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Massachusetts Senate Bill S2144

Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2144 Compare Versions

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22 SENATE DOCKET, NO. 1889 FILED ON: 1/20/2023
33 SENATE . . . . . . . . . . . . . . No. 2144
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jason M. Lewis
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to building energy and decarbonization.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexJames B. EldridgeMiddlesex and Worcester3/6/2023 1 of 16
1616 SENATE DOCKET, NO. 1889 FILED ON: 1/20/2023
1717 SENATE . . . . . . . . . . . . . . No. 2144
1818 By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2144) of Jason M. Lewis and James
1919 B. Eldridge for legislation relative to building energy and decarbonization. Telecommunications,
2020 Utilities and Energy.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 2202 OF 2021-2022.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Third General Court
2626 (2023-2024)
2727 _______________
2828 An Act relative to building energy and decarbonization.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Said Section 1 of chapter 23M is further amended by inserting the
3232 2following definitions:-
3333 3 “District heating and cooling system”, a local system consisting of a central generation
3434 4source and network of pipes that use hot water, chilled water, or steam to provide space heating,
3535 5cooling and/or hot water to multiple buildings.
3636 6 “Energy storage system”, a commercially available technology that is capable of
3737 7absorbing energy, storing it for a period of time and thereafter dispatching the energy; provided,
3838 8however, that an energy storage system shall (1) use mechanical, chemical or thermal processes
3939 9to store energy that was generated for use at a later time; (2) store thermal energy for direct 2 of 16
4040 10heating or cooling use at a later time in a manner that avoids the need to use electricity at that
4141 11later time; (3) use mechanical, chemical or thermal processes to store energy generated from
4242 12renewable resources for use at a later time; or (4) use mechanical, chemical or thermal processes
4343 13to capture or harness waste electricity and to store the waste electricity generated from
4444 14mechanical processes for delivery at a later time.
4545 15 “Microgrid”, a group of interconnected loads and distributed energy sources within
4646 16clearly defined electrical boundaries that acts as a single controllable entity with respect to the
4747 17grid and that connects and disconnects from such grid to enable it to operate in both grid
4848 18connected and island mode.
4949 19 SECTION 2. Subsection (c) of said section 21 of chapter 25 is hereby amended by
5050 20inserting before the last sentence the following:-
5151 21 The council shall not approve plans that it determines do not demonstrate alignment with
5252 22Chapter 21N greenhouse gas emissions limits and sublimits during the three-year plan term.
5353 23 SECTION 3. Section 22 of said chapter 25 of the General laws are hereby amended by
5454 24striking out subsection (b) and inserting in place thereof the following:-
5555 25 (b) The council shall, as part of the approval process by the department, seek to maximize
5656 26net climate, environmental, equity, and economic benefits through energy efficiency, load
5757 27management, and non-combustion renewable energy resources and to achieve energy, capacity,
5858 28climate and environmental goals through a sustained and integrated statewide energy efficiency
5959 29effort. The council shall review and approve demand resource program plans and budgets, work
6060 30with program administrators in preparing energy resource assessments, determine the economic,
6161 31system reliability, climate and air quality benefits of efficiency, non-combustion renewable 3 of 16
6262 32energy, and load management resources, conduct and recommend relevant research, and
6363 33recommend long term efficiency, renewable energy, and load management goals to achieve
6464 34climate, environmental, and equity goals in a cost-effective manner. Approval of efficiency and
6565 35demand resource plans and budgets shall require a two-thirds majority vote. Approval shall not
6666 36be granted unless the council determines that program administrators have demonstrated the
6767 37plan’s alignment with Chapter 21N greenhouse gas emissions limits and sublimits.
6868 38 The council shall, as part of its review of plans, examine opportunities to offer joint
6969 39programs providing similar efficiency measures that save more than 1 fuel resource or to
7070 40coordinate programs targeted at saving more than one fuel resource. Any costs for joint programs
7171 41shall be allocated equitably among the efficiency programs. The council shall establish annually
7272 42increasing targets for serving populations traditionally underserved by the program including but
7373 43not limited to moderate-income ratepayers, renter ratepayers, ratepayers whose primary language
7474 44is not English, small business ratepayers and ratepayers in Environmental Justice communities.
