Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3231 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3697 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3231
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Erika Uyterhoeven
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act investing in a prosperous, clean Commonwealth by 2030.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 3697 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3231
18	18	By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No.
19	19	3231) of Erika Uyterhoeven, David Henry Argosky LeBoeuf and James B. Eldridge relative to
20	20	transitioning to 100 percent renewable electricity and net zero carbon emissions across all sectors
21	21	of the Commonwealth by the year 2030. Telecommunications, Utilities and Energy.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 3372 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act investing in a prosperous, clean Commonwealth by 2030.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. The commonwealth should lead the nation by transitioning to 100%
33	33	2renewable electricity and net zero carbon emissions across all sectors by 2030. Climate scientists
34	34	3estimate that we must halve global emissions by 2030 to stop catastrophic climate change;
35	35	4therefore, an equitable and sustainable future necessitates that the commonwealth aggressively
36	36	5transition energy use entirely away from fossil fuels to renewable energy generation. However,
37	37	6climate change is intertwined with social inequities that will not be solved by simply
38	38	7transitioning to renewable energy. To fully address the scope of the climate crisis, all of the
39	39	8interdependencies of the crisis must be acknowledged and addressed, such that: (1) the laws and
40	40	9energy policies of the commonwealth are aligned with the scientific consensus around the
41	41	10climate crisis; (2) all have access to clean air, water, and land; (3) we center justice and equity 2 of 39
42	42	11for environmental justice communities, frontline and fenceline communities - particularly poor,
43	43	12Black and brown, and indigenous communities - and other populations that have been
44	44	13disproportionately affected by the climate crisis; (4) the commonwealth increases energy security
45	45	14and democratization by eliminating the use of fossil fuels and maximizing renewable energy
46	46	15production in our region; and (5) there is a just transition for workers amidst this energy
47	47	16transition by creating green, local, unionized jobs with wage and benefit parity and by
48	48	17prioritizing workers affected by the transition for green job training programs.
49	49	18 SECTION 2. Section 1 of Chapter 21N of the General Laws, is hereby amended by
50	50	19striking out the definition of “direct emissions” and inserting in place thereof the following
51	51	20definition:-
52	52	21 "Direct emissions'', emissions from sources that are owned or operated, in whole or in
53	53	22part, by any person, entity or facility in the commonwealth including, but not limited to,
54	54	23emissions from any transportation vehicle; building; structure; fugitive source; reduction in
55	55	24carbon carrying capacity associated with land use; resource extraction or development;
56	56	25distribution system; or residential, commercial, institutional, industrial, waste management,
57	57	26agricultural, or manufacturing process.
58	58	27 SECTION 3. Said section 1 of said chapter 21N, as so appearing, is hereby further
59	59	28amended by inserting the following 4 definitions:-
60	60	29 “Negative emissions”, removal of greenhouse gases from the atmosphere measured in
61	61	30tons of carbon dioxide equivalent, reported in the greenhouse gas registry in accordance with
62	62	31subsection a of section 2 of chapter 21N. 3 of 39
63	63	32 “Net statewide greenhouse gas emissions”, statewide greenhouse gas emissions minus
64	64	33negative emissions.
65	65	34 “Land carbon carrying capacity”, the capacity of land to sequester greenhouse gases
66	66	35measured in tons of carbon dioxide equivalent, including that embodied in organic matter
67	67	36contained in forests, wetlands or soils.
68	68	37 “Changes in land use resulting in a reduction in carbon carrying capacity”, any process
69	69	38which causes a reduction in land carbon carrying capacity including development, deforestation,
70	70	39draining, landfill, or resource extraction.
71	71	40 SECTION 4: Section 2 of said chapter 21N, as so appearing, is hereby amended by
72	72	41striking out subsection (a) and inserting in place thereof the following subsection:-
73	73	42 (a) The department shall monitor and regulate emissions of greenhouse gases with the
74	74	43goal of reducing those emissions. The department shall adopt regulations to require the reporting
75	75	44and verification of statewide greenhouse gas emissions and to monitor and enforce compliance
76	76	45with this chapter. The regulations shall: (1) establish a greenhouse gas registry and reporting
77	77	46system for greenhouse gas emission sources; provided, however, that in establishing the
78	78	47greenhouse gas registry and reporting system, the department may collaborate with other states
79	79	48or a regional consortium; (2) annually require the owner or operator of any facility that is
80	80	49required to report air emissions data to the department pursuant to Title V of the federal Clean
81	81	50Air Act and that has stationary emissions sources that emit greenhouse gases to report annually
82	82	51to the regional registry direct stack emissions of greenhouse gases from such sources; (3) require
83	83	52the owner or operator of a facility that has stationary emissions sources that emit greenhouse
84	84	53gases in excess of 5,000 tons of greenhouse gases per year in carbon dioxide equivalents to 4 of 39
85	85	54report annually to the registry direct emissions of greenhouse gases from such sources; provided,
86	86	55however, that the department shall develop a simplified estimation form to assist facilities in
87	87	56determining who shall report emissions and shall consider, on an annual basis, requiring the
88	88	57expansion of reporting to the greenhouse gas registry; (4) require the owner or developer of a
89	89	58property that has undergone a reduction in carbon carrying capacity in excess of 5,000 tons of
90	90	59carbon dioxide equivalent in a given year to report to the registry direct emissions of greenhouse
91	91	60gases from such sources; (5) provide for the voluntary reporting of emissions and negative
92	92	61emissions of greenhouse gases to the greenhouse gas registry by entities and facilities that are not
93	93	62required to submit information pursuant to clauses (2) and (3); provided, however, that the
94	94	63greenhouse gas emissions reported shall be of a type and format that the greenhouse gas registry
95	95	64can accommodate; (6) require reporting of greenhouse gas emissions from generation sources
96	96	65producing all electricity consumed, including transmission and distribution line losses from
97	97	66electricity generated within the commonwealth or imported from outside the commonwealth;
98	98	67provided, however, that this requirement shall apply to all retail sellers of electricity, including
99	99	68electric utilities, municipal electric departments and municipal light boards as defined in section
100	100	691 of chapter 164A; (7) require reporting of fugitive greenhouse gas emissions from distribution
101	101	70of natural gas consumed for all residential, commercial and industrial purposes; provided,
102	102	71however, that this requirement shall apply to all owners of infrastructure used for distribution of
103	103	72natural gas including gas companies as defined in section 1 of chapter 164 of the General Laws;
104	104	73(8) ensure rigorous and consistent accounting of emissions and provide reporting tools and
105	105	74formats to ensure collection of necessary data; and (9) ensure that greenhouse gas emissions
106	106	75sources maintain comprehensive records of all reported greenhouse gas emissions. 5 of 39
107	107	76 SECTION 5: Section 3 of said chapter 21N, as so appearing, is hereby amended by
108	108	77striking out subsection (b) and inserting in place thereof the following subsection:-
109	109	78 (b) The secretary shall, in consultation with the department and the department of energy
110	110	79resources, adopt the following statewide greenhouse gas emissions limits: (i) an interim 2025
111	111	80statewide greenhouse gas emissions limit; (ii) an interim 2025 net statewide greenhouse gas
112	112	81emissions limit; (iii) an interim 2030 statewide greenhouse gas emissions limit; (iv) an interim
113	113	822030 net statewide greenhouse gas emissions limit; (v) an interim 2035 statewide greenhouse gas
114	114	83emissions limit; (vi) an interim 2035 net statewide greenhouse gas emissions limit; (vii) an
115	115	84interim 2040 statewide greenhouse gas emissions limit; (viii) an interim 2040 net statewide
116	116	85greenhouse gas emissions limit; (ix) an interim 2045 statewide greenhouse gas emissions limit;
117	117	86(x) an interim 2045 net statewide greenhouse gas emissions limit; (xi) a 2050 statewide
118	118	87greenhouse gas emissions limit; (xii) a 2050 net statewide greenhouse gas emissions limit that
119	119	88achieves at least a net emissions reduction of 110 per cent below the 1990 level provided,
120	120	89however, that in no event shall the level of net statewide greenhouse gas emissions after 2030 be
121	121	90higher than zero and provided that in no event shall the level of statewide greenhouse gas
122	122	91emissions after 2040 be higher than zero. Each limit shall be accompanied by publication of a
123	123	92comprehensive, clear and specific roadmap plan to realize said limit.
