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HOUSE DOCKET, NO. 225 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 3165
The Commonwealth of Massachusetts
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PRESENTED BY:
Sean Garballey and Cindy F. Friedman
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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 authorizing the town of Arlington to adopt and enforce local regulations restricting the
use of fossil fuels in certain construction.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/10/2023Cindy F. FriedmanFourth Middlesex1/11/2023David M. Rogers24th Middlesex1/17/2023 1 of 2
HOUSE DOCKET, NO. 225 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 3165
By Representative Garballey of Arlington and Senator Friedman, a joint petition (accompanied
by bill, House, No. 3165) of Sean Garballey, Cindy F. Friedman and David M. Rogers (by vote
of the town) that the town of Arlington be authorized to regulate new construction or major
renovation projects that do not qualify as fossil fuel-free buildings. Telecommunications,
Utilities and Energy. [Local Approval Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3750 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the town of Arlington to adopt and enforce local regulations restricting the
use of fossil fuels in certain construction.
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. As used in this act, the term “fossil fuel-free building” shall mean an entire
2building or condominium unit that supports its operation without the use of coal, oil, natural gas,
3fuel hydrocarbons, including synthetic equivalents, or other fossil fuels.
4 SECTION 2. Notwithstanding section 13 of chapter 142 and chapter 164 of the General
5Laws, the state building code, as codified in 780 CMR, or any other general or special law to the
6contrary, the town of Arlington may adopt and further amend general or zoning by-laws that
7restrict new construction or major renovation projects that do not qualify as fossil fuel-free
8buildings. 2 of 2
9 SECTION 3. Notwithstanding section 7 of chapter 40A of the General Laws or any other
10general or special law to the contrary, the building inspector of the town of Arlington, or any
11designee thereof, may enforce restrictions on new construction and major renovation projects
12that do not qualify as fossil fuel-free buildings, including by withholding of building permits.
13 SECTION 4. Any by-law approved by the town meeting of the town of Arlington on or
14before the effective date of this act that is consistent with sections 1 to 3, inclusive, is hereby
15ratified, validated and confirmed.
16 SECTION 5. This act shall take effect upon its passage.