elk River MN City Administrator 23,447 Wates &;; a t' City of Denton, TX. Proposal to Provide Executive Recruitment Services. Year Client State Recruitment Population 2011 Fredericksburg TX City Mgr 10,829 2011 Gardner KS City Administrator 20,473 2011 Grain Valley KS City Administrator 13,125 2011 Manassas VA City Manager 41,705 2011 Mesa AZ Deputy City Manager 457,587 2011 Osceola WI Village Administrator 2,421 2011 Petersburg VA City Manager 33,740 2011 Sachse TX City Manager 22,026 2011 Salisbury NC City Manager 33,604 2011 Socorro TX City Manager 32,517 2011 St. Anthony MN City Administrator 8,583 2011 Virginia Beach VA Deputy City Manager 448,479 2011 Willmar MN City Administrator 19,680 2012 Albertville MN City Administrator 7,230 2012 Brainerd MN City Administrator 13,487 2012 Charlotte NC City Manager 792,862 2012 Eau Claire WI City Manager 61,704 2012 Exmore VA Town Manager 1,458 2012 Fairview TX Town Manager 8,148 2012 Martinsville VA City Manager 15,416 2012 Morehead City NC City Manager 9,203 2012 Ocean City MD Town Manager 7,092 2012 Rockville MD City Manager 47,388 2012 Scandia MN City Administrator 3,936 2012 Sun Prairie WI City Administrator 29,364 2012 Thief River Falls MN City Administrator 8,661 2012 Winchester VA City Manager 27,216 2012 Windsor Heights IA City Administrator 4,860 2013 Alexandria MN City Administrator 11,580 2013 Bayport MN City Administrator 3,496 2013 Belle Plaine MN City Administrator 6,838 2013 Bellevue WI Village Administrator 14,570 2013 Burnsville MN City Manager 61,434 2013 Clinton NC City Manager 8,676 2013 East Grand Forks MN City Administrator 8,602 2013 International Falls MN City Administrator 6,357 2013 Irving TX City Manager 228,653 2013 Justin TX City Manager 3,333 2013 Manassas VA Director of Finance and Administration 41,705 2013 Montgomery MN City Administrator 2,933 2013 Moose Lake MN City Administrator 2,787 2013 Muskegon MI City Manager 37,213 2013 Newport News VA City Manager 179,611 2013 Norwood Young America MN City Administrator 3,583 2013 Raleigh NC City Manager 423,179 2013 Sherburn MN City Administrator 1,128 2013 Watertown MN City Administrator 4,239 2013 West Saint Paul MN City Manager 19,708 2014 Atlantic Beach FL City Manager 12,864 t °> ;; a t' City of Denton, TX. Proposal to Provide Executive Recruitment Services. 1® Year Client State Recruitment Population 2014 Belle Plaine MN City Administrator 6,838 2014 Bloomington MN City Manager 86,319 2014 Boone NC Town Manager 17,774 2014 Cape Charles VA Town Manager 990 2014 Castle Rock CO Town Manager 53,063 2014 Eustis FL City Manager 19,214 2014 Hutchinson MN City Administrator 13,871 2014 Irving TX City Manager 225,427 2014 Lakeville MN City Administrator 58,562 2014 Lexington VA City Manager 6,998 2014 Midlothian TX City Manager 19,891 2014 Narberth PA Borough Manager 4,295 2014 Novi MI City Manager 123,099 2014 Oakdale MN City Administrator 27,780 2014 Springfield MN City Manager 2,114 2014 Lower Merion PA Township Manager 59,850 2015 Bemidji MN City Manager 14,435 2015 Big Lake MN City Administrator 10,298 2015 Brooklyn Park MN City Manager 78,373 2015 Coon Rapids MN City Manager 62,103 2015 Cottage Grove MN City Manager 35,399 2015 Davidson NC Town Manager 11,750 2015 Diboll TX City Manager 5,323 2015 Golden Valley MN City Manager 20,845 2015 Grand Junction CO City Manager 59,778 2015 Kingsville TX City Manager 26,312 2015 Manassas VA Deputy City Manager 41,705 2015 Monument CO Town Manager 5,817 2015 Provincetown MA Town Manager 2,994 2015 Sachse TX City Manager 22,026 2015 Scandia MN City Administrator 3,936 2015 Shakopee MN City Administrator 39,167 2015 Socorro TX City Manager 32,517 2015 Virginia Beach VA City Manager 448,479 2015 Warrenton VA Town Manager 9,862 2015 West Jordan UT City Manager 110,077 2015 Westminster CO City Manager 109,169 2015 Williamsburg VA City Manager 15,206 2016 Fredericksburg VA City Manager 28,132 2016 Commerce TX City Manager 8,276 In Progress Crested Butte CO Town Manager 1,519 2016 Greensboro NC Assistant City Manager 279,639 2016 Hayden CO Town Manager 1,801 2016 Medford OR City Manager 77,677 2016 Moose Lake MN City Administrator 2,787 2016 Wayzata MN City Manager 4,217 t °> ;; a t' City of Denton, TX. Proposal to Provide Executive Recruitment Services. 11 The following is a list of previous Department Head Executive Recruitments: Year Client State Recruitment Population 2011 Accomack County VA Deputy Director of Information Technology 33,148 2011 Addison TX Director of Communications and Marketing 15,407 2011 Addison TX Chief Financial Officer 15,407 2011 Arapahoe County CO Information Technical Director 607,070 2011 Arapahoe County CO Director- Office of Strategic Management 607,070 2011 Arlington TX Chief Information Officer 379,577 2011 Arlington County VA Benefits Manager 221,045 2011 Arlington County VA Division Chief of Children & Family Services 224,906 2011 Boston Fire Department MA Deputy Commissioner 645,966 2011 Cleveland State University OH Assistant Vice President, Controller 18,700 2011 East Grand Forks MN Public Works Director 8,602 2011 Evanston IL Chief Financial Officer 75,570 2011 Greenwich CT Human Resources Director 61,171 2011 Northampton County VA Finance Director 12,125 2011 Northampton County VA Building Official 12,125 2011 Orange County VA Finance Director 34,246 2011 Racine WI Commissioner of Public Works 81,855 2011 Richardson TX Director of Developmental Services 104,475 2011 River Falls WI Director of Human Resources 15,209 2011 Saint Paul MN Director of Financial Services 294,873 2011 Shawnee KS Finance Director 64,323 2011 Shelby County TN Chief Information Officer 939,465 2011 St. Louis County MN Employee Relations Director 200,266 2011 Stafford County VA Zoning Administrator 136,788 2011 Sugar Land TX Director of Fiscal Services 83,860 2011 Union County NC Finance Director 212,756 2011 Warren MN Working Superintendent 1,563 2012 Beloit WI Public Works Director 36,913 2012 Charlottesville VA Transit Manager 43,956 2012 Corpus Christi TX Municipal Court Director 316,381 2012 Dakota County MN Employee Relations Director 405,888 2012 Denton TX Director of Libraries 123,099 2012 Dunedin FL Director of Finance 35,690 2012 Fauquier County VA Economic Development Director 68,010 2012 Fredericksburg VA Human Resources Director 28,132 2012 Goochland County VA Economic Development Director 21,626 2012 High Point NC Human Resources Director 105,753 2012 Jefferson County AL Chief Financial Officer 659,479 2012 Lakeville MN Parks & Recreation Director 58,562 2012 Leander TX Planning Director 31,717 2012 Northampton County VA Director of Development 12,125 2012 Northampton County VA Finance Director 12,125 2012 Racine WI Parks, Recreation & Cultural Svcs Director 81,855 2012 Richmond VA Director of Finance 214,114 2012 Stafford County VA Deputy Director of Economic Development 136,788 2012 Stafford County VA Human Resource Manager 136,788 2012 Stafford County VA Director of Parks & Recreation 136,788 t °> ;; a t' City of Denton, TX. Proposal to Provide Executive Recruitment Services. 19 Year Client State Recruitment Population 2012 Winchester VA Downtown Development Manager 27,216 2013 Chippewa County WI Deputy Highway Commissioner 63,132 2013 Craven County NC Economic Development Director 104,786 2013 Dunedin FL Director of HR and Risk/Safety 35,690 2013 Dunedin FL Director of Public Works 35,690 2013 Fredericksburg VA Director of Planning 28,132 2013 Independent School District No. 0625 MN Human Resources Director 294,873 2013 Mankato MN Director of Public Works 40,641 2013 Mecklenburg County NC MeckLink Chief Financial Officer 990,977 2013 Mecklenburg County NC Director of Social Services 990,977 2013 Pope County MN Human Resources Director 10,892 2013 Ramsey MN Economic Development Manager 24,935 2013 Richardson TX Director of Community Services 104,475 2013 San Antonio TX Payroll Manager 1,409,000 2013 San Jacinto River Authority TX Woodlands Division Manager 93,847 2013 Texas Municipal Retirement System TX Director of Human Resources 145,448 2014 Alexandria City Public Schools VA Director of Budget -Finance 146,294 2014 Alexandria City Public Schools VA Director of Procurement 146,294 2014 Arlington County VA Director of Environmental Services 221,045 2014 Baudette MN Public Works Director 1,073 2014 Becker County MN Department Heads 32,504 2014 Carrboro NC Director of Human Resources 20,433 2014 Charlottesville VA Finance Director 43,956 2014 Coon Rapids MN Public Works Director 62,103 2014 Denton TX Director of Technology Services 123,099 2014 Dunedin FL Director of Public Works & Utilities 35,690 2014 Edina MN Building Official 49,376 2014 Eustis FL Deputy Finance Director 19,214 2014 Fairmont MN Economic Development Director 10,463 2014 Fairmont MN Water/Wastewater Superintendent 10,463 2014 Fergus Falls MN Human Resources Director 13,215 2014 Fergus Falls MN Public Works Director 13,215 2014 Gaithersburg MD Director of Human Resources 62,794 2014 Golden Valley MN Department Heads 20,845 2014 Hartford CT Director of Finance 124,775 2014 Hartford CT Director of Public Works 124,775 2014 Irving TX Information Technology Director 83,860 2014 Jefferson County AL Deputy Co. Manager -Infrastructure 660,009 2014 La Crosse WI Finance Director 51,522 2014 Luzerne County PA Budget and Finance Division Head 321,027 2014 Luzerne County PA Director of Information Technology 321,027 2014 Luzerne County PA Human Services Division Head 321,027 2014 Luzerne County PA Operational Services Division Head 321,027 2014 Mecklenburg County NC Chief Financial Officer 990,977 2014 Minnetonka MN City Assessor 51,638 2014 Northern Virginia Community College VA Director of Facilities 50,044 2014 Orange County VA Economic Development Director 34,246 2014 Pender County NC Director of Finance 54,195 2014 Saint Paul MN Economic Development Director 294,873 /t °> ;; a t'/ City of Denton, TX. Proposal to Provide Executive Recruitment Services. 