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HOUSE DOCKET, NO. 3697 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3231
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Erika Uyterhoeven
_________________
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 investing in a prosperous, clean Commonwealth by 2030.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Erika Uyterhoeven27th Middlesex1/20/2023David Henry Argosky LeBoeuf17th Worcester2/1/2023James B. EldridgeMiddlesex and Worcester2/22/2023 1 of 39
HOUSE DOCKET, NO. 3697 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3231
By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No.
3231) of Erika Uyterhoeven, David Henry Argosky LeBoeuf and James B. Eldridge relative to
transitioning to 100 percent renewable electricity and net zero carbon emissions across all sectors
of the Commonwealth by the year 2030. Telecommunications, Utilities and Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3372 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act investing in a prosperous, clean Commonwealth by 2030.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The commonwealth should lead the nation by transitioning to 100%
2renewable electricity and net zero carbon emissions across all sectors by 2030. Climate scientists
3estimate that we must halve global emissions by 2030 to stop catastrophic climate change;
4therefore, an equitable and sustainable future necessitates that the commonwealth aggressively
5transition energy use entirely away from fossil fuels to renewable energy generation. However,
6climate change is intertwined with social inequities that will not be solved by simply
7transitioning to renewable energy. To fully address the scope of the climate crisis, all of the
8interdependencies of the crisis must be acknowledged and addressed, such that: (1) the laws and
9energy policies of the commonwealth are aligned with the scientific consensus around the
10climate crisis; (2) all have access to clean air, water, and land; (3) we center justice and equity 2 of 39
11for environmental justice communities, frontline and fenceline communities - particularly poor,
12Black and brown, and indigenous communities - and other populations that have been
13disproportionately affected by the climate crisis; (4) the commonwealth increases energy security
14and democratization by eliminating the use of fossil fuels and maximizing renewable energy
15production in our region; and (5) there is a just transition for workers amidst this energy
16transition by creating green, local, unionized jobs with wage and benefit parity and by
17prioritizing workers affected by the transition for green job training programs.
18 SECTION 2. Section 1 of Chapter 21N of the General Laws, is hereby amended by
19striking out the definition of “direct emissions” and inserting in place thereof the following
20definition:-
21 "Direct emissions'', emissions from sources that are owned or operated, in whole or in
22part, by any person, entity or facility in the commonwealth including, but not limited to,
23emissions from any transportation vehicle; building; structure; fugitive source; reduction in
24carbon carrying capacity associated with land use; resource extraction or development;
25distribution system; or residential, commercial, institutional, industrial, waste management,
26agricultural, or manufacturing process.
27 SECTION 3. Said section 1 of said chapter 21N, as so appearing, is hereby further
28amended by inserting the following 4 definitions:-
29 “Negative emissions”, removal of greenhouse gases from the atmosphere measured in
30tons of carbon dioxide equivalent, reported in the greenhouse gas registry in accordance with
31subsection a of section 2 of chapter 21N. 3 of 39
32 “Net statewide greenhouse gas emissions”, statewide greenhouse gas emissions minus
33negative emissions.
34 “Land carbon carrying capacity”, the capacity of land to sequester greenhouse gases
35measured in tons of carbon dioxide equivalent, including that embodied in organic matter
36contained in forests, wetlands or soils.
37 “Changes in land use resulting in a reduction in carbon carrying capacity”, any process
38which causes a reduction in land carbon carrying capacity including development, deforestation,
39draining, landfill, or resource extraction.
40 SECTION 4: Section 2 of said chapter 21N, as so appearing, is hereby amended by
41striking out subsection (a) and inserting in place thereof the following subsection:-
42 (a) The department shall monitor and regulate emissions of greenhouse gases with the
43goal of reducing those emissions. The department shall adopt regulations to require the reporting
44and verification of statewide greenhouse gas emissions and to monitor and enforce compliance
45with this chapter. The regulations shall: (1) establish a greenhouse gas registry and reporting
46system for greenhouse gas emission sources; provided, however, that in establishing the
47greenhouse gas registry and reporting system, the department may collaborate with other states
48or a regional consortium; (2) annually require the owner or operator of any facility that is
49required to report air emissions data to the department pursuant to Title V of the federal Clean
50Air Act and that has stationary emissions sources that emit greenhouse gases to report annually
51to the regional registry direct stack emissions of greenhouse gases from such sources; (3) require
52the owner or operator of a facility that has stationary emissions sources that emit greenhouse
53gases in excess of 5,000 tons of greenhouse gases per year in carbon dioxide equivalents to 4 of 39
54report annually to the registry direct emissions of greenhouse gases from such sources; provided,
55however, that the department shall develop a simplified estimation form to assist facilities in
56determining who shall report emissions and shall consider, on an annual basis, requiring the
57expansion of reporting to the greenhouse gas registry; (4) require the owner or developer of a
58property that has undergone a reduction in carbon carrying capacity in excess of 5,000 tons of
59carbon dioxide equivalent in a given year to report to the registry direct emissions of greenhouse
60gases from such sources; (5) provide for the voluntary reporting of emissions and negative
61emissions of greenhouse gases to the greenhouse gas registry by entities and facilities that are not
62required to submit information pursuant to clauses (2) and (3); provided, however, that the
63greenhouse gas emissions reported shall be of a type and format that the greenhouse gas registry
64can accommodate; (6) require reporting of greenhouse gas emissions from generation sources
65producing all electricity consumed, including transmission and distribution line losses from
66electricity generated within the commonwealth or imported from outside the commonwealth;
67provided, however, that this requirement shall apply to all retail sellers of electricity, including
68electric utilities, municipal electric departments and municipal light boards as defined in section
691 of chapter 164A; (7) require reporting of fugitive greenhouse gas emissions from distribution
70of natural gas consumed for all residential, commercial and industrial purposes; provided,
71however, that this requirement shall apply to all owners of infrastructure used for distribution of
72natural gas including gas companies as defined in section 1 of chapter 164 of the General Laws;
73(8) ensure rigorous and consistent accounting of emissions and provide reporting tools and
74formats to ensure collection of necessary data; and (9) ensure that greenhouse gas emissions
75sources maintain comprehensive records of all reported greenhouse gas emissions. 5 of 39
76 SECTION 5: Section 3 of said chapter 21N, as so appearing, is hereby amended by
77striking out subsection (b) and inserting in place thereof the following subsection:-
78 (b) The secretary shall, in consultation with the department and the department of energy
79resources, adopt the following statewide greenhouse gas emissions limits: (i) an interim 2025
80statewide greenhouse gas emissions limit; (ii) an interim 2025 net statewide greenhouse gas
81emissions limit; (iii) an interim 2030 statewide greenhouse gas emissions limit; (iv) an interim
822030 net statewide greenhouse gas emissions limit; (v) an interim 2035 statewide greenhouse gas
83emissions limit; (vi) an interim 2035 net statewide greenhouse gas emissions limit; (vii) an
84interim 2040 statewide greenhouse gas emissions limit; (viii) an interim 2040 net statewide
85greenhouse gas emissions limit; (ix) an interim 2045 statewide greenhouse gas emissions limit;
86(x) an interim 2045 net statewide greenhouse gas emissions limit; (xi) a 2050 statewide
87greenhouse gas emissions limit; (xii) a 2050 net statewide greenhouse gas emissions limit that
88achieves at least a net emissions reduction of 110 per cent below the 1990 level provided,
89however, that in no event shall the level of net statewide greenhouse gas emissions after 2030 be
90higher than zero and provided that in no event shall the level of statewide greenhouse gas
91emissions after 2040 be higher than zero. Each limit shall be accompanied by publication of a
92comprehensive, clear and specific roadmap plan to realize said limit.
