Legislature Approves Climate Bill, Adopts Governor's Amendments |
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On Thursday, March 18, the Massachusetts Legislature enacted and sent to Governor Baker an omnibus climate policy bill. In doing so, the Legislature agreed to several amendments to the bill offered by the governor and supported by HBRAMA and other real estate and business organizations. They included extending from 12 months to 18 months the deadline by which the Division of Energy Resources (DOER), in consultation with the Board of Building Regulations and Standards (BBRS), must promulgate a new municipal opt-in specialized stretch energy building code.
This was the third time the Legislature approved the climate bill. Following the governor’s veto of the bill that was enacted in the waning hours of last year’s legislative session, House and Senate leaders vowed to take it up again in the new year. They made good on that promise when they quickly re-filed and approved the bill a second time on January 28. After taking 10 days to review the bill, Gov. Baker returned it to the Legislature with his suggested amendments. The final bill incorporated many, but not all of those amendments.
Some of the key elements of the legislation are as follows:
- The Department of Energy Resources shall develop and promulgate, in consultation with the Board of Building Regulations and Standards (BBRS), a municipal opt-in specialized stretch energy code that includes, but is not limited to, net-zero building performance standards and a definition of net-zero building, designed to achieve compliance with the commonwealth's statewide greenhouse gas limits and sublimits;
- Any stretch energy code in effect on March 1, 2021 shall remain in full force and effect provided, however, that the DOER, in consultation with the BBRS, may update such stretch energy code from time to time;
- A community designated as a Green Community that elects not to adopt the municipal opt-in specialized stretch energy code shall not lose its designation as a green community as a result of that decision;
- The DOER shall develop and promulgate the municipal opt-in specialized stretch code not later than 18 months after the effective date of this act. In doing so, the department may phase in requirements based on building types, uses or load profiles;
- In developing the specialized stretch energy code, DOER shall hold not less than 5 public hearings in geographically diverse locations throughout the commonwealth that shall represent the distinguishing characteristics of rural, suburban and urban households, 1 of which shall be held in an underserved community or community with a high percentage of low-income households;
- Conflicts over the interpretation of the new opt-in specialized stretch energy code may be appealed to the BBRS Appeals Board;
- The membership of the BBRS is increased by three new members to be appointed by the governor; 1 of whom shall be expert in commercial building energy efficiency, 1 of whom shall be an expert in residential building energy efficiency, and 1 of whom shall be an expert in advanced building technology.
- The new municipal opt-in specialized stretch energy code shall be incorporated into the base code by 2030.
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Gov. Baker is expected to sign this final version of the bill into law this week. HBRAMA is grateful to the governor for his efforts to address many of the provisions of the bill that were problematic for our members. We also appreciate the willingness of legislative leaders to consider the concerns of HBRAMA and adopt important changes to the bill.
HBRAMA is committed to working cooperatively with the Division of Energy Resources and the Board of Building Regulations and Standards to develop a net zero energy code that will not jeopardize housing affordability while furthering the Commonwealth’s goal of achieving statewide net-zero carbon emissions by 2050.
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HBRAMA Creates New Net Zero Code Subcommittee |
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In response to the passage of the legislation mandating a net zero energy building code for Massachusetts, HBRAMA President Matthew Anderson established a new subcommittee within the Government Affairs Committee to assist the association in both providing technical input to the Division of Energy Resources and the Board of Building Regulations and Standards in the development of the municipal opt-in specialized stretch energy code directed by the newly enacted Climate Bill, and to propose potential cost offsets to mitigate its impact on housing affordability and ensure that housing production and climate policy are advanced on parallel paths.
The Net Zero Code Subcommittee is chaired by Rob Brennan, President of CapeBuilt Homes and current HBRAMA Government Affairs Committee Chairman. Members of the committee include Dave Bauer of Toll Brothers, Brian Lupin of Pulte Homes, Jeff Rhuda of Symes Associates, Parlin Meyer of BrightBuilt Homes, Guy Webb, executive director of Home Builders and Remodelers Association of Central Massachusetts, Chris Flanagan, executive officer of the Home Builders and Remodelers Association of Cape Cod, Mark Leff of Salem Five Bank, Russ Leonard of Leonard Electric, and David Quinn from the Housing Assistance Corporation of Cape Cod.
