1 of 108
HOUSE . . . . . . . . . . . . . . . No. 4884
Text of amendments, recommended by the committee on Ways and Means, see House document
numbered 4876, to the Senate Bill upgrading the grid and protecting ratepayers (Senate, No.
2838), as amended and adopted by the House. July 17, 2024.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
By striking out all after the enacting clause and inserting in place thereof the following:–
1 “SECTION 1. Chapter 21A of the General Laws is hereby amended by adding the
2following 2 sections:-
3 Section 29. There shall be an office of environmental justice and equity within the
4executive office of energy and environmental affairs, which shall be administered by an
5undersecretary of environmental justice and equity who shall be appointed and may be removed
6by the secretary. The office shall be responsible for implementing environmental justice
7principles, as defined in section 62 of chapter 30, in the operation of each office and agency
8under the executive office. The office shall develop standards and guidelines governing the
9potential use and applicability of: (i) community benefit plans and agreements; and (ii)
10cumulative impact analyses in developing energy infrastructure with input from representatives
11from utilities, the renewable energy industry, local government, environmental justice
12community organizations, environmental sectors and other representatives as deemed appropriate
13by the office. 2 of 108
14 Section 30. The executive office of energy and environmental affairs shall establish and
15periodically update a methodology for determining the suitability of sites for clean energy
16generation facilities, clean energy storage facilities and clean transmission and distribution
17infrastructure facilities in newly established public rights of way. The methodology shall include
18multiple geospatial screening criteria to evaluate sites for: (i) development potential; (ii) climate
19change resilience; (iii) carbon storage and sequestration; (iv) biodiversity; and (v) social and
20environmental benefits and burdens. The executive office shall require facility development
21project proponents to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate
22siting impacts and environmental and land use concerns. The executive office shall develop and
23periodically update guidance to inform state, regional and local regulations, ordinances, by-laws
24and permitting processes on ways to avoid, minimize or mitigate impacts on the environment and
25people to the greatest extent practicable.
26 SECTION 1A. Section 3 of chapter 23J of the General Laws, as appearing in the 2022
27Official Edition, is hereby amended by inserting after the words “clean energy industry”, in line
28141, the following words:- , including, but not limited to, collaboration with state and federally
29licensed labor apprenticeship and pre-apprenticeship programs providing training in the
30commonwealth;
31 SECTION 2. Section 9A of said chapter 23J, as so appearing, is hereby amended by
32inserting after the word “support”, in line 78, the following words:- and to issue and maintain
33technical guidance on the center’s website.
34 SECTION 3. Chapter 25 of the General Laws is hereby amended by striking out section
3512N, as so appearing, and inserting in place thereof the following section:- 3 of 108
36 Section 12N. There is hereby established within the department, and under the general
37supervision and control of the commission, a facility siting division, which shall be under the
38charge of a director appointed by the commission. The facility siting division, hereinafter
39referred to as the division, shall perform such functions as the commission deems necessary for
40the administration, implementation and enforcement of sections 69G to 69W, inclusive, of
41chapter 164 imposed upon the department and the energy facilities siting board by said sections.
42 The division shall maintain a real-time, online clean energy infrastructure dashboard. The
43division shall, in cooperation with the executive office of energy and environmental affairs and
44its affiliated departments and offices, create, maintain and update the dashboard by collecting,
45facilitating the collection of, and reporting comprehensive data and information related to: (i)
46accelerating the responsible deployment of clean energy infrastructure through siting and
47permitting reform in a manner consistent with applicable legal requirements, including, but not
48limited to, greenhouse gas emissions limits and sublimits set under chapter 21N; (ii) facilitating
49community input into the siting and permitting of clean energy infrastructure; and (iii) ensuring
50that the benefits of clean energy deployment are shared equitably among all residents of the
51commonwealth; provided, however, that the dashboard shall, at a minimum, report for the most
52recent reporting period and in the aggregate the number of facility applications filed, decided or
53pending information, including, but not limited to: (a) the number of applications deemed
54incomplete and the number of applications constructively approved; (b) the average duration of
55application review; and (c) average staffing levels delineated by job classification. The
56dashboard shall make use of bar charts, line charts and other visual representations to facilitate
57public understanding of both recent performance and long-term and cumulative trends and 4 of 108
58outcomes of clean energy deployment. The division shall convene a stakeholder process for the
59purpose of developing and informing the design and content of the dashboard.
60 SECTION 4. The first paragraph of section 12Q of said chapter 25, as so appearing, is
61hereby amended by striking out the second sentence and inserting in place thereof the following
62sentence:- The department shall credit to the fund: (i) appropriations or other money authorized
63or transferred by the general court and specifically designated to be credited to the fund; (ii) a
64portion of assessments collected pursuant to section 18, as determined by the department; (iii) a
65portion of application fees, as determined by the department, collected pursuant to section 69J1/2
66of chapter 164; and (iv) income derived from the investment of amounts credited to the fund.
67 SECTION 5. Said chapter 25 is hereby further amended by inserting after section 12R the
68following 2 sections:-
69 Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting
70Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or
71other money authorized or transferred by the general court and specifically designated to be
72credited to the fund; (ii) a portion of assessments collected pursuant to section 18, as determined
73by the department; (iii) a portion of application fees, as determined by the department, collected
74pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iv) any non-ratepayer
75funded sources obtained through gifts, grants, contributions and bequests of funds from any
76department, agency or subdivision of federal, state or municipal government or any individual,
77foundation, corporation, association or public authority; and (v) income derived from the
78investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust
79and shall be expended solely, without further appropriation, for the purposes set forth in section 5 of 108
80149 of chapter 164, consistent with the requirements set forth in said section 149 of said chapter
81164 and any regulations promulgated thereunder. Any unexpended balance in the fund at the
82close of a fiscal year shall remain in the fund and shall not revert and shall be available for
83expenditure in subsequent fiscal years.
84 Section 12T. There shall be a division of public participation within the department and
85under the general supervision and control of the commission, which shall be under the charge of
86a director appointed by the commission. The division of public participation, hereinafter referred
87to as the division, shall perform such functions as the commission may determine and shall be
88responsible for assisting individuals, local governments, community organizations and other
89entities before the department or the energy facilities siting board. With respect to matters before
90the department, the division shall assist such parties with navigating filing requirements,
91opportunities to provide comment and intervene and facilitating dialogue among parties to
92proceedings. With respect to siting and permitting matters under the jurisdiction of the energy
93facilities siting board, the division shall assist individuals, local governments, community
94organizations, project applicants and other entities with navigating pre-filing consultation and
95engagement requirements, clarifying filing requirements, identifying opportunities to intervene
96and facilitating dialogue among stakeholders involved in the permitting process and shall assist
97with coordinating with other state, regional and local officials, including the office of
98environmental justice and equity established by section 29 of chapter 21A, involved in the pre-
99filing consultation process, pre-filing engagement process and the permitting process generally.
100The director and staff of the division shall not participate as adjudicatory staff in matters before
101the department or in reviewing applications submitted to the energy facilities siting board, nor
102shall they serve as legal counsel to or otherwise represent any party before the department or the 6 of 108
103energy facilities siting board. The director shall be responsible for making final determinations
104with respect to intervenor funding support requests made pursuant to section 149 of chapter 164
105and administering all aspects of the intervenor support grant program established pursuant to said
106section 149 of said chapter 164.
107 SECTION 6. Section 18 of said chapter 25, as appearing in the 2022 Official Edition, is
108hereby amended by inserting after the third paragraph the following 2 paragraphs:-
109 The commission may make an assessment against each electric company under the
110jurisdictional control of the department, based upon the intrastate operating revenues subject to
111the jurisdiction of the department of each such company derived from sales within the
112commonwealth of electric service, as shown in the annual report of each such company to the
113department. The assessments shall be made at a rate not exceeding 0.1 per cent of such intrastate
114operating revenues, as shall be determined and certified annually by the commission as sufficient
115to reimburse the commonwealth for: (i) funds appropriated by the general court for the operation
116and general administration of the energy facilities siting board, exclusive of the cost of fringe
117benefits established by the comptroller pursuant to section 5D of chapter 29, including group life
118and health insurance, retirement benefits, paid vacations, holidays and sick leave; and (ii) funds
119for a clean energy infrastructure dashboard, as required to be maintained by the facility siting
120division pursuant to section 12N. The funds may be used by the energy facilities siting board to
121compensate consultants in hearings on petitions filed by companies subject to assessment under
122this section. Assessments made under this section may be credited to the normal operating cost
123of each company. Each company shall pay the amount assessed against it not later than 30 days
124after the date of the notice of assessment from the department. The department shall collect such
125assessments and credit a portion of said assessments to the department of public utilities energy 7 of 108
126facilities siting board trust fund established by section 12Q and the Department of Public
127Utilities and Energy Facilities Siting Board Intervenor Support Fund established by section 12S.
128Any funds unexpended in any fiscal year for the purposes for which such assessments were made
129shall be credited against the assessment to be made in the following fiscal year and the
130assessment in the following fiscal year shall be reduced by any such unexpended amount.
131 For the purpose of providing the department with funds to be used to provide support to
132intervenors in the department or energy facilities siting board proceedings consistent with section
133149 of chapter 164, the commission may make a separate assessment proportionally against each
134electric and gas company under the jurisdictional control of the department, based upon the
135intrastate operating revenues subject to the jurisdiction of the department of each of such
136companies derived from sales within the commonwealth of electric and gas service, as shown in
137the annual report of each of such companies to the department. Such assessments shall be made
138at a rate as shall be determined and certified annually by the commission as sufficient to produce
139an annual amount of not more than $3,500,000. The amount of the assessment may be increased
140by the commission annually by a rate not to exceed the most recent annual consumer price index
141as calculated for the northeast region for all urban consumers; provided, however, that the
142assessment may be increased by the commission by a rate exceeding such index upon a finding
143that additional funding is necessary to meet the demand for grant funding from prospective
144grantees. Each company shall pay the amount assessed against it not later than 30 days after the
145date of the notice of assessment from the department. Such assessments shall be collected by the
146department and credited to the department of public utilities and energy facilities siting board
147intervenor support trust fund established by section 12S. Any funds unexpended in any fiscal
148year and remaining in the fund shall be credited against the assessment to be made in the 8 of 108
149following fiscal year and the assessment in the following fiscal year shall be reduced by any such
150unexpended amount.
151 SECTION 7. Section 2 of chapter 25A of the General Laws, as so appearing, is hereby
152amended by striking out the second paragraph and inserting in place thereof the following
153paragraph:-
154 There shall be within the department 4 divisions: (i) a division of energy efficiency,
155which shall work with the department of public utilities regarding energy efficiency programs;
156(ii) a division of renewable and alternative energy development, which shall oversee and
157coordinate activities that seek to maximize the installation of renewable and alternative energy
158generating sources that will provide benefits to ratepayers, advance the production and use of
159biofuels and other alternative fuels as the division may define by regulation and administer the
160renewable portfolio standard and the alternative portfolio standard; (iii) a division of green
161communities, which shall serve as the principal point of contact for local governments and other
162governmental bodies concerning all matters under the jurisdiction of the department of energy
163resources, with the exception of matters involving the siting and permitting of small clean energy
164infrastructure facilities; and (iv) a division of clean energy siting and permitting, which shall
165establish standard conditions, criteria and requirements for the siting and permitting of small
166clean energy infrastructure facilities by local governments and provide technical support and
167assistance to local governments, small clean energy infrastructure facility project proponents and
168other stakeholders impacted by the siting and permitting of small clean energy infrastructure
169facilities at the local government level. Each division shall be headed by a director appointed by
170the commissioner and who shall be a person of skill and experience in the field of energy
171efficiency, renewable energy or alternative energy, energy regulation or policy and land use and 9 of 108
172planning, respectively. The directors shall be the executive and administrative heads of their
173respective divisions and shall be responsible for administering and enforcing the law relative to
174their division and to each administrative unit thereof under the supervision, direction and control
175of the commissioner. The directors shall serve at the pleasure of the commissioner, shall receive
176such salary as may be determined by law and shall devote full time during regular business hours
177to the duties of the office. In the case of an absence or vacancy in the office of any director, or in
178the case of disability as determined by the commissioner, the commissioner may designate an
179acting director to serve as director until the vacancy is filled or the absence or disability ceases.
180The acting director shall have all the powers and duties of the director and shall have similar
181qualifications as the director.
182 SECTION 8. Section 3 of said chapter 25A, as so appearing, is hereby amended by
183striking out the definition of “Qualified RPS resource” and inserting in place thereof the
184following definition:-
185 “Qualified RPS resource”, a renewable energy generating source, as defined in
186subsection (c) or subsection (d) of section 11F, that has: (i) installed a qualified energy storage
187system at its facility; or (ii) commenced operation on or after January 1, 2019, provided,
188however, that a qualified RPS resource that commenced operation prior to January 1, 2019 shall
189be considered to have the commercial operation date of when the resource is co-located with a
190qualified energy storage system having a minimum nominal useful energy capacity of not less
191than 25 per cent of the nameplate power rating of the qualified RPS resource, or is contractually
192paired with a qualified energy storage system having a minimum nominal useful energy capacity
193of not less than 25 per cent of the nameplate power rating of the qualified RPS resource for 4
194hours. 10 of 108
195 SECTION 9. Section 6 of said chapter 25A, as so appearing, is hereby amended by
196striking out, in line 56, the word “and”.
197 SECTION 10. Said section 6 of said chapter 25A, as so appearing, is hereby further
198amended by striking out, in line 63, the words “chapter 21N.” and inserting in place thereof the
199following words:- chapter 21N; and
200 (15) develop and promulgate, regulations, criteria, guidelines, and standard conditions,
201criteria, and requirements that establish parameters for the siting, zoning, review and permitting
202of small clean energy infrastructure facilities by local government pursuant to section 21.
203 SECTION 11. Section 11F of said chapter 25A, as so appearing, is hereby amended by
204striking out, in lines 44 and 45 and line 84, the words “or (9) geothermal energy”, each time they
205appear, and inserting in place thereof, in each instance, the following words:- (9) geothermal
206energy; or (10) fusion energy.
207 SECTION 12. Said section 11F of said chapter 25A, as so appearing, is hereby further
208amended by striking out, in line 116, the words “or (10) geothermal energy” and inserting in
209place thereof the following words:- (10) geothermal energy; or (11) fusion energy.
210 SECTION 13. Said chapter 25A is hereby further amended by inserting after section 17
211the following section:-
212 Section 17A. (a) The department of energy resources may develop a statewide energy
213storage incentive program to encourage the continued development of energy storage resources
214connected to the electric distribution system throughout the commonwealth. If the department
215elects to develop said program, the department shall promulgate rules and regulations 11 of 108
216implementing an energy storage incentive program which: (i) promotes the orderly transition to a
217stable and self-sustaining energy storage market at a reasonable cost to ratepayers; (ii) considers
218underlying system costs, including, but not limited to, storage costs, balance of system costs,
219installation costs and soft costs; (iii) takes into account any federal or state incentives; (iv)
220minimizes direct and indirect program costs and barriers; (v) considers environmental benefits,
221energy demand reduction, distribution system benefits and other avoided costs provided by
222energy storage resources; (vi) encourages energy storage resource deployment where it can
223provide benefits to the distribution system; (vii) ensures that the costs of the program are shared
224collectively among all ratepayers of the distribution companies; and (viii) promotes investor
225confidence through long-term incentive revenue certainty and market stability.
226 (b) If the department proposes a tariff-based mechanism for the incentive program under
227this section, such program may include, to the extent feasible, both energy and environmental
228attributes, as defined by the department. Environmental attributes of the energy storage resources
229receiving incentives pursuant to this section shall be eligible for use by retail electric suppliers
230for compliance with their obligations pursuant to section 17.
231 SECTION 14. Said chapter 25A is hereby further amended by adding the following 2
232sections:-
233 Section 21. (a) As used in this section, the following words shall, unless the context
234clearly requires otherwise, have the following meanings:
235 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
236produced by the accelerated biodegradation of organic materials under controlled anaerobic
237conditions; and (ii) has been determined by the department, in coordination with the department 12 of 108
238of environmental protection, to qualify under department of energy resources regulations as a
239Class I renewable energy generating source under section 11F.
240 “Local government”, a municipality or regional agency, inclusive of the Cape Cod
241Commission, established by chapter 716 of the acts of 1989, and the Martha’s Vineyard
242Commission, established by chapter 831 of the acts of 1977, that has permitting authority over
243small clean energy infrastructure facilities.
244 “Small clean energy generation facility”, energy generation infrastructure with a
245nameplate capacity of less than 25 megawatts that is an anaerobic digestion facility, solar facility
246or wind facility, including any ancillary structure that is an integral part of the operation of the
247small clean energy generation facility or, following a rulemaking by the department in
248consultation with the energy facilities siting board in which the facility type is added to the
249regulatory definition of a small clean energy generation facility, any other type of generation
250facility that produces no greenhouse gas emissions or other pollutant emissions known to have
251negative health impacts; provided, however, that the nameplate capacity for solar facilities shall
252be calculated in direct current.
253 “Small clean energy infrastructure facility”, a small clean energy generation facility,
254small clean energy storage facility or small clean transmission and distribution infrastructure
255facility.
256 “Small clean energy storage facility”, an energy storage system as defined in section 1 of
257chapter 164 with a rated capacity of less than 100 megawatt hours, including any ancillary
258structure that is an integral part of the operation of the small clean energy storage facility. 13 of 108
259 “Small clean transmission and distribution infrastructure facility”, electric transmission
260and distribution infrastructure and related ancillary infrastructure, including: (i) electric
261transmission line reconductoring or rebuilding projects; (ii) new or substantially altered electric
262transmission lines located in an existing transmission corridor that are not more than 10 miles
263long, including any ancillary structure that is an integral part of the operation of the transmission
264line; (iii) new or substantially altered electric transmission lines located in a new transmission
265corridor that are not more than 1 mile long, including any ancillary structure that is an integral
266part of the operation of the transmission line; (iv) any other electric transmission infrastructure,
267including standalone transmission substations and upgrades and any ancillary structure that is an
268integral part of the operation of the transmission line and that does not require zoning
269exemptions; and (v) electric distribution-level projects that meet a certain threshold, as
270determined by the department; provided, however, that the “small clean transmission and
271distribution infrastructure facility” shall be: (A) designed, fully or in part, to directly interconnect
272or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B)
273designed to ensure electric grid reliability and stability; or (C) designed to help facilitate the
274electrification of the building and transportation sectors; and provided further, that a “small clean
275transmission and distribution infrastructure facility” shall not include new transmission and
276distribution infrastructure facilities that solely interconnect new or existing generation powered
277by fossil fuels to the electric grid on or after January 1, 2026.
278 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
279 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity. 14 of 108
280 (b) The department shall establish standards, requirements and procedures governing the
281siting and permitting of small clean energy infrastructure facilities by local governments that
282shall include: (i) uniform sets of public health, safety, environmental and other standards,
283including zoning criteria, that local governments shall require for the issuance of permits for
284small clean energy infrastructure facilities; (ii) a common standard application for small clean
285energy infrastructure facility project applicants submitting a permit application to local
286governments; (iii) uniform pre-filing requirements for small clean energy infrastructure facilities,
287which shall include specific requirements for public meetings and other forms of outreach that
288must occur in advance of an applicant submitting an application; (iv) standards for applying site
289suitability guidance developed by the executive office of energy and environmental affairs
290pursuant to section 30 of chapter 21A to evaluate the social and environmental impacts of
291proposed small clean energy infrastructure facilities in new rights of way, which shall include a
292mitigation hierarchy to be applied during the permitting process to avoid or minimize or, if
293impacts cannot be avoided or minimized, mitigate negative impacts of siting on the environment,
294people and the commonwealth’s goals and objectives for climate mitigation, resilience,
295biodiversity and protection of natural and working lands, to the extent practicable; (v) common
296conditions and requirements for a single permit consolidating all necessary local approvals to be
297issued for different types of small clean energy infrastructure facilities in the event that
298constructive approval is triggered through the non-issuance of a final decision by a local
299government pursuant to subsection (d); (vi) guidance for procedures and potential extensions of
300time should an applicant fail to respond to a request for information within a specified timeframe
301or proposes a significant revision to a proposed project; provided, however, that the department
302shall solicit public input in the development of such guidance; and (vii) responsible parties 15 of 108
303subject to enforcement actions, including in the event of sale of small clean energy infrastructure
304facilities after permitting. The department may promulgate rules and regulations allowing local
305governments to set fees for compensatory environmental mitigation for the restoration,
306establishment, enhancement or preservation of comparable environmental resources through
307funds paid to the local government or to a non-profit entity to be used at the election of an
308applicant to satisfy the standard of mitigation to the maximum extent practicable. Local
309governments acting in accordance with the standards established by the department for small
310clean energy generation facilities and small clean energy storage facilities pursuant to this
311subsection shall be considered to have acted consistent with the limitations on solar facility and
312small clean energy storage facility zoning under section 3 of chapter 40A. The department shall
313establish a transition or concurrency period for the effective date of any standards that it
314establishes.
