State Releases Final Stretch Energy Code

Climate Group “Deeply Disappointed” In Plan

SEPT. 27, 2022…..With no fanfare or interest in discussing it, the Baker administration’s Department of Energy Resources late last week quietly released its final language for the state building code changes that it hopes will encourage builders to shift away from fossil fuel heating in favor of electrification and some activists are hoping that lawmakers will compel changes before the code changes take effect.

What DOER posted to its website Friday is at least the third edition of the stretch energy code and specialized municipal opt-in code that the administration expects will save an estimated 500,000 tons of greenhouse gas emissions in 2030 with “no-to-minimal costs” to new construction, and $21 billion in construction and operating lifecycle costs. An initial straw proposal was released in February and drafts were published in June for comments and public hearings.

Updating the existing stretch code and creating a new net-zero specialized stretch code for cities and towns to adopt is one of the more technical but meaningful steps Massachusetts is planning to take to be net-zero by the middle of the century. Residential and commercial building energy consumption is responsible for roughly 27 percent of the state’s greenhouse gas emissions, the state has said.

The new net-zero code is required by the 2021 climate roadmap law to be in place by the end of this year and was one of the more controversial aspects of the law, which Gov. Charlie Baker initially vetoed as developers warned that a net-zero stretch code would make the construction of new homes cost-prohibitive.

But while DOER did not want to discuss the code changes Tuesday — the department for hours ignored the News Service’s requests to talk to Commissioner Patrick Woodcock on Tuesday before declining to make him available and would only share basic information on background — climate advocates made clear Tuesday that they aren’t thrilled with where DOER landed on the final versions.

“MCAN is deeply disappointed that fossil fuel pathways remain for residential and commercial buildings in the specialized stretch code. By including this pathway, DOER has fallen short of their mandate to establish a true net-zero stretch code,” Mass. Climate Action Network said in a statement. “A true net-zero code is one that requires new construction and major renovations to be energy efficient, all electric and have renewable energy available on or off site, with no fossil fuel pathway. A true net-zero code would protect the health of our communities and alleviate utility burdens for our most vulnerable residents.”

DOER’s final code language is not necessarily what will go into effect. Before the new regulations are filed with the secretary of state’s office (expected in December), the regulations are submitted to the Joint Committee on Telecommunications, Utilities, and Energy for a review period. Under state law, the committee may hold a hearing on the regulations and “shall issue a report” to the commissioner of DOER within 30 days.

DOER then would have to “review said report and shall adopt final regulations as deemed appropriate in view of said report,” and again submit final regulations to the TUE Committee. After waiting 30 days, DOER could file the regulations for promulgation.

MCAN said it wants the TUE Committee to use its review power “to take action to ensure that the opt-in specialized stretch energy code is truly net-zero and supports climate resilient buildings for all communities by holding a hearing on the final building code language.”

Key senators, including Senate TUE Committee chairman Sen. Michael Barrett, have been frustrated that the Baker administration’s stretch code does not authorize cities and towns to mandate that builders use all-electric heating. The wide-ranging climate and offshore wind bill that the Legislature passed this summer calls for a “demonstration project” in which 10 municipalities could limit the use of fossil fuels in new construction and that pilot has already attracted a lot of interest among communities.