Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2838 Compare Versions

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

Old	New	Differences
1	1	1 of 132
2	2	FILED ON: 7/1/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2838
4	4	Senate, June 25, 2024 -- Text of the Senate Bill upgrading the grid and protecting ratepayers
5	5	(Senate, No. 2838) (being the text of Senate, No. 2829, printed as amended)
6	6	The Commonwealth of Massachusetts
7	7	_______________
8	8	In the One Hundred and Ninety-Third General Court
9	9	(2023-2024)
10	10	_______________
11	11	An Act upgrading the grid and protecting ratepayers.
12	12	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
13	13	of the same, as follows:
14	14	1 SECTION 1. Section 30 of chapter 7C of the General Laws, as appearing in the 2022
15	15	2Official Edition, is hereby amended by striking out, in line 4, the words “the energy consumption
16	16	3of” and inserting in place thereof the following words:- the: (i) energy consumption of; (ii)
17	17	4energy efficiency of; and (iii) greenhouse gas emissions directly attributable to.
18	18	5 SECTION 2. Said section 30 of said chapter 7C, as so appearing, is hereby further
19	19	6amended by striking out, in lines 10 and 11, the words “energy conservation maintenance and
20	20	7operating procedures” and inserting in place thereof the following words:- maintenance and
21	21	8operating procedures for energy conservation, energy efficiency and greenhouse gas emissions
22	22	9reductions.
23	23	10 SECTION 3. Said section 30 of said chapter 7C, as so appearing, is hereby further
24	24	11amended by striking out, in line 13, the words “energy efficiency standards” and inserting in 2 of 132
25	25	12place thereof the following words:- standards for energy efficiency and greenhouse gas
26	26	13emissions reductions.
27	27	14 SECTION 4. Section 31 of said chapter 7C, as so appearing, is hereby amended by
28	28	15striking out the first paragraph and inserting in place thereof the following paragraph:-
29	29	16 The division of capital asset management and maintenance shall evaluate the potential for
30	30	17increasing energy efficiency and reducing greenhouse gas emissions, including, but not limited
31	31	18to, by installing and maintaining electric vehicle supply equipment, as defined in section 2 of
32	32	19chapter 25B, in each building owned by an authority or state agency or leased by such authority
33	33	20or agency for not less than a 10-year period.
34	34	21 SECTION 5. Chapter 21A of the General Laws is hereby amended by inserting after
35	35	22section 2A the following section:-
36	36	23 Section 2B. (a) There shall be within the office a drought management task force. The
37	37	24task force shall consist of: the secretary or a designee, who shall serve as co-chair; the director of
38	38	25the Massachusetts emergency management agency or a designee, who shall serve as co-chair; the
39	39	26commissioner of agricultural resources or a designee; the commissioner of conservation and
40	40	27recreation or a designee; the commissioner of environmental protection or a designee; the state
41	41	28fire marshal or a designee; the commissioner of fish and game or a designee; the commissioner
42	42	29of public health or a designee; the commissioner of public utilities or a designee; the executive
43	43	30director of the Massachusetts Water Resources Authority or a designee; the executive director of
44	44	31the Massachusetts Association of Health Boards, Inc.; the executive director of the
45	45	32Massachusetts Rivers Alliance, Inc., or a designee; the executive director of the Massachusetts
46	46	33Water Works Association Inc.; and the executive director of the Water Supply Citizens advisory 3 of 132
47	47	34committee to the Massachusetts Water Resources Authority. The co-chairs may invite officials
48	48	35from federal agencies to provide scientific and technical input and shall have joint responsibility
49	49	36for coordinating the task force. The task force shall meet not less than monthly when drought
50	50	37conditions exist. The task force shall be staffed by a director appointed by the secretary.
51	51	38 (b) The task force shall: (i) assist in collecting and assessing technical information; (ii)
52	52	39facilitate coordination and communication among task force members, agencies and the public;
53	53	40and (iii) provide recommendations to the secretary, the secretary of public safety and security
54	54	41and the governor on the existing drought level and any proposed responses to such drought level.
55	55	42The task force shall also make recommendations for the end of a drought or the reduction of the
56	56	43drought level or for the commencement or cessation of a drought declaration.
57	57	44 (c) The task force shall maintain and periodically update a statewide drought
58	58	45management plan that addresses drought preparedness and response protocol to drought
59	59	46conditions and protects public health, public safety and the environment. The task force may
60	60	47update the statewide drought management plan at any time; provided, however, that the plan
61	61	48shall be reviewed not less than every 5 years and updated not less than every 10 years; provided
62	62	49further, that the drought management plan shall be approved by the water resources commission.
63	63	50 (d) The task force may create and maintain a map that shall seek to create drought regions
64	64	51consistent with watersheds.
65	65	52 (e) The secretary may order water conservation measures, including limits on
66	66	53nonessential outdoor water use, based on the severity of drought in drought regions to protect
67	67	54public health, safety or the environment. Such water conservation measures shall apply to all 4 of 132
68	68	55water users within a drought region unless otherwise determined by the secretary with prior
69	69	56notice to the task force.
70	70	57 (f) Notwithstanding section 27C of chapter 29 or any other general or special law,
71	71	58ordinance, by-law, rule or regulation to the contrary, cities and towns shall enforce water
72	72	59conservation restrictions issued by the secretary to the fullest extent permitted by law.
