Boston: Divest from Fossil Fuels!

Congratulations to Boston City Councilors Lydia Edwards, Michelle Wu, and Matt O’Malley for having introduced on March 17 an ordinance that would divest City funds from the fossil fuel, tobacco, and private prison industries. As Councilor Edwards tweeted: “Boston has led on divestment before. It’s an effective strategy. We need to put our money where our mouth is.” You can view of video of the City Council meeting at https://www.youtube.com/watch?v=rpgPrJlA9kU. The introduction of the proposal begins at 19:00.

All City Councilors except Councilor Baker signed on in support of the proposal during the City Council meeting.

If you live in Councilor Baker’s district, we urge you contact him in support of this divestment proposal: Frank.Baker@Boston.gov or 617-635-3455.

If you live elsewhere in Boston, check to see if your Councilor serves on the Committee on Government Operations and urge them to take urgent action to move this proposal forward.

The proposal can be found at https://meetingrecords.cityofboston.gov/sirepub/cache/2/szzfwfbwhhyhd3eladi13p4o/3194760317202107251154.PDF on page 13.

The text is also copied below:

AN ORDINANCE RELATIVE TO THE INVESTMENTS OF THE CITY TREASURY

WHEREAS: The City of Boston exercises significant discretion in investments of the City Treasury; and

WHEREAS: Investments of the City Treasury carry significant exposure to fossil fuels; and

WHEREAS: Climate change is an existential threat, requiring mobilization across every sector of government and society; and

WHEREAS: The City of Boston and Commonwealth of Massachusetts have established strict greenhouse gas emission reduction goals in order to climate change; and

WHEREAS: In 2014 and 2019, the Council held hearings related to divestment from fossil fuels; and

WHEREAS: The Council has previously voted to support state legislation authorizing and directing pension fund investment; and

WHEREAS: In February 2019, the City of Boston updated its Cash Investment Policy to promote Environmental, Social and Governance standards in local investments; and

WHEREAS: The Boston City Council has taken local action to divest the City Treasury from tobacco, to promote human rights and to combat apartheid; and

WHEREAS: Additional measures to promote sustainability and socially responsible investment are necessary; NOW

THEREFORE BE IT ORDERED:

Be it ordained by the City of Boston, as follows:

SECTION 1. The City of Boston Code, Ordinances, Chapter 6, Section 3, is hereby amended by striking section 6-3.7 and replacing it with the following:

6-3.7 Prohibiting Certain Local Investments

(a) No public funds under the care and custody of the Collector-Treasurer of the City of Boston, as specified in subsection 6-3.11, shall be invested or remain invested in the stocks, securities or other obligations of any company which derives more than fifteen (15%) percent of its revenue from the sale of tobacco products.

(b) No public funds under the care and custody of the Collector-Treasurer of the City of Boston, as specified in subsection 6-3.11, shall be invested or remain invested in the stocks, securities or other obligations of any company which derives more than fifteen (15%) percent of its revenue from the combustion, distribution, extraction, manufacture, or sale of fossil fuels, which shall include coal, oil and gas, or fossil fuel products. The Collector-Treasurer of the City of Boston shall divest public funds under their care from investments related to fossil fuels no later than December 31st, 2025.

An electric distribution company with corporate affiliates that combust, distribute, extract, manufacture or sell fossil fuels shall be considered a fossil fuel investment.

The Collector-Treasurer shall establish a screen for non-fossil fuel energy sources, including biomass energy, and related combustion activities, including incineration technologies such as gasification and pyrolysis, which have a deleterious impact on the human health and the environment by (1) negatively impacting climate change and/or (2) contributing to asthma, chronic obstructive pulmonary disorders, cardiovascular diseases or premature death.

(c) No public funds shall be invested or remain invested in the stocks, securities or other obligations of any company which derives more than fifteen (15%) percent of its revenue from the operation, maintenance, servicing or supply of carceral facilities.

(d) Any proceeds of the sales required under this subsection shall be invested as much as reasonably possible in institutions or companies which invest or conduct business or operations in the City of Boston or the Commonwealth of Massachusetts so long as such use is consistent with sound investment policy.

