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HomeMy WebLinkAbout2020-11-09 SB Packet - Released SELECT BOARD MEETING Monday, November 9, 2020 Conducted by Remote Participation* 6:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 45 80 if they wish to speak during public comment to assist the Chairman in managing meeting times. TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. C O VID-19 & Reopening Update 6:05pm • Strategies, Implementation, Community Response Actions and Reopening Efforts Related to C O VID-19 Guidelines and Directives 2. Update on Next Steps for Social Racial Equity Initiatives 6:10p m 3. Minuteman Regional Vocational Technical High School Athletic Fields 6:15p m 4. Special Town Meetings 2020-2 and 2020-3 6:30pm • Article Positions/Discuss ion • Review Select Board Report for S TM 2020-2 Article 1: Reports of Town Boards, Officers and Committees 5. 186 Bedford Street Regulatory Agreement 6:45pm 6. Review and Approve Letter to the Department of Public Utilities (DPU) 6:50pm SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS ADJOURN 1. Anticipated Adjournment 7:15pm *as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting- law-order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting:https://zoom.us/j/93753455332pwd=dEpWRG14MSszQlg5WmdpU3pUS2poZz09 iP ho ne one-tap: +19294362866„93753455332# or+13017158592„93753455332# Telephone:+1 301 715 8592 or+1 312 626 6799 Webinar ID:937 5345 5332 Passcode:278848 The next regularly scheduled meeting of the Select Board will be held by remote participation on Thursday, November 12, 2020 at 6:00pm. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Leyfed" ila subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: COVID-19 & Reopening Update PRESENTER: ITEM NUMBER: Jim Malloy, Town Manager SUMMARY: COVID-19 & Reopening Update SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2020 6:05pm ATTACHMENTS: Description Type D 1.-Jpdated.Charts H 9 20 Cover Merno D COVID 19 t JI'A.Cate Cbver]VIlervio D Health Departnrnt Situation.Report (..",bver Mary,) qlT a 00 IIIIVIIIIVIIIIUplllplpp�pl�������ti�s�titititi�}v„�v,�� a000 14 IIIIIIVIIIIVIIIIuulluiu Q � IIIVIIIIVIII .� 2 o o L E 0 o 17. 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Town/School/Comm unity: • We currently have 50%of employees working in the office/50%working remote and opened to the public by appointment(only) as of 10/19. We have continued to review positive cases in the state/region and have scheduled a meeting of health officials and town management to review the current statistics and develop a plan as the positive cases continue to rise to ensure we are prepared to take quick action should it be appropriate. • We continue with no employees that are presently positive with COVID-19. • We continue to have a regular, COVID-19 conference call every Wednesday morning at 9 AM with the Senior Management Team and Health Officials. • We continue to work on a posting on the website that will include the triggers for any retrenchment of Town staff in offices to provide relevant information to residents. An initial draft has been shared between the Town Manager, PIO and Health Department. N l M O lD fV r14 C O r14I� V) L!) 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O O O O O O O O O O O O N lD M O Ln Ln W O E lD ri I- O N M Ln 00 O O O 00 m m N M M M f- O N N w w w w m m O O O O M11* Ln Ln Ln Ln Ln 00 00 00 00 m O O O M 1:11 q:l- Zt q:t Ln Ln Ln W (.D I- r- r- r- r- 00 00 00 00 00 00 Cf) 0) m m m O O O O O O O O O ri ri ri ri ri ri ri ri rl ri rl ri rl ri ri ri 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 N M M M M M M M M M M M M M M M M M M M M M M M M M 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 O O O O O O O O O O O O O O O O O O O O O O O O N r4 fV fV fV N N N N N N N N N N [V fV fV fV fV N N N N N N N N N N r14 fV cV fV N N N N fV N N N N N N rsJ fV N CV N N N N fV 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 O O O O O O O O O O O O O O O O O O O O O O O O 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 N N N N fV N N N N N N N N N N N N N N N N N N N N N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ O r-I N M I;t Ln w I- 00 a) O ri N M lzt Ln w I- 00 C1) O r-I N M Ln W I- 00 CJ) O r-I N M It Ln W I- 00 CY) O ri ri N M 1;3- Ln W I- 00 C1) O r-I N N N N N (V N CV CV N N M \\\\\\\\\ ri ri ci ri r-I r-I r-I r-I r-I r--I N N N N N [V CV N N N M M \\\\\\\\\ c-I r-I r-I \\\\\\\\\\\ Ln Ln Ln Ln Ln Ln Ln Ln Ln \\\\\\\\\\\\\\\\\\\\\\ lD lD lD l0 l0 l0 l0 l0 W \\\ Ln Ln Ln Ln Ln Ln Ln Ln Ln Lr) Ln Lr) Ln Lf) Ln Ln Ln Ln Ln Ln Ln Ln lD lD lD W W Ln C3) (,D CT) OIct O m O W NI�t O It* I:* W N O O M O Ln M M N I- N M MI:* M M M W N I- M I- M 9t O 00 M r-I :* MI�t O M r- r-I N w L1) 1:11 r- 1:t r- CT) N w � O Ln N O 00 Ln CY) r-I ri Ln w I� w 00 m ri I- Rt r- � r-I O I� ri GT) N N I- ri 00 lD � Ln N � CY) I- ri 00 lD w r-I CT) Ln Ln . r- O Q) M Ln Ln 00 a) CS) ri Q) 00 O r-I I, w W � Ln r-I 00 ri W r14Ln O O 00 O r-I 00 I, O Ln � Ln W W I, W 00 M � � � r14 r14 N r14Ln c Ln M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ri r-I r-I m N r-I r-I r-I r-I r-I N r-I r-I rl r-I r-I r-I r-I r-I rl r-I r-I r-I r-I r-I r-I r-I r-I r-I m 0 - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci C� N N � � O 00 M � N � O 00 Ln � Ln � N Q) Il Ln ri Ln ri Ln o0 M N O N M Q) Q) ri lD Ln lD Il � 00 Il O Ln Ln lD N M M M Ln . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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M M. 00 00 00 00 00 00 00 lD lD (.D (.D r-I ri ri ri r-I ri ri N N N N N N fV N N N N N N fV r-I r-I ri ri ri ri 00 00 O O O O O O O CY) 0) C1) 0) a) 0) CY) 00 00 00 00 00 00 00 N N (N N (N N CY) CY) Q) CI) Cn 0) CI) C1) Tt Tt 'tt Rt '�t Rt 0) 0) 0) 0) Cn Ct) Ct) cV cV cV N ri ri 00 00 00 00 00 00 00 Ln Ln Ln Ln Ln Ln Ln Rt I:t Kt It Rt lzt Kt ri ri ri ri ri r-I lzt 9t 9t Rt Rt Rt qt 9t Ln Ln Ln Ln Ln Ln N N N r14 N N N rI ri ri ri ri ri Rt Kt It Kt qt I;t It LD lD l0 l0 w w L,D ri ri ri ri ri rI ri 00 00 00 00 00 00 Ln Ln Ln Ln Ln Ln Ln Ln M M M M M M It I;d- It It It It It (3) GI) GI) (3) 00 00 m M M M M M M rl r- r-� r-� r- r- r- N rl rV N N N N r N N N N N N N N LD & <D l0 l0 l0 Ln Ln Ln Ln Ln Ln Ln 00 00 00 00 ri ri ri ri ri ri ri ri ri ri ri ri ri ri N N CV N N N N N N N N N N (^n M M M M M M M 1:1' ':t '�t "t 'ct Lr) Ll) Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln N N N N (N fV N M (3) CT) (3) M M Gi) C) M C)) M CT) Q) CT) N N N N N N 00 00 00 00 00 00 00 00 Ln Ln Ln Ln Ln Ln O O O O O O O W W W 00 O O m m m m m m m m m m m m m m ri ri ri ri ri r-I r-I I- I� I- I- I- r- m m m m m m m m l0 l0 lD lD w w ri r-I ri ri r-I r-I r-I N N N N L,D lD M M M M M M M M M M M M M M O O O O O O O M M M M M M M M M M M M M M M M M M M M N N fV fV fV fV fV I- r- r- r- I- � N N rl cV cV rV N r- r- rl r- n r- rV N cV cV rV N N 00 00 00 00 00 00 l6 lD 1. lD 1.6 lD lD lD (9) (7) (9) (7) CT) CT) I;zj Ln Ln Ln Ln r-I ri N N r'J N cV fV cV cV N N N cV N N M M M M M M M Ict qt Rt I;t qt It Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln w (.D lD lD w w lD w w w w M C) lz:J- M CY) 00 00 N N Ln Ln ri m I- n r-I Ln r-I M M M N N I'� N ri M O (N Ln O I:t M N M ri M O M N ri M M M N M I- N W W M W I- M I;t m ::J- N w It m w O w O ri w 00 00 I- N N mI;t C1) w rn a) 00 N m ri Ln N I- 00 00 w n n CY) N C1) ri O w O w CY) lD Ln ml:;T N 00 Ln W Ln LD r-I CY) O CY) M M ;:J- M N N M N O O N O I- M r- N M1;3- ri Rt Cf) O O CY) C) O 00 W W [V W N 00 Ln M CT) 00 ri Ln O Ln ri M w 00 r-I w O cor. . 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O O O O O O 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 O O O O O O O O O O O O O O O O 0 Ol m ri ri ri M m N N N N ri ri ri rl ri ri ri O O O O O O O l� � r- r- r- r- r- r- M M M M M M M N N N N N N N Ln Ln M M M M M r-I ri 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 N N N N N N N N N N M M M CO M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M 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 O O O O O O O O O O O O O O O O O O O O O O O o rV rV rV rV rV N N N N N (N N N N rV rV rV rV rV rV N N rV rV rV N N N N N rV rV PV rV N rV N rV fV rV rV (N N N N rV rV rV N rV N rV rV rV 0 O O O O O O O O O O O O O O 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 O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N rV 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 rV \\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ M Kt Ln O l- 00 0) 0 -I N M ;I- Lr) W l- 00 dl O -I N M ;:I- Lr) W l'� 00 Ol O r-I N rn Lr) W l- 00 C) O -I N M � Ln W l� 00 C) O T-I T-I N M Ln �i N N N N N N N N N N rn \\\\\ \\\\ r-I r-I r-I -I -I -I �i -I -I -I N N N N N N (N N N N M rn \\\\\ O 00 I- Ln O -I 00 W Lr) a) Ol N w M M It* -I mt T-I Ln O O w Lf 1 O N 1, N 1, N M N M W ll 00 -t* Ln N O �t O M N 00 W 1* 1, 0 M M 00 00 M 0 00 M O l- N 00 N lzt N n N M n cV 0 -1 W Ql Ql -1 M -I Zt w l- Ln lD l- Ln O �* ql- rl l- rl l- w Ql l" r-I r-I l- 00 l- Ln O 00 Ql Lr) w M M M N rl N N N N ri ri N r-I N N M N ri ri N rI N N rl M rI rl rl r-I r-I ri ri r4 ri rl N rl N rl rl rI N N N N ci rl m M M N M rl I;t M Lr1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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 ri N M M N M ri c-I N N N N m N ri ri N N M N ri 00 ri N N ri N N ri N ri ri N r� N N N N m N N M N N m m � m m ri � m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 O O O O 0 O O O O O O O 0 0 O O O O O O 0 � O O O O O O 0 O O O O O O O O O O O O O O O O O O O 0 O O 0 O O O l0 M M M M M M M ri ri ri rI ri ri ri M M M M M M M M M M M M M M N N N N . . 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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 O O O O O O O O O O O O O O O O O O O O O O O O m m m m m m m 00 00 00 00 00 00 0 0 0 0 0 0 0 r-I r-I r-I r-I r-I r-I r-I ri M m m m M m M M M M M M M 0 0 0 0 0 0 0 M M M M M M m m M m M M m M M M M m mIt* T* T* � RZI, � 1:11 qtItt qtR:11 � RZI, q* � RZI, R* Rt qt qt qt qt qt RtRZI, Ln Ln Ln Ln Ln Ln Ln � R:* Itt qt Tt M M M m M M m M M M M m m m M m m m m M M M m M m M m m m M m m m m M m M m M M m m m m M m m m m m M m m m 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 O O O O O O O O O O O O O O O O O O O O O O O O N [V fV fV fV N N N N N N N N N N [V fV fV fV fV N N N N N N N N N N r4 fV cV fV N N N N fV N N N N N N fV fV fV fV N N N N fV 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 O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N fV N N N N N N N N N N N N fV N N N N N N N N N N N N N N N N N N N N N \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ lD I- 00 01 O r-I CV M I;j- Ln (.0 I- 00 Q) O r-I N M I;j- Ln l0 I- 00 Q) O r-I r-I N M I;t Lf) Co I- 00 Ol O ri N M ;I- L() l0 I- 00 0) O r-I N M Rt Ln lD I- 00 \\\\ r-I r-I r-I r-I r-I r-I r-I r-I r-I r-I N N N N N fV N CV N N M m \\\\\\\\\ r-I ri r-I r-I r-I r-I r-I r-I r-I r-I N N N CV N CV N N N 00 00 00 00 \\\\\\\\\\\\\\\\\\\\\\ a) 0) 0) Ol Ol Ol 0) dl al --- 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0) a) O) 0) a) a) 0) al d1 01 CY) IT dl dl 0) Cl) a) a) a) N O O l.0 1:t LD (Y) Q) N l0 m m Ln N N r-I dl r-I Q) Ln Ln 00 r-I � r-I Ict 00 M Q) Q0 O N 00 N M 00 I- Ln lD Ln O O Q) O :* m N Lr) Rt Lf) I�t r- l0 N N 00 ri Q) N r-I ri lD O ri r� lD lD M O I- 1;4- r-I lD M N M L() 00 Q) r-I r-I r'� N lD 00 lD I- l0 m 00 Q) 00 I- LD I:t IZT I:zt I:* Lr) Ln r-I al (Z r-I M M N N N N M N M M N r-I N N E r-I ' Lr) M M M I;t r-I M M N M NI;t M N r-I r-I M ' 00 N N N N N Ln Ln M N r-I Lr) I;j- Lf) Lr) M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ci M M M N M N M N M M N N N rV ri O Ln M M M ri M M N M N M M N ri N M O Il N N N N N Ln Ln M N ri � � � Ln M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N M M M M M M M M M M M M M M M M M M M M M M Ln Ln Ln Ln Ln Ln m m m m m m Ol I- r- r- r- r- r- r- Tt Ttqzll qt q* Ln Ln Ln Ln Ln Ln I- r- r- r- r- r- r- qt qi qt q:31 qt l0 110 l0 l0 l0 l0 l0 l0 ri r-I r-I r-I r-I r-I 00 00 00 00 00 00 00 .-i ri ri ri r-I r-I r-I I- r- r- r- r- r- 00 00 00 00 00 00 I- r- r- r- r- r- r- 00 00 00 00 00 00 00 r- r- r- r- r- r- F- r- Ln Ln Ln Ln Ln Ln 01 a) 01 01 01 01 a1 al a) al al Ql 01 a) lfl l0 l0 lD lD l0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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>>QnII�II�����IIIIIIIiiiiuio�uluouuuuuuuuuuuuulluuuuuuulQQolll��lllllllllllllllllllllllllllllliiiiu�o�o��® I m 1775 'c Town of Lexington Land Use, Health and Development Department Q o W Office of Public Health 1625 Massachusetts Avenue <F APRIL 19THo� Lexington,MA 02420 x►NGV (781)-698-4533 Fax(781)-861-2780 David Neylon,RN,MPH,REHS/RS Board of Health Public Health Nurse x 84509 Wendy Heiger-Bernays,PhD,Chair Burt M.Perlmutter,M.D. Casey Mellin,REHS/RS,CHO David S.Geller,M.D. Health Agent x 84507 John J.Flynn,J.D. Susan Wolf-Fordham,J.D.,M.P.A. Alicia McCartin Health Agent x 84519 C OVID-19 Lexington Office of Public Health Situation Report Week of 11/2/2020 To: Jim Malloy, Town Manager From: Alicia McCartin, Health Agent Date: 11/6/20 Current Snapshot (Data range from 3/7/20 to 11/4/20 unless otherwise noted) • 383 total confirmed Lexington cases as of 11/4/20 (3 new confirmed cases this week; 14 day case count 16) • 74 total probable Lexington cases as of 11/4/20 (0 new probable cases this week) • 5 confirmed cases have not cleared isolation (recovered) at this time • No fatalities this week. • Total fatalities since 3/7/20=47 (94%* associated with Long-term Care Facilities) *Self- report by LTCF;not checked against official death certificates • Total number of Lexington residents tested in previous 14 days =2739 individuals as of 11/4/20. • Percent of individuals tested last 14 days that were positive as of 11/4/20 =0.58% • Average daily incidence rate per 100,000= 2.3 1 Lexington Confirmed Cases by Week (3/7/20* to 11/4/2020) *First case reported 3/7/20; **Peak surge week of 4/13/20; ***Confirmed case reclassified as negative per updated state case surveillance definition ****Confirmed case reclassified to different jurisdiction as the positive case was not a Lexington resident *3/4/2020 0 0 3/11/2020 3 3 3/18/2020 6 3 3/25/2020 14 8 4/1/2020 28 14 4/8/2020 62 34 **4/15/2020 151 89 4/22/2020 206 55 4/29/2020 254 48 5/6/2020 275 21 5/13/2020 289 14 5/20/2020 302 13 5/27/2020 309 7 6/3/2020 315 6 6/10/2020 318 3 6/17/2020 321 3 6/24/2020 321 0 7/1/2020 326 5 7/8/2020 327 1 7/15/2020 329 2 7/22/2020 332 3 7/29/2020 335 3 8/5/2020 339 4 ***8/12/2020 338 0 8/19/2020 340 2 8/26/2020 341 1 9/2/2020 343 2 9/9/2020 343 0 9/16/2020 350 7 ****9/23/2020 351 1 9/30/2020 358 7 10/7/2020 362 4 10/14/2020 369 7 10/21/2020 371 2 10/28/2020 380 9 11/4/2020 383 3 2 1_�............. ................... .......... ..........................--------------- .................................................... ................................................................. ..................................... 0, ............... ...................... ................................................................................................................................................................................................................................................................ 111 ..... 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Lexington Confirmed Cases by Gender (3/7/20* to 11/4/2020) *note—date of Lexington's first confirmed case; cumulative case count Gender #Cases Percent Unknown 10 3% Female 226 59% Male 147 38% Total 383 100% Percentage of Lexington Confirmed Cases by Gender* Data from 3/7/20-11/4/20 Unknown 3% Total Cases=383 4 Lexington Confirmed Case Distribution by Aye in 10-Year Increments (3/7/20 to 11/4/20) Age Range #Cases (cumulative count) 0-10 4 10-20 22 20-30 18 30-40 21 40-50 45 50-60 65 60-70 44 70-80 63 80-90 69 90-100 30 100-110 2 Total 383 �ill 1191111i ' ��111��1���f ill 11 5 Lexington Confirmed Cases by Reported Race/Ethnicity (3/7/20 to 11/4/20) Race/Ethnicity #Cases (cumulative count) American Indian Alaskan Native 1 Asian 30 Black/African American 21 Other 51 Unknown 56 White 224 Total 383 Percentage of Lexington Confirmed Cases by Race/Ethnicity* Data from 3/7/20-11/4/20 American Indian Alaskan Native 0% Black African American 5% Other 13% Total Cases=383 6 Changes over last 14 days (10/21/2020- 11/4/2020) On 7/15/20,the Massachusetts Department of Public Health (MDPH)has updated their City/Town reports to reflect percent changes over the past 14 days only, rather than total cumulative standardized rates. Data reported below compare Lexington confirmed cases (PCR results) to 8 geographically adjacent communities. Starting 10/22/2020 the state has changed its weekly COVID report from Wednesdays to Thursdays. On the weekly report issued by the state on November 5, 2020, the state is changing the way they group a town either grey, green, yellow, red. Below is the chart that came from pg. 27 of the weekly report from the state. As of 1115, DPH is using 2019 population estimates derived from a method developed by the University of Massachusetts Donahue Institute. The 2019 estimates are the most currently available data. As of July 1, 2019 the University of Massachusetts Donahue Institute estimates Lexington's Population to be 33,132. Pqpulattiffio,n� Less, thanor equal L ess, . i l Less,than orequa l to 10total to w cases, clases, to 15 ",! r I s'" a I. jo - F I,I r, <10 av,vasesi/100k, �<10 al r m.,.cases,/ II'' U0 f ---------------------------------- Less than or equ4l �t,10 avg cases/1001k, ->10 avg,c,aseis,/100k, ,,to,, 15 total cases, AND >1-011otal cases AND >1511otal cases to d o total r , VI I % GI. r. I "% I U,u V ." � t o ., �" � ll a + � 1 � V0 �AOI avgcases/100k ' 1 r � n �` �' �� II �` , te 7 Average daily incidence rate per 100,000 over the last 14 days (10/21/2020- 11/4/2020) Illlllull2 111, � Illllllllu ""°� IIVi ' �oi�uouu Illuu IIIIII uuw.. Vim ll I °° Illlluu° IIIIIIII� m I uui um� u�u� uui �� IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uuuuuuuuuuo ' � IIIIIIIIIIu Illlllllllllllul Illlllllllllllm Illlllllllllllul I� 1111103II IIIIIII IIIIII Illlllllllllul Waltham 0.86% 155 16.7 19909 172 Bedford 1.34% 18 ll 1421 19 Woburn 2.66% 84 14.4 3641 97 Lexington 0.58% 11 2739 16 Burlington 1.26% 23 2137 27 Belmont 0.73% 17 3284 24 Arlington 0.89% 42 Ili J 5038 74 Winchester 1.85% 49 15.7 2750 51 Lincoln 0.56% <5 2.5 531 3 Percentage of Cases Tested with Confirmed Positive Ilesults for COVID....1. 1,,, /21,,,/2 ,,,,,, 11,,,/4/2 . % . 