Exemptions

MOEC can grant a limited number of exemptions in a given fiscal year for projects that demonstrate an exemption is absolutely necessary and in the public interest. Exemptions will be considered on a case-by-case basis and are largely limited by law.

If an agency or entity determines to request an exemption, they will need to take steps and submit an exemption request including the following required materials for MOEC to review.

1. Exemption Application Form: this form must be completed and submitted for review of the project information to affirm the applicable standards for which the exemption is being requested, as well as a justification for why the standards cannot be met.
2. Application Clarification and Discussion: if needed, a meeting will be requested to ascertain additional information and clarify aspects of the justification, or to discuss the application’s merit and potential alternative strategies.
3. Exemption Application Letter: after the information in the exemption application form is affirmed, the requesting entity will be required to submit a letter to MOEC on the entity's letterhead, detailing the project information and justification, signed off by an entity principal. See template for refence.

Upon receipt of the above and pending approval, the Director of MOEC will issue a signed letter of the specified exemption for the record. Subsequent information may be requested regarding the project and its related outcomes for reporting purposes. Potential exemption applications must be submitted prior to the construction phase of any project and should be submitted as soon as possibly determined as a necessary route during design or prior to bid.

Template Exemption Application Letter:

• Application letter must be on city agency or similar entity letterhead.
• Addressed to the Director of MOEC
• Include a description of the project including name, site address, budget at time of request, and any other characteristics that serve as criteria for the specified standard requirements.
• State clearly the provisions and subsequent standard requirements that are applicable to the project and for which an exemption is being sought.
• Explain in adequate detail the reasons why it is not in the public’s interest to achieve the prescribed standard that serves as the justification for seeking an exemption. If applicable, include any standards that will be met in lieu of being exempt as requested.
• Include a signature of a principal of the requesting agency or similar entity, or related proxy.
• Copy as needed other stakeholders or relevant parties that should also be included on any notice of approval. Within correspondence submitting the letter, include contact emails of individuals listed.

Prospective Steps and Approximate Timeline:

• Exemption application form is submitted and received by MOEC (1-2 weeks)
• MOEC requests additional information or clarification meeting (1-2 weeks)
• If justification accepted, MOEC requests exemption application letter (1-2 weeks after receipt)
• Approval letter sent to listed stakeholders or other parties
• Additional information on project outcomes may be requested as needed

CGPB Exemption Fact Sheet