Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2121 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2335 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2121
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 investing in a prosperous clean commonwealth by 2030.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterLindsay N. Sabadosa1st Hampshire2/1/2023Vanna Howard17th Middlesex2/1/2023Danillo A. Sena37th Middlesex2/23/2023 1 of 38
16	16	SENATE DOCKET, NO. 2335 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2121
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2121) of James B. Eldridge,
19	19	Lindsay N. Sabadosa, Vanna Howard and Danillo A. Sena for legislation to invest in a
20	20	prosperous clean commonwealth by 2030. Telecommunications, 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 investing in a prosperous clean commonwealth by 2030.
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. The commonwealth should lead the nation by transitioning to 100%
30	30	2renewable electricity and net zero carbon emissions across all sectors by 2030. Climate scientists
31	31	3estimate that we must halve global emissions by 2030 to stop catastrophic climate change;
32	32	4therefore, an equitable and sustainable future necessitates that the commonwealth aggressively
33	33	5transition energy use entirely away from fossil fuels to renewable energy generation. However,
34	34	6climate change is intertwined with social inequities that will not be solved by simply
35	35	7transitioning to renewable energy. To fully address the scope of the climate crisis, all of the
36	36	8interdependencies of the crisis must be acknowledged and addressed, such that: (1) the laws and
37	37	9energy policies of the commonwealth are aligned with the scientific consensus around the
38	38	10climate crisis; (2) all have access to clean air, water, and land; (3) we center justice and equity
39	39	11for environmental justice communities, frontline and fenceline communities - particularly poor,
40	40	12Black and brown, and indigenous communities - and other populations that have been
41	41	13disproportionately affected by the climate crisis; (4) the commonwealth increases energy security 2 of 38
42	42	14and democratization by eliminating the use of fossil fuels and maximizing renewable energy
43	43	15production in our region; and (5) there is a just transition for workers amidst this energy
44	44	16transition by creating green, local, unionized jobs with wage and benefit parity and by
45	45	17prioritizing workers affected by the transition for green job training programs.
46	46	18 SECTION 2. Section 1 of Chapter 21N of the General Laws, is hereby amended by
47	47	19striking out the definition of “direct emissions” and inserting in place thereof the following
48	48	20definition:-
49	49	21 "Direct emissions'', emissions from sources that are owned or operated, in whole or in
50	50	22part, by any person, entity or facility in the commonwealth including, but not limited to,
51	51	23emissions from any transportation vehicle; building; structure; fugitive source; reduction in
52	52	24carbon carrying capacity associated with land use; resource extraction or development;
53	53	25distribution system; or residential, commercial, institutional, industrial, waste management,
54	54	26agricultural, or manufacturing process.
55	55	27 SECTION 3. Said section 1 of said chapter 21N, as so appearing, is hereby further
56	56	28amended by inserting the following 4 definitions:-
57	57	29 “Negative emissions”, removal of greenhouse gases from the atmosphere measured in
58	58	30tons of carbon dioxide equivalent, reported in the greenhouse gas registry in accordance with
59	59	31subsection a of section 2 of chapter 21N.
60	60	32 “Net statewide greenhouse gas emissions”, statewide greenhouse gas emissions minus
61	61	33negative emissions. 3 of 38
62	62	34 “Land carbon carrying capacity”, the capacity of land to sequester greenhouse gases
63	63	35measured in tons of carbon dioxide equivalent, including that embodied in organic matter
64	64	36contained in forests, wetlands or soils.
65	65	37 “Changes in land use resulting in a reduction in carbon carrying capacity”, any process
66	66	38which causes a reduction in land carbon carrying capacity including development, deforestation,
67	67	39draining, landfill, or resource extraction.
68	68	40 SECTION 4: Section 2 of said chapter 21N, as so appearing, is hereby amended by
69	69	41striking out subsection (a) and inserting in place thereof the following subsection:-
70	70	42 (a) The department shall monitor and regulate emissions of greenhouse gases with the
71	71	43goal of reducing those emissions. The department shall adopt regulations to require the reporting
72	72	44and verification of statewide greenhouse gas emissions and to monitor and enforce compliance
73	73	45with this chapter. The regulations shall: (1) establish a greenhouse gas registry and reporting
74	74	46system for greenhouse gas emission sources; provided, however, that in establishing the
75	75	47greenhouse gas registry and reporting system, the department may collaborate with other states
76	76	48or a regional consortium; (2) annually require the owner or operator of any facility that is
77	77	49required to report air emissions data to the department pursuant to Title V of the federal Clean
78	78	50Air Act and that has stationary emissions sources that emit greenhouse gases to report annually
79	79	51to the regional registry direct stack emissions of greenhouse gases from such sources; (3) require
80	80	52the owner or operator of a facility that has stationary emissions sources that emit greenhouse
81	81	53gases in excess of 5,000 tons of greenhouse gases per year in carbon dioxide equivalents to
82	82	54report annually to the registry direct emissions of greenhouse gases from such sources; provided,
83	83	55however, that the department shall develop a simplified estimation form to assist facilities in 4 of 38
84	84	56determining who shall report emissions and shall consider, on an annual basis, requiring the
85	85	57expansion of reporting to the greenhouse gas registry; (4) require the owner or developer of a
86	86	58property that has undergone a reduction in carbon carrying capacity in excess of 5,000 tons of
87	87	59carbon dioxide equivalent in a given year to report to the registry direct emissions of greenhouse
88	88	60gases from such sources; (5) provide for the voluntary reporting of emissions and negative
89	89	61emissions of greenhouse gases to the greenhouse gas registry by entities and facilities that are not
90	90	62required to submit information pursuant to clauses (2) and (3); provided, however, that the
91	91	63greenhouse gas emissions reported shall be of a type and format that the greenhouse gas registry
92	92	64can accommodate; (6) require reporting of greenhouse gas emissions from generation sources
93	93	65producing all electricity consumed, including transmission and distribution line losses from
94	94	66electricity generated within the commonwealth or imported from outside the commonwealth;
95	95	67provided, however, that this requirement shall apply to all retail sellers of electricity, including
96	96	68electric utilities, municipal electric departments and municipal light boards as defined in section
97	97	691 of chapter 164A; (7) require reporting of fugitive greenhouse gas emissions from distribution
98	98	70of natural gas consumed for all residential, commercial and industrial purposes; provided,
99	99	71however, that this requirement shall apply to all owners of infrastructure used for distribution of
100	100	72natural gas including gas companies as defined in section 1 of chapter 164 of the General Laws;
101	101	73(8) ensure rigorous and consistent accounting of emissions and provide reporting tools and
102	102	74formats to ensure collection of necessary data; and (9) ensure that greenhouse gas emissions
103	103	75sources maintain comprehensive records of all reported greenhouse gas emissions.
104	104	76 SECTION 5: Section 3 of said chapter 21N, as so appearing, is hereby amended by
105	105	77striking out subsection (b) and inserting in place thereof the following subsection:- 5 of 38
106	106	78 (b) The secretary shall, in consultation with the department and the department of energy
107	107	79resources, adopt the following statewide greenhouse gas emissions limits: (i) an interim 2025
108	108	80statewide greenhouse gas emissions limit; (ii) an interim 2025 net statewide greenhouse gas
109	109	81emissions limit; (iii) an interim 2030 statewide greenhouse gas emissions limit; (iv) an interim
110	110	822030 net statewide greenhouse gas emissions limit; (v) an interim 2035 statewide greenhouse gas
111	111	83emissions limit; (vi) an interim 2035 net statewide greenhouse gas emissions limit; (vii) an
112	112	84interim 2040 statewide greenhouse gas emissions limit; (viii) an interim 2040 net statewide
113	113	85greenhouse gas emissions limit; (ix) an interim 2045 statewide greenhouse gas emissions limit;
114	114	86(x) an interim 2045 net statewide greenhouse gas emissions limit; (xi) a 2050 statewide
115	115	87greenhouse gas emissions limit; (xii) a 2050 net statewide greenhouse gas emissions limit that
116	116	88achieves at least a net emissions reduction of 110 per cent below the 1990 level provided,
117	117	89however, that in no event shall the level of net statewide greenhouse gas emissions after 2030 be
118	118	90higher than zero and provided that in no event shall the level of statewide greenhouse gas
119	119	91emissions after 2040 be higher than zero. Each limit shall be accompanied by publication of a
120	120	92comprehensive, clear and specific roadmap plan to realize said limit.