315 (c) The proponent of a small clean energy infrastructure facility may submit a
316consolidated small clean energy infrastructure facility permit application seeking a single permit
317consolidating all necessary local permits and approvals. To initiate the permitting of a small
318clean energy infrastructure facility, an applicant may elect to submit an application, with
319supporting information in the form developed by the department pursuant to subsection (b), for
320the local government to conduct a consolidated review pursuant to the criteria and standards set
321forth in subsection (b) and using the process set forth in subsection (d). Local governments shall
322determine whether such consolidated small clean energy infrastructure facility permit application
323is complete not later than 30 days of receipt. If an application is deemed incomplete, the
324applicant shall have 30 days, and any additional time as determined by the local government, to 16 of 108
325cure any deficiencies before the application is rejected. In the event of a rejection of the
326application, the local government shall provide a detailed reasoning for the rejection.
327 (d)(1) Local governments shall issue a single, final decision on a consolidated small clean
328energy infrastructure facility permit application submitted pursuant to subsection (c), including
329all decisions necessary for a project to proceed with construction within 12 months of the receipt
330of a complete permit application; provided, however, that the permit shall not include any state
331permits that may be required to proceed with construction and operation of said facility. All local
332government authorities, boards, commissions, offices or other entities that may be required to
333issue a decision on 1 or more permits in response to the application for the small clean energy
334infrastructure facility may conduct reviews separately and concurrently. Such permits shall
335adhere to any requirements established by the department pursuant to subsection (b).
336 (2) If a final decision is not issued within 12 months of the receipt of a complete permit
337application, a constructive approval permit shall be issued by the local government that includes
338the common conditions and requirements established by the department for the type of small
339clean energy infrastructure facility under review.
340 (e) Individual decisions of local government authorities, boards, commissions, offices or
341other entities that would otherwise be required to issue 1 or more permits to the small clean
342energy infrastructure facility may not be appealed or reviewed independently. The only decision
343of a local government that is subject to further review is the single, final decision issued by the
344local government that is inclusive of all individual decisions necessary for a project to proceed
345with construction, which shall be reviewable via a de novo adjudication of the permit application 17 of 108
346by the director of the energy facilities siting division of the department of public utilities, as
347provided in subsection (f).
348 (f) Within 30 days of the single, final decision on a consolidated permit application by a
349local government described in subsections (d) and (e), project proponents and other individuals
350or entities substantially and specifically affected by a proposed small clean energy infrastructure
351facility may file a petition to request in writing a de novo adjudication of the permit application
352by the director of the facilities siting division pursuant to section 69W of chapter 164 following
353permit issuance, including constructive approval permits issued pursuant to subsection (d), or
354denials by a local government.
355 (g) If a local government lacks the resources, capacity or staffing to review a small clean
356energy infrastructure facility permit application within 12 months, it may, not later than 60 days
357after receipt of such application or at any time thereafter with the consent of the applicant,
358request in writing a de novo adjudication of such application by the director pursuant to section
35969W of chapter 164.
360 (h) The department shall promulgate regulations to implement this section in consultation
361with the Massachusetts Municipal Association, Inc., the department of public utilities, the
362department of environmental protection, the department of fish and game, the department of
363conservation and recreation, the department of agricultural resources, an office within the
364executive office of environmental affairs designated by the secretary for review of compliance
365with the Massachusetts environmental policy act, the office of environmental justice and equity,
366the executive office of health and human services, the executive office of housing and livable
367communities and the executive office of public safety and security. 18 of 108
368 (i) Nothing in subsections (c) to (g), inclusive, shall apply to a comprehensive permit
369pursuant to sections 20 to 23, inclusive, of chapter 40B. For the purpose of this section, the
370procedures and standards for filing and review of an application for a comprehensive permit that
371includes a small clean energy infrastructure facility shall be in accordance with said sections 20
372to 23, inclusive, of said chapter 40B.
373 (j) A request for proposal or solicitation under this section shall include the following
374certification and disclosure requirements:-
375 (i) documentation reflecting the applicant’s demonstrated commitment to workforce or
376economic development within the commonwealth;
377 (ii) a statement of intent concerning efforts that the applicant and its contractors and
378subcontractors will make to promote workforce or economic development through the project;
379 (iii) documentation reflecting the applicant’s demonstrated commitment to expand
380workforce diversity, equity and inclusion in its past projects within the commonwealth;
381 (iv) documentation as to whether the applicant and its contractors and subcontractors
382participate in a state or federally certified apprenticeship program and the number of apprentices
383the apprenticeship program has trained to completion for each of the last 5 years;
384 (v) a statement of intent concerning how or if the applicant and its contractors and
385subcontractors intend to utilize apprentices on the project, including whether each of its
386contractors and subcontractors on the project participates in a state or federally certified
387apprenticeship program; 19 of 108
388 (vi) documentation relative to the applicant and its contractors and subcontractors
389regarding their history of compliance with chapters 149, 151, 151A, 151B and 152, 29 U.S.C.
390section 201, et seq. and applicable federal anti-discrimination laws;
391 (vii) documentation that the applicant and its contractors and subcontractors are currently,
392and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152, 29 U.S.C. section
393201, et seq. and applicable federal anti-discrimination laws for the duration of the project;
394 (viii) detailed plans for assuring labor harmony during all phases of the construction,
395reconstruction, renovation, development, and operation of the project, including documentation
396of the applicant’s history with picketing, work stoppages, boycotts or other economic actions
397against the applicant and a description or plan of how the applicant intends to prevent or address
398such actions;
399 (ix) documentation relative to whether the applicant and its contractors have been found
400in violation of State or Federal safety regulations in the previous 10 years.
401 (k) The department may require a wage bond or other comparable form of insurance in an
402amount to be set by the department to ensure compliance with law, certifications or department
403obligations.
404 (l) A proposal or solicitation issued by the department shall notify applicants that
405applicants shall be disqualified from the project if the applicant has been debarred by the federal
406government or commonwealth for the entire term of the debarment.
407 (m) An applicant shall, in a timely manner, provide documentation and certifications as
408required by law or otherwise directed by the department. Incomplete or inaccurate information 20 of 108
409may be grounds for disqualification, dismissal or other action deemed appropriate by the
410department.
411 (n) The department shall give added weight to applicants that demonstrate compliance
412with the provisions of sections 26 to 27F, inclusive, of chapter 149, and have a history of
413participation with state or federally certified apprenticeship programs.
414 SECTION 15. Section 2 of chapter 25B of the General Laws, as appearing in the 2022
415Official Edition, is hereby amended by inserting after the definition of “Faucet” the following
416definition:-
417 “Flexible demand”, the capability to schedule, shift or curtail the electrical demand of a
418load-serving entity’s customer through direct action by the customer or through action by a third
419party, the load-serving entity or a grid balancing authority, with the customer’s consent.
420 SECTION 16. Section 5 of said chapter 25B, as so appearing, is hereby amended by
421inserting after the fifth paragraph the following paragraph:-
422 The commissioner may promulgate regulations to establish standards for any appliance to
423facilitate the deployment of flexible demand technology. These regulations may include labeling
424provisions to promote the use of appliances with flexible demand capabilities. The flexible
425demand appliance standards shall be based on feasible and attainable efficiencies or feasible
426improvements that will enable appliance operations to be scheduled, shifted or curtailed to
427reduce emissions of greenhouse gases associated with electricity generation.
428 SECTION 17. The second paragraph of section 62A of chapter 30 of the General Laws,
429as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof 21 of 108
430the following sentence:- This section and sections 62B to 62L, inclusive, shall not apply to the
431energy facilities siting board established under section 69H of chapter 164 or to any proponent or
432owner of a large clean energy infrastructure facility, as defined in section 69G of chapter 164, or
433small clean energy infrastructure facility, as defined in section 21 of chapter 25A, in relation to
434an application for a consolidated permit or petition for a de novo adjudication filed under
435sections 69T to 69W, inclusive, of chapter 164.
436 SECTION 18. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby
437amended by inserting after the definition of “Permit granting authority” the following definition:-
438 “Public service corporation”, (i) a corporation or other entity duly qualified to conduct
439business in the commonwealth that owns or operates or proposes to own or operate assets or
440facilities to provide electricity, gas, telecommunications, cable, water or other similar services of
441public need or convenience to the public directly or indirectly, including, but not limited to, an
442entity that owns or operates or proposes to own or operate electricity generation, storage,
443transmission or distribution facilities, or natural gas facilities including pipelines, manufacturing,
444and storage facilities; (ii) any transportation company that owns or operates or proposes to own
445or operate railways and related common carrier facilities; (iii) any communications company,
446including a wireless communications company or cable company that owns or operates or
447proposes to own or operate communications or cable facilities; and (iv) any water company that
448owns or operates or proposes to own or operate facilities necessary for its operations.
449 SECTION 19. Section 3 of said chapter 40A, as so appearing, is hereby amended by
450striking out, in line 65, and lines 74 and 82, the words “department of public utilities”, each time 22 of 108
451they appear, and inserting in place thereof, in each instance, the following words:- energy
452facilities siting board.
453 SECTION 19A. Chapter 30B of the General Laws is hereby amended by striking out
454section 23, as so appearing, and inserting in place thereof the following section:-
455 Section 23. Notwithstanding section 39M of chapter 30 or any other general or special
456law to the contrary, a governmental body may, pursuant to this chapter, procure electric school
457buses and the installation of electric vehicle supply equipment, as defined in section 2 of chapter
45825B, for said school buses. Electric school buses and the installation of related electric vehicle
459supply equipment may be procured separately or in 1 procurement. For the purposes of this
460section, electric school buses shall be considered supplies and electric vehicle supply equipment
461and its installation shall be considered services; provided, however, that if electric school buses
462and electric vehicle supply equipment and its installation are procured in a single procurement
463both shall be considered supplies.
464 A contract under this section shall only be awarded to a bidder who shall: (i) possess the
465skill, ability and integrity necessary for the faithful performance of the work; (ii) certify that it is
466able to furnish labor that can work in harmony with all other elements of labor employed or to be
467employed in the work; (iii) certify that all employees to be employed at the worksite will have
468successfully completed a course in construction safety and health approved by the United States
469Occupational Safety and Health Administration that is not less than 10 hours in duration at the
470time the employee begins work and furnish documentation of successful completion of said
471course with the first certified payroll report for each employee; and (iv) obtain within 10 days of
472the notification of contract award the security by bond required under section 29 of chapter 149; 23 of 108
473provided, however, that for the purposes of this section, “security by bond” shall mean the bond
474of a surety company qualified to do business under the laws of the commonwealth and
475satisfactory to the awarding authority; and provided further, that if there is more than 1 surety
476company, the surety companies shall be jointly and severally liable.
477 SECTION 20. Subsection (cc) of section 6 of chapter 62 of the General Laws, as so
478appearing, is hereby amended by striking out, in lines 1489 and 1490, the words “employ, in the
479aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in
480place thereof the following words:- employ not less than 50.
481 SECTION 21. Section 38MM of chapter 63 of the General Laws, as so appearing, is
482hereby amended by striking out, in lines 48 to 50, inclusive, the words “employ, in the aggregate
483with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof
484the following words:- employ not less than 50.
485 SECTION 22. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby
486amended by inserting before the definition of “Aggregator” the following definition:-
487 “Advanced metering infrastructure,”, a meter and network communications technology
488that measures, records and transmits electricity usage by the end user at a minimum of hourly
489intervals and is capable of providing data to the end user and authorized third parties in real time
490or near real time.
491 SECTION 23. Said section 1 of said chapter 164, as so appearing, is hereby further
492amended by inserting after the definition of “FERC” the following definition:- 24 of 108
493 “Fusion energy”, energy generated when nuclei from light atoms, such as hydrogen,
494combine to form a single heavier atom, such as helium.
495 SECTION 24. Said section 1 of said chapter 164, as so appearing, is hereby further
496amended by striking out the definition of “Gas company” and inserting in place thereof the
497following definition:-
498 “Gas company”, a corporation originally organized for the purpose of making and selling
499or distributing and selling, gas within the commonwealth, even though subsequently authorized
500to make or sell electricity. A gas company may make, sell or distribute utility-scale non-emitting
501thermal energy, including networked geothermal and deep geothermal energy.
502 SECTION 25. Said section 1 of said chapter 164, as so appearing, is hereby further
503amended by inserting after the word “hydroelectric”, in line 295, the following words:- ; fusion
504energy.
505 SECTION 26. Section 1F of said chapter 164, as so appearing, is hereby amended by
506striking out paragraph (4) and inserting in place thereof the following paragraph:-
507 (4)(i) The department shall require that distribution companies provide discounted rates
508for: (A) low-income customers comparable to the low-income discount rate in effect prior to
509March 1, 1998; and (B) eligible moderate-income customers. Said discounts shall be in addition
510to any reduction in rates that becomes effective pursuant to subsection (b) of section 1B on
511March 1, 1998, and to any subsequent rate reductions provided by a distribution company after
512said date pursuant to said subsection (b). The cost of such discounts shall be included in the rates
513charged to all other customers of a distribution company upon approval by the department. Each
514distribution company shall guarantee payment to the generation supplier for all power sold to 25 of 108
515low-income and eligible moderate-income customers at said discounted rates. Eligibility for the
516discount rates established herein shall be established upon verification of a low-income
517customer's receipt of any means tested public benefit or verification of eligibility for the low-
518income home energy assistance program, or its successor program, for which eligibility does not
519exceed 200 per cent of the federal poverty level based on a household’s gross income, and by
520criteria determined by the department for verification of an eligible moderate-income customer.
521Said public benefits may include, but shall not be limited to, assistance that provides cash,
522housing, food or medical care, including, but not limited to, transitional assistance for needy
523families, supplemental security income, emergency assistance to elders, disabled and children,
524food stamps, public housing, federally-subsidized or state-subsidized housing, the low-income
525home energy assistance program, veterans’ benefits and similar benefits. The department of
526energy resources shall make available to distribution companies the eligibility guidelines for said
527public benefit programs. Each distribution company shall conduct substantial outreach efforts to
528make said low-income or moderate-income discount available to eligible customers and shall
529annually report to the department of energy resources on its outreach activities and results.
530Outreach may include establishing an automated program of matching customer accounts with:
531(i) lists of recipients of said means tested public benefit programs and based on the results of said
532matching program, to presumptively offer a low-income discount rate to eligible customers so
533identified; and (ii) criteria established by the department for verification of a moderate-income
534customer to presumptively offer a moderate-income discount rate to eligible customers so
535identified; provided, however, that the distribution company, within 60 days of said presumptive
536enrollment, shall inform any such low-income customer or eligible moderate-income customer of 26 of 108
537said presumptive enrollment and all rights and obligations of a customer under said program,
538including the right to withdraw from said program without penalty.
539 In a program year in which maximum eligibility for the low-income home energy
540assistance program, or its successor program, exceeds 200 per cent of the federal poverty level, a
541household that is income eligible for the low-income home energy assistance program shall be
542eligible for the low-income discount rates required by this subparagraph.
543 (ii) A residential customer eligible for low-income or moderate-income discount rates
544shall receive the service on demand. Each distribution company shall periodically notify all
545customers of the availability and method of obtaining low-income or moderate-income discount
546rates. An existing residential customer eligible for a low-income or moderate-income discount on
547the date of the start of retail access who orders service for the first time from a distribution
548company shall be offered basic service by that distribution company.
549 The department shall promulgate rules and regulations requiring utility companies
550organized pursuant to this chapter to produce information, in the form of a mailing, webpage or
551other approved method of distribution, to their consumers, to inform them of available rebates,
552discounts, credits and other cost-saving mechanisms that can help lower their monthly utility
553bills, and send out such information semi-annually unless otherwise provided by this chapter.
554 (iii) There shall be no charge to any residential customer for initiating or terminating low-
555income or moderate-income discount rates, default service or standard offer service when said
556initiation or termination request is made after a regular meter reading has occurred and the
557customer is in receipt of the results of said reading. A distribution company may impose a
558reasonable charge, as set by the department through regulation, for initiating or terminating low- 27 of 108
559income or moderate-income discount rates, default service or standard offer service when a
560customer does not make such an initiation or termination request upon the receipt of said results
561and prior to the receipt of the next regularly scheduled meter reading. For purposes of this
562subsection, there shall be a regular meter reading conducted of every residential account not less
563than once every 2 months. Notwithstanding the foregoing, there shall be no charge when the
564initiation or termination is involuntary on the part of the customer.
565 SECTION 27. Section 69G of said chapter 164, as so appearing, is hereby amended by
566striking out, in line 1, the words “sixty-nine H to sixty-nine R” and inserting in place thereof the
567following words:- 69H to 69W.
568 SECTION 28. Said section 69G of said chapter 164, as so appearing, is hereby further
569amended by striking out the definition of “Applicant” and inserting in place thereof the following
5702 definitions:-
571 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
572produced by the accelerated biodegradation of organic materials under controlled anaerobic
573conditions; and (ii) has been determined by the department of energy resources, in coordination
574with the department of environmental protection, to qualify under the department of energy
575resources regulations as a Class I renewable energy generating source under section 11F of
576chapter 25A.
577 “Applicant”, a person or group of persons who submits to the department or board a long-
578range plan, a petition to construct a facility, a petition for a consolidated permit for a large clean
579energy infrastructure facility or small clean energy infrastructure facility, a petition for a
580certificate of environmental impact and public need, a notice of intent to construct an oil facility 28 of 108
581or any application, petition or matter referred by the chair of the department to the board
582pursuant to section 69H.
583 SECTION 29. Said section 69G of said chapter 164, as so appearing, is hereby further
584amended by inserting after the definition of “Certificate” the following definition:-
585 “Consolidated permit”, a permit issued by the board to a large clean energy infrastructure
586facility or a small clean energy infrastructure facility that includes all municipal, regional and
587state permits that the large or small clean energy infrastructure facility would otherwise need to
588obtain individually, with the exception of certain federal permits that are delegated to specific
589state agencies, as determined by the board.
590 SECTION 30. Said section 69G of said chapter 164, as so appearing, is hereby further
591amended by striking out the definition of “Department” and inserting in place thereof the
592following 3 definitions:-
593 “Cumulative impact analysis”, a written report produced by the applicant assessing any
594existing unfair or inequitable environmental burden and related public health consequences
595impacting a specific geographical area in which a facility, large clean energy infrastructure
596facility or small clean energy infrastructure facility is proposed from any prior or current private,
597industrial, commercial, state or municipal operation or project that has damaged the environment
598or impacted public health; provided, that if the analysis indicates that such a geographical area is
599subject to an existing unfair or inequitable environmental burden or related health consequence,
600the analysis shall identify any: (i) environmental and public health impact from the proposed
601project that would likely result in a disproportionate adverse effect on such geographical area;
602(ii) potential impact or consequence from the proposed project that would increase or reduce the 29 of 108
603effects of climate change on such geographical area; and (iii) proposed potential remedial actions
604to address any disproportionate adverse impacts to the environment, public health and climate
605resilience of such geographical area that may be attributable to the proposed project. Said
606cumulative impact analysis shall be developed in accordance with guidance established by the
607office of environmental justice and equity established pursuant to section 29 of chapter 21A and
608regulations promulgated by the board.
609 “Department”, the department of public utilities.
610 “Director”, the director of the facilities siting division appointed pursuant to section 12N
611of chapter 25, who shall serve as the director of the board.
