Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2829 Compare Versions

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

Old	New	Differences
1	1	SENATE . . . . . . . . . . . . . . No. 2829
2	2	The Commonwealth of Massachusetts
3	3	_______________
4	4	In the One Hundred and Ninety-Third General Court
5	5	(2023-2024)
6	6	_______________
7	7	SENATE, June 17, 2024.
8	8	The committee on Senate Ways and Means to whom was referred the Senate Bill
9	9	advancing grid enhancement technologies (Senate, No. 2531) (also based on Senate, Nos. 2079,
10	10	2082, 2090, 2096, 2097, 2100, 2105, 2110, 2140, 2157, 2170, 2172 and 2529), - reports,
11	11	recommending that the same ought to pass with an amendment substituting a new draft entitled
12	12	“An Act upgrading the grid and protecting ratepayers (Senate, No. 2829). (Senator Fattman
13	13	dissenting).
14	14	For the committee,
15	15	Michael J. Rodrigues 1 of 96
16	16	FILED ON: 6/17/2024
17	17	SENATE . . . . . . . . . . . . . . No. 2829
18	18	The Commonwealth of Massachusetts
19	19	_______________
20	20	In the One Hundred and Ninety-Third General Court
21	21	(2023-2024)
22	22	_______________
23	23	An Act upgrading the grid and protecting ratepayers.
24	24	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
25	25	of the same, as follows:
26	26	1 SECTION 1. Section 30 of chapter 7C of the General Laws, as appearing in the 2022
27	27	2Official Edition, is hereby amended by inserting after the word “of”, in line 4, the second time it
28	28	3appears, the following words:- , energy efficiency of and greenhouse gas emissions directly
29	29	4attributable to.
30	30	5 SECTION 2. Said section 30 of said chapter 7C, as so appearing, is hereby further
31	31	6amended by striking out, in lines 10 and 11, the words “energy conservation maintenance and
32	32	7operating procedures” and inserting in place thereof the following words:- maintenance and
33	33	8operating procedures for energy conservation, energy efficiency and greenhouse gas emissions
34	34	9reductions.
35	35	10 SECTION 3. Said section 30 of said chapter 7C, as so appearing, is hereby further
36	36	11amended by striking out, in line 13, the words “energy efficiency standards” and inserting in
37	37	12place thereof the following words:- standards for energy efficiency and greenhouse gas
38	38	13emissions reductions. 2 of 96
39	39	14 SECTION 4. Section 31 of said chapter 7C, as so appearing, is hereby amended by
40	40	15striking out the first paragraph and inserting in place thereof the following paragraph:-
41	41	16 The division of capital asset management and maintenance shall evaluate the potential for
42	42	17increasing energy efficiency and reducing greenhouse gas emissions, including, but not limited
43	43	18to, by installing and maintaining electric vehicle supply equipment, as defined in section 2 of
44	44	19chapter 25B, in each building owned by an authority or state agency or leased by such authority
45	45	20or agency for not less than a 10-year period.
46	46	21 SECTION 5. Chapter 21A of the General Laws is hereby amended by adding the
47	47	22following 2 sections:-
48	48	23 Section 29. There shall be an office of environmental justice and equity within the
49	49	24executive office of energy and environmental affairs, which shall be administered by an
50	50	25undersecretary of environmental justice and equity who shall be appointed and may be removed
51	51	26by the secretary. The office shall be responsible for implementing environmental justice
52	52	27principles as defined in section 62 of chapter 30 in the operation of each office and agency under
53	53	28the executive office. The office shall develop standards and guidelines governing the potential
54	54	29use and applicability of community benefit plans and agreements and cumulative impact
55	55	30analyses in developing energy infrastructure with input from representatives from utilities, the
56	56	31renewable energy industry, local governments, low and moderate income community
57	57	32organizations, environmental sectors and other representatives as deemed appropriate by the
58	58	33office.
59	59	34 Section 30. The executive office of energy and environmental affairs shall establish and
60	60	35periodically update a methodology for determining the suitability of sites for clean energy 3 of 96
61	61	36generation facilities, clean energy storage facilities and clean transmission and distribution
62	62	37infrastructure facilities in newly established public rights of way. The methodology shall include
63	63	38multiple geospatial screening criteria to evaluate sites for development potential, climate change
64	64	39resilience, carbon storage and sequestration, biodiversity and social and environmental benefits
65	65	40and burdens. The office shall require facility development project proponents to avoid or
66	66	41minimize or, if avoidance or minimization is impossible, mitigate siting impacts and
67	67	42environmental and land use concerns. The executive office shall develop and periodically update
68	68	43guidance to inform state, regional and local regulations, ordinances, by-laws and permitting
69	69	44processes on ways to avoid, minimize or mitigate impacts on the environment and people to the
70	70	45greatest extent practicable.
71	71	46 SECTION 6. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby
72	72	47amended by striking out the definitions of “Clean energy” and “Clean energy research” and
73	73	48inserting in place thereof the following 2 definitions:-
74	74	49 “Clean energy”, advanced and applied technologies that significantly reduce or eliminate
75	75	50the use of energy from non-renewable sources including, but not limited to: (i) energy efficiency;
76	76	51(ii) demand response; (iii) energy conservation; (iv) carbon dioxide removal; (v) embodied
77	77	52carbon reduction; or (vi) technologies powered, in whole or in part, by the sun, wind, water,
78	78	53geothermal energy, including networked geothermal and deep geothermal energy, hydrogen
79	79	54produced by non-fossil fuel sources and methods, alcohol, fuel cells, fusion energy, any other
80	80	55renewable, non-depletable or recyclable fuel and nuclear fission; provided, however, that “clean
81	81	56energy” shall include an alternative energy generating source as defined in clauses (i) to (vi),
82	82	57inclusive, of subsection (a) of section 11F½ of chapter 25A. 4 of 96
83	83	58 “Clean energy research”, advanced and applied research in new clean energy
84	84	59technologies including: (i) solar photovoltaic; (ii) solar thermal; (iii) wind power; (iv) geothermal
85	85	60energy, including networked geothermal and deep geothermal energy; (v) wave and tidal energy;
86	86	61(vi) advanced hydropower; (vii) energy transmission and distribution; (viii) energy storage; (ix)
87	87	62renewable biofuels, including ethanol, biodiesel and advanced biofuels; (x) renewable,
88	88	63biodegradable chemicals; (xi) advanced thermal-to-energy conversion; (xii) fusion energy; (xiii)
89	89	64hydrogen produced by non-fossil fuel sources and methods; (xiv) carbon capture and
90	90	65sequestration; (xv) carbon dioxide removal; (xvi) energy monitoring; (xvii) green building
91	91	66materials and embodied carbon reduction; (xviii) energy efficiency; (xix) energy-efficient
92	92	67lighting; (xx) gasification and conversion of gas to liquid fuels; (xxi) industrial energy
93	93	68efficiency; (xxii) demand-side management; (xxiii) fuel cells; and (xxiv) nuclear fission;
94	94	69provided, however, that “clean energy research” shall not include advanced and applied research
95	95	70in coal, oil or natural gas.
96	96	71 SECTION 7. Chapter 25 of the General Laws is hereby amended by striking out section
97	97	7212N, as so appearing, and inserting in place thereof the following section:-
98	98	73 Section 12N. There is hereby established within the department and under the general
99	99	74supervision and control of the commission a facility siting division, which shall be under the
100	100	75charge of a director appointed by the commission. This division, subject to such supervision and
101	101	76control, shall perform such functions as the commission deems necessary for the administration,
102	102	77implementation and enforcement of sections 69G to 69W, inclusive, of chapter 164 imposed
103	103	78upon the department and the energy facilities siting board. 5 of 96
104	104	79 The division shall maintain a clean energy infrastructure dashboard. The division shall, in
105	105	80cooperation with the executive office of energy and environmental affairs and its affiliated
106	106	81departments and offices, create, maintain and update the dashboard by collecting, facilitating the
107	107	82collection of and reporting comprehensive data and information related to: (i) accelerating the
108	108	83responsible deployment of clean energy infrastructure through siting and permitting reform in a
109	109	84manner consistent with applicable legal requirements including, but not limited to, emissions
110	110	85limits and sublimits set under chapter 21N; (ii) facilitating community input into the siting and
111	111	86permitting of clean energy infrastructure; and (iii) ensuring that the benefits of clean energy
112	112	87deployment are shared equitably among all residents of the commonwealth; provided, however,
113	113	88that the dashboard shall, at a minimum, report for the most recent reporting period and in the
114	114	89aggregate the number of facility applications filed, decided or pending information including, but
115	115	90not limited to: (a) the number of applications deemed incomplete and the number of applications
116	116	91constructively approved; (b) the average duration of application review; and (c) average staffing
117	117	92levels delineated by job classification. The dashboard shall make use of bar charts, line charts
118	118	93and other visual representations in order to facilitate public understanding of both recent
119	119	94performance and long-term and cumulative trends and outcomes of clean energy deployment.
120	120	95The division shall convene a stakeholder process for the purpose of developing and informing
121	121	96the design and content of the dashboard.
122	122	97 SECTION 8. The first paragraph of section 12Q of said chapter 25, as so appearing, is
123	123	98hereby amended by striking out the second sentence and inserting in place thereof the following
124	124	99sentence:- The department shall credit to the fund: (i) appropriations or other money authorized
125	125	100or transferred by the general court and specifically designated to be credited to the fund; (ii) 6 of 96
126	126	101application fees collected pursuant to section 69J1/2 of chapter 164; and (iii) income derived
127	127	102from the investment of amounts credited to the fund.
128	128	103 SECTION 9. Said chapter 25 is hereby further amended by inserting after section 12R the
129	129	104following 2 sections:-
130	130	105 Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting
131	131	106Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or
132	132	107other money authorized or transferred by the general court and specifically designated to be
133	133	108credited to the fund; (ii) a portion of application fees, as determined by the department, collected
134	134	109pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iii) any non-ratepayer
135	135	110funded sources obtained through gifts, grants, contributions and bequests of funds from any
136	136	111department, agency or subdivision of federal, state or municipal government or any individual,
137	137	112foundation, corporation, association or public authority; and (iv) income derived from the
138	138	113investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust
139	139	114and shall be expended solely, without further appropriation, for the purposes set forth in section
140	140	115149 of chapter 164, consistent with the requirements set forth in said section 149 of said chapter
141	141	116164 and any regulations promulgated thereunder. Any unexpended balance in the fund at the
142	142	117close of a fiscal year shall remain in the fund and shall not revert and shall be available for
143	143	118expenditure in subsequent fiscal years.
144	144	119 Section 12T. There shall be a division of public participation within the department and
145	145	120under the general supervision and control of the commission, which shall be under the charge of
146	146	121a director appointed by the commission. The division, subject to such supervision and control,
147	147	122shall perform such functions as the commission may determine and shall be responsible for 7 of 96
148	148	123assisting individuals, local governments, community organizations and other entities with
149	149	124business before the department or the energy facilities siting board. With respect to matters
150	150	125before the department, the division shall assist such parties with navigating filing requirements,
151	151	126opportunities to provide comment and intervene and facilitating dialogue among parties to
152	152	127proceedings. With respect to siting and permitting matters under the jurisdiction of the energy
153	153	128facilities siting board, the division shall assist individuals, local governments, community
154	154	129organizations, project applicants, and other entities with navigating pre-filing consultation and
155	155	130engagement requirements, clarifying filing requirements, identifying opportunities to intervene
156	156	131and facilitating dialogue among stakeholders involved in the permitting process and shall assist
157	157	132with coordinating with other state, regional and local officials, including the office of
158	158	133environmental justice and equity established by section 29 of chapter 21A, involved in pre-filing
159	159	134consultation and engagement processes and permitting processes generally. The director and
160	160	135staff of the division shall not participate as adjudicatory staff in matters before the department or
161	161	136in reviewing applications submitted to the energy facilities siting board, nor shall they serve as
162	162	137legal counsel to or otherwise represent any party before the department or the energy facilities
163	163	138siting board. The director shall be responsible for making final determinations with respect to
164	164	139intervenor funding support requests made pursuant to section 149 of chapter 164 and
165	165	140administering all aspects of the intervenor support grant program established pursuant to said
166	166	141section 149 of said chapter 164.
167	167	142 SECTION 10. Section 22 of chapter 25 of the General Laws, as most recently amended
168	168	143by section 140 of chapter 7 of the acts of 2023, is hereby further amended by striking out, in line
169	169	1446, the words “the manufacturing industry” and inserting in place thereof the following words:-
170	170	145low and moderate income interests. 8 of 96
171	171	146 SECTION 11. Said section 22 of said chapter 25, as so amended, is hereby further
172	172	147amended by striking out, in line 7, the words “organized labor” and inserting in place thereof the
173	173	148following words:- workforce development and organized labor.
174	174	149 SECTION 12. Said section 22 of said chapter 25, as so amended, is hereby further
175	175	150amended by striking out, in lines 11 and 12, the words “employing fewer than 10 persons”.
176	176	151 SECTION 13. Said section 22 of said chapter 25, as so amended, is hereby further
177	177	152amended by striking out, in lines 24 and 25, the words “energy efficiency businesses” and
178	178	153inserting in place thereof the following words:- the Massachusetts clean energy center.
179	179	154 SECTION 14. Said section 22 of said chapter 25 is hereby further amended by striking
180	180	155out subsection (b), as appearing in the 2022 Official Edition, and inserting in place thereof the
181	181	156following subsection:-
182	182	157 (b) The council shall, as part of the approval process by the department, seek to: (i)
183	183	158maximize net economic benefits through energy efficiency, demand management and beneficial
184	184	159electrification resources; and (ii) achieve energy, capacity, climate and environmental goals
185	185	160through a sustained and integrated statewide energy efficiency and decarbonization effort.
186	186	161 The council shall: (i) review and approve plans and budgets; (ii) work with program
187	187	162administrators in preparing energy resource assessments; (iii) determine the economic, system
188	188	163reliability, climate and air quality benefits of energy efficiency, demand management and
189	189	164beneficial electrification resources; (iv) conduct and recommend relevant research; and (v)
190	190	165recommend long-term energy efficiency, demand management and beneficial electrification
191	191	166goals consistent with meeting greenhouse gas emissions limits and sublimits imposed by law or
192	192	167regulation and with mitigating ratepayer impacts. Approval of energy efficiency, demand 9 of 96
193	193	168management and beneficial electrification plans and budgets shall require a 2/3 vote. The
194	194	169council shall, as part of its review of plans, examine opportunities to offer joint programs. Any
195	195	170costs for such joint programs shall be allocated equitably among the efficiency programs.
196	196	171 SECTION 15. Section 2 of chapter 25A of the General Laws, as so appearing, is hereby
197	197	172amended by striking the second paragraph and inserting in place thereof the following
198	198	173paragraph:-
199	199	174 There shall be within the department 5 divisions: (i) a division of energy efficiency,
200	200	175which shall work with the department of public utilities regarding energy efficiency programs;
201	201	176(ii) a division of renewable and alternative energy development, which shall oversee and
202	202	177coordinate activities that seek to maximize the installation of renewable and alternative energy
203	203	178generating sources that will provide benefits to ratepayers, advance the production and use of
204	204	179biofuels and other alternative fuels as the division may define by regulation and administer the
205	205	180renewable portfolio standard and the alternative portfolio standard; (iii) a division of green
206	206	181communities, which shall serve as the principal point of contact for local governments and other
207	207	182governmental bodies concerning all matters under the jurisdiction of the department of energy
208	208	183resources, with the exception of matters involving the siting and permitting of small clean energy
209	209	184infrastructure facilities; (iv) a division of clean energy procurement, which shall develop
210	210	185resource solicitation plans, administer procurements for clean energy generation and energy
211	211	186services and negotiate and manage contracts with clean energy generation and energy service
212	212	187facilities as required by section 21; and (v) a division of clean energy siting and permitting,
213	213	188which shall establish standard conditions, criteria and requirements for the siting and permitting
214	214	189of small clean energy infrastructure facilities by local governments and provide technical support
215	215	190and assistance to local governments, small clean energy infrastructure facility project proponents 10 of 96
216	216	191and other stakeholders impacted by the siting and permitting of small clean energy infrastructure
217	217	192facilities at the local government level. Each division shall be headed by a director appointed by
218	218	193the commissioner and who shall be a person of skill and experience in the field of energy
219	219	194efficiency, renewable energy or alternative energy, energy regulation or policy and land use and
220	220	195planning, respectively. The directors shall be the executive and administrative heads of their
221	221	196respective divisions and shall be responsible for administering and enforcing the law relative to
222	222	197their division and to each administrative unit thereof under the supervision, direction and control
223	223	198of the commissioner. The directors shall serve at the pleasure of the commissioner, shall receive
224	224	199such salary as may be determined by law and shall devote full time during regular business hours
225	225	200to the duties of the office. In the case of an absence or vacancy in the office of any director, or in
226	226	201the case of disability as determined by the commissioner, the commissioner may designate an
227	227	202acting director to serve as director until the vacancy is filled or the absence or disability ceases.
228	228	203The acting director shall have all the powers and duties of the director and shall have similar
229	229	204qualifications as the director.
230	230	205 SECTION 16. Section 6 of said chapter 25A, as so appearing, is hereby amended by
231	231	206striking out, in lines 56 and 57, the words “and (14)” and inserting in place thereof the following
232	232	207words:-
233	233	208 (14) develop resource solicitation plans, conduct procurements pursuant to said plans as
234	234	209approved by the department of public utilities and negotiate and execute contracts with clean
235	235	210energy generation and energy services providers pursuant to section 21; and 11 of 96
236	236	211 (15) develop and promulgate regulations, criteria, guidelines, standard conditions and
237	237	212requirements that establish parameters for the siting, zoning, review and permitting of small
238	238	213clean energy infrastructure facilities by local governments pursuant to section 22; and
239	239	214 (16).
240	240	215 SECTION 17. Section 7 of said chapter 25A, as so appearing, is hereby amended by
241	241	216striking out, in lines 21 and 22, the words “with total storage capacity of fifty thousand gallons”.
242	242	217 SECTION 18. Said Section 7 of said chapter 25A, as so appearing, is hereby further
243	243	218amended by striking out the third paragraph and inserting in place thereof the following 2
244	244	219paragraphs:-
245	245	220 All electric and gas companies, transmission companies, distribution companies,
246	246	221suppliers and aggregators, as defined in section 1 of chapter 164, and suppliers of natural gas,
247	247	222including aggregators, marketers, brokers and marketing affiliates of gas companies, excluding
248	248	223gas companies, as defined in said section 1 of said chapter 164, engaged in distributing or selling
249	249	224electricity or natural gas in the commonwealth shall make accurate reports to the department in
250	250	225such form and at such times, which shall be at least quarterly, as the department shall require
251	251	226pursuant to this section. Each such company, supplier and aggregator shall report semi-annually
252	252	227to the department the average of all rates charged for default, low-income and standard offer
253	253	228service to each customer class and for each subclass within the residential class, respectively;
254	254	229provided, however, that all such rate information so reported pursuant to this paragraph shall be
255	255	230deemed public information and no such rate information shall be protected as a trade secret,
256	256	231confidential, competitively sensitive or other proprietary information pursuant to section 5D of
257	257	232chapter 25. Each such company, supplier and aggregator shall report to the department, in such 12 of 96
258	258	233form and at such times as the department shall require, detailed and accurate information
259	259	234including, but not limited to, data regarding number of customers, load served, amounts, in
260	260	235dollars, billed to customers, renewable and clean energy attribute certificate purchases and
261	261	236supply product offerings. The department shall make such information, or aggregates of such
262	262	237information, available to the public on its website.
263	263	238 All resellers of petroleum products, including retail heating oil and propane suppliers,
264	264	239doing business in the commonwealth shall make accurate reports of price, inventory and product
265	265	240delivery data to the department in such form and at such time as the department shall require. A
266	266	241retail heating oil or propane supplier who operates in the commonwealth shall make the daily
267	267	242delivery price of heating oil or propane for residential heating customers available in a clear and
268	268	243conspicuous manner. If the retail heating oil or propane supplier operates a website for
269	269	244commonwealth customers, the daily delivery price shall be clearly and conspicuously displayed
270	270	245on the dealer’s website.
271	271	246 SECTION 19. Section 11F1/2 of said chapter 25A, as so appearing, is hereby amended
272	272	247by striking out, in line 18, the words “naturally occurring”.
273	273	248 SECTION 20. Section 12 of said chapter 25A is hereby repealed.
274	274	249 SECTION 21. Said chapter 25A is hereby further amended by inserting after section 20
275	275	250the following 2 sections:-
276	276	251 Section 21. (a) As used in this section, the following words shall have the following
277	277	252meanings unless the context clearly requires otherwise:- 13 of 96
278	278	253 “Clean energy generation”, electrical energy output, or that portion of the electrical
279	279	254energy output, excluding any electrical energy utilized for parasitic load of a clean existing
280	280	255generation unit, that qualifies under clean energy standard regulations established pursuant to
281	281	256subsection (c) of section 3 of chapter 21N.
282	282	257 “Clean energy solicitation”, a competitive solicitation for clean energy associated
283	283	258environmental attributes or energy services completed by the department conducted pursuant to
284	284	259this section.
285	285	260 “Distribution company”, a distribution company as defined in section 1 of chapter 164.
