Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4502 Compare Versions

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

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1	1	HOUSE . . . . . . . . No. 4502
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES , April 4, 2024.
5	5	The committee on Telecommunications, Utilities and Energy, to whom
6	6	was referred the petition (accompanied by bill, House, No. 777) of Josh S.
7	7	Cutler and others relative to clean lighting, the petition (accompanied by
8	8	bill, House, No. 3164) of Sean Garballey, Simon Cataldo and others
9	9	relative to improving outdoor lighting and increasing dark-sky visibility,
10	10	the petition (accompanied by bill, House, No. 3217) of Jeffrey N. Roy
11	11	relative to consumer access to residential energy information, the petition
12	12	(accompanied by bill, House, No. 3218) of Jeffrey N. Roy for legislation
13	13	to promote transportation electrification infrastructure and the petition
14	14	(accompanied by bill, House, No. 3691) of Marjorie C. Decker and others
15	15	relative to energy assessments and energy efficiency improvements at
16	16	schools and public institutions of higher education, reports recommending
17	17	that the accompanying bill (House, No. 4502) ought to pass.
18	18	For the committee,
19	19	JEFFREY N. ROY. 1 of 46
20	20	FILED ON: 2/7/2024
21	21	HOUSE . . . . . . . . . . . . . . . No. 4502
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to promote transportation electrification infrastructure.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 21 of chapter 25 of the General Laws, as so appearing, is hereby
31	31	2amended by removing “and” before (xiv) and inserting after subsection xiv, the following: -
32	32	3 and (xv) an enhanced homebuyer incentive program providing additional incentives to
33	33	4purchasers of 1-5 unit homes within the first year of ownership which shall include but not be
34	34	5limited to free weatherization services, multilingual customer support, project facilitation
35	35	6services, technical assistance, and a $250 incentive payment.
36	36	7 SECTION 2. Section 97A of chapter 13 of the General Laws, as so appearing, is hereby
37	37	8amended by inserting after the words “home energy audit” the following: -
38	38	9 and the enhanced homebuyer incentive program
39	39	10 SECTION 3. Section 2 of Chapter 21H of the General Laws, as appearing in the 2020
40	40	11official Edition, is hereby amended by striking out the definition of “Mercury-added Lamp” and
41	41	12inserting in place thereof the following definitions:- 2 of 46
42	42	13 “Compact fluorescent lamp” means a compact low-pressure, mercury-containing,
43	43	14electric-discharge light source in which a fluorescent coating transforms some of the ultraviolet
44	44	15energy generated by the mercury discharge into visible light, and includes all of the following
45	45	16characteristics:
46	46	17 (i) One base (end cap) of any type, including, but not limited to, screw, bayonet, two pins,
47	47	18and four pins.
48	48	19 (ii) Integrally ballasted or non-integrally ballasted.
49	49	20 (iii) Light emission between a correlated color temperature of 1700K and 24000K and a
50	50	21Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color
51	51	22Space (CAM02-UCS).
52	52	23 (iv) All tube diameters and all tube lengths.
53	53	24 (v) All lamp sizes and shapes for directional and nondirectional installations, including,
54	54	25but not limited to, PL, spiral, twin tube, triple twin, 2D, U-bend, and circular.
55	55	26 “Linear fluorescent lamp” means a low-pressure, mercury-containing, electric-discharge
56	56	27light source in which a fluorescent coating transforms some of the ultraviolet energy generated
57	57	28by the mercury discharge into visible light, and includes all of the following characteristics:
58	58	29 (i) Two bases (end caps) of any type, including, but not limited to, single-pin, two-pin,
59	59	30and recessed double contact.
60	60	31 (ii) Light emission between a correlated color temperature of 1700K and 24000K and a
61	61	32Duv of +0.024 and -0.024 in the CIE CAM02-UCS. 3 of 46
62	62	33 (iii) All tube diameters, including, but not limited to, T5, T8, T10, and T12.
63	63	34 (iv) All tube lengths from 0.5 to 8.0 feet, inclusive.
64	64	35 (v) All lamp shapes, including, but not limited to, linear, U-bend, and circular.
65	65	36 SECTION 4. Section 6J of Chapter 21H of the General Laws is hereby amended by
66	66	37striking out sections (d)(1) and (d)(2) in their entirety and inserting in place thereof the
67	67	38following:-
68	68	39 (d)(1) On and after January 1, 2024, no person shall offer for final sale or distribute in
69	69	40this state as a new manufactured product a screw or bayonet base type compact fluorescent lamp.
70	70	41 (d)(2) On and after January 1, 2025, no person shall offer for final sale or distribute in
71	71	42this state as a new manufactured product a pin-base type compact fluorescent lamp or a linear
72	72	43fluorescent lamp.
73	73	44 SECTION 5. Section 6J of Chapter 21H of the general laws is further amended by adding
74	74	45the following sections:-
75	75	46 (k) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
76	76	47for image capture and projection, including:
77	77	48 (i)photocopying;
78	78	49 (ii)printing, directly or in preprocessing;
79	79	50 (iii)lithography;
80	80	51 (iv)film and video projection; and 4 of 46
81	81	52 (v)holography.
82	82	53 (l) Sections (d)(1) and (d)(2) do not apply to a lamp that has a high proportion of
83	83	54ultraviolet light emission and is one of the following:
84	84	55 (i) A lamp with high ultraviolet content that has ultraviolet power greater than two
85	85	56milliwatts per kilolumen (mW/klm).
86	86	57 (ii) A lamp for germicidal use, such as the destruction of DNA, that emits a peak
87	87	58radiation of approximately 253.7 nanometers.
88	88	59 (iii) A lamp designed and marketed exclusively for disinfection or fly trapping from
89	89	60which either the radiation power emitted between 250 and 315 nanometers represents at least 5
90	90	61percent of, or the radiation power emitted between 315 and 400 nanometers represents at least 20
91	91	62percent of, the total radiation power emitted between 250 and 800 nanometers.
92	92	63 (iv) A lamp designed and marketed exclusively for the generation of ozone where the
93	93	64primary purpose is to emit radiation at approximately 185.1 nanometers.
94	94	65 (v) A lamp designed and marketed exclusively for coral zooxanthellae symbiosis from
95	95	66which the radiation power emitted between 400 and 480 nanometers represents at least 40
96	96	67percent of the total radiation power emitted between 250 and 800 nanometers.
97	97	68 (vi) Any lamp designed and marketed exclusively for use in a sunlamp product, as
98	98	69defined in section 1040.20(b)(9) of subchapter J of title 21 of the Code of Federal Regulations, as
99	99	70in effect on the date of enactment of this Act.
100	100	71 (m) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
101	101	72for use in medical or veterinary diagnosis or treatment, or in a medical device. 5 of 46
102	102	73 (n) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
103	103	74for use in the manufacturing or quality control of pharmaceutical products.
104	104	75 (o) Sections (d)(1) and (d)(2) do not apply to a lamp designed and marketed exclusively
105	105	76for spectroscopy and photometric applications, such as UV-visible spectroscopy, molecular
106	106	77spectroscopy, atomic absorption spectroscopy, nondispersive infrared (NDIR), Fourier transform
107	107	78infrared (FTIR), medical analysis, ellipsometry, layer thickness measurement, process
108	108	79monitoring, or environmental monitoring.
109	109	80 (p) Sections (d)(1) and (d)(2) do not apply to a lamp used by academic and research
110	110	81institutions for conducting research projects and experiments.
111	111	82 (q) The department may cause periodic inspections to be made of distributors or retailers
112	112	83in order to determine compliance with (d)(1) and (d)(2). The department shall investigate
113	113	84complaints received concerning violations of (d)(1) and (d)(2).
114	114	85 (r) If the department finds that any person has committed a violation of any provision of
115	115	86(d)(1) or (d)(2), the department shall issue a warning to such person. Any person who commits a
116	116	87violation after the issuance of such warning shall be subject to a civil penalty, issued by the
117	117	88department, of up to one hundred dollars for each offense. Any further violations committed by
118	118	89such person after this second violation shall be subject to a civil penalty of not more than five
119	119	90hundred dollars for each offense. Each lamp offered, sold, or distributed in violation of (d)(1) or
120	120	91(d)(2), each violation shall constitute a separate offense, and each day that such violation occurs
121	121	92shall constitute a separate offense. 6 of 46
122	122	93 (s) If the department finds repeated violations have occurred, it shall report the results of
123	123	94such violations to the Attorney General. The Attorney General may institute proceedings to seek
124	124	95an injunction in state court to enforce the provisions of (d)(1) or (d)(2).
125	125	96 (t) The department may adopt such further regulations as necessary to ensure the proper
126	126	97implementation and enforcement of the provisions of (d)(1) and (d)(2).
127	127	98 SECTION 6. The department of energy resources shall consult with the department of
128	128	99public utilities, the administrators of energy efficiency programs established under section 19 of
129	129	100chapter 25, and municipal lighting plants to offer incentives and rebates for converting to high-
130	130	101efficiency lighting technologies for eligible homeowners. Eligible homeowners shall include any
131	131	102homeowner in the commonwealth that:
132	132	103 (a)resides in a house or apartment or other unit of housing built over 50 years before the
133	133	104current date; and
134	134	105 (b)resides in a home with light ballasts incompatible with non-mercury containing light
135	135	106bulbs or lamps.