121	121	93 SECTION 6: Subsection (a) of section 4 of said chapter 21N, as so appearing, is hereby
122	122	94amended by inserting after the first sentence the following sentence:- The secretary shall further
123	123	95adopt the 2040 net statewide greenhouse gas emissions limit pursuant to clause (8) of subsection
124	124	96(b) of section 3, which shall be not less than 105 per cent below the 1990 emissions level and
125	125	97shall plan to achieve that reduction pursuant to subsection (h) of section 4.
126	126	98 SECTION 7: Said section 4 of said chapter 21N, as so appearing, is hereby amended by
127	127	99inserting after subsection (h) the following subsection:- 6 of 38
128	128	100 (i) The secretary shall produce a comprehensive set of criteria defining negative
129	129	101emissions. Said criteria will be explicitly designed to (1) ensure that negative emissions represent
130	130	102removal of atmospheric greenhouse gases during the year in which they are recorded, (2) avoid
131	131	103double counting negative emissions in any way, (3) promote the growth of carbon negative
132	132	104practices in the commonwealth. The criteria shall be updated by the secretary every year.
133	133	105 SECTION 8. Section 6 of chapter 21A of the General Laws, is hereby amended by
134	134	106adding the following sentences:- Subject to appropriation, the secretary shall appoint an expert
135	135	107aide with the duties of developing policies, plans or programs to: (1) monitor and regulate
136	136	108emissions of greenhouse gases; (2) adopt the statewide greenhouse gas emissions limits; and (3)
137	137	109produce a comprehensive set of criteria defining negative emissions. Subject to appropriation,
138	138	110the secretary shall appoint an expert aide with the duties of developing policies, plans or
139	139	111programs to assist municipalities reach the zero emissions targets.
140	140	112 SECTION 9. Notwithstanding any general or special law to the contrary, the secretary of
141	141	113the executive office of energy and environmental affairs shall hire the expert aides set forth in
142	142	114section 8 of this act within 60 days of the start of fiscal year 2024, subject to appropriation.
143	143	115 SECTION 10. Section 16 of chapter 298 of the acts of 2008 is hereby amended by
144	144	116striking out, in lines 3 and 4, the words “, and shall expire on December 31, 2020”.
145	145	117 SECTION 11. Section 11F 1/2 of chapter 25A of the General Laws, is hereby amended
146	146	118by striking out, in subsection (a), the words “(4) an additional 2 per cent of sales each year
147	147	119thereafter until December 31, 2029; and (5) an additional 1 per cent of sales every year
148	148	120thereafter” and inserting in place thereof the following words:- (4) 33 per cent of total sales by
149	149	121December 31, 2022; (5) 40 per cent of total sales by December 31, 2023; (6) 48 per cent of total 7 of 38
150	150	122sales by December 31, 2024; (7) 55 per cent of total sales by December 31, 2025; (8) 65 per cent
151	151	123of total sales by December 31, 2026; (9) 75 per cent of total sales by December 31, 2027; (10) 87
152	152	124per cent of total sales by December 31, 2028; and (11) 100 per cent of total sales by December
153	153	12531, 2029.”
154	154	126 SECTION 12. Section 11F of chapter 25A of the General Laws, is hereby amended by
155	155	127striking out subsection (b) and inserting in place thereof the following subsection:-
156	156	128 (b) For the purposes of this subsection, a renewable energy generating source is one
157	157	129which generates electricity using any of the following: (1) solar photovoltaic or solar thermal
158	158	130electric energy; (2) wind energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing
159	159	131renewable fuels; (5) landfill gas; (6) naturally flowing water and hydroelectric; or (7) geothermal
160	160	132energy. The following technologies and fuels shall not be considered renewable energy sources:
161	161	133(A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris
162	162	134including, but not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power
163	163	135and (H) hydropower facilities that have nameplate capacity of more than 30MW. A renewable
164	164	136energy generating source may be located behind the customer meter within the ISO–NE, as
165	165	137defined in section 1 of chapter 164, control area if the output is verified by an independent
166	166	138verification system participating in the New England Power Pool Generation Information
167	167	139System, in this section called NEPOOL GIS, accounting system and approved by the department.
168	168	140 SECTION 13. Said section 11F, as so appearing, is hereby amended by striking out
169	169	141subsection (c) and inserting in place thereof the following subsection:-
170	170	142 (c) New renewable energy generating sources meeting the requirements of this subsection
171	171	143shall be known as Class I renewable energy generating sources. For the purposes of this 8 of 38
172	172	144subsection, a Class I renewable energy generating source is one that began commercial operation
173	173	145after December 31, 1997, or represents the net increase from incremental new generating
174	174	146capacity after December 31, 1997 at an existing facility, where the facility generates electricity
175	175	147using any of the following: (1) solar photovoltaic or solar thermal electric energy; (2) wind
176	176	148energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5)
177	177	149landfill gas; (6) energy generated by new hydroelectric facilities, or incremental new energy
178	178	150from increased capacity or efficiency improvements at existing hydroelectric facilities; provided,
179	179	151however, that (i) each such new facility or increased capacity or efficiency at each such existing
180	180	152facility must meet appropriate and site-specific standards that address adequate and healthy river
181	181	153flows, water quality standards, fish passage and protection measures and mitigation and
182	182	154enhancement opportunities in the impacted watershed as determined by the department in
183	183	155consultation with relevant state and federal agencies having oversight and jurisdiction over
184	184	156hydropower facilities; (ii) only energy from new facilities having a capacity up to 30 megawatts
185	185	157or attributable to improvements that incrementally increase capacity or efficiency by up to 30
186	186	158megawatts at an existing hydroelectric facility shall qualify; and (iii) no such facility shall
187	187	159involve pumped storage of water or construction of any new dam or water diversion structure
188	188	160constructed later than January 1, 1998; (7) marine or hydrokinetic energy as defined in section 3;
189	189	161or (8) geothermal energy. The following technologies and fuels shall not be considered
190	190	162renewable energy sources: (A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E)
191	191	163construction and demolition debris including, but not limited to, chemically-treated wood; (F)
192	192	164nuclear power; (G) biomass power and (H) hydropower facilities that have nameplate capacity of
193	193	165more than 30MWA. Class I renewable generating sources may be located behind the customer 9 of 38
194	194	166meter within the ISO –NE control area if the output is verified by an independent verification
195	195	167system participating in the NEPOOL GIS accounting system and approved by the department.
196	196	168 SECTION 14. Said section 11F, as so appearing, is hereby amended by striking out
197	197	169subsection (d) and inserting in place thereof the following subsection:-
198	198	170 (d) Every retail electric supplier providing service under contracts executed or extended
199	199	171on or after January 1, 2009, shall provide a minimum percentage of kilowatt-hour sales to end-
200	200	172use customers in the commonwealth from Class II renewable energy generating sources. For the
201	201	173purposes of this section, a Class II renewable energy generating source is one that began
202	202	174commercial operation before December 31, 1997 and generates electricity using any of the
203	203	175following: (1) solar photovoltaic or solar thermal electric energy; (2) wind energy; (3) ocean
204	204	176thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5) landfill gas; (6) energy
205	205	177generated by existing hydroelectric facilities, provided that such existing facility shall meet
206	206	178appropriate and site-specific standards that address adequate and healthy river flows, water
207	207	179quality standards, fish passage and protection measures and mitigation and enhancement
208	208	180opportunities in the impacted watershed as determined by the department in consultation with
209	209	181relevant state and federal agencies having oversight and jurisdiction over hydropower facilities;
210	210	182and provided further, that only energy from existing facilities up to 7.5 megawatts shall be
211	211	183considered renewable energy and no such facility shall involve pumped storage of water nor
212	212	184construction of any new dam or water diversion structure constructed later than January 1, 1998;
213	213	185(7) marine or hydrokinetic energy as defined in section 3; or (8) geothermal energy. The
214	214	186following technologies and fuels shall not be considered renewable energy sources: (A) coal; (B)
215	215	187petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but
216	216	188not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power and (H) 10 of 38
217	217	189hydropower facilities that have nameplate capacity of more than 30MW. A Class II renewable
218	218	190generating source may be located behind the customer meter within the ISO–NE control area
219	219	191provided that the output is verified by an independent verification system participating in the
220	220	192NEPOOL GIS accounting system and approved by the department.
