Massachusetts 2023 2023-2024 Regular Session

Massachusetts Senate Bill S2148 Introduced / Bill

Filed 02/16/2023

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SENATE DOCKET, NO. 1856       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 2148
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul W. Mark
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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 solar for state agencies.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Paul W. MarkBerkshire, Hampden, Franklin and 
Hampshire 1 of 3
SENATE DOCKET, NO. 1856       FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 2148
By Mr. Mark, a petition (accompanied by bill, Senate, No. 2148) of Paul W. Mark for legislation 
to require state agencies that initiate construction of new facilities or renovation of existing 
facilities to install solar energy systems on or near such facilities. Telecommunications, Utilities 
and Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3342 OF 2021-2022.]
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 solar for state agencies.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Chapter 7C of the General Laws is hereby amended by inserting after section 29 the 
2following section:-
3 Section 29A. (a) As used in this section the following words shall have the following 
4meanings unless the context clearly requires otherwise:-
5 “Effective solar area,” the portion of a building roof on which the output from a solar 
6energy system, taking into account shading from existing permanent natural or manmade barriers 
7external to the building (including but not limited to trees, hills, and adjacent structures), would 
8be equivalent to 70 percent or greater of the output of an unshaded solar energy system on an 
9annual basis. 2 of 3
10 “Solar energy system”, any system that uses solar energy to provide all or a portion of the 
11electrical needs of a building.
12 “Substitute renewable energy system”, any system that uses renewable energy resources 
13other than solar energy to provide for all or a portion of the electrical needs of a building; 
14provided, that a renewable energy system shall use a technology eligible for the renewable 
15portfolio standard under subsection (c) of section 11F of chapter 25A of the General Laws.
16 (b) Beginning on January 1, 2024, the commissioner shall require a state agency that 
17initiates the construction of a new facility owned or operated by the commonwealth or a 
18renovation of an existing facility owned or operated by the commonwealth when the renovation 
19costs exceed $25,000 and includes the replacement of systems, components or other building 
20elements which affect energy consumption to install a solar energy system on or near the facility.
21 (c) If the effective solar area is sufficiently large, the solar energy system shall produce 
22enough electricity on an annual basis to meet 100 percent of the projected annual electricity 
23demand of the building.
24 (d) If the effective solar area is insufficient to meet 100 percent of the building’s 
25projected annual electricity demand, the state agency shall either (1) install a solar energy system 
26occupying as much of the effective solar area as possible, or (2) install a ground-mounted solar 
27energy system, provided that the installation of a ground-mounted solar energy system does not 
28cause an unacceptable negative impact to the commonwealth’s natural or historic resources, and 
29provided that the solar energy system shall be sized to meet 100 percent of the building’s 
30projected annual electricity demand or the maximum possible given the available space. 3 of 3
31 (e) An agency may seek an exemption from the requirements of this section if the 
32effective solar area is less than 80 contiguous square feet and there is no suitable location for a 
33ground-mounted solar energy system.
34 (f) An agency may seek an exemption from the requirements of this section if a substitute 
35renewable energy system will be installed at the time of construction meeting 100 percent of the 
36building’s projected annual electricity demand, or producing an equivalent amount of electricity 
37on an annual basis as the largest solar energy facility possible under subsection (d) of this 
38section. An agency may seek a reduction in the required size of a solar energy system upon a 
39sufficient showing that a substitute renewable energy system will be installed at the time of 
40construction, producing sufficient electricity on an annual basis to offset the reduction in 
41electricity produced by the solar energy system.