1 Year Client State Recruitment Population 2014 Saint Paul MN Public Works Director 294,873 2014 Stafford County VA Public Works Director 136,788 2014 Sugar Land TX Director of Planning 83,860 2014 Three Rivers Park District MN Park Superintendent 294,873 2015 Alameda -Contra Costa Transit District CA Chief Financial Officer 193,000 2015 Alameda -Contra Costa Transit District CA Chief Information Services Officer 193,000 2015 Alameda -Contra Costa Transit District CA Chief Planning, Eng, Construction Officer 193,000 2015 Aurora CO Director of Planning and Development 345,803 2015 Beaufort County NC Director of Finance/Chief Financial Officer 47,464 2015 Blacksburg VA Assistant Director of Transportation 43,609 2015 Boston MA Organizational Development Director 645,966 2015 Charlotte NC Planning Director 792,862 2015 Chaska MN Finance Manager 24,444 2015 Chippewa County WI Finance Director 63,132 2015 Coconino County AZ Human Resources Director 136,539 2015 Coweta County GA Department Heads 133,180 2015 Dallas Area Rapid Transit Authority TX Vice President of Human Capital 1,258,000 2015 DeKalb County GA Chief Financial Officer 713,340 2015 Delaware County OH Director of Economic Development 184,979 2015 Denton TX Development Review Administrator 123,099 2015 Denton TX Historic Preservation Officer 123,099 2015 Dunedin FL Finance Director 35,690 2015 Fayetteville NC Economic Development Director 204,408 2015 Fredericksburg VA Director of Parks & Recreation 28,132 2015 Fulton County GA Director of Housing & Community Dev 984,293 2015 Fulton County GA Director of Information Technology 984,293 2015 Fulton County GA Director Aging & Youth Services 984,293 2015 Fulton County GA Director of Library Systems 984,293 2015 Lakeville MN Finance Director 58,562 2015 Lakeville MN Parks and Recreation Director 58,562 2015 Lawrence KS Finance Director 90,811 2015 Louisville KY Director of Parks 253,128 2015 Macomb County MI Director of Finance 854,769 2015 Mecklenburg County NC Economic Development Director 990,977 2015 Minneapolis MN Director of Regulatory Services 400,070 2015 New Braunfels Utilities TX Electrical Operations Manager 63,279 2015 New Braunfels Utilities TX Water Operations Manager 63,279 2015 Northampton County VA Director of Development 12,125 2015 Northampton County VA Director of Finance 12,125 2015 Orange County NC CFO/Finance Director 140,352 2015 Pinellas County FL Director of Human Resources 929,048 2015 Racine WI Director of City Development 81,855 2015 Rosemount MN Public Works Director/City Engineer 22,666 2015 San Antonio TX Controller 1,409,000 2015 Shakopee MN Finance Director 39,167 2015 Shelby County TN Director, Division of Health Services 949,465 2015 WaterOne KS Human Resources Director 2015 Winchester VA Human Resources Director 27,216 2016 Catawba County NC Chief Financial Officer 154,810 /t °> ;; a t'/ City of Denton, TX. Proposal to Provide Executive Recruitment Services. 14 Mr. Rollie Waters, Executive Vice President Direct Phone: (214) 466-2424 Email: r\vaters(i waters-c�y.coin Recruitment Co -Project Team Leader Mr. Chuck Rohre, Senior Vice President Direct Phone: (214) 466-2436 Email: crohre ,waters-CQMRgny.coin Recruitment Co -Project Team Leader Mr. Miguel Ozuna, Vice President Direct Phone: (214) 842-6478 Email: mozuna ,waters-c�y.coin Mr. Chuck Anderson, Senior Vice President Direct Phone: (817) 965-3911 Email: candei°son(i ,waters-coin�anv.coin Ms. Jada Kent, Project Manager Direct Phone: (214) 466-2429 Email: jkent(ir,waters-c�y.com Ms. Jenelle Stapleton, Project Coordinator Direct Phone: (214) 466-2445 Email: jst� letot waters-cotn�anv.cotn City of Denton, TX. Proposal to Provide Executive Recruitment Services. 15 Year Client State Recruitment Population 2016 Fairfax County VA Human Resources Director 1,131,000 2016 Lancaster County SC Economic Development Director 80,458 2016 Minneapolis MN Chief Financial Officer 400,070 2016 Roswell NM Director of Museum and Art Center 48,611 2016 Shakopee MN Director of Planning and Economic Dev 39,167 2016 Stafford County VA Chief Information Technology Officer 136,788 2016 Stafford County VA Parks and Recreation Director 136,788 2016 Waterloo IA Waste Water Management Svcs Manager 68,366 Mr. Rollie Waters, Executive Vice President Direct Phone: (214) 466-2424 Email: r\vaters(i waters-c�y.coin Recruitment Co -Project Team Leader Mr. Chuck Rohre, Senior Vice President Direct Phone: (214) 466-2436 Email: crohre ,waters-CQMRgny.coin Recruitment Co -Project Team Leader Mr. Miguel Ozuna, Vice President Direct Phone: (214) 842-6478 Email: mozuna ,waters-c�y.coin Mr. Chuck Anderson, Senior Vice President Direct Phone: (817) 965-3911 Email: candei°son(i ,waters-coin�anv.coin Ms. Jada Kent, Project Manager Direct Phone: (214) 466-2429 Email: jkent(ir,waters-c�y.com Ms. Jenelle Stapleton, Project Coordinator Direct Phone: (214) 466-2445 Email: jst� letot waters-cotn�anv.cotn City of Denton, TX. Proposal to Provide Executive Recruitment Services. 15 Rollie Waters Executive Vice President Rollie O. Waters is an Executive Vice President, of Waters & Company, A Springsted Company. Since 1976, Rollie has been a management consultant to private and public sector clients. He has consulted with national and international clients in the area of HR Management system design and strategic management. He has given various lectures and seminars for organizations in the areas of compensation as it relates to performance management. He is viewed on a national level as one of the foremost authorities in succession planning and performance management system design for the public sector. He has spoken before such organizations as the International City/County Managers Association, American Management Association, The Alliance for innovation, Southern Methodist University, the University of Maryland, National Forum of Black Public Administrators, California Institute of Technology, the Texas Municipal League (TML), the International Personnel Management Association (IPMA-HR), several international companies in Great Britain, and various other U.S. public and private sector agencies and organizations. Rollie has been actively involved in the development of competency -based knowledge selection and development tools over the past twenty years. He has been instrumental in ensuring the proprietary profiles that he has designed attract the right candidates that fit the organization's needs. In addition, Rollie's extensive knowledge of performance management solidifies matching the management style most compatible with the organization's success. His research on succession planning has led him and his team to be able to help shape the future of organizations through their executive recruitment activities. Rollie has been widely published in national journals and magazines focusing on human resource challenges. His publications include a research article in the Public Personnel Management Journal titled "The Impact of Behavioral Traits on Performance Appraisal." Prior to founding W&C, Rollie held an executive position with Dun & Bradstreet Co., Inc., and a management position with Owens Corning Fiberglass. Areas of Expertise • Executive Recruitment • Web -Based Compensation Support • Management Development • Competency -based Systems and Development Systems Professional Accomplishments and Education • Organizational Strategy • Mentoring Programs • Performance Management • Succession Planning Rollie is a member of Mensa, a Strategic Partner with the International City/County Managers Association, International Management Consultants and Alliance for Innovation, a member of the National Corporation Advisory Council of the National Forum for Black Public Administrators, and numerous other professional groups. He has also appeared in several professional directories such as Who's Who in the World, Who's Who in Finance and History, and many others. Rollie has an extensive background in the behavioral sciences and strategic planning. He received his MBA at Pepperdine University and his Bachelor of Science degree in Psychology from the University of South Carolina. In addition, he is a Certified Management Consultant (CMC); CMC is a certification mark awarded by the Institute of Management Consultants USA and represents evidence of the highest standards in consulting and adherence to the ethical canons of the profession. J3C °'> ,; City of Denton, TX. Proposal to Provide Executive Recruitment Services. 