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