HOUSE DOCKET, NO. 3427        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3390

The Commonwealth of Massachusetts

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PRESENTED BY:

Mike Connolly

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act promoting solar-ready construction.

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PETITION OF:

HOUSE DOCKET, NO. 3427        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3390

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act promoting solar-ready construction.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

The General Laws, as appearing in the 2014 Official Edition, are hereby amended by inserting after chapter 143 the following chapter:-

CHAPTER 143A. SOLAR-READY BUILDINGS.

Section 1. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:-

“Board”, state board of building regulations and standards.

“Department”, department of public safety.

“Developer”, any person or company that constructs residential or commercial buildings.

“New construction”, any newly constructed residential or commercial building that requires a building permit to proceed.

“Solar energy system”, any system that uses solar energy to provide all or a portion of the electrical needs of a residential or commercial building.

“Solar hot water heater”, any system that uses solar energy to heat water for use in a residential or commercial building.

“Substitute renewable energy system”, any system that uses renewable energy resources, including wind and geothermal heat, to provide for all or a portion of the electrical needs of a residential or commercial building.

“Substitute renewable hot water system”, any system that uses renewable energy resources, including geothermal heat, to provide for all or a portion of the hot water needs of a residential or commercial building.

Section 2. All new construction shall be built to accommodate the installation of a solar energy system and solar hot water heater in accordance with regulations adopted by the board, and in accordance with the following sections.

Section 3. (a) The board shall promulgate regulations within 1 year from the passage of this act to amend the state building code to establish minimum standards that must be met for new construction to accommodate a solar energy system.

(b) In drafting the regulations, the board shall take into account existing building code requirements and compliance costs. The board shall also consult with scientists, engineers, and professional societies with relevant expertise in solar energy systems and building construction.

(c) At a minimum, the board shall include requirements for: (1) static load roof strength, with a requirement that roofing where solar equipment could be placed be capable of supporting a minimum of 6 pounds per square foot; (2) placement of non-solar related rooftop equipment, taking into account positioning that avoids shading of solar equipment and maximization of continuous roof space; (3) sizing and provision of extra electrical panels to accommodate the addition of an appropriately sized future solar energy system; and (4) provision of space for a solar energy system DC-AC inverter in the utility room or on an outside wall.

(d) The board shall also consider including requirements for: (1) roof orientation and angle; (2) roof types that are compatible with a solar installation mounting strategy that will require minimal or no roof penetrations; and (3) a conduit for wiring from roof to electric panel.

(e) To the extent necessary, the board shall promulgate separate standards for residential and commercial construction.

Section 4. (a) The board shall promulgate regulations within 1 year from the passage of this act to amend the state building code to establish minimum standards that must be met for new construction to accommodate a solar hot water heater.

(b) In drafting the regulations, the board shall take into account existing building code requirements and compliance costs. The board shall also consult with scientists, engineers, and professional societies with relevant expertise in solar hot water heating and building construction.

(c) At a minimum, the board shall include requirements for: (1) static load roof strength, with a requirement that roofing where solar equipment could be placed be capable of supporting a minimum of 6 pounds per square foot; (2) placement of non-solar related rooftop equipment, taking into account positioning that avoids shading of solar equipment and maximization of continuous roof space; (3) provision of sufficient free space in utility rooms for solar hot water equipment at a minimum of one times the space required for the conventional water heating equipment; (4) plumbing that will allow solar hot water piping to be attached to a conventional system without requiring the building water system to be depressurized; (5) planning hot water distribution systems to accommodate solar hot water system integration; and (6) on-demand water heaters that can operate in conjunction with a solar hot water heater, or domestic hot water tanks that are capable of being integrated with a solar hot water heater.

(d) The board shall also consider including requirements for: (1) roof orientation and angle; (2) roof types that are compatible with a solar installation mounting strategy that will require minimal or no roof penetrations; (3) plumbing installed from the utility room to the roof of the building; and (4) metering of hot water load in commercial buildings.

(e) To the extent necessary, the board shall promulgate separate standards for residential and commercial construction.

Section 5. In developing regulations under sections 3 and 4 of this chapter, the board shall consult with the department of energy resources, the Massachusetts Clean Energy Center, and other state agencies with relevant expertise.

Section 6. (a) Developers may seek an exemption from the inspector of buildings or building commissioner from the requirements under sections 3 or 4 of this chapter upon a sufficient showing that: (1) accommodation of a solar energy system or solar hot water heater would be impractical due to poor solar resources at a site of new construction, or (2) a substitute renewable energy system or a substitute renewable hot water system will be installed at the time of construction.

(b) The board shall promulgate regulations that define what constitutes a poor solar resource such that a building should be exempted; provided that no building be considered to have a poor solar resource if it is practicable to generate at least 50 percent of the average annual electricity consumption for a typical building of that size and type with a rooftop solar energy system.

(c) The board shall promulgate regulations within 1 year of the passage of this act that clearly define the process for seeking an exemption.

Section 7. (a) All future editions and amended versions of the building code, as adopted by the board, shall include minimum standards that must be met for new construction to accommodate a solar energy system and a solar hot water heater. These standards shall incorporate the provisions of subsections (c) and (d) of section 3 and subsections (c) and (d) of section 4 of this chapter.

(b) The board may from time to time revise the regulations promulgated under sections 3 and 4 of this chapter, in accordance with changes in technology and building practices; provided that all revisions to the regulations shall meet the requirements of subsections (c) and (d) of section 3 and subsections (c) and (d) of section 4 of this chapter.

Section 8. Compliance with the provisions of this act shall not impair a pre-existing building’s eligibility for any incentives, rebates, credits, or other programs in existence to encourage development of renewable resources.

Section 9. A building permit for new construction shall not be granted without a showing that the building complies with the requirements of this chapter.

Section 10. Any person who fails to comply with or otherwise violates this chapter shall be liable for a civil administrative penalty not to exceed $10,000 for each violation, or twice the estimated additional cost that would have been incurred by constructing a building to meet the requirements of this chapter, whichever is greater.