73	73	60 SECTION 6. Said chapter 21A is hereby further amended by adding the following 3
74	74	61sections:-
75	75	62 Section 29. There shall be an office of environmental justice and equity within the
76	76	63executive office of energy and environmental affairs, which shall be administered by an
77	77	64undersecretary of environmental justice and equity who shall be appointed and may be removed
78	78	65by the secretary. The office shall be responsible for implementing environmental justice
79	79	66principles as defined in section 62 of chapter 30 in the operation of each office and agency under
80	80	67the executive office. The office shall develop standards and guidelines governing the potential
81	81	68use and applicability of community benefit plans and agreements and cumulative impact
82	82	69analyses in developing energy infrastructure with input from representatives from utilities, the
83	83	70renewable energy industry, local governments, low and moderate income community
84	84	71organizations, environmental sectors and other representatives as deemed appropriate by the
85	85	72office. Annually, not later than July 30, the office shall submit a report to the executive office of
86	86	73energy and environmental affairs and the clerks of the senate and house of representatives that
87	87	74compiles data regarding the proportion of benefits attributable to clean energy programs received
88	88	75by low and moderate income communities as defined in section 38EE of chapter 63. 5 of 132
89	89	76 Section 30. The executive office of energy and environmental affairs shall establish and
90	90	77periodically update a methodology for determining the suitability of sites for clean energy
91	91	78generation facilities, clean energy storage facilities and clean transmission and distribution
92	92	79infrastructure facilities in newly established public rights of way. The methodology shall include
93	93	80multiple geospatial screening criteria to evaluate sites for development potential, climate change
94	94	81resilience, carbon storage and sequestration, biodiversity and social and environmental benefits
95	95	82and burdens. The executive office shall require facility development project proponents to avoid
96	96	83or minimize or, if impacts cannot be avoided or minimized, mitigate siting impacts and
97	97	84environmental and land use concerns. The executive office shall develop and periodically update
98	98	85guidance to inform state, regional and local regulations, ordinances, by-laws and permitting
99	99	86processes on ways to avoid, minimize or mitigate impacts on the environment and people to the
100	100	87greatest extent practicable.
101	101	88 Section 31. (a) For the purposes of this section, the following words shall have the
102	102	89following meanings unless the context clearly requires otherwise:
103	103	90 “Charger”, a device having at least 1 charging port and connector for charging electric
104	104	91vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.
105	105	92 “Charging network provider”, the entity that operates the digital communication network
106	106	93that remotely manages the chargers which may include charging station operators and
107	107	94manufacture chargers.
108	108	95 “Charging station”, a charger or group of chargers and the area in the immediate vicinity
109	109	96of such charger or group of chargers, which may include, at the discretion of the regulating
110	110	97entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress 6 of 132
111	111	98and egress; provided, however, that a charging station may comprise only part of the property on
112	112	99which it is located.
113	113	100 “Charging station operator”, an entity that owns or provides the chargers and the
114	114	101supporting equipment and facilities at charging stations and is responsible for the operation and
115	115	102maintenance of the chargers and the supporting equipment and facilities; provided, however, that
116	116	103such operator may delegate responsibility for certain aspects of the charging station operation
117	117	104and maintenance to subcontractors.
118	118	105 “Connector”, a device that attaches an electric vehicle to a charging port to transfer
119	119	106electricity; provided, however, that the term “connector” may also be referred to as a plug.
120	120	107 “Direct current fast charger”, a charger that enables rapid charging by delivering direct-
121	121	108current, or DC current, electricity directly to an electric vehicle’s battery.
122	122	109 “Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a
123	123	110plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that
124	124	111can be recharged from an external source of electricity and has the capability to run on another
125	125	112fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or
126	126	113other micromobility device.
127	127	114 “Electric vehicle charging services”, the transfer of electric energy from an electric
128	128	115vehicle charging station to a battery or other storage device in an electric vehicle and related
129	129	116billing services, networking and operation and maintenance. 7 of 132
130	130	117 “Electric vehicle supply equipment”, a device, including at least 1 charging port and
131	131	118connector, for charging electric vehicles; provided, however, that the term “electric vehicle
132	132	119supply equipment” may also be referred to as a charger.
133	133	120 “Level 1”, a galvanically-connected electric vehicle supply equipment with a single-
134	134	121phase input voltage nominally 120 volts AC and maximum output current of not more than 16
135	135	122amperes AC.
136	136	123 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single-
137	137	124phase input voltage range from 208 volts to 240 volts AC and maximum output current of not
138	138	125more than 80 amperes AC.
139	139	126 “National Electric Vehicle Infrastructure Formula program”, the federal program
140	140	127established pursuant to the Infrastructure Investment and Jobs Act, Pub.L.117-58, pursuant to
141	141	128which the Federal Highway Administration provides funding to the states to facilitate the
142	142	129strategic, nationwide deployment of electric vehicle infrastructure and the related establishment
143	143	130of an interconnected, interstate network that is designed to facilitate data collection, access and
144	144	131reliability in association with the increased use of electric vehicles and electric vehicle
145	145	132infrastructure.
146	146	133 “Public electric vehicle charging station”, an electric vehicle charging station located at a
147	147	134publicly-available parking space.