124	124	93 SECTION 6: Subsection (a) of section 4 of said chapter 21N, as so appearing, is hereby
125	125	94amended by inserting after the first sentence the following sentence:- The secretary shall further
126	126	95adopt the 2040 net statewide greenhouse gas emissions limit pursuant to clause (8) of subsection
127	127	96(b) of section 3, which shall be not less than 105 per cent below the 1990 emissions level and
128	128	97shall plan to achieve that reduction pursuant to subsection (h) of section 4. 6 of 39
129	129	98 SECTION 7: Said section 4 of said chapter 21N, as so appearing, is hereby amended by
130	130	99inserting after subsection (h) the following subsection:-
131	131	100 (i) The secretary shall produce a comprehensive set of criteria defining negative
132	132	101emissions. Said criteria will be explicitly designed to (1) ensure that negative emissions represent
133	133	102removal of atmospheric greenhouse gases during the year in which they are recorded, (2) avoid
134	134	103double counting negative emissions in any way, (3) promote the growth of carbon negative
135	135	104practices in the commonwealth. The criteria shall be updated by the secretary every year.
136	136	105 SECTION 8. Section 6 of chapter 21A of the General Laws, is hereby amended by
137	137	106adding the following sentences:- Subject to appropriation, the secretary shall appoint an expert
138	138	107aide with the duties of developing policies, plans or programs to: (1) monitor and regulate
139	139	108emissions of greenhouse gases; (2) adopt the statewide greenhouse gas emissions limits; and (3)
140	140	109produce a comprehensive set of criteria defining negative emissions. Subject to appropriation,
141	141	110the secretary shall appoint an expert aide with the duties of developing policies, plans or
142	142	111programs to assist municipalities reach the zero emissions targets.
143	143	112 SECTION 9. Notwithstanding any general or special law to the contrary, the secretary of
144	144	113the executive office of energy and environmental affairs shall hire the expert aides set forth in
145	145	114section 8 of this act within 60 days of the start of fiscal year 2024, subject to appropriation.
146	146	115 SECTION 10. Section 16 of chapter 298 of the acts of 2008 is hereby amended by
147	147	116striking out, in lines 3 and 4, the words “, and shall expire on December 31, 2020”.
148	148	117 SECTION 11. Section 11F 1/2 of chapter 25A of the General Laws, is hereby amended
149	149	118by striking out, in subsection (a), the words “(4) an additional 2 per cent of sales each year
150	150	119thereafter until December 31, 2029; and (5) an additional 1 per cent of sales every year 7 of 39
151	151	120thereafter” and inserting in place thereof the following words:- (4) 33 per cent of total sales by
152	152	121December 31, 2022; (5) 40 per cent of total sales by December 31, 2023; (6) 48 per cent of total
153	153	122sales by December 31, 2024; (7) 55 per cent of total sales by December 31, 2025; (8) 65 per cent
154	154	123of total sales by December 31, 2026; (9) 75 per cent of total sales by December 31, 2027; (10) 87
155	155	124per cent of total sales by December 31, 2028; and (11) 100 per cent of total sales by December
156	156	12531, 2029.”
157	157	126 SECTION 12. Section 11F of chapter 25A of the General Laws, is hereby amended by
158	158	127striking out subsection (b) and inserting in place thereof the following subsection:-
159	159	128 (b) For the purposes of this subsection, a renewable energy generating source is one
160	160	129which generates electricity using any of the following: (1) solar photovoltaic or solar thermal
161	161	130electric energy; (2) wind energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing
162	162	131renewable fuels; (5) landfill gas; (6) naturally flowing water and hydroelectric; or (7) geothermal
163	163	132energy. The following technologies and fuels shall not be considered renewable energy sources:
164	164	133(A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris
165	165	134including, but not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power
166	166	135and (H) hydropower facilities that have nameplate capacity of more than 30MW. A renewable
167	167	136energy generating source may be located behind the customer meter within the ISO–NE, as
168	168	137defined in section 1 of chapter 164, control area if the output is verified by an independent
169	169	138verification system participating in the New England Power Pool Generation Information
170	170	139System, in this section called NEPOOL GIS, accounting system and approved by the department.
171	171	140 SECTION 13. Said section 11F, as so appearing, is hereby amended by striking out
172	172	141subsection (c) and inserting in place thereof the following subsection:- 8 of 39
173	173	142 (c) New renewable energy generating sources meeting the requirements of this subsection
174	174	143shall be known as Class I renewable energy generating sources. For the purposes of this
175	175	144subsection, a Class I renewable energy generating source is one that began commercial operation
176	176	145after December 31, 1997, or represents the net increase from incremental new generating
177	177	146capacity after December 31, 1997 at an existing facility, where the facility generates electricity
178	178	147using any of the following: (1) solar photovoltaic or solar thermal electric energy; (2) wind
179	179	148energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5)
180	180	149landfill gas; (6) energy generated by new hydroelectric facilities, or incremental new energy
181	181	150from increased capacity or efficiency improvements at existing hydroelectric facilities; provided,
182	182	151however, that (i) each such new facility or increased capacity or efficiency at each such existing
183	183	152facility must meet appropriate and site-specific standards that address adequate and healthy river
184	184	153flows, water quality standards, fish passage and protection measures and mitigation and
185	185	154enhancement opportunities in the impacted watershed as determined by the department in
186	186	155consultation with relevant state and federal agencies having oversight and jurisdiction over
187	187	156hydropower facilities; (ii) only energy from new facilities having a capacity up to 30 megawatts
188	188	157or attributable to improvements that incrementally increase capacity or efficiency by up to 30
189	189	158megawatts at an existing hydroelectric facility shall qualify; and (iii) no such facility shall
190	190	159involve pumped storage of water or construction of any new dam or water diversion structure
191	191	160constructed later than January 1, 1998; (7) marine or hydrokinetic energy as defined in section 3;
192	192	161or (8) geothermal energy. The following technologies and fuels shall not be considered
193	193	162renewable energy sources: (A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E)
194	194	163construction and demolition debris including, but not limited to, chemically-treated wood; (F)
195	195	164nuclear power; (G) biomass power and (H) hydropower facilities that have nameplate capacity of 9 of 39
196	196	165more than 30MWA. Class I renewable generating sources may be located behind the customer
197	197	166meter within the ISO –NE control area if the output is verified by an independent verification
198	198	167system participating in the NEPOOL GIS accounting system and approved by the department.
199	199	168 SECTION 14. Said section 11F, as so appearing, is hereby amended by striking out
200	200	169subsection (d) and inserting in place thereof the following subsection:-
201	201	170 (d) Every retail electric supplier providing service under contracts executed or extended
202	202	171on or after January 1, 2009, shall provide a minimum percentage of kilowatt-hour sales to end-
203	203	172use customers in the commonwealth from Class II renewable energy generating sources. For the
204	204	173purposes of this section, a Class II renewable energy generating source is one that began
205	205	174commercial operation before December 31, 1997 and generates electricity using any of the
206	206	175following: (1) solar photovoltaic or solar thermal electric energy; (2) wind energy; (3) ocean
207	207	176thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5) landfill gas; (6) energy
208	208	177generated by existing hydroelectric facilities, provided that such existing facility shall meet
209	209	178appropriate and site-specific standards that address adequate and healthy river flows, water
210	210	179quality standards, fish passage and protection measures and mitigation and enhancement
211	211	180opportunities in the impacted watershed as determined by the department in consultation with
212	212	181relevant state and federal agencies having oversight and jurisdiction over hydropower facilities;
213	213	182and provided further, that only energy from existing facilities up to 7.5 megawatts shall be
214	214	183considered renewable energy and no such facility shall involve pumped storage of water nor
215	215	184construction of any new dam or water diversion structure constructed later than January 1, 1998;
216	216	185(7) marine or hydrokinetic energy as defined in section 3; or (8) geothermal energy. The
217	217	186following technologies and fuels shall not be considered renewable energy sources: (A) coal; (B)
218	218	187petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but 10 of 39
219	219	188not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power and (H)
220	220	189hydropower facilities that have nameplate capacity of more than 30MW. A Class II renewable
221	221	190generating source may be located behind the customer meter within the ISO–NE control area
222	222	191provided that the output is verified by an independent verification system participating in the
223	223	192NEPOOL GIS accounting system and approved by the department.
