| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- S 0091 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000179 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO HEALTH AND SAFETY -- BUILDING DECARBONIZATION ACT OF 2024 |
|---|
| 16 | 16 | | Introduced By: Senators Kallman, Sosnowski, DiMario, Euer, Lawson, Britto, Gu, Gallo, |
|---|
| 17 | 17 | | McKenney, and Valverde |
|---|
| 18 | 18 | | Date Introduced: January 31, 2025 |
|---|
| 19 | 19 | | Referred To: Senate Environment & Agriculture |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Findings and purpose. 1 |
|---|
| 24 | 24 | | The purpose of this chapter is to understand and reduce the greenhouse gas emissions of 2 |
|---|
| 25 | 25 | | buildings in Rhode Island, consistent with an Act on Climate, chapter 6.2-9 of title 42. Of the 3 |
|---|
| 26 | 26 | | building stock in 2050, approximately seventy percent (70%) has already been built, and addressing 4 |
|---|
| 27 | 27 | | these existing buildings is critical to achieving net-zero emissions by 2050. While significant 5 |
|---|
| 28 | 28 | | retrofits to existing buildings will eventually be needed, this chapter establishes a program for the 6 |
|---|
| 29 | 29 | | energy benchmarking of large buildings in Rhode Island and a standard for their energy 7 |
|---|
| 30 | 30 | | performance and requires that the construction or alteration of new buildings be electric-ready. 8 |
|---|
| 31 | 31 | | Further, the intent of the legislature is to ensure that the Executive Climate Change Coordinating 9 |
|---|
| 32 | 32 | | Council (EC4) has dedicated resources sufficient to administer its responsibilities under this chapter 10 |
|---|
| 33 | 33 | | to enable swift and steady progress towards Rhode Island's net-zero mandate. 11 |
|---|
| 34 | 34 | | SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 12 |
|---|
| 35 | 35 | | amended by adding thereto the following chapter: 13 |
|---|
| 36 | 36 | | CHAPTER 27.5 14 |
|---|
| 37 | 37 | | BUILDING DECARBONIZATION ACT OF 2025 15 |
|---|
| 38 | 38 | | 23-27.5-1. Definitions. 16 |
|---|
| 39 | 39 | | As used in this chapter: 17 |
|---|
| 40 | 40 | | (1) "Anonymized and aggregated usage data" means, for a specified time period, an 18 |
|---|
| 41 | 41 | | aggregation of utility usage data for a covered property whereby data from tenant meters and from 19 |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | |
|---|
| 44 | 44 | | LC000179 - Page 2 of 16 |
|---|
| 45 | 45 | | owner meters are combined into one collective data point for each utility type, and where any 1 |
|---|
| 46 | 46 | | unique identifiers or other personal information related to tenants are removed. Data for a covered 2 |
|---|
| 47 | 47 | | property may be anonymized and aggregated where there are three (3) or more unique non-3 |
|---|
| 48 | 48 | | residential accounts or five (5) or more unique residential accounts. 4 |
|---|
| 49 | 49 | | (2) "BPS fund" means the building performance standard fund established in § 23-27.5-5 |
|---|
| 50 | 50 | | 7(g). 6 |
|---|
| 51 | 51 | | (3) "Building improvement tool" means an online tool to help building owners and 7 |
|---|
| 52 | 52 | | operators improve building energy and water efficiency and reduce greenhouse gas emissions 8 |
|---|
| 53 | 53 | | through identifying, tracking, and verifying improvements and their performance, including the 9 |
|---|
| 54 | 54 | | capability to integrate with ENERGY STAR Portfolio Manager. 10 |
|---|
| 55 | 55 | | (4) "Building performance standard" means an objectively verifiable numeric value of a 11 |
|---|
| 56 | 56 | | defined building performance metric that covered properties are required to achieve by specified 12 |
|---|
| 57 | 57 | | dates. 13 |
|---|
| 58 | 58 | | (5) "Commercial building" means a building or multiple buildings on a property of which 14 |
|---|
| 59 | 59 | | not less than fifty percent (50%) of the gross floor area, including hallways or other common space, 15 |
|---|
| 60 | 60 | | but excluding parking, is used for commercial, retail, office, professional, educational or other 16 |
|---|
| 61 | 61 | | nonresidential purposes, or any grouping of commercial buildings designated by the EC4 as an 17 |
|---|
| 62 | 62 | | appropriate reporting unit for the purposes of this section; provided however, that "commercial 18 |
|---|
| 63 | 63 | | building" shall not include a public facility or a building owned or leased by the federal government, 19 |
|---|
| 64 | 64 | | and shall not include a facility in which the majority of energy is consumed for manufacturing, for 20 |
|---|
| 65 | 65 | | the generation of electric power or district thermal energy to be consumed off site, for 21 |
|---|
| 66 | 66 | | communications infrastructure, or for other process loads as determined by the EC4. 22 |
|---|
| 67 | 67 | | (6) "Community impacted by poverty and environmental injustice" means census tracts 23 |
|---|
| 68 | 68 | | that are highlighted as overburdened and underserved in the geospatial Climate and Economic 24 |
|---|
| 69 | 69 | | Justice Screening Tool (CEJST). 25 |
|---|
| 70 | 70 | | (7) "Condominium" means a property that combines separate ownership of individual 26 |
|---|
| 71 | 71 | | units with common ownership of other elements such as common areas. 27 |
|---|
| 72 | 72 | | (8) "Covered property" means any of the following with at least twenty-five thousand 28 |
|---|
| 73 | 73 | | square feet (25,000 sq. ft.) of gross floor area: 29 |
|---|
| 74 | 74 | | (i) A single building; 30 |
|---|
| 75 | 75 | | (ii) One or more buildings held in the condominium form of ownership, and governed by 31 |
|---|
| 76 | 76 | | a single board of managers; or 32 |
|---|
| 77 | 77 | | (iii) Two (2) or more buildings that are served by the same electric or gas meter or are 33 |
|---|
| 78 | 78 | | served by the same heating or cooling system(s), which is not a district energy system. Provided 34 |
|---|
| 79 | 79 | | |
|---|
| 80 | 80 | | |
|---|
| 81 | 81 | | LC000179 - Page 3 of 16 |
|---|
| 82 | 82 | | that buildings, spaces, or groups of buildings and spaces, that are sub-metered or otherwise subject 1 |
|---|
| 83 | 83 | | to easy determination of the resource consumption attributable to each individual building, space, 2 |
|---|
| 84 | 84 | | or group of buildings or spaces, shall be treated as separate "covered properties" as determined by 3 |
|---|
| 85 | 85 | | the EC4. 4 |
|---|
| 86 | 86 | | (9) "District energy system" means a system serving multiple covered properties and 5 |
|---|