93 SECTION 6: Subsection (a) of section 4 of said chapter 21N, as so appearing, is hereby
94amended by inserting after the first sentence the following sentence:- The secretary shall further
95adopt the 2040 net statewide greenhouse gas emissions limit pursuant to clause (8) of subsection
96(b) of section 3, which shall be not less than 105 per cent below the 1990 emissions level and
97shall plan to achieve that reduction pursuant to subsection (h) of section 4. 6 of 39
98 SECTION 7: Said section 4 of said chapter 21N, as so appearing, is hereby amended by
99inserting after subsection (h) the following subsection:-
100 (i) The secretary shall produce a comprehensive set of criteria defining negative
101emissions. Said criteria will be explicitly designed to (1) ensure that negative emissions represent
102removal of atmospheric greenhouse gases during the year in which they are recorded, (2) avoid
103double counting negative emissions in any way, (3) promote the growth of carbon negative
104practices in the commonwealth. The criteria shall be updated by the secretary every year.
105 SECTION 8. Section 6 of chapter 21A of the General Laws, is hereby amended by
106adding the following sentences:- Subject to appropriation, the secretary shall appoint an expert
107aide with the duties of developing policies, plans or programs to: (1) monitor and regulate
108emissions of greenhouse gases; (2) adopt the statewide greenhouse gas emissions limits; and (3)
109produce a comprehensive set of criteria defining negative emissions. Subject to appropriation,
110the secretary shall appoint an expert aide with the duties of developing policies, plans or
111programs to assist municipalities reach the zero emissions targets.
112 SECTION 9. Notwithstanding any general or special law to the contrary, the secretary of
113the executive office of energy and environmental affairs shall hire the expert aides set forth in
114section 8 of this act within 60 days of the start of fiscal year 2024, subject to appropriation.
115 SECTION 10. Section 16 of chapter 298 of the acts of 2008 is hereby amended by
116striking out, in lines 3 and 4, the words “, and shall expire on December 31, 2020”.
117 SECTION 11. Section 11F 1/2 of chapter 25A of the General Laws, is hereby amended
118by striking out, in subsection (a), the words “(4) an additional 2 per cent of sales each year
119thereafter until December 31, 2029; and (5) an additional 1 per cent of sales every year 7 of 39
120thereafter” and inserting in place thereof the following words:- (4) 33 per cent of total sales by
121December 31, 2022; (5) 40 per cent of total sales by December 31, 2023; (6) 48 per cent of total
122sales by December 31, 2024; (7) 55 per cent of total sales by December 31, 2025; (8) 65 per cent
123of total sales by December 31, 2026; (9) 75 per cent of total sales by December 31, 2027; (10) 87
124per cent of total sales by December 31, 2028; and (11) 100 per cent of total sales by December
12531, 2029.”
126 SECTION 12. Section 11F of chapter 25A of the General Laws, is hereby amended by
127striking out subsection (b) and inserting in place thereof the following subsection:-
128 (b) For the purposes of this subsection, a renewable energy generating source is one
129which generates electricity using any of the following: (1) solar photovoltaic or solar thermal
130electric energy; (2) wind energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing
131renewable fuels; (5) landfill gas; (6) naturally flowing water and hydroelectric; or (7) geothermal
132energy. The following technologies and fuels shall not be considered renewable energy sources:
133(A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris
134including, but not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power
135and (H) hydropower facilities that have nameplate capacity of more than 30MW. A renewable
136energy generating source may be located behind the customer meter within the ISO–NE, as
137defined in section 1 of chapter 164, control area if the output is verified by an independent
138verification system participating in the New England Power Pool Generation Information
139System, in this section called NEPOOL GIS, accounting system and approved by the department.
140 SECTION 13. Said section 11F, as so appearing, is hereby amended by striking out
141subsection (c) and inserting in place thereof the following subsection:- 8 of 39
142 (c) New renewable energy generating sources meeting the requirements of this subsection
143shall be known as Class I renewable energy generating sources. For the purposes of this
144subsection, a Class I renewable energy generating source is one that began commercial operation
145after December 31, 1997, or represents the net increase from incremental new generating
146capacity after December 31, 1997 at an existing facility, where the facility generates electricity
147using any of the following: (1) solar photovoltaic or solar thermal electric energy; (2) wind
148energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5)
149landfill gas; (6) energy generated by new hydroelectric facilities, or incremental new energy
150from increased capacity or efficiency improvements at existing hydroelectric facilities; provided,
151however, that (i) each such new facility or increased capacity or efficiency at each such existing
152facility must meet appropriate and site-specific standards that address adequate and healthy river
153flows, water quality standards, fish passage and protection measures and mitigation and
154enhancement opportunities in the impacted watershed as determined by the department in
155consultation with relevant state and federal agencies having oversight and jurisdiction over
156hydropower facilities; (ii) only energy from new facilities having a capacity up to 30 megawatts
157or attributable to improvements that incrementally increase capacity or efficiency by up to 30
158megawatts at an existing hydroelectric facility shall qualify; and (iii) no such facility shall
159involve pumped storage of water or construction of any new dam or water diversion structure
160constructed later than January 1, 1998; (7) marine or hydrokinetic energy as defined in section 3;
161or (8) geothermal energy. The following technologies and fuels shall not be considered
162renewable energy sources: (A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E)
163construction and demolition debris including, but not limited to, chemically-treated wood; (F)
164nuclear power; (G) biomass power and (H) hydropower facilities that have nameplate capacity of 9 of 39
165more than 30MWA. Class I renewable generating sources may be located behind the customer
166meter within the ISO –NE control area if the output is verified by an independent verification
167system participating in the NEPOOL GIS accounting system and approved by the department.
168 SECTION 14. Said section 11F, as so appearing, is hereby amended by striking out
169subsection (d) and inserting in place thereof the following subsection:-
170 (d) Every retail electric supplier providing service under contracts executed or extended
171on or after January 1, 2009, shall provide a minimum percentage of kilowatt-hour sales to end-
172use customers in the commonwealth from Class II renewable energy generating sources. For the
173purposes of this section, a Class II renewable energy generating source is one that began
174commercial operation before December 31, 1997 and generates electricity using any of the
175following: (1) solar photovoltaic or solar thermal electric energy; (2) wind energy; (3) ocean
176thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5) landfill gas; (6) energy
177generated by existing hydroelectric facilities, provided that such existing facility shall meet
178appropriate and site-specific standards that address adequate and healthy river flows, water
179quality standards, fish passage and protection measures and mitigation and enhancement
180opportunities in the impacted watershed as determined by the department in consultation with
181relevant state and federal agencies having oversight and jurisdiction over hydropower facilities;
182and provided further, that only energy from existing facilities up to 7.5 megawatts shall be
183considered renewable energy and no such facility shall involve pumped storage of water nor
184construction of any new dam or water diversion structure constructed later than January 1, 1998;
185(7) marine or hydrokinetic energy as defined in section 3; or (8) geothermal energy. The
186following technologies and fuels shall not be considered renewable energy sources: (A) coal; (B)
187petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but 10 of 39
188not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power and (H)
189hydropower facilities that have nameplate capacity of more than 30MW. A Class II renewable
190generating source may be located behind the customer meter within the ISO–NE control area
191provided that the output is verified by an independent verification system participating in the
192NEPOOL GIS accounting system and approved by the department.
