10 Community Demonstration Project -

Updates & Discussion

Building Electrification Accelerator

Thursday, September 15, 11:00-12:00

Agenda

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• Introductions
• Demonstration Project Updates
• Local Updates
• BEA Roles Discussion

Demonstration Project Overview

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• Demonstration project for fossil fuel free new construction and major renovations, managed by DOER
• Ten communities max
• Deadline of July 1, 2023 for DOER to issue regulations

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Rulemaking - since we last met…

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DOER stated:

• “The Department anticipates developing a formal process on implementation, including a schedule of when the Department intends to accept applications.”
• DOER will collect “...input from municipalities and other stakeholders.”

Twelve HRPs

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Acton

Aquinnah

Arlington

Boston

Brookline

Cambridge

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…with more in progress…

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Concord

Lexington

Lincoln

Newton

Somerville

West Tisbury

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When Does DOER Choose Communities?

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• If a community applies for the program - but doesn't meet housing requirements within 18 months - DOER will choose from the pool of eligible applicants.

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• Ambiguity in law if a member of the first ten communities chooses not to apply to the program.

Home Rule Petitions vs. Bylaws/Ordinances

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Home Rule Petition - Requests special legislative permission to design or implement a bylaw/ordinance

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Fossil Fuel Free Bylaw/Ordinance - Contains the details of a local program (e.g. waivers and exemptions, enforcement, timeline, etc.)

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Boston, Cambridge, Lincoln, and Somerville have passed home rule petitions without underlying ordinances

Local Updates - Boston

• Boston’s City Council approved a fossil fuel free home rule petition on September 14th.
• Boston will form an Advisory Committee, appointed by the Mayor, to draft the City’s underlying ordinance.
• The Committee will include members from environmental justice orgs, affordable housing, labor and workers rights, and others.
• Boston’s goals:
• Emissions reduction
• Resilience
• Equity
• A just transition for workers

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Text of Boston’s Home Rule Petition

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Local Updates - Letters of Intent + Brookline

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Letters of Intent

A number of HRP communities have submitted letters of intent to DOER to apply for the demonstration project.

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Brookline

Brookline Town Meeting will vote this fall on three warrant articles related to the DOER Demonstration Project:

• An update to Brookline’s underlying fossil fuel free bylaw to include cooking and multifamily hot water & modify renovations thresholds
• A formal declaration of Brookline’s intent to participate in the demonstration program
• A revised HRP referencing the DOER program

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These Warrant Articles and other climate-related articles, were put forward by Brookline’s Zero Emissions Advisory Board and supported by ZeroCarbonMA.

Discussion: Values & Goals

What are the BEA’s goals for this program?

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• Emissions reduction
• Equity (housing, labor)
• DOER program success, expansion

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How can we apply this to what comes next?

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• DOER Rulemaking
• BEA Community Support
• Recruitment & Advocacy

Discussion: BEA Roles & What’s Next

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What are the most important roles for the BEA and our members moving forwards?

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• How can BEA members stay engaged in rule-making and program design and ensure success of the program?
• How can BEA members support the coordination and replication of this work?
• How can BEA members advocate for equitable demonstration program design, participation, and expansion?

Thank You & Next Steps

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Please email Anne (awrightcc@gmail.com) if you would like to support any of the following:

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• Rulemaking
• Peer Support
• Recruitment

Appendix

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Legislative Language - Order of Selection

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First ten eligible communities to apply admitted:

“The department shall approve not more than 10 applications for participation in the demonstration project under this section. No city or town shall apply for acceptance into the demonstration project until it has received local approval and has submitted a home rule petition to the general court on the subject matter of this section; provided, that the department shall issue approvals under this section to not more than 10 applications in the order in which cities and towns have submitted or submit home rule petitions to the general court.”

vs. when DOER selects

“If said city or town fails to: (i) meet the 10 per cent housing affordability threshold or receive safe harbor status within 18 months of the effective date of this act; or (ii) approve such a multifamily zoning ordinance or by-law within 18 months of the effective date of this act, said application shall expire and be deemed void, at which time the department shall, in lieu of approving said application, approve a substitute application from a city or town that has met the 10 per cent housing affordability threshold or received safe harbor status or has a zoning ordinance or by-law that complies with this section; provided, that the department may act on substitute applications without respect to the order of submission of home rule petitions to the general court;”

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Demonstration Project - Eligibility

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To participate in the program communities must:

1. Pass & file a fossil fuel prohibition home rule petition
2. Apply for the pilot program (application details TBD)
3. Meet housing requirements within 18 months

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Position in line for first 10 communities is set by the law. If a community applies without meeting housing requirements, position in line held for 18 months.

Demonstration Project - Housing Requirements

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To participate in the program, communities must meet at least one of the following criteria within 18 months:

1. Meet the 40B 10% affordable housing threshold (as of 12/2020)
2. Have safe harbor status with a DHCD approved Housing Production Plan
3. Have at least one reasonably sized by-right multi-family zoning district (detail in bill)

If an application is void, “the department may act on substitute applications without respect to the order of submission of home rule petitions to the general court.”