Among the ideas being considered by the subcommittee to offset the increased cost of building a net zero energy home is a state tax credit modeled upon the federal Section 45L New Energy Efficient Home Tax Credit, density bonuses for developments that consist of net zero energy homes, as well as direct rebates to consumers who purchase a newly constructed home that utilizes a air-sourced heat pump rather than a heating system that burns fossil fuels, and low-interest loans to facilitate the retrofitting of older homes with net zero-compliant systems.
The National Association of Home Builders is providing technical support to the subcommittee. In addition, the HBRAMA has applied for a State and Local Issues Grant from NAHB that will be used, in part, to retain an expert in energy efficient home construction to assist it in preparing its comments and recommendations to the Division of Energy Resources and Board of Building Regulations and Standards as it develops the new code. The Commonwealth’s development of a net zero building code will be among the first in the Country. Accordingly, the work being undertaken by HBRAMA and the Net Zero Subcommittee is recognized by NAHB to be of significant importance as climate policy and housing production are considered in the months and years to come by other states, the Federal government, and other state home builder associations across the nation.
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HBRAMA Files Legislative Package for 2021-2022 |
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HBRAMA submitted a diverse package of bills to the Massachusetts Legislature for consideration in the 192nd Session. In enacted into law, these measures would make the permitting of new housing development more predictable and less costly. Several of the bills would amend the state Zoning Act (G.L. c. 40A) relative to variances, special permits and site plan review. Others would make changes to the Subdivision Control Law that would reduce the cost of new subdivision ways.
Without question, the highest legislative priority for the association is House Docket No. 2983, An act extending certain permits and approvals. Drafted jointly by HBRAMA and NAIOP Massachusetts, HD 2983 was sponsored by Second Assistant Majority Leader Joseph Wagner (D-Chicopee), a staunch advocate for housing and economic development. This legislation would enact a special law that would extend for one (1) year following the termination of the state of emergency declared by Gov. Baker on March 10, 2020, the term of certain permits and approvals concerning the use or development of real property.
HD 2983 is modeled on the Permit Extension Act of 2010. Its purpose is to ensure that housing developments that have received state or local approval during the pandemic will be able to advance once the state of emergency is rescinded and the state’s economy begins to recover.
A summary of HBRAMA 2021-2022 Legislative Package can be found here.
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The Applied Technology Center is a Career and Technical Education Center located in the Milford High School in Milford, NH. There are currently two open positions at the Center.
Construction Technology
Position available for a full-time with benefits, 185 days per year Construction Technology Instructor for the 2021-22 school year. Applicants should be certifiable or certified in Construction Technology. A college degree and prior teaching experience are preferred but extensive training will be provided through mentoring and through coursework. Salary is based on teaching and industry experience.
The instructor is responsible for meeting the unique needs of the students participating in the program and preparing them for college and careers in the construction industry. The instructor will collaborate with colleagues and local industry professionals to provide work-based learning experiences in and out of school and meet the competency requirements of the CTE program.
DESIRED ADDITIONAL SKILLS: Ability to instruct basic Electrical and Plumbing skills.
For more information, please contact Vaso Partinoudi: [email protected] or 603-673-4201
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Precision Machining and Welding Basics Instructor
Position available for a full-time with benefits, 185 days per year Precision Machining and Welding Basics Instructor for the 2021-22 school year. Applicants should be certifiable or certified in Precision Machining and Welding. A college degree is preferred and extensive training will be provided through mentoring and through coursework. Salary is based on teaching and industry experience.
The instructor is responsible for meeting the unique needs of the students participating in the program and preparing them for college and careers in the industry. The instructor will collaborate with colleagues and local industry professionals to provide work-based learning experiences in and out of school and meet the competency requirements of the CTE program related to all aspects of machining and CNC machine tool setup and operation.
DESIRED SKILLS: Ability to instruct using a CNC lathe and mill as well as basic welding techniques.
For more information, please contact Vaso Partinoudi: [email protected] or 603-673-4201
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Looking for continuing education hours for your CSL license? The new HBRAMA CSL education website features the latest in online and in-person educational offerings.
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