Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2100 Compare Versions

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

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2	2	SENATE DOCKET, NO. 786 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2100
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to electric utility climate resilience and microgrids.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 5
16	16	SENATE DOCKET, NO. 786 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2100
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 2100) of Cynthia Stone Creem for
19	19	legislation relative to electric utility climate resilience and microgrids. Telecommunications,
20	20	Utilities and Energy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to electric utility climate resilience and microgrids.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 25 of the General Laws is hereby amended by inserting after
30	30	2Section 23 the following section:
31	31	3 Section 24. (a) The department of public utilities shall require electric distribution and
32	32	4transmission companies to prepare and file a climate vulnerability and resilience plan by
33	33	5December 31, 2024, and at least once every 5 years thereafter based on best available data.
34	34	6Climate vulnerability and resilience plans shall both identify existing vulnerabilities in the
35	35	7system that must be adapted to climate change-induced threats as well as plan proactively for
36	36	8future climate conditions to ensure the system can absorb and withstand impacts. Climate
37	37	9vulnerability and resilience plans shall prioritize, to the maximum extent practicable, adaptation
38	38	10measures that: (i) promote the preservation, protection, restoration, and enhancement of the
39	39	11commonwealth’s natural infrastructure through nature-based solutions, as defined in section 1 of
40	40	12chapter 21N; and (ii) account for the existing natural, built and economic characteristics of the 2 of 5
41	41	13commonwealth’s most vulnerable areas and human populations. Adaptation measures that
42	42	14include the use of hard-engineered, hardscape, or gray infrastructure features shall be supported
43	43	15by evidence that the measures will not cause or exacerbate negative environmental impacts and
44	44	16that alternative green or green and gray hybrid solutions are not feasible.
45	45	17 (b) Climate vulnerability and resilience plans shall include, at a minimum: (i) an
46	46	18evaluation of the climate science and projected extreme weather and other climate-related risks
47	47	19for the service territory including changes in temperature extremes, humidity, precipitation, sea
48	48	20level rise, and extreme storms; (ii) an evaluation and risk assessment of potential impacts of
49	49	21climate change on existing operation, planning, and physical assets, including any design and
50	50	22construction standards or maintenance and operations practices that require changes to address
51	51	23current and future climate conditions as it relates to reliability and resilience of the grid; (iii) an
52	52	24evaluation of the vulnerability of existing infrastructure based on location and whether and when
53	53	25certain facilities may require retrofitting or relocation; (iv) identification and prioritization of
54	54	26adaptation options to increase asset and system-wide resilience over time; (v) an evaluation of
55	55	27costs and benefits against a range of possible future scenarios and adaptation options; and (vi) an
56	56	28implementation timeline, including benchmarks over time, for making changes in line with the
57	57	29findings of the study such as modifying design and construction standards, modifying operations
58	58	30and planning processes, and upgrades to existing infrastructure to ensure reliability and resilience
59	59	31of the grid.
60	60	32 (c) Climate vulnerability and resilience plans shall be prepared in collaboration with
61	61	33communities most impacted by the effects of climate change within the company’s service area,
62	62	34including environmental justice populations, as defined in section 30 of chapter 62, and shall
63	63	35include a community engagement plan that includes, at a minimum: (i) identification and 3 of 5
64	64	36description of any environmental justice populations in the service area, and any community
65	65	37based environmental justice organizations in the service area; (ii) outreach goals and targets,
66	66	38including at least two public meetings planned in collaboration with representatives from
67	67	39identified environmental justice populations and community based organizations; (iii)
68	68	40assessment of past engagement goals shortfalls or deficiencies; and (iv) updates and remedies to
69	69	41ensure shortfalls or deficiencies are not repeated.
