Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2294 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. 1188 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 2294
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
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 :Jason M. LewisFifth MiddlesexManny Cruz7th Essex2/12/2025 1 of 10
16	16	SENATE DOCKET, NO. 1188 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 2294
18	18	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 2294) of Jason M. Lewis and Manny
19	19	Cruz for legislation relative to building energy and decarbonization. Telecommunications,
20	20	Utilities and Energy.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2144 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to building energy and decarbonization.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Said section 10 of said chapter 25A is hereby further amended by inserting
32	32	2after subsection (c) the following new subsection:-
33	33	3 (c ½ ) To qualify as a green plus community, a municipality or other governmental body
34	34	4shall: (1) file an application with the division in a form and manner to be prescribed by the
35	35	5division; (2) establish a greenhouse gas emissions baseline inventory for residential, commercial
36	36	6and industrial buildings sited within the municipality, which may also include transportation,
37	37	7waste, and other sources of emissions within the municipality; (3) put in place a comprehensive
38	38	8plan whose implementation begins within 1 year from the date of initial participation in the
39	39	9program, designed to reduce the greenhouse gas emissions baseline inventory by a percentage
40	40	10approved by the division that is not less than 20 per cent within 5 years of initial participation in 2 of 10
41	41	11the program; (4) adopt the municipal opt-in specialized stretch energy code established in
42	42	12subsection 14 of Section 6 of chapter 25A; and (5) fulfill qualifications subsection 2 through 6
43	43	13inclusive of the green community program as described in section (c) or be served by a
44	44	14municipal lighting plant.
45	45	15 Preference shall be given to those municipalities that include additional sources of
46	46	16emissions within their greenhouse gas emissions baseline inventory. Not later than one year after
47	47	17the adoption of this section, the division shall adopt a tracking system for community-wide
48	48	18greenhouse gas emissions, to include but not be limited to the building, transportation, energy,
49	49	19land use, and waste sectors, that can be used by municipalities. The secretary may adapt these
50	50	20requirements based on a written finding that due to unusual circumstances, a municipality cannot
51	51	21reasonably meet all of the requirements and the municipality has committed to alternative
52	52	22measures that advance the purposes of the green plus communities program as effectively as
53	53	23adherence to the requirements.
54	54	24 SECTION 2. Said section 10 of said chapter 25A is hereby further amended in subsection
55	55	25(d) by striking the figure “20,000,000” and inserting in place thereof the following:-
56	56	26 “40,000,000 with not less than $10,000,000 going to green plus communities”.
57	57	27 SECTION 3. Section 20 of said chapter 25A is hereby amended by adding after “
58	58	28''Building'', a building or multiple buildings on a parcel, or any grouping of buildings designated
59	59	29by the department as an appropriate reporting unit for the purposes of this section.” the
60	60	30following:- 3 of 10
61	61	31 “building emissions”, greenhouse gas emissions as expressed in metric tons of carbon
62	62	32dioxide equivalent emitted as a result of operating a covered building and calculated in
63	63	33accordance with rules promulgated by the department.
64	64	34 “building emissions intensity”, for a covered building, the number obtained by dividing
65	65	35the building emissions by the gross floor area for such building, expressed in metric tons of
66	66	36carbon dioxide equivalent per square foot per year.
67	67	37 SECTION 4. Said section 20 of chapter 25A is hereby amended by adding after section
68	68	38(e) the following sections:-
69	69	39 (e ¼) The department shall promulgate regulations establishing annual carbon intensity
70	70	40limits on building emissions or a building energy performance standard or a combination thereof
71	71	41for large buildings in alignment with emissions limits and sublimits established in Chapter 21N.
72	72	42The regulations may allow for differences based on building use including commercial and
73	73	43industrial properties, residential buildings and other specialized typologies and may exclude
74	74	44electric vehicle charging. The building performance limits shall be set for periods of not more
75	75	45than five years and emissions limits shall decrease over time at a pace to at least align with
76	76	46emissions limits and sublimits established in Chapter 21N.
77	77	47 (e ½) The department shall promulgate regulations for alternative methods of compliance
78	78	48with building emissions intensity limits, energy use performance standards or a combination
79	79	49thereof as established by the department including but not limited to adjustments for the use of
80	80	50on-site renewable energy generation, adjustments for special categories of buildings or for
81	81	51special use, accommodations or support for buildings housing low- or moderate-income
82	82	52occupants, and alternative compliance payments. Alternative compliance payments shall be 4 of 10
83	83	53established such that low- and moderate-income households and small businesses are charged
84	84	54reduced amounts proportionate with their ability to pay. The division shall also establish fines for
85	85	55noncompliance which shall be higher than alternative compliance payments. Both alternative
86	86	56compliance payments and fines shall be deposited into the building energy retrofit program trust
87	87	57fund established in section 21 of this chapter.
88	88	58 (e ¾) Except as otherwise provided in this statute or otherwise provided by regulation,
89	89	59after a building is deemed a large building, it shall not exceed the annual building performance
90	90	60limits for such building as determined by the department.
