Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5049 Compare Versions

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

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1	1	1 of 4
2	2	HOUSE DOCKET, NO. 5362 FILED ON: 9/11/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 5049
4	4	OFFICE OF THE GOVERNOR
5	5	COMMONWEALTH OF MASSACHUSETTS
6	6	STATE HOUSE · BOSTON, MA 02133
7	7	(617) 725-4000
8	8	MAURA T. HEALEY
9	9	GOVERNOR
10	10	KIMBERLEY DRISCOLL
11	11	LIEUTENANT GOVERNOR
12	12	September 11, 2024
13	13	To the Honorable Senate and House of Representatives,
14	14	I am filing for your consideration a bill entitled An Act Making Appropriations for Fiscal
15	15	Year 2024 (FY24) to Provide for Supplementing Certain Existing Appropriations and for Certain
16	16	Other Activities and Projects.
17	17	The proposal filed today would allocate $714.1 million gross / $149.1 million net toward
18	18	FY24 deficiencies and critical needs and enable the Commonwealth to close the books on the
19	19	fiscal year that ended on July 1.
20	20	Our administration is also proposing here ways to rebuild our reserves through the
21	21	replenishment of the Transitional Escrow Fund and continued deposits in the Stabilization
22	22	Account that will ensure Massachusetts remains on solid financial footing and has the resources
23	23	on hand to manage through the current fiscal year and beyond.
24	24	In total, this legislation proposes to appropriate $679 million toward deficiencies incurred
25	25	over the course of the prior fiscal, the largest of which can be found in our MassHealth program
26	26	where caseload exceeded initial expectations. This budget recommends $565.4 million gross for
27	27	MassHealth at a net new cost of zero dollars to the state thanks to the availability of federal
28	28	reimbursement to cover payments for services already provided over the course of Fiscal Year
29	29	2024.
30	30	This budget would also allocate:
31	31	• $46 million for a reserve to cover costs accrued by sheriffs
32	32	• $14 million to support treatment for substance and alcohol use disorder 2 of 4
33	33	• $8.7 million for Universal School Meals
34	34	• $7.3 million for Residential Assistance to Families in Transition (RAFT)
35	35	• $5.1 million for support to public health hospitals
36	36	• $1.3 million for Department of Unemployment Assistance caseload
37	37	• $690,000 for the Chief Medical Examiner
38	38	• $622,000 for the Massachusetts Emergency Management Agency for state match
39	39	to flood victims
40	40	• $200,000 for National Guard death gratuity benefits and support for military
41	41	suicide prevention programming
42	42	Our administration is also recommending $33.9 million in new spending to advance key
43	43	priorities and cover critical needs for our state, including the seeding of the new Disaster Relief
44	44	and Resiliency Fund and additional funding for mosquito spraying to address the rise in detected
45	45	Eastern Equine Encephalitis. This bill would put $11 million toward the Disaster Relief and
46	46	Resiliency Fund to immediately make resources available in the event they should be needed to
47	47	support communities before the end of the fiscal year. This would complement the $14 million in
48	48	consolidated net surplus earmarked for the fund, but unavailable until the end of fiscal year 2025.
49	49	We are also recommending:
50	50	• $11 million to municipalities to increase FY25 tax abatement reimbursements
51	51	• $10 million for the Massachusetts Clean Energy Center to keep funding level in
52	52	FY25 at $30 million and on track for a $300 million investment over the next 10 years to keep
53	53	pace with our climate and job creation goals
54	54	• $10 million for the Massachusetts Life Sciences Center
55	55	• $2.5 million for iLottery start-up and implementation costs over two years
56	56	• $400,000 for aerial and mobile mosquito spraying to address Eastern Equine
57	57	Encephalitis
58	58	As we know, FY24 presented some budgetary challenges that required a mid-year
59	59	revision to our revenue estimates and emergency budget reductions to ensure that we would be
60	60	able to balance our budget at the end of the year without undoing the hard work that has gone
61	61	into building up our Stabilization Fund.
62	62	In total, FY24 revenue came in at $40.8 billion, $967 million above revised benchmarks.
63	63	This was primarily due to the performance of surtax collections, which at $2.199 billion 3 of 4
64	64	exceeded the $1 billion in budgeted surtax revenue by $1.2 billion. After adjusting for surtax,
65	65	FY24 revenues were $233 million below the FY24 revised benchmark, and $322 million below
66	66	FY23 collections.
67	67	In order to balance the FY24 budget and prepare for the continuation of economic
68	68	headwinds in Fiscal Year 2025, our administration is proposing several solutions in this
69	69	legislation that will allow us to continue to build our reserves and invest in our shared priorities.
70	70	First, we are proposing to use $225 million in surplus surtax collections to support
71	71	spending currently funded through the General Fund and Commonwealth Transportation Fund.
72	72	The use of this money would align with the approach already taken by our administration and the
73	73	Legislature in the FY25 budget and go toward programs such Commonwealth Cares for Children
74	74	(C3) grants through the replenishment of the EEC Affordability Fund, universal school meals,
75	75	Early Education and Care provider rates and MassDOT operations. It would also leave a
76	76	substantial surplus of unappropriated funds that we look forward in the coming session to
77	77	working with the Legislature to allocate in the most efficient and impactful way.
78	78	The Transitional Escrow Fund has also proven to be a valuable tool for the state to
79	79	manage spending throughout the fiscal year, which is why we are proposing to transfer $265
80	80	million in excess capital gains collections to the fund to begin to rebuild that balance. This would
81	81	still allow for a separate deposit of $265 million to the Stabilization Fund to continue to grow
82	82	both these reserve accounts. Additionally, I’ve already made clear my intention to use the
83	83	forthcoming tobacco settlement funds secured by the Attorney General to further build back the
84	84	balance of the Transitional Escrow Fund. We view these steps to be critical to managing
85	85	available resources for FY25 and beyond.
86	86	An additional $366.4 million in prior unspent authorizations from Fiscal Year 2024
87	87	would be carried over into Fiscal Year 2025 through this legislation. These represent critical
88	88	funds that, in some cases, must be managed across fiscal years and give us flexibility moving
89	89	into FY25 to maintain services and programs authorized as part of the FY25 General
90	90	Appropriations Act. These include $117.6 million for the MBTA Workforce and Safety Reserve,
91	91	$22.8 million for projected expenses at the Department of Correction, and $12 million for a
92	92	teacher diversity initiative. Of this total, $69 million in unspent FY24 surtax appropriations is
93	93	being made available going into the new fiscal year.
94	94	We are also filing several not-yet-ratified collective bargaining agreements and the
95	95	necessary language to establish the FY25 collective bargaining reserve, which our administration
96	96	and the Legislature all accounted for in the recently signed FY25 GAA. This will ensure that our
97	97	union workers have timely access to the raises negotiated in good faith with our administration.
98	98	Furthermore, I am filing a number of outside sections that provide for some technical
99	99	corrections and deadline extensions necessary for the effective implementation of policy enacted
100	100	in recent legislation. These include sections amending the HERO Act to allow veterans to 4 of 4
101	101	receive specialty license plates without paying an additional fee, as intended, and granting
102	102	eligibility to tribes in Massachusetts for the Municipal Vulnerability Preparedness program.
103	103	I want to reiterate my support for legislation previously submitted by our administration
104	104	and encourage senators and representatives to continue to work on reaching a compromise on the
105	105	MassLeads Act, our bill authorizing funds to be used for federal matching commitments to
106	106	maximize our ability to compete for and win federal grants, and the mid-year supplemental
107	107	budget first filed in March. These bills are critical to our economic competitiveness and future
108	108	growth and we are confident that together we can get these done before the end of the legislative
109	109	session in December.
110	110	In that spirit, I am also submitting for your consideration several essential and timely
111	111	provisions related to clean energy siting, permitting and procurement that were the subject of
112	112	debate in the Legislature as part of a climate bill at the close of formal sessions in July. While a
113	113	final bill has not yet reached my desk, these issues remain before a conference committee and I
114	114	respectfully ask that you consider advancing these items in the coming weeks so that we can
115	115	capitalize on the potential to grow our clean energy sector and advance our climate goals.
116	116	Sufficient revenues are available to finance the appropriations and other measures
117	117	proposed in this bill. I urge you to enact this legislation promptly to facilitate the closing of the
118	118	books for Fiscal Year 2024 and address the other urgent and time sensitive matters described
119	119	above.
120	120	Respectfully submitted,
121	121	Maura T. Healey,
122	122	Governor 1 of 109
123	123	HOUSE . . . . . . . . . . . . . . . No. 5049
124	124	The Commonwealth of Massachusetts
125	125	_______________
126	126	In the One Hundred and Ninety-Third General Court
127	127	(2023-2024)
128	128	_______________
129	129	An Act making appropriations for the fiscal year 2024 to provide for supplementing certain
130	130	existing appropriations and for certain other activities and projects.
131	131	Whereas, The deferred operation of this act would tend to defeat its purposes, which are
132	132	to make supplemental appropriations for fiscal year 2024 and to make certain changes in law,
133	133	each of which is immediately necessary to carry out those appropriations or to accomplish other
134	134	important public purposes, therefore it is hereby declared to be an emergency law, necessary for
135	135	the immediate preservation of the public convenience.
136	136	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
137	137	of the same, as follows:
138	138	1 SECTION 1. To provide for supplementing certain items in the general appropriation act
139	139	2and other appropriation acts for fiscal year 2024, the sums set forth in section 2 are hereby
140	140	3appropriated from the General Fund unless specifically designated otherwise in this act or in
141	141	4those appropriation acts, for the several purposes and subject to the conditions specified in this
142	142	5act or in those appropriation acts, and subject to the laws regulating the disbursement of public
143	143	6funds for the fiscal year ending June 30, 2024. These sums shall be in addition to any amounts
144	144	7previously appropriated and made available for the purposes of those items. These sums shall be
145	145	8made available through the fiscal year ending June 30, 2025.
146	146	9 SECTION 2.
147	147	10 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 2 of 109
148	148	11 Department of Revenue
149	149	121233-2000Tax Abatements for Veterans, Widows, Blind Persons and the
150	150	13 Elderly……………………………………………………………… $11,077,209
151	151	14 Reserves
152	152	151599-0026Municipal Regionalization and Efficiencies Incentive Reserve…... $12,673,961
153	153	16 EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
154	154	17 Office of the Secretary of Energy and Environmental Affairs
155	155	181595-6232Transfer to MassCEC……………………………………………… $10,000,000
156	156	19 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
157	157	20 Office of the Secretary of Health and Human Services
158	158	214000-0300EOHHS and Medicaid Administration……………………..……… $7,563,044
159	159	224000-0700MassHealth Fee for Service Payments…………………………….. $565,417,349
160	160	23 Department of Public Health
161	161	244590-0915Public Health Hospitals……………………………………………. $5,055,887
162	162	25 EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
163	163	26 Office of the Secretary of Labor and Workforce Development
164	164	277003-0101Labor and Workforce Development Shared Services……………… $1,310,000
165	165	28 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES 3 of 109
166	166	29 Office of the Secretary of Housing and Livable Communities
167	167	307004-9316Residential Assistance for Families in Transition…………………. $7,325,156
168	168	31 EXECUTIVE OFFICE OF EDUCATION
169	169	32 Department of Elementary and Secondary Education
170	170	337053-1925School Breakfast Program…………………………………………. $8,700,000
171	171	34 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
172	172	35 Office of the Chief Medical Examiner
173	173	368000-0105Office of the Chief Medical Examiner…………………………….. $689,902
174	174	37 Military Division
175	175	388700-0001Military Division…………………………………………………… $200,000
176	176	39 Massachusetts Emergency Management Agency
177	177	408800-0001Massachusetts Emergency Management Agency…………………. $622,624
178	178	41 SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to
179	179	42provide for an alteration of purpose for current appropriations, and to meet certain requirements
180	180	43of law, the sums set forth in this section are hereby appropriated from the General Fund unless
181	181	44specifically designated otherwise in this section, for the several purposes and subject to the
182	182	45conditions specified in this section, and subject to the laws regulating the disbursement of public
183	183	46funds for the fiscal year ending June 30, 2024. Except as otherwise stated, these sums shall be
184	184	47made available through the fiscal year ending June 30, 2025. 4 of 109
185	185	48 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
186	186	49 Reserves
187	187	501599-1214 For a reserve for expansion, upgrades or enhancements to staffing, operations or
188	188	51infrastructure for new and existing facilities that treat men with an alcohol or substance use
189	189	52disorder under sections 1 and 35 of chapter 123 of the General Laws; provided, that the secretary
190	190	53of administration and finance may transfer funds from this item to state agencies as defined in
191	191	54section 1 of chapter 29 of the General Laws………………………….……………. $14,000,000
192	192	551599-8910For a reserve to support costs associated with the 14 county sheriffs’ offices;
193	193	56provided, that the secretary of administration and finance may transfer funds from this item to
194	194	57state agencies as defined in section 1 of chapter 29 of the General Laws…………. $46,000,000
195	195	581599-0640 For start-up costs associated with implementation of online lottery; provided, that
196	196	59the secretary of administration and finance may transfer funds from this item to state agencies as
197	197	60defined in section 1 of chapter 29 of the General Laws; and provided further, that funds in this
198	198	61item shall be made available until June 30, 2026………………………………….. $2,500,000
199	199	621599-6263 For a reserve to support efforts that eradicate and prevent mosquito-borne
200	200	63diseases, including but not limited to eastern equine encephalitis; provided, that the secretary of
201	201	64administration and finance may transfer funds from this item to state agencies as defined in
202	202	65section 1 of chapter 29 of the General Laws……………………………………….. $400,000
203	203	66 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
204	204	67 Office of the Secretary of Economic Development 5 of 109
205	205	687002-0024For a transfer to the Massachusetts Life Sciences Center established by section 3
206	206	69of chapter 23I of the General Laws………………………………………………… $10,000,000
207	207	70 SECTION 2B. To provide for supplementing certain intragovernmental chargeback
208	208	71authorizations in the general appropriation act and other appropriation acts for fiscal year 2024,
209	209	72to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for
210	210	73an alteration of purpose for current intragovernmental chargeback authorizations and to meet
211	211	74certain requirements of law, the sum set forth in this section is hereby authorized from the
212	212	75Intragovernmental Service Fund for the several purposes specified in this section or in the
213	213	76appropriation acts and subject to the provisions of law regulating the disbursement of public
214	214	77funds for the fiscal year ending June 30, 2024. This sum shall be in addition to any amounts
215	215	78previously authorized and made available for the purposes of this item.
216	216	79 EXECUTIVE OFFICE OF VETRANS’ SERVICES
217	217	80 Office of the Secretary of Veterans’ Services
218	218	811410-0110Central Services Chargeback………………………………………. $1,698,000
219	219	82 EXECUTIVE OFFICE OF EDUCATION
220	220	83 Office of the Secretary of Education
221	221	847009-1701Chargeback for Education Information Technology Costs…………$486,352
222	222	85 SECTION 2C.I. For the purpose of making available in fiscal year 2025 balances of
223	223	86appropriations which otherwise would revert on June 30, 2024, the unexpended balances of the
224	224	87appropriations listed below, not to exceed the amount specified below for each item, are hereby
225	225	88re-appropriated for the purposes of and subject to the conditions stated for the corresponding 6 of 109
226	226	89item in section 2 or 2F of chapter 28 of the acts of 2023. However, for items which do not appear
227	227	90in section 2 or 2F of the general appropriation act, the amounts in this section are re-appropriated
228	228	91for the purposes of and subject to the conditions stated for the corresponding item in section 2 or
229	229	922A of this act or in prior appropriation acts. Amounts in this section are re-appropriated from the
230	230	93fund or funds designated for the corresponding item in section 2 or 2F of said chapter 28;
231	231	94provided, however, that for items which do not appear in section 2 or 2F of said chapter 28, the
232	232	95amounts in this section are re-appropriated from the fund or funds designated for the
233	233	96corresponding item in section 2 through 2F of this act or in prior appropriation acts. The
234	234	97unexpended balance of each appropriation in the Massachusetts management accounting and
235	235	98reporting system with a secretariat code of 01 or 17 is hereby re-appropriated for the purposes of
236	236	99and subject to the conditions stated for the corresponding item in said section 2 of said chapter
237	237	10028. The sums reappropriated in this section shall be in addition to any amounts available for said
238	238	101purposes.
239	239	102 JUDICIARY
240	240	103 Supreme Judicial Court
241	241	1040320-0003Supreme Judicial Court…………………………………………….. $150,000
242	242	105 Board of Bar Examiners
243	243	1060321-0100Board of Bar Examiners…………………………………………… $100,000
244	244	107 TREASURER AND RECEIVER-GENERAL
245	245	108 Treasurer and Receiver-General
246	246	1090610-2000Welcome Home Bill Bonus Payments……………………………... $800,000 7 of 109
247	247	110 State Lottery Commission
248	248	1110640-0000State Lottery Commission………………………………………….. $104,000
249	249	112 STATE ETHICS COMMISSION
250	250	1130900-0100State Ethics Commission…………………………………………... $66,500
251	251	114 CANNABIS CONTROL COMMISSION
252	252	1151070-0840Cannabis Control Commission…………………………………….. $200,000
253	253	116 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
254	254	117 Health Policy Commission
255	255	1181450-1200Health Policy Commission………………………………………… $350,000
256	256	119 Reserves
257	257	1201599-0054Hinton Lab Reserve……………………………………………….. $56,000
258	258	1211599-1971MBTA Workforce and Safety Reserve……………………………. $117,582,748
259	259	1221599-4448Collective Bargaining Reserve……………………………………. $59,000,000
260	260	123 Bureau of the State House
261	261	1241102-3331Office of the State House Superintendent…………………………. $400,000
262	262	125 EXECUTIVE OFFICE OF TECHNOLOGY SERVICES AND SECURITY
263	263	1261790-1700Core Technology Services and Security…………………………… $317,262 8 of 109
264	264	127 EXECUTIVE OFFICE OF ENERGY AND EVIRONMENTAL AFFAIRS
265	265	128 Department of Public Utilities
266	266	1292100-0013 Transportation Oversight Division………………………………… $256,000
267	267	130 EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
268	268	131 Office of the Secretary of Health and Human Services
269	269	1321599-6903Chapter 257 and Human Service Reserve…………………………. $28,465,994
270	270	133 Department of Public Health
271	271	1344512-0200Bureau of Substance Addiction Services………………………….. $7,000,000
272	272	1354512-2020DPH Public Safety Reform Matching Grants ………………………$3,146,536
273	273	136 Department of Mental Health
274	274	1375011-0100Department of Mental Health Administration and Operations…….. $105,000
275	275	138 Department of Youth Services
276	276	1394200-0300Department of Youth Services Residential Services………………. $8,000,000
277	277	140 Massachusetts Commission for the Blind
278	278	1414110-2000Turning 22 Program and Services…………………………………. $350,000
279	279	142 Massachusetts Rehabilitation Commission
280	280	1434120-2000Vocational Rehabilitation for People with Disabilities…………….$100,000 9 of 109
281	281	1444120-6000Head Injury Treatment Services…………………………………… $34,496
282	282	145 EXECUTIVE OFFICE OF VETERANS’ SERVICES
283	283	146 Office of the Secretary of Veterans' Services
284	284	1471410-1700 Department of Veterans' Services IT………………………………. $300,000
285	285	148 MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
286	286	149 Department of Transportation
287	287	1501596-2401 Federal Matching Funds…………………………………………… $24,500,000
288	288	1511596-2406 Regional Transit Grants and Equity……………………………….. $23,800,000
289	289	152 EXECUTIVE OFFICE OF ECONOMIC DEVELOPMENT
290	290	153 Office of Consumer Affairs and Business Regulation
291	291	1547006-0000Office of Consumer Affairs and Business Regulation……………...$73,000
292	292	155 Division of Banks
293	293	1567006-0010Division of Banks………………………………………………….. $1,900,000
294	294	157 Division of Insurance
295	295	1587006-0020Division of Insurance………………………………………………. $1,950,000
296	296	159 Division of Occupational Licensure
297	297	1607006-0040Division of Occupational Licensure……………………………….. $250,000 10 of 109
298	298	1617006-0142Office of Public Safety and Inspections……………………………. $334,000
299	299	162 Division of Standards
300	300	1637006-0060Division of Standards ………………………………………………$223,000
301	301	164 Department of Telecommunications and Cable
302	302	1657006-0071Department of Telecommunications and Cable……………………. $175,000
303	303	166 EXECUTIVE OFFICE OF HOUSING AND LIVABLE COMMUNITIES
304	304	167 Office of the Secretary of Housing and Livable Communities
305	305	1687004-0102Homeless Individual Shelters……………………………………… $4,627,529
306	306	169 EXECUTIVE OFFICE OF EDUCATION
307	307	170 Department of Early Education and Care
308	308	1713000-4060Income-Eligible Child Care……………………………………….. $13,619,274
309	309	1723000-7000Children's Trust Fund………………………………………………$350,000
310	310	173 Department of Elementary and Secondary Education
311	311	1747061-9805Teacher Diversity Initiative.…………………………………..……$12,000,000
312	312	175 Department of Higher Education
313	313	1761596-2425DHE Endowment Match…………………………………………… $1,900,000
314	314	1771596-2432Scholarships for Nursing Students at Community Colleges………. $9,700,000 11 of 109
315	315	1781596-2433Capacity Building for Free Community College………………….. $9,100,000
316	316	179 EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
317	317	180 Office of the Secretary of Public Safety and Security
318	318	1818000-0601Project Safe Neighborhood Initiative……………………………… $1,000,000
319	319	1828000-0605Human Trafficking Prevention…………………………………….. $431,000
320	320	183 Massachusetts State Police
321	321	1848100-0515New State Police Class……………………………………………. $5,974,741
322	322	185 Department of Fire Services
323	323	1868324-0000Department of Fire Services Administration………………………. $133,489
324	324	187 Department of Corrections
325	325	1888900-0001Department of Corrections Facility Operations…………………… $22,771,552
326	326	1898900-1100Re-Entry Programs………………………………………………… $827,819
327	327	190 Parole Board
328	328	1918950-0001Parole Board……………………………………………………….. $500,000
329	329	192 SECTION 2C.II. For the purpose of making available in fiscal year 2025 balances of
330	330	193retained revenue and intragovernmental chargeback authorizations which otherwise would revert
331	331	194on June 30, 2024, the unexpended balances of the authorizations listed below, not to exceed the
332	332	195amount specified below for each item, are hereby re-authorized for the purposes of and subject to 12 of 109
333	333	196the conditions stated for the corresponding item in sections 2 through 2F of chapter 28 of the acts
334	334	197of 2023. However, for items which do not appear in sections 2 through 2F of said chapter 28, the
335	335	198amounts in this section are re-authorized for the purposes of and subject to the conditions stated
336	336	199for the corresponding item in sections 2 through 2F of this act or in prior appropriation acts.
337	337	200Amounts in this section are re-authorized from the fund or funds designated for the
338	338	201corresponding item in sections 2 through 2F of the general appropriation act; however, for items
339	339	202which do not appear in sections 2 through 2F of the general appropriation act, the amounts in this
340	340	203section are re-authorized from the fund or funds designated for the corresponding item in
341	341	204sections 2 through 2F of this act or in prior appropriation acts. The sums re-authorized in this
342	342	205section shall be in addition to any amounts available for those purposes.
343	343	206 MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
344	344	2070940-0103Equal Employment Opportunity Commission Retained Revenue….$2,200,000
345	345	208 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
346	346	209 Operational Services Division
347	347	2101775-0800 Chargeback for Purchase Operation and Repair of State Vehicles… $400,000
348	348	211 SECTION 3. Chapter 21A of the General Laws is hereby amended by adding the
349	349	212following 2 sections:-
350	350	213 Section 29. There shall be an office of environmental justice and equity within the
351	351	214executive office of energy and environmental affairs, which shall be administered by an
352	352	215undersecretary of environmental justice and equity who shall be appointed and may be removed
353	353	216by the secretary. The office shall be responsible for implementing environmental justice 13 of 109
354	354	217principles, as defined in section 62 of chapter 30, in the operation of each office and agency
355	355	218under the executive office. The office shall develop standards and guidelines governing the
356	356	219potential use and applicability of: (i) community benefit plans and agreements; and (ii)
357	357	220cumulative impact analyses in developing energy infrastructure with input from representatives
358	358	221from utilities, the renewable energy industry, local government, environmental justice
359	359	222community organizations, environmental sectors and other representatives as deemed appropriate
360	360	223by the office.