7575 45 SECTION 4. Section 2 of chapter 25a is amended by striking out the first sentence in the
7676 46second paragraph and inserting in place thereof:-
7777 47 There shall be within the department 4 divisions: (i) a division of energy efficiency,
7878 48which shall work with the department of public utilities regarding energy efficiency programs;
7979 49(ii) a division of renewable and alternative energy development, which shall oversee and
8080 50coordinate activities that seek to maximize the installation of renewable and alternative energy
8181 51generating sources that will provide benefits to ratepayers, advance the production and use of
8282 52biofuels and other alternative fuels as the division may define by regulation, and administer the
8383 53renewable portfolio standard and the alternative portfolio standard; (iii) a division of building 4 of 16
8484 54energy and emissions reductions which shall oversee and coordinate activities that seek to
8585 55maximize building sector decarbonization; and (iv) a division of green communities, which shall
8686 56serve as the principal point of contact for municipalities and other governmental bodies
8787 57concerning all matters under the jurisdiction of the department of energy resources.
8888 58 SECTION 5. Section 6 of said chapter 25A is hereby amended by inserting after clause
8989 59(14) the following:-
9090 60 (15) Regulations adopted by this section shall be reviewed and updated in increments of
9191 61not less than three years and in alignment with the same cycle as the International Energy
9292 62Conservation Code; provided further that the department in consultation with the board of
9393 63building regulations and standards shall hold hearings to review such updates including not less
9494 64than 3 held in different counties of the commonwealth for each review or update cycle with
9595 65appropriate and reasonable advance notice to said communities.
9696 66 SECTION 6. Section 10 of said chapter 25A is hereby amended by striking subsection
9797 67(b) in its entirety and inserting in place thereof the following new subsection:-
9898 68 (b) The division shall establish a green communities program. The purpose of the
9999 69program shall be to provide technical and financial assistance, in the form of grants and loans, to
100100 70municipalities and other local governmental bodies that qualify as green communities and or
101101 71green plus communities under this section. These loans and grants shall be used to finance all or
102102 72a portion of the costs of studying, designing, constructing and implementing energy efficiency
103103 73and climate change mitigation activities, including but not limited to, energy conservation and
104104 74renewable energy measures and projects; procurement of energy management services;
105105 75installation of energy management systems; adoption of demand side reduction initiatives; 5 of 16
106106 76deployment of energy storage, microgrids, or district energy systems connected to renewable
107107 77energy generation; purchase of zero-emissions vehicles; installation of electric vehicle charging
108108 78equipment or infrastructure, or related technologies; coordination of residential or small business
109109 79clean energy outreach, technical assistance, or financing programs; and the adoption of energy
110110 80efficiency policies. They shall also be used to finance the siting and construction of renewable
111111 81and alternative energy projects on municipally-owned land.
112112 82 SECTION 7. Said section 10 of said chapter 25A is hereby further amended by inserting
113113 83after subsection (c) the following new subsection:-
114114 84 (c ½ ) To qualify as a green plus community, a municipality or other governmental body
115115 85shall: (1) file an application with the division in a form and manner to be prescribed by the
116116 86division; (2) establish a greenhouse gas emissions baseline inventory for residential, commercial
117117 87and industrial buildings sited within the municipality, which may also include transportation,
118118 88waste, and other sources of emissions within the municipality; (3) put in place a comprehensive
119119 89plan whose implementation begins within 1 year from the date of initial participation in the
120120 90program, designed to reduce the greenhouse gas emissions baseline inventory by a percentage
121121 91approved by the division that is not less than 20 per cent within 5 years of initial participation in
122122 92the program; (4) adopt the municipal opt-in specialized stretch energy code established in
123123 93subsection 14 of Section 6 of chapter 25A; and (5) fulfill qualifications subsection 2 through 6
124124 94inclusive of the green community program as described in section (c) or be served by a
125125 95municipal lighting plant.
126126 96 Preference shall be given to those municipalities that include additional sources of
127127 97emissions within their greenhouse gas emissions baseline inventory. Not later than one year after 6 of 16
128128 98the adoption of this section, the division shall adopt a tracking system for community-wide
129129 99greenhouse gas emissions, to include but not be limited to the building, transportation, energy,
130130 100land use, and waste sectors, that can be used by municipalities. The secretary may waive these
131131 101requirements based on a written finding that due to unusual circumstances, a municipality cannot
132132 102reasonably meet all of the requirements and the municipality has committed to alternative
133133 103measures that advance the purposes of the green plus communities program as effectively as
134134 104adherence to the requirements.
