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5 | 5 | | 2023 -- H 5600 |
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6 | 6 | | ======== |
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7 | 7 | | LC000719 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO PUBLIC PROPERTY AND WORKS -- ALL-ELECTRIC BUILDING ACT |
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16 | 16 | | Introduced By: Representatives Cortvriend, Potter, Handy, McGaw, Carson, Kislak, |
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17 | 17 | | Donovan, Speakman, and Cotter |
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18 | 18 | | Date Introduced: February 15, 2023 |
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19 | 19 | | Referred To: House Municipal Government & Housing |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Title 37 of the General Laws entitled "PUBLIC PROPERTY AND WORKS" 1 |
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24 | 24 | | is hereby amended by adding thereto the following chapter: 2 |
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25 | 25 | | CHAPTER 27 3 |
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26 | 26 | | ALL-ELECTRIC BUILDING ACT 4 |
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27 | 27 | | 37-27-1. Short title. 5 |
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28 | 28 | | This chapter shall be known and may be cited as the "All-Electric Building Act". 6 |
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29 | 29 | | 37-27-2. Definitions. 7 |
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30 | 30 | | As used in this chapter: 8 |
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31 | 31 | | (1) "All-electric building or project" means a building or project that uses a permanent 9 |
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32 | 32 | | supply of electricity as the sole source of energy to meet building energy needs. An all-electric 10 |
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33 | 33 | | building or project shall have no natural gas, propane, or oil heaters, boilers, piping systems, 11 |
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34 | 34 | | fixtures or infrastructure installed to meet building energy needs. 12 |
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35 | 35 | | (2) "All-electric ready" means a building, project, or portion thereof that contains electrical 13 |
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36 | 36 | | systems and designs that provide sufficient capacity for a future retrofit of a mixed-fuel building to 14 |
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37 | 37 | | an all-electric building, including sufficient space, drainage, electrical conductors or raceways, bus 15 |
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38 | 38 | | bar capacity, and overcurrent protective devices for such retrofit. The public utilities commission 16 |
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39 | 39 | | in conjunction with the office of housing and community development and state building code 17 |
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40 | 40 | | commission shall promulgate guidelines for an electric-ready building on or before January 1, 2024. 18 |
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41 | 41 | | (3) "Building energy needs" means all space conditioning including heating and cooling, 19 |
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42 | 42 | | |
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43 | 43 | | |
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44 | 44 | | LC000719 - Page 2 of 4 |
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45 | 45 | | water heating including pools and spas, cooking appliances and clothes drying appliances. 1 |
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46 | 46 | | (4) "Mixed-fuel building" means a building that uses a combination of electricity and 2 |
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47 | 47 | | natural gas, propane, or oil to meet building energy needs. For the purposes of this section, "mixed-3 |
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48 | 48 | | fuel building" shall not include buildings that use geothermal or solar energy to meet heating and/or 4 |
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49 | 49 | | cooling building energy needs; provided, however, that are otherwise all-electric buildings. 5 |
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50 | 50 | | (5) "Mixed-use building" means a building used for both residential and commercial 6 |
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51 | 51 | | purposes. 7 |
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52 | 52 | | 37-27-3. Permits for all-electric buildings. 8 |
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53 | 53 | | (a) No city or town shall issue a permit for the construction of any new commercial, 9 |
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54 | 54 | | residential, or mixed-use building that is not an all-electric building if the initial application for 10 |
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55 | 55 | | such permit was submitted after December 31, 2024, unless the circumstances set forth in 11 |
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56 | 56 | | subsection (b) or (e) of this section apply. For purposes of this subsection, the initial application 12 |
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57 | 57 | | shall be the first site or building permit application associated with the building or project. 13 |
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58 | 58 | | (b) Notwithstanding the provisions of subsection (a) of this section, a city or town may 14 |
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59 | 59 | | issue a permit for construction of a new mixed-fuel building upon a finding by the permitting body 15 |
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60 | 60 | | of such city or town that constructing an all-electric building or project is physically or technically 16 |
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61 | 61 | | infeasible and that a modification is warranted. Financial considerations shall not be a sufficient 17 |
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62 | 62 | | basis to determine physical or technical infeasibility. Modifications shall only be issued under this 18 |
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63 | 63 | | exception where the permitting body finds that: 19 |
