Amendment ID: S2819-89
Amendment 89
Restrict the use of fossil fuels in new construction projects
Ms. Friedman, Ms. Chang-Diaz, Ms. Jehlen, Mr. Gomez, Ms. Comerford, Ms. Edwards, Ms. Rausch and Ms. Lovely move that the proposed new text be amended by striking out Section 52 and inserting in place thereof the following section:-
SECTION 52. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Fossil fuel-free”, as so designated, pursuant to a city or town ordinance or bylaw. to include, but not be limited to, an entire building or entire condominium unit that does not, in support of its operation after construction, utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels.
“Local approval”, by a majority vote of the: (i) city council with the approval of the mayor in the case of a city with a mayor elected to serve as the chief executive officer of the city; (ii) city council in every other city; (iii) annual town meeting or a special meeting called for that purpose in the case of a municipality with a town meeting form of government; or (iv) town council in the case of a municipality with a town council form of government.
(b) Notwithstanding chapter 40A, section 13 of chapter 142 and chapter 164 of the General Laws or any other general or special law to the contrary, the department of energy resources shall establish a demonstration program, under which cities and towns may adopt and amend general or zoning by-laws that restrict or prohibit new building construction or major renovation projects that are not fossil fuel-free and enforce restrictions and prohibitions on new building construction and major renovation projects that are not fossil fuel-free, including through the withholding or conditioning of building permits.
Upon application, the department shall accept into the demonstration program established pursuant to this section any city or town that has given local approval, prior to the effective date of this act, to a general or zoning provision that restricts or prohibits new building construction or major renovation projects that are not fossil fuel-free, and, in the case of a town, each such general or zoning by-law provision shall be deemed to be in full force and effect upon its publication in accordance with the requirements set forth in section 32 of chapter 40 but not sooner than 30 days after submitting the town’s application to the department. In addition, the department shall approve any applications from Gateway Cities or cities having a population in excess of 50,000 people and, in addition, not fewer than 20 and not more than 30 applications from other cities or towns, to participate in the demonstration program established pursuant this section. In approving an application under this section from a city or town that did not give prior local approval to a general or zoning provision that restricts or prohibits new building construction or major renovation projects that are not fossil fuel-free, the department shall promote regional and demographic diversity among the cities and towns participating in the demonstration program. No city or town shall apply for such demonstration program until it has given local approval to a general or zoning provision that restricts or prohibits new building construction or major renovation projects that are not fossil fuel-free.
Nothing in this section shall inhibit or interfere with the department’s obligation to adopt a municipal opt-in specialized stretch energy code that includes, but shall not be limited to, net-zero building performance standards and a definition of net-zero building under section 31 of chapter 8 of the acts of 2021. Nor shall anything in this section limit the ability of any city or town to opt in to such specialized code following its adoption; provided, however , that nothing in this section shall interfere with the department’s authority to set restrictions or limitations on fossil fuel construction necessary to meet the department’s obligation to adopt the specialized stretch energy code’s net-zero building performance standards and definition of net-zero building designed to achieve compliance with the commonwealth’s statewide greenhouse gas emission limits and sublimits established pursuant to chapter 21N.
The department may collect data from cities and towns participating in the demonstration program established pursuant this section in order to evaluate barriers to the city’s or town’s efficient implementation of its restrictions or prohibitions of new building construction or major renovation projects that are not fossil fuel-free or to determine best practices for such implementation in other cities or towns. Such data collection shall be as conducted by the department in consultation with the participating cities and towns.