221	221	193 SECTION 15. Section 11F 1/2 of chapter 25A of the General Laws, as appearing in the
222	222	1942018 Official Edition, is hereby amended by striking out subsection (a) and inserting in place
223	223	195thereof the following subsection:-
224	224	196 (a) The department shall establish an alternative energy portfolio standard for all retail
225	225	197electricity suppliers selling electricity to end-use customers in the commonwealth. Every retail
226	226	198electric supplier providing service under contracts executed or extended on or after January 1,
227	227	1992009 shall provide a minimum percentage of kilowatt-hour sales, as determined by the
228	228	200department, to end-use customers in the commonwealth from alternative energy generating
229	229	201sources and the department shall annually thereafter determine the minimum percentage of
230	230	202kilowatt-hour sales to end-use customers in the commonwealth which shall be derived from
231	231	203alternative energy generating sources. For the purposes of this section, ''alternative energy
232	232	204generating source'' shall mean a source which generates energy using any of the following: (i)
233	233	205flywheel energy storage; (ii) energy efficient steam technology; or (iii) fuel cells. The following
234	234	206technologies and fuels shall not be considered alternative energy supplies: (A) coal; (B)
235	235	207petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but
236	236	208not limited to, chemically-treated wood and (F) nuclear power.
237	237	209 SECTION 16. Said section 11F 1/2, as so appearing, is hereby amended by striking out in
238	238	210subsection (b) the following text:- 11 of 38
239	239	211 (b) The department, in consultation with the department of environmental protection,
240	240	212shall set: (i) emission performance standards that are protective of public health, including
241	241	213standards for eligible biomass, biogas and liquid biofuel technologies that limit eligibility only to
242	242	214best-in-class commercially-feasible technologies, inclusive of energy conversion and emissions
243	243	215controls, with regard to reducing emissions of particulate matter sized 2.5 microns or less and
244	244	216carbon monoxide and other air pollutants; (ii) for eligible biomass, biogas and liquid biofuel
245	245	217technologies, a requirement of 50 per cent reduction in life-cycle greenhouse gas emissions
246	246	218compared to a high efficiency unit utilizing the fuel that is being displaced or, for a new load, a
247	247	219high-efficiency natural gas unit, if natural gas is available at reasonable cost to the site or
248	248	220otherwise the fuel that is most likely to be utilized; (iii) for eligible biomass, biogas and liquid
249	249	221biofuel technologies, requirements for thermal storage or other means to minimize any
250	250	222significant deterioration of efficiency or emissions due to boiler cycling, if feasible; (iv) for
251	251	223eligible biomass, biogas and liquid biofuel technologies, fuel conversion efficiency performance
252	252	224standards achievable by best-in-class commercially-feasible technologies; and (v) in consultation
253	253	225with the department of conservation and recreation, for forest-derived biomass, requirements that
254	254	226fuel shall be provided by means of sustainable forestry practices; provided, however, that the
255	255	227department shall adopt any existing or new biomass fuel sustainability standards if deemed
256	256	228appropriate by the department after a public comment process.
257	257	229 SECTION 17. Said section 11F 1/2, as so appearing, is hereby amended by striking out
258	258	230subsections (c) and (d) and inserting in place thereof the following subsections:-
259	259	231 (b) The department shall adopt regulations allowing for a retail supplier to discharge its
260	260	232obligations under this section by making an alternative compliance payment in an amount
261	261	233established by the department. Such regulations shall outline procedures by which each retail 12 of 38
262	262	234supplier shall annually submit for the department's review a filing illustrating the retail supplier's
263	263	235compliance with the requirements of this section.
264	264	236 (c) A municipal lighting plant shall be exempt from the obligations under this section so
265	265	237long as and insofar as it is exempt from the requirements to allow competitive choice of
266	266	238generation supply under section 47A of chapter 164.
267	267	239 SECTION 18. Said section 11F 1/2, as so appearing, is hereby amended by striking out
268	268	240subsection (e) and inserting in place thereof the following subsection:-
269	269	241 (d) The department may provide that for fuel cells and certain nonemitting renewable
270	270	242thermal technologies, an alternative energy credit shall be earned for less than 3,412,000 British
271	271	243thermal units of net useful thermal energy so as to stimulate the development of new on-site
272	272	244energy generating sources.
273	273	245 SECTION 19. Notwithstanding any general or special law to the contrary, the department
274	274	246of energy resources shall require distribution companies, as defined in section 1 of chapter 164 of
275	275	247the General Laws, to jointly and competitively conduct additional offshore wind generation
276	276	248solicitations and procurements of up to approximately 6,000 megawatts of aggregate nameplate
277	277	249capacity, in addition to the solicitations and procurements required by section 83C of chapter 169
278	278	250of the acts of 2008, as amended by chapter 188 of the acts of 2016, and may require said
279	279	251additional solicitations and procurements by December 31, 2029.
280	280	252 SECTION 20. Subsection (b) of section 83C of chapter 169 of the acts of 2008, inserted
281	281	253by chapter 188 of the acts of 2016 and amended by section 21 of chapter 27 of the acts of 2018
282	282	254shall be hereby amended by striking out the following words:- “; provided, however, that the
283	283	255department of public utilities shall not approve a long-term contract that results from a 13 of 38
284	284	256subsequent solicitation and procurement period if the levelized price per megawatt hour, plus
285	285	257associated transmission costs, is greater than or equal to the levelized price per megawatt hour
286	286	258plus transmission costs that result from the previous procurement.”
287	287	259 SECTION 21. Said subsection (b) in section 83C is hereby further amended by striking
288	288	260out the following words:- “(3) provide for an annual remuneration for the contracting distribution
289	289	261company up to 2.75 cent of the annual payments under the contract to compensate the company
290	290	262for accepting the financial obligation of the long-term contract, such provision to be acted upon
291	291	263by the department of public utilities at the time of contract approval;”
292	292	264 SECTION 22. In responding to any solicitations issued by distribution companies for the
293	293	265procurement of offshore wind generation, proposals for long-term contracts shall include an
294	294	266environmental and fisheries mitigation plan for the construction and operation of such offshore
295	295	267wind facilities, provided such plan shall include, but not be limited to, an explicit description of
296	296	268the best management practices and any on- or off-site mitigation the bidder will employ,
297	297	269informed by the latest science at the time the proposal is made, that will avoid, minimize and
298	298	270mitigate any impacts to: wildlife, including but not limited to threatened or endangered species
299	299	271such as North Atlantic right whales; coastal and marine habitats; natural resources; ecosystems;
300	300	272and traditional or existing water-dependent uses, including, but not limited to, commercial and
301	301	273recreational fishing. The plan should also include pre- and post-construction monitoring to
302	302	274understand the effects of facilities on marine and avian species.
303	303	275 The department of energy resources shall establish an environmental working group and
304	304	276a fisheries working group comprised of key experts and stakeholders to provide input on best
305	305	277practices for avoiding, minimizing and mitigating any impacts to: wildlife, including but not 14 of 38
306	306	278limited to threatened or endangered species such as North Atlantic right whales; coastal and
307	307	279marine habitats; natural resources; ecosystems; and traditional or existing water-dependent uses,
308	308	280including, but not limited to, commercial and recreational fishing, during the construction and
309	309	281operation of facilities eligible pursuant to this section. The working groups shall conduct ongoing
310	310	282review of implemented monitoring and mitigation programs and provide feedback and
311	311	283recommendations on an as-needed basis, to be considered by the department. Pre-construction
312	312	284engagement of these working groups will correspond with project development, solicitation, and
313	313	285permitting, and the federal consistency process.
314	314	286 Proposals must include a commitment to, if selected and approved, provide financial and
315	315	287technical assistance to support robust monitoring of wildlife and habitat through a minimum
316	316	288$10,000 per megawatt contribution to regional research on the impacts of offshore wind on
317	317	289wildlife and habitat to inform strategies to avoid and mitigate any impacts to the marine
318	318	290environment. The department of energy resources, in consultation with the environmental and
319	319	291fisheries working groups, shall determine how the funds will be used to advance the responsible
320	320	292development of the offshore wind energy industry, not necessarily the proposed project.