193 SECTION 15. Section 11F 1/2 of chapter 25A of the General Laws, is hereby amended
194by striking out subsection (a) and inserting in place thereof the following subsection:-
195 (a) The department shall establish an alternative energy portfolio standard for all retail
196electricity suppliers selling electricity to end-use customers in the commonwealth. Every retail
197electric supplier providing service under contracts executed or extended on or after January 1,
1982009 shall provide a minimum percentage of kilowatt-hour sales, as determined by the
199department, to end-use customers in the commonwealth from alternative energy generating
200sources and the department shall annually thereafter determine the minimum percentage of
201kilowatt-hour sales to end-use customers in the commonwealth which shall be derived from
202alternative energy generating sources. For the purposes of this section, ''alternative energy
203generating source'' shall mean a source which generates energy using any of the following: (i)
204flywheel energy storage; (ii) energy efficient steam technology; or (iii) fuel cells. The following
205technologies and fuels shall not be considered alternative energy supplies: (A) coal; (B)
206petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but
207not limited to, chemically-treated wood and (F) nuclear power.
208 SECTION 16. Said section 11F 1/2, as so appearing, is hereby amended by striking out in
209subsection (b) the following text:- 11 of 39
210 (b) The department, in consultation with the department of environmental protection,
211shall set: (i) emission performance standards that are protective of public health, including
212standards for eligible biomass, biogas and liquid biofuel technologies that limit eligibility only to
213best-in-class commercially-feasible technologies, inclusive of energy conversion and emissions
214controls, with regard to reducing emissions of particulate matter sized 2.5 microns or less and
215carbon monoxide and other air pollutants; (ii) for eligible biomass, biogas and liquid biofuel
216technologies, a requirement of 50 per cent reduction in life-cycle greenhouse gas emissions
217compared to a high efficiency unit utilizing the fuel that is being displaced or, for a new load, a
218high-efficiency natural gas unit, if natural gas is available at reasonable cost to the site or
219otherwise the fuel that is most likely to be utilized; (iii) for eligible biomass, biogas and liquid
220biofuel technologies, requirements for thermal storage or other means to minimize any
221significant deterioration of efficiency or emissions due to boiler cycling, if feasible; (iv) for
222eligible biomass, biogas and liquid biofuel technologies, fuel conversion efficiency performance
223standards achievable by best-in-class commercially-feasible technologies; and (v) in consultation
224with the department of conservation and recreation, for forest-derived biomass, requirements that
225fuel shall be provided by means of sustainable forestry practices; provided, however, that the
226department shall adopt any existing or new biomass fuel sustainability standards if deemed
227appropriate by the department after a public comment process.
228 SECTION 17. Said section 11F 1/2, as so appearing, is hereby amended by striking out
229subsections (c) and (d) and inserting in place thereof the following subsections:-
230 (b) The department shall adopt regulations allowing for a retail supplier to discharge its
231obligations under this section by making an alternative compliance payment in an amount
232established by the department. Such regulations shall outline procedures by which each retail 12 of 39
233supplier shall annually submit for the department's review a filing illustrating the retail supplier's
234compliance with the requirements of this section.
235 (c) A municipal lighting plant shall be exempt from the obligations under this section so
236long as and insofar as it is exempt from the requirements to allow competitive choice of
237generation supply under section 47A of chapter 164.
238 SECTION 18. Said section 11F 1/2, as so appearing, is hereby amended by striking out
239subsection (e) and inserting in place thereof the following subsection:-
240 (d) The department may provide that for fuel cells and certain nonemitting renewable
241thermal technologies, an alternative energy credit shall be earned for less than 3,412,000 British
242thermal units of net useful thermal energy so as to stimulate the development of new on-site
243energy generating sources.
244 SECTION 19. Notwithstanding any general or special law to the contrary, the department
245of energy resources shall require distribution companies, as defined in section 1 of chapter 164 of
246the General Laws, to jointly and competitively conduct additional offshore wind generation
247solicitations and procurements of up to approximately 6,000 megawatts of aggregate nameplate
248capacity, in addition to the solicitations and procurements required by section 83C of chapter 169
249of the acts of 2008, as amended by chapter 188 of the acts of 2016, and may require said
250additional solicitations and procurements by December 31, 2029.
251 SECTION 20. Subsection (b) of section 83C of chapter 169 of the acts of 2008, inserted
252by chapter 188 of the acts of 2016 and amended by section 21 of chapter 27 of the acts of 2018
253shall be hereby amended by striking out the following words:- “; provided, however, that the
254department of public utilities shall not approve a long-term contract that results from a 13 of 39
255subsequent solicitation and procurement period if the levelized price per megawatt hour, plus
256associated transmission costs, is greater than or equal to the levelized price per megawatt hour
257plus transmission costs that result from the previous procurement.”
258 SECTION 21. Said subsection (b) in section 83C is hereby further amended by striking
259out the following words:- “(3) provide for an annual remuneration for the contracting distribution
260company up to 2.75 cent of the annual payments under the contract to compensate the company
261for accepting the financial obligation of the long-term contract, such provision to be acted upon
262by the department of public utilities at the time of contract approval;”
263 SECTION 22. In responding to any solicitations issued by distribution companies for the
264procurement of offshore wind generation, proposals for long-term contracts shall include an
265environmental and fisheries mitigation plan for the construction and operation of such offshore
266wind facilities, provided such plan shall include, but not be limited to, an explicit description of
267the best management practices and any on- or off-site mitigation the bidder will employ,
268informed by the latest science at the time the proposal is made, that will avoid, minimize and
269mitigate any impacts to: wildlife, including but not limited to threatened or endangered species
270such as North Atlantic right whales; coastal and marine habitats; natural resources; ecosystems;
271and traditional or existing water-dependent uses, including, but not limited to, commercial and
272recreational fishing. The plan should also include pre- and post-construction monitoring to
273understand the effects of facilities on marine and avian species.
274 The department of energy resources shall establish an environmental working group and
275a fisheries working group comprised of key experts and stakeholders to provide input on best
276practices for avoiding, minimizing and mitigating any impacts to: wildlife, including but not 14 of 39
277limited to threatened or endangered species such as North Atlantic right whales; coastal and
278marine habitats; natural resources; ecosystems; and traditional or existing water-dependent uses,
279including, but not limited to, commercial and recreational fishing, during the construction and
280operation of facilities eligible pursuant to this section. The working groups shall conduct ongoing
281review of implemented monitoring and mitigation programs and provide feedback and
282recommendations on an as-needed basis, to be considered by the department. Pre-construction
283engagement of these working groups will correspond with project development, solicitation, and
284permitting, and the federal consistency process.
285 Proposals must include a commitment to, if selected and approved, provide financial and
286technical assistance to support robust monitoring of wildlife and habitat through a minimum
287$10,000 per megawatt contribution to regional research on the impacts of offshore wind on
288wildlife and habitat to inform strategies to avoid and mitigate any impacts to the marine
289environment. The department of energy resources, in consultation with the environmental and
290fisheries working groups, shall determine how the funds will be used to advance the responsible
291development of the offshore wind energy industry, not necessarily the proposed project.