148	148	135 ''Publicly-available parking space'', a parking space that has been designated by a
149	149	136property owner or lessee to be available to and accessible by the public and may include on-
150	150	137street parking spaces and parking spaces in surface lots or parking garages; provided, however,
151	151	138that “publicly-available parking space” shall not include a parking space that is part of or 8 of 132
152	152	139associated with residential real property containing not more than 4 dwelling units or that is
153	153	140reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or
154	154	141vehicles, including employees, tenants, visitors, residents of a common interest development and
155	155	142residents of an adjacent building.
156	156	143 “Publicly-funded and available charging station", a public electric vehicle charging
157	157	144station installed on or after January 1, 2025, that has received, or expects to receive, a grant, loan
158	158	145or other incentive from a federal or state government source or through a charge on ratepayers
159	159	146and is located at a publicly available parking space.
160	160	147 (b) The executive office of energy and environmental affairs shall promulgate regulations
161	161	148to: (i) monitor the utilization or frequency of use of such chargers and charging stations; (ii)
162	162	149monitor the reliability and availability of such chargers and charging stations, including, but not
163	163	150limited to, whether reliability varies by the income of municipalities or neighborhoods or by
164	164	151regions of the commonwealth; and (iii) require charging network providers and charging station
165	165	152operators to share, free of charge, certain data fields, with third-party software developers via
166	166	153application programming interfaces; provided, however, that any such data sharing may be
167	167	154conditioned on measures to protect sensitive or confidential business information. The executive
168	168	155office of energy and environmental affairs may designate any of its agencies to promulgate such
169	169	156regulations.
170	170	157 (c) In promulgating regulations under this section, the executive office or its designated
171	171	158agency may apply different requirements to publicly-funded and available charging stations or
172	172	159other charging stations. 9 of 132
173	173	160 (d) Regulations promulgated under this section may vary by technology type, power
174	174	161levels, number of chargers per site, site ownership and according to whether chargers: (i) are
175	175	162networked; (ii) are public; (iii) are publicly-funded and available; (iv) are level 1, level 2 or
176	176	163direct current fast chargers; or (v) are or are not all-inclusive mobile solar charging stations. Such
177	177	164regulations may apply to charging stations other than publicly-funded and available charging
178	178	165stations but shall not apply to chargers or charging stations installed at a residential real property
179	179	166containing not more than 4 dwelling units. The executive office or its designated agency may, in
180	180	167its discretion, set such standards as it deems necessary for data formats that comply with electric
181	181	168vehicle charging industry best practices and standards.
182	182	169 (e) With respect to any regulations that may be promulgated pertaining to reliability, the
183	183	170office or its designated agency shall develop definitions of “uptime” and “exempted downtime”
184	184	171through a public process and in such a manner to promote, as much as is practicable, consistency
185	185	172with other jurisdictions and the National Electric Vehicle Infrastructure formula program
186	186	173requirements; provided, however, that the office or designated agency may: (i) set standards for
187	187	174uptime; (ii) consider which events, if any, may count as exempted downtime; and (iii) take into
188	188	175account the quality and condition of software and hardware.
189	189	176 SECTION 7. Section 1 of chapter 23J of the General Laws, as appearing in the 2022
190	190	177Official Edition, is hereby amended by striking out the definitions of “Clean energy” and “Clean
191	191	178energy research” and inserting in place thereof the following 2 definitions:-
192	192	179 “Clean energy”, advanced and applied technologies that significantly reduce or eliminate
193	193	180the use of energy from non-renewable sources including, but not limited to: (i) energy efficiency;
194	194	181(ii) demand response; (iii) energy conservation; (iv) carbon dioxide removal; (v) embodied 10 of 132
195	195	182carbon reduction; or (vi) technologies powered, in whole or in part, by the sun, wind, water,
196	196	183geothermal energy, including networked geothermal and deep geothermal energy, hydrogen
197	197	184produced by non-fossil fuel sources and methods, alcohol, fuel cells, fusion energy, any other
198	198	185renewable, nondepletable or recyclable fuel and nuclear fission; provided, however, that “clean
199	199	186energy” shall include an alternative energy generating source as defined in clauses (i) to (vi),
200	200	187inclusive, of subsection (a) of section 11F½ of chapter 25A.
201	201	188 “Clean energy research”, advanced and applied research in new clean energy
202	202	189technologies including: (i) solar photovoltaic; (ii) solar thermal; (iii) wind power; (iv) geothermal
203	203	190energy, including networked geothermal and deep geothermal energy; (v) wave and tidal energy;
204	204	191(vi) advanced hydropower; (vii) energy transmission and distribution; (viii) energy storage; (ix)
205	205	192renewable biofuels, including ethanol, biodiesel and advanced biofuels; (x) renewable,
206	206	193biodegradable chemicals; (xi) advanced thermal-to-energy conversion; (xii) fusion energy; (xiii)
207	207	194hydrogen produced by non-fossil fuel sources and methods; (xiv) carbon capture and
208	208	195sequestration; (xv) carbon dioxide removal; (xvi) energy monitoring; (xvii) green building
209	209	196materials and embodied carbon reduction; (xviii) energy efficiency; (xix) energy-efficient
210	210	197lighting; (xx) gasification and conversion of gas to liquid fuels; (xxi) industrial energy
211	211	198efficiency; (xxii) demand-side management; (xxiii) fuel cells; and (xxiv) nuclear fission;
212	212	199provided, however, that “clean energy research” shall not include advanced and applied research
213	213	200in coal, oil or natural gas.