91	91	61 SECTION 5. Said section 20 of chapter 25A is hereby amended by adding at the end of
92	92	62section (g) the following:-
93	93	63 “Said materials shall be available in English and in other languages commonly spoken in
94	94	64the Commonwealth. Such outreach shall include a list of city, state, federal, private and utility
95	95	65incentive programs related to building energy reduction, renewable energy, or building retrofits
96	96	66for which buildings reasonably could be eligible.”
97	97	67 SECTION 6. Said section 20 of chapter 25A is hereby amended by adding at the end of
98	98	68section (i) the following:-
99	99	69 “The department shall establish standards for collecting data on large buildings from
100	100	70approved municipal programs and shall not require owners of buildings in those municipalities to
101	101	71separately report their data to the department. The department shall adopt regulations that allow
102	102	72municipalities to adopt their own large building reporting requirements and their own building
103	103	73emissions or a building energy performance standard that exceed those reporting requirements
104	104	74established pursuant to this section.” 5 of 10
105	105	75 SECTION 7. Said chapter 25A is hereby amended by adding after Section 20 the
106	106	76following:--
107	107	77 Section 21. (a) There shall be a grant and loan program within the department known as
108	108	78the Building Energy and Emissions Retrofit Funding Program, hereafter referred to as the
109	109	79program, for the purpose of encouraging and supporting building owners to invest in deep energy
110	110	80retrofits and whole-building energy performance upgrades to their properties that reduce
111	111	81greenhouse gas emissions, create healthier homes and buildings, and are in alignment with
112	112	82achieving the GWSA limits and sublimits established under Chapter 21N. Eligible projects for
113	113	83funding shall include pre-weatherization barrier mitigation, pre-electrification barrier mitigation,
114	114	84and renewable energy systems, if part of a more comprehensive deep energy retrofit or whole-
115	115	85building energy performance upgrade. Conversions from one fossil fuel system to another or
116	116	86additions of fossil fuel systems or infrastructure shall not be funded by these programs.
117	117	87 The department shall develop the program in consultation with the net zero energy
118	118	88building advisory council established in section 23 of this chapter, the executive office of
119	119	89housing and livable communities, the department of public utilities, the department of
120	120	90environmental protection, the energy efficiency advisory council, the department of public
121	121	91health, and the Massachusetts clean energy center. Nothing in this section guarantees an
122	122	92individual or corporation a right to the benefits provided in this section.
123	123	93 (b) The department shall design and implement the program, which shall include a
124	124	94certification process to certify qualified expenses for a grant or loan under this section.
125	125	95Applications for the program shall be reviewed and grants or loans shall be awarded on no less
126	126	96than an annual basis. 6 of 10
127	127	97 (c) The department shall, (i) promote awareness of the program, including through
128	128	98coordination with relevant trade groups, community-based organizations, nonprofits,
129	129	99municipalities, regional planning agencies, and by integration in economic development
130	130	100marketing campaigns; and (ii) adopt measurable goals, performance measures, and an audit
131	131	101strategy to assess the utilization and performance of the program.
132	132	102 (d) The department shall fund (i) property that is located in an environmental justice
133	133	103community as defined in section 62 of chapter 30; (ii) property that is low- or moderate-income
134	134	104or rental housing; (iii) property owned by municipalities; and (iv) projects that address
135	135	105environmental burdens from air and/or water pollution.
136	136	106 (e) The incentives shall be funded, at least in part, by the building energy retrofit program
137	137	107trust fund established in section 22 of chapter 25A. To the extent possible, the program shall seek
138	138	108to leverage existing state and federal programs including. but not limited to, Massachusetts
139	139	109School Building Authority and the Massachusetts public library construction program.
140	140	110 (f) The department shall promulgate rules, regulations and guidelines for the
141	141	111administration and oversight of this chapter which shall include definitions of deep energy
142	142	112retrofit, pre-weatherization barriers, and pre-electrification barriers and may allow for
143	143	113municipalities to establish or continue their own municipal program so long as it meets or
144	144	114exceeds the greenhouse gas emissions reductions of the Building Energy Retrofit Funding
145	145	115Program. The department shall commence awarding funds no later than January 1, 2027.
146	146	116 Section 22. (a) The commissioner shall create and administer the building energy retrofit
147	147	117program trust fund into which shall be deposited: (i) any revenues or other financing sources
148	148	118directed to the fund by appropriation; (ii) bond revenues authorized by the general court and 7 of 10
149	149	119designated to be credited to the fund; (iii) any income derived from the investment credited to the
150	150	120fund; (iv) funds from public or private sources including, but not limited to, gifts, federal or
151	151	121private grants, donations, rebates and settlements received by the commonwealth that are
152	152	122designated to be credited to the fund; and (v) all other amounts credited or transferred into the
153	153	123fund from any other source.