136	136	107 SECTION 7. Section 22 of chapter 25, as appearing in the 2022 official edition, is hereby
137	137	108amended, by striking the words “the manufacturing industry” and inserting in place thereof the
138	138	109following:- “environmental justice and equity interests”
139	139	110 SECTION 8. Said section 22 of chapter 25, as so appearing, is hereby further amended,
140	140	111in line 4 by inserting before the word “labor” the following:- “workforce development and
141	141	112organized labor” 7 of 46
142	142	113 SECTION 9. Said section 22 of chapter 25, as so appearing, is hereby further amended,
143	143	114in line 7 by striking out the words “fewer than 10 persons”
144	144	115 SECTION 10. Said section 22 of chapter 25, as so appearing, is hereby further amended,
145	145	116in line 15 by striking out the words “energy efficiency business” and inserting in place there of
146	146	117the following:- “the Massachusetts Clean Energy Center”
147	147	118 SECTION 11. Said section 22 of chapter 25, as so appearing, is hereby further amended,
148	148	119by striking clause (b) and inserting in place there of the following:-
149	149	120 (b) The council shall, as part of the approval process by the department, seek to maximize
150	150	121net economic benefits through energy efficiency and load management resources, beneficial
151	151	122electrification to achieve energy, capacity, climate and environmental goals through a sustained
152	152	123and integrated statewide energy efficiency and decarbonization effort. The council shall review
153	153	124and approve plans and budgets, work with program administrators in preparing energy resource
154	154	125assessments, determine the economic, system reliability, climate and air quality benefits of
155	155	126efficiency and load management resources, and beneficial electrification, conduct and
156	156	127recommend relevant research, and recommend long term efficiency, load management, and
157	157	128beneficial electrification goals to balance economic savings, achievement of environmental goals
158	158	129consistent with meeting all greenhouse gas emission limits and sublimits imposed by law or
159	159	130regulation and ratepayer impacts. Approval of efficiency and demand resource and beneficial
160	160	131electrification plans and budgets shall require a two-thirds majority vote. The council shall, as
161	161	132part of its review of plans, examine opportunities to offer joint programs providing similar
162	162	133efficiency measures that save more than 1 fuel resource or to coordinate programs targeted at 8 of 46
163	163	134saving more than one fuel resource. Any costs for joint programs shall be allocated equitably
164	164	135among the efficiency programs.
165	165	136 SECTION 12. Section 7 of Chapter 25A as appearing in the 2022 Official version, is
166	166	137hereby amended, in line 13, by striking out the words “with total storage capacity of fifty
167	167	138thousand gallons”.
168	168	139 SECTION 13. Said Section 7 of chapter 25A as so appearing is hereby amended by
169	169	140striking the third paragraph and inserting in place there of the following:
170	170	141 All electric and gas companies, transmission companies, distribution companies,
171	171	142suppliers, and aggregators, as defined in section 1 of chapter 164, and suppliers of natural gas,
172	172	143including aggregators, marketers, brokers, and marketing affiliates of gas companies, excluding
173	173	144gas companies as defined in said section 1 of said chapter 164, engaged in distributing or selling
174	174	145electricity or natural gas in the commonwealth shall make accurate reports to the department in
175	175	146such form and at such times, which shall be at least quarterly, as the department shall require
176	176	147pursuant to this section. Each such company, supplier, and aggregator shall report semi-annually
177	177	148to the department the average of all rates charged for default, low-income and standard offer
178	178	149service to each customer class and for each sub-class within the residential class, respectively;
179	179	150provided, however, that all such rate information so reported pursuant to this paragraph shall be
180	180	151deemed public information, and no such rate information shall be protected as a trade secret,
181	181	152confidential, competitively sensitive, or other proprietary information pursuant to section 5D of
182	182	153chapter 25. Each such company, supplier, and aggregator shall report to the department, in such
183	183	154form and at such times as the department shall require, detailed and accurate information
184	184	155including, but not limited to, the following: data regarding number of customers, load served, 9 of 46
185	185	156amounts billed to customers (in dollars), renewable and clean energy attribute certificate
186	186	157purchases, and supply product offerings. The Department may make such information, or
187	187	158aggregates of such information, available to the public on its website.
188	188	159 All resellers of petroleum products, including retail heating oil and propane suppliers,
189	189	160doing business in the commonwealth shall make accurate reports of price, inventory, and product
190	190	161delivery data to the department in such form and at such time as the department shall require. A
191	191	162retail heating oil or propane supplier who operates in the commonwealth shall make the daily
192	192	163delivery price of heating oil or propane for residential heating customers available in a clear and
193	193	164conspicuous manner. If the retail heating oil or propane supplier operates a website for
194	194	165commonwealth customers, the daily delivery price shall be clearly and conspicuously displayed
195	195	166on the dealer’s website.
196	196	167 SECTION 14. Chapter 25A of the General Laws, as appearing in the 2022 Official
197	197	168Edition, is hereby amended by striking out section 11H in its entirety and replacing it with the
198	198	169following new section:
199	199	170 Section 11H. (a) The department of energy resources may make an assessment against
200	200	171each electric and gas utility company licensed to do business in the commonwealth by the
201	201	172department of public utilities, based upon the intrastate operating revenues subject to the
202	202	173jurisdiction of the department of public utilities of each such company derived from sales within
203	203	174the commonwealth of electric and gas service, respectively, as shown in the annual report of
204	204	175each such company to the department of public utilities. Assessments shall be made at a rate not
205	205	176exceeding 0.3 per cent of such intrastate operating revenues, as shall be determined and certified
206	206	177annually by the commissioner as sufficient to reimburse the commonwealth for funds 10 of 46
207	207	178appropriated by the general court for the operation and general administration of the department,
208	208	179exclusive of funds appropriated by the general court for the cost of fringe benefits as established
209	209	180by the comptroller pursuant to section 5D of chapter 29, including group life and health
210	210	181insurance, retirement benefits, paid vacations, holidays and sick leave. Assessments made under
211	211	182this section may be credited to the normal operating cost of each company. Each company shall
212	212	183pay the amount assessed against it within 30 days after the date of the notice of assessment from
213	213	184the department. Such assessments shall be collected by the department and credited to the
214	214	185General Fund. Any funds unexpended in any fiscal year for the purposes for which such
215	215	186assessments were made shall be credited against the assessment to be made in the following
216	216	187fiscal year and the assessment in the following fiscal year shall be reduced by any such
217	217	188unexpended amount. This section shall not apply to municipally owned electric and gas
218	218	189companies.
219	219	190 SECTION 15. Chapter 25A of the General Laws, as appearing in the 2022 Official
220	220	191Edition, is hereby amended by striking out section 16 in its entirety.
221	221	192 SECTION 16. Chapter 98 of the General Laws is hereby amended by inserting the
222	222	193following new section:
223	223	194 Section 59. (a) When used in this section, the following terms shall have the following
224	224	195meanings:
225	225	196 “Charging session” means an event starting when a customer of an EVSE initiates
226	226	197purchase of electric vehicle charging services from an EVSE and ends when either the EVSE or
227	227	198the customer ends the continuous transfer of said electric vehicle charging services to that
228	228	199customer’s electric vehicle. 11 of 46
229	229	200 "Commercial electric vehicle charging station'' means an EVSE, or a group of EVSEs, at
230	230	201a certain location where every EVSE within that group is owned and operated by the same
231	231	202person or entity and which requires users to pay the EVSE owner a fee for electric vehicle
232	232	203charging services.
233	233	204 “Director'' is the director of standards in the office of consumer affairs and business
234	234	205regulation.
235	235	206 “Division” is the division of standards in the office of consumer affairs and business
236	236	207regulation.
237	237	208 "Electric vehicle'' means a battery electric vehicle that draws propulsion energy solely
238	238	209from an on-board electrical energy storage device during operation that is charged from an
239	239	210external source of electricity or a plug-in hybrid electric vehicle with an on-board electrical
240	240	211energy storage device that can be recharged from an external source of electricity which also has
241	241	212the capability to run on another fuel.
242	242	213 "Electric vehicle charging services'' means the transfer of electric energy from an electric
243	243	214vehicle charging station to a battery or other storage device in an electric vehicle and billing
244	244	215services, networking and operation and maintenance.
245	245	216 “Electric vehicle supply equipment” or “EVSE” means a device or system designed and
246	246	217used specifically to transfer electrical energy to an electric vehicle, either as charge transferred
247	247	218via physical or wireless connection, by loading a fully charged battery, or by other means.
248	248	219 "EVSE connector'' is a cable and connector combination which carries electrical current
249	249	220from a commercial electric vehicle charging station’s enclosure to the port of an electric vehicle. 12 of 46
250	250	221 ''EVSE owner'' is any person owning, in whole or in part, a commercial electric vehicle
251	251	222charging station in Massachusetts.
252	252	223 ''Network roaming'' is the act of a member of 1 electric vehicle charging station billing
253	253	224network using a charging station that is outside of the member's billing network with the
254	254	225member's billing network account information.
