Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3171 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 2583       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3171
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Natalie M. Higgins and Michael P. Kushmerek
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing the gateway cities renewable, efficient, and electrified neighborhoods 
initiative.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/19/2023Michael P. Kushmerek3rd Worcester1/19/2023Ryan M. Hamilton15th Essex1/31/2023Kate Lipper-Garabedian32nd Middlesex2/23/2023James B. EldridgeMiddlesex and Worcester3/12/2023 1 of 6
HOUSE DOCKET, NO. 2583       FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3171
By Representatives Higgins of Leominster and Kushmerek of Fitchburg, a petition (accompanied 
by bill, House, No. 3171) of Natalie M. Higgins, Michael P. Kushmerek and others relative to 
establishing the gateway cities renewable, efficient, and electrified neighborhoods initiative. 
Telecommunications, Utilities and Energy.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act establishing the gateway cities renewable, efficient, and electrified neighborhoods 
initiative.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Chapter 25A of the General Laws is hereby amended by adding the following section:-
2 Section 18. GREEN Act.
3 (a) As used in this section the following words shall have the following meanings unless 
4the context clearly requires otherwise:-
5 “Clean cooking technology,” a non-combustion technology used to prepare food without 
6emitting greenhouse gasses or other harmful pollutants in normal operation, such as induction or 
7radiant electric stoves.
8 “Clean heating technology,” a non-combustion technology used to provide space heating 
9and cooling or water heating and cooling without emitting greenhouse gasses or other harmful  2 of 6
10pollutants in normal operation, such as air-source heat pumps, ground-source heat pumps, and 
11solar hot water systems.
12 “Department,” the department of energy resources.
13 “Gateway municipality,” as defined in section 3A of chapter 23A.
14 “Highly energy efficient,” using efficient appliances and lighting and plumbing fixtures, 
15with a building envelope that meets passive house standards or as close to passive house 
16standards as practicable given the constraints of the building.
17 “Initiative,” the Gateway Cities Renewable, Efficient, and Electrified Neighborhoods 
18Initiative, known as the GREEN Initiative.
19 “Low income,” earning below 50 per cent of area median income.
20 “Moderate income,” earning between 50 to 80 per cent of area median income.
21 “Passive house standards,” standards for the construction of highly energy efficient 
22buildings, including but not limited to: (a) continuous insulation throughout the entire building 
23envelope without any thermal bridging; (b) an extremely airtight building envelope, preventing 
24infiltration of outside air and loss of conditioned air; (c) high-performance windows and doors 
25that exploit the sun's energy for heating purposes in the heating season and minimize overheating 
26during the cooling season; (d) balanced heat- and moisture-recovery ventilation; and (e) a 
27minimal space conditioning system.
28 “Qualifying municipality,” a gateway municipality or smaller qualifying municipality.
29 “Renewable electricity,” electricity produced by a renewable energy generating source. 3 of 6
30 “Renewable energy generating source,” as defined in section 11F of chapter 25A.
31 “Smaller qualifying municipality,” a municipality that meets all of the criteria to be a 
32gateway municipality except that its population is 35,000 or less.
33 “Tenant-owner weatherization agreements” enforceable agreements between residential 
34tenants and a building owner clearly stating that, for a reasonable period of time after a retrofit 
35has been completed, the tenants (including households paying for their energy through their rent) 
36will not be subjected to rent increases unless those increases are demonstrably related to matters 
37other than the weatherization work performed.
38 (b) There shall be a Gateway Cities Renewable, Efficient, and Electrified Neighborhoods 
39Initiative, known as the GREEN Initiative, within the department. The department may contract 
40with the Massachusetts Clean Energy Center to administer all or part of the GREEN Initiative. 
41The purpose of the GREEN Initiative is to retrofit existing low income and moderate income 
42housing in qualifying municipalities to be highly energy efficient, use only clean heating 
43technologies and clean cooking technologies, and where possible be powered by electricity from 
44on-site renewable energy generating sources. The initiative shall collect data and identify best 
45practices for retrofitting Massachusetts’ existing low income and moderate income housing 
46stock.