154	154	124 (b) There shall be established upon the books of the commonwealth a separate fund to be
155	155	125known as the Building Energy Retrofit Trust Fund. There shall be credited to said fund all
156	156	126amounts received through (i) any revenues or other financing sources directed to the fund by
157	157	127appropriation; (ii) bond revenues authorized by the general court and designated to be credited to
158	158	128the fund; (iii) any income derived from the investment credited to the fund; (iv) funds from
159	159	129public or private sources including, but not limited to, gifts, federal or private grants, donations,
160	160	130rebates and settlements received by the commonwealth that are designated to be credited to the
161	161	131fund; and (v) all other amounts credited or transferred into the fund from any other source. All
162	162	132amounts credited to the fund shall be held in trust and shall be available for expenditure, without
163	163	133further appropriation, by the department for activities of the department related to section 18 and
164	164	134section 19 of this chapter. Any unexpended balance in the fund at the close of a fiscal year shall
165	165	135remain in the fund and shall be available for expenditure in the following fiscal year; provided
166	166	136however, that the fund shall not be in deficit at the end of any state fiscal year.
167	167	137 (c) The operating and administrative expenses shall not exceed 5 per cent of the annual
168	168	138total revenue expended from the fund.
169	169	139 (d) Annually, not later than December 1 of each year, the commissioner shall report on
170	170	140the activities of the fund to the clerks of the house of representatives, the senate and to the house 8 of 10
171	171	141and senate committees on ways and means, and the net zero energy building advisory council
172	172	142established in section 23 of this chapter. The report shall include an accounting of expenditures
173	173	143made from the fund with a description of the purpose of each expenditure, an accounting of
174	174	144amounts credited to the fund and any unexpended balance remaining in the fund.
175	175	145 Section 23. (a) The commissioner shall establish a net zero energy building advisory
176	176	146council which shall review and provide feedback on the implementation of sections 20, 21 and
177	177	14722 of this chapter with a focus on supporting development of net zero buildings in the
178	178	148commonwealth in alignment with the targets established in chapter 21N. The council shall be
179	179	149chaired by the commissioner or a designee and members shall include, but are not limited to: (i)
180	180	150The attorney general, or a designee; (ii) at least two residents of environmental justice
181	181	151communities as defined in section 62 of chapter 30; (iii) at least two certified minority-owned or
182	182	152women-owned small business enterprises that perform clean energy services; (iv) one
183	183	153representative of the public institutions of higher education included in section 5 of chapter 15A;
184	184	154(v) one representative of the MassHire state workforce board; (vi) one representative of the
185	185	155energy efficiency advisory council established in section 22 of chapter 25 who does not represent
186	186	156a state agency or utility that is otherwise seated on the council; (vii) one representative of a
187	187	157building trade association; (viii) one representative of the labor community; (ix) one residential
188	188	158architect; (x) one commercial architect; (xi) one building engineer; (xii) one non-profit that
189	189	159specializes in clean energy efficiency research; (xiii) one representative of the low-income
190	190	160energy affordability network; (xiv) two representatives of commonwealth cities and towns, one
191	191	161rural and one suburban; (xv) one representative of a regional planning agency; and (xvi) one
192	192	162expert in land use. 9 of 10
193	193	163 Non-voting members shall include the secretary of housing and community development
194	194	164or their designee; the commissioner of the department of public health or their designee the
195	195	165commissioner of the department of environmental protection or their designee; the CEO of
196	196	166Massachusetts Clean Energy Center or their designee; a representative of an investor-owned
197	197	167utility, and a representative of a municipal lighting plant or municipal light plant industry
198	198	168association.
199	199	169 Interested parties shall apply to the commissioner for designation as members. There
200	200	170shall be members from each county of the commonwealth represented on the council. In their
201	201	171initial appointments, the commissioner shall designate one third of members to serve for one
202	202	172year, one third to serve for a term of two years and the remaining third to serve for a term of
203	203	173three years and their successors shall serve for terms of three years.
204	204	174 The advisory board may convene working groups. Such working groups may include
205	205	175individuals external to the advisory board. The commissioner shall invite the appropriate federal,
206	206	176state and local agencies and authorities to participate.
207	207	177 (b) The advisory council shall meet at least 4 times a year and shall hold at least 2 public
208	208	178hearings each year. The council shall review and monitor the recommendations for expenditure
209	209	179of grants and programs in the secretariat. In the event the council or members of the council
210	210	180disapproves of any such recommendation it may file a report noting its objection with the
211	211	181governor, the house and senate committees on ways and means and the joint committee on
212	212	182environment, natural resources and agriculture.
213	213	183 (c) Not later than December 1 of each year, the Department shall report on the activities
214	214	184of the council to the clerks of the house of representatives and the senate, to the house and senate 10 of 10
215	215	185committees on ways and means and to the chairs of the joint committee on telecommunications,
216	216	186utilities and energy.
217	217	187 SECTION 8. Section 23 of Chapter 25A is repealed.
218	218	188 SECTION 9. Section 8 of this act shall take effect on January 1, 2030.