612 SECTION 31. Said section 69G of said chapter 164, as so appearing, is hereby further
613amended by inserting after the word “capacity”, in line 46, the following words:- ; provided,
614however, that “facility” shall not include a large clean energy infrastructure facility or small
615clean energy infrastructure facility.
616 SECTION 32. Said section 69G of said chapter 164, as so appearing, is hereby further
617amended by striking out, in line 48, the words “and liquified natural gas”, and inserting in place
618thereof the following words:- liquified natural gas, renewable natural gas and hydrogen.
619 SECTION 33. Said section 69G of said chapter 164, as so appearing, is hereby further
620amended by striking out, in line 61, the figure “100” and inserting in place thereof the following
621figure:- 25.
622 SECTION 34. Said section 69G of said chapter 164, as so appearing, is hereby further
623amended by inserting after the definition of “Generating facility” the following 4 definitions:- 30 of 108
624 “Large clean energy generation facility”, energy generation infrastructure with a
625nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar
626facility or wind facility, including any ancillary structure that is an integral part of the operation
627of the large clean energy generation facility, or, following a rulemaking by the board in
628consultation with the department of energy resources that includes the facility within the
629regulatory definition of a large clean energy generation facility, any other type of generation
630facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for
631solar facilities shall be calculated in direct current.
632 “Large clean energy infrastructure facility”, a large clean energy generation facility, large
633clean energy storage facility or large clean transmission and distribution infrastructure facility.
634 “Large clean energy storage facility”, an energy storage system as defined under section
6351 with a rated capacity of not less than 100 megawatt hours, including any ancillary structure that
636is an integral part of the operation of the large clean energy storage facility.
637 “Large clean transmission and distribution infrastructure facility”, electric transmission
638and distribution infrastructure and related ancillary infrastructure that is: (i) an electric
639transmission line having a design rating of not less than 69 kilovolts and that is not less than 1
640mile in length on a new transmission corridor, including any ancillary structure that is an integral
641part of the operation of the transmission line; (ii) an electric transmission line having a design
642rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing
643transmission corridor except reconductored or rebuilt transmission lines at the same voltage,
644including any ancillary structure that is an integral part of the operation of the transmission line;
645(iii) any other electric transmission infrastructure requiring zoning exemptions, including 31 of 108
646standalone transmission substations and upgrades and any ancillary structure that is an integral
647part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore
648wind to the grid; provided, however, that the large clean transmission and distribution facility:
649(A) is designed, fully or in part, to directly interconnect or otherwise facilitate the
650interconnection of clean energy infrastructure to the electric grid; (B) is approved by the regional
651transmission operator in relation to interconnecting clean energy infrastructure; (C) is proposed
652to ensure electric grid reliability and stability; or (D) will help facilitate the electrification of the
653building and transportation sectors; and provided further, that a “large clean transmission and
654distribution infrastructure facility” shall not include new transmission and distribution
655infrastructure that solely interconnects new and existing energy generation powered by fossil
656fuels on or after January 1, 2026.
657 SECTION 35. Said section 69G of said chapter 164, as so appearing, is hereby further
658amended by striking out the definition of “Significant portion of his income” and inserting in
659place thereof the following 6 definitions:-
660 “Significant portion of their income”, 10 per cent of gross personal income for a calendar
661year; provided, however, that it shall mean 50 per cent of gross personal income for a calendar
662year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement,
663pension or similar arrangement. Income includes retirement benefits, consultants’ fees and stock
664dividends. Income shall not be received directly or indirectly from permit holders or applicants
665for a permit where it is derived from mutual fund payments or from other diversified investments
666over which the recipient does not know the identity of the primary sources of income.
667 “Small clean energy generation facility”, as defined in section 21 of chapter 25A. 32 of 108
668 “Small clean energy infrastructure facility”, as defined in section 21 of chapter 25A.
669 “Small clean energy storage facility”, as defined in section 21 of chapter 25A.
670 “Small clean transmission and distribution infrastructure facility”, as defined in section
67121 of chapter 25A.
672 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
673 SECTION 36. Said section 69G of said chapter 164, as so appearing, is hereby further
674amended by adding the following definition:-
675 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
676 SECTION 37. Section 69H of said chapter 164, as amended by section 292 of chapter 7
677of the acts of 2023, is hereby further amended by striking out the first 3 paragraphs and inserting
678in place thereof the following 4 paragraphs:-
679 There shall be an energy facilities siting board within the department, but not under the
680supervision or control of the department. The board shall implement the provisions contained in
681sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provide a reliable,
682resilient and clean supply of energy consistent with the commonwealth’s climate change and
683greenhouse gas reduction policies and requirements; (ii) ensure that large clean energy
684infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities
685avoid or minimize or, if impacts cannot be avoided or minimized, mitigate environmental
686impacts and negative health impacts to the extent practicable; (iii) ensure that large clean energy
687infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are,
688to the extent practicable, in compliance with energy, environmental, land use, labor, economic 33 of 108
689justice, environmental justice and equity and public health and safety policies of the
690commonwealth, its subdivisions and its municipalities; and (iv) ensure large clean energy
691infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are
692constructed in a manner that avoids or minimizes costs. The board shall review: (A) the need for,
693cost of and environmental and public health impacts of transmission lines, natural gas pipelines,
694facilities for the manufacture and storage of gas, oil facilities, large clean transmission and
695distribution infrastructure facilities and small clean transmission and distribution infrastructure
696facilities; and (B) the environmental and public health impacts of generating facilities, large
697clean energy generation facilities, small clean energy generation facilities, large clean energy
698storage facilities and small clean energy storage facilities.
699 Any determination made by the board shall describe the environmental and public health
700impacts, if any, of the large clean energy infrastructure facility, small clean energy infrastructure
701facility, facility or oil facility and shall include findings, including, but not be limited to, findings
702that: (i) efforts have been made to avoid or minimize or, if impacts cannot be avoided or
703minimized, mitigate environmental impacts; (ii) due consideration has been given to the findings
704and recommendations of local governments; (iii) in the case of large clean transmission and
705distribution infrastructure facilities, small clean transmission and distribution infrastructure
706facilities and natural gas pipelines, due consideration has been given to advanced transmission
707technologies, grid enhancement technologies, non-wires or non-pipeline alternatives, the repair
708or retirement of pipelines and other alternatives in an effort to avoid or minimize costs; (iv) in
709the case of large clean transmission and distribution infrastructure facilities and small clean
710transmission and distribution infrastructure facilities, the infrastructure or project will increase
711the capacity of the system to interconnect large electricity customers, electric vehicle supply 34 of 108
712equipment, clean energy generation, clean energy storage or other clean energy generation
713sources that qualify under any clean energy standard regulation established by the department of
714environmental protection pursuant to subsection (d) of section 3 of chapter 21N or will facilitate
715the electrification of the building and transportation sectors; and (v) due consideration has been
716given to any cumulative burdens on host communities and efforts that must be taken to avoid or
717minimize or, if impacts cannot be avoided or minimized, efforts to mitigate such burdens. In
718considering and issuing a decision, the board shall also consider reasonably foreseeable climate
719change impacts, including additional greenhouse gas or other pollutant emissions known to have
720negative health impacts, predicted sea level rise, flooding and any other disproportionate adverse
721effects on a specific geographical area. Such reviews shall be conducted consistent with section
72269J1/4 for generating facilities, section 69T for large clean energy infrastructure facilities,
723sections 69U to 69W, inclusive, for small clean energy infrastructure facilities and section 69J
724for all other types of facilities.
725 The board shall be composed of: the secretary of energy and environmental affairs or a
726designee, who shall serve as chair; the secretary of economic development or a designee; the
727commissioner of environmental protection or a designee; the commissioner of energy resources
728or a designee; the commissioner of public utilities or a designee; the commissioner of fish and
729game or a designee; the commissioner of public health or a designee; and 4 public members to be
730appointed by the governor for a term coterminous with that of the governor, 1 of whom shall be a
731representative of the Massachusetts Association of Regional Planning Agencies, 1 of whom shall
732be a representative of the Massachusetts Municipal Association, Inc. with expertise in municipal
733permitting matters, 1 of whom shall be experienced in environmental justice issues or indigenous
734sovereignty and 1 of whom shall be experienced in labor issues; provided, however, that the 35 of 108
735public members shall not have received, within the 2 years immediately preceding appointment,
736a significant portion of their income directly or indirectly from the developer of an energy
737facility or an electric, gas or oil company. The public members shall serve on a part-time basis,
738receive $100 per diem of board service and be reimbursed by the commonwealth for all
739reasonable expenses actually and necessarily incurred in the performance of official board duties.
740Upon the resignation of any public member, a successor shall be appointed in a like manner for
741the unexpired portion of the term. Appointees shall serve for not more than 2 consecutive full
742terms.
743 In the event of the absence, recusal or disqualification of the chair, the commissioner of
744energy resources shall appoint an acting chair from the remaining members of the board. The
745board shall meet at such time and place as the chair may designate or upon the request of 3
746members. The board shall render a final decision on an application by a majority vote of the
747members in attendance at a meeting and 5 members shall constitute a quorum.
748 SECTION 38. The fifth paragraph of said section 69H of said chapter 164, as appearing
749in the 2022 Official Edition, is hereby amended by striking out clause (1) and inserting in place
750thereof the following clause:-
751 (1) To adopt and publish rules and regulations consistent with the purposes of sections
75269H to 69S, inclusive, and to amend the same from time to time, including, but not limited to,
753rules and regulations for the conduct of the board’s public hearings under sections 69H1/2, 69J,
75469J1/4, 69M and 69T to 69W, inclusive.
755 SECTION 39. Said section 69H of said chapter 164, as amended by section 292 of
756chapter 7 of the acts of 2023, is hereby further amended by adding the following 2 paragraphs:- 36 of 108
757 The board shall promulgate regulations, in consultation with the office of environmental
758justice and equity and the Massachusetts environmental policy act office, for cumulative impact
759analysis as part of its review of facilities, large clean energy infrastructure facilities and small
760clean energy infrastructure facilities which shall be informed by the cumulative impact analysis
761standards and guidelines developed pursuant to section 29 of chapter 21A.
762 The board and any proponent or owner of a large clean energy infrastructure facility or
763small clean energy infrastructure facility shall not be subject to any provisions of sections 61 to
76462L, inclusive, of chapter 30 in relation to an application or petition for a comprehensive permit
765or de novo adjudication filed under sections 69T to 69W, inclusive. This section shall apply to
766any state agency issuing, in relation to an application or petition under said sections 69T to 69V,
767inclusive, a federal permit that is delegated to that agency and determined by the board to be
768excluded from the definition of consolidated permit in section 69G.
769 SECTION 40. The third paragraph of section 69I of said chapter 164, as appearing in the
7702022 Official Edition, is hereby amended by striking out the last sentence and inserting in place
771thereof the following sentence:- Neither the board nor any other person, in taking any action
772pursuant to sections 69I to 69J1/4, inclusive, or sections 69T to 69W, inclusive, shall be subject
773to sections 61 to 62H, inclusive, of chapter 30.
774 SECTION 41. Section 69J of said chapter 164, as so appearing, is hereby amended by
775inserting after the words “a facility”, in lines 1 and 2, the following words:- that is not a large
776clean energy infrastructure facility or small clean energy infrastructure facility. 37 of 108
777 SECTION 42. Said section 69J of said chapter 164, as so appearing, is hereby further
778amended by striking out the second to fourth paragraphs, inclusive, and inserting in place thereof
779the following paragraph:-
780 A petition to construct a facility shall include, in such form and detail as the board shall
781from time to time prescribe: (i) a description of the facility, site and surrounding areas; (ii) an
782analysis of the need for the facility, either within or outside, or both within and outside the
783commonwealth, including a description of the energy benefits of the facility; (iii) a description of
784the alternatives to the facility, such as other methods of transmitting or storing energy, other site
785locations, other sources of electrical power or gas or a reduction of requirements through load
786management; (iv) a description of the environmental impacts of the facility, including both
787environmental benefits and burdens, that includes a description of efforts to avoid, minimize and
788mitigate burdens and efforts to enhance benefits, such as shared use, recreational paths or access
789to nature; (v) evidence that all pre-filing consultation and community engagement requirements
790established by the board have been satisfied and, if not, the applicant shall demonstrate good
791cause for a waiver of the requirements that could not be satisfied by the applicant; and (vi) a
792cumulative impact analysis. The board may issue and revise filing guidelines after public notice
793and a period for comment. Said filing guidelines shall require the applicant to provide minimum
794data for review related to climate change impact, land use impact, water resource impact, air
795quality impact, fire and other public safety risks, solid waste impact, radiation impact, noise
796impact and other public health impacts as determined by the board.
797 SECTION 43. Said section 69J of said chapter 164, as so appearing, is hereby further
798amended by striking out the last paragraph and inserting in place thereof the following
799paragraph:- 38 of 108
800 This section shall not apply to petitions submitted under sections 69U to 69W, inclusive,
801or petitions to construct a generating facility or a large clean energy infrastructure facility, which
802shall be subject to sections 69J1/4 and 69T, respectively.
803 SECTION 44. Section 69J1/4 of said chapter 164, as so appearing, is hereby amended by
804inserting after the word “facility”, in line 2, the following words:- that is not a large clean energy
805infrastructure facility or small clean energy infrastructure facility.
806 SECTION 45. Said section 69J1/4 of said chapter 164, as so appearing, is hereby further
807amended by striking out the third paragraph and inserting in place thereof the following
808paragraph:-
809 A petition to construct a generating facility shall include, in such form and detail as the
810board shall from time to time prescribe, the following information: (i) a description of the
811proposed generating facility and any ancillary structures and related facilities, including a
812description of the energy benefits of the generating facility; (ii) a description of the
813environmental and public health impacts of the facility, including both environmental and public
814health benefits and burdens that includes a description of efforts to avoid or minimize or, if
815impacts cannot be avoided or minimized, efforts to mitigate the burdens and enhance the
816benefits, and the costs associated with the mitigation, control or reduction of the environmental
817and public health impacts of the proposed generating facility; (iii) a description of the project
818development and site selection process used in choosing the design and location of the proposed
819generating facility; (iv) either: (A) evidence that the expected emissions from the facility meet
820the technology performance standard in effect at the time of filing; or (B) a description of the
821environmental impacts, costs and reliability of other fossil fuel generating technologies and an 39 of 108
822explanation of why the proposed technology was chosen; (v) evidence that all pre-filing
823consultation and community engagement requirements established by the board have been
824satisfied and, if not, the applicant shall demonstrate good cause for a waiver of the requirements
825that could not be satisfied by the applicant; (vi) a cumulative impact analysis; and (vii) any other
826information necessary to demonstrate that the generating facility meets the requirements for
827approval specified in this section.
828 SECTION 46. Said chapter 164 is hereby further amended by striking out section 69J1/2,
829as so appearing, and inserting in place thereof the following section:-
830 Section 69J1/2. Notwithstanding any general or special law to the contrary, the
831department may charge a fee as specified by its regulations for each application to construct a
832facility that generates electricity, a large clean energy generation facility, a small clean energy
833generation facility, a large clean energy storage facility, a small clean energy storage facility, a
834non-utility owned large clean transmission and distribution infrastructure facility or a small clean
835transmission and distribution infrastructure facility. If the application to construct any such
836facility is accompanied by an application to construct 1 additional facility that does not generate
837electricity, the department may charge a fee as specified by its regulations for the combined
838application. If an application to construct a facility that generates electricity is accompanied by
839applications to construct 2 additional facilities that do not generate electricity, the department
840may charge a fee as specified by its regulations for the combined application. If an application to
841construct a facility that does not generate electricity is filed separately, the department may
842charge a fee as specified by its regulations for each such application; provided, however, that, the
843department may charge a lower fee for applications to construct facilities that do not generate 40 of 108
844electricity and that are below a size to be determined by the department. Said fees shall be
845payable upon issuance of the notice of adjudication and public hearing.
846 The department may retain said fees for the purpose of reviewing applications to
847construct or consolidated permit applications for the facilities subject to this section and for the
848purpose of creating a clean energy infrastructure dashboard established under section 12N of
849chapter 25.
850 Any remaining balance of fees at the end of a fiscal year shall not revert to the General
851Fund but shall remain available to the department during the following fiscal year for the
852purposes of this section or section 12S of chapter 25.
853 The department shall issue an annual report summarizing the data and information
854required by this section, including, but not limited to: (i) the number of applications filed for
855facilities, large clean energy infrastructure facilities and small clean energy infrastructure
856facilities, decided and pending; (ii) the average duration of review; and (iii) the average staffing
857levels; provided, however, that the annual report shall make use of bar charts, line charts and
858other visual representations in order to facilitate public understanding of events of the immediate
859preceding year and of long-term and cumulative trends and outcomes. The board shall file the
860report with the clerks of the house of representatives and the senate, the house and senate
861committees on ways and means and the joint committee on telecommunications, utilities and
862energy not later than January 31.
863 Nothing contained in this section shall be interpreted as changing the statutory mandates
864of the department or board or the type of facilities that may be constructed by applicants that are
865not utilities. Nothing contained in this section shall be interpreted as changing the regulations or 41 of 108
866body of precedent of the department or board or interpreted as changing the rights of intervenors
867before the department or board.
868 SECTION 47. Section 69O of said chapter 164, as so appearing, is hereby amended by
869striking out, in lines 7 and 8, the words “sixty-one to sixty-two H, inclusive, of chapter thirty”
870and inserting in place thereof the following words:- 61 to 62L, inclusive, of chapter 30.
871 SECTION 48. Said chapter 164 is hereby further amended by striking out section 69P, as
872so appearing, and inserting in place thereof the following section:-
873 Section 69P. Any party in interest aggrieved by a final decision of the board or the
874director shall have a right to judicial review in the manner provided by section 5 of chapter 25.
875The scope of such judicial review shall be limited to whether the decision of the board or the
876director: (i) is in conformity with the constitution of the commonwealth and the constitution of
877the United States; (ii) was made in accordance with the procedures established under sections
87869H to 69O, inclusive, and sections 69T to 69W, inclusive, and the rules and regulations of the
879board with respect to such sections; (iii) was supported by substantial evidence of record in the
880board’s proceedings; and (iv) was arbitrary, capricious or an abuse of the board’s discretion
881under said sections 69H to 69O, inclusive, and said sections 69T to 69W, inclusive.
882 SECTION 49. Said chapter 164 is hereby further amended by striking out section 69R, as
883so appearing, and inserting in place thereof the following section:-
884 Section 69R. An electric or gas company, generation company or wholesale generation
885company may petition the board for the right to exercise the power of eminent domain with
886respect to a facility, large clean transmission and distribution infrastructure facility or small clean
887transmission and distribution infrastructure facility, specified and contained in a petition or 42 of 108
888application submitted in accordance with sections 69J, 69T or 69U, or a bulk power supply
889substation if such company is unable to reach an agreement with the owners of land for the
890acquisition of any necessary estate or interest in land. The applicant shall forward, at the time of
891filing such petition, a copy thereof to each city, town and property owner affected.
892 The company shall file with such petition or have annexed thereto: (i) a statement of the
893use for which such land is to be taken; (ii) a description of land to be taken sufficient for the
894identification thereof; (iii) a statement of the estate or interest in the land to be taken for such
895use; (iv) a plan showing the land to be taken; (v) a statement of the sum of money established by
896such utility to be just compensation for the land to be taken; and (vi) such additional maps and
897information as the board requires.
898 The board, after such notice as it may direct, shall hold at least 1 public hearing in the
899community in which the land to be taken is located. For facilities involving takings in several
900communities, the hearing shall be held in communities in proximity to the land to be taken, as
901determined by the board. The board may thereafter authorize the company to take by eminent
902domain under chapter 79 such lands necessary for the construction of the facility as are required
903in the public interest, convenience and necessity. The board shall transmit a certified copy of its
904order to the company and to the clerk of each affected municipality.
905 If the board dismisses the petition at any stage in the proceedings, no further action shall
906be taken thereon and the company may file a new petition not less than 1 year after the date of
907such dismissal.
908 Following a taking under this section, the electric or gas company may forthwith proceed
909to utilize such land. If the electric or gas company shall not utilize the lands so taken for the 43 of 108
910purpose or purposes authorized in the department’s order within such time as the board shall
911determine, its rights under such taking shall cease and terminate.