286	286	261 “Energy services”, operation of infrastructure that increases the deliverability or
287	287	262reliability of clean energy generation or reduces the cost of clean energy generation, including,
288	288	263but not limited to, transmission, energy storage and demand response technologies.
289	289	264 “Environmental attributes”, all present and future attributes under any and all
290	290	265international, federal, regional, state or other law or market, including, but not limited to, all
291	291	266credits or certificates that are associated, either now or by future action, with unit specific clean
292	292	267energy generation, including, but not limited to, those provided for in regulations promulgated
293	293	268pursuant to subsection (c) of section 3 of chapter 21N and sections 11F and 17.
294	294	269 “Long-term contract” a contract for a period of not more than 20 years.
295	295	270 (b) Notwithstanding any general or special law to the contrary, in order to maximize the
296	296	271commonwealth’s ability to achieve compliance with limits and sublimits established pursuant to
297	297	272sections 3 and 3A of chapter 21N, the department shall investigate the necessity, benefits and
298	298	273risks of solicitations for energy services, competitively solicit for environmental attributes or 14 of 96
299	299	274energy services established pursuant to said sections 3 and 3A of said chapter 21N and may
300	300	275negotiate and enter into long-term contracts for such environmental attributes or energy services.
301	301	276 (c) Not less than every 3 years, the department shall publish a resource solicitation plan,
302	302	277which shall include, but not be limited to, the following elements: (i) a description of the clean
303	303	278energy generation needs sufficient to maximize the commonwealth’s ability to achieve
304	304	279compliance with limits and sublimits established pursuant to sections 3 and 3A of chapter 21N,
305	305	280including resource generation type, nameplate capacity amounts and commercial operation dates
306	306	281for new resources; (ii) a schedule recommendation for clean energy solicitations that the
307	307	282department will conduct within the next 3 years; (iii) economic development objectives and
308	308	283requirements for the clean energy solicitations; (iv) a mechanism for the distribution companies
309	309	284to recover the costs associated with long-term contracts for clean energy associated
310	310	285environmental attributes or energy services entered into by the department under this section,
311	311	286including any administrative costs to support the department’s requirements under this section;
312	312	287and (v) a review of the previous clean energy solicitations, if applicable. The department shall
313	313	288consult with the department of public utilities and attorney general’s office in the development of
314	314	289this resource plan in advance of publishing it. Any ex parte rules established by the department
315	315	290of public utilities shall not apply to this consultation process.
316	316	291 (d) The department shall file the resource solicitation plan and its recommendations with
317	317	292the department of public utilities. The department of public utilities shall review the resource
318	318	293solicitation plan and recommendations to determine whether the resource solicitation plan is a
319	319	294reasonable, appropriate and cost-effective mechanism to achieve the goals of this section. The
320	320	295department of public utilities shall approve, approve with modifications or reject the plan within
321	321	2967 months of submission. Upon approval of the resource solicitation plan, the department of 15 of 96
322	322	297public utilities shall require the distribution companies to jointly propose tariffs consistent with
323	323	298the approved resource solicitation plan to recover costs associated with all contracts pursuant to
324	324	299this section not later than 3 months following the approval; provided, however, that the
325	325	300distribution companies shall not receive any remuneration, benefit or fee to compensate for costs
326	326	301associated with said contracts. The tariffs shall apportion costs associated with the contracts to be
327	327	302recovered from ratepayers among the distribution companies.
328	328	303 (e) The method for the clean energy solicitations shall be proposed by the department and
329	329	304shall utilize a competitive bidding process. The department shall consult with the attorney
330	330	305general regarding the choice of solicitation methods. The department may coordinate any
331	331	306solicitation under this section with other states, municipal light plants or other governmental and
332	332	307non-governmental organizations; provided, however, that the department shall describe any
333	333	308impacts coordination may have on the solicitation, including any impacts to nameplate capacity
334	334	309amounts or quantities of clean energy generation attributes sought in its solicitation. After notice
335	335	310and the opportunity for public comment, the department shall proceed with the clean energy
336	336	311solicitation. The department may competitively solicit proposals for long-term contracts for: (i)
337	337	312environmental attributes from clean energy generation; or (ii) energy services contracts. The
338	338	313department may consult with other states, federal agencies and regional organizations, including,
339	339	314but not limited to, ISO New England Inc. or its successor; provided, however, that reasonable
340	340	315proposals have been received, the department shall make or cause to be made filings as necessary
341	341	316through the appropriate jurisdictional mechanism and enter into long-term contracts that are
342	342	317consistent with the roadmap plans published pursuant to chapter 21N.
343	343	318 (f) The department shall propose draft contracts and take all reasonable actions to
344	344	319structure the contracts, pricing or administration of the products purchased under this section to 16 of 96
345	345	320contribute towards achieving compliance with limits and sublimits established pursuant to
346	346	321sections 3 and 3A of chapter 21N in a cost-effective manner that minimizes rate-payer impacts.
347	347	322 (g) Long-term contracts executed pursuant to this section shall be subject to the approval
348	348	323of the department of public utilities. The department of public utilities shall consider the
349	349	324potential costs and benefits of the proposed long-term contract and shall approve a long-term
350	350	325contract if the department finds that the contract is cost-effective and consistent with the
351	351	326roadmap plans published pursuant to chapter 21N, taking into account the factors outlined in this
352	352	327section, consistency with the approved resource solicitation plan and the department’s
353	353	328recommendations. The department of public utilities shall complete its review of long-term
354	354	329contracts submitted for its approval not later than 90 days after the contracts are filed by the
355	355	330department of energy resources.
356	356	331 (h) The department may retire any environmental attributes purchased pursuant to
357	357	332approved long-term contracts under this section on behalf of the commonwealth to be used
358	358	333toward satisfying compliance with the limits and sublimits established pursuant to sections 3 and
359	359	3343A of chapter 21N and any regulations or programs established pursuant to sections 3 and 6 of
360	360	335said chapter 21N or sections 11F and 17. If any retired environmental attributes are eligible
361	361	336under a clean, renewable, clean peak or other energy portfolio standard established by the
362	362	337department or the department of environmental protection, the portfolio standard minimum
363	363	338obligations of suppliers subject to such standards may be reduced in proportion to any eligible
364	364	339environmental attributes retired pursuant to this section, subject to the discretion of the
365	365	340department and the department of environmental protection. 17 of 96
366	366	341 (i) There shall be a separate, non-budgeted special revenue fund known as the central
367	367	342procurement fund, which shall be administered by the department, without further appropriation,
368	368	343for funding long-term contracts consistent with this section. The fund shall be credited with: (i)
369	369	344funds or revenue collected by distribution companies pursuant to a tariff approved by the
370	370	345department of public utilities in furtherance of the objectives and requirements of this section;
371	371	346(ii) revenue from appropriations or other money authorized by the general court and specifically
372	372	347designated to be credited to the fund; (iii) interest earned on such funds or revenues; (iv) bid fees
373	373	348collected by the department from participants in clean energy solicitations conducted pursuant to
374	374	349this section; (v) other revenue from public and private sources, including gifts, grants and
375	375	350donations; and (vi) any funds provided from other sources. All amounts credited to the fund shall
376	376	351be used solely for activities and expenditures consistent with the public purposes of this section,
377	377	352including the ordinary and necessary administrative and personnel expenses of the department
378	378	353related to the administration and operation of the fund and performance of the duties established
379	379	354by this section. Revenues deposited in the fund that are unexpended at the end of a fiscal year
380	380	355shall not revert to the General Fund and shall be available for expenditure in the following fiscal
381	381	356year. No expenditure made from the fund shall cause the fund to be in deficit at any point.
382	382	357 Section 22. (a) For the purposes of this section, the following words shall, have the
383	383	358following meanings unless the context clearly requires otherwise:
384	384	359 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
385	385	360produced by the accelerated biodegradation of organic materials under controlled anaerobic
386	386	361conditions; and (ii) has been determined by the department of energy resources, in coordination
387	387	362with the department of environmental protection, to qualify under department of energy
388	388	363resources regulations as a Class I renewable energy generating source under section 11F. 18 of 96
389	389	364 “Local government”, a municipality or regional agency, including the Cape Cod
390	390	365commission and the Martha’s Vineyard commission, that has permitting authority over small
391	391	366clean energy infrastructure facilities.
392	392	367 “Small clean energy generation facility”, energy generation infrastructure with a
393	393	368nameplate capacity of not more than 24 megawatts that is an anaerobic digestion facility, solar
394	394	369facility or wind facility, including any ancillary structure that is an integral part of the operation
395	395	370of the small clean energy generation facility or, following a rulemaking by the department in
396	396	371consultation with the energy facilities siting board in which the facility type is added to the
397	397	372regulatory definition of a small clean energy generation facility, any other type of generation
398	398	373facility that produces no greenhouse gas emissions or other pollutant emissions known to have
399	399	374negative health impacts; provided, however, that the nameplate capacity for solar facilities shall
400	400	375be calculated in direct current.
401	401	376 "Small clean energy infrastructure facility”, a small clean energy generation facility,
402	402	377small clean energy storage facility or small clean transmission and distribution infrastructure
403	403	378facility.
404	404	379 “Small clean energy storage facility”, an energy storage system as defined under section
405	405	3801 of chapter 164 with a rated capacity of less than 100 megawatt hours, including any ancillary
406	406	381structure that is an integral part of the operation of the small clean energy storage facility.
407	407	382 “Small clean transmission and distribution infrastructure facility”, electric transmission
408	408	383and distribution infrastructure and related ancillary infrastructure including: (i) electric
409	409	384transmission line reconductoring or rebuilding projects; (ii) new or substantially altered electric
410	410	385transmission lines located in an existing transmission corridor that are not more than 10 miles 19 of 96
411	411	386long, including any ancillary structure that is an integral part of the operation of the transmission
412	412	387line; (iii) new or substantially altered electric transmission lines located in a new transmission
413	413	388corridor that are not more than 1 mile long, including any ancillary structure that is an integral
414	414	389part of the operation of the transmission line; and (iv) electric distribution-level projects that
415	415	390meet a certain threshold, as determined by the department; provided, however, that the “small
416	416	391clean transmission and distribution infrastructure facility” shall be: (A) designed, fully or in part,
417	417	392to directly interconnect or otherwise facilitate the interconnection of clean energy infrastructure
418	418	393to the electric grid; (B) designed to ensure electric grid reliability and stability; or (C) designed to
419	419	394help facilitate the electrification of the building and transportation sectors; provided further, that
420	420	395on or after January 1, 2026, a “small clean transmission and distribution infrastructure facility”
421	421	396shall not include new transmission and distribution infrastructure facilities that solely
422	422	397interconnect new or existing infrastructure that does not meet the definition of a small clean
423	423	398energy infrastructure facility or large clean energy infrastructure facility as defined in section
424	424	39969G of chapter 164.
425	425	400 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
426	426	401 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
427	427	402 (b) The department shall establish standards, requirements and procedures governing the
428	428	403siting and permitting of small clean energy infrastructure facilities by local governments that
429	429	404include: (i) uniform sets of public health, safety, environmental and other standards, including
430	430	405zoning criteria, that local governments shall require for the issuance of permits for small clean
431	431	406energy infrastructure facilities; (ii) a common standard application for small clean energy
432	432	407infrastructure facility project applicants submitting a permit application to local governments; 20 of 96
433	433	408(iii) uniform pre-filing requirements for small clean energy infrastructure facilities, which shall
434	434	409include specific requirements for public meetings and other forms of outreach that must occur in
435	435	410advance of an applicant submitting an application; (iv) standards for applying site suitability
436	436	411guidance developed by the executive office of energy and environmental affairs pursuant to
437	437	412section 30 of chapter 21A to evaluate the social and environmental impacts of proposed small
438	438	413clean energy generation facilities, small clean energy storage facilities and small clean
439	439	414transmission and distribution infrastructure facilities in new rights of way, which shall include a
440	440	415mitigation hierarchy to be applied during the permitting process to avoid, minimize or, if
441	441	416avoidance or minimization is impossible, mitigate negative impacts of siting on the environment,
442	442	417people and the commonwealth’s goals and objectives for climate mitigation, resilience,
443	443	418biodiversity and protection of natural and working lands, to the extent practicable; (v) common
444	444	419conditions and requirements for a single permit consolidating all necessary local approvals to be
445	445	420issued for different types of small clean energy infrastructure facilities in the event that
446	446	421constructive approval is triggered through the non-issuance of a final decision by a local
447	447	422government pursuant to subsection (d); and (vi) responsible parties subject to enforcement
448	448	423actions, including in the event of sale of small clean energy infrastructure facilities after
449	449	424permitting. The department of energy resources may promulgate rules and regulations allowing
450	450	425local governments to set fees for compensatory environmental mitigation for the restoration,
451	451	426establishment, enhancement or preservation of comparable environmental resources through
452	452	427funds paid to the local government or a non-profit entity to be used at the election of an applicant
453	453	428to satisfy the standard of mitigation to the maximum extent practicable. Local governments
454	454	429acting in accordance with the standards established by the department for small clean energy
455	455	430generation facilities and small clean energy storage facilities pursuant to this subsection shall be 21 of 96
456	456	431considered to have acted consistent with the limitations on solar facility and small clean energy
457	457	432storage facility zoning under section 3 of chapter 40A. The department shall establish a transition
458	458	433or concurrency period for the effective date of any standards that it establishes.
459	459	434 (c) The proponent of a small clean energy infrastructure facility may submit a
460	460	435consolidated small clean energy infrastructure facility permit application seeking a single permit
461	461	436consolidating all necessary local permits and approvals. To initiate the permitting of a small
462	462	437clean energy infrastructure facility, an applicant may elect to submit an application, with
463	463	438supporting information in the form developed by the department pursuant to subsection (b), for
464	464	439the local government to conduct a consolidated review pursuant to the criteria and standards set
465	465	440forth in subsection (b) and using the process set forth in subsection (d). Local governments shall
466	466	441determine whether such consolidated small clean energy infrastructure facility permit application
467	467	442is complete within 30 days of receipt. If an application is deemed incomplete, the applicant shall
468	468	443have 30 days, and any additional time as determined by the local government, to cure any
469	469	444deficiencies before the application is rejected. In the event of a rejection of the application, the
470	470	445local government shall provide a detailed reasoning for the rejection.
471	471	446 (d) Local governments shall issue a single, final decision on a consolidated small clean
472	472	447energy infrastructure facility permit application submitted pursuant to subsection (c), including
473	473	448all decisions necessary for a project to proceed with construction, but not including any state
474	474	449permits that may be required to proceed with construction and operation of said facility, within
475	475	45012 months of the receipt of a complete permit application. All local government authorities,
476	476	451boards, commissions, offices or other entities that may be required to issue a decision on 1 or
477	477	452more permits in response to the application for the small clean energy infrastructure facility may
478	478	453conduct reviews separately and concurrently. Such permits shall adhere to any requirements 22 of 96
479	479	454established by the department pursuant to subsection (b). If a final decision is not issued within
480	480	45512 months of the receipt of a complete permit application, a constructive approval permit shall be
481	481	456issued by the local government that adopts the common conditions and requirements established
482	482	457by the department for the type of small clean energy infrastructure facility under review.
483	483	458 (e) An appeal or review may be made only of the single, final decision of a local
484	484	459government on an application for a small clean energy infrastructure facility, including all
485	485	460decisions necessary to complete the application and permitting process, but not including
486	486	461decisions on any state permits that may be required to proceed with construction and operation of
487	487	462said facility. Decisions of local government authorities, boards, commissions, offices or other
488	488	463entities on the issuance of 1 or more permits to the applicant for the small clean energy
489	489	464infrastructure facility shall not be subject to independent appeal or review. Decisions on any state
490	490	465permits that may be required shall be subject to de novo adjudication of the permit application by
491	491	466the director of the energy facilities siting division, as provided in subsection (f).
492	492	467 (f) Within 30 days of the single, final decision on a consolidated permit application by a
493	493	468local government described in subsections (d) and (e), project proponents and other individuals
494	494	469or entities substantially affected by a proposed small clean energy infrastructure facility may file
495	495	470a petition to request in writing a de novo adjudication of the permit application by the director of
496	496	471the facilities siting division pursuant to section 69W of chapter 164 following permit issuance,
497	497	472including constructive approval permits or denial by a local government.
498	498	473 (g) If a local government lacks the resources, capacity or staffing to review a small clean
499	499	474energy infrastructure facility permit application within 12 months, it may, not later than 60 days
500	500	475after receipt of such application or at any time thereafter with the consent of the applicant, 23 of 96
501	501	476request in writing a de novo adjudication of the such application by the director pursuant to
502	502	477section 69W of chapter 164.
503	503	478 (h) The department shall promulgate regulations to implement this section in consultation
504	504	479with local governments, Massachusetts Municipal Association, Inc., the department of public
505	505	480utilities, the department of environmental protection, the department of fish and game, the
506	506	481department of conservation and recreation, the department of agricultural resources, the
507	507	482Massachusetts environmental policy act office, the office of environmental justice and equity, the
508	508	483executive office of health and human services, the executive office of housing and livable
509	509	484communities and the executive office of public safety and security.
510	510	485 (i) Nothing in subsections (c) to (g), inclusive, shall apply to a comprehensive permit
511	511	486pursuant to sections 20 to 23, inclusive of chapter 40B. For the purpose of this section, the
512	512	487procedures and standards for filing and review of an application for a comprehensive permit that
513	513	488includes a small clean energy infrastructure facility shall be in accordance with said sections 20
514	514	489to 23, inclusive, of said chapter 40B.
515	515	490 SECTION 22. Section 2 of chapter 25B of the General Laws, as appearing in the 2022
516	516	491Official Edition, is hereby amended by inserting after the definition of “Compensation” the
517	517	492following definition:-
518	518	493 “Connector”, a device that attaches an electric vehicle to a charging port to transfer
519	519	494electricity; provided, however, that “connector” may also be referred to as a plug.
520	520	495 SECTION 23. Said section 2 of chapter 25B, as so appearing, is hereby further amended
521	521	496by striking out the definition of “Electric vehicle supply equipment” and inserting in place
522	522	497thereof the following definition:- 24 of 96
523	523	498 “Electric vehicle supply equipment” or “EVSE”, a device, including at least 1 charging
524	524	499port and connector, for charging electric vehicles; provided, however, that “electric vehicle
525	525	500supply equipment” may also be referred to as a charger.
526	526	501 SECTION 24. Said section 2 of said chapter 25B, as so appearing, is hereby further
527	527	502amended by inserting after the definition of “Electricity Ratio (ER)” the following definition:-
528	528	503 “Fast DC”, galvanically-connected electric vehicle supply equipment that includes an off-
529	529	504board charger and provides DC current of not less than 80 amperes.
530	530	505 SECTION 25. Said section 2 of said chapter 25B, as so appearing, is hereby further
531	531	506amended by inserting after the definition of “Faucet” the following definition:-
532	532	507 “Flexible demand”, the capability to schedule, shift or curtail the electrical demand of a
533	533	508load-serving entity’s customer through direct action by the customer or through action by a third
534	534	509party, the load-serving entity or a grid balancing authority, with the customer’s consent.
535	535	510 SECTION 26. Said section 2 of said chapter 25B, as so appearing, is hereby further
536	536	511amended by inserting after the definition of “Lamp” the following 2 definitions:-
537	537	512 “Level 1”, galvanically-connected electric vehicle supply equipment with a single-phase
538	538	513input voltage nominally 120 volts AC and maximum output current of not more than 16 amperes
539	539	514AC.
540	540	515 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single-
541	541	516phase input voltage range from 208 to 240 volts AC and maximum output current of not more
542	542	517than 80 amperes AC. 25 of 96
543	543	518 SECTION 27. Said section 2 of said chapter 25B, as so appearing, is hereby further
544	544	519amended by inserting after the definition of “Plumbing fixture” the following definition:-
545	545	520 “Port”, a system or connecting outlet on a charger that provides power to charge an
546	546	521electric vehicle; provided, however, that a port may be equipped with multiple connectors but
547	547	522use only 1 connector at a time to provide such power.
548	548	523 SECTION 28. Section 5 of said chapter 25B, as so appearing, is hereby amended by
549	549	524striking out the first and second paragraphs and inserting in place thereof the following
550	550	525paragraph:-
551	551	526 The commissioner may, by regulation, update energy efficiency standards for the types of
552	552	527new products set forth in clauses (f) to (y), inclusive, of section 3. Any revision of such
553	553	528efficiency standards shall be based upon the determination of the commissioner; provided,
554	554	529however, that a revision of said efficiency standards for electric vehicle supply equipment may
555	555	530allow the use of equipment that consumes additional kilowatts per hour. Any standard revised
556	556	531pursuant to this section which conflicts with a corresponding standard in the state plumbing code
557	557	532shall take precedence over the standard in said state plumbing code. Any standard revised
558	558	533pursuant to this section shall not take effect for at least 1 year after its adoption.
559	559	534 SECTION 29. Said section 5 of said chapter 25B, as so appearing, is hereby further
560	560	535amended by striking out clause (20) and inserting in place thereof the following clause:-
561	561	536 (20) Electric vehicle supply equipment included in the scope of the ENERGY STAR
562	562	537Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version
563	563	5381.2 (Rev. June 2023), shall meet the qualification criteria of that specification. 26 of 96
564	564	539 SECTION 30. Said section 5 of said chapter 25B, as so appearing, is hereby further
565	565	540amended by striking out, in line 198, the words “, electric vehicle supply equipment”.
