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Boston Planning & Development Agency Approves Diversity, Equity, and Inclusion in Development Policy
Requires filing of DEI Plan Disclosure around inclusion of people of color, women, and Minority and Women Owned Businesses.
State Climate Change Law Includes New Demonstration Project for Local Option Fossil Fuel Bans
September 3, 2022
Catherine Rollins
On August 11, Governor Baker signed H.5060, An Act driving clean energy and offshore wind. Section 84 of the legislation establishes a new pilot program to allow up to 10 municipalities to require through zoning that new construction or substantial renovation projects be fossil-fuel free. The ban will not apply to new hospitals, medical offices, or laboratory research facilities.
The Department of Energy Resources (DOER) is expected to promulgate regulations to structure the program by July 1, 2023.
To be eligible to participate in the demonstration project, municipalities must first obtain local approval and then file a home rule petition with the state legislature. Approval will be granted to municipalities in the order that their home rule petitions are or were filed.
However, approval will be withheld if an applicant community, within 18 months of the law’s enactment:
- has not reached 10% affordable housing under 40B or has not attained safe harbor through approval of a Housing Production Plan; or
- has not reached full compliance with the MBTA Communities requirement of establishing at least one district, sized in accordance with the regulations, where multifamily housing development is allowed as of right.
In that case, the DOER will consider that community’s application void and will consider another community that has met one or both housing standards.
Ten municipalities have already received local approval and filed home rule petitions, including Cambridge, Newton, Brookline, Lexington, Arlington, Concord, Lincoln, Acton, Aquinnah, and West Tisbury. Boston has also indicated its intention to apply to participate.
DOER will collect data from participating municipalities to include:
- emissions,
- building costs,
- operating costs, and
- building permits issued.
Utility companies will collect and report anonymized data from new or substantially renovated buildings in participating municipalities and from new or substantially renovated buildings in municipalities not participating in the demonstration project for comparison. DOER will calculate net emissions reductions and will also analyze any impacts on housing production and housing affordability, resulting in a report to the legislature recommending continuation or discontinuation of the demonstration project.
Resources:
- The enabling legislation may be found here: Session Law – Acts of 2022 Chapter 179 (malegislature.gov)
- Massachusetts Department of Energy Resources: Massachusetts Department of Energy Resources | Mass.gov
For any questions, please contact Catherine Rollins, Director, ULI Boston/New England at [email protected]