292 SECTION 23. Notwithstanding any general or special law to the contrary, the department
293of energy resources shall require offshore wind bids to allocate at least 1% of the cost of the
294project to a general fund in support of Massachusetts-based offshore wind power research and
295workforce development provided further, that this fund shall be administered by the
296Massachusetts Clean Energy Center, provided further, that a portion of this fund shall be used to
297cover reasonable administrative costs of MassCEC. 15 of 39
298 SECTION 24. Notwithstanding any general or special law to the contrary, the department
299of energy resources shall require retail suppliers, as defined in section 1 of chapter 164 of the
300General Laws, to jointly and competitively conduct additional solar photovoltaic electric energy
301generation solicitations and procurements of up to approximately 6,000 megawatts of aggregate
302nameplate capacity, in addition to the solicitations and procurements required by section 4 of
303chapter 75 of the acts of 2016, and may require said additional solicitations and procurements by
304December 31, 2029.
305 SECTION 25. In responding to any solicitations from retail suppliers for the procurement
306of solar generation, proposals for long-term contracts shall include an environmental mitigation
307plan for the construction and operation of such solar facilities, provided such plan shall include,
308but not be limited to, an explicit description of the best management practices and any on- or off-
309site mitigation the bidder will employ, informed by the latest science at the time the proposal is
310made, that will avoid, minimize and mitigate any impacts to: wildlife, including but not limited
311to threatened or endangered species; wetlands, including but not limited to impacts on water
312quality and vegetation diversity; forests, including impacts from deforestation and removal of
313trees; natural resources; and ecosystems. The plan should also include pre- and post-construction
314monitoring to understand the effects of facilities on wetlands, forests, and land on which solar
315facilities are installed.
316 The department of energy resources shall establish an environmental working group
317comprised of key experts and stakeholders to provide input on best practices for avoiding,
318minimizing and mitigating any impacts to: wildlife, including but not limited to threatened or
319endangered species; wetlands, including but not limited to impacts on water quality and
320vegetation diversity; forests, including impacts from deforestation and removal of trees; natural 16 of 39
321resources; and ecosystems. The working groups shall conduct ongoing review of implemented
322monitoring and mitigation programs and provide feedback and recommendations on an as-
323needed basis, to be considered by the department. Pre-construction engagement of these working
324groups will correspond with project development, solicitation, and permitting, and the federal
325consistency process.
326 Proposals must include a commitment to, if selected and approved, provide financial and
327technical assistance to support robust monitoring of wildlife, ecosystems and habitat through a
328minimum $10,000 per megawatt contribution to regional research on the impacts of solar on
329wildlife and habitat to inform strategies to avoid and mitigate any impacts to the environment.
330The department of energy resources, in consultation with the environmental working groups,
331shall determine how the funds will be used to advance the responsible development of the solar
332energy industry, not necessarily the proposed project.
333 SECTION 26. Section 139 of chapter 164 of the General Laws, is hereby amended by
334inserting after the word “entity”, in line 96, the following words:- “or publicly-assisted housing
335or its residents.”
336 SECTION 27. Said section 138 of said chapter 164, as so appearing, is hereby further
337amended by striking out the words:- “or (2) of which the municipality or other governmental
338entity is assigned 100 per cent of the output.” and inserting in place thereof the following words:-
339"or (2) of which the municipality, other governmental entity, low income or environmental
340justice households or publicly-assisted housing or its residents are assigned 100 per cent of the
341output or net metering credits.” 17 of 39
342 SECTION 28. Said section 138 of said chapter 164, as so appearing, is hereby further
343amended by inserting after the definition of “Net metering facility of a municipality or other
344governmental entity” the following definition:-
345 “Publicly-assisted housing”, as defined in section 1 of chapter 40T.
346 SECTION 29. Section 139 of chapter 164 of the General Laws, is hereby amended by
347striking out, in lines 62 and 63, the words “and that are located in the same ISO-NE load zone
348to” and inserting in place thereof the following words:- , “regardless of which ISO-NE load zone
349the customers are located in, to.”
350 SECTION 30. Said section 139, as so appearing, is hereby further amended by inserting
351after the word “charges”, in line 85, the second time it appears, the following words:- “,
352including demand charges as part of a monthly minimum reliability contribution except as
353authorized under subsection (j).”
354 SECTION 31. Said section 139 of said chapter 164, as so appearing, is hereby amended
355by striking out subsection (f) of said section 139 and inserting in place thereof the following
356subsection:-
357 (f) No aggregate net metering cap shall apply to a solar net metering facility.
358 SECTION 32. Section 138 of chapter 164, as appearing in the 2020 Official Edition, is
359hereby amended by inserting after the definition of “customer” the following definitions:-
360 "Low-income", includes low-income households as defined under section 1 of chapter
36140T. 18 of 39
362 "Environmental justice", the right to be protected from environmental pollution and to
363live in and enjoy a clean and healthful environment regardless of race, income, class, tribal
364affiliation, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious
365belief, or English language proficiency. Environmental justice shall include the equal protection
366and meaningful involvement of all people with respect to the development, implementation, and
3672 of 5 enforcement of environmental laws, regulations, and policies and the equitable distribution
368of energy and environmental benefits and environmental burdens.
369 "Environmental Justice Population", a neighborhood that meets 1 or more of the
370following criteria: (i) the annual median household income is not more than 65 per cent of the
371statewide annual median household income; (ii) minorities comprise 40 per cent or more of the
372population; (iii) 25 per cent or more of households lack English language proficiency; or (iv)
373minorities comprise 25 per cent or more of the population and the annual median household
374income of the municipality in which the neighborhood is located does not exceed 150 per cent of
375the statewide annual median household income; provided, however, that for a neighborhood that
376does not meet said criteria, but a geographic portion of that neighborhood meets at least 1
377criterion, the secretary may designate that geographic portion as an environmental justice
378population upon the petition of at least 10 residents of the geographic portion of that
379neighborhood meeting any such criteria; provided further, that the secretary may determine that a
380neighborhood, including any geographic portion thereof, shall not be designated an
381environmental justice population upon finding that: (A) the annual median household income of
382that neighborhood is greater than 125 per cent of the statewide median household income; (B)
383majority of persons age 25 and older in that neighborhood have a college education; (C) the
384neighborhood does not bear an unfair burden of environmental pollution; and (D) the 19 of 39
385neighborhood has more than limited access to natural resources, including open spaces and water
386resources, playgrounds and other constructed outdoor recreational facilities and venues.
387 "Environmental Justice Household", includes households within Environmental Justice
388Populations.
389 "Low income solar net metering facility", a solar net metering facility that allocates all of
390its output and net metering credits to (1) the providers or residents of publicly-assisted housing
391under section 1 of chapter 40T or (2) low income and environmental justice households; or (3)
392entities primarily serving such persons. The department of energy resources may establish an
393alternate minimum threshold or thresholds for allocation of output and net metering credits to
394determine project eligibility if the department determines a lower threshold is necessary in order
395to facilitate economic viability of low-income solar net metering facilities or to deliver 24
396meaningful economic benefit to recipients.
