Municipal Fossil Fuel Free Building Demonstration Program

DOER demonstration program enabling cities and towns to adopt and amend general or zoning ordinances or by-laws to require new building construction or major renovation projects to be fossil fuel-free.

An Act Driving Clean Energy and Offshore Wind (St. 2022, c. 179, § 84) requires the Massachusetts Department of Energy Resources (DOER) to establish a demonstration project in which not more than ten cities and towns may adopt and amend general or zoning ordinances or by-laws that require new building construction or major renovation projects to be fossil fuel-free, and enforce restrictions and prohibitions on new building construction and major renovation projects that are not fossil fuel-free, including through the withholding or conditioning of building permits. The law requires DOER to prioritize the applications of municipalities that submitted home rule petitions to the legislature requesting the ability to implement such by-laws and ordinances prior to the passage of the law.

DOER promulgated 225 CMR 24.00 is to establish the framework, requirements, and timeline for cities and towns to participate in the DOER's Municipal Fossil Fuel Free Building Construction and Renovation Demonstration Program as authorized by St. 2022, c. 179, § 84.

In order to participate in the Program, the law requires that municipalities meet one of three criteria related to housing production (Housing Eligibility Thresholds). These thresholds are detailed further in 225 CMR 24.05(2).

Table of Contents

Program Acceptance Letters

Conditional Program Acceptance Letters

On December 22, 2023, DOER issued conditional program acceptance letters to the following communities. On February 21, 2024, Arlington was issued a project acceptance letter. On July 12, 2024 Newton was issued a project acceptance letter. 

Substitute Communities

DOER selected Northampton as the Substitute Community. On October 29, 2024, DOER issued a program acceptance letter to Northampton, and a letter notifying Somerville it was not selected.

On January 18, 2025, Northampton submitted its final fossil fuel-free construction ordinance to DOER, completing its application.

On February 28, 2025, DOER issued Northampton a letter acknowledging receipt and providing feedback on the ordinance.

Applications Submitted by Substitute Communities by November 10, 2023

DOER received applications from two potential substitute communities to participate in the Municipal Fossil Fuel Free Demonstration Program and determined the applications are complete, in accordance with 225 CMR 24.00.

Applications Submitted by September 1, 2023

DOER received applications from nine Prioritized Communities to participate in the Municipal Fossil Fuel Free Demonstration Program and has determined that the applications are complete, in accordance with 225 CMR 24.00. Final versions of each community’s fossil fuel free by-law or ordinance can be found on the communities’ websites. 

DOER received one letter of withdrawal from a Prioritized Community.

Fossil Fuel Free Demonstration Program Regulation and Model Rule Development

Final Regulations Filed with the Secretary of State

On July 18, 2023, the DOER filed its final version of the 225 CMR 24.00 Municipal Fossil Fuel Free Building Construction and Renovation Demonstration Program with the Secretary of the Commonwealth’s Office. the DOER expects the regulations to be published in the State Register on August 4, 2023. 

The final UNOFFICIAL version of the regulations that were filed and the associated guidelines can be found below.

If you have any questions, please direct them to green.communities@mass.gov and include “CITY/TOWN NAME: FFF Program” in the subject line.

Applications may also be submitted to green.communities@mass.gov with “CITY/TOWN NAME: FFF Program” in the subject line.

225 CMR 24.00

Regulation filing document

Final Regulations Filed for Review by the Joint Committee on Telecommunications, Utilities and Energy

On June 14, 2023, the Joint Committee on Telecommunications, Utilities and Energy issued its report on the regulations, and took no formal position on the substance of the regulations. Thus, the final regulations are identical to those referred to the Joint Committee on Telecommunications, Utilities and Energy in May. The Department will file the final regulations with the Secretary of State not earlier than 30 days after June 14.

TUE Filing Document

225 CMR 24.00

Regulations Filed for Review by the Joint Committee on Telecommunications, Utilities and Energy

On May 10, 2023, DOER sent a notice to stakeholders to inform them that DOER had filed amended draft regulations with the House and Senate for review by the Joint Committee on Telecommunications, Utilities and Energy for the Municipal Fossil Fuel Free Building Construction and Renovation Demonstration Program. The amended draft regulations, along with a response to comments and model rule, can be seen below.

TUE Filing Document 

225 CMR 24.00 (CLEAN)

225 CMR 24.00 (REDLINE)

Response to Comments 

Model Rule - Fossil Fuel Free Demonstration Program

Draft Regulations Published

DOER has published its draft regulation and a model rule for public comment.

A virtual public hearing was held on February 8, 2023 to receive verbal comments on the proposed regulation and model rule. 

Written Comments

Written comments were accepted until 5 PM on February 10. Public comments are posted here.

Date published: December 23, 2022

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