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HOUSE DOCKET, NO. 4571 FILED ON: 4/14/2025
HOUSE . . . . . . . . . . . . . . . No. 4036
The Commonwealth of Massachusetts
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PRESENTED BY:
Tommy Vitolo
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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 Brookline to adopt green zoning by-laws and regulations.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tommy Vitolo15th Norfolk4/14/2025 1 of 3
HOUSE DOCKET, NO. 4571 FILED ON: 4/14/2025
HOUSE . . . . . . . . . . . . . . . No. 4036
By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 4036) of
Tommy Vitolo (by vote of the town) that the town of Brookline be authorized to adopt green
zoning by-laws and regulations in said town. Municipalities and Regional Government. [Local
Approval Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3850 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act authorizing the town of Brookline to adopt green zoning by-laws and regulations.
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. Notwithstanding section 3 of chapter 40A, section 95 of chapter 143 or
2chapter 164 of the General Laws, any statute or regulation relating to the state building code and
3its incorporated specialty codes or any other general or special law to the contrary, the town of
4Brookline may adopt zoning by-laws and regulations for the purpose of reducing greenhouse gas
5emissions, increasing energy efficiency and otherwise addressing specific harms stemming from
6or contributing to the climate crisis.
7 SECTION 2. A zoning by-law or regulation, the adoption of which is authorized by this
8act, shall not be deemed invalid or unenforceable or have its approval withheld by the attorney
9general on the basis that it regulates: 2 of 3
10 (i) the use of materials or methods of construction of buildings, whether or not otherwise
11regulated by the state building code; or
12 (ii) the use, inclusion or prohibition of certain design elements, components, equipment
13or infrastructure for the construction of buildings including, but not limited to, heating and
14cooling systems, solar energy systems and electric vehicle charging systems.
15 SECTION 3. A zoning by-law or regulation, the adoption of which is authorized by this
16act, shall not be deemed invalid or unenforceable or have its approval withheld by the attorney
17general on the basis that it regulates:
18 (i) air emissions regulated by the department of environmental protection;
19 (ii) seasonal, annual or lifetime greenhouse gas emissions of structures; or
20 (iii) greenhouse gas emissions attributable to construction, including those attributable to
21the production and transportation of building materials.
22 SECTION 4. A zoning by-law or regulation, the adoption of which is authorized by this
23act, shall not be deemed invalid or unenforceable or have its approval withheld by the attorney
24general on the basis that it regulates:
25 (i) the installation or prohibition of appliances or equipment, whether for residential or
26commercial purposes, that consume a utility product regulated under chapter 164 of the General
27Laws or otherwise by the department of public utilities;
28 (ii) new connections to a transmission or distribution system for consumer utility
29products that may impact directly or indirectly the sale or distribution of such utility products, 3 of 3
30including, but not limited to, natural gas, fuel oil, electricity, renewable natural gas, hydrogen,
31steam or hot or chilled water; or
32 (iii) greenhouse gas emissions attributable to the production, transmission, distribution or
33consumption of such utility products.
34 SECTION 5. If any provision of this act or the application thereof to any person or
35circumstance shall be found to be invalid for any reason in a court of competent jurisdiction,
36such invalidity shall be construed as narrowly as possible and the balance of the act shall be
37deemed to be affected to the minimum extent necessary, so as to secure the purposes of the act.
38 SECTION 6. This act shall take effect upon its passage