2. % 2. % 1.85% . % 1.34% 1.26% 0.58% 0.56% . % . % Woburn inches-ter lBedford Burlington Arlington Waltharn IBellmon-t Lexington Lincoln 8 Number of COVID 1 9 Te sts (PCR) in the Last 14 Days* 1 1/4/2,0.1 0/21/20 25000 19909 20000 15000 10000 5038 5000 3641 3284 2750 2739 2137 1421 0 11 0 0 0 m MEE= Waltham Arlington Woburn BeIII ire ont Winchester 1l,exington Burlington lBed-ford 1l,incoln Nuimbeir of Cases Tested with Confilrill-ned Positive Results for COVID-19 In "the Last 14 Days* *1 0/21/2,0. I 1/4/20 200 180 160 14-0 120 100 80 60 40 20 0 Waltham Woburn Arlington Winchester Burlington Belmont IBed-ford Lexi urn g-toire Uncolire Discussion of Data and Lexington Office of Public Health COVID-19 Activities: There was 3 new confirmed COVID-19 cases in Lexington this past week. In addition, there were 0 new probable cases this week. At this time there are a total of 5 active cases in Lexington that are in isolation until recovery. There have been no fatalities this week. Over the past 14 days, MDPH reported 2739 Lexington residents have been tested for COVID- 19 with analysis by PCR. Of those residents tested, the state reported less than 16 individuals (0.58%)were confirmed positive. To better inform local decision making,the state has released an interactive color coded map with standardized daily incidence rates averaged over the previous 14 days. The map can be found at the following link: ,...., vd,....,1.9,....,data,....,reporting. Standardized rates (per 100,000) for Lexington and the 8 communities geographically adjacent to Lexington have been added to the table on page 7 of this report. Long Term Care Facilities and Assisted Living Facilities New guidance was announced on 9/14/20 that allows safe indoor visitation to resume in nursing homes and rest homes, and further expands indoor visitation options in assisted living residences (ALRs) starting Friday, September 25. The guidance from the Department of Public Health (DPH) and the Executive Office of Elder Affairs (EOEA)balances the important role visitation plays in supporting resident emotional health and quality of life, while ensuring necessary infection control measures are in place. September 14's announcement builds on previous guidance to further support residents and their loved ones who have been disproportionately impacted by COVID-19. In March, the Commonwealth acted quickly to take precautions in restricting visitation at nursing homes, rest homes, and ALRs to protect resident safety and mitigate the spread of COVID-19. As the Commonwealth proceeded with a phased reopening, visitation restrictions were updated in June to allow for outdoor visitation with guidance on how these visits could safely occur. Nursing homes and rest homes may resume in-person visits so long as appropriate infection control and safety measures are in place, including: • Indoor visits should occur within a designated visitation space that is close to the entrance of the facility and allows for social distancing • The visitor must be screened for COVID-19 symptoms and have their temperature checked • Residents, staff, and visitors must wear a mask or face covering for the duration of the visit • The visitor must remain at least 6 feet away from the resident for the majority of the visit • If desired by both parties, there may be physical contact between the resident and visitor so long as precautionary measures are followed such as hand sanitation before and after contact • A schedule is implemented for frequent disinfection of the designated visitation space • The unit, floor, or care area where the resident lives must not have any COVID-19 cases in residents or staff in the past 14 days and the facility is not experiencing a staffing shortage that requires a contingency staffing plan 10 ALRs were previously able to resume indoor, in-unit visitation, and may now also resume indoor visitation in a designated shared space such as a waiting room near the entrance of the residence. ALRs are subject to the same appropriate infection control and safety measures described above, except for the requirement that there are no COVID-19 cases in the past 14 days. CareOne Lexington: • Total#of positive resident cases (cumulative, including fatalities): 75 • Total#of suspect or confirmed fatalities (included in the number above): 24 • Current resident census (as of 11/4/20): 121— 1 of 4 units has been designated as a quarantine unit(21 current patients) • Staff- 35 staff have tested(+) and completed their isolation period • No current staffing needs; no critical PPE needs • CareOne is quarantining all new admissions and testing these residents on day 3 post- admission and again between days 10 and 14 post-admission • CareOne is currently set up for indoor visitation with the appropriate infection control measures in place. Pine Knoll: • Total#of positive resident cases (cumulative, including fatalities): 52 • Total#of fatalities (included in the number above): 16 • Current resident census (as of 11/2/20): 72—there is 0 resident currently in quarantine • Staff-At this time there have been 20 staff test(+) out of total of approximately 85 total staff; 1non-clinical staff member is isolating at home • Pine Knoll retested 100% of their staff and residents on 10/27/20 and 10/28/20 • Pine Knoll has nearly 2 months' supply of PPE on hand and recently created a new PPE storage area in their facility Brookhaven: • Total#of positive resident cases (cumulative, including fatalities): 11 • Total#of fatalities (included in the number above): 3 11 • Current resident census (as of 10/27/20): 405 - across Skilled Nursing(11),Assisted Care (35) and Independent Living(359) • Staff- 17 staff have tested (+); all but 1 staff have completed their isolation periods at this time • In August, Brookhaven removed 37 Skilled Nursing beds permanently, (previously 49 total beds, now 12 total SNF beds) and increased total Assisted Care units from 19 units to 49 units Youville Place: • Total#of positive resident cases (cumulative, including fatalities): 21 • Total#of fatalities (included in the number above): 1 • Current resident census (as of 11/5/20): 80 - across traditional assisted living(56) and a memory care unit(24) • Staff- 11 staff have tested(+) of 61 staff; Youville is currently seeking more dietary/wait staff • Youville is currently seeking more dietary/wait staff Artis Senior Living: • Total#of positive resident cases (cumulative, including fatalities): 0 • Total#of fatalities (included in the number above): 0 • Current resident census (as of 11/2/20): 31 (utilizing 2 of 4 units—Artis is exclusively `memory care') • Staff-4 staff have tested negative as a result of community or household exposures 12 XT The Commonwealth of Massachusetts w Executive Office of Health and Human Services = � d Department of Public Health MARYLOU SUDDERS Secretary Bureau of Health Care Safetyand QualityMONICA BHAREL MD MPH , 67 Forest Street, Marlborough, MA 01752 Commissioner CHARLES D.BAKER Tel:617-624-6000 Governor www.mass.gov/dph KARYN E.POLITO Lieutenant Governor Memorandum TO: Long-Term Care Facilities FROM: Elizabeth Daake Kelley,MPH,MBA,Director Bureau of Health Care Safety and Quality SUBJECT: September Update to Caring for Long-Term Care Residents during the COVID-19 Emergency DATE: September 15,2020 The Massachusetts Department of Public Health(DPH)recognizes that providing care for individuals seeking treatment for Coronavirus Disease 2019(COVID-19)may prove to be especially challenging for health care practitioners and facilities. As part of ongoing statewide preparations and to address the increase in COVID-19 cases,DPH is issuing this memorandum to long-term care facilities with recommendations for admitting residents and caring for residents with presumed or confirmed COVID-19 to help mitigate the spread of COVID-19.This update replaces the July 30 version and now includes a revised personal protective equipment chart in Appendix A. All rest homes and nursing homes must be prepared to care for COVID-19 positive residents.Residents infected with COVID-19 may vary in severity from lack of symptoms to mild or severe symptoms. Symptoms may be mild and not require transfer to a hospital. All facilities are expected to follow the infection prevention and control practices recommended by DPH and the Centers for Disease Control and Prevention(CDC). The following recommendations are consistent with Centers for Medicare and Medicaid Services(CMS)guidance released on April 2,2020,which can be found here: h.11 s-//www.cms Gov/files/docu ent/4.2 0 covid 19,....,long ter . s . care.::::::.::..aci..:...:i.t ,.:.q ace. Screening of All Individuals Long-term care facilities should be screening all individuals entering the facility,including healthcare personnel and visitors, for symptoms on a daily basis.In accordance with previously issued guidance,every individual regardless of reason for entering a long-term care facility should be asked about COVID-19 symptoms and must also have their temperature checked by another individual. Long-term care facility personnel must be screened for symptoms at the beginning of every shift.If long-term care facility personnel were screened at the beginning of their shift and must then leave the facility and return during that shift,the long-term care facility personnel do not need to be rescreened upon re-entry to the facility. Residents should be asked about COVID-19 symptoms and must have their temperatures checked a minimum of two times per day. Use of Personal Protective Equipment(PPE) Long-term care facilities should ensure all staff are using appropriate PPE when they are interacting with residents, to the extent PPE is available and in alignment with DPH and CDC guidance on conservation of PPE.All long-term care facility personnel should wear a facemask while they are in the facility. 13 Full PPE,I N95 respirator or,if not available, facemask,eye protection,gloves and gown, should be worn per DPH and CDC guidelines for the care of any resident with known or suspected COVID-19 per CDC guidance on conservation of PPE.If any residents admitted for longer than fourteen days or staff are confirmed to be COVID-19 positive within the past fourteen days,healthcare personnel should wear additional PPE for the care of all residents, except COVID-19 recovered residents.Appendix A provides PPE guidance,based upon the resident's COVID-19 status. When possible,all long-term care facility residents,whether they have COVID-19 symptoms or not,should cover their noses and mouths any time they leave their room and when they are in their room and staff are present. Such face coverings can include cloth and non-medical masks. Staffin DPH requires long-term care facilities to implement the following staffing recommendations to mitigate the risk of transmission within facilities. • Ensure all staff can recognize the signs and symptoms of COVID-19 and that a procedure is in place for alerting the nurse responsible for the resident's care. • Create separate staffing teams that are dedicated for residents that are COVID-19-positive. • Exercise consistent assignments of staff to residents regardless of symptoms or COVID-19 status.This practice can help with detection of emerging condition changes. • As much as possible, staff should not work across units or floors. • Minimize the number of staff caring for each resident. • Limit staff s onsite work to only one facility,whenever possible. Separation of COVID-19 Positive Residents Long-term care facilities must separate residents who are COVID-19 positive from residents who do not have COVID-19 or who have an unknown COVID-19 status. Whenever possible,long-term care facilities must establish a separate,dedicated wing or unit(hereafter"dedicated space")within the facility to care for COVID-19 positive residents.Facilities with dedicated COVID-19 space must be capable of maintaining strict infection control practices and testing protocols.Facilities must make every effort to have separate staffing teams for COVID-19-positive and COVID-19-negative residents When possible,a long-term care facility should establish designated space,such as a room at the end of a unit or hallway or a dedicated unit or wing within the facility to care for recovered residents who tested positive for COVID-19,cared for in the dedicated space for fourteen days and are no longer exhibiting any symptoms of COVID-19. Staff are no longer required to use full PPE,only facemasks,when caring for such recovered residents. Updated Admissions When a long-term care facility resident is transferred from a long-term care facility to a hospital for evaluation of any condition,including but not limited to,COVID-19 care,each long-term care facility must accept the resident's return to the facility when the resident no longer requires hospital level of care. Long-term care facilities shall not condition admission or return to the facility on COVID-19 testing or COVID-19 test results.If a test is not performed before hospital discharge,the long-term care facility should test the resident upon admission,if a test is available. Awaiting the test results should not delay an individual's discharge from the hospital to the long-term care facility. Newly admitted or readmitted residents to a long-term care facility should be quarantined in a private room or dedicated quarantine space and monitored for symptoms of COVID-19 for fourteen days after admission to the 14 facility and should be cared for using all recommended COVID-19 PPE.If a resident receives a positive COVID-19 test result during the fourteen days of quarantine,the resident should be moved to a dedicated COVID-19 space. Residents who are readmitted after less than 24 hours in a hospital do not need to be quarantined upon return. Nursing Homes with Dedicated COVID-19 Space Whenever possible,hospitalized patients who are confirmed to be infected with COVID-19 and require skilled nursing level of care should be admitted to a facility with a dedicated COVID-19 space. DPH continues to work with state,federal and local partners on the outbreak of novel Coronavirus 2019(COVID- 19),caused by the virus SARS-CoV-2,and we continue to appreciate the essential role you have in responding to this evolving situation. DPH strongly encourages all nursing homes in Massachusetts to monitor the Centers for Medicare&Medicaid Services(CMS)website and the Centers for Disease Control and Prevention(CDC)website for up-to-date information and resources: • CMS website:htt s://w ov/ bout CMS enc Infor ation./E er Senc CEP /Current E. er�e .c es/Current,....,E. .er • CDC website: s/index.html Additionally,please visit DPH's website that provides up-to-date information on COVID-19 in Massachusetts: htt s-.// ... ........ass. / �. c na i s. 15 Appendix A Personal Protective Equipment Used When Providing Care to Residents in Long Term Care*** Resident Type Recommended PPE COVID e timV si ent When there are Full PPE to include Facemask,Face Shield/Goggles, resident"or staff case(s)identified within the last Gown and Gloves.Gown use can be prioritized for 14 days in the facility. high-contact resident care activities'.Gown and gloves must be changed between residents. COVIDe ati e*Residents When no resident" Facemask and Face Shield/Goggles or staff cases are identified within the last 14 days in the facility. COVIDe overe Residents(meet 14d/24h Facemasks only threshold clearance) COVID Positive Residents Full PPE to include N95 respirator or alternative (Facemask is acceptable if N95 respirator not available),Face Shield/Goggles,Gown and Gloves. Gown and gloves do not need be changed between residents. Quarantined or Suspected-Residents Full PPE to include N95 respirator or alternative (Facemask is acceptable if N95 respirator not (i.e.New admission or exposed to a confirmed available or if resident not known to have exposure to COVID case,symptomatic individual with test a confirmed COVID case),Face Shield/Goggles, result pending) Gown and Gloves.Gown and gloves must be changed between residents. *"Negative"refers to a resident who has never tested positive. **"Resident case"means a case that was acquired in the facility(i.e.not within 14 days of admission) ***Individuals infected or co-infected with a communicable disease(such as Clostridioides difficile)should be cared for using appropriate PPE,changed between residents. ' s®//www.cdc. ov/coronavirs/ 19 ncovfhcp/long ter care.ht 1 16 Prioritizing gowns for activities where splashes and sprays are anticipated(including aerosol-generating procedures) and high-contact resident care activities that provide opportunities for transfer of pathogens to hands and clothing of HCP,is recommended. CDC provides these examples of high-contact resident care activities: • Dressing • Bathing/showering • Transferring • Providing hygiene • Changing linens • Changing briefs or assisting with toileting • Device care or use: central line,urinary catheter,feeding tube,tracheostomy/ventilator • Wound care: any skin opening requiring a dressing . i;� :.tt S:// .cdc. ov/ ai/con .tain. ent/Pp�,,...., rsin I....... o es.�t l 17 Executive Office of Health and Human Services Z w Department of Public Health a Bureau of Health Care Safety and Quality MARYLOU SUDDERS e 67 Forest Street, Marlborough, MA 01752 Secretary w MONICA BHAREL,MD,MPH cif v`� Commissioner b,9� Sv0 Tel:617-624-6000 CHARLES D.BAKER www.mass.gov/dph Governor KARYN E.POLITO Lieutenant Governor Memorandum TO: Nursing Home and Rest Home Administrators FROM: Elizabeth D.Kelley,MPH,MBA,Director Bureau of Health Care Safety and Quality SUBJECT: Updates to Visitation Conditions,Communal Dining and Congregate Activities in Long-Term Care Facilities during the COVID-19 Outbreak DATE: September 14,2020 The Massachusetts Department of Public Health(DPH)continues to work with state, federal and local partners on the outbreak of Coronavirus Disease 2019(COVID-19),caused by the virus SARS-CoV-2,and we continue to appreciate the essential role you have in responding to this evolving situation. This memorandum replaces the memorandum issued on August 17,2020 and is effective as of September 25,2020. This updated memorandum provides indoor visitation conditions. The implementation of this guidance is contingent on Massachusetts meeting a range of public health metrics s:I ov/nfi details/reo e n assac usetts Ongoing performance on these measures will inform additional reopening decisions. Limitations on Long-Term Care Visitation: Long-term care facilities may allow visits with residents to occur,provided that the social distancing and protection requirements described in detail below are followed.As much as possible,long-term care facilities should continue to use alternative electronic methods for virtual communication between residents and visitors,such as Skype, FaceTime,WhatsApp or Google Duo. In-Person Visitation: A long-term care facility may allow in-person visitation in a designated visitation space,provided that the long-term care facility implements all of the following safety,care,and infection control measures and policies: • A resident who is suspected or confirmed to be infected with COVID-19 cannot participate in a visitation. A resident may be visited if: the resident has recovered from COVID-19;or the resident is currently quarantined after a recent hospital stay and is not suspected or confirmed to be infected with COVID-19,or the resident is not quarantined and has never tested positive for COVID-19. • Prior to transporting a resident to the designated visitation space,the long-term care facility must screen the visitor for COVID-19 symptoms and check their temperature.Any individuals with symptoms of COVID- 19 infection(fever equal to or greater than 100.0 F,cough, shortness of breath,sore throat,myalgia,chills or new onset of loss of taste or smell)will not be permitted to visit with a resident. • Transport of a resident to and from the designated visitation space must be safe and orderly. At a minimum,safe transport means that the resident cannot be transported through any space designated as 18 COVID-19 care space or space where residents suspected or confirmed to be infected with COVID-19 are present.If health care personnel(HCP)expect to provide direct care to residents while transporting the resident or monitoring the visitation,HCP should wear appropriate PPE. • The long-term care facility is not under a contingency staffing plan. • A visitor must remain at least 6 feet from the resident and attending staff member(s)for the majority of the visit. • Brief physical contact may be allowed if desired by both the resident and visitor.In order to reduce risk of transmission,individuals must: o Use alcohol-based hand sanitizer with at least 60%alcohol before and after contact; o Hug with faces in opposite directions;and o Limit the duration of close physical contact and avoid close face-to-face contact even when face masks are used. • Staff,residents and visitors must wear a face mask for the duration of the visit. • The long-term care facility must implement a schedule for frequent cleaning and disinfection of the designated visitation space,including cleaning high-touch surfaces using an appropriate EPA-registered disinfectant. Any individual who enters the long-term care facility and develops signs and symptoms of COVID-19 such as fever, cough,shortness of breath,sore throat,myalgia,chills,or new onset loss of smell or taste within 2 days after exiting the long-term care facility or designated outdoor space must immediately notify the long-term care facility of the date they were in the facility,the individuals they were in contact with,and the locations within the facility they visited.Long-term care facilities should immediately screen the individuals who had contact with the visitor for the level of exposure and follow up with the facility's medical director or resident's care provider. Whether or not a resident has visitors should not impact their access to fresh air and time outdoors. Long-term care facilities are encouraged to offer residents time outdoors provided that the physical distancing and protection requirements described in detail above are followed. A long-term care facility may limit: • The length of any visit,however,residents must be offered the opportunity to visit for no fewer than 30 minutes; • The days on which visits will be permitted,provided that visits are offered on no fewer than five days of the week and one of the days must be on a weekend day; • The hours during a day when visits will be permitted,provided that at least one day per week visits are offered outside of standard business hours; • The number of times during a day or week a resident may be visited;and • The number of visits occurring at the facility on a given day and may require visits to be scheduled in advance. Designated Outdoor Visitation Space: In addition to the in-person visitation conditions described above,the long-term care facility must: • Ensure visits with a resident occur in a designated outdoor space;outdoor visits will be dependent on permissible weather conditions, availability of outdoor space,and the health and well-being of the resident. • A long-term care facility staff member trained in such patient safety and infection control measures must remain immediately available to the resident at all times during the visit. Designated Indoor Visitation Space: In addition to the in-person visitation conditions described above,the long-term care facility must: • Identify a designated space for visitation that is as close to the entrance as possible where visits can be socially distanced from other residents and minimize visitor impact in the facility. • Ensure that ventilation systems operate properly,have been serviced in accordance with manufacturer recommendations and increase circulation of outdoor air as much as possible. • Avoid visitation in resident rooms. 