214	214	201 SECTION 8. Section 2 of said chapter 23J, as so appearing, is hereby amended by
215	215	202inserting after the word “ventures”, in line 23, the following words:- , which may include carbon
216	216	203sequestration and other clean energy sources. 11 of 132
217	217	204 SECTION 9. Chapter 25 of the General Laws is hereby amended by striking out section
218	218	20512N, as so appearing, and inserting in place thereof the following section:-
219	219	206 Section 12N. There shall be within the department and under the general supervision and
220	220	207control of the commission a facility siting division, which shall be under the charge of a director
221	221	208appointed by the commission. The division shall perform such functions as the commission
222	222	209deems necessary for the administration, implementation and enforcement of sections 69G to
223	223	21069W, inclusive, of chapter 164 imposed upon the department and the energy facilities siting
224	224	211board.
225	225	212 The division shall maintain a real-time, online, clean energy infrastructure dashboard.
226	226	213The division shall, in cooperation with the executive office of energy and environmental affairs
227	227	214and its affiliated departments and offices, create, maintain and update the dashboard by
228	228	215collecting, facilitating the collection of and reporting comprehensive data and information related
229	229	216to: (i) accelerating the responsible deployment of clean energy infrastructure through siting and
230	230	217permitting reform in a manner consistent with applicable legal requirements including, but not
231	231	218limited to, emissions limits and sublimits set under chapter 21N; (ii) facilitating community input
232	232	219into the siting and permitting of clean energy infrastructure; and (iii) ensuring that the benefits of
233	233	220clean energy deployment are shared equitably among all residents of the commonwealth. The
234	234	221dashboard shall, at a minimum, report for the most recent reporting period and in the aggregate
235	235	222the number of facility applications filed, decided or pending information including, but not
236	236	223limited to: (a) the number of applications deemed incomplete and the number of applications
237	237	224constructively approved; (b) the average duration of application review; and (c) average staffing
238	238	225levels delineated by job classification. The dashboard shall make use of bar charts, line charts
239	239	226and other visual representations to facilitate public understanding of both recent performance and 12 of 132
240	240	227long-term and cumulative trends and outcomes of clean energy deployment. The division shall
241	241	228convene a stakeholder process to develop and inform the design and content of the dashboard;
242	242	229provided, however, that comprehensive data and information shall be made publicly available in
243	243	230a machine-readable format.
244	244	231 SECTION 10. The first paragraph of section 12Q of said chapter 25, as so appearing, is
245	245	232hereby amended by striking out the second sentence and inserting in place thereof the following
246	246	233sentence:- The department shall credit to the fund: (i) appropriations or other money authorized
247	247	234or transferred by the general court and specifically designated to be credited to the fund; (ii)
248	248	235application fees collected pursuant to section 69J1/2 of chapter 164; and (iii) income derived
249	249	236from the investment of amounts credited to the fund.
250	250	237 SECTION 11. Said chapter 25 is hereby further amended by inserting after section 12R
251	251	238the following 2 sections:-
252	252	239 Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting
253	253	240Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or
254	254	241other money authorized or transferred by the general court and specifically designated to be
255	255	242credited to the fund; (ii) a portion of application fees, as determined by the department, collected
256	256	243pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iii) any nonratepayer
257	257	244funded sources obtained through gifts, grants, contributions and bequests of funds from any
258	258	245department, agency or subdivision of federal, state or municipal government or any individual,
259	259	246foundation, corporation, association or public authority; and (iv) income derived from the
260	260	247investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust
261	261	248and shall be expended solely, without further appropriation, for the purposes of section 149 of 13 of 132
262	262	249chapter 164, consistent with the requirements of said section 149 of said chapter 164 and any
263	263	250regulations promulgated thereunder. Any unexpended balance in the fund at the close of a fiscal
264	264	251year shall remain in the fund and shall be available for expenditure for the purposes of the fund
265	265	252in subsequent fiscal years.
266	266	253 Section 12T. There shall be a division of public participation within the department and
267	267	254under the general supervision and control of the commission, which shall be under the charge of
268	268	255a director appointed by the commission. The division shall perform such functions as the
269	269	256commission may determine and shall be responsible for assisting individuals, local governments,
270	270	257community organizations and other entities with business before the department or the energy
271	271	258facilities siting board. With respect to matters before the department, the division shall assist
272	272	259such parties with navigating filing requirements, opportunities to provide comment and intervene
273	273	260and facilitating dialogue among parties to proceedings. With respect to siting and permitting
274	274	261matters under the jurisdiction of the energy facilities siting board, the division shall assist
275	275	262individuals, local governments, community organizations, project applicants, and other entities
276	276	263with navigating pre-filing consultation and engagement requirements, clarifying filing
277	277	264requirements, identifying opportunities to intervene and facilitating dialogue among stakeholders
278	278	265involved in the permitting process and shall assist with coordinating with other state, regional
279	279	266and local officials, including the office of environmental justice and equity established in section
280	280	26729 of chapter 21A, involved in prefiling consultation and engagement processes and permitting
281	281	268processes generally. The director and staff of the division shall not participate as adjudicatory
282	282	269staff in matters before the department or in reviewing applications submitted to the energy
283	283	270facilities siting board and shall not serve as legal counsel to or otherwise represent any party
284	284	271before the department or the energy facilities siting board. The director shall make final 14 of 132
285	285	272determinations with respect to intervenor funding support requests made pursuant to section 149
286	286	273of chapter 164 and administering all aspects of the intervenor support grant program established
287	287	274in said section 149 of said chapter 164.