566	566	541 SECTION 31. Said section 5 of said chapter 25B, as so appearing, is hereby further
567	567	542amended by inserting after the fifth paragraph the following paragraph:-
568	568	543 The commissioner may adopt and update regulations for the standards for any appliances
569	569	544to facilitate the deployment of flexible demand technologies. The regulations may include
570	570	545labeling provisions to promote the use of appliances with flexible demand capabilities. The
571	571	546flexible demand appliance standards shall be based on feasible and attainable efficiencies or
572	572	547feasible improvements that will enable appliance operations to be scheduled, shifted or curtailed
573	573	548to reduce emissions of greenhouse gases associated with electricity generation. The standards
574	574	549shall become effective not earlier than 1 year after the date of their adoption or updating.
575	575	550 SECTION 32. The second paragraph of section 62A of chapter 30, as so appearing, is
576	576	551hereby amended by striking out the last sentence and inserting in place thereof the following
577	577	552sentence:- This section and sections 62B to 62L, inclusive, shall not apply to the energy facilities
578	578	553siting board established under section 69H of chapter 164 or to any proponent or owner of a
579	579	554large clean energy infrastructure facility as defined in section 69G of chapter 164 or small clean
580	580	555energy infrastructure facility as defined in section 21 of chapter 25A in relation to an application
581	581	556or petition for a consolidated permit or de novo adjudication filed under sections 69T to 69W,
582	582	557inclusive, of chapter 164.
583	583	558 SECTION 33. Chapter 30B of the General Laws is hereby amended by striking out
584	584	559section 23, as so appearing, and inserting in place thereof the following section:- 27 of 96
585	585	560 Section 23. Notwithstanding section 39M of chapter 30 or any other general or special
586	586	561law to the contrary, a governmental body may, pursuant to this chapter, procure electric school
587	587	562buses and the installation of electric vehicle supply equipment, as defined in section 2 of chapter
588	588	56325B, for said school buses. Electric school buses and the installation of related electric vehicle
589	589	564supply equipment may be procured separately or in 1 procurement. For the purposes of this
590	590	565section, electric school buses shall be considered supplies and electric vehicle supply equipment
591	591	566and its installation shall be considered services; provided, however, that if electric school buses
592	592	567and electric vehicle supply equipment and its installation are procured in a single procurement
593	593	568both shall be considered supplies.
594	594	569 A contract under this section shall only be awarded to a bidder who shall: (i) possess the
595	595	570skill, ability and integrity necessary for the faithful performance of the work; (ii) certify that it is
596	596	571able to furnish labor that can work in harmony with all other elements of labor employed or to be
597	597	572employed in the work; (iii) certify that all employees to be employed at the worksite will have
598	598	573successfully completed a course in construction safety and health approved by the United States
599	599	574Occupational Safety and Health Administration that is not less than 10 hours in duration at the
600	600	575time the employee begins work and furnish documentation of successful completion of said
601	601	576course with the first certified payroll report for each employee; and (iv) obtain within 10 days of
602	602	577the notification of contract award the security by bond required under section 29 of chapter 149;
603	603	578provided, however, that for the purposes of this section, “security by bond” shall mean the bond
604	604	579of a surety company qualified to do business under the laws of the commonwealth and
605	605	580satisfactory to the awarding authority; and provided further, that if there is more than 1 surety
606	606	581company, the surety companies shall be jointly and severally liable.
607	607	582 SECTION 34. Section 23 of said chapter 30B is hereby repealed. 28 of 96
608	608	583 SECTION 35. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby
609	609	584amended by inserting after the definition of “Permit granting authority” the following definition:-
610	610	585 “Public service corporation”, (i) a corporation or other entity duly qualified to conduct
611	611	586business in the commonwealth that owns or operates or proposes to own or operate assets or
612	612	587facilities to provide electricity, gas, telecommunications, cable, water or other similar services of
613	613	588public need or convenience to the public directly or indirectly including, but not limited to, an
614	614	589entity that owns or operates or proposes to own or operate electricity generation, storage,
615	615	590transmission or distribution facilities or natural gas facilities including pipelines and
616	616	591manufacturing and storage facilities; (ii) any transportation company that owns or operates or
617	617	592proposes to own or operate railways and related common carrier facilities; (iii) any
618	618	593communications company, including a wireless communications company or cable company that
619	619	594owns or operates or proposes to own or operate communications or cable facilities; and (iv) any
620	620	595water company that owns or operates or proposes to own or operate facilities necessary for its
621	621	596operations.
622	622	597 SECTION 36. Section 3 of said chapter 40A, as so appearing, is hereby amended by
623	623	598striking out, in lines 64 to 65, 74 and 82, the words “department of public utilities” and inserting
624	624	599in place thereof, in each instance, the following words:- energy facilities siting board.
625	625	600 SECTION 37. Section 13 of chapter 142 of the General Laws, as so appearing, is hereby
626	626	601amended by inserting after the word “thereof”, in line 9, the following words:- ; and provided
627	627	602further, that, notwithstanding any general or special law or rule or regulation to the contrary,
628	628	603grounds for such variances by examiners may include the advancement of reductions in
629	629	604greenhouse gas emissions needed to advance the health of building occupants and reductions in 29 of 96
630	630	605greenhouse gas emissions needed to meet the statewide greenhouse gas emissions limits and
631	631	606sublimits established pursuant to chapter 21N.
632	632	607 SECTION 38. Said section 13 of said chapter 142, as so appearing, is hereby further
633	633	608amended by inserting after the word “thereof”, in line 24, the following words:- ; provided,
634	634	609however, that, notwithstanding any general or special law or rule or regulation to the contrary,
635	635	610grounds for making, altering, amending and repealing such rules and regulations may include the
636	636	611advancement of the health of building occupants and reductions in greenhouse gas emissions
637	637	612needed to meet the statewide greenhouse gas emissions limits and sublimits established pursuant
638	638	613to chapter 21N.
639	639	614 SECTION 39. Section 95 of chapter 143 of the General Laws, as so appearing, is hereby
640	640	615amended by inserting after the word “conservation”, in line 6, the following words:- energy
641	641	616efficiency, reductions in greenhouse gas emissions, reductions in embodied carbon.
642	642	617 SECTION 40. Said section 95 of said chapter 143, as so appearing, is hereby further
643	643	618amended by inserting after the word “buildings”, in line 21, the following words:- ; provided
644	644	619however, that, notwithstanding any general or special law or regulation to the contrary, the
645	645	620board may vary such standards, regulations and requirements and prefer the treatment of certain
646	646	621types of classes of materials, products and methods of construction, in order to advance
647	647	622reductions in greenhouse gas emissions needed to meet the statewide greenhouse gas emissions
648	648	623limits and sublimits established pursuant to chapter 21N; and provided further, that any such
649	649	624variation in standards, regulations and requirements and any such preferential treatment does not
650	650	625affect the health, safety and security of the occupants or users of buildings. 30 of 96
651	651	626 SECTION 41. Said chapter 143 is hereby further amended by inserting after section 100
652	652	627the following section:-
653	653	628 Section 101. Notwithstanding any provision of the state building code, specialized code
654	654	629or any other general or special law or municipal ordinance to the contrary, refrigerants identified
655	655	630as an alternative for use pursuant to, and in accordance with, 42 U.S.C. 7671k shall be acceptable
656	656	631for use in the commonwealth.
657	657	632 SECTION 42. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby
658	658	633amended by striking out, in lines 213 and 214, the words “gas company shall not mean an
659	659	634alternative energy producer” and inserting in place thereof the following words:- a gas company
660	660	635may make, sell or distribute geothermal energy, including networked geothermal and deep
661	661	636geothermal energy.
662	662	637 SECTION 43. Section 1B of said chapter 164, as so appearing, is hereby amended by
663	663	638striking out, in line 83, the words “periods of up to six months” and inserting in place thereof the
664	664	639following words:- the period of time resulting from the competitive bidding process.
665	665	640 SECTION 44. Section 1F of said chapter 164, as so appearing, is hereby amended by
666	666	641striking out paragraph (4) and inserting in place thereof the following paragraph:-
667	667	642 (4)(i) The department shall require that distribution companies provide discounted rates
668	668	643for low-income customers and eligible moderate-income customers comparable to the low-
669	669	644income discount rate in effect prior to March 1, 1998. Said discounts shall be in addition to any
670	670	645reduction in rates that becomes effective pursuant to subsection (b) of section 1B on March 1,
671	671	6461998 and to any subsequent rate reductions provided by a distribution company pursuant to said
672	672	647subsection. The cost of such discounts shall be included in the rates charged to all other 31 of 96
673	673	648customers of a distribution company upon approval by the department. Each distribution
674	674	649company shall guarantee payment to the generation supplier for all power sold to low-income
675	675	650and eligible moderate-income customers at said discounted rates. Eligibility for the discount
676	676	651rates established herein shall be established upon verification of a low-income customer’s receipt
677	677	652of any means-tested public benefit or verification of eligibility for the low-income home energy
678	678	653assistance program, or its successor program, for which eligibility does not exceed 200 per cent
679	679	654of the federal poverty level based on a household’s gross income and by criteria determined by
680	680	655the department for verification of an eligible moderate-income customer. Said public benefits
681	681	656may include, but are not limited to, assistance which provides cash, housing, food or medical
682	682	657care, including, but not limited to, transitional assistance for needy families, supplemental
683	683	658security income, emergency assistance to elders, disabled and children, food stamps, public
684	684	659housing, federally-subsidized or state-subsidized housing, the low-income home energy
685	685	660assistance program, veterans’ benefits and similar benefits. The department of energy resources
686	686	661shall make available to distribution companies the eligibility guidelines for said public benefit
687	687	662programs. Each distribution company shall conduct substantial outreach efforts to make the low-
688	688	663income or moderate-income discount available to eligible customers and shall report to the
689	689	664department of energy resources, at least annually, as to its outreach activities and results.
690	690	665Outreach may include establishing an automated program of matching customer accounts with:
691	691	666(A) lists of recipients of said means-tested public benefit programs and, based on the results of
692	692	667said matching program, to presumptively offer a low-income discount rate to eligible customers
693	693	668so identified; and (B) criteria established by the department for verification of a moderate-
694	694	669income customer to presumptively offer a moderate-income discount rate to eligible customers
695	695	670so identified; provided, however, that the distribution company, within 60 days of said 32 of 96
696	696	671presumptive enrollment, informs any such low-income customer or eligible moderate-income
697	697	672customer of said presumptive enrollment and all rights and obligations of a customer under said
698	698	673program, including the right to withdraw from said program without penalty.
699	699	674 In a program year in which maximum eligibility for the low-income home energy
700	700	675assistance program, or its successor program, exceeds 200 per cent of the federal poverty level, a
701	701	676household that is income eligible for the low-income home energy assistance program shall be
702	702	677eligible for the low-income discount rates required by this subparagraph.
703	703	678 (ii) A residential customer eligible for low-income or moderate-income discount rates
704	704	679shall receive the service on demand. Each distribution company shall periodically notify all
705	705	680customers of the availability and method of obtaining low-income or moderate-income discount
706	706	681rates. An existing residential customer eligible for a low-income or moderate-income discount on
707	707	682the date of the start of retail access who orders service for the first time from a distribution
708	708	683company shall be offered basic service by that distribution company.
709	709	684 The department shall promulgate rules and regulations requiring utility companies
710	710	685organized pursuant to this chapter to produce information, in the form of a mailing, webpage or
711	711	686other approved method of distribution, to their consumers, to inform them of available rebates,
712	712	687discounts, credits and other cost-saving mechanisms that can help them lower their monthly
713	713	688utility bills and send out such information semi-annually, unless otherwise provided by this
714	714	689chapter.
715	715	690 (iii) There shall be no charge to any residential customer for initiating or terminating low-
716	716	691income or moderate-income discount rates, default service or standard offer service when said
717	717	692initiation or termination request is made after a regular meter reading has occurred and the 33 of 96
718	718	693customer is in receipt of the results of said reading. A distribution company may impose a
719	719	694reasonable charge, as set by the department through regulation, for initiating or terminating low-
720	720	695income or moderate-income discount rates, default service or standard offer service when a
721	721	696customer does not make such an initiation or termination request upon the receipt of said results
722	722	697and prior to the receipt of the next regularly scheduled meter reading. For purposes of this
723	723	698subsection, there shall be a regular meter reading conducted of every residential account not less
724	724	699often than once every 2 months. Notwithstanding the foregoing, there shall be no charge when
725	725	700the initiation or termination is involuntary on the part of the customer.
726	726	701 SECTION 45. Said chapter 164 is hereby further amended by inserting after section 1K
727	727	702the following section:-
728	728	703 Section 1L. On or after January 1, 2026, no supplier, energy marketer or energy broker
729	729	704shall execute a new contract or renew an existing contract for generation services with any
730	730	705individual residential retail customer. This section shall not apply to, or otherwise affect, any
731	731	706government body that aggregates the load of residential retail customers as part of a municipal
732	732	707load aggregation program pursuant to section 134. A violation of this section shall be deemed an
733	733	708unfair and deceptive act pursuant to chapter 93A. The attorney general may bring an action under
734	734	709section 4 of said chapter 93A to enforce this section and to obtain restitution, civil penalties,
735	735	710injunctive relief or any other relief available under said chapter 93A.
736	736	711 SECTION 46. Section 30 of said chapter 164, as appearing in the 2022 Official Edition,
737	737	712is hereby amended by adding the following paragraph:-
738	738	713 Notwithstanding any general or special law to the contrary, the department, in deciding
739	739	714whether to exercise its authority pursuant to this section, shall consider whether a request to the 34 of 96
740	740	715department to authorize gas distribution service is reasonable and in the public interest; provided,
741	741	716however, that in determining reasonableness and the public interest, the department shall
742	742	717consider factors including, but not limited to: (i) the commonwealth’s interest in complying with
743	743	718the greenhouse gas emissions limits and sublimits established pursuant to chapter 21N, including
744	744	719the statewide emissions limit set for 2050; (ii) the commonwealth’s interest in avoiding the
745	745	720stranding of assets and the likelihood of its costs being borne by ratepayers; and (iii) whether an
746	746	721alternative to gas service is available and likely to provide substantially similar service.
747	747	722 SECTION 47. Section 69G of chapter 164 of the General Laws, as so appearing, is
748	748	723hereby amended by striking out, in line 1, the words “sixty-nine H to sixty-nine R” and inserting
749	749	724in place thereof the following words:- 69H to 69W.
750	750	725 SECTION 48. Said section 69G of said chapter 164, as so appearing, is hereby further
751	751	726amended by striking out the definition of “Applicant” and inserting in place thereof the following
752	752	7272 definitions:-
753	753	728 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
754	754	729produced by the accelerated biodegradation of organic materials under controlled anaerobic
755	755	730conditions; and (ii) has been determined by the department of energy resources, in coordination
756	756	731with the department of environmental protection, to qualify under the department of energy
757	757	732resources regulations as a Class I renewable energy generating source under section 11F of
758	758	733chapter 25A.
759	759	734 “Applicant”, a person or group of persons who submits to the department or board a long-
760	760	735range plan, a petition to construct a facility, a petition for a consolidated permit for a large clean
761	761	736energy infrastructure facility or small clean energy infrastructure facility, a petition for a 35 of 96
762	762	737certificate of environmental impact and public need, a notice of intent to construct an oil facility
763	763	738or any application, petition or matter referred by the chair of the department to the board
764	764	739pursuant to section 69H.
765	765	740 SECTION 49. Said section 69G of said chapter 164, as so appearing, is hereby further
766	766	741amended by inserting after the definition of “Certificate”, the following definition:-
767	767	742 “Consolidated permit”, a permit issued by the board to a large clean energy infrastructure
768	768	743facility that includes all municipal, regional and state permits that the large clean energy
769	769	744infrastructure facility would otherwise need to obtain individually, with the exception of certain
770	770	745federal permits that are delegated to specific state agencies, as determined by the board.
771	771	746 SECTION 50. Said section 69G of said chapter 164, as so appearing, is hereby further
772	772	747amended by striking out the definition of “Department” and inserting in place thereof the
773	773	748following 3 definitions:-
774	774	749 “Cumulative impact analysis”, a written report produced by the applicant assessing any
775	775	750existing inequitable environmental burden and related public health consequences impacting a
776	776	751specific geographical area in which a facility, large clean energy infrastructure facility or small
777	777	752clean energy infrastructure facility is proposed from any prior or current private, industrial,
778	778	753commercial, state or municipal operation or project that has damaged the environment; provided,
779	779	754however, that the analysis shall be limited to the types of exposures and risks that are attributable
780	780	755to the type of proposed project; provided further, that if the analysis indicates that such a
781	781	756geographical area is subject to an existing inequitable environmental burden or related health
782	782	757consequence, the analysis shall identify any: (i) environmental and public health impact from the
783	783	758proposed project that would likely result in a disproportionate adverse effect on such 36 of 96
784	784	759geographical area; (ii) potential impact or consequence from the proposed project that would
785	785	760increase or reduce the effects of climate change on such geographical area; and (iii) proposed
786	786	761potential remedial actions to address any disproportionate adverse impacts to the environment,
787	787	762public health and climate resilience of such geographical area; and provided further, that the
788	788	763analysis shall be developed in accordance with guidance established by the office of
789	789	764environmental justice and equity established pursuant to section 29 of chapter 21A and
790	790	765regulations promulgated by the board.
791	791	766 “Department”, the department of public utilities.
792	792	767 “Director”, the director of the facilities siting division appointed pursuant to section 12N
793	793	768of chapter 25, who shall serve as the director of the board; provided, however, that the director
794	794	769shall have authority to issue decisions on de novo adjudications of local permit applications
795	795	770pursuant to section 69W of chapter 164.
796	796	771 SECTION 51. Said section 69G of said chapter 164, as so appearing, is hereby further
797	797	772amended by inserting after the word “capacity”, in line 46, the following words:- ; provided,
798	798	773however, that “facility” shall not include a large clean energy infrastructure facility or small
799	799	774clean energy infrastructure facility.
800	800	775 SECTION 52. Said section 69G of said chapter 164, as so appearing, is hereby further
801	801	776amended by striking out, in line 48, the words “and liquified natural gas”, and inserting in place
802	802	777thereof the following words:- liquified natural gas, renewable natural gas and hydrogen.
803	803	778 SECTION 53. Said section 69G of said chapter 164, as so appearing, is hereby further
804	804	779amended by striking out, in line 61, the figure “100” and inserting in place thereof the following
805	805	780figure:- 25. 37 of 96
806	806	781 SECTION 54. Said section 69G of said chapter 164, as so appearing, is hereby further
807	807	782amended by inserting after the definition of “Generating facility” the following 4 definitions:-
808	808	783 “Large clean energy generation facility”, energy generation infrastructure with a
809	809	784nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar
810	810	785facility or wind facility, including any ancillary structure that is an integral part of the operation
811	811	786of the large clean energy generation facility, or, following a rulemaking by the board in
812	812	787consultation with the department of energy resources that includes the facility within the
813	813	788regulatory definition of a large clean energy generation facility, any other type of generation
814	814	789facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for
815	815	790solar facilities shall be calculated in direct current.
816	816	791 “Large clean energy infrastructure facility”, a large clean energy generation facility, large
817	817	792clean energy storage facility or large clean transmission and distribution infrastructure facility.
818	818	793 “Large clean energy storage facility”, an energy storage system as defined under section
819	819	7941 of chapter 164 with a rated capacity of not less than 100 megawatt hours, including any
820	820	795ancillary structure that is an integral part of the operation of the large clean energy storage
821	821	796facility.
822	822	797 “Large clean transmission and distribution infrastructure facility”, electric transmission
823	823	798and distribution infrastructure and related ancillary infrastructure that is: (i) a new electric
824	824	799transmission line having a design rating of not less than 69 kilovolts and that is not less than 1
825	825	800mile in length on a new transmission corridor, including any ancillary structure that is an integral
826	826	801part of the operation of the transmission line; (ii) a new electric transmission line having a design
827	827	802rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing 38 of 96
828	828	803transmission corridor except reconductored or rebuilt transmission lines at the same voltage,
829	829	804including any ancillary structure that is an integral part of the operation of the transmission line;
830	830	805(iii) any other new electric transmission infrastructure requiring zoning exemptions, including
831	831	806standalone transmission substations and upgrades and any ancillary structure that is an integral
832	832	807part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore
833	833	808wind to the grid; provided, however, that the large clean transmission and distribution facility is:
834	834	809(A) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection
835	835	810of clean energy infrastructure to the electric grid; (B) approved by the regional transmission
836	836	811operator in relation to interconnecting clean energy infrastructure; (C) proposed to ensure electric
837	837	812grid reliability and stability; or (D) will help facilitate the electrification of the building and
838	838	813transportation sectors; provided further, that a “large clean transmission and distribution
839	839	814infrastructure facility” shall not include new transmission and distribution infrastructure that
840	840	815solely interconnects new and existing infrastructure that does not meet the definition of small
841	841	816clean energy infrastructure facilities or large clean energy infrastructure facilities to the electric
842	842	817grid on or after January 1, 2026.