912 No land, rights of way or other easements therein in any public way, public park,
913reservation or other land subject to Article 97 of the Amendments to the Constitution of the
914Commonwealth shall be taken by eminent domain under this section except in accordance with
915said Article 97.
916 This section shall not be construed as abrogating the board’s jurisdiction described in
917section 72 in respect to transmission lines or the board’s jurisdiction described in sections 75B to
91875G, inclusive, in respect to natural gas transmission lines.
919 SECTION 50. The second paragraph of section 69S of said chapter 164, as so appearing,
920is hereby amended by striking out the first sentence and inserting in place thereof the following
921sentence:- The board, after such notice as it may direct, shall hold at least 1 public hearing in the
922city or town in which the greater portion of said land in question is located.
923 SECTION 51. Said chapter 164 is hereby further amended by inserting after section 69S
924the following 4 sections:-
925 Section 69T. (a) The energy facilities siting board may issue consolidated permits for
926large clean energy infrastructure facilities. No applicant shall commence construction of a large
927clean energy infrastructure facility at a site unless an application for a consolidated permit for
928such facility pursuant to this section has been approved by the board and no state agency shall
929issue a construction permit for any such facility unless the petition to construct such facility has
930been approved by the board. For the purposes of this section, construction shall not include
931contractual obligations to purchase facilities or equipment. 44 of 108
932 (b) The board shall establish the following criteria governing the siting and permitting of
933large clean energy infrastructure facilities: (i) a uniform set of baseline health, safety,
934environmental and other standards that apply to the issuance of a consolidated permit; (ii) a
935common standard application to be used when submitting an application to the board; (iii) pre-
936filing requirements commensurate with the scope and scale of the proposed large clean energy
937infrastructure facility, which shall include specific requirements for pre-filing consultations with
938permitting agencies and the Massachusetts environmental policy act office, public meetings and
939other forms of outreach that must occur in advance of an applicant submitting an application; (iv)
940standards for applying site suitability criteria developed by the executive office of energy and
941environmental affairs pursuant to section 30 of chapter 21A to evaluate the social and
942environmental impacts of proposed large clean energy infrastructure project sites and which shall
943include a mitigation hierarchy to be applied during the permitting process to avoid or minimize
944or, if impacts cannot be avoided or minimized, mitigate impacts of siting on the environment,
945people and goals and objectives of the commonwealth for climate mitigation, carbon storage and
946sequestration, resilience, biodiversity and protection of natural and working lands to the extent
947practicable; (v) standards for applying the cumulative impacts analysis standards and guidelines
948developed by the office of environmental justice and equity pursuant to section 29 of chapter
94921A to evaluate and minimize the impacts of large clean energy infrastructure facilities in the
950context of existing infrastructure and conditions; (vi) standard permit conditions and
951requirements for a single permit consolidating all necessary local, regional and state approvals to
952be issued to different types of large clean energy infrastructure facilities in the event that
953constructive approval is triggered through the non-issuance of a permit by the board pursuant to
954subsection (i); and (vii) entities responsible for compliance and enforcement of permit 45 of 108
955conditions, including in the event of sale of large clean energy infrastructure facilities after
956permitting.
957 (c) An application for a consolidated permit for a large clean transmission and
958distribution infrastructure facility shall include, in such form and detail as the board shall from
959time to time prescribe: (i) a description of the large clean transmission and distribution
960infrastructure facility, site and surrounding areas; (ii) an analysis of the need for the large clean
961transmission and distribution infrastructure facility, either within or outside or both within and
962outside the commonwealth, including a description of energy benefits; (iii) a description of the
963alternatives to the large clean transmission and distribution infrastructure facility including siting
964and project alternatives to avoid or minimize or, if impacts cannot be avoided or minimized,
965mitigate impacts; (iv) a description of the environmental impacts of the large clean transmission
966and distribution infrastructure facility, including both environmental benefits and burdens, such
967as shared use, recreational paths or access to nature; (v) evidence that all pre-filing consultation
968and community engagement requirements established by the board have been satisfied and, if
969not, demonstrate good cause for a waiver of the requirements that could not be satisfied by the
970applicant; and (vi) a cumulative impact analysis. The board may issue and revise filing
971guidelines after public notice and a period for comment.
972 (d) An application for a consolidated permit for a large clean energy generation facility or
973large clean energy storage facility shall include, in such form and detail as the board shall from
974time to time prescribe: (i) a description of the large clean energy generation facility’s or large
975clean energy storage facility’s site and surrounding areas, including any ancillary structures and
976related facilities and a description of the energy benefits of the large clean energy generation
977facility or large clean energy storage facility; (ii) a description of the environmental impacts of 46 of 108
978the large clean energy generation facility or large clean energy storage facility, including both
979environmental benefits and burdens; (iii) a description of the project site selection process and
980alternatives analysis used in choosing the location of the proposed large clean energy generation
981facility or large clean energy storage facility to avoid or minimize or, if impacts cannot be
982avoided or minimized, mitigate impacts; (iv) evidence that all pre-filing consultation and
983community requirements established by the board have been satisfied and, if not, demonstrate
984good cause for a waiver of the requirements that could not be satisfied by the applicant; and (v) a
985cumulative impact analysis. The board may issue and revise filing guidelines after public notice
986and a period for comment.
987 (e) Review by the board of the application shall be an adjudicatory proceeding under
988chapter 30A. The authority of the board to conduct the adjudicatory proceeding under the
989provisions of this section may be delegated in whole or in part to the employees of the
990department. Pursuant to the rules of the board, such employees shall report back to the board
991with recommended decisions for final action thereon.
992 (f) The board shall determine whether a large clean energy infrastructure facility permit
993application is complete within 30 days of receipt of the application. If an application is deemed
994not complete, the applicant shall have 30 days to cure any deficiencies identified by the board
995before the application is rejected. The board may provide extensions of time to cure deficiencies
996if the applicant can demonstrate extenuating circumstances.
997 (g) The board shall conduct a public hearing in at least 1 of the affected cities or towns in
998which a large clean energy infrastructure facility would be located. 47 of 108
999 (h) Following a determination by the board that an application for a large clean energy
1000infrastructure facility is complete, all municipal, regional and state agencies, authorities, boards,
1001commissions, offices or other entities that would otherwise be required to issue at least 1 permit
1002to the facility shall be deemed to be substantially and specifically affected by the proceeding and
1003upon notification to the board shall have intervenor status in the proceeding to review the
1004facility’s application. All municipal, regional and state agencies, authorities, boards,
1005commissions, offices or other entities that would otherwise be required to issue at least 1 permit
1006to the facility shall be afforded an opportunity to submit statements of recommended permit
1007conditions to the board relative to the respective permits that each agency, authority, board,
1008commission, office or other entity would otherwise be responsible for issuing.
1009 (i) The board shall establish timeframes for reviewing different types of large clean
1010energy infrastructure facilities based on the complexity of the facility, the need for an exemption
1011from local zoning requirements and community impacts, but in no instance shall the board take
1012more than 15 months from the determination of application completeness to render a final
1013decision on an application. The board shall have the authority to approve, approve with
1014conditions or reject a consolidated permit application. If no final decision is issued within the
1015deadline established by the board for the type of large clean energy infrastructure facility, the
1016board shall issue a permit granting approval to construct that includes the common conditions
1017and requirements established by the board through regulations for the type of large clean energy
1018infrastructure facility under review, which shall be deemed a final decision of the board. A
1019consolidated permit, if issued, shall be in the form of a composite of all individual permits,
1020approvals or authorizations that would otherwise be necessary for the construction and operation
1021of the large clean energy infrastructure facility and that portion of the consolidated permit that 48 of 108
1022relates to subject matters within the jurisdiction of a municipal, regional or state agency,
1023authority, board, commission, office or other entity shall be enforced by said agency, authority,
1024board, commission, office or other entity under other applicable laws of the commonwealth as if
1025the consolidated permit had been directly granted by the said agency, authority, board,
1026commission, office or other entity.
1027 Section 69U. (a)The board may issue a consolidated permit for a small clean transmission
1028and distribution infrastructure facility that is not automatically subject to the jurisdiction of the
1029board pursuant to section 69G, if the applicant petitions the board to be granted a consolidated
1030permit for such facility. The board shall review such petition in accordance with subsections (b)
1031and (c). The board may issue such consolidated permit upon finding that the small clean
1032transmission and distribution infrastructure facility will serve the public convenience and is
1033consistent with the public interest. Upon application for a consolidated permit under this section,
1034no applicant shall commence construction of a small clean transmission and distribution
1035infrastructure facility at a site unless a consolidated permit for construction of that small clean
1036transmission and distribution infrastructure facility pursuant to this section has been approved by
1037the board. For purposes of this section, construction shall not include contractual obligations to
1038purchase such facilities or equipment.
1039 (b) The board shall establish the same criteria governing the siting and permitting of
1040small clean transmission and distribution infrastructure facilities eligible to submit an application
1041under this section as it is required to establish for large clean energy infrastructure facilities
1042pursuant to subsection (b) of section 69T. An application for a consolidated permit for a small
1043clean transmission and distribution infrastructure facility shall include the same elements as
1044required for large clean transmission and distribution infrastructure facilities under subsection (c) 49 of 108
1045of section 69T. Subject to subsection (c), subsections (d) to (i), inclusive, of section 69T shall
1046apply to the process followed by the board regarding the issuance of a consolidated permit to any
1047small clean transmission and distribution infrastructure facility under this section.
1048 (c) The board shall establish timeframes and procedures for reviewing different types of
1049small clean transmission and distribution infrastructure facilities based on the complexity of the
1050facility and the need for an exemption from local zoning requirements, but in no instance shall
1051the board take more than 12 months from the determination of application completeness to
1052render a final decision on an application. The board shall have the authority to approve, approve
1053with conditions or reject a permit application. If no final decision is issued within the deadline
1054for the type of small clean transmission and distribution infrastructure facility established by the
1055board, the board shall issue a permit granting approval to construct that adopts the common
1056conditions and requirements established by the board in regulation for the type of small clean
1057transmission and distribution infrastructure facility under review, which shall be deemed a final
1058decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all
1059individual permits, approvals or authorizations that would otherwise be necessary for the
1060construction and operation of the small clean transmission and distribution infrastructure facility
1061and the portion of the consolidated permit that relates to subject matters within the jurisdiction of
1062a municipal, regional or state agency, authority, board, commission, office or other entity shall
1063be enforced by said agency, authority, board, commission, office or other entity under the other
1064applicable laws of the commonwealth as if the consolidated permit had been directly granted by
1065said agency, authority, board, commission, office or other entity.
1066 Section 69V. (a) The board may issue a consolidated permit for a small clean energy
1067generation facility or a small clean energy storage facility. An owner or proponent of a small 50 of 108
1068clean energy generation facility or a small clean energy storage facility may submit an
1069application to the board to be granted a consolidated permit that shall include all state permits
1070necessary to construct the small clean energy generation facility or small clean energy storage
1071facility. All local government permits and approvals for a small clean energy generation facility
1072or a small clean energy storage facility shall be issued separately pursuant to section 21 of
1073chapter 25A.
1074 (b) The board shall establish the same criteria governing the siting and permitting of
1075small clean energy generation facilities and small clean energy storage facilities eligible to
1076submit an application under this section as it is required to establish for large clean energy
1077infrastructure facilities pursuant to subsection (b) of section 69T. An application for a
1078consolidated permit for a small clean energy generation facility or small clean energy storage
1079facility eligible to submit an application under this section shall include the same elements as
1080required for a large clean energy generation facility and a large clean energy storage facility
1081under subsection (d) of section 69T. Subsections (e) to (g), inclusive, of section 69T shall apply
1082to the issuance of a consolidated permit to any small clean energy generation facility or small
1083clean energy storage facility under this section.
1084 (c) The board shall not take more than 12 months from the determination of application
1085completeness to render a final decision on an application. The board shall have the authority to
1086approve, approve with conditions or reject a permit application. If no final decision is issued
1087within the deadline for the type of small clean energy generation facility or small clean energy
1088storage facility established by the board, the board shall issue a permit granting approval to
1089construct that adopts the common conditions and requirements established by the board in
1090regulation for the type of small clean energy generation facility or small clean energy storage 51 of 108
1091facility under review, which shall be deemed a final decision of the board. A consolidated permit
1092shall be in the form of a composite of all individual permits, approvals or authorizations that
1093would otherwise be necessary for the construction and operation of the small clean energy
1094generation facility or small clean energy storage facility and that portion of the consolidated
1095permit that relates to subject matters within the jurisdiction of a municipal, regional or state
1096agency, authority, board, commission, office or other entity shall be enforced by said agency,
1097authority, board, commission, office or other entity under the other applicable laws of the
1098commonwealth as if the consolidated permit had been directly granted by said agency, authority,
1099board, commission, office or other entity.
1100 Section 69W. (a) An owner or proponent of a small clean energy infrastructure facility
1101that has received a final decision on, or a constructive approval of, a consolidated permit
1102application from a local government, as defined in section 21 of chapter 25A, or other parties
1103substantially and specifically affected by the decision of the local government may submit a
1104request for a de novo adjudication of the local permit application by the director. Subject to
1105subsection (g) of section 21 of chapter 25A, a local government may also submit a request for a
1106de novo adjudication if their resources, capacity and staffing do not allow for review of a small
1107clean energy infrastructure facility’s permit application within the required maximum 12-month
1108timeframe for local government review established in said section 21 of said chapter 25A.
1109Review by the director of the request for de novo adjudication shall be deemed an adjudicatory
1110proceeding under chapter 30A.
1111 (b) A request for a de novo adjudication by an owner or proponent of a small clean
1112energy infrastructure facility or other party substantially and specifically affected by a final
1113decision of a local government shall be filed within 30 days of such decision. 52 of 108
1114 (c) Upon determination that at least 1 party seeking a de novo adjudication is
1115substantially and specifically affected, the director of the board shall review the request and the
1116local government’s final decision for consistency with the regulations adopting statewide
1117permitting standards for such facilities established by the department of energy resources
1118pursuant to section 21 of chapter 25A. The director shall render a decision on the request within
11196 months of receipt of the application and such decision shall be final. If the local government’s
1120decision is found to be inconsistent with the regulatory standards established by the department
1121of energy resources, the director may issue a final decision that supersedes the local
1122government’s prior decision and imposes new local permit conditions that are consistent with the
1123laws of the commonwealth.
1124 (d) The board shall establish regulations governing the process the director shall follow to
1125conduct the review of requests for de novo adjudication under this section.
1126 SECTION 52. Said chapter 164 is hereby further amended by striking out sections 72 and
112772A, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2
1128sections:-
1129 Section 72. An electric company, distribution company, generation company,
1130transmission company or any other entity providing or seeking to provide transmission service
1131may petition the energy facilities siting board for authority to construct and use, or to continue to
1132use as constructed or with altered construction, a line for the transmission of electricity for
1133distribution in some definite area or for supplying electricity to itself, another electric company
1134or a municipal lighting plant for distribution and sale or to a railroad, street railway or electric
1135railroad for the purpose of operating it and shall represent that such line will or does serve the 53 of 108
1136public convenience and is consistent with the public interest. The company shall forward at the
1137time of filing such petition a copy thereof to each municipality within such area. The company
1138shall file with such petition a general description of such transmission line and a map or plan
1139showing the municipalities through which the line will or does pass and its general location. The
1140company shall also furnish an estimate showing in reasonable detail the cost of the line and such
1141additional maps and information as the energy facilities siting board requires. The energy
1142facilities siting board, after notice and a public hearing in at least 1 of the municipalities affected,
1143may determine that said line is necessary for the purpose alleged, will serve the public
1144convenience and is consistent with the public interest. If the electric company, distribution
1145company, generation company or transmission company or any other entity providing or seeking
1146to provide transmission service shall file with the energy facilities siting board a map or plan of
1147the transmission line showing the municipalities through which it will or does pass, the public
1148ways, railroads, railways, navigable streams and tide waters in the municipality named in said
1149petition that it will cross and the extent to which it will be located upon private land or upon,
1150under or along public ways and places, the energy facilities siting board, after such notice as it
1151may direct, shall hold a public hearing in at least 1 of the municipalities through which the line
1152passes or is intended to pass. The energy facilities siting board may by order authorize an electric
1153company, distribution company, generation company, transmission company or any other entity
1154to take by eminent domain under chapter 79 such lands or such rights of way or widening thereof
1155or other easements therein necessary for the construction and use or continued use as constructed
1156or with altered construction of such line along the route prescribed in the order of the energy
1157facilities siting board. The energy facilities siting board shall transmit a certified copy of its order
1158to the company and the clerk of each affected municipality. The company may at any time before 54 of 108
1159such hearing modify the whole or a part of the route of said line, either of its own motion or at
1160the insistence of the energy facilities siting board or otherwise and, in such case, shall file with
1161the energy facilities siting board maps, plans and estimates as aforesaid showing such changes. If
1162the energy facilities siting board dismisses the petition at any stage in said proceedings, no
1163further action shall be taken thereon and the company may file a new petition not less than 1 year
1164after the date of such dismissal. When a taking under this section is effected, the company may
1165forthwith, except as hereinafter provided, proceed to erect, maintain and operate thereon said
1166line. If the company does not enter upon and construct such line upon the land so taken within 1
1167year thereafter, its right under such taking shall cease and terminate. No lands or rights of way or
1168other easements therein shall be taken by eminent domain under the provisions of this section in
1169any public way, public place, park or reservation or within the location of any railroad, electric
1170railroad or street railway company except with the consent of such company and on such terms
1171and conditions as it may impose or except as otherwise provided in this chapter and no electricity
1172shall be transmitted over any land, right of way or other easement taken by eminent domain as
1173herein provided until the electric company, distribution company, generation company,
1174transmission company or any other entity shall have acquired from the select board, city council
1175or such other authority having jurisdiction all necessary rights in the public ways or public places
1176in the municipality or municipalities, or in any park or reservation, through which the line will or
1177does pass. No land, rights of way or other easements therein in any public way, public park,
1178reservation or other land subject to Article 97 of the Amendments to the Constitution of the
1179Commonwealth shall be taken by eminent domain under this section except in accordance with
1180said Article 97. No entity shall be authorized under this section or section 69R or section 24 of
1181chapter 164A to take by eminent domain any lands or rights of way or other easements therein 55 of 108
1182held by an electric company or transmission company to support an existing or proposed
1183transmission line without the consent of the electric company or transmission company.
1184 No electric company, distribution company, generation company, transmission company
1185or any other entity providing or seeking to provide transmission services shall be required to
1186petition the energy facilities siting board under this section unless it is seeking authorization to
1187take lands, rights of way or other easements under chapter 79.
1188 Section 72A. The energy facilities siting board may upon petition authorize an electric
1189company to enter upon lands of any person or corporation for the purpose of making a survey
1190preliminary to eminent domain proceedings. The energy facilities siting board shall give notice
1191of the authorization granted, by registered mail, to the landowners involved not less than 5 days
1192prior to any entry by such electric company. The company entering upon any such lands shall be
1193subject to liability for any damages occasioned thereby to be recovered under chapter 79.
1194 SECTION 53. Said chapter 164 is hereby further amended by striking out section 75C, as
1195so appearing, and inserting in place thereof the following section:-
1196 Section 75C. A natural gas pipeline company may petition the energy facilities siting
1197board for the right to exercise the power of eminent domain under chapter 79. The natural gas
1198pipeline company shall file with such petition a general description of such pipeline and a map or
1199plan thereof showing the rights of way, easements and other interests in land or other property
1200proposed to be taken for such use, the towns through which such pipeline will pass, the public
1201ways, railroads, railways, navigable streams and tide waters in the town or towns named in the
1202petition that it will cross and the extent to which it will be located upon private land and upon,
1203under or along public ways, lands and places. Upon the filing of such petition, the energy 56 of 108
1204facilities siting board, after such notice as it may direct, shall hold a public hearing in at least 1 of
1205the towns through which the pipeline is intended to pass and may, by order, authorize the
1206company to take by eminent domain under said chapter 79 such lands or such rights of way,
1207easements or other interests in land or other property necessary for the construction, operation,
1208maintenance, alteration and removal of the pipeline, compressor stations, appliances,
1209appurtenances and other equipment along the route described in the order of the energy facilities
1210siting board. The energy facilities siting board shall: (i) provide notice to each municipality
1211through which the pipeline is intended to pass; and (ii) transmit a certified copy of its order to the
1212company and the town clerk of each affected town. The company may, at any time before such a
1213public hearing, modify the whole or a part of the route of said pipeline, either of its own motion
1214or at the insistence of the energy facilities siting board or otherwise, and, in such case, shall file
1215with the energy facilities siting board maps, plans and estimates showing such changes. If the
1216energy facilities siting board dismisses the petition at any stage in the proceedings, no further
1217action shall be taken thereon and the company may file a new petition not sooner than 1 year
1218after the date of such dismissal.
