Bill filed to require electrification of new and substantially renovated buildings in Massachusetts

Representative Jay D. Livingstone filed House Bill No. 3523 on Jan. 15, 2025, proposing that newly constructed and substantially remodeled residential and commercial buildings in Massachusetts use electricity instead of on-site fossil fuels for space heating and cooling, cooking and clothes drying, and that hot water be provided by electricity or thermal solar.

The bill would insert a new Section 96A into Chapter 143 of the Massachusetts General Laws and defines terms including “biolab” (a building with or designed for a biological research laboratory), “hospital” (as defined by section 52 of chapter 111), “newly constructed building,” and “substantially remodeled or rehabilitated” (renovations affecting 50% or more of gross floor area).

Why it matters: the proposal includes specific emissions limits and equipment standards for hospitals and biolabs, a schedule toward net-zero emissions for biolabs and hospitals, and directs state agencies to write implementing regulations and transition plans. The measure would take effect Jan. 1, 2026 if enacted.

Key provisions: (1) General electrification requirement — Except as the bill specifies, all newly constructed commercial buildings and substantially remodeled commercial buildings and residential buildings with dwelling units would use electricity rather than on-site fossil fuels for space heating and cooling, cooking and clothes drying; hot water systems may use electricity or thermal solar (the text explicitly includes pools and spas). (2) Biolab standards — A newly constructed or substantially remodeled biolab must, unless granted a waiver, reach net-zero CO2e emissions no later than 2050 and must have an HVAC system whose first stage of heating does not use on-site fossil fuel combustion and provides a minimum first-stage heating capacity of 5 Btu per hour per gross square foot (or the building’s design heating load, whichever is lower). Additional heating stages may use on-site combustion only as a supplemental stage and only when the non-combustion system serves heating loads as the first stage. (3) Hospital emissions schedule — Hospitals would be subject to a descending set of annual CO2e limits measured in kilograms of CO2e per square foot per year: no greater than 15.4 kg CO2e/sq ft/yr for 2025–2029; 10.0 for 2030–2034; 7.4 for 2035–2039; 4.9 for 2040–2044; and 2.4 for 2045–2049. The bill directs calculation of CO2e using regional energy and greenhouse-gas factors “as set forth in the United States Environmental Protection Agency’s online tool” the text cites. (4) Exemptions — The bill excludes freestanding cooking appliances and outdoor heating appliances not connected to building gas/propane infrastructure; emergency generators and back-up power; and certain centralized hot-water appliances in buildings of at least 10,000 sq ft if an affidavit shows a commercially available electric hot-water heater could not meet demand for less than 150% of installation costs compared with a fossil-fuel system. (5) Waivers — The Department of Energy Resources (DOER) may grant waivers when compliance would make a project impractical or impose extraordinary challenges; waivers may be limited to specific portions of a project and may carry conditions. Waiver requests must include a detailed justification and proposals for limiting emissions consistent with the goals of chapter 8 of the acts of 2021. (6) Rulemaking and agency roles — DOER must promulgate regulations to implement the section, including rules on the use of renewable energy credits for compliance and periodic updates to the 5 Btu/hr/sq ft biolab standard. Separately, the bill directs the Department of Public Utilities (DPU), as part of its Future of Gas or related proceedings, to require gas utilities to submit plans for a just transition for gas utility workers; those plans must address environmental-justice communities, displaced workers, safety-net requirements, training and employment opportunities, and recommend a fund to support workforce development in the clean-energy sector. (7) Local penalties and municipal authority — Municipalities may adopt bylaws or ordinances for reporting and CO2e reduction requirements for existing hospitals and biolabs, and local bylaws may impose reasonable penalties for violations. (8) Effective date — The bill text states the act’s requirements shall take effect Jan. 1, 2026.

What the bill does not do yet: The filing is a legislative proposal; it does not enact law on its own. The document does not record committee referral outcomes, votes or enacted regulations; it is a petition introducing House Bill No. 3523 and identifies Telecommunications, Utilities and Energy as the relevant committee in the filing header.

Context and likely impacts: If enacted, the measure would directly affect owners and builders of hospitals, biolabs and other large buildings in Massachusetts, as well as gas utilities and workers affected by any transition plans the DPU requires. The bill prescribes specific technical and emissions targets and directs agency rulemaking and utility planning but leaves many implementation details to DOER and DPU rulemaking and to possible waiver processes. The bill text does not specify state funding to support electrification or retrofit costs.

Next steps: The bill was filed Jan. 15, 2025, as House No. 3523 by Representative Jay D. Livingstone and will proceed through the legislative process (committee referral, hearings and floor action) before any requirements could take effect.