1 Chuck Rohre Senior Vice President Chuck Rohre a Senior Vice President with Waters & Company, a Springsted Company. In this role, he is responsible for managing and conducting executive recruitment engagements for the firm to insure their integrity, timeliness and adherence to budget parameters. Chuck has more than 35 years of experience in managing and consulting in both the private and public sectors. He has served as Police Chief and Director of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus. Prior to beginning his consulting career, Mr. Rohre served for three years as Police Chief of Plano, Texas. Chuck joined the firm in January 2006 following a 13 -year engagement with another nationally recognized public sector search firm where he managed the Texas and Southwestern operations. He has an extensive and successful track record of completed recruitment across the nation, especially in the Midwestern and Southwestern states. Among others, he has led recruitment processes for City and Assistant City Managers, Police Chiefs, Fire Chiefs, Library Directors, Chief Information Officers, City/County Attorneys, Parks & Recreation Directors, Finance Directors and Public Works Directors. The clients range from as small as 2,500 to as large as 700,000 in population. He has also conducted management consulting assignments in a number of areas including public safety, career development and strategic planning. He has written and presented training in a variety of subject areas including personnel assessment, leadership and management skills, and career development for public sector employees. Areas of Expertise • Executive Recruitment Background Investigations Assessment Centers Professional Accomplishments and Education • Career Development • Strategic Planning • Organizational Assessment Chuck received his bachelor's degree in Career Development from the Dallas campus of Abilene Christian University and his Master's degree in Human Relations and Management from the same institution. He has completed advanced management training at the Institute for Law Enforcement Administration and now serves on its adjunct faculty and advisory board. Chuck completed the Federal Bureau of Investigation's prestigious LEEDS course at Quantico, Virginia. He is a veteran of the United States Army, serving in the United States and the Republic of Viet Nam. C I Wates & "I"ompan City of Denton, TX. Proposal to Provide Executive Recruitment Services. q Miguel Ozuna Vice President and Consultant Miguel Ozuna is a Vice President with Waters & Company, A Springsted Company. Prior to joining Waters & Company, Mr. Ozuna served as Director of Human Resources for the City of Cedar Park (Central Texas) and the City of Weslaco (Rio Grande Valley). His extensive experience of over 15 years in municipal human resources has given Mr. Ozuna broad familiarity and knowledge of municipal government operations making him ideal to provide executive recruitment and organizational management services. His expertise encompass all aspects of the municipal human resources function to include recruiting, benefits administration, compensation, employee relations, training and organizational management. Miguel's work in municipal human resources has propelled him to leadership positions in statewide municipal organizations to include the Texas Municipal Human Resources Association and the Texas Public Employers Labor Relations Association. Areas of Expertise • Recruitment • • Labor Relations (Civil Service, Collective • Bargaining & Meet and Confer) Education and Professional Affiliations Education Sam Houston State University, Huntsville, Texas; Bachelor of Arts in History Organizational Management Employee Relations Affiliations Texas Municipal Human Resources Association Texas Public Employer Labor Relations Association National Public Employer Labor Relations Association International Public Management Association for Human Resources City of Denton, TX. Proposal to Provide Executive Recruitment Services. Ko Charles (Chuck) Anderson Senior Vice President Charles (Chuck) S. Anderson is a Senior Vice President with Waters & Company, a Springsted Company. Prior to joining the Waters & Co., Chuck worked for local governments and non-profit organizations, including City Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit (DART); and Executive Director for the Michigan Education Association. Chuck also served as Director for Local Government Reform for the International City/County Association (ICMA), managing a U.S. government contract for the planning and delivery of technical assistance to local governments in Central and Eastern Europe. His last assignment in this role with ICMA was to recruit and supervise a team of technical consultants to assist in re -building local governments in Bosnia following agreement on the Dayton Accords. During his service with the Michigan Education Association, Chuck also served as Senior Consultant for Urban Planning and Management for Michigan State University's Institute for Public Policy and Social Research. Areas of Expertise • Executive Recruitment • Organizational Design • Leadership/Management Development • Organizational Development Professional Accomplishments and Education Chuck received a Bachelor of Arts degree in political science and human resources management and a Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P. Cookingham Award for Development of Young Professionals from the International City/County Management Association (ICMA) and the Minority and Women Advancement Award from the American Public Transit Association (APIA). He was also recognized as Public Administrator of the Year by the American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable Mention) by ICMA. Chuck was recognized in 2007 with the Lifetime Achievement Award from his Public Administration Alumni Association at the University of Kansas. C I Wates & ,;ompan City of Denton, TX. Proposal to Provide Executive Recruitment Services. 11 Jada Kent Project Manager Jada Kent is a Project Manager with Waters & Company, a Springsted Company. Jada is responsible for managing the recruitment process by organizing and coordinating administrative support for each project. She is also responsible for backing up the lead consultant throughout the entire scope of a recruitment, to include communication with the client and vetting of candidates. Areas of Expertise Human Resources Management (HRM) Public Policy Analysis Professional Accomplishments and Education Public Administrative Best Practice • Comparative Studies Jada received a bachelor's degree in United States History, with a minor in Political Science from the University of North Texas. While at UNT, she was the recipient of multiple oral litigation awards and even competed nationally in the Texas Undergraduate Moot Court Association. Jada has also completed a Master's in Public Administration from the University of Texas — at Dallas. As a Public Affairs Specialist in both the Army (active duty) and the Air National Guard, respectively, Ms. Kent presented the Air Force story to a global audience as a journalist for the 136' Airlift Wing's Public Affairs Staff. Jada is in the process of acquiring her certification with Society for Human Resource Management (SHRM-CP). C I Wates & "I"ompan City of Denton, TX. Proposal to Provide Executive Recruitment Services. i® Jenelle Stapleton Project Coordinator Jenelle Stapleton is the Project Coordinator at Waters & Company, a Springsted Company. She is responsible for supporting the lead consultants throughout the entire scope of the recruiting process, as well as providing administrative support to the Executive Vice President, Rollie Waters. In this role, Jenelle coordinates communications with candidates, the processes resumes and distributes candidate questionnaires. She is also responsible for providing support to candidates regarding technical and logistic issues. She assists the consultants in scheduling the semifinalist interviews, submitting profiles for background checks and education verification, as well as notifying the finalists of project status. Her responsibilities extend to editing presentations, advertisement placements and general office administration. Professional Accomplishments and Education Jenelle is a very task oriented professional with over 13 years of experience in