Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3529 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 2154 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3529
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan Meschino
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 relative to building energy and decarbonization.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/15/2025Joanne M. ComerfordHampshire, Franklin and Worcester3/12/2025Manny Cruz7th Essex2/4/2025Marjorie C. Decker25th Middlesex2/14/2025Samantha Montaño15th Suffolk2/1/2025Danillo A. Sena37th Middlesex3/10/2025 1 of 10
16	16	HOUSE DOCKET, NO. 2154 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3529
18	18	By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 3529) of Joan
19	19	Meschino and others relative to building energy and decarbonization. Telecommunications,
20	20	Utilities and Energy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to building energy and decarbonization.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Said section 10 of said chapter 25A is hereby further amended by inserting
30	30	2after subsection (c) the following new subsection:-
31	31	3 (c ½ ) To qualify as a green plus community, a municipality or other governmental body
32	32	4shall: (1) file an application with the division in a form and manner to be prescribed by the
33	33	5division; (2) establish a greenhouse gas emissions baseline inventory for residential, commercial
34	34	6and industrial buildings sited within the municipality, which may also include transportation,
35	35	7waste, and other sources of emissions within the municipality; (3) put in place a comprehensive
36	36	8plan whose implementation begins within 1 year from the date of initial participation in the
37	37	9program, designed to reduce the greenhouse gas emissions baseline inventory by a percentage
38	38	10approved by the division that is not less than 20 per cent within 5 years of initial participation in
39	39	11the program; (4) adopt the municipal opt-in specialized stretch energy code established in
40	40	12subsection 14 of Section 6 of chapter 25A; and (5) fulfill qualifications subsection 2 through 6 2 of 10
41	41	13inclusive of the green community program as described in section (c) or be served by a
42	42	14municipal lighting plant.
43	43	15 Preference shall be given to those municipalities that include additional sources of
44	44	16emissions within their greenhouse gas emissions baseline inventory. Not later than one year after
45	45	17the adoption of this section, the division shall adopt a tracking system for community-wide
46	46	18greenhouse gas emissions, to include but not be limited to the building, transportation, energy,
47	47	19land use, and waste sectors, that can be used by municipalities. The secretary may adapt these
48	48	20requirements based on a written finding that due to unusual circumstances, a municipality cannot
49	49	21reasonably meet all of the requirements and the municipality has committed to alternative
50	50	22measures that advance the purposes of the green plus communities program as effectively as
51	51	23adherence to the requirements.
52	52	24 SECTION 2. Said section 10 of said chapter 25A is hereby further amended in subsection
53	53	25(d) by striking the figure “20,000,000” and inserting in place thereof “40,000,000 with not less
54	54	26than $10,000,000 going to green plus communities”.
55	55	27 SECTION 3. Section 20 of said chapter 25A is hereby amended by adding after “
56	56	28''Building'', a building or multiple buildings on a parcel, or any grouping of buildings designated
57	57	29by the department as an appropriate reporting unit for the purposes of this section.” the
58	58	30following:-
59	59	31 “building emissions”, greenhouse gas emissions as expressed in metric tons of carbon
60	60	32dioxide equivalent emitted as a result of operating a covered building and calculated in
61	61	33accordance with rules promulgated by the department. 3 of 10
62	62	34 “building emissions intensity”, for a covered building, the number obtained by dividing
63	63	35the building emissions by the gross floor area for such building, expressed in metric tons of
64	64	36carbon dioxide equivalent per square foot per year.
65	65	37 SECTION 4. Said section 20 of chapter 25A is hereby amended by adding after section
66	66	38(e) the following sections:
67	67	39 (e ¼) The department shall promulgate regulations establishing annual carbon intensity
68	68	40limits on building emissions or a building energy performance standard or a combination thereof
69	69	41for large buildings in alignment with emissions limits and sublimits established in Chapter 21N.
70	70	42The regulations may allow for differences based on building use including commercial and
71	71	43industrial properties, residential buildings and other specialized typologies and may exclude
72	72	44electric vehicle charging. The building performance limits shall be set for periods of not more
73	73	45than five years and emissions limits shall decrease over time at a pace to at least align with
74	74	46emissions limits and sublimits established in Chapter 21N.
75	75	47 (e ½) The department shall promulgate regulations for alternative methods of compliance
76	76	48with building emissions intensity limits, energy use performance standards or a combination
77	77	49thereof as established by the department including but not limited to adjustments for the use of
78	78	50on-site renewable energy generation, adjustments for special categories of buildings or for
79	79	51special use, accommodations or support for buildings housing low- or moderate-income
80	80	52occupants, and alternative compliance payments. Alternative compliance payments shall be
81	81	53established such that low- and moderate-income households and small businesses are charged
82	82	54reduced amounts proportionate with their ability to pay. The division shall also establish fines for
83	83	55noncompliance which shall be higher than alternative compliance payments. Both alternative 4 of 10
84	84	56compliance payments and fines shall be deposited into the building energy retrofit program trust
85	85	57fund established in section 21 of this chapter.