70	70	42 (d) The department of public utilities shall require, in any ratemaking proceeding
71	71	43pursuant to sections 76, 93, and 94 of chapter 164, that electric companies identify in priority
72	72	44order the climate risks to its facilities that will arise over the projected useful life of such
73	73	45facilities or thirty years, whichever is greater, in accordance with climate vulnerability and
74	74	46resilience plans as required by subsection (a). The companies shall present evidence
75	75	47documenting their evaluation of climate risks and measures addressing such climate risks based
76	76	48on the best available climate science, data and other evidence in the record before the agency and
77	77	49shall identify how their operating and capital budgets address such climate risks. The companies
78	78	50shall also: (i) consider and present evidence addressing likely climate change risks scenarios for
79	79	51its utility infrastructure in relation to the infrastructure’s criticality and risk tolerance; and (ii)
80	80	52disclose in all design engineering, architectural, or other drawings and analyses the climate
81	81	53assumptions used in evaluating and addressing climate risks.
82	82	54 (e) In adjudicating ratemaking proceedings pursuant to sections 76, 93, and 94 of chapter
83	83	55164, the department of public utilities shall determine whether the applicant’s costs proposed or
84	84	56incurred for capital investment projects include consideration and minimization of climate risks
85	85	57for the useful life of the proposed investment or 30 years, whichever is greater. In considering
86	86	58climate risks, the department of public utilities shall consult the most recent climate vulnerability 4 of 5
87	87	59and resilience plan on file for the applicant and projected climate change risk based on best
88	88	60available data. The department of public utilities may take into consideration whether the
89	89	61applicant has made progress in implementing its climate vulnerability and resilience plan and
90	90	62whether the applicant’s costs proposed or incurred for capital investment projects are consistent
91	91	63with the plan. The department of public utilities shall conclude in writing that the applicant’s
92	92	64costs are appropriate based on the risk tolerance of the project or facility. Any electric company
93	93	65failing to file its climate vulnerability and resilience plan may be fined $500 for each day during
94	94	66which such failure continues. The fines levied by the department shall be returned to ratepayers
95	95	67through distribution rates.
96	96	68 (f) The department of public utilities shall promulgate such rules and regulations as are
97	97	69necessary to promptly and effectively enforce the provisions of this section.
98	98	70 SECTION 2. Subsection (a) of section 85B of chapter 164 of the General Laws is hereby
99	99	71amended by striking out paragraphs (7) and (8) and inserting in place thereof the following:
100	100	72 (7) identification of additional supplies and equipment needed during an emergency and
101	101	73the means of obtaining additional supplies and equipment;
102	102	74 (8) designation of a call center in the commonwealth for service assistance for the
103	103	75duration of an emergency or until full service is restored, whichever occurs first. The call center
104	104	76shall be staffed continuously for the duration of the emergency and to ensure sufficient staffing
105	105	77levels to handle all customer calls; and
106	106	78 (9) a description of how the company is implementing its climate vulnerability and
107	107	79resilience plan in its response to emergency events and in its efforts to minimize the effects of 5 of 5
108	108	80extreme weather on the company’s infrastructure and operations, including disruptions to
109	109	81service.
110	110	82 SECTION 3. Chapter 164 of the General Laws is hereby amended by inserting after
111	111	83section 1K the following section:
112	112	84 Section 1L. For the purposes of climate resiliency and mitigation, reliability, and
113	113	85encouragement of installation of distributed electricity generation and storage capacity, no right
114	114	86to exclusive service or franchise established within Section 1B or elsewhere in this chapter shall
115	115	87prevent a municipality, or agencies of the commonwealth or private electric customers in
116	116	88coordination with a municipality, within an electric or gas company’s service territory, from: (a)
117	117	89establishing an energy microgrid or district energy system; (b) sharing electric generation or
118	118	90storage resources among facilities that are contiguous and owned by the same utility customer,
119	119	91irrespective of the number of electric meters installed at such facilities; or (c) using public rights
120	120	92of way to conduct electrical conduit or other energy resources point to point where the
121	121	93municipality deems there is benefit from sharing energy resources.