135135 105 SECTION 8. Said section 10 of said chapter 25A is hereby further amended in subsection
136136 106(d) by striking the figure “20,000,000” and inserting in place thereof “40,000,000 with not less
137137 107than $10,000,000 going to green plus communities”.
138138 108 SECTION 9. Said chapter 25A is hereby amended by adding after Section 20 the
139139 109following sections:-
140140 110 Section 20. (a) For the purposes of this section the following words shall have the
141141 111following meanings:-
142142 112 “building emissions”, greenhouse gas emissions as expressed in metric tons of carbon
143143 113dioxide equivalent emitted as a result of operating a covered building and calculated in
144144 114accordance with rules promulgated by the department.
145145 115 “building emissions intensity”, for a covered building, the number obtained by dividing
146146 116the building emissions by the gross floor area for such building, expressed in metric tons of
147147 117carbon dioxide equivalent per square foot per year. 7 of 16
148148 118 (b) The purpose of the building energy and emissions reduction division shall be to
149149 119establish and administer programs and regulations for assessing annual energy use in and
150150 120emissions from buildings to further the goal of achieving emissions limits and sublimits
151151 121established in Chapter 21N. The division shall collaborate with other department divisions, the
152152 122department of housing and economic development, MassDevelopment, Massachusetts Clean
153153 123Energy Center, the net zero energy building advisory council established in section 23 of this
154154 124chapter and other relevant stakeholders on the development of programs and regulations, as
155155 125appropriate. The division shall take all reasonable steps to inform the owners of buildings of their
156156 126obligations under this section in advance including but not limited to materials developed for
157157 127outreach and education made available on the division’s website. Said materials shall be
158158 128available in English and in other languages commonly spoken in the commonwealth. Such
159159 129outreach shall include a list of city, state, federal, private and utility incentive programs related to
160160 130building energy reduction, renewable energy, or building retrofits for which buildings reasonably
161161 131could be eligible.
162162 132 (c) The division shall promulgate regulations establishing annual carbon intensity limits
163163 133on building emissions or a building energy performance standard or a combination thereof for
164164 134covered buildings in alignment with emissions limits and sublimits established in Chapter 21N.
165165 135Covered buildings shall be established by the division and reflect a phased-in schedule that shall
166166 136begin no later than January 1, 2026 beginning with large buildings no smaller than 20,000 square
167167 137feet to be defined by the division and shall include all building types by 2028 and all buildings
168168 138by 203 2. The division may include exemptions for small accessory buildings or structures with
169169 139no or minimal space conditioning, to be defined in regulations. Phases may be defined by, but
170170 140are not limited to being defined by, size and type, such as commercial and industrial properties, 8 of 16
171171 141residential buildings, and other specialized typologies. The building performance limits shall be
172172 142set for periods of not more than five years and emissions limits shall decrease over time at a pace
173173 143to at least align with emissions limits and sublimits established in Chapter 21N.
174174 144 (d) The division shall promulgate regulations for alternative methods of compliance with
175175 145building emissions intensity limits, energy use performance standards or a combination thereof
176176 146as established by the division including but not limited to adjustments for the use of on-site
177177 147renewable energy generation, adjustments for special categories of buildings or for special use,
178178 148accommodations or support for buildings housing low- or moderate-income occupants, and
179179 149alternative compliance payments. Alternative compliance payments shall be established such that
180180 150low- and moderate-income households and small businesses are charged reduced amounts
181181 151proportionate with their ability to pay. The division shall also establish fines for noncompliance
182182 152which shall be higher than alternative compliance payments. Both alternative compliance
183183 153payments and fines shall be deposited into the building energy retrofit program trust fund
184184 154established in section 20 of this chapter.
185185 155 (e) The division shall create and manage an online portal for the submission of required
186186 156data by building owners, including the building’s baseline emissions and energy use for year one
187187 157of the program and annual reports on that data thereafter.