1219 When a taking under this section is effected, the company may forthwith, except as
1220hereinafter provided, proceed to construct, install, maintain and operate thereon said pipeline. If
1221the company does not enter upon and construct such line upon the land so taken within 1 year
1222thereafter, its right under such taking shall cease and terminate. No lands or rights of way or
1223easements therein shall be taken by eminent domain under the provisions of this section in any
1224public way, public place, park or reservation or within the location of any railroad, electric
1225railroad or street railway company, except that such pipeline may be constructed under any
1226public way or any way dedicated to the public use; provided, however, that the rights granted 57 of 108
1227hereunder shall not affect the right or remedy to recover damages for an injury caused to persons
1228or property by the acts of such company; provided further, that such company shall put all such
1229streets, lanes and highways in as good repair as they were when opened by such company and
1230the method of such construction and the plans and specifications therefor have been approved
1231either generally or in any particular instance by the energy facilities siting board or, in the case of
1232state highways, by the department of highways; and provided further, that a natural gas pipeline
1233company may construct such lines under, over or across the location on private land of any
1234railroad, electric railroad or street railway corporation subject to the provisions of section 73.
1235Rights of way, buildings, structures or lands to be used in the construction of such pipelines over
1236or upon the lands referred to therein shall be governed by section 34A of chapter 132.
1237 SECTION 53A. Subsection (c) of section 92B of said chapter 164, as so appearing, is
1238hereby amended by striking clauses (ii) and (iii) and inserting in place thereof the following 3
1239clauses:-
1240 (ii) consider and include a summary of all proposed and related investments, alternatives
1241to these investments and alternative approaches to financing these investments that have been
1242reviewed, are under consideration or have been approved by the department previously;
1243 (iii) solicit input, such as planning scenarios and modeling, from the Grid Modernization
1244Advisory Council established in section 92C, respond to information and document requests
1245from said council and conduct technical conferences and a minimum of 2 stakeholder meetings
1246to inform the public, appropriate state and federal agencies and companies engaged in the
1247development and installation of distributed generation, energy storage, vehicle electrification
1248systems and building electrification systems; and 58 of 108
1249 (iv) prepare and file a climate vulnerability and resilience plan at least once every 5 years
1250based on best available data, which shall include, at a minimum, the following:
1251 (A) an evaluation of the climate science and projected sea level rise, extreme
1252temperature, precipitation, humidity and storms, and other climate-related risks for the service
1253territory;
1254 (B) an evaluation and risk assessment of potential impacts of climate change on existing
1255operation, planning, and physical assets;
1256 (C) identification, prioritization, and cost-benefit analysis of adaptation options to
1257increase asset and system-wide resilience over time;
1258 (D) a community engagement plan with targeted engagement for environmental justice
1259populations in the service territory; and
1260 (E) an implementation timeline for making changes in line with the findings of the study
1261such as modifying design and construction standards, modifying operations and planning
1262processes, and relocating or upgrading existing infrastructure to ensure reliability and resilience
1263of the grid.
1264 SECTION 54. Said chapter 164 is hereby further amended by inserting after section 92C,
1265as so appearing, the following 4 sections:-
1266 Section 92D. (a) The department shall establish standards to ensure reasonable and timely
1267access to the distribution grid for all customers and to ensure that distribution companies
1268undertake investments and process improvements to facilitate the transformation of the
1269commonwealth’s distribution grid to align with the commonwealth’s climate, greenhouse gas 59 of 108
1270reduction and economic development goals. The department shall promulgate rules or
1271regulations: (i) containing a schedule specifying the maximum length of time that may elapse
1272from the date of initial interconnection application to the receipt of an interconnection services
1273agreement for various sizes and types of distributed generation facilities and energy storage
1274systems; (ii) containing a schedule specifying the maximum length of time that may elapse from
1275the distribution company’s commencement of design of required interconnection-related
1276upgrades and authorization to interconnect for various sizes and types of distributed generation
1277facilities and energy storage systems; and (iii) requiring distribution companies to enable the
1278interconnection of distributed generation facilities and energy storage systems in accordance
1279with the rules and regulations promulgated by the department.
1280 (b) The rules or regulations adopted by the department shall include rules to measure and
1281enforce compliance with the rules and schedules adopted by the department, including, but not
1282limited to: (i) revisions to existing timeline enforcement mechanisms; (ii) mechanisms to enable
1283customers to seek department review and enforcement of the rules and schedules required by this
1284section; and (iii) provisions for the timely resolution of disputes between customers and
1285distribution companies.
1286 Section 92E. (a) The department shall establish a cost allocation framework to implement
1287the electric-sector modernization plans established by section 92B beginning with the 2030-2034
1288electric-sector modernization plans. Such electric-sector modernization plans shall identify: (i)
1289an amount, in megawatts of alternating current, of incremental grid hosting capacity that will be
1290available to interconnect distributed generation and energy storage systems upon implementation
1291of the plans; and (ii) a proportional share of the benefits of the electric-sector modernization
1292plans that is attributable to distributed generation and energy storage systems. The department 60 of 108
1293shall establish a uniform fee to be assessed to interconnecting customers based on a project’s
1294export capacity under subsections (b) and (c) by applying the proportional share of benefits
1295attributable to distributed generation and energy storage to the total number of megawatts of
1296capacity enabled by the plans. Such fee shall be uniform within the sub-region of a distribution
1297company’s service territory regardless of the customer’s point of interconnection. The uniform
1298fee shall result in a dollar amount per kilowatt AC to be assessed to interconnecting customers
1299based on project export capacity for their use of the grid capacity enabled by the plans. The
1300electrical boundaries of the sub-region of a distribution company’s service territory shall be
1301proposed by the distribution company and defined within the respective distribution company’s
1302electric-sector modernization plan. Interconnecting customers with proposed facilities above 60
1303kW may be assessed additional interconnection costs for upgrades identified in the
1304interconnection studies.
1305 (b) For projects with an export capacity between 60 kW and 500 kW, the following
1306standardized interconnection cost allocation shall apply to customers for distributed generation
1307facilities and energy storage systems: (i) no customer shall be charged more than a fixed dollar
1308per kilowatt AC of export capacity within a sub-region of a distribution company’s service
1309territory to interconnect distributed generation facilities and energy storage systems; and (ii) any
1310costs incurred by the distribution company for interconnecting a distributed generation facility or
1311energy storage system that exceeds the applicable fixed dollar per kilowatt AC of export capacity
1312shall be included in the distribution company’s revenue requirement and recovered through fully
1313reconciling rates approved by the department. The department shall require each distribution
1314company to propose a fixed sub-regional dollar per kilowatt fee within each electric-sector
1315modernization plan for approval. 61 of 108
1316 (c) For projects with an export capacity less than 60kW, the following standardized
1317interconnection cost allocation shall apply to customers for distributed generation facilities and
1318energy storage systems: (i) no customer shall be charged more than a fixed dollar per kilowatt
1319AC of export capacity to interconnect distributed generation facilities and energy storage
1320systems; (ii) such fee shall be inclusive of interconnection costs for upgrades not included in the
1321approved electric-sector modernization plans including, but not limited to, shared service
1322distribution system upgrades; and (iii) any costs incurred by the distribution company for
1323interconnecting a distributed generation facility or energy storage system that exceed the
1324applicable fixed dollar per kilowatt AC of export capacity shall be included in the distribution
1325company’s revenue requirement and recovered through fully reconciling rates approved by the
1326department. The department shall require each distribution company to propose a fixed sub-
1327regional dollar per kilowatt fee within each electric sector modernization plan for approval. The
1328utilities may include costs of upgrades identified in the interconnection studies in their proposed
1329fixed sub-regional dollar per kilowatt fee.
1330 Section 92F. The department shall establish an office of a distributed generation and
1331clean energy ombudsperson to advocate for improvements to distribution company
1332interconnection processes and practices and to receive complaints and facilitate the resolution of
1333disputes between distributed generation customers and the distribution companies. The
1334department shall designate an ombudsperson to serve as the administrative head of said office.
1335The office shall be staffed with not less than 2 individuals, 1 of whom shall be an expert in the
1336interconnection tariff and department precedent and 1 of whom shall be an expert in technical
1337solutions and standards for interconnecting distributed generation customers. The ombudsperson
1338may recommend that the department impose civil penalties upon a finding that a distribution 62 of 108
1339company has intentionally or negligently violated 1 or more requirements of the interconnection
1340tariff, has exhibited a pattern or history of violating such tariff or has failed to provide an
1341acceptable level of customer service for a distributed generation customer or customers. In
1342considering penalties under this section, the ombudsperson and the department shall consider the
1343severity of the violation, the financial impact upon the distribution customer or customers, the
1344distribution company’s history of violations and customer service and other factors that may be
1345relevant to determining the level of penalty that may be appropriate. The department may direct
1346that all or a portion of a penalty shall take the form of restitution to be paid to an affected
1347distribution customer.
1348 Section 92G. (a) There is hereby established within the department an interconnection
1349working group to consider improvements to interconnection tariffs and interconnection technical
1350standards and processes. The working group shall be facilitated by the office of the
1351ombudsperson and shall meet not less than 4 times per year.
1352 (b) The working group shall study and make recommendations on topics, including, but
1353not limited to: (i) cost and best available technology for interconnecting and metering distributed
1354generation, energy storage systems and other distributed energy resources; (ii) process
1355improvements to improve timeliness and efficiency of distributed generation and storage
1356interconnection; (iii) processes for identifying and achieving distribution system upgrade cost
1357avoidance through the use of advanced inverter functions and other non-wire solutions under the
1358distribution company’s operational control, along with sharing mechanisms or incentives for
1359capital investment deferrals; (iv) processes and customer service improvements for
1360interconnecting customers adopting distributed generation and energy storage; (v) revisions to
1361distribution company interconnection and metering standards that impact distributed energy 63 of 108
1362resources or exporting and non-exporting energy storage systems; (vi) implementation of
1363programs, guidelines and schedules for grid-enabling technologies and platforms such as
1364distributed energy resource management systems; and (vii) other technical, policy and tariff
1365issues related to and affecting interconnection performance and customer service for distributed
1366generation and energy storage customers in the commonwealth, as determined by the working
1367group. The working group may jointly create subcommittees to focus on specific issues of
1368importance and may invite technical or policy experts to assist or consult with the working
1369group.
1370 (c) The office of the ombudsperson shall develop and submit a report detailing consensus
1371recommendations of the working group and, if applicable, additional recommendations for which
1372consensus was not reached to the department and the clerks of the house of representatives and
1373the senate. The department shall within 180 days of filing the report issue an order addressing the
1374recommendations of the working group. The order shall specify the recommendations adopted
1375and explain in detail the reasons for rejecting any recommendations not adopted.
1376 SECTION 55. Said chapter 164 is hereby further amended by inserting after section
1377116B, as so appearing, the following section:-
1378 Section 116C. (a) Distribution companies deploying advanced metering infrastructure in
1379their territories shall jointly establish a centralized data repository to allow customers and third
1380parties, including competitive suppliers, access to advanced metering data, including billing,
1381interval usage and load data, in near-real time for all customer classes. The centralized data
1382repository shall be developed in a cost-effective manner as approved by the department. 64 of 108
1383 (b) A supplier or other third party shall be entitled to access detailed advanced metering
1384infrastructure customer data from the centralized data repository, subject to appropriate customer
1385approval and protections. Advanced metering infrastructure data may include, but shall not be
1386limited to, customer billing period usage data, peak demand, supplier information and relevant
1387account information.
1388 (c) Electric customers may opt out of inclusion in the implementation of advanced
1389metering infrastructure with notice to the distribution company. Upon receiving such notice, the
1390distribution company shall remove the customer from the implementation plan, notify the
1391department of the customer’s decision to opt out of such implementation plan in a manner
1392determined by the department and charge such a customer any reasonable and necessary fees for
1393delivering non-advanced metering service.
1394 (d) Distribution companies shall implement accelerated switching permitting a residential
1395or small commercial electric customer to change suppliers within 3 business days. Customers
1396moving within a distribution company’s territory shall be permitted to transfer their supplier
1397directly to their new service location without being required to switch to an interim rate provided
1398by the distribution company or other supplier. Customers establishing electric service shall be
1399permitted to take service from their supplier on the first day of service. Customers shall not be
1400required to take basic service from a distribution company prior to selecting and switching to a
1401supplier. Notwithstanding the requirements of this subsection, a distribution company shall not
1402implement accelerated switching until the advanced metering infrastructure, approved by the
1403department in calendar year 2022 as part of a company’s grid modernization plan, is fully
1404deployed. 65 of 108
1405 (e) Distribution companies shall be entitled to recovery of prudent and necessary
1406expenses for the implementation of advanced metering data repositories. The department may
1407implement penalties for failure of distribution companies to meet implementation goals.
1408 SECTION 56. Section 141 of said chapter 164, as so appearing, is hereby amended by
1409striking out the second sentence and inserting in place thereof the following sentence:- Where the
1410scale of on-site generation would have an impact on affordability for low-income or moderate-
1411income customers, a fully compensating adjustment shall be made to the low-income or
1412moderate-income rate discount.
1413 SECTION 57. Said chapter 164 is hereby further amended by adding the following 4
1414sections:-
1415 Section 149. (a) For the purposes of this section, the following words shall, unless the
1416context clearly requires otherwise, have the following meanings:
1417 “Director”, the director of the division of public participation.
1418 “Division of public participation”, established in section 12T of chapter 25.
1419 “Fund”, the Department of Public Utilities and Energy Facilities Siting Board Intervenor
1420Support Fund established in section 12S of chapter 25.
1421 “Governmental body”, a city, town, district, regional school district, county or agency,
1422board, commission, authority, department or instrumentality of a city, town, district, regional
1423school district or county.
1424 “Grantee”, an organization, entity, governmental body, federally recognized tribe, state-
1425acknowledged tribe or state-recognized tribe that has received a grant award under this section. 66 of 108
1426 “Office of environmental justice and equity”, established in section 29 of chapter 21A.
1427 “Prospective grantee”, an organization, entity, governmental body, federally recognized
1428tribe, state-acknowledged tribe or state-recognized tribe that has applied or plans to apply for a
1429grant under this section.
1430 (b) The department may make available as grants funds deposited into the fund to parties
1431that have been granted intervenor status by the department or the board pursuant to clause (4) of
1432the second sentence of the first paragraph of section 10 of chapter 30A and corresponding
1433department and board regulations, and that are: (i) organizations and entities that advocate on
1434behalf of a relevant subset of residential customers defined geographically or based on specific
1435shared interests; (ii) organizations and entities that advocate on behalf of low-income or
1436moderate-income residential populations, residents of historically marginalized or overburdened
1437and underserved communities; or (iii) governmental bodies, including regional planning
1438agencies, federally recognized tribes, state-acknowledged tribes or state-recognized tribes.
1439 (c) The director, in consultation with the office of environmental justice and equity, shall
1440establish criteria to determine whether, and to what extent, a prospective grantee shall be eligible
1441to receive a grant award pursuant to this section. Such criteria shall include, but shall not be
1442limited to, whether the prospective grantee: (i) lacks the financial resources that would enable it
1443to intervene and participate in a department or board proceeding absent a grant award pursuant to
1444this section; and (ii) previously intervened in department or board proceedings prior to the
1445establishment of the intervenor support grant program pursuant to this section; provided,
1446however, that a municipality with a population of less than 7,500 that is a prospective grantee for
1447a proceeding pertaining to a facility, large clean energy infrastructure facility or small clean 67 of 108
1448energy infrastructure facility, as those terms are defined in section 69G, within its boundaries
1449shall not be required to meet the criteria pursuant to this paragraph to receive a grant award.
1450 (d) A prospective grantee seeking funding under this section shall submit a grant
1451application in a form and manner developed by the director demonstrating that the prospective
1452grantee meets the criteria established by the director in accordance with subsection (c). Such
1453grant application shall include: (i) a statement outlining the prospective grantee’s anticipated
1454participation in the department or board proceeding, to the extent it is known at the time of grant
1455application; (ii) a detailed estimate of costs and fees of anticipated attorneys, consultants and
1456experts, including community experts, and all other costs related to the preparation for, and
1457intervention and participation in, the department or board proceeding; and (iii) background
1458information on the attorneys, consultants and experts, including community experts, that the
1459prospective grantee plans to retain if awarded grant funding. The director may, at their
1460discretion, make conditional grant awards to grant applicants that have not yet been granted
1461intervenor status by the department or board; provided, however, that no grant shall be awarded
1462until such intervenor status is granted.
1463 (e) A grant awarded pursuant to this section shall not exceed $150,000 for any single
1464department or board proceeding. The director shall, in the director’s sole discretion, determine
1465the amount of financial support being granted, considering the demonstrated needs of the
1466intervenor and the complexity of the proceeding. The director may, in the director’s sole
1467discretion: (i) upon the petition of a prospective grantee, award a grant exceeding $150,000 only
1468upon a demonstration of good cause, including the complexity of the proceeding in which the
1469grantee is intervening; and (ii) upon the petition of a prospective grantee, provide grant funding
1470in addition to the funding initially requested under section (c) upon a showing that new, novel or 68 of 108
1471complex issues have arisen in the proceeding since the time the grant application was submitted
1472pursuant said subsection (c). The director shall consider the potential for intervenors to share
1473costs through collaborative efforts with other parties to a proceeding as part of determining the
1474amount of funding awarded to any prospective grantee and such intervenors shall be expected to
1475reduce duplicative costs to the extent possible in instances where the position or positions of
1476multiple intervenors align.
1477 (f) The aggregate grant funding for any individual department or board proceeding shall
1478not exceed $500,000; provided, however, that where the aggregate amount of funding being
1479requested exceeds $500,000, funding shall be allocated to prospective grantees based on their
1480relative financial hardship. The director may, at the director’s discretion and upon a
1481determination of good cause, provide funding exceeding $500,000 for any individual department
1482or board proceeding.
1483 (g) Ten per cent of grant funds awarded to a grantee, or a greater percentage as
1484determined by the director at the director’s sole discretion, may be expended on non-legal, non-
1485expert and non-consultant administrative costs directly attributable to the intervention and
1486participation in a proceeding before the department or board. All remaining grant funds may be
1487expended to retain qualified legal counsel, experts and consultants to assist in proceedings before
1488the department or board; provided, however, that such funds may be used to retain qualified
1489community experts, which shall include residential ratepayers and residents with lived
1490experience that can inform such proceedings. Such funding may be expended for administrative,
1491legal, consultant and expert costs associated with an intervention petition submitted pursuant to
1492clause (4) of the first paragraph of section 10 of chapter 30A or section 10A of said chapter 30A
1493and any department or board regulations, if applicable. 69 of 108
1494 (h) All grant payments to grantees shall be made from the fund. Such grant payments
1495shall be made only for reasonable costs incurred and upon submission of a grant payment request
1496by the grantee. Such grant payment requests shall be in a form and manner as prescribed by the
1497director and grant payments shall be made within 30 days of receipt of such grant payment
1498requests by the director to the grantee or to the entity designated by the grantee to receive grant
1499payments. The director, at the director’s discretion or as provided for in regulations promulgated
1500pursuant to this section, may provide grant payments before such costs are incurred by the
1501grantee upon a showing of financial hardship by the grantee.
1502 (i) All decisions pertaining to the issuance of financial support shall be made solely by
1503the director. The director shall have sole discretion to deny funding to a prospective grantee that
1504demonstrates a pattern of repeatedly delaying or obstructing, or attempting to repeatedly delay or
1505obstruct, proceedings or otherwise misuses or has misused funds.