255	255	226 (b) An EVSE owner shall register a commercial electric vehicle charging station with the
256	256	227division prior to offering electric vehicle charging services to the public on a form created by the
257	257	228division. The division shall set the length of the term of the registration by regulation. An
258	258	229applicant for registration shall submit such registration in the manner determined by the division
259	259	230along with the appropriate registration fee established pursuant to subsection (d).
260	260	231 No person shall operate a commercial electric vehicle charging station without first
261	261	232registering the device with the division. An EVSE owner who owns more than one commercial
262	262	233electric vehicle charging station in Massachusetts shall separately register each commercial
263	263	234electric vehicle charging station. The registrant shall notify the division within 30 days if the
264	264	235station is sold or ownership is otherwise transferred, if the operator changes, or if the station
265	265	236ceases operation.
266	266	237 (c) The registration form may include the commercial electric vehicle charging station’s
267	267	238street address; geographic location; hours of operation; charging level; number, make, and model
268	268	239for each EVSE; number and type of connectors for each EVSE; hardware compatibility for each
269	269	240EVSE; description and amount of any fees users may incur to use the commercial EVSE;
270	270	241accepted methods of payment; and any other information the division finds necessary. 13 of 46
271	271	242 (d) The division shall establish a fee schedule for registrations, renewals, and inspections,
272	272	243including the imposition of late charges when appropriate, by regulation. The division may retain
273	273	244such registration fees and fines it collects in order to support its operations.
274	274	245 (e) An EVSE owner shall display on each EVSE, clearly visible to a user of that EVSE,
275	275	246the price per kilowatt-hours of the electric vehicle charging services and any other costs a user
276	276	247might encounter when purchasing electric vehicle charging services from the EVSE. The price
277	277	248shown on such display shall display any taxes imposed on the sale of the charging services. No
278	278	249sign, advertising material or other display or product that is placed upon, above or around an
279	279	250EVSE shall directly or indirectly obscure the posted price.
280	280	251 (f) No EVSE owner shall sell electric vehicle charging services at any price other than the
281	281	252price so posted at the time of the sale. Any EVSE owner who sells electric vehicle charging
282	282	253services to a customer from an EVSE shall display on each EVSE, at a location and in a manner
283	283	254clearly visible to a user of that EVSE, the total volume of electricity transferred during each
284	284	255charging session. Any advertisement, statement, or display of electric vehicle charging services
285	285	256prices shall display the total price, including any taxes, usage fees, and any membership fees
286	286	257required to obtain the price displayed.
287	287	258 (g) The director and their inspectors shall have the power to test, inspect and seal all
288	288	259EVSEs in accordance with standards set forth in the most recent publication of the National
289	289	260Institute of Standards and Technology Handbook 44 as adopted by the National Conference on
290	290	261Weights and Measures. Notwithstanding any other general law or special law to the contrary,
291	291	262said testing, inspection, and sealing shall be the sole responsibility of the division. All EVSE
292	292	263connectors and related equipment and systems shall meet all the applicable requirements 14 of 46
293	293	264contained in the most recent publication of the National Institute of Standards and Technology
294	294	265Handbook 44.
295	295	266 All EVSE connectors and related equipment and systems which the division determines
296	296	267have met the standard contained herein shall be marked in a manner visible to consumers, as
297	297	268determined by the division. The division shall also affix a security seal to said EVSE pursuant to
298	298	269the standards contained in the most recent publication of National Institute of Standards and
299	299	270Technology Handbook 44.
300	300	271 (h) The division may adopt, amend, alter or repeal, and shall enforce all such reasonable
301	301	272orders, rules and regulations as may be necessary or suitable for the administration and
302	302	273enforcement of this section, inclusive, and the division may, in such administration and
303	303	274enforcement, at any time no cause to be made by its agents or representatives an audit,
304	304	275examination or investigation of the books, records, papers, vouchers, accounts and documents of
305	305	276any EVSE owner, who shall make them available, upon oral or written demand, to the division
306	306	277or any of its duly authorized agents or representatives. Every EVSE owner shall keep such
307	307	278records as may be prescribed by the orders, rules or regulations adopted by the division.
308	308	279 (i) A violation of any provision of this section shall be punished by a civil citation of not
309	309	280more than five thousand dollars, pursuant to section 29A of chapter 98. Upon the second
310	310	281violation of this section, the division may, in addition to assessing a civil citation, suspend the
311	311	282right of such registrant to engage in the business of selling electric vehicle charging services for a
312	312	283period not exceeding three months, and upon the third or subsequent violation, in addition to
313	313	284assessing a civil citation, suspend such right for a period not exceeding one year. 15 of 46
314	314	285 (j) All EVSE connectors and related equipment and systems which cannot be made to
315	315	286conform to the standard described in subsection (g) shall be taken out of service and marked or
316	316	287labelled in a manner by the division until it meets such standard. Whoever removes said mark or
317	317	288label without the consent of the person affixing the same shall be punished by a fine of not more
318	318	289than five thousand dollars or shall be subject to a civil citation as provided in section 29A of
319	319	290chapter 98.
320	320	291 (k) The owner or operator of a commercial electric vehicle charging station shall provide
321	321	292payment options that allow access by the general public. A person shall not be required to pay a
322	322	293subscription fee to use a commercial electrical vehicle charging station or be required to obtain a
323	323	294membership in a club, association or organization as a condition of using the station; provided,
324	324	295however, that owners and operators of a commercial electrical vehicle charging station may have
325	325	296separate price schedules conditional on a subscription or membership.
326	326	297 (l) The owner or operator of a public electric vehicle charging station or a designee shall
327	327	298disclose on an ongoing basis to the United States Department of Energy National Renewable
328	328	299Energy Laboratory, or other publicly available database designated by the division in
329	329	300consultation with the department of energy resources, the station's geographic location, hours of
330	330	301operation, charging level, hardware compatibility, schedule of fees, accepted methods of
331	331	302payment and the amount of network roaming charges for nonmembers, if any.
332	332	303 SECTION 17. Section 16 of chapter 25A of the General Laws, is hereby amended by
333	333	304inserting after the word “membership”, in line 39, the following words:- “Any person who parks
334	334	305a vehicle that is not compatible with an electronic charging station in a publicly available parking 16 of 46
335	335	306spot equipped with an electronic charging station, shall be subject to a fine of $50 for a first
336	336	307offense and $100 for a second or subsequent offense.”
337	337	308 SECTION 18. Chapter 25A of the General Laws is hereby further amended by adding the
338	338	309following section:
339	339	310 Section 20(B) An Act Relative to Healthy and Sustainable Schools Definitions
340	340	311 For the purpose of this statute, the following definitions apply:
341	341	312 (a) As used in this legislation, the term “energy audit” refers to an investment-grade
342	342	313study of a school that yields recommendations on energy efficiency improvements and
343	343	314renewable energy systems to install on or nearby school properties. Energy audits shall estimate
344	344	315the costs, savings, and greenhouse gas reductions from implementing the recommendations and
345	345	316shall include a list of financing options, including federal, state, and local funding sources.
346	346	317Energy audits shall also include, but not be limited to, mechanical insulation evaluation and
347	347	318inspection of the building envelope(s).
348	348	319 (b) As used in this legislation, the term “energy efficiency improvements” refers to any
349	349	320improvement, repair, alteration, or betterment of any building or facility, subject to all applicable
350	350	321building codes, owned or operated by a public institution of higher education, municipally-
351	351	322owned institution of higher education, and public elementary and secondary school or any
352	352	323equipment, fixture, or furnishing to be added to or used in any such building or facility that is
353	353	324designed to reduce energy consumption. Energy efficiency improvements include, but are not
354	354	325limited to: adding square footage to existing school facilities; building envelope improvements;
355	355	326heating, ventilating, and cooling upgrades; lighting retrofits; installing or upgrading an energy
356	356	327management system; motor, pump, or fan replacements; domestic water use reductions; 17 of 46
357	357	328information technology improvements associated with an energy conservation improvement to
358	358	329school facilities; mechanical insulation; municipal utility improvements associated with an
359	359	330energy conservation improvement to school facilities; and upgrading other energy consuming
360	360	331equipment or appliances
361	361	332 (c) As used in this legislation, the term “environmental justice communities” refers to a
362	362	333population with an annual median household income of not more than 65 per cent of the
363	363	334statewide median income or with a segment of the population that consists of residents that is not
364	364	335less than 25 per cent minority, foreign born or lacking in English language proficiency based on
365	365	336the most recent United States census.
366	366	337 (d) As used in this legislation, the term “historically marginalized communities” refers to
367	367	338a community that has historically suffered from discrimination and has not had equal access to
368	368	339public or private economic benefits due to the race, ethnicity, gender, geography, language
369	369	340preference, immigrant or citizen status, sexual orientation, gender identity, socioeconomic status,
370	370	341or disability status of its members.
371	371	342 (d) As used in this legislation, the term “Office” refers to the Healthy and Sustainable
372	372	343Schools Office.
373	373	344 (e) As used in this legislation, the term “renewable energy systems” refers to energy
374	374	345generated from any source that qualifies as a Class I or Class II renewable energy source under
375	375	346sections 11F of chapter 25A.