86	86	58 (e ¾) Except as otherwise provided in this statute or otherwise provided by regulation,
87	87	59after a building is deemed a large building, it shall not exceed the annual building performance
88	88	60limits for such building as determined by the department.
89	89	61 SECTION 5. Said section 20 of chapter 25A is hereby amended by adding at the end of
90	90	62section (g) the following:--
91	91	63 “Said materials shall be available in English and in other languages commonly spoken in
92	92	64the Commonwealth. Such outreach shall include a list of city, state, federal, private and utility
93	93	65incentive programs related to building energy reduction, renewable energy, or building retrofits
94	94	66for which buildings reasonably could be eligible.”
95	95	67 SECTION 6. Said section 20 of chapter 25A is hereby amended by adding at the end of
96	96	68section (i) the following:--
97	97	69 “The department shall establish standards for collecting data on large buildings from
98	98	70approved municipal programs and shall not require owners of buildings in those municipalities to
99	99	71separately report their data to the department. The department shall adopt regulations that allow
100	100	72municipalities to adopt their own large building reporting requirements and their own building
101	101	73emissions or a building energy performance standard that exceed those reporting requirements
102	102	74established pursuant to this section.”
103	103	75 SECTION 7. Said chapter 25A is hereby amended by adding after Section 20 the
104	104	76following:-- 5 of 10
105	105	77 Section 21. (a) There shall be a grant and loan program within the department known as
106	106	78the Building Energy and Emissions Retrofit Funding Program, hereafter referred to as the
107	107	79program, for the purpose of encouraging and supporting building owners to invest in deep energy
108	108	80retrofits and whole-building energy performance upgrades to their properties that reduce
109	109	81greenhouse gas emissions, create healthier homes and buildings, and are in alignment with
110	110	82achieving the GWSA limits and sublimits established under Chapter 21N. Eligible projects for
111	111	83funding shall include pre-weatherization barrier mitigation, pre-electrification barrier mitigation,
112	112	84and renewable energy systems, if part of a more comprehensive deep energy retrofit or whole-
113	113	85building energy performance upgrade. Conversions from one fossil fuel system to another or
114	114	86additions of fossil fuel systems or infrastructure shall not be funded by these programs.
115	115	87 The department shall develop the program in consultation with the net zero energy
116	116	88building advisory council established in section 23 of this chapter, the executive office of
117	117	89housing and livable communities, the department of public utilities, the department of
118	118	90environmental protection, the energy efficiency advisory council, the department of public
119	119	91health, and the Massachusetts clean energy center. Nothing in this section guarantees an
120	120	92individual or corporation a right to the benefits provided in this section.
121	121	93 (b) The department shall design and implement the program, which shall include a
122	122	94certification process to certify qualified expenses for a grant or loan under this section.
123	123	95Applications for the program shall be reviewed and grants or loans shall be awarded on no less
124	124	96than an annual basis.
125	125	97 (c) The department shall, (i) promote awareness of the program, including through
126	126	98coordination with relevant trade groups, community-based organizations, nonprofits, 6 of 10
127	127	99municipalities, regional planning agencies, and by integration in economic development
128	128	100marketing campaigns; and (ii) adopt measurable goals, performance measures, and an audit
129	129	101strategy to assess the utilization and performance of the program.
130	130	102 (d) The department shall fund (i) property that is located in an environmental justice
131	131	103community as defined in section 62 of chapter 30; (ii) property that is low- or moderate-income
132	132	104or rental housing; (iii) property owned by municipalities; and (iv) projects that address
133	133	105environmental burdens from air and/or water pollution.
134	134	106 (e) The incentives shall be funded, at least in part, by the building energy retrofit program
135	135	107trust fund established in section 22 of chapter 25A. To the extent possible, the program shall seek
136	136	108to leverage existing state and federal programs including. but not limited to, Massachusetts
137	137	109School Building Authority and the Massachusetts public library construction program.
138	138	110 (f) The department shall promulgate rules, regulations and guidelines for the
139	139	111administration and oversight of this chapter which shall include definitions of deep energy
140	140	112retrofit, pre-weatherization barriers, and pre-electrification barriers and may allow for
141	141	113municipalities to establish or continue their own municipal program so long as it meets or
142	142	114exceeds the greenhouse gas emissions reductions of the Building Energy Retrofit Funding
143	143	115Program. The department shall commence awarding funds no later than January 1, 2027.
144	144	116 Section 22. (a) The commissioner shall create and administer the building energy retrofit
145	145	117program trust fund into which shall be deposited: (i) any revenues or other financing sources
146	146	118directed to the fund by appropriation; (ii) bond revenues authorized by the general court and
147	147	119designated to be credited to the fund; (iii) any income derived from the investment credited to the
148	148	120fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or 7 of 10
149	149	121private grants, donations, rebates and settlements received by the commonwealth that are
150	150	122designated to be credited to the fund; and (v) all other amounts credited or transferred into the
151	151	123fund from any other source.