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64 | 64 | | (1) Sufficient evidence was submitted to substantiate the infeasibility of an all-electric 20 |
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65 | 65 | | building or project design. Such evidence shall show that the building either: 21 |
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66 | 66 | | (i) Cannot satisfy necessary building code requirements without the usage of gas or oil 22 |
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67 | 67 | | piping systems, fixtures and/or infrastructure; or 23 |
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68 | 68 | | (ii) If the building is specifically designated for occupancy by a commercial food service 24 |
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69 | 69 | | establishment, that such establishment cannot feasibly operate using commercially available all-25 |
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70 | 70 | | electric appliances; 26 |
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71 | 71 | | (2) The installation of natural gas or oil piping systems, fixtures and/or infrastructure is 27 |
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72 | 72 | | strictly limited to the system and area of the building for which an all-electric building or project 28 |
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73 | 73 | | design is infeasible; 29 |
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74 | 74 | | (3) The area or service within the project where gas or oil piping systems, fixtures and/or 30 |
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75 | 75 | | infrastructure are installed is all-electric ready; and 31 |
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76 | 76 | | (4) The project's modified design provides equivalent health, safety and fire protection to 32 |
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77 | 77 | | an all-electric building or project design. 33 |
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78 | 78 | | (c) No local permitting body shall issue building or construction permits that would convert 34 |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LC000719 - Page 3 of 4 |
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82 | 82 | | an all-electric building or project into a mixed-fuel building where the initial application was 1 |
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83 | 83 | | submitted after December 31, 2024. 2 |
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84 | 84 | | (d) On or before February 1, 2025, the public utilities commission, the office of housing 3 |
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85 | 85 | | community development and the state building code commission shall report jointly to the 4 |
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86 | 86 | | governor, the senate president, and the speaker of the house, regarding what changes to electric rate 5 |
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87 | 87 | | designs, new or existing subsidy programs, policies, or laws are necessary to ensure this section 6 |
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88 | 88 | | does not diminish the production of affordable housing or the affordability of electricity for 7 |
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89 | 89 | | customers in all-electric buildings. For the purpose of this subsection, "affordability of electricity" 8 |
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90 | 90 | | means that electricity does not cost more than six percent (6%) of a residential customer's income. 9 |
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91 | 91 | | (e) Exemptions. Notwithstanding the provisions of subsection (a) of this section, a city or 10 |
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92 | 92 | | town shall issue a permit for new construction, substantial remodel, or rehabilitation of a building 11 |
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93 | 93 | | or group of buildings, in which the use of mixed-fuel is used to meet building energy needs and 12 |
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94 | 94 | | said building or group of buildings are for the sole use as a hospital, medical facility, laboratory for 13 |
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95 | 95 | | biological research or restaurant. 14 |
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96 | 96 | | SECTION 2. This act shall take effect upon passage. 15 |
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97 | 97 | | ======== |
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98 | 98 | | LC000719 |
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100 | 100 | | |
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101 | 101 | | |
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102 | 102 | | LC000719 - Page 4 of 4 |
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103 | 103 | | EXPLANATION |
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104 | 104 | | BY THE LEGISLATIVE COUNCIL |
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105 | 105 | | OF |
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106 | 106 | | A N A C T |
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107 | 107 | | RELATING TO PUBLIC PROPERTY AND WORKS -- ALL-ELECTRIC BUILDING ACT |
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108 | 108 | | *** |
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109 | 109 | | This act would provide that no city or town would issue a permit for the construction of 1 |
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110 | 110 | | new buildings that are not an all-electric building, if the initial application for a permit was 2 |
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111 | 111 | | submitted after December 31, 2024, unless certain circumstances apply. Exceptions would be 3 |
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112 | 112 | | granted to restaurants, hospitals, medical facilities or biolabs. 4 |
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113 | 113 | | This act would take effect upon passage. 5 |
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114 | 114 | | ======== |
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115 | 115 | | LC000719 |
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116 | 116 | | ======== |
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