376	376	347 (f) As used in this legislation, the term “School Building Authorities” refers to the
377	377	348Massachusetts School Building Authority, University of Massachusetts Building Authority, and
378	378	349Massachusetts State College Building Authority. 18 of 46
379	379	350 SECTION 19. Chapter 25A of the General Laws is hereby further amended by adding the
380	380	351following section:
381	381	352 Section 20(C): An Act Relative to Healthy and Sustainable Schools Act
382	382	353 (a) All public institutions of higher education, municipally-owned institutions of higher
383	383	354education, and public elementary and secondary schools shall receive Energy audits. Energy
384	384	355audits shall be provided to schools at no cost. Energy audits shall be performed within 24 months
385	385	356after the effective date of this Act.
386	386	357 (b) Energy audits shall be prioritized for all public institutions of higher education,
387	387	358municipally-owned institutions of higher education, and public elementary and secondary
388	388	359schools located in environmental justice communities.
389	389	360 (c) Public institutions of higher education, municipally-owned institutions of higher
390	390	361education, and public elementary and secondary schools that are located in environmental justice
391	391	362communities shall receive priority for any energy efficiency improvements or installations of
392	392	363renewable energy systems that are authorized under this act.
393	393	364 SECTION 20. Chapter 25A of the General Laws is hereby further amended by adding the
394	394	365following section:
395	395	366 Section 20(D): An Act Relative to Healthy and Sustainable Schools- Healthy and
396	396	367Sustainable Schools Office
397	397	368 (a) In the department of energy resources within the executive office of energy and
398	398	369environmental affairs, there shall be a Healthy and Sustainable Schools Office. The Office shall
399	399	370carry out its duties and responsibilities in coordination with School Building Authorities. 19 of 46
400	400	371 (b) The Office shall have a director appointed by the Governor; two members appointed
401	401	372by the State Senate, one of whom shall be a representative of organized labor; and two members
402	402	373appointed by the Assembly, one of whom shall be a representative of organized labor. The
403	403	374Office shall employ architects, consulting engineers, attorneys, construction, financial and other
404	404	375experts, superintendents, managers, and such other employees and agents as may be necessary in
405	405	376its judgment.
406	406	377 (c) The Office shall conduct energy audits at all public institutions of higher education,
407	407	378municipally-owned institutions of higher education, and public elementary and secondary
408	408	379schools. Energy audits shall be prioritized for public institutions of higher education,
409	409	380municipally-owned institutions of higher education, and public elementary and secondary
410	410	381schools located in environmental justice communities.
411	411	382 (d) The results of each energy audit shall be memorialized by the Office and shall be
412	412	383provided to the applicable school and School Building Authorities. The Office shall retain a copy
413	413	384of each energy audit and promptly make the results available for public inspection on its website.
414	414	385Any information sensitive to school safety and security shall be redacted before being made
415	415	386public.
416	416	387 (e) The Office shall facilitate implementing recommended energy efficiency
417	417	388improvements and installing renewable energy systems on or nearby school property. The Office
418	418	389is authorized and encouraged to aggregate projects to maximize efficiency, including but not
419	419	390limited to negotiating bulk purchases of renewable energy and energy efficiency equipment,
420	420	391energy audits, and installation services. The Office shall prioritize installing energy efficiency 20 of 46
421	421	392improvements and renewable energy systems at schools located in environmental justice
422	422	393communities.
423	423	394 (f) Third party contractors shall be prohibited from performing both energy audits and
424	424	395installing energy efficiency improvements and renewable energy systems at the same school.
425	425	396 (g) The Office shall seek public input from stakeholders, including but not limited to
426	426	397school boards, labor union representatives, and community representatives when implementing
427	427	398recommended energy efficiency improvements and installing renewable energy systems.
428	428	399 (h) The Office is authorized to make and enter into all contracts and agreements
429	429	400necessary or incidental to the performance of its duties and the execution of its powers under this
430	430	401act.
431	431	402 (i) The office shall ensure that contractors and subcontractors of all tiers engaging in the
432	432	403construction and installation of energy efficiency improvements and renewable energy systems
433	433	404submit sworn certifications as part of the bidding process that the firm will:
434	434	405 (1) Provide documentation of its participation in State or Federally registered
435	435	406apprenticeship training program(s) for each trade in which it employs craft workers.
436	436	407 (2) Ensure that each employee on the project will be paid, at minimum, wages and
437	437	408benefits that are not less than the prevailing wage and fringe benefits rates as prescribed in
438	438	409sections 26 through 27D of Chapter 149, for the corresponding classification in which the
439	439	410employee is employed.
440	440	411 (3) Comply with the Commonwealth’s public bidding laws, including G.L. c. 149, s.
441	441	41244A, c. 149A, s.8, and c. 30, s. 39M, as applicable. 21 of 46
442	442	413 (4) Comply with all other Federal, State, and Local laws.
443	443	414 (5) Prioritize hiring residents from environmental justice communities and members of
444	444	415historically marginalized communities.
445	445	416 (6) Comply with all State and Local hiring goals for women, minorities, and veterans.
446	446	417 (7) Provide documentation of its partnership(s) with high-quality preapprenticeship
447	447	418 training programs.
448	448	419 (8) Become signatory to a project labor agreement if such an agreement is selected as the
449	449	420project delivery method for the construction project by the contracting authority.
450	450	421 A bid will not be considered complete and ready for review until all certifications have
451	451	422been submitted as part of its bid package. The failure to include complete and accurate
452	452	423certifications prior to the bid deadline shall be grounds for disqualification from the bidding
453	453	424process.
454	454	425 (i) The Office shall ensure that contractors and subcontractors of all tiers, as part of the
455	455	426bid process, disclose and certify the following:
456	456	427 (1) Contractors and sub-contractors on the project are currently, and will remain, in
457	457	428compliance with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or
458	458	42929 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the duration of the project.
459	459	430 (2) Contractors and sub-contractors on the project, have complied with Massachusetts
460	460	431General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and
461	461	432Federal anti-discrimination laws for the last three (3) calendar years. 22 of 46
462	462	433 (3) When contractors or sub-contractors on the project cannot meet the certification
463	463	434requirements provided for in Paragraphs (1) and (2) of this subsection, the contractors or
464	464	435subcontractors must submit proof of a wage bond or other comparable form of insurance in an
465	465	436amount equal to the aggregate of one year’s gross wages for all workers projected to be
466	466	437employed by the contractor or sub-contractor for which certification is unavailable, to be
467	467	438maintained for the life of the project.
468	468	439 SECTION 21.
469	469	440 Chapter 25A of the Massachusetts General Laws is hereby amended by adding the
470	470	441following new Section:
471	471	442 Section 20(E): An Act Relative to Healthy and Sustainable Schools- Funding
472	472	443 (a) The State shall appropriate funds to a revolving fund to finance activities authorized
473	473	444under this act, including but not limited to providing energy assessments and installing energy
474	474	445efficiency improvements and renewable energy systems on or nearby school property. The
475	475	446Office shall be responsible for administering this fund.
476	476	447 (b) The Office shall make application for, receive, and accept funding from local and
477	477	448federal sources to carry out its duties, including but not limited to the following sources:
478	478	449 (i) funding authorized under the Infrastructure Investment and Jobs Act, including but not
479	479	450limited to funding programs under the Department of Energy’s State and Community Energy
480	480	451Program,
481	481	452 (ii) funding authorized under the Inflation Reduction Act, including but not limited to the
482	482	453Greenhouse Gas Reduction Fund, 23 of 46
483	483	454 (iii) funding authorized under the American Rescue Plan Act, including but not limited to
484	484	455funds for elementary and secondary emergency relief,
485	485	456 (iv) State bonds,
486	486	457 (v) funding from green banks, and
487	487	458 (vi) department funding.
488	488	459 SECTION 22. Section 2 of chapter 25B of the General Laws, as appearing the 2022
489	489	460official edition is hereby amended by inserting after the definition of “Electricity Ratio” the
490	490	461following definition:-
491	491	462 “Fast DC”, a galvanically-connected EVSE that includes an off-board charger and
492	492	463provides DC current greater than or equal to 80 amperes DC.
493	493	464 SECTION 23. Said section 2 of said chapter 25B, as so appearing, is hereby further
494	494	465amended by inserting after the definition of “Lamp” the following 2 definitions:-
495	495	466 “Level 1”, a galvanically-connected EVSE with a single-phase input voltage nominally
496	496	467120 volts AC and maximum output current less than or equal to 16 amperes AC.
497	497	468 “Level 2”, a galvanically-connected EVSE with a single-phase input voltage range from
498	498	469208 to 240 volts AC and maximum output current less than or equal to 80 amperes AC.
499	499	470 SECTION 24. Section 2 of chapter 25B of the General Laws is hereby further amended
500	500	471by inserting after the definition of “Faucet” the following 2 definitions:-
501	501	472 “Flexible demand”, means the capability to schedule, shift, or curtail the electrical
502	502	473demand of a load-serving entity’s customer through direct action by the customer or through 24 of 46
503	503	474action by a third party, the load-serving entity, or a grid balancing authority, with the customer’s
504	504	475consent.
