It is enacted by the General Assembly as follows:
SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 42-6.3-1. Short title. This chapter shall be known and may be cited as the "Buildings Carbon Emissions Reduction Act". 42-6.3-2. Definitions. As used in this chapter:
(1) "Building energy needs" means all energy uses including, but not limited to, space conditioning, heating and cooling, water heating of pools and spas, cooking appliances and clothes drying appliances.
(2) "Carbon impact report(s)" means a report, prepared by an independent firm of building professionals, which may include, but not be limited to, licensed architects or engineers for the purpose of reviewing the proposed energy uses at the proposed development, and a determination as to whether the development will meet its building energy needs with one hundred percent (100%) clean energy usage by the year 2050. For the purposes of this analysis, electricity may be presumed to be one hundred percent (100%) renewable energy by 2050.
(3) "Large development(s)" means a proposed development that will be constructed on a parcel of land that is greater than fifty thousand square feet (50,000 ft2) in size, and that proposes a building or buildings that will individually or collectively contain more than fifty thousand square feet (50,000 ft2) of gross building area. 42-6.3-3. Permits for large developments.
(a) No city or town shall issue a permit for the construction of any new large development, if the initial application for such permit was submitted after December 31, 2026, unless the circumstances set forth in subsection (b) or (c) of this section apply. For purposes of this subsection, the initial application along with a carbon impact report shall be the first site or building permit application, associated with the building or project.
(b) Notwithstanding the provisions of subsection (a) of this section, a city or town may issue a permit for construction of a large development upon a finding by the permitting body of such city or town, that constructing a large development which is likely to meet its building energy needs with one hundred percent (100%) clean energy usage by 2050 is physically or technically unfeasible and that a modification is warranted. Financial considerations shall not be a sufficient basis to determine physical or technical infeasibility. Modifications shall only be issued under this exception where the permitting body finds that:
(1) Sufficient evidence was submitted to substantiate the infeasibility of an all-electric building or project design. Such evidence shall show that the building is either:
(i) Unable to satisfy necessary building code requirements, without the usage of gas or oil piping systems, fixtures and/or infrastructure; or
(ii) The building is specifically designated for occupancy by a commercial food service establishment, and such establishment cannot feasibly operate using commercially available electric appliances.
(2) The installation of natural gas or oil piping systems, fixtures and/or infrastructure is strictly limited to the system and area of the building for which an all-electric building or project design is infeasible.
(3) The area or service within the project where gas or oil piping systems, fixtures and/or infrastructure are installed, is all-electric ready; and
(4) The project's modified design provides equivalent health, safety and fire protection to an all-electric building or project design.
(c) Exemptions. Notwithstanding the provisions of subsection (a) of this section, a city or town may issue a permit for a large development, in which said building or group of buildings are for the sole or primary use as a hospital, medical facility, laboratory for biological research or restaurant.
SECTION 2. This act shall take effect upon passage.