288	288	275 SECTION 12. Section 22 of said chapter 25 is hereby amended by striking out, in line 6,
289	289	276as appearing in the 2022 Official Edition, the words “the manufacturing industry” and inserting
290	290	277in place thereof the following words:- low and moderate income interests.
291	291	278 SECTION 13. Said section 22 of said chapter 25 is hereby further amended by inserting
292	292	279after the word “labor”, in line 7, as so appearing, the following words:- appointed by the
293	293	280president of the Massachusetts AFL-CIO”.
294	294	281 SECTION 14. Said section 22 of said chapter 25 is hereby further amended by striking
295	295	282out, in lines 11 and 12, as so appearing, the words “employing fewer than 10 persons”.
296	296	283 SECTION 15. Said section 22 of said chapter 25 is hereby further amended by striking
297	297	284out, in lines 24 and 25, as so appearing, the words “energy efficiency businesses” and inserting
298	298	285in place thereof the following words:- the Massachusetts clean energy center.
299	299	286 SECTION 16. Said section 22 of said chapter 25 is hereby further amended by striking
300	300	287out subsection (b), as so appearing, and inserting in place thereof the following subsection:-
301	301	288 (b) The council shall, as part of the approval process by the department, seek to: (i)
302	302	289maximize net economic benefits through energy efficiency, demand management and beneficial
303	303	290electrification resources; and (ii) achieve energy, capacity, climate and environmental goals
304	304	291through a sustained and integrated statewide energy efficiency and decarbonization effort. 15 of 132
305	305	292 The council shall: (i) review and approve plans and budgets; (ii) work with program
306	306	293administrators in preparing energy resource assessments; (iii) determine the economic, system
307	307	294reliability, climate and air quality benefits of energy efficiency, demand management and
308	308	295beneficial electrification resources; (iv) conduct and recommend relevant research; and (v)
309	309	296recommend long-term energy efficiency, demand management and beneficial electrification
310	310	297goals consistent with meeting greenhouse gas emissions limits and sublimits imposed by law or
311	311	298regulation and with mitigating ratepayer impacts. Approval of energy efficiency, demand
312	312	299management and beneficial electrification plans and budgets shall require a 2/3 vote. The
313	313	300council shall, as part of its review of plans, examine opportunities to offer joint programs. Any
314	314	301costs for such joint programs shall be allocated equitably among the efficiency programs.
315	315	302 SECTION 17. Said chapter 25 is hereby further amended by adding the following
316	316	303section:-
317	317	304 Section 24. (a) As used in this section, the following words shall have the following
318	318	305meanings unless the context clearly requires otherwise:-
319	319	306 “Division”, the division of capital asset management and maintenance.
320	320	307 “Environmental product declaration” or “EPD”, an independently verified and registered
321	321	308declaration that provides a life cycle assessment of a product’s global warming potential and
322	322	309facilitates a comparison of environmental impacts between products fulfilling the same function;
323	323	310provided, however, that such declaration shall be a Type III or higher as defined by the
324	324	311International Organization for Standardization (“ISO”), 14025:2006, or substantially similar life
325	325	312cycle assessment and comparative methodologies that have uniform standards in data collection 16 of 132
326	326	313and scientific integrity, and any pertinent product category rule developed in conformance with
327	327	314ISO 14025.
328	328	315 “Global warming potential”, a numeric value that measures the total contribution to
329	329	316global warming from the emission of greenhouse gasses or the elimination of greenhouse gas
330	330	317sinks.
331	331	318 “Life cycle assessment” or “LCA”, an assessment used to calculate the environmental
332	332	319primary and secondary impacts of a product, service or process over the lifetime of such product,
333	333	320service or process.
334	334	321 “Low-embodied carbon material”, material used in building and transportation
335	335	322construction that has been verified to embody carbon emissions that are sufficiently low, based
336	336	323on a threshold set by the division, as compared to the embodied carbon emissions of a
337	337	324conventional material fulfilling the same function.
338	338	325 (b) There shall be within the division of capital asset management and maintenance, but
339	339	326not subject to the control of the division, an embodied carbon intergovernmental coordinating
340	340	327council. The council shall consist of: the commissioner of capital asset management and
341	341	328maintenance or a designee, who shall serve as co-chair; the climate chief or a designee, who shall
342	342	329serve as co-chair; the secretary of energy and environmental affairs or a designee; the secretary
343	343	330of transportation or a designee; the secretary of housing and livable communities or a designee;
344	344	331the secretary of administration and finance or a designee; the secretary of economic development
345	345	332or a designee; the chief executive officer of the Massachusetts Port Authority or a designee; the
346	346	333general manager of the Massachusetts Bay Transportation Authority or a designee; the chief
347	347	334executive officer of the Massachusetts clean energy technology center or a designee; the chair of 17 of 132
348	348	335the board of building regulations and standards or a designee; the chairs of the joint committee
349	349	336on telecommunications, utilities and energy or their designees, who shall serve as nonvoting
350	350	337members with respect to any spending matters; and 5 persons who shall be appointed by the
351	351	338governor, 1 of whom shall be a representative of the building trades, 1 of whom shall be a
352	352	339general contractor; 1 of whom shall be a licensed architect with expertise in using low-embodied
353	353	340carbon materials of construction, 1 of whom shall be 1 structural engineer who shall be a
354	354	341licensed professional engineer with expertise in using low-embodied carbon materials of
355	355	342construction and 1 of whom shall be the executive director of a regional planning agency . The
356	356	343council shall not be a public body as defined in section 18 of chapter 30A; provided, however,
357	357	344that the council shall hold a public meeting not less than quarterly while the council is
358	358	345developing the plan pursuant to subsection (f).