505	505	476 SECTION 25. Section 5 of said chapter 25B, as so appearing, is hereby amended by
506	506	477inserting after the paragraph ending with “No state-regulated general service lamp shall be sold
507	507	478or offered for sale in the commonwealth unless the efficiency of the new product meets or
508	508	479exceeds the efficiency standards provided in this section” the following paragraph:-
509	509	480 The commissioner may also adopt, by regulation, and periodically update, standards for
510	510	481any appliances to facilitate the deployment of flexible demand technologies. These regulations
511	511	482may include labeling provisions to promote the use of appliances with flexible demand
512	512	483capabilities. The flexible demand appliance standards shall be based on feasible and attainable
513	513	484efficiencies or feasible improvements that will enable appliance operations to be scheduled,
514	514	485shifted, or curtailed to reduce emissions of greenhouse gases associated with electricity
515	515	486generation. The standards shall become effective no sooner than one year after the date of their
516	516	487adoption or updating.
517	517	488 SECTION 26 . Section 5 of chapter 25B of the General Laws is hereby amended by
518	518	489striking out paragraph (20) and inserting in place thereof the following:
519	519	490 (20) Electric vehicle supply equipment included in the scope of the ENERGY STAR
520	520	491Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version
521	521	4921.0 (Rev. Apr-2017) or latest applicable version of ENERGY STAR for Electric Vehicle Supply
522	522	493Equipment, shall meet the qualification criteria of that specification.
523	523	494 “No new, commercial dishwasher, commercial fryer, commercial hot-food holding
524	524	495cabinet, commercial oven, commercial steam cooker, computer or computer monitor, faucet, 25 of 46
525	525	496high CRI fluorescent lamp, portable electric spa, residential ventilating fan, showerhead, spray
526	526	497sprinkler body, urinal, water closet or water cooler shall be sold or offered for sale, lease or rent
527	527	498in the commonwealth unless the efficiency of the new product meets or exceeds the efficiency
528	528	499standards set forth in the regulations adopted pursuant to this section. No state-regulated
529	529	500general service lamp shall be sold or offered for sale in the commonwealth unless the efficiency
530	530	501of the new product meets or exceeds the efficiency standards provided in this section.”
531	531	502 SECTION 27. Section 5 of said chapter 25B, as appearing in the 2022 official edition, is
532	532	503hereby further amended by striking out the first and second paragraphs and inserting in place
533	533	504thereof the following paragraph:-
534	534	505 The commissioner may by regulation update the level of the energy efficiency standards
535	535	506for minimum energy efficiency standards for the types of new products set forth in clauses (f) to
536	536	507(y), inclusive, of section 3. Any revision of such standards shall be based upon the determination
537	537	508by the commissioner that such efficiency levels are cost-effective to the users, as a group, of the
538	538	509covered appliance or lamp. Any standard revised pursuant to this section which conflicts with a
539	539	510corresponding standard in the state plumbing code shall take precedence over the standard in said
540	540	511code. Any standard revised pursuant to this section shall not take effect for at least one year after
541	541	512its adoption.
542	542	513 SECTION 28. Chapter 85 of the General Laws is hereby amended by adding the
543	543	514following section:
544	544	515 Section 38. (a) As used in this section, the following words shall have the following
545	545	516meanings unless the context clearly requires otherwise: 26 of 46
546	546	517 “Correlated color temperature” or “CCT”, the apparent hue of the light emitted by a
547	547	518fixture, expressed in kelvins (K).
548	548	519 “Façade lighting”, illumination of exterior surfaces of buildings for the enhancement of
549	549	520their nighttime appearance, achieved by shining light onto building surfaces, or by internal or
550	550	521external illumination of translucent building surfaces, or with fixtures solely for decorative
551	551	522function.
552	552	523 “Fixture”, a complete lighting unit, including a light source together with the parts
553	553	524designed to distribute the light, to position and protect the light source and connect the light
554	554	525source to the power supply.
555	555	526 “Fully shielded fixture”, a fixture that in its mounted position has an uplight value of U0
556	556	527as defined by the Illuminating Engineering Society’s standards publication TM-15-20
557	557	528(Luminaire Classification System for Outdoor Luminaires).
558	558	529 “Glare”, light emitted by a fixture that causes visual discomfort or reduced visibility.
559	559	530 “Illuminance”, the luminous power incident per unit area of a surface.
560	560	531 “Light trespass”, light that falls beyond the property it is intended to illuminate.
561	561	532 “Lumen”, a standard unit of measurement of the quantity of light emitted from a source
562	562	533of light.
563	563	534 “Municipal funds”, bond revenues or money appropriated or allocated by the governing
564	564	535body of a town or city within the Commonwealth. 27 of 46
565	565	536 “Ornamental lighting”, a lighting fixture that has a historical or decorative appearance
566	566	537and that serves a decorative function in addition to serving to light a roadway, parking lot,
567	567	538walkway, plaza, or other area.
568	568	539 “Parking-lot lighting”, a permanent outdoor fixture specifically intended to illuminate an
569	569	540uncovered vehicle-parking area.
570	570	541 “Part-night service”, a rate charged by a utility company to provide unmetered electricity
571	571	542for permanent outdoor fixtures that operate for only a portion of each night’s dusk-to-dawn
572	572	543cycle.
573	573	544 “Permanent outdoor fixture”, a fixture for use in an exterior environment installed with
574	574	545mounting not intended for relocation.
575	575	546 “Roadway lighting”, a permanent outdoor fixture specifically intended to illuminate a
576	576	547public roadway.
577	577	548 “Sky glow”, scattered light in the atmosphere that is caused by light directed upward or
578	578	549sideways from fixtures, reducing an individual’s ability to view the natural night sky.
579	579	550 “State funds”, bond revenues or money appropriated or allocated by the general court.
580	580	551 “Uplight,” direct light emitted above a horizontal plane through the fixture’s lowest light-
581	581	552emitting part in its mounted position
582	582	553 (b) State or municipal funds must not be used to install or cause to be installed a new
583	583	554permanent outdoor fixture or to pay for the cost of operating a new permanent outdoor fixture,
584	584	555for the specific purposes listed below, unless the following conditions are met: 28 of 46
585	585	556 (i) Fixtures used for roadway lighting or parking-lot lighting, whether mounted to poles,
586	586	557buildings or other structures, must be fully shielded unless they are Ornamental lighting fixtures,
587	587	558or are fixtures used to light tunnels or roadway underpasses;
588	588	559 (ii) Ornamental lighting fixtures must emit fewer than 500 lumens of Uplight;
589	589	560 (iii) “Fixtures used for Roadway lighting must not be more numerous than is necessary
590	590	561for adequate vehicular and pedestrian safety, as determined by the current lighting-needs criteria
591	591	562published by the Federal Highway Administration and the Illuminating Engineering Society;”
592	592	563 (iv) Building-mounted fixtures must be fully shielded unless they are Façade lighting
593	593	564fixtures;
594	594	565 (v) Façade lighting fixtures must be selected and installed to direct the light onto the
595	595	566intended target, and must be shielded, so that glare, sky glow, and light trespass are minimized;
596	596	567 (vi) Fixtures used to light historic structures, flags, monuments, statuary and works of art
597	597	568must be selected and installed to direct the light onto the intended target, and must be shielded,
598	598	569so that glare, sky glow, and light trespass are minimized;
599	599	570 (vii) Fixtures used to light athletic playing areas must be selected and installed so as to
600	600	571minimize glare, light trespass and sky glow outside the athletic playing area;
601	601	572 (viii) Fixtures installed for any purpose must have a correlated color temperature that is
602	602	573not greater than 3000 K unless (1) an exemption up to 4000 K is granted, in which case a public
603	603	574safety need must be demonstrated; or (2) the fixtures are used exclusively for the decorative
604	604	575illumination through color of certain building façade or landscape features; or (3) the fixtures are
605	605	576used to illuminate athletic playing areas. 29 of 46
606	606	577 (ix) Lighting installed for any purpose should provide maintained illuminance levels
607	607	578equal to the minimum values recommended by the Illuminating Engineering Society for the
608	608	579intended application and may not exceed those recommended minimum values by more than
609	609	58050% unless a demonstrated and verified need exists for higher levels to ensure safety or security.
610	610	581 (c) This section shall not apply: (i) if it is preempted by federal law; (ii) if the outdoor
611	611	582lighting fixture is used temporarily for emergency, repair, construction or similar activities; (iii)
612	612	583to navigational and other lighting systems necessary for aviation and nautical safety; (iv) if a
613	613	584compelling and bona fide safety or security need exists that cannot be addressed by another
614	614	585reasonable method; (v) to the replacement of a previously installed permanent outdoor fixture
615	615	586that is destroyed, damaged or inoperative, has experienced electrical failure due to failed
616	616	587components, or requires standard maintenance; (vi) to festoon lighting as deﬁned in the NFPA 70
617	617	588National Electrical Code, or (vii) to fixtures installed for any specific purpose that is not listed in
618	618	589(b) above.
619	619	590 (d) The Massachusetts Department of Energy Resources, in consultation with the
620	620	591Massachusetts Department of Transportation, shall:
621	621	592 (i) develop and promulgate regulations to implement and enforce this section; provided,
622	622	593however, that if a municipal or county ordinance or regulation specifies lower illuminance levels,
623	623	594the illuminance level required for the intended purpose by the ordinance or regulation shall be
624	624	595used; and
625	625	596 (ii) develop and promulgate regulations to ensure that the use of state or municipal funds,
626	626	597including, but not limited to, operating costs for new permanent outdoor fixtures for roadway 30 of 46
627	627	598lighting or parking-lot lighting installed by electric distribution companies and municipal
628	628	599aggregators, comply with this section.