188188 158 (f) The division shall establish an annual deadline for receiving reports from building
189189 159owners and a deadline extension or hardship waiver process for owners who, in the judgment of
190190 160the division, demonstrate cause for a deadline extension or hardship waiver. 9 of 16
191191 161 (g) Except as otherwise provided in this statute or otherwise provided by regulation, after
192192 162a building is deemed a covered building, it shall not exceed the annual building performance
193193 163limits for such building as determined by the division.
194194 164 (h) The division shall make building information and data available to the public on its
195195 165website. For each building, the information made available shall include, but is not limited to,
196196 166building identification information and building emissions and energy data.
197197 167 The department shall utilize such practices as are necessary to prevent the public
198198 168disclosure of personal information regarding owners and tenants, and maintain a quality
199199 169assurance process to improve the accuracy and completeness of the available information. The
200200 170department shall provide owners with the opportunity to submit contextual information related to
201201 171data and shall disclose such information on its website upon request by the owner. The website
202202 172shall be made available in English and multiple other languages commonly spoken in the
203203 173commonwealth.
204204 174 (i) The division shall prepare an annual report that shall be posted on the department’s
205205 175website and filed with the house and senate committees on ways and means and the joint
206206 176committee on telecommunications, utilities and energy not later than December 31. The report
207207 177shall include, but is not limited to, analysis on implementation of, compliance with, and results
208208 178from the program including progress towards emissions limits and sublimits established in
209209 179Chapter 21N. The division shall make available to a regional planning agency, municipality or
210210 180other public agency requesting such information any data set forth in this section, utilizing such
211211 181practices as are necessary to prevent the public disclosure of personal information regarding
212212 182owners and tenants. 10 of 16
213213 183 (j) The division shall promulgate regulations governing the building performance
214214 184program after holding not less than 3 hearings held in different counties of the commonwealth.
215215 185 Section 21. (a) There shall be a grant and loan program within the division known as the
216216 186Building Energy and Emissions Retrofit Funding Program, hereafter referred to as the program,
217217 187for the purpose of encouraging and supporting building owners to invest in deep energy retrofits
218218 188and whole-building energy performance upgrades to their properties that reduce greenhouse gas
219219 189emissions, create healthier homes and buildings, and are in alignment with achieving the GWSA
220220 190limits and sublimits established under Chapter 21N. Eligible projects for funding shall include
221221 191pre-weatherization barrier mitigation, pre-electrification barrier mitigation, and renewable energy
222222 192systems, if part of a more comprehensive deep energy retrofit or whole-building energy
223223 193performance upgrade. Conversions from one fossil fuel system to another or additions of fossil
224224 194fuel systems or infrastructure shall not be funded by these programs.
225225 195 The division shall develop the program in consultation with the net zero energy building
226226 196advisory council established in section 23 of this chapter, the Department of Housing and
227227 197Community Development, the Department of Public Utilities, the Department of Environmental
228228 198Protection, the Energy Efficiency Advisory Council, the Department of Public Health, and the
229229 199Massachusetts Clean Energy Center. Nothing in this section guarantees an individual or
230230 200corporation a right to the benefits provided in this section.
231231 201 (b) The division shall design and implement the program, which shall include a
232232 202certification process to certify qualified expenses for a grant or loan under this section.
233233 203Applications for the program shall be reviewed and grants or loans shall be awarded on no less
234234 204than an annual basis. 11 of 16
235235 205 (c) The division shall, (i) promote awareness of the program, including through
236236 206coordination with relevant trade groups, community-based organizations, nonprofits,
237237 207municipalities, regional planning agencies, and by integration in economic development
238238 208marketing campaigns; and (ii) adopt measurable goals, performance measures, and an audit
239239 209strategy to assess the utilization and performance of the program.
240240 210 (d) The division shall prioritize regionally diverse investments in (i) property that is
241241 211located in an environmental justice community as defined in section 62 of chapter 30; (ii)
242242 212property that is low- or moderate-income or rental housing; (iii) property owned by
243243 213municipalities; and (iv) projects that improve public health outcomes.
244244 214 (e) The incentives shall be funded, at least in part, by the building energy retrofit program
245245 215trust fund established in section 20 of chapter 25A. To the extent possible, the program shall seek
246246 216to leverage existing state and federal programs including. but not limited to, Massachusetts
247247 217School Building Authority and the Massachusetts Public Library Construction Program.