| 87 | 87 | | consisting of non-combusting thermal energy generation, transfer, and distribution equipment 6 |
|---|
| 88 | 88 | | providing thermal energy in the form of heat and/or heat rejection. 7 |
|---|
| 89 | 89 | | (10) "Executive Climate Change Coordinating Council" or "Council" or "EC4" means the 8 |
|---|
| 90 | 90 | | council established by § 42-6.2-1. 9 |
|---|
| 91 | 91 | | (11) "Gross floor area" means the total area of a covered property, measured between the 10 |
|---|
| 92 | 92 | | outside surface of the exterior walls of the covered property building(s). The EC4 shall promulgate 11 |
|---|
| 93 | 93 | | rules and procedures governing the calculation of gross floor area, including areas that shall be 12 |
|---|
| 94 | 94 | | excluded from the calculation. 13 |
|---|
| 95 | 95 | | (12) "Owner" means any of the following: 14 |
|---|
| 96 | 96 | | (i) An individual or entity possessing title to a covered property; 15 |
|---|
| 97 | 97 | | (ii) The board of the owners' association, in the case of a condominium; 16 |
|---|
| 98 | 98 | | (iii) The master association, in the case of a condominium, where the powers of an owners' 17 |
|---|
| 99 | 99 | | association are exercised by or delegated to a master association; 18 |
|---|
| 100 | 100 | | (iv) The board of directors, in the case of a cooperative apartment corporation; or 19 |
|---|
| 101 | 101 | | (v) An agent authorized to act on behalf of any of the above. 20 |
|---|
| 102 | 102 | | (13) "Performance metrics" means each of the objectively verifiable numeric measures of 21 |
|---|
| 103 | 103 | | building performance as established by § 23-27.5-4(d). 22 |
|---|
| 104 | 104 | | (14) "Property type(s)" means a category of covered properties subject to the same interim 23 |
|---|
| 105 | 105 | | and final building performance standards, as defined by the EC4. Covered properties within each 24 |
|---|
| 106 | 106 | | property type shall have shared characteristics that facilitate the implementation and enforcement 25 |
|---|
| 107 | 107 | | of this law. The EC4 may define one or more property types to be identical to ENERGY STAR 26 |
|---|
| 108 | 108 | | property types. 27 |
|---|
| 109 | 109 | | (15) "Public facility" means any public institution, public facility, or any physical asset 28 |
|---|
| 110 | 110 | | owned, including its public real-property site, leased or controlled in whole or in part by this state, 29 |
|---|
| 111 | 111 | | a public agency, a municipality or a political subdivision, that is for public or government use and 30 |
|---|
| 112 | 112 | | that consumes energy. 31 |
|---|
| 113 | 113 | | (16) "Residential building" means a building or multiple buildings on a property of which 32 |
|---|
| 114 | 114 | | not less than fifty percent (50%) of the gross floor area, including hallways and other common 33 |
|---|
| 115 | 115 | | space serving residents, but excluding parking, is used for dwelling purposes, or any grouping of 34 |
|---|
| 116 | 116 | | |
|---|
| 117 | 117 | | |
|---|
| 118 | 118 | | LC000179 - Page 4 of 16 |
|---|
| 119 | 119 | | residential buildings designated by the EC4 as an appropriate reporting unit for the purposes of this 1 |
|---|
| 120 | 120 | | chapter; provided, however, that "residential building" shall not include a public facility or a 2 |
|---|
| 121 | 121 | | building owned or leased by the federal government. 3 |
|---|
| 122 | 122 | | (17) "Tenant" means any tenant, tenant-stockholder of a cooperative apartment 4 |
|---|
| 123 | 123 | | corporation, or condominium unit owner. 5 |
|---|
| 124 | 124 | | (18) "Utility" means a company, cooperative, association, or government entity that 6 |
|---|
| 125 | 125 | | distributes and sells electricity, natural gas, or district energy for use in buildings. 7 |
|---|
| 126 | 126 | | 23-27.5-2. Authority. 8 |
|---|
| 127 | 127 | | The EC4 is hereby granted authority to administer this chapter, which shall include the 9 |
|---|
| 128 | 128 | | authority to issue forms and guidance, promulgate rules and regulations, apply for and receive 10 |
|---|
| 129 | 129 | | federal funds, assess and receive fees, and contract with third parties to effectuate the powers 11 |
|---|
| 130 | 130 | | granted herein. 12 |
|---|
| 131 | 131 | | 23-27.5-3. Advisory Boards. 13 |
|---|
| 132 | 132 | | (a) For purposes of this chapter, the green building advisory committee (GBAC) 14 |
|---|
| 133 | 133 | | established by § 37-24-5(g) shall act as an advisory board to the EC4 concerning the 15 |
|---|
| 134 | 134 | | implementation of this chapter including, but not limited to, the establishment of the benchmarking 16 |
|---|
| 135 | 135 | | requirements, technical assistance, owner needs, outreach and education, opportunities for funding 17 |
|---|
| 136 | 136 | | related to the chapter, the implementation of state policies, programs, and statutes related to the 18 |
|---|
| 137 | 137 | | chapter and recommendations for building performance standards. 19 |
|---|
| 138 | 138 | | (b) No later than one hundred and twenty (120) days following the enactment of this 20 |
|---|
| 139 | 139 | | chapter the EC4 shall establish the environmental justice advisory board (EJAB) to advise the EC4 21 |
|---|
| 140 | 140 | | on climate change efforts with respect to potential impacts on, benefits to, and special 22 |
|---|
| 141 | 141 | | considerations for individuals and communities impacted by poverty and environmental injustice. 23 |
|---|
| 142 | 142 | | (1) The EJAB shall be comprised of no fewer than nine (9) and no more than fifteen (15) 24 |
|---|
| 143 | 143 | | individuals who are representatives of communities impacted by poverty and environmental 25 |
|---|
| 144 | 144 | | injustice, representatives of nonprofit and public agencies who work with such individuals or 26 |
|---|
| 145 | 145 | | communities, including providers of affordable housing, small business owners or organizations, 27 |
|---|
| 146 | 146 | | and experts in areas related to racial and social equity, as well as one representative from the Rhode 28 |
|---|
| 147 | 147 | | Island AFL-CIO. The EC4 shall select individuals in consultation with the EC4 advisory board, to 29 |
|---|
| 148 | 148 | | serve on the EJAB following an opportunity for the public to apply in consultation with the EC4 30 |
|---|
| 149 | 149 | | advisory board. 31 |
|---|
| 150 | 150 | | (2) All appointments to the EJAB shall be for a term of three (3) years. Members whose 32 |
|---|
| 151 | 151 | | appointed terms have expired shall be permitted to continue to serve for up to one year until 33 |