361	361	224 Section 30. The executive office of energy and environmental affairs shall establish and
362	362	225periodically update a methodology for determining the suitability of sites for clean energy
363	363	226generation facilities, clean energy storage facilities and clean transmission and distribution
364	364	227infrastructure facilities in newly established public rights of way. The methodology shall include
365	365	228multiple geospatial screening criteria to evaluate sites for: (i) development potential; (ii) climate
366	366	229change resilience; (iii) carbon storage and sequestration; (iv) biodiversity; and (v) social and
367	367	230environmental benefits and burdens. The executive office shall require facility development
368	368	231project proponents to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate
369	369	232siting impacts and environmental and land use concerns. The executive office shall develop and
370	370	233periodically update guidance to inform state, regional and local regulations, ordinances, by-laws
371	371	234and permitting processes on ways to avoid, minimize or mitigate impacts on the environment and
372	372	235people to the greatest extent practicable.
373	373	236 SECTION 4. Subsection (c) of section 18 of chapter 23N of the General Laws, as
374	374	237appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 22 to 24, the
375	375	238words “and (iv) provide English language learning programs to promote access to the
376	376	239workforce” and inserting in place thereof the following words:- (iv) provide English language 14 of 109
377	377	240learning programs to promote access to the workforce; or (v) facilitate work permits,
378	378	241professional credentialing, or other workforce opportunities for non-citizens permanently
379	379	242residing under color of law or otherwise lawfully present in the commonwealth
380	380	243 SECTION 5. Chapter 25 of the General Laws is hereby amended by striking out section
381	381	24412N as appearing in the 2022 Official Edition and inserting in place thereof the following
382	382	245section:-
383	383	246 Section 12N. There is hereby established within the department, and under the general
384	384	247supervision and control of the commission, a facility siting division, which shall be under the
385	385	248charge of a director appointed by the commission. The facility siting division, hereinafter
386	386	249referred to as the division, shall perform such functions as the commission deems necessary for
387	387	250the administration, implementation and enforcement of sections 69G to 69W, inclusive, of
388	388	251chapter 164 imposed upon the department and the energy facilities siting board by said sections.
389	389	252 The division shall maintain a real-time, online clean energy infrastructure dashboard. The
390	390	253division shall, in cooperation with the executive office of energy and environmental affairs and
391	391	254its affiliated departments and offices, create, maintain and update the dashboard by collecting,
392	392	255facilitating the collection of, and reporting comprehensive data and information related to: (i)
393	393	256accelerating the responsible deployment of clean energy infrastructure through siting and
394	394	257permitting reform in a manner consistent with applicable legal requirements, including, but not
395	395	258limited to, greenhouse gas emissions limits and sublimits set under chapter 21N; (ii) facilitating
396	396	259community input into the siting and permitting of clean energy infrastructure; and (iii) ensuring
397	397	260that the benefits of clean energy deployment are shared equitably among all residents of the
398	398	261commonwealth; provided, however, that the dashboard shall, at a minimum, report for the most 15 of 109
399	399	262recent reporting period and in the aggregate the number of facility applications filed, decided or
400	400	263pending information, including, but not limited to: (a) the number of applications deemed
401	401	264incomplete and the number of applications constructively approved; (b) the average duration of
402	402	265application review; and (c) average staffing levels delineated by job classification. The
403	403	266dashboard shall make use of bar charts, line charts and other visual representations to facilitate
404	404	267public understanding of both recent performance and long-term and cumulative trends and
405	405	268outcomes of clean energy deployment. The division shall convene a stakeholder process for the
406	406	269purpose of developing and informing the design and content of the dashboard; provided,
407	407	270however, that said comprehensive data and information shall be made publicly available in a
408	408	271machine-readable format.
409	409	272 SECTION 6. The first paragraph of section 12Q of said chapter 25, as so appearing, is
410	410	273hereby amended by striking out the second sentence and inserting in place thereof the following
411	411	274sentence:- The department shall credit to the fund: (i) appropriations or other money authorized
412	412	275or transferred by the general court and specifically designated to be credited to the fund; (ii) a
413	413	276portion of assessments collected pursuant to section 18, as determined by the department; (iii) a
414	414	277portion of application fees, as determined by the department, collected pursuant to section 69J1/2
415	415	278of chapter 164; and (iv) income derived from the investment of amounts credited to the fund.
416	416	279 SECTION 7. Said chapter 25 is hereby further amended by inserting after section 12R, as
417	417	280so appearing, the following 2 sections:-
418	418	281 Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting
419	419	282Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or
420	420	283other money authorized or transferred by the general court and specifically designated to be 16 of 109
421	421	284credited to the fund; (ii) a portion of assessments collected pursuant to section 18, as determined
422	422	285by the department; (iii) a portion of application fees, as determined by the department, collected
423	423	286pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iv) any non-ratepayer
424	424	287funded sources obtained through gifts, grants, contributions and bequests of funds from any
425	425	288department, agency or subdivision of federal, state or municipal government or any individual,
426	426	289foundation, corporation, association or public authority; and (v) income derived from the
427	427	290investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust
428	428	291and shall be expended solely, without further appropriation, for the purposes set forth in section
429	429	292149 of chapter 164, consistent with the requirements set forth in said section 149 of said chapter
430	430	293164 and any regulations promulgated thereunder. Any unexpended balance in the fund at the
431	431	294close of a fiscal year shall remain in the fund and shall not revert and shall be available for
432	432	295expenditure in subsequent fiscal years.
433	433	296 Section 12T. There shall be a division of public participation within the department and
434	434	297under the general supervision and control of the commission, which shall be under the charge of
435	435	298a director appointed by the commission. The division of public participation, hereinafter referred
436	436	299to as the division, shall perform such functions as the commission may determine and shall be
437	437	300responsible for assisting individuals, local governments, community organizations and other
438	438	301entities before the department or the energy facilities siting board. With respect to matters before
439	439	302the department, the division shall assist such parties with navigating filing requirements,
440	440	303opportunities to provide comment and intervene and facilitating dialogue among parties to
441	441	304proceedings. With respect to siting and permitting matters under the jurisdiction of the energy
442	442	305facilities siting board, the division shall assist individuals, local governments, community
443	443	306organizations, project applicants and other entities with navigating pre-filing consultation and 17 of 109
444	444	307engagement requirements, clarifying filing requirements, identifying opportunities to intervene
445	445	308and facilitating dialogue among stakeholders involved in the permitting process and shall assist
446	446	309with coordinating with other state, regional and local officials, including the office of
447	447	310environmental justice and equity established by section 29 of chapter 21A, involved in the pre-
448	448	311filing consultation process, pre-filing engagement process and the permitting process generally.
449	449	312The director and staff of the division shall not participate as adjudicatory staff in matters before
450	450	313the department or in reviewing applications submitted to the energy facilities siting board, nor
451	451	314shall they serve as legal counsel to or otherwise represent any party before the department or the
452	452	315energy facilities siting board. The director shall be responsible for making final determinations
453	453	316with respect to intervenor funding support requests made pursuant to section 149 of chapter 164
454	454	317and administering all aspects of the intervenor support grant program established pursuant to said
455	455	318section 149 of said chapter 164.
456	456	319 SECTION 8. Section 18 of said chapter 25, as so appearing, is hereby amended by
457	457	320inserting after the third paragraph the following 2 paragraphs:-
458	458	321 The commission may make an assessment against each electric company under the
459	459	322jurisdictional control of the department, based upon the intrastate operating revenues subject to
460	460	323the jurisdiction of the department of each such company derived from sales within the
461	461	324commonwealth of electric service, as shown in the annual report of each such company to the
462	462	325department. The assessments shall be made at a rate not exceeding 0.1 per cent of such intrastate
463	463	326operating revenues, as shall be determined and certified annually by the commission as sufficient
464	464	327to reimburse the commonwealth for: (i) funds appropriated by the general court for the operation
465	465	328and general administration of the energy facilities siting board, exclusive of the cost of fringe
466	466	329benefits established by the comptroller pursuant to section 5D of chapter 29, including group life 18 of 109
467	467	330and health insurance, retirement benefits, paid vacations, holidays and sick leave; and (ii) funds
468	468	331for a clean energy infrastructure dashboard, as required to be maintained by the facility siting
469	469	332division pursuant to section 12N. The funds may be used by the energy facilities siting board to
470	470	333compensate consultants in hearings on petitions filed by companies subject to assessment under
471	471	334this section. Assessments made under this section may be credited to the normal operating cost
472	472	335of each company. Each company shall pay the amount assessed against it not later than 30 days
473	473	336after the date of the notice of assessment from the department. The department shall collect such
474	474	337assessments and credit a portion of said assessments to the department of public utilities energy
475	475	338facilities siting board trust fund established by section 12Q and the Department of Public
476	476	339Utilities and Energy Facilities Siting Board Intervenor Support Fund established by section 12S.
477	477	340Any funds unexpended in any fiscal year for the purposes for which such assessments were made
478	478	341shall be credited against the assessment to be made in the following fiscal year and the
479	479	342assessment in the following fiscal year shall be reduced by any such unexpended amount.
480	480	343 For the purpose of providing the department with funds to be used to provide support to
481	481	344intervenors in the department or energy facilities siting board proceedings consistent with section
482	482	345149 of chapter 164, the commission may make a separate assessment proportionally against each
483	483	346electric and gas company under the jurisdictional control of the department, based upon the
484	484	347intrastate operating revenues subject to the jurisdiction of the department of each of such
485	485	348companies derived from sales within the commonwealth of electric and gas service, as shown in
486	486	349the annual report of each of such companies to the department. Such assessments shall be made
487	487	350at a rate as shall be determined and certified annually by the commission as sufficient to produce
488	488	351an annual amount of not more than $3,500,000. The amount of the assessment may be increased
489	489	352by the commission annually by a rate not to exceed the most recent annual consumer price index 19 of 109
490	490	353as calculated for the northeast region for all urban consumers; provided, however, that the
491	491	354assessment may be increased by the commission by a rate exceeding such index upon a finding
492	492	355that additional funding is necessary to meet the demand for grant funding from prospective
493	493	356grantees. Assessments made under this section may be credited to the normal operating cost of
494	494	357each company. Each company shall pay the amount assessed against it not later than 30 days
495	495	358after the date of the notice of assessment from the department. Such assessments shall be
496	496	359collected by the department and credited to the department of public utilities and energy facilities
497	497	360siting board intervenor support trust fund established by section 12S. Any funds unexpended in
498	498	361any fiscal year and remaining in the fund shall be credited against the assessment to be made in
499	499	362the following fiscal year and the assessment in the following fiscal year shall be reduced by any
500	500	363such unexpended amount.
501	501	364 SECTION 9. Section 2 of chapter 25A of the General Laws, as appearing in the 2022
502	502	365Official Edition, is hereby amended by striking out the second paragraph and inserting in place
503	503	366thereof the following paragraph:-
504	504	367 There shall be within the department 4 divisions: (i) a division of energy efficiency,
505	505	368which shall work with the department of public utilities regarding energy efficiency programs;
506	506	369(ii) a division of renewable and alternative energy development, which shall oversee and
507	507	370coordinate activities that seek to maximize the installation of renewable and alternative energy
508	508	371generating sources that will provide benefits to ratepayers, advance the production and use of
509	509	372biofuels and other alternative fuels as the division may define by regulation and administer the
510	510	373renewable portfolio standard and the alternative portfolio standard; (iii) a division of green
511	511	374communities, which shall serve as the principal point of contact for local governments and other
512	512	375governmental bodies concerning all matters under the jurisdiction of the department of energy 20 of 109
513	513	376resources, with the exception of matters involving the siting and permitting of small clean energy
514	514	377infrastructure facilities; and (iv) a division of clean energy siting and permitting, which shall
515	515	378establish standard conditions, criteria and requirements for the siting and permitting of small
516	516	379clean energy infrastructure facilities by local governments and provide technical support and
517	517	380assistance to local governments, small clean energy infrastructure facility project proponents and
518	518	381other stakeholders impacted by the siting and permitting of small clean energy infrastructure
519	519	382facilities at the local government level. Each division shall be headed by a director appointed by
520	520	383the commissioner and who shall be a person of skill and experience in the field of energy
521	521	384efficiency, renewable energy or alternative energy, energy regulation or policy and land use and
522	522	385planning, respectively. The directors shall be the executive and administrative heads of their
523	523	386respective divisions and shall be responsible for administering and enforcing the law relative to
524	524	387their division and to each administrative unit thereof under the supervision, direction and control
525	525	388of the commissioner. The directors shall serve at the pleasure of the commissioner, shall receive
526	526	389such salary as may be determined by law and shall devote full time during regular business hours
527	527	390to the duties of the office. In the case of an absence or vacancy in the office of any director, or in
528	528	391the case of disability as determined by the commissioner, the commissioner may designate an
529	529	392acting director to serve as director until the vacancy is filled or the absence or disability ceases.
530	530	393The acting director shall have all the powers and duties of the director and shall have similar
531	531	394qualifications as the director.
532	532	395 SECTION 10. Section 6 of said chapter 25A, as so appearing, is hereby amended by
533	533	396striking out, in line 56, the word “and”. 21 of 109
534	534	397 SECTION 11. Said section 6 of said chapter 25A, as so appearing, is hereby further
535	535	398amended by striking out, in line 63, the words “chapter 21N.” and inserting in place thereof the
536	536	399following words:- chapter 21N; and
537	537	400 (15) develop and promulgate, regulations, criteria, guidelines, and standard conditions,
538	538	401criteria, and requirements that establish parameters for the siting, zoning, review and permitting
539	539	402of small clean energy infrastructure facilities by local government pursuant to section 21.
540	540	403 SECTION 12. Said chapter 25A is hereby further amended by adding the following
541	541	404section:-
542	542	405 Section 21. (a) As used in this section, the following words shall, unless the context
543	543	406clearly requires otherwise, have the following meanings:
544	544	407 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
545	545	408produced by the accelerated biodegradation of organic materials under controlled anaerobic
546	546	409conditions; and (ii) has been determined by the department, in coordination with the department
547	547	410of environmental protection, to qualify under department of energy resources regulations as a
548	548	411Class I renewable energy generating source under section 11F.
549	549	412 “Local government”, a municipality or regional agency, inclusive of the Cape Cod
550	550	413Commission, established by chapter 716 of the acts of 1989, and the Martha’s Vineyard
551	551	414Commission, established by chapter 831 of the acts of 1977, that has permitting authority over
552	552	415small clean energy infrastructure facilities.
553	553	416 “Small clean energy generation facility”, energy generation infrastructure with a
554	554	417nameplate capacity of less than 25 megawatts that is an anaerobic digestion facility, solar facility 22 of 109
555	555	418or wind facility, including any ancillary structure that is an integral part of the operation of the
556	556	419small clean energy generation facility or, following a rulemaking by the department in
557	557	420consultation with the energy facilities siting board in which the facility type is added to the
558	558	421regulatory definition of a small clean energy generation facility, any other type of generation
559	559	422facility that produces no greenhouse gas emissions or other pollutant emissions known to have
560	560	423negative health impacts; provided, however, that the nameplate capacity for solar facilities shall
561	561	424be calculated in direct current.
562	562	425 “Small clean energy infrastructure facility”, a small clean energy generation facility,
563	563	426small clean energy storage facility or small clean transmission and distribution infrastructure
564	564	427facility.
565	565	428 “Small clean energy storage facility”, an energy storage system as defined in section 1 of
566	566	429chapter 164 with a rated capacity of less than 100 megawatt hours, including any ancillary
567	567	430structure that is an integral part of the operation of the small clean energy storage facility.
568	568	431 “Small clean transmission and distribution infrastructure facility”, electric transmission
569	569	432and distribution infrastructure and related ancillary infrastructure, including: (i) electric
570	570	433transmission line reconductoring or rebuilding projects; (ii) new or substantially altered electric
571	571	434transmission lines located in an existing transmission corridor that are not more than 10 miles
572	572	435long, including any ancillary structure that is an integral part of the operation of the transmission
573	573	436line; (iii) new or substantially altered electric transmission lines located in a new transmission
574	574	437corridor that are not more than 1 mile long, including any ancillary structure that is an integral
575	575	438part of the operation of the transmission line; (iv) any other electric transmission infrastructure,
576	576	439including standalone transmission substations and upgrades and any ancillary structure that is an 23 of 109
577	577	440integral part of the operation of the transmission line and that does not require zoning
578	578	441exemptions; and (v) electric distribution-level projects that meet a certain threshold, as
579	579	442determined by the department; provided, however, that the “small clean transmission and
580	580	443distribution infrastructure facility” shall be: (A) designed, fully or in part, to directly interconnect
581	581	444or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B)
582	582	445designed to ensure electric grid reliability and stability; or (C) designed to help facilitate the
583	583	446electrification of the building and transportation sectors; and provided further, that a “small clean
584	584	447transmission and distribution infrastructure facility” shall not include new transmission and
585	585	448distribution infrastructure facilities that solely interconnect new or existing generation powered
586	586	449by fossil fuels to the electric grid on or after January 1, 2026.
587	587	450 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
588	588	451 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
589	589	452 (b) The department shall establish standards, requirements and procedures governing the
590	590	453siting and permitting of small clean energy infrastructure facilities by local governments that
591	591	454shall include: (i) uniform sets of public health, safety, environmental and other standards,
592	592	455including zoning criteria, that local governments shall require for the issuance of permits for
593	593	456small clean energy infrastructure facilities; (ii) a common standard application for small clean
594	594	457energy infrastructure facility project applicants submitting a permit application to local
595	595	458governments; (iii) uniform pre-filing requirements for small clean energy infrastructure facilities,
596	596	459which shall include specific requirements for public meetings and other forms of outreach that
597	597	460must occur in advance of an applicant submitting an application; (iv) standards for applying site
598	598	461suitability guidance developed by the executive office of energy and environmental affairs 24 of 109
599	599	462pursuant to section 30 of chapter 21A to evaluate the social and environmental impacts of
600	600	463proposed small clean energy generation facilities, small clean energy storage facilities and small
601	601	464clean transmission and distribution infrastructure facilities in new rights of way, which shall
602	602	465include a mitigation hierarchy to be applied during the permitting process to avoid or minimize
603	603	466or, if impacts cannot be avoided or minimized, mitigate negative impacts of siting on the
604	604	467environment, people and the commonwealth’s goals and objectives for climate mitigation,
605	605	468resilience, biodiversity and protection of natural and working lands, to the extent practicable; (v)
606	606	469common conditions and requirements for a single permit consolidating all necessary local
607	607	470approvals to be issued for different types of small clean energy infrastructure facilities in the
608	608	471event that constructive approval is triggered through the non-issuance of a final decision by a
609	609	472local government pursuant to subsection (d); (vi) guidance for procedures and potential
610	610	473extensions of time should an applicant fail to respond to a request for information within a
611	611	474specified timeframe or proposes a significant revision to a proposed project; provided, however,
612	612	475that the department shall solicit public input in the development of such guidance; and (vii)
613	613	476responsible parties subject to enforcement actions, including in the event of sale of small clean
614	614	477energy infrastructure facilities after permitting. The department may promulgate rules and
615	615	478regulations allowing local governments to set fees for compensatory environmental mitigation
616	616	479for the restoration, establishment, enhancement or preservation of comparable environmental
617	617	480resources through funds paid to the local government or to a non-profit entity to be used at the
618	618	481election of an applicant to satisfy the standard of mitigation to the maximum extent practicable.
619	619	482Local governments acting in accordance with the standards established by the department for
620	620	483small clean energy generation facilities and small clean energy storage facilities pursuant to this
621	621	484subsection shall be considered to have acted consistent with the limitations on solar facility and 25 of 109
622	622	485small clean energy storage facility zoning under section 3 of chapter 40A. The department shall
623	623	486establish a transition or concurrency period for the effective date of any standards that it
624	624	487establishes.
625	625	488 (c) The proponent of a small clean energy infrastructure facility may submit a
626	626	489consolidated small clean energy infrastructure facility permit application seeking a single permit
627	627	490consolidating all necessary local permits and approvals. To initiate the permitting of a small
628	628	491clean energy infrastructure facility, an applicant may elect to submit an application, with
629	629	492supporting information in the form developed by the department pursuant to subsection (b), for
630	630	493the local government to conduct a consolidated review pursuant to the criteria and standards set
631	631	494forth in subsection (b) and using the process set forth in subsection (d). Local governments shall
632	632	495determine whether such consolidated small clean energy infrastructure facility permit application
633	633	496is complete not later than 30 days of receipt. If an application is deemed incomplete, the
634	634	497applicant shall have 30 days, and any additional time as determined by the local government, to
635	635	498cure any deficiencies before the application is rejected. In the event of a rejection of the
636	636	499application, the local government shall provide a detailed reasoning for the rejection.
637	637	500 (d)(1) Local governments shall issue a single, final decision on a consolidated small clean
638	638	501energy infrastructure facility permit application submitted pursuant to subsection (c), including
639	639	502all decisions necessary for a project to proceed with construction within 12 months of the receipt
640	640	503of a complete permit application; provided, however, that the permit shall not include any state
641	641	504permits that may be required to proceed with construction and operation of said facility. All local
642	642	505government authorities, boards, commissions, offices or other entities that may be required to
643	643	506issue a decision on 1 or more permits in response to the application for the small clean energy 26 of 109
644	644	507infrastructure facility may conduct reviews separately and concurrently. Such permits shall
645	645	508adhere to any requirements established by the department pursuant to subsection (b).
646	646	509 (2) If a final decision is not issued within 12 months of the receipt of a complete permit
647	647	510application, a constructive approval permit shall be issued by the local government that includes
648	648	511the common conditions and requirements established by the department for the type of small
649	649	512clean energy infrastructure facility under review.
650	650	513 (e) Individual decisions of local government authorities, boards, commissions, offices or
651	651	514other entities that would otherwise be required to issue 1 or more permits to the small clean
652	652	515energy infrastructure facility may not be appealed or reviewed independently. The only decision
653	653	516of a local government that is subject to further review is the single, final decision issued by the
654	654	517local government that is inclusive of all individual decisions necessary for a project to proceed
655	655	518with construction, exclusive of any state permits that may be required, which shall be reviewable
656	656	519via a de novo adjudication of the permit application by the director of the energy facilities siting
657	657	520division of the department of public utilities, as provided in subsection (f).
658	658	521 (f) Within 30 days of the single, final decision on a consolidated permit application by a
659	659	522local government described in subsections (d) and (e), project proponents and other individuals
660	660	523or entities substantially and specifically affected by a proposed small clean energy infrastructure
661	661	524facility may file a petition to request in writing a de novo adjudication of the permit application
662	662	525by the director of the facilities siting division pursuant to section 69W of chapter 164 following
663	663	526permit issuance, including constructive approval permits issued pursuant to subsection (d), or
664	664	527denials by a local government. 27 of 109
665	665	528 (g) If a local government lacks the resources, capacity or staffing to review a small clean
666	666	529energy infrastructure facility permit application within 12 months, it may, not later than 60 days
667	667	530after receipt of such application or at any time thereafter with the consent of the applicant,
668	668	531request in writing a de novo adjudication of such application by the director pursuant to section
669	669	53269W of chapter 164.
670	670	533 (h) The department shall promulgate regulations to implement this section in consultation
671	671	534with the Massachusetts Municipal Association, Inc., the department of public utilities, the
672	672	535department of environmental protection, the department of fish and game, the department of
673	673	536conservation and recreation, the department of agricultural resources, an office within the
674	674	537executive office of environmental affairs designated by the secretary for review of compliance
675	675	538with the Massachusetts environmental policy act, the office of environmental justice and equity,
676	676	539the executive office of health and human services, the executive office of housing and livable
677	677	540communities and the executive office of public safety and security.
678	678	541 (i) Nothing in subsections (c) to (g), inclusive, shall apply to a comprehensive permit
679	679	542pursuant to sections 20 to 23, inclusive, of chapter 40B. For the purpose of this section, the
680	680	543procedures and standards for filing and review of an application for a comprehensive permit that
681	681	544includes a small clean energy infrastructure facility shall be in accordance with said sections 20
682	682	545to 23, inclusive, of said chapter 40B.
683	683	546 SECTION 13. The second paragraph of section 62A of chapter 30 of the General Laws,
684	684	547as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and
685	685	548inserting in place thereof the following sentence:- This section and sections 62B to 62L,
686	686	549inclusive, shall not apply to the energy facilities siting board established under section 69H of 28 of 109
687	687	550chapter 164 or to any proponent or owner of a large clean energy infrastructure facility, as
688	688	551defined in section 69G of chapter 164, or small clean energy infrastructure facility, as defined in
689	689	552section 21 of chapter 25A, in relation to an application for a consolidated permit or petition for a
690	690	553de novo adjudication filed under sections 69T to 69W, inclusive, of chapter 164.