19 • A long-term care facility staff member trained in such patient safety and infection control measures must perform frequent safety checks with the resident during the visit. • The unit,floor or care area where the resident lives must not have any confirmed or suspected COVID-19 cases in residents or staff in the past 14 days;however,notwithstanding this condition,if a facility determines that a confirmed or suspected case within the facility presents a risk for all units,the facility in its discretion may suspend indoor visitation. Please note that if community transmission rates become high,DPH may amend the above visitation conditions. Compassionate Care Visitation: For compassionate care situations,including but not limited to an end-of-life situation,long-term care facilities must limit visitors in the facility to a specific room: either the resident's room,if the resident has a private room,or another location designated by the facility.Long-term care facilities must require visitors to perform hand hygiene. Decisions about visitation during an end-of-life situation should be made on a case-by-case basis,which should include careful screening of the visitor(including clergy,bereavement counselors,etc.)for any symptoms of COVID-19 and temperature checks.Individuals with symptoms of a respiratory infection(fever,cough,shortness of breath,sore throat,myalgia,chills or new onset of loss of taste or smell)should not be permitted to enter the long- term care facility at any time. For visits to those who are in end-of-life situations,visitors should be allowed a time limited visit and be given a face mask if they do not have a face mask. For those visitors who are permitted to visit in compassionate care situations,the visitors must be restricted to the resident's room or other location designated by the facility. Exceptions to Visitor Limitations: Health care personnel: Long-term care facilities should follow CDC guidelines for the management of health care personnel who may have been exposed to COVID-19 which can be found at.h.tt....s//w .. c.. gv/coronavirus/20 1 9 . . firhip/gudace,....,�....,asseset,....,hc .lml The nursing home or rest home must confirm that health care personnel do not have any signs or symptoms of COVID such as a cough,shortness of breath,or sore throat,myalgia,chills,or new onset loss of smell or taste and a fever by taking each healthcare personnel's temperature upon arrival. The health care worker's temperature must be below 100.0°F for him or her to enter the facility and provide care. Screening and temperature checks also apply to other health care personnel,including,but not limited to,hospice workers,dialysis technicians,nurse aides,nursing or other students in clinical training,dentists,podiatrists, psychiatrists,physical therapists, or Emergency Medical Service(EMS)personnel in non-emergency situations that provide care to residents. All health care personnel are permitted to come into the facility as long as they meet the CDC guidelines for health care personnel. In emergency situations,EMS personnel should be permitted to go directly to the resident without undergoing screening or temperature checks. Parents and Guardians: Indoor visitation is permitted for parents and guardians of residents who are 22 years old and younger and outdoor visitation is not appropriate.Parents and guardians of residents must be screened and have their temperature checked upon entry into the facility and must wear a face mask at all times while in the facility. Family Education: Long-term care facilities may allow family members or caregivers to participate in discharge education and training in order to safely learn how to care for their loved one at home. A family member or caregiver must be screened and have their temperature checked upon entry into the facility and must wear a face mask at all times while in the facility. Discharge education and training should include only necessary participants who must remain at least 6 feet apart when not engaging in activities such as demonstrating resident transfers. Dining and Group Activities: 20 Long-term care facilities may provide outdoor entertainment and activities on the ground of the facility if the facility meets the following conditions: • The long-term care facility has adequate supplies of personal protective equipment and essential cleaning and disinfection supplies to care for residents; • The long-term care facility is not under a contingency staffing plan; • Only residents who have fully recovered from COVID-19,those residents not in isolation for suspected or confirmed COVID-19 status,and those residents not currently quarantined due to exposure or new admission can participate in the outdoor group activities; • Participating residents must remain at least 6 feet apart. Long-term care facilities may introduce communal dining if the facility meets the following conditions: • The long-term care facility has adequate supplies of personal protective equipment and essential cleaning and disinfection supplies to care for residents; • The long-term care facility is not under a contingency staffing plan; • The number of residents at each table must be limited with residents spaced at least 6 feet apart;and • Only residents who have fully recovered from COVID-19,those residents not in isolation for suspected or confirmed COVID-19 status, ,and those residents not currently quarantined due to exposure or new admission can participate in communal dining. Long-term care facilities may utilize indoor exercise or gym space for the purposes of physical,occupational or other clinically indicated therapy if the facility meets the following conditions: • The long-term care facility has adequate supplies of personal protective equipment and essential cleaning and disinfection supplies to care for residents; • The long-term care facility is not under a contingency staffing plan; • Residents must be spaced at least 6 feet apart; • The long-term care facility has implemented procedures for cleaning and disinfecting the space and equipment in between each resident's use; and • Only residents who have fully recovered from COVID-19,are in quarantine due to being a new admission, and those residents not in isolation for suspected or confirmed COVID-19 status can participate in clinically indicated therapy. When using indoor exercise space in the long-term care facility,facilities must follow the same safety standards and checklists for fitness centers and health clubs,including but not limited to,maintaining social distancing between residents,hygiene protocols,staffing and operations,and cleaning and disinfection.The guidance may be found here: htt s:// ov/nfo etai.Is/reo e assac usetts Ombudsman Program and Legal Representation: Residents have the right to access the Ombudsman program and to consult with their legal counsel.When in-person access is not available due to infection control concerns,facilities must facilitate resident communication(by phone or another format). DPH strongly encourages all long-term care facilities in Massachusetts to monitor the CMS and CDC website for up-to-date information and resources: • CMS website: . /CurrentE e ,...., .:.............. envies/Current,...., erencies,...., a e • CDC website: p..m.//ww:wg_ ..... ov/coronavirus/ o 19 ncov/healthcare facilities/index.html Additionally,please visit DPH's website that provides up-to-date information on COVID-19 in Massachusetts: htt s:// ass® / c r virus. 21 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Nest Steps for Social Racial Equity Initiatives PRESENTER: ITEM NUMBER: Jill Hai, Select Board Member& Jim Malloy, Town Manager L2 SUMMARY: A verbal update will be provided at the Select Board meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2020 6:1 Opm AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Minuteman Regional Vocational Technical High School Athletic Fields PRESENTER: ITEM Dr. Ed Bouquillon, Supt. Minuteman NUMBER: Regional High School& Judy Crocker, MRVT School Committee I.3 Rep. SUMMARY: The field project they are looking to do is in addition to the$145 million high school project. It's a$1.9 million field project. The Minuteman School Committee will be asked to vote on the project on 11/17 to issue the debt. The only action Lexington would need to consider is if the Board wanted to call a Special Town Meeting(has to be within 60 days of the Minute Man School Committee vote or 1/17/21)to consider not approving the debt service(requires 2/3 vote). Lexington's share of the debt starts out just under$36K per year and drops down to about$30K(over 10 years). As part of the project our Recreation programs would have access to the fields. SUGGESTED MOTION: No vote is required by the Board unless the Board chooses to call a Special Town Meeting to consider voting against the field project. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2020 6:15pm ATTACHMENTS: Description Type Minuteman Athletic Fields Lighting Project Project Purpose:The purpose of the project is to provide state of the art synthetic fields and related facilities that will accommodate hours of use beyond the needs of the Minuteman High School, its partners, and member towns. Minuteman Regional Vocational Technical School District has been able to leverage the current construction project to enhance the development of athletic and sports recreational facilities beyond the of an MSBA-District school building only project. Project:To construct three (3) new athletic artificial turf fields.This cost is estimated at$5.9M and has been approved by the School Committee (June 2020). Favorable bids and low borrowing costs have afforded the Committee the opportunity to add lighting to the based bid of three athletic fields. The additional borrowing($1.9M)will provide the funds needed to light all three fields, add a competitive field and track around the larger stadium (football)field, purchase related equipment and provide fencing around the entire complex.These additional components of the project will add hours to the utilization and rental opportunities that are clearly needed in this area.These revenues will offset the costs of maintaining and paying for the fields. Status:The Minuteman School Building Committee has approved a "Full Build" plan that was developed starting in January 2014 with Kaestle Boos Architects (KBA).This is fully permitted in both Lincoln and Lexington as of 2019.This will provide Minuteman High School with 3 fields to accommodate the needs of the Minuteman High School, its partners and member towns. • Projected Costs:The equivalent cost of this reduced scope project (without the purchase of land)would be estimated to cost$7.9M.The Minuteman MSBA project budget already includes the demolition of the current school building and remediation of the site, as well as the grading, fill and installation of infrastructure that will support enhanced facilities, noted as the"Full Build" on the plans provided. • The completion of the project(Phase 1) is estimated to be Fall 2021 • Drivers:The 95/128 Metro West region is in need of additional recreational spaces and there are none available that can provide the number of hours of this lighted facility can provide. • Benefits:The project addresses all drivers mentioned above and creates an opportunity for generating revenue by providing a desirable campus for district and state games and meets. Improves visibility for student athletes and their families since soccer and football would be able to access an artificial turf field for evening games.A larger part of campus becomes ADA accessible and fan experience is improved in all venues. Safety concerns can be addressed on all fields and decrease risk of injury. Games and events will be able to happen simultaneously so that student athletes will have time to get home for rest and homework and family time. Students in all spring and fall outdoor sports (except golf) are able to remain on campus after to school to participate in sports. 0 0 o a1 a1 a1 a1 O1 a1 00 0 00 00 `O `O `O Qn kn kn oo O m `O N `O M a1 kn r--+ 00 00 r- 00 oo kn kn O kn C1 a1 m o0 •� O\ �n �n � � M N N � .-� O kr: M M M M M M M M M M 00 to M O oo to M O oo kn c M r-4 kn 00 N `O O M � O M O1 `O N 00 V) 00 O v Q\ M M M N N N- M N o0 M o0 M o0 M (7) 7t (7) in oo N kn O1 N �10 a1 M 11C w M N N O O O1 00 00 r- Q � p o 00 kn M O o0 kn N O 4, O • '--I r--1 r--1 r--1 r--I e--I r--1 e--1 r--I e--I C� 00 0o O1 (01 O o0 `O zt y p O oo r- ICV) M o oo r- � r- � r- � � � `o Mao O � M N O \ M o0 M o0 M o0 M o0 a1 00 `O V) M N O � � M O 00 O �n 00 oo Vn M O V) N \° oo kn N oo kn (-A a1 kn N a1 O1 00 ir ir o � � c� y O � � O O 01 ° raa� O O O O O O O O O O •F* M4 O) a1 01 Mao a� .,o w � N N N N N N N N N M M MINUTEMAN REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT, MASSACHUSETTS BORROWING FOR ADDITIONAL COSTS OF ATHLETIC FIELDS COMPLEX VOTED: That the Minuteman Regional Vocational Technical School District(the "District") hereby appropriates the sum of One Million Nine Hundred Thousand Dollars ($1,900,000)to pay additional costs of completing the athletic fields complex, including, but not limited to, costs of constructing turf fields, costs of field lighting, site work and the payment of all other costs incidental and related thereto, said sum to be expended at the direction of the School Building Committee, and to meet this appropriation there is hereby authorized, under and pursuant to G. L. c. 71, §16(d) and the District Agreement, as amended, and any other enabling authority, the incurring of debt on the full faith and credit of the District in the amount of One Million Nine Hundred Thousand Dollars ($1,900,000). Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with G.L. c. 44, §20, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. FURTHER VOTED: That within seven (7) days from the date on which this vote is adopted the Secretary be and hereby is instructed to notify the Board of Selectmen of each of the member towns of this District as to the amount and general purposes of the debt herein authorized, as required by Chapter 71, Section 16(d), of the General Laws, and by the District Agreement." 83896691v.1 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Special Town Meetings 2020-2 and 2020-3 PRESENTER: ITEM NUMBER: Board Discussion 1.4 SUMMARY: Special Town Meetings 2020-2 and 2020-3 Article Positions/Discussion and Review Select Board Report for S T M 2020-2 Article I SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2020 6:30pm ATTACHMENTS: Description Type D 2020 S"I'M 2 3 Positions(.1-mil 1.3a,ckup Material D 202,01 2 and.2020 3(.../PC ai-renided.report Backup]VIlaterial DRA IF"I.......S71IN11 2020 2 Ailicle,1.Select.R.)ard R.(.,1j,,-)oi-t.1.1 6 0 Red lin.cld D v,ers ion 13acktip Vll.alenal D Revised Motion for S'11FM 2020 2A,f1J(.',1.1e 16:flartwellAvem.u.., Redlined. fkick.up Matenal. Version rl A U w............. FBI N N N N � O O O O O � � N N O O O O N N N N N bA o � ct o U u p CIO ^N U• '4--a F-•1 �O O ct . I`Illlllllllllllld' �� Q� � rr ll � � x -cot ct ct p,........ O U CIS CA cn ctct cn Ct U U Ct Qcn cz ct cn ct u ct ct cn rq H Nct Ct cn O , , bA bA bA bA bA O Ct o p a o o ct o o 0 0 0 0 0 0 0 ,u a N N ., •� N N N N N N N N 4-4 ct En una • • Op.0 • • • • • • • U •POO • ® • • • • 0 � o ti A N v � w � 0 w •o ct U w a � U .t 4-4U cn c� P� U cn U ct ct ct o �° � � o W •� W w o � �i � O � •ri U N � '� M � oW N � O � N � [--� v . r s Town of L Communi*ty reservation Commi*ttee Report to 2020�3 Speci*al Meeti*n Article 7: Community Preservation Committee, Community Preservation Act Projects Submitted by: Marilyn Fenollosa, Chair Charles Hornig, Vice Chair David Horton Jeanne Krieger David Langseth Joe Pato Robert Pressman Lisah Rhodes Melinda Walker Gina Federico, Admin. Assistant Approved October 13, 2020 Amended November S, 2020 ARTICLE 7 Project: Conservation Land Acquisition-39 Highland Avenue CPA Category: Open Space Amount Requested: $395609000 Amount Recommended: $395609000 CPC Vote: (9-0) Project Description: This FY21 request for CPA funds is for the acquisition and preservation of approximately 4.48 acres of environmentally sensitive open space located at 39 Highland Avenue (Map 40, Lot 233) adjacent to existing conservation land within the Town of Lexington. The property is largely forested upland with a maple and oak canopy, with a fringe of wetlands abutting the parcel at the end of Sherburne Road acquired last year. The acquisition will add an additional 41/2 acres to the Town's inventory of conservation land and enlarge the wildlife corridor that currently stretches from Hayden Woods and Dunback Meadow south of Marrett Road up to the Upper Vine Brook- Cotton Farm north of Marrett Road, and would protect the headwaters of the Vine Brook, an important Lexington stream. Most important, it would preserve and make available to the public a large area of forested open space that would otherwise likely be the site of a six-lot residential development. The agreed purchase price for the parcel of land is $3,500,000. An additional $60,000 is requested in ancillary costs including legal, survey, land management and environmental assessment fees. Section 12 of the CPA statute requires that property acquired with CPA funds be bound by a permanent restriction. Part of the ancillary funds will be used to draft and record legal documentation,prepare a baseline mapping and documentation report, and pay a non-profit organization to hold, monitor, and enforce the required conservation restriction. Conservation restrictions, approved by the applicable municipality and the State Executive Office of Energy and Environmental Affairs and recorded with the Registry of Deeds, ensure that the protected land will remain open and undeveloped in perpetuity. Project Goals and Objectives: • To preserve 41/2 acres of forested upland, expanding upon recently acquired valuable open space and providing an important link to adjacent conservation lands as well as to other large tracts of open space; • Add to existing conservation areas and improve greenway corridor connections; and • Provide for climate resiliency through the protection of forested upland and wetland buffer open space. Project Benefit: This request will permanently preserve and protect valuable open space adjacent to existing conservation land within the Town of Lexington. It will provide for protection of wildlife habitat, flood storage areas, wetland resource areas and provide for passive recreation. The acquisition will also provide for environmental educational opportunities as well as adding to existing conservation areas and improve greenway corridor connections. Funding Request: The FY21 funding request is $3,560,000. Of this amount $2,560,000 is proposed to be funded with CPF cash and$1,000,000 in CPF debt. .......................... .......................... Ashley Property, HighlandAvenue Connectivity Map li @. Iw I�„ Ij ,;I. f Y ,�r iii/j/'/, N,W _ "'I.1 J' µ j II II a. up I II I iii�ji � f� �„<,,, / /// I iiiiijj �h Lexington C hildren"s I� II I e P comi'mmity II III II I Center II II W. IY II jj III SIN ovv ro lu VI it 11 ::.