397 "Community shared solar net metering facility", a solar net metering facility with three or
398more eligible recipients of credits, provided that (1) no more than 50 per cent of the net metering
399credits produced by the facility are allocated to any one recipient, (2) no more than three
400recipients may receive net metering credits in excess of those produced annually by 25 kW of
401nameplate AC capacity and the combined share of said participants' capacity shall not exceed 50
402per cent of the total capacity of the Generation Unit, unless otherwise allowed by the department
403of energy resources, and (3) the recipients have an interest in the production of the facility or the
404entity that owns the facility, in the form of formal ownership, a lease agreement, or a net
405metering allocation agreement. 20 of 39
406 SECTION 33. Said section 138 of said chapter 164, as so appearing, is hereby further
407amended in the definition of "market net metering credit" by striking out the following words:-
408"that credits shall only be allocated to an account of a municipality or government entity." and
409inserting in place thereof the following words:- "that credits shall only be allocated to an account
410of a municipality or government entity or low-income and environmental justice households."
411 SECTION 34. Section 139 of said chapter 164, as so appearing, is hereby further
412amended by adding the following subsections:-
413 (l) Notwithstanding any provision of special or general law to the contrary, a low income
414solar net metering facility shall receive credits equal to the excess kilowatt-hours by time of use
415billing period, if applicable, multiplied by the sum of the distribution company's: (i) default
416service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii)
417distribution kilowatt-hour charge; (iii) transmission kilowatt-hour charge; and (iv) transition 52
418kilowatt-hour charge; provided, however, that this shall not include the demand side 4 of 5
419management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of
420chapter 25.
421 (m) Notwithstanding any provision of special or general law to the contrary, a community
422shared solar net metering facility that allocates at least 50 per cent of its credits to low income
423and environmental justice households or the providers or residents of publicly-assisted housing
424under section 1 of chapter 40T or (3) entities primarily serving such persons shall receive credits
425equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the
426sum of the distribution company's: (i) default service kilowatt-hour charge in the ISO-NE load
427zone where the customer is located; (ii) distribution kilowatt-hour charge; (iii) transmission 21 of 39
428kilowatt-hour charge; and (iv) transition kilowatt-hour charge; provided, however, that this shall
429not include the demand side management and renewable energy kilowatt-hour charges set forth
430in sections 19 and 20 of chapter 25.
431 SECTION 35. Said section 139 of said chapter 164, as so appearing, is hereby amended
432by striking out in subsection (f) the following words:- "The aggregate net metering capacity of
433facilities that are not net metering facilities of a municipality or other governmental entity shall
434not exceed 7 per cent of the distribution company's peak load. The aggregate net metering
435capacity of net metering facilities of a municipality or other governmental entity shall not exceed
4368 per cent of the distribution company's peak load."
437 SECTION 36. Chapter 25A of the General Laws is hereby amended by inserting after
438section 11I the following section:-
439 Section 11J. For any solar incentive program created by the department of energy
440resources, under general law, session law, or other authority, the program shall designate 50 per
441cent of the incentive to equitably share the economic and environmental benefits of the program
442in communities facing barriers to access. This shall include low-income solar net metering
443facilities, as defined in section 138 of chapter 164, as well as rental housing or residents thereof.
444The department may, at its discretion, dedicate part of the incentive to resolve other barriers to
445equitable access to solar energy if such barriers are identified. The department shall also specify
446in program design its plans to reach communities whose primary language is not English.
447 SECTION 37. Chapter 25A of the General Laws is hereby amended by inserting after
448section 11F1/2 the following section:- 22 of 39
449 Section 11F 3/4. (a) Each municipal lighting plant shall establish a greenhouse gas
450emissions standard, which shall be known as the “Municipal Lighting Plant GGES.”
451 (b) A Municipal Lighting Plant GGES shall set the minimum percentage of renewable
452energy sold by each municipal lighting plant to all retail end-user customers purchasing
453electricity pursuant to rates established pursuant to section 58 of chapter 164 as follows: 100 per
454cent energy sales from renewable sources achieving net-zero greenhouse gas emissions by 2030.
455 (c) For the purpose of this section, “renewable sources” shall mean: energy from facilities
456using the following generation technologies, but only to the extent that any renewable energy
457credits, emission free energy certificates or other evidentiary non-carbon emitting documentation
458associated therewith have not been sold, retired, claimed or otherwise represented by another
459party as part of electrical energy output or sales or used to satisfy obligations in jurisdictions
460other than the commonwealth: (1) solar photovoltaic; (2) solar thermal electric; (3) hydroelectric,
461including imports into the New England wholesale electric market as administered by ISO New
462England Inc.; (4) marine or hydrokinetic energy; (5) geothermal energy; (6) wind energy; and (7)
463any other generation qualifying for renewable portfolio standards pursuant to section 11F.
464 (d) A municipal lighting plant shall file an annual report with the department, using a
465form specified by the department, demonstrating compliance with this section. If a municipal
466lighting plant fails to comply with the requirements of this section, it shall make a one-time
467alternative compliance payment, to be known as the “Municipal Lighting Plant ACP” for the
468year of non-compliance, and on the anniversary of each year that said non-compliance continues
469thereafter, in the amount 0.25 times the Renewable Portfolio Standard ACP set forth in the
470department’s regulations at 225 C.M.R. 14.00 et seq. per kilowatt hour based on the amount of 23 of 39
471such deficiency, escalated annually by the Consumer Price Index. Such Municipal Lighting Plant
472ACP shall be deposited into a fund that shall be maintained and administered by the municipal
473light plant and such fund shall be used by the municipal light plant to fund greenhouse gas
474emissions reduction and related programs in its service territory.
475 SECTION 38. Chapter 90 of the General Laws is hereby amended by inserting after
476section 7CC the following section:-
477 Section 7DD (a) For the purposes of this section the following words shall have the
478following meanings:-
479 ''Consumer'', a buyer, other than for purposes of resale, of a motor vehicle, any person to
480whom such motor vehicle is transferred during the period of any express or statutory warranty
481under this section applicable to such motor vehicle, and any other person entitled by the terms of
482such warranty to enforce its obligations.
483 ''Dealer'', any person engaged in the business of selling, offering for sale, or negotiating
484the retail sale of used motor vehicles or selling motor vehicles as broker or agent for another,
485including the officers, agents and employees of such person and any combination or association
486of dealers, but not including a bank or other financial institution, or the commonwealth, its
487agencies, bureaus, boards, commissions, authorities, nor any of its political subdivisions. A
488person shall be deemed to be engaged in the business of selling used motor vehicles if such
489person has sold more than three used motor vehicles in the preceding twelve months.
490 ''Motor vehicle'' or ''vehicle'', any motor vehicle as defined in section one, sold or
491replaced by a dealer or manufacturer, except that it shall not include auto homes, vehicles built
492primarily for off-road use or any vehicle used primarily for business purposes. 24 of 39
493 ''Used motor vehicle'' or ''used vehicle'', any vehicle driven more than the limited use
494necessary in moving or road testing a new vehicle prior to delivery to a consumer, including a
495demonstrator vehicle, except that it shall not include auto homes, vehicles built primarily for off
496road use, motorcycles, or any vehicle used primarily for business purposes.
497 ''New motor vehicle'' or ''new vehicle'', any vehicle not satisfying the definition of used
498motor vehicle.