321	321	293 SECTION 23. Notwithstanding any general or special law to the contrary, the department
322	322	294of energy resources shall require offshore wind bids to allocate at least 1% of the cost of the
323	323	295project to a general fund in support of Massachusetts-based offshore wind power research and
324	324	296workforce development provided further, that this fund shall be administered by the
325	325	297Massachusetts Clean Energy Center, provided further, that a portion of this fund shall be used to
326	326	298cover reasonable administrative costs of MassCEC. 15 of 38
327	327	299 SECTION 24. Notwithstanding any general or special law to the contrary, the department
328	328	300of energy resources shall require retail suppliers, as defined in section 1 of chapter 164 of the
329	329	301General Laws, to jointly and competitively conduct additional solar photovoltaic electric energy
330	330	302generation solicitations and procurements of up to approximately 6,000 megawatts of aggregate
331	331	303nameplate capacity, in addition to the solicitations and procurements required by section 4 of
332	332	304chapter 75 of the acts of 2016, and may require said additional solicitations and procurements by
333	333	305December 31, 2029.
334	334	306 SECTION 25. In responding to any solicitations from retail suppliers for the procurement
335	335	307of solar generation, proposals for long-term contracts shall include an environmental mitigation
336	336	308plan for the construction and operation of such solar facilities, provided such plan shall include,
337	337	309but not be limited to, an explicit description of the best management practices and any on- or off-
338	338	310site mitigation the bidder will employ, informed by the latest science at the time the proposal is
339	339	311made, that will avoid, minimize and mitigate any impacts to: wildlife, including but not limited
340	340	312to threatened or endangered species; wetlands, including but not limited to impacts on water
341	341	313quality and vegetation diversity; forests, including impacts from deforestation and removal of
342	342	314trees; natural resources; and ecosystems. The plan should also include pre- and post-construction
343	343	315monitoring to understand the effects of facilities on wetlands, forests, and land on which solar
344	344	316facilities are installed.
345	345	317 The department of energy resources shall establish an environmental working group
346	346	318comprised of key experts and stakeholders to provide input on best practices for avoiding,
347	347	319minimizing and mitigating any impacts to: wildlife, including but not limited to threatened or
348	348	320endangered species; wetlands, including but not limited to impacts on water quality and
349	349	321vegetation diversity; forests, including impacts from deforestation and removal of trees; natural 16 of 38
350	350	322resources; and ecosystems. The working groups shall conduct ongoing review of implemented
351	351	323monitoring and mitigation programs and provide feedback and recommendations on an as-
352	352	324needed basis, to be considered by the department. Pre-construction engagement of these working
353	353	325groups will correspond with project development, solicitation, and permitting, and the federal
354	354	326consistency process.
355	355	327 Proposals must include a commitment to, if selected and approved, provide financial and
356	356	328technical assistance to support robust monitoring of wildlife, ecosystems and habitat through a
357	357	329minimum $10,000 per megawatt contribution to regional research on the impacts of solar on
358	358	330wildlife and habitat to inform strategies to avoid and mitigate any impacts to the environment.
359	359	331The department of energy resources, in consultation with the environmental working groups,
360	360	332shall determine how the funds will be used to advance the responsible development of the solar
361	361	333energy industry, not necessarily the proposed project.
362	362	334 SECTION 26. Section 139 of chapter 164 of the General Laws, is hereby amended by
363	363	335inserting after the word “entity”, in line 96, the following words:- “or publicly-assisted housing
364	364	336or its residents.”
365	365	337 SECTION 27. Said section 138 of said chapter 164, as so appearing, is hereby further
366	366	338amended by striking out the words:- “or (2) of which the municipality or other governmental
367	367	339entity is assigned 100 per cent of the output.” and inserting in place thereof the following words:-
368	368	340"or (2) of which the municipality, other governmental entity, low income or environmental
369	369	341justice households or publicly-assisted housing or its residents are assigned 100 per cent of the
370	370	342output or net metering credits.” 17 of 38
371	371	343 SECTION 28. Said section 138 of said chapter 164, as so appearing, is hereby further
372	372	344amended by inserting after the definition of “Net metering facility of a municipality or other
373	373	345governmental entity” the following definition:-
374	374	346 “Publicly-assisted housing”, as defined in section 1 of chapter 40T.
375	375	347 SECTION 29. Section 139 of chapter 164 of the General Laws, is hereby amended by
376	376	348striking out, in lines 62 and 63, the words “and that are located in the same ISO-NE load zone
377	377	349to” and inserting in place thereof the following words:- , “regardless of which ISO-NE load zone
378	378	350the customers are located in, to.”
379	379	351 SECTION 30. Said section 139, as so appearing, is hereby further amended by inserting
380	380	352after the word “charges”, in line 85, the second time it appears, the following words:- “,
381	381	353including demand charges as part of a monthly minimum reliability contribution except as
382	382	354authorized under subsection (j).”
383	383	355 SECTION 31. Said section 139 of said chapter 164, as so appearing, is hereby amended
384	384	356by striking out subsection (f) of said section 139 and inserting in place thereof the following
385	385	357subsection:-
386	386	358 (f) No aggregate net metering cap shall apply to a solar net metering facility.
387	387	359 SECTION 32. Section 138 of chapter 164, as appearing in the 2020 Official Edition, is
388	388	360hereby amended by inserting after the definition of “customer” the following definitions:-
389	389	361 "Low-income", includes low-income households as defined under section 1 of chapter
390	390	36240T. 18 of 38
391	391	363 "Environmental justice", the right to be protected from environmental pollution and to
392	392	364live in and enjoy a clean and healthful environment regardless of race, income, class, tribal
393	393	365affiliation, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious
394	394	366belief, or English language proficiency. Environmental justice shall include the equal protection
395	395	367and meaningful involvement of all people with respect to the development, implementation, and
396	396	3682 of 5 enforcement of environmental laws, regulations, and policies and the equitable distribution
397	397	369of energy and environmental benefits and environmental burdens.
398	398	370 "Environmental Justice Population", a neighborhood that meets 1 or more of the
399	399	371following criteria: (i) the annual median household income is not more than 65 per cent of the
400	400	372statewide annual median household income; (ii) minorities comprise 40 per cent or more of the
401	401	373population; (iii) 25 per cent or more of households lack English language proficiency; or (iv)
402	402	374minorities comprise 25 per cent or more of the population and the annual median household
403	403	375income of the municipality in which the neighborhood is located does not exceed 150 per cent of
404	404	376the statewide annual median household income; provided, however, that for a neighborhood that
405	405	377does not meet said criteria, but a geographic portion of that neighborhood meets at least 1
406	406	378criterion, the secretary may designate that geographic portion as an environmental justice
407	407	379population upon the petition of at least 10 residents of the geographic portion of that
408	408	380neighborhood meeting any such criteria; provided further, that the secretary may determine that a
409	409	381neighborhood, including any geographic portion thereof, shall not be designated an
410	410	382environmental justice population upon finding that: (A) the annual median household income of
411	411	383that neighborhood is greater than125 per cent of the statewide median household income; (B)
412	412	384majority of persons age 25 and older in that neighborhood have a college education; (C) the
413	413	385neighborhood does not bear an unfair burden of environmental pollution; and (D) the 19 of 38
414	414	386neighborhood has more than limited access to natural resources, including open spaces and water
415	415	387resources, playgrounds and other constructed outdoor recreational facilities and venues.
416	416	388 "Environmental Justice Household", includes households within Environmental Justice
417	417	389Populations.
418	418	390 "Low income solar net metering facility", a solar net metering facility that allocates all of
419	419	391its output and net metering credits to (1) the providers or residents of publicly-assisted housing
420	420	392under section 1 of chapter 40T or (2) low income and environmental justice households; or (3)
421	421	393entities primarily serving such persons. The department of energy resources may establish an
422	422	394alternate minimum threshold or thresholds for allocation of output and net metering credits to
423	423	395determine project eligibility if the department determines a lower threshold is necessary in order
424	424	396to facilitate economic viability of low-income solar net metering facilities or to deliver 24
425	425	397meaningful economic benefit to recipients.