� j/ 3 '>:" r///,� j rf�r�r�ryrr;r�r�r<r��rwrww( m ! ,Clarke Middle herburne Road South&Kendall Road Sch 0 0 1 AsNay_Parcefll Lew n 4va ;01�7 fnglo -Con wbon Atlilet�c FiOds ACROSS Lexinoon ,INN Lexi n9ton-Racroation mdVor Schod egicy Traill Lexi n9loo-Othei M unkipat APPROPRIATED TO DATE (by category as of October 1, 2020) CATEGORY COMMUNITY HOUSING $1115741512 HISTORIC RESOURCES $33.,702,.301 OPEN SPACE $15.,196,.266 RECREATIONAL RESOURCES $16,242,898 TOTAL $76.9715,p977 ADMINISTRATIVE EXPENSES 1 950 000 TOTAL APPROPRIATIONS TO DATE $78.v665,?977 AVAILABLE FOR APPROPRIATIONSPECIAL TOWN MEETING, OCTOBER COMMUNITYAVAILABLE BALANCES I HISTORICC RESERVE $38,499 RESERVEOPEN SPACE UNBUDGETED RESERVE $8031294 UNDESIGNATED FUND BALANCE $3,2614,540 TOTAL $6,195,912 SELECT BOARD TOWN OF LEXINGTON n� w 1 Imo;. i Vph �r 0 ;1 0g �� All APRIL19" REPORT TO THE 2020-2 SPECIAL TOWN MEETING November 2020 Select Board: Douglas M.Lucente,Chair,Jill I.Hai,Vice-Chair, Joseph N.Pato,Suzanne E.Barry,Mark D.Sandeen Kim Katzenback,Executive Clerk November 2020 The Select Board has prepared this written report to Special Town Meeting 2020-2 under Article 1. This report contains an update to Town Meeting on the status of Article 14- Appropriate for Police Station Rebuild-Design that was adopted by Town Meeting at Annual Town Meeting 2018,Article 16a-Police Outdoor/Indoor Firing Range-Hartwell Ave that was indefinitely postponed by Town Meeting at Annual Town Meeting 2020 this past June,and the Town's Social Racial Equity Initiatives. Article 14 ATM 2018-Appropriate for Police Station Rebuild-Design At ATM 2018 Town Meeting approved an appropriation of $1,862,622 for design, engineering and architectural services for the reconstruction and expansion of the Police Station.Since that time the project design firm,Tecton Architects, �Iete�d the Police Deleted:worked closely on Station- ltaion Schematic Design (SD) i n.consut -with the Department of Public Facilities staff,the Police Department staff,and the following boards and committees:Permanent Building Committee, Historic District Commission, Design Advisory Committee., Sustainable Lexington Committee,and Select Board.The SD phase is now complete,and the hazardous materials investigations have started.To date,,the total amount spent on the police station design is approximately$531,000. In October a majority of the Select Board supported delaying further funding and pausing any further design work (Design Development (DD) and Construction Development (CD)phases)on the police station project until a point in time that the community could 'Partici a e i. comprehensive .,.,conversations about the future of policing and its Deleted:�have........� relationship to this facility. While all the members of the Select Board believe that the police station building needs to be replaced,the recent and ongoing atrocities around the country against people of color, particularly those in the Black community have prompted the Select Board and the Town as a whole to seek ways to engage the larger Lexington community in these comprehensive conversations.The work involved to have meaningful conversations must be done over the course of several months. The Select Board wants to ensure that transparent information is provided to the community about the current type and level of police services that the Town provides, staffing for those services, and the training re ire e s for our public safety staff. Further, the Select Board is Deleted:wants provide_.....� committed to ailo ample opportunities for residents to ask questions about policing Deleted:y W -and for the Town to provide comprehensive responses. Additionally,a majority of the Select Board expressed concern over the current state of the pandemic and the uncertainty about the economic outlook over the next year. A successful debt exclusion override,, on an important building project of this scale,must have the support of the larger community. Based on these decisions,the police station project will not be coming to Town Meeting for funding at ATM 2021,since we will not have sufficient design and cost estimates to move the project forward. Article 16a ATM 2020-Police Outdoor/Indoor Firing Range-Hartwell Ave At ATM in June of 2020 Town Meeting initially supported an appropriation of$125,000 for the schematic design for an Outdoor/Indoor Firing Range on Hartwell Ave. The spending of this appropriation was subject to and contingent upon the receipt of either a Criminal Justice Training Council grant or other grant and the development of a business plan that was acceptable to the Select Board.In the context of a national reckoning with racial injustice in policing, the Select Board subsequently asked Town Meeting to reconsider that appropriation and committed to delay further funding of this project until we could hold community conversations on policing in Lexington, and begin the examination of public safety policies,procedures and practices. No further action has been taken on the Police Outdoor/Indoor Firing Range project pending the community discussions. Social Racial Equity Initiatives Since Annual Town Meeting 2020-Linjune,the Select Board has taken on the following actions to promote civil discourse and begin the meaningful work to examine our policies,procedures and practices as they relate to Deleted:public safety • Agreed to begin a comprehensive examination of racial equity and social justice status and opportunities. • joined both the Government Alliance on Race and Equity (GARS) and the National League of Cities (NLC)s in order to take advantage of their collective Racial Equity resources. • Applied for the Metropolitan Area Planning Council (MAPC) Racial Equity Municipal Action Plan(REMAP)Program grant. 0 Added a standin Racial and Social Equity update item to ever. re ular eeti Deleted:regular agenda. Deleted:every • Held a panel discussion on policing, moderated by a Diversity, Equity and p�eleted�-ln septem�ber,we held Inclusion consultant from Equity and Expectations jiRn.5Se to er.The virtual event was attended by over 200 residents and was broadcast live on LexMedia. There were over 80 questions received and answered on the topic The questions and answers will be published on the Town website. Commented[KKI]:Comment Made: Can we get the Q&A's published before the report goes live?Then I • Authorized the Town Manager to sign a long-term contract with All Aces,Inc.jin would suggest that this sentence be changed to—The questions and OctobeL_jfte����� ��4,11 Aces will serve as our Diversity, answers have been published on the Town website.(Extra credit if Inclusion,and Equity Transformation(DIET)partner. They will be working with you can name the webpage.) Deleted:In October,after reviewing several options,a the Town to conduct a comprehensive assessment, plan strategic workshops, Deleted:They provide training and evaluate the results. �In addition.,-in.October the Town Manager engaged the services.....of Town Counsel to Commented[KK2]:It was Suggest to break Town Manager and begin the work of reviewing all Town policies.The starting point of this work will be a. Police Department actions out of bullet list of Select Board actions. review of the Police Department policies to ensure there is no potential bias or Deleted:In October discriminatory language reflected therein and to recommertd_.a c a yes s ecessa . Deleted:review is with The Police Department has also prepared a series of videos on the current police services offered to residents.The series of videos will be published on the Town website. Commented[KK3]:Question asked: Can these videos be published before this report is released?Then Our Town remains committed to doing everything we can to make Lexington a more change this statement to say—The videos have been published on the Police Department webpage. welcoming,inclusive,and safe community for all. Commented[KK4]:Suggestion: Change this to: The Select Should you have any questions or comments regarding this report the Board encourages Board you to get in touch with any member of the Select Board via email: select'board@le ii.n(-�yton a,gov or by calling the Select Board Office (781-698-4580) to schedule a meeting with 4 of the members of the Select Board. Deleted:one V_ Deleted:five Respectfully submitted, Lexington Select Board Douglas M.Lucente,Chair Jill I.Hai, Vice-Chair Joseph N.Pato Suzanne E.Barry Mark D.Sandeen Town of Lexington Motion Special Town Meeting 2020-2 ARTICLE 16 AMEND ZONING BYLAW AND MAP HARTWELL AVENUE AREA(Citizen Petition) MOTION: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington be amended,effective February 1, 2021,as follows(strttek*houg text is to be removed and underlined text is to be added),and further that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: 1. Amend§ 135-4.0 Table 2,Schedule of Dimensional Controls,column CM,as follows: Table 2 CM Minimum lot area 3 AO 20,000 SF( Minimum lot frontage in feet 2-OW50 Minimum front yard in feet(a),(b), 2-5-NR Minimum side yard in feet 2-5-1 5(f) Minimum rear yard in feet 2-5-15(f) Minimum side and rear yard adjacent to,or front yard across the street from a 4W50(f) residential district in feet Maximum nonresidential floor area ratio(FAR) AwNR Maximum site coverage NR Public and institutional buildings,maximum height: In stories: NR In feet: 6-5-115(f)U Other buildings,maximum height: In stories: NRO In feet: 6-5-115(f)Ch) 2. Replace§ 135-4.0 Table 2,Schedule of Dimensional Controls,footnote(h),with the following: h.See§7.4.1. 3. Add a new§ 135-7.4 as follows: 7.4 CM District. In addition to other standards set forth in this bylaw,the following standards shall apply to development in the CM district. 7.4.1 Height Limits. ®—Height near streets.The difference between the upper elevation of each segment of a building or - Formatted:Widow/Orphan control structure and the centerline grade of any street or bikeway shall be no greater than the distance from that segment to the centerline of a street multiplied by 1.0 or to the centerline of a bikeway multiplied by 2.0. 1 Town of Lexington Motion Special Town Meeting 2020-2 i III 1; IL%.A 4r.n;r cv4rt,-;ac 7.4.2 Outdoor amenities. 1. At least 15%of the developable site area of each lot shall be devoted to outdoor amenities, including but not limited to courtyards,street-side or rooftop terraces,plazas,or passageways for pedestrians or bicycles. 2. Outdoor amenities may be directed at the general public;directed at residents,businesses and patrons,but open to the public;or private to a specific user. 3. For the purpose of this section,multiple lots may be considered as a single lot where a binding agreement provides for shared use and maintenance of the amenities. 4. The Planning Board may adopt design standards for outdoor amenities through regulations. 7.4.3 Bedford Street front yard. Along the southwesterly side of Bedford Street there shall be a front yard of 70 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689,dated June 3, 1958,and shown as auxiliary base line 7 on the State Highway Alteration layout 5016,dated August 30,1960. 7.4.4 Sustainable Design.The provisions below are intended to encourage construction of sustainable buildims.Each of these provisions applies onlv if Permittedy MGL c.40A 3 and other State law: 1. Buildings which are not designed to meet the requirements to demonstrate certifiabilit at t the Silver level usinaG the LEED v4 fbr Building Designo s r° c i ore and Shell checklist, S outlined bv the United States Green BuildimCouncil, r limited c t in height. 2. Buildings 1 1 1 m -Site combustion system er 1 re limited to six stories. �.. .T e P amm�g Board in its regulations may establish additional standards for site plan review - .... under " 9.5 incorporating sustainability principles that result in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community. 7.4. Special Permit. The SPGA may grant a special permit modifying the requirements of§7.4. 4. Amend the Zoning Map to rezone lots 69,70A,and 81 on assessor's map 84 into the CM District. 5. Amend the Zoning Map to rezone lot 11 on assessor's map 73 into the CM District,lots l0A and 12 on assessor's map 73 into the GC District,and remove any remaining references to the CD-3 District from the Zoning Bylaw and Map. 6. Amend the Zoning Map to rezone lot 7 on assessor's map 85 into the GC District. 7. Amend the Zoning Map to rezone the portions of lots 41 F and 41 G on assessor's map 84 currently in the CRO District into the CM District. 8. Amend the Zoning Map to rezone the portion currently in the CRO District of the entire property shown on a plan recorded with the Middlesex South District Registry of Deeds as Plan 400 of 1984,a portion of which is registered land,into the CM District. 9. Amend the Zoning Map to rezone lots 55A,56,57,58,59,60A,61,62A,63A,65,66,67,and 68 on assessor's map 84 and the rights of way of Garwood Avenue and Maywood Street into the GC District. (2020 - ) 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 186 Bedford Street Regulatory Agreement PRESENTER: ITEM NUMBER: Liz Rust, Regional Housing Services O ffice I.5 SUMMARY: As the Board is aware,part of the 186 Bedford Street project included an affordable housing component which requires a regulatory agreement to be filed at the Registry to ensure the property retains the affordable housing units. Liz Rust will be available if there are any questions. SUGGESTED MOTION: Move to approve the regulatory agreement as attached and further to authorize the Town Manager to execute the regulatory agreement for 186 Bedford Street. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2020 6:45pm ATTACHMENTS: Description Type D Reguhalmy Agreernent l.wer Nll.emo LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL PROJECT Local Action Units This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made this day of , 20 by and among the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development ("DHCD") pursuant to G.L. c.23B §1 as amended by Chapter 19 of the Acts of 2007, the City/Town of Lexington, MA ("the Municipality"), and 186 Bedford Street, LLC, a Massachusetts [limited liability company], having an address at _189 Bedford Street, Lexington, MA 02420, and its successors and assigns ("Developer"). WITNESSETH: WHEREAS, pursuant to G.L. c. 40B, §§ 20-23 (the "Act") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 56.00 (the "Regulations") which establish the Local Initiative Program("LIP")and Comprehensive Permit Guidelines: M.G.L. Chapter 40B Comprehensive Permit Projects-Subsidized Housing Inventory have been issued thereunder (the "Guidelines"); WHEREAS, the Developer intends to construct a rental housing development known as 186 Bedford Street at a/an 1 1/3 -acre site on Bedford Street in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); WHEREAS, such Project is to consist of a total number of 13 rental dwellings (the "Units") and 4 of the Units will be rented at rents specified in this Agreement to Eligible Tenants as specified in paragraph two of this Agreement(the "Low and Moderate Income Units"); WHEREAS, the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) and the Developer have made application to DHCD to certify that the units in the Project are Local Action Units (as that term is defined in the Guidelines)within the LIP Program; and WHEREAS, in partial consideration of the execution of this Agreement,DHCD has issued or will issue its final approval of the Project within the LIP Program and has given and will give technical and other assistance to the Project; NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the September 2, 2016 parties hereto hereby acknowledge to the other, DHCD, the Municipality, and the Developer hereby agree and covenant as follows: 1. Construction. The Developer agrees to construct the Project in accordance with plans and specifications approved by the Municipality (the "Plans and Specifications"). In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other Units in the Project from the exterior (unless the Project has an approved"Alternative Development Plan"as set forth in the Guidelines and must contain complete living facilities including but not limited to a stove, refrigerator, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. 1 of the Low and Moderate Income Units shall be studio units; 3 of the Low and Moderate Income Units shall be one bedroom units; of the Low and Moderate Income Units shall be three bedroom units; and, of the Low and Moderate Income Units shall be four bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas: studio units - 250 square feet one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet During the term of this Agreement, the Developer covenants, agrees, and warrants that the Project and each Low and Moderate Income Unit will remain suitable for occupancy and in compliance with all federal, state, and local health, safety, building, sanitary, environmental, and other laws,codes,rules, and regulations,including without limitation laws relating to the operation of adaptable and accessible housing for the handicapped. The Project must comply with all similar local codes, ordinances, and by-laws. 2. Affordability. (a) Throughout the term of this Agreement, each Low and Moderate Income Unit will be rented for no more than the rental rates set forth herein to an Eligible Tenant. An Eligible Tenant is a Family whose annual income does not exceed eighty percent (80%) of the Area median income adjusted for family size as determined by the U.S. Department of Housing and Urban Development ("HUD"). A "Family" shall mean two or more persons who will live regularly in the Low and Moderate Income Unit as their primary residence and who are related by blood, marriage, or operation of law or who have otherwise evidenced a stable inter-dependent relationship; or an individual. The "Area" is defined as the _Boston-Cambridge- _Quincy MSA/HMFA/Non-Metropolitan County. (b) The monthly rents charged to tenants of Low and Moderate Income Units shall not exceed an amount equal to thirty percent (30%) of the monthly adjusted income of a Family whose gross income equals eighty percent (80%) of the median income for the Area, with adjustment for the number of bedrooms in the Unit, as provided by HUD. In determining the September 2, 2016 maximum monthly rent that may be charged for a Low and Moderate Income Unit under this clause, the Developer shall include an allowance for any utilities and services (excluding telephone) to be paid by the resident. Annual income shall be as defined in 24 C.F.R. 5.609 (or any successor regulation) using assumptions provided by HUD. The initial maximum monthly rents and utility allowances for the Low and Moderate Income Units are set forth in Exhibit B attached hereto. If the rent for a Low and Moderate Income Unit is subsidized by a state or federal rental subsidy program, then the rent applicable to the Low and Moderate Income Unit may be limited to that permitted by such rental subsidy program, provided that the tenant's share of rent does not exceed the maximum annual rental expense as provided in this Agreement. Annually as part of the annual report required under Subsection 2(e)below, the Developer shall submit to the Municipality and DHCD a proposed schedule of monthly rents and utility allowances for all Low and Moderate Income Units in the Project. Such schedule shall be subject to the approval of the Municipality and DHCD for compliance with the requirements of this Section. Rents for Low and Moderate Income Units shall not be increased without the Municipality's and DHCD's prior approval of either(i) a specific request by Developer for a rent increase or(ii) the next annual schedule of rents and