691	691	554 SECTION 14. Chapter 40 of the General Laws is hereby amended by adding the
692	692	555following section:-
693	693	556 Section 70. (a) a city or town may enter into an agreement with a housing developer or
694	694	557residential development owner to provide a preference for affordable housing to low- or
695	695	558moderate-income veterans, as defined in clause Forty-third of section 7 of chapter 4 if the
696	696	559residential development is subject to any of the following: (i) inclusionary zoning, (ii) incentive
697	697	560zoning, or (iii) a density bonus ordinance or by-law . The preference shall be for up to 10 per
698	698	561cent of the affordable units in a particular development.
699	699	562 (b) The preference under this section shall be established in the applicant selection
700	700	563process for available affordable units. Applicants who are veterans and who apply within 90 days
701	701	564of the initial marketing period of the development shall receive preference for the rental of up to
702	702	56510 per cent of the affordable units. After the first 90 days of the initial marketing period, if any of
703	703	566the units subject to the preference remain available, applicants from the general public shall be
704	704	567considered for occupancy. Following the initial marketing period, qualified applicants who are
705	705	568veterans shall be placed on a waiting list for the preference-occupied units for veterans and on
706	706	569any general waiting list. The veterans on the preference-occupied waiting list shall be given
707	707	570preference for affordable units, as the units become available, whenever the percentage of
708	708	571preference-occupied units falls below 10 per cent. 29 of 109
709	709	572 (c) Any agreement to provide affordable housing preferences for veterans pursuant to this
710	710	573section shall not affect a municipality’s ability to receive credit for the unit for affordable
711	711	574housing pursuant to chapter 40B; provided, that such unit or development meets all other
712	712	575eligibility criteria for inclusion on the subsidized housing inventory, pursuant to 706 CMR 56.00
713	713	576and any applicable federal or state subsidy program requirements. The agreement may be
714	714	577monitored by a third party assigned by the municipality.
715	715	578 (d) This section shall not require an increase in the existing amount of affordable units set
716	716	579by the city or town.
717	717	580 (e) The city or town may require proof of veteran status and income eligibility as the city
718	718	581or town deems necessary.
719	719	582 SECTION 15. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
720	720	583Official Edition, is hereby amended by inserting after the definition of “Permit granting
721	721	584authority” the following definition:-
722	722	585 “Public service corporation”, (i) a corporation or other entity duly qualified to conduct
723	723	586business in the commonwealth that owns or operates or proposes to own or operate assets or
724	724	587facilities to provide electricity, gas, telecommunications, cable, water or other similar services of
725	725	588public need or convenience to the public directly or indirectly, including, but not limited to, an
726	726	589entity that owns or operates or proposes to own or operate electricity generation, storage,
727	727	590transmission or distribution facilities, or natural gas facilities including pipelines, manufacturing,
728	728	591and storage facilities; (ii) any transportation company that owns or operates or proposes to own
729	729	592or operate railways and related common carrier facilities; (iii) any communications company,
730	730	593including a wireless communications company or cable company that owns or operates or 30 of 109
731	731	594proposes to own or operate communications or cable facilities; and (iv) any water company that
732	732	595owns or operates or proposes to own or operate facilities necessary for its operations.
733	733	596 SECTION 16. Section 3 of said chapter 40A, as so appearing, is hereby amended by
734	734	597striking out, in line 65, and lines 74 and 82, the words “department of public utilities”, each time
735	735	598they appear, and inserting in place thereof, in each instance, the following words:- energy
736	736	599facilities siting board.
737	737	600 SECTION 17. Section 1 of chapter 40V of the General Laws, as most recently amended
738	738	601by chapter 7 of the acts of 2023, is hereby amended by inserting after the word “residential” the
739	739	602following words:- new construction or.
740	740	603 SECTION 18. Section 4 of said chapter 40V, as appearing in the 2022 Official Edition, is
741	741	604hereby amended by inserting, in line 9, after the word “the”, the following words:- new
742	742	605construction or.
743	743	606 SECTION 19. Subsection (q) of section 6 of chapter 62 of the General Laws, as most
744	744	607recently amended by section 19 chapter 50 of the acts of 2023, is hereby amended by striking
745	745	608out, in paragraph (5), the words “awarded by EOHLC in a calendar year shall not be applied to
746	746	609awards in a subsequent year” and inserting in place thereof the following words:- authorized by
747	747	610EOHLC during a calendar year shall be added to the amount EOHLC may authorize in
748	748	611subsequent years.
749	749	612 SECTION 20. Paragraph (xii) of subsection (d) of section 2A of chapter 63 of the
750	750	613General Laws, as most recently amended by section 28 of chapter 50 of the acts of 2023, is
751	751	614hereby further amended by striking out the words “and paragraph (xii).” 31 of 109
752	752	615 SECTION 21. Section 38 of chapter 63 of the General Laws, as most recently amended
753	753	616by section 31 of chapter 50 of the acts of 2023, is hereby further amended by striking out
754	754	617subsection (g) and inserting in place thereof the following subsection:-
755	755	618 (g) If the sales factor is inapplicable, the corporation’s taxable net income shall be
756	756	619apportioned to the commonwealth based on the corporation’s property and payroll in the
757	757	620commonwealth. The sales factor shall not be applicable if: (i) both its numerator and
758	758	621denominator are zero; (ii) the denominator is less than 10 per cent of one third of the taxable net
759	759	622income; or (iii) it is otherwise determined by the commissioner to be insignificant in producing
760	760	623income. The sales factor shall not be deemed to be inapplicable merely because the numerator is
761	761	624zero. The commissioner shall adopt regulations providing for such method of apportionment.
762	762	625 SECTION 22. Section 38BB of chapter 63 of the General Laws, as most recently
763	763	626amended by section 33 of chapter 50 of the acts of 2023, is hereby further amended by striking
764	764	627out, in subdivision (5), the words “awarded by EOHLC in a calendar year shall not be applied to
765	765	628awards in a subsequent year” and inserting in place thereof the following words:- authorized by
766	766	629EOHLC during a calendar year shall be added to the amount EOHLC may authorize in
767	767	630subsequent years.
768	768	631 SECTION 23. Subsection (b) of section 2A of chapter 71B of the General Laws, as
769	769	632appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:-
770	770	633Notwithstanding chapter 66A, section 2A of chapter 71B, section 2A and any special or general
771	771	634law to the contrary, the department of elementary and secondary education and the bureau of
772	772	635special education appeals may share with each other personal data regarding students and other 32 of 109
773	773	636individuals for- the purposes of carrying out their respective responsibilities under state and
774	774	637federal laws and regulations.
775	775	638 SECTION 24. Section 11A of said chapter 71B, as so appearing, is hereby amended by
776	776	639adding the following sentence:- Notwithstanding chapter 66A, or any special or general law to
777	777	640the contrary, the department of elementary and secondary education and each of the county
778	778	641houses of correction may share with each other, school districts, and educational service
779	779	642providers, personal data of individuals incarcerated in county houses of correction, for the
780	780	643purposes of facilitating prompt access to special education services for individuals incarcerated
781	781	644in county houses of correction.
782	782	645 SECTION 25. Section 2 of chapter 90 of the General Laws, as appearing in the 2022
783	783	646Official Edition, is hereby amended by striking out, in lines 172 to 186, inclusive, as so
784	784	647appearing, the words “pleasure passenger vehicles owned by veterans who, according to the
785	785	648records of the United States Veterans’ Administration, has been determined to have a service-
786	786	649connected disability rating of 60 per cent or greater and by reason of service in the armed forces
787	787	650of the United States have suffered loss or permanent loss of use of one or both feet; or loss or
788	788	651permanent loss of use of one or both hands; or permanent impairment of vision of both eyes of
789	789	652the following status: central visual acuity of 20/200 or less in the better eye, with corrective
790	790	653glasses, or central visual acuity of more than 20/200 if there is a field defect in which the
791	791	654peripheral field has contracted to such an extent that the widest diameter of visual field subtends
792	792	655an angular distance no greater than twenty degrees in the better eye, or any other disability or
793	793	656handicap of such veterans which may be determined by the medical advisory board as
794	794	657established by section eight C, and”. 33 of 109
795	795	658 SECTION 26. The seventh paragraph of said section 2 of said chapter 90, as so
796	796	659appearing, is hereby amended by striking out the third and fourth sentences.
797	797	660 SECTION 27. Said section 2 of said chapter 90, as so appearing, is hereby further
798	798	661amended by striking out, in lines 246 to 258, inclusive, as so appearing, the words “and the
799	799	662words “Disabled Veteran” for a pleasure passenger vehicle or a pick-up truck owned or leased by
800	800	663and used by a veteran who, according to the records of the United States Veterans’
801	801	664Administration, by reason of service in the armed forces of the United States has suffered loss or
802	802	665permanent loss of use of one or both feet; or loss or permanent loss of use of one or both hands;
803	803	666or permanent impairment of vision of both eyes of the following status: central visual acuity of
804	804	66720/200 or less in the better eye, with corrective glasses, or central visual acuity of more than
805	805	66820/200 if there is a field defect in which the peripheral field has contracted to such an extent that
806	806	669the widest diameter of visual field subtends an angular distance no greater that 20 degrees in the
807	807	670better eye, or any other disability or handicap”.
808	808	671 SECTION 28. Said section 2 of said chapter 90, as so appearing, is hereby further
809	809	672amended by striking out the twelfth paragraph, as so appearing.
810	810	673 SECTION 29. Said section 2 of said chapter 90, as so appearing, is hereby further
811	811	674amended by striking out the fifteenth through seventeenth paragraphs, inclusive, and nineteenth
812	812	675through twenty-second paragraphs, inclusive.
813	813	676 SECTION 30. Chapter 90 of the General Laws, as so appearing, is hereby further
814	814	677amended by inserting after section 2I the following section:- 34 of 109
815	815	678 Section 2J. (a) The registrar shall design and maintain a series of distinct and individual
816	816	679license plates recognizing those who have served in the military and for those who deserve
817	817	680special recognition relating to or deriving from military service.
818	818	681 (b) Any veteran meeting the definition of a veteran in clause forty-third of section 7 of
819	819	682chapter 4 or section 1 of chapter 115, or who is eligible for the annuity provided under section
820	820	6836C of chapter 115, shall be eligible and entitled to a veteran plate which shall carry the
821	821	684denotation “VETERAN”, upon presentation of satisfactory evidence of such status as determined
822	822	685by the registrar.
823	823	686 (c) The series of distinct and individual license plates recognizing those who have served
824	824	687in the military and for those who deserve special recognition relating to or deriving from military
825	825	688service shall include the license plates described in the following paragraphs:
826	826	689 (1) Veterans ranked as at least 60 per cent disabled by the United States Department of
827	827	690Veterans Affairs, including those who have suffered the loss of a limb, permanent visual acuity
828	828	691loss of 20/200 in an eye, or are otherwise determined to be disabled or handicapped by the
829	829	692medical advisory board established in section 8C, shall be entitled to a distinctive disabled
830	830	693veteran plate.
831	831	694 (2) Veterans who have been captured and incarcerated by foreign forces in conflict or
832	832	695held as prisoners of war shall be entitled to a distinctive plate recognizing that status.
833	833	696 (3) Veterans who are members of the Legion of Valor of the United States of America,
834	834	697Incorporated shall be entitled to a distinctive plate recognizing that status. 35 of 109
835	835	698 (4) Veterans awarded the Congressional Medal of Honor shall be entitled to a distinctive
836	836	699plate recognizing that status, including, subject to availability, the use of the initials of the award
837	837	700recipient followed by CMH signifying their award.
838	838	701 (5) Veterans awarded the Order of the Purple Heart shall be entitled to a distinctive plate
839	839	702indicating that status which shall include the words “COMBAT WOUNDED.”
840	840	703 (6) Survivors of the attack upon Pearl Harbor shall be entitled to a distinctive plate
841	841	704reflecting that status and bearing the word “VETERAN” thereupon.
842	842	705 (7) Residents of the commonwealth serving in any branch of the national guard shall be
843	843	706entitled to a distinctive plate reflecting that status.
844	844	707 (8) Residents of the commonwealth awarded the Medal of Liberty under section 67A of
845	845	708chapter 33 shall be entitled to a distinctive plate reflecting that status.
846	846	709 (9) The next of kin of a member of the armed forces, in possession of a Gold Star Lapel
847	847	710Button under the regulations of the United States Secretary of Defense, shall be entitled to a
848	848	711Gold Star Family distinctive plate. Said button shall not be an eligibility requirement for those
849	849	712who have presented other satisfactory evidence of their status, as determined by the registrar.
850	850	713 (d) A veteran who has served in the armed forces and is entitled to a veteran license plate
851	851	714shall also be entitled to the issuance of a decal or emblem denoting their branch of service.
852	852	715Residents of the commonwealth identifying as a woman veteran who served in any branch shall
853	853	716be entitled to a distinctive decal which the registry of motor vehicles shall design and issue.
854	854	717 (e) The following individuals shall be entitled to a distinctive plate, emblem or decal
855	855	718denoting their award status: 36 of 109
856	856	719 (1) Owners of private vehicles awarded 1 of the following decorations for valor or
857	857	720gallantry: the Silver Star, the Bronze Star, the Distinguished Flying Cross, the Distinguish
858	858	721Service Cross, the Navy Cross, the Air Force Cross, or any other similar award designated by the
859	859	722secretary of veterans’ services.
860	860	723 (2) A resident of the commonwealth qualifying as a Gold Star parent, child, sibling,
861	861	724grandchild or spouse. A distinctive plate, under this paragraph, may not be used in conjunction
862	862	725with a motor vehicle that has promotional or advertising material thereupon.
863	863	726 (f) Veterans entitled to a distinctive plate shall be entitled to have a distinctive emblem or
864	864	727decal reflecting service in Operation Enduring Freedom or the receipt of the Iraqi Freedom
865	865	728Campaign Ribbon, an Afghanistan Campaign Ribbon, a Persian Gulf Campaign Ribbon, the
866	866	729Armed Forces Expeditionary Medal, the Southwest Asia Service Medal, the Inherent Resolve
867	867	730Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Vietnam Service
868	868	731Medal, the Kosovo Campaign Medal, or the Prisoner of War Medal.
869	869	732 (g) Under any special recognition or status recognized in this section, a widowed person
870	870	733shall not be compelled to surrender their distinctive plate, emblem or decal unless they remarry,
871	871	734cancel or fail to renew registration. If the deceased person was entitled to recognition under any
872	872	735portion of this section but did not apply for special status under this section, a widowed person
873	873	736may nonetheless apply in the stead of their deceased spouse.
874	874	737 (h) Any special status under this section shall entitle the bearer to only 1 special plate,
875	875	738emblem or decal; provided, however, that such person may, at their option, have the distinctive
876	876	739plate, emblem or decal issued in a form suitable for use on a motorcycle rather than a passenger
877	877	740car. 37 of 109
878	878	741 (i) Any plate to which an individual is entitled under this section shall be issued without
879	879	742fee other than the established registration fee for private passenger motor vehicles and
880	880	743motorcycles. The registrar may provide individuals the option of paying an additional fee. Any
881	881	744funds related to the additional fee generated under this section shall be distributed to the state
882	882	745operated veterans’ homes on an equal basis, to their special account, up to $500,000 for each
883	883	746home. Any excess fee over $500,000 for each state-operated veterans’ home shall be placed in
884	884	747the special trust fund subject to the control of the secretary of veterans’ services.
885	885	748 SECTION 31. Section 69G of said chapter 164, as so appearing, is hereby amended by
886	886	749striking out, in line 1, the words “sixty-nine H to sixty-nine R” and inserting in place thereof the
887	887	750following words:- 69H to 69W.
888	888	751 SECTION 32. Said section 69G of said chapter 164, as so appearing, is hereby further
889	889	752amended by striking out the definition of “Applicant” and inserting in place thereof the following
890	890	7532 definitions:-
891	891	754 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
892	892	755produced by the accelerated biodegradation of organic materials under controlled anaerobic
893	893	756conditions; and (ii) has been determined by the department of energy resources, in coordination
894	894	757with the department of environmental protection, to qualify under the department of energy
895	895	758resources regulations as a Class I renewable energy generating source under section 11F of
896	896	759chapter 25A.
897	897	760 “Applicant”, a person or group of persons who submits to the department or board a long-
898	898	761range plan, a petition to construct a facility, a petition for a consolidated permit for a large clean
899	899	762energy infrastructure facility or small clean energy infrastructure facility, a petition for a 38 of 109
900	900	763certificate of environmental impact and public need, a notice of intent to construct an oil facility
901	901	764or any application, petition or matter referred by the chair of the department to the board
902	902	765pursuant to section 69H.
903	903	766 SECTION 33. Said section 69G of said chapter 164, as so appearing, is hereby further
904	904	767amended by inserting after the definition of “Certificate” the following definition:-
905	905	768 “Consolidated permit”, a permit issued by the board to a large clean energy infrastructure
906	906	769facility or a small clean energy infrastructure facility that includes all municipal, regional and
907	907	770state permits that the large or small clean energy infrastructure facility would otherwise need to
908	908	771obtain individually, with the exception of certain federal permits that are delegated to specific
909	909	772state agencies, as determined by the board.
910	910	773 SECTION 34. Said section 69G of said chapter 164, as so appearing, is hereby further
911	911	774amended by striking out the definition of “Department” and inserting in place thereof the
912	912	775following 3 definitions:-
913	913	776 “Cumulative impact analysis”, a written report produced by the applicant assessing
914	914	777impacts and burdens, including but not limited to any existing environmental burden and public
915	915	778health consequences impacting a specific geographical area in which a facility, large clean
916	916	779energy infrastructure facility or small clean energy infrastructure facility is proposed from any
917	917	780prior or current private, industrial, commercial, state or municipal operation or project; provided,
918	918	781that if the analysis indicates that such a geographical area is subject to an existing unfair or
919	919	782inequitable environmental burden or related health consequence, the analysis shall identify any:
920	920	783(i) environmental and public health impact from the proposed project that would likely result in a
921	921	784disproportionate adverse effect on such geographical area; (ii) potential impact or consequence 39 of 109
922	922	785from the proposed project that would increase or reduce the effects of climate change on such
923	923	786geographical area; and (iii) proposed potential remedial actions to address any disproportionate
924	924	787adverse impacts to the environment, public health and climate resilience of such geographical
925	925	788area that may be attributable to the proposed project. Said cumulative impact analysis shall be
926	926	789developed in accordance with guidance established by the office of environmental justice and
927	927	790equity established pursuant to section 29 of chapter 21A and regulations promulgated by the
928	928	791board.
929	929	792 “Department”, the department of public utilities.
930	930	793 “Director”, the director of the facilities siting division appointed pursuant to section 12N
931	931	794of chapter 25, who shall serve as the director of the board; provided, however, that the director
932	932	795shall have authority to issue decisions on de novo adjudications of local permit applications
933	933	796pursuant to section 69W of chapter 164.
934	934	797 SECTION 35. Said section 69G of said chapter 164, as so appearing, is hereby further
935	935	798amended by inserting after the word “capacity”, in line 46, the following words:- ; provided,
936	936	799however, that “facility” shall not include a large clean energy infrastructure facility or small
937	937	800clean energy infrastructure facility.
938	938	801 SECTION 36. Said section 69G of said chapter 164, as so appearing, is hereby further
939	939	802amended by striking out, in line 48, the words “and liquified natural gas”, and inserting in place
940	940	803thereof the following words:- liquified natural gas, renewable natural gas and hydrogen.
941	941	804 SECTION 37. Said section 69G of said chapter 164, as so appearing, is hereby further
942	942	805amended by striking out, in line 61, the figure “100” and inserting in place thereof the following
943	943	806figure:- 25. 40 of 109
944	944	807 SECTION 38. Said section 69G of said chapter 164, as so appearing, is hereby further
945	945	808amended by inserting after the definition of “Generating facility” the following 4 definitions:-
946	946	809 “Large clean energy generation facility”, energy generation infrastructure with a
947	947	810nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar
948	948	811facility or wind facility, including any ancillary structure that is an integral part of the operation
949	949	812of the large clean energy generation facility, or, following a rulemaking by the board in
950	950	813consultation with the department of energy resources that includes the facility within the
951	951	814regulatory definition of a large clean energy generation facility, any other type of generation
952	952	815facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for
953	953	816solar facilities shall be calculated in direct current.
954	954	817 “Large clean energy infrastructure facility”, a large clean energy generation facility, large
955	955	818clean energy storage facility or large clean transmission and distribution infrastructure facility.
956	956	819 “Large clean energy storage facility”, an energy storage system as defined under section
957	957	8201 with a rated capacity of not less than 100 megawatt hours, including any ancillary structure that
958	958	821is an integral part of the operation of the large clean energy storage facility.
959	959	822 “Large clean transmission and distribution infrastructure facility”, electric transmission
960	960	823and distribution infrastructure and related ancillary infrastructure that is: (i) a new electric
961	961	824transmission line having a design rating of not less than 69 kilovolts and that is not less than 1
962	962	825mile in length on a new transmission corridor, including any ancillary structure that is an integral
963	963	826part of the operation of the transmission line; (ii) a new electric transmission line having a design
964	964	827rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing
965	965	828transmission corridor except reconductored or rebuilt transmission lines at the same voltage, 41 of 109
966	966	829including any ancillary structure that is an integral part of the operation of the transmission line;
967	967	830(iii) any other new electric transmission infrastructure requiring zoning exemptions, including
968	968	831standalone transmission substations and upgrades and any ancillary structure that is an integral
969	969	832part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore
970	970	833wind to the grid; provided, however, that the large clean transmission and distribution facility:
971	971	834(A) is designed, fully or in part, to directly interconnect or otherwise facilitate the
972	972	835interconnection of clean energy infrastructure to the electric grid; (B) is approved by the regional
973	973	836transmission operator in relation to interconnecting clean energy infrastructure; (C) is proposed
974	974	837to ensure electric grid reliability and stability; or (D) will help facilitate the electrification of the
975	975	838building and transportation sectors; and provided further, that a “large clean transmission and
976	976	839distribution infrastructure facility” shall not include new transmission and distribution
977	977	840infrastructure that solely interconnects new and existing energy generation powered by fossil
978	978	841fuels on or after January 1, 2026.
979	979	842 SECTION 39. Said section 69G of said chapter 164, as so appearing, is hereby further
980	980	843amended by striking out the definition of “Significant portion of his income” and inserting in
981	981	844place thereof the following 6 definitions:-
982	982	845 “Significant portion of their income”, 10 per cent of gross personal income for a calendar
983	983	846year; provided, however, that it shall mean 50 per cent of gross personal income for a calendar
984	984	847year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement,
985	985	848pension or similar arrangement. Income includes retirement benefits, consultants’ fees and stock
986	986	849dividends. Income shall not be received directly or indirectly from permit holders or applicants
987	987	850for a permit where it is derived from mutual fund payments or from other diversified investments
988	988	851over which the recipient does not know the identity of the primary sources of income. 42 of 109
989	989	852 “Small clean energy generation facility”, as defined in section 21 of chapter 25A.
990	990	853 “Small clean energy infrastructure facility”, as defined in section 21 of chapter 25A.
991	991	854 “Small clean energy storage facility”, as defined in section 21 of chapter 25A.
992	992	855 “Small clean transmission and distribution infrastructure facility”, as defined in section
993	993	85621 of chapter 25A.
994	994	857 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
995	995	858 SECTION 40. Said section 69G of said chapter 164, as so appearing, is hereby further
996	996	859amended by adding the following definition:-
997	997	860 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
998	998	861 SECTION 41. Section 69H of said chapter 164, as amended by section 292 of chapter 7
999	999	862of the acts of 2023, is hereby further amended by striking out the first 3 paragraphs and inserting
1000	1000	863in place thereof the following 4 paragraphs:-
1001	1001	864 There shall be an energy facilities siting board within the department, but not under the
1002	1002	865supervision or control of the department. The board shall implement the provisions contained in
1003	1003	866sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provide a reliable,
1004	1004	867resilient and clean supply of energy consistent with the commonwealth’s climate change and
1005	1005	868greenhouse gas reduction policies and requirements; (ii) ensure that large clean energy
1006	1006	869infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities
1007	1007	870avoid or minimize or, if impacts cannot be avoided or minimized, mitigate environmental
1008	1008	871impacts and negative health impacts to the extent practicable; (iii) ensure that large clean energy
1009	1009	872infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are, 43 of 109
1010	1010	873to the extent practicable, in compliance with energy, environmental, land use, labor, economic
1011	1011	874justice, environmental justice and equity and public health and safety policies of the
1012	1012	875commonwealth, its subdivisions and its municipalities; and (iv) ensure large clean energy
1013	1013	876infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are
1014	1014	877constructed in a manner that avoids or minimizes costs. The board shall review: (A) the need for,
1015	1015	878cost of and environmental and public health impacts of transmission lines, natural gas pipelines,
1016	1016	879facilities for the manufacture and storage of gas, oil facilities, large clean transmission and
1017	1017	880distribution infrastructure facilities and small clean transmission and distribution infrastructure
1018	1018	881facilities; and (B) the environmental and public health impacts of generating facilities, large
1019	1019	882clean energy generation facilities, small clean energy generation facilities, large clean energy
1020	1020	883storage facilities and small clean energy storage facilities.