629	629	600 SECTION 29. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby
630	630	601amended by striking out the definition of "Gas company" and inserting in place thereof the
631	631	602following definition:-
632	632	603 “Gas company”, a corporation originally organized for the purpose of making and selling
633	633	604or distributing and selling gas within the Commonwealth, though subsequently authorized to
634	634	605make or sell electricity. A gas company may make, sell, or distribute geothermal energy,
635	635	606including networked geothermal and deep geothermal energy.
636	636	607 SECTION 30. Section 30 of chapter 164, of the General Laws, as so appearing, is hereby
637	637	608amended by inserting after the word “therein”, in line 4 the following words:- ; provided,
638	638	609however, that the expansion of a company’s gas system does not increase greenhouse gas
639	639	610emissions.
640	640	611 SECTION 31. Chapter 186 of the General Laws, as appearing in the 2022 official edition,
641	641	612is hereby amended by inserting after section 22 the following section:-
642	642	613 Section 22A: (a) For the purposes of this section the following words shall have the
643	643	614following meanings:
644	644	615 ''Common area'', any portion of a building with more than 1 dwelling unit that is not
645	645	616incorporated within a dwelling unit. 31 of 46
646	646	617 ''Dwelling unit'', any house or building, or portion thereof, that is occupied, designed to
647	647	618be occupied, or is rented, leased or hired out to be occupied, as a home or residence of one or
648	648	619more persons.
649	649	620 “Electric heat pump,” an apparatus for heating or cooling that transfers heat by
650	650	621mechanical means from or to an external reservoir such as the ground, water, or outside air.
651	651	622 “Energy monitoring system,” a system of software tools that monitor, analyze, and
652	652	623control building energy use and system performance.
653	653	624 ''Landlord'', the owner, lessor or sublessor of a dwelling unit, the building of which it is a
654	654	625part, or the premises wherein a customer receives electric service through metered measurement.
655	655	626 (b) Notwithstanding any general or special law, rule, or regulation, to the contrary, the
656	656	627operation in rental housing of an energy monitoring system installed prior to July 1, 1997 or after
657	657	628July 1, 2024, whereby the cost of heat or air conditioning is allocated or charged by the owner to
658	658	629the occupant based upon measurements made by a computerized energy monitoring system,
659	659	630provided that such equipment shall be installed by a licensed electrician and shall meet the
660	660	631standards of accuracy and testing of the National Electrical Contractors Association or a similar
661	661	632accredited association, and pursuant to a written rental agreement shall be permitted; provided,
662	662	633however that cost allocations initiated after July 1, 2024 shall be permitted only for heating or
663	663	634cooling costs from an electric heat pump.
664	664	635 (c) A landlord may charge an occupant of a dwelling unit for the cost of heat or air
665	665	636conditioning as measured through the use of an energy monitoring system only in accordance
666	666	637with this section and only upon the landlord certifying that the dwelling unit is in compliance
667	667	638with this section to a board of health, health department or other municipal agency or department 32 of 46
668	668	639charged with enforcement of the state sanitary code. Certification by the landlord shall be
669	669	640provided under the penalties of perjury and shall include a statement that the dwelling unit is
670	670	641eligible for the imposition on the occupant of a charge for the cost of heat or air conditioning in
671	671	642accordance with subsection (d) and the energy monitoring system measuring the use of heat or
672	672	643air conditioning in the dwelling unit was installed by a licensed electrician and is in compliance
673	673	644with subsection (b).
674	674	645 (d) A dwelling unit shall become eligible for the imposition on the occupant of a charge
675	675	646for the cost of heat or air conditioning only upon the commencement of a new tenancy in such
676	676	647dwelling unit.
677	677	648 (e) A landlord may not charge the occupant of a dwelling unit separately for heat or air
678	678	649conditioning usage measured by an energy monitoring system, nor allow such occupant to be so
679	679	650charged, unless the energy monitoring system measures only heat or air conditioning that is
680	680	651supplied for the exclusive use of the particular dwelling unit and only to an area within the
681	681	652exclusive possession and control of the occupant of such dwelling unit and does not measure any
682	682	653heat or air conditioning usage for any portion of the common areas or by any other party or
683	683	654dwelling unit.
684	684	655 (f) A landlord may not charge the occupant separately, nor allow an occupant to be
685	685	656charged separately, for heat or air conditioning usage measured by an energy monitoring system
686	686	657unless the occupant has signed a written rental agreement that clearly and conspicuously
687	687	658provides for such separate charge and that fully discloses in plain language the details of the heat
688	688	659or air conditioning usage measured by an energy monitoring system and billing arrangement
689	689	660between the landlord and the occupant. Each bill for heat or air conditioning usage measured by 33 of 46
690	690	661an energy monitoring system shall clearly set forth all charges and all other relevant information,
691	691	662including, but not limited to, the current and immediately preceding energy monitoring system
692	692	663readings and the date of each such reading, the heat or air conditioning usage since the last
693	693	664reading, the charge per unit of heat or air conditioning, the total charge and the payment due
694	694	665date. A bill shall not include any upcharges on the value of energy used for heat or air
695	695	666conditioning, late payments, penalty fees, or interest for late payments, for all electricity
696	696	667provided to the premises through the electric company meter. Such charges shall be billed to the
697	697	668occupant in at least as many periods as the landlord is billed by the electric company providing
698	698	669electric service to the building or such payments may be made on a monthly payment schedule as
699	699	670agreed to in the written rental agreement; provided, however, that if the landlord bills the
700	700	671occupant on a monthly basis, payment of the bill by the occupant shall be due 15 days after the
701	701	672date the bill is mailed to the occupant, but if the landlord bills the occupant at intervals greater
702	702	673than 1 month, payment of the bill by the tenant shall be due 30 days after the date the bill is
703	703	674mailed to the occupant.
704	704	675 (g) Whenever a tenancy in a dwelling unit commences after the beginning, but before the
705	705	676end, of a billing period for which the landlord has not been billed by the electric company, the
706	706	677landlord shall mail to the occupant on the first day of such tenancy the reading on the energy
707	707	678monitoring system for the dwelling unit as of that day. The landlord may thereafter bill the
708	708	679occupant only for the heat or air conditioning measured on the energy monitoring system
709	709	680subsequent to such reading.
710	710	681 (h) Whenever a tenancy in a dwelling unit terminates after the beginning, but before the
711	711	682end, of a billing period for which the landlord has not been billed by the electric company, the
712	712	683landlord shall give to the occupant on the last day of such tenancy the reading on the energy 34 of 46
713	713	684monitoring system for the dwelling unit as of that day together with a final bill for heat and air
714	714	685conditioning usage in the dwelling unit since the last prior reading of the energy monitoring
715	715	686system for such dwelling unit.
716	716	687 (i) A landlord shall not charge or recover, or allow to be charged or recovered, any
717	717	688additional servicing, administrative, establishment, energy monitoring-reading, energy
718	718	689monitoring-testing, billing, or energy monitoring system fee or other fee whatsoever, however
719	719	690denominated.
720	720	691 (j) In the event of nonpayment of a bill to an electric company by the landlord, such
721	721	692electric company shall have all the remedies against the customer of the electric company
722	722	693available pursuant to any law, rule or regulation. A landlord may not shut off or refuse heating or
723	723	694air conditioning service to an occupant on the basis that the occupant has not paid a separately
724	724	695assessed energy monitoring usage charge.
725	725	696 (k) The landlord shall retain an affirmative obligation to maintain in good working order
726	726	697the electric heat pump system supplying heat or air conditioning to each dwelling unit and any
727	727	698component thereof and to respond in a timely manner to any request by the occupant for the
728	728	699repair of any defect or malfunctioning in such system. In the event of any overcharge by the
729	729	700landlord or any violation of the state sanitary code, the occupant shall have all rights and
730	730	701remedies provided under law for such overcharges or such violations including, but not limited
731	731	702to, the rights and remedies provided under chapters 111, 186 and 239.
732	732	703 (l) Upon receipt of a bill for heat or air conditioning usage from the landlord and within
733	733	704the time allowed for paying the bill, an occupant may request that a person or entity with
734	734	705expertise in the installation and operation of energy monitoring systems and with no financial or 35 of 46
735	735	706other relationship with the landlord, test the energy monitoring system for the dwelling unit
736	736	707leased by the occupant to determine whether it is accurately measuring the heat or air
737	737	708conditioning being used in the dwelling unit. If the energy monitoring system is found to be
738	738	709measuring more heat or air conditioning than is being used in the dwelling unit, the landlord
739	739	710shall install a new energy monitoring system at their own expense and shall also pay for the cost
740	740	711of the test. In addition, the person or entity conducting the test shall determine as accurately as
741	741	712possible the amount of heat or air conditioning that was improperly measured by the energy
742	742	713monitoring system in both the prior and current billing periods. The landlord shall calculate the
743	743	714amount the occupant was overcharged for the prior billing period and reduce the bill by that
744	744	715amount, or, if the occupant has already paid the bill, give the occupant a rebate in that amount.