224	224	193 SECTION 15. Section 11F 1/2 of chapter 25A of the General Laws, is hereby amended
225	225	194by striking out subsection (a) and inserting in place thereof the following subsection:-
226	226	195 (a) The department shall establish an alternative energy portfolio standard for all retail
227	227	196electricity suppliers selling electricity to end-use customers in the commonwealth. Every retail
228	228	197electric supplier providing service under contracts executed or extended on or after January 1,
229	229	1982009 shall provide a minimum percentage of kilowatt-hour sales, as determined by the
230	230	199department, to end-use customers in the commonwealth from alternative energy generating
231	231	200sources and the department shall annually thereafter determine the minimum percentage of
232	232	201kilowatt-hour sales to end-use customers in the commonwealth which shall be derived from
233	233	202alternative energy generating sources. For the purposes of this section, ''alternative energy
234	234	203generating source'' shall mean a source which generates energy using any of the following: (i)
235	235	204flywheel energy storage; (ii) energy efficient steam technology; or (iii) fuel cells. The following
236	236	205technologies and fuels shall not be considered alternative energy supplies: (A) coal; (B)
237	237	206petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but
238	238	207not limited to, chemically-treated wood and (F) nuclear power.
239	239	208 SECTION 16. Said section 11F 1/2, as so appearing, is hereby amended by striking out in
240	240	209subsection (b) the following text:- 11 of 39
241	241	210 (b) The department, in consultation with the department of environmental protection,
242	242	211shall set: (i) emission performance standards that are protective of public health, including
243	243	212standards for eligible biomass, biogas and liquid biofuel technologies that limit eligibility only to
244	244	213best-in-class commercially-feasible technologies, inclusive of energy conversion and emissions
245	245	214controls, with regard to reducing emissions of particulate matter sized 2.5 microns or less and
246	246	215carbon monoxide and other air pollutants; (ii) for eligible biomass, biogas and liquid biofuel
247	247	216technologies, a requirement of 50 per cent reduction in life-cycle greenhouse gas emissions
248	248	217compared to a high efficiency unit utilizing the fuel that is being displaced or, for a new load, a
249	249	218high-efficiency natural gas unit, if natural gas is available at reasonable cost to the site or
250	250	219otherwise the fuel that is most likely to be utilized; (iii) for eligible biomass, biogas and liquid
251	251	220biofuel technologies, requirements for thermal storage or other means to minimize any
252	252	221significant deterioration of efficiency or emissions due to boiler cycling, if feasible; (iv) for
253	253	222eligible biomass, biogas and liquid biofuel technologies, fuel conversion efficiency performance
254	254	223standards achievable by best-in-class commercially-feasible technologies; and (v) in consultation
255	255	224with the department of conservation and recreation, for forest-derived biomass, requirements that
256	256	225fuel shall be provided by means of sustainable forestry practices; provided, however, that the
257	257	226department shall adopt any existing or new biomass fuel sustainability standards if deemed
258	258	227appropriate by the department after a public comment process.
259	259	228 SECTION 17. Said section 11F 1/2, as so appearing, is hereby amended by striking out
260	260	229subsections (c) and (d) and inserting in place thereof the following subsections:-
261	261	230 (b) The department shall adopt regulations allowing for a retail supplier to discharge its
262	262	231obligations under this section by making an alternative compliance payment in an amount
263	263	232established by the department. Such regulations shall outline procedures by which each retail 12 of 39
264	264	233supplier shall annually submit for the department's review a filing illustrating the retail supplier's
265	265	234compliance with the requirements of this section.
266	266	235 (c) A municipal lighting plant shall be exempt from the obligations under this section so
267	267	236long as and insofar as it is exempt from the requirements to allow competitive choice of
268	268	237generation supply under section 47A of chapter 164.
269	269	238 SECTION 18. Said section 11F 1/2, as so appearing, is hereby amended by striking out
270	270	239subsection (e) and inserting in place thereof the following subsection:-
271	271	240 (d) The department may provide that for fuel cells and certain nonemitting renewable
272	272	241thermal technologies, an alternative energy credit shall be earned for less than 3,412,000 British
273	273	242thermal units of net useful thermal energy so as to stimulate the development of new on-site
274	274	243energy generating sources.
275	275	244 SECTION 19. Notwithstanding any general or special law to the contrary, the department
276	276	245of energy resources shall require distribution companies, as defined in section 1 of chapter 164 of
277	277	246the General Laws, to jointly and competitively conduct additional offshore wind generation
278	278	247solicitations and procurements of up to approximately 6,000 megawatts of aggregate nameplate
279	279	248capacity, in addition to the solicitations and procurements required by section 83C of chapter 169
280	280	249of the acts of 2008, as amended by chapter 188 of the acts of 2016, and may require said
281	281	250additional solicitations and procurements by December 31, 2029.
282	282	251 SECTION 20. Subsection (b) of section 83C of chapter 169 of the acts of 2008, inserted
283	283	252by chapter 188 of the acts of 2016 and amended by section 21 of chapter 27 of the acts of 2018
284	284	253shall be hereby amended by striking out the following words:- “; provided, however, that the
285	285	254department of public utilities shall not approve a long-term contract that results from a 13 of 39
286	286	255subsequent solicitation and procurement period if the levelized price per megawatt hour, plus
287	287	256associated transmission costs, is greater than or equal to the levelized price per megawatt hour
288	288	257plus transmission costs that result from the previous procurement.”
289	289	258 SECTION 21. Said subsection (b) in section 83C is hereby further amended by striking
290	290	259out the following words:- “(3) provide for an annual remuneration for the contracting distribution
291	291	260company up to 2.75 cent of the annual payments under the contract to compensate the company
292	292	261for accepting the financial obligation of the long-term contract, such provision to be acted upon
293	293	262by the department of public utilities at the time of contract approval;”
294	294	263 SECTION 22. In responding to any solicitations issued by distribution companies for the
295	295	264procurement of offshore wind generation, proposals for long-term contracts shall include an
296	296	265environmental and fisheries mitigation plan for the construction and operation of such offshore
297	297	266wind facilities, provided such plan shall include, but not be limited to, an explicit description of
298	298	267the best management practices and any on- or off-site mitigation the bidder will employ,
299	299	268informed by the latest science at the time the proposal is made, that will avoid, minimize and
300	300	269mitigate any impacts to: wildlife, including but not limited to threatened or endangered species
301	301	270such as North Atlantic right whales; coastal and marine habitats; natural resources; ecosystems;
302	302	271and traditional or existing water-dependent uses, including, but not limited to, commercial and
303	303	272recreational fishing. The plan should also include pre- and post-construction monitoring to
304	304	273understand the effects of facilities on marine and avian species.
305	305	274 The department of energy resources shall establish an environmental working group and
306	306	275a fisheries working group comprised of key experts and stakeholders to provide input on best
307	307	276practices for avoiding, minimizing and mitigating any impacts to: wildlife, including but not 14 of 39
308	308	277limited to threatened or endangered species such as North Atlantic right whales; coastal and
309	309	278marine habitats; natural resources; ecosystems; and traditional or existing water-dependent uses,
310	310	279including, but not limited to, commercial and recreational fishing, during the construction and
311	311	280operation of facilities eligible pursuant to this section. The working groups shall conduct ongoing
312	312	281review of implemented monitoring and mitigation programs and provide feedback and
313	313	282recommendations on an as-needed basis, to be considered by the department. Pre-construction
314	314	283engagement of these working groups will correspond with project development, solicitation, and
315	315	284permitting, and the federal consistency process.
316	316	285 Proposals must include a commitment to, if selected and approved, provide financial and
317	317	286technical assistance to support robust monitoring of wildlife and habitat through a minimum
318	318	287$10,000 per megawatt contribution to regional research on the impacts of offshore wind on
319	319	288wildlife and habitat to inform strategies to avoid and mitigate any impacts to the marine
320	320	289environment. The department of energy resources, in consultation with the environmental and
321	321	290fisheries working groups, shall determine how the funds will be used to advance the responsible
322	322	291development of the offshore wind energy industry, not necessarily the proposed project.
