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HOUSE DOCKET, NO. 4023 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2038
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Simon Cataldo
_________________
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 to prohibit the expansion of fossil fuel infrastructure for new construction in the town of
Concord.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/20/2023Carmine Lawrence Gentile13th Middlesex1/20/2023 1 of 4
HOUSE DOCKET, NO. 4023 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2038
By Representative Cataldo of Concord, a petition (accompanied by bill, House, No. 2038) of
Simon Cataldo and Carmine Lawrence Gentile (by vote of the town) for legislation to prohibit
the expansion of fossil fuel infrastructure for new construction in the town of Concord.
Municipalities and Regional Government. [Local Approval Received.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to prohibit the expansion of fossil fuel infrastructure for new construction in the town of
Concord.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. Purpose
2 This Bylaw is adopted by the Town of Concord to protect the health, safety and welfare
3of the inhabitants of the town from the effects of air pollution, including greenhouse gas
4emissions that are contributing to climate change, and from fuel leaks and explosions that
5threaten the Town and its inhabitants.
6 Section 2. Definitions
7 For the purposes of this bylaw, the following definitions shall apply:
8 “Building” shall have the same meaning as set forth in Section 1.3.4 of the Concord
9Zoning Bylaw, provided that the pertinent structure is or will be furnished with a heating or hot
10water system. 2 of 4
11 “Effective Date” shall mean six months following the date by which the Town is
12authorized by the Department of Energy Resources to regulate fossil fuel infrastructure.
13 “New Building” shall mean any new construction that will require heating or cooling and
14that is associated with a valid building permit application on or after the effective date of this
15bylaw, including but not limited to, construction (a) on a vacant lot, (b) to replace a demolished
16building, or (c) of a new accessory building constructed on an existing residential or commercial
17property.
18 “On-Site Fossil Fuel Infrastructure” shall mean piping for coal, oil, natural gas or other
19fuel hydrocarbons, including synthetic equivalents, or other fossil fuels that are in a building, in
20connection with a building, or otherwise within the property lines of a premises, extending from
21a supply tank or from the point of delivery behind a gas meter (customer-side of a gas meter).
22 Section 3. Applicability and Exemptions
23 3.1. On and after the Effective Date, no building permit shall be issued by the Town for
24the construction of New Buildings or that include the installation of new On-Site Fossil Fuel
25Infrastructure subject to this Chapter.
26 3.2. The provisions of this bylaw shall not apply to (i) the development of new affordable
27housing, as defined in Mass. Gen. Laws c. 184, § 26; (ii) to cooking stoves and ovens used in
28restaurants or commercial kitchens; (iii) any fossil fuel infrastructure the exclusive purpose of
29which is to fuel backup electrical generators; (iv) public utilities, their operations, or installations
30other than in the Buildings constructed by others; or (v) research laboratories for scientific or
31medical research, or to hospitals or medical offices regulated by the department of public health
32as a health care facility. 3 of 4
33 3.3. The requirements of this article shall not apply to the piping required to produce
34potable or domestic hot water from centralized hot water systems in buildings with building floor
35areas of at least 10,000 square feet, provided that the Engineer of Record certifies that no
36commercially available electric hot water heater exists that could meet the required hot water
37demand for less than 150% of installation or operational costs, compared to a conventional
38fossil-fuel hot water system.
39 Section 4. Administration
40 4.1 . Enforcement
41 The Building and Inspections Department is hereby authorized to enforce the provisions
42of this bylaw.
43 Section 5. Appeal
44 Any applicant who is aggrieved by a denial of a building permit, in whole or part, in
45connection with this bylaw, may appeal to the board or committee designated by the Town
46Manager to hear and resolve such appeals within 20 days from the date of denial.
47 Section 6. Severability
48 Each provision of this bylaw shall be construed as separate to the extent that if any
49section,
50 sentence, clause or phrase is held to be invalid for any reason, the remainder of the by-
51law
52 shall continue in full force and effect. 4 of 4
53 Section 7. Reporting
54 The Town Manager, or the Town Manager’s designee, shall provide data and other
55information on the impacts of this Bylaw on emissions, building costs, operating costs, the
56number of building permits issued, and other information as required or requested by the
57Department of Energy Resources and the Secretary of Housing and Economic Development.