Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2038 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4023 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2038
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Simon Cataldo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to prohibit the expansion of fossil fuel infrastructure for new construction in the town of
13	13	Concord.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Simon Cataldo14th Middlesex1/20/2023Carmine Lawrence Gentile13th Middlesex1/20/2023 1 of 4
17	17	HOUSE DOCKET, NO. 4023 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2038
19	19	By Representative Cataldo of Concord, a petition (accompanied by bill, House, No. 2038) of
20	20	Simon Cataldo and Carmine Lawrence Gentile (by vote of the town) for legislation to prohibit
21	21	the expansion of fossil fuel infrastructure for new construction in the town of Concord.
22	22	Municipalities and Regional Government. [Local Approval Received.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to prohibit the expansion of fossil fuel infrastructure for new construction in the town of
29	29	Concord.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 Section 1. Purpose
33	33	2 This Bylaw is adopted by the Town of Concord to protect the health, safety and welfare
34	34	3of the inhabitants of the town from the effects of air pollution, including greenhouse gas
35	35	4emissions that are contributing to climate change, and from fuel leaks and explosions that
36	36	5threaten the Town and its inhabitants.
37	37	6 Section 2. Definitions
38	38	7 For the purposes of this bylaw, the following definitions shall apply:
39	39	8 “Building” shall have the same meaning as set forth in Section 1.3.4 of the Concord
40	40	9Zoning Bylaw, provided that the pertinent structure is or will be furnished with a heating or hot
41	41	10water system. 2 of 4
42	42	11 “Effective Date” shall mean six months following the date by which the Town is
43	43	12authorized by the Department of Energy Resources to regulate fossil fuel infrastructure.
44	44	13 “New Building” shall mean any new construction that will require heating or cooling and
45	45	14that is associated with a valid building permit application on or after the effective date of this
46	46	15bylaw, including but not limited to, construction (a) on a vacant lot, (b) to replace a demolished
47	47	16building, or (c) of a new accessory building constructed on an existing residential or commercial
48	48	17property.
49	49	18 “On-Site Fossil Fuel Infrastructure” shall mean piping for coal, oil, natural gas or other
50	50	19fuel hydrocarbons, including synthetic equivalents, or other fossil fuels that are in a building, in
51	51	20connection with a building, or otherwise within the property lines of a premises, extending from
52	52	21a supply tank or from the point of delivery behind a gas meter (customer-side of a gas meter).
53	53	22 Section 3. Applicability and Exemptions
54	54	23 3.1. On and after the Effective Date, no building permit shall be issued by the Town for
55	55	24the construction of New Buildings or that include the installation of new On-Site Fossil Fuel
56	56	25Infrastructure subject to this Chapter.
57	57	26 3.2. The provisions of this bylaw shall not apply to (i) the development of new affordable
58	58	27housing, as defined in Mass. Gen. Laws c. 184, § 26; (ii) to cooking stoves and ovens used in
59	59	28restaurants or commercial kitchens; (iii) any fossil fuel infrastructure the exclusive purpose of
60	60	29which is to fuel backup electrical generators; (iv) public utilities, their operations, or installations
61	61	30other than in the Buildings constructed by others; or (v) research laboratories for scientific or
62	62	31medical research, or to hospitals or medical offices regulated by the department of public health
63	63	32as a health care facility. 3 of 4
64	64	33 3.3. The requirements of this article shall not apply to the piping required to produce
65	65	34potable or domestic hot water from centralized hot water systems in buildings with building floor
66	66	35areas of at least 10,000 square feet, provided that the Engineer of Record certifies that no
67	67	36commercially available electric hot water heater exists that could meet the required hot water
68	68	37demand for less than 150% of installation or operational costs, compared to a conventional
69	69	38fossil-fuel hot water system.
70	70	39 Section 4. Administration
71	71	40 4.1 . Enforcement
72	72	41 The Building and Inspections Department is hereby authorized to enforce the provisions
73	73	42of this bylaw.
74	74	43 Section 5. Appeal
75	75	44 Any applicant who is aggrieved by a denial of a building permit, in whole or part, in
76	76	45connection with this bylaw, may appeal to the board or committee designated by the Town
77	77	46Manager to hear and resolve such appeals within 20 days from the date of denial.
78	78	47 Section 6. Severability
79	79	48 Each provision of this bylaw shall be construed as separate to the extent that if any
80	80	49section,
81	81	50 sentence, clause or phrase is held to be invalid for any reason, the remainder of the by-
82	82	51law
83	83	52 shall continue in full force and effect. 4 of 4
84	84	53 Section 7. Reporting
85	85	54 The Town Manager, or the Town Manager’s designee, shall provide data and other
86	86	55information on the impacts of this Bylaw on emissions, building costs, operating costs, the
87	87	56number of building permits issued, and other information as required or requested by the
88	88	57Department of Energy Resources and the Secretary of Housing and Economic Development.