The Clinic recently publicly released a guidance paper with a model green building ordinance entitled Strategies for Massachusetts Municipalities to Implement Net Zero Building Mandates. This paper examines legal complexities that Massachusetts towns and cities must navigate when mandating reductions of greenhouse gas emissions from the building sector. The paper evaluates a range of municipal options, concludes that several are viable with existing authority, and then provides an annotated model ordinance for approach. Although the focus is on mandatory actions, the paper also briefly outlines ideas for voluntary and incentive-based approaches to promoting net zero building (“NZB”) goals.
The analysis assumes that a municipal program will apply to both new and existing buildings. While new large-scale development can account for a disproportionate share of emissions from the building sector, and is often the focus of NZB initiatives, net zero goals at the community level cannot be achieved without addressing existing buildings. While addressing emissions from existing buildings will be important, there are policy and implementation concerns that may favor a phased roll-out of NZB requirements and the paper notes different potential pathways to full NZB mandates. The paper also highlights decision points for regulators, regulated communities and advocates to consider in the design of NZB programs.
Clinic students Gina Angiolillo (JD’18), Amelie Case (JD’19), exchange student Camille Fromentin, Shams Haidari (JD’19), and Eriko Ichikawa (LLM’17) contributed to this work under the supervision of Senior Clinical Instructor and Staff Attorney Aladdine Joroff.
TABLE OF CONTENTS:
Section I: Introduction to Net Zero Buildings
Section II: Municipal Authority to Pursue Net Zero Building Initiatives
Section III: Potential Tools for Municipalities to Mandate Net Zero Building Measures
Section IV: Existing Federal & State Laws Relevant to Net Zero Building-Related Actions
Section V: Preemption – A Potential Limit on Municipal Action
Section VI: Preemption Analysis of Municipal Actions to Mandate Net Zero Building Actions
Appendix 1: Strategies to Expand Municipal Authority for Net Zero Building-Related Actions
Appendix 2: Voluntary Measures to Incentivize Net Zero Building-Related Actions
Appendix 3: Annotated Model Clean Energy Use Ordinance
Appendix 4: National Appliance Energy Conservation Act: Exceptions for Certain Building Code Requirements
Appendix 5: Model Green Building Property Tax Rebate Program