323	323	292 SECTION 23. Notwithstanding any general or special law to the contrary, the department
324	324	293of energy resources shall require offshore wind bids to allocate at least 1% of the cost of the
325	325	294project to a general fund in support of Massachusetts-based offshore wind power research and
326	326	295workforce development provided further, that this fund shall be administered by the
327	327	296Massachusetts Clean Energy Center, provided further, that a portion of this fund shall be used to
328	328	297cover reasonable administrative costs of MassCEC. 15 of 39
329	329	298 SECTION 24. Notwithstanding any general or special law to the contrary, the department
330	330	299of energy resources shall require retail suppliers, as defined in section 1 of chapter 164 of the
331	331	300General Laws, to jointly and competitively conduct additional solar photovoltaic electric energy
332	332	301generation solicitations and procurements of up to approximately 6,000 megawatts of aggregate
333	333	302nameplate capacity, in addition to the solicitations and procurements required by section 4 of
334	334	303chapter 75 of the acts of 2016, and may require said additional solicitations and procurements by
335	335	304December 31, 2029.
336	336	305 SECTION 25. In responding to any solicitations from retail suppliers for the procurement
337	337	306of solar generation, proposals for long-term contracts shall include an environmental mitigation
338	338	307plan for the construction and operation of such solar facilities, provided such plan shall include,
339	339	308but not be limited to, an explicit description of the best management practices and any on- or off-
340	340	309site mitigation the bidder will employ, informed by the latest science at the time the proposal is
341	341	310made, that will avoid, minimize and mitigate any impacts to: wildlife, including but not limited
342	342	311to threatened or endangered species; wetlands, including but not limited to impacts on water
343	343	312quality and vegetation diversity; forests, including impacts from deforestation and removal of
344	344	313trees; natural resources; and ecosystems. The plan should also include pre- and post-construction
345	345	314monitoring to understand the effects of facilities on wetlands, forests, and land on which solar
346	346	315facilities are installed.
347	347	316 The department of energy resources shall establish an environmental working group
348	348	317comprised of key experts and stakeholders to provide input on best practices for avoiding,
349	349	318minimizing and mitigating any impacts to: wildlife, including but not limited to threatened or
350	350	319endangered species; wetlands, including but not limited to impacts on water quality and
351	351	320vegetation diversity; forests, including impacts from deforestation and removal of trees; natural 16 of 39
352	352	321resources; and ecosystems. The working groups shall conduct ongoing review of implemented
353	353	322monitoring and mitigation programs and provide feedback and recommendations on an as-
354	354	323needed basis, to be considered by the department. Pre-construction engagement of these working
355	355	324groups will correspond with project development, solicitation, and permitting, and the federal
356	356	325consistency process.
357	357	326 Proposals must include a commitment to, if selected and approved, provide financial and
358	358	327technical assistance to support robust monitoring of wildlife, ecosystems and habitat through a
359	359	328minimum $10,000 per megawatt contribution to regional research on the impacts of solar on
360	360	329wildlife and habitat to inform strategies to avoid and mitigate any impacts to the environment.
361	361	330The department of energy resources, in consultation with the environmental working groups,
362	362	331shall determine how the funds will be used to advance the responsible development of the solar
363	363	332energy industry, not necessarily the proposed project.
364	364	333 SECTION 26. Section 139 of chapter 164 of the General Laws, is hereby amended by
365	365	334inserting after the word “entity”, in line 96, the following words:- “or publicly-assisted housing
366	366	335or its residents.”
367	367	336 SECTION 27. Said section 138 of said chapter 164, as so appearing, is hereby further
368	368	337amended by striking out the words:- “or (2) of which the municipality or other governmental
369	369	338entity is assigned 100 per cent of the output.” and inserting in place thereof the following words:-
370	370	339"or (2) of which the municipality, other governmental entity, low income or environmental
371	371	340justice households or publicly-assisted housing or its residents are assigned 100 per cent of the
372	372	341output or net metering credits.” 17 of 39
373	373	342 SECTION 28. Said section 138 of said chapter 164, as so appearing, is hereby further
374	374	343amended by inserting after the definition of “Net metering facility of a municipality or other
375	375	344governmental entity” the following definition:-
376	376	345 “Publicly-assisted housing”, as defined in section 1 of chapter 40T.
377	377	346 SECTION 29. Section 139 of chapter 164 of the General Laws, is hereby amended by
378	378	347striking out, in lines 62 and 63, the words “and that are located in the same ISO-NE load zone
379	379	348to” and inserting in place thereof the following words:- , “regardless of which ISO-NE load zone
380	380	349the customers are located in, to.”
381	381	350 SECTION 30. Said section 139, as so appearing, is hereby further amended by inserting
382	382	351after the word “charges”, in line 85, the second time it appears, the following words:- “,
383	383	352including demand charges as part of a monthly minimum reliability contribution except as
384	384	353authorized under subsection (j).”
385	385	354 SECTION 31. Said section 139 of said chapter 164, as so appearing, is hereby amended
386	386	355by striking out subsection (f) of said section 139 and inserting in place thereof the following
387	387	356subsection:-
388	388	357 (f) No aggregate net metering cap shall apply to a solar net metering facility.
389	389	358 SECTION 32. Section 138 of chapter 164, as appearing in the 2020 Official Edition, is
390	390	359hereby amended by inserting after the definition of “customer” the following definitions:-
391	391	360 "Low-income", includes low-income households as defined under section 1 of chapter
392	392	36140T. 18 of 39
393	393	362 "Environmental justice", the right to be protected from environmental pollution and to
394	394	363live in and enjoy a clean and healthful environment regardless of race, income, class, tribal
395	395	364affiliation, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious
396	396	365belief, or English language proficiency. Environmental justice shall include the equal protection
397	397	366and meaningful involvement of all people with respect to the development, implementation, and
398	398	3672 of 5 enforcement of environmental laws, regulations, and policies and the equitable distribution
399	399	368of energy and environmental benefits and environmental burdens.
400	400	369 "Environmental Justice Population", a neighborhood that meets 1 or more of the
401	401	370following criteria: (i) the annual median household income is not more than 65 per cent of the
402	402	371statewide annual median household income; (ii) minorities comprise 40 per cent or more of the
403	403	372population; (iii) 25 per cent or more of households lack English language proficiency; or (iv)
404	404	373minorities comprise 25 per cent or more of the population and the annual median household
405	405	374income of the municipality in which the neighborhood is located does not exceed 150 per cent of
406	406	375the statewide annual median household income; provided, however, that for a neighborhood that
407	407	376does not meet said criteria, but a geographic portion of that neighborhood meets at least 1
408	408	377criterion, the secretary may designate that geographic portion as an environmental justice
409	409	378population upon the petition of at least 10 residents of the geographic portion of that
410	410	379neighborhood meeting any such criteria; provided further, that the secretary may determine that a
411	411	380neighborhood, including any geographic portion thereof, shall not be designated an
412	412	381environmental justice population upon finding that: (A) the annual median household income of
413	413	382that neighborhood is greater than 125 per cent of the statewide median household income; (B)
414	414	383majority of persons age 25 and older in that neighborhood have a college education; (C) the
415	415	384neighborhood does not bear an unfair burden of environmental pollution; and (D) the 19 of 39
416	416	385neighborhood has more than limited access to natural resources, including open spaces and water
417	417	386resources, playgrounds and other constructed outdoor recreational facilities and venues.
418	418	387 "Environmental Justice Household", includes households within Environmental Justice
419	419	388Populations.
420	420	389 "Low income solar net metering facility", a solar net metering facility that allocates all of
421	421	390its output and net metering credits to (1) the providers or residents of publicly-assisted housing
422	422	391under section 1 of chapter 40T or (2) low income and environmental justice households; or (3)
423	423	392entities primarily serving such persons. The department of energy resources may establish an
424	424	393alternate minimum threshold or thresholds for allocation of output and net metering credits to
425	425	394determine project eligibility if the department determines a lower threshold is necessary in order
426	426	395to facilitate economic viability of low-income solar net metering facilities or to deliver 24
427	427	396meaningful economic benefit to recipients.
