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| 2 | 2 | | HOUSE DOCKET, NO. 225 FILED ON: 1/11/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3165 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Sean Garballey and Cindy F. Friedman |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act authorizing the town of Arlington to adopt and enforce local regulations restricting the |
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| 13 | 13 | | use of fossil fuels in certain construction. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/10/2023Cindy F. FriedmanFourth Middlesex1/11/2023David M. Rogers24th Middlesex1/17/2023 1 of 2 |
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| 17 | 17 | | HOUSE DOCKET, NO. 225 FILED ON: 1/11/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3165 |
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| 19 | 19 | | By Representative Garballey of Arlington and Senator Friedman, a joint petition (accompanied |
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| 20 | 20 | | by bill, House, No. 3165) of Sean Garballey, Cindy F. Friedman and David M. Rogers (by vote |
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| 21 | 21 | | of the town) that the town of Arlington be authorized to regulate new construction or major |
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| 22 | 22 | | renovation projects that do not qualify as fossil fuel-free buildings. Telecommunications, |
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| 23 | 23 | | Utilities and Energy. [Local Approval Received.] |
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| 24 | 24 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 25 | 25 | | SEE HOUSE, NO. 3750 OF 2021-2022.] |
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| 26 | 26 | | The Commonwealth of Massachusetts |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | In the One Hundred and Ninety-Third General Court |
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| 29 | 29 | | (2023-2024) |
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| 30 | 30 | | _______________ |
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| 31 | 31 | | An Act authorizing the town of Arlington to adopt and enforce local regulations restricting the |
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| 32 | 32 | | use of fossil fuels in certain construction. |
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| 33 | 33 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 34 | 34 | | of the same, as follows: |
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| 35 | 35 | | 1 SECTION 1. As used in this act, the term “fossil fuel-free building” shall mean an entire |
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| 36 | 36 | | 2building or condominium unit that supports its operation without the use of coal, oil, natural gas, |
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| 37 | 37 | | 3fuel hydrocarbons, including synthetic equivalents, or other fossil fuels. |
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| 38 | 38 | | 4 SECTION 2. Notwithstanding section 13 of chapter 142 and chapter 164 of the General |
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| 39 | 39 | | 5Laws, the state building code, as codified in 780 CMR, or any other general or special law to the |
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| 40 | 40 | | 6contrary, the town of Arlington may adopt and further amend general or zoning by-laws that |
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| 41 | 41 | | 7restrict new construction or major renovation projects that do not qualify as fossil fuel-free |
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| 42 | 42 | | 8buildings. 2 of 2 |
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| 43 | 43 | | 9 SECTION 3. Notwithstanding section 7 of chapter 40A of the General Laws or any other |
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| 44 | 44 | | 10general or special law to the contrary, the building inspector of the town of Arlington, or any |
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| 45 | 45 | | 11designee thereof, may enforce restrictions on new construction and major renovation projects |
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| 46 | 46 | | 12that do not qualify as fossil fuel-free buildings, including by withholding of building permits. |
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| 47 | 47 | | 13 SECTION 4. Any by-law approved by the town meeting of the town of Arlington on or |
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| 48 | 48 | | 14before the effective date of this act that is consistent with sections 1 to 3, inclusive, is hereby |
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| 49 | 49 | | 15ratified, validated and confirmed. |
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| 50 | 50 | | 16 SECTION 5. This act shall take effect upon its passage. |
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