359	359	346 (c) The council shall prepare an embodied carbon reduction plan, which shall include, but
360	360	347shall not be limited to, strategies to measure, monitor and reduce embodied carbon. The plan
361	361	348shall: (i) with respect to major building and transportation projects of executive offices,
362	362	349departments, divisions, centers, agencies and authorities of state and municipal governments,
363	363	350include, but not be limited to, steps to encourage and, where appropriate, recommend requiring:
364	364	351(a) environmental product declarations for construction materials commonly used in such
365	365	352projects; and (b) the use of low-embodied carbon materials, with particular attention to cement
366	366	353and concrete mixtures, steel, glass, asphalt and asphalt mixtures and wood, in such projects; (ii)
367	367	354review progress in research, development and commercialization of low-embodied carbon
368	368	355technologies and materials in the government, private and nonprofit sectors within and outside of
369	369	356the commonwealth; (iii) make recommendations for establishing a process to set, on or before
370	370	357January 1, 2026, maximum global warming potential values for products likely to be used in 18 of 132
371	371	358such building and transportation projects including, but not limited to, cement and concrete
372	372	359mixtures, steel, glass, asphalt and asphalt mixtures and wood; (iv) develop recommended
373	373	360procedures for the use of: (a) EPDs in state government contracting and procurement; and (b)
374	374	361low-embodied carbon materials in the commonwealth, where available and at reasonable cost,
375	375	362including conditions under which waivers may be obtained; (v) examine current laws,
376	376	363regulations, policies and guidelines that affect the use of EPDs and low-embodied carbon
377	377	364materials in the private and nonprofit sectors and recommend laws, regulations, policies or
378	378	365guidelines to increase the use of EPDs and low-embodied carbon materials; and (vi) consider
379	379	366interactions between embodied carbon and operational carbon to ensure policy recommendations
380	380	367to reduce embodied carbon will also contribute to the reduction of operational carbon. The
381	381	368council shall consider: (i) the best approaches to integrate the reduction of embodied carbon into
382	382	369the state building code, including the stretch and specialized stretch energy code pursuant to
383	383	370section 96 of chapter 143 and the state building code; and (ii) best practices to incentivize and
384	384	371enhance the reuse of building materials and decrease building demolition.
385	385	372 (d) The council shall meet regularly and seek data, input and advice related to EPDs and
386	386	373low-embodied carbon materials from stakeholders which shall include, but not be limited to,
387	387	374companies, contractors and subcontractors involved in construction, architecture, engineering,
388	388	375design and procurement and organizations and associations of such companies, contractors and
389	389	376subcontractors, academic and nonprofit institutions with relevant missions and activities, labor
390	390	377organizations involved in construction and transportation, organizations focused on
391	391	378environmental, energy and climate policy and perspectives and groups representing consumers,
392	392	379including, but not limited to, low-income consumers. The council shall hold not less than 3
393	393	380public hearings in geographically diverse areas of the commonwealth prior to finalizing the plan. 19 of 132
394	394	381 (e) The division and the executive office of energy and environmental affairs shall
395	395	382provide administrative support to the council.
396	396	383 (f) The council shall update the plan and submit the updated plan and a progress report at
397	397	384least every 2 years to the senate and house committees on ways and means, the joint committee
398	398	385on state administration and regulatory oversight and the joint committee on telecommunications,
399	399	386utilities and energy and shall cause the plan and the report to be publicly available on the website
400	400	387of each cabinet official, executive office, department, division, center, agency and authority
401	401	388represented on the council.
402	402	389 SECTION 18. Section 2 of chapter 25A of the General Laws, as appearing in the 2022
403	403	390Official Edition, is hereby amended by striking the second paragraph and inserting in place
404	404	391thereof the following paragraph:-
405	405	392 There shall be within the department: (i) a division of energy efficiency, which shall
406	406	393work with the department of public utilities regarding energy efficiency programs; (ii) a division
407	407	394of renewable and alternative energy development, which shall oversee and coordinate activities
408	408	395that seek to maximize the installation of renewable and alternative energy generating sources that
409	409	396will provide benefits to ratepayers, advance the production and use of biofuels and other
410	410	397alternative fuels as the division may define by regulation and administer the renewable portfolio
411	411	398standard and the alternative portfolio standard; (iii) a division of green communities, which shall
412	412	399serve as the principal point of contact for local governments and other governmental bodies
413	413	400concerning all matters under the jurisdiction of the department of energy resources, excluding
414	414	401matters involving the siting and permitting of small clean energy infrastructure facilities; (iv) a
415	415	402division of clean energy procurement, which shall develop resource solicitation plans, administer 20 of 132
416	416	403procurements for clean energy generation and energy services and negotiate and manage
417	417	404contracts with clean energy generation and energy service facilities as required by section 21;
418	418	405and (v) a division of clean energy siting and permitting, which shall establish standard
419	419	406conditions, criteria and requirements for the siting and permitting of small clean energy
420	420	407infrastructure facilities by local governments and provide technical support and assistance to
421	421	408local governments, small clean energy infrastructure facility project proponents and other
422	422	409stakeholders impacted by the siting and permitting of small clean energy infrastructure facilities
423	423	410at the local government level. Each division shall be headed by a director appointed by the
424	424	411commissioner and who shall be a person of skill and experience in the field of energy efficiency,
425	425	412renewable energy or alternative energy, energy regulation or policy and land use and planning,
426	426	413respectively. The directors shall be the executive and administrative heads of their respective
427	427	414divisions and shall be responsible for administering and enforcing the law relative to their
428	428	415division and to each administrative unit thereof under the supervision, direction and control of
429	429	416the commissioner. The directors shall serve at the pleasure of the commissioner, shall receive
430	430	417such salary as may be determined by law and shall devote full time during regular business hours
431	431	418to the duties of the office. In the case of an absence or vacancy in the office of a director or ,in
432	432	419the case of disability as determined by the commissioner, the commissioner may designate an
433	433	420acting director to serve as director until the vacancy is filled or the absence or disability ceases.