1506 (j) In the department’s annual report required pursuant to section 2 of chapter 25, the
1507director shall include a report describing all activities of the fund, including, but not limited to:
1508(i) amounts credited to the fund, amounts expended from the fund and any unexpended balance;
1509(ii) a summary of the intervenor support grant fund application process; (iii) the number of grant
1510applications received, the number and amount of awards granted, and the number of grant
1511applications rejected; (iv) the number of intervenors who participated in proceedings with and
1512without support from the fund; (v) an itemization of costs incurred by and payments made to
1513grantees; (vi) an evaluation of the impact and contribution of grantees in department and board
1514proceedings; (vii) a summary of education and outreach activities conducted by the division of
1515public participation related to the intervenor support grant program; and (viii) any recommended
1516changes to the program. 70 of 108
1517 (k) The director shall develop: (i) accessible, multi-lingual and easily comprehensible
1518web-based educational materials, including forms and templates, to educate prospective grantees
1519and the public on the intervenor support grant program; and (ii) a robust virtual and in-person
1520outreach program to educate prospective grantees and the public about the intervenor support
1521grant program.
1522 (l) The department, in consultation with the board, shall promulgate regulations to
1523implement this section.
1524 Section 150. (a) For the purposes of this section, the following words shall, unless the
1525context clearly requires otherwise, have the following meanings:
1526 “Advanced conductors”, any hardware technology that can conduct electricity across
1527transmission distribution lines and demonstrate enhanced performance over traditional conductor
1528products.
1529 “Advanced power flow control”, any hardware or software technologies used to push or
1530pull electric power in a manner that balances overloaded lines and underutilized corridors within
1531the distribution or transmission system.
1532 “Advanced reconductoring”, the application of advanced conductors to increase the
1533capacity and efficiency of the existing electric grid.
1534 “Dynamic line rating”, any hardware or software technologies used to appropriately
1535update the calculated thermal limits of existing distribution or transmission lines based on real-
1536time and forecasted weather conditions. 71 of 108
1537 “Grid-enhancing technology”, any hardware or software technology that enables
1538enhanced or more efficient performance from the electric distribution or transmission system,
1539including, but not limited to, dynamic line rating, advanced power flow control technology,
1540topology optimization and energy storage when used as a distribution resource.
1541 “Topology optimization”, any hardware or software technology that identifies
1542reconfigurations of the distribution or transmission grid and can enable the routing of power
1543flows around congested or overloaded distribution or transmission elements.
1544 (b) To the extent authorized under federal law, for base rate proceedings and other
1545proceedings in which a distribution or transmission company proposes capital improvements or
1546additions to the distribution or transmission system, the distribution or transmission company
1547shall conduct a cost-effectiveness and timetable analysis of multiple strategies, including, but not
1548limited, to the deployment of grid-enhancing technology, advanced conductors or energy storage
1549used as a distribution resource. Where grid-enhancing technology, advanced conductors or
1550energy storage used as a distribution or transmission resource whether in combination with or
1551instead of capital investments, offer a more cost-effective strategy to achieving distribution or
1552transmission goals, including, but not limited to, distributed energy resource interconnection,
1553grid reliability and enhanced cyber and physical security, the department, to the extent permitted
1554under federal law, may approve the deployment of grid-enhancing technology, advanced
1555conductors or energy storage used as a distribution or transmission resource.
1556 (c) As part of a base rate filing or other filing in which a distribution or transmission
1557company proposes capital improvements or additions to the distribution or transmission system,
1558the distribution or transmission company may propose a performance incentive mechanism that 72 of 108
1559provides a financial incentive for the cost-effective deployment of grid-enhancing technologies,
1560advanced reconductoring or energy storage used as a distribution or transmission resource.
1561 (d) Once every 5 years, not later than September 1 of the fifth year, each distribution
1562company and, to the extent permitted by federal law, each transmission company shall make a
1563compliance filing with the department and provide a separate report to both ISO-NE and the joint
1564committee on telecommunications, utilities and energy on the deployment of grid-enhancing
1565technology, advanced conductors or energy storage used as a distribution or transmission
1566resource in a format determined by the department.
1567 Section 151. (a) For the purposes of this section, “meter socket adapter” shall mean an
1568electronic device that is installed between a residential electric meter and the meter socket, for
1569the purpose of facilitating the deployment of customer-owned or customer-leased technology.
1570 (b) An electric company shall authorize the installation and operation of a meter socket
1571adapter, whether the meter socket is owned by a residential customer or by a third-party, if the
1572meter socket adapter:
1573 (i) is qualified to be connected to the supply side of the service disconnect pursuant to the
1574applicable provisions of the National Electric Code;
1575 (ii) is approved or listed by a nationally recognized testing laboratory and is rated
1576appropriately for the meter socket into which it is intended to be installed;
1577 (iii) is certified to meet all applicable standards, as determined by a nationally recognized
1578testing laboratory approved by the department; and 73 of 108
1579 (iv) does not prevent access to the sealed meter socket compartment or the pull section of
1580the service section of the electric meter or switchboard, as applicable.
1581 (c) A manufacturer of a meter socket adapter, a third-party, a residential customer or an
1582electric company shall all be allowed to install, maintain or service a meter socket adapter or
1583associated equipment.
1584 (d) An electric company shall approve or disapprove a request for approval of a specific
1585model of meter socket adapter for installation in its service area not later than 60 days after a
1586manufacturer, a third-party or a residential customer submits a request for approval of the
1587specific model of meter socket adapter. An electric company shall provide public notice of all
1588decisions approving a meter socket adapter, including by posting the information on the utility’s
1589website. Should an electric company disapprove a specific model of meter socket adapter, the
1590electric company shall provide an explanation to the requesting vendor providing the reasons the
1591application was denied.
1592 (e) The department may adopt rules and regulations as necessary to implement the
1593provisions of this section.
1594 Section 152. (a) For the purposes of this section, “net crediting”, shall mean a payment
1595mechanism that requires a distribution company to, at the request of a host project or eligible
1596solar tariff generation unit system: (i) include the monthly subscription charge of a host project
1597or eligible solar tariff generation unit system on the monthly bills rendered by the distribution
1598company for electric service and supply to subscribers; and (ii) remit payment for those charges
1599to the host project or eligible solar tariff generation unit system, irrespective of whether
1600applicable subscribers have paid their electric bill. 74 of 108
1601 (b) A distribution company may require a reasonable fee for a host project or eligible
1602solar tariff generation unit system that uses net crediting. The fee shall not exceed 1 per cent of
1603the bill credit value remitted to the system unless the department determines a higher fee is just
1604and reasonable based on substantial evidence presented by the distribution company. The fee for
1605net crediting assessed to a host project or solar tariff generation unit system shall not exceed the
1606fee in effect at the time the host project or eligible solar tariff generation unit system elected for
1607an associated solar tariff generation unit system to participate in net crediting.
1608 (c) The department, in consultation with the department of energy resources, shall amend
1609any applicable rules, regulations and tariffs to permit the transfer of credits from an alternative
1610on-bill credit generation unit, as defined by regulations of the department of energy resources, to
1611customers of any distribution company located in the commonwealth.
1612 SECTION 58. Chapter 166 of the General Laws is hereby amended by striking out
1613section 28, as appearing in the 2022 Official Edition, and inserting in place thereof the following
1614section:-
1615 Section 28. A company subject to this chapter, except a telegraph or telephone company,
1616desiring to construct a line for the transmission of electricity that will, of necessity, pass through
1617at least 1 city or town to connect the proposed termini of such line, whose petition for the
1618location necessary for such line has been refused or has not been granted within 3 months after
1619the filing thereof by the city council or the select board of the town through which the company
1620intends to construct such line, may apply to the energy facilities siting board for such location.
1621The energy facilities siting board shall hold a public hearing thereon after notice to the city
1622council or select board refusing or neglecting to grant such location and to all persons owning 75 of 108
1623real estate abutting upon any way in the city or town where such location is sought, as such
1624ownership is determined by the last assessment for taxation. The energy facilities siting board
1625shall, if requested by the city council or select board, hold the hearing in the city or town where
1626the location is sought. If it appears at the hearing that the company has already been granted, and
1627has accepted, a location for such line in 2 cities or in 2 towns or in a city and town adjoining the
1628city or town refusing or neglecting to grant a location or if it appears at the hearing that the
1629company has already been granted, and has accepted, locations for such line in a majority of the
1630cities or towns through which such line will pass and if the energy facilities siting board deems
1631the location necessary for public convenience and in the public interest, the board may by order
1632grant a location for such line in the city or town with respect to which the application is made
1633and shall have and exercise the powers and authority conferred by section 22 upon the city
1634council or select board and in addition to the provisions of law governing such company may
1635impose such other terms, limitations and restrictions as it deems the public interest may require.
1636The energy facilities siting board shall cause an attested copy of its order, with the certificate of
1637its clerk endorsed thereon that the order was adopted after due notice and a public hearing, to be
1638forwarded to the city or town clerk, who shall record the same and furnish attested copies
1639thereof. The company in whose favor the order is made shall pay for such record and attested
1640copies the fees provided by clauses 31 and 32, respectively, of section 34 of chapter 262.
1641 SECTION 59. Section 3A of chapter 185 of the General Laws, as so appearing, is hereby
1642amended by striking out, in lines 35 to 37, inclusive, the words “either 25 or more dwelling units
1643or the construction or alteration of 25,000 square feet or more of gross floor area or both” and
1644inserting in place thereof the following words:- at least 1 of the following: (1) not less than 25
1645dwelling units; (2) the construction or alteration of not less than 25,000 square feet of gross floor 76 of 108
1646area; (3) the construction or alteration of a Class I renewable energy generating source, as
1647defined in subsection (c) of section 11F of chapter 25A; or (4) the construction or alteration of an
1648energy storage system, as defined in section 1 of chapter 164.
1649 SECTION 60. Said section 3A of said chapter 185 is hereby further amended by striking
1650out the words “at least 1 of the following: (1) not less than 25 dwelling units; (2) the construction
1651or alteration of not less than 25,000 square feet of gross floor area; (3) the construction or
1652alteration of a Class I renewable energy generating source, as defined in subsection (c) of section
165311F of chapter 25A; or (4) the construction or alteration of an energy storage system, as defined
1654in section 1 of chapter 164,” inserted by section 59, and inserting in place thereof the following
1655words:- either 25 or more dwelling units or the construction or alteration of 25,000 square feet or
1656more of gross floor area or both.
1657 SECTION 61. The first paragraph of section 83B of chapter 169 of the acts of 2008,
1658inserted by section 12 of chapter 188 of the acts of 2016, and most recently amended by section
165960 of chapter 179 of the acts of 2022, is hereby further amended by striking out the words “83C
1660and 83D” and inserting in place thereof the following words:- 83C, 83D, 83E and 83F.
1661 SECTION 62. Said first paragraph of said section 83B of said chapter 169, as so
1662amended, is hereby further amended by striking out the definition of “Clean energy generation”
1663and inserting in place thereof the following definition:-
1664 “Clean energy generation”, (i) firm service hydroelectric generation from hydroelectric
1665generation alone; (ii) new Class I RPS eligible resources that are firmed up with energy storage
1666or firm service hydroelectric generation; (iii) new Class I renewable portfolio standard eligible 77 of 108
1667resources; or (iv) nuclear power generation that is located in the ISO-NE control area and
1668commenced commercial operation before January 1, 2011.
1669 SECTION 63. Said first paragraph of said section 83B of said chapter 169, as so
1670amended, is hereby further amended by inserting after the definition of “Distribution company”
1671the following 2 definitions:-
1672 “Energy services”, operation of infrastructure that increases the deliverability or
1673reliability of clean energy generation or reduces the cost of clean energy generation. Such
1674infrastructure shall include, but not be limited to, transmission, energy storage systems, as
1675defined in section 1 of chapter 164 of the General Laws, and demand response technologies.
1676 “Environmental attributes”, all present and future attributes under any and all
1677international, federal, regional, state or other law or market, including, but not limited to, all
1678credits or certificates that are associated, either now or by future action, with clean energy
1679generation, including, but not limited to, those attributes authorized and created by programs
1680developed under subsection (c) section 3 of chapter 21N of the General Laws, and section 11F
1681and section 17 of chapter 25A of the General Laws.
1682 SECTION 64. Said first paragraph of said section 83B of said chapter 169, as so
1683amended, is hereby further amended by striking out the definition of “Long-term contract” and
1684inserting in place thereof the following definition:-
1685 “Long-term contract”, a contract for a period of 15 to 30 years for offshore wind energy
1686generation pursuant to section 83C or for clean energy generation pursuant to sections 83D or
168783E or for energy storage systems pursuant to section 83F; provided, however, that a contract for
1688offshore wind energy generation pursuant to said section 83C may include terms and conditions 78 of 108
1689for renewable energy credits associated with the offshore wind energy generation that exceed the
1690term of generation under the contract.
1691 SECTION 65. Said first paragraph of said section 83B of said chapter 169, as so
1692amended, is hereby further amended by striking out the definition of “Mid-duration energy
1693storage system” and inserting in place thereof the following 2 definitions:-
1694 “Mid-duration energy storage system”, an energy storage system, as defined in section 1
1695of chapter 164 of the General Laws, that is capable of dispatching energy at its full rated capacity
1696for a period equal to or greater than 4 hours and up to 10 hours.
1697 “Multi-day energy storage,” an energy storage system, as defined in section 1 of chapter
1698164 of the General Laws, that is capable of dispatching electricity at its full rated capacity for
1699greater than 24 hours.
1700 SECTION 65A. The first paragraph of section 2 of chapter 465 of the acts of 1956 is
1701hereby amended by inserting after the first sentence, the following sentence:- In discharging its
1702responsibilities and exercising its powers under this chapter, the Authority shall, with respect to
1703itself and the entities with which it contracts or does business, and in a manner consistent with
1704any act of congress relating to aeronautics or any regulations promulgated or standards
1705established pursuant thereto, promote commerce, economic prosperity, safety and security, as
1706well as environmental resiliency and reductions in greenhouse gas emissions, and incorporating
1707environmental justice principles, as defined in section 62 of chapter 30 of the General Laws.
1708 SECTION 65A. The first paragraph of section 2 of chapter 465 of the acts of 1956 is
1709hereby amended by inserting after the first sentence, the following sentence:- In discharging its
1710responsibilities and exercising its powers under this chapter, the Authority shall, with respect to 79 of 108
1711itself and the entities with which it contracts or does business, and in a manner consistent with
1712any act of congress relating to aeronautics or any regulations promulgated or standards
1713established pursuant thereto, promote commerce, economic prosperity, safety and security, as
1714well as environmental resiliency and reductions in greenhouse gas emissions, and incorporating
1715environmental justice principles, as defined in section 62 of chapter 30 of the General Laws.
1716 SECTION 65B. Section 3 of said chapter 465, as most recently amended by section 2 of
1717chapter 660 of the acts of 1977, is hereby further amended by striking subsection (g) and
1718inserting in place thereof the following subsection:-
1719 (g) To extend, enlarge, improve, rehabilitate, lease as lessor or lessee, maintain, repair,
1720and operate the projects under its control, and to establish rules and regulations for the use of any
1721such project; provided, that the Authority shall, with respect to itself and the entities with which
1722 it contracts or does business, and in a manner consistent with any act of congress relating
1723to aeronautics or to any regulations promulgated or standards established pursuant thereto,
1724undertake such activities, and promulgate such rules and regulations, in such a manner as to
1725promote commerce, economic prosperity, safety and security, as well as environmental resiliency
1726and reductions in greenhouse gas emissions, and incorporating environmental justice principles,
1727as defined in section 62 of chapter 30 of the General Laws; provided, further, that no such rules
1728or regulations shall conflict with the rules and regulations of any state or federal regulatory body
1729having jurisdiction over the operation of aircraft; and provided, further, that in the enforcement
1730of such rules and regulations the police appointed or employed by the Authority under section
1731twenty-three shall have within the boundaries of all projects all the powers of police officers and 80 of 108
1732constables of the towns of the commonwealth except the power of serving and executing civil
1733process;
1734 SECTION 66. Said chapter 169, as amended by chapter 188 of the acts of 2016, is hereby
1735further amended by inserting after section 83D the following 2 sections:-
1736 Section 83E. (a) In order to provide a cost-effective mechanism for procuring beneficial,
1737reliable clean energy generation resources on a long-term basis, taking into account the factors
1738outlined in this section, not later than August 31, 2025, every distribution company shall, in
1739coordination with the department of energy resources, jointly and competitively solicit proposals
1740for clean energy generation and, if reasonable proposals have been received, shall enter into cost-
1741effective long-term contracts for clean energy generation for an annual amount of electricity up
1742to approximately 9,450,000 megawatt-hours additional to the amount of clean energy generation
1743purchased from the seller in the year 2022 through the spot market or other contracts. Long-term
1744contracts executed pursuant to this section shall be subject to the approval of the department of
1745public utilities and shall be apportioned among the distribution companies pursuant to this
1746section.
1747 (b) The timetable and method for solicitation of long-term contracts shall be proposed by
1748the department of energy resources in coordination with the distribution companies using a
1749competitive bidding process and shall be subject to review and approval by the department of
1750public utilities. The department of energy resources shall consult with the distribution companies
1751and the attorney general’s office regarding the choice of solicitation methods. A solicitation may
1752be coordinated and issued jointly with other New England states or entities designated by those
1753states. The distribution companies, in coordination with the department of energy resources, may 81 of 108
1754conduct 1 or more competitive solicitations through a staggered procurement schedule developed
1755by the department of energy resources; provided, that the schedule shall ensure that the
1756distribution companies enter into cost-effective long-term contracts for the delivery of an annual
1757amount of clean energy generation up to approximately 9,450,000 megawatt-hours not later than
1758December 31, 2030, additional to the amount of clean energy generation purchased from the
1759seller in the year 2022 through the spot market or other contracts. Proposals received pursuant to
1760a solicitation pursuant to this section shall be subject to review by the department of energy
1761resources and the executive office of economic development, in consultation with the
1762independent evaluator selected pursuant to subsection (f). The electric distribution companies
1763shall offer technical advice. If the department of energy resources, in consultation with the
1764independent evaluator, determines that reasonable proposals were not received pursuant to a
1765solicitation, the department may terminate the solicitation, and may require additional
1766solicitations to fulfill the requirements of this section.
1767 (c) In developing proposed long-term contracts, the distribution companies shall consider
1768long-term contracts for clean energy certificates, for energy and for a combination of both clean
1769energy certificates and energy. A distribution company may decline to pursue a contract if the
1770contract’s terms and conditions would require the contract obligation to place an unreasonable
1771burden on the distribution company’s balance sheet after consultation with the department of
1772energy resources; provided, however, that the distribution company shall take all reasonable
1773actions to structure the contracts, pricing or administration of the products purchased under this
1774section to prevent or mitigate any impact on the balance sheet or income statement of the
1775distribution company or its parent company, subject to the approval of the department of public
1776utilities; and provided further, that mitigation shall not increase costs to ratepayers. If a 82 of 108
1777distribution company deems all contracts to be unreasonable, the distribution company shall
1778consult with the department of energy resources and, not later than 20 days of the date of its
1779decision, submit a filing to the department of public utilities. The filing shall include, in the form
1780and detail prescribed by the department of public utilities, documentation supporting the
1781distribution company’s decision to decline the contract. Following a distribution company’s
1782filing, and not later than 4 months of the date of filing, the department of public utilities shall
1783approve or reject the distribution company’s decision and may order the distribution company to
1784reconsider any contract. The department of public utilities shall take into consideration the
1785department of energy resources’ recommendations on the distribution company’s decision. The
1786department of energy resources may require additional solicitations to fulfill the requirements of
1787this section.