426	426	398 "Community shared solar net metering facility", a solar net metering facility with three or
427	427	399more eligible recipients of credits, provided that (1) no more than 50 per cent of the net metering
428	428	400credits produced by the facility are allocated to any one recipient, (2) no more than three
429	429	401recipients may receive net metering credits in excess of those produced annually by 25 kW of
430	430	402nameplate AC capacity and the combined share of said participants' capacity shall not exceed 50
431	431	403per cent of the total capacity of the Generation Unit, unless otherwise allowed by the department
432	432	404of energy resources, and (3) the recipients have an interest in the production of the facility or the
433	433	405entity that owns the facility, in the form of formal ownership, a lease agreement, or a net
434	434	406metering allocation agreement. 20 of 38
435	435	407 SECTION 33. Said section 138 of said chapter 164, as so appearing, is hereby further
436	436	408amended in the definition of "market net metering credit" by striking out the following words:-
437	437	409"that credits shall only be allocated to an account of a municipality or government entity." and
438	438	410inserting in place thereof the following words:- "that credits shall only be allocated to an account
439	439	411of a municipality or government entity or low-income and environmental justice households."
440	440	412 SECTION 34. Section 139 of said chapter 164, as so appearing, is hereby further
441	441	413amended by adding the following subsections:-
442	442	414 (l) Notwithstanding any provision of special or general law to the contrary, a low income
443	443	415solar net metering facility shall receive credits equal to the excess kilowatt-hours by time of use
444	444	416billing period, if applicable, multiplied by the sum of the distribution company's: (i) default
445	445	417service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii)
446	446	418distribution kilowatt-hour charge; (iii) transmission kilowatt-hour charge; and (iv) transition 52
447	447	419kilowatt-hour charge; provided, however, that this shall not include the demand side 4 of 5
448	448	420management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of
449	449	421chapter 25.
450	450	422 (m) Notwithstanding any provision of special or general law to the contrary, a community
451	451	423shared solar net metering facility that allocates at least 50 per cent of its credits to low income
452	452	424and environmental justice households or the providers or residents of publicly-assisted housing
453	453	425under section 1 of chapter 40T or (3) entities primarily serving such persons shall receive credits
454	454	426equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the
455	455	427sum of the distribution company's: (i) default service kilowatt-hour charge in the ISO-NE load
456	456	428zone where the customer is located; (ii) distribution kilowatt-hour charge; (iii) transmission 21 of 38
457	457	429kilowatt-hour charge; and (iv) transition kilowatt-hour charge; provided, however, that this shall
458	458	430not include the demand side management and renewable energy kilowatt-hour charges set forth
459	459	431in sections 19 and 20 of chapter 25.
460	460	432 SECTION 35. Said section 139 of said chapter 164, as so appearing, is hereby amended
461	461	433by striking out in subsection (f) the following words:- "The aggregate net metering capacity of
462	462	434facilities that are not net metering facilities of a municipality or other governmental entity shall
463	463	435not exceed 7 per cent of the distribution company's peak load. The aggregate net metering
464	464	436capacity of net metering facilities of a municipality or other governmental entity shall not exceed
465	465	4378 per cent of the distribution company's peak load."
466	466	438 SECTION 36. Chapter 25A of the General Laws is hereby amended by inserting after
467	467	439section 11I the following section:-
468	468	440 Section 11J. For any solar incentive program created by the department of energy
469	469	441resources, under general law, session law, or other authority, the program shall designate 50 per
470	470	442cent of the incentive to equitably share the economic and environmental benefits of the program
471	471	443in communities facing barriers to access. This shall include low-income solar net metering
472	472	444facilities, as defined in section 138 of chapter 164, as well as rental housing or residents thereof.
473	473	445The department may, at its discretion, dedicate part of the incentive to resolve other barriers to
474	474	446equitable access to solar energy if such barriers are identified. The department shall also specify
475	475	447in program design its plans to reach communities whose primary language is not English.
476	476	448 SECTION 37. Chapter 25A of the General Laws is hereby amended by inserting after
477	477	449section 11F1/2 the following section:- 22 of 38
478	478	450 Section 11F 3/4. (a) Each municipal lighting plant shall establish a greenhouse gas
479	479	451emissions standard, which shall be known as the “Municipal Lighting Plant GGES.”
480	480	452 (b) A Municipal Lighting Plant GGES shall set the minimum percentage of renewable
481	481	453energy sold by each municipal lighting plant to all retail end-user customers purchasing
482	482	454electricity pursuant to rates established pursuant to section 58 of chapter 164 as follows: 100 per
483	483	455cent energy sales from renewable sources achieving net-zero greenhouse gas emissions by 2030.
484	484	456 (c) For the purpose of this section, “renewable sources” shall mean: energy from facilities
485	485	457using the following generation technologies, but only to the extent that any renewable energy
486	486	458credits, emission free energy certificates or other evidentiary non-carbon emitting documentation
487	487	459associated therewith have not been sold, retired, claimed or otherwise represented by another
488	488	460party as part of electrical energy output or sales or used to satisfy obligations in jurisdictions
489	489	461other than the commonwealth: (1) solar photovoltaic; (2) solar thermal electric; (3) hydroelectric,
490	490	462including imports into the New England wholesale electric market as administered by ISO New
491	491	463England Inc.; (4) marine or hydrokinetic energy; (5) geothermal energy; (6) wind energy; and (7)
492	492	464any other generation qualifying for renewable portfolio standards pursuant to section 11F.
493	493	465 (d) A municipal lighting plant shall file an annual report with the department, using a
494	494	466form specified by the department, demonstrating compliance with this section. If a municipal
495	495	467lighting plant fails to comply with the requirements of this section, it shall make a one-time
496	496	468alternative compliance payment, to be known as the “Municipal Lighting Plant ACP” for the
497	497	469year of non-compliance, and on the anniversary of each year that said non-compliance continues
498	498	470thereafter, in the amount 0.25 times the Renewable Portfolio Standard ACP set forth in the
499	499	471department’s regulations at 225 C.M.R. 14.00 et seq. per kilowatt hour based on the amount of 23 of 38
500	500	472such deficiency, escalated annually by the Consumer Price Index. Such Municipal Lighting Plant
501	501	473ACP shall be deposited into a fund that shall be maintained and administered by the municipal
502	502	474light plant and such fund shall be used by the municipal light plant to fund greenhouse gas
503	503	475emissions reduction and related programs in its service territory.
504	504	476 SECTION 38. Chapter 90 of the General Laws is hereby amended by inserting after
505	505	477section 7CC the following section:-
506	506	478 Section 7DD (a) For the purposes of this section the following words shall have the
507	507	479following meanings:-
508	508	480 ''Consumer'', a buyer, other than for purposes of resale, of a motor vehicle, any person to
509	509	481whom such motor vehicle is transferred during the period of any express or statutory warranty
510	510	482under this section applicable to such motor vehicle, and any other person entitled by the terms of
511	511	483such warranty to enforce its obligations.
512	512	484 ''Dealer'', any person engaged in the business of selling, offering for sale, or negotiating
513	513	485the retail sale of used motor vehicles or selling motor vehicles as broker or agent for another,
514	514	486including the officers, agents and employees of such person and any combination or association
515	515	487of dealers, but not including a bank or other financial institution, or the commonwealth, its
516	516	488agencies, bureaus, boards, commissions, authorities, nor any of its political subdivisions. A
517	517	489person shall be deemed to be engaged in the business of selling used motor vehicles if such
518	518	490person has sold more than three used motor vehicles in the preceding twelve months.
519	519	491 ''Motor vehicle'' or ''vehicle'', any motor vehicle as defined in section one, sold or
520	520	492replaced by a dealer or manufacturer, except that it shall not include auto homes, vehicles built
521	521	493primarily for off-road use or any vehicle used primarily for business purposes. 24 of 38
522	522	494 ''Used motor vehicle'' or ''used vehicle'', any vehicle driven more than the limited use
523	523	495necessary in moving or road testing a new vehicle prior to delivery to a consumer, including a
524	524	496demonstrator vehicle, except that it shall not include auto homes, vehicles built primarily for off
525	525	497road use, motorcycles, or any vehicle used primarily for business purposes.
526	526	498 ''New motor vehicle'' or ''new vehicle'', any vehicle not satisfying the definition of used
527	527	499motor vehicle.