SECTION 2. The City of Boston Code, Ordinances, Chapter 6, Section 3, is hereby amended by inserting after section 6-3.7 the following:

6-3.7.2

Report on Local Investment Within 120 days of enactment on this section, the Collector-Treasurer shall submit a report to the Boston City Council regarding the feasibility and legality of alternative investment strategies. Such report shall include:

● A review of the financial instruments and investments permitted for the city treasury

● A review of the financial instruments and investments permitted for the pension funds of the City of Boston and its affiliates

● An analysis of the feasibility and legality for the City of Boston to direct investment toward (1) land or housing; (2) community economic development, included in cooperative businesses and businesses that are not publicly traded through a stock market index; (3) public infrastructure within the Commonwealth of Massachusetts; (4) public infrastructure outside of the Commonwealth of Massachusetts. To the extent such investments are not directly permitted, the Collector-Treasurer shall investigate whether similar investments could be made through combined investment funds or banking or trust investments authorized by Section 55 of Chapter 44, Section 38A of Chapter 29, or other relevant sections of the General Laws.

● A review of any strategies the City currently employs to effectuate local investment

SECTION 3. This ordinance shall take effect upon signing.

Filed On: March 17, 2021

EEOS comes to BCAN to discuss the CAP update

On November 14, BCAN was fortunate enough to host special guests Kat Eshel, Ben Silverman, and David Musselman from Environment, Energy, and Open Space (EEOS), who presented on the work they are doing within Mayor Walsh’s office to combat climate change and its consequences for Boston. They provided us with a comprehensive overview of the City’s Climate Action Plan (CAP) 2019 update, and specifically of the City’s strategies for accomplishing the goal of reducing Boston’s total carbon emissions by 50% by 2030, and reaching carbon-neutral by 2050. Boston’s primary objectives are to:

  • decrease energy demand and increase efficiency,
  • replace fossil fuel burning technologies with all-electric alternatives, and
  • achieve 100% clean energy use.

The City’s strategy acknowledges that mitigation and adaptation efforts must occur simultaneously in order to effectively address the risks climate change poses to the health and resilience of our city and its constituents. While adaptation strategies, such as preparing our infrastructure for rising sea levels, extreme weather events, and other climate-related risks, are no doubt important, the EEOS department wisely noted that without meaningful and timely mitigation efforts, any climate adaptation steps taken will be rendered useless as the earth’s climate continues to change. In essence, making widespread efforts to adapt to an ever-changing climate (without actively combating the problem) would require constant updates using ever-depleting resources.

As you may be aware (we hope!), BCAN is focusing heavily on green buildings and strengthening BERDO (Building Energy and Reporting Disclosure Ordinance). Back in November some of our BCAN members volunteered to dig a bit deeper into the CAP update, and noted three particular concerns in a previous blog post: timeline for amending BERDO, lack of clarity around a plan for addressing buildings under 35,000 square feet, and no mention of enforcement penalties for noncompliance. In anticipation of our meeting with the EEOS team, we sent them these questions beforehand, and EEOS presenters thoughtfully incorporated them into their discussion.

Concern #1: the City’s timeline for amending BERDO seems too slow in light of our climate emergency, with a plan to develop standards in 2020 and propose an official amendment in 2021. While we appreciate the public process that must precede regulations of private buildings, we want the City of move faster on retrofits of municipal buildings. The Mayor deserves major props for announcing that all new municipal buildings being designed now will have to meet net-zero standards. Still, the City’s existing municipal buildings need substantial energy-saving retrofits and the City already has a dedicated program, the Renew Boston Trust, that could fund these projects at an accelerated pace.

EEOS reported that they are in the process of auditing the portfolio of municipal buildings to determine what measures they can take to establish a more aggressive timetable, and weigh the potential costs of retrofits with potential savings and emission reduction.

Concern #2: the update does not outline a plan for addressing buildings under 35,000 square feet. 