843	843	818 SECTION 55. Said section 69G of said chapter 164, as so appearing, is hereby further
844	844	819amended by inserting, after the definition of “Significant portion of his income”, the following 5
845	845	820definitions:-
846	846	821 “Small clean energy infrastructure facility”, a small clean energy infrastructure facility as
847	847	822defined in section 21 of chapter 25A.
848	848	823 “Small clean energy generation facility”, a small clean energy generation facility as
849	849	824defined in section 21 of chapter 25A. 39 of 96
850	850	825 “Small clean energy storage facility”, a small clean energy storage facility as defined in
851	851	826section 21 of chapter 25A.
852	852	827 “Small clean transmission and distribution infrastructure facility”, a small clean
853	853	828transmission and distribution infrastructure facility as defined in section 21 of chapter 25A.
854	854	829 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
855	855	830 SECTION 56. Said section 69G of said chapter 164, as so appearing, is hereby further
856	856	831amended by adding the following definition:-
857	857	832 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
858	858	833 SECTION 57. Section 69H of said chapter 164, as amended by section 292 of chapter 7
859	859	834of the acts of 2023, is hereby further amended by striking out the first 3 paragraphs and inserting
860	860	835in place thereof the following 4 paragraphs:-
861	861	836 There shall be an energy facilities siting board within the department, but not under the
862	862	837supervision or control of the department. The board shall implement the provisions contained in
863	863	838sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provide a reliable,
864	864	839resilient and clean supply of energy consistent with the commonwealth’s climate change and
865	865	840greenhouse gas reduction policies and requirements; (ii) ensure that large clean energy
866	866	841infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities
867	867	842avoid or minimize or, if avoidance or minimization is impossible, mitigate environmental
868	868	843impacts and negative health impacts to the extent practicable; (iii) ensure that large clean energy
869	869	844infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are,
870	870	845to the extent practicable, in compliance with energy, environmental, land use, labor, economic 40 of 96
871	871	846justice, environmental justice and equity and public health and safety policies of the
872	872	847commonwealth, its subdivisions and its municipalities; and (iv) ensure large clean energy
873	873	848infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are
874	874	849constructed in a manner that avoids or minimizes costs. The board shall review: (A) the need for,
875	875	850cost of and environmental and public health impacts of transmission lines, natural gas pipelines,
876	876	851facilities for the manufacture and storage of gas, oil facilities, large clean transmission and
877	877	852distribution infrastructure facilities and small clean transmission and distribution infrastructure
878	878	853facilities; and (B) the environmental and public health impacts of generating facilities, large
879	879	854clean energy generation facilities, small clean energy generation facilities, large clean energy
880	880	855storage facilities and small clean energy storage facilities.
881	881	856 A determination made by the board shall describe the environmental and public health
882	882	857impacts, if any, of the large clean energy infrastructure facility, small clean energy infrastructure
883	883	858facility, facility or oil facility and shall include findings including, but not limited to: (i) the
884	884	859efforts taken to avoid or minimize or, if avoidance or minimization were impossible, mitigate
885	885	860environmental impacts; (ii) due consideration given to the findings and recommendations of
886	886	861local governments; iii) in the case of large clean transmission and distribution infrastructure
887	887	862facilities, small clean transmission and distribution infrastructure facilities and natural gas
888	888	863pipelines, consideration was given to advanced transmission technologies, grid enhancement
889	889	864technologies, non-wires or non-pipeline alternatives, the repair or retirement of pipelines and
890	890	865other alternatives in an effort to avoid or minimize expenditures; (iv) in the case of large clean
891	891	866transmission and distribution infrastructure facilities and small clean transmission and
892	892	867distribution infrastructure facilities, the infrastructure or project will increase the capacity of the
893	893	868system to interconnect large electricity customers, electric vehicle supply equipment, clean 41 of 96
894	894	869energy generation, clean energy storage or other clean energy generation sources that qualify
895	895	870under any clean energy standard regulation established by the department of environmental
896	896	871protection pursuant to subsection (c) of section 3 of chapter 21N; and (v) any cumulative burdens
897	897	872on host communities and efforts that must be taken to avoid or minimize or, if avoidance or
898	898	873minimization is impossible, mitigate such burdens. In considering and issuing a decision, the
899	899	874board shall also consider reasonably foreseeable climate change impacts, including additional
900	900	875greenhouse gas or other pollutant emissions known to have negative health impacts, predicted
901	901	876sea level rise, flooding and any other disproportionate adverse effects on a specific geographical
902	902	877area. Such reviews shall be conducted consistent with section 69J1/4 for generating facilities,
903	903	878section 69T for large clean energy infrastructure facilities, sections 69U to 69W, inclusive, for
904	904	879small clean energy infrastructure facilities and section 69J for all other types of facilities.
905	905	880 The board shall be composed of: the secretary of energy and environmental affairs or a
906	906	881designee, who shall serve as chair; the secretary of economic development or a designee; the
907	907	882commissioner of environmental protection or a designee; the commissioner of energy resources
908	908	883or a designee; the commissioner of public utilities or a designee; the commissioner of fish and
909	909	884game or a designee; and 3 public members to be appointed by the governor for a term
910	910	885coterminous with that of the governor, 1 of whom shall be a representative of Massachusetts
911	911	886Municipal Association, Inc. with expertise in municipal permitting matters, 1 of whom shall be
912	912	887experienced in advocating for low and moderate income communities or indigenous sovereignty
913	913	888and 1 of whom shall be experienced in labor issues; provided, however, that public members
914	914	889shall not have received within the 2 years immediately preceding appointment a significant
915	915	890portion of their income directly or indirectly from the developer of an energy facility or an
916	916	891electric, gas or oil company. The public members shall serve on a part-time basis, receive $100 42 of 96
917	917	892per diem of board service and be reimbursed by the commonwealth for all reasonable expenses
918	918	893actually and necessarily incurred in the performance of official board duties. Upon the
919	919	894resignation of any public member, a successor shall be appointed in a like manner for the
920	920	895unexpired portion of the term. Appointees may serve for not more than 2 consecutive full terms.
921	921	896 In the event of the absence, recusal or disqualification of the chair, the commissioner of
922	922	897energy resources shall appoint an acting chair from the remaining members of the board. The
923	923	898board shall meet at such time and place as the chair may designate or upon the request of 3
924	924	899members. The board shall render a final decision on an application by a majority vote of the
925	925	900members in attendance at a meeting and 5 members shall constitute a quorum.
926	926	901 SECTION 58. The fifth paragraph of said section 69H of said chapter 164, as appearing
927	927	902in the 2022 Official Edition, is hereby amended by striking out clause (1) and inserting in place
928	928	903thereof the following clause:-
929	929	904 (1) To adopt and publish rules and regulations consistent with the purposes of sections
930	930	90569H to 69S, inclusive, and to amend the same from time to time, including, but not limited to,
931	931	906rules and regulations for the conduct of the board's public hearings under sections 69H1/2, 69J,
932	932	90769J1/4, 69M and 69T to 69W, inclusive.
933	933	908 SECTION 59. Said section 69H of said chapter 164, as amended by section 292 of
934	934	909chapter 7 of the acts of 2023, is hereby further amended by adding the following 2 paragraphs:-
935	935	910 The board shall promulgate regulations for cumulative impact analysis as part of its
936	936	911review of facilities, large clean energy infrastructure facilities and small clean energy
937	937	912infrastructure facilities in consultation with the office of environmental justice and equity and 43 of 96
938	938	913Massachusetts environmental policy act office, which shall be informed by the cumulative
939	939	914impact analysis guidance under section 29 of chapter 21A.
940	940	915 The board and any proponent or owner of a large clean energy infrastructure facility or
941	941	916small clean energy infrastructure facility shall not be subject to any provisions of sections 61 to
942	942	91762L, inclusive, of chapter 30 in relation to an application or petition for a comprehensive permit
943	943	918or de novo adjudication filed under sections 69T to 69W, inclusive. This section shall apply to
944	944	919any state agency issuing, in relation to an application or petition under said sections 69T to 69V,
945	945	920inclusive, a federal permit that is delegated to that agency and determined by the board to be
946	946	921excluded from the definition of consolidated permit in section 69G.
947	947	922 SECTION 60. The third paragraph of section 69I of said chapter 164, as appearing in the
948	948	9232022 Official Edition, is hereby amended by striking out the last sentence and inserting in place
949	949	924thereof the following sentence:- The board or any other person, in taking any action pursuant to
950	950	925this section, sections 69J to 69J1/4, inclusive, or sections 69T to 69W, inclusive, shall not be
951	951	926subject to any provisions of sections 61 to 62H, inclusive, of chapter 30.
952	952	927 SECTION 61. Section 69J of said chapter 164, as so appearing, is hereby amended by
953	953	928inserting after the word “facility”, in lines 1 and 2, the following words:- that is not a large clean
954	954	929energy infrastructure facility or small clean energy infrastructure facility.
955	955	930 SECTION 62. Said section 69J of said chapter 164, as so appearing, is hereby further
956	956	931amended by striking out the second to fourth paragraphs, inclusive, and inserting in place thereof
957	957	932the following paragraph:-
958	958	933 A petition to construct a facility shall include, in such form and detail as the board shall
959	959	934from time to time prescribe: (i) a description of the facility, site and surrounding areas; (ii) an 44 of 96
960	960	935analysis of the need for the facility, either within or outside or both within and outside the
961	961	936commonwealth, including a description of the energy benefits of the facility; (iii) a description of
962	962	937the alternatives to the facility, such as other methods of transmitting or storing energy, other site
963	963	938locations, other sources of electrical power or gas or a reduction of requirements through load
964	964	939management; (iv) a description of the environmental impacts of the facility, including both
965	965	940environmental benefits and burdens, that includes a description of efforts to avoid, minimize and
966	966	941mitigate burdens and efforts to enhance benefits, such as shared use, recreational paths or access
967	967	942to nature; (v) evidence that all pre-filing consultation and community engagement requirements
968	968	943established by the board have been satisfied and, if not, the applicant shall demonstrate good
969	969	944cause for a waiver of the requirements that could not be satisfied by the applicant; and (vi) a
970	970	945cumulative impact analysis. The board may issue and revise filing guidelines after public notice
971	971	946and a period for comment. Said filing guidelines shall require the applicant to provide a
972	972	947minimum of data for review concerning climate change impact, land use impact, water resource
973	973	948impact, air quality impact, fire and other public safety risks, solid waste impact, radiation impact,
974	974	949noise impact and other public health impacts as determined by the board.
975	975	950 SECTION 63. Said section 69J of said chapter 164, as so appearing, is hereby further
976	976	951amended by striking out the last paragraph and inserting in place thereof the following
977	977	952paragraph:-
978	978	953 The provisions of this section shall not apply to petitions submitted under sections 69U to
979	979	95469W, inclusive, or petitions to construct a generating facility or a large clean energy
980	980	955infrastructure facility, which shall be subject to the provisions of sections 69J1/4 and 69T,
981	981	956respectively. 45 of 96
982	982	957 SECTION 64. Section 69J1/4 of said chapter 164, as so appearing, is hereby amended by
983	983	958inserting after the word “facility”, in line 2, the following words:- that is not a large clean energy
984	984	959infrastructure facility or small clean energy infrastructure facility.
985	985	960 SECTION 65. Said section 69J1/4 of said chapter 164, as so appearing, is hereby further
986	986	961amended by striking out the third paragraph and inserting in place thereof the following
987	987	962paragraph:-
988	988	963 A petition to construct a generating facility shall include, in such form and detail as the
989	989	964board shall from time to time prescribe, the following information: (i) a description of the
990	990	965proposed generating facility, including any ancillary structures and related facilities, including a
991	991	966description of the energy benefits of the generating facility; (ii) a description of the
992	992	967environmental and public health impacts of facility, including both environmental and public
993	993	968health benefits and burdens that includes a description of efforts to avoid or minimize or, if
994	994	969avoidance or minimization are impossible, mitigate the burdens and enhance the benefits and the
995	995	970costs associated with the mitigation, control or reduction of the environmental and public health
996	996	971impacts of the proposed generating facility; (iii) a description of the project development and site
997	997	972selection process used in choosing the design and location of the proposed generating facility;
998	998	973(iv) either: (A) evidence that the expected emissions from the facility meet the technology
999	999	974performance standard in effect at the time of filing; or (B) a description of the environmental
1000	1000	975impacts, costs and reliability of other fossil fuel generating technologies and an explanation of
1001	1001	976why the proposed technology was chosen; (v) evidence that all pre-filing consultation and
1002	1002	977community engagement requirements established by the board have been satisfied and, if not, the
1003	1003	978applicant shall demonstrate good cause for a waiver of the requirements that could not be
1004	1004	979satisfied by the applicant; (vi) a cumulative impact analysis; and (vii) any other information 46 of 96
1005	1005	980necessary to demonstrate that the generating facility meets the requirements for approval
1006	1006	981specified in this section.
1007	1007	982 SECTION 66. Said chapter 164 is hereby amended by striking out section 69J1/2, as so
1008	1008	983appearing, and inserting in place thereof the following section:-
1009	1009	984 Section 69J1/2. Notwithstanding any general or special law to the contrary, the
1010	1010	985department may charge a fee as specified by its regulations for each application to construct a
1011	1011	986facility that generates electricity, a large clean energy generation facility, a small clean energy
1012	1012	987generation facility, a large clean energy storage facility, a small clean energy storage facility, a
1013	1013	988non-utility owned large clean transmission and distribution infrastructure facility or a small clean
1014	1014	989transmission and distribution infrastructure facility. If the application to construct any such
1015	1015	990facility is accompanied by an application to construct 1 additional facility that does not generate
1016	1016	991electricity, the department may charge a fee as specified by its regulations for the combined
1017	1017	992application. If an application to construct a facility that generates electricity is accompanied by
1018	1018	993applications to construct 2 additional facilities that do not generate electricity, the department
1019	1019	994may charge a fee as specified by its regulations for the combined application. If an application to
1020	1020	995construct a facility that does not generate electricity is filed separately, the department may
1021	1021	996charge a fee as specified by its regulations for each such application; provided, however, that, the
1022	1022	997department may charge a lower fee for applications to construct facilities that do not generate
1023	1023	998electricity and that are below a size to be determined by the department. Said fees shall be
1024	1024	999payable upon issuance of the notice of adjudication and public hearing.
1025	1025	1000 The department may retain said fees for the purpose of reviewing applications to
1026	1026	1001construct or consolidated permit applications for large clean energy infrastructure facilities, small 47 of 96
1027	1027	1002clean energy infrastructure facilities or other facilities subject to this section and for the purpose
1028	1028	1003of creating a clean energy infrastructure dashboard established under section 12N of chapter 25.
1029	1029	1004 Any remaining balance of fees at the end of a fiscal year shall not revert to the General
1030	1030	1005Fund, but shall remain available to the department during the following fiscal year for the
1031	1031	1006purposes provided under this section or section 12S of chapter 25.
1032	1032	1007 The department shall issue an annual report summarizing the data and information
1033	1033	1008required by this section including, but not limited to: (i) the number of applications filed for
1034	1034	1009facilities, large clean energy infrastructure facilities and small clean energy infrastructure
1035	1035	1010facilities, decided and pending; (ii) the average duration of review; and (iii) average staffing
1036	1036	1011levels; provided, however, that the annual report shall make use of bar charts, line charts and
1037	1037	1012other visual representations in order to facilitate public understanding of events of the immediate
1038	1038	1013preceding year and of long-term and cumulative trends and outcomes. The board shall file a
1039	1039	1014report with the clerks of the senate and house of representatives, the senate and house
1040	1040	1015committees on ways and means and the joint committee on telecommunications, utilities and
1041	1041	1016energy not later than January 31.
1042	1042	1017 Nothing contained in this section shall be interpreted as changing the statutory mandates
1043	1043	1018of the department or board or the type of facilities that may be constructed by applicants that are
1044	1044	1019not utilities. Nothing contained in this section shall be interpreted as changing the regulations or
1045	1045	1020body of precedent of the department or board or interpreted as changing the rights of intervenors
1046	1046	1021before the department or board. 48 of 96
1047	1047	1022 SECTION 67. Section 69O of said chapter 164, as so appearing, is hereby amended by
1048	1048	1023striking out, in lines 7 and 8, the words “sixty-one to sixty-two H, inclusive, of chapter thirty”
1049	1049	1024and inserting in place thereof the following words:- 61 to 62L, inclusive, of chapter 30.
1050	1050	1025 SECTION 68. Said chapter 164 is hereby further amended by striking out section 69P, as
1051	1051	1026so appearing, and inserting in place thereof the following section:-
1052	1052	1027 Section 69P. Any party in interest aggrieved by a final decision of the board or the
1053	1053	1028director shall have a right to judicial review in the manner provided by section 5 of chapter 25.
1054	1054	1029The scope of such judicial review shall be limited to whether the decision of the board or the
1055	1055	1030director is in conformity with the constitution of the commonwealth and the constitution of the
1056	1056	1031United States, was made in accordance with the procedures established under section 69H to
1057	1057	1032section 69O, inclusive, and section 69T to section 69W, inclusive, and the rules and regulations
1058	1058	1033of the board with respect to such provisions, was supported by substantial evidence of record in
1059	1059	1034the board’s proceedings and was arbitrary, capricious or an abuse of the board’s discretion under
1060	1060	1035the provisions of said section 69H to 69O, inclusive, and said section 69T to 69W.
1061	1061	1036 SECTION 69. Said chapter 164 is hereby further amended by striking out section 69R, as
1062	1062	1037so appearing, and inserting in place thereof the following section:-
1063	1063	1038 Section 69R. An electric or gas company, generation company or wholesale generation
1064	1064	1039company may petition the board for the right to exercise the power of eminent domain with
1065	1065	1040respect to a facility, large clean transmission and distribution infrastructure facility or small clean
1066	1066	1041transmission and distribution infrastructure facility, specified and contained in a petition or
1067	1067	1042application submitted in accordance with sections 69J, 69T or 69U or a bulk power supply
1068	1068	1043substation if such company is unable to reach agreement with the owners of land for the 49 of 96
1069	1069	1044acquisition of any necessary estate or interest in land. The applicant shall forward, at the time of
1070	1070	1045filing such petition, a copy thereof to each city, town and property owner affected.
1071	1071	1046 The company shall file with such petition or have annexed thereto: (i) a statement of the
1072	1072	1047use for which such land is to be taken; (ii) a description of land to be taken sufficient for the
1073	1073	1048identification thereof; (iii) a statement of the estate or interest in the land to be taken for such
1074	1074	1049use; (iv) a plan showing the land to be taken; (v) a statement of the sum of money established by
1075	1075	1050such utility to be just compensation for the land to be taken; and (vi) such additional maps and
1076	1076	1051information as the board requires.
1077	1077	1052 The board, after such notice as it may direct, shall hold at least 1 public hearing in the
1078	1078	1053community in which the land to be taken is located. For facilities involving takings in several
1079	1079	1054communities, the hearing shall be held in communities in proximity to the land to be taken, as
1080	1080	1055determined by the board. The board may thereafter authorize the company to take by eminent
1081	1081	1056domain under chapter 79 such lands necessary for the construction of the facility as are required
1082	1082	1057in the public interest, convenience and necessity. The board shall transmit a certified copy of its
1083	1083	1058order to the company and to the town clerk of each affected community.
1084	1084	1059 If the board dismisses the petition at any stage in the proceedings, no further action shall
1085	1085	1060be taken thereon and the company may file a new petition not sooner than 1 year after the date
1086	1086	1061such dismissal.
1087	1087	1062 Following a taking under this section, the electric or gas company may forthwith proceed
1088	1088	1063to utilize such land. If the electric or gas company shall not utilize the lands so taken for the
1089	1089	1064purpose or purposes authorized in the department’s order within such time as the board shall
1090	1090	1065determine, its rights under such taking shall cease and terminate. 50 of 96
1091	1091	1066 No land, rights of way or other easements therein in any public way, public park,
1092	1092	1067reservation or other land subject to article 97 of the amendments to the Constitution of, the
1093	1093	1068commonwealth shall be taken by eminent domain under this section except in accordance with
1094	1094	1069said article.
1095	1095	1070 This section shall not be construed as abrogating the board’s jurisdiction described in
1096	1096	1071section 72 in respect to transmission lines or the board’s jurisdiction described in sections 75B to
1097	1097	107275G, inclusive, in respect to natural gas transmission lines.
1098	1098	1073 SECTION 70. The second paragraph of said section 69S of said chapter 164, as so
1099	1099	1074appearing, is hereby amended by striking out the first sentence and inserting in place thereof the
1100	1100	1075following sentence:- The board, after such notice as it may direct, shall hold at least 1 public
1101	1101	1076hearing in the city or town in which the greater portion of said land in question is located.
1102	1102	1077 SECTION 71. Said chapter 164 is hereby further amended by inserting after section 69S
1103	1103	1078the following 4 sections:-
1104	1104	1079 Section 69T. (a) The energy facilities siting board may issue consolidated permits for
1105	1105	1080large clean energy infrastructure facilities. No applicant shall commence construction of a large
1106	1106	1081clean energy infrastructure facility at a site unless an application for a consolidated permit for
1107	1107	1082such facility pursuant to this section has been approved by the board and no state agency shall
1108	1108	1083issue a construction permit for any such facility unless the petition to construct such facility has
1109	1109	1084been approved by the board. For purposes of this section, construction shall not include
1110	1110	1085contractual obligations to purchase facilities or equipment.