allowances. Notwithstanding the foregoing, rent increases shall be subject to the provisions of outstanding leases and shall not be implemented without at least 30 days' prior written notice by Developer to all affected tenants. If an annual request for a new schedule of rents for the Low and Moderate Income Units as set forth above is based on a change in the Area median income figures published by HUD, and the Municipality and DHCD fail to respond to such a submission within thirty(30) days of the Municipality's and DHCD's receipt thereof, the Municipality and DHCD shall be deemed to have approved the submission. If an annual request for a new schedule of rents for the Low and Moderate Income Units is made for any other reason, and the Municipality and DHCD fail to respond within thirty (30) days of the Municipality's and DHCD's receipt thereof, the Developer may send DHCD and the Municipality a notice of reminder, and if the Municipality and DHCD fail to respond within thirty (30) days from receipt of such notice of reminder, the Municipality and DHCD shall be deemed to have approved the submission. Without limiting the foregoing,the Developer may request a rent increase for the Low and Moderate Units to reflect an increase in the Area median income published by HUD between the date of this Agreement and the date that the Units begin to be marketed or otherwise made available for rental pursuant to Section 4 below; if the Municipality and DHCD approve such rent increase in accordance with this subsection, the Initial Maximum Rents and Utility Allowances for Low and Moderate Income Units in Exhibit B of the Agreement shall be deemed to be modified accordingly. (c) If, after initial occupancy, the income of a tenant of a Low and Moderate Income Unit increases and, as a result of such increase, exceeds the maximum income permitted hereunder for such a tenant, the Developer shall not be in default hereunder so long as either (i) the tenant income does not exceed one hundred forty percent (140%) of the maximum income permitted or (ii) the Developer rents the next available unit at the Development as a Low and Moderate Income Unit in conformance with Section 2(a) of this Agreement, or otherwise demonstrates compliance with Section 2(a) of this Agreement (d) If, after initial occupancy, the income of a tenant in a Low and Moderate Income Unit increases, and as a result of such increase, exceeds one hundred forty percent(140%) September 2, 2016 of the maximum income permitted hereunder for such a tenant, at the expiration of the applicable lease term, the rent restrictions shall no longer apply to such tenant. (e) Throughout the term of this Agreement, the Developer shall annually determine whether the tenant of each Low and Moderate Income Unit remains an Eligible Tenant. This determination shall be reviewed by the Municipality and certified to DHCD as provided in section 2(g),below. (f) The Developer shall enter into a written lease with each tenant of a Low and Moderate Income Unit which shall be for a minimum period of one year and which provides that the tenant shall not be evicted for any reason other than a substantial breach of a material provision of such lease. (g) Throughout the term of this Agreement, the Chief Executive Officer shall annually certify in writing to DHCD that each of the Low and Moderate Income Units continues to be Low and Moderate Income Unit as provided in sections 2 (a) and(c), above; and that the Project and the Low and Moderate Income Units have been maintained in a manner consistent with the Regulations and Guidelines and this Agreement. 3. Subsidized Housing Inventory. (a) The Project will be included in the Subsidized Housing Inventory upon the occurrence of one of the events described in 760 CMR 56.03(2). All of the Units will be deemed low and moderate income housing to be included in the Subsidized Housing Inventory. (b) Units included in the Subsidized Housing Inventory will continue to be included in the Subsidized Housing Inventory in accordance with 760 CMR 56.03(2) for as long as the following three conditions are met: (1)this Agreement remains in full force and effect and neither the Municipality nor the Developer are in default hereunder; (2)the Project and each of the Low and Moderate Income Units continue to comply with the Regulations and the Guidelines as the same maybe amended from time to time and(3) each Low and Moderate Income Unit remains a Low and Moderate Income Unit as provided in section 2(c), above. 4. Marketing. Prior to marketing or otherwise making available for rental any of the Units, the Developer must obtain DHCD's approval of a marketing plan (the "Marketing Plan") for the Low and Moderate Income Units. Such Marketing Plan must describe the tenant selection process for the Low and Moderate Income Units and must set forth a plan for affirmative fair marketing of Low and Moderate Income Units to protected groups underrepresented in the Municipality, including provisions for a lottery, as more particularly described in the Regulations and Guidelines. At the option of the Municipality, and provided that the Marketing Plan demonstrates (i) the need for the local preference (e.g., a disproportionately low rental or ownership affordable housing stock relative to need in comparison to the regional area), and (ii) that the proposed local preference will not have a disparate impact on protected classes, the Marketing Plan may also include a preference for local residents for up to seventy percent (70%) of the Low and Moderate Income Units,subject to all provisions of the Regulations and Guidelines and applicable to the initial rent-up only. When submitted to DHCD for approval, the Marketing Plan should be accompanied by a letter from the Chief Executive Officer of the Municipality (as that term is defined in the Regulations) which states that the tenant selection and local preference September 2, 2016 (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes, regulations and executive orders, and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and Urban Development in the case of NAACP, Boston Chapter v. Kemp. If the Project is located in the Boston-Cambridge-Quincy MA-NH Metropolitan Statistical Area, the Developer must list all Low and Moderate Income Units with the City of Boston's MetroList (Metropolitan Housing Opportunity Clearing Center), at Boston City Hall, Fair Housing Commission,Suite 966,One City Hall Plaza,Boston,MA 02201 (671-635-3321). All costs of carrying out the Marketing Plan shall be paid by the Developer. A failure to comply with the Marketing Plan by the Developer or by the Municipality shall be deemed to be a default of this Agreement. The Developer agrees to maintain for five years following the initial rental of the last Low and Moderate Income Unit and for five years following all future rentals, a record of all newspaper advertisements, outreach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation") as described in the Marketing Plan as approved by DHCD which may be inspected at any time by DHCD. All Marketing Documentation must be approved by DHCD prior to its use by the Developer or the Municipality. The Developer and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, DHCD determines that the Developer, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan, that the Developer or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by DHCD. 5. Non-discrimination. Neither the Developer not the Municipality shall discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin, sexual orientation, familial status, genetic information, ancestry, children, receipt of public assistance, or any other basis prohibited by law in the selection of tenants; and the Developer shall not so discriminate in connection with the employment or application for employment of persons for the construction, operation or management of the Project. 6. Inspection. The Developer agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. DHCD and the Chief Executive Officer of the municipality shall have access during normal business hours to all books and records of the Developer and the Project in order to monitor the Developer's compliance with the terms of this Agreement. 7. Recording. Upon execution, the Developer shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Land Court for the County where the Project is located (collectively hereinafter, the "Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Developer shall immediately transmit to DHCD and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. September 2, 2016 8. Representations. The Developer hereby represents, covenants and warrants as follows: (a) The Developer (i) is a _Limited Liability Company duly organized under the laws of the Commonwealth of Massachusetts,and is qualified to transact business under the laws of this State, (ii) has the power and authority to own its properties and assets and to carry on its business as now being conducted, and(iii) has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Developer(i)will not violate or, as applicable,has not violated any provision of law,rule or regulation, or any order of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, and (111) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Developer will,at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance(subject to encumbrances created pursuant to this Agreement,any loan documents relating to the Project the terms of which are approved by DHCD, or other permitted encumbrances, including mortgages referred to in paragraph 17,below). (d) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending,or,to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights,which, if adversely determined, would materially impair its right to carry on business substantially as now conducted(and as now contemplated by this Agreement) or would materially adversely affect its financial condition. 9. Transfer Restrictions. Except for rental of Units to Low or Moderate Income Tenants as permitted by the terms of this Agreement, the Developer will not sell, transfer, lease, or exchange the Project or any portion thereof or interest therein(collectively, a"Sale")or(except as permitted under Section (d) below) mortgage the Property without the prior written consent of DHCD and the Municipality. (a) A request for consent to a Sale shall include: - A signed agreement stating that the transferee will assume in full the Developer's obligations and duties under this Agreement, together with a certification by the attorney or title company that it will be held in escrow and, in the case of any transfer other than a transfer of Beneficial Interests, recorded in the Registry of Deeds with the deed and/or other recorded documents effecting the Sale; - The name of the proposed transferee and any other entity controlled by or controlling or under common control with the transferee, and names of any affordable housing developments in the Commonwealth owned by such entities; September 2, 2016 - A certification from the Municipality that the Development is in compliance with the affordability requirements of this Agreement. (b) Consent to the proposed Sale shall be deemed to be given unless DHCD or the Municipality notifies the Developer within thirty(days) after receipt of the request that either - The package requesting consent is incomplete, or - The proposed transferee (or any entity controlled by or controlling or under common control with the proposed transferee)has a documented history of serious or repeated failures to abide by agreements of affordable housing funding or regulatory agencies of the Commonwealth or the federal government or is currently in violation of any agreements with such agencies beyond the time permitted to cure the violation, or - The Project is not being operated in compliance with the affordability requirements of this Agreement at the time of the proposed Sale. (c) The Developer shall provide DHCD and the Municipality with thirty (30) day's prior written notice of the following: (i) any change, substitution or withdrawal of any general partner, manager, or agent of Developer; or (ii) the conveyance, assignment,transfer, or relinquishment of a majority of the Beneficial Interests (herein defined) in Developer (except for such a conveyance, assignment, transfer or relinquishment among holders of Beneficial Interests as of the date of this Agreement). (iii) the sale, mortgage, conveyance, transfer, ground lease, or exchange of Developer's interest in the Project or any party of the Project. For purposes hereof, the term "Beneficial Interest" shall mean: (i) with respect to a partnership,any partnership interests or other rights to receive income,losses,or a return on equity contributions made to such partnership; (ii) with respect to a limited liability company, any interests as a member of such company or other rights to receive income, losses, or a return on equity contributions made to such company; or(iii)with respect to a company or corporation, any interests as an officer, board member or stockholder of such company or corporation to receive income, losses, or a return on equity contributions made to such company or corporation. Notwithstanding the above, DHCD's consent under this Section 9 shall not be required with respect to the grant by the Developer of any mortgage or other security interest in or with respect to the Project to a state or national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender made at no greater than the prevailing rate of interest or any exercise by any such mortgagee of any of its rights and remedies (including without limitation, by foreclosure or by taking title to the Project by deed in lieu of foreclosure), subject,however to the provisions of Section 14 hereof. Developer hereby agrees that it shall provide copies of any and all written notices received September 2, 2016 by Developer from a mortgagee exercising or threatening to exercise its foreclosure rights under the mortgage. 10. Casualty; Demolition; Change of Use. (a) The Developer represents, warrants, and agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer(subject to the approval of the lender(s) which has provided financing) will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction,or to relieve the condemnation,and thereafter to operate the Project in accordance with this Agreement. (b) The Developer shall not, without prior written approval of DHCD and the Municipality and an amendment to this Agreement, change the type or number of Low and Moderate Income Units. The Developer shall not demolish any part of the Project or substantially subtract from any real or personal property of the Project, or permit the use of the dwelling accommodations of the Project for any purpose except residences and any other uses permitted by the applicable zoning then in effect; 11. Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions hereof. 12. Notices. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time to time designate by written notice: DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge Street, 3rd Floor Boston, MA 02114 MunicipalitX: Town of Lexington 1625 Mass Avenue Lexington , MA 02420 Developer: 186 Bedford Street, LLC 189 Bedford Street Lexington, MA 02420 September 2, 2016 13. Term. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement shall bind, and the benefits shall inure to, respectively, Developer and its successors and assigns, and DHCD and its successors and assigns and the Municipality and its successors and assigns. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement, the rental restrictions, and other requirements provided herein shall be perpetual. (b) The Developer intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement,and are binding upon the Developer's successors in title,(ii)are not merely personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns and enure to the benefit of DHCD and the Municipality and their successors and assigns for the term of the Agreement. Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. 14. Lender Foreclosure. The rights and restrictions contained in this Agreement shall not lapse if the Project is acquired through foreclosure or deed in lieu of foreclosure or similar action, and the provisions hereof shall continue to run with and bind the Pro j ect. 15. Further Assurances. The Developer and the Municipality each agree to submit any information, documents, or certifications requested by DHCD which DHCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality with the terms of this Agreement. 16. Default. (a) The Developer and the Municipality each covenant and agree to give DHCD written notice of any default, violation or breach of the obligations of the Developer or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a "Default Notice"). If DHCD becomes aware of a default, violation, or breach of obligations of the Developer or the Municipality hereunder without receiving a Default Notice from Developer or the Municipality, DHCD shall give a notice of such default, breach or violation to the offending party (with a copy to the other party to this Agreement) (the "DHCD Default Notice"). If any such default, violation, or breach is not cured to the satisfaction of DHCD within thirty (30) days after the giving of the Default notice by the Developer or the Municipality, or if no Default Notice is given, then within thirty (3 0)days after the giving of the DHCD Default Notice,then at DHCD's option,and without further September 2, 2016 notice, DHCD may either terminate this Agreement, or DHCD may apply to any state or federal court for specific performance of this Agreement, or DHCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this Agreement. (b) If DHCD elects to terminate this Agreement as the result of a breach, violation, or default hereof, which breach, violation, or default continues beyond the cure period set forth in this Section 16, then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be deemed low and moderate income housing for the purposes of the Act and shall be deleted from the Subsidized Housing Inventory. (c) The Developer acknowledges that the primary purpose for requiring compliance by the Developer with the restrictions provided herein is to create and maintain long- term affordable rental housing, and by reason thereof the Developer agrees that DHCD or the Municipality or any prospective, present, or former tenant shall be entitled for any breach of the provisions hereof, and in addition to all other remedies provided by law or in equity, to enforce the specific performance by the Developer of its obligations under this Agreement in a state court of competent jurisdiction. The Developer further specifically acknowledges that the beneficiaries of its obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. In the event of a breach of this Agreement,the Developer shall reimburse DHCD for all costs and attorney's fees associated with such breach. 