499 “Plug-in vehicle”, a battery electric vehicle that draws propulsion energy solely from an
500on-board electrical energy storage device during operation that is charged from an external
501source of electricity or a plug-in hybrid electric vehicle with an on-board electrical energy
502storage device that can be recharged from an external source of electricity which also has the
503capability to run on another fuel.
504 “Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions.
505 (b) Beginning on January 1st 2027, no new motor vehicle shall be sold in the
506commonwealth by a dealer to a consumer unless the vehicle is a plug-in vehicle.
507 (c) Beginning on January 1st 2030, no new motor vehicle shall be sold in the
508commonwealth by a dealer to a consumer unless the vehicle is a zero-emission vehicle.
509 SECTION 39. Section 16 of chapter 25A of the General Laws, is hereby amended by
510inserting after the word “section”, in line 1, the following words:- and section 18.
511 SECTION 40. Subsection (a) of said section 16 of said chapter 25A, as so appearing, is
512hereby amended by adding the following definition:-
513 “Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions. 25 of 39
514 SECTION 41. Said chapter 25A is hereby further amended by inserting after section 17
515the following section:-
516 Section 18. (a) The commissioner shall, subject to appropriation, establish a program to
517provide rebates or other financial incentives to consumers who purchase or lease a zero-emission
518vehicle. Vehicles qualifying for rebates under this section shall: (i) be manufactured primarily for
519use on public streets, roads and highways; (ii) not be modified from the original manufacturer’s
520specification; and (iii) have been acquired for use or lease by the consumer and not for resale.
521 (b) A rebate under this section shall not be less than $1,500 per vehicle; provided,
522 however, that no rebate shall be available for a vehicle with a sales price that exceeds
523$50,000.
524 (c) The commissioner may promulgate regulations to administer the program established
525under this section. At least once per calendar year, the commissioner shall provide outreach to
526underserved consumers and consumers in communities with a high percentage of low-income
527households with information about the zero-emission vehicle incentive program established
528under this section.
529 (d) The commissioner shall publish and regularly update data regarding program usage
530including, but not limited to: (i) the number and amount of rebates or incentives provided each
531 month; (ii) the make, model and type of vehicle for which the rebate or incentive was
532issued; (iii) the zip code in which the vehicle is registered; and (iv) the estimated total
533greenhouse gas emissions reductions achieved from the rebate or incentive issued. 26 of 39
534 SECTION 42. Section 94 of chapter 143 of the General Laws, is hereby amended by
535inserting after subsection (r) the following subsections:-
536 (s) In consultation with the department of energy resources, to adopt and fully integrate
537 into the state building code requirements that new construction of commercial and
538residential buildings, as well as major reconstruction, renovation and repair of such buildings,
539include building electrical service, conduit systems, and level-2 or higher electric vehicle
540chargers sufficient to support the minimum number of zero-emission vehicle parking spaces;
541provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at
542least 1 parking space or not less than 75 per cent of the total number of parking spaces,
543whichever is greater. For the purposes of this section, “zero-emission vehicle” shall mean a
544motor vehicle that produces no engine exhaust emissions.
545 (t) In consultation with the department of energy resources, to adopt and fully integrate
546into the state building code requirements that new construction of parking facilities as well as
547major reconstruction, renovation and repair of such facilities, include building building electrical
548service, and conduit systems, and level-2 or higher electric vehicle chargers sufficient to support
549the minimum number of zero-emission vehicle parking spaces; provided, however, that the
550minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not
551less than 75 per cent of the total number of parking spaces, whichever is greater.
552 SECTION 43. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking
553out, in lines 3 and 4, the words “may include requirements for electric vehicle charging for
554residential and appropriate commercial” and inserting in place thereof the following words:- 27 of 39
555shall include requirements for electric vehicle charging for appropriate residential and
556commercial.
557 SECTION 44. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
558Official Edition, is hereby amended by adding the following definitions:-
559 “Electric vehicles” are vehicles that rely solely on electric motors for propulsion and
560includes non-combustion vehicles.
561 “Zero-emission infrastructure” means electric battery chargers, trolleybus and railway
562catenary wire, and other equipment to support the operation of electric vehicles.
563 SECTION 43. Chapter 21N is hereby amended by inserting after Section 7, the following
564section:-
565 Section 7½. To contribute to the Commonwealth’s greenhouse gas reduction targets, the
566Secretary, in consultation with the department of energy resources, department of transportation,
567department of environmental protection, and department of public utilities, shall set and enforce
568targets for public fleet electrification.
569 (a) The Massachusetts Bay Transportation Authority shall operate a fully electric bus
570fleet by 2030 and meet the following interim targets: (i) 100 percent of all MBTA procurements
571shall be electric vehicles as defined in section 1 of chapter 90 by December 31, 2023; (ii) 40
572percent of all MBTA buses should be electric by 2025; (iii) 60 percent of all MBTA buses
573should be electric by 2027; (iv) 80 percent of all MBTA buses should be electric by 2028; (v) 90
574percent of all MBTA buses should be electric by 2029. The MBTA shall establish and meet 28 of 39
575goals for charging its bus infrastructure with renewable energy generating sources as defined in
576chapter 25A, section 11F.
577 (b) The MBTA shall work with the department of public health and department of
578environmental protection to establish air monitoring stations around bus maintenance facilities
579and to improve air quality around such facilities.
580 (c) The MBTA and its commuter rail contractor shall operate a fully electric commuter
581rail system by 2030.
582 (d) Regional transit authorities (RTAs) shall operate a fully electric bus fleet by 2035 and
583meet the following interim targets: (i) 100 percent of all RTA procurements shall be electric by
584December 31, 2026; (ii) 40 percent of all RTA buses should be electric by 2025; (iii) 60 percent
585of all RTA buses should be electric by 2028; (iv) 80 percent of all RTA buses should be electric
586by 2032; (v) 90 percent of all RTA buses should be electric by 2034.
587 SECTION 46. Chapter 161A is hereby amended by inserting the following paragraphs in
588section 7 after the term “under Section 6C”:
589 (a) The MBTA governing board shall establish deadlines for MBTA bus maintenance
590facilities to support an all electric bus fleet. Construction of new 100 percent electric bus garages
591and modernization of old garages, as needed for electric bus infrastructure, shall be complete at
592least one year prior to full bus fleet electrification in 2030.
593 (b) The MBTA governing board shall direct the MBTA to update and operate existing
594zero-emission vehicle infrastructure and to expand its zero-emission infrastructure. Removal of
595existing zero-emission infrastructure shall be permitted for temporary road, catenary, or public 29 of 39
596utility work. Any replacements for electric vehicles in operation must meet or exceed the
597availability of the current zero-emission fleet, with no auxiliary systems. For all diesel-electric
598hybrid buses, the MBTA shall develop robust monitoring about the locations where such buses
599are operating on diesel power versus electric power and provide this data to the public on a
600timely basis.
601 (c) The MBTA governing board shall direct the MBTA to operate electric buses with a
602priority for operating such buses on routes serving environmental justice populations. The
603MBTA governing board shall direct the MBTA to operate electric buses on bus routes serving
604residents of Chelsea, Everett, Revere, Somerville, Chinatown, Roxbury, Dorchester, Lynn, and
605Mattapan by 2025. The MBTA governing board shall direct MBTA staff to conduct robust
606community outreach and engagement with residents of environmental justice populations,
607municipal officials in cities and towns that have environmental justice populations, and with
608transportation and environmental justice advocates. The MBTA staff shall report to the MBTA
609governing board at least six times per year the progress of electrifying the bus and rail fleet. As
610part of the public reports, MBTA staff shall explain the cost analysis of all procurements of fossil
611fuel infrastructure and the reasons for procuring fossil fuel infrastructure in lieu of zero-emission
612infrastructure.
