Rhode Island 2023 Regular Session

Rhode Island House Bill H5600 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO PUBLIC PROPERTY AND WORKS -- ALL-ELECTRIC BUILDING ACT
1616 Introduced By: Representatives Cortvriend, Potter, Handy, McGaw, Carson, Kislak,
1717 Donovan, Speakman, and Cotter
1818 Date Introduced: February 15, 2023
1919 Referred To: House Municipal Government & Housing
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 37 of the General Laws entitled "PUBLIC PROPERTY AND WORKS" 1
2424 is hereby amended by adding thereto the following chapter: 2
2525 CHAPTER 27 3
2626 ALL-ELECTRIC BUILDING ACT 4
2727 37-27-1. Short title. 5
2828 This chapter shall be known and may be cited as the "All-Electric Building Act". 6
2929 37-27-2. Definitions. 7
3030 As used in this chapter: 8
3131 (1) "All-electric building or project" means a building or project that uses a permanent 9
3232 supply of electricity as the sole source of energy to meet building energy needs. An all-electric 10
3333 building or project shall have no natural gas, propane, or oil heaters, boilers, piping systems, 11
3434 fixtures or infrastructure installed to meet building energy needs. 12
3535 (2) "All-electric ready" means a building, project, or portion thereof that contains electrical 13
3636 systems and designs that provide sufficient capacity for a future retrofit of a mixed-fuel building to 14
3737 an all-electric building, including sufficient space, drainage, electrical conductors or raceways, bus 15
3838 bar capacity, and overcurrent protective devices for such retrofit. The public utilities commission 16
3939 in conjunction with the office of housing and community development and state building code 17
4040 commission shall promulgate guidelines for an electric-ready building on or before January 1, 2024. 18
4141 (3) "Building energy needs" means all space conditioning including heating and cooling, 19
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4545 water heating including pools and spas, cooking appliances and clothes drying appliances. 1
4646 (4) "Mixed-fuel building" means a building that uses a combination of electricity and 2
4747 natural gas, propane, or oil to meet building energy needs. For the purposes of this section, "mixed-3
4848 fuel building" shall not include buildings that use geothermal or solar energy to meet heating and/or 4
4949 cooling building energy needs; provided, however, that are otherwise all-electric buildings. 5
5050 (5) "Mixed-use building" means a building used for both residential and commercial 6
5151 purposes. 7
5252 37-27-3. Permits for all-electric buildings. 8
5353 (a) No city or town shall issue a permit for the construction of any new commercial, 9
5454 residential, or mixed-use building that is not an all-electric building if the initial application for 10
5555 such permit was submitted after December 31, 2024, unless the circumstances set forth in 11
5656 subsection (b) or (e) of this section apply. For purposes of this subsection, the initial application 12
5757 shall be the first site or building permit application associated with the building or project. 13
5858 (b) Notwithstanding the provisions of subsection (a) of this section, a city or town may 14
5959 issue a permit for construction of a new mixed-fuel building upon a finding by the permitting body 15
6060 of such city or town that constructing an all-electric building or project is physically or technically 16
6161 infeasible and that a modification is warranted. Financial considerations shall not be a sufficient 17
6262 basis to determine physical or technical infeasibility. Modifications shall only be issued under this 18
6363 exception where the permitting body finds that: 19
6464 (1) Sufficient evidence was submitted to substantiate the infeasibility of an all-electric 20
6565 building or project design. Such evidence shall show that the building either: 21
6666 (i) Cannot satisfy necessary building code requirements without the usage of gas or oil 22
6767 piping systems, fixtures and/or infrastructure; or 23
6868 (ii) If the building is specifically designated for occupancy by a commercial food service 24
6969 establishment, that such establishment cannot feasibly operate using commercially available all-25
7070 electric appliances; 26
7171 (2) The installation of natural gas or oil piping systems, fixtures and/or infrastructure is 27
7272 strictly limited to the system and area of the building for which an all-electric building or project 28
7373 design is infeasible; 29
7474 (3) The area or service within the project where gas or oil piping systems, fixtures and/or 30
7575 infrastructure are installed is all-electric ready; and 31
7676 (4) The project's modified design provides equivalent health, safety and fire protection to 32
7777 an all-electric building or project design. 33
7878 (c) No local permitting body shall issue building or construction permits that would convert 34
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8282 an all-electric building or project into a mixed-fuel building where the initial application was 1
8383 submitted after December 31, 2024. 2
8484 (d) On or before February 1, 2025, the public utilities commission, the office of housing 3
8585 community development and the state building code commission shall report jointly to the 4
8686 governor, the senate president, and the speaker of the house, regarding what changes to electric rate 5
8787 designs, new or existing subsidy programs, policies, or laws are necessary to ensure this section 6
8888 does not diminish the production of affordable housing or the affordability of electricity for 7
8989 customers in all-electric buildings. For the purpose of this subsection, "affordability of electricity" 8
9090 means that electricity does not cost more than six percent (6%) of a residential customer's income. 9
9191 (e) Exemptions. Notwithstanding the provisions of subsection (a) of this section, a city or 10
9292 town shall issue a permit for new construction, substantial remodel, or rehabilitation of a building 11
9393 or group of buildings, in which the use of mixed-fuel is used to meet building energy needs and 12
9494 said building or group of buildings are for the sole use as a hospital, medical facility, laboratory for 13
9595 biological research or restaurant. 14
9696 SECTION 2. This act shall take effect upon passage. 15
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103103 EXPLANATION
104104 BY THE LEGISLATIVE COUNCIL
105105 OF
106106 A N A C T
107107 RELATING TO PUBLIC PROPERTY AND WORKS -- ALL-ELECTRIC BUILDING ACT
108108 ***
109109 This act would provide that no city or town would issue a permit for the construction of 1
110110 new buildings that are not an all-electric building, if the initial application for a permit was 2
111111 submitted after December 31, 2024, unless certain circumstances apply. Exceptions would be 3
112112 granted to restaurants, hospitals, medical facilities or biolabs. 4
113113 This act would take effect upon passage. 5
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