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r, <br /> Y i <br /> COMMONWEALTH OF MASSACHUSETTS <br /> EXECUTIVE OFFICE OF <br /> ENERGY AND ENVIRONMENTAL AFFAIRS <br /> DEPARTMENT OF ENERGY RESOURCES <br /> a'Jn <br /> KimberleyTelephone: 617-626-7300 <br /> Maura T.Healey Rebecca L.Tepper <br /> Governor Secretary <br /> Driscoll <br /> Lt. Governor Commissioner <br /> December 22, 2023 <br /> Via Electronic Mail <br /> James J. Malloy <br /> Town Manager <br /> Town of Lexington <br /> 1625 Massachusetts Avenue <br /> Lexington, Massachusetts 02420 <br /> jmalloyglexingtonma.gov <br /> Dear James J. Malloy, <br /> The Department of Energy Resources (Department) is contacting you in regard to Lexington's <br /> application to become a Participating Community in the Department's Municipal Fossil Fuel <br /> Free Building Construction and Renovation Demonstration Project (Demonstration Project) as <br /> authorized by St. 2022, c. 179, § 84 (Act). <br /> The Department has reviewed Lexington's application and determined that it contains the <br /> required application materials listed in 225 CMR 24.04(1) and that Lexington meets the Housing <br /> Eligibility Thresholds detailed in 225 CMR 24.05(2). The Department hereby approves <br /> Lexington's application to become a Participating Community in the Department's <br /> Demonstration Project. <br /> The Department notes that Lexington's final by-law contains certain exemptions not contained in <br /> the Department's Model Rule. Notably, it exempts indoor cooking appliances and indoor <br /> fireplaces from the application of the by-law. While the Department views such exemptions as <br /> within the discretion the Act affords communities to define "fossil fuel-free,"the Department <br /> notes that Lexington is the only Prioritized Community to have made such an exemption. The <br /> Department views these exemptions as contrary to the intent of the Act and the Demonstration <br />