1788 (d) The department of public utilities shall promulgate regulations consistent with this
1789section. The regulations shall: (i) allow developers or owners of clean energy generation
1790resources to submit proposals for long-term contracts; (ii) require that contracts executed by the
1791distribution companies under such proposals are filed with, and approved by, the department of
1792public utilities before they become effective; (iii) provide for an annual remuneration for the
1793contracting distribution company equal to 2.25 per cent of the annual payments under the
1794contract to compensate the company for accepting the financial obligation of the long-term
1795contract; provided, however, that such provision shall be acted upon by the department of public
1796utilities at the time of contract approval; (iv) require associated transmission costs to be
1797incorporated into a proposal; provided, however, that to the extent that there are regional or
1798project-specific transmission costs included in a bid, the department of public utilities may, if it
1799finds such recovery to be in the public interest, authorize or require the contracting parties to 83 of 108
1800seek recovery of such transmission costs from other states or from benefitted entities or
1801populations in other states through federal transmission rates, consistent with policies and tariffs
1802of the Federal Energy Regulatory Commission; and (v) require that the clean energy resources to
1803be used by a developer or owner under the proposal: (A) provide enhanced electricity reliability,
1804system safety and energy security; (B) contribute to reducing winter electricity price spikes; (C)
1805are cost effective to electric ratepayers in the commonwealth over the term of the contract taking
1806into consideration costs and benefits to the ratepayers, including economic and environmental
1807benefits, and the equitable allocation of costs to, and the equitable sharing of costs with, other
1808states, and populations within other states that may benefit from clean energy generation
1809procured by the commonwealth; (D) if applicable, avoid line loss and mitigate transmission costs
1810to the extent possible and ensure that transmission cost overruns, if any, are not borne by
1811ratepayers; (E) allow long-term contracts for clean energy generation resources to be paired with
1812energy storage systems, including new and existing mid-duration and long-duration energy
1813storage systems; (F) if applicable, adequately demonstrate project viability in a commercially
1814reasonable timeframe; (G) include benefits to environmental justice populations and low-income
1815ratepayers in the commonwealth; and (H) include opportunities for diversity, equity and
1816inclusion, including, at a minimum, a workforce diversity plan and supplier diversity program
1817plan.
1818 (e) A proposed long-term contract shall be subject to the review and approval of the
1819department of public utilities and shall be apportioned among the distribution companies. As part
1820of its approval process, the department of public utilities shall consider recommendations by the
1821attorney general, which shall be submitted to the department not later than 45 days following the
1822filing of a proposed long-term contract with the department. The department of public utilities 84 of 108
1823shall take into consideration the department of energy resources’ recommendations on the costs
1824and benefits to the rate payers, the equitable allocation and sharing of costs to and with other
1825states and populations within other states that may benefit from clean energy generation procured
1826by the commonwealth and the requirements of chapter 298 of the acts of 2008 and statewide
1827greenhouse gas emissions limits under chapter 21N of the General Laws. The department of
1828public utilities shall consider the costs and benefits of the proposed long-term contract and shall
1829approve a proposed long-term contract if the department finds that the proposed contract is in the
1830public interest and a cost-effective mechanism for procuring beneficial, reliable clean energy on
1831a long-term basis, taking into account the factors outlined in this section. A distribution company
1832shall be entitled to cost recovery of payments made under a long-term contract approved under
1833this section.
1834 (f) The department of energy resources and the attorney general shall jointly select, and
1835the department of energy resources shall contract with, an independent evaluator to monitor and
1836report on the solicitation and bid selection process in order to assist the department of energy
1837resources in determining whether a proposal received pursuant to subsection (b) is reasonable,
1838and to assist the department of public utilities in its consideration of long-term contracts or filed
1839for approval. To ensure an open, fair and transparent solicitation and bid selection process that is
1840not unduly influenced by an affiliated company, the independent evaluator shall: (i) issue a
1841report to the department of public utilities analyzing the timetable and method of solicitation and
1842the solicitation process implemented by the distribution companies and the department of energy
1843resources under subsection (b) and include recommendations, if any, for improving the process;
1844and (ii) upon the opening of an investigation by the department of public utilities into a proposed
1845long-term contract for a winning bid proposal, file a report with the department of public utilities 85 of 108
1846summarizing and analyzing the solicitation and the bid selection process, and providing its
1847independent assessment of whether all bids were evaluated in a fair and non-discriminatory
1848manner. The independent evaluator shall have access to all information and data related to the
1849competitive solicitation and bid selection process necessary to fulfill the purposes of this
1850subsection but shall ensure all proprietary information remains confidential. The department of
1851public utilities shall consider the findings of the independent evaluator and may adopt
1852recommendations made by the independent evaluator as a condition for approval. If the
1853independent evaluator concludes in the findings that the solicitation and bid selection of a long-
1854term contract was not fair and objective and that the process was substantially prejudiced as a
1855result, the department of public utilities shall reject the contract.
1856 (g) The distribution companies shall each enter into a contract with the winning bidders
1857for their apportioned share of the market products being purchased from the project. The
1858apportioned share shall be calculated and based upon the total energy demand from all
1859distribution customers in each service territory of the distribution companies.
1860 (h) An electric distribution company may elect to use any energy purchased under such
1861contracts for resale to its customers and may elect to retain clean energy certificates to meet any
1862applicable annual portfolio standard requirements, including section 11F of chapter 25A of the
1863General Laws and other clean energy compliance standards as applicable. If the energy and clean
1864energy certificates are not so used, such companies shall sell such purchased energy into the
1865wholesale market and shall sell such purchased clean energy certificates attributed to any
1866applicable portfolio standard eligible resources to minimize the costs to ratepayers under the
1867contract. The department of energy resources shall conduct periodic reviews to determine the
1868impact on the energy and clean energy certificate markets of the disposition of energy and clean 86 of 108
1869energy certificates under this section and may issue reports recommending legislative changes if
1870it determines that actions are being taken that will adversely affect the energy and clean energy
1871certificate markets.
1872 (i) If a distribution company sells the purchased energy into the wholesale spot market
1873and auctions the clean energy certificates as described in this section, the distribution company
1874shall net the cost of payments made to projects under the long-term contracts against the net
1875proceeds obtained from the sale of energy and clean energy certificates, and the difference shall
1876be credited or charged to all distribution customers through a uniform, fully reconciling annual
1877factor in distribution rates, subject to review and approval of the department of public utilities.
1878 (j) A long-term contract procured under this section shall utilize an appropriate tracking
1879system to ensure a unit-specific accounting of the delivery of clean energy to enable the
1880department of environmental protection, in consultation with the department of energy resources,
1881to accurately measure progress in achieving the commonwealth’s goals under chapter 298 of the
1882acts of 2008 or the statewide greenhouse gas emissions limits under chapter 21N of the General
1883Laws.
1884 (k) The department of energy resources and the department of public utilities may jointly
1885develop requirements for a bond or other security to ensure performance with requirements
1886under this section.
1887 (l) If this section is subjected to a legal challenge, the department of public utilities may
1888suspend the applicability of the challenged provision during the pendency of the action until a
1889final resolution, including any appeals, is obtained and shall issue an order and take other actions 87 of 108
1890as are necessary to ensure that the provisions not subject to the challenge are implemented
1891expeditiously to achieve the public purposes of this section.
1892 Section 83F. (a) In order to provide a cost-effective mechanism for procuring beneficial,
1893reliable energy storage systems, as defined in section 1 of chapter 164 of the General Laws, on a
1894long-term basis, taking into account the factors outlined in this section, every distribution
1895company shall, in coordination with the department of energy resources, jointly and
1896competitively solicit proposals for energy storage systems and, provided that reasonable
1897proposals have been received, shall enter into cost-effective long-term contracts for up to 5,000
1898megawatts of energy storage systems, of which 3,500 megawatts shall be mid-duration energy
1899storage; 750 megawatts shall be long-duration energy storage; and 750 megawatts shall be multi-
1900day energy storage; provided, that existing energy storage systems shall be eligible to participate
1901in any procurement issued under this section. Long-term contracts executed pursuant to this
1902section shall be subject to the approval of the department of public utilities and shall be
1903apportioned among the distribution companies pursuant to this section.
1904 (b) The timetable and method for solicitation of long-term contracts shall be proposed by
1905the department of energy resources in coordination with the distribution companies using a
1906competitive bidding process and shall be subject to review and approval by the department of
1907public utilities. The department of energy resources shall consult with the distribution companies
1908and the office of the attorney general regarding the choice of solicitation methods. A solicitation
1909may be coordinated and issued jointly with other New England states or entities designated by
1910those states. The distribution companies, in coordination with the department of energy
1911resources, may conduct 1 or more competitive solicitations through a staggered procurement
1912schedule developed by the department of energy resources; provided, however, that 88 of 108
1913approximately 1,500 megawatts shall be procured not later than July 31, 2025, of which
1914approximately 250 megawatts shall be multi-day storage; approximately 1,000 megawatts not
1915later than July 31, 2026, of which approximately 250 megawatts shall be multi-day storage; and
1916approximately 1,000 megawatts not later than July 31, 2027, of which approximately 250
1917megawatts shall be multi-day storage; provided further, that the schedule shall ensure that the
1918distribution companies enter into cost-effective long-term contracts for the delivery of energy
1919storage systems up to approximately 5,000 megawatts not later than July 31, 2028. Proposals
1920received pursuant to a solicitation pursuant to this section shall be subject to review by the
1921department of energy resources and the executive office of economic development in
1922consultation with the independent evaluator. The electric distribution companies shall offer
1923technical advice. If the department of energy resources, in consultation with the independent
1924evaluator, determines that reasonable proposals were not received pursuant to a solicitation, the
1925department may terminate the solicitation and may require additional solicitations to fulfill the
1926requirements of this section.
1927 (c) The department may give preference to proposals for environmental attributes or
1928energy services from energy storage systems that provide additional benefits or value to the
1929electric power grid or communities, including, but not limited to: (i) supporting grid resiliency
1930and transmission needs in specific geographic locations; (ii) providing economic opportunities or
1931public health benefits to environmental justice or disadvantaged communities; or (iii) creating
1932economic opportunities in transitioning fossil fuel communities.
1933 (d) In developing proposed long-term contracts, the distribution companies shall consider
1934long-term contracts for energy services, for environmental attributes and for a combination of
1935both energy services and environmental attributes. A distribution company may decline to pursue 89 of 108
1936a contract if the contract’s terms and conditions would require the contract obligation to place an
1937unreasonable burden on the distribution company’s balance sheet after consultation with the
1938department of energy resources; provided, however, that the distribution company shall take all
1939reasonable actions to structure the contracts, pricing or administration of the products purchased
1940under this section to prevent or mitigate an impact on the balance sheet or income statement of
1941the distribution company or its parent company, subject to the approval of the department of
1942public utilities; and provided further, that mitigation shall not increase costs to ratepayers. If a
1943distribution company deems all contracts to be unreasonable, the distribution company shall
1944consult with the department of energy resources and, not later than 20 days of the date of its
1945decision, submit a filing to the department of public utilities. The filing shall include, in the form
1946and detail prescribed by the department of public utilities, documentation supporting the
1947distribution company’s decision to decline the contract. Following a distribution company’s
1948filing, and not later than 4 months of the date of filing, the department of public utilities shall
1949approve or reject the distribution company’s decision and may order the distribution company to
1950reconsider any contract. The department of public utilities shall take into consideration the
1951department of energy resources’ recommendations on the distribution company’s decision. The
1952department of energy resources may require additional solicitations to fulfill the requirements of
1953this section.
1954 (e) The department of public utilities shall promulgate regulations consistent with this
1955section. The regulations shall: (i) allow developers or owners of energy storage systems to
1956submit proposals for long-term contracts; (ii) require that contracts executed by the distribution
1957companies under such proposals are filed with, and approved by, the department of public
1958utilities before they become effective; (iii) provide for an annual remuneration for the contracting 90 of 108
1959distribution company equal to 2.25 per cent of the annual payments under the contract to
1960compensate the company for accepting the financial obligation of the long-term contract;
1961provided, however, that such provision shall be acted upon by the department of public utilities
1962at the time of contract approval; (iv) require associated transmission costs to be incorporated into
1963a proposal; provided, however, that to the extent there are regional or project-specific
1964transmission costs included in a bid, the department of public utilities may, if it finds such
1965recovery to be in the public interest, authorize or require the contracting parties to seek recovery
1966of such transmission costs from other states or from benefitted entities or populations in other
1967states through federal transmission rates, consistent with policies and tariffs of the Federal
1968Energy Regulatory Commission; and (v) require that the energy storage systems used by a
1969developer or owner under the proposal meet the following criteria: (A) are cost effective to
1970electric ratepayers in the commonwealth over the term of the contract taking into consideration
1971costs and benefits to the ratepayers, including economic and environmental benefits and the
1972equitable allocation of costs to, and the equitable sharing of costs with other states and
1973populations within other states that may benefit from energy storage systems procured by the
1974commonwealth; (B) if applicable, adequately demonstrate project viability in a commercially
1975reasonable timeframe; (C) include benefits to environmental justice populations and low-income
1976ratepayers in the commonwealth; and (D) include opportunities for diversity, equity and
1977inclusion, including, at a minimum, a workforce diversity plan and supplier diversity program
1978plan.
1979 (f) A proposed long-term contract shall be subject to the review and approval of the
1980department of public utilities and shall be apportioned among the distribution companies. As part
1981of its approval process, the department of public utilities shall consider recommendations by the 91 of 108
1982attorney general, which shall be submitted to the department not later than 45 days following the
1983filing of a proposed long-term contract with the department. The department of public utilities
1984shall take into consideration the department of energy resources’ recommendations on the costs
1985and benefits to the rate payers the equitable allocation and sharing of costs to and with other
1986states and populations within other states that may benefit from energy storage systems procured
1987by the commonwealth and the requirements of chapter 298 of the acts of 2008 and statewide
1988greenhouse gas emissions limits under chapter 21N of the General Laws. The department of
1989public utilities shall consider the costs and benefits of the proposed long-term contract and shall
1990approve a proposed long-term contract if the department finds that the proposed contract is in the
1991public interest and is a cost-effective mechanism for procuring beneficial, reliable energy storage
1992systems on a long-term basis, taking into account the factors outlined in this section. A
1993distribution company shall be entitled to cost recovery of payments made under a long-term
1994contract approved under this section.
1995 (g) The department of energy resources and the attorney general shall jointly select, and
1996the department of energy resources shall contract with, an independent evaluator to monitor and
1997report on the solicitation and bid selection process in order to assist the department of energy
1998resources in determining whether a proposal received pursuant to subsection (b) is reasonable
1999and to assist the department of public utilities in its consideration of long-term contracts or filed
2000for approval. To ensure an open, fair and transparent solicitation and bid selection process is not
2001unduly influenced by an affiliated company, the independent evaluator shall: (i) issue a report to
2002the department of public utilities analyzing the timetable and method of solicitation and the
2003solicitation process implemented by the distribution companies and the department of energy
2004resources under subsection (b) and include recommendations, if any, for improving the process; 92 of 108
2005and (ii) upon the opening of an investigation by the department of public utilities into a proposed
2006long-term contract for a winning bid proposal, file a report with the department of public utilities
2007summarizing and analyzing the solicitation and the bid selection process and providing its
2008independent assessment of whether all bids were evaluated in a fair and non-discriminatory
2009manner. The independent evaluator shall have access to all information and data related to the
2010competitive solicitation and bid selection process necessary to fulfill the purposes of this
2011subsection but shall ensure all proprietary information remains confidential. The department of
2012public utilities shall consider the findings of the independent evaluator and may adopt
2013recommendations made by the independent evaluator as a condition for approval. If the
2014independent evaluator concludes in the findings that the solicitation and bid selection of a long-
2015term contract was not fair and objective and that the process was substantially prejudiced as a
2016result, the department of public utilities shall reject the contract.
2017 (h) The distribution companies shall each enter into a contract with the winning bidders
2018for their apportioned share of the market products being purchased from the project. The
2019apportioned share shall be calculated and based upon the total energy demand from all
2020distribution customers in each service territory of the distribution companies.
2021 (i) An electric distribution company may elect to use any energy services purchased
2022under such contracts for resale to its customers and may elect to retain environmental attributes
2023to meet any applicable annual portfolio standard requirements, including section 11F of chapter
202425A of the General Laws, and other clean energy compliance standards as applicable. If the
2025energy services and environmental attributes are not so used, such companies shall sell such
2026purchased energy services into the wholesale market and shall sell such purchased environmental
2027attributes attributed to any applicable portfolio standard eligible resources to minimize the costs 93 of 108
2028to ratepayers under the contract. The department of energy resources shall conduct periodic
2029reviews to determine the impact on the energy services and environmental attributes markets of
2030the disposition of energy services and environmental attributes under this section and may issue
2031reports recommending legislative changes if it determines that actions are being taken that will
2032adversely affect the energy services and environmental attributes markets.
2033 (j) If a distribution company sells the purchased energy services into the wholesale spot
2034market and auctions the environmental attributes as described in this section, the distribution
2035company shall net the cost of payments made to projects under the long-term contracts against
2036the net proceeds obtained from the sale of energy services and environmental attributes, and the
2037difference shall be credited or charged to all distribution customers through a uniform, fully
2038reconciling annual factor in distribution rates, subject to review and approval of the department
2039of public utilities.
2040 (k) A long-term contract procured under this section for energy storage systems shall
2041utilize an appropriate tracking system to ensure a unit specific accounting of the delivery of
2042energy storage, to enable the department of environmental protection, in consultation with the
2043department of energy resources, to accurately measure progress in achieving the
2044commonwealth’s goals under chapter 298 of the acts of 2008 or the statewide greenhouse gas
2045emissions limits under chapter 21N of the General Laws.
2046 (l) The department of energy resources and the department of public utilities may jointly
2047develop requirements for a bond or other security to ensure performance with requirements
2048under this section. 94 of 108
2049 (m) The department of energy resources may promulgate regulations necessary to
2050implement this section.
2051 (n) If this section is subjected to a legal challenge, the department of public utilities may
2052suspend the applicability of the challenged provision during the pendency of the action until a
2053final resolution, including any appeals, is obtained and shall issue an order and take other actions
2054as are necessary to ensure that the provisions not subject to the challenge are implemented
2055expeditiously to achieve the public purposes of this section.
2056 SECTION 67. Subsection (a) of section 81 of chapter 179 of the acts of 2022 is hereby
2057amended by striking out the figure “11” and inserting in place thereof the following figure:- 13.
2058 SECTION 68. Said subsection (a) of said section 81 of said chapter 179 is hereby further
2059amended by inserting after the words “commissioner of public utilities or designee” the
2060following words:- ; the executive director of the Massachusetts clean energy technology center
2061or designee; the attorney general or designee.
2062 SECTION 69. Section 82 of said chapter 179 is hereby amended by striking out the
2063words “December 31, 2022” and inserting in place thereof the following words:- December 31,
20642025.
2065 SECTION 70. Subsection (b) of section 85 of said chapter 179 is hereby amended by
2066striking out the last sentence and inserting in place thereof the following sentence:- If the
2067secretary finds that use of such a market-based mechanism, structure, system or competitive
2068solicitation would be beneficial to the commonwealth, the secretary shall direct the department
2069of energy resources to promulgate regulations pursuant to subsection (c). 95 of 108
2070 SECTION 71. Said section 85 of said chapter 179 is hereby further amended by striking
2071out subsection (c) and inserting in place thereof the following subsection:-
2072 (c) Pursuant to subsections (a) and (b), the department of energy resources shall adopt
2073regulations establishing or governing such market-based mechanisms, structures, systems or
2074competitive solicitations that may include long-term contracts, ISO New England Inc.
2075administered markets or any other exchanges, banking, credits, charges, exactions or electricity
2076transactions consistent with rules and protocols established by state regulation, including in
2077cooperation with other states in the ISO New England Inc. service area, to reduce greenhouse
2078gas emissions from sources or categories of sources and comply with the statewide greenhouse
2079gas emission limits and sublimits established pursuant to chapter 21N of the General Laws.
