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