528	528	500 “Plug-in vehicle”, a battery electric vehicle that draws propulsion energy solely from an
529	529	501on-board electrical energy storage device during operation that is charged from an external
530	530	502source of electricity or a plug-in hybrid electric vehicle with an on-board electrical energy
531	531	503storage device that can be recharged from an external source of electricity which also has the
532	532	504capability to run on another fuel.
533	533	505 “Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions.
534	534	506 (b) Beginning on January 1st 2027, no new motor vehicle shall be sold in the
535	535	507commonwealth by a dealer to a consumer unless the vehicle is a plug-in vehicle.
536	536	508 (c) Beginning on January 1st 2030, no new motor vehicle shall be sold in the
537	537	509commonwealth by a dealer to a consumer unless the vehicle is a zero-emission vehicle.
538	538	510 SECTION 39. Section 16 of chapter 25A of the General Laws, is hereby amended by
539	539	511inserting after the word “section”, in line 1, the following words:- and section 18.
540	540	512 SECTION 40. Subsection (a) of said section 16 of said chapter 25A, as so appearing, is
541	541	513hereby amended by adding the following definition:-
542	542	514 “Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions. 25 of 38
543	543	515 SECTION 41. Said chapter 25A is hereby further amended by inserting after section 17
544	544	516the following section:-
545	545	517 Section 18. (a) The commissioner shall, subject to appropriation, establish a program to
546	546	518provide rebates or other financial incentives to consumers who purchase or lease a zero-emission
547	547	519vehicle. Vehicles qualifying for rebates under this section shall: (i) be manufactured primarily for
548	548	520use on public streets, roads and highways; (ii) not be modified from the original manufacturer’s
549	549	521specification; and (iii) have been acquired for use or lease by the consumer and not for resale.
550	550	522 (b) A rebate under this section shall not be less than $1,500 per vehicle; provided,
551	551	523however, that no rebate shall be available for a vehicle with a sales price that exceeds $50,000.
552	552	524 (c) The commissioner may promulgate regulations to administer the program established
553	553	525under this section. At least once per calendar year, the commissioner shall provide outreach to
554	554	526underserved consumers and consumers in communities with a high percentage of low-income
555	555	527households with information about the zero-emission vehicle incentive program established
556	556	528under this section.
557	557	529 (d) The commissioner shall publish and regularly update data regarding program usage
558	558	530including, but not limited to: (i) the number and amount of rebates or incentives provided each
559	559	531month; (ii) the make, model and type of vehicle for which the rebate or incentive was issued; (iii)
560	560	532the zip code in which the vehicle is registered; and (iv) the estimated total greenhouse gas
561	561	533emissions reductions achieved from the rebate or incentive issued.
562	562	534 SECTION 42. Section 94 of chapter 143 of the General Laws, is hereby amended by
563	563	535inserting after subsection (r) the following subsections:- 26 of 38
564	564	536 (s) In consultation with the department of energy resources, to adopt and fully integrate
565	565	537into the state building code requirements that new construction of commercial and residential
566	566	538buildings, as well as major reconstruction, renovation and repair of such buildings, include
567	567	539building electrical service, conduit systems, and level-2 or higher electric vehicle chargers
568	568	540sufficient to support the minimum number of zero-emission vehicle parking spaces; provided,
569	569	541however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1
570	570	542parking space or not less than 75 per cent of the total number of parking spaces, whichever is
571	571	543greater. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that
572	572	544produces no engine exhaust emissions.
573	573	545 (t) In consultation with the department of energy resources, to adopt and fully integrate
574	574	546into the state building code requirements that new construction of parking facilities as well as
575	575	547major reconstruction, renovation and repair of such facilities, include building building electrical
576	576	548service, and conduit systems, and level-2 or higher electric vehicle chargers sufficient to support
577	577	549the minimum number of zero-emission vehicle parking spaces; provided, however, that the
578	578	550minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not
579	579	551less than 75 per cent of the total number of parking spaces, whichever is greater.
580	580	552 SECTION 43. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking
581	581	553out, in lines 3 and 4, the words “may include requirements for electric vehicle charging for
582	582	554residential and appropriate commercial” and inserting in place thereof the following words:-
583	583	555shall include requirements for electric vehicle charging for appropriate residential and
584	584	556commercial. 27 of 38
585	585	557 SECTION 44. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
586	586	558Official Edition, is hereby amended by adding the following definitions:-
587	587	559 “Electric vehicles” are vehicles that rely solely on electric motors for propulsion and
588	588	560includes non-combustion vehicles.
589	589	561 “Zero-emission infrastructure” means electric battery chargers, trolleybus and railway
590	590	562catenary wire, and other equipment to support the operation of electric vehicles.
591	591	563 SECTION 43. Chapter 21N is hereby amended by inserting after Section 7, the following
592	592	564section:-
593	593	565 Section 7½. To contribute to the Commonwealth’s greenhouse gas reduction targets, the
594	594	566Secretary, in consultation with the department of energy resources, department of transportation,
595	595	567department of environmental protection, and department of public utilities, shall set and enforce
596	596	568targets for public fleet electrification.
597	597	569 (a) The Massachusetts Bay Transportation Authority shall operate a fully electric bus
598	598	570fleet by 2030 and meet the following interim targets: (i) 100 percent of all MBTA procurements
599	599	571shall be electric vehicles as defined in section 1 of chapter 90 by December 31, 2023; (ii) 40
600	600	572percent of all MBTA buses should be electric by 2025; (iii) 60 percent of all MBTA buses
601	601	573should be electric by 2027; (iv) 80 percent of all MBTA buses should be electric by 2028; (v) 90
602	602	574percent of all MBTA buses should be electric by 2029. The MBTA shall establish and meet
603	603	575goals for charging its bus infrastructure with renewable energy generating sources as defined in
604	604	576chapter 25A, section 11F. 28 of 38
605	605	577 (b) The MBTA shall work with the department of public health and department of
606	606	578environmental protection to establish air monitoring stations around bus maintenance facilities
607	607	579and to improve air quality around such facilities.
608	608	580 (c) The MBTA and its commuter rail contractor shall operate a fully electric commuter
609	609	581rail system by 2030.
610	610	582 (d) Regional transit authorities (RTAs) shall operate a fully electric bus fleet by 2035 and
611	611	583meet the following interim targets: (i) 100 percent of all RTA procurements shall be electric by
612	612	584December 31, 2026; (ii) 40 percent of all RTA buses should be electric by 2025; (iii) 60 percent
613	613	585of all RTA buses should be electric by 2028; (iv) 80 percent of all RTA buses should be electric
614	614	586by 2032; (v) 90 percent of all RTA buses should be electric by 2034.
615	615	587 SECTION 46. Chapter 161A is hereby amended by inserting the following paragraphs in
616	616	588section 7 after the term “under Section 6C”:
617	617	589 (a) The MBTA governing board shall establish deadlines for MBTA bus maintenance
618	618	590facilities to support an all electric bus fleet. Construction of new 100 percent electric bus garages
619	619	591and modernization of old garages, as needed for electric bus infrastructure, shall be complete at
620	620	592least one year prior to full bus fleet electrification in 2030.
621	621	593 (b) The MBTA governing board shall direct the MBTA to update and operate existing
622	622	594zero-emission vehicle infrastructure and to expand its zero-emission infrastructure. Removal of
623	623	595existing zero-emission infrastructure shall be permitted for temporary road, catenary, or public
624	624	596utility work. Any replacements for electric vehicles in operation must meet or exceed the
625	625	597availability of the current zero-emission fleet, with no auxiliary systems. For all diesel-electric
626	626	598hybrid buses, the MBTA shall develop robust monitoring about the locations where such buses 29 of 38
627	627	599are operating on diesel power versus electric power and provide this data to the public on a
628	628	600timely basis.
629	629	601 (c) The MBTA governing board shall direct the MBTA to operate electric buses with a
630	630	602priority for operating such buses on routes serving environmental justice populations. The
631	631	603MBTA governing board shall direct the MBTA to operate electric buses on bus routes serving
632	632	604residents of Chelsea, Everett, Revere, Somerville, Chinatown, Roxbury, Dorchester, Lynn, and
633	633	605Mattapan by 2025. The MBTA governing board shall direct MBTA staff to conduct robust
634	634	606community outreach and engagement with residents of environmental justice populations,
635	635	607municipal officials in cities and towns that have environmental justice populations, and with
636	636	608transportation and environmental justice advocates. The MBTA staff shall report to the MBTA
637	637	609governing board at least six times per year the progress of electrifying the bus and rail fleet. As
638	638	610part of the public reports, MBTA staff shall explain the cost analysis of all procurements of fossil
639	639	611fuel infrastructure and the reasons for procuring fossil fuel infrastructure in lieu of zero-emission
640	640	612infrastructure.