Office Administration — at least 6 of those years have been spent in executive level support and two have been spent in Human Resources Administration. She also has over eight years of experience in sales and marketing including over seven years overseeing employees. The majority of this experience began in branch banking as a Financial Sales Supervisor where, in addition to managing day to day branch operations, she also took on the role in coordinating the branch's business development. She went on to Merchant Services as the Client Relations Executive where she also filled the role of the Commissions Analyst with the Human Resource Department. This dual -position entailed managing client escalations, analyzing and adjusting pricing structures, contract negotiation, monitoring non -compete agreements and the paying and reversal of commissions. Prior to joining Waters & Company, Ms. Stapleton was involved in Real Estate Investment as the Operations Manager. In this position, she managed the renovation and budgets of over 200 single family homes and provided administrative support once the properties were tenant occupied. Jenelle has her Associates of Applied Sciences in Financial Operations and an Associates in Business Administration. She is currently pursuing her bachelor's degree in HR Management at Texas Women's University. Her major outside interest involves volunteering with Dogs on Deployment ("Dol)"), a non- profit dedicated to helping military members keep their pets while overseas. DoD arranges pet fosters and thus alleviates the need for pet relinquishment from military members due to the hardships of deployment. C I Wates & "I"ompan City of Denton, TX. Proposal to Provide Executive Recruitment Services. A APPENDIX I Sample Brochure THE COMMUNITY Irving, Texas, strategically situated between Dallas and Fort Worth, is home to more than 220,700 residents. Its thriving economy, anchored by 80 multinational businesses, strategic location, extensive highway system and proximity to Dallas/Fort Worth International Airport, attracts numerous travelers, residents and businesses to the city. State-of-the-art transportation provided by the Dallas Area Rapid Transit bus and rail system, coupled with an Interstate and several state highways, provides convenient access to the entire DFW Metroplex. Light rail services from Irving to Dallas/Fort Worth International Airport will be completed within the next year. Of Irving's 67.6 square miles of land area, more than 15,000 acres are dedicated to master -planned developments. These well-designed developments include Dallas Communications Complex, DFW Freeport, Freeport Center, Heritage Crossing District, Las Colinas, Valley Ranch and multiple retail centers. Irving has more than 80 hotels/motels, more than 100 shopping centers, more than 500 restaurants and hosts many major sports and entertainment events, including the HP Byron Nelson Golf Championship THE COMMUNITY (Continued) and an extensive array of cultural activities. Irving is home to a world-class Arts Center, which hosts live theater, ballet and symphony performances and displays of the works of national and local visual artists. Irving's new 275,000 square foot convention center offers exhibition, meeting ballroom, and breakout space to accommodate future resident and tourist needs. Irving also offers exceptional opportunities for recreation with more than 80 parks and beautification areas on 1,872 acres with 1,451 developed acres, six full-time recreation centers offering a variety of indoor sports, two aquatic centers, a dog park, lighted tennis courts, a youth action center, a senior activity center and the 300 -acre Twin Wells Park and Municipal Golf Course. Irving's residents are well served through the community's health care systems, including Baylor Medical Center and Columbia Healthcare System. Educational opportunities abound in Irving. Irving is served by the Irving, Carrollton -Farmers Branch and Coppell independent school districts, as well as a variety of private and parochial schools and academies. Irving also boasts three fully accredited institutions of higher learning, DeVry Institute of Technology, North Lake College and the University of Dallas. Also within easy commuting distance from the University of North Texas, Texas Woman's University, Southern Methodist University, University of Texas m City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON Legislation Text File #: ADP 16-0001 c, Version: 1 AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ACM: Jon Fortune DATE: July 26, 2016 SUBJECT Consider approval of an Alternative Environmentally Sensitive Area (ESA) Plan for the Villages of Carmel Phase 4B. The subject property is generally located on the north side of Pockrus Page, east of Monte Verde Way, and west of Swisher Road. The Planning and Zoning Commission recommends approval (7-0). BACKGROUND The subject property is located within Phase 4 of the Villages of Carmel, an approximately 45 -acre property located on the north side of Pockrus Page Road which was rezoned in 2015 from a Neighborhood Residential Mixed Use (NRMU) District to a Neighborhood Residential 6 (NR -6) District to allow single-family development. Within Phase 4 there are two areas of potential environmental importance: • Upland Habitat - At the northwest corner of the property is an area formerly located within an Upland Habitat ESA. This designation includes the remnants of the eastern Cross Timbers forest that are at least ten acres in size and requires that 50% of the ESA remain protected from residential development. The Upland Habitat ESA in Phase 4 was removed in 2008, however, after staff conducted a field assessment of the area it was determined that it did not meet the ten acre minimum acreage requirement to qualify as an ESA. • Riparian Buffer - At the southeast corner of the property is the remnant of a stream which is designated as a Riparian Buffer ESA. This designation restricts development within either 50 or 100 feet of the centerline of streams, depending upon the size of basin that is drained. Staff conducted a field assessment of the stream in 2015 and confirmed the existence of a Riparian Buffer ESA in this area. Because the stream drains a basin of less than one square mile, protection against development extends only within 50 feet of the centerline of this stream. The applicant is requesting to remove the Riparian Buffer ESA on the stream to allow development of nine additional single-family homes. As mitigation for this removal, the applicant is proposing to preserve trees inside the former Upland Habitat ESA at a 1:1 ratio to those removed from the Riparian Buffer ESA. To comply with the public hearing notice requirements, 60 notices were sent to property owners within 200 feet of the subject property, 347 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. Staff received two responses in favor of the request. Three members of the public spoke in support of the request at the Planning and Zoning Commission meeting on June 8, 2016. City of Denton Page 1 of 3 Printed on 7/22/2016 povveied by I_egivt9i IN File #: ADP 16-0001 c, Version: 1 OCTEQNS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDAT EON The Planning and Zoning Commission recommends approval of this request (7-0). The Development Review Committee recommends approval of this request. ' [i ' I [i 1' ■ 1[ ■ ■1111®■ � ■1[ ■ 1■■1■ ■ On June 8, 2016, the Planning and Zoning Commission recommended approval of the Alternative ESA Plan request (7-0). On July 19, 2016, the City Council held a public hearing and voted on the request. The result of the vote was a 3-3 tie. Any item that results in a tie is automatically placed on successive agendas until a majority vote is reached. STRATEG CU SCAN RE CAT EONS C The City of Denton's Strategic Plan is an action -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family -Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention F,77I RfTC 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. ESA Map 6. Proposed ESA Plan 7. Site Photos 8. Notification Map & Responses 9. June 8, 2016, P&Z Meeting Minutes 10. Draft Ordinance 11. Presentation City of Denton Page 2 of 3 Printed on 7/22/2016 povveied by I_egist9i I;, File #: ADP 16-0001 c, Version: 1 Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Mike Bell Senior Planner City of Denton Page 3 of 3 Printed on 7/22/2016 povveied by I_egist9i I;, City Hall City of Denton 215 E. McKinney St. - Denton, Texas 76201 www.cityofdenton.com , DENTON Legislation Text File #: ADP 16-0001 a, Version: 1 Planning Report ADP16-000INillages of Carmel Phase 4B City Council District 1 Planning & Zoning Commission June 8, 2016 REQUEST: Hold a public hearing and consider a recommendation to City Council regarding an Alternative Environmentally Sensitive Area (ESA) Plan for the Villages of Carmel Phase 4B. The subject property is