434	434	421The acting director shall have all the powers and duties of the director and shall have similar
435	435	422qualifications as the director.
436	436	423 SECTION 19. Section 6 of said chapter 25A, as so appearing, is hereby amended by
437	437	424striking out, in lines 56 and 57, the words “and (14)” and inserting in place thereof the following
438	438	425words:- 21 of 132
439	439	426 (14) develop resource solicitation plans, conduct procurements pursuant to such plans as
440	440	427approved by the department of public utilities and negotiate and execute contracts with clean
441	441	428energy generation and energy services providers pursuant to section 21;
442	442	429 (15) develop and promulgate regulations, criteria, guidelines, standard conditions and
443	443	430requirements that establish parameters for the siting, zoning, review and permitting of small
444	444	431clean energy infrastructure facilities by local governments pursuant to section 22; and
445	445	432 (16).
446	446	433 SECTION 20. Section 7 of said chapter 25A, as so appearing, is hereby amended by
447	447	434striking out, in lines 21 and 22, the words “with total storage capacity of fifty thousand gallons”.
448	448	435 SECTION 21. Said Section 7 of said chapter 25A, as so appearing, is hereby further
449	449	436amended by striking out the third paragraph and inserting in place thereof the following 2
450	450	437paragraphs:-
451	451	438 All electric and gas companies, transmission companies, distribution companies,
452	452	439suppliers and aggregators, as defined in section 1 of chapter 164, and suppliers of natural gas,
453	453	440including aggregators, marketers, brokers and marketing affiliates of gas companies, excluding
454	454	441gas companies, as defined in said section 1 of said chapter 164, engaged in distributing or selling
455	455	442electricity or natural gas in the commonwealth shall make accurate reports to the department in
456	456	443such form and at such times, which shall be at least quarterly, as the department shall require
457	457	444pursuant to this section. Each such company, supplier and aggregator shall report semi-annually
458	458	445to the department the average of all rates charged for default, low-income and standard offer
459	459	446service to each customer class and for each subclass within the residential class, respectively;
460	460	447provided, however, that all such rate information so reported pursuant to this paragraph shall be 22 of 132
461	461	448deemed public information and no such rate information shall be protected as a trade secret,
462	462	449confidential, competitively sensitive or other proprietary information pursuant to section 5D of
463	463	450chapter 25. Each such company, supplier and aggregator shall report to the department, in such
464	464	451form and at such times as the department shall require, detailed and accurate information
465	465	452including, but not limited to, data regarding number of customers, load served, amounts, in
466	466	453dollars, billed to customers, renewable and clean energy attribute certificate purchases and
467	467	454supply product offerings. The department shall make such information, or aggregates of such
468	468	455information, available to the public on its website.
469	469	456 All resellers of petroleum products, including retail heating oil and propane suppliers,
470	470	457doing business in the commonwealth shall make accurate reports of price, inventory and product
471	471	458delivery data to the department in such form and at such time as the department shall require. A
472	472	459retail heating oil or propane supplier who operates in the commonwealth shall make the daily
473	473	460delivery price of heating oil or propane for residential heating customers available in a clear and
474	474	461conspicuous manner. If the retail heating oil or propane supplier operates a website for
475	475	462commonwealth customers, the daily delivery price shall be clearly and conspicuously displayed
476	476	463on the dealer’s website.
477	477	464 SECTION 22. Section 11F1/2 of said chapter 25A, as so appearing, is hereby amended
478	478	465by striking out, in line 18, the words “naturally occurring”.
479	479	466 SECTION 23. Section 12 of said chapter 25A is hereby repealed.
480	480	467 SECTION 24. Section 17 of said chapter 25A, as appearing in the 2022 Official Edition,
481	481	468is hereby amended by striking out, in line 38, the figure “2018” and inserting in place thereof the
482	482	469following figure:- 2021. 23 of 132
483	483	470 SECTION 25. Said section 17 of said chapter 25A, as so appearing, is hereby further
484	484	471amended by striking out, in line 39, the words “in the Clean Peak Standard Incentive program”.
485	485	472 SECTION 26. Said section 17 of said chapter 25A, as so appearing, is hereby further
486	486	473amended by striking out, in line 46, the figure “2023” and inserting in place thereof the following
487	487	474figure:- 2024.