1021	1021	884 Any determination made by the board shall describe the environmental and public health
1022	1022	885impacts, if any, of the large clean energy infrastructure facility, small clean energy infrastructure
1023	1023	886facility, facility or oil facility and shall include findings, including, but not be limited to, findings
1024	1024	887that: (i) efforts have been made to avoid or minimize or, if impacts cannot be avoided or
1025	1025	888minimized, mitigate environmental impacts; (ii) due consideration has been given to the findings
1026	1026	889and recommendations of local governments; (iii) in the case of large clean transmission and
1027	1027	890distribution infrastructure facilities, small clean transmission and distribution infrastructure
1028	1028	891facilities and natural gas pipelines, due consideration has been given to advanced transmission
1029	1029	892technologies, grid enhancement technologies, non-wires or non-pipeline alternatives, the repair
1030	1030	893or retirement of pipelines and other alternatives in an effort to avoid or minimize costs; (iv) in
1031	1031	894the case of large clean transmission and distribution infrastructure facilities and small clean
1032	1032	895transmission and distribution infrastructure facilities, the infrastructure or project will increase 44 of 109
1033	1033	896the capacity of the system to interconnect large electricity customers, electric vehicle supply
1034	1034	897equipment, clean energy generation, clean energy storage or other clean energy generation
1035	1035	898sources that qualify under any clean energy standard regulation established by the department of
1036	1036	899environmental protection pursuant to subsection (d) of section 3 of chapter 21N or will facilitate
1037	1037	900the electrification of the building and transportation sectors; and (v) due consideration has been
1038	1038	901given to any cumulative burdens on host communities and efforts that must be taken to avoid or
1039	1039	902minimize or, if impacts cannot be avoided or minimized, efforts to mitigate such burdens. In
1040	1040	903considering and issuing a decision, the board shall also consider reasonably foreseeable climate
1041	1041	904change impacts, including additional greenhouse gas or other pollutant emissions known to have
1042	1042	905negative health impacts, predicted sea level rise, flooding and any other disproportionate adverse
1043	1043	906effects on a specific geographical area. Such reviews shall be conducted consistent with section
1044	1044	90769J1/4 for generating facilities, section 69T for large clean energy infrastructure facilities,
1045	1045	908sections 69U to 69W, inclusive, for small clean energy infrastructure facilities and section 69J
1046	1046	909for all other types of facilities.
1047	1047	910 The board shall be composed of: the secretary of energy and environmental affairs or a
1048	1048	911designee, who shall serve as chair; the secretary of economic development or a designee; the
1049	1049	912commissioner of environmental protection or a designee; the commissioner of energy resources
1050	1050	913or a designee; the chair of the department of public utilities or a designee; the commissioner of
1051	1051	914fish and game or a designee; the commissioner of public health or a designee; and 4 public
1052	1052	915members to be appointed by the governor for a term coterminous with that of the governor, 1 of
1053	1053	916whom shall be a representative of the Massachusetts Association of Regional Planning Agencies,
1054	1054	9171 of whom shall be a representative of the Massachusetts Municipal Association, Inc. with
1055	1055	918expertise in municipal permitting matters, 1 of whom shall be experienced in environmental 45 of 109
1056	1056	919justice issues or indigenous sovereignty and 1 of whom shall be experienced in labor issues;
1057	1057	920provided, however, that the public members shall not have received, within the 2 years
1058	1058	921immediately preceding appointment, a significant portion of their income directly or indirectly
1059	1059	922from the developer of an energy facility or an electric, gas or oil company. The public members
1060	1060	923shall serve on a part-time basis, receive $100 per diem of board service and be reimbursed by the
1061	1061	924commonwealth for all reasonable expenses actually and necessarily incurred in the performance
1062	1062	925of official board duties. Upon the resignation of any public member, a successor shall be
1063	1063	926appointed in a like manner for the unexpired portion of the term. Appointees shall serve for not
1064	1064	927more than 2 consecutive full terms.
1065	1065	928 In the event of the absence, recusal or disqualification of the chair, the commissioner of
1066	1066	929energy resources shall appoint an acting chair from the remaining members of the board. The
1067	1067	930board shall meet at such time and place as the chair may designate or upon the request of 3
1068	1068	931members. The board shall render a final decision on an application by a majority vote of the
1069	1069	932members in attendance at a meeting and 6 members shall constitute a quorum.
1070	1070	933 SECTION 42. The fifth paragraph of said section 69H of said chapter 164, as appearing
1071	1071	934in the 2022 Official Edition, is hereby amended by striking out clause (1) and inserting in place
1072	1072	935thereof the following clause:-
1073	1073	936 (1) To adopt and publish rules and regulations consistent with the purposes of sections
1074	1074	93769H to 69S, inclusive, and to amend the same from time to time, including, but not limited to,
1075	1075	938rules and regulations for the conduct of the board’s public hearings under sections 69H1/2, 69J,
1076	1076	93969J1/4, 69M and 69T to 69W, inclusive. 46 of 109
1077	1077	940 SECTION 43. Said section 69H of said chapter 164, as amended by section 292 of
1078	1078	941chapter 7 of the acts of 2023, is hereby further amended by adding the following 2 paragraphs:-
1079	1079	942 The board shall promulgate regulations, in consultation with the office of environmental
1080	1080	943justice and equity and the Massachusetts environmental policy act office, for cumulative impact
1081	1081	944analysis as part of its review of facilities, large clean energy infrastructure facilities and small
1082	1082	945clean energy infrastructure facilities which shall be informed by the cumulative impact analysis
1083	1083	946standards and guidelines developed pursuant to section 29 of chapter 21A.
1084	1084	947 The board and any proponent or owner of a large clean energy infrastructure facility or
1085	1085	948small clean energy infrastructure facility shall not be subject to any provisions of sections 61 to
1086	1086	94962L, inclusive, of chapter 30 in relation to an application or petition for a comprehensive permit
1087	1087	950or de novo adjudication filed under sections 69T to 69W, inclusive. This section shall apply to
1088	1088	951any state agency issuing, in relation to an application or petition under said sections 69T to 69V,
1089	1089	952inclusive, a federal permit that is delegated to that agency and determined by the board to be
1090	1090	953excluded from the definition of consolidated permit in section 69G.
1091	1091	954 SECTION 44. The third paragraph of section 69I of said chapter 164, as appearing in the
1092	1092	9552022 Official Edition, is hereby amended by striking out the last sentence and inserting in place
1093	1093	956thereof the following sentence:- Neither the board nor any other person, in taking any action
1094	1094	957pursuant to sections 69J to 69J1/4, inclusive, or sections 69T to 69W, inclusive, shall be subject
1095	1095	958to sections 61 to 62H, inclusive, of chapter 30.
1096	1096	959 SECTION 45. Section 69J of said chapter 164, as so appearing, is hereby amended by
1097	1097	960inserting after the words “a facility”, in lines 1 and 2, the following words:- that is not a large
1098	1098	961clean energy infrastructure facility or small clean energy infrastructure facility. 47 of 109
1099	1099	962 SECTION 46. Said section 69J of said chapter 164, as so appearing, is hereby further
1100	1100	963amended by striking out the second to fourth paragraphs, inclusive, and inserting in place thereof
1101	1101	964the following paragraph:-
1102	1102	965 A petition to construct a facility shall include, in such form and detail as the board shall
1103	1103	966from time to time prescribe: (i) a description of the facility, site and surrounding areas; (ii) an
1104	1104	967analysis of the need for the facility, either within or outside, or both within and outside the
1105	1105	968commonwealth, including a description of the energy benefits of the facility; (iii) a description of
1106	1106	969the alternatives to the facility, such as other methods of transmitting or storing energy, other site
1107	1107	970locations, other sources of electrical power or gas or a reduction of requirements through load
1108	1108	971management; (iv) a description of the environmental impacts of the facility, including both
1109	1109	972environmental benefits and burdens, that includes a description of efforts to avoid, minimize and
1110	1110	973mitigate burdens and efforts to enhance benefits, such as shared use, recreational paths or access
1111	1111	974to nature; (v) evidence that all pre-filing consultation and community engagement requirements
1112	1112	975established by the board have been satisfied and, if not, the applicant shall demonstrate good
1113	1113	976cause for a waiver of the requirements that could not be satisfied by the applicant; and (vi) a
1114	1114	977cumulative impact analysis. The board may issue and revise filing guidelines after public notice
1115	1115	978and a period for comment. Said filing guidelines shall require the applicant to provide minimum
1116	1116	979data for review related to climate change impact, land use impact, water resource impact, air
1117	1117	980quality impact, fire and other public safety risks, solid waste impact, radiation impact, noise
1118	1118	981impact and other public health impacts as determined by the board.
1119	1119	982 SECTION 47. Said section 69J of said chapter 164, as so appearing, is hereby further
1120	1120	983amended by striking out the last paragraph and inserting in place thereof the following
1121	1121	984paragraph:- 48 of 109
1122	1122	985 This section shall not apply to petitions submitted under sections 69U to 69W, inclusive,
1123	1123	986or petitions to construct a generating facility or a large clean energy infrastructure facility, which
1124	1124	987shall be subject to sections 69J 1/4 and 69T, respectively.
1125	1125	988 SECTION 48. Section 69J 1/4 of said chapter 164, as so appearing, is hereby amended by
1126	1126	989inserting after the word “facility”, in line 2, the following words:- that is not a large clean energy
1127	1127	990infrastructure facility or small clean energy infrastructure facility.
1128	1128	991 SECTION 49. Said section 69J 1/4 of said chapter 164, as so appearing, is hereby further
1129	1129	992amended by striking out the third paragraph and inserting in place thereof the following
1130	1130	993paragraph:-
1131	1131	994 A petition to construct a generating facility shall include, in such form and detail as the
1132	1132	995board shall from time to time prescribe, the following information: (i) a description of the
1133	1133	996proposed generating facility and any ancillary structures and related facilities, including a
1134	1134	997description of the energy benefits of the generating facility; (ii) a description of the
1135	1135	998environmental and public health impacts of the facility, including both environmental and public
1136	1136	999health benefits and burdens that includes a description of efforts to avoid or minimize or, if
1137	1137	1000impacts cannot be avoided or minimized, efforts to mitigate the burdens and enhance the
1138	1138	1001benefits, and the costs associated with the mitigation, control or reduction of the environmental
1139	1139	1002and public health impacts of the proposed generating facility; (iii) a description of the project
1140	1140	1003development and site selection process used in choosing the design and location of the proposed
1141	1141	1004generating facility; (iv) either: (A) evidence that the expected emissions from the facility meet
1142	1142	1005the technology performance standard in effect at the time of filing; or (B) a description of the
1143	1143	1006environmental impacts, costs and reliability of other fossil fuel generating technologies and an 49 of 109
1144	1144	1007explanation of why the proposed technology was chosen; (v) evidence that all pre-filing
1145	1145	1008consultation and community engagement requirements established by the board have been
1146	1146	1009satisfied and, if not, the applicant shall demonstrate good cause for a waiver of the requirements
1147	1147	1010that could not be satisfied by the applicant; (vi) a cumulative impact analysis; and (vii) any other
1148	1148	1011information necessary to demonstrate that the generating facility meets the requirements for
1149	1149	1012approval specified in this section.
1150	1150	1013 SECTION 50. Said chapter 164 is hereby further amended by striking out section 69J 1/2,
1151	1151	1014as so appearing, and inserting in place thereof the following section:-
1152	1152	1015 Section 69J 1/2. Notwithstanding any general or special law to the contrary, the
1153	1153	1016department may charge a fee as specified by its regulations for each application to construct a
1154	1154	1017facility that generates electricity, a large clean energy generation facility, a small clean energy
1155	1155	1018generation facility, a large clean energy storage facility, a small clean energy storage facility, a
1156	1156	1019non-utility owned large clean transmission and distribution infrastructure facility or a small clean
1157	1157	1020transmission and distribution infrastructure facility. If the application to construct any such
1158	1158	1021facility is accompanied by an application to construct 1 additional facility that does not generate
1159	1159	1022electricity, the department may charge a fee as specified by its regulations for the combined
1160	1160	1023application. If an application to construct a facility that generates electricity is accompanied by
1161	1161	1024applications to construct 2 additional facilities that do not generate electricity, the department
1162	1162	1025may charge a fee as specified by its regulations for the combined application. If an application to
1163	1163	1026construct a facility that does not generate electricity is filed separately, the department may
1164	1164	1027charge a fee as specified by its regulations for each such application; provided, however, that, the
1165	1165	1028department may charge a lower fee for applications to construct facilities that do not generate 50 of 109
1166	1166	1029electricity and that are below a size to be determined by the department. Said fees shall be
1167	1167	1030payable upon issuance of the notice of adjudication and public hearing.
1168	1168	1031 The department may retain said fees for the purpose of reviewing applications to
1169	1169	1032construct or consolidated permit applications for large clean energy infrastructure facilities, small
1170	1170	1033clean energy infrastructure facilities or other facilities subject to this section and for the purpose
1171	1171	1034of creating a clean energy infrastructure dashboard established under section 12N of chapter 25.
1172	1172	1035 Any remaining balance of fees at the end of a fiscal year shall not revert to the General
1173	1173	1036Fund but shall remain available to the department during the following fiscal year for the
1174	1174	1037purposes of this section or section 12S of chapter 25.
1175	1175	1038 The department shall issue an annual report summarizing the data and information
1176	1176	1039required by this section, including, but not limited to: (i) the number of applications filed for
1177	1177	1040facilities, large clean energy infrastructure facilities and small clean energy infrastructure
1178	1178	1041facilities, decided and pending; (ii) the average duration of review; and (iii) the average staffing
1179	1179	1042levels; provided, however, that the annual report shall make use of bar charts, line charts and
1180	1180	1043other visual representations in order to facilitate public understanding of events of the immediate
1181	1181	1044preceding year and of long-term and cumulative trends and outcomes. The board shall file the
1182	1182	1045report with the clerks of the house of representatives and the senate, the house and senate
1183	1183	1046committees on ways and means and the joint committee on telecommunications, utilities and
1184	1184	1047energy not later than January 31.
1185	1185	1048 Nothing contained in this section shall be interpreted as changing the statutory mandates
1186	1186	1049of the department or board or the type of facilities that may be constructed by applicants that are
1187	1187	1050not utilities. Nothing contained in this section shall be interpreted as changing the regulations or 51 of 109
1188	1188	1051body of precedent of the department or board or interpreted as changing the rights of intervenors
1189	1189	1052before the department or board.
1190	1190	1053 SECTION 51. Section 69O of said chapter 164, as so appearing, is hereby amended by
1191	1191	1054striking out, in lines 7 and 8, the words “sixty-one to sixty-two H, inclusive, of chapter thirty”
1192	1192	1055and inserting in place thereof the following words:- 61 to 62L, inclusive, of chapter 30.
1193	1193	1056 SECTION 52. Said chapter 164 is hereby further amended by striking out section 69P, as
1194	1194	1057so appearing, and inserting in place thereof the following section:-
1195	1195	1058 Section 69P. Any party in interest aggrieved by a final decision of the board or the
1196	1196	1059director shall have a right to judicial review in the manner provided by section 5 of chapter 25.
1197	1197	1060The scope of such judicial review shall be limited to whether the decision of the board or the
1198	1198	1061director: (i) is in conformity with the constitution of the commonwealth and the constitution of
1199	1199	1062the United States; (ii) was made in accordance with the procedures established under sections
1200	1200	106369H to 69O, inclusive, and sections 69T to 69W, inclusive, and the rules and regulations of the
1201	1201	1064board with respect to such sections; (iii) was supported by substantial evidence of record in the
1202	1202	1065board’s proceedings; and (iv) was arbitrary, capricious or an abuse of the board’s discretion
1203	1203	1066under said sections 69H to 69O, inclusive, and said sections 69T to 69W, inclusive.
1204	1204	1067 SECTION 53. Said chapter 164 is hereby further amended by striking out section 69R, as
1205	1205	1068so appearing, and inserting in place thereof the following section:-
1206	1206	1069 Section 69R. An electric or gas company, generation company or wholesale generation
1207	1207	1070company may petition the board for the right to exercise the power of eminent domain with
1208	1208	1071respect to a facility, large clean transmission and distribution infrastructure facility or small clean
1209	1209	1072transmission and distribution infrastructure facility, specified and contained in a petition or 52 of 109
1210	1210	1073application submitted in accordance with sections 69J, 69T or 69U, or a bulk power supply
1211	1211	1074substation if such company is unable to reach an agreement with the owners of land for the
1212	1212	1075acquisition of any necessary estate or interest in land. The applicant shall forward, at the time of
1213	1213	1076filing such petition, a copy thereof to each city, town and property owner affected.
1214	1214	1077 The company shall file with such petition or have annexed thereto: (i) a statement of the
1215	1215	1078use for which such land is to be taken; (ii) a description of land to be taken sufficient for the
1216	1216	1079identification thereof; (iii) a statement of the estate or interest in the land to be taken for such
1217	1217	1080use; (iv) a plan showing the land to be taken; (v) a statement of the sum of money established by
1218	1218	1081such utility to be just compensation for the land to be taken; and (vi) such additional maps and
1219	1219	1082information as the board requires.
1220	1220	1083 The board, after such notice as it may direct, shall hold at least 1 public hearing in the
1221	1221	1084community in which the land to be taken is located. For facilities involving takings in several
1222	1222	1085communities, the hearing shall be held in communities in proximity to the land to be taken, as
1223	1223	1086determined by the board. The board may thereafter authorize the company to take by eminent
1224	1224	1087domain under chapter 79 such lands necessary for the construction of the facility as are required
1225	1225	1088in the public interest, convenience and necessity. The board shall transmit a certified copy of its
1226	1226	1089order to the company and to the clerk of each affected municipality.
1227	1227	1090 If the board dismisses the petition at any stage in the proceedings, no further action shall
1228	1228	1091be taken thereon and the company may file a new petition not less than 1 year after the date of
1229	1229	1092such dismissal.
1230	1230	1093 Following a taking under this section, the electric or gas company may forthwith proceed
1231	1231	1094to utilize such land. If the electric or gas company shall not utilize the lands so taken for the 53 of 109
1232	1232	1095purpose or purposes authorized in the department’s order within such time as the board shall
1233	1233	1096determine, its rights under such taking shall cease and terminate.
1234	1234	1097 No land, rights of way or other easements therein in any public way, public park,
1235	1235	1098reservation or other land subject to Article 97 of the Amendments to the Constitution of the
1236	1236	1099Commonwealth shall be taken by eminent domain under this section except in accordance with
1237	1237	1100said Article 97.
1238	1238	1101 This section shall not be construed as abrogating the board’s jurisdiction described in
1239	1239	1102section 72 in respect to transmission lines or the board’s jurisdiction described in sections 75B to
1240	1240	110375G, inclusive, in respect to natural gas transmission lines.
1241	1241	1104 SECTION 54. The second paragraph of section 69S of said chapter 164, as so appearing,
1242	1242	1105is hereby amended by striking out the first sentence and inserting in place thereof the following
1243	1243	1106sentence:- The board, after such notice as it may direct, shall hold at least 1 public hearing in the
1244	1244	1107city or town in which the greater portion of said land in question is located.
1245	1245	1108 SECTION 55. Said chapter 164 is hereby further amended by inserting after section 69S
1246	1246	1109the following 4 sections:-
1247	1247	1110 Section 69T. (a) The energy facilities siting board may issue consolidated permits for
1248	1248	1111large clean energy infrastructure facilities. No applicant shall commence construction of a large
1249	1249	1112clean energy infrastructure facility at a site unless an application for a consolidated permit for
1250	1250	1113such facility pursuant to this section has been approved by the board and no state agency shall
1251	1251	1114issue a construction permit for any such facility unless the petition to construct such facility has
1252	1252	1115been approved by the board. For the purposes of this section, construction shall not include
1253	1253	1116contractual obligations to purchase facilities or equipment. 54 of 109
1254	1254	1117 (b) The board shall establish the following criteria governing the siting and permitting of
1255	1255	1118large clean energy infrastructure facilities: (i) a uniform set of baseline health, safety,
1256	1256	1119environmental and other standards that apply to the issuance of a consolidated permit; (ii) a
1257	1257	1120common standard application to be used when submitting an application to the board; (iii) pre-
1258	1258	1121filing requirements commensurate with the scope and scale of the proposed large clean energy
1259	1259	1122infrastructure facility, which shall include specific requirements for pre-filing consultations with
1260	1260	1123permitting agencies and the Massachusetts environmental policy act office, public meetings and
1261	1261	1124other forms of outreach that must occur in advance of an applicant submitting an application; (iv)
1262	1262	1125standards for applying site suitability criteria developed by the executive office of energy and
1263	1263	1126environmental affairs pursuant to section 30 of chapter 21A to evaluate the social and
1264	1264	1127environmental impacts of proposed large clean energy infrastructure project sites and which shall
1265	1265	1128include a mitigation hierarchy to be applied during the permitting process to avoid or minimize
1266	1266	1129or, if impacts cannot be avoided or minimized, mitigate impacts of siting on the environment,
1267	1267	1130people and goals and objectives of the commonwealth for climate mitigation, carbon storage and
1268	1268	1131sequestration, resilience, biodiversity and protection of natural and working lands to the extent
1269	1269	1132practicable; (v) standards for applying the cumulative impacts analysis standards and guidelines
1270	1270	1133developed by the office of environmental justice and equity pursuant to section 29 of chapter
1271	1271	113421A to evaluate and minimize the impacts of large clean energy infrastructure facilities in the
1272	1272	1135context of existing infrastructure and conditions; (vi) standard permit conditions and
1273	1273	1136requirements for a single permit consolidating all necessary local, regional and state approvals to
1274	1274	1137be issued to different types of large clean energy infrastructure facilities in the event that
1275	1275	1138constructive approval is triggered through the non-issuance of a permit by the board pursuant to
1276	1276	1139subsection (i); and (vii) entities responsible for compliance and enforcement of permit 55 of 109
1277	1277	1140conditions, including in the event of sale of large clean energy infrastructure facilities after
1278	1278	1141permitting.
1279	1279	1142 (c) An application for a consolidated permit for a large clean transmission and
1280	1280	1143distribution infrastructure facility shall include, in such form and detail as the board shall from
1281	1281	1144time to time prescribe: (i) a description of the large clean transmission and distribution
1282	1282	1145infrastructure facility, site and surrounding areas; (ii) an analysis of the need for the large clean
1283	1283	1146transmission and distribution infrastructure facility, either within or outside or both within and
1284	1284	1147outside the commonwealth, including a description of energy benefits; (iii) a description of the
1285	1285	1148alternatives to the large clean transmission and distribution infrastructure facility including siting
1286	1286	1149and project alternatives to avoid or minimize or, if impacts cannot be avoided or minimized,
1287	1287	1150mitigate impacts; (iv) a description of the environmental impacts of the large clean transmission
1288	1288	1151and distribution infrastructure facility, including both environmental benefits and burdens, such
1289	1289	1152as shared use, recreational paths or access to nature; (v) evidence that all pre-filing consultation
1290	1290	1153and community engagement requirements established by the board have been satisfied and, if
1291	1291	1154not, demonstrate good cause for a waiver of the requirements that could not be satisfied by the
1292	1292	1155applicant; and (vi) a cumulative impact analysis. The board may issue and revise filing
1293	1293	1156guidelines after public notice and a period for comment.