641	641	613 (d) The MBTA governing board shall electrify the commuter rail fleet in two phases.
642	642	614Phase I includes electrification of the Providence Line, Fairmount Line, and Newburyport /
643	643	615Rockport Line at least through the Beverly Depot Station by December 31, 2024. Phase II
644	644	616includes electrification of the Framingham/Worcester Line by December 31, 2026;
645	645	617Middleborough/ Lakeville Line by December 31, 2027, and the remaining routes that pass
646	646	618through environmental justice populations, but do not offer passenger service by December 31,
647	647	6192030: South Coast (Phase 2 via Downtown Taunton), Haverhill, Lowell, Fitchburg, Franklin,
648	648	620Plymouth/Kingston, Greenbush, Foxborough, Newburyport/ Rockport beyond Beverly Depot,
649	649	621Cape Cod Extension, NH Capitol Corridor. 30 of 38
650	650	622 SECTION 47. Section 6 of chapter 161B is hereby amended by adding after paragraph
651	651	623(r), the following paragraph:-
652	652	624 (s) The authorities shall operate electric buses with a priority for operating such buses on
653	653	625routes serving environmental justice populations. Authorities shall conduct robust community
654	654	626outreach and engagement with residents of environmental justice populations, municipal officials
655	655	627in cities and towns that have environmental justice populations, and with transportation and
656	656	628environmental justice advocates. The authorities shall report annually to the Regional Transit
657	657	629Authority Council pursuant to Section 27 of chapter 161B the progress of electrifying the bus
658	658	630fleet. As part of the public reports, authorities shall explain the cost analysis of all procurements
659	659	631of fossil fuel infrastructure and the reasons for procuring internal combustion engines and fossil
660	660	632fuel infrastructure in lieu of electric vehicles and zero-emission infrastructure.
661	661	633 SECTION 48. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
662	662	634Official Edition, is hereby amended by adding the following definitions:-
663	663	635 “Electric vehicles” are vehicles that rely solely on electric motors for propulsion and
664	664	636includes non-combustion vehicles.
665	665	637 “Emergency vehicle”, any publicly owned vehicle operated by a peace officer in
666	666	638performance of their duties, any authorized emergency vehicle used for fighting fires or
667	667	639responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an
668	668	640emergency medical technician or paramedic, or used for towing or servicing other vehicles, or
669	669	641repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement,
670	670	642vector control, or pest abatement agencies and used for those purposes, or any ambulance used
671	671	643by a private entity under contract with a public agency. 31 of 38
672	672	644 SECTION 49. Section 1 of chapter 21N is hereby amended by inserting the following
673	673	645definitions:
674	674	646 “Motor vehicles”, as defined in section 1 of chapter 90.
675	675	647 “Motor vehicle fleet” is a set of at least twenty-five motor vehicles under the same
676	676	648ownership or control and registered in the Commonwealth of Massachusetts.
677	677	649 “Motor vehicle fleet serving a public purpose” is a motor vehicle fleet of which a portion
678	678	650is leased, rented, or contracted by the Commonwealth of Massachusetts or a municipality or any
679	679	651political subdivision thereof from a person or entity other than the Commonwealth of
680	680	652Massachusetts or a municipality to provide a public service or for its own use, including school
681	681	653buses and paratransit vehicles.
682	682	654 “Public motor vehicle fleet” is a motor vehicle fleet owned by the Commonwealth of
683	683	655Massachusetts, a transportation authority, a school district, a public university, a quasi-public
684	684	656agency, or a municipality or in the shared ownership of multiple municipalities, or any political
685	685	657subdivision thereof. A public motor vehicle fleet includes vehicles under the same ownership of
686	686	658the Commonwealth or a municipality, even if a portion of the motor vehicle fleet is under the
687	687	659management or control of separate secretariats, departments, agencies, or offices.
688	688	660 “Electric vehicle”, as defined in section 1 of chapter 90.
689	689	661 SECTION 50. Chapter 21N is hereby amended by inserting after section 7 the following
690	690	662sections: -
691	691	663 Section 7A. The Secretary, in consultation with the department of energy resources,
692	692	664department of transportation, department of environmental protection, and department of public 32 of 38
693	693	665utilities, shall develop a transition to an electric motor vehicle fleet program and promulgate
694	694	666regulations to require the following motor vehicle fleet standards: (a) fifty percent of all public
695	695	667motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles
696	696	668by 2025; (b) seventy-five percent of all public motor vehicle fleets and motor vehicle fleets
697	697	669serving a public purpose shall be electric vehicles by 2027; and (c) one hundred percent of all
698	698	670public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric
699	699	671vehicles by 2030.
700	700	672 In reaching the Commonwealth’s public fleet requirements defined in this section, the
701	701	673Secretary shall prioritize for electrification any vehicles cited as medium- or high-priority by the
702	702	674study commissioned pursuant to section 6 of chapter 448 of the acts of 2016. To meet the
703	703	675deadlines established in this section, the Secretary shall prioritize electric vehicle deployment in
704	704	676locations serving environmental justice populations as defined in the general laws or, in the
705	705	677absence of a statutory definition, the environmental justice policy of the executive office of
706	706	678energy and environmental affairs, as may be amended.
707	707	679 Section 7B. Notwithstanding section 9A of chapter 7, vehicles subject to the electric
708	708	680vehicle public motor vehicle fleet program include: all public motor vehicle fleets, all motor
709	709	681vehicle fleets serving a public purpose, and all motor vehicle fleets that are owned, leased,
710	710	682rented, or contracted, by quasi-public agencies, excluding emergency vehicles. The Department
711	711	683of Energy Resources, with input from the Department of Environmental Protection, Department
712	712	684of Public Utilities, and Department of Transportation, shall: (i) establish goals for private motor
713	713	685vehicle fleets conversion; (ii) identify and implement incentives to support electric vehicle
714	714	686purchases; (iii) work with owners of motor vehicle fleets used, at least in part, for the purpose of
715	715	687commercial ride-sharing and ride-hailing and passenger transportation, including vehicles 33 of 38
716	716	688regulated pursuant to chapter 159A½ to transition to electric vehicles; (iv) work with owners of
717	717	689motor vehicle fleets used for public transportation licensed to operate in the Commonwealth
718	718	690pursuant to chapter 90 or chapter 159A to transition to electric vehicles; and (v) work with
719	719	691owners of motor vehicle fleets used as commercial motor carriers, freight services, limousine
720	720	692services, and taxis registered to operate in the Commonwealth to transition to electric vehicles.
721	721	693 Section 7C. The Secretary, in consultation with the executive office for administration
722	722	694and finance, shall require that new motor vehicles purchased by the Commonwealth shall be
723	723	695electric vehicles according to the following deadlines:(i) forty percent of all purchases in 2024;
724	724	696(ii) sixty percent of all purchases in 2025; (iii) eighty percent of all purchases in 2026; (iv) ninety
725	725	697percent of all purchases in 2027; and (v) one hundred percent of all purchases in 2028.
726	726	698 Section 7D. The Department of Energy Resources shall design and implement an
727	727	699incentive program to encourage the conversion of private fleets to electric vehicles. Should an
728	728	700owner of a motor vehicle fleet fail to comply with electric vehicle program requirements, the
729	729	701Department of Energy Resources shall remove the incentive for that owner and require
730	730	702reimbursement of the incentive. As part of the incentive program, the Department of Energy
731	731	703Resources shall ensure a specific pool of funds, not less than ten percent of all funds allocated to
732	732	704the incentive program, is available to municipalities to promote the transition to electric vehicle
733	733	705motor vehicle fleet.
734	734	706 SECTION 51. Beginning in 2024 and every five years thereafter through 2040, the
735	735	707Secretary shall submit a report to the Legislature that measures the Commonwealth’s progress
736	736	708towards implementation of the electric vehicle motor vehicle fleet program. The report shall: (i)
737	737	709assess the electric vehicle market in the Commonwealth; (ii) identify funding sources to serve as 34 of 38
738	738	710incentives for purchasing electric vehicles to offset costs to agencies, municipalities, and
739	739	711businesses; (iii) identify barriers to increased penetration of electric vehicles; and (iv)
740	740	712recommend legislative and regulatory action to address those barriers.