1111	1111	1086 (b) The board shall establish the following criteria governing the siting and permitting of
1112	1112	1087large clean energy infrastructure facilities: (i) a uniform set of baseline health, safety, 51 of 96
1113	1113	1088environmental and other standards that apply to the issuance of a consolidated permit; (ii) a
1114	1114	1089common standard application to be used when submitting an application to the board; (iii) pre-
1115	1115	1090filing requirements commensurate with the scope and scale of the proposed large clean energy
1116	1116	1091infrastructure facility, which shall include specific requirements for pre-filing consultations with
1117	1117	1092permitting agencies and the Massachusetts environmental policy act office, public meetings and
1118	1118	1093other forms of outreach that must occur in advance of an applicant submitting an application; (iv)
1119	1119	1094standards for applying site suitability criteria developed by the executive office of energy and
1120	1120	1095environmental affairs pursuant to section 30 of chapter 21A to evaluate the social and
1121	1121	1096environmental impacts of proposed large clean energy infrastructure project sites and which shall
1122	1122	1097include a mitigation hierarchy to be applied during the permitting process to avoid or minimize
1123	1123	1098or, if impacts cannot be avoided or minimized, mitigate impacts of siting on the environment,
1124	1124	1099people and goals and objectives of the commonwealth for climate mitigation, carbon storage and
1125	1125	1100sequestration, resilience, biodiversity and protection of natural and working lands to the extent
1126	1126	1101practicable; (v) standards for applying the cumulative impacts analysis standards and guidelines
1127	1127	1102developed by the office of environmental justice and equity pursuant to section 29 of chapter
1128	1128	110321A to evaluate and minimize the impacts of large clean energy infrastructure facilities in the
1129	1129	1104context of existing infrastructure and conditions; (vi) standard permit conditions and
1130	1130	1105requirements for a single permit consolidating all necessary local, regional and state approvals to
1131	1131	1106be issued to different types of large clean energy infrastructure facilities in the event that
1132	1132	1107constructive approval is triggered through the non-issuance of a permit by the board pursuant to
1133	1133	1108subsection (i); and (vii) entities responsible for compliance and enforcement of permit
1134	1134	1109conditions, including in the event of sale of large clean energy infrastructure facilities after
1135	1135	1110permitting. 52 of 96
1136	1136	1111 (c) An application for a consolidated permit for a large clean transmission and
1137	1137	1112distribution infrastructure facility shall include, in such form and detail as the board shall from
1138	1138	1113time to time prescribe, the following information: (i) a description of the large clean transmission
1139	1139	1114and distribution infrastructure facility, site and surrounding areas; (ii) an analysis of the need for
1140	1140	1115the large clean transmission and distribution infrastructure facility, either within or outside or
1141	1141	1116both within and outside the commonwealth, including a description of energy benefits; (iii) a
1142	1142	1117description of the alternatives to the large clean transmission and distribution infrastructure
1143	1143	1118facility including siting and project alternatives to avoid or minimize or, if impacts cannot be
1144	1144	1119avoided or minimized, mitigate impacts; (iv) a description of the environmental impacts of the
1145	1145	1120large clean transmission and distribution infrastructure facility, including both environmental
1146	1146	1121benefits and burdens; (v) evidence that all pre-filing consultation and community engagement
1147	1147	1122requirements established by the board have been satisfied and, if not, demonstrate good cause for
1148	1148	1123a waiver of the requirements that could not be satisfied by the applicant; and (vi) a cumulative
1149	1149	1124impact analysis. The board may issue and revise filing guidelines after public notice and a period
1150	1150	1125for comment.
1151	1151	1126 (d) An application for a consolidated permit for a large clean energy generation facility or
1152	1152	1127large clean energy storage facility shall include, in such form and detail as the board shall from
1153	1153	1128time to time prescribe, the following information: (i) a description of the large clean energy
1154	1154	1129generation facility’s or large clean energy storage facility’s site and surrounding areas, including
1155	1155	1130any ancillary structures and related facilities and a description of the energy benefits of the large
1156	1156	1131clean energy generation facility or large clean energy storage facility; (ii) a description of the
1157	1157	1132environmental impacts of the large clean energy generation facility or large clean energy storage
1158	1158	1133facility, including both environmental benefits and burdens; (iii) a description of the project site 53 of 96
1159	1159	1134selection process and alternatives analysis used in choosing the location of the proposed large
1160	1160	1135clean energy generation facility or large clean energy storage facility to avoid or minimize or, if
1161	1161	1136impacts cannot be avoided or minimized, mitigate impacts; (iv) evidence that all pre-filing
1162	1162	1137consultation and community requirements established by the board have been satisfied and, if
1163	1163	1138not, demonstrate good cause for a waiver of the requirements that could not be satisfied by the
1164	1164	1139applicant; and (v) a cumulative impact analysis. The board shall be empowered may issue and
1165	1165	1140revise filing guidelines after public notice and a period for comment.
1166	1166	1141 (e) Review by the board of the application shall be an adjudicatory proceeding under
1167	1167	1142chapter 30A. The authority of the board to conduct the adjudicatory proceeding under the
1168	1168	1143provisions of this section may be delegated in whole or in part to the employees of the
1169	1169	1144department. Pursuant to the rules of the board, such employees shall report back to the board
1170	1170	1145with recommended decisions for final action thereon.
1171	1171	1146 (f) The board shall determine whether a large clean energy infrastructure facility permit
1172	1172	1147application is complete within 30 days of receipt. If an application is deemed not complete, the
1173	1173	1148applicant shall have 30 days to cure any deficiencies identified by the board before the
1174	1174	1149application is rejected. The board may provide extensions of time to cure deficiencies if the
1175	1175	1150applicant can demonstrate there are extenuating circumstances.
1176	1176	1151 (g) The board shall conduct a public hearing in at least 1 of the affected cities or towns in
1177	1177	1152which a large clean energy infrastructure facility would be located.
1178	1178	1153 (h) Following a determination that an application for a large clean energy infrastructure
1179	1179	1154facility is complete, all municipal, regional and state agencies, authorities, boards, commissions,
1180	1180	1155offices or other entities that would otherwise be required to issue at least 1 permits to the facility 54 of 96
1181	1181	1156shall be deemed to be substantially and specifically affected by the proceeding and upon
1182	1182	1157notification to the board shall have intervenor status in the proceeding to review the facility’s
1183	1183	1158application. All municipal, regional and state agencies, authorities, boards, commissions, offices
1184	1184	1159or other entities that would otherwise be required to issue at least 1 permit to the facility shall be
1185	1185	1160afforded an opportunity to submit statements of recommended permit conditions to the board
1186	1186	1161relative to the respective permits that each agency would be responsible for otherwise issuing
1187	1187	1162themselves.
1188	1188	1163 (i) The board shall establish timeframes for reviewing different types of large clean
1189	1189	1164energy infrastructure facilities based on the complexity of the facility, the need for an exemption
1190	1190	1165from local zoning requirements and community impacts, but in no instance shall the board take
1191	1191	1166more than 15 months from the determination of application completeness to render a final
1192	1192	1167decision on an application. The board shall have the authority to approve, approve with
1193	1193	1168conditions or reject a consolidated permit application. If no final decision is issued within the
1194	1194	1169deadline established by the board for the type of large clean energy infrastructure facility, the
1195	1195	1170board shall issue a permit granting approval to construct that adopts the common conditions and
1196	1196	1171requirements established by the board through regulations for the type of large clean energy
1197	1197	1172infrastructure facility under review, which shall be deemed a final decision of the board. A
1198	1198	1173consolidated permit, if issued, shall be in the form of a composite of all individual permits,
1199	1199	1174approvals or authorizations which would otherwise be necessary for the construction and
1200	1200	1175operation of the large clean energy infrastructure facility and that portion of the consolidated
1201	1201	1176permit which relates to subject matters within the jurisdiction of a state or local agency shall be
1202	1202	1177enforced by said agency under other applicable laws of the commonwealth as if it had been
1203	1203	1178directly granted by the said agency. 55 of 96
1204	1204	1179 Section 69U. (a) Upon request by an applicant and upon a showing of good cause, the
1205	1205	1180board may issue a consolidated permit for a small clean transmission and distribution
1206	1206	1181infrastructure facility that is not automatically subject to the jurisdiction of the board pursuant to
1207	1207	1182section 69G, if the applicant petitions the board to be granted a consolidated permit for such
1208	1208	1183facility. The board shall review such petition in accordance with subsections (b) and (c). The
1209	1209	1184board may issue such consolidated permit upon finding that the small clean transmission and
1210	1210	1185distribution infrastructure facility will serve the public convenience and is consistent with the
1211	1211	1186public interest. Upon application for a consolidated permit under this section, no applicant shall
1212	1212	1187commence construction of a small clean transmission and distribution infrastructure facility at a
1213	1213	1188site unless a consolidated permit for construction of that small clean transmission and
1214	1214	1189distribution infrastructure facility pursuant to this section has been approved by the board. For
1215	1215	1190purposes of this section, construction shall not include contractual obligations to purchase such
1216	1216	1191facilities or equipment.
1217	1217	1192 (b) The board shall establish the same criteria governing the siting and permitting of
1218	1218	1193small clean transmission and distribution infrastructure facilities eligible to submit an application
1219	1219	1194under this section as it is required to establish for large clean energy infrastructure facilities
1220	1220	1195under subsection (b) of section 69T. An application for a consolidated permit for a small clean
1221	1221	1196transmission and distribution infrastructure facility shall include the same elements as required
1222	1222	1197for large clean transmission and distribution infrastructure facilities under subsection (c) of
1223	1223	1198section 69T. Subject to subsection (c) of this section, the provisions of subsections (d) to (i),
1224	1224	1199inclusive, of section 69T shall apply to the process followed by the board regarding the issuance
1225	1225	1200of a consolidated permit to any small clean transmission and distribution infrastructure facility
1226	1226	1201under this section. 56 of 96
1227	1227	1202 (c) The board shall establish timeframes and procedures for reviewing different types of
1228	1228	1203small clean transmission and distribution infrastructure facilities based on the complexity of the
1229	1229	1204facility and the need for an exemption from local zoning requirements, but in no instance shall
1230	1230	1205the board take more than 12 months from the determination of application completeness to
1231	1231	1206render a final decision on an application. The board shall have the authority to approve, approve
1232	1232	1207with conditions or reject a permit application. If no final decision is issued within the deadline
1233	1233	1208for the type of small clean transmission and distribution infrastructure facility established by the
1234	1234	1209board, the board shall issue a permit granting approval to construct that adopts the common
1235	1235	1210conditions and requirements established by the board in regulation for the type of small clean
1236	1236	1211transmission and distribution infrastructure facility under review, which shall be deemed a final
1237	1237	1212decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all
1238	1238	1213individual permits, approvals or authorizations which would otherwise be necessary for the
1239	1239	1214construction and operation of the clean transmission and distribution infrastructure facility and
1240	1240	1215that portion of the consolidated permit which relates to subject matters within the jurisdiction of
1241	1241	1216a state or local agency shall be enforced by said agency under the other applicable laws of the
1242	1242	1217commonwealth as if it had been directly granted by said agency.
1243	1243	1218 Section 69V. (a) The board may issue consolidated state permits for small clean energy
1244	1244	1219generation and small clean energy storage facilities. Owners or proponents of small clean energy
1245	1245	1220generation facilities and small clean energy storage facilities may submit an application to the
1246	1246	1221board to be granted a consolidated permit that shall include all state permits necessary to
1247	1247	1222construct the small clean energy generation facility or small clean energy storage facility. All
1248	1248	1223local government permits and approvals for such small clean energy generation facilities and 57 of 96
1249	1249	1224small clean energy storage facilities shall be issued separately pursuant to section 21 of chapter
1250	1250	122525A.
1251	1251	1226 (b) The board shall establish the same criteria governing the siting and permitting of
1252	1252	1227small clean energy generation facilities and small clean energy storage facilities eligible to
1253	1253	1228submit an application under this section as it is required to establish for large clean energy
1254	1254	1229infrastructure facilities in subsection (b) of section 69T. An application for a consolidated permit
1255	1255	1230for a small clean energy generation facility or small clean energy storage facility eligible to
1256	1256	1231submit an application under this section shall include the same elements as required for large
1257	1257	1232clean energy generation facilities and large clean energy storage facilities under subsection (d) of
1258	1258	1233section 69T. The provisions of subsections (e) to (g), inclusive, of section 69T shall apply to the
1259	1259	1234issuance of a consolidated permit to any small clean energy generation facility or small clean
1260	1260	1235energy storage facility under this section.
1261	1261	1236 (c) The board shall not take more than 12 months from the determination of application
1262	1262	1237completeness to render a final decision on an application. The board shall have the authority to
1263	1263	1238approve, approve with conditions or reject a permit application. If no final decision is issued
1264	1264	1239within the deadline for the type of small clean energy generation facility or small clean energy
1265	1265	1240storage facility established by the board, the board shall issue a permit granting approval to
1266	1266	1241construct that adopts the common conditions and requirements established by the board in
1267	1267	1242regulation for the type of small clean energy generation facility or small clean energy storage
1268	1268	1243facility under review, which shall be deemed a final decision of the board. A consolidated permit
1269	1269	1244shall be in the form of a composite of all individual permits, approvals or authorizations which
1270	1270	1245would otherwise be necessary for the construction and operation of the small clean energy
1271	1271	1246generation facility or small clean energy storage facility and that portion of the consolidated 58 of 96
1272	1272	1247permit which relates to subject matters within the jurisdiction of a state or local agency shall be
1273	1273	1248enforced by said agency under the other applicable laws of the commonwealth as if it had been
1274	1274	1249directly granted by said agency.
1275	1275	1250 Section 69W. (a) Owners or proponents of small clean energy infrastructure facilities that
1276	1276	1251have received a final decision on or a constructive approval of a consolidated local permit
1277	1277	1252application from a local government, as defined in section 21 of chapter 25A, or other parties
1278	1278	1253substantially and specifically affected by the decision of the local government may submit a
1279	1279	1254request for a de novo adjudication of the local permit application by the director. Subject to the
1280	1280	1255provisions of subsection (g) of section 21 of chapter 25A, a local government may also submit a
1281	1281	1256request for a de novo adjudication if their resources, capacity and staffing do not allow for
1282	1282	1257review of a small clean energy infrastructure facility’s permit application within the required
1283	1283	1258maximum 12-month timeframe for local government review established by section 21 of chapter
1284	1284	125925A. Review by the director of the board of the request for de novo adjudication shall be deemed
1285	1285	1260an adjudicatory proceeding under the provisions of chapter 30A.
1286	1286	1261 (b) A request for a de novo adjudication by an owner or proponent of a small clean
1287	1287	1262energy infrastructure facility or other party substantially and specifically affected by a final
1288	1288	1263decision of a local government must be filed within 30 days of such decision.
1289	1289	1264 (c) Upon determination that at least 1 party seeking a de novo adjudication are
1290	1290	1265substantially and specifically affected, the director of the board shall review the request and the
1291	1291	1266local government’s final decision for consistency with the regulations adopting statewide
1292	1292	1267permitting standards for such facilities established by the department of energy resources
1293	1293	1268pursuant to section 21 of chapter 25A. The director shall render a decision on the request within 59 of 96
1294	1294	12696 months of receipt of the application and such decision shall be final. If the local government’s
1295	1295	1270decision is found to be inconsistent with the regulatory standards established by the department
1296	1296	1271of energy resources, the director may issue a final decision that supersedes the local
1297	1297	1272government’s prior decision and imposes new local permit conditions that are consistent with the
1298	1298	1273laws of the commonwealth.
1299	1299	1274 (d) The board shall establish regulations governing the process the director of the facility
1300	1300	1275siting division shall follow to conduct the review of requests for de novo adjudication under this
1301	1301	1276section.
1302	1302	1277 SECTION 72. Said chapter 164 is hereby further amended by striking out sections 72
1303	1303	1278and 72A, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2
1304	1304	1279sections:-
1305	1305	1280 Section 72. An electric company, distribution company, generation company or
1306	1306	1281transmission company or any other entity providing or seeking to provide transmission service
1307	1307	1282may petition the energy facilities siting board for authority to construct and use or to continue to
1308	1308	1283use as constructed or with altered construction a line for the transmission of electricity for
1309	1309	1284distribution in some definite area or for supplying electricity to itself or to another electric
1310	1310	1285company or to a municipal lighting plant for distribution and sale or to a railroad, street railway
1311	1311	1286or electric railroad for the purpose of operating it and shall represent that such line will or does
1312	1312	1287serve the public convenience and is consistent with the public interest. The company shall
1313	1313	1288forward at the time of filing such petition a copy thereof to each city and town within such area.
1314	1314	1289The company shall file with such petition a general description of such transmission line and a
1315	1315	1290map or plan showing the towns through which the line will or does pass and its general location. 60 of 96
1316	1316	1291The company shall also furnish an estimate showing in reasonable detail the cost of the line and
1317	1317	1292such additional maps and information as the energy facilities siting board requires. The energy
1318	1318	1293facilities siting board, after notice and a public hearing in at least 1 of the towns affected, may
1319	1319	1294determine that said line is necessary for the purpose alleged and will serve the public
1320	1320	1295convenience and is consistent with the public interest. If the electric company, distribution
1321	1321	1296company, generation company or transmission company or any other entity providing or seeking
1322	1322	1297to provide transmission service shall file with the energy facilities siting board a map or plan of
1323	1323	1298the transmission line showing the towns through which it will or does pass, the public ways,
1324	1324	1299railroads, railways, navigable streams and tide waters in the town named in said petition which it
1325	1325	1300will cross and the extent to which it will be located upon private land or upon, under or along
1326	1326	1301public ways and places the energy facilities siting board, after such notice as it may direct, shall
1327	1327	1302hold a public hearing in at least 1 of the towns through which the line passes or is intended to
1328	1328	1303pass. The energy facilities siting board may by order authorize an electric company, distribution
1329	1329	1304company, generation company or transmission company or any other entity to take by eminent
1330	1330	1305domain under chapter 79 such lands, or such rights of way or widening thereof or other
1331	1331	1306easements therein necessary for the construction and use or continued use as constructed or with
1332	1332	1307altered construction of such line along the route prescribed in the order of the energy facilities
1333	1333	1308siting board. The energy facilities siting board shall transmit a certified copy of its order to the
1334	1334	1309company and the town clerk of each affected town. The company may at any time before such
1335	1335	1310hearing modify the whole or a part of the route of said line, either of its own motion or at the
1336	1336	1311insistence of the energy facilities siting board or otherwise and, in such case, shall file with the
1337	1337	1312energy facilities siting board maps, plans and estimates as aforesaid showing such changes. If the
1338	1338	1313energy facilities siting board dismisses the petition at any stage in said proceedings, no further 61 of 96
1339	1339	1314action shall be taken thereon and the company may file a new petition not sooner than 1 year
1340	1340	1315after the date of such dismissal. When a taking under this section is effected, the company may
1341	1341	1316forthwith, except as hereinafter provided, proceed to erect, maintain and operate thereon said
1342	1342	1317line. If the company shall not enter upon and construct such line upon the land so taken within 1
1343	1343	1318year thereafter, its right under such taking shall cease and terminate. No lands or rights of way or
1344	1344	1319other easements therein shall be taken by eminent domain under the provisions of this section in
1345	1345	1320any public way, public place, park or reservation, or within the location of any railroad, electric
1346	1346	1321railroad or street railway company except with the consent of such company and on such terms
1347	1347	1322and conditions as it may impose or except as otherwise provided in this chapter; and no
1348	1348	1323electricity shall be transmitted over any land, right of way or other easement taken by eminent
1349	1349	1324domain as herein provided until the electric company, distribution company, generation company
1350	1350	1325or transmission company or any other entity shall have acquired from the select board or such
1351	1351	1326other authority having jurisdiction all necessary rights in the public ways or public places in the
1352	1352	1327town or towns, or in any park or reservation, through which the line will or does pass. No entity
1353	1353	1328shall be authorized under this section or section 69R or section 24 of chapter 164A to take by
1354	1354	1329eminent domain any lands or rights of way or other easements therein held by an electric
1355	1355	1330company or transmission company to support an existing or proposed transmission line without
1356	1356	1331the consent of the electric company or transmission company.
1357	1357	1332 No electric company, distribution company, generation company or transmission
1358	1358	1333company or any other entity providing or seeking to provide transmission services shall be
1359	1359	1334required to petition the energy facilities siting board under this section unless it is seeking
1360	1360	1335authorization to take lands, rights of way or other easements under chapter 79. 62 of 96
1361	1361	1336 Section 72A. The energy facilities siting board may upon petition authorize an electric
1362	1362	1337company to enter upon lands of any person or corporation for the purpose of making a survey
1363	1363	1338preliminary to eminent domain proceedings. The energy facilities siting board shall give notice
1364	1364	1339of the authorization granted, by registered mail, to the landowners involved not less than 5 days
1365	1365	1340prior to any entry by such electric company. The company entering upon any such lands shall be
1366	1366	1341subject to liability for any damages occasioned thereby to be recovered under chapter 79.