generally located on the north side of Pockrus Page Road, east of Monte Verde Way, and west of Swisher Road. (ESA16-0001, Villages of Carmel Phase 4, Mike Bell). OWNER: Justin Bono, Astra Carmel, LLC APPLICANT: Rodney Zielke, P.E., Z Professional Services BACKGROUND: The subject property is located within Phase 4 of the Villages of Carmel, an approximately 45 -acre property located on the north side of Pockrus Page Road which was rezoned in 2015 from a Neighborhood Residential Mixed Use (NRMU) District to a Neighborhood Residential 6 (NR -6) District to allow single-family development. Within Phase 4 there are two areas of potential environmental importance: • Upland Habitat - At the northwest corner of the property is an area formerly located within an Upland Habitat ESA. This designation includes the remnants of the eastern Cross Timbers forest that are at least ten acres in size and requires that 50% of the ESA remain protected from residential development. The Upland Habitat ESA in Phase 4 was removed in 2008, however, after staff conducted a field assessment of the area it was determined that it did not meet the ten acre minimum acreage requirement to qualify as an ESA. • Riparian Buffer - At the southeast corner of the property is the remnant of a stream which is designated as a Riparian Buffer ESA. This designation restricts development within either 50 or 100 feet of the centerline of streams, depending upon the size of basin that is drained. Staff conducted a field assessment of the stream in 2015 and confirmed the existence of a Riparian Buffer ESA in this area. Because the stream drains a basin of less than one square mile, protection against development extends only within 50 feet of the centerline of this stream. The applicant is requesting to remove the Riparian Buffer ESA on the stream to allow development of nine additional single-family homes. As mitigation for this removal, the applicant is proposing to preserve trees inside the former Upland Habitat ESA at a 1:1 ratio to those removed from the Riparian Buffer ESA. SITE DATA: City of Denton Page 1 of 5 Printed on 6/3/2016 povveied by I_egivt9i IN File #: ADP16-0001 a, Version: Phase 4 of the Villages of Carmel contains 45 acres of undeveloped property. A Final Plat for Phase 4A on the western 17.5 acres of the property was approved by the Planning and Zoning Commission on May 5, 2015, and clearing and grading work is currently underway in this area. USE OF PROPERTY UNDER CURRENT ZONING: The subject property is located within an NR -6 District that permits a maximum density of six single-family units per acre. SURROUNDING ZONING AND LAND USES: North: The property to the north is zoned an NR -6 District and although currently undeveloped, has received plat approval for single-family homes within the Villages of Carmel Phase 5. East: The property to the east will dedicated as right-of-way for the future extension of Post Oak Boulevard, a six -lane, divided roadway. Properties farther to the east are zoned Rural Residential (RD -5X) and are developed with single-family homes. South: The property to the south is located within Planned Development -117 (PD -117) and includes single- family homes within the Preserve at Pecan Creek. West: The property to the west is zoned a Neighborhood Residential Mixed Use 12 (NRMU-12) district and is developed with townhomes within the Villages of Carmel Phase 1. COMPATABILITY OF REQUEST WITH SURROUNDING ZONING/LAND USES: Surrounding properties are all single-family developments. The proposed Alternative ESA Plan would have no impact on the use of these properties. COMPREHENSIVE PLAN: During the input process for Denton Plan 2030, as well as the 1999 Denton Plan, residents repeatedly expressed that preserving the natural environment of Denton is one of their highest priorities. As a result of the environmental principles of the 1999 Denton Plan, several areas with significant ecological value as ESA's were identified and these were subsequently adopted in 2002. The areas are subject to regulations that limit land -disturbing activity and development in specific natural resource areas, and protect the city's water quality. ESA's provide important plant and animal habitats, as well as provide critical linkages for wildlife, as they are intended to link existing and planned open space within the city. ESA's include the following areas: • 100 -Year Floodplain - Area within the FEMA 100 -year floodplain in its natural state or an area that has been graded, filled, or otherwise disturbed. • Riparian Buffers - Areas located 100 feet from the centerline of streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. • Water -Related Habitat - Areas that are designated for wetland, tree, and understory preservation and that include significant stands of water -related habitat. • Upland Habitat - Areas of a minimum of ten acres in size that contain remnants of the eastern Cross Timbers Habitat. Denton Plan 2030 outlines policies and actions to create a cohesive green infrastructure network, expand and protect tree canopy, preserve habitat and ecosystems, improve air and water quality, and conserve water resources. A few of the actions related to these policies that related to the applicant's request are provided below: • Further the ESA program to create an integrated system of publicly -owned natural areas that protect the integrity of important conservation sites, protect corridors between natural areas, and preserve outstanding examples of Denton's diverse natural environment. City of Denton Page 2 of 5 Printed on 6/3/2016 povveied by I_egist9i I;, File #: ADP 16-0001 a, Version: 1 • Use the ESA framework as basis for guiding land use decisions and providing an equitable distribution of natural resources throughout the city. • Encourage the preservation of floodplain and open spaces as access as a community -wide recreational resource instead of singular ownership by one person or a single neighborhood. • Require ESA Assessments for development sites where areas of high ecological value are proposed to be disturbed that will trigger appropriate management practices including any necessary mitigation actions. • Make broader use of mitigation banks to facilitate market-based compensation to landowners that choose to help environmentally sensitive lands. • Establish tree parks in which the City purchases lands identified to have significant amounts of historic trees for long-term preservation. • Develop a plan for conservation and preservation of the unique and endangered native Cross Timbers Forest region trees, Blackjack Oak and Post Oak, which are critical to the local wildlife and natural ecosystem of Denton. • Continue to enforce and update the ESA regulations in order to manage important natural areas that preserve wildlife habitat and native landscapes, while providing opportunities for education, scientific research, nature interpretation, art, fishing, relaxation, wildlife observation, hiking and other activities. • Preserve stream buffers and the bottomland hardwood habitat and wetlands in accordance with ESA regulations. CONSIDERATIONS: 1. The applicant is requesting to remove approximately two acres of Riparian Buffer ESA at the southeast corner of the Villages of Carmel Phase 4. This ESA designation is intended to protect the remnant of a stream that once fed into a tributary of Lake Lewisville. The natural stream terminates at the south end of the property near the intersection Pockrus Page Road of Post Oak Boulevard, where it is then collected into the City's stormwater system. The natural stream no longer exists to the south of Pockrus Page Road, as it was channelized along the east side of Post Oak Boulevard in 2001 to facilitate the Preserve at Pecan Creek Section A and Villages of Carmel Phase 3. These developments occurred prior to the adoption of the ESA protection regulations in 2002 and therefore were not required to provide any mitigation for the channelization downstream. 2. Staff assessed the Riparian Buffer ESA in 2015 and determined that the stream meets the standards for protection, however the applicant contends that the drainage improvements required within the remainder of Phase 4 will eventually eliminate any water runoff that currently feeds this stream. After reviewing engineering plans associated with Phase 4, staff concurs with this assessment. Once the remainder of Phase 4 is developed, the natural runoff that once fed the stream will instead be collected into the stormwater system, eventually eliminating the environmental conditions that qualify for ESA protection. At that time, the applicant could request a new assessment of the ESA and, if removed, could then replat the area into the nine additional lots currently proposed. 