741	741	713 SECTION 52. The Secretary may provide education, training, and technical assistance to
742	742	714motor vehicle fleet operators to support electric vehicle penetration.
743	743	715 SECTION 53. The regulations required pursuant to sections 7A through 7D of said
744	744	716chapter 21N shall be promulgated and in effect not later than 270 days following the effective
745	745	717date.
746	746	718 SECTION 54. Section 6 of chapter 25A of the General Laws, is hereby amended by
747	747	719inserting after clause (11) the following clause:-
748	748	720 (12) develop and adopt, as an appendix to the state building code, in consultation with the
749	749	721board of building regulations and standards, a specialized net-zero energy code that includes, but
750	750	722is not limited to, a definition of net-zero building.
751	751	723 SECTION 55. Section 96 of said chapter 143, as so appearing, is hereby amended by
752	752	724inserting, in line 7, after the word “to” the following words:- , the specialized net-zero energy
753	753	725code developed and adopted by the department of energy resources.
754	754	726 SECTION 56. Section 97 of said chapter 143, as so appearing, is hereby amended by
755	755	727striking out, in line 22, the words “a reasonable time” and inserting in place thereof the following
756	756	728words:- 45 days.
757	757	729 SECTION 57. To develop the specialized net-zero energy code required by section 6 of
758	758	730chapter 25A of the General Laws, the department of energy resources shall hold not less than 5 35 of 38
759	759	731public hearings in geographically diverse locations throughout the commonwealth that shall
760	760	732represent the distinguishing characteristics of rural, suburban and urban households, 3 of which
761	761	733shall be held in an underserved community or community with a high percentage of low-income
762	762	734households. The specialized net-zero energy code required by said section 6 of said chapter 25A
763	763	735shall be developed, adopted and incorporated as an appendix to the state building code not later
764	764	736than 1 year after the passage of this act.
765	765	737 SECTION 58. Section 94 of chapter 143 of the General Laws, is hereby amended by
766	766	738striking out subsection (o) and inserting in place thereof the following subsection:-
767	767	739 (o) To adopt and fully integrate as part of the state building code: (i) the latest
768	768	740International Energy Conservation Code, (ii) the net-zero energy code required by section 6 of
769	769	741chapter 25A of the General Laws for new residential construction beginning on January 1st
770	770	7422025, (iii) the net-zero energy code required by said section 6 of said chapter 25A for new
771	771	743commercial construction beginning on January 1st 2028, and (iv) any more stringent energy-
772	772	744efficiency provisions that the board, in consultation with the department of energy resources,
773	773	745concludes are necessary to achieve the emissions limits established by subsection (b) of section 3
774	774	746of chapter 21N of the General Laws as amended, and the renewable energy requirements
775	775	747established by subsection (a) of section 3 of chapter 25D of the General Laws as amended. The
776	776	748energy provisions of the state building code shall be updated within 1 year of any revision to the
777	777	749International Energy Conservation Code.
778	778	750 SECTION 59. Section 94 of chapter 143 of the General Laws, is hereby amended by
779	779	751striking out subsection (q) and inserting in place thereof the following subsection:- 36 of 38
780	780	752 (q) In consultation with the department of energy resources, to develop requirements and
781	781	753promulgate regulations as part of the state building code, in addition to the requirements
782	782	754enumerated in subsection (o) of Section 94 of chapter 143 of the General Laws, requiring a
783	783	755process to ensure that all new non-residential buildings larger than 10,000 square feet and any
784	784	756major reconstruction, alteration or repair of all such buildings perform as designed with respect
785	785	757to energy consumption by undergoing building commissioning or acceptance testing. Such
786	786	758commissioning must be completed before the issuance of a certificate of occupancy.
787	787	759 SECTION 60. Amendments to the state building and electric code required under section
788	788	760A4 and A8 shall be in effect not later than 18 months after the effective date of this act.
789	789	761 SECTION 61. Chapter 121B of the General Laws is hereby amended by inserting after
790	790	762section 38D the following section:-
791	791	763 Section 38D ½. (a) The department shall develop a program to transition the entire public
792	792	764housing stock of the Commonwealth into highly energy-efficient homes that produce on-site, or
793	793	765procure, enough carbon-free renewable energy to meet total energy consumption annually.
794	794	766 (b) Projects pursuant to this section may include a mix of extremely low income
795	795	767households, low or moderate income households and market-rate housing and may utilize any
796	796	768available source of rental subsidy or financial assistance.(c) The local housing authority shall: (i)
797	797	769comply with section 12, related to wages, labor requirements and the Social Security Act; (ii)
798	798	770comply with section 29, related to wage rates and collective bargaining; (iii) retain the same
799	799	771number of public housing units as existed before participation in this program and to the greatest
800	800	772extent possible: (A) provide for full tenant participation, including public hearings, on adoption
801	801	773or material amendment of its annual plan as required under subsection (h); (B) provide for a 37 of 38
802	802	774tenant lease and grievance procedure substantially similar to that in effect prior to entry into this
803	803	775program; (C) provide that evictions shall be only for good cause; (D) assure that housing assisted
804	804	776under this program is decent, safe and sanitary and that, excepting any market-rate housing, the
805	805	777housing is deed restricted to occupancy by extremely low income households, very low income
806	806	778households or low and moderate income households at affordable rents or sales prices, in
807	807	779perpetuity or for such other term as may be approved by the department, consistent with funding
808	808	780sources; and (E) assure that proceeds from the disposition of public housing and funds generated
809	809	781from new affordable and market-rate housing created to replace public housing, unless restricted
810	810	782to a particular use, shall be allocated to the reconstruction, rehabilitation or repair of public
811	811	783housing developments; (iv) assure that if a participating housing authority redevelops its public
812	812	784housing units, all households residing in the units at the time of planned redevelopment shall
813	813	785receive relocation assistance, if eligible, under this chapter or other applicable statutes; provided
814	814	786however, that such households shall have the right to return to the redeveloped public housing,
815	815	787unless such household is determined to be in unlawful occupancy prior to the approval of the
816	816	788housing authority's application, has materially breached the lease agreement or has been evicted
817	817	789for cause, under applicable law, subject to units of the appropriate size and requirements being
818	818	790available; provided further, that such households shall have priority for placement over new
819	819	791applicants; (v) comply with chapter 334 of the acts of 2006; and (vi) comply with the audit
820	820	792requirements of section 29.
821	821	793 (d) The department shall maximize tenant participation and management by low- and
822	822	794very low-income individuals in the rehabilitation, upgrade, and transition of public housing
823	823	795through education, training, and jobs, all of which are to be funded by the Workforce Training
824	824	796Fund established in section 2RR of chapter 29. 38 of 38
825	825	797 SECTION 62. Chapter 21N of the General Laws is hereby amended by inserting after
826	826	798section 11 the following section:-
827	827	799 Section 12. To achieve the mobilization required to reach 100% renewable electricity and
828	828	800energy by 2030, a just transition for workers is necessary. The attorney general must ensure that
829	829	801the following criteria are met amidst this energy transition:
830	830	802 (a) Any job created in the transition to 100% renewables must be a high-quality union job
831	831	803with guaranteed wage and benefit parity for workers affected by the transition.
832	832	804 (b) Workers affected by the energy transition, including but not limited to fossil fuel
833	833	805workers, mechanics, laborers, are to be prioritized for training and advancement opportunities
834	834	806that allow for them to shift to renewable energy jobs.
835	835	807 (c) After the training referenced in subsection b has been completed, workers affected by
836	836	808the transition are guaranteed a job created in the mobilization to 100% renewables, and will be
837	837	809prioritized over other applicants.
838	838	810 (d) The commonwealth, through the powers of the attorney general, will fund and
839	839	811provide pensions for workers impacted by the transition age 50 or older who elect to retire early
840	840	812in lieu of participation in the training programs described in subsection (b).
841	841	813 (e) The commonwealth, through the department of labor services, will fund training and
842	842	814advancement opportunities, pensions, and the wage and benefit parity for each worker affected
843	843	815by the transition.