428	428	397 "Community shared solar net metering facility", a solar net metering facility with three or
429	429	398more eligible recipients of credits, provided that (1) no more than 50 per cent of the net metering
430	430	399credits produced by the facility are allocated to any one recipient, (2) no more than three
431	431	400recipients may receive net metering credits in excess of those produced annually by 25 kW of
432	432	401nameplate AC capacity and the combined share of said participants' capacity shall not exceed 50
433	433	402per cent of the total capacity of the Generation Unit, unless otherwise allowed by the department
434	434	403of energy resources, and (3) the recipients have an interest in the production of the facility or the
435	435	404entity that owns the facility, in the form of formal ownership, a lease agreement, or a net
436	436	405metering allocation agreement. 20 of 39
437	437	406 SECTION 33. Said section 138 of said chapter 164, as so appearing, is hereby further
438	438	407amended in the definition of "market net metering credit" by striking out the following words:-
439	439	408"that credits shall only be allocated to an account of a municipality or government entity." and
440	440	409inserting in place thereof the following words:- "that credits shall only be allocated to an account
441	441	410of a municipality or government entity or low-income and environmental justice households."
442	442	411 SECTION 34. Section 139 of said chapter 164, as so appearing, is hereby further
443	443	412amended by adding the following subsections:-
444	444	413 (l) Notwithstanding any provision of special or general law to the contrary, a low income
445	445	414solar net metering facility shall receive credits equal to the excess kilowatt-hours by time of use
446	446	415billing period, if applicable, multiplied by the sum of the distribution company's: (i) default
447	447	416service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii)
448	448	417distribution kilowatt-hour charge; (iii) transmission kilowatt-hour charge; and (iv) transition 52
449	449	418kilowatt-hour charge; provided, however, that this shall not include the demand side 4 of 5
450	450	419management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of
451	451	420chapter 25.
452	452	421 (m) Notwithstanding any provision of special or general law to the contrary, a community
453	453	422shared solar net metering facility that allocates at least 50 per cent of its credits to low income
454	454	423and environmental justice households or the providers or residents of publicly-assisted housing
455	455	424under section 1 of chapter 40T or (3) entities primarily serving such persons shall receive credits
456	456	425equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the
457	457	426sum of the distribution company's: (i) default service kilowatt-hour charge in the ISO-NE load
458	458	427zone where the customer is located; (ii) distribution kilowatt-hour charge; (iii) transmission 21 of 39
459	459	428kilowatt-hour charge; and (iv) transition kilowatt-hour charge; provided, however, that this shall
460	460	429not include the demand side management and renewable energy kilowatt-hour charges set forth
461	461	430in sections 19 and 20 of chapter 25.
462	462	431 SECTION 35. Said section 139 of said chapter 164, as so appearing, is hereby amended
463	463	432by striking out in subsection (f) the following words:- "The aggregate net metering capacity of
464	464	433facilities that are not net metering facilities of a municipality or other governmental entity shall
465	465	434not exceed 7 per cent of the distribution company's peak load. The aggregate net metering
466	466	435capacity of net metering facilities of a municipality or other governmental entity shall not exceed
467	467	4368 per cent of the distribution company's peak load."
468	468	437 SECTION 36. Chapter 25A of the General Laws is hereby amended by inserting after
469	469	438section 11I the following section:-
470	470	439 Section 11J. For any solar incentive program created by the department of energy
471	471	440resources, under general law, session law, or other authority, the program shall designate 50 per
472	472	441cent of the incentive to equitably share the economic and environmental benefits of the program
473	473	442in communities facing barriers to access. This shall include low-income solar net metering
474	474	443facilities, as defined in section 138 of chapter 164, as well as rental housing or residents thereof.
475	475	444The department may, at its discretion, dedicate part of the incentive to resolve other barriers to
476	476	445equitable access to solar energy if such barriers are identified. The department shall also specify
477	477	446in program design its plans to reach communities whose primary language is not English.
478	478	447 SECTION 37. Chapter 25A of the General Laws is hereby amended by inserting after
479	479	448section 11F1/2 the following section:- 22 of 39
480	480	449 Section 11F 3/4. (a) Each municipal lighting plant shall establish a greenhouse gas
481	481	450emissions standard, which shall be known as the “Municipal Lighting Plant GGES.”
482	482	451 (b) A Municipal Lighting Plant GGES shall set the minimum percentage of renewable
483	483	452energy sold by each municipal lighting plant to all retail end-user customers purchasing
484	484	453electricity pursuant to rates established pursuant to section 58 of chapter 164 as follows: 100 per
485	485	454cent energy sales from renewable sources achieving net-zero greenhouse gas emissions by 2030.
486	486	455 (c) For the purpose of this section, “renewable sources” shall mean: energy from facilities
487	487	456using the following generation technologies, but only to the extent that any renewable energy
488	488	457credits, emission free energy certificates or other evidentiary non-carbon emitting documentation
489	489	458associated therewith have not been sold, retired, claimed or otherwise represented by another
490	490	459party as part of electrical energy output or sales or used to satisfy obligations in jurisdictions
491	491	460other than the commonwealth: (1) solar photovoltaic; (2) solar thermal electric; (3) hydroelectric,
492	492	461including imports into the New England wholesale electric market as administered by ISO New
493	493	462England Inc.; (4) marine or hydrokinetic energy; (5) geothermal energy; (6) wind energy; and (7)
494	494	463any other generation qualifying for renewable portfolio standards pursuant to section 11F.
495	495	464 (d) A municipal lighting plant shall file an annual report with the department, using a
496	496	465form specified by the department, demonstrating compliance with this section. If a municipal
497	497	466lighting plant fails to comply with the requirements of this section, it shall make a one-time
498	498	467alternative compliance payment, to be known as the “Municipal Lighting Plant ACP” for the
499	499	468year of non-compliance, and on the anniversary of each year that said non-compliance continues
500	500	469thereafter, in the amount 0.25 times the Renewable Portfolio Standard ACP set forth in the
501	501	470department’s regulations at 225 C.M.R. 14.00 et seq. per kilowatt hour based on the amount of 23 of 39
502	502	471such deficiency, escalated annually by the Consumer Price Index. Such Municipal Lighting Plant
503	503	472ACP shall be deposited into a fund that shall be maintained and administered by the municipal
504	504	473light plant and such fund shall be used by the municipal light plant to fund greenhouse gas
505	505	474emissions reduction and related programs in its service territory.
506	506	475 SECTION 38. Chapter 90 of the General Laws is hereby amended by inserting after
507	507	476section 7CC the following section:-
508	508	477 Section 7DD (a) For the purposes of this section the following words shall have the
509	509	478following meanings:-
510	510	479 ''Consumer'', a buyer, other than for purposes of resale, of a motor vehicle, any person to
511	511	480whom such motor vehicle is transferred during the period of any express or statutory warranty
512	512	481under this section applicable to such motor vehicle, and any other person entitled by the terms of
513	513	482such warranty to enforce its obligations.
514	514	483 ''Dealer'', any person engaged in the business of selling, offering for sale, or negotiating
515	515	484the retail sale of used motor vehicles or selling motor vehicles as broker or agent for another,
516	516	485including the officers, agents and employees of such person and any combination or association
517	517	486of dealers, but not including a bank or other financial institution, or the commonwealth, its
518	518	487agencies, bureaus, boards, commissions, authorities, nor any of its political subdivisions. A
519	519	488person shall be deemed to be engaged in the business of selling used motor vehicles if such
520	520	489person has sold more than three used motor vehicles in the preceding twelve months.
521	521	490 ''Motor vehicle'' or ''vehicle'', any motor vehicle as defined in section one, sold or
522	522	491replaced by a dealer or manufacturer, except that it shall not include auto homes, vehicles built
523	523	492primarily for off-road use or any vehicle used primarily for business purposes. 24 of 39
524	524	493 ''Used motor vehicle'' or ''used vehicle'', any vehicle driven more than the limited use
525	525	494necessary in moving or road testing a new vehicle prior to delivery to a consumer, including a
526	526	495demonstrator vehicle, except that it shall not include auto homes, vehicles built primarily for off
527	527	496road use, motorcycles, or any vehicle used primarily for business purposes.
528	528	497 ''New motor vehicle'' or ''new vehicle'', any vehicle not satisfying the definition of used
529	529	498motor vehicle.
530	530	499 “Plug-in vehicle”, a battery electric vehicle that draws propulsion energy solely from an
531	531	500on-board electrical energy storage device during operation that is charged from an external
532	532	501source of electricity or a plug-in hybrid electric vehicle with an on-board electrical energy
533	533	502storage device that can be recharged from an external source of electricity which also has the
534	534	503capability to run on another fuel.