17. Mortgagee Consents. The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed the Consent and Subordination of Mortgage to Regulatory Agreement attached hereto and made a part hereof. [REMAINDER OF PAGE INTENTIONALLY BLANK] September 2, 2016 Executed as a sealed instrument as of the date first above written. DEVELOPER By: Its: DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT By: Its: MUNICIPALITY By: Its Chief Executive Officer Attachments: Exhibit A- Legal Property Description Exhibit B -Rents for Low and Moderate Income Units COMMONWEALTH OF MAS SACHUSETTS COUNTY OF 2 ss. z 20 On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding document, as of the [Developer], and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: September 2, 2016 COMMONWEALTH OF MAS SACHUSETTS COUNTY OF 2 ss. .120 On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed on the preceding document, as for the Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: COMMONWEALTH OF MAS SACHUSETTS COUNTY OF 2 ss. .120 On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding document, as for the City/Town of , and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: September 2, 2016 CONSENT AND SUBORDINATION OF MORTGAGE TO REGULATORY AGREEMENT Reference is hereby made to a certain Mortgage dated given by to , recorded with the Registry of Deeds at Book Page ("Mortgage"). The Undersigned, present holder of said Mortgage, hereby recognizes and consents to the execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had been registered subsequent thereto. The Undersigned further agrees that in the event of any foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and conditions hereof. [NAME OF LENDER] By: Its: (If the Development has more than one mortgagee, add additional consent forms.) COMMONWEALTH OF MAS SACHUSETTS COUNTY OF 2 ss. z 20 On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding document, as of Bank, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: September 2, 2016 EXHIBIT A Re: 186 Bedford Street (Project name) Leximrton, MA (City/Town) 186 Bedford Street LLC (Developer) Property Description SEE ATTACHED DEED DESCRIPTION September 2, 2016 QUITCLAIM DEED We,ANN DUFFY,BARRY COLLAMORE,THOMAS FURLONG and GABRIEL PAC"J, Trustees of THE,ELIOTCOMMUNITY HUMAN SERVICES TR UST',under Declaration offrust dated August 15, 19180 and recorded in the Middlesex South Distr,lot Registry of Deeds, (the"Registry")in Book 14046,Page 308,as,amended,with an address of 125 Hartwell Avenue, Lexinglon,Massachusetts 10242 1, 01 P-f 0 for consideration paicl,and in,full consideration of Two M1.111on Twent e,'Tliou.san;d'D,,olla,i*5 z DFORD STREET,LLC,a'Ma,ssachuse!tt,s Linuted Liability Company having a grant to,'186 BE business address of 189 BMford�Street,Lexington,Massachusetts 02420, WITH QUITCLAIM COVENANTS A ceftaln parcel of land,,with the buildings thereon,situated�i,'n said Lexington,and shown,oil,a 01 plan entilled"Plan of Land in Lexington,Mass."'dated May,22, 1954 andrecorded as Plan 4* cl Number 1231 of 1955 made by Albert A.Mille and Wilbur C.Nylander,Civil Engineers and M Surveyors,recorded in the Registry,in Book 8507,Page 338,said parcel being,bounded and 10 00 described as,folllows,: NORTHEASTERLY by Beffbird St met by two lines measuning respectively one hundred ninety-five and 60/100(1 95.6 ,feet and,thirty-four and,40/1 00(34.40) feet; SOUTHEASTERLY by land of the Estate of Felix'Vlano,one hundredthirty-seven,aiid 44/100(13 7.44)feetl-, NORTHEASTERLY again by said land,of"the Estate of Fefix'Viano,seven and,44/100(7,44) fec"tj SOUTHEASTERLY again by land now or formerly,of AlIfTed M.Viand,o'ne hundred twee and 40/100(103-40)feet-, (Client Fir es/313514,/0002JCLOS,I!NGDOC,,S/FI24:447.2,UK)(;X,2) September 2, 2016 SOUTHWESTERLY by Reed'Strett,onc,hundrcd forty-two aild,72/100(142.72)feet; NORTI­IWES'rE`,UY by lai,lid now or fortnerly of Howard C.and Barbara,M.Mason,eighty-, four and 69/'100(84.69)feet; WESTERLY by]and,now or fonnerly of said Mason,eighty-four arld 69/1010(84.69) feet and NORTHWESTERIY again'by a""Way"shown on said plan,two hundred twenty-three and 80/11010(2,23,90)feet. Coi,,itatnilng 59,270 squarefeet ofland,wore orless,according,to said, an the Grantors,hereby release any and,all rights of Homestead,in and,to,the premises conveyed hereby and warrant,and represent under the pains and penal'tiieq of perjury that there are no persons entitled any riglits of hornestead under G.L.c.18 8 in the premi ses conveyed',by this deed. Beiing the same premises conveyed by deed off`Coiwnuruly Utanan Services,,Inc.to Marc Lally, Michael I Wlslotski,Deborah Cary and Robert L.Snuggs,Trustees,of t�he Mystic Valley Center A,ssociat*on 2 1 11, e Registry in Book 20637,Page 1. Ine. Thist dated Jun 27 1990 and recorded in,th 1 1 257. This Conveyance does IIOtCO3nSfitUt'e all or subs tan tially all of the assets of the Eliot Community Human Services Trust in the Comm onwealth of Massachusetts. [Signature page to foflow (Client Fil,e,,sJ3135l4,M,002/CLOSINGDOCSIFI'2A,447,2.,r)ocx,:2,)2 September 2, 2016 EXHIBIT B Re: 186 Bedford Street (Project name) Lexington, MA (City/Town) 186 Bedford Street LLC (Developer) Initial Maximum Rents and Utility Allowances for Low and Moderate Income Units Rents Utility Allowance Studio units $ 11443 $ 118 One bedroom units $ 1,638 $ 147 Two bedroom units $ $ Three bedroom units $ $ Four bedroom units $ $ September 2, 2016 Town of Lexington Land Use and Development Office 61 rM dPRIL,1R)"r " wl MEMORANDUM Date: November 4, 2020 To: Jim Malloy, Town Manager From: Amanda Loomis - Planning Director: Sheila Page - Assistant Planning Director Cc: Carol Kowalski, Assistant Town Manager of Development. Re: Regulatory Agreement for 186 Bedford Street Affordable Units On November 12, 2019 Town Meeting approved a Preliminary Site Development and Use Plan for a mixed-used development with 13 one-bedroom residential units at 186 Bedford Street. As part of the approval the Applicant - 186 Bedford Street LLC, entered into an Memorandum of Understanding in which the owner agrees to four of the units to be deemed in perpetuity as Affordable Local Action Units certified by the Massachusetts Department of Housing and Community Development to ensure that the affordable units are counted on Lexington's Subsidized Housing Inventory. The attached Regulatory Agreement ensures that the units maintain the proper eligibility criteria in perpetuity. The Regulatory Agreement is a recorded document that restricts the rental price and the income eligibility on the four units. The Massachusetts Department of Housing and Community Development, the Town of Lexington and the 186 Bedford Street, LLC as the developer are signatories of the agreement. We ask that the Select Board at its November 9, 2020 meeting authorize the Town Manger to sign the agreement on the Town's behalf. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve Letter to the Department of Public Utilities (DPU) PRESENTER: ITEM Stella Carr, Sustainability Director& NUMBER: Arc hang Dayalu, Sustainable 1.6 Lexington Committee SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/9/2020 6:50pm. ATTACHMENTS: Description Type D I)Pt J pres en tallion Backup]VIlaterial D ]DINJ letter 13a.ckup U11cate'nal D I)Pt J...........1)ocket...........20 80(,.)r(.Ier...........10 29 20 1 3ackup Mated.al. D A.0 fetition.to DPLJ ori.N11as,s Natural Chs,.Future Backllp I.V[aterial. 000 pw CL E E 0 u 0 C: 0 111114-1 0 o 0 x 4==J 4==J ............ m M (3) (3) Uu co0004-J 4-j *Mffffffmmm • u E 0 w ERoom=SHE r) 0 Ln u 0 Q) Illillpffmi 0 w U 4=J M +-; U E x X (3) Un1111111111(1311?11111111111111111111V < 11111111111111 011111111 111 1 ro 0 C: ......................... 0 4-J 0 moomm tLo V) u 4-J MEN= x (3) max Lo (3) 0000000 0000000m0) Q) I 4-J (3) E C)C 0 < < so MEN= 4-J =3 Jc: 4-J 0 MEN= 0 MO LM 0 +No z Ln 0 ca E ai w �w a (1) Lli < 0) m CL O � r--i W%I= E � � O M � � V �Q � � O CAA N a� � �c � ♦oQ) a� � •N C) 4-J x 4-; u E cr o � � 0 i � � 0 N E � O q�p •— LM 0 Jc: +-j E 0 o E Lu 0 >% -c': > E cu 4-0) E 0 E LM =Cc u 6 to, E 0 ra 4-1 cr E >P. u ro W 4-j .0 LM E w 0 0 0 Jc: 0 C: 0 .0 C: Jc: 0 u n of v) Ln >4 0 -0 >% +-+ � M V a-+ 4J cn cn -— }' 4— i O4-j c: U O 4-j +-j 7FI) U � o v � o o • o w 4-j u 0 E 4-0) E bz u G 0 0 0 LM 4-j Q buo 0 1-- 00 G 1-- J � }� J 0 0 C: (1) (A (1) c 4-) 0 C: 4-j 0 Q) Z) 4-j Q) 4-J 0 E 4.j Ln Ul 0 Ln +J cn c6 � +-, > o ul 4-- D (4-D p 0) CAA,O 0 U r*4 LM Q) 6� U� CL 4-j 4. =3 LM D 4- 0. 0 0 4-- 0 E 00 =3 4-j < u 0 E � o aj 4- o v0 u w un (i z 4=1 E Lm 0 .0 =3 W a—0 +m+a �� (m l E to w +-j E Oo •— 4A O ca G10) •� }' N 0 r-4 '0 � N =3 .O O O u � Q � 4A �p C: M O 0 0 r"*4 (D > CL 0� 4=1 V) o G� (A 19 6� Q) bUD V) :t < (3) cu > 0 Co b.0 cr =3 (:u CL C) � 00 o ° � .� � �o � o m .w' ?U Town of Lexington Su Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 Nov 2020 Mark D.Marini, Secretary Department of Public Utilities One South Station, 5tn Floor Boston MA 02110 Re: Comments from the Town of Lexington on D.P.U.20-80, "an Investigation into the impact on the continuing business operation of local gas distribution companies as the Commonwealth achieves its target 2050 climate goals" (the"Investigation") Dear Secretary Marini: The Town of Lexington(Lexington) Select Board thanks the Department of Public Utilities (DPU) for opening the Investigation in response to the Petition filed by the Office of the Attorney General (AGO) on June 4, 2020 (the"Petition"). Since the Select Board's adoption of Lexington's Sustainable Action Plan and Getting_ t Zero Emissions Plan that call for a transition of buildings to 100%renewable energy over the next 25 years, Lexington has begun its own transition toward all-electric buildings, including the integration of efficient electric systems at Hastings Elementary School, Lexington Children's Place, Lexington Fire Station, and the Visitor's Center. In addition, the fall Lexington Town Meeting overwhelmingly passed the Climate Emergency warrant article calling on the Town to achieve the transition to zero emissions by 2035. Lexington fully supports the Commonwealth of Massachusetts (the "Commonwealth") Net Zero by 2050 goals as legally mandated in the Global Warming Solutions Act ("GWSA"). As noted in the Petition, the Commonwealth's climate goals will inevitably require a dramatic reduction in natural gas consumption in Massachusetts, and"will have profound impacts on gas distribution system management, operations, and rates."As a stakeholder, and to exercise our responsibility as elected officials, Lexington would like to advocate for a smooth and sustainable transition, minimizing price spikes for Lexington's residents and businesses. Based on our experiences as a local leader in transitioning Lexington's town-owned buildings from natural gas to electric heat pumps, we would hereby like to request that the Investigation cover the following three critical topics: 1. Conduct a detailed and dynamic analysis of current and future costs of natural gas to ratepayers. Paragraphs 18-22 of the Petition discuss issues of ratepayer protection, equity, and fairness. In addition, the GWSA targets imply certain Commonwealth-wide heat pump adoption rates over the course of the next 30 years. As stated in the Petition, we would 1 .w' ?U Town of Lexington Su Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 request that the DPU take into account this impact and ensure that no ratepayers are left behind with an undue economic burden. A thorough analysis is needed to effectively model and project anticipated changes in natural gas costs as renewable energy and heat pump adoption rates increase. 2. Conduct an in-depth analysis of the"stranded assets" in the Massachusetts' Gas System Enhancement Plan ("GSEP") and a plan to mitigate their adverse impacts on ratepayers in the near-zero natural gas future. Meeting GWSA targets would require moving away from natural gas, implying stranded assets if Massachusetts undertakes extensive and costly repairs. To illustrate, the GSEP has identified over$9 billion for gas pipeline repairs in Massachusetts. Paragraphs 14, 25-29, and 32 in the AGO Petition discuss the implications of the GSEP in the context of the GWSA targets. GSEP funds spent on repairing existing gas pipelines may well become stranded assets, the economic burden of which would fall on Massachusetts residents and businesses to pay off. The Select Board requests that the DPU develop sound economic alternatives to the GSEP plan that will maintain the safety of gas pipelines while enabling a smooth transition to a near-zero natural gas future. 3. Consider technologies and opportunities to turn "asset-stranding" into "asset- transformation". Paragraph 28 of the Petition compares GSEP investments with several alternatives. In particular, the Lexington Select Board has previously supported legislation (H.28491 S.1940, "The FUTURE Act") calling for repurposing GSEP funds to invest in technologies like GeoMicroDistricts as clean, safe, and healthy alternatives to continuing to depreciate natural gas pipelines as stranded assets. We would request that the DPU support pilot projects to determine the feasibility of these transformational alternatives as part of the Investigation. In conclusion, we ask the DPU to frame the Investigation in a manner that looks beyond transition to transformation. Instead of stranded assets, stranded ratepayers, and stranded workers,we would ask the DPU to plan for a dynamic future of green jobs, opportunities, technologies, and innovations. The DPU's Investigation could help pave a pathway for a just transition and a clean,healthy, and economically viable future for all of the Commonwealth's residents and businesses. Thank you for your time and consideration as we reinvent the Commonwealth's green economy through this process. Sincerely, The Town of Lexington Select Board 2 15:�N m top - � D��D1� � D a.0,0arbuoetto LIA m , > DEPARTMENT OF PUBLIC UTILITIES D.P.U. 20-80 October 29, 2020 Investigation by the Department of Public Utilities on its own Motion into the role of gas local distribution companies as the Commonwealth achieves its target 2050 climate goals. VOTE AND ORDER OPENING INVESTIGATION D.P.U. 20-80 Page 1 I. INTRODUCTION The Department of Public Utilities ("Department") opens this inquiry to examine the role of Massachusetts gas local distribution companies ("LDCs") in helping the Commonwealth to achieve its 2050 climate goals. Specifically, we will explore strategies to enable the Commonwealth to move into its net-zero greenhouse gas ("GHG") emissions energy future while simultaneously safeguarding ratepayer interests; ensuring safe, reliable, and cost-effective natural gas service; and potentially recasting the role of LDCs in the Commonwealth. The future of the natural gas industry has been a topic of interest for many stakeholders. On April 22, 2020, the Baker-Polito Administration announced that it is reasonable and appropriate to establish a net-zero emissions target by 2050, in order to adequately protect the health, economy, people, and natural resources of the Commonwealth and to maintain Massachusetts' critically important role as a national and international leader in the global effort to reduce the GHG emissions that cause climate change. Executive Office of Energy and Environmental Affairs ("EEA") Determination of Statewide Emissions Limit for 2050 (April 22, 2020), available at: https://www.mass.gov/doc/final-signed-letter-of- determination-for-2050-emissions-limit/download (last visited October 20, 2020). As noted in the 2015 update to the Commonwealth's Clean Energy and Climate Plan ("CECP") for 20201 the building sector must make sizeable reductions in its use of fossil fuels to achieve the 1 EEA prepares a CECP every five years, beginning in 2010. The CECP sets forth a policy roadmap for the Commonwealth to meet the GHG emissions limit by 2050. D.P.U. 20-80 Page 2 Commonwealth's mandated GHG emissions limit. See 2015 Update to CECP for 2020 (December 31, 2015), available at: https://www.mass.gov/doc/clean-energy-and-climate-plan- for-2020/download (last visited October 20, 2020). This transition requires the Department to consider new policies and structures that would protect ratepayers as the Commonwealth reduces its reliance on natural gas, and it may require LDCs to make significant changes to their planning processes and business models. On June 4, 2020, the Attorney General of the Commonwealth of Massachusetts ("Attorney General") filed a petition with the Department requesting that the Department open an investigation to assess the future of LDCs' operations and planning in light of the Commonwealth's target of net-zero GHG emissions by 2050 (Attorney General Petition at 1, citing Global Warming Solutions Act, St. 2008, c. 298 ("GWSA"); EEA Determination of Statewide Emissions Limit for 2050 (April 22, 2020); State of the State Address (January 21, 2020)).2 In her Petition, the Attorney General suggests that the Department take the following steps: (1) examine the gas distribution industry, regulatory, and policy changes needed to support the achievement of the Commonwealth's mandated GHG emissions limits; and (2) determine what near- and long-term adjustments are necessary to maintain a safe and reliable gas distribution system and protect consumer interests as the Commonwealth transitions from fossil fuels to a clean, increasingly electrified, and decarbonized energy future by 2050 (Attorney General Petition at 3). 2 The Department will address issues raised by the Attorney General's Petition in this docket. D.P.U. 20-80 Page 3 The Department is also aware that EEA, in consultation with the Massachusetts Department of Environmental Protection ("MassDEP") and the Massachusetts Department of Energy Resources ("DOER"), is presently evaluating potential pathways to achieving the Commonwealth's 2050 GWSA statewide net-zero emissions limit and is developing a "2050 Decarbonization Roadmap." See EEA Determination of Statewide Emissions Limit for 2050 (April 22, 2020); G.L. c. 21N, §§ 3, 4; Massachusetts 2050 Roadmap, available at: https://www.mass.gov/info-details/ma-decarbonization-roadmap (last visited October 20, 2020). EEA is also preparing its CECP for 2030. See G.L. c. 21 N, §§ 3, 4. The Department anticipates that the 2050 Decarbonization Roadmap and the 2030 CECP (together, the "Roadmaps") will set forth additional policies that may impact ratepayers, LDCs, and the gas industry, as a whole. Accordingly, based on these developments, the Department determines that it is appropriate to open this proceeding with a focus, at this time, on the LDCs' role in the Commonwealth's achievement of its target 2050 climate goals. The Roadmaps are expected to be published in December 2020, and they will help inform the Department's examination of these important and complex matters.3 3 The Department anticipates that the Roadmaps will identify strategies for the energy industry as a whole, and we further acknowledge that the Roadmaps' recommendations regarding the gas industry may also affect the electric distribution companies. The Department will address this effect when appropriate and will solicit input from electric distribution companies at that time. D.P.U. 20-80 Page 4 II. SCOPE OF PROCEEDING Through this proceeding the Department will solicit utility and stakeholder input and develop a regulatory and policy roadmap to guide the evolution of the gas distribution industry, while providing ratepayer protection and helping the Commonwealth achieve its goal of net-zero GHG emissions energy. The Department anticipates that the Roadmaps will identify strategies to help accomplish this task. For all identified pathways, the Department will endeavor to determine whether and how the LDCs can implement each pathway in a cost-effective way with a continued focus on safe and reliable service to their ratepayers. To ensure a thorough and complete investigation, the Department will also require the LDCs to work with an independent consultant that will identify potential additional strategies not included in the Roadmaps. In addition, the Department will need to analyze the policy initiatives proposed in the Roadmaps and investigate the feasibility of implementing any policies the Department may adopt, including any legislative barriers to implementation. Each LDC is distinct and has different capabilities and limitations within its own service territory. An independent analysis of each LDC is integral to conducting a thorough and complete investigation. Therefore, while the Department awaits the release of the Roadmaps, we direct the LDCs to initiate a joint request for proposals ("RFP") for an independent consultant to conduct a study and prepare a report within the parameters discussed herein. The RFP process is discussed in Section III, below. The Department recognizes that the comprehensive analysis the Department seeks may require the retention of D.P.U. 20-80 Page 5 multiple consulting firms to fulfill this directive, but it is the Department's intention to avoid contrasting assumptions and data that result in conflicting analysis. The independent consultant(s) ultimately selected should be ready to review the Roadmaps, identify any pathways not examined in the Roadmaps, and perform a detailed study of each LDC that analyzes the feasibility of all pathways. In this regard, the Department expects a complete, comprehensive analysis of each LDC regardless of the size of an LDC. Those individual analyses must then be integrated into one, collective