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LC000719

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- ALL-ELECTRIC BUILDING ACT

     

     Introduced By: Representatives Cortvriend, Potter, Handy, McGaw, Carson, Kislak,
Donovan, Speakman, and Cotter

     Date Introduced: February 15, 2023

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 37 of the General Laws entitled "PUBLIC PROPERTY AND WORKS"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 27

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ALL-ELECTRIC BUILDING ACT

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     37-27-1. Short title.

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     This chapter shall be known and may be cited as the "All-Electric Building Act".

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     37-27-2. Definitions.

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     As used in this chapter:

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     (1) "All-electric building or project" means a building or project that uses a permanent

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supply of electricity as the sole source of energy to meet building energy needs. An all-electric

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building or project shall have no natural gas, propane, or oil heaters, boilers, piping systems,

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fixtures or infrastructure installed to meet building energy needs.

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     (2) "All-electric ready" means a building, project, or portion thereof that contains electrical

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systems and designs that provide sufficient capacity for a future retrofit of a mixed-fuel building to

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an all-electric building, including sufficient space, drainage, electrical conductors or raceways, bus

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bar capacity, and overcurrent protective devices for such retrofit. The public utilities commission

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in conjunction with the office of housing and community development and state building code

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commission shall promulgate guidelines for an electric-ready building on or before January 1, 2024.

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     (3) "Building energy needs" means all space conditioning including heating and cooling,

 

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water heating including pools and spas, cooking appliances and clothes drying appliances.

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     (4) "Mixed-fuel building" means a building that uses a combination of electricity and

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natural gas, propane, or oil to meet building energy needs. For the purposes of this section, "mixed-

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fuel building" shall not include buildings that use geothermal or solar energy to meet heating and/or

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cooling building energy needs; provided, however, that are otherwise all-electric buildings.

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     (5) "Mixed-use building" means a building used for both residential and commercial

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purposes.

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     37-27-3. Permits for all-electric buildings.

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     (a) No city or town shall issue a permit for the construction of any new commercial,

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residential, or mixed-use building that is not an all-electric building if the initial application for

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such permit was submitted after December 31, 2024, unless the circumstances set forth in

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subsection (b) or (e) of this section apply. For purposes of this subsection, the initial application

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shall be the first site or building permit application associated with the building or project.

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     (b) Notwithstanding the provisions of subsection (a) of this section, a city or town may

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issue a permit for construction of a new mixed-fuel building upon a finding by the permitting body

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of such city or town that constructing an all-electric building or project is physically or technically

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infeasible and that a modification is warranted. Financial considerations shall not be a sufficient

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basis to determine physical or technical infeasibility. Modifications shall only be issued under this

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exception where the permitting body finds that:

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     (1) Sufficient evidence was submitted to substantiate the infeasibility of an all-electric

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building or project design. Such evidence shall show that the building either:

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     (i) Cannot satisfy necessary building code requirements without the usage of gas or oil

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piping systems, fixtures and/or infrastructure; or

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     (ii) If the building is specifically designated for occupancy by a commercial food service

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establishment, that such establishment cannot feasibly operate using commercially available all-

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electric appliances;

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     (2) The installation of natural gas or oil piping systems, fixtures and/or infrastructure is

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strictly limited to the system and area of the building for which an all-electric building or project

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design is infeasible;

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     (3) The area or service within the project where gas or oil piping systems, fixtures and/or

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infrastructure are installed is all-electric ready; and

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     (4) The project's modified design provides equivalent health, safety and fire protection to

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an all-electric building or project design.

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     (c) No local permitting body shall issue building or construction permits that would convert

 

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an all-electric building or project into a mixed-fuel building where the initial application was

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submitted after December 31, 2024.

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     (d) On or before February 1, 2025, the public utilities commission, the office of housing

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community development and the state building code commission shall report jointly to the

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governor, the senate president, and the speaker of the house, regarding what changes to electric rate

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designs, new or existing subsidy programs, policies, or laws are necessary to ensure this section

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does not diminish the production of affordable housing or the affordability of electricity for

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customers in all-electric buildings. For the purpose of this subsection, "affordability of electricity"

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means that electricity does not cost more than six percent (6%) of a residential customer's income.

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     (e) Exemptions. Notwithstanding the provisions of subsection (a) of this section, a city or

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town shall issue a permit for new construction, substantial remodel, or rehabilitation of a building

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or group of buildings, in which the use of mixed-fuel is used to meet building energy needs and

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said building or group of buildings are for the sole use as a hospital, medical facility, laboratory for

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biological research or restaurant.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- ALL-ELECTRIC BUILDING ACT

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     This act would provide that no city or town would issue a permit for the construction of

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new buildings that are not an all-electric building, if the initial application for a permit was

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submitted after December 31, 2024, unless certain circumstances apply. Exceptions would be

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granted to restaurants, hospitals, medical facilities or biolabs.

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     This act would take effect upon passage.

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