|---|
| 152 | 152 | | reappointed or replaced by a new appointee. 34 |
|---|
| 153 | 153 | | |
|---|
| 154 | 154 | | |
|---|
| 155 | 155 | | LC000179 - Page 5 of 16 |
|---|
| 156 | 156 | | (3) The EC4 shall fairly compensate EJAB members and provide stipends to cover the cost 1 |
|---|
| 157 | 157 | | of childcare and information technology needs as determined by the EJAB and EC4. 2 |
|---|
| 158 | 158 | | (4) The EJAB shall advise the EC4 on the implementation of this chapter with respect to 3 |
|---|
| 159 | 159 | | potential impacts on, benefits to, and special considerations for individuals and communities 4 |
|---|
| 160 | 160 | | impacted by poverty and environmental injustice, and small business owners from such 5 |
|---|
| 161 | 161 | | communities. 6 |
|---|
| 162 | 162 | | (5) The EJAB may develop a plan to allocate funds available in the BPS fund, established 7 |
|---|
| 163 | 163 | | under § 23-27.5-7(g), to improve the performance of covered buildings and ensure that those 8 |
|---|
| 164 | 164 | | investments benefit such communities. 9 |
|---|
| 165 | 165 | | (6) The EJAB may host, in partnership with the GBAC and the EC4, public meetings to 10 |
|---|
| 166 | 166 | | gather input regarding the benchmarking program as well as the design and implementation of the 11 |
|---|
| 167 | 167 | | building performance standards and complementary programs. Equitable engagement shall be a 12 |
|---|
| 168 | 168 | | priority. 13 |
|---|
| 169 | 169 | | 23-27.5-4. Building Benchmarking. 14 |
|---|
| 170 | 170 | | (a) There is hereby established an energy use benchmarking program to collect and analyze 15 |
|---|
| 171 | 171 | | such information in support of the statewide greenhouse gas emission reduction mandate provided 16 |
|---|
| 172 | 172 | | in chapter 6.2 of title 42 ("act on climate"). 17 |
|---|
| 173 | 173 | | (b) The program shall be conducted to determine whether each building subject to the 18 |
|---|
| 174 | 174 | | program utilizes more or less energy, and emits more or less greenhouse gases, than buildings of 19 |
|---|
| 175 | 175 | | comparable size, occupancies and uses, and to inform a statewide analysis of energy use trends and 20 |
|---|
| 176 | 176 | | opportunities to increase energy efficiency and reduce greenhouse gas emissions. 21 |
|---|
| 177 | 177 | | (c) Information to be collected in the benchmarking program and generally referred to as 22 |
|---|
| 178 | 178 | | "energy use information" shall include at a minimum: 23 |
|---|
| 179 | 179 | | (1) The name, mailing address, email, and telephone number of the owner, and the operator 24 |
|---|
| 180 | 180 | | if different from the owner; 25 |
|---|
| 181 | 181 | | (2) The address of the building and the municipality in which the building is located; 26 |
|---|
| 182 | 182 | | (3) The primary use, any additional uses, and gross floor area of the building; 27 |
|---|
| 183 | 183 | | (4) The building's total energy use in kBTU and total greenhouse gas emissions in pounds 28 |
|---|
| 184 | 184 | | of carbon dioxide equivalent; 29 |
|---|
| 185 | 185 | | (5) The breakdown of the building's energy use by electricity, gas, and other sources, and 30 |
|---|
| 186 | 186 | | any electricity generated by on-site renewable sources; and 31 |
|---|
| 187 | 187 | | (6) An energy performance rating or assessment score. 32 |
|---|
| 188 | 188 | | (d) The EC4 shall issue forms, guidance, or regulations as needed, to implement this section 33 |
|---|
| 189 | 189 | | including provisions related to compliance. The EC4 shall issue provisional guidance for public 34 |
|---|
| 190 | 190 | | |
|---|
| 191 | 191 | | |
|---|
| 192 | 192 | | LC000179 - Page 6 of 16 |
|---|
| 193 | 193 | | facilities greater than twenty-five thousand square feet (25,000 sq. ft.) by July 1, 2027. The EC4 1 |
|---|
| 194 | 194 | | shall propose forms, guidance, or regulations as needed, for all covered properties by April 1, 2028, 2 |
|---|
| 195 | 195 | | and shall make all efforts to issue final forms, guidance, or regulations as needed, for all covered 3 |
|---|
| 196 | 196 | | properties by July 1, 2026. 4 |
|---|
| 197 | 197 | | (1) The EC4 may designate one or more alternative energy use benchmarking tools. 5 |
|---|
| 198 | 198 | | (2) The EC4 shall define one or more energy performance ratings or scores to aid building 6 |
|---|
| 199 | 199 | | owners, operators, the general public, and the EC4 in understanding the energy of greenhouse gas 7 |
|---|
| 200 | 200 | | emissions performance of the building relative to similar buildings. 8 |
|---|
| 201 | 201 | | (3) The EC4 shall identify the required information which shall include at a minimum, the 9 |
|---|
| 202 | 202 | | energy use information listed in subsection (c) of this section, and at least one of the energy 10 |
|---|
| 203 | 203 | | performance ratings or scores defined by the EC4, as well as necessary administrative information 11 |
|---|
| 204 | 204 | | such as the owner and operator of the building, contact information, and similar items. 12 |
|---|
| 205 | 205 | | (4) The EC4 shall promulgate regulations and procedures governing the calculation of 13 |
|---|
| 206 | 206 | | gross floor area, including areas that shall be excluded from the calculation. 14 |
|---|
| 207 | 207 | | (5) The EC4 shall promulgate regulations and procedures for the submission of required 15 |
|---|
| 208 | 208 | | information and may provide multiple alternatives for the form of submission, such as a paper form 16 |
|---|
| 209 | 209 | | and submission electronically via an online portal, and shall endeavor to streamline the submission 17 |
|---|
| 210 | 210 | | processes as appropriate. 18 |
|---|
| 211 | 211 | | (6) The EC4 shall promulgate regulations and procedures on data verification options for 19 |
|---|
| 212 | 212 | | required information. 20 |
|---|
| 213 | 213 | | (7) The EC4 may consider modeling property types, use details and other definitions 21 |
|---|
| 214 | 214 | | provided in the ENERGY STAR Portfolio Manager glossary. 22 |
|---|
| 215 | 215 | | (e) The EC4 shall provide technical support and guidance to owners and operators of 23 |
|---|
| 216 | 216 | | buildings subject to this section. 24 |
|---|
| 217 | 217 | | (1) The EC4 shall identify one or more building improvement tools as voluntary 25 |
|---|
| 218 | 218 | | complementary software or platforms that in the EC4's judgment can assist building owners and 26 |
|---|