613 (d) The MBTA governing board shall electrify the commuter rail fleet in two phases.
614Phase I includes electrification of the Providence Line, Fairmount Line, and Newburyport /
615Rockport Line at least through the Beverly Depot Station by December 31, 2024. Phase II
616includes electrification of the Framingham/Worcester Line by December 31, 2026;
617Middleborough/ Lakeville Line by December 31, 2027, and the remaining routes that pass
618through environmental justice populations, but do not offer passenger service by December 31, 30 of 39
6192030: South Coast (Phase 2 via Downtown Taunton), Haverhill, Lowell, Fitchburg, Franklin,
620Plymouth/Kingston, Greenbush, Foxborough, Newburyport/ Rockport beyond Beverly Depot,
621Cape Cod Extension, NH Capitol Corridor.
622 SECTION 47. Section 6 of chapter 161B is hereby amended by adding after paragraph
623(r), the following paragraph:
624 (s) The authorities shall operate electric buses with a priority for operating such buses on
625routes serving environmental justice populations. Authorities shall conduct robust community
626outreach and engagement with residents of environmental justice populations, municipal officials
627in cities and towns that have environmental justice populations, and with transportation and
628environmental justice advocates. The authorities shall report annually to the Regional Transit
629Authority Council pursuant to Section 27 of chapter 161B the progress of electrifying the bus
630fleet. As part of the public reports, authorities shall explain the cost analysis of all procurements
631of fossil fuel infrastructure and the reasons for procuring internal combustion engines and fossil
632fuel infrastructure in lieu of electric vehicles and zero-emission infrastructure.
633 SECTION 48. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
634Official Edition, is hereby amended by adding the following definitions:-
635 “Electric vehicles” are vehicles that rely solely on electric motors for propulsion and
636includes non-combustion vehicles.
637 “Emergency vehicle”, any publicly owned vehicle operated by a peace officer in
638performance of their duties, any authorized emergency vehicle used for fighting fires or
639responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an
640emergency medical technician or paramedic, or used for towing or servicing other vehicles, or 31 of 39
641repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement,
642vector control, or pest abatement agencies and used for those purposes, or any ambulance used
643by a private entity under contract with a public agency.
644 SECTION 49. Section 1 of chapter 21N is hereby amended by inserting the following
645definitions:
646 “Motor vehicles”, as defined in section 1 of chapter 90.
647 “Motor vehicle fleet” is a set of at least twenty-five motor vehicles under the same
648ownership or control and registered in the Commonwealth of Massachusetts.
649 “Motor vehicle fleet serving a public purpose” is a motor vehicle fleet of which a portion
650is leased, rented, or contracted by the Commonwealth of Massachusetts or a municipality or any
651political subdivision thereof from a person or entity other than the Commonwealth of
652Massachusetts or a municipality to provide a public service or for its own use, including school
653buses and paratransit vehicles.
654 “Public motor vehicle fleet” is a motor vehicle fleet owned by the Commonwealth of
655Massachusetts, a transportation authority, a school district, a public university, a quasi-public
656agency, or a municipality or in the shared ownership of multiple municipalities, or any political
657subdivision thereof. A public motor vehicle fleet includes vehicles under the same ownership of
658the Commonwealth or a municipality, even if a portion of the motor vehicle fleet is under the
659management or control of separate secretariats, departments, agencies, or offices.
660 “Electric vehicle”, as defined in section 1 of chapter 90. 32 of 39
661 SECTION 50. Chapter 21N is hereby amended by inserting after section 7 the following
662sections: -
663 Section 7A. The Secretary, in consultation with the department of energy resources,
664department of transportation, department of environmental protection, and department of public
665utilities, shall develop a transition to an electric motor vehicle fleet program and promulgate
666regulations to require the following motor vehicle fleet standards: (a) fifty percent of all public
667motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles
668by 2025; (b) seventy-five percent of all public motor vehicle fleets and motor vehicle fleets
669serving a public purpose shall be electric vehicles by 2027; and (c) one hundred percent of all
670public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric
671vehicles by 2030.
672 In reaching the Commonwealth’s public fleet requirements defined in this section, the
673Secretary shall prioritize for electrification any vehicles cited as medium- or high-priority by the
674study commissioned pursuant to section 6 of chapter 448 of the acts of 2016. To meet the
675deadlines established in this section, the Secretary shall prioritize electric vehicle deployment in
676locations serving environmental justice populations as defined in the general laws or, in the
677absence of a statutory definition, the environmental justice policy of the executive office of
678energy and environmental affairs, as may be amended.
679 Section 7B. Notwithstanding section 9A of chapter 7, vehicles subject to the electric
680vehicle public motor vehicle fleet program include: all public motor vehicle fleets, all motor
681vehicle fleets serving a public purpose, and all motor vehicle fleets that are owned, leased,
682rented, or contracted, by quasi-public agencies, excluding emergency vehicles. The Department 33 of 39
683of Energy Resources, with input from the Department of Environmental Protection, Department
684of Public Utilities, and Department of Transportation, shall: (i) establish goals for private motor
685vehicle fleets conversion; (ii) identify and implement incentives to support electric vehicle
686purchases; (iii) work with owners of motor vehicle fleets used, at least in part, for the purpose of
687commercial ride-sharing and ride-hailing and passenger transportation, including vehicles
688regulated pursuant to chapter 159A½ to transition to electric vehicles; (iv) work with owners of
689motor vehicle fleets used for public transportation licensed to operate in the Commonwealth
690pursuant to chapter 90 or chapter 159A to transition to electric vehicles; and (v) work with
691owners of motor vehicle fleets used as commercial motor carriers, freight services, limousine
692services, and taxis registered to operate in the Commonwealth to transition to electric vehicles.
693 Section 7C. The Secretary, in consultation with the executive office for administration
694and finance, shall require that new motor vehicles purchased by the Commonwealth shall be
695electric vehicles according to the following deadlines:(i) forty percent of all purchases in 2024;
696(ii) sixty percent of all purchases in 2025; (iii) eighty percent of all purchases in 2026; (iv) ninety
697percent of all purchases in 2027; and (v) one hundred percent of all purchases in 2028.
698 Section 7D. The Department of Energy Resources shall design and implement an
699incentive program to encourage the conversion of private fleets to electric vehicles. Should an
700owner of a motor vehicle fleet fail to comply with electric vehicle program requirements, the
701Department of Energy Resources shall remove the incentive for that owner and require
702reimbursement of the incentive. As part of the incentive program, the Department of Energy
703Resources shall ensure a specific pool of funds, not less than ten percent of all funds allocated to
704the incentive program, is available to municipalities to promote the transition to electric vehicle
705motor vehicle fleet. 34 of 39
706 SECTION 51. Beginning in 2024 and every five years thereafter through 2040, the
707Secretary shall submit a report to the Legislature that measures the Commonwealth’s progress
708towards implementation of the electric vehicle motor vehicle fleet program. The report shall: (i)
709assess the electric vehicle market in the Commonwealth; (ii) identify funding sources to serve as
710incentives for purchasing electric vehicles to offset costs to agencies, municipalities, and
711businesses; (iii) identify barriers to increased penetration of electric vehicles; and (iv)
712recommend legislative and regulatory action to address those barriers.