535	535	504 “Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions.
536	536	505 (b) Beginning on January 1st 2027, no new motor vehicle shall be sold in the
537	537	506commonwealth by a dealer to a consumer unless the vehicle is a plug-in vehicle.
538	538	507 (c) Beginning on January 1st 2030, no new motor vehicle shall be sold in the
539	539	508commonwealth by a dealer to a consumer unless the vehicle is a zero-emission vehicle.
540	540	509 SECTION 39. Section 16 of chapter 25A of the General Laws, is hereby amended by
541	541	510inserting after the word “section”, in line 1, the following words:- and section 18.
542	542	511 SECTION 40. Subsection (a) of said section 16 of said chapter 25A, as so appearing, is
543	543	512hereby amended by adding the following definition:-
544	544	513 “Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions. 25 of 39
545	545	514 SECTION 41. Said chapter 25A is hereby further amended by inserting after section 17
546	546	515the following section:-
547	547	516 Section 18. (a) The commissioner shall, subject to appropriation, establish a program to
548	548	517provide rebates or other financial incentives to consumers who purchase or lease a zero-emission
549	549	518vehicle. Vehicles qualifying for rebates under this section shall: (i) be manufactured primarily for
550	550	519use on public streets, roads and highways; (ii) not be modified from the original manufacturer’s
551	551	520specification; and (iii) have been acquired for use or lease by the consumer and not for resale.
552	552	521 (b) A rebate under this section shall not be less than $1,500 per vehicle; provided,
553	553	522 however, that no rebate shall be available for a vehicle with a sales price that exceeds
554	554	523$50,000.
555	555	524 (c) The commissioner may promulgate regulations to administer the program established
556	556	525under this section. At least once per calendar year, the commissioner shall provide outreach to
557	557	526underserved consumers and consumers in communities with a high percentage of low-income
558	558	527households with information about the zero-emission vehicle incentive program established
559	559	528under this section.
560	560	529 (d) The commissioner shall publish and regularly update data regarding program usage
561	561	530including, but not limited to: (i) the number and amount of rebates or incentives provided each
562	562	531 month; (ii) the make, model and type of vehicle for which the rebate or incentive was
563	563	532issued; (iii) the zip code in which the vehicle is registered; and (iv) the estimated total
564	564	533greenhouse gas emissions reductions achieved from the rebate or incentive issued. 26 of 39
565	565	534 SECTION 42. Section 94 of chapter 143 of the General Laws, is hereby amended by
566	566	535inserting after subsection (r) the following subsections:-
567	567	536 (s) In consultation with the department of energy resources, to adopt and fully integrate
568	568	537 into the state building code requirements that new construction of commercial and
569	569	538residential buildings, as well as major reconstruction, renovation and repair of such buildings,
570	570	539include building electrical service, conduit systems, and level-2 or higher electric vehicle
571	571	540chargers sufficient to support the minimum number of zero-emission vehicle parking spaces;
572	572	541provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at
573	573	542least 1 parking space or not less than 75 per cent of the total number of parking spaces,
574	574	543whichever is greater. For the purposes of this section, “zero-emission vehicle” shall mean a
575	575	544motor vehicle that produces no engine exhaust emissions.
576	576	545 (t) In consultation with the department of energy resources, to adopt and fully integrate
577	577	546into the state building code requirements that new construction of parking facilities as well as
578	578	547major reconstruction, renovation and repair of such facilities, include building building electrical
579	579	548service, and conduit systems, and level-2 or higher electric vehicle chargers sufficient to support
580	580	549the minimum number of zero-emission vehicle parking spaces; provided, however, that the
581	581	550minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not
582	582	551less than 75 per cent of the total number of parking spaces, whichever is greater.
583	583	552 SECTION 43. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking
584	584	553out, in lines 3 and 4, the words “may include requirements for electric vehicle charging for
585	585	554residential and appropriate commercial” and inserting in place thereof the following words:- 27 of 39
586	586	555shall include requirements for electric vehicle charging for appropriate residential and
587	587	556commercial.
588	588	557 SECTION 44. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
589	589	558Official Edition, is hereby amended by adding the following definitions:-
590	590	559 “Electric vehicles” are vehicles that rely solely on electric motors for propulsion and
591	591	560includes non-combustion vehicles.
592	592	561 “Zero-emission infrastructure” means electric battery chargers, trolleybus and railway
593	593	562catenary wire, and other equipment to support the operation of electric vehicles.
594	594	563 SECTION 43. Chapter 21N is hereby amended by inserting after Section 7, the following
595	595	564section:-
596	596	565 Section 7½. To contribute to the Commonwealth’s greenhouse gas reduction targets, the
597	597	566Secretary, in consultation with the department of energy resources, department of transportation,
598	598	567department of environmental protection, and department of public utilities, shall set and enforce
599	599	568targets for public fleet electrification.
600	600	569 (a) The Massachusetts Bay Transportation Authority shall operate a fully electric bus
601	601	570fleet by 2030 and meet the following interim targets: (i) 100 percent of all MBTA procurements
602	602	571shall be electric vehicles as defined in section 1 of chapter 90 by December 31, 2023; (ii) 40
603	603	572percent of all MBTA buses should be electric by 2025; (iii) 60 percent of all MBTA buses
604	604	573should be electric by 2027; (iv) 80 percent of all MBTA buses should be electric by 2028; (v) 90
605	605	574percent of all MBTA buses should be electric by 2029. The MBTA shall establish and meet 28 of 39
606	606	575goals for charging its bus infrastructure with renewable energy generating sources as defined in
607	607	576chapter 25A, section 11F.
608	608	577 (b) The MBTA shall work with the department of public health and department of
609	609	578environmental protection to establish air monitoring stations around bus maintenance facilities
610	610	579and to improve air quality around such facilities.
611	611	580 (c) The MBTA and its commuter rail contractor shall operate a fully electric commuter
612	612	581rail system by 2030.
613	613	582 (d) Regional transit authorities (RTAs) shall operate a fully electric bus fleet by 2035 and
614	614	583meet the following interim targets: (i) 100 percent of all RTA procurements shall be electric by
615	615	584December 31, 2026; (ii) 40 percent of all RTA buses should be electric by 2025; (iii) 60 percent
616	616	585of all RTA buses should be electric by 2028; (iv) 80 percent of all RTA buses should be electric
617	617	586by 2032; (v) 90 percent of all RTA buses should be electric by 2034.
618	618	587 SECTION 46. Chapter 161A is hereby amended by inserting the following paragraphs in
619	619	588section 7 after the term “under Section 6C”:
620	620	589 (a) The MBTA governing board shall establish deadlines for MBTA bus maintenance
621	621	590facilities to support an all electric bus fleet. Construction of new 100 percent electric bus garages
622	622	591and modernization of old garages, as needed for electric bus infrastructure, shall be complete at
623	623	592least one year prior to full bus fleet electrification in 2030.
624	624	593 (b) The MBTA governing board shall direct the MBTA to update and operate existing
625	625	594zero-emission vehicle infrastructure and to expand its zero-emission infrastructure. Removal of
626	626	595existing zero-emission infrastructure shall be permitted for temporary road, catenary, or public 29 of 39
627	627	596utility work. Any replacements for electric vehicles in operation must meet or exceed the
628	628	597availability of the current zero-emission fleet, with no auxiliary systems. For all diesel-electric
629	629	598hybrid buses, the MBTA shall develop robust monitoring about the locations where such buses
630	630	599are operating on diesel power versus electric power and provide this data to the public on a
631	631	600timely basis.
632	632	601 (c) The MBTA governing board shall direct the MBTA to operate electric buses with a
633	633	602priority for operating such buses on routes serving environmental justice populations. The
634	634	603MBTA governing board shall direct the MBTA to operate electric buses on bus routes serving
635	635	604residents of Chelsea, Everett, Revere, Somerville, Chinatown, Roxbury, Dorchester, Lynn, and
636	636	605Mattapan by 2025. The MBTA governing board shall direct MBTA staff to conduct robust
637	637	606community outreach and engagement with residents of environmental justice populations,
638	638	607municipal officials in cities and towns that have environmental justice populations, and with
639	639	608transportation and environmental justice advocates. The MBTA staff shall report to the MBTA
640	640	609governing board at least six times per year the progress of electrifying the bus and rail fleet. As
641	641	610part of the public reports, MBTA staff shall explain the cost analysis of all procurements of fossil
642	642	611fuel infrastructure and the reasons for procuring fossil fuel infrastructure in lieu of zero-emission
643	643	612infrastructure.