745	745	716Upon receipt from the electric company of the bill for the current billing period, the landlord
746	746	717shall calculate the amount of the bill attributable to the excessive measurement by the energy
747	747	718monitoring system and reduce the bill to the occupant by that amount prior to sending it to the
748	748	719occupant. If the energy monitoring system is found to be measuring no more heat or air
749	749	720conditioning than is being used in the dwelling unit, the occupant shall pay for the cost of the
750	750	721test; provided, however, that if the occupant does not pay for the cost of the test, the landlord
751	751	722may add such cost to the next bill sent to the occupant and such cost shall be considered a part of
752	752	723the bill for purposes of paragraph (f) and clause (i) of subsection (4) of section 15B of chapter
753	753	724186.
754	754	725 (m) Upon request of an affected occupant, the consumer division of the department of
755	755	726public utilities shall have jurisdiction to determine whether the allocation of costs for heating and
756	756	727air conditioning usage to such occupant was substantially correct. 36 of 46
757	757	728 (n) Nothing in this section shall be construed to increase or expand, change, eliminate,
758	758	729reduce or otherwise limit the liabilities or obligations of any electric company that are set forth in
759	759	730any law, rule, regulation or order to the occupant of a dwelling unit who is receiving electric
760	760	731service provided to the building by the electric company.
761	761	732 (o) Nothing in this section shall affect or impair the powers and duties of the department
762	762	733of public utilities with respect to electric services under chapter 164. Nothing in this section
763	763	734shall affect or impair the power and duties of the attorney general with respect to consumer
764	764	735protection.
765	765	736 (p) No agreement under this section may impose an additional annual cost burden,
766	766	737consisting of the net of rental cost adjustment and allocation of heating and cooling costs, on the
767	767	738occupant of any dwelling unit in a public ousing development pursuant to chapter 200 of the acts
768	768	739of 1948, chapter 667 of the acts of 1954, chapter 705 of the acts of 1966, or chapter 689 of the
769	769	740acts of 1974.
770	770	741 (q) The department of public health shall promulgate regulations to the state sanitary
771	771	742code as it determines to be necessary to implement this section. The department of public
772	772	743utilities may promulgate regulations as it determines to be necessary to implement this section.
773	773	744The attorney general may promulgate regulations as it determines to be necessary to implement
774	774	745this section
775	775	746 SECTION 32. Section 3 of chapter 149 of the Acts of 2014 is hereby repealed.
776	776	747 SECTION 33. Section 370 of the acts of 2018 is hereby repealed. 37 of 46
777	777	748 SECTION 34. Section 53 of Chapter 179 of the Acts of 2022 is hereby amended by
778	778	749inserting the following section after section 92C:-
779	779	750 Section 92D. (a) Specific to achieving clause v of subsection a of section 92B,
780	780	751notwithstanding any other requirements of Sections 92B or 92C, and building on the
781	781	752Massachusetts executive office of energy and environmental affairs intergovernmental
782	782	753coordinating council EV deployment plan published in August 2023 and the electric distribution
783	783	754company electric sector modernization plans filed January 2024, the department of energy
784	784	755resources and Massachusetts department of transportation, in consultation with each EDC, and
785	785	756other key stakeholders such as EV Supply Equipment companies, EV Original Equipment
786	786	757Manufacturers, and Fleet operators, shall forecast EV charging demand through 2045 and
787	787	758identify sites to create a statewide network of fast charging hubs along Massachusetts highways
788	788	759and major roadways and charging capacity for fleet depots. By no later than two years following
789	789	760enactment of this legislation, each electric distribution company shall submit plans for
790	790	761implementation of distribution system build necessary to accommodate the highway charging
791	791	762network and fleet depots, and the department of public utilities shall approve the plans, if
792	792	763deemed reasonable.
793	793	764 (b) The department of energy resources and Massachusetts department of transportation,
794	794	765in consultation with each electric distribution company, and other key stakeholders such as EV
795	795	766Supply Equipment companies, EV Original Equipment Manufacturers, and Fleet operators, by
796	796	767no later than six months following enactment of this legislation, shall complete a study to
797	797	768forecast the 2045 electric demand from electric light-duty vehicle and medium- and heavy-duty
798	798	769vehicle charging at service plazas and other locations along Massachusetts highways and major 38 of 46
799	799	770roadways, based on current traffic patterns and expected adoption of EVs to meet the
800	800	771Massachusetts 2045 climate goals.
801	801	772 (c) Within six months of, and based on the 2045 electric charging demand determined
802	802	773Section 92D. (b), the department of energy resources, Massachusetts department of
803	803	774transportation, and the electric distribution companies, and in consultation with other key
804	804	775stakeholders such as EV Supply Equipment companies, EV Original Equipment Manufacturers,
805	805	776Fleet operators and EJ Communities shall identify optimal sites along or near Massachusetts
806	806	777highways and major roadways in each electric distribution company service territory, which are
807	807	778suitable to host electric vehicle fast charging hubs to create a statewide network and meet the
808	808	779anticipated demand in 2045. Identification of such priority sites for electric vehicle fast charging
809	809	780stations should include, but not be limited to, consideration of the following: (i) ease of access
810	810	781for both consumer and commercial electric vehicles; (ii) cost-effective and efficient use of
811	811	782existing electric company infrastructure and rights-of-way; (iii) land use feasibility; (iv) potential
812	812	783ability to qualify for public funds, including, but not limited to, those funds made available under
813	813	784the Federal Infrastructure Investment and Jobs Act (IIJA) signed into U.S. Law in 2021; and (v)
814	814	785impact on environmental justice communities.
815	815	786 (d) Within six months of identification of such electric vehicle fast charging hub sites,
816	816	787each electric distribution company shall develop a plan to proactively design and build the
817	817	788additional distribution infrastructure investments necessary on its system to satisfy, at a
818	818	789minimum, the year 2045 projected charging demand at the applicable sites. The associated
819	819	790infrastructure investments shall also be designed to accommodate any additional projected future
820	820	791needs for the area identified by the electric distribution company. 39 of 46
821	821	792 (e) Within six months of each electric distribution company submitting its plan for the
822	822	793additional infrastructure investments required for the identified electric vehicle fast charging hub
823	823	794sites,. The department of public utilities shall promptly consider the plan, and if it finds the plan
824	824	795to be a reasonable approach to accommodate the increased transportation electrification
825	825	796necessary to facilitate achievement of the statewide greenhouse gas emissions limits under
826	826	797chapter 21N, shall approve the plan. Each electric distribution company shall be entitled to full
827	827	798cost recovery of all charges for the infrastructure investments resulting from the plan.
828	828	799 (f) Within 18 months following enactment of this legislation, each electric distribution
829	829	800company, in consultation with other key stakeholders such as EV Supply Equipment companies,
830	830	801EV Original Equipment Manufacturers, Fleet operators and EJ Communities, shall identify
831	831	802distribution upgrades necessary to support the electrification of at least five industrial areas with
832	832	803fleet depots, including factors to prioritize sites impacting environmental justice communities[i].
833	833	804Within 6 months of the EDCs submitting their plans, the department of public utilities shall
834	834	805promptly consider the plan, and if it finds the plan to be a reasonable approach to accommodate
835	835	806the increased transportation electrification necessary to facilitate achievement of the statewide
836	836	807greenhouse gas emissions limits under chapter 21N, shall approve the plan. Each electric
837	837	808distribution company shall be entitled to cost recovery of charges for the infrastructure
838	838	809investments resulting from the plan.
839	839	810 SECTION 35. Subsection 81(a) of chapter 179 of the acts of 2022 is hereby amended by
840	840	811inserting after the words “commissioner of public utilities or designee;” the following words:-
841	841	812the executive director of the Massachusetts clean energy technology center or designee;. 40 of 46
842	842	813 SECTION 36. The Massachusetts Department of Transportation shall review and issue a
843	843	814report on existing roadway lighting and lighting operational costs. The report shall include a
844	844	815review of standards and other criteria for roadway lighting and an analysis of lighting operational
845	845	816costs; a review of roadway lighting’s impact on human health, human safety, and environmental
846	846	817impact; actions taken by the department to comply with current standards; procedures and
847	847	818accepted best practices relative to roadway lighting; and a plan to reduce lighting operational
848	848	819costs through the replacement of existing high-wattage, unshielded fixtures with lower-wattage,
849	849	820fully shielded fixtures and the replacement of unnecessary roadway lighting with the installation
850	850	821of passive safety measures. The department shall issue its report to the Department of Energy
851	851	822Resources and the clerks of Senate and the House of Representatives not later than January 1,
852	852	8232024.
853	853	824 SECTION 37. The Massachusetts Department of Public Utilities shall, subject to its
854	854	825ratemaking authority:
855	855	826 (a) develop a rate for part-night service that applies to dimmable and controls-operated
856	856	827fixtures used for unmetered roadway or parking-lot lighting.
857	857	828 (b) develop a rate for unmetered roadway or parking-lot lighting fixtures utilizing less
858	858	829than 25 watts of electricity.
