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Legislative Matters Committee

Monday, October 30, 2023 at 6 PM

Online only

This meeting has happened. Minutes are final.

What happened

3 items of legislation were taken up.

  • 1 accepted as amended
  • 1 kept in committee
  • 1 recommended to be approved

Agenda 3 items

Notices from the agenda

This meeting was held via Zoom and was called to order by Chair Davis at 6:02 pm and adjourned at 7:45 pm with a roll call vote of 4 in favor (Councilor McLaughlin, Councilor Burnley, Councilor Kelly and Chair Davis), none opposed, and 1 absent (Councilor Scott). Others present: Neha Singh – Mayor’s Office, Brendan Salisbury – City Clerk’s Office, Christine Blais – OSE, Stephanie Widzowski – Clerk of Committees.

Referenced Documents: • Legislative Matters - 2023-10-30 FFF-Ordinance-ModelRule-Highlighted (with 23-1590) • Legislative Matters - 2023-10-30 Letters of Support (with 23-1590)

(Posted online: 10/26/23 at 7:00 AM) Original (Posted online: 10/28/23 at 9:00 AM) Revised

Pursuant to Chapter 2 of the Acts of 2023, this meeting of a City Council Committee will be conducted via remote participation. We will post an audio recording, audio-video recording, transcript, or other comprehensive record of these proceedings as soon as possible after the meeting on the City of Somerville website and local cable access government channels. Copy & paste the following link into your internet browser to view this meeting live: https://us02web.zoom.us/webinar/register/WN_7xxxGRHzQyyS8R3VSEx6Ow Individuals with disabilities who need auxiliary aids and services for effective communication (i.e. CART, ASL), written materials in alternative formats, or reasonable modifications in policies and procedures, in order to access the programs and activities of the City of Somerville or to attend meetings, should contact Adrienne Pomeroy in advance, at 617-625-6600 x2059 or ada@somervillema.gov.

Roll Call

  1. 1.
    23-1569 Committee Minutes Accepted as amended

    Approval of the Minutes of the Legislative Matters Committee Meeting of October 17, 2023.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\cf1\i\f0\fs24 Chair Davis moved to amend the minutes of the Legislative Matters Committee Meeting of October 17, 2023 to add that Councilor Burnley moved to recommend approval of item 23-0076 as amended, as well as the ensuing vote. \i0 The motion was approved on a roll call vote of 4 in favor (Councilor Scott, Councilor McLaughlin, Councilor Kelly and Chair Davis), 1 absent (Councilor Burnley) and none opposed. Chair Davis then moved to recommend approval of the minutes as amended.\par }

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAye
    • Willie Burnley Jr.Absent
    • Matthew McLaughlinAye
    • Jefferson Thomas (J.T.) ScottAye
  2. 2.
    23-0318 Order Kept in committee

    That this Council draft a Home Rule Petition to authorize Somerville to regulate against rent gouging by establishing Rent Stabilization.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Chair Davis said that city staff are working on a draft of the Home Rule Petition, and he kept the item in committee so that councilors would have more time to review the item attachments.\par \pard\cf1\f1\par }

  3. 3.
    23-1590 Mayor's Request Recommended to be approved

    Requesting ordainment of an amendment to the Code of Ordinances to add Chapter 6 Article VII to restrict and prohibit new building construction and major renovation projects that are not fossil fuel-free.

    {\rtf1\ansi\ansicpg1252\deff0\deflang1033{\fonttbl{\f0\froman\fprq2\fcharset0 Times New Roman;}{\f1\fnil\fcharset0 Times New Roman;}} {\colortbl ;\red0\green0\blue0;} \viewkind4\uc1\pard\nowidctlpar\qj\f0\fs24 Dir. Blais gave background on the fossil fuel-free ordinance, discussed the contents of the ordinance, and then talked about the demonstration project. As part of the background, she explained that the opt-in program for municipalities filing Home Rule Petitions (HRPs) to restrict or prohibit fossil fuel infrastructure was restricted to 10 communities when finalized. There is one open slot left, for which Somerville is competing with others. Requirements for the program include passing an ordinance restricting or prohibiting fossil fuels in new construction or major renovations, showing how the ordinance deviates from the Department of Energy Resources model rule, and creating an implementation plan. Dir. Blais talked about Somerville\rquote s approach, focusing on efforts to include community members earlier in the ordinance drafting process. She said that the ordinance would need to be passed by February 11, 2024 to strengthen Somerville\rquote s application, but the case scenario would be to pass the ordinance sooner so it can be in effect by the time the application is submitted.\par \par Councilor Kelly requested that letters of support from the community be attached to the agenda as a handout. The attachment is available online under the name \ldblquote Legislative Matters - 2023-10-30 Letters of Support (with 23-1590)\rdblquote .\par \par Dir. Blais went through highlighted sections line by line of the document \ldblquote Legislative Matters - 2023-10-30 FFF-Ordinance-ModelRule-Highlighted (with 23-1590)\rdblquote , attached to the agenda. Chair Davis asked about Level 3 Alterations and the threshold for major renovation. Councilor Scott asked about section E of the Major Renovations definition, which covers change of use for over 1000 sq ft. of a residential building. They said that, though the section is intended to align with the specialized code, the related section in the specialized code depends on the square footage of the use area \i and\i0 whether the project exceeds 50% of the existing floor area. This led to a discussion of the reasoning behind, and implications of, using \i and\i0 or \i or\i0 with those two conditions. Cambridge legislation restricting fossil fuel infrastructure also influenced this ordinance, which was discussed. Councilor Scott said that the priority seems to be to have something passed soon, but that they want to make sure this outstanding question and others that may arise are scheduled to be addressed.\fs22\par \fs24\par Councilor Burnley asked about an exemption in Sec. 6-94.c.i.4 for multifamily buildings over 12,000 sq ft. that file a permit before January 2027. Dir. Blais said that the language is based on the Department of Energy Resources model rule, and that the timing may be to ensure feasibility from a cost and technology perspective. Councilor Burnley also asked whether the language in this ordinance is consistent with the Code of Ordinances or is based on other sources, and whether additional action is expected for this item in the future. Dir. Blais said that follow-ups are expected with both the fossil fuel-free ordinance and the specialized code. She added that community members requested financial incentives for divesting from fossil fuels, for which a separate piece is being drafted for the Zoning code.\par \pard\cf1\f1\par }

    Roll call: 4 aye · 1 absent
    • Lance L. DavisAye
    • Charlotte KellyAbsent
    • Willie Burnley Jr.Aye
    • Matthew McLaughlinAye
    • Jefferson Thomas (J.T.) ScottAye