2080 SECTION 72. (a) The department of energy resources and the Massachusetts Department
2081of Transportation, in consultation with each electric distribution company, shall forecast electric
2082vehicle charging demand through the year 2045 and identify sites to create a statewide network
2083of fast-charging hubs along the highways and major roadways of the commonwealth at service
2084plazas and other locations and charging capacity for fleet depots. In conducting its forecast, the
2085departments shall consult with key stakeholders, including, but not limited to, electric vehicle
2086supply equipment companies, electric vehicle original equipment manufacturers and fleet
2087operators. The forecast shall consider current traffic patterns and expected adoption of electric
2088vehicles and the associated demand from light, medium and heavy-duty electric vehicles. The
2089departments shall complete their forecast not later than 6 months following the effective date of
2090this act. 96 of 108
2091 (b) Not later than 6 months of the completion of the demand forecast, the department of
2092energy resources, the Massachusetts Department of Transportation and the electric distribution
2093companies shall identify optimal sites along or near commonwealth highways and major
2094roadways in each electric distribution company service territory, which are suitable to host
2095electric vehicle fast charging hubs and fleet depots to meet the anticipated demand in 2045.
2096Identification of such priority sites for electric vehicle fast charging stations and fleet depots
2097shall include, but not be limited to, consideration of the following: (i) ease of access for both
2098consumer and commercial electric vehicles; (ii) cost-effective and efficient use of existing
2099electric company infrastructure and rights-of-way; (iii) land use feasibility; (iv) potential ability
2100to qualify for public funds, including, but not limited to, those funds made available under the
2101federal Infrastructure Investment and Jobs Act, Public Law 117-58; and (v) impact on
2102environmental justice communities.
2103 (c) Not later than 6 months of identification of such electric vehicle fast charging hubs
2104and fleet depots, each electric distribution company shall develop and submit to the department
2105of public utilities a plan to design and build the additional distribution infrastructure investments
2106necessary on its system to satisfy, at a minimum, the year 2045 projected charging demand at the
2107applicable sites. The associated infrastructure investments shall be designed to accommodate any
2108additional projected future needs for the area identified by the electric distribution company.
2109 (d) The department of public utilities shall approve plans submitted pursuant to
2110subsection (c) that the department finds reasonable not later than 6 months of each electric
2111distribution company submitting its plan. Each electric distribution company shall be entitled to
2112full cost recovery of all charges for the infrastructure investments resulting from the plan. 97 of 108
2113 SECTION 73. The department of public utilities shall, in consultation with the
2114distribution companies, conduct a process to investigate establishing and refining standards that
2115expand the use of distributed grid edge software on AMI meters already approved by the
2116department, which supports efficiency, load flexibility and distribution system intelligence to
2117improve system utilization, reduce costs and improve reliability to customers. Standards shall
2118include, but shall not be limited to, methods for increasing capacity for managing loads and
2119resources in the grid by electric utilities and third parties. The distribution companies shall
2120design at least 1 metric for improved monitoring and controlling the grid using high-resolution
2121data in utility meters that will allow such distribution companies to earn an incentive for positive
2122performance. The department of public utilities shall complete its investigation and submit a
2123report detailing its conclusions to the joint committee on telecommunications, utilities and
2124energy not later than April 1, 2025.
2125 SECTION 74. (a) Notwithstanding any general or special law to the contrary, the
2126department of energy resources shall conduct a review to determine the effectiveness of the
2127commonwealth’s existing solicitations and procurements required by section 83C of chapter 169
2128of the acts of 2008, as inserted by chapter 188 of the acts of 2016, for the purposes of ensuring
2129compliance with statewide greenhouse gas emissions limits and sublimits under chapter 21N of
2130the General Laws.
2131 (b) The department’s recommendations shall include a review of: (i) prior clean energy
2132solicitations; (ii) best practices and models utilized by other states to procure clean energy; (iii)
2133authorizing surplus interconnection service as an available transmission option in future
2134solicitations and procurements required by section 83C of chapter 169 of the acts of 2008; and
2135(iv) strategies to minimize total carbon emissions generated by vessels during both the 98 of 108
2136construction phase and the operation and maintenance phase of a project and any legislative
2137recommendations needed to amend or replace existing statutory authority. The department shall
2138consult with the clean energy industry, the office of the attorney general, the Massachusetts clean
2139energy technology center, environmental justice organizations, labor organizations representing
2140workers in the offshore wind industry and other impacted stakeholders as part of this review
2141process. Such review and recommendations shall be submitted to the joint committee on
2142telecommunications, utilities and energy not later than December 1, 2024.
2143 SECTION 74A. The executive office of energy and environmental affairs shall conduct a
2144study on the feasibility of the electric vehicle only sales mandate which becomes effective in
21452035. The study shall include, but not be limited to, an examination of a realistic timeline to
2146implement the mandate, the infrastructure needed to implement the mandate such as ample
2147charging stations throughout the state, and where and how enough electricity will be needed and
2148generated into the power grid to sustain such a mandate by 2035. The study shall also seek input
2149on the impacts of the mandate from relevant industries, including but not limited to, the
2150automobile industry, auto sales industry, auto repair industry, transportation industry, travel and
2151tourism, shipping and construction industries. The executive office shall collect information on
2152the feasibility of installing and providing access to charging stations in rural, suburban and urban
2153areas. The executive office shall also collect and study information on the costs associated with
2154the repair and general maintenance of electric vehicles compared to gas fueled vehicles.
2155 The executive office shall report its findings to the joint committee on
2156telecommunications, utilities and energy, the chairs of the house and senate committees on
2157global warming and climate change, and the chairs of the house and senate committees on ways
2158and means by July 31, 2025. 99 of 108
2159 SECTION 75. (a) The department of public utilities, in coordination with the department
2160of energy resources, shall conduct an independent investigation that examines the use of
2161advanced conductors and grid-enhancing technologies to enhance the performance of the
2162commonwealth’s transmission system in applications that are subject to federal jurisdiction. Such
2163advanced conductors and grid-enhancing technologies may include, but shall not be limited to,
2164reconductoring of transmission and distribution lines and the use of dynamic line ratings,
2165advanced power flow control and topology optimization software.
2166 (b) In conducting its investigation, the department shall: (i) review industry trends for the
2167implementation and use of advanced conductors and grid-enhancing technologies and determine
2168which technologies are cost-effective and in the public interest and under what conditions those
2169technologies could be utilized for transmission and distribution infrastructure within the state;
2170and (ii) for any technologies determined to be cost effective and in the public interest, identify
2171any jurisdictional and cost-sharing issues related to requiring a transmission and distribution
2172utility to implement the grid-enhancing technologies. The investigation shall consider the costs
2173of advanced conductors and grid-enhancing technology and shall consider their benefits
2174including, but not limited to: (A) access to lower cost and zero carbon electricity; (B) accelerated
2175distributed energy resource interconnection; (C) reduced generator curtailment or congestion;
2176(D) reduced environmental impacts; (E) maximizing the value of planned investments; (F)
2177improved resilience; and (G) improved outage coordination and mitigation.
2178 (c) The department of public utilities shall submit is report to the joint committee on
2179telecommunications, utilities and energy not later than September 1, 2025. 100 of 108
2180 SECTION 76. (a) Notwithstanding any general or special law to the contrary, an energy
2181storage system, as defined in section 1 of chapter 164 of the General Laws, that is not less than
2182100 megawatt hours and has received a comprehensive exemption from local zoning by-laws
2183from the department of public utilities pursuant to section 3 of chapter 40A of the General Laws,
2184may petition the energy facilities siting board to obtain a certificate of environmental impact and
2185public interest if the petition is filed prior to the date when regulations are promulgated pursuant
2186to section 89.
2187 (b) The energy facilities siting board shall consider a petition pursuant to subsection (a) if
2188the applicant is prevented from building the energy storage system because: (i) the applicant is
2189unable to meet standards imposed by a state or local agency with reasonable and commercially
2190available equipment; (ii) the processing or granting by a state or local agency of any approval,
2191consent, permit or certificate has been unduly delayed for any reason; (iii) the applicant believes
2192there are inconsistencies among resource use permits issued by such state or local agencies; (iv)
2193the applicant believes that a nonregulatory issue or condition has been raised or imposed by such
2194state or local agencies, including, but not limited to, aesthetics and recreation; (v) the generating
2195facility cannot be constructed due to any disapprovals, conditions or denials by a state or local
2196agency or body, except with respect to any lands or interests therein, excluding public ways,
2197owned or managed by any state agency or local government; or (vi) the facility cannot be
2198constructed because of delays caused by the appeal of any approval, consent, permit or
2199certificate.
2200 (c) The energy facilities siting board shall, upon petition, consider an application for a
2201certificate of environmental impact and public interest if it finds that any state or local agency
2202has imposed a burdensome condition or limitation on any license or permit. An energy storage 101 of 108
2203system, with respect to which a certificate is issued by the energy facilities siting board, shall
2204thereafter be constructed, maintained and operated in conformity with such certificate and any
2205terms and conditions contained therein.
2206 (d) Notwithstanding any general or special law to the contrary, such certificate may be so
2207issued; provided, however, that when so issued no state agency or local government shall require
2208any approval, consent, permit, certificate or condition for the construction, operation or
2209maintenance of the energy storage system with respect to which the certificate is issued and no
2210state agency or local government shall impose or enforce any law, ordinance, by-law, rule or
2211regulation nor take any action nor fail to take any action that would delay or prevent the
2212construction, operation or maintenance of such energy storage system except as required by
2213federal law; and provided further, that the energy facilities siting board shall not issue a
2214certificate, the effect of which would be to grant or modify a permit, approval or authorization,
2215which, if so granted or modified by the appropriate state or local agency, would be invalid
2216because of a conflict with applicable federal water or air standards or requirements. A certificate,
2217if issued, shall be in the form of a composite of all individual permits, approvals or
2218authorizations that would otherwise be necessary for the construction and operation of the energy
2219storage system and that portion of the certificate that relates to subject matters within the
2220jurisdiction of a state or local agency shall be enforced by said agency under the other applicable
2221laws of the commonwealth as if it had been directly granted by the said agency.
2222 (e) Energy storage systems that have not petitioned the department of public utilities for a
2223comprehensive exemption from local zoning by-laws pursuant to section 3 of chapter 40A of the
2224General Laws prior to March 1, 2026 shall not be eligible to petition the energy facilities siting
2225board to obtain a certificate of environmental impact and public interest under this section. 102 of 108
2226 (f) Notwithstanding any general or special law to the contrary, large clean energy storage
2227facilities that have: (i) submitted a petition under section 72 of chapter 164 of the General Laws;
2228(ii) submitted a petition under section 3 of chapter 40A of the General Laws; or (iii) requested
2229local permits or a grant of location prior to the date when regulations are promulgated pursuant
2230to section 89 shall not be required to submit an application or petition to the energy facility siting
2231board pursuant to section 69T of chapter 164 of the General Laws.
2232 SECTION 77. (a) For purposes of this section, the following words shall, unless the
2233context clearly requires otherwise, have the following meanings:
2234 “Approval”, except as otherwise provided in subsection (b), any permit, certificate, order,
2235excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
2236building permit or other approval or determination of rights from any municipal, regional or state
2237governmental entity, including any agency, department, commission or other instrumentality of
2238the municipal, regional or state governmental entity, concerning the use or development of real
2239property, including certificates, licenses, certifications, determinations, exemptions, variances,
2240waivers, building permits or other approvals or determination of rights issued or made under
2241chapter 21 of the General Laws or chapter 21A of the General Laws; provided, however
2242“approval” shall not mean any permit, certificate, order, excluding enforcement orders, license,
2243certification, determination, exemption, variance, waiver, building permit or other approval or
2244determination of rights issued or made under section 16 of chapter 21D of the General Laws,
2245sections 61 to 62H, inclusive, of chapter 30 of the General Laws, chapters 30A, 40 and 40A to
224640C, inclusive, of the General Laws, chapters 40R, 41 and 43D of the General Laws, section 21
2247of chapter 81 of the General Laws, chapters 91, 131, 131A and 143 of the General Laws, 103 of 108
2248sections 4 and 5 of chapter 249 of the General Laws or chapter 258 of the General Laws or
2249chapter 665 of the acts of 1956 or any local by-law or ordinance.
2250 “Clean energy infrastructure project”, a project involving the construction,
2251reconstruction, conversion, relocation or enlargement of any renewable energy generating
2252source, as defined in subsection (c) of section 11F of chapter 25A of the General Laws, any
2253energy storage system, as defined in section 1 of chapter 164 of the General Laws, any
2254transmission facility or distribution facility, as defined in said section 1 of said chapter 164, or
2255related infrastructure, including substations and any other project that may be so designated as a
2256clean energy infrastructure project by the department of energy resources.
2257 (b)(1) Notwithstanding any general or special law to the contrary, any approval granted
2258for a clean energy generation or storage project that was in effect from October 22, 2020 to
2259August 1, 2024, inclusive, shall be extended to August 1, 2029.
2260 (2) A clean energy infrastructure project shall be governed by the applicable provisions
2261of any state, regional or local statute, regulation, ordinance or by-law, if any, in effect at the time
2262of the initial approval granted for such project, unless the owner or petitioner of such project
2263elects to waive this section.
2264 (3) Nothing in this section shall extend or purport to extend: (i) a permit or approval
2265issued by the government of the United States or an agency or instrumentality of the government
2266of the United States or to a permit or approval of which the duration of effect or the date or terms
2267of its expiration are specified or determined by or under law or regulation of the federal
2268government or any of its agencies or instrumentalities; or (ii) a permit, license, privilege or 104 of 108
2269approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws
2270for hunting, fishing or aquaculture.
2271 (4) If an owner or petitioner sells or otherwise transfers a property or project to receive
2272approval for an extension, the new owner or petitioner shall agree to assume all commitments
2273made by the original owner or petitioner under the terms of the approval, otherwise the approval
2274shall not be extended under this section.
2275 SECTION 78. The department of public utilities shall commission a management study
2276to assess: (i) the likely workload of the energy facilities siting board based on the new
2277requirements of this act and the commonwealth’s clean energy and climate plans; (ii) the
2278workforce qualifications needed to implement this act; (iii) the cost associated with the hiring
2279and retention of qualified professionals and consultants to successfully complete that work
2280required pursuant to this act; and (iv) the design, population and maintenance of a real-time,
2281online clean energy infrastructure dashboard, as required to be maintained by the facility siting
2282division pursuant to section 12N of chapter 25 of the General Laws. The funding and staffing
2283resource requirements identified in the management study shall be reported to the joint
2284committee on ways and means, the joint committee on telecommunications, utilities and energy,
2285the secretary of energy and environmental affairs and the secretary of administration and finance
2286not later than December 1, 2024. The secretary of energy and environmental affairs and the
2287secretary of administration and finance shall not later than 60 days of their receipt of the study
2288provide recommendations to the chairs of the house and senate committees on ways and means
2289and the joint committee on telecommunications, utilities and energy on options to implement any
2290proposed recommendations of the study. 105 of 108
2291 SECTION 79. The department of environmental protection, in consultation with the
2292board of fire prevention and regulations and the department of energy resources, shall issue
2293guidance on the public health, safety and environmental impacts of electric battery storage and
2294electric vehicle chargers not more than 6 months after the effective date of this act.
2295 SECTION 79A. (a) Notwithstanding 225 CMR 15.07(2) or any general or special law,
2296rule or regulation to the contrary, the RPS Class II Waste Energy Minimum Standard in the year
22972026 and all subsequent compliance years shall be equal to 3.7 per cent of total annual electrical
2298energy sales.
2299 (b) Notwithstanding 225 CMR 15.08(4)(a)(2) or any general or special law, rule or
2300regulation to the contrary, the alternative compliance payment rate for the RPS Class II Waste
2301Energy Minimum Standard in the year 2026 and all subsequent compliance years shall be equal
2302to the alternative compliance payment rate for the RPS Class II Renewable Energy Minimum
2303Standard set pursuant to 225 CMR 15.08(3)(a)(2).
2304 SECTION 80. The Massachusetts clean energy technology center shall issue technical
2305guidance pursuant to section 9A of chapter 23J of the General Laws, as amended by section 2, on
2306how a municipality, or group of municipalities with an approved municipal load aggregation plan
2307authorized pursuant to section 134 of chapter 164 of the General Laws, or with approved
2308aggregations authorized pursuant to section 137 of said chapter 164, may enter into a long-term
2309contract to purchase electricity from an offshore wind developer. The guidance shall be publicly
2310posted on the center’s website not later than December 31, 2024. 106 of 108
2311 SECTION 81. The department of public utilities shall promulgate regulations to
2312implement section 26, including the establishment of a moderate-income discount eligibility rate
2313not later than 180 days after the effective date of this act.
2314 SECTION 82. Subsection (a) of section 116C of chapter 164 of the General Laws,
2315inserted by section 55, shall be implemented not later than 1 year after the effective date of this
2316act.
2317 SECTION 83. All distribution companies operating within the commonwealth shall
2318submit a plan for the implementation of advanced metering data access protocols pursuant to
2319section 116C of chapter 164 of the General Laws, as inserted by section 55, to the department of
2320public utilities for approval not later than 180 days after the effective date of this act.
2321 SECTION 84. The rules required by subsection (b) of section 92E of chapter 164 of the
2322General Laws, inserted by section 54, shall be promulgated by the department of public utilities
2323not later than 270 days after the effective date of this act.
2324 SECTION 85. The office of the ombudsperson required by section 92F of chapter 164 of
2325the General Laws, inserted by section 54, shall be established by the department of public
2326utilities not later than 180 days after the effective date of this act.
2327 SECTION 86. The office of environmental justice and equity established pursuant to
2328section 29 of chapter 21A of the General Laws, established in section 1, shall establish standards
2329and guidelines for community benefit plans and agreements as required by said section 29 of said
2330chapter 21A not later than March 1, 2026 and shall establish the cumulative impacts analysis
2331guidance pursuant to said section 29 of said chapter 21A before the energy facilities siting board
2332regulations pursuant to section 89 are promulgated. 107 of 108
2333 SECTION 87. The executive office of energy and environmental affairs shall coordinate
2334and convene a stakeholder process with the agencies and offices under its jurisdiction and any
2335other relevant local, regional and state agencies with a permitting role in energy related
2336infrastructure to establish the methodology for determining the suitability of sites and associated
2337guidance pursuant to section 30 of chapter 21A of the General Laws, inserted by section 1, not
2338later than March 1, 2026.
2339 SECTION 88. The department of energy resources shall promulgate regulations to
2340implement section 21 of chapter 25A of the General Laws, inserted by section 14, not later than
2341March 1, 2026.
2342 SECTION 89. The energy facilities siting board shall promulgate regulations to
2343implement the changes to sections 69G to 69J1/4, inclusive, sections 69O and 69P, sections 69R
2344and 69S of chapter 164 of the General Laws and sections 69T to 69W, inclusive, of said chapter
2345164, as inserted by section 51, not later than March 1, 2026. In promulgating said regulations, the
2346board shall consult with the department of public utilities, the department of energy resources,
2347the department of environmental protection, the department of fish and game, the department of
2348conservation and recreation, the department of agricultural resources, the Massachusetts
2349environmental policy act office, the Massachusetts Department of Transportation, the executive
2350office of public safety and security and all other agencies, authorities and departments whose
2351approval, order, order of conditions, permit, license, certificate or permission in any form is
2352required prior to or for construction of a facility, small clean energy infrastructure facility or
2353large clean energy infrastructure facility. 108 of 108
2354 SECTION 90. The department of public utilities and the energy facilities siting board, in
2355consultation with the office of environmental justice and equity established by section 29 of
2356chapter 21A of the General Laws, inserted by section 1, and the office of the attorney general,
2357shall promulgate regulations to implement section 149 of chapter 164 of the General Laws,
2358inserted by section 57, not later than March 1, 2026.
2359 SECTION 91. Not later than June 1, 2029, the director of the division of public
2360participation, as established by section 12T of chapter 25 of the General Laws, as inserted by
2361section 5, shall complete a review of the intervenor support grant program established pursuant
2362to section 149 of chapter 164 of the General Laws, as inserted by section 57, and provide an
2363opportunity for public comment to determine whether the program and corresponding
2364regulations should be amended.
2365 SECTION 92. Section 59 of this act is hereby repealed.
2366 SECTION 93. Section 92 shall take effect on March 1, 2027.
2367 SECTION 94. Sections 19, 27 to 31, inclusive, 33 to 53, inclusive, and 58 shall take
2368effect on March 1, 2026.”; and
2369 by striking out the title and inserting in place thereof the following title: “An Act
2370accelerating a responsible, innovative and equitable clean energy transition.”.