Asked the City Manager to direct the City Solicitor, Community Development, Public Works, Inspectional Services and any other related departments to review the proposed amendments regarding the prohibition of Natural Gas Infrastructure in New Buildings

PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN NEW BUILDINGS

Sections: 15.10.010 Purpose. 15.10.020 Applicability. 15.10.030 Definitions. 15.10.040 Prohibited Natural Gas Infrastructure in Newly Constructed Buildings. 15.10.050 Exception. 15.10.060 Public Interest Exemption. 15.10.070 Annual Review. 15.10.080 Severability. 15.10.090 Effective Date.

15.10.010 Purpose.

The Cambridge City Council finds that in order to reach its net zero emissions goals in response to the climate crisis, and pursuant to its declaration of a climate emergency in 2009, fossil fuel combustion in newly constructed buildings shall be prohibited. Furthermore, to protect the health and safety of its residents, combustion of Natural Gas specifically in newly constructed buildings, including major renovations, shall be prohibited.

15.10.020 Applicability.

A. The requirements of this Chapter shall apply to the permits of or the processing of development applications for all Newly Constructed Buildings proposed to be located in whole or in part within the City.

B. The requirements of this Chapter shall not apply to the use of portable propane appliances for outdoor cooking and heating.

C. This Chapter shall in no way be construed as amending energy code requirements under 780 CMR Chapter 115 AA (Stretch Energy Code, as adopted by the Cambridge City Council on December 21, 2009), nor as requiring the use or installation of any specific appliance or system as a condition of approval.

D. The requirements of this Chapter shall be incorporated into conditions of approval for applications for permits under Article 19 of the Zoning Ordinance.

15.10.030 Definitions.

A. “Accessory Dwelling Unit” shall have the same meaning as “Accessory Apartment in Article 2 of the Zoning Ordinance.

B. “Greenhouse Gas Emissions” mean gases that trap heat in the atmosphere.

C. “Natural Gas” shall have the same meaning as “Fuel Gas” as defined in 248 CMR 4.02

D. “Natural Gas Infrastructure” shall be defined as fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter as specified in 248 CMR 4.02.

E. “Newly Constructed Building” shall be defined as a building with a valid Building Permit or Special Permit application approved on or after the effective date of this Chapter that has never before been used or occupied for any purpose, or a building partially demolished and reconstructed where the demolition involved more than half of the most recent prior total floor area of the building.

F. “Occupancy Permit” shall have the same meaning as specified in Chapter 9.20.

G. “Special Permit” shall have the same meaning as specified in Chapter 10.40.

15.10.040 Prohibited Natural Gas Infrastructure in Newly Constructed Buildings.

A. Natural Gas Infrastructure shall be prohibited in Newly Constructed Buildings.

B. Notwithstanding 15.10.040.A, Natural Gas Infrastructure may be permitted in a Newly Constructed Building if the applicant establishes that it is not physically feasible to construct the building without Natural Gas Infrastructure.

C. For purposes of this section, “feasible to construct the building” means that the building is able to achieve the prevailing performance compliance standards using commercially available technology.

D. Natural Gas Infrastructure shall not be extended to any system or device within a building for which an equivalent all-electric system or design is available.

E. To the extent that an exemption and installation of Natural Gas Infrastructure is granted, Newly Constructed Buildings shall be required to have sufficient electric capacity and conduit to facilitate full building electrification.

15.10.050 Exception for Attached Accessory Dwelling Units.

The requirements of this Chapter shall not apply to attached Accessory Dwelling Units.

15.10.060 Public Interest Exemption.

A. Notwithstanding the requirements of this Chapter and the Greenhouse Gas Emissions and other public health and safety hazards associated with Natural Gas Infrastructure, minimally necessary and specifically tailored Natural Gas Infrastructure may be allowed in a Newly Constructed Building provided that the permit granting authority for the project establishes that the use serves the public interest.

B. To the extent that stand-alone delivery systems are available, the exemption shall require that the permit granting authority for the project consider whether a stand-alone delivery system is physically feasible before granting an exemption.

15.10.070 Annual Review.

The City shall review annually the requirements of this ordinance for ongoing consistency with Massachusetts Building Energy Codes regulations under 780 CMR and the Commission’s code adoption cycle.

15.10.080 Severability.

If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.

The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase of this Chapter, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases is declared invalid or unconstitutional.

15.10.090 Effective date.

The provisions of this Chapter shall become effective on January 1, 2020.