1294	1294	1157 (d) An application for a consolidated permit for a large clean energy generation facility or
1295	1295	1158large clean energy storage facility shall include, in such form and detail as the board shall from
1296	1296	1159time to time prescribe: (i) a description of the large clean energy generation facility’s or large
1297	1297	1160clean energy storage facility’s site and surrounding areas, including any ancillary structures and
1298	1298	1161related facilities and a description of the energy benefits of the large clean energy generation
1299	1299	1162facility or large clean energy storage facility; (ii) a description of the environmental impacts of 56 of 109
1300	1300	1163the large clean energy generation facility or large clean energy storage facility, including both
1301	1301	1164environmental benefits and burdens; (iii) a description of the project site selection process and
1302	1302	1165alternatives analysis used in choosing the location of the proposed large clean energy generation
1303	1303	1166facility or large clean energy storage facility to avoid or minimize or, if impacts cannot be
1304	1304	1167avoided or minimized, mitigate impacts; (iv) evidence that all pre-filing consultation and
1305	1305	1168community requirements established by the board have been satisfied and, if not, demonstrate
1306	1306	1169good cause for a waiver of the requirements that could not be satisfied by the applicant; and (v) a
1307	1307	1170cumulative impact analysis. The board may issue and revise filing guidelines after public notice
1308	1308	1171and a period for comment.
1309	1309	1172 (e) Review by the board of the application shall be an adjudicatory proceeding under
1310	1310	1173chapter 30A. The authority of the board to conduct the adjudicatory proceeding under the
1311	1311	1174provisions of this section may be delegated in whole or in part to the employees of the
1312	1312	1175department. Pursuant to the rules of the board, such employees shall report back to the board
1313	1313	1176with recommended decisions for final action thereon.
1314	1314	1177 (f) The board shall determine whether a large clean energy infrastructure facility permit
1315	1315	1178application is complete within 30 days of receipt of the application. If an application is deemed
1316	1316	1179not complete, the applicant shall have 30 days to cure any deficiencies identified by the board
1317	1317	1180before the application is rejected. The board may provide extensions of time to cure deficiencies
1318	1318	1181if the applicant can demonstrate extenuating circumstances.
1319	1319	1182 (g) The board shall conduct a public hearing in at least 1 of the affected cities or towns in
1320	1320	1183which a large clean energy infrastructure facility would be located. 57 of 109
1321	1321	1184 (h) Following a determination by the board that an application for a large clean energy
1322	1322	1185infrastructure facility is complete, all municipal, regional and state agencies, authorities, boards,
1323	1323	1186commissions, offices or other entities that would otherwise be required to issue at least 1 permit
1324	1324	1187to the facility shall be deemed to be substantially and specifically affected by the proceeding and
1325	1325	1188upon notification to the board shall have intervenor status in the proceeding to review the
1326	1326	1189facility’s application. All municipal, regional and state agencies, authorities, boards,
1327	1327	1190commissions, offices or other entities that would otherwise be required to issue at least 1 permit
1328	1328	1191to the facility shall be afforded an opportunity to submit statements of recommended permit
1329	1329	1192conditions to the board relative to the respective permits that each agency, authority, board,
1330	1330	1193commission, office or other entity would otherwise be responsible for issuing.
1331	1331	1194 (i) The board shall establish timeframes for reviewing different types of large clean
1332	1332	1195energy infrastructure facilities based on the complexity of the facility, the need for an exemption
1333	1333	1196from local zoning requirements and community impacts, but in no instance shall the board take
1334	1334	1197more than 15 months from the determination of application completeness to render a final
1335	1335	1198decision on an application. The board shall have the authority to approve, approve with
1336	1336	1199conditions or reject a consolidated permit application. If no final decision is issued within the
1337	1337	1200deadline established by the board for the type of large clean energy infrastructure facility, the
1338	1338	1201board shall issue a permit granting approval to construct that includes the common conditions
1339	1339	1202and requirements established by the board through regulations for the type of large clean energy
1340	1340	1203infrastructure facility under review, which shall be deemed a final decision of the board. A
1341	1341	1204consolidated permit, if issued, shall be in the form of a composite of all individual permits,
1342	1342	1205approvals or authorizations that would otherwise be necessary for the construction and operation
1343	1343	1206of the large clean energy infrastructure facility and that portion of the consolidated permit that 58 of 109
1344	1344	1207relates to subject matters within the jurisdiction of a municipal, regional or state agency,
1345	1345	1208authority, board, commission, office or other entity shall be enforced by said agency, authority,
1346	1346	1209board, commission, office or other entity under other applicable laws of the commonwealth as if
1347	1347	1210the permit had been directly granted by the said agency, authority, board, commission, office or
1348	1348	1211other entity.
1349	1349	1212 Section 69U. (a) Upon request by an applicant and upon a showing of good cause, the
1350	1350	1213board may issue a consolidated permit for a small clean transmission and distribution
1351	1351	1214infrastructure facility that is not automatically subject to the jurisdiction of the board pursuant to
1352	1352	1215section 69G, if the applicant petitions the board to be granted a consolidated permit for such
1353	1353	1216facility. The board shall review such petition in accordance with subsections (b) and (c). The
1354	1354	1217board may issue such consolidated permit upon finding that the small clean transmission and
1355	1355	1218distribution infrastructure facility will serve the public convenience and is consistent with the
1356	1356	1219public interest. Upon application for a consolidated permit under this section, no applicant shall
1357	1357	1220commence construction of a small clean transmission and distribution infrastructure facility at a
1358	1358	1221site unless a consolidated permit for construction of that small clean transmission and
1359	1359	1222distribution infrastructure facility pursuant to this section has been approved by the board. For
1360	1360	1223purposes of this section, construction shall not include contractual obligations to purchase such
1361	1361	1224facilities or equipment.
1362	1362	1225 (b) The board shall establish the same criteria governing the siting and permitting of
1363	1363	1226small clean transmission and distribution infrastructure facilities eligible to submit an application
1364	1364	1227under this section as it is required to establish for large clean energy infrastructure facilities
1365	1365	1228pursuant to subsection (b) of section 69T. An application for a consolidated permit for a small
1366	1366	1229clean transmission and distribution infrastructure facility shall include the same elements as 59 of 109
1367	1367	1230required for large clean transmission and distribution infrastructure facilities under subsection (c)
1368	1368	1231of section 69T. Subject to subsection (c), subsections (d) to (i), inclusive, of section 69T shall
1369	1369	1232apply to the process followed by the board regarding the issuance of a consolidated permit to any
1370	1370	1233small clean transmission and distribution infrastructure facility under this section.
1371	1371	1234 (c) The board shall establish timeframes and procedures for reviewing different types of
1372	1372	1235small clean transmission and distribution infrastructure facilities based on the complexity of the
1373	1373	1236facility and the need for an exemption from local zoning requirements, but in no instance shall
1374	1374	1237the board take more than 12 months from the determination of application completeness to
1375	1375	1238render a final decision on an application. The board shall have the authority to approve, approve
1376	1376	1239with conditions or reject a permit application. If no final decision is issued within the deadline
1377	1377	1240for the type of small clean transmission and distribution infrastructure facility established by the
1378	1378	1241board, the board shall issue a permit granting approval to construct that adopts the common
1379	1379	1242conditions and requirements established by the board in regulation for the type of small clean
1380	1380	1243transmission and distribution infrastructure facility under review, which shall be deemed a final
1381	1381	1244decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all
1382	1382	1245individual permits, approvals or authorizations that would otherwise be necessary for the
1383	1383	1246construction and operation of the small clean transmission and distribution infrastructure facility
1384	1384	1247and the portion of the consolidated permit that relates to subject matters within the jurisdiction of
1385	1385	1248a municipal, regional or state agency, authority, board, commission, office or other entity shall
1386	1386	1249be enforced by said agency, authority, board, commission, office or other entity under the other
1387	1387	1250applicable laws of the commonwealth as if the permit had been directly granted by said agency,
1388	1388	1251authority, board, commission, office or other entity. 60 of 109
1389	1389	1252 Section 69V. (a) The board may issue a consolidated permit for a small clean energy
1390	1390	1253generation facility or a small clean energy storage facility. An owner or proponent of a small
1391	1391	1254clean energy generation facility or a small clean energy storage facility may submit an
1392	1392	1255application to the board to be granted a consolidated permit that shall include all state permits
1393	1393	1256necessary to construct the small clean energy generation facility or small clean energy storage
1394	1394	1257facility. All local government permits and approvals for a small clean energy generation facility
1395	1395	1258or a small clean energy storage facility shall be issued separately pursuant to section 21 of
1396	1396	1259chapter 25A.
1397	1397	1260 (b) The board shall establish the same criteria governing the siting and permitting of
1398	1398	1261small clean energy generation facilities and small clean energy storage facilities eligible to
1399	1399	1262submit an application under this section as it is required to establish for large clean energy
1400	1400	1263infrastructure facilities pursuant to subsection (b) of section 69T. An application for a
1401	1401	1264consolidated permit for a small clean energy generation facility or small clean energy storage
1402	1402	1265facility eligible to submit an application under this section shall include the same elements as
1403	1403	1266required for a large clean energy generation facility and a large clean energy storage facility
1404	1404	1267under subsection (d) of section 69T. Subsections (e) to (g), inclusive, of section 69T shall apply
1405	1405	1268to the issuance of a consolidated permit to any small clean energy generation facility or small
1406	1406	1269clean energy storage facility under this section.
1407	1407	1270 (c) The board shall not take more than 12 months from the determination of application
1408	1408	1271completeness to render a final decision on an application. The board shall have the authority to
1409	1409	1272approve, approve with conditions or reject a permit application. If no final decision is issued
1410	1410	1273within the deadline for the type of small clean energy generation facility or small clean energy
1411	1411	1274storage facility established by the board, the board shall issue a permit granting approval to 61 of 109
1412	1412	1275construct that adopts the common conditions and requirements established by the board in
1413	1413	1276regulation for the type of small clean energy generation facility or small clean energy storage
1414	1414	1277facility under review, which shall be deemed a final decision of the board. A consolidated permit
1415	1415	1278shall be in the form of a composite of all individual permits, approvals or authorizations that
1416	1416	1279would otherwise be necessary for the construction and operation of the small clean energy
1417	1417	1280generation facility or small clean energy storage facility and that portion of the consolidated
1418	1418	1281permit that relates to subject matters within the jurisdiction of a municipal, regional or state
1419	1419	1282agency, authority, board, commission, office or other entity shall be enforced by said agency,
1420	1420	1283authority, board, commission, office or other entity under the other applicable laws of the
1421	1421	1284commonwealth as if the permit had been directly granted by said agency, authority, board,
1422	1422	1285commission, office or other entity.
1423	1423	1286 Section 69W. (a) An owner or proponent of a small clean energy infrastructure facility
1424	1424	1287that has received a final decision on, or a constructive approval of, a local consolidated permit
1425	1425	1288application from a local government, as defined in section 21 of chapter 25A, or other parties
1426	1426	1289substantially and specifically affected by the decision of the local government may submit a
1427	1427	1290request for a de novo adjudication of the local permit application by the director. Subject to
1428	1428	1291subsection (g) of section 21 of chapter 25A, a local government may also submit a request for a
1429	1429	1292de novo adjudication if their resources, capacity and staffing do not allow for review of a small
1430	1430	1293clean energy infrastructure facility’s permit application within the required maximum 12-month
1431	1431	1294timeframe for local government review established in said section 21 of said chapter 25A.
1432	1432	1295Review by the director of the request for de novo adjudication shall be deemed an adjudicatory
1433	1433	1296proceeding under chapter 30A. 62 of 109
1434	1434	1297 (b) A request for a de novo adjudication by an owner or proponent of a small clean
1435	1435	1298energy infrastructure facility or other party substantially and specifically affected by a final
1436	1436	1299decision of a local government shall be filed within 30 days of such decision.
1437	1437	1300 (c) Upon determination that at least 1 party seeking a de novo adjudication is
1438	1438	1301substantially and specifically affected, the director of the board shall review the request and the
1439	1439	1302local government’s final decision for consistency with the regulations adopting statewide
1440	1440	1303permitting standards for such facilities established by the department of energy resources
1441	1441	1304pursuant to section 21 of chapter 25A. The director shall render a decision on the request within
1442	1442	13056 months of receipt of the application and such decision shall be final. If the local government’s
1443	1443	1306decision is found to be inconsistent with the regulatory standards established by the department
1444	1444	1307of energy resources, the director may issue a final decision that supersedes the local
1445	1445	1308government’s prior decision and imposes new local permit conditions that are consistent with the
1446	1446	1309laws of the commonwealth.
1447	1447	1310 (d) The board shall establish regulations governing the process the director shall follow to
1448	1448	1311conduct the review of requests for de novo adjudication under this section.
1449	1449	1312 SECTION 56. Said chapter 164 is hereby further amended by striking out sections 72 and
1450	1450	131372A, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2
1451	1451	1314sections:-
1452	1452	1315 Section 72. An electric company, distribution company, generation company,
1453	1453	1316transmission company or any other entity providing or seeking to provide transmission service
1454	1454	1317may petition the energy facilities siting board for authority to construct and use, or to continue to
1455	1455	1318use as constructed or with altered construction, a line for the transmission of electricity for 63 of 109
1456	1456	1319distribution in some definite area or for supplying electricity to itself, another electric company
1457	1457	1320or a municipal lighting plant for distribution and sale or to a railroad, street railway or electric
1458	1458	1321railroad for the purpose of operating it and shall represent that such line will or does serve the
1459	1459	1322public convenience and is consistent with the public interest. The company shall forward at the
1460	1460	1323time of filing such petition a copy thereof to each municipality within such area. The company
1461	1461	1324shall file with such petition a general description of such transmission line and a map or plan
1462	1462	1325showing the municipalities through which the line will or does pass and its general location. The
1463	1463	1326company shall also furnish an estimate showing in reasonable detail the cost of the line and such
1464	1464	1327additional maps and information as the energy facilities siting board requires. The energy
1465	1465	1328facilities siting board, after notice and a public hearing in at least 1 of the municipalities affected,
1466	1466	1329may determine that said line is necessary for the purpose alleged, will serve the public
1467	1467	1330convenience and is consistent with the public interest. If the electric company, distribution
1468	1468	1331company, generation company or transmission company or any other entity providing or seeking
1469	1469	1332to provide transmission service shall file with the energy facilities siting board a map or plan of
1470	1470	1333the transmission line showing the municipalities through which it will or does pass, the public
1471	1471	1334ways, railroads, railways, navigable streams and tide waters in the municipality named in said
1472	1472	1335petition that it will cross and the extent to which it will be located upon private land or upon,
1473	1473	1336under or along public ways and places, the energy facilities siting board, after such notice as it
1474	1474	1337may direct, shall hold a public hearing in at least 1 of the municipalities through which the line
1475	1475	1338passes or is intended to pass. The energy facilities siting board may by order authorize an electric
1476	1476	1339company, distribution company, generation company, transmission company or any other entity
1477	1477	1340to take by eminent domain under chapter 79 such lands or such rights of way or widening thereof
1478	1478	1341or other easements therein necessary for the construction and use or continued use as constructed 64 of 109
1479	1479	1342or with altered construction of such line along the route prescribed in the order of the energy
1480	1480	1343facilities siting board. The energy facilities siting board shall transmit a certified copy of its order
1481	1481	1344to the company and the clerk of each affected municipality. The company may at any time before
1482	1482	1345such hearing modify the whole or a part of the route of said line, either of its own motion or at
1483	1483	1346the insistence of the energy facilities siting board or otherwise and, in such case, shall file with
1484	1484	1347the energy facilities siting board maps, plans and estimates as aforesaid showing such changes. If
1485	1485	1348the energy facilities siting board dismisses the petition at any stage in said proceedings, no
1486	1486	1349further action shall be taken thereon and the company may file a new petition not less than 1 year
1487	1487	1350after the date of such dismissal. When a taking under this section is effected, the company may
1488	1488	1351forthwith, except as hereinafter provided, proceed to erect, maintain and operate thereon said
1489	1489	1352line. If the company does not enter upon and construct such line upon the land so taken within 1
1490	1490	1353year thereafter, its right under such taking shall cease and terminate. No lands or rights of way or
1491	1491	1354other easements therein shall be taken by eminent domain under the provisions of this section in
1492	1492	1355any public way, public place, park or reservation or within the location of any railroad, electric
1493	1493	1356railroad or street railway company except with the consent of such company and on such terms
1494	1494	1357and conditions as it may impose or except as otherwise provided in this chapter and no electricity
1495	1495	1358shall be transmitted over any land, right of way or other easement taken by eminent domain as
1496	1496	1359herein provided until the electric company, distribution company, generation company,
1497	1497	1360transmission company or any other entity shall have acquired from the select board, city council
1498	1498	1361or such other authority having jurisdiction all necessary rights in the public ways or public places
1499	1499	1362in the municipality or municipalities, or in any park or reservation, through which the line will or
1500	1500	1363does pass. No land, rights of way or other easements therein in any public way, public park,
1501	1501	1364reservation or other land subject to Article 97 of the Amendments to the Constitution of the 65 of 109
1502	1502	1365Commonwealth shall be taken by eminent domain under this section except in accordance with
1503	1503	1366said Article 97. No entity shall be authorized under this section or section 69R or section 24 of
1504	1504	1367chapter 164A to take by eminent domain any lands or rights of way or other easements therein
1505	1505	1368held by an electric company or transmission company to support an existing or proposed
1506	1506	1369transmission line without the consent of the electric company or transmission company.
1507	1507	1370 No electric company, distribution company, generation company, transmission company
1508	1508	1371or any other entity providing or seeking to provide transmission services shall be required to
1509	1509	1372petition the energy facilities siting board under this section unless it is seeking authorization to
1510	1510	1373take lands, rights of way or other easements under chapter 79.
1511	1511	1374 Section 72A. The energy facilities siting board may upon petition authorize an electric
1512	1512	1375company to enter upon lands of any person or corporation for the purpose of making a survey
1513	1513	1376preliminary to eminent domain proceedings. The energy facilities siting board shall give notice
1514	1514	1377of the authorization granted, by registered mail, to the landowners involved not less than 5 days
1515	1515	1378prior to any entry by such electric company. The company entering upon any such lands shall be
1516	1516	1379subject to liability for any damages occasioned thereby to be recovered under chapter 79.
1517	1517	1380 SECTION 57. Said chapter 164 is hereby further amended by striking out section 75C
1518	1518	1381and inserting in place thereof the following section:-
1519	1519	1382 Section 75C. A natural gas pipeline company may petition the energy facilities siting
1520	1520	1383board for the right to exercise the power of eminent domain under chapter 79. The natural gas
1521	1521	1384pipeline company shall file with such petition a general description of such pipeline and a map or
1522	1522	1385plan thereof showing the rights of way, easements and other interests in land or other property
1523	1523	1386proposed to be taken for such use, the towns through which such pipeline will pass, the public 66 of 109
1524	1524	1387ways, railroads, railways, navigable streams and tide waters in the town or towns named in the
1525	1525	1388petition that it will cross and the extent to which it will be located upon private land and upon,
1526	1526	1389under or along public ways, lands and places. Upon the filing of such petition, the energy
1527	1527	1390facilities siting board, after such notice as it may direct, shall hold a public hearing in at least 1 of
1528	1528	1391the towns through which the pipeline is intended to pass and may, by order, authorize the
1529	1529	1392company to take by eminent domain under said chapter 79 such lands or such rights of way,
1530	1530	1393easements or other interests in land or other property necessary for the construction, operation,
1531	1531	1394maintenance, alteration and removal of the pipeline, compressor stations, appliances,
1532	1532	1395appurtenances and other equipment along the route described in the order of the energy facilities
1533	1533	1396siting board. The energy facilities siting board shall: (i) provide notice to each municipality
1534	1534	1397through which the pipeline is intended to pass; and (ii) transmit a certified copy of its order to the
1535	1535	1398company and the town clerk of each affected town. The company may, at any time before such a
1536	1536	1399public hearing, modify the whole or a part of the route of said pipeline, either of its own motion
1537	1537	1400or at the insistence of the energy facilities siting board or otherwise, and, in such case, shall file
1538	1538	1401with the energy facilities siting board maps, plans and estimates showing such changes. If the
1539	1539	1402energy facilities siting board dismisses the petition at any stage in the proceedings, no further
1540	1540	1403action shall be taken thereon and the company may file a new petition not sooner than 1 year
1541	1541	1404after the date of such dismissal.
1542	1542	1405 When a taking under this section is effected, the company may forthwith, except as
1543	1543	1406hereinafter provided, proceed to construct, install, maintain and operate thereon said pipeline. If
1544	1544	1407the company does not enter upon and construct such line upon the land so taken within 1 year
1545	1545	1408thereafter, its right under such taking shall cease and terminate. No lands or rights of way or
1546	1546	1409easements therein shall be taken by eminent domain under the provisions of this section in any 67 of 109
1547	1547	1410public way, public place, park or reservation or within the location of any railroad, electric
1548	1548	1411railroad or street railway company, except that such pipeline may be constructed under any
1549	1549	1412public way or any way dedicated to the public use; provided, however, that the rights granted
1550	1550	1413hereunder shall not affect the right or remedy to recover damages for an injury caused to persons
1551	1551	1414or property by the acts of such company; provided further, that such company shall put all such
1552	1552	1415streets, lanes and highways in as good repair as they were when opened by such company and
1553	1553	1416the method of such construction and the plans and specifications therefor have been approved
1554	1554	1417either generally or in any particular instance by the energy facilities siting board or, in the case of
1555	1555	1418state highways, by the department of highways; and provided further, that a natural gas pipeline
1556	1556	1419company may construct such lines under, over or across the location on private land of any
1557	1557	1420railroad, electric railroad or street railway corporation subject to the provisions of section 73.
1558	1558	1421Rights of way, buildings, structures or lands to be used in the construction of such pipelines over
1559	1559	1422or upon the lands referred to therein shall be governed by section 34A of chapter 132.
1560	1560	1423 SECTION 58. Said chapter 164 is hereby further amended by adding the following 3
1561	1561	1424sections:-
1562	1562	1425 Section 149. (a) For the purposes of this section, the following words shall, unless the
1563	1563	1426context clearly requires otherwise, have the following meanings:
1564	1564	1427 “Director”, the director of the division of public participation.
1565	1565	1428 “Division of public participation”, established in section 12T of chapter 25.
1566	1566	1429 “Fund”, the Department of Public Utilities and Energy Facilities Siting Board Intervenor
1567	1567	1430Support Fund established in section 12S of chapter 25. 68 of 109
1568	1568	1431 “Governmental body”, a city, town, district, regional school district, county or agency,
1569	1569	1432board, commission, authority, department or instrumentality of a city, town, district, regional
1570	1570	1433school district or county.
1571	1571	1434 “Grantee”, an organization, entity, governmental body, federally recognized tribe, state-
1572	1572	1435acknowledged tribe or state-recognized tribe that has received a grant award under this section.
1573	1573	1436 “Office of environmental justice and equity”, established in section 29 of chapter 21A.
1574	1574	1437 “Prospective grantee”, an organization, entity, governmental body, federally recognized
1575	1575	1438tribe, state-acknowledged tribe or state-recognized tribe that has applied or plans to apply for a
1576	1576	1439grant under this section.
1577	1577	1440 (b) The department may make available as grants funds deposited into the fund to parties
1578	1578	1441that have been granted intervenor status by the department or the board pursuant to clause (4) of
1579	1579	1442the second sentence of the first paragraph of section 10 of chapter 30A and corresponding
1580	1580	1443department and board regulations, and that are: (i) organizations and entities that advocate on
1581	1581	1444behalf of a relevant subset of residential customers defined geographically or based on specific
1582	1582	1445shared interests; (ii) organizations and entities that advocate on behalf of low-income or
1583	1583	1446moderate-income residential populations, residents of historically marginalized or overburdened
1584	1584	1447and underserved communities; or (iii) governmental bodies, federally recognized tribes, state-
1585	1585	1448acknowledged tribes or state-recognized tribes. Any grants awarded pursuant to this section may
1586	1586	1449be used only in proceedings before the department or the board, and not for any judicial appeal
1587	1587	1450of such agencies’ final decisions.
1588	1588	1451 (c) The director, in consultation with the office of environmental justice and equity, shall
1589	1589	1452establish criteria to determine whether, and to what extent, a prospective grantee shall be eligible 69 of 109
1590	1590	1453to receive a grant award pursuant to this section. Such criteria shall include, but shall not be
1591	1591	1454limited to, whether the prospective grantee: (i) lacks the financial resources, supported by
1592	1592	1455reasonable documentation, that would enable it to intervene and participate in a department or
1593	1593	1456board proceeding absent a grant award pursuant to this section; and (ii) previously intervened in
1594	1594	1457department or board proceedings prior to the establishment of the intervenor support grant
1595	1595	1458program pursuant to this section; provided, however, that a municipality with a population of less
1596	1596	1459than 7,500 that is a prospective grantee for a proceeding pertaining to a facility, large clean
1597	1597	1460energy infrastructure facility or small clean energy infrastructure facility, as those terms are
1598	1598	1461defined in section 69G, within its boundaries shall not be required to meet the criteria pursuant to
1599	1599	1462this paragraph to receive a grant award.