3. In exchange for the early removal of the Riparian Buffer ESA, the applicant is proposing to preserve trees within an approximately two acre stand of trees once located within an Upland Habitat ESA at the northwest corner of Phase 4B. For every inch of tree removed from the Riparian Buffer ESA, the applicant will preserve one inch within the old Upland Habitat ESA. Based on the tree survey provided with the Preliminary Plat, this will total approximately 875 inches. Because the two ESA's contain roughly the same proportion of tree sizes and species, primarily Post Oaks and Red Cedars, the proposed mitigation would allow for an approximately even trade of both quality and quantity of trees. The applicant intends to use any City of Denton Page 3 of 5 Printed on 6/3/2016 povveied by I_egist9i I;, File #: ADP 16-0001 a, Version: 1 excess inches of trees within the stand above the 1:1 ratio towards compliance with the minimum tree preservation requirements of the Tree Code. The net result will leave a majority of the former Upland Habitat ESA intact. 4. Furthermore, if approved, the applicant would no longer be permitted to credit the inches of trees within the tree preserve towards the minimum preservation requirements of the Tree Code. This creates the additional benefit of increasing the total inches of trees preserved across the entirety of Phase 4B. 5. The proposed tree preserve area is adjacent to two other heavily treed common area lots within Phase 4A and Phase 2C of the Villages of Carmel. The trees on these lots were also once part of the Upland Habitat ESA and were used to meet preservation requirements of the Tree Code for these phases. When combined, the three lots would provide a common area tree park available to residents of the Villages of Carmel Home Owners' Association (HOA). 6. Although acknowledging that the Riparian Buffer and Upland Habitat ESA designations have different purposes and cannot be equitably compared using trees alone, staff is supportive of the proposed mitigation as it affords protection not currently provided to an important environmental resource, creates a cohesive tree park centrally located for residents of the Villages of Carmel, and increases the total number of trees preserved across Phase 4. The cost for this protection is the forfeiture of the Riparian Buffer ESA that is likely be eliminated in the future once the remainder of Phase 4 is developed. 7. The proposed tree preserve is intended to be owned and maintained by the HOA of the Villages of Carmel. This area, unlike the adjacent common area lots in Phases 2C and 4A, must be managed in its natural state subject to Section 35.17.9 of the Denton Development Code. STAFF RECOMMENDATION: Staff recommends approval of the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 60 notices were sent to property owners within 200 feet of the subject property, 347 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. The applicant did not host a neighborhood meeting. PROJECT TIMELINE: Application Received: January 20, 2016 P' Submittal Sent to DRC Members: January 27, 2016 Comments Released to Applicant: February 12, 2016 DRC Meeting with Staff: February 18, 2016 2nd Submittal Sent to DRC Members: February 23, 2016 Comments Released to Applicant: April 8, 2016 City of Denton Page 4 of 5 Printed on 6/3/2016 povveied by I_egist9i I;, File #: ADP 16-0001 a, Version: 1 Business Days under DRC Review: 45 Business Day out to Applicant: 7 Total Business Days: 52 EXHIBITS: • Aerial Map • Zoning Map • Future Land Use Map • ESA Map • Proposed ESA Plan • Site Photos • Notification Map & Responses Respectfully submitted: Munal Mauladad Deputy Director, Development Services Prepared by: Mike Bell Senior Planner City of Denton Page 5 of 5 Printed on 6/3/2016 povveied by I_egist9i I;, ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING AN ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA (ESA) PLAN FOR THE VILLAGES OF CARMEL PHASE 4, GENERALLY LOCATED ON THE NORTH SIDE OF POCKRUS PAGE ROAD, EAST OF MONTE VERDE DRIVE, AND WEST OF SWISHER ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ADP 16-000 1) WHEREAS, Rod Zielke, on behalf of the property owner, Justin Bono, has applied for an Alternative Environmentally Sensitive Area Plan ("AESA Plan") for the Villages of Carmel Phase 4, an approximately 45 acre property generally located on the North side of Pockrus Page Road, East of Monte Verde Drive and West of Swisher Road in the City of Denton, Texas and particularly illustrated in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, the purpose of the AESA Plan, attached as Exhibit "B" and incorporated herein, is to remove the Riparian Buffer ESA designation within the area illustrated as "Existing ESA" (Block F, Lot 10) in exchange for the preservation of trees within the area designated as "Tree Mitigation and Habitat Preserve" (Block 28, Lot 22); and WHEREAS the stream in the Riparian Buffer ESA will soon disappear due to drainage improvements that will eventually eliminate any water runoff that currently feeds the stream and the ESA will naturally expire in the future; and WHEREAS, the AESA Plan requires all qualifying tree inches removed from the Existing ESA to be mitigated through preservation of an equal or greater number of tree inches within the Tree Mitigation and Habitat Preserve in consideration of the early removal of the ESA designation; and WHEREAS, the measurement of tree inches shall be calculated using the standards set forth in Subchapter 13 of the Denton Development Code; and WHEREAS, for the purposes of this AESA Plan, the City of Denton's Urban Forester, or his/her designee, shall have the final determination as to which tree inches shall be deemed as qualifying; and WHEREAS, the remainder of tree inches within the Tree Mitigation and Habitat Preserve not used for mitigation of the Existing ESA may be used towards meeting other Tree Code requirements for the development as to be determined; and WFIEREAS, on June 8, 2016, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (7-0) of the AESA Plan; and WHEREAS, on July 19, 2016, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for an Alternative Environmentally Sensitive Area Plan for the property, have determined that the proposed district is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said Plan is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The AESA Plan is attached as Exhibit "B" is hereby approved. SECTION 3. The City's official ESA map is hereby amended to show the change in the ESA designation and classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the -- day of __ 52016. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY FKAM APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Z PROFESSIONAL 61i ¢m6 SERVICES « v-loeio 1111 S. H.M Street, Selte 129 , a, G6aAa�ne, Teras 76051 (817)865-5029 EX-1 ADP16-0001 Site Location ADP16-0001 Zoning Map 3a=3 r r o,Vis, — ETJ51, 1 q 1 f � MINE a, e vP All - t t't r i) D' - i MC -f,-, `��_�+L��{' _ I L � 4 ," _- i O''.. r �r � ��I �- I � r; r„ 1 1`•=��il; ���'-��1sii- - �y„, ��"re"�v;�.��;' i1"�.' '� v� -_ - iI:�q.�.'lrf `U ;, 1E Sy, il�, ,, t � lE},£ ��t i�{» { �' � ��IS E {'„ k I kt {1 s y�s}�4 i.��`"`+��ii"�-�����"a�„y'�6 � �;•.. rF -� �§ ��Y �� - il���47,i- ' k� .,,��.fi s, � S � �6� : I�'r� � (ss "� '4y; z--.. �S _� �`�i ( 7 ��� � r �t����� , ��� �'��, i •u - _ Niel ,'��,��i,1 l� �S` i� �������� o-,��tt� �€�'��� �i.xx_"e .�I � s��i 4'����� " sw• �� `r � r�,.,l,.i j� `� v ��14�IfI`'S£ SO { .y L _ �. - ����;rl , M,t�"` ,. ,i._d s{;, �2--_shit_ et p 0 140 280 560 SITE ETJ 5��£``��1� ri,''' NRMU-12 E Fe s r .�... --- - -- Parcels NR -6 PD C®F Roads NRMU RD -5X" pDENTON IN� Development Services — GSI meeCit�{Jvof Denton and neve been made avaelabrte tome publichbased on the Publie Inpfo rm etlon Act Thh Clty of Dentonl makes every eff I t�a' eoduceeand publlshemle Ynost eu rerentue dtacc trete informanori possible No warrantiesthex�ressed or implied, are provided forthe data herein, Its use, or its Interpretation. Utilization of this map Indicates understanding and acceptance ofthis statement. ADP16-0001 Future Land Use Map )AISY 0 0 • f� ,• 0 0 0 o e o o 140 zeo 560 SITE Future Land Use Community Mixed Use Fee Parcels Low Residential Neighborhood Mixed Use Moderate Residential ������� Parks / Open Space o Y Roads t� WWM 'd � � , p� Regional Mixed Use � �' DENTON Development Services - GIls D ep p V 9 9 s.�..�Y..,_..9�,., U N s, p p p V mee11 Cit�{Jvof Denton and neve been medeoevaelabrte to publichbased on the Publie Information Atct T�e City of Dentonl makes every eff Nal, an publishem�e Ynost eurerentuandtacc nate informanori posssble� No warranties, ex�ressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. ADP16-0001 Environmentally Sensitive Area Map Flood Zones Habitats Stream Buffers °° z8° 56° . ` - Feet AE Upland 50 ft E AE, Floodway Water related 100 ft 3 CITY OF 41 X, 0.2 PCTAnnual Chance Flood Hazard Removed DENT Y r pON X, Area of Minimal Flood Hazard Undeveloped r Development Servicespll D ep p V 9 9 s�Y..,_„9�..