644	644	613 (d) The MBTA governing board shall electrify the commuter rail fleet in two phases.
645	645	614Phase I includes electrification of the Providence Line, Fairmount Line, and Newburyport /
646	646	615Rockport Line at least through the Beverly Depot Station by December 31, 2024. Phase II
647	647	616includes electrification of the Framingham/Worcester Line by December 31, 2026;
648	648	617Middleborough/ Lakeville Line by December 31, 2027, and the remaining routes that pass
649	649	618through environmental justice populations, but do not offer passenger service by December 31, 30 of 39
650	650	6192030: South Coast (Phase 2 via Downtown Taunton), Haverhill, Lowell, Fitchburg, Franklin,
651	651	620Plymouth/Kingston, Greenbush, Foxborough, Newburyport/ Rockport beyond Beverly Depot,
652	652	621Cape Cod Extension, NH Capitol Corridor.
653	653	622 SECTION 47. Section 6 of chapter 161B is hereby amended by adding after paragraph
654	654	623(r), the following paragraph:
655	655	624 (s) The authorities shall operate electric buses with a priority for operating such buses on
656	656	625routes serving environmental justice populations. Authorities shall conduct robust community
657	657	626outreach and engagement with residents of environmental justice populations, municipal officials
658	658	627in cities and towns that have environmental justice populations, and with transportation and
659	659	628environmental justice advocates. The authorities shall report annually to the Regional Transit
660	660	629Authority Council pursuant to Section 27 of chapter 161B the progress of electrifying the bus
661	661	630fleet. As part of the public reports, authorities shall explain the cost analysis of all procurements
662	662	631of fossil fuel infrastructure and the reasons for procuring internal combustion engines and fossil
663	663	632fuel infrastructure in lieu of electric vehicles and zero-emission infrastructure.
664	664	633 SECTION 48. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
665	665	634Official Edition, is hereby amended by adding the following definitions:-
666	666	635 “Electric vehicles” are vehicles that rely solely on electric motors for propulsion and
667	667	636includes non-combustion vehicles.
668	668	637 “Emergency vehicle”, any publicly owned vehicle operated by a peace officer in
669	669	638performance of their duties, any authorized emergency vehicle used for fighting fires or
670	670	639responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an
671	671	640emergency medical technician or paramedic, or used for towing or servicing other vehicles, or 31 of 39
672	672	641repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement,
673	673	642vector control, or pest abatement agencies and used for those purposes, or any ambulance used
674	674	643by a private entity under contract with a public agency.
675	675	644 SECTION 49. Section 1 of chapter 21N is hereby amended by inserting the following
676	676	645definitions:
677	677	646 “Motor vehicles”, as defined in section 1 of chapter 90.
678	678	647 “Motor vehicle fleet” is a set of at least twenty-five motor vehicles under the same
679	679	648ownership or control and registered in the Commonwealth of Massachusetts.
680	680	649 “Motor vehicle fleet serving a public purpose” is a motor vehicle fleet of which a portion
681	681	650is leased, rented, or contracted by the Commonwealth of Massachusetts or a municipality or any
682	682	651political subdivision thereof from a person or entity other than the Commonwealth of
683	683	652Massachusetts or a municipality to provide a public service or for its own use, including school
684	684	653buses and paratransit vehicles.
685	685	654 “Public motor vehicle fleet” is a motor vehicle fleet owned by the Commonwealth of
686	686	655Massachusetts, a transportation authority, a school district, a public university, a quasi-public
687	687	656agency, or a municipality or in the shared ownership of multiple municipalities, or any political
688	688	657subdivision thereof. A public motor vehicle fleet includes vehicles under the same ownership of
689	689	658the Commonwealth or a municipality, even if a portion of the motor vehicle fleet is under the
690	690	659management or control of separate secretariats, departments, agencies, or offices.
691	691	660 “Electric vehicle”, as defined in section 1 of chapter 90. 32 of 39
692	692	661 SECTION 50. Chapter 21N is hereby amended by inserting after section 7 the following
693	693	662sections: -
694	694	663 Section 7A. The Secretary, in consultation with the department of energy resources,
695	695	664department of transportation, department of environmental protection, and department of public
696	696	665utilities, shall develop a transition to an electric motor vehicle fleet program and promulgate
697	697	666regulations to require the following motor vehicle fleet standards: (a) fifty percent of all public
698	698	667motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles
699	699	668by 2025; (b) seventy-five percent of all public motor vehicle fleets and motor vehicle fleets
700	700	669serving a public purpose shall be electric vehicles by 2027; and (c) one hundred percent of all
701	701	670public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric
702	702	671vehicles by 2030.
703	703	672 In reaching the Commonwealth’s public fleet requirements defined in this section, the
704	704	673Secretary shall prioritize for electrification any vehicles cited as medium- or high-priority by the
705	705	674study commissioned pursuant to section 6 of chapter 448 of the acts of 2016. To meet the
706	706	675deadlines established in this section, the Secretary shall prioritize electric vehicle deployment in
707	707	676locations serving environmental justice populations as defined in the general laws or, in the
708	708	677absence of a statutory definition, the environmental justice policy of the executive office of
709	709	678energy and environmental affairs, as may be amended.
710	710	679 Section 7B. Notwithstanding section 9A of chapter 7, vehicles subject to the electric
711	711	680vehicle public motor vehicle fleet program include: all public motor vehicle fleets, all motor
712	712	681vehicle fleets serving a public purpose, and all motor vehicle fleets that are owned, leased,
713	713	682rented, or contracted, by quasi-public agencies, excluding emergency vehicles. The Department 33 of 39
714	714	683of Energy Resources, with input from the Department of Environmental Protection, Department
715	715	684of Public Utilities, and Department of Transportation, shall: (i) establish goals for private motor
716	716	685vehicle fleets conversion; (ii) identify and implement incentives to support electric vehicle
717	717	686purchases; (iii) work with owners of motor vehicle fleets used, at least in part, for the purpose of
718	718	687commercial ride-sharing and ride-hailing and passenger transportation, including vehicles
719	719	688regulated pursuant to chapter 159A½ to transition to electric vehicles; (iv) work with owners of
720	720	689motor vehicle fleets used for public transportation licensed to operate in the Commonwealth
721	721	690pursuant to chapter 90 or chapter 159A to transition to electric vehicles; and (v) work with
722	722	691owners of motor vehicle fleets used as commercial motor carriers, freight services, limousine
723	723	692services, and taxis registered to operate in the Commonwealth to transition to electric vehicles.
724	724	693 Section 7C. The Secretary, in consultation with the executive office for administration
725	725	694and finance, shall require that new motor vehicles purchased by the Commonwealth shall be
726	726	695electric vehicles according to the following deadlines:(i) forty percent of all purchases in 2024;
727	727	696(ii) sixty percent of all purchases in 2025; (iii) eighty percent of all purchases in 2026; (iv) ninety
728	728	697percent of all purchases in 2027; and (v) one hundred percent of all purchases in 2028.
729	729	698 Section 7D. The Department of Energy Resources shall design and implement an
730	730	699incentive program to encourage the conversion of private fleets to electric vehicles. Should an
731	731	700owner of a motor vehicle fleet fail to comply with electric vehicle program requirements, the
732	732	701Department of Energy Resources shall remove the incentive for that owner and require
733	733	702reimbursement of the incentive. As part of the incentive program, the Department of Energy
734	734	703Resources shall ensure a specific pool of funds, not less than ten percent of all funds allocated to
735	735	704the incentive program, is available to municipalities to promote the transition to electric vehicle
736	736	705motor vehicle fleet. 34 of 39
737	737	706 SECTION 51. Beginning in 2024 and every five years thereafter through 2040, the
738	738	707Secretary shall submit a report to the Legislature that measures the Commonwealth’s progress
739	739	708towards implementation of the electric vehicle motor vehicle fleet program. The report shall: (i)
740	740	709assess the electric vehicle market in the Commonwealth; (ii) identify funding sources to serve as
741	741	710incentives for purchasing electric vehicles to offset costs to agencies, municipalities, and
742	742	711businesses; (iii) identify barriers to increased penetration of electric vehicles; and (iv)
743	743	712recommend legislative and regulatory action to address those barriers.