EEOS replied, Step 8 of the building performance standard strategy is all about identifying solutions for non-BERDO-regulated buildings. EEOS wants to work with experts and community groups and encouraged us to come to them with policy proposals, and identify buildings that might serve as good test cases for a whole-building retrofit!

Concern #3: the update does not address enforcement penalties for noncompliance with BERDO.

EEOS acknowledged the importance of enforcement strategies and penalties for noncompliance. They confirmed that as they develop the policies and regulations, they will also develop “accountability mechanisms” to ensure that building owners are not just incentivized to participate, but in fact face consequences if they do not.

Here at BCAN we feel fortunate for this presentation, and the opportunity for honest conversation and collaboration with EEOS. Knowing the City’s priorities helps organizations like ours to identify action steps that align with their initiatives, and provides increased opportunities for meaningful partnership. This is an encouraging example of healthy, substantive dialogue between a community organization and its political representatives.

We encourage you to read EEOS’ presentation to BCAN and join us in person at our next Action Team meeting to discuss our next steps! 

Boston Must Lead By Example — 2019 Climate Action Plan Update

The City of Boston recently published its Climate Action Plan (CAP) 2019 Update, which lays out a five-year decarbonization roadmap aligned with the ultimate goal of carbon neutrality by 2050.  BCAN volunteers have taken a close look at the part of the CAP that relates to reducing carbon emissions from existing buildings, since this sector accounts for more than half of Boston’s total greenhouse gas emissions.

One of the key ideas outlined in the CAP is that of carbon emissions performance standards,  mandatory carbon emissions targets by building type that decrease over time. The emissions standards would be established by amending the City’s Building Energy Reporting and Disclosure Ordinance (BERDO), which currently applies to buildings of 35,000 or more square feet. The process of developing these standards will begin in 2020, and the City expects to propose an amendment to BERDO in 2021. 

Establishing building performance standards is an important step forward toward carbon neutrality.  Low-carbon buildings save money and bring better health to occupants. Setting standards would give property owners clear mandates to guide their maintenance schedules and would show that the City is taking climate change seriously.

We applaud the City for recognizing that establishing performance standards is a crucial element of what must get done in the next 5 years if we are to meet our 2050 goal. We value the public process that must precede putting more teeth into BERDO, but given that we are in a climate emergency, we are concerned that the City’s timeline for retrofitting existing municipal buildings seems very slow.

According to the CAP, the City intends to reduce annual emissions from municipal buildings by a mere one percent in 2019, plus an unspecified “additional emissions reductions” in 2020 and beyond.  Municipal building upgrades are not dependent upon a public process, and an explicit and ambitious timeline for deep energy retrofits of every City-owned building must be made public in 2020. The goal for carbon neutrality in City-owned buildings should be set much sooner than for private buildings.

We are also concerned that there is no plan to address existing buildings under 35,000 square feet. In the near-term, the threshold for BERDO should be lowered.  Also, two promising ideas that would benefit many residents should be pursued: rental energy efficiency requirements and energy scorecards that must be made public when a property is rented or sold.  Scorecards would empower buyers and renters and create a market-based incentive for owners and landlords to reduce fossil fuel consumption. Both of these ideas should be researched, and if possible established, within this current 5-year plan.

Lastly, we are concerned that the CAP does not address enforcement penalties for non-compliance with BERDO.  At present a number of building owners regulated by BERDO have not even complied with the existing mandate to make public their energy use data. Given Boston’s extreme vulnerability to flooding and heat waves, and the consequences of climate change for those worldwide who have contributed the least to the climate emergency, we must use sticks as well as carrots to push Boston’s building owners to decarbonize as quickly as possible.

Read more about our campaign to strengthen and expand Boston’s Building Energy Reporting and Disclosure Ordinance (BERDO) at https://bostoncan.org/green-buildings/.

You can find Boston’s website about BERDO at https://www.boston.gov/departments/environment/building-energy-reporting-and-disclosure-ordinance.

You can read more about Boston’s Climate Action Plan at https://www.boston.gov/departments/environment/boston-climate-action#climate-action-plan.