248248 218 (f) The division shall promulgate rules, regulations and guidelines for the administration
249249 219and oversight of this chapter which shall include definitions of deep energy retrofit, pre-
250250 220weatherization barriers, and pre-electrification barriers and may allow for municipalities to
251251 221establish or continue their own municipal program so long as it meets or exceeds the greenhouse
252252 222gas emissions reductions of the Building Energy Retrofit Funding Program. The department shall
253253 223commence awarding funds no later than January 1, 2025.
254254 224 Section 22. (a) The commissioner shall create and administer the building energy retrofit
255255 225program trust fund into which shall be deposited: (i) any revenues or other financing sources
256256 226directed to the fund by appropriation; (ii) bond revenues authorized by the general court and 12 of 16
257257 227designated to be credited to the fund; (iii) any income derived from the investment credited to the
258258 228fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or
259259 229private grants, donations, rebates and settlements received by the commonwealth that are
260260 230designated to be credited to the fund; and (v) all other amounts credited or transferred into the
261261 231fund from any other source.
262262 232 (b) There shall be established upon the books of the commonwealth a separate fund to be
263263 233known as the Building Energy Retrofit Trust Fund. There shall be credited to said fund all
264264 234amounts received through (i) any revenues or other financing sources directed to the fund by
265265 235appropriation; (ii) bond revenues authorized by the general court and designated to be credited to
266266 236the fund; (iii) any income derived from the investment credited to the fund; (iv) funds from
267267 237public or private sources including, but not limited to, gifts, federal or private grants, donations,
268268 238rebates and settlements received by the commonwealth that are designated to be credited to the
269269 239fund; and (v) all other amounts credited or transferred into the fund from any other source. All
270270 240amounts credited to the fund shall be held in trust and shall be available for expenditure, without
271271 241further appropriation, by the department for activities of the department related to section 18 and
272272 242section 19 of this chapter. Any unexpended balance in the fund at the close of a fiscal year shall
273273 243remain in the fund and shall be available for expenditure in the following fiscal year; provided
274274 244however, that the fund shall not be in deficit at the end of any state fiscal year.
275275 245 (c) The operating and administrative expenses shall not exceed 5 per cent of the annual
276276 246total revenue expended from the fund.
277277 247 (d) Annually, not later than December 1 of each year, the commissioner shall report on
278278 248the activities of the fund to the clerks of the house of representatives, the senate and to the house 13 of 16
279279 249and senate committees on ways and means, and the net zero energy building advisory council
280280 250established in section 23 of this chapter. The report shall include an accounting of expenditures
281281 251made from the fund with a description of the purpose of each expenditure, an accounting of
282282 252amounts credited to the fund and any unexpended balance remaining in the fund.
283283 253 Section 23. (a) The commissioner shall establish a net zero energy building advisory
284284 254council which shall review and provide feedback on the implementation of programs under the
285285 255building energy and emissions performance division with a focus on supporting development of
286286 256net zero buildings in the commonwealth in alignment with the targets established in chapter 21N.
287287 257The council shall be chaired by the commissioner or a designee and members shall include, but
288288 258are not limited to: (i) The attorney general, or a designee; (ii) at least two residents of
289289 259environmental justice communities as defined in section 62 of chapter 30; (iii) at least two
290290 260certified minority-owned or women-owned small business enterprises that perform clean energy
291291 261services; (iv) one representative of the public institutions of higher education included in section
292292 2625 of chapter 15A; (v) one representative of the MassHire State Workforce Board; (vi) one
293293 263representative of the energy efficiency advisory council established in section 22 of chapter 25
294294 264who does not represent a state agency or utility that is otherwise seated on the council; (vii) one
295295 265representative of a building trade association; (viii) one representative of the labor community;
296296 266(ix) one residential architect; (x) one commercial architect; (xi) one building engineer; (xii) one
297297 267non-profit that specializes in clean energy efficiency research; (xiii) one representative of the
298298 268low-income energy affordability network; (xiv) two representatives of commonwealth cities and
299299 269towns, one rural and one suburban; (xv) one representative of a regional planning agency; and
300300 270(xvi) one expert in land use. 14 of 16
301301 271 Non-voting members shall include the secretary of housing and community development
302302 272or their designee; the commissioner of the department of public health or their designee the
303303 273commissioner of the department of environmental protection or their designee; the CEO of
304304 274Massachusetts Clean Energy Center or their designee; a representative of an investor-owned
305305 275utility, and a representative of a municipal lighting plant or municipal light plant industry
306306 276association.