| 219 | 219 | | operators in improving building performance and which may be public or private sector tools. 27 |
|---|
| 220 | 220 | | (2) The EC4 shall provide technical support and assistance on the use of the energy use 28 |
|---|
| 221 | 221 | | benchmarking tool and the building improvement tool, as well as building energy assessment, 29 |
|---|
| 222 | 222 | | improvement, and financial tools. 30 |
|---|
| 223 | 223 | | (3) Technical support and assistance may be provided directly and through contract and the 31 |
|---|
| 224 | 224 | | EC4 may consider a technical assistance hub. 32 |
|---|
| 225 | 225 | | (4) The EC4 may coordinate with the department of environmental management (DEM) 33 |
|---|
| 226 | 226 | | for enforcement of the building performance standards, and the standards and requirements set forth 34 |
|---|
| 227 | 227 | | |
|---|
| 228 | 228 | | |
|---|
| 229 | 229 | | LC000179 - Page 7 of 16 |
|---|
| 230 | 230 | | herein. 1 |
|---|
| 231 | 231 | | (5) The EC4 may apply for relevant federal funding opportunities in support of this chapter 2 |
|---|
| 232 | 232 | | and may partner with nonprofit organizations and associations to make such an application if 3 |
|---|
| 233 | 233 | | beneficial. 4 |
|---|
| 234 | 234 | | (f) In administering this section, the EC4 may: 5 |
|---|
| 235 | 235 | | (1) Designate subcategories of buildings based on common characteristics such as building 6 |
|---|
| 236 | 236 | | use, and may establish different reporting requirements for subcategories; and 7 |
|---|
| 237 | 237 | | (2) Consider whether tenant-occupied units or spaces are separately metered and may 8 |
|---|
| 238 | 238 | | address such conditions in any forms, instructions, or responses to questions. 9 |
|---|
| 239 | 239 | | (g) The EC4 shall provide to owners instructions regarding tenant energy consumption 10 |
|---|
| 240 | 240 | | data, including best practices for lease provisions and for estimates where obtaining metered data 11 |
|---|
| 241 | 241 | | is not practicable. 12 |
|---|
| 242 | 242 | | (h) Not later than the deadlines provided in subsections (k)(1) through (k)(3) of this section, 13 |
|---|
| 243 | 243 | | beginning in the year indicated, the owner of each covered property shall submit to the EC4 energy 14 |
|---|
| 244 | 244 | | use information for each covered property. Such submission shall include additional required 15 |
|---|
| 245 | 245 | | information, if any, identified by the EC4 and shall be in the form and manner, if any, prescribed 16 |
|---|
| 246 | 246 | | by the EC4. The failure of the EC4 to issue guidance shall not excuse owners of this obligation. 17 |
|---|
| 247 | 247 | | (i) When an owner submits required information accompanied by evidence of data 18 |
|---|
| 248 | 248 | | verification by a third party per regulations issued pursuant to this section, the owner shall have an 19 |
|---|
| 249 | 249 | | additional three (3) months beyond the dates indicated in subsection (k)(2) of this section to report. 20 |
|---|
| 250 | 250 | | (j) Within one hundred eighty (180) days of enactment of this chapter, the EC4 shall host 21 |
|---|
| 251 | 251 | | a workshop to explain the benchmarking requirements contained within this chapter. The EC4 shall 22 |
|---|
| 252 | 252 | | invite representatives from the Rhode Island League of Cities and Towns, the Rhode Island AFL-23 |
|---|
| 253 | 253 | | CIO, municipal building code officials, municipal planning officials, and other interested parties 24 |
|---|
| 254 | 254 | | identified by the commissioner of the EC4. 25 |
|---|
| 255 | 255 | | (k)(1) For public facilities with gross floor area greater than twenty-five thousand square 26 |
|---|
| 256 | 256 | | feet (25,000 sq ft), the first compliance date is April 1, 2028, for calendar year 2026 energy use 27 |
|---|
| 257 | 257 | | information, and thereafter the annual compliance date is April 1 for the prior calendar year. 28 |
|---|
| 258 | 258 | | (2) For covered properties with gross floor area greater than fifty thousand square feet 29 |
|---|
| 259 | 259 | | (50,000 sq ft), the first compliance date is March 31, 2028, for calendar year 2027 energy use 30 |
|---|
| 260 | 260 | | information, and thereafter the annual compliance date is March 31 for the prior calendar year. 31 |
|---|
| 261 | 261 | | (3) For covered properties with gross floor area greater than twenty-five thousand square 32 |
|---|
| 262 | 262 | | feet (25,000 sq ft), the first compliance date is March 31, 2029, for calendar year 2028 energy use 33 |
|---|
| 263 | 263 | | information, and thereafter the annual compliance date is March 31 for the prior calendar year. 34 |
|---|
| 264 | 264 | | |
|---|
| 265 | 265 | | |
|---|
| 266 | 266 | | LC000179 - Page 8 of 16 |
|---|
| 267 | 267 | | (l) To the extent permitted by law, an electric distribution company as defined in § 39-1-1 |
|---|
| 268 | 268 | | 2(a)(12) or gas distribution company included as a public utility in § 39-1-2(a)(20) that has greater 2 |
|---|
| 269 | 269 | | than one hundred thousand (100,000) customers shall make available to owners of covered 3 |
|---|
| 270 | 270 | | properties anonymized and aggregated usage data for owner's covered property for the purpose of 4 |
|---|
| 271 | 271 | | compliance with this chapter. By nature of being aggregated, the intent is to anonymize individual 5 |
|---|
| 272 | 272 | | tenant energy use information, and not disclose this or any other personal information related to 6 |
|---|
| 273 | 273 | | tenant customers or their accounts. 7 |
|---|
| 274 | 274 | | (m) To the extent that gas and electric companies incur new or additional expenses to 8 |
|---|
| 275 | 275 | | collect, aggregate, organize, or provide energy use information under this chapter, prior to filing 9 |
|---|
| 276 | 276 | | for cost recovery, shall first demonstrate good faith efforts to secure federal, state, or other relevant 10 |
|---|
| 277 | 277 | | funding options. Thereafter, such additional expenses shall be eligible for cost recovery through 11 |
|---|
| 278 | 278 | | rates charged to customers under the appropriate cost recovery mechanisms as determined by the 12 |
|---|
| 279 | 279 | | public utilities commission. 13 |
|---|
| 280 | 280 | | (n) Electric and gas distribution utilities shall collaborate with the EC4 to identify best 14 |
|---|
| 281 | 281 | | practices for collecting and managing aggregated whole building data. 15 |
|---|
| 282 | 282 | | (o) The EC4 shall endeavor to ensure that electric and gas distribution companies or other 16 |
|---|