1367	1367	1342 SECTION 73. Said chapter 164 is hereby further amended by striking out section 75C as
1368	1368	1343so appearing, and inserting in place thereof the following section:-
1369	1369	1344 Section 75C. A natural gas pipeline company may petition the energy facilities siting
1370	1370	1345board for the right to exercise the power of eminent domain under chapter 79. It shall file with
1371	1371	1346such petition a general description of such pipeline and a map or plan thereof showing the rights
1372	1372	1347of way, easements and other interests in land or other property proposed to be taken for such use,
1373	1373	1348the towns through which such pipeline will pass, the public ways, railroads, railways, navigable
1374	1374	1349streams and tide waters in the town or towns named in the petition that it will cross and the
1375	1375	1350extent to which it will be located upon private land and upon, under or along public ways, lands
1376	1376	1351and places. Upon the filing of such petition, the energy facilities siting board, after such notice as
1377	1377	1352it may direct, shall hold a public hearing in at least 1 of the towns through which the pipeline is
1378	1378	1353intended to pass and may, by order, authorize the company to take by eminent domain under said
1379	1379	1354chapter 79 such lands or such rights of way, easements or other interests in land or other property
1380	1380	1355necessary for the construction, operation, maintenance, alteration and removal of the pipeline,
1381	1381	1356compressor stations, appliances, appurtenances and other equipment along the route described in
1382	1382	1357the order of the energy facilities siting board. The energy facilities siting board shall transmit a
1383	1383	1358certified copy of its order to the company and the town clerk of each affected town. The 63 of 96
1384	1384	1359company may, at any time before such hearings, modify the whole or a part of the route of said
1385	1385	1360pipeline, either of its own motion or at the insistence of the energy facilities siting board or
1386	1386	1361otherwise and, in such case, shall file with the energy facilities siting board maps, plans and
1387	1387	1362estimates showing such changes. If the energy facilities siting board dismisses the petition at any
1388	1388	1363stage in the proceedings, no further action shall be taken thereon and the company may file a
1389	1389	1364new petition not sooner than 1year after the date of such dismissal.
1390	1390	1365 When a taking under this section is effected, the company may forthwith, except as
1391	1391	1366hereinafter provided, proceed to construct, install, maintain and operate thereon said pipeline. If
1392	1392	1367the company shall not enter upon and construct such line upon the land so taken within 1 year
1393	1393	1368thereafter, its right under such taking shall cease and terminate. No lands or rights of way or
1394	1394	1369easements therein shall be taken by eminent domain under the provisions of this section in any
1395	1395	1370public way, public place, park or reservation or within the location of any railroad, electric
1396	1396	1371railroad or street railway company, except that such pipeline may be constructed under any
1397	1397	1372public way or any way dedicated to the public use; provided, however, that the rights granted
1398	1398	1373hereunder shall not affect the right or remedy to recover damages for an injury caused to persons
1399	1399	1374or property by the acts of such company and such company shall put all such streets, lanes and
1400	1400	1375highways in as good repair as they were when opened by such company and the method of such
1401	1401	1376construction and the plans and specifications therefor have been approved either generally or in
1402	1402	1377any particular instance by the energy facilities siting board or, in the case of state highways, by
1403	1403	1378the department of highways; and provided further, that natural gas pipeline companies may
1404	1404	1379construct such lines under, over or across the location on private land of any railroad, electric
1405	1405	1380railroad or street railway corporation subject to the provisions of section 73. Rights of way, 64 of 96
1406	1406	1381buildings, structures or lands to be used in the construction of such pipelines over or upon the
1407	1407	1382lands referred to therein shall be governed by the provisions of section 34A of chapter 132.
1408	1408	1383 SECTION 74. Section 92 of said chapter 164, as so appearing, is hereby amended by
1409	1409	1384inserting after the word “corporation”, in line 13, the following words:- ; provided further,
1410	1410	1385however, that, notwithstanding any general or special law to the contrary, in determining whether
1411	1411	1386to issue an order directing a corporation to supply a petitioner with gas service, the department
1412	1412	1387shall consider: (i) whether the grant of the petition is in the public interest, including the public
1413	1413	1388interest in reducing greenhouse gas emissions and complying with the limits and sublimits
1414	1414	1389established pursuant to chapter 21N; and (ii) whether, in the totality of the circumstances, the
1415	1415	1390petitioner can secure adequate substitutes for gas-fired services for space heating, water heating
1416	1416	1391and cooking appliances, which, in the case of space heating, may include thermal energy that
1417	1417	1392provides heating or cooling without combustion; provided further, that the department may, in
1418	1418	1393order to advance the public interest in reducing greenhouse gas emissions and complying with
1419	1419	1394the limits and sublimits established pursuant to said chapter 21N, order actions that may vary the
1420	1420	1395uniformity of the availability of natural gas service in the commonwealth.
1421	1421	1396 SECTION 75. Section 141 of said chapter 164, as so appearing, is hereby amended by
1422	1422	1397striking out the last sentence and inserting in place thereof the following sentence:- Where the
1423	1423	1398scale of on-site generation would have an impact on affordability for low-income or eligible
1424	1424	1399moderate-income customers, a fully compensating adjustment shall be made to the low-income
1425	1425	1400or moderate-income rate discount.
1426	1426	1401 SECTION 76. Said chapter 164 is hereby further amended by striking out section 145, as
1427	1427	1402so appearing, and inserting in place thereof the following section:- 65 of 96
1428	1428	1403 Section 145. (a) For the purposes of this section, the following words shall, unless the
1429	1429	1404context clearly requires otherwise, have the following meanings:-
1430	1430	1405 “Customer”, a retail natural gas customer.
1431	1431	1406 “Decommissioning proposal”, a proposal to decommission a portion of existing natural
1432	1432	1407gas infrastructure to be retired or replaced by a non-gas pipe alternative.
1433	1433	1408 “Eligible infrastructure measure”, a retirement, repair or replacement of existing
1434	1434	1409infrastructure of a gas company that: (i) is made on or after January 1, 2015 and not later than
1435	1435	1410December 31, 2028; (ii) seeks in a balanced manner to preserve and improve public safety,
1436	1436	1411improve infrastructure reliability, minimize ratepayer impacts, minimize the risk of stranded
1437	1437	1412assets and reduce greenhouse gas emissions in compliance with the limits and sublimits
1438	1438	1413established in chapter 21N; (iii) does not increase the revenue of a gas company by connecting
1439	1439	1414an improvement for a principal purpose of serving new customers; (iv) is not included in the
1440	1440	1415current rate base of the gas company as determined in the gas company's most recent rate
1441	1441	1416proceeding; (v) may include use of advanced leak repair technology approved by the department
1442	1442	1417to repair an existing leak-prone gas pipe to extend the useful life of the such gas pipe by not less
1443	1443	1418than 10 years; (vi) may include replacing gas infrastructure with utility-scale non-emitting
1444	1444	1419renewable thermal energy infrastructure; (vii) involves circumstances in which a non-gas pipe
1445	1445	1420alternative has been shown to be infeasible or not cost-effective; and (viii) is not inconsistent
1446	1446	1421with the greenhouse gas emissions limits and sublimits established in said chapter 21N.
1447	1447	1422 “Non-emitting renewable thermal energy infrastructure”, utility-scale distribution
1448	1448	1423infrastructure that supplies heating or cooling from fuel sources whose combustion does not emit
1449	1449	1424greenhouse gas emissions as defined in section 1 of chapter 21N; provided, however, that such 66 of 96
1450	1450	1425infrastructure may include, but shall not be limited to, infrastructure for networked geothermal
1451	1451	1426and deep geothermal energy.
1452	1452	1427 “Non-gas pipe alternative”, an activity or investment that delays, reduces or avoids the
1453	1453	1428need to build or upgrade traditional natural gas infrastructure including, but not limited to,
1454	1454	1429electrification or non-emitting renewable thermal energy infrastructure.
1455	1455	1430 “Plan”, a detailed compilation of eligible infrastructure measures and decommissioning
1456	1456	1431proposals that a gas company files pursuant to subsection (b).
1457	1457	1432 “Project”, an eligible infrastructure measure or decommissioning proposal as proposed by
1458	1458	1433a gas company in a plan filed under this section.
1459	1459	1434 (b) A gas company shall file with the department a plan that shall include annual targets
1460	1460	1435for the department's review. The department shall review such annual targets to ensure each gas
1461	1461	1436company is meeting the appropriate pace to preserve and improve public safety, improve
1462	1462	1437infrastructure reliability, minimize the risk of stranded assets and reduce greenhouse gas
1463	1463	1438emissions in compliance with the limits and sublimits established in chapter 21N. A gas
1464	1464	1439company filing a plan shall update the targets each year based on overall progress. The
1465	1465	1440department may levy a penalty against any gas company that fails to meet its most recently
1466	1466	1441updated annual target in an amount up to and including the equivalent of 2.5 per cent of such gas
1467	1467	1442company’s transmission and distribution service revenues for the previous calendar year.
1468	1468	1443 (c) Any plan filed with the department shall include, but not be limited to: (i) capital
1469	1469	1444investment in eligible infrastructure measures and decommissioning proposals concerning mains,
1470	1470	1445services, leak-prone meter sets and other ancillary facilities composed of non-cathodically
1471	1471	1446protected steel, cast iron and wrought iron, prioritized to implement the federal gas distribution 67 of 96
1472	1472	1447pipeline integrity management plan annually submitted to the department and consistent with
1473	1473	1448subpart P of 49 C.F.R. part 192; (ii) an evaluation of the cost to retire, replace or repurpose
1474	1474	1449natural gas infrastructure with non-pipe alternatives including, but not limited to, utility-scale
1475	1475	1450non-emitting renewable thermal energy infrastructure; (iii) an anticipated timeline for the
1476	1476	1451completion of each project; (iv) the estimated cost of each project; (v) rate change requests; (vi) a
1477	1477	1452description of customer costs and benefits under the plan, including the costs of potential
1478	1478	1453stranded assets and the benefits of avoiding financial exposure to such assets; (vii) the
1479	1479	1454relocations, where practical, of a meter located inside a structure to the outside of said structure
1480	1480	1455for the purpose of improving public safety; (viii) a comparison of costs and benefits of proposed
1481	1481	1456eligible infrastructure measures in low and moderate income communities with costs and
1482	1482	1457benefits of such measures in upper income communities; (ix) a comparison of projected
1483	1483	1458greenhouse gas emissions reductions from eligible infrastructure measures with other investment
1484	1484	1459alternatives, such as electrification; (x) an analysis of how the proposed plan fits within the
1485	1485	1460company’s climate compliance plan approved by the department; and (xi) any other information
1486	1486	1461the department considers necessary to evaluate the plan.
1487	1487	1462 As part of each plan filed under this section, a gas company shall include a timeline for
1488	1488	1463remedying leak-prone infrastructure to preserve and improve public safety, improve
1489	1489	1464infrastructure reliability, minimize the risk of stranded assets and reduce greenhouse gas
1490	1490	1465emissions, on an accelerated basis specifying an annual remediation pace and an end date of
1491	1491	1466November 1, 2030. After filing the initial plan required under this section, a gas company shall
1492	1492	1467annually provide the department with a summary of its remediation progress to date, a summary
1493	1493	1468of work to be completed during the next 2 years and any similar information the department may
1494	1494	1469require. 68 of 96
1495	1495	1470 (d) If a gas company files a plan on or before October 31 for the subsequent construction
1496	1496	1471year, the department shall review the plan within 6 months. The plan shall be effective as of the
1497	1497	1472date of filing, pending department review. The department may modify a plan prior to approval
1498	1498	1473at the request of a gas company or make other modifications to a plan as a condition of approval.
1499	1499	1474The department shall consider the costs and benefits of the plan, including preserving and
1500	1500	1475improving public safety, minimizing ratepayer impacts, improving infrastructure reliability,
1501	1501	1476minimizing the risk of stranded assets and reducing greenhouse gas emissions in compliance
1502	1502	1477with the greenhouse gas emissions limits and sublimits established in chapter 21N.
1503	1503	1478 (e) If a plan is in compliance with this section and the department determines the plan
1504	1504	1479operates in a balanced manner to reasonably preserve and improve public safety, minimize
1505	1505	1480ratepayer impacts, improve infrastructure reliability, minimize the risk of stranded assets and
1506	1506	1481reduce greenhouse gas emissions in compliance with the limits and sublimits established in
1507	1507	1482chapter 21N, the department shall issue preliminary acceptance of the plan in whole or in part. A
1508	1508	1483gas company shall then be permitted to begin recovery of the estimated costs of projects included
1509	1509	1484in the plan beginning on May 1 of the year following the initial filing and collect any revenue
1510	1510	1485requirement, including depreciation, property taxes and return associated with the plan.
1511	1511	1486 (f) Annually, not later than May 1, a gas company shall file final project documentation
1512	1512	1487for projects completed in the prior year to demonstrate substantial compliance with the plan
1513	1513	1488approved pursuant to subsection (e) and that project costs were reasonably and prudently
1514	1514	1489incurred. The department shall investigate project costs within 6 months of submission and shall
1515	1515	1490approve and reconcile the authorized rate factor, if necessary, upon a determination that the costs
1516	1516	1491were reasonable and prudent. Annual changes in the revenue requirement eligible for recovery
1517	1517	1492shall not exceed the applicable percentages of the gas company’s most recent calendar year total 69 of 96
1518	1518	1493firm revenues, including gas revenues attributable to sales and transportation customers, as
1519	1519	1494established in subsection (i).
1520	1520	1495 (g) All rate change requests made to the department pursuant to an approved plan, shall
1521	1521	1496be filed annually on a fully reconciling basis, subject to final determination by the department
1522	1522	1497pursuant to subsection (f). The rate change included in a plan pursuant to section (c), reviewed
1523	1523	1498pursuant to subsection (d) and taking effect each May 1 pursuant to subsection (e) shall be
1524	1524	1499subject to investigation by the department pursuant to subsection (f) to determine whether the gas
1525	1525	1500company has over collected or under collected its requested rate adjustment with such over
1526	1526	1501collection or under collection reconciled annually. If the department determines that any of the
1527	1527	1502costs were not reasonably or prudently incurred, the department shall disallow the costs and
1528	1528	1503direct the gas company to refund the full value of the costs charged to customers with the
1529	1529	1504appropriate carrying charges on the over-collected amounts. If the department determines that
1530	1530	1505any of the costs were not in compliance with the approved plan, the department shall disallow
1531	1531	1506the costs from the cost recovery mechanism established under this section and shall direct the gas
1532	1532	1507company to refund the full value of the costs charged to customers with the appropriate carrying
1533	1533	1508charges on the over collected amounts.
1534	1534	1509 (h) Notwithstanding any general or special law or regulation to the contrary, pursuant to a
1535	1535	1510decommissioning proposal approved by the department, a gas company may terminate natural
1536	1536	1511gas service to a customer where such proposal ensures that the affected customer retains
1537	1537	1512continuous access to safe, reliable and affordable energy services and can secure adequate
1538	1538	1513substitutes for gas-fired services as determined by the department. 70 of 96
1539	1539	1514 (i) For the purposes of subsection (f), the applicable percentage of the local gas
1540	1540	1515distribution company’s most recent calendar year total firm revenues, including gas revenues
1541	1541	1516attributable to sales and transportation customers, beginning:
1542	1542	1517 (A) on or after November 1, 2024, and before November 1, 2025, shall be 2.8 per cent;
1543	1543	1518 (B) on or after November 1, 2025, and before November 1, 2026, shall be 2.5 per cent;
1544	1544	1519 (C) on or after November 1, 2026, and before November 1, 2027, shall be 2.0 per cent;
1545	1545	1520 (D) on or after November 1, 2027, and before November 1, 2028, shall be 1.5 per cent;
1546	1546	1521 (E) on or after November 1, 2028, and before November 1, 2029, shall be 1.0 per cent;
1547	1547	1522 (F) on or after November 1, 2029, and before November 1, 2030, shall be 0.5 per cent;
1548	1548	1523and
1549	1549	1524 (G) on or after November 1, 2030, shall be 0 per cent.
1550	1550	1525 (j) The department may promulgate rules and regulations to carry out the provisions of
1551	1551	1526this section. The department may discontinue a plan and require a gas company to refund any
1552	1552	1527costs charged to customers due to failure to substantially comply with such plan or failure to
1553	1553	1528reasonably and prudently manage project costs.
1554	1554	1529 SECTION 77. Said chapter 164 is hereby further amended by adding the following
1555	1555	1530section:-
1556	1556	1531 Section 149. (a) For the purposes of this section, the following words shall have the
1557	1557	1532following meanings unless the context clearly requires otherwise:- 71 of 96
1558	1558	1533 “Director”, the director of the division of public participation, as established by section
1559	1559	153412T of chapter 25.
1560	1560	1535 “Governmental body”, a city, town, district, regional school district, county or agency,
1561	1561	1536board, commission, authority, department or instrumentality of a city, town, district, regional
1562	1562	1537school district or county.
1563	1563	1538 “Grantee”, an organization, entity, governmental body, federally recognized tribe, state
1564	1564	1539acknowledged tribe or state recognized tribe that has received a grant award under this section.
1565	1565	1540 “Prospective grantee”, an organization, entity, governmental body, federally recognized
1566	1566	1541tribe, state acknowledged tribe, or state recognized tribe that has applied or plans to apply for a
1567	1567	1542grant under this section.
1568	1568	1543 (b) The department may make available as grants, funds deposited into the Department of
1569	1569	1544Public Utilities and Energy Facilities Siting Board Intervenor Support Fund established by
1570	1570	1545section 12S of chapter 25 to parties that have been granted intervenor status by the department or
1571	1571	1546the board pursuant to clause (4) of the second sentence of the first paragraph of section 10 of
1572	1572	1547chapter 30A and corresponding department and board regulations and that are: (i) organizations
1573	1573	1548and entities that advocate on behalf of a relevant subset of residential customers defined
1574	1574	1549geographically or based on specific shared interests; (ii) organizations and entities that advocate
1575	1575	1550on behalf of low-income or moderate-income residential populations, residents of historically
1576	1576	1551marginalized or overburdened and underserved communities; or (iii) governmental bodies,
1577	1577	1552federally recognized tribes, state acknowledged tribes or state recognized tribes.
1578	1578	1553 (c) The director, in consultation with the office of environmental justice and equity
1579	1579	1554established under section 29 of chapter 21A, shall establish criteria to determine whether and to 72 of 96
1580	1580	1555what extent, a prospective grantee shall be eligible to receive a grant award pursuant to this
1581	1581	1556section. Such criteria shall include, but not be limited to, whether the prospective grantee: (i)
1582	1582	1557lacks the financial resources that would enable it to intervene and participate in a department or
1583	1583	1558board proceeding absent a grant award pursuant to this section; and (ii) previously intervened in
1584	1584	1559department or board proceedings prior to the establishment of the intervenor support grant
1585	1585	1560program pursuant to this section; provided, however, that a municipality with a population of less
1586	1586	1561than 7,500 and that is a prospective grantee for a proceeding pertaining to a facility, large clean
1587	1587	1562energy infrastructure facility or small clean energy infrastructure facility, as those terms are
1588	1588	1563defined in section 69G, within its boundaries shall not be required to meet the criteria set forth
1589	1589	1564under this paragraph to receive a grant award pursuant to this section.
1590	1590	1565 (d) A prospective grantee seeking funding under this section shall submit a grant
1591	1591	1566application in a form and manner developed by the director demonstrating that it meets the
1592	1592	1567criteria established by the director in accordance with subsection (c). Such grant application shall
1593	1593	1568include: (i) a statement outlining the prospective grantee’s anticipated participation in the
1594	1594	1569department or board proceeding, to the extent it is known at the time of grant application; (ii) a
1595	1595	1570detailed estimated budget of anticipated attorney, consultant and expert, including community
1596	1596	1571expert, costs and fees and all other costs related to the preparation for, and intervention and
1597	1597	1572participation in, the proceeding; and (iii) background information on the attorneys, consultants
1598	1598	1573and experts, including community experts, that the prospective applicant plans to retain if
1599	1599	1574awarded grant funding. The director may, at their discretion, make conditional grant awards to
1600	1600	1575grant applicants that have not yet been granted intervenor status by the department or board;
1601	1601	1576provided, however, that no grant may be awarded until such intervenor status is granted. 73 of 96
1602	1602	1577 (e) A grant awarded pursuant to this section shall not exceed $150,000 for any single
1603	1603	1578department or board proceeding. The director shall, in the director’s sole discretion, determine
1604	1604	1579the amount of financial support being granted, taking into account the demonstrated needs of the
1605	1605	1580intervenor and the complexity of the proceeding. The director may, in the director’s sole
1606	1606	1581discretion: (i) upon the petition of a prospective grantee, award a grant exceeding $150,000 only
1607	1607	1582upon a demonstration of good cause, including the complexity of the proceeding in which the
1608	1608	1583grantee is intervening; and (ii) upon the petition of a grantee, provide additional grant funding
1609	1609	1584than initially requested under section (c) upon a showing that new, novel or complex issues have
1610	1610	1585arisen in the proceeding since the time the grant application was submitted pursuant that
1611	1611	1586subsection. The director shall consider the potential for intervenors to share costs through
1612	1612	1587collaborative efforts with other parties to a proceeding as part of determining the amount of
1613	1613	1588funding awarded to any prospective grantee and such intervenors shall be expected to reduce
1614	1614	1589duplicative costs to the extent possible in instances where the position or positions of multiple
1615	1615	1590intervenors align.