152	152	124 (b) There shall be established upon the books of the commonwealth a separate fund to be
153	153	125known as the Building Energy Retrofit Trust Fund. There shall be credited to said fund all
154	154	126amounts received through (i) any revenues or other financing sources directed to the fund by
155	155	127appropriation; (ii) bond revenues authorized by the general court and designated to be credited to
156	156	128the fund; (iii) any income derived from the investment credited to the fund; (iv) funds from
157	157	129public or private sources including, but not limited to, gifts, federal or private grants, donations,
158	158	130rebates and settlements received by the commonwealth that are designated to be credited to the
159	159	131fund; and (v) all other amounts credited or transferred into the fund from any other source. All
160	160	132amounts credited to the fund shall be held in trust and shall be available for expenditure, without
161	161	133further appropriation, by the department for activities of the department related to section 18 and
162	162	134section 19 of this chapter. Any unexpended balance in the fund at the close of a fiscal year shall
163	163	135remain in the fund and shall be available for expenditure in the following fiscal year; provided
164	164	136however, that the fund shall not be in deficit at the end of any state fiscal year.
165	165	137 (c) The operating and administrative expenses shall not exceed 5 per cent of the annual
166	166	138total revenue expended from the fund.
167	167	139 (d) Annually, not later than December 1 of each year, the commissioner shall report on
168	168	140the activities of the fund to the clerks of the house of representatives, the senate and to the house
169	169	141and senate committees on ways and means, and the net zero energy building advisory council
170	170	142established in section 23 of this chapter. The report shall include an accounting of expenditures 8 of 10
171	171	143made from the fund with a description of the purpose of each expenditure, an accounting of
172	172	144amounts credited to the fund and any unexpended balance remaining in the fund.
173	173	145 Section 23. (a) The commissioner shall establish a net zero energy building advisory
174	174	146council which shall review and provide feedback on the implementation of sections 20, 21 and
175	175	14722 of this chapter with a focus on supporting development of net zero buildings in the
176	176	148commonwealth in alignment with the targets established in chapter 21N. The council shall be
177	177	149chaired by the commissioner or a designee and members shall include, but are not limited to: (i)
178	178	150The attorney general, or a designee; (ii) at least two residents of environmental justice
179	179	151communities as defined in section 62 of chapter 30; (iii) at least two certified minority-owned or
180	180	152women-owned small business enterprises that perform clean energy services; (iv) one
181	181	153representative of the public institutions of higher education included in section 5 of chapter 15A;
182	182	154(v) one representative of the MassHire state workforce board; (vi) one representative of the
183	183	155energy efficiency advisory council established in section 22 of chapter 25 who does not represent
184	184	156a state agency or utility that is otherwise seated on the council; (vii) one representative of a
185	185	157building trade association; (viii) one representative of the labor community; (ix) one residential
186	186	158architect; (x) one commercial architect; (xi) one building engineer; (xii) one non-profit that
187	187	159specializes in clean energy efficiency research; (xiii) one representative of the low-income
188	188	160energy affordability network; (xiv) two representatives of commonwealth cities and towns, one
189	189	161rural and one suburban; (xv) one representative of a regional planning agency; and (xvi) one
190	190	162expert in land use.
191	191	163 Non-voting members shall include the secretary of housing and community development
192	192	164or their designee; the commissioner of the department of public health or their designee the
193	193	165commissioner of the department of environmental protection or their designee; the CEO of 9 of 10
194	194	166Massachusetts Clean Energy Center or their designee; a representative of an investor-owned
195	195	167utility, and a representative of a municipal lighting plant or municipal light plant industry
196	196	168association.
197	197	169 Interested parties shall apply to the commissioner for designation as members. There
198	198	170shall be members from each county of the commonwealth represented on the council. In their
199	199	171initial appointments, the commissioner shall designate one third of members to serve for one
200	200	172year, one third to serve for a term of two years and the remaining third to serve for a term of
201	201	173three years and their successors shall serve for terms of three years.
202	202	174 The advisory board may convene working groups. Such working groups may include
203	203	175individuals external to the advisory board. The commissioner shall invite the appropriate federal,
204	204	176state and local agencies and authorities to participate.
205	205	177 (b) The advisory council shall meet at least 4 times a year and shall hold at least 2 public
206	206	178hearings each year. The council shall review and monitor the recommendations for expenditure
207	207	179of grants and programs in the secretariat. In the event the council or members of the council
208	208	180disapproves of any such recommendation it may file a report noting its objection with the
209	209	181governor, the house and senate committees on ways and means and the joint committee on
210	210	182environment, natural resources and agriculture.
211	211	183 (c) Not later than December 1 of each year, the Department shall report on the activities
212	212	184of the council to the clerks of the house of representatives and the senate, to the house and senate
213	213	185committees on ways and means and to the chairs of the joint committee on telecommunications,
214	214	186utilities and energy.
215	215	187 SECTION 8. Section 23 of Chapter 25A is repealed. 10 of 10
216	216	188 SECTION 9. Section 8 of this act shall take effect on January 1, 2030.