47 (c) There shall be established a GREEN Initiative Account within the department. Each 
48year, electric and gas distribution companies and municipal aggregators with certified clean 
49energy plans shall transfer a sum of money into the GREEN Initiative Account sufficient to 
50administer the initiative, collect and analyze data, and provide incentives, rebates, or other 
51financial assistance necessary to complete the retrofits beyond the financial assistance already  4 of 6
52available from ratepayer-funded energy efficiency programs or other utility, state or federal 
53programs; provided, that the sum of money transferred to the department in any year shall not 
54exceed $30 million. The department of public utilities may adjust the charges assessed to electric 
55and gas utility customers under sections 19 and 21 of chapter 25 to ensure that there are 
56sufficient resources to meet the objectives of the energy efficiency investment plan and natural 
57gas efficiency investment plan. The department may accept funds into the GREEN Initiative 
58Account from other sources, including grants from foundations, individual donors, and state and 
59federal agencies, without annual limits.
60 (d) Municipal governments, nonprofit organizations, or other entities, known as sponsor 
61organizations, shall apply to the department to carry out a project in one or more qualifying 
62municipalities. Each project shall retrofit low income or moderate income housing units, in one 
63or more buildings, to be highly energy efficient, use only clean heating technologies and clean 
64cooking technologies, and where possible be powered by electricity from on-site renewable 
65energy generating sources. If a residential building includes commercial space, the project may 
66also retrofit the commercial space within the building. Each project may include housing owned 
67by a municipality or other government entity, subsidized affordable housing owned by a 
68nonprofit or for-profit corporation, or non-subsidized housing that is typically occupied by low 
69income or moderate income individuals.
70 (e) In administering this program, the department shall prioritize retrofits of buildings 
71with 6 or fewer housing units, including buildings occupied by owners and buildings occupied 
72by tenants. 5 of 6
73 (f) The department shall assist sponsor organizations in assessing technology options and 
74identifying qualified contractors to carry out the retrofits. The department shall work with the 
75department of public utilities and other state agencies to provide a single application process for 
76sponsor organizations, building owners, and tenants to qualify for all applicable energy 
77efficiency, clean heating, clean cooking, and renewable electricity financial assistance programs 
78offered by the commonwealth, electric and gas distribution companies, and municipal 
79aggregators with certified clean energy plans, and for additional incentives offered by the 
80department through the initiative. The department shall develop incentive structures that 
81encourage property owners to maintain their properties as low income or moderate income 
82housing for several years after retrofits are completed. Such incentives may include tenant-owner 
83weatherization agreements.
84 (g) The department shall set goals for the participation of contractors that are minority 
85business enterprises and women business enterprises in projects funded by the initiative.
86 (h) The department may cover the costs of pre-weatherization, electrical service 
87upgrades, or other improvements necessary before energy efficiency, clean heating, clean 
88cooking, and renewable electricity upgrades can be completed.
89 (i) Each sponsor organization shall hold at least one event open to the general public to 
90share the results of the project, and shall make an effort to publicize the results of the project to 
91local news outlets and on social media. Each sponsor organization shall make information about 
92the project available online in the predominant languages spoken in the community, and shall 
93provide interpretation services at the event for non-English speakers. The department shall  6 of 6
94provide financial assistance for sponsor organizations to pay for interpretation and translation 
95services.
96 (j) The department shall collect quantitative and qualitative data on the results of the 
97initiative, and publish evaluations no later than 1 year after the end of the second year and every 
98two years thereafter. The evaluations shall consider data on energy savings, utility bill savings, 
99improvements in indoor and outdoor air quality, reductions in greenhouse gas emissions and 
100other pollutants, and improvements in comfort and safety for residents, and identify the most 
101effective retrofit approaches for each housing type. The department shall use appropriate 
102practices to prevent the public disclosure of personally identifying information regarding owners 
103and tenants. The evaluations shall also include data on the participation of contractors that are 
104minority business enterprises and women business enterprises in projects funded by the 
105initiative.
106 (k) The department shall convene a task force to advise the department on the 
107implementation of this section, including individuals representing the executive office of energy 
108and environmental affairs, department of energy resources, department of public utilities, 
109department of environmental protection, Massachusetts Clean Energy Center, department of 
110housing and community development, executive office of labor and workforce development, and 
111department of public health. The task force shall also include at least 2 low income or moderate 
112income residents of qualifying municipalities, and at least 2 representatives of nonprofit 
113organizations headquartered in or with a significant presence in qualifying municipalities. The 
114task force shall hold at least 4 public hearings in qualifying municipalities in the first year after 
115the effective date of this section, and at least 2 public hearings in qualifying municipalities in 
116each subsequent year.