1616	1616	1591 (f) The aggregate grant funding for any individual department or board proceeding shall
1617	1617	1592not exceed $500,000; provided, however, that where the aggregate amount of funding being
1618	1618	1593requested exceeds $500,000, funding shall be allocated prospective grantees on the basis of their
1619	1619	1594relative financial hardship. The director may, at the director’s discretion and upon a
1620	1620	1595determination of good cause, provide funding exceeding $500,000 for any individual department
1621	1621	1596or board proceeding.
1622	1622	1597 (g) Ten per cent of grant funds awarded to a grantee, or a greater percentage as
1623	1623	1598determined by the director at the director’s sole discretion, may be expended on non-legal, non-
1624	1624	1599expert and non-consultant administrative costs directly attributable to the intervention and 74 of 96
1625	1625	1600participation in a proceeding before the department or board. All remaining grant funds may be
1626	1626	1601expended to retain qualified legal counsel, experts and consultants to assist in proceedings before
1627	1627	1602the department or board; provided, however, that such funds may be used to retain qualified
1628	1628	1603community experts, which shall include residential ratepayers and residents with lived
1629	1629	1604experience that can inform such proceedings. Such funding may be expended for administrative,
1630	1630	1605legal, consultant and expert costs associated with an intervention petition submitted pursuant to
1631	1631	1606clause (4) of the second sentence of the first paragraph section 10 of chapter 30A or section 10A
1632	1632	1607of said chapter 30A and corresponding department or board regulations, if applicable.
1633	1633	1608 (h) All grant payments to grantees shall be made from the Department of Public Utilities
1634	1634	1609and Energy Facilities Siting Board Intervenor Support Trust Fund established under chapter 12S
1635	1635	1610of chapter 25. Such grant payments shall be made only for reasonable costs incurred and upon
1636	1636	1611submission of a grant payment request by the grantee. Such grant payment requests shall be in a
1637	1637	1612form and manner as prescribed by the director and grant payments shall be made within 30 days
1638	1638	1613of receipt of such grant payment requests by the director to the grantee or to the entity designed
1639	1639	1614by the grantee to receive grant payments. The director, at the director’s discretion or as provided
1640	1640	1615for in regulations promulgated pursuant to this section, may provide grant payments before such
1641	1641	1616costs are incurred by the grantee upon a showing of financial hardship by the grantee.
1642	1642	1617 (i) All decisions pertaining to the issuance of financial support shall be made solely by
1643	1643	1618the director. The director shall have sole discretion to deny funding to a prospective grantee that
1644	1644	1619demonstrates a pattern of repeatedly delaying or obstructing, or attempting to repeatedly delay or
1645	1645	1620obstruct, proceedings or otherwise misuses or has misused funds. 75 of 96
1646	1646	1621 (j) In the department’s annual report required under section 2 of chapter 25, the director
1647	1647	1622shall include a report describing all activities of the Department of Public Utilities and Energy
1648	1648	1623Facilities Siting Board Intervenor Support Trust Fund established under section 12S of chapter
1649	1649	162425, including, but not limited to: (i) amounts credited to the fund, amounts expended from the
1650	1650	1625fund and any unexpended balance; (ii) a summary of the intervenor support grant fund
1651	1651	1626application process; (iii) the number of grant applications received, the number and amount of
1652	1652	1627awards granted and the number of grant applications rejected; (iv) the number of intervenors who
1653	1653	1628participated in proceedings with and without support from the fund; (v) an itemization of costs
1654	1654	1629incurred by and payments made to grantees; (vi) an evaluation of the impact and contribution of
1655	1655	1630grantees in department and board proceedings; (vii) a summary of education and outreach
1656	1656	1631activities conducted by the division of public participation established by section 12T of said
1657	1657	1632chapter 25 related to the intervenor support grant program; and (viii) any recommended changes
1658	1658	1633to the program.
1659	1659	1634 (k) The director shall develop:
1660	1660	1635 (i) accessible, multi-lingual and easily comprehensible web-based educational materials,
1661	1661	1636including forms and templates, to educate prospective grantees and the public on the intervenor
1662	1662	1637support grant program established pursuant to this section; and
1663	1663	1638 (ii) a robust virtual and in-person outreach program to educate prospective grantees and
1664	1664	1639the public about the intervenor support grant program established pursuant to this section.
1665	1665	1640 (l) The department, in consultation with the board, shall promulgate regulations to
1666	1666	1641implement this section. 76 of 96
1667	1667	1642 SECTION 78. Chapter 166 of the General Laws is amended by striking out section 28, as
1668	1668	1643appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
1669	1669	1644 Section 28. A company subject to this chapter, except a telegraph or telephone company,
1670	1670	1645desiring to construct a line for the transmission of electricity that will of necessity pass through at
1671	1671	1646least 1 city or town to connect the proposed termini of such line, whose petition for the location
1672	1672	1647necessary for such line has been refused or has not been granted within 3 months after the filing
1673	1673	1648thereof by the city council or the select board of the town through which the company intends to
1674	1674	1649construct such line, may apply to the energy facilities siting board for such location. The energy
1675	1675	1650facilities siting board shall hold a public hearing thereon after notice to the city council or select
1676	1676	1651board refusing or neglecting to grant such location and to all persons owning real estate abutting
1677	1677	1652upon any way in the city or town where such location is sought, as such ownership is determined
1678	1678	1653by the last assessment for taxation. The energy facilities siting board shall, if requested by the
1679	1679	1654city council or select board, hold the hearing in the city or town where the location is sought. If it
1680	1680	1655appears at the hearing that the company has already been granted and has accepted a location for
1681	1681	1656such line in 2 cities or in 2 towns or in a city and town adjoining the city or town refusing or
1682	1682	1657neglecting to grant a location or if it appears at the hearing that the company has already been
1683	1683	1658granted and has accepted locations for such line in a majority of the cities or towns or cities and
1684	1684	1659towns through which such line will pass and if the energy facilities siting board deems the
1685	1685	1660location necessary for public convenience and in the public interest, the board may by order
1686	1686	1661grant a location for such line in the city or town with respect to which the application is made
1687	1687	1662and shall have and exercise the powers and authority conferred by section 22 upon the city
1688	1688	1663council or select board and in addition to the provisions of law governing such company may
1689	1689	1664impose such other terms, limitations and restrictions as it deems public interest may require. The 77 of 96
1690	1690	1665energy facilities siting board shall cause an attested copy of its order, with the certificate of its
1691	1691	1666clerk, endorsed thereon, that the order was adopted after due notice and a public hearing, to be
1692	1692	1667forwarded to the city or town clerk, who shall record the same and furnish attested copies
1693	1693	1668thereof. The company in whose favor the order is made shall pay for such record and attested
1694	1694	1669copies the fees provided by clauses 31 and 32, respectively, of section 34 of chapter 262.
1695	1695	1670 SECTION 79. Subsection (b) of section 10 of chapter 183A of the General Laws, as so
1696	1696	1671appearing, is hereby amended by striking out clause (6) and inserting in place thereof the
1697	1697	1672following clause:-
1698	1698	1673 (6) To require reasonable measures to facilitate energy savings, energy efficiency and
1699	1699	1674greenhouse gas emissions reductions and, in furtherance of such measures, to cause the
1700	1700	1675installation of devices that result in energy savings, energy efficiency and greenhouse gas
1701	1701	1676emissions reductions in all units not already separately metered for water and utilities; provided,
1702	1702	1677however, that such measures and devices shall not include solar energy systems, the installation
1703	1703	1678of which shall be governed by section 18; provided further, that electric vehicle supply
1704	1704	1679equipment may be required only in common areas and facilities in the condominium. Such
1705	1705	1680devices may include, but not be limited to, separate meters for each unit that will monitor the use
1706	1706	1681of water, electricity and other utilities for the unit to which it is attached, low-flow toilets and
1707	1707	1682showerheads, faucet aerators, windows and storm windows; provided further, that such devices
1708	1708	1683and, in the case of electric vehicle supply equipment installed in common areas and facilities,
1709	1709	1684such supply equipment, shall not be considered to be improvements for the purposes of said
1710	1710	1685section 18 if the board of trustees of the organization of unit owners or, if there is no board of
1711	1711	1686trustees, the entity performing its duties, receives the approval of the majority of unit owners in
1712	1712	1687attendance at a meeting for which notice was duly given and which was held for the purposes of 78 of 96
1713	1713	1688voting on the installation of such devices and supply equipment. The cost of installation of such
1714	1714	1689devices and, in the case of supply equipment installed in common areas and facilities, of such
1715	1715	1690supply equipment shall be an expense of the organization of unit owners, which may be assessed
1716	1716	1691to the individual unit owners as a special assessment, the amount of which, in an instance where
1717	1717	1692such device has been installed in each individual unit, or in substantially all of the units in the
1718	1718	1693condominium, may be attributable to each unit owner in the amount of the cost of the item
1719	1719	1694installed. The organization of unit owners may assess to each unit owner their proportionate
1720	1720	1695share of the costs for water, electricity and other utilities, as measured by the meter attached to
1721	1721	1696the unit. In the event of a conflict between this clause and the master deed, trust or by-laws, and
1722	1722	1697any amendment thereto, of any condominium submitted to the provisions of this chapter, the
1723	1723	1698provisions of this clause shall control. Nothing contained herein shall be construed to conflict
1724	1724	1699with the provisions of the state sanitary code, state building code, stretch energy code or
1725	1725	1700municipal opt-in specialized energy code.
1726	1726	1701 Notwithstanding any rights to use common areas reserved for individual unit owners, if
1727	1727	1702the governing board of the organization of unit owners determines to install electric vehicle
1728	1728	1703supply equipment in a common area for the use of all members of the organization, the
1729	1729	1704organization shall develop appropriate terms of use for the supply equipment.
1730	1730	1705 The expenses incurred in and proceeds accruing from the exercise of the aforesaid rights
1731	1731	1706and powers shall be common expenses and common profits.
1732	1732	1707 SECTION 80. Said chapter 183A is hereby further amended by inserting after section 10
1733	1733	1708the following section:- 79 of 96
1734	1734	1709 Section 10A. (a) As used in this section, the following words shall have the following
1735	1735	1710meanings unless the context clearly requires otherwise:
1736	1736	1711 “Association”, a condominium association, homeowners association, community
1737	1737	1712association, cooperative, trust or other nongovernmental entity with covenants, by-law, and
1738	1738	1713administrative provisions with which the compliance of a homeowner or unit owner is required.
1739	1739	1714 “Dedicated parking space”, a parking space located within an owner’s separate interest or
1740	1740	1715a parking space in a common area but subject to exclusive use rights of an owner including, but
1741	1741	1716not limited to, a deeded parking space, a garage space, a carport or a parking space specifically
1742	1742	1717designated for use by a particular owner.
1743	1743	1718 “Historic district commission”, a commission or other body responsible for administering
1744	1744	1719the rules and regulations of an historic district established by a community pursuant to any
1745	1745	1720general or special law.
1746	1746	1721 “Municipal governing body”, a legislative body of a city or town.
1747	1747	1722 “Neighborhood conservation district”, a district established by a municipal governing
1748	1748	1723body as part of the local zoning code or by-laws for the express purpose of protecting the
1749	1749	1724architectural character of a neighborhood.
1750	1750	1725 “Owner”, a person or group of persons who owns a separate lot, unit or interest, along
1751	1751	1726with an undivided interest or membership interest in the common area of the entire project
1752	1752	1727including, but not limited to, a condominium, planned unit development and parcel subject to a
1753	1753	1728homeowners’ association. 80 of 96
1754	1754	1729 “Reasonable restrictions”, restrictions that do not significantly increase the cost of
1755	1755	1730electric vehicle supply equipment or its installation, significantly decrease its efficiency or
1756	1756	1731specified performance or effectively prohibit the installation.
1757	1757	1732 “Separate interest”, a separate lot, unit or interest to which an owner has exclusive rights
1758	1758	1733of ownership.
1759	1759	1734 (b) Notwithstanding chapters 21, 40C, 183A or any other general or special law,
1760	1760	1735regulation, covenant, condition or restriction to the contrary, a historic district commission,
1761	1761	1736commission or board of a neighborhood conservation district or manager or organization of unit
1762	1762	1737owners of an association shall not prohibit or unreasonably restrict an owner from installing
1763	1763	1738electric vehicle supply equipment on or in an area subject to the owner’s separate interest on or
1764	1764	1739in an area to which the owner has exclusive use or on or in a common element so long as the
1765	1765	1740common element is within a reasonable distance of the owner’s dedicated parking space.
1766	1766	1741Nothing in this section shall be construed to prohibit a historic district commission, a
1767	1767	1742commission or board of a neighborhood conservation district or a manager or organization of
1768	1768	1743unit owners of an association from setting reasonable restrictions; provided, however, that in
1769	1769	1744setting such restrictions, the commission, board, manager or organization shall give substantial
1770	1770	1745weight to threats posed by climate change and the commonwealth’s obligation to meet the
1771	1771	1746statewide greenhouse gas emission limits and sublimits established under chapter 21N.
1772	1772	1747 (c) Such electric vehicle supply equipment shall: (i) be installed at the owner’s expense;
1773	1773	1748(ii) be installed by a licensed contractor or electrician; and (iii) conform to all applicable health
1774	1774	1749and safety standards and requirements imposed by national, state and local authorities and all
1775	1775	1750other applicable zoning, land use or other ordinances and land use permits. 81 of 96
1776	1776	1751 (d) A historic district commission, a commission or board of a neighborhood
1777	1777	1752conservation district or a manager or organization of unit owners of an association may require
1778	1778	1753an owner to submit an application before installing such electric vehicle supply equipment;
1779	1779	1754provided, however, that if the commission, board, manager or organization requires such an
1780	1780	1755application, the application shall be processed and approved by the commission, board, manager
1781	1781	1756or organization in the same manner as an application for approval of an architectural
1782	1782	1757modification to the property and shall not be willfully avoided or delayed; provided further, that
1783	1783	1758the commission, board, manager or organization shall approve the application if the owner
1784	1784	1759complies with the provisions of this section and the architectural standards of the association,
1785	1785	1760historic district or neighborhood conservation district; provided further, that the approval or
1786	1786	1761denial of an application shall be in writing; provided further, that if an application is not denied
1787	1787	1762in writing within 60 days of the date of receipt of the application, the application shall be deemed
1788	1788	1763approved, unless such delay is the result of a reasonable request for additional information;
1789	1789	1764provided further, that the association, historic district or neighborhood conservation district may
1790	1790	1765not assess or charge the owner any fees for the placement of any electric vehicle supply
1791	1791	1766equipment in addition to any reasonable fees for processing the application; provided further,
1792	1792	1767that such fees exist for all applications for approval of architectural modifications.
1793	1793	1768 (e) The owner and each successive owner of the separate interest or with exclusive rights
1794	1794	1769to the area where the electric vehicle supply equipment is installed shall be responsible for: (i)
1795	1795	1770disclosing to prospective buyers the existence of such supply equipment, its owner and the
1796	1796	1771related responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers
1797	1797	1772whether such supply equipment is removable and whether the owner intends to remove the
1798	1798	1773supply equipment in order to install it elsewhere; (iii) the costs of the maintenance, repair and 82 of 96
1799	1799	1774replacement of such supply equipment until such equipment has been removed and the
1800	1800	1775restoration of the common area after removal; (iv) the costs of any damage to such supply
1801	1801	1776equipment, common area, exclusive common area or separate interest resulting from the
1802	1802	1777installation, maintenance, repair, removal or replacement of such equipment; (v) the cost of
1803	1803	1778electricity associated with the electric vehicle supply equipment; provided, however, that the
1804	1804	1779owner shall connect such supply equipment to the owner’s own electric utility account unless the
1805	1805	1780licensed contractor performing the installation deems that to be impossible; provided, further that
1806	1806	1781if the connection is deemed impossible, the association, historic district commission or
1807	1807	1782neighborhood conservation district shall allow the owner to connect such supply equipment to
1808	1808	1783the common electricity account, but may require reimbursement by the owner to the association,
1809	1809	1784historic district commission or neighborhood conservation district for electricity costs; and (vi)
1810	1810	1785removing the electric vehicle supply equipment if reasonably necessary for the repair,
1811	1811	1786maintenance or replacement of any property of the association, historic district commission,
1812	1812	1787neighborhood conservation district or separate interest.
1813	1813	1788 (f) A historic district commission, a commission or board of a neighborhood conservation
1814	1814	1789district or a manager or organization of unit owners of an association may install electric vehicle
1815	1815	1790supply equipment in a common area reserved for the use of all members or residents of the
1816	1816	1791association or district; provided, however, that the commission, board, manager or organization
1817	1817	1792shall develop appropriate terms of use for such supply equipment.
1818	1818	1793 SECTION 81. The third paragraph of section 3A of chapter 185 of the General Laws, as
1819	1819	1794so appearing, is hereby amended by striking out, in lines 35 to 37, inclusive, the words “either 25
1820	1820	1795or more dwelling units or the construction or alteration of 25,000 square feet or more of gross
1821	1821	1796floor area or both” and inserting in place thereof the following words:- at least 1 of the 83 of 96
1822	1822	1797following: (1) not less than 25 dwelling units; (2) the construction or alteration of not less than
1823	1823	179825,000 square feet of gross floor area; (3) the construction or alteration of a Class I renewable
1824	1824	1799energy generating source, as defined in subsection (c) of section 11F of chapter 25A; or (4) the
1825	1825	1800construction or alteration of an energy storage facility, as defined in section 1 of chapter 164.
1826	1826	1801 SECTION 82. The first paragraph of section 2 of chapter 465 of the acts of 1956 is
1827	1827	1802hereby amended by inserting after the first sentence the following sentence:- In discharging its
1828	1828	1803responsibilities and exercising its powers under this chapter, the Authority shall, with respect to
1829	1829	1804itself and the entities with which it contracts or conducts business and in a manner consistent
1830	1830	1805with any act of congress relating to aeronautics or any regulations promulgated or standards
1831	1831	1806established pursuant thereto, promote commerce, economic prosperity, safety and security in and
1832	1832	1807for the commonwealth while prioritizing environmental resilience and equity and reductions in
1833	1833	1808greenhouse gas emissions.
1834	1834	1809 SECTION 83. Section 3 of said chapter 465, as most recently amended by section 2 of
1835	1835	1810chapter 660 of the acts of 1977, is hereby further amended by striking out subsection (g) and
1836	1836	1811inserting in place thereof the following subsection:-
1837	1837	1812 (g) To extend, enlarge, improve, rehabilitate, lease as lessor or lessee, maintain, repair
1838	1838	1813and operate the projects under its control and to establish rules and regulations for the use of any
1839	1839	1814such project; provided, however, that the Authority shall, with respect to itself and the entities
1840	1840	1815with which it contracts or does business and in a manner consistent with any act of congress
1841	1841	1816relating to aeronautics or to any regulations promulgated or standards established pursuant
1842	1842	1817thereto, undertake such activities and promulgate such rules and regulations to promote
1843	1843	1818commerce, economic prosperity, safety and security in and for the commonwealth while 84 of 96
1844	1844	1819prioritizing environmental resilience and equity and reductions in greenhouse gas emissions;
1845	1845	1820provided further, however, that no such rules or regulations shall conflict with the rules and
1846	1846	1821regulations of any state or federal regulatory body having jurisdiction over the operation of
1847	1847	1822aircraft; provided further, however, that in the enforcement of such rules and regulations the
1848	1848	1823police officers appointed or employed by the Authority under section 23 shall have within the
1849	1849	1824boundaries of all projects all the powers of police officers and constables of the cities and towns
1850	1850	1825of the commonwealth except the power of serving and executing civil process.
1851	1851	1826 SECTION 84. Chapter 149 of the acts of 2014 is hereby amended by striking out section
1852	1852	18273.
1853	1853	1828 SECTION 85. Subsection (a) of section 81 of chapter 179 of the acts of 2022 is hereby
1854	1854	1829amended by striking out the figure “11” and inserting in place thereof the following figure:- 13.
1855	1855	1830 SECTION 86. Said subsection (a) of said section 81 of said chapter 179 is hereby further
1856	1856	1831amended by inserting after the words “utilities or designee” the following words:- ; the
1857	1857	1832commissioner of the division of standards or a designee; the chief executive officer of the
1858	1858	1833Massachusetts clean energy technology center or a designee.