| 283 | 283 | | energy efficiency program administrator provide owners of buildings subject to this section with 17 |
|---|
| 284 | 284 | | up-to-date information about energy efficiency opportunities or actions available to increase energy 18 |
|---|
| 285 | 285 | | efficiency, including incentives in utility-administered or other energy efficiency programs and 19 |
|---|
| 286 | 286 | | changes in energy assessment technology. 20 |
|---|
| 287 | 287 | | 23-27.5-5. Municipal implementation of building energy benchmarking 21 |
|---|
| 288 | 288 | | requirements. 22 |
|---|
| 289 | 289 | | (a) The EC4 shall establish procedures, including a process and conditions, for a 23 |
|---|
| 290 | 290 | | municipality to apply to the EC4 for the right to implement, in place of the EC4, the building energy 24 |
|---|
| 291 | 291 | | benchmarking requirements. Such conditions shall include, at a minimum, acceptance of 25 |
|---|
| 292 | 292 | | responsibility to collect the information specified by the EC4 from the covered property owners on 26 |
|---|
| 293 | 293 | | the schedule specified by the EC4, and the provision of benchmarking data to the EC4 annually. 27 |
|---|
| 294 | 294 | | (b) The EC4 shall review any application from a municipality to implement the building 28 |
|---|
| 295 | 295 | | energy benchmarking requirements and the EC4 may deny a request if it is not satisfied that the 29 |
|---|
| 296 | 296 | | conditions in subsection (a) of this section are met. A denial shall include a finding of facts and 30 |
|---|
| 297 | 297 | | final determination that the municipal plan does not meet the requirements of this section. 31 |
|---|
| 298 | 298 | | (c) A municipality that is approved to implement the building energy benchmarking 32 |
|---|
| 299 | 299 | | requirements shall be authorized to assess any fines related to the program as provided in the 33 |
|---|
| 300 | 300 | | approval by the EC4. Funds collected by a municipality shall be retained by the municipality. 34 |
|---|
| 301 | 301 | | |
|---|
| 302 | 302 | | |
|---|
| 303 | 303 | | LC000179 - Page 9 of 16 |
|---|
| 304 | 304 | | (d) The EC4 shall evaluate any municipal programs established under this subsection at 1 |
|---|
| 305 | 305 | | least once every five (5) years and may withdraw its approval if municipal programs fail to comply 2 |
|---|
| 306 | 306 | | with those conditions. 3 |
|---|
| 307 | 307 | | (e) In the case of a municipality that has initiated a building energy benchmarking 4 |
|---|
| 308 | 308 | | requirement prior to the enactment of this law, the municipality may continue such program in lieu 5 |
|---|
| 309 | 309 | | of the benchmarking requirements to be established by the EC4. In such case, the municipality must 6 |
|---|
| 310 | 310 | | notify the EC4 of such intent within one hundred eighty (180) days of the enactment of this chapter 7 |
|---|
| 311 | 311 | | and must provide benchmarking data to the EC4 annually thereafter. 8 |
|---|
| 312 | 312 | | 23-27.5-6. Building performance improvement. 9 |
|---|
| 313 | 313 | | (a) On a regular basis, the EC4 shall evaluate data relevant to understanding the energy use 10 |
|---|
| 314 | 314 | | and greenhouse gas emissions of buildings in Rhode Island, including, but not limited, to the 11 |
|---|
| 315 | 315 | | benchmarking data collected under this chapter. The EC4 shall publish reports summarizing the 12 |
|---|
| 316 | 316 | | data and the status of building emissions in Rhode Island biennially. Beginning no later than August 13 |
|---|
| 317 | 317 | | 31, 2029, and annually thereafter, the EC4 shall post benchmarking data for the prior calendar year. 14 |
|---|
| 318 | 318 | | Such posted benchmarking data shall include, at a minimum, for each covered property required to 15 |
|---|
| 319 | 319 | | submit energy use information for the given calendar year, the address of the covered property and 16 |
|---|
| 320 | 320 | | its energy performance rating or assessment score. 17 |
|---|
| 321 | 321 | | (b) No later than August 31, 2029, the EC4 shall publish a report including a summary of 18 |
|---|
| 322 | 322 | | its activities and progress under this chapter and detailing recommended measures, policies and 19 |
|---|
| 323 | 323 | | programs to achieve building emission reductions aligned with Rhode Island's net zero goal. The 20 |
|---|
| 324 | 324 | | EC4 shall issue supplemental reports biennially for a period of twenty (20) years. 21 |
|---|
| 325 | 325 | | (c) Performance metrics shall include site energy use intensity and may also include 22 |
|---|
| 326 | 326 | | greenhouse gas emissions or other metrics relevant to the purpose of this chapter. 23 |
|---|
| 327 | 327 | | (d) No later than June 30, 2030, the EC4 shall select performance metrics and set a building 24 |
|---|
| 328 | 328 | | performance standard for each property type or subcategory. 25 |
|---|
| 329 | 329 | | (e) The EC4 shall set final building performance standards that shall collectively cause the 26 |
|---|
| 330 | 330 | | aggregate greenhouse gas emissions attributable to all covered properties to be reduced in line with 27 |
|---|
| 331 | 331 | | reaching net zero by 2050. 28 |
|---|
| 332 | 332 | | (f) The EC4 shall set interim building performance standards for covered properties that 29 |
|---|
| 333 | 333 | | are applicable at the end of each five (5) year period between adoption and 2050. In doing so the 30 |
|---|
| 334 | 334 | | EC4 may use a straight-line trajectory, from the covered property's baseline performance for each 31 |
|---|
| 335 | 335 | | performance metric to the final building performance standard for that performance metric such 32 |
|---|
| 336 | 336 | | that each calculated performance metric shall improve in equal increments during each five (5) year 33 |
|---|
| 337 | 337 | | period. The EC4 may use other means to calculate interim building performance standards if it 34 |
|---|
| 338 | 338 | | |
|---|
| 339 | 339 | | |
|---|
| 340 | 340 | | LC000179 - Page 10 of 16 |
|---|
| 341 | 341 | | deems the straight-line trajectory approach ill-suited for a covered property type. 1 |
|---|
| 342 | 342 | | (g) As of June 30, 2035, and at the end of every five (5) year period thereafter, the owner 2 |
|---|
| 343 | 343 | | of a covered property shall demonstrate progress toward each applicable final building performance 3 |
|---|
| 344 | 344 | | standard by achieving the interim building performance standard(s) set by the EC4 for the covered 4 |
|---|
| 345 | 345 | | property. 5 |
|---|
