The City Council’s Zoning and Planning Committee will hold a public hearing on June 14 regarding a proposed ordinance requiring electrification of all new construction and substantial renovation.
Last August, Governor Baker signed into law legislation (H.5060) granting Newton and nine other ten communities (Acton, Aquinnah, Arlington, Brookline, Cambridge, Concord, Lexington, Lincoln, and West Tisbury) the ability to restrict or prohibit the use of fossil fuels in all new construction and major renovations. The law is intended to enable communities to help combat climate change.
These ten communities were the first to file home rule petitions to apply to this program. To participate, a community must meet the 10% affordable housing threshold as established under Chapter 40B, have established “safe harbor” status through an approved Housing Production Plan, or have a zoning ordinance allowing for at least one district permitting as of right, at least 14 units/acre for multi-family housing without age restriction and available for families with children.
In December 2022, the Department of Energy Resources (DOER), charged under the law to implement the Municipal Fossil Fuel Free Building Demonstration Program, released draft regulations to provide a framework, requirements, and timeline for cities and towns to participate. DOER provided a model to assist municipalities in creating a draft ordinance.
At the May 22 Zoning and Planning Committee meeting, Sustainability co-Director, Ann Berwick and Assistant City Solicitor Andrew Lee provided an update regarding requirements under the Ten Communities program. A draft ordinance must be submitted to DOER for review and approval by September 1, 2023, with the deadline for final approval on January 1, 2024. In addition, the housing affordability requirement must be met by February 11, 2024.
Berwick told the Committee that the City intends to submit the draft ordinance early this summer to provide time for the Council to make any amendments in case they do not receive approval from DOER. Attorney Lee added that DOER is requiring a public hearing although it is not required by statute.
Chair Crossley referred to a previous discussion outlining the differences between Newton’s draft ordinance and the DOER model ordinance. Specifically, the draft waiver provision would apply only to major renovations and would require certification from an architect, engineer, or general contractor that compliance would increase the cost by at least 50% versus the same project built to code. A previous version required the Inspectional Services Department to make a subjective determination. Regarding the definition of “Major Renovation,” Attorney Lee said DOER has its own definition.
Councilors voted to hold the item at the May 22 meeting and set the public hearing date for June 14. Before the public hearing, Chair Crossley sent this packet to the list of all building professionals who have interacted with ISD and Planning.
More information on the Municipal Fossil Fuel Free Building Demonstration Program can be found here.