1600	1600	1463 (d) A prospective grantee seeking funding under this section shall submit a grant
1601	1601	1464application as part of its petition to intervene in a form and manner developed by the director
1602	1602	1465demonstrating that the prospective grantee meets the criteria established by the director in
1603	1603	1466accordance with subsection (c). Such grant application shall include: (i) a statement outlining the
1604	1604	1467prospective grantee’s anticipated participation in the department or board proceeding, to the
1605	1605	1468extent it is known at the time of grant application; (ii) a detailed estimate of costs and fees of
1606	1606	1469anticipated attorneys, consultants and experts, including community experts, and all other costs
1607	1607	1470related to the preparation for, and intervention and participation in, the department or board
1608	1608	1471proceeding; and (iii) background information on the attorneys, consultants and experts, including
1609	1609	1472community experts, that the prospective grantee plans to retain if awarded grant funding. The
1610	1610	1473director may, at their discretion, make conditional grant awards to grant applicants that have not
1611	1611	1474yet been granted intervenor status by the department or board; provided, however, that no grant
1612	1612	1475shall be awarded until such intervenor status is granted. 70 of 109
1613	1613	1476 (e) A grant awarded pursuant to this section shall not exceed $150,000 for any single
1614	1614	1477department or board proceeding. The director shall, in the director’s sole discretion, determine
1615	1615	1478the amount of financial support being granted, considering the demonstrated needs of the
1616	1616	1479intervenor and the complexity of the proceeding. The director may, in the director’s sole
1617	1617	1480discretion: (i) upon the petition of a prospective grantee, award a grant exceeding $150,000 only
1618	1618	1481upon a demonstration of good cause, including the complexity of the proceeding in which the
1619	1619	1482grantee is intervening; and (ii) upon the petition of a prospective grantee, provide grant funding
1620	1620	1483in addition to the funding initially requested under section (c) upon a showing that new, novel or
1621	1621	1484complex issues have arisen in the proceeding since the time the grant application was submitted
1622	1622	1485pursuant said subsection (c). The director shall consider the potential for intervenors to share
1623	1623	1486costs through collaborative efforts with other parties to a proceeding as part of determining the
1624	1624	1487amount of funding awarded to any prospective grantee and such intervenors shall be expected to
1625	1625	1488reduce duplicative costs to the extent possible in instances where the position or positions of
1626	1626	1489multiple intervenors align.
1627	1627	1490 (f) The aggregate grant funding for any individual department or board proceeding shall
1628	1628	1491not exceed $500,000; provided, however, that where the aggregate amount of funding being
1629	1629	1492requested exceeds $500,000, funding shall be allocated to prospective grantees based on their
1630	1630	1493relative financial hardship. The director may, at the director’s discretion and upon a
1631	1631	1494determination of good cause, provide funding exceeding $500,000 for any individual department
1632	1632	1495or board proceeding.
1633	1633	1496 (g) Ten per cent of grant funds awarded to a grantee, or a greater percentage as
1634	1634	1497determined by the director at the director’s sole discretion, may be expended on non-legal, non-
1635	1635	1498expert and non-consultant administrative costs directly attributable to the intervention and 71 of 109
1636	1636	1499participation in a proceeding before the department or board. All remaining grant funds may be
1637	1637	1500expended to retain qualified legal counsel, experts and consultants to assist in proceedings before
1638	1638	1501the department or board; provided, however, that such funds may be used to retain qualified
1639	1639	1502community experts, which shall include residential ratepayers and residents with lived
1640	1640	1503experience that can inform such proceedings. Such funding may be expended for administrative,
1641	1641	1504legal, consultant and expert costs associated with an intervention petition submitted pursuant to
1642	1642	1505clause (4) of the first paragraph of section 10 of chapter 30A or section 10A of said chapter 30A
1643	1643	1506and any department or board regulations, if applicable.
1644	1644	1507 (h) All grant payments to grantees shall be made from the fund. Such grant payments
1645	1645	1508shall be made only for reasonable costs incurred and upon submission of a grant payment request
1646	1646	1509by the grantee. Such grant payment requests shall be in a form and manner as prescribed by the
1647	1647	1510director and grant payments shall be made within 30 days of receipt of such grant payment
1648	1648	1511requests by the director to the grantee or to the entity designated by the grantee to receive grant
1649	1649	1512payments. The director, at the director’s discretion or as provided for in regulations promulgated
1650	1650	1513pursuant to this section, may provide grant payments before such costs are incurred by the
1651	1651	1514grantee upon a showing of financial hardship by the grantee.
1652	1652	1515 (i) All decisions pertaining to the issuance of financial support shall be made solely by
1653	1653	1516the director. The director shall have sole discretion to deny funding to a prospective grantee that
1654	1654	1517demonstrates a pattern of repeatedly delaying or obstructing, or attempting to repeatedly delay or
1655	1655	1518obstruct, proceedings or otherwise misuses or has misused funds. The director shall have full
1656	1656	1519discretion as to whether to approve or deny a request for intervenor funding. Applicants shall
1657	1657	1520have no legal right or privilege to funding and shall not be entitled to any further review if denied
1658	1658	1521by the director. 72 of 109
1659	1659	1522 (j) In the department’s annual report required pursuant to section 2 of chapter 25, the
1660	1660	1523director shall include a report describing all activities of the fund, including, but not limited to:
1661	1661	1524(i) amounts credited to the fund, amounts expended from the fund and any unexpended balance;
1662	1662	1525(ii) a summary of the intervenor support grant fund application process; (iii) the number of grant
1663	1663	1526applications received, the number and amount of awards granted, and the number of grant
1664	1664	1527applications rejected; (iv) the number of intervenors who participated in proceedings with and
1665	1665	1528without support from the fund; (v) an itemization of costs incurred by and payments made to
1666	1666	1529grantees; (vi) an evaluation of the impact and contribution of grantees in department and board
1667	1667	1530proceedings; (vii) a summary of education and outreach activities conducted by the division of
1668	1668	1531public participation related to the intervenor support grant program; and (viii) any recommended
1669	1669	1532changes to the program.
1670	1670	1533 (k) The director shall develop: (i) accessible, multi-lingual and easily comprehensible
1671	1671	1534web-based educational materials, including forms and templates, to educate prospective grantees
1672	1672	1535and the public on the intervenor support grant program; and (ii) a robust virtual and in-person
1673	1673	1536outreach program to educate prospective grantees and the public about the intervenor support
1674	1674	1537grant program.
1675	1675	1538 (l) The department, in consultation with the board, shall promulgate regulations to
1676	1676	1539implement this section.
1677	1677	1540 SECTION 59. Chapter 166 of the General Laws is hereby amended by striking out
1678	1678	1541section 28, as appearing in the 2022 Official Edition, and inserting in place thereof the following
1679	1679	1542section:- 73 of 109
1680	1680	1543 Section 28. A company subject to this chapter, except a telegraph or telephone company,
1681	1681	1544desiring to construct a line for the transmission of electricity that will, of necessity, pass through
1682	1682	1545at least 1 city or town to connect the proposed termini of such line, whose petition for the
1683	1683	1546location necessary for such line has been refused or has not been granted within 3 months after
1684	1684	1547the filing thereof by the city council or the select board of the town through which the company
1685	1685	1548intends to construct such line, may apply to the energy facilities siting board for such location.
1686	1686	1549The energy facilities siting board shall hold a public hearing thereon after notice to the city
1687	1687	1550council or select board refusing or neglecting to grant such location and to all persons owning
1688	1688	1551real estate abutting upon any way in the city or town where such location is sought, as such
1689	1689	1552ownership is determined by the last assessment for taxation. The energy facilities siting board
1690	1690	1553shall, if requested by the city council or select board, hold the hearing in the city or town where
1691	1691	1554the location is sought. If it appears at the hearing that the company has already been granted, and
1692	1692	1555has accepted, a location for such line in 2 cities or in 2 towns or in a city and town adjoining the
1693	1693	1556city or town refusing or neglecting to grant a location or if it appears at the hearing that the
1694	1694	1557company has already been granted, and has accepted, locations for such line in a majority of the
1695	1695	1558cities or towns through which such line will pass and if the energy facilities siting board deems
1696	1696	1559the location necessary for public convenience and in the public interest, the board may by order
1697	1697	1560grant a location for such line in the city or town with respect to which the application is made
1698	1698	1561and shall have and exercise the powers and authority conferred by section 22 upon the city
1699	1699	1562council or select board and in addition to the provisions of law governing such company may
1700	1700	1563impose such other terms, limitations and restrictions as it deems the public interest may require.
1701	1701	1564The energy facilities siting board shall cause an attested copy of its order, with the certificate of
1702	1702	1565its clerk endorsed thereon that the order was adopted after due notice and a public hearing, to be 74 of 109
1703	1703	1566forwarded to the city or town clerk, who shall record the same and furnish attested copies
1704	1704	1567thereof. The company in whose favor the order is made shall pay for such record and attested
1705	1705	1568copies the fees provided by clauses 31 and 32, respectively, of section 34 of chapter 262.
1706	1706	1569 SECTION 60. Subsection (b) of section 47XX of chapter 175 of the General laws, as
1707	1707	1570inserted by section 44 of chapter 186 of the acts of 2024, is hereby amended by striking out the
1708	1708	1571word “commission” and inserting in place thereof the following word:- carrier.
1709	1709	1572 SECTION 61. Subsection (b) of section 8YY of chapter 176A of the General Laws, as
1710	1710	1573inserted by section 45 chapter 186 of the acts of 2024, is hereby amended by striking out the
1711	1711	1574word “commission” and inserting in place thereof the following words:- non-profit hospital
1712	1712	1575service corporation.
1713	1713	1576 SECTION 62. Subsection (b) of section 4YY of chapter 176B of the General Laws, as
1714	1714	1577inserted by section 46 chapter 186 of the acts of 2024, is hereby amended by striking out the
1715	1715	1578word “commission” and inserting in place thereof the following words:- medical service
1716	1716	1579corporation.
1717	1717	1580 SECTION 63. Subsection (b) of section 4QQ of chapter 176G of the General Laws, as
1718	1718	1581inserted by section 47 of chapter 186 of the acts of 2024, is hereby amended by striking out the
1719	1719	1582word “commission” and inserting in place thereof the following words:- health maintenance
1720	1720	1583organization.
1721	1721	1584 SECTION 64. Section 3A of chapter 185 of the General Laws, as appearing in the 2022
1722	1722	1585Official Edition, is hereby amended by striking out, in lines 35 to 37, inclusive, the words “either
1723	1723	158625 or more dwelling units or the construction or alteration of 25,000 square feet or more of gross
1724	1724	1587floor area or both” and inserting in place thereof the following words:- at least 1 of the 75 of 109
1725	1725	1588following: (1) not less than 25 dwelling units; (2) the construction or alteration of not less than
1726	1726	158925,000 square feet of gross floor area; (3) the construction or alteration of a Class I renewable
1727	1727	1590energy generating source, as defined in subsection (c) of section 11F of chapter 25A; or (4) the
1728	1728	1591construction or alteration of an energy storage system, as defined in section 1 of chapter 164.
1729	1729	1592 SECTION 65. Said section 3A of said chapter 185, as so appearing, is hereby further
1730	1730	1593amended by striking out the words “at least 1 of the following: (1) not less than 25 dwelling
1731	1731	1594units; (2) the construction or alteration of not less than 25,000 square feet of gross floor area; (3)
1732	1732	1595the construction or alteration of a Class I renewable energy generating source, as defined in
1733	1733	1596subsection (c) of section 11F of chapter 25A; or (4) the construction or alteration of an energy
1734	1734	1597storage system, as defined in section 1 of chapter 164,” inserted by section 64, and inserting in
1735	1735	1598place thereof the following words:- either 25 or more dwelling units or the construction or
1736	1736	1599alteration of 25,000 square feet or more of gross floor area or both.
1737	1737	1600 SECTION 66. The fourth paragraph of section 7 of chapter 268A, as appearing in the
1738	1738	16012022 Official Edition, is hereby amended by striking out, in lines 51and 52, the words “division
1739	1739	1602of health care policy and finance” and inserting in place thereof the following words:- executive
1740	1740	1603office of health and human services.
1741	1741	1604 SECTION 67. The sixth paragraph of said section 7 of said chapter 268A, as so
1742	1742	1605appearing, is hereby further amended by striking out, in line 66, the words “mentally ill or
1743	1743	1606mentally retarded persons” and inserting in place thereof the following words:- persons with
1744	1744	1607mental health conditions or intellectual or developmental disabilities. 76 of 109
1745	1745	1608 SECTION 68. Section 1 of chapter 268B of the General Laws, as appearing in the 2022
1746	1746	1609Official Edition, is hereby amended by inserting after the word “reporting”, in lines 43 and 44,
1747	1747	1610the following word:- person’s.
1748	1748	1611 SECTION 69. Section 2 of said chapter 268B, as so appearing, is hereby amended by
1749	1749	1612striking out, in lines 5, 33, 34 and 38, the word “chairman”, each time it appears, and inserting in
1750	1750	1613place thereof the following word:- chair.
1751	1751	1614 SECTION 70. Section 3 of said chapter 268B, as so appearing, is hereby amended by
1752	1752	1615striking out, in lines 30 and 31, the words “home address of the filer”, and inserting in place
1753	1753	1616thereof following words:- home address, personal email address, personal and home telephone
1754	1754	1617number of the filer, and the name and home address of a family member of the filer.
1755	1755	1618 SECTION 71. Section 6 of chapter 665 of the acts of 1956 is hereby amended by striking
1756	1756	1619out, in line 3, the words:- “department of public utilities” and inserting in place thereof the
1757	1757	1620following words:- "energy facilities siting board"
1758	1758	1621 SECTION 72. The first paragraph of section 83B of chapter 169 of the acts of 2008, as
1759	1759	1622inserted by section 12 of chapter 188 of the acts of 2016, and most recently amended by section
1760	1760	162360 of chapter 179 of the acts of 2022, is hereby further amended by striking out the words and
1761	1761	162483D” and inserting in place thereof the following words:- 83C, 83D, 83E.
1762	1762	1625 SECTION 73. Said first paragraph of said section 83B of said chapter 169, as so
1763	1763	1626amended, is hereby further amended by striking out the definition of “Clean energy generation”
1764	1764	1627and inserting in place thereof the following definition:- 77 of 109
1765	1765	1628 “Clean energy generation”, (i) firm service hydroelectric generation from hydroelectric
1766	1766	1629generation alone; (ii) new Class I RPS eligible resources that are firmed up with energy storage
1767	1767	1630or firm service hydroelectric generation; (iii) new Class I renewable portfolio standard eligible
1768	1768	1631resources; or (iv) nuclear power generation that is located in the ISO-NE control area and
1769	1769	1632commenced commercial operation before January 1, 2011.
1770	1770	1633 SECTION 74. Said first paragraph of said section 83B of said chapter 169, as so
1771	1771	1634amended, is hereby further amended by inserting after the definition of “Distribution company”
1772	1772	1635the following 2 definitions:-
1773	1773	1636 “Energy services”, operation of infrastructure that increases the deliverability or
1774	1774	1637reliability of clean energy generation or reduces the cost of clean energy generation. Such
1775	1775	1638infrastructure shall include, but not be limited to, transmission, energy storage systems, as
1776	1776	1639defined in section 1 of chapter 164 of the General Laws, and demand response technologies.
1777	1777	1640 “Environmental attributes”, all present and future attributes under any and all
1778	1778	1641international, federal, regional, state or other law or market, including, but not limited to, all
1779	1779	1642credits or certificates that are associated, either now or by future action, with clean energy
1780	1780	1643generation, including, but not limited to, those attributes authorized and created by programs
1781	1781	1644developed under subsection (c) section 3 of chapter 21N of the General Laws, and section 11F
1782	1782	1645and section 17 of chapter 25A of the General Laws.
1783	1783	1646 SECTION 75. Said first paragraph of said section 83B of said chapter 169, as so
1784	1784	1647amended, is hereby further amended by striking out the definition of “Long-term contract” and
1785	1785	1648inserting in place thereof the following definition:- 78 of 109
1786	1786	1649 “Long-term contract”, a contract for a period of 15 to 30 years for offshore wind energy
1787	1787	1650generation pursuant to section 83C or for clean energy generation pursuant to sections 83D or
1788	1788	165183E or for energy storage systems pursuant to section 83F; provided, however, that a contract for
1789	1789	1652offshore wind energy generation pursuant to said section 83C may include terms and conditions
1790	1790	1653for renewable energy credits associated with the offshore wind energy generation that exceed the
1791	1791	1654term of generation under the contract.
1792	1792	1655 SECTION 76. Said first paragraph of said section 83B of said chapter 169, as so
1793	1793	1656amended, is hereby further amended by striking out the definition of “Mid-duration energy
1794	1794	1657storage system” and inserting in place thereof the following 2 definitions:-
1795	1795	1658 “Mid-duration energy storage system”, an energy storage system, as defined in section
1796	1796	16591of chapter 164 of the General Laws, that is capable of dispatching energy at its full rated
1797	1797	1660capacity for a period equal to or greater than 4 hours and up to 10 hours.
1798	1798	1661 “Multi-day energy storage,” an energy storage system, as defined in section 1 of chapter
1799	1799	1662164 of the General Laws, that is capable of dispatching electricity at its full rated capacity for
1800	1800	1663greater than 24 hours.
1801	1801	1664 SECTION 77. Said chapter 169, as amended by chapter 188 of the acts of 2016, is hereby
1802	1802	1665further amended by inserting after section 83D the following section:-
1803	1803	1666 Section 83E. (a) In order to provide a cost-effective mechanism for facilitating the
1804	1804	1667financing of beneficial, reliable energy storage systems, as defined in section 1 of chapter 164 of
1805	1805	1668the General Laws, on a long-term basis, taking into account the factors outlined in this section,
1806	1806	1669every distribution company shall, in coordination with the department of energy resources,
1807	1807	1670jointly and competitively solicit proposals for energy storage systems and, provided that 79 of 109
1808	1808	1671reasonable proposals have been received, shall enter into cost-effective long-term contracts for
1809	1809	1672up to 5,000 megawatts of energy storage systems, of which 3,500 megawatts shall be mid-
1810	1810	1673duration energy storage; 750 megawatts shall be long-duration energy storage; and 750
1811	1811	1674megawatts shall be multi-day energy storage; provided, that existing energy storage systems
1812	1812	1675shall be eligible to participate in any procurement issued under this section. Long-term contracts
1813	1813	1676executed pursuant to this section shall be subject to the approval of the department of public
1814	1814	1677utilities and shall be apportioned among the distribution companies pursuant to this section.
1815	1815	1678 (b) The timetable and method for solicitation of long-term contracts shall be proposed by
1816	1816	1679the department of energy resources in coordination with the distribution companies using a
1817	1817	1680competitive bidding process and shall be subject to review and approval by the department of
1818	1818	1681public utilities. The department of energy resources shall consult with the distribution companies
1819	1819	1682and the office of the attorney general regarding the choice of solicitation methods. A solicitation
1820	1820	1683may be coordinated and issued jointly with other New England states or entities designated by
1821	1821	1684those states. The distribution companies, in coordination with the department of energy
1822	1822	1685resources, may conduct 1 or more competitive solicitations through a staggered procurement
1823	1823	1686schedule developed by the department of energy resources; provided, however, that
1824	1824	1687approximately 1,500 megawatts shall be procured not later than July 31, 2025, of which
1825	1825	1688approximately 250 megawatts shall be multi-day storage; approximately 1,000 megawatts not
1826	1826	1689later than July 31, 2026, of which approximately 250 megawatts shall be multi-day storage; and
1827	1827	1690approximately 1,000 megawatts not later than July 31, 2027, of which approximately 250
1828	1828	1691megawatts shall be multi-day storage; provided further, that the schedule shall ensure that the
1829	1829	1692distribution companies enter into cost-effective long-term contracts for energy storage systems 80 of 109
1830	1830	1693up to approximately 5,000 megawatts not later than July 31, 2028. The solicitations must require
1831	1831	1694proposals to include the following certification and disclosure requirements:
1832	1832	1695 (i) documentation reflecting the applicant’s demonstrated commitment to workforce or
1833	1833	1696economic development within the commonwealth;
1834	1834	1697 (ii) a statement of intent concerning efforts that the applicant and its contractors and
1835	1835	1698subcontractors will make to promote workforce or economic development through the project;
1836	1836	1699 (iii) documentation reflecting the applicant’s demonstrated commitment to expand
1837	1837	1700workforce diversity, equity and inclusion in its past projects within the commonwealth;
1838	1838	1701 (iv) documentation as to whether the applicant and its contractors and subcontractors
1839	1839	1702participate in a state or federally certified apprenticeship program and the number of apprentices
1840	1840	1703the apprenticeship program has trained to completion for each of the last 5 years;
1841	1841	1704 (v) a statement of intent concerning how or if the applicant and its contractors and
1842	1842	1705subcontractors intend to utilize apprentices on the project, including whether each of its
1843	1843	1706contractors and subcontractors on the project participates in a state or federally certified
1844	1844	1707apprenticeship program;
1845	1845	1708 (vi) documentation relative to the applicant and its contractors and subcontractors
1846	1846	1709regarding their history of compliance with chapters 149, 151, 151A, 151B and 152, 29 U.S.C.
1847	1847	1710section 201, et seq. and applicable federal anti-discrimination laws;
1848	1848	1711 (vii) documentation that the applicant and its contractors and subcontractors are currently,
1849	1849	1712and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152, 29 U.S.C. section
1850	1850	1713201, et seq. and applicable federal anti-discrimination laws for the duration of the project; 81 of 109
1851	1851	1714 (viii) detailed plans for assuring labor harmony during all phases of the construction,
1852	1852	1715reconstruction, renovation, development, and operation of the project, including documentation
1853	1853	1716of the applicant’s history with picketing, work stoppages, boycotts or other economic actions
1854	1854	1717against the applicant and a description or plan of how the applicant intends to prevent or address
1855	1855	1718such actions;
1856	1856	1719 (ix) documentation relative to whether the applicant and its contractors have been found
1857	1857	1720in violation of State or Federal safety regulations in the previous 10 years.
1858	1858	1721 Proposals received pursuant to a solicitation pursuant to this section shall be subject to
1859	1859	1722review by the department of energy resources and the executive office of economic development
1860	1860	1723in consultation with the independent evaluator. The electric distribution companies shall offer
1861	1861	1724technical advice. If the department of energy resources, in consultation with the independent
1862	1862	1725evaluator, determines that reasonable proposals were not received pursuant to a solicitation, the
1863	1863	1726department may terminate the solicitation and may require additional solicitations to fulfill the
1864	1864	1727requirements of this section.
1865	1865	1728 (c) The department may give preference to proposals for environmental attributes or
1866	1866	1729energy services from energy storage systems that provide additional benefits or value to the
1867	1867	1730electric power grid or communities, including, but not limited to: (i) supporting grid resiliency
1868	1868	1731and transmission needs in specific geographic locations; (ii) providing economic opportunities or
1869	1869	1732public health benefits to environmental justice or disadvantaged communities; or (iii) creating
1870	1870	1733economic opportunities in transitioning fossil fuel communities. The department shall give
1871	1871	1734preference to proposals that demonstrate compliance with the provisions of sections 26 to 27F, 82 of 109
1872	1872	1735inclusive, of chapter 149, and have a history of participation with state or federally certified
1873	1873	1736apprenticeship programs.