-Fro ''�, ,. p p p V meeCit�{Jvof Denton and neve been medeoeva' able to me publichbased on the Publie Inpfo rm etion Atct T�e City of Dentonl makes every eff Irt�ol'peoduceeand publishem�e Ynost eu rerentue dtacc trete feformanori posssbT No warrantiesthex�ressed or implied, are provided forthe data herein, its use, or rts interpretation. Utilization of this map indicates understanding and acceptance ofmis statement. s Z�Cm ae 0 100 200 r r .',K GRAPHIC SCALE om.oi� —"ns WARpB ROAD m,-..'-.-'— _' —— V=100' --. \ / FDWARD$'�DAb =ED Jr _--.—�.—�Aq RF1M I I, Js� ��J � J L_-1 L �— _� -- _ -i s AC J L 1- � T SEA cow r �. T- -T-°-T-�.I ar„Ils,lsl,I y �� L--�-- I xNARPsoE P 1 ��. � LJ J J r r� T:� T + 1 +� I , I +� f 3 ®II /1 Ur � J J, I^ , I ,a ,_ I � I - L -J L _L_ NARDIK DRIVE �9 8 � f -i—TTT jT�TTTJ ��r T-- L+ z —i r — -- /L T T _�_'T �_�_ J J �� J--L -A I I r - �-1 1� ++++ Fi-+ J L- k a y i15` 2�yI0I' . I z3l I*SI f J s 5a- °� ,I,° ° TREE PARK _L 5� DEDICATED IN PRIOR F /� PHASES. i i -ts” ♦ f i -- f f �� h �..J sI',� Imo, I,e15 14 ( 790" 1110ROM i POSSIBLE TREE MITIGATION / �/s \ ,e r I� a� ----- EXISTING ESA .AND HABITAT PRESERVE f4 / RE '„ , "I7 1 1 -'-j / -! y NOTE: 14 { `✓ y' c f _ TREES REMO. FROM ESA WILL 'r /\-���`-.I ) t f r \�I I r`� BE MITIGATED BY 1:1 Is 5� PRESERVATION IN TREE MITIGATION AND HABITAT PRESERVE AREA. rr PHASE 413 ° io �e i ® 1 f 1 © ,€2I AREA PROPOSED TO BE 9 NR-6 LOTS. PHASE 4Ai. a� T-1- -IIS p1 ° 7r Si f 875" m SITE z3 �> v 0 J- a DEttlIm PLACE I� ` If ]> \OELORE$ PLAfE f_ 32�I n fo a MAMCIN528-SoN _71T TTTTrTT �� _ T� 115 , 1 & I - 4" Y" "f EXISTING ESAMAP \ P C 1 SII ® snnc n RPE I - gOAD cso PE A EI J MS NG 4r I y�J ADP16-0001 ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA PLAN VILLAGES OF CARMEL, PHASE 413 CITY OF DENTON DENTON COUNTY, TEXAS vE Z PROFESSIONAL = S�G,H SERVICES 0810 1111 S. Main Street, Suite 129 SrEE, Grapevine, Texas 76051 (sv) 865-5029 EX-1 Site Photos — Riparian Buffer ESA Site Photos — Proposed Tree Preserve ADP16-0001 Notification Map In order for your opinion to be counted, please complete this for and mail to: - -- -off-MV11 —•.•MMMUM Attn: Mike Bell, Project Manager 221 N. Elm Street Denton, TX 76201 You may also email or fax a copy to: Email: mike.bell@cityofdenton.com Fax: (940)349-7705 I I . I I 1' I III Please circle one: Infavorof request Neutral to request Opposed to request Comments: 1-12e. omoa I 1P Signature: o jlozr, e oreo- 4o4k%ioi Mailing Address: IL4, 4e- V,-'"4"— W01 City, State Zip: 4Je —7—x Phone Number: qqo ®3 6;? 09 Email Address: Jose-p1,%CoLkr%/1 t Le . . .......... Physical Address of Property within 200 feet: For specific information regarding the request, please refer to the City's website (see link below) for staff's analysis. The staff analysis will be posted on June 3, 2016. City of Denton Planning Division/City Hall West/221 N. Elm Street, Denton, TX 76201/940.349.8541 www.cityofdenton.com In order for your opinion to be counted, please complete this form and mail to: Department of Development Services Attn: Mike Bell, Project Manager 221 N. Elm Street Denton, TX 76201 You may also email or fax a copy to: Email: mike.bell@cityofdenton.com Fax: (940)349-7705 Please circle one: In favor of request Neutral to request Opposed to request Comments: . . . . . . . . . . . . . . . . . . . . . . . . Signature: Printed Name: IYA ie-- (..-e AlauA- hr' Mailing Address: City, State Zip: . ....... Phone Number: I -So Email Address: we V-1 z d -e-1 Physical Address of Property within 200 feet: 1roy4e . V-a(e For specific information regarding the request, please refer to the City's website (see link below) for staff's analysis. The staff analysis will be posted on June 3, 2016. ht42://www.cityo.f'deti.ton,com/goveri.i.i-nent/eitv-counciI/eity-couiiciI.-agendas-i-ninutes-videos City of Denton Planning Division/City Hall West/221 N. Elm Street, Denton, TX 76201/940.349,8541 www.cityofdenton.com Minutes Planning and Zoning Commission June 8, 2016 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, June 8, 2016 at 5:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Chair Jim Strange, Commissioners: Gerard Hudspeth, Larry Beck, and Andrew Rozell, Frank Dudowicz, Amber Briggle, and Devin Taylor. ABSENT: None. STAFF: Athena Green, Mike Bell, Deborah Viera, Munal Mauladad, Julie Wyatt, Shandrian Jarvis, and Jennifer DeCurtis. 1. Clarification of agenda items listed on the agenda for this meeting, and discussion of issues not briefed in the written bacicau materials. e Chair Strange called the Work Session to order at 5:34 p.m. Mike Bell, Senior Planner, presented Public Hearing Item 4A. Commissioner Briggle questioned why this final replat comes before this Commission if it is located within the extraterritorial jurisdiction. Bell stated if it is more than four (4) lots they have to come before the City with a final replat. Commissioner Rozell questioned the reason that it is on the Public Hearing and not as a Consent Agenda Item. Bell stated the Texas Local Government requires it to go as a Public Hearing Item. Roman McAllen, Historic Preservation Officer, presented Public Hearing Item 4B. Commissioner Briggle stated she enjoys seeing this historic projects come before this Commission. Mike Bell, Senior Planner, presented Public Hearing Item 4C. Deborah Viera, Environmental Compliance Coordinator, provided details for the upland habitat area. Bell stated staff recommends approval of this request. Commissioner Beck questioned the proposed trees being removed on Monte Verde Way. Bell stated they anticipate 90% of the trees to remain intact. Commissioner Beck referred to losing riparian buffer through development, he questioned if staff should have seen this coming prior to proposed development. Bell stated the protection is only for approximately 50 feet. Commissioner Beck questioned if the thick tree area will be thinned out for the tree park. Bell stated only within proposed plan area is required for preservation per the Environmentally Sensitive Area. The underbrush will not be cleaned out within that area. The other area can be cleared out to allow for walking trails. Commissioner Hudspeth questioned protection in the future to prevent them from going in at a later date and cutting down trees. Bell stated that area will be dedicated as a common area on the plat, the Homeowners Association documents stated the area has to be protected. There was no further discussion. Chair Strange closed the Work Session at 6:15 p.m. The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, June 8, 2016 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: Chair Strange called the Regular Meeting to order at 6:40 p.m. A. U.S. Flag B. Texas Flag 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. Planning and Zoning Commission meeting minutes. Commissioner Briggle referred to page one (1) lines 42-43 of the May 11, 2016, meeting minutes. She requested that staff go back and review the minutes for clarification on what was said between her and the applicant, Lee Allison, in regards to Environmentally Sensitive Areas and development within the site. Munal Mauladad, Deputy Director of Development Services, stated staff would review the minutes make any corrections and bring it back during the next meeting. Commissioner Amber Briggle motioned, Commissioner Devin Taylor seconded to continue the May 11, 2016, meeting minutes to the June 22, 2016 meeting. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Briggle "aye", Chair Jim Strange "aye" Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". Commissioner Larry Beck motioned, Commissioner Frank Dudowicz seconded to approve the May 25, 2016 meeting minutes. Motion approved (6-0). Commissioner Devin Taylor "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". Commissioner Amber Briggle abstained from the vote. 9�#Ifffilkkl RON WIM" milk= A. Consider approval of a Final Plat for the Love's Travel Stop Addition. The subject tract is an approximately 15.81 acre property generally located at the southwest comer of Barthold Road and Interstate 35 North, within the B.B.B. & C.R.R. Co. Survey, Abstract No. 141, in the City of Denton, Denton County, Texas. (FP 16-0011, Love's Travel Stop, Mike Bell). B. Consider approval of a Final Plat of the Hickory Creek Ranch Apartments Addition. The approximately 10.257 acre subject property is generally located on the west side of Teasley Lane, approximately 600 feet north of Leatherwood, within the J. Dickson Survey, Abstract No. 342. (FP15-0050, Hickory Creek Ranch Apartments Addition, Julie Wyatt) Commissioner Devin Taylor motioned, Commissioner Larry Beck seconded to approve the Consent Agenda. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". UEON�.