report that performs meaningful comparisons among the LDCs (the "Report"). For the purpose of this analysis, the LDCs must ensure that the independent consultant uses, or the multiple consultants use, consistent methods and considerations for all the individual LDC analyses. This will facilitate an over-arching inquiry that compares and contrasts the implications of proposed policies upon each LDC and upon the LDCs as a whole and results in meaningful discussions and recommendations. For each pathway proposed in the Roadmaps and separately identified by the independent consultant(s), the independent consultant(s) will: (1) Present a forecast, estimate, or other quantification of the costs and actual economy-wide GHG emissions reductions involved in transitioning the natural gas system. The evaluation of costs shall include the following: (a) a discussion of possible mechanisms, methodologies, or policies to address the recovery of cost or responsibility for cost incurrence, as well as mitigation of costs and impacts for customers, particularly low-income customers; (b) a forecast, estimate, or other quantification of the electrification strategies, as well as other strategies identified through the analysis; and (c) for each electrification strategy, a transparent depiction of key assumptions used in the analysis and a calculation of GHG emissions reductions, inclusive of GHG emissions from generation sources. D.P.U. 20-80 Page 6 (2) Present a discussion of qualitative factors such as impacts on public safety, reliability, economic development, equity, emissions reductions, and timing. (3) Develop proposed recommendations to reduce GHG emissions from the sale and distribution of natural gas to meet applicable goals in relation to the Roadmaps, with specific initiatives, actions, and interim milestones. On or before March 1, 2022, we direct each LDC to submit a proposal to the Department that includes the LDC's recommendations and plans for helping the Commonwealth achieve its 2050 climate goals, supported by the Report. With their proposals, the LDCs must submit the Report, analysis, and supporting data to the Department for review. Prior to filing the Report and the LDCs' proposals, the LDCs shall engage in a stakeholder process to solicit feedback and advice on both the Report and the proposals. The Department intends to provide an opportunity for stakeholder comments on the LDCs' proposals. We direct the LDCs to submit a status update on their retention of the independent consultant(s) and progress to date on or before March 1, 2021. We further direct the LDCs to submit a second status update on the progress to date of the independent consultant(s) on or before September 1, 2021. III. INDEPENDENT CONSULTANT SELECTION The LDCs are jointly responsible for developing and issuing an RFP for the independent consultant(s) consistent with the directives set forth in this Order. The LDCs shall develop the scope of work to be included in the RFP, after consultation with the Attorney General, DOER, and other interested stakeholders. The LDCs are responsible for issuing an RFP and selecting the independent consultant(s) consistent with the directives above. The LDCs shall be responsible for all costs and expenses associated with retaining D.P.U. 20-80 Page 7 the independent consultant(s).4 The RFP process shall be conducted so as to allow for the commencement of the work upon the issuance of the Roadmaps, or if issued on different days, whenever the first of the Roadmaps is issued. IV. ORDER Accordingly, the Department VOTES: To open an investigation into the potential policies by which the Commonwealth will achieve its net-zero greenhouse gas emissions energy goal and the role of the Massachusetts natural gas industry in helping the Commonwealth move into its energy future; and it is ORDERED: That the Secretary of the Department shall send a copy of this Order to each natural gas local distribution company subject to the jurisdiction of the Department under G.L. c. 164, and to the service lists in 2019-2021 Gas Three-Year Energy Efficiency Plans, D.P.U. 18-110 through D.P.U. 18-115; 2020 Gas System Enhancement Plans, D.P.U. 19-GSEP-01 through D.P.U. 19-GSEP-06; and 2020-2021 Local Distribution Gas Adjustment Factor and Peak Cost of Gas Adjustment Factor Filings, D.P.U. 20-GAF-P 1 through D.P.U. 20-GAF-P8; and it is 4 The costs and expenses shall be charged to the LDCs on a pro rata share based on each LDC's intrastate operating revenues as shown in its Annual Return currently on file with the Department for the year ending December 31, 2019. See Mar in Sharin , D.P.U. 10-62-A at 8-9 (2013). D.P.U. 20-80 Page 8 FURTHER ORDERED: That the Secretary of the Department shall compile a list and make service of a copy of this Order from such list; and it is FURTHER ORDERED: That the Massachusetts gas local distribution companies shall comply with all directives contained in this Order. By Order of the Department, /s/ Matthew H. Nelson, Chair /s/ Robert E. Hayden, Commissioner /s/ Cecile M. Fraser, Commissioner V THE COMMONWEALTH OF MASSACHUSETTS GENERAL oFFI E F THE ATT RNEY ; '171711 O c o ONE ASHBURTON PLACE BOSTON MASSACHUSETTS 02108 MAURA HEALEY (617) 727-2200 ATTORNEYGENERIAL, (617) 727-4765 TTY www.mass.gov/ago June 4, 2020 Mark D. Marini, Secretary Department of Public Utilities One South Station, 5th Floor Boston, MA 02110 Re: Petition of the Office of the Attorney General Requesting an Investigation into the impact on the continuing business operations of local gas distribution companies as the Commonwealth achieves its 2050 Climate Limits. Dear Secretary Marini: Enclosed for filing please find the Office of the Attorney General's Petition Requesting an Investigation, as referenced above. Please do not hesitate to contact me if you have any questions. Sincerely, Is/Jo Ann Bodemer Jo Ann B o demer Assistant Attorney General Enclosures cc: Shane Early, Esq., General Counsel, Department of Public Utilities COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES Petition of the Office of the Attorney General,pursuant to G.L. c. 12, §§ 11E, 10; and its common law authority to act in the public interest,Requesting an Investigation,pursuant to the Department of Public Utilities' authority under G.L c. 164, §§ 76, 105A into D.P.U. 20-XX the impact on the continuing business operations of local gas distribution companies as the Commonwealth achieves its target 2050 climate goals. The Office of the Attorney General ("AGO"),pursuant to G.L. c. 164, §§ 76, 105A; G.L. c. 12, §§ 11 E, 10; and the AGO's common law authority to act in the public interest, respectfully requests that the Department of Public Utilities (the "Department") initiate an investigation to assess the future of local gas distribution company ("LDC") operations and planning in light of the Commonwealth's legally binding statewide limit of net-zero greenhouse gas ("GHG") emissions by 2050.1 As found in the Commonwealth's 2015 update to its Clean Energy and Climate Plan ("CECP") for 2020, the Commonwealth's heating sector must make sizeable reductions in its use 1 See the Global Warming Solutions Act ("GWSA"), St. 2008, c. 298, codified at M.G.L. c. 21N; Executive Office of Energy and Environmental Affairs'("EOEEA")Determination of Statewide Emissions Limit for 2020 (Apr. 22, 2020), available at https://www.mass.gov/doc/final-signed- letter-of-determination-for-2050-emissions-limit; (setting a legally binding statewide limit of net zero greenhouse gas emissions by 2050, defined as 85 percent below 1990 levels); State of the State Address (Jan. 21, 2021) (Governor commits to achieving net-zero greenhouse gas emissions by 2050), available at htt]ps://www.mass.gov/news/govemor-baker-delivers-2020-, state-of-the-commonwealth-address. of fossil fuels to achieve the state's mandated GHG limit.2 Ensuring that Massachusetts LDCs' current and planned business and operating practices are consistent with the Commonwealth's 2050 emission reduction mandate and interim targets requires more from the LDCs than "business as usual." Just as declining fossil fuel demand is reshaping markets and business practices in global markets (due to a range of factors including a climate-risk driven transition to clean energy), the Commonwealth's climate policy requirements will have profound impacts on gas distribution system management, operations, and rates. This will require the LDCs to make significant changes to their planning processes and business model. It will also require the Department to develop new policies and structures to protect ratepayers and ensure a safe, reliable, and fair transition away from reliance on natural gas and other fossil fuels. While policymakers and stakeholders are presently discussing and examining various electric-dependent pathways to achieve the 2050 climate requirements, there has been little 2 Pursuant to the GWSA, the EOEEA must prepare a CECP every 5 years, beginning in 2010, that sets GHG limits and provides plans to ensure the Commonwealth meets its 2050 mandated emissions limit. See G.L. c. 21N (setting forth standards for targets and plans). Both the 2010 and 2015 update focused on reducing building sector GHG emissions. See Massachusetts CECP for 2020, 2015 Update at 19 ("Buildings consume more than 50 percent of the energy used in Massachusetts including the vast majority of the electricity and significant amounts of natural gas and oil primarily for space heating. Emissions from buildings represent over 50 percent of GHGs in 2013, with direct fossil fuel use (i.e., excluding buildings use of electricity) accounting for almost a third of the Massachusetts GHG inventory."), available at https://www.mass.gov/files/documents/2016/08/sk/2020-clean-energy-plan.pdf.; see also EOEEA, March 2020 Public Sessions Presentation, available at https://www.mass.gov/doc/march-public-meeting-slide-deck-for-2050-roadmU ("March 2020 Slide Deck") (noting same); Massachusetts Comprehensive Energy Plan (December, 2018) at Executive Summary, page v, available at htlps://www.mass.gov/service-details/massachusetts- comprehensive-energy-plan-cep (noting that the building heating/domestic hot water sector represents the second largest source of emissions in the Commonwealth, with nearly two-thirds of that thermal heating demand being met by natural gas); Massachusetts GHG Mitigation and Policies, at Buildings, available at https://www.mass.gov/info-details/ghg-emissions-and- mitigation-policies#buildin sg_- (noting same). - 2 - public discussion of the resulting business planning and financial implications of building electrification and related initiatives that will need to be implemented with sufficient lead time to comply with 2050 emission reduction mandates. The Department has both the authority and expertise to initiate this urgent public discussion by promptly opening an investigation that will (1) examine the gas distribution industry, regulatory, and policy changes needed to support the achievement of the Commonwealth's mandated GHG emission limits; and(2) determine what near- and long-term adjustments are necessary to maintain a safe and reliable gas distribution system and protect consumer interests as the Commonwealth transitions from fossil fuels to a clean, increasingly electrified, and decarbonized energy future by 2050. Like the Department's leadership in examining and implementing new regulatory policies for harmonizing the state's clean energy priorities with electric grid modernization efforts,' this investigation provides the Department with the opportunity to solicit utility and stakeholder input and develop a nation-leading regulatory and policy roadmap to guide the evolution of the gas distribution industry companies, provide ratepayer protection, and allow the Commonwealth to move into its net-zero GHG emissions energy future. 3 See e.g., Vote and Order Opening Investigation, D.P.U. 12-76 (2012) (investigation into modernization of the electric grid, with workshops and written submissions from stakeholders). - 3 - I. BACKGROUND 1. Massachusetts is a national leader in climate action.4 Accordingly, the legislative, executive, and judicial branches have taken definitive and necessary steps to achieve GHG emissions reduction requirements that will result in an 85 percent reduction in emissions below 1990 levels by 2050 and achieve net-zero emissions. GWSA; Determination of Statewide Emissions Limit for 2020, supra n.1. 2. Massachusetts' GHG emissions limits are set forth in several key pieces of legislation enacted in 2008. First, the GWSA set forth target goals for the reduction of GHG emissions from all sectors of the Commonwealth's economy. The current end goal is to reduce GHG emissions by 85 percent by 2050 below the 1990 baseline emission level, with intermediary goals set for 2020 (25 percent reduction) and 2030.5 Along with the GWSA, the Green Communities Act(St. 2008, c. 169; the "GCA") created a framework to promote enhanced energy efficiency throughout the Commonwealth and required Program Administrators 4 For example, in 2007, Massachusetts led multiple states, cities and other environmental action groups to compel the Environmental Protection Agency ("EPA") to regulate carbon dioxide as a pollutant under the Clean Air Act. Massachusetts v. EPA, 549 U.S. 497 (2007). The United States Supreme Court found, among other things, that the "harms associated with climate change are serious and well recognized" and that the EPA has the statutory authority, under the §202(a)(1) of the Clean Air Act, to regulate greenhouse gas emissions. The Supreme Court reasoned that the express language of the Clean Air Act requires the EPA to promulgate regulations to protect the public health and welfare, unless it determines that greenhouse gases do not contribute to climate change. Id. In December 2009, the EPA made the endangerment finding that the current and projected concentrations of greenhouse gases in the atmosphere threaten the public health and welfare of current and future generations. Federal Register, Vol. 74, No. 239 (Dec. 15, 2009), Rules and Regulations at 66496. 5 Determination of Statewide Emissions Limit for 2020,supra n.1;see also EOEEA 2018 GWSA 10-year progress report, available at https://www.mass.gov/doc/gwsa-10-year-progress- (providing progress made in achieving the GWSA's 2020 mandate (25 percent GHG reduction below 1990 levels) and finds, based on the Massachusetts Department of Environmental Protection's 2017 GHG inventory, that GHG emissions in the Commonwealth were 22.4 percent below the 1990 baseline level). - 4 - (consisting of gas and electric utilities and municipal aggregators with approved energy efficiency plans)to develop energy efficiency plans that would"provide for the acquisition of all available energy efficiency and demand reduction resources that are cost effective or less expensive than supply." G.L. c. 25, § 21(b)(1).6 3. In May 2016, the Supreme Judicial Court clarified and reaffirmed that the GHG emission reduction limits of the GWSA are mandatory, enforceable emission limits, and not mere aspirational goals. Kain et al. v. Department of Environmental Protection, 474 Mass. 278, 288- 90 (2016). The Court in Kain also underscored that the EOEEA (of which the Department, along with the Department of Environmental Protection, is a part) is primarily responsible for administering the required emission reductions. See G.L. c. 21N, § 7; G.L. c. 21A, § 2, clause (30). 4. Similarly, in 2018, the Supreme Judicial Court recognized that the GWSA, "is designed to make Massachusetts a national, and even international, leader in the efforts to reduce the greenhouse gas emissions that cause climate change." New England Power Generators Assoc., Inc. v. Dep't of Environmental Protection, 480 Mass. 398, 399 (2018). The Supreme Judicial Court, in upholding the Department of Environmental Protection's authority to promulgate sector specific regulations under G. L. c. 21N, § 3(d), stated that the GWSA"establishes significant, `ambitious,' legally binding, short-and long-term restrictions on those emissions." Id. at 399 6 In 2018, the GCA was amended to provide Program Administrators with the authority to provide a full range of energy services to customers, including energy optimization, energy storage, renewables, active demand response and strategic electrification of home heating. An Act to Advance Clean Energy, St. 2018, c. 227. In addition, the Department now recognizes "a localized and reasonable cost value of reducing GHG emissions [that] [] the Program Administrators can claim as one of the benefits of the proposed energy efficiency programs, within the context of contributing to GWSA compliance." 2019-2021 Three year Energy Efficiency Plans, D.P.U. 18-110 through 18-119 (2019) at 69-70 (internal citations omitted). - 5 - (citations omitted) (also noting that the GWSA"was passed to address the grave threats that climate change poses to the health, economy, and natural resources of the Commonwealth"). 5. In September 2016, Governor Baker signed Executive Order 569, which set forth a comprehensive approach to meeting the Commonwealth's GHG emission goals, as well as protecting residents,businesses, and municipalities from the impacts of climate change. On January 21, 2020, in his State of the State address, Governor Baker committed the Commonwealth to achieving economy-wide "net-zero" emissions by 2050. Currently, EOEEA is working to identify cost-effective and equitable strategies to meet the 2050 long-term emission reduction mandates. The EOEEA's "80x50" final report also will inform the determination of the 2030 emissions limit and the development of the CECP for 2030, as well as provide a roadmap to achieve the GWSA's 2050 emissions reduction limit. See https://www.mass.gov/info-details/ma-decarbonization-roadmap.7 6. Of particular note, the EOEEA has reintroduced pathways identified in its 2020 CECP as foundational strategies to achieve long-term decarbonization and net-zero emissions: "1) Increase Energy Efficiency: Building weatherization,passive house construction, etc.; 2) End- Use Fuel Switching: Electric cars, hydrogen trucks, heat pumps,biofuels, etc.; 3) Expand Clean Energy: Renewable electricity, grid storage, advanced biofuels, etc.; and 4) Increased Carbon Sequestration: Conserving natural lands, best management practices." March 2020 Slide Deck, at slides 20-23.8 7 The EOEEA has undertaken a planning process to identify strategies to ensure Massachusetts reaches its GHG emissions reduction mandates and achieves net-zero emissions by 2050. The EOEEA plans to publish its findings in December 2020. It is the Department's role to ensure that the utility regulatory framework is in place to support these identified pathways. 8 In December 2010, pursuant to the GWSA, the EOEEA presented its CECP for 2020 to the Legislature. 2020 CECP, ,supra n 2. The 2020 CECP also identified increased energy - 6 - 7. Taken together, this suite of legislative,judicial, executive, and agency action evinces a strong, central policy goal across Administrations spanning over a decade to make the changes necessary to achieve net-zero carbon emissions in the Commonwealth by 2050 to address the urgent threat of climate change quickly and comprehensively. The consensus- identified pathway emerging for the residential and commercial building heating sector, under present technologies, is electrification,powered by low- or zero-emission sources. See e.g., March 2020 Slide Deck(detailing electrification of heating sector as pathway to 2050 goals).9 8. As electrification and decarbonization of heating increases, the Commonwealth's natural gas demand and usage from thermal heating requirements will decline substantially and could be near zero by 2050. Id. As the Commonwealth reduces its fossil fuel consumption, the Department should establish a consistent regulatory framework that protects customers and maintains reliability and safety during the transition. II. THE DEPARTMENT'S JURISDICTION TO INVESTIGATE 9. within the Constitutional limits of its delegated statutory jurisdiction, comprehensive authority"to regulate and control the storage, transportation and distribution of gas . . . is hereby vested in the [D]epartment." G.L. c. 164, § 105A. Further, the Department has plenary authority, on its own motion or on written complaint, to investigate at any time "as to the manner in which . . . gas is being or shall be stored, transported or distributed." Id. In construing the scope of power conferred by Section 105A the Supreme Judicial Court noted: efficiency, electrification of the heating sector and expanded clean energy as necessary elements to achieving the 2050 mandated emissions limits. 