1874	1874	1737 (d) In developing proposed long-term contracts, the distribution companies shall consider
1875	1875	1738long-term contracts for energy services, for environmental attributes, and for a combination of
1876	1876	1739both energy services and environmental attributes. A distribution company may decline to pursue
1877	1877	1740a contract if the contract’s terms and conditions would require the contract obligation to place an
1878	1878	1741unreasonable burden on the distribution company’s balance sheet after consultation with the
1879	1879	1742department of energy resources; provided, however, that the distribution company shall take all
1880	1880	1743reasonable actions to structure the contracts, pricing or administration of the products purchased
1881	1881	1744under this section to prevent or mitigate an impact on the balance sheet or income statement of
1882	1882	1745the distribution company or its parent company, subject to the approval of the department of
1883	1883	1746public utilities; and provided further, that mitigation shall not increase costs to ratepayers. If a
1884	1884	1747distribution company deems all contracts to be unreasonable, the distribution company shall
1885	1885	1748consult with the department of energy resources and, not later than 20 days of the date of its
1886	1886	1749decision, submit a filing to the department of public utilities. The filing shall include, in the form
1887	1887	1750and detail prescribed by the department of public utilities, documentation supporting the
1888	1888	1751distribution company’s decision to decline the contract. Following a distribution company’s
1889	1889	1752filing, and not later than 4 months of the date of filing, the department of public utilities shall
1890	1890	1753approve or reject the distribution company’s decision and may order the distribution company to
1891	1891	1754reconsider any contract. The department of public utilities shall take into consideration the
1892	1892	1755department of energy resources’ recommendations on the distribution company’s decision. The
1893	1893	1756department of energy resources may require additional solicitations to fulfill the requirements of
1894	1894	1757this section. 83 of 109
1895	1895	1758 (e) The department of public utilities shall promulgate regulations consistent with this
1896	1896	1759section. The regulations shall: (i) allow developers or owners of energy storage systems to
1897	1897	1760submit proposals for long-term contracts; (ii) require that contracts executed by the distribution
1898	1898	1761companies under such proposals are filed with, and approved by, the department of public
1899	1899	1762utilities before they become effective; (iii) require associated transmission costs to be
1900	1900	1763incorporated into a proposal; provided, however, that to the extent there are regional or project-
1901	1901	1764specific transmission costs included in a bid, the department of public utilities may, if it finds
1902	1902	1765such recovery to be in the public interest, authorize or require the contracting parties to seek
1903	1903	1766recovery of such transmission costs from other states or from benefitted entities or populations in
1904	1904	1767other states through federal transmission rates, consistent with policies and tariffs of the Federal
1905	1905	1768Energy Regulatory Commission; and (iv) require that the energy storage systems used by a
1906	1906	1769developer or owner under the proposal meet the following criteria: (A) are cost effective to
1907	1907	1770electric ratepayers in the commonwealth over the term of the contract taking into consideration
1908	1908	1771costs and benefits to the ratepayers, including economic and environmental benefits and the
1909	1909	1772equitable allocation of costs to, and the equitable sharing of costs with other states and
1910	1910	1773populations within other states that may benefit from energy storage systems procured by the
1911	1911	1774commonwealth; (B) if applicable, adequately demonstrate project viability in a commercially
1912	1912	1775reasonable timeframe; (C) include benefits to environmental justice populations and low-income
1913	1913	1776ratepayers in the commonwealth; and (D) include opportunities for diversity, equity and
1914	1914	1777inclusion, including, at a minimum, a workforce diversity plan and supplier diversity program
1915	1915	1778plan.
1916	1916	1779 (f) A proposed long-term contract shall be subject to the review and approval of the
1917	1917	1780department of public utilities and shall be apportioned among the distribution companies. As part 84 of 109
1918	1918	1781of its approval process, the department of public utilities shall consider recommendations by the
1919	1919	1782attorney general, which shall be submitted to the department not later than 45 days following the
1920	1920	1783filing of a proposed long-term contract with the department. The department of public utilities
1921	1921	1784shall take into consideration the department of energy resources’ recommendations on the costs
1922	1922	1785and benefits to the rate payers the equitable allocation and sharing of costs to and with other
1923	1923	1786states and populations within other states that may benefit from energy storage systems procured
1924	1924	1787by the commonwealth and the requirements of chapter 298 of the acts of 2008 and statewide
1925	1925	1788greenhouse gas emissions limits under chapter 21N of the General Laws. The department of
1926	1926	1789public utilities shall consider the costs and benefits of the proposed long-term contract and shall
1927	1927	1790approve a proposed long-term contract if the department finds that the proposed contract is in the
1928	1928	1791public interest and is a cost-effective mechanism for procuring beneficial, reliable energy storage
1929	1929	1792systems on a long-term basis, taking into account the factors outlined in this section. A
1930	1930	1793distribution company shall be entitled to cost recovery of payments made under a long-term
1931	1931	1794contract approved under this section.
1932	1932	1795 (g) The department of energy resources and the attorney general shall jointly select, and
1933	1933	1796the department of energy resources shall contract with, an independent evaluator to monitor and
1934	1934	1797report on the solicitation and bid selection process in order to assist the department of energy
1935	1935	1798resources in determining whether a proposal received pursuant to subsection (b) is reasonable
1936	1936	1799and to assist the department of public utilities in its consideration of long-term contracts or filed
1937	1937	1800for approval. To ensure an open, fair and transparent solicitation and bid selection process is not
1938	1938	1801unduly influenced by an affiliated company, the independent evaluator shall: (i) issue a report to
1939	1939	1802the department of public utilities analyzing the timetable and method of solicitation and the
1940	1940	1803solicitation process implemented by the distribution companies and the department of energy 85 of 109
1941	1941	1804resources under subsection (b) and include recommendations, if any, for improving the process;
1942	1942	1805and (ii) upon the opening of an investigation by the department of public utilities into a proposed
1943	1943	1806long-term contract for a winning bid proposal, file a report with the department of public utilities
1944	1944	1807summarizing and analyzing the solicitation and the bid selection process and providing its
1945	1945	1808independent assessment of whether all bids were evaluated in a fair and non-discriminatory
1946	1946	1809manner. The independent evaluator shall have access to all information and data related to the
1947	1947	1810competitive solicitation and bid selection process necessary to fulfill the purposes of this
1948	1948	1811subsection but shall ensure all proprietary information remains confidential. The department of
1949	1949	1812public utilities shall consider the findings of the independent evaluator and may adopt
1950	1950	1813recommendations made by the independent evaluator as a condition for approval. If the
1951	1951	1814independent evaluator concludes in the findings that the solicitation and bid selection of a long-
1952	1952	1815term contract was not fair and objective and that the process was substantially prejudiced as a
1953	1953	1816result, the department of public utilities shall reject the contract.
1954	1954	1817 (h) The distribution companies shall each enter into a contract with the winning bidders
1955	1955	1818for their apportioned share of the long term contract costs. The apportioned share shall be
1956	1956	1819calculated and based upon the total energy demand from all distribution customers in each
1957	1957	1820service territory of the distribution companies.
1958	1958	1821 (i) An electric distribution company may elect to use or retain any environmental
1959	1959	1822attributes to meet any applicable annual portfolio standard requirements, including section 11F
1960	1960	1823of chapter 25A of the General Laws, and other clean energy compliance standards as applicable.
1961	1961	1824If the environmental attributes are not so used, such companies shall sell such purchased
1962	1962	1825environmental attributes attributed to any applicable portfolio standard eligible resources to
1963	1963	1826minimize the costs to ratepayers under the contract. The department of energy resources shall 86 of 109
1964	1964	1827conduct periodic reviews to determine the impact on the environmental attributes markets of the
1965	1965	1828disposition of environmental attributes under this section and may issue reports recommending
1966	1966	1829legislative changes if it determines that actions are being taken that will adversely affect the
1967	1967	1830environmental attributes markets.
1968	1968	1831 (j) If a distribution company sells the environmental attributes as described in this
1969	1969	1832section, the distribution company shall net the cost of payments made to projects under the long-
1970	1970	1833term contracts against the net proceeds obtained from the sale of environmental attributes, and
1971	1971	1834the difference shall be credited or charged to all distribution customers through a uniform, fully
1972	1972	1835reconciling annual factor in distribution rates, subject to review and approval of the department
1973	1973	1836of public utilities.
1974	1974	1837 (k) A long-term contract procured under this section for energy storage systems shall
1975	1975	1838utilize an appropriate tracking system to ensure a unit specific accounting of the delivery of
1976	1976	1839environmental attributes, to enable the department of environmental protection, in consultation
1977	1977	1840with the department of energy resources, to accurately measure progress in achieving the
1978	1978	1841commonwealth’s goals under chapter 298 of the acts of 2008 or the statewide greenhouse gas
1979	1979	1842emissions limits under chapter 21N of the General Laws.
1980	1980	1843 (l) The department of energy resources and the department of public utilities may jointly
1981	1981	1844develop requirements for a bond or other security to ensure performance with requirements
1982	1982	1845under this section.
1983	1983	1846 (m) The department of energy resources may promulgate regulations necessary to
1984	1984	1847 implement this section. 87 of 109
1985	1985	1848 (n) If this section is subjected to a legal challenge, the department of public utilities may
1986	1986	1849suspend the applicability of the challenged provision during the pendency of the action until a
1987	1987	1850final resolution, including any appeals, is obtained and shall issue an order and take other actions
1988	1988	1851as are necessary to ensure that the provisions not subject to the challenge are implemented
1989	1989	1852expeditiously to achieve the public purposes of this section.
1990	1990	1853 (o) Nothing in subsections (c) to (g), inclusive, shall apply to a comprehensive permit
1991	1991	1854pursuant to sections 20 to 23, inclusive, of chapter 40B of the General Laws. For the purpose of
1992	1992	1855this section, the procedures and standards for filing and review of an application for a
1993	1993	1856comprehensive permit that includes a small clean energy infrastructure facility shall be in
1994	1994	1857accordance with said sections 20 to 23, inclusive, of said chapter 40B.
1995	1995	1858 (p) A request for proposal or solicitation under this section shall include the following
1996	1996	1859certification and disclosure requirements:-
1997	1997	1860 (i) documentation reflecting the applicant’s demonstrated commitment to workforce or
1998	1998	1861economic development within the commonwealth;
1999	1999	1862 (ii) a statement of intent concerning efforts that the applicant and its contractors and
2000	2000	1863subcontractors will make to promote workforce or economic development through the project;
2001	2001	1864 (iii) documentation reflecting the applicant’s demonstrated commitment to expand
2002	2002	1865workforce diversity, equity and inclusion in its past projects within the commonwealth;
2003	2003	1866 (iv) documentation as to whether the applicant and its contractors and subcontractors
2004	2004	1867participate in a state or federally certified apprenticeship program and the number of apprentices
2005	2005	1868the apprenticeship program has trained to completion for each of the last 5 years; 88 of 109
2006	2006	1869 (v) a statement of intent concerning how or if the applicant and its contractors and
2007	2007	1870subcontractors intend to utilize apprentices on the project, including whether each of its
2008	2008	1871contractors and subcontractors on the project participates in a state or federally certified
2009	2009	1872apprenticeship program;
2010	2010	1873 (vi) documentation relative to the applicant and its contractors and subcontractors
2011	2011	1874regarding their history of compliance with chapters 149, 151, 151A, 151B and 152 of the
2012	2012	1875General Laws, 29 U.S.C. section 201, et seq. and applicable federal anti-discrimination laws;
2013	2013	1876 (vii) documentation that the applicant and its contractors and subcontractors are currently,
2014	2014	1877and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152 of the General
2015	2015	1878Laws, 29 U.S.C. section 201, et seq. and applicable federal anti-discrimination laws for the
2016	2016	1879duration of the project;
2017	2017	1880 (viii) detailed plans for assuring labor harmony during all phases of the construction,
2018	2018	1881reconstruction, renovation, development, and operation of the project, including documentation
2019	2019	1882of the applicant’s history with picketing, work stoppages, boycotts or other economic actions
2020	2020	1883against the applicant and a description or plan of how the applicant intends to prevent or address
2021	2021	1884such actions;
2022	2022	1885 (ix) documentation relative to whether the applicant and its contractors have been found
2023	2023	1886in violation of state or federal safety regulations in the previous 10 years.
2024	2024	1887 (q) The department may require a wage bond or other comparable form of insurance in an
2025	2025	1888amount to be set by the department to ensure compliance with law, certifications or department
2026	2026	1889obligations. 89 of 109
2027	2027	1890 (r) A proposal or solicitation issued by the department shall notify applicants that
2028	2028	1891applicants shall be disqualified from the project if the applicant has been debarred by the federal
2029	2029	1892government or commonwealth for the entire term of the debarment.
2030	2030	1893 (s) An applicant shall, in a timely manner, provide documentation and certifications as
2031	2031	1894required by law or otherwise directed by the department. Incomplete or inaccurate information
2032	2032	1895may be grounds for disqualification, dismissal or other action deemed appropriate by the
2033	2033	1896department.
2034	2034	1897 (t) The department shall give added weight to applicants that demonstrate compliance
2035	2035	1898with the provisions of sections 26 to 27F, inclusive, of chapter 149 of the General Laws, and
2036	2036	1899have a history of participation with state or federally certified apprenticeship programs.
2037	2037	1900 SECTION 78. Chapter 68 of the acts of 2011 is hereby amended by striking out section
2038	2038	1901152.
2039	2039	1902 SECTION 79. Item 2000-7081 of section 2A of chapter 209 of the acts of 2018, as
2040	2040	1903amended by section 12 of chapter 42 of the acts of 2022, is hereby amended by inserting after the
2041	2041	1904words “cities and towns” the following words:- and tribal governments.
2042	2042	1905 SECTION 80. Said item 2000-7081 of said section 2A of said chapter 209 is hereby
2043	2043	1906further amended by inserting after the words “federal agencies” the following words:- tribal
2044	2044	1907governments,.
2045	2045	1908 SECTION 81. Said item 2000-7081 of said section 2A of said chapter 209 is hereby
2046	2046	1909further amended by inserting after the words “used for municipal” the following words:- tribal
2047	2047	1910government,. 90 of 109
2048	2048	1911 SECTION 82. Item 1599-0026 of section 2 of chapter 28 of the acts of 2023 is hereby
2049	2049	1912amended by inserting the following words:- provided further, that not less than $12,673,961 shall
2050	2050	1913be expended to support missed prior year payments to municipalities and local education
2051	2051	1914agencies pursuant to items 1233-2350 and 7061-0008; and provided further, that such funds shall
2052	2052	1915be made available until June 30, 2025.
2053	2053	1916 SECTION 83. Item 3000-1042 of section 2 of chapter 28 of the acts of 2023 is hereby
2054	2054	1917amended by striking out the word “between” and inserting in place thereof the following words:-
2055	2055	1918from this item to.
2056	2056	1919 SECTION 84. Section 50 of chapter 77 of the acts of 2023 is hereby amended by striking
2057	2057	1920the figure “2024” and inserting in place thereof the following figure:- 2025.
2058	2058	1921 SECTION 85. Item 0610-2000 of section 2 of chapter 140 of the acts of 2024 is hereby
2059	2059	1922amended by striking out the figure “$300,000” and inserting in place thereof the following
2060	2060	1923figure:- $1,100,000.
2061	2061	1924 SECTION 86. Said section 2 of said chapter 140 is hereby further amended by inserting
2062	2062	1925after item 1599-4417 the following item:-
2063	2063	19261599-4448 For a reserve to meet the costs of salary adjustments and other economic benefits
2064	2064	1927authorized by the ratified collective bargaining agreements ……….......................$200,000,000.
2065	2065	1928 SECTION 87. Item 7006-0011 of said section 2 of said chapter 140 is hereby amended
2066	2066	1929by inserting after the figure “255F” the second time it appears, the following words:- provided
2067	2067	1930further, that the division may expend from such revenue an amount to be determined by the
2068	2068	1931commissioner of banks as grants for the operation of a program for best lending practices, first- 91 of 109
2069	2069	1932time homeowner counseling for nontraditional loans and 10 or more foreclosure education
2070	2070	1933centers under section 16 of chapter 206 of the acts of 2007 and that the grants shall be awarded
2071	2071	1934through a competitive application process under criteria established by the division.
2072	2072	1935 SECTION 88. Item 4000-0103 of section 2B of said chapter 140 is hereby amended by
2073	2073	1936striking out the figure "$31,489,176" and inserting in place thereof the following figure:-
2074	2074	1937$45,489,176.
2075	2075	1938 SECTION 89. Said Item 1595-1068 of said section 2E of said chapter 140 is hereby
2076	2076	1939further amended by striking out the figure “$433,000,000 ” and inserting in place thereof the
2077	2077	1940following figure:- $444,250,000.
2078	2078	1941 SECTION 90. Said item 1595-1068 of section 2E of chapter 140 of the acts of 2024 is
2079	2079	1942hereby amended by striking out the figure “$682,202,000” and inserting in place thereof the
2080	2080	1943following figure:- $837,827,000.
2081	2081	1944 SECTION 91. Section 57 of said chapter 140 is hereby amended by striking out the first
2082	2082	1945sentence of proposed subsection (f) of section 2BBBBBB of chapter 29 of the General Laws and
2083	2083	1946inserting in place thereof the following sentence:- Annual expenditures from the fund shall not
2084	2084	1947exceed that year's spending threshold, less the dedicated transportation income surtax revenue
2085	2085	1948amount. Each year's spending threshold shall be equal to the prior year spending threshold plus
2086	2086	1949an adjustment factor equal to the 10-year rolling rate of growth of income subject to the tax
2087	2087	1950specified in subsection (d) of section 4 of chapter 62 as certified by the commissioner of revenue.
2088	2088	1951 SECTION 92. Said chapter 140 of the acts of 2024 is hereby amended by striking out
2089	2089	1952section 250 and inserting in place thereof the following 2 sections: 92 of 109
2090	2090	1953 Section 250. Sections 80 to 99, inclusive, shall take effect on July 1, 2025.
2091	2091	1954 Section 250A. Section 88 shall only apply to land purchased or taken under a tax title on
2092	2092	1955or after July 1, 2025.
2093	2093	1956 SECTION 93. Section 136 of chapter 150 of the acts of 2024 is hereby amended by
2094	2094	1957striking out the words “and section 101 of chapter 143 of the General Laws”
2095	2095	1958 SECTION 94. Chapter 150 of the acts of 2024 is hereby amended by adding the
2096	2096	1959following section:-
2097	2097	1960 Section 144A. The executive office of housing and livable communities shall promulgate
2098	2098	1961guidance or regulations pursuant to section 101 of chapter 143 of the General Laws not later than
2099	2099	1962June 15, 2025.
2100	2100	1963 SECTION 95. Notwithstanding any general or special law to the contrary, employees of
2101	2101	1964the Berkshire County Regional Emergency Communications Center, employed by the Berkshire
2102	2102	1965county sheriff, are hereby transferred to the state 911 department. The transfer, including any
2103	2103	1966change in an employee’s title or duties resulting from the transfer, shall not: (i) interrupt an
2104	2104	1967employee’s service; (ii) impair an employee’s seniority, retirement or other statutory rights; (iii)
2105	2105	1968result in an employee’s loss of accrued rights to holidays, sick leave or vacation; or (iv) reduce
2106	2106	1969an employee’s compensation or salary grade. Such employees shall not be considered new
2107	2107	1970employees for salary, wage, tax, health insurance, Medicare or any other federal or state
2108	2108	1971purposes. Upon transfer, the secretary of administration and finance shall become the employer
2109	2109	1972within the meaning of chapter 150E of the General Laws, and the transferred employees shall
2110	2110	1973become members of statewide collective bargaining unit 2, as certified by the department of
2111	2111	1974labor relations. Nothing in this section shall continue any obligation under any expired collective 93 of 109
2112	2112	1975bargaining agreement or any agreement made pursuant to an expired collective bargaining
2113	2113	1976agreement and any such agreement shall expire pursuant to its terms. Nothing in this section
2114	2114	1977shall be construed to confer upon any transferred employee any right not held immediately
2115	2115	1978before the date of transfer to the state 911 department or to prohibit any reduction of salary
2116	2116	1979grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited
2117	2117	1980before such date.
2118	2118	1981 SECTION 96. Notwithstanding any general or special law to the contrary, an increase in
2119	2119	1982the annual rate of regular compensation that results from an increase in hours of employment,
2120	2120	1983from overtime wages, from a bona fide change in position, from a modification in the salary or
2121	2121	1984salary schedule negotiated for bargaining unit members under chapter 760 of the acts of 1962
2122	2122	1985which occurred between March 1, 2020 and July 1, 2024 shall not apply to the provisions of
2123	2123	1986paragraph (f) of subdivision (2) of section 5 of chapter 32 of the General Laws.
2124	2124	1987 SECTION 97. Notwithstanding any general or special law to the contrary, the department
2125	2125	1988of energy resources may coordinate with one or more New England states to consider
2126	2126	1989competitive solicitations for long-term clean energy generation, associated environmental
2127	2127	1990attributes, transmission or capacity for the benefit of residents of the commonwealth and the
2128	2128	1991region. If the department of energy resources, determines, not later than December 31, 2027, that
2129	2129	1992a project would satisfy all of the benefits listed below, the electric distribution companies shall
2130	2130	1993enter into cost-effective long-term contracts. In its determination, the department of energy
2131	2131	1994resources shall determine if any proposals (i) provide cost-effective clean energy generation to
2132	2132	1995electric ratepayers in the commonwealth and the region over the term of the contract; (ii) provide
2133	2133	1996the benefits of clean energy and associated transmission towards meeting the commonwealth’s
2134	2134	1997decarbonization goals; (iii) where possible, avoid, minimize, or mitigate, to the maximum extent 94 of 109
2135	2135	1998practicable, environmental impacts, and impacts to low-income populations; (iv) or reduce
2136	2136	1999ratepayer costs in winter months and improve energy security during winter months. For
2137	2137	2000purposes of this section, a long-term contract shall be a contract with a term of 10 to 20 years.
2138	2138	2001Eligible clean energy generation must contribute towards achieving compliance with limits and
2139	2139	2002sublimits established pursuant to sections 3 and 3A of chapter 21N of the General Laws.
2140	2140	2003Associated transmission costs must be incorporated into a proposal. All proposed contracts shall
2141	2141	2004be subject to the review and approval of the department of public utilities. The department of
2142	2142	2005public utilities shall consider both potential costs and benefits of such contracts and shall only
2143	2143	2006approve a contract upon a finding that it is cost-effective, taking into account the factors outlined
2144	2144	2007in this section.
2145	2145	2008 SECTION 98. (a) Notwithstanding any general or special law to the contrary, the
2146	2146	2009department of energy resources shall conduct a review to determine the effectiveness of the
2147	2147	2010commonwealth’s existing solicitations and procurements required by sections 83 to 83E of
2148	2148	2011chapter 169 of the acts of 2008, and shall make recommendations regarding the future
2149	2149	2012procurement of clean energy resources for the purposes of ensuring compliance with statewide
2150	2150	2013greenhouse gas emissions limits and sublimits under chapter 21N of the General Laws.
2151	2151	2014 (b) The department’s recommendations shall include a review of: (i) prior clean energy
2152	2152	2015solicitations; (ii) best practices and models utilized by other states to procure clean energy; (iii)
2153	2153	2016authorizing surplus interconnection service as an available transmission option in future
2154	2154	2017solicitations and procurements required by section 83C of chapter 169 of the acts of 2008; and
2155	2155	2018(iv) strategies to minimize total carbon emissions generated by vessels during both the
2156	2156	2019construction phase and the operation and maintenance phase of a project and any legislative
2157	2157	2020recommendations needed to amend or replace existing statutory authority. The department shall 95 of 109
2158	2158	2021consult with the clean energy industry, the office of the attorney general, the Massachusetts clean
2159	2159	2022energy technology center, environmental justice organizations, labor organizations representing
2160	2160	2023workers in the offshore wind industry and other impacted stakeholders as part of this review
2161	2161	2024process. Such review and recommendations shall be submitted to the joint committee on
2162	2162	2025telecommunications, utilities and energy not later than July 1, 2025.
2163	2163	2026 SECTION 99. (a) Notwithstanding any general or special law to the contrary, an energy
2164	2164	2027storage system, as defined in section 1 of chapter 164 of the General Laws, that is not less than
2165	2165	2028100 megawatt hours and has received a compre66hensive exemption from local zoning by-laws
2166	2166	2029from the department of public utilities pursuant to section 3 of chapter 40A of the General Laws,
2167	2167	2030may petition the energy facilities siting board to obtain a certificate of environmental impact and
2168	2168	2031public interest if the petition is filed prior to the date when regulations are promulgated pursuant
2169	2169	2032to section 52.
2170	2170	2033 (b) The energy facilities siting board shall consider a petition pursuant to subsection (a) if
2171	2171	2034the applicant is prevented from building the energy storage system because: (i) the applicant is
2172	2172	2035unable to meet standards imposed by a state or local agency with reasonable and commercially
2173	2173	2036available equipment; (ii) the processing or granting by a state or local agency of any approval,
2174	2174	2037consent, permit or certificate has been unduly delayed for any reason; (iii) the applicant believes
2175	2175	2038there are inconsistencies among resource use permits issued by such state or local agencies; (iv)
2176	2176	2039the applicant believes that a nonregulatory issue or condition has been raised or imposed by such
2177	2177	2040state or local agencies, including, but not limited to, aesthetics and recreation; (v) the generating
2178	2178	2041facility cannot be constructed due to any disapprovals, conditions or denials by a state or local
2179	2179	2042agency or body, except with respect to any lands or interests therein, excluding public ways,
2180	2180	2043owned or managed by any state agency or local government; or (vi) the facility cannot be 96 of 109
2181	2181	2044constructed because of delays caused by the appeal of any approval, consent, permit or
2182	2182	2045certificate.