| 346 | 346 | | (h) If the owner of a covered property believes that the owner cannot reasonably meet one 6 |
|---|
| 347 | 347 | | or more of the applicable interim or final building performance standards, then the owner may 7 |
|---|
| 348 | 348 | | propose an alternative building performance action plan to the EC4. If the EC4 approves an 8 |
|---|
| 349 | 349 | | alternative building performance action plan for a covered property, then the owner shall be 9 |
|---|
| 350 | 350 | | responsible only to comply with the provisions of the alternative building performance action plan 10 |
|---|
| 351 | 351 | | until the next compliance date. 11 |
|---|
| 352 | 352 | | (i) The EC4 shall issue forms, guidance and promulgate regulations necessary to implement 12 |
|---|
| 353 | 353 | | this section including requirements for building performance action plans. 13 |
|---|
| 354 | 354 | | (j) In consultation with the EJAB, the EC4 shall provide technical assistance for owners 14 |
|---|
| 355 | 355 | | lacking the financial, operational, or technical capacity to meet interim or final building 15 |
|---|
| 356 | 356 | | performance standards. To the extent possible, such assistance shall include information on 16 |
|---|
| 357 | 357 | | potential loan, grant, and other financing options for owners. 17 |
|---|
| 358 | 358 | | (k) The EC4 shall coordinate with utility companies, energy efficiency program 18 |
|---|
| 359 | 359 | | administrators, the public utilities commission, state agencies, and local governments, as 19 |
|---|
| 360 | 360 | | appropriate, to support the implementation of its recommendations pursuant to this section. 20 |
|---|
| 361 | 361 | | (l) In the case of a municipality that has initiated a building energy performance 21 |
|---|
| 362 | 362 | | requirement prior to the enactment of this law, the municipality may continue such program in lieu 22 |
|---|
| 363 | 363 | | of the requirements to be established by the EC4 under this section. In such case, the municipality 23 |
|---|
| 364 | 364 | | must notify the EC4 of such intent within one hundred eighty (180) days of the enactment of this 24 |
|---|
| 365 | 365 | | chapter and must provide program and performance information to the EC4 annually thereafter. 25 |
|---|
| 366 | 366 | | 23-27.5-7. Compliance assurance. 26 |
|---|
| 367 | 367 | | (a) The EC4 shall establish a program to maximize owner compliance with this chapter. 27 |
|---|
| 368 | 368 | | The EC4 shall issue forms, guidance and promulgate regulations as necessary to implement the 28 |
|---|
| 369 | 369 | | compliance program, and shall revise such forms, guidance and regulations from time to time as 29 |
|---|
| 370 | 370 | | needed. 30 |
|---|
| 371 | 371 | | (b) The EC4 may grant an extension, adjustment or exemption to an interim or final 31 |
|---|
| 372 | 372 | | building performance standards for a covered property whose owner submits a request, together 32 |
|---|
| 373 | 373 | | with documentation, in a form and date prescribed by the EC4, if the covered property meets any 33 |
|---|
| 374 | 374 | | of the following criteria: 34 |
|---|
| 375 | 375 | | |
|---|
| 376 | 376 | | |
|---|
| 377 | 377 | | LC000179 - Page 11 of 16 |
|---|
| 378 | 378 | | (1) A demolition permit was issued, or demolition is planned, that will prevent achievement 1 |
|---|
| 379 | 379 | | of the next interim building performance standard; 2 |
|---|
| 380 | 380 | | (2) The covered building did not have a certificate of occupancy or temporary certificate 3 |
|---|
| 381 | 381 | | of occupancy for all twelve (12) months of the baseline year prior to the interim building 4 |
|---|
| 382 | 382 | | performance standard compliance schedule; 5 |
|---|
| 383 | 383 | | (3) The covered property is in financial hardship, as defined guidance or regulations issued 6 |
|---|
| 384 | 384 | | by the EC4; or 7 |
|---|
| 385 | 385 | | (4) The EC4 determines that strict compliance with the provisions of this law would cause 8 |
|---|
| 386 | 386 | | financial hardship or would not be in the public interest. 9 |
|---|
| 387 | 387 | | Any approved alternative, extension, adjustment or exemption shall apply only to the 10 |
|---|
| 388 | 388 | | specific interim or final building performance standard and shall expire no later than the end of the 11 |
|---|
| 389 | 389 | | relevant five (5) year period. 12 |
|---|
| 390 | 390 | | (c) The EC4 shall establish penalties for violations of this chapter through promulgation of 13 |
|---|
| 391 | 391 | | regulations issued pursuant to this chapter. In doing so, the EC4 shall endeavor to minimize 14 |
|---|
| 392 | 392 | | disproportionate impacts on communities impacted by poverty and environmental injustice. The 15 |
|---|
| 393 | 393 | | EC4 may coordinate with the department of environmental management (DEM) for enforcement 16 |
|---|
| 394 | 394 | | of the building performance standards, and the standards and requirements herein. 17 |
|---|
| 395 | 395 | | (d) Pursuant to each of the benchmarking requirements and the building performance 18 |
|---|
| 396 | 396 | | standards established under this chapter, the EC4 shall establish in regulations the process and 19 |
|---|
| 397 | 397 | | criteria for a building owner to apply for, and for the EC4 to grant or deny: 20 |
|---|
| 398 | 398 | | (1) A deadline extension; and/or 21 |
|---|
| 399 | 399 | | (2) A hardship waiver. 22 |
|---|
| 400 | 400 | | (e) The EC4 shall establish penalties for covered properties for violation of benchmarking 23 |
|---|
| 401 | 401 | | requirements and for violation of building performance standards. Such payment amounts or 24 |
|---|
| 402 | 402 | | formula shall reflect: 25 |
|---|
| 403 | 403 | | (1) The total number of annual benchmarking submissions which a covered property has 26 |
|---|
| 404 | 404 | | failed to achieve; 27 |
|---|
| 405 | 405 | | (2) The total number of interim and final building performance standards which a covered 28 |
|---|
| 406 | 406 | | property has failed to achieve; 29 |
|---|
| 407 | 407 | | (3) The assessed value of the covered property; and 30 |
|---|
| 408 | 408 | | (4) The magnitude of non-compliance under each performance metric. 31 |
|---|
| 409 | 409 | | (f) An owner whose covered property fails to comply with benchmarking requirements or 32 |
|---|
| 410 | 410 | | meet an interim or final building performance standard by the applicable compliance date shall be 33 |
|---|
| 411 | 411 | | required to make a penalty payment. Any owner who does not reside or conduct their business in 34 |
|---|
| 412 | 412 | | |