307307 277 Interested parties shall apply to the commissioner for designation as members. There
308308 278shall be members from each county of the commonwealth represented on the council. In their
309309 279initial appointments, the commissioner shall designate one third of members to serve for one
310310 280year, one third to serve for a term of two years and the remaining third to serve for a term of
311311 281three years and their successors shall serve for terms of three years.
312312 282 The advisory board may convene working groups. Such working groups may include
313313 283individuals external to the advisory board. The commissioner shall invite the appropriate federal,
314314 284state and local agencies and authorities to participate.
315315 285 (b) The advisory council shall meet at least 4 times a year and shall hold at least 2 public
316316 286hearings each year. The council shall review and monitor the recommendations for expenditure
317317 287of grants and programs in the secretariat. In the event the council or members of the council
318318 288disapproves of any such recommendation it may file a report noting its objection with the
319319 289governor, the house and senate committees on ways and means and the joint committee on
320320 290environment, natural resources and agriculture.
321321 291 (c) Not later than December 1 of each year, the Department shall report on the activities
322322 292of the council to the clerks of the house of representatives and the senate, to the house and senate 15 of 16
323323 293committees on ways and means and to the chairs of the joint committee on telecommunications,
324324 294utilities and energy.
325325 295 SECTION 10. Subsection (o) of Section 94 of chapter 143 is hereby amended by adding
326326 296at the end:-
327327 297 “If the energy provisions of the state building code are not updated within said one year
328328 298of any revision to the International Energy Conservation Code (IECC), the Board shall report on
329329 299the status of approval of the latest International Energy Conservation Code and steps being taken
330330 300to move towards expedient adoption. Reports shall be filed with the chairs of the joint committee
331331 301on telecommunication, utilities and energy, the joint committee on Consumer Protection and
332332 302Professional Licensure the clerk of the house of representatives, and the clerk of the senate no
333333 303later than 30 days beyond the one-year deadline described in this section, and again every 6
334334 304months, until the past due IECC provisions and any more stringent amendments are adopted.”
335335 305 SECTION 11. The Department of Energy Resources, in consultation with Massachusetts
336336 306Clean Energy Center, the Board of Building Regulations and Standards and the secretary of
337337 307housing and economic development, shall issue a written report to the clerk of the house of
338338 308representatives, the clerk of the senate and the joint committee on telecommunications, utilities,
339339 309and energy within one year of adoption of this act which shall include, but is not limited to,
340340 310analysis on the feasibility and timing for adopting the following: (i) mass timber buildings taller
341341 311than five stories; (ii) reduction of embodied carbon; (iii) carbon storage in building materials;
342342 312(iv) modular building systems; and (v) healthy non-toxic building materials.
343343 313 The report shall include recommendations for any legislation that may be required to
344344 314adopt these or other innovations in the commonwealth. 16 of 16
345345 315 SECTION 12. Notwithstanding any special or general law, rule or regulation to the
346346 316contrary, not later than January 1, 2025, the opt-in specialized stretch energy code as developed
347347 317and promulgated under section 6 of chapter 25A shall be incorporated into the Stretch Energy
348348 318Code in Appendix 115AA of the Massachusetts building energy code. Upon such incorporation,
349349 319municipalities that previously adopted the opt-in specialized stretch energy code shall be part of
350350 320the Stretch Energy Code in Appendix 115AA of the Massachusetts building energy code with no
351351 321action required.
352352 322 SECTION 13. Notwithstanding any special or general law, rule or regulation to the
353353 323contrary, not later than January 1, 2028, the state board of building regulations and standards
354354 324shall incorporate the Stretch Energy Code in Appendix 115AA of the Massachusetts building
355355 325energy code into the base energy provisions of the state building code issued by the state board
356356 326of building regulations under section 93 of chapter 143.