744	744	713 SECTION 52. The Secretary may provide education, training, and technical assistance to
745	745	714motor vehicle fleet operators to support electric vehicle penetration.
746	746	715 SECTION 53. The regulations required pursuant to sections 7A through 7D of said
747	747	716chapter 21N shall be promulgated and in effect not later than 270 days following the effective
748	748	717date.
749	749	718 SECTION 54. Section 6 of chapter 25A of the General Laws, is hereby amended by
750	750	719inserting after clause (11) the following clause:-
751	751	720 (12) develop and adopt, as an appendix to the state building code, in consultation with the
752	752	721board of building regulations and standards, a specialized net-zero energy code that includes, but
753	753	722is not limited to, a definition of net-zero building.
754	754	723 SECTION 55. Section 96 of said chapter 143, as so appearing, is hereby amended by
755	755	724inserting, in line 7, after the word “to” the following words:- , the specialized net-zero energy
756	756	725code developed and adopted by the department of energy resources. 35 of 39
757	757	726 SECTION 56. Section 97 of said chapter 143, as so appearing, is hereby amended by
758	758	727striking out, in line 22, the words “a reasonable time” and inserting in place thereof the following
759	759	728words:- 45 days.
760	760	729 SECTION 57. To develop the specialized net-zero energy code required by section 6 of
761	761	730chapter 25A of the General Laws, the department of energy resources shall hold not less than 5
762	762	731public hearings in geographically diverse locations throughout the commonwealth that shall
763	763	732represent the distinguishing characteristics of rural, suburban and urban households, 3 of which
764	764	733shall be held in an underserved community or community with a high percentage of low-income
765	765	734households. The specialized net-zero energy code required by said section 6 of said chapter 25A
766	766	735shall be developed, adopted and incorporated as an appendix to the state building code not later
767	767	736than 1 year after the passage of this act.
768	768	737
769	769	738 SECTION 58. Section 94 of chapter 143 of the General Laws, is hereby amended by
770	770	739striking out subsection (o) and inserting in place thereof the following subsection:
771	771	740 (o) To adopt and fully integrate as part of the state building code: (i) the latest
772	772	741International Energy Conservation Code, (ii) the net-zero energy code required by section 6 of
773	773	742chapter 25A of the General Laws for new residential construction beginning on January 1st
774	774	7432025, (iii) the net-zero energy code required by said section 6 of said chapter 25A for new
775	775	744commercial construction beginning on January 1st 2028, and (iv) any more stringent energy-
776	776	745efficiency provisions that the board, in consultation with the department of energy resources,
777	777	746concludes are necessary to achieve the emissions limits established by subsection (b) of section 3
778	778	747of chapter 21N of the General Laws as amended, and the renewable energy requirements 36 of 39
779	779	748established by subsection (a) of section 3 of chapter 25D of the General Laws as amended. The
780	780	749energy provisions of the state building code shall be updated within 1 year of any revision to the
781	781	750International Energy Conservation Code.
782	782	751 SECTION 59. Section 94 of chapter 143 of the General Laws, is hereby amended by
783	783	752striking out subsection (q) and inserting in place thereof the following subsection:
784	784	753 (q) In consultation with the department of energy resources, to develop requirements and
785	785	754promulgate regulations as part of the state building code, in addition to the requirements
786	786	755enumerated in subsection (o) of Section 94 of chapter 143 of the General Laws, requiring a
787	787	756process to ensure that all new non-residential buildings larger than 10,000 square feet and any
788	788	757major reconstruction, alteration or repair of all such buildings perform as designed with respect
789	789	758to energy consumption by undergoing building commissioning or acceptance testing. Such
790	790	759commissioning must be completed before the issuance of a certificate of occupancy.
791	791	760 SECTION 60. Amendments to the state building and electric code required under section
792	792	761A4 and A8 shall be in effect not later than 18 months after the effective date of this act.
793	793	762 SECTION 61. Chapter 121B of the General Laws is hereby amended by inserting after
794	794	763section 38D the following section:-
795	795	764 Section 38D ½. (a) The department shall develop a program to transition the entire public
796	796	765housing stock of the Commonwealth into highly energy-efficient homes that produce on-site, or
797	797	766procure, enough carbon-free renewable energy to meet total energy consumption annually. 37 of 39
798	798	767 (b) Projects pursuant to this section may include a mix of extremely low income
799	799	768households, low or moderate income households and market-rate housing and may utilize any
800	800	769available source of rental subsidy or financial assistance.
801	801	770 (c) The local housing authority shall: (i) comply with section 12, related to wages, labor
802	802	771requirements and the Social Security Act; (ii) comply with section 29, related to wage rates and
803	803	772collective bargaining; (iii) retain the same number of public housing units as existed before
804	804	773participation in this program and to the greatest extent possible: (A) provide for full tenant
805	805	774participation, including public hearings, on adoption or material amendment of its annual plan as
806	806	775required under subsection (h); (B) provide for a tenant lease and grievance procedure
807	807	776substantially similar to that in effect prior to entry into this program; (C) provide that evictions
808	808	777shall be only for good cause; (D) assure that housing assisted under this program is decent, safe
809	809	778and sanitary and that, excepting any market-rate housing, the housing is deed restricted to
810	810	779occupancy by extremely low income households, very low income households or low and
811	811	780moderate income households at affordable rents or sales prices, in perpetuity or for such other
812	812	781term as may be approved by the department, consistent with funding sources; and (E) assure that
813	813	782proceeds from the disposition of public housing and funds generated from new affordable and
814	814	783market-rate housing created to replace public housing, unless restricted to a particular use, shall
815	815	784be allocated to the reconstruction, rehabilitation or repair of public housing developments; (iv)
816	816	785assure that if a participating housing authority redevelops its public housing units, all households
817	817	786residing in the units at the time of planned redevelopment shall receive relocation assistance, if
818	818	787eligible, under this chapter or other applicable statutes; provided however, that such households
819	819	788shall have the right to return to the redeveloped public housing, unless such household is
820	820	789determined to be in unlawful occupancy prior to the approval of the housing authority's 38 of 39
821	821	790application, has materially breached the lease agreement or has been evicted for cause, under
822	822	791applicable law, subject to units of the appropriate size and requirements being available;
823	823	792provided further, that such households shall have priority for placement over new applicants; (v)
824	824	793comply with chapter 334 of the acts of 2006; and (vi) comply with the audit requirements of
825	825	794section 29.
826	826	795 (d) The department shall maximize tenant participation and management by low- and
827	827	796very low-income individuals in the rehabilitation, upgrade, and transition of public housing
828	828	797through education, training, and jobs, all of which are to be funded by the Workforce Training
829	829	798Fund established in section 2RR of chapter 29.
830	830	799 SECTION 62. Chapter 21N of the General Laws is hereby amended by inserting after
831	831	800section 11 the following section:-
832	832	801 Section 12. To achieve the mobilization required to reach 100% renewable electricity and
833	833	802energy by 2030, a just transition for workers is necessary. The attorney general must ensure that
834	834	803the following criteria are met amidst this energy transition:
835	835	804 (a) Any job created in the transition to 100% renewables must be a high-quality union job
836	836	805with guaranteed wage and benefit parity for workers affected by the transition.
837	837	806 (b) Workers affected by the energy transition, including but not limited to fossil fuel
838	838	807workers, mechanics, laborers, are to be prioritized for training and advancement opportunities
839	839	808that allow for them to shift to renewable energy jobs. 39 of 39
840	840	809 (c) After the training referenced in subsection b has been completed, workers affected by
841	841	810the transition are guaranteed a job created in the mobilization to 100% renewables, and will be
842	842	811prioritized over other applicants.
843	843	812 (d) The commonwealth, through the powers of the attorney general, will fund and
844	844	813provide pensions for workers impacted by the transition age 50 or older who elect to retire early
845	845	814in lieu of participation in the training programs described in subsection (b).
846	846	815 (e) The commonwealth, through the department of labor services, will fund training and
847	847	816advancement opportunities, pensions, and the wage and benefit parity for each worker affected
848	848	817by the transition.