•� A. Hold a public healing and consider approval of a Final Replat of Lots I A- I E, Block 2, of the East Ponder Estates. The approximately 9.99 acrepropertyis generally located at the southeast corner of H. Livery Road and Seaborn Road, within the John McGowan Survey Abstract No. 798, in the Extraterritorial Jurisdiction of the City of Denton, Denton County, Texas. (FR16-0005, East Ponder Estates, Mike Bell) Chair Strange opened the Public Hearing. Mike Bell, Senior Planner, provided a brief presentation for this request. The applicant didn't wish to present. There was no one to speak on the item. Chair Strange closed the Public Hearing. Commissioner Devin Taylor motioned, Commissioner Andrew Rozell seconded to approve this request. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". B. Hold a public hearing and consider an application for a Historic Landmark Designation for thepropertylocated at 1120 North Locust Street, and provide a recommendation regarding the appropriateness of the property to receive this designation to the Planning and Zoning Commission and City Council. The subject site is located on the east side of North Locust Street, approximately 20 feet south from the intersection of North Locust Street and Second Street. The Historic Landmark Commission recommends approval 7-0. (HL15-0005, 1120 North Locust Street, Roman McAllen) Chair Strange opened the Public Hearing. Roman McAllen, Historic Preservation Officer, provided a brief presentation for this request. There was no one to speak on this item. Chair Strange closed the Public Hearing. Commissioner Briggle thanked the applicant for moving forward with this request. She stated she always enjoys seeing these items come before this Commission. Commissioner Taylor stated although this item is not currently located within a historic district there are a lot of great historic properties and areas that get overlooked. He stated he is glad to see another area of town preserved. There was no further discussion. Commissioner Amber Briggle motioned, Commissioner Frank Dudowicz seconded to approve this request. Motion approved (7-0). Commissioner Devin Taylor "aye", Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". C. Hold a public hearing and consider a recommendation to City Council regarding an Alternative Environmentally Sensitive Area (ESA) Plan for the Villages of Carmel Phase 4B. The subjectroroperty is generally located on the north side of Pockrus Page Road, east of Monte Verde Way, and west of Swisher Road. (ESA16-0001, Villages of Carmel Phase 4, Mike Bell), Chair Strange opened the Public Hearing. Rod Zielke, applicant, ZPS Consulting Engineers, 1111 South Main Street, Grapevine, Texas. Zielke stated he did not have a presentation, he was available for questions. Commissioner Beck referred to the proposed retaining wall, he questioned what construction would be needed to develop the wall and who would be the responsible party to maintain the wall. Zielke stated it would be on the homeowner's property, the Homeowner's Association would maintain the wall since it will be located within an easement on the back of the lots. Mike Bell, Senior Planner, and Deborah Viera, Environmental Compliance Coordinator, provided the backup materials for this request. Commissioner Taylor questioned the Environmentally Sensitive Area (ESA) identified in green on the backup materials. Viera stated that area has been assessed and confirmed on the ground currently. The current phase has not yet been confirmed. Viera stated ownership for the wall and all other details are discussed in Subchapter 17 of the Denton Development Code. Bell completed the remainder of the staff presentation, he stated staff recommends approval of this request. The following individuals spoke during the Public Hearing: David Hergenrader, 4521 Heron Pond Lane, Denton, Texas. Hergenrader stated he doesn't have concerns with the ESA area; however, he does have concerns with the developer not keeping the area and streets clean. He provided pictures of the area after heavy rain runoff and the status of the streets during that time. He stated he has worked with the Texas Commission on Environmental Quality (TCEQ) in regards to the runoff and drainage issues on the site. Commissioner Beck questioned erosion control in the area, Hergenrader stated the pictures he provided show the only areas that contain a silt fence for erosion control. Commissioner Hudspeth questioned where Hergenrader resides in regards to the subject site. Hergenrader identified on the map, he stated the erosion control issues are throughout the entire development. Commissioner Hudspeth questioned what control the City has in regards to this concern. Jennifer DeCurtis, Deputy City Attorney, stated that would need to be discussed individually or during a Closed Session. Commissioner Hudspeth stated he doesn't feel that is necessary, however, he would like the citizen to be aware of what the City has control over and what is out of their jurisdiction. DeCurtis stated the City can regular the drainage on site, she deferred the citizen to Viera for additional information and clarification regarding drainage. Viera provided clarification in regards to what the City has jurisdiction over. Hergenrader provided a copy of the TCEQ documentation he received for the site. Chair Strange questioned if he supports this request, Hergenrader stated he supports this request if the applicant completes the steps properly. Susan Sitzes, 3600 San Lucas Lane, Denton, Texas. Sitzes thanked staff for their presentation. She questioned if the removal of the ESA would displace wildlife in the area. Viera stated the habitats are known for being sheltered habitats for wildlife. During the field assessment staff can note if there is any wildlife that could be endangered. The assessment did not show any wildlife within the area. Viera stated there is possibility for wildlife within the area, however, we work to keep the disturbance minimal so they are able to get back and forth within their habitat. Sitzes stated she is in support of this request. Joseph Courville, 3500 Monte Verde Way, Denton, Texas. Courville stated he is in support of this request. He stated he is familiar with this site, he has done work with Keep Denton Beautiful over the years. There is significant wildlife in the area and the more we can do for Denton to help preserve the tree canopy will help protect the wildlife without running them into the county. Justin Bono, Project Developer, 9212 Arbor Trail, Dallas, Texas. Bono stated he will follow-up with the project manager. He stated he has not received any notices from the TCEQ. Bono stated he will talk to the project manager onsite to ensure that the site is being managed accordingly. Commissioner Rozell requested clarification on the process the applicant came up with to determine the proposal. Bono stated the development has been zoned and platted with two different phases. He stated they felt it would make sense to preserve the trees in the area adjacent to the large preservation. Commissioner Beck questioned the retaining wall materials. Bono stated they would be masonry or stone. Michele Berry, 3621 Oceanview Drive, Denton, Texas. Berry stated she supports having the wildlife and woodland area in the development. There was no further discussion. Chair Strange closed the Public Hearing. Commissioner Taylor questioned the process for enforcement of the tree preservation. Bell stated the primary mechanism used would be the Tree Preservation Plan. The Urban Forester would work through all of the construction areas on the site. There is also protection within the deed restrictions of the Homeowner's Association. Commissioner Larry Beck motioned, Commissioner Frank Dudowicz seconded to approve this request. Motion approved Commissioner Devin Taylor "aye", Commissioner Amber Briggle "aye", Chair Jim Strange "aye", Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Gerard Hudspeth "aye", and Commissioner Andrew Rozell "aye". A. Planning and Zoning Commission project matrix. Commissioner Briggle questioned if the Tree Code would come back before this Commission during the next regularly scheduled meeting. Munal Mauladad, Deputy Director of Development Services, stated staff will request a continuance. She stated staff is still working to meet with the Denton Community Development Alliance, gather information, develop a report, and allow time to provide responses. Commissioner Briggle acknowledged. Commissioner Rozell questioned if there is a priority order for the items on the matrix. Mauladad stated the matrix was initiated as a result of several requests from Commissioners. There were several lists at one time that have been complied into one list. There is no level of priority, however, there are a few exceptions. Commissioner Rozell questioned if some of the completed items could be removed. Mauladad stated staff opted to leave them on the matrix in order to give a general idea as to where we are with the requests. There was no further discussion, Chair Strange adjourned the Regular Meeting at 7:37 p.m.