|---|
| 413 | 413 | | |
|---|
| 414 | 414 | | LC000179 - Page 12 of 16 |
|---|
| 415 | 415 | | the covered property, but leases the covered property to a tenant or multiple tenants, shall remain 1 |
|---|
| 416 | 416 | | the party responsible for ensuring compliance with this section. Any penalty payments rendered as 2 |
|---|
| 417 | 417 | | a result of non-compliance shall not be passed on to any tenant who may lease the covered property 3 |
|---|
| 418 | 418 | | in order to offset the cost to the owner. 4 |
|---|
| 419 | 419 | | (g) The BPS fund is hereby established as a permanent designated fund managed by the 5 |
|---|
| 420 | 420 | | EC4. The BPS fund shall be used to support the building benchmarking and performance 6 |
|---|
| 421 | 421 | | improvement program established in this law. 7 |
|---|
| 422 | 422 | | (1) All funds collected from payment of penalties assessed shall be deposited into the BPS 8 |
|---|
| 423 | 423 | | fund. 9 |
|---|
| 424 | 424 | | (2) All funds deposited into the BPS fund, and any interest earned on the funds, shall not 10 |
|---|
| 425 | 425 | | revert to the unrestricted fund balance of the general fund at the end of a fiscal year, or at any other 11 |
|---|
| 426 | 426 | | time, but shall be continually available for the uses and purposes set forth in this chapter without 12 |
|---|
| 427 | 427 | | regard to fiscal year limitation. 13 |
|---|
| 428 | 428 | | (3) Additional funds from other sources may also be deposited into the BPS fund. 14 |
|---|
| 429 | 429 | | 23-27.5-8. Rules and regulations. 15 |
|---|
| 430 | 430 | | The EC4 shall promulgate rules and regulations to implement and enforce the provisions 16 |
|---|
| 431 | 431 | | of this chapter. 17 |
|---|
| 432 | 432 | | 23-27.5-9. Appeals. 18 |
|---|
| 433 | 433 | | An owner aggrieved by this section or compliance orders resulting therefrom may appeal 19 |
|---|
| 434 | 434 | | pursuant to the provisions of chapter 35 of title 42 ("administrative procedures"). 20 |
|---|
| 435 | 435 | | SECTION 3. Chapter 23-27.3 of the General Laws entitled "State Building Code" is hereby 21 |
|---|
| 436 | 436 | | amended by adding thereto the following sections: 22 |
|---|
| 437 | 437 | | 23-27.3-130. Electric-ready new buildings. 23 |
|---|
| 438 | 438 | | The purpose of this section is to require that all new buildings be electric-ready. 24 |
|---|
| 439 | 439 | | 23-27.3-130.1. Definitions. 25 |
|---|
| 440 | 440 | | As used in this chapter: 26 |
|---|
| 441 | 441 | | (1) "Addition" means a significant extension or increase in the conditioned space floor area, 27 |
|---|
| 442 | 442 | | number of stories or height of a building or structure. 28 |
|---|
| 443 | 443 | | (2) "Alteration" means any construction, retrofit or renovation to an existing structure other 29 |
|---|
| 444 | 444 | | than repair or addition. "Alteration" includes a change in a building, or a building's electrical, gas, 30 |
|---|
| 445 | 445 | | mechanical or plumbing system that involves a significant extension, addition or change to the 31 |
|---|
| 446 | 446 | | arrangement, type or purpose of the original installation that requires a permit. 32 |
|---|
| 447 | 447 | | (3) "Building energy needs" means all space conditioning including heating and cooling, 33 |
|---|
| 448 | 448 | | water heating including pools and spas, cooking appliances and clothes drying appliances. 34 |
|---|
| 449 | 449 | | |
|---|
| 450 | 450 | | |
|---|
| 451 | 451 | | LC000179 - Page 13 of 16 |
|---|
| 452 | 452 | | (4) "Electric ready" means a building, project, or portion thereof that contains electrical 1 |
|---|
| 453 | 453 | | systems and designs that provide sufficient capacity for a future retrofit of a mixed-fuel building to 2 |
|---|
| 454 | 454 | | an all-electric building, including sufficient space, drainage, electrical conductors or raceways, bus 3 |
|---|
| 455 | 455 | | bar capacity, and overcurrent protective devices for such retrofit. 4 |
|---|
| 456 | 456 | | (5) "Initial application" means the first site or building permit application for the building 5 |
|---|
| 457 | 457 | | or project. 6 |
|---|
| 458 | 458 | | (6) "Local approval" means a provision has been incorporated by reference into the 7 |
|---|
| 459 | 459 | | municipal code of ordinances by the legislative body of the municipality. Provision may be 8 |
|---|
| 460 | 460 | | included as a general or zoning ordinance or bylaws. 9 |
|---|
| 461 | 461 | | (7) "Mixed-fuel building" means a building that uses a combination of electricity and fossil 10 |
|---|
| 462 | 462 | | fuels to meet building energy needs. "Mixed-fuel building" shall not include buildings that use 11 |
|---|
| 463 | 463 | | geothermal or solar energy to meet heating and/or cooling building energy needs; provided, 12 |
|---|
| 464 | 464 | | however, that they are otherwise all-electric buildings. 13 |
|---|
| 465 | 465 | | (8) "Mixed-use building" means a building used for both residential and commercial 14 |
|---|
| 466 | 466 | | purposes. 15 |
|---|
| 467 | 467 | | (9) "NACC and AGMT" means the North American Contractor Certification and 16 |
|---|
| 468 | 468 | | Architectural Glass and Metal Technicians Contractor Certification. 17 |
|---|
| 469 | 469 | | (10) "Repair" means the reconstruction or renewal of any part of an existing building for 18 |
|---|
| 470 | 470 | | the purpose of its maintenance, or to upgrade or correct damage. 19 |
|---|
| 471 | 471 | | (11) "Renovation" means any major construction or retrofit to existing structure other than 20 |
|---|
| 472 | 472 | | a repair. Renovation includes a change in a building, or a building's electrical, gas, mechanical or 21 |
|---|
| 473 | 473 | | plumbing system that involves a significant extension, addition, or change to the arrangement, type 22 |
|---|
| 474 | 474 | | or purpose of the original installation that requires a permit. 23 |
|---|
| 475 | 475 | | 23-27.3-130.2. Requirement for electric-ready construction of new buildings. 24 |
|---|
| 476 | 476 | | No city or town shall issue a permit for the new construction or alteration of any residential, 25 |
|---|
| 477 | 477 | | commercial, or mixed-use building that is not electric-ready if the initial application for such permit 26 |
|---|
| 478 | 478 | | was submitted after January 30, 2026, unless the circumstances set forth in § 23-27.3-130.5 apply. 27 |
|---|
| 479 | 479 | | 23-27.3-130.3. Requirement for all-electric ready construction of public buildings. 28 |
|---|