859	859	830 SECTION 38. Notwithstanding any general or special law to the contrary, subject to
860	860	831availability of sufficient proceeds, the department of energy resources shall expend amounts
861	861	832from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws
862	862	833to fund the green communities program established in section 10 of chapter 25A of the General
863	863	834Laws, and to fund the Electric Vehicle Adoption Incentive Trust Fund established in Section 41 of 46
864	864	83519(a) of Chapter 25A of the General Laws. All payments made from the fund shall be prioritized
865	865	836so that the initial payments from the fund shall be made to the green communities, electric
866	866	837vehicle incentive and transportation electrification programs; provided, however, that not less
867	867	838than $27,000,000 shall be available for electric vehicle incentive programs each year for Fiscal
868	868	839Years ending June 30, 2025, June 30, 2026, and June 30, 2027.
869	869	840 SECTION 39. (a) For the purposes of this section the following words shall have the
870	870	841following meanings:
871	871	842 “Association” means any association of homeowners, community association,
872	872	843condominium association, cooperative, or any other nongovernmental entity with covenants,
873	873	844bylaws, and administrative provisions with which a homeowner's compliance is required.
874	874	845 “Dedicated parking space” refers to both parking spaces that are located within an
875	875	846owner’s separate interest, as well as parking spaces that are in a common area, but subject to
876	876	847exclusive use rights of an owner, including, but not limited to, a deeded parking space, a garage
877	877	848space, a carport, or a parking space that is specifically designated for use by a particular owner.
878	878	849 "Electric vehicle charging station" means a station that is designed in compliance with
879	879	850Article 625 of the National Electrical Code and delivers electricity from a source outside an
880	880	851electric vehicle into one or more electric vehicles. An electric vehicle charging station may
881	881	852include several charge points simultaneously connecting several electric vehicles to the station.
882	882	853 “Historic district commission” means a commission responsible for administering the
883	883	854rules and regulations of a historic district established by a community pursuant to chapter 40C of
884	884	855the General Laws. 42 of 46
885	885	856 “Municipal governing body” means the legislative decision-making body of a city or
886	886	857town.
887	887	858 “Neighborhood conservation district” means a district established by a municipal
888	888	859governing body as part of the local zoning code or bylaws for the express purpose of protecting
889	889	860the architectural character of a neighborhood.
890	890	861 “Owner” means a person or persons who own a separate lot, unit, or interest, along with
891	891	862an undivided interest or membership interest in the common area of the entire project, including
892	892	863but not limited to condominiums, planned unit developments, and parcels subject to a
893	893	864homeowners’ association.
894	894	865 “Reasonable restrictions” means restrictions that do not significantly increase the cost of
895	895	866the station or its installation, significantly decrease its efficiency or specified performance, or
896	896	867effectively prohibit the installation altogether.
897	897	868 “Separate interest” means the separate lot, unit, or interest to which an owner has
898	898	869exclusive rights of ownership.
899	899	870 (b) Associations, historic district commissions, and neighborhood conservation districts
900	900	871may not prohibit or unreasonably restrict an owner from installing an electric vehicle charging
901	901	872station on or in areas subject to their separate interest, on or in areas to which they have
902	902	873exclusive use, or on a common element, so long as it was within a reasonable distance of the
903	903	874dedicated parking space. Nothing in this section shall be construed to prohibit an association,
904	904	875historic district commission, or neighborhood conservation district from making reasonable
905	905	876restrictions. 43 of 46
906	906	877 (c) Installation of any electric vehicle charging station is subject to the following
907	907	878provisions: (i) the electric vehicle charging station shall be installed at the owners’ expense; (ii)
908	908	879the electric vehicle charging station must be installed by a licensed contractor or electrician; (iii)
909	909	880an electric vehicle charging station shall conform to: (A) all applicable health and safety
910	910	881standards and requirements imposed by national, state, and local authorities; and (B) all other
911	911	882applicable zoning, land use or other ordinances, or land use permits.
912	912	883 (d) An association, historic district commission, or neighborhood conservation district
913	913	884may require an owner to submit an application before installing a charging station, subject to the
914	914	885following provisions: (i) if the association, historic district commission, or neighborhood
915	915	886conservation district requires such an application, the application shall be processed and
916	916	887approved by the association, historic district commission, or neighborhood conservation district
917	917	888in the same manner as an application for approval of an architectural modification to the
918	918	889property, and shall not be willfully avoided or delayed; (ii) the association, historic district
919	919	890commission, or neighborhood conservation district shall approve the application if the owner
920	920	891complies with the association, historic district commission, or neighborhood conservation
921	921	892district’s architectural standards and the provisions of this section; (iii) the approval or denial of
922	922	893an application shall be in writing; (iv) if an application is not denied in writing within 60 days
923	923	894from the date of receipt of the application, the application shall be deemed approved, unless that
924	924	895delay is the result of a reasonable request for additional information; and (v) the association,
925	925	896historic district commission, or neighborhood conservation district may not assess or charge the
926	926	897owner any fees for the placement of any electric vehicle charging station, beyond reasonable fees
927	927	898for processing the application, provided that such fees exist for all applications for approval of
928	928	899architectural modifications. 44 of 46
929	929	900 (e) The owner and each successive owner of the separate interest or with exclusive rights
930	930	901to the area where the electric vehicle charging station is installed is responsible for: (i) disclosing
931	931	902to prospective buyers the existence of any charging station of the owner and the related
932	932	903responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers
933	933	904whether the electric vehicle charging station is removable and whether the owner intends to
934	934	905remove the station in order to install it at the owner’s new place of residence; (iii) costs for the
935	935	906maintenance, repair, and replacement of the electric vehicle charging station until the charging
936	936	907station has been removed, and for restoration of the common area after removal; (iv) costs for
937	937	908damage to the electric vehicle charging station, common area, exclusive common area, or a
938	938	909separate interest resulting from the installation, maintenance, repair, removal, or replacement of
939	939	910the charging station; (v) the cost of electricity associated with the electric vehicle charging
940	940	911station, provided however, that the owner shall connect the electric vehicle charging station to
941	941	912their own electric utility account unless the licensed contractor performing the installation deems
942	942	913that to be impossible; provided further, that if the connection is deemed impossible, the
943	943	914association, historic district commission, or neighborhood conservation district shall allow the
944	944	915owner to connect the electric vehicle charging station to the common electricity account, but may
945	945	916require reimbursement by the owner to the association, historic district commission, or
946	946	917neighborhood conservation district for the electricity costs, per the owner’s responsibility for
947	947	918such costs; and (vi) removing the electric vehicle charging station if reasonably necessary for the
948	948	919repair, maintenance, or replacement of any property of the association, historic district
949	949	920commission, or neighborhood conservation district, or separate interests. 45 of 46
950	950	921 (f) An association may install an electric vehicle charging station in the common area for
951	951	922the use of all members of the association and, in that case, the association shall develop
952	952	923appropriate terms of use for the charging station.
953	953	924 SECTION 40. (a) By no later than twelve months following enactment of this
954	954	925legislation, each local unit of government shall adopt a land use ordinance or bylaws that:
955	955	926 (1) create an expedited, streamlined permitting process for electric vehicle charging
956	956	927stations, including electric vehicle charging stations installed in the public right-of-way, with
957	957	928binding timeline for the review and approval of permit applications not to exceed thirty days;
958	958	929 (2) classify all levels of electric vehicle charging stations as permitted accessory and
959	959	930primary use in all zoning districts;
960	960	931 (3) address electric vehicle charging in parking minimum requirements, specifically that
961	961	932a parking space served by an electric vehicle charging station or any parking spaces used to site
962	962	933electric vehicle charging equipment must be counted as at least one standard automobile parking
963	963	934space and that any van-accessible parking space shall count as at least two standard automobile
964	964	935parking spaces for the purpose of complying with any applicable minimum parking
965	965	936requirements;
966	966	937 (4) specify that review of applications to install electric vehicle charging stations,
967	967	938including electric vehicle charging stations installed in the public right-of-way, shall be limited
968	968	939to the building official’s review of whether the installation meets all health and safety
969	969	940requirements under local, state, and federal law and shall be administratively approved through
970	970	941the issuance of a building permit or similar nondiscretionary permit. 46 of 46
971	971	942 (h) The department of energy resources and Massachusetts department of transportation,
972	972	943in consultation with the appropriate and affected parties, by no later than six months following
973	973	944enactment of this legislation, shall develop and publish a model land use ordinance that local
974	974	945governments may elect to adopt. Upon completion, the department of energy resources and
975	975	946Massachusetts department of transportation must post the model ordinance to the department’s
976	976	947internet website and notify local units of government of its availability.
977	977	948 (i) The department of energy resources and Massachusetts department of transportation
978	978	949may periodically publish amendments to the model ordinance to reflect increased electric vehicle
979	979	950adoption and technological advances in the State. Any update shall not require a rulemaking
980	980	951process. Upon completion of any amendment, the department of energy resources and
981	981	952Massachusetts department of transportation must post the updated model ordinance to the
982	982	953department’s internet website and notify local units of government of the amendments.
983	983	954 SECTION 41. Sections 7 through 10 of this act shall take effect January 1, 2028.
984	984	955 SECTION 42. Section 11 of this act shall take effect January 1, 2026.
985	985	956 SECTION 43. Sections 28 and 36 shall take effect on January 1, 2024.
986	986	957 SECTION 44. Pursuant to section 16, a commercial electric vehicle charging station
987	987	958operating in MA as of January 1, 2025, shall be required to register with the division of standards
988	988	959no later than January 1, 2026.