713 SECTION 52. The Secretary may provide education, training, and technical assistance to
714motor vehicle fleet operators to support electric vehicle penetration.
715 SECTION 53. The regulations required pursuant to sections 7A through 7D of said
716chapter 21N shall be promulgated and in effect not later than 270 days following the effective
717date.
718 SECTION 54. Section 6 of chapter 25A of the General Laws, is hereby amended by
719inserting after clause (11) the following clause:-
720 (12) develop and adopt, as an appendix to the state building code, in consultation with the
721board of building regulations and standards, a specialized net-zero energy code that includes, but
722is not limited to, a definition of net-zero building.
723 SECTION 55. Section 96 of said chapter 143, as so appearing, is hereby amended by
724inserting, in line 7, after the word “to” the following words:- , the specialized net-zero energy
725code developed and adopted by the department of energy resources. 35 of 39
726 SECTION 56. Section 97 of said chapter 143, as so appearing, is hereby amended by
727striking out, in line 22, the words “a reasonable time” and inserting in place thereof the following
728words:- 45 days.
729 SECTION 57. To develop the specialized net-zero energy code required by section 6 of
730chapter 25A of the General Laws, the department of energy resources shall hold not less than 5
731public hearings in geographically diverse locations throughout the commonwealth that shall
732represent the distinguishing characteristics of rural, suburban and urban households, 3 of which
733shall be held in an underserved community or community with a high percentage of low-income
734households. The specialized net-zero energy code required by said section 6 of said chapter 25A
735shall be developed, adopted and incorporated as an appendix to the state building code not later
736than 1 year after the passage of this act.
737
738 SECTION 58. Section 94 of chapter 143 of the General Laws, is hereby amended by
739striking out subsection (o) and inserting in place thereof the following subsection:
740 (o) To adopt and fully integrate as part of the state building code: (i) the latest
741International Energy Conservation Code, (ii) the net-zero energy code required by section 6 of
742chapter 25A of the General Laws for new residential construction beginning on January 1st
7432025, (iii) the net-zero energy code required by said section 6 of said chapter 25A for new
744commercial construction beginning on January 1st 2028, and (iv) any more stringent energy-
745efficiency provisions that the board, in consultation with the department of energy resources,
746concludes are necessary to achieve the emissions limits established by subsection (b) of section 3
747of chapter 21N of the General Laws as amended, and the renewable energy requirements 36 of 39
748established by subsection (a) of section 3 of chapter 25D of the General Laws as amended. The
749energy provisions of the state building code shall be updated within 1 year of any revision to the
750International Energy Conservation Code.
751 SECTION 59. Section 94 of chapter 143 of the General Laws, is hereby amended by
752striking out subsection (q) and inserting in place thereof the following subsection:
753 (q) In consultation with the department of energy resources, to develop requirements and
754promulgate regulations as part of the state building code, in addition to the requirements
755enumerated in subsection (o) of Section 94 of chapter 143 of the General Laws, requiring a
756process to ensure that all new non-residential buildings larger than 10,000 square feet and any
757major reconstruction, alteration or repair of all such buildings perform as designed with respect
758to energy consumption by undergoing building commissioning or acceptance testing. Such
759commissioning must be completed before the issuance of a certificate of occupancy.
760 SECTION 60. Amendments to the state building and electric code required under section
761A4 and A8 shall be in effect not later than 18 months after the effective date of this act.
762 SECTION 61. Chapter 121B of the General Laws is hereby amended by inserting after
763section 38D the following section:-
764 Section 38D ½. (a) The department shall develop a program to transition the entire public
765housing stock of the Commonwealth into highly energy-efficient homes that produce on-site, or
766procure, enough carbon-free renewable energy to meet total energy consumption annually. 37 of 39
767 (b) Projects pursuant to this section may include a mix of extremely low income
768households, low or moderate income households and market-rate housing and may utilize any
769available source of rental subsidy or financial assistance.
770 (c) The local housing authority shall: (i) comply with section 12, related to wages, labor
771requirements and the Social Security Act; (ii) comply with section 29, related to wage rates and
772collective bargaining; (iii) retain the same number of public housing units as existed before
773participation in this program and to the greatest extent possible: (A) provide for full tenant
774participation, including public hearings, on adoption or material amendment of its annual plan as
775required under subsection (h); (B) provide for a tenant lease and grievance procedure
776substantially similar to that in effect prior to entry into this program; (C) provide that evictions
777shall be only for good cause; (D) assure that housing assisted under this program is decent, safe
778and sanitary and that, excepting any market-rate housing, the housing is deed restricted to
779occupancy by extremely low income households, very low income households or low and
780moderate income households at affordable rents or sales prices, in perpetuity or for such other
781term as may be approved by the department, consistent with funding sources; and (E) assure that
782proceeds from the disposition of public housing and funds generated from new affordable and
783market-rate housing created to replace public housing, unless restricted to a particular use, shall
784be allocated to the reconstruction, rehabilitation or repair of public housing developments; (iv)
785assure that if a participating housing authority redevelops its public housing units, all households
786residing in the units at the time of planned redevelopment shall receive relocation assistance, if
787eligible, under this chapter or other applicable statutes; provided however, that such households
788shall have the right to return to the redeveloped public housing, unless such household is
789determined to be in unlawful occupancy prior to the approval of the housing authority's 38 of 39
790application, has materially breached the lease agreement or has been evicted for cause, under
791applicable law, subject to units of the appropriate size and requirements being available;
792provided further, that such households shall have priority for placement over new applicants; (v)
793comply with chapter 334 of the acts of 2006; and (vi) comply with the audit requirements of
794section 29.
795 (d) The department shall maximize tenant participation and management by low- and
796very low-income individuals in the rehabilitation, upgrade, and transition of public housing
797through education, training, and jobs, all of which are to be funded by the Workforce Training
798Fund established in section 2RR of chapter 29.
799 SECTION 62. Chapter 21N of the General Laws is hereby amended by inserting after
800section 11 the following section:-
801 Section 12. To achieve the mobilization required to reach 100% renewable electricity and
802energy by 2030, a just transition for workers is necessary. The attorney general must ensure that
803the following criteria are met amidst this energy transition:
804 (a) Any job created in the transition to 100% renewables must be a high-quality union job
805with guaranteed wage and benefit parity for workers affected by the transition.
806 (b) Workers affected by the energy transition, including but not limited to fossil fuel
807workers, mechanics, laborers, are to be prioritized for training and advancement opportunities
808that allow for them to shift to renewable energy jobs. 39 of 39
809 (c) After the training referenced in subsection b has been completed, workers affected by
810the transition are guaranteed a job created in the mobilization to 100% renewables, and will be
811prioritized over other applicants.
812 (d) The commonwealth, through the powers of the attorney general, will fund and
813provide pensions for workers impacted by the transition age 50 or older who elect to retire early
814in lieu of participation in the training programs described in subsection (b).
815 (e) The commonwealth, through the department of labor services, will fund training and
816advancement opportunities, pensions, and the wage and benefit parity for each worker affected
817by the transition.