9 To better plan for this transition to electrification, commencing with the 2020 Capacity, Energy, Loads and Transmission(CELT) Report, ISO New England has begun forecasting the electrification of heating and its resulting impacts on wholesale electricity power planning and reliability studies. See https://www.iso-ne.com/static-assets/documents/2020/02/final-draft- 2020-heatelectr-v l.pdf - 7 - [T]he Legislature intended to give, and did give, . . . paramount power to the Department further to regulate and control the storage, transportation and distribution of gas and pressure under which these operations may respectively be carried on in this Commonwealth. Pereira v. New England LNG Co., Inc., 364 Mass. 109, 120 (1973) (internal citation omitted, and punctuation modified). 10. Analogizing the scope of the Department's plenary authority under G.L. c. 164, § 105A with the Department's preemptive zoning powers related to gas facilities under G.L. c. 40A, §§ 3, 10 the SJC reasoned: These two statutes in combination recognize the absolute interdependence of all parts of the Commonwealth and of all of its inhabitants in the matter of availability of public utility services, and they give to the Department the power to take action necessary to insure that all may obtain a reasonable measure of such vital services. Pereira v. New England LNG Co., Inc., 364 Mass. at 121. Accordingly, a comprehensive investigation into the LDCs' plans to transition to decarbonization is well within the broad authority that the Legislature expressly granted to the Department. Moreover, Section 76 of Chapter 164 affirms that the Department has general supervision of all gas companies and: shall make all necessary examination and inquiries and keep itself informed as to the condition of the respective properties owned by such corporations and the manner in which they are conducted with reference to the safety and convenience of the public, and as to their compliance with the provisions of law and the orders, directions and requirements of the department . . . . In addition, G.L. c. 164, § 69I requires that the Department review every two years the long- range forecast and supply plans of the LDCs. Among other priorities, G.L. c. 164, § 69I directs that these plans consider environmental impacts (defined as land use impact, water resource impact, air quality impact, solid waste impact, radiation impact, and noise impact) and that plans to expand and construct any new gas facilities be "consistent with current health, environmental protection, and resource use and development policies as adopted by the [C]ommonwealth; and - 8 - are consistent with the policies to provide a necessary energy supply for the [C]ommonwealth with a minimum impact on the environment at the lowest possible cost." 11. Thus, the Department has both the opportunity and the responsibility to undertake a comprehensive review of the LDCs' continuing gas operations in light of, and in furtherance of, the Commonwealth's GHG emission reduction mandates. Indeed, in order to carry out its mandate to ensure continuous provision of these "vital services," and protect the interests of the Commonwealth's ratepayers, such investigation is imperative. III. SIMILAR PROCEEDINGS IN OTHER STATES 12. On their own initiatives, California and New York's public utilities commissions have recently undertaken similar proceedings. 13. In January, the California Public Utilities Commission("CA PUC") opened a rulemaking proceeding with the goal of providing a process for the CA PUC to consider challenges relating to California's natural gas infrastructure safety and reliability while the state effectuates its long- term decarbonization goals. CA PUC R.20-01-007 (2020). As part of this proceeding, the CA PUC seeks to develop and adopt updated reliability standards that reflect the current and prospective challenges to gas system operators and to implement a long-term planning strategy to manage the state's transition away from natural gas-fueled technologies. Id. 14. Like Massachusetts' Gas System Enhancement Plans ("GSEP"), in 2011, the CA PUC created the Pipeline Safety Enhancement Plan("PSEP")process,which requires all gas transmission pipeline operators to outline the replacement and pressure testing of all intrastate natural gas transmission pipelines. CA PUC R.11-02-019 (2011). The total PSEP investment in California is estimated to be well over two billion dollars. CA PUC R.20-01-007 (2020), at 5. At the same time that it created the PSEP process, the CA PUC found that compliance with local - 9 - and statewide greenhouse gas legislation will necessitate the decline in natural gas demand for the foreseeable future. Id. at 10. Stakeholders recommended that the CA PUC develop long- term plans for phasing out gas utility assets and identify regulatory accounting mechanisms that will mitigate stranded costs for utilities while maintaining affordable gas rates for remaining customers. In addition to its review of safety and reliability regulations, the CA PUC will also develop a planning strategy to balance the impact that the projected gas demand reduction will have on the gas systems with the existing framework to ensure safe and reliable service, e.g., PSEP. Id. at 17.10 15. In March,the New York Public Service Commission("NY PSC") opened an investigation"to consider issues related to gas utilities' planning procedures." NY PSC Case 20- G-0131, Order Instituting Proceeding, dated March 19, 2020 (the "Order"). The NY PSC states that it"seeks to establish planning and operational practices that best support customer needs and emissions objectives while minimizing infrastructure investments and ensuring the continuation of reliable, safe, and adequate service to existing customers." Order, at 4. With the passage of its Climate Leadership and Community Protection Act,New York must achieve net-zero greenhouse gas emissions by 2050 and 100 percent emissions-free electric power sources by 2040. 16. In response to these mandated emissions requirements, the NY PSC will examine, among other things, the transparency of gas distribution company planning, non-pipe alternatives, demand response and rate design, as well as any necessary tariff and rule revisions. Within 150 days of the Order, each gas utility must file a"status report and proposals regarding the extent to 10 The CA PUC set forth a series of questions for the investigation to address. CA PUC R.20-01- 007, at 18-20 (including questions regarding long-term natural gas policy and planning). - 10 - which the gas utility currently uses or anticipates using demand reducing measures, including energy efficiency, electrification, demand response, non-pipe solutions, and other measures"to meet future demand. Order, at 12. In addition, each gas utility must report on the "potential to target existing and new energy efficiency and electrification programs and budgets to reduce near term and future infrastructure investments and emissions." Id. IV. TOPICS FOR INPUT AND DEPARTMENT CONSIDERATION 17. The Commonwealth's 2050 GHG emission reduction mandate and the anticipated decline in natural gas demand raise many questions regarding the future of gas distribution services and possible changes to the Department's rules and regulations. As an initial starting point, the AGO offers the following particular items for the Department's consideration: A. Ratepayer Protection, Equity and Fairness 18. How should the Department account for affordability concerns,particularly when the number of gas customers decline as the Commonwealth electrifies its heating sector? What additional policy measures may be necessary to ensure that no customer is left behind in the transition to a clean heating sector? How should principles of equity and fairness serve as benchmarks to protect remaining firm customers? 19. What measures should the Department take to ensure that those least able to pay are not subject to increasing distribution rates as the LDC's revenue requirement is spread over a diminishing customer sales base? Are there rate design safeguards that could help prevent inequitable and disparate impacts? 20. Not all ratepayers,particularly low-to moderate-income customers and residents of environmental justice communities will be able to cost-effectively electrify their home heating - 11 - without additional policy measures." What incentives or additional policy measures are necessary to assist in the electrification of their homes (or the adoption of another carbon-neutral alternative)? 21. To the extent some customers remain firm natural gas customers for a longer period, what regulatory measures are necessary to ensure that the LDCs continue to provide safe and reliable gas service as their customer counts decline? 22. Should shareholders pay for the diversification and expansion of the LDC's business operations to meet GHG emission limits? How should the Department determine what is business expansion vs. the provision of a monopoly service that is recoverable in rates? B. Planning, Forecast and Supply 12 23. Should the Department adjust its guidelines for review of gas LDCs' forecast and supply plans to require additional long-term forecast data addressing the Commonwealth's transition away from natural gas as a heating fuel? Should the Department require the LDCs to submit modeling/scenario analysis showing the impacts to gas demand in response to decarbonization policy and how that demand projection would affect supply and pricing? 11 Environmental justice communities in Massachusetts have long been among the poorest and most polluted in the Commonwealth. See e.g., COVID-19's Unequal Effects in Massachusetts, Report of Attorney General Maura Healey, released May 12, 2020 available at https://www.mass.gov/doc/covid-19s-unequal-effects-in-massachusetts. "[P]olicymakers at every level must work hand in hand with communities in developing and implementing steps to remedy environmental injustice and its attendant public health harms. The voices and experiences of communities of color must play a central role, and community representatives and leaders must be full partners in the work of building an environmentally just future." Id. at 8. 12 Currently, natural gas distribution companies are required to file their long-range forecast and supply plans every two years with the Department. G.L. c. 164, § 69I. By statute, the gas long- range forecast is a five-year forward-looking projection with respect to the gas requirements of an LDC's market area, including the gas send-out necessary to serve projected firm customers and the available supplies necessary to meet the projected demand. Id. Also by statute, the LDC's plan must "provide a necessary energy supply for the [C]ommonwealth with a minimum impact on the environment at the lowest possible cost." Id. - 12 - 24. Should the Department require longer-term forecasts, e.g., 10-year or 20-year projections and require the LDCs to assess various methods for meeting future demand, including but not limited to, increased energy efficiency, demand response, electrification, and other carbon- neutral options? C. Capital Investments and GSEP13 25. How much additional LDC investment is prudent in the next 30 years to ensure a safe and reliable gas distribution system, while statewide gas demand declines? 26. Are there other cost-effective alternatives to traditional distribution infrastructure investment that would be better aligned with the Commonwealth's climate goals? Should the Department require gas LDCs to present alternatives when proposing capital investment for system repairs or new gas distribution infrastructure? How should the Department compare and evaluate investment alternatives necessary for the Commonwealth's carbon-neutral energy future? 27. Should the Department require the LDCs, in their GSEPs, to demonstrate continuing need or long-term value for the proposed infrastructure investment and demonstrate how proposed GSEP investments "are consistent with the policies [outlined in G.L. c. 164, § 69H ] to provide a necessary energy supply for the Commonwealth with a minimum impact on the environment at the lowest possible cost?" 13 Pursuant to G.L. c. 164, § 145, a"gas company may file with the Department a plan to address aging or leaking natural gas infrastructure within the Commonwealth in the interest of public safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks." - 13 - 28. Should the Department require the LDCs, in their GSEPs, to compare GSEP investment with other investment alternatives, e.g., abandoning leak-prone pipes for targeted electrification initiatives and/or geo-thermal projects? 29. Should the Department adjust GSEP planning and cost recovery to mitigate against potentially stranded infrastructure investment, as well as operations and maintenance expenses as a result of declining gas demand? Should accelerated depreciation or retirement of older leak prone infrastructure alternatives be considered? Are there regulatory mechanisms to proactively maintain reasonable rates and mitigate the impact of these investments on remaining firm customers? D. Other Considerations 30. Renewable Natural Gas-Biofuel ("RNG').- What is the potential for RNG to meet future gas demand and deliver verifiable GHG emissions reductions? Is RNG readily available? What considerations are there for scalability and associated operational costs? What infrastructure investment is required to support the widescale use of RNG? What policy or legislative action might be necessary or beneficial to support investment in RNG, e.g. RPS-like requirement for RNG? 31. Renewable Natural Gas-Power-to-Gas ("P2G').- What is the potential for P2G in Massachusetts? Can P2G deliver verifiable GHG emissions reductions? Have any of the gas distribution utilities investigated the use of hydrogen as a power source? What considerations are there for scalability and associated operational costs? Is there infrastructure investment required to support the widescale use of P2G? What policy or legislative action would be necessary or beneficial to support investment in P2G? - 14 - 32. Energy Efficiency Programs: What is the viability of gas demand resource programs to meet or contribute to emission reduction goals? Are adjustments to current cost-effectiveness screening of energy efficiency programs required to allow for the implementation of a gas demand response program? Can targeted or incremental electrification offset certain future GSEP investment? Does the Department need to review and revise the energy efficiency delivery platform, including the structure of company earned performance incentives, to support achievement of the Commonwealth's climate goals? Should incentive structures be revised to allow for targeted or incremental electrification? 33. Is there an opportunity to convert some amount of fossil fuel residential heating (e.g., oil, propane, natural gas)with geo-thermal network applications? Can existing gas infrastructure or operations be used to support geo-thermal investment? What is the potential for geo-thermal ground source heating technology to meet cost-effectively the heating/cooling needs in the Commonwealth vs. air source heat pump electrification? Should geo-thermal opportunities be administered through program administrators? LDCs? Other market-based third-party organizations? Other governmental agencies? What are the scalability and costs to implement a statewide geo-thermal effort? What policy is required to support investment in geo-thermal networks? 34. Other technologies: Are there alternative technologies available (or in development)to electrification that can satisfy the building sector's heating needs and meet the GWSA emission reductions? 35. Continued Sustainability of Gas Distribution as Usual: Can the LDCs sustain their current business model as the Commonwealth takes affirmative action to electrify - 15 - and decarbonize the heating sector? What does the LDC look like in 203 0? 2040? 2050? Are there different business models to be considered? Should LDCs plan to adapt to the new energy future by expanding business lines? What will be required of gas LDCs in meaningfully contributing to the achievement of the Commonwealth's GHG emission reduction mandates? Are there unique opportunities for LDCs that share a parent company with an electric company? V. PROPOSED PHASED INVESTIGATION 36. The AGO recommends that the Department investigate in two phases. In the first phase, the Department would direct the LDCs to submit detailed economic analyses and business plans depicting future gas demand in a carbon-constrained economy, as well as probable revenues, expenses, and investments. The LDCs would also address the challenges that a substantially decarbonized economy creates for them and present ideas and solutions for the LDCs of the near and far-term future as the Commonwealth transitions its heating sector away from fossil fuels. This first phase also would include stakeholder input regarding issues such as necessary regulatory changes,policy and legislative directives, as well as gas business operation changes necessary to accommodate the Commonwealth's GHG emission mandates.14 Like its grid modernization investigation in D.P.U. 12-76, the Department could conduct or sponsor workshops or working groups to evaluate and flesh out the submitted stakeholder plans and proposals and to strive for a consensus framework and timeline for future Department action. 37. The second phase of the proposed investigation would seek the development and implementation of the necessary policy,business, and regulatory pathways to achieve the 14 Stakeholders may also consider proposing alternative business and regulatory models that could sustain the continued operation of gas distribution companies in a decarbonized 2050. - 16 - Commonwealth's climate change mandates and protect the Commonwealth's gas consumers. The Department (or working group) could develop straw proposals regarding proposed regulatory, legislative, and policy initiatives required to support the Commonwealth's climate policy and actions, mitigate unnecessary investment in gas distribution assets, and protect ratepayers from increasing gas distribution costs. The utilities and participating stakeholders should have an opportunity to comment on the straw proposals prior to the Department's final order. The Department's final action would be to issue an order providing both the policy and regulatory framework necessary to protect ratepayers and provide necessary guidance for the LDCs regarding the Commonwealth's increasingly decarbonized future. VI. CONCLUSION 38. Pursuant to its authority pursuant to G.L. c. 164, §§ 76, 105A, the Department should take proactive steps to investigate the future role of the LDCs as the Commonwealth transitions to a clean, increasingly electrified, and decarbonized heating sector. An investigation will provide the platform for the Department to assess fully the prevailing concerns and relevant issues facing LDCs and enable it to develop policies and a regulatory framework to ensure an orderly and fair transition to a clean energy heating sector, to ensure continued safe and reliable gas service even as demand declines, and to ensure that consumers do not pay unnecessary costs. - 17 - WHEREFORE, the AGO respectfully requests the Department open an investigation, as described above, to examine the issues facing gas distribution companies as the Commonwealth rapidly moves to achieve its 2050 GHG emission reduction mandate. Respectfully submitted, Is/Rebecca L. Teppe Rebecca L. Tepper Chief, Energy and Telecommunications Division Jo Ann Bodemer Donald W. Boecke Assistant Attorneys General Massachusetts Attorney General Office of Ratepayer Advocacy One Ashburton Place Boston, MA 02108 (617) 727-2200 Dated: June 4, 2020 - 18 -