Commonwealth Magazine, August 2020
ATTORNEY GENERAL Maura Healey recently ruled that Brookline’s clean energy bylaw prohibiting installation of oil and gas lines in new and substantially renovated buildings violates state law. It’s true—state preemption law does not allow cities and towns to pass energy requirements stronger than the state’s code. But cities and towns still have substantial leverage. While we work on changing state law, we have other means to get rid of fossil fuels in buildings.
For example, the passive house building standard, promoted by the Commonwealth’s own three-year energy efficiency plan, released in October 2018, is one key element. The plan includes tax incentives and subsidies for developers for both market-rate and low-income housing. Even if energy codes are unchanged, this technology is becoming too cost-effective to resist.