| 480 | 480 | | (a) No permit shall be issued for new public building construction or alteration projects 29 |
|---|
| 481 | 481 | | that are not electric-ready if the initial application for such permit was submitted after December 30 |
|---|
| 482 | 482 | | 31, 2025, unless the circumstance set forth in § 23-27.3-130.3 apply. 31 |
|---|
| 483 | 483 | | (b) This subsection is applicable to the new construction or alteration of all buildings 32 |
|---|
| 484 | 484 | | owned by the State of Rhode Island, its political subdivisions including municipalities, any quasi-33 |
|---|
| 485 | 485 | | public agencies, including buildings owned by the state and managed by other entities. 34 |
|---|
| 486 | 486 | | |
|---|
| 487 | 487 | | |
|---|
| 488 | 488 | | LC000179 - Page 14 of 16 |
|---|
| 489 | 489 | | (1) The awarding authority of any project under this chapter shall take all necessary actions 1 |
|---|
| 490 | 490 | | to ensure that each contractor and subcontractor involved in new public building construction 2 |
|---|
| 491 | 491 | | projects or alteration projects over five million dollars ($5,000,000) requires all contractors and 3 |
|---|
| 492 | 492 | | subcontractor on the project to have or be affiliated with a non-provisionally approved registered 4 |
|---|
| 493 | 493 | | apprenticeship program conforming to the standards set forth in 29 CFR § 29.5. and also require 5 |
|---|
| 494 | 494 | | that not less than fifteen percent (15%) of the total hours worked by the contractors' and 6 |
|---|
| 495 | 495 | | subcontractors' employees to be completed by apprentices registered in registered apprenticeship 7 |
|---|
| 496 | 496 | | programs as defined herein. The awarding agency may lower the fifteen percent (15%) requirement 8 |
|---|
| 497 | 497 | | only if it determines in writing that compliance is not feasible or that it would be unduly cost 9 |
|---|
| 498 | 498 | | prohibitive to the project. 10 |
|---|
| 499 | 499 | | (2) The awarding authority of any project under this chapter shall conduct an independent, 11 |
|---|
| 500 | 500 | | objective, reasoned study, using reviewable criteria, to determine whether adoption of a project 12 |
|---|
| 501 | 501 | | labor agreement on the proposed project or projects will help achieve the goals of the state 13 |
|---|
| 502 | 502 | | purchases act, for all new public building construction projects or alteration projects over twenty-14 |
|---|
| 503 | 503 | | five million dollars ($25,000,000). 15 |
|---|
| 504 | 504 | | 23-27.3-130.4. Exemptions. 16 |
|---|
| 505 | 505 | | (a) Notwithstanding the provisions of this chapter, a permit for construction of a new 17 |
|---|
| 506 | 506 | | mixed-fuel building may be issued upon a finding by the permitting body that constructing an all-18 |
|---|
| 507 | 507 | | electric building or project is physically or technically infeasible and that a modification is 19 |
|---|
| 508 | 508 | | warranted. Financial considerations shall not be a sufficient basis to determine physical or technical 20 |
|---|
| 509 | 509 | | infeasibility. Modifications shall only be issued under this exception where the permitting body 21 |
|---|
| 510 | 510 | | finds that: 22 |
|---|
| 511 | 511 | | (1) Sufficient evidence was submitted to substantiate the infeasibility of an all-electric 23 |
|---|
| 512 | 512 | | building or project design. Such evidence shall show that the building either: 24 |
|---|
| 513 | 513 | | (i) Cannot satisfy necessary building code requirements without the usage of gas or oil 25 |
|---|
| 514 | 514 | | piping systems, fixtures and/or infrastructure; or 26 |
|---|
| 515 | 515 | | (ii) If the building is specifically designated for occupancy by commercial or industrial 27 |
|---|
| 516 | 516 | | uses which cannot feasibly operate using commercially available all-electric appliances; or 28 |
|---|
| 517 | 517 | | (iii) If mixed fuel is used to meet building energy needs and said building or group of 29 |
|---|
| 518 | 518 | | buildings are for the sole use as a hospital, medical facility, or laboratory for biological research. 30 |
|---|
| 519 | 519 | | (2) The installation of natural gas or oil piping systems, fixtures and/or infrastructure is 31 |
|---|
| 520 | 520 | | strictly limited to the system and area of the building for which an all-electric building or project 32 |
|---|
| 521 | 521 | | design is infeasible. 33 |
|---|
| 522 | 522 | | (3) The area or service within the project where gas or oil piping systems, fixtures and/or 34 |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | |
|---|
| 525 | 525 | | LC000179 - Page 15 of 16 |
|---|
| 526 | 526 | | infrastructure are installed is all-electric ready. 1 |
|---|
| 527 | 527 | | (4) The project's modified design provides equivalent health, safety, and fire protection to 2 |
|---|
| 528 | 528 | | an all-electric building or project design. 3 |
|---|
| 529 | 529 | | 23-27.3-130.5. Rules and regulations. 4 |
|---|
| 530 | 530 | | The state building code commission shall propose guidelines for electric-ready buildings 5 |
|---|
| 531 | 531 | | by September 1, 2025, and shall make all efforts to promulgate final rules by December 1, 2025. 6 |
|---|
| 532 | 532 | | SECTION 4. This act shall take effect upon passage. 7 |
|---|
| 533 | 533 | | ======== |
|---|
| 534 | 534 | | LC000179 |
|---|
| 535 | 535 | | ======== |
|---|
| 536 | 536 | | |
|---|
| 537 | 537 | | |
|---|
| 538 | 538 | | LC000179 - Page 16 of 16 |
|---|
| 539 | 539 | | EXPLANATION |
|---|
| 540 | 540 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 541 | 541 | | OF |
|---|
| 542 | 542 | | A N A C T |
|---|
| 543 | 543 | | RELATING TO HEALTH AND SAFETY -- BUILDING DECARBONIZA TION ACT OF 2024 |
|---|
| 544 | 544 | | *** |
|---|
| 545 | 545 | | This act would establish the environmental justice advisory board (EJAB) which would 1 |
|---|
| 546 | 546 | | provide advice to the climate change coordinating council ("council") The act establishes an energy 2 |
|---|
| 547 | 547 | | use benchmarking program to determine whether each building subject to the program uses more 3 |
|---|
| 548 | 548 | | or less energy and emits more or less greenhouse gases than other comparable size building. The 4 |
|---|
| 549 | 549 | | council shall promulgate rules and regulation to implement the program. The act also phases in 5 |
|---|
| 550 | 550 | | building performance standards. 6 |
|---|
| 551 | 551 | | This act would take effect upon passage. 7 |
|---|
| 552 | 552 | | ======== |
|---|
| 553 | 553 | | LC000179 |
|---|
| 554 | 554 | | ======== |
|---|
| 555 | 555 | | |
|---|