Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2116 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 144 FILED ON: 1/11/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2116
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 reduce greenhouse gas emissions by permitting local option all-electric buildings and
13	13	homes ordinances.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterDanillo A. Sena37th MiddlesexLindsay N. Sabadosa1st Hampshire2/1/2023Vanna Howard17th Middlesex2/1/2023 1 of 4
17	17	SENATE DOCKET, NO. 144 FILED ON: 1/11/2023
18	18	SENATE . . . . . . . . . . . . . . No. 2116
19	19	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2116) of James B. Eldridge,
20	20	Danillo A. Sena, Lindsay N. Sabadosa and Vanna Howard for legislation to reduce greenhouse
21	21	gas emissions by permitting local option all-electric buildings and homes ordinances.
22	22	Telecommunications, Utilities and Energy.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 1333 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act to reduce greenhouse gas emissions by permitting local option all-electric buildings and
31	31	homes ordinances.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 Chapter 143 of the General Laws is hereby amended by inserting after section 100 the
35	35	2following section:-
36	36	3 LOCAL OPTION FOR ALL-ELECTRIC BUILDINGS AND HOMES.
37	37	4 Section 101. (a) For the purposes of this section, the following words shall have the
38	38	5following meanings unless the context clearly requires otherwise:
39	39	6 "All-Electric", the system, building or project uses a permanent supply of electricity or
40	40	7geothermal energy for substantially all sources of energy for space conditioning, including, but
41	41	8not limited to, heating and cooling, water heating (including pools and spas), cooling appliances, 2 of 4
42	42	9clothes drying appliances and cooking equipment. An all-electric system, building or project may
43	43	10include solar thermal collectors, but installs no natural gas, heating oil or propane plumbing or
44	44	11equipment in or in connection with a building or within property lines of the premises, extending
45	45	12from the point of delivery at the gas meter.
46	46	13 "Building", a structure used for support or shelter of any use or occupancy, including, but
47	47	14not limited to, houses, apartment buildings, condominium buildings, office buildings, libraries,
48	48	15recreation centers, museums, airport buildings, public safety buildings, hospitals, clinics,
49	49	16education centers, transportation facilities, cruise ship terminals, marina buildings, convention
50	50	17facilities and other structures.
51	51	18 "Building construction project", any planning, design, building or construction activity,
52	52	19including, but not limited to, demolition, a new building, new construction, major renovation or
53	53	20building additions.
54	54	21 "Natural gas", a type of gas used as a fuel which originates in the ground and is
55	55	22predominantly methane and other hydrocarbons.
56	56	23 "Major renovation", a municipal or private construction project or renovation to an
57	57	24existing structure other than repair and regular maintenance. A major renovation shall include,
58	58	25but is not limited to, the following: a change in use or structural repair to an existing building or
59	59	26facility; remodeling, rehabilitation, reconstruction, historic restoration, changes to the plan
60	60	27configuration of wall and full-height partitions, where the scope of work is sufficient to support
61	61	28LEED certification and extensive enough such that normal building operations cannot be
62	62	29performed while the work is in progress or a new certificate of occupancy or similar official
63	63	30indication that it is fit and ready for use, is required; provided, however, that major renovation 3 of 4
64	64	31shall not include regular maintenance, reroofing, floor covering, painting, wallpapering or
65	65	32changes to mechanical and electrical systems.
66	66	33 “New building”, any new construction that will require heating or cooling and that is
67	67	34associated with a valid building permit application on or after the effective date of this law,
68	68	35including but not limited to, construction (a) on a vacant lot, (b) to replace a demolished building
69	69	36or (c) of a new accessory building constructed on an existing residential or commercial property.
70	70	37 “On-site fossil fuel infrastructure”, an assemblage of materials and equipment, including,
71	71	38but not limited to, pipes, tanks, storage units, valves, gauges and other appurtenances,
72	72	39incorporated in a building or its surrounding premises, designed or to be used for the purpose of
73	73	40supplying fossil fuel to the building and its premises for on-site combustion. Such infrastructure
74	74	41shall include, but not be limited to,: (1) in the case of natural gas, a supply line that runs from the
75	75	42gas meter to the building and its premises, including a gas supply line running directly to a
76	76	43heating system, a water heater, cook stove, clothes dryer or other appliances or equipment; (2) in
77	77	44the case of propane gas, a supply line that runs from a propane tank to appliances or equipment;
78	78	45and (3) in the case of fuel oil, also known as heating oil, a supply line that feeds directly from the
79	79	46tank to a furnace or boiler to produce heat.
80	80	47 (b) (1)Notwithstanding section 7 of chapter 40A, section 13 of chapter 142, sections 93,
81	81	4894, 95 and 100 of chapter 143 and chapter 164, a new building, a building construction project or
82	82	49a major renovation project for which the building permit application is submitted on or after
83	83	50January 1, 2022 shall be all-electric and shall not possess on-site fossil fuel infrastructure, except
84	84	51as follows: 4 of 4
85	85	52 (2) Natural gas or propane service and plumbing may be installed if necessary for
86	86	53processes or features separate from the operation of systems integral to building functions,
87	87	54including, but not limited to, vehicle fueling and mechanic shop equipment;
88	88	55 (3) Emergency backup electricity generation systems
89	89	56 (c) A city or town may adopt rules to enforce subsection (b), including, but not limited to,
90	90	57imposing appropriate and reasonable fines for said violations.
91	91	58 (d) A city or town that accepts this section may adopt the provisions as stated in
92	92	59subsection (a) through subsection (c). Acceptance of this section shall be: (i) by a majority vote
93	93	60of the city council with the approval of the mayor in the case of a city with a mayor elected to
94	94	61serve as the chief executive officer of the city; (ii) by a majority vote of the city council in every
95	95	62other city; (iii) by a majority vote of the annual town meeting or a special meeting called for that
96	96	63purpose in the case of a municipality with a town meeting form of government; or (iv) by a
97	97	64majority vote of the town council in the case of a municipality with a town council form of
98	98	65government. This section shall take effect on the first day of the calendar quarter following 30
99	99	66days after its acceptance or on the first day of a later calendar quarter as the city or town may
100	100	67designate