1859	1859	1834 SECTION 87. Said section 81 of said chapter 179 is hereby further amended by adding
1860	1860	1835the following subsection:-
1861	1861	1836 (f) The council shall be responsible for providing leadership and direction for the
1862	1862	1837deployment of electric vehicle charging infrastructure and electric vehicle chargers and shall
1863	1863	1838strive to ensure a network of convenient, affordable, reliable and equitable electric vehicle
1864	1864	1839chargers in the commonwealth. Responsibilities of the council shall include, but not be limited
1865	1865	1840to: (i) achieving the objectives and serving the purposes enumerated in this section; (ii) 85 of 96
1866	1866	1841monitoring the preparedness, staffing level, staff training and overall effectiveness of public and
1867	1867	1842private initiatives, activities, programs, agencies, offices and divisions involved in siting,
1868	1868	1843permitting, financing, installing, inspecting, maintaining or protecting consumer interactions
1869	1869	1844with electric vehicle chargers in the commonwealth; (iii) facilitating intergovernmental
1870	1870	1845coordination and effectiveness with respect to achieving the objectives and serving the purposes
1871	1871	1846enumerated in this section; (iv) achieving timely compliance with, and implementation and
1872	1872	1847administration of, standards, requirements and regulations promulgated by the National Electric
1873	1873	1848Vehicle Infrastructure Formula Program established pursuant to the Infrastructure Investment
1874	1874	1849and Jobs Act, Public Law 117-58; and (v) ensuring the effective and timely sharing of data and
1875	1875	1850information across state, local and federal government and the public.
1876	1876	1851 Not later than July 31, 2025, or as part of the next periodic assessment compiled pursuant
1877	1877	1852to subsection (d), whichever occurs later, and every 2 years thereafter, the council shall report on
1878	1878	1853its efforts to lead and direct such deployment and its results to the senate and house committees
1879	1879	1854on ways and means and the joint committee on telecommunications, utilities and energy. The
1880	1880	1855council shall make such reports publicly available on the website of each secretariat with a
1881	1881	1856member serving on the council.
1882	1882	1857 SECTION 88. Said chapter 179 is hereby further amended by striking out section 82 and
1883	1883	1858inserting in place thereof the following section:-
1884	1884	1859 The department of energy resources may coordinate with 1 or more New England states
1885	1885	1860to consider competitive solicitations for long-term clean energy generation, associated
1886	1886	1861environmental attributes, transmission or capacity for the benefit of residents of the
1887	1887	1862commonwealth and the region. If the department of energy resources determines, not later than 86 of 96
1888	1888	1863December 31, 2025, that a project would satisfy all of the benefits listed below, the electric
1889	1889	1864distribution companies shall enter into cost-effective long-term contracts. In its determination,
1890	1890	1865the department of energy resources shall determine if any proposals: (i) provide cost-effective
1891	1891	1866clean energy generation to electric ratepayers in the commonwealth and the region over the term
1892	1892	1867of the contract; (ii) provide the benefits of clean energy and associated transmission towards
1893	1893	1868meeting the commonwealth’s decarbonization goals; (iii) where possible, avoid, minimize or
1894	1894	1869mitigate, to the maximum extent practicable, environmental impacts and impacts to low-income
1895	1895	1870populations; and (iv) reduce ratepayer costs in winter months and improve energy security
1896	1896	1871during winter months. For the purposes of this section, a long-term contract shall mean a contract
1897	1897	1872with a term of 10 to 20 years. Eligible clean energy generation must contribute to achieving
1898	1898	1873compliance with limits and sublimits established pursuant to sections 3 and 3A of chapter 21N of
1899	1899	1874the General Laws. Associated transmission costs must be incorporated into a proposal. All
1900	1900	1875proposed contracts shall be subject to the review and approval of the department of public
1901	1901	1876utilities. The department of public utilities shall consider both potential costs and benefits of such
1902	1902	1877contracts and shall approve a contract only upon a finding that it is cost-effective, taking into
1903	1903	1878account the factors provided in this section.
1904	1904	1879 SECTION 89. The Massachusetts clean energy technology center shall conduct and
1905	1905	1880publish a study of prospects and opportunities for carbon dioxide removal innovation and
1906	1906	1881operations within the commonwealth or in waters not more than 50 nautical miles of the
1907	1907	1882commonwealth. Methods of carbon dioxide removal shall include, but not be limited to: (i)
1908	1908	1883sequestration and storage involving terrestrial mineralization or enhanced rock weathering; (ii)
1909	1909	1884sequestration and storage involving biochar, woody waste, agricultural waste or other waste
1910	1910	1885products; (iii) ocean-based solutions including electro-chemical alkalinity enhancement, marine 87 of 96
1911	1911	1886permaculture, deep-ocean sequestration and storage of biomass and coastal enhanced
1912	1912	1887weathering; (iv) construction materials and products, the production of which directly contributes
1913	1913	1888to the sequestration and storage of carbon dioxide or other greenhouse gases, including mass
1914	1914	1889timber; and (v) direct air capture paired with either durable geologic sequestration and storage or
1915	1915	1890durable sequestration and storage in the built environment including in concrete.
1916	1916	1891 The study shall include, but not be limited to: (i) cost considerations, including ranges of
1917	1917	1892likely prices per ton of carbon dioxide removed; (ii) the scale potential of various potential
1918	1918	1893carbon dioxide removal processes; (iii) the likely duration of various potential carbon dioxide
1919	1919	1894removal operations; (iv) projected start times of various activities and operations; (v) the
1920	1920	1895conservation efficiency of various activities and operations in terms of their use of water, land
1921	1921	1896and energy resources with explicit consideration of projects with low water, land and energy
1922	1922	1897requirements and of projects that exclusively employ renewable energy; (vi) the number of
1923	1923	1898potential jobs within the commonwealth, including research and development jobs, that are likely
1924	1924	1899to be created by various activities and operations; (vii) the potential of various activities and
1925	1925	1900operations to involve purchases of equipment and supplies from businesses located in the
1926	1926	1901commonwealth; (viii) the potential of various activities and operations to generate significant
1927	1927	1902agricultural, ecological or ecosystem co-benefits or harms; (ix) the extent to which various
1928	1928	1903activities and operations may generate economic benefit to 1 or more disadvantaged
1929	1929	1904communities; (x) methods of measuring, reporting and verifying carbon dioxide removal
1930	1930	1905technologies; and (xi) recommended next steps, if any, for legislative or executive branch action.
1931	1931	1906 The center shall publish a draft study for comment not later than December 31, 2025 and
1932	1932	1907a final study not later than April 30, 2026. 88 of 96
1933	1933	1908 SECTION 90. Notwithstanding any general or special law to the contrary and subject to
1934	1934	1909availability of sufficient proceeds, the department of energy resources shall expend amounts
1935	1935	1910from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws
1936	1936	1911to fund the green communities program established in section 10 of chapter 25A of the General
1937	1937	1912Laws and the Electric Vehicle Adoption Incentive Trust Fund established in section 19 of said
1938	1938	1913chapter 25A through June 30, 2027. Payments made from the fund shall be prioritized by
1939	1939	1914directing initial payments to the green communities program and the Electric Vehicle Adoption
1940	1940	1915Incentive Trust Fund; provided, however, that not less than $27,000,000 shall be available for the
1941	1941	1916Electric Vehicle Adoption Incentive Trust Fund each fiscal year.
1942	1942	1917 SECTION 91. Notwithstanding any general or special law to the contrary, an energy
1943	1943	1918storage system, as defined in section 1 of chapter 164 of the General Laws, that is not less than
1944	1944	1919100 megawatt hours and has received a comprehensive exemption from local zoning by-laws
1945	1945	1920from the department of public utilities pursuant to section 3 of chapter 40A of the General Laws,
1946	1946	1921may petition the energy facilities siting board to obtain a certificate of environmental impact and
1947	1947	1922public interest if the petition is filed prior to the date when regulations are promulgated pursuant
1948	1948	1923to section 96.
1949	1949	1924 The energy facilities siting board shall consider such petition if the applicant is prevented
1950	1950	1925from building the energy storage system because: (i) it cannot meet standards imposed by a state
1951	1951	1926or local agency with reasonable and commercially available equipment;(ii)the processing or
1952	1952	1927granting by a state or local agency of any approval, consent, permit or certificate has been unduly
1953	1953	1928delayed for any reason; (iii) the applicant believes there are inconsistencies among resource use
1954	1954	1929permits issued by such state or local agencies; (iv) the applicant believes that a nonregulatory
1955	1955	1930issue or condition has been raised or imposed by such state or local agencies, including, but not 89 of 96
1956	1956	1931limited to, aesthetics and recreation; (v) the generating facility cannot be constructed due to any
1957	1957	1932disapprovals, conditions or denials by a state or local agency or body, except with respect to any
1958	1958	1933lands or interests therein, excluding public ways, owned or managed by any state agency or local
1959	1959	1934government; or (vi) the facility cannot be constructed because of delays caused by the appeal of
1960	1960	1935any approval, consent, permit, or certificate.
1961	1961	1936 The energy facilities siting board shall, upon petition, consider an application for a
1962	1962	1937certificate of environmental impact and public interest if it finds that any state or local agency
1963	1963	1938has imposed a burdensome condition or limitation on any license or permit. An energy storage
1964	1964	1939system, with respect to which a certificate is issued by the energy facilities siting board, shall
1965	1965	1940thereafter be constructed, maintained and operated in conformity with such certificate and any
1966	1966	1941terms and conditions contained therein.
1967	1967	1942 Notwithstanding any general or special law to the contrary, such certificate may be so
1968	1968	1943issued; provided, however, that when so issued no state agency or local government shall require
1969	1969	1944any approval, consent, permit, certificate or condition for the construction, operation or
1970	1970	1945maintenance of the energy storage system with respect to which the certificate is issued and no
1971	1971	1946state agency or local government shall impose or enforce any law, ordinance, by-law, rule or
1972	1972	1947regulation nor take any action nor fail to take any action which would delay or prevent the
1973	1973	1948construction, operation or maintenance of such energy storage system except as required by
1974	1974	1949federal law; provided, however, that the energy facilities siting board shall not issue a certificate,
1975	1975	1950the effect of which would be to grant or modify a permit, approval or authorization, which, if so
1976	1976	1951granted or modified by the appropriate state or local agency, would be invalid because of a
1977	1977	1952conflict with applicable federal water or air standards or requirements. A certificate, if issued,
1978	1978	1953shall be in the form of a composite of all individual permits, approvals or authorizations that 90 of 96
1979	1979	1954would otherwise be necessary for the construction and operation of the energy storage system
1980	1980	1955and that portion of the certificate which relates to subject matters within the jurisdiction of a state
1981	1981	1956or local agency shall be enforced by said agency under the other applicable laws of the
1982	1982	1957commonwealth as if it had been directly granted by the said agency.
1983	1983	1958 Energy storage systems that have not petitioned the department of public utilities for a
1984	1984	1959comprehensive exemption from local zoning by-laws pursuant to section 3 of chapter 40A prior
1985	1985	1960to March 1, 2026 shall not be eligible to petition the energy facilities siting board to obtain a
1986	1986	1961certificate of environmental impact and public interest under this section.
1987	1987	1962 SECTION 92. (a) For purposes of this section, the following words shall have the
1988	1988	1963following meanings unless the context clearly requires otherwise:
1989	1989	1964 "Approval", except as otherwise provided in subsection (b), any permit, certificate, order,
1990	1990	1965excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
1991	1991	1966building permit or other approval or determination of rights from any municipal, regional or state
1992	1992	1967governmental entity, including any agency, department, commission or other instrumentality of
1993	1993	1968the municipal, regional or state governmental entity, concerning the use or development of real
1994	1994	1969property, including certificates, licenses, certifications, determinations, exemptions, variances,
1995	1995	1970waivers, building permits or other approvals or determination of rights issued or made under
1996	1996	1971chapter 21, chapter 21A excepting section 16, chapter 21D, sections 61 to 62H, inclusive, of
1997	1997	1972chapter 30, chapters 30A, 40, 40A to 40C, inclusive, 40R, 41, 43D, section 21 of chapter 81,
1998	1998	1973chapter 91, chapter 131, chapter 131A, chapter 143, sections 4 and 5 of chapter 249 or chapter
1999	1999	1974258 of the General Laws or chapter 665 of the acts of 1956 or any local by-law or ordinance. 91 of 96
2000	2000	1975 "Clean energy infrastructure project", a project involving the construction, reconstruction,
2001	2001	1976conversion, relocation or enlargement of any renewable energy generating source, as defined in
2002	2002	1977subsection (c) of section 11F of chapter 25A of the General Laws, any energy storage system, as
2003	2003	1978defined in section 1 of chapter 164 of the General Laws, any transmission facility or distribution
2004	2004	1979facility, as defined in said section 1 of said chapter 164, or related infrastructure, including
2005	2005	1980substations, and any other project that may be so designated as a clean energy infrastructure
2006	2006	1981project by the department of energy resources.
2007	2007	1982 (b) (1) Notwithstanding any general or special law to the contrary, any approval granted
2008	2008	1983for a clean energy generation or storage project that was in effect from October 22, 2020 to
2009	2009	1984August 1, 2024, inclusive, shall be extended to August 1, 2029.
2010	2010	1985 (2) A clean energy infrastructure project shall be governed by the applicable provisions
2011	2011	1986of any state, regional or local statute, regulation, ordinance or by-law, if any, in effect at the time
2012	2012	1987of the initial approval granted for such project, unless the owner or petitioner of such project
2013	2013	1988elects to waive the provisions of this section.
2014	2014	1989 (3) Nothing in this section shall extend or purport to extend: (i) a permit or approval
2015	2015	1990issued by the government of the United States or an agency or instrumentality of the government
2016	2016	1991of the United States or to a permit or approval of which the duration of effect or the date or terms
2017	2017	1992of its expiration are specified or determined by or under law or regulation of the federal
2018	2018	1993government or any of its agencies or instrumentalities; or (ii) a permit, license, privilege or
2019	2019	1994approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws
2020	2020	1995for hunting, fishing or aquaculture. 92 of 96
2021	2021	1996 (4) If an owner or petitioner sells or otherwise transfers a property or project, in order to
2022	2022	1997receive approval for an extension, the new owner or petitioner shall agree to assume all
2023	2023	1998commitments made by the original owner or petitioner under the terms of the approval,
2024	2024	1999otherwise the approval shall not be extended under this section.
2025	2025	2000 SECTION 93. The office of environmental justice and equity established pursuant to
2026	2026	2001section 29 of chapter 21A of the General Laws shall establish standards and guidelines for
2027	2027	2002community benefit plans and agreements as required by said section 29 of said chapter 21A not
2028	2028	2003later than March 1, 2026 and shall establish the cumulative impacts analysis guidance required
2029	2029	2004under said section 29 of said chapter 21A before the energy facilities siting board regulations
2030	2030	2005required by section 96 are promulgated.
2031	2031	2006 SECTION 94. The executive office of energy and environmental affairs shall coordinate
2032	2032	2007and convene a stakeholder process with the agencies and offices under its jurisdiction and any
2033	2033	2008other relevant local, regional and state agencies with a permitting role in energy related
2034	2034	2009infrastructure to establish the methodology for determining the suitability of sites and associated
2035	2035	2010guidance required by section 30 of chapter 21A of the General Laws not later than March 1,
2036	2036	20112026.
2037	2037	2012 SECTION 95. The department of energy resources shall promulgate regulations to
2038	2038	2013implement section 21 of chapter 25A of the General Laws not later than March 1, 2026.
2039	2039	2014 SECTION 96. The energy facilities siting board shall promulgate regulations to
2040	2040	2015implement the changes to sections 69G to 69J1/4, inclusive, sections 69O and 69P, sections 69R
2041	2041	2016and 69S and sections 69T to 69W, inclusive, of chapter 164 of the General Laws not later than
2042	2042	2017March 1, 2026. In promulgating said regulations, the board shall consult with the department of 93 of 96
2043	2043	2018public utilities, the department of energy resources, the department of environmental protection,
2044	2044	2019the department of fish and game, the department of conservation and recreation, the department
2045	2045	2020of agricultural resources, the Massachusetts environmental policy act office, the Massachusetts
2046	2046	2021Department of Transportation, the executive office of public safety and security and all other
2047	2047	2022agencies, authorities and departments whose approval, order, order of conditions, permit, license,
2048	2048	2023certificate or permission in any form is required prior to or for construction of a facility, small
2049	2049	2024clean energy infrastructure facility or large clean energy infrastructure facility.
2050	2050	2025 SECTION 97. The department of public utilities and the energy facilities siting board, in
2051	2051	2026consultation with the office of environmental justice and equity established by section 29 of
2052	2052	2027chapter 21A of the General Laws and the office of the attorney general, shall promulgate
2053	2053	2028regulations to implement section 149 of chapter 164 of the General Laws not later than March 1,
2054	2054	20292026.
2055	2055	2030 SECTION 98. The department of public utilities shall commission a management study
2056	2056	2031to assess: (i) the likely workload of the energy facilities siting board based on the new
2057	2057	2032requirements of this act and the commonwealth’s clean energy and climate plans; (ii) the
2058	2058	2033workforce qualifications needed to implement this act; (iii) the cost associated with the hiring
2059	2059	2034and retention of qualified professionals and consultants to successfully complete that work
2060	2060	2035required pursuant to this act; and (iv) a clean energy infrastructure dashboard, as required to be
2061	2061	2036maintained by the facility siting division pursuant to section 12N of chapter 25 of the General
2062	2062	2037Laws. The funding and staffing resource requirements identified in the management study shall
2063	2063	2038be reported to the joint committee on ways and means, the joint committee on
2064	2064	2039telecommunications, utilities and energy, the secretary of energy and environmental affairs and
2065	2065	2040the secretary of administration and finance not later than December 1, 2024. The secretary of 94 of 96
2066	2066	2041energy and environmental affairs and the secretary of administration and finance shall within 60
2067	2067	2042days of their receipt of the study provide recommendations to the joint committee on ways and
2068	2068	2043means and the joint committee on telecommunications, utilities and energy on options to
2069	2069	2044implement any proposed recommendations of the study.
2070	2070	2045 SECTION 99. Not later than July 31, 2025, the department of public utilities shall open a
2071	2071	2046proceeding to encourage right-of-way or pole-mounted electric vehicle supply equipment
2072	2072	2047throughout the commonwealth and shall require certain parties as it may identify, including, but
2073	2073	2048not limited to, electric distribution companies as defined in section 1 of chapter 164 of the
2074	2074	2049General Laws, to submit plans to facilitate the deployment of such equipment.
2075	2075	2050 Not later than December 31, 2025, electric distribution companies and such other parties
2076	2076	2051as the department may identify shall file plans with the department for establishing such
2077	2077	2052equipment throughout the commonwealth. Such plans may: (i) include schedules and calendar
2078	2078	2053dates for deploying the equipment, making chargers operational and meeting other requirements
2079	2079	2054as set by the department; (ii) promote partnerships between companies and municipalities or
2080	2080	2055other governmental entities; (iii) ensure accessibility and affordability for rural communities and
2081	2081	2056low and moderate-income populations, including renters; (iv) favor chargers at Level 2 and
2082	2082	2057higher capacity; (v) promote the use of poles owned by, or under the control of, electric
2083	2083	2058distribution companies; (vi) review potential funding mechanisms and sources including, but not
2084	2084	2059limited to, off-peak charging rate structures; (vii) review potential funding mechanisms, sources
2085	2085	2060and liability provisions for ensuring routine maintenance and a state of good repair; and (viii)
2086	2086	2061require annual reporting and tabulations including, but not limited to: (A) the number of
2087	2087	2062equipment installations completed, identified by specific location; (B) pricing and consumer
2088	2088	2063costs; (C) the number of supply equipment outages, identified by specific location, together with 95 of 96
2089	2089	2064estimates of downtime; and (D) identification of software and hardware malfunctions or
2090	2090	2065characteristics or labor or parts shortages that may have contributed to excessive equipment
2091	2091	2066outages or downtimes; provided, however, that such annual reporting and tabulations may be
2092	2092	2067coordinated with, or delegated to, the division of standards.
2093	2093	2068 Not later than July 31, 2026, the department shall approve, approve with conditions or
2094	2094	2069reject such plans; provided, however, that nothing in this section shall conflict with or delay
2095	2095	2070pole-mounted electric vehicle supply equipment installations that are underway before a relevant
2096	2096	2071departmental approval.
2097	2097	2072 SECTION 100. The department of public utilities shall promulgate regulations to
2098	2098	2073implement section 44 including, but not limited to, the establishment of a moderate income
2099	2099	2074discount eligibility rate following an investigation thereof.
2100	2100	2075 SECTION 101. Not later than December 31, 2024, the department of public utilities shall
2101	2101	2076promulgate regulations governing the terms, including notice requirements and provisions
2102	2102	2077protecting customers from service interruption, under which a gas company may terminate
2103	2103	2078natural gas service pursuant to subsection (h) of section 145 of chapter 164 of the General Laws.
2104	2104	2079 SECTION 102. The department of energy resource shall publish the first resource
2105	2105	2080solicitation plan required under subsection (c) of section 21 of chapter 25A of the General Laws
2106	2106	2081not later than July 31, 2026.
2107	2107	2082 SECTION 103. Not later than June 1, 2029, the director of the division of public
2108	2108	2083participation, as established by section 12T of chapter 25 shall complete a review of the
2109	2109	2084intervenor support grant program established pursuant to section 149 of chapter 164 of the 96 of 96
2110	2110	2085General Laws and provide an opportunity for public comment to determine whether the program
2111	2111	2086and corresponding regulations should be amended.
2112	2112	2087 SECTION 104. Section 41 is hereby repealed.
2113	2113	2088 SECTION 105. Sections 10, 11, 12 and 13 shall take effect on January 1, 2028.
2114	2114	2089 SECTION 106. Section 51 shall take effect on March 1, 2027.
2115	2115	2090 SECTION 107. Section 34 shall take effect on June 30, 2029.