2183	2183	2046 (c) The energy facilities siting board shall, upon petition, consider an application for a
2184	2184	2047certificate of environmental impact and public interest if it finds that any state or local agency
2185	2185	2048has imposed a burdensome condition or limitation on any license or permit. An energy storage
2186	2186	2049system, with respect to which a certificate is issued by the energy facilities siting board, shall
2187	2187	2050thereafter be constructed, maintained and operated in conformity with such certificate and any
2188	2188	2051terms and conditions contained therein.
2189	2189	2052 (d) Notwithstanding any general or special law to the contrary, such certificate may be so
2190	2190	2053issued; provided, however, that when so issued no state agency or local government shall require
2191	2191	2054any approval, consent, permit, certificate or condition for the construction, operation or
2192	2192	2055maintenance of the energy storage system with respect to which the certificate is issued and no
2193	2193	2056state agency or local government shall impose or enforce any law, ordinance, by-law, rule or
2194	2194	2057regulation nor take any action nor fail to take any action that would delay or prevent the
2195	2195	2058construction, operation or maintenance of such energy storage system except as required by
2196	2196	2059federal law; and provided further, that the energy facilities siting board shall not issue a
2197	2197	2060certificate, the effect of which would be to grant or modify a permit, approval or authorization,
2198	2198	2061which, if so granted or modified by the appropriate state or local agency, would be invalid
2199	2199	2062because of a conflict with applicable federal water or air standards or requirements. A certificate,
2200	2200	2063if issued, shall be in the form of a composite of all individual permits, approvals or
2201	2201	2064authorizations that would otherwise be necessary for the construction and operation of the energy
2202	2202	2065storage system and that portion of the certificate that relates to subject matters within the 97 of 109
2203	2203	2066jurisdiction of a state or local agency shall be enforced by said agency under the other applicable
2204	2204	2067laws of the commonwealth as if it had been directly granted by the said agency.
2205	2205	2068 (e) Energy storage systems that have not petitioned the department of public utilities for a
2206	2206	2069comprehensive exemption from local zoning by-laws pursuant to section 3 of chapter 40A of the
2207	2207	2070General Laws prior to March 1, 2026 shall not be eligible to petition the energy facilities siting
2208	2208	2071board to obtain a certificate of environmental impact and public interest under this section.
2209	2209	2072 SECTION 100. (a) For purposes of this section, the following words shall, unless the
2210	2210	2073context clearly requires otherwise, have the following meanings:
2211	2211	2074 “Approval”, except as otherwise provided in subsection (b), any permit, certificate, order,
2212	2212	2075excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
2213	2213	2076building permit or other approval or determination of rights from any municipal, regional or state
2214	2214	2077governmental entity, including any agency, department, commission or other instrumentality of
2215	2215	2078the municipal, regional or state governmental entity, concerning the use or development of real
2216	2216	2079property, including certificates, licenses, certifications, determinations, exemptions, variances,
2217	2217	2080waivers, building permits or other approvals or determination of rights issued or made under
2218	2218	2081chapter 21 of the General Laws or chapter 21A of the General Laws; provided, however
2219	2219	2082“approval” shall not mean any permit, certificate, order, excluding enforcement orders, license,
2220	2220	2083certification, determination, exemption, variance, waiver, building permit or other approval or
2221	2221	2084determination of rights issued or made under section 16 of chapter 21D of the General Laws,
2222	2222	2085sections 61 to 62H, inclusive, of chapter 30 of the General Laws, chapters 30A, 40 and 40A to
2223	2223	208640C, inclusive, of the General Laws, chapters 40R, 41 and 43D of the General Laws, section 21
2224	2224	2087of chapter 81 of the General Laws, chapters 91, 131, 131A and 143 of the General Laws, 98 of 109
2225	2225	2088sections 4 and 5 of chapter 249 of the General Laws or chapter 258 of the General Laws or
2226	2226	2089chapter 665 of the acts of 1956 or any local by-law or ordinance.
2227	2227	2090 “Clean energy infrastructure project”, a project involving the construction,
2228	2228	2091reconstruction, conversion, relocation or enlargement of any renewable energy generating
2229	2229	2092source, as defined in subsection (c) of section 11F of chapter 25A of the General Laws, any
2230	2230	2093energy storage system, as defined in section 1 of chapter 164 of the General Laws, any
2231	2231	2094transmission facility or distribution facility, as defined in said section 1 of said chapter 164, or
2232	2232	2095related infrastructure, including substations and any other project that may be so designated as a
2233	2233	2096clean energy infrastructure project by the department of energy resources.
2234	2234	2097 (b)(1) Notwithstanding any general or special law to the contrary, any approval granted
2235	2235	2098for a clean energy generation or storage project that was in effect at any point between October
2236	2236	209922, 2020 to August 1, 2024, inclusive, shall be extended to August 1, 2029.
2237	2237	2100 (2) A clean energy infrastructure project shall be governed by the applicable provisions
2238	2238	2101of any state, regional or local statute, regulation, ordinance or by-law, if any, in effect at the time
2239	2239	2102of the initial approval granted for such project, unless the owner or petitioner of such project
2240	2240	2103elects to waive this section.
2241	2241	2104 (3) Nothing in this section shall extend or purport to extend: (i) a permit or approval
2242	2242	2105issued by the government of the United States or an agency or instrumentality of the government
2243	2243	2106of the United States or to a permit or approval of which the duration of effect or the date or terms
2244	2244	2107of its expiration are specified or determined by or under law or regulation of the federal
2245	2245	2108government or any of its agencies or instrumentalities; or (ii) a permit, license, privilege or 99 of 109
2246	2246	2109approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws
2247	2247	2110for hunting, fishing or aquaculture.
2248	2248	2111 (4) If an owner or petitioner sells or otherwise transfers a property or project to receive
2249	2249	2112approval for an extension, the new owner or petitioner shall agree to assume all commitments
2250	2250	2113made by the original owner or petitioner under the terms of the approval, otherwise the approval
2251	2251	2114shall not be extended under this section.
2252	2252	2115 SECTION 101. Notwithstanding any general or special law to the contrary, prior to
2253	2253	2116transferring the consolidated net surplus in the budgetary funds for fiscal year 2024 to the
2254	2254	2117Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the
2255	2255	2118comptroller shall transfer $11,000,000 from the General Fund to the Disaster Relief and
2256	2256	2119Resiliency Fund established in section 2HHHHHH of said chapter 29.
2257	2257	2120 SECTION 102. Notwithstanding any general or special law to the contrary, in fiscal year
2258	2258	21212024, the comptroller shall make $225,000,000 available from the Education and Transportation
2259	2259	2122Fund established in subsection (b) of section 2BBBBBB of chapter 29 of the General Laws to
2260	2260	2123satisfy the funding requirements for items 3000-1041, 3000-1042, 3000-1045 and 7053-1925 in
2261	2261	2124section 2 of chapter 28 of the acts of 2023 and 1595-6368 in section 2E of said chapter 28. The
2262	2262	2125secretary of administration and finance shall determine the amounts designated from the
2263	2263	2126Education and Transportation Fund for each of these items. as well as the corresponding
2264	2264	2127adjustments to the amounts from each fund originally made available to support these items in
2265	2265	2128said chapter 28.
2266	2266	2129 SECTION 103. Notwithstanding any general or special law to the contrary, in fiscal year
2267	2267	21302024, the comptroller shall transfer $150,000,000 from income surtax revenue as defined by 100 of 109
2268	2268	2131subsection (a) of section 2BBBBBB of chapter 29 of the General Laws to the High-Quality Early
2269	2269	2132Education & Care Affordability Fund established in section 2YYYYY of said chapter 29.
2270	2270	2133 SECTION 104. Notwithstanding subsection (c) of section 2BBBBBB of chapter 29 of the
2271	2271	2134General Laws, in fiscal year 2024, the comptroller shall transfer $250,000,000 from the
2272	2272	2135Education and Transportation Fund established in subsection (b) of section 2BBBBBB of chapter
2273	2273	213629 of the General Laws to the Education and Transportation Reserve Fund established in section
2274	2274	21372CCCCCC of said chapter 29.
2275	2275	2138 SECTION 105. Notwithstanding any general or special law to the contrary, the
2276	2276	2139comptroller shall transfer the fiscal year 2024 consolidated net surplus, pursuant to section 5C of
2277	2277	2140chapter 29 of the General Laws, to the Transitional Escrow Fund established in section 16 of
2278	2278	2141chapter 76 of the acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022.
2279	2279	2142 SECTION 106. Notwithstanding any general or special law to the contrary, tax revenue
2280	2280	2143collected from capital gains income above the threshold established in section 5G of chapter 29
2281	2281	2144of the General Laws shall be transferred as follows for fiscal year 2024: (i) 45 per cent shall be
2282	2282	2145transferred to the Commonwealth Stabilization Fund established in section 2H; (ii) 45 per cent
2283	2283	2146shall be transferred to the Transitional Escrow Fund established in section 16 of chapter 76 of the
2284	2284	2147acts of 2021, as amended by section 4 of chapter 98 of the acts of 2022; (iii) 5 per cent shall be
2285	2285	2148transferred to the State Retiree Benefits Trust Fund established in section 24 of chapter 32A; and
2286	2286	2149(iv) 5 per cent shall be transferred to the Commonwealth's Pension Liability Fund established in
2287	2287	2150subsection (e) of subdivision 8 of section 22 of chapter 32.
2288	2288	2151 SECTION 107. Notwithstanding any general or special law to the contrary, for the fiscal
2289	2289	2152years ending June 30, 2024 and June 30, 2025, the secretary of administration and finance may 101 of 109
2290	2290	2153allocate any unexpended federal funds held in the federal COVID-19 response fund established
2291	2291	2154in section 2JJJJJ of Chapter 29 of the General Laws for items funded from the General Fund and
2292	2292	2155reduce the allocation from the General Fund appropriated for the purposes of said items in a
2293	2293	2156corresponding amount. Items appropriated in chapter 102 of the acts of 2021 and chapter 268 of
2294	2294	2157the acts of 2022 may be funded from the General Fund at the direction of the secretary. If
2295	2295	2158applicable, federal funds allocated from this section shall be treated as General Fund revenues by
2296	2296	2159municipalities and regional school districts and can be expended in compliance with net school
2297	2297	2160spending requirements as defined by section 2 of chapter 70 of the General Laws.
2298	2298	2161 SECTION 108. The department of public utilities shall commission a management study
2299	2299	2162to assess: (i) the likely workload of the energy facilities siting board based on the new
2300	2300	2163requirements of this act and the commonwealth’s clean energy and climate plans; (ii) the
2301	2301	2164workforce qualifications needed to implement this act; (iii) the cost associated with the hiring
2302	2302	2165and retention of qualified professionals and consultants to successfully complete that work
2303	2303	2166required pursuant to this act; and (iv) the design, population and maintenance of a real-time,
2304	2304	2167online clean energy infrastructure dashboard, as required to be maintained by the facility siting
2305	2305	2168division pursuant to section 12N of chapter 25 of the General Laws. The funding and staffing
2306	2306	2169resource requirements identified in the management study shall be reported to the joint
2307	2307	2170committee on ways and means, the joint committee on telecommunications, utilities and energy,
2308	2308	2171the secretary of energy and environmental affairs and the secretary of administration and finance
2309	2309	2172not later than July 1, 2025. The secretary of energy and environmental affairs and the secretary
2310	2310	2173of administration and finance shall not later than 60 days of their receipt of the study provide
2311	2311	2174recommendations to the chairs of the house and senate committees on ways and means and the 102 of 109
2312	2312	2175joint committee on telecommunications, utilities and energy on options to implement any
2313	2313	2176proposed recommendations of the study.
2314	2314	2177 SECTION 109. The salary adjustments and other economic benefits authorized by the
2315	2315	2178following collective bargaining agreements shall be effective for the purposes of section 7 of
2316	2316	2179chapter 150E of the General Laws:
2317	2317	2180 (1) the agreement between the Commonwealth of Massachusetts and the Massachusetts
2318	2318	2181Correction Officers Federated Union, Unit 04, effective from July 1, 2024 through June 30,
2319	2319	21822025;
2320	2320	2183 (2) the agreement between the Commonwealth of Massachusetts and the Massachusetts
2321	2321	2184Nurses Association, Unit 07, effective from January 1, 2024 through December 31, 2024;
2322	2322	2185 (3) the agreement between the Commonwealth of Massachusetts Department of the
2323	2323	2186Treasurer and the Coalition of Public Safety Alcoholic Beverage Control Commission
2324	2324	2187Investigators Association, Unit 5, effective from July 1, 2024 through June 30, 2025;
2325	2325	2188 (4) the agreement between the Massachusetts Board of Higher Education and the
2326	2326	2189Massachusetts Community College Council, Unit MCC, effective from July 1, 2023 through
2327	2327	2190June 30, 2025;
2328	2328	2191 (5) the agreement between the Sheriff of Bristol County and the National Correctional
2329	2329	2192Employees’ Union, Local 135 (Ad - Tech Unit), Unit SA1, effective from July 1, 2023 through
2330	2330	2193June 30, 2024; 103 of 109
2331	2331	2194 (6) the agreement between the Sheriff of Bristol County and the Massachusetts
2332	2332	2195Correction Officers Federated Union, Unit SA4, effective from July 1, 2023 through June 30,
2333	2333	21962024;
2334	2334	2197 (7) the agreement between the Sheriff of Bristol County and the National Correctional
2335	2335	2198Employees’ Union, Local 103 (K-9 Unit), Unit SA7, effective from July 1, 2023 through June
2336	2336	219930, 2024;
2337	2337	2200 (8) the agreement between the Sheriff of Essex County and the International Brotherhood
2338	2338	2201of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
2339	2339	2202R1-71, Unit SE9, effective from July 1, 2023 through June 30, 2024;
2340	2340	2203 (9) the agreement between the Sheriff of Middlesex County and the National Correctional
2341	2341	2204Employees Union, Local 116, Unit SM6, effective from July 1, 2023 through June 30, 2024;
2342	2342	2205 (10) the agreement between the Sheriff of Essex County and the Essex County
2343	2343	2206Correctional Officer Association, Unit SE2, effective from July 1, 2024 through June 30, 2025;
2344	2344	2207 (11) the agreement between the Sheriff of Middlesex County and the New England
2345	2345	2208Benevolent Association, Local 525, Unit SM5, effective from July 1, 2024 through June 30,
2346	2346	22092025;
2347	2347	2210 (12) the agreement between the Sheriff of Dukes County and the Massachusetts
2348	2348	2211Correction Officers Federated Union, Unit SD1, effective from July 1, 2024 through June 30,
2349	2349	22122025. 104 of 109
2350	2350	2213 SECTION 110. The salary adjustments and other economic benefits authorized by
2351	2351	2214the following collective bargaining agreements shall be effective for the purposes of section 7 of
2352	2352	2215chapter 150E of the General Laws:
2353	2353	2216 (1) the agreement between the Commonwealth of Massachusetts and the National
2354	2354	2217Association of Government Employees (NAGE), Units 1,3, and 6, effective from July 1, 2024
2355	2355	2218through June 30, 2027;
2356	2356	2219 (2) the agreement between the Commonwealth of Massachusetts and the Alliance,
2357	2357	2220AFSCME-SEIU-Local 888, Unit 2, effective from July 1, 2024 through June 30, 2027;
2358	2358	2221 (3) the agreement between the Sheriff of Essex County and the National Correctional
2359	2359	2222Employees Union Local 121, Unit SE7, effective from July 1, 2024 through June 30, 2027;
2360	2360	2223 (4) the agreement between the Sheriff of Essex County and the International Brotherhood
2361	2361	2224of Correctional Officers/National Association of Government Employees (IBCO/NAGE), Local
2362	2362	2225R1-71, Unit SE9, effective from July 1, 2024 through June 30, 2027;
2363	2363	2226 (5) the agreement between the Massachusetts State Lottery Commission and the Service
2364	2364	2227Employees International Union, Local 888, Unit LT1, effective from July 1, 2024 through June
2365	2365	222830, 2027;
2366	2366	2229 (6) the agreement between the Commonwealth of Massachusetts and the Massachusetts
2367	2367	2230Organization of State Engineers and Scientists, Unit 9, effective from July 1, 2024 through June
2368	2368	223130, 2027;
2369	2369	2232 (7) the agreement between the Court Administrator of the Trial Court of the
2370	2370	2233Commonwealth of Massachusetts and the National Association of Government Employees 105 of 109
2371	2371	2234International Union, Local 5000, Units J2C and J2P, effective from July 1, 2024 through June
2372	2372	223530, 2027;
2373	2373	2236 (8) the agreement between the Commonwealth of Massachusetts and the Service
2374	2374	2237Employees International Union (SEIU) Local 509, Units 8 and 10, effective from January 1,
2375	2375	22382024 through December 31, 2026;
2376	2376	2239 (9) the agreement between the Massachusetts Department of Transportation and the
2377	2377	2240National Association of Government Employees, Local R1-292, Unit A, Unit D01, effective
2378	2378	2241from July 1, 2024 through June 30, 2027;
2379	2379	2242 (10) the agreement between the Massachusetts Department of Transportation and the
2380	2380	2243Coalition of MassDOT Unions, Unit D, Unit D06, effective from July 1, 2024 through June 30,
2381	2381	22442027;
2382	2382	2245 (11) the agreement between the Sheriff of Bristol County and the National Correctional
2383	2383	2246Employees Union, Local 407, Unit SA3, effective from July 1, 2024 through June 30, 2027;
2384	2384	2247 (12) the agreement between the Sheriff of Bristol County and the National Correctional
2385	2385	2248Employees Union, Local 135, Unit SA1, effective from July 1, 2024 through June 30, 2027;
2386	2386	2249 (13) the agreement between the Sheriff of Bristol County and the National Association of
2387	2387	2250Government Employees, Unit C, RI-1478, Unit SA2, effective from July 1, 2024 through June
2388	2388	225130, 2027;
2389	2389	2252 (14) the agreement between the Sheriff of Worcester County and the New England Police
2390	2390	2253Benevolent Association, Local 515, Unit SW5, effective from July 1, 2024 through June 30,
2391	2391	22542027; 106 of 109
2392	2392	2255 (15) the agreement between the Sheriff of Franklin County and the National Correctional
2393	2393	2256Employees Union, Local 106, Unit SF1, effective from July 1, 2024 through June 30, 2027;
2394	2394	2257 (16) the agreement between the Sheriff of Franklin County and the National Correctional
2395	2395	2258Employees Union, Local 141, Unit SF2, effective from July 1, 2024 through June 30, 2027;
2396	2396	2259 (17) the agreement between the Sheriff of Franklin County and the Franklin Sheriff’s
2397	2397	2260Office Non-Unit Employer’s Association, Unit SF3, effective from July 1, 2024 through June 30,
2398	2398	22612027;
2399	2399	2262 (18) the agreement between the Sheriff of Worcester County and NAGE, R1-255
2400	2400	2263(Professional Employees Unit), Unit SW4, effective from July 1, 2024 through June 30, 2027;
2401	2401	2264 (19) the agreement between the Sheriff of Worcester County and NEPBA, Local 275
2402	2402	2265(Superior Officers Unit), Unit SW2, effective from July 1, 2024 through June 30, 2027;
2403	2403	2266 (20) the agreement between the Sheriff of Suffolk County and the National Association
2404	2404	2267of Government Employees, Local 298, Unit SS2, effective from July 1, 2024 through June 30,
2405	2405	22682027;
2406	2406	2269 (21) the agreement between the Massachusetts Board of Higher Education and the
2407	2407	2270American Federation of State and County and Municipal Employees, Council 93, Local 1067,
2408	2408	2271AFL-CIO, Unit 106, effective from July 1, 2024 through June 30, 2027;
2409	2409	2272 (22) the agreement between the Sheriff of Suffolk County and AFSCME, Council 93,
2410	2410	2273Local 3643, Unit SS5, effective from July 1, 2024 through June 30, 2027;
2411	2411	2274 (23) the agreement between the Sheriff of Suffolk County and AFSCME, Council 93,
2412	2412	2275Local 3967, Unit SS6, effective from July 1, 2024 through June 30, 2027; 107 of 109
2413	2413	2276 (24) the agreement between the Sheriff of Suffolk County and AFSCME, Council 93,
2414	2414	2277Local 419, Unit SS0, effective from July 1, 2024 through June 30, 2027;
2415	2415	2278 (25) the agreement between the Sheriff of Suffolk Couty and the Jail Officers and
2416	2416	2279Employees Association, Unit SS4, effective from July 1, 2024 through June 30, 2027;
2417	2417	2280 (26) the agreement between the Court Administrator of the Trial Court of the
2418	2418	2281Commonwealth of Massachusetts and Office and Professional Employees International Union,
2419	2419	2282Local 6, AFL-CIO, Units J6C and J6P, effective from July 1, 2024 through June 30, 2027.
2420	2420	2283 SECTION 111. The office of environmental justice and equity established pursuant to
2421	2421	2284section 29 of chapter 21A of the General Laws, established in section 3, shall establish standards
2422	2422	2285and guidelines for community benefit plans and agreements as required by said section 29 of said
2423	2423	2286chapter 21A not later than July 1, 2026 and shall establish the cumulative impacts analysis
2424	2424	2287guidance pursuant to said section 29 of said chapter 21A before the energy facilities siting board
2425	2425	2288regulations pursuant to section 115 are promulgated.
2426	2426	2289 SECTION 112. The executive office of energy and environmental affairs shall coordinate
2427	2427	2290and convene a stakeholder process with the agencies and offices under its jurisdiction and any
2428	2428	2291other relevant local, regional and state agencies with a permitting role in energy related
2429	2429	2292infrastructure to establish the methodology for determining the suitability of sites and associated
2430	2430	2293guidance pursuant to section 30 of chapter 21A of the General Laws, inserted by section 3, not
2431	2431	2294later than July 1, 2026.
2432	2432	2295 SECTION 113. The department of energy resources shall promulgate regulations to
2433	2433	2296implement section 21 of chapter 25A of the General Laws, inserted by section 9, not later than
2434	2434	2297March 1, 2026. 108 of 109
2435	2435	2298 SECTION 114. The energy facilities siting board shall promulgate regulations to
2436	2436	2299implement the changes to sections 69G to 69J1/4, inclusive, sections 69O and 69P, sections 69R
2437	2437	2300and 69S of chapter 164 of the General Laws and sections 69T to 69W, inclusive, of said chapter
2438	2438	2301164, as inserted by section 55, not later than July 1, 2026. In promulgating said regulations, the
2439	2439	2302board shall consult with the department of public utilities, the department of energy resources,
2440	2440	2303the department of environmental protection, the department of fish and game, the department of
2441	2441	2304conservation and recreation, the department of agricultural resources, the Massachusetts
2442	2442	2305environmental policy act office, the Massachusetts Department of Transportation, the executive
2443	2443	2306office of public safety and security and all other agencies, authorities and departments whose
2444	2444	2307approval, order, order of conditions, permit, license, certificate or permission in any form is
2445	2445	2308required prior to or for construction of a facility, small clean energy infrastructure facility or
2446	2446	2309large clean energy infrastructure facility.
2447	2447	2310 SECTION 115. The department of public utilities and the energy facilities siting board, in
2448	2448	2311consultation with the office of environmental justice and equity established by section 29 of
2449	2449	2312chapter 21A of the General Laws, inserted by section 3, and the office of the attorney general,
2450	2450	2313shall promulgate regulations to implement section 149 of chapter 164 of the General Laws,
2451	2451	2314inserted by section 40, not later than July 1, 2026.
2452	2452	2315 SECTION 116. Not later than June 1, 2029, the director of the division of public
2453	2453	2316participation, as established by section 12T of chapter 25 of the General Laws, as inserted by
2454	2454	2317section 4, shall complete a review of the intervenor support grant program established pursuant
2455	2455	2318to section 149 of chapter 164 of the General Laws, as inserted by section 58, and provide an
2456	2456	2319opportunity for public comment to determine whether the program and corresponding
2457	2457	2320regulations should be amended. 109 of 109
2458	2458	2321 SECTION 117. Section 64 of this act is hereby repealed.
2459	2459	2322 SECTION 118. Sections 65 and 117 shall take effect on July 1, 2027.
2460	2460	2323 SECTION 119. Sections 45 to 49, inclusive, 51 to 59, inclusive, 64, 71, 99, 100, 108, and
2461	2461	2324111 to 114, inclusive, shall take effect on July 1, 2026.