488	488	475 SECTION 27. Said chapter 25A is hereby further amended by adding the following 2
489	489	476sections:-
490	490	477 Section 21. (a) As used in this section, the following words shall have the following
491	491	478meanings unless the context clearly requires otherwise:
492	492	479 “Clean energy generation”, electrical energy output, or that portion of the electrical
493	493	480energy output, excluding any electrical energy utilized for parasitic load of a clean existing
494	494	481generation unit, that qualifies under clean energy standard regulations established pursuant to
495	495	482subsection (c) of section 3 of chapter 21N.
496	496	483 “Clean energy solicitation”, a competitive solicitation for clean energy associated
497	497	484environmental attributes or energy services completed by the department conducted pursuant to
498	498	485this section.
499	499	486 “Distribution company”, a distribution company as defined in section 1 of chapter 164.
500	500	487 “Energy services”, operation of infrastructure that increases the deliverability or
501	501	488reliability of clean energy generation or reduces the cost of clean energy generation, including,
502	502	489but not limited to, transmission, energy storage and demand response technologies. 24 of 132
503	503	490 “Environmental attributes”, all present and future attributes under any and all
504	504	491international, federal, regional, state or other law or market, including, but not limited to, all
505	505	492credits or certificates that are associated, either now or by future action, with unit specific clean
506	506	493energy generation, including, but not limited to, those provided for in regulations promulgated
507	507	494pursuant to subsection (c) of section 3 of chapter 21N and sections 11F and 17.
508	508	495 “Long-term contract” a contract for a period of not more than 20 years.
509	509	496 (b) Notwithstanding any general or special law to the contrary, in order to maximize the
510	510	497commonwealth’s ability to achieve compliance with limits and sublimits established pursuant to
511	511	498sections 3 and 3A of chapter 21N, the department shall investigate the necessity, benefits and
512	512	499risks of solicitations for environmental attributes or energy services, competitively solicit for
513	513	500environmental attributes or energy services established pursuant to said sections 3 and 3A of said
514	514	501chapter 21N and may negotiate and enter into long-term contracts for such environmental
515	515	502attributes or energy services.
516	516	503 (c) Not less than every 3 years, the department shall publish a resource solicitation plan,
517	517	504which shall include, but not be limited to: (i) a description of the clean energy generation needs
518	518	505sufficient to maximize the commonwealth’s ability to achieve compliance with limits and
519	519	506sublimits established pursuant to sections 3 and 3A of chapter 21N, including resource
520	520	507generation type, nameplate capacity amounts and commercial operation dates for new resources;
521	521	508(ii) a schedule recommendation for clean energy solicitations that the department will conduct
522	522	509within the next 3 years; (iii) economic development objectives and requirements for the clean
523	523	510energy solicitations; (iv) a mechanism for the distribution companies to recover the costs
524	524	511associated with long-term contracts for clean energy associated environmental attributes or 25 of 132
525	525	512energy services entered into by the department under this section, including any administrative
526	526	513costs to support the department’s requirements under this section; and (v) a review of the
527	527	514previous clean energy solicitations, if applicable. The department shall consult with the
528	528	515department of public utilities and attorney general’s office in the development of this resource
529	529	516plan in advance of publishing it. Any ex parte rules established by the department of public
530	530	517utilities shall not apply to this consultation process.
531	531	518 (d) The department shall file the resource solicitation plan and its recommendations with
532	532	519the department of public utilities. The department of public utilities shall review the resource
533	533	520solicitation plan and recommendations to determine whether the resource solicitation plan is a
534	534	521reasonable, appropriate and cost-effective mechanism to achieve the goals of this section. The
535	535	522department of public utilities shall approve, approve with modifications or reject the plan within
536	536	5237 months of submission. Upon approval of the resource solicitation plan, the department of
537	537	524public utilities shall require the distribution companies to jointly propose tariffs consistent with
538	538	525the approved resource solicitation plan to recover costs associated with all contracts pursuant to
539	539	526this section not later than 3 months following the approval; provided, however, that the
540	540	527distribution companies shall not receive any remuneration, benefit or fee to compensate for costs
541	541	528associated with such contracts. The tariffs shall apportion costs associated with the contracts to
542	542	529be recovered from ratepayers among the distribution companies.
543	543	530 (e) The method for the clean energy solicitations shall be proposed by the department and
544	544	531shall utilize a competitive bidding process. The department shall consult with the attorney
545	545	532general regarding the choice of solicitation methods. The department may coordinate any
546	546	533solicitation under this section with other states, municipal light plants or other governmental and
547	547	534non-governmental organizations; provided, however, that the department shall describe any 26 of 132
548	548	535impacts coordination may have on the solicitation, including any impacts to nameplate capacity
549	549	536amounts or quantities of clean energy generation attributes sought in its solicitation. After notice
550	550	537and the opportunity for public comment, the department shall proceed with the clean energy
551	551	538solicitation. The department may competitively solicit proposals for long-term contracts for: (i)
552	552	539environmental attributes from clean energy generation; or (ii) energy services contracts. The
553	553	540department may consult with other states, federal agencies and regional organizations, including,
554	554	541but not limited to, ISO New England Inc. or its successor; provided, however, that reasonable
555	555	542proposals have been received, the department shall make or cause to be made filings as necessary
556	556	543through the appropriate jurisdictional mechanism and enter into long-term contracts that are
557	557	544consistent with the roadmap plans published pursuant to chapter 21N.
558	558	545 (f) The department shall propose draft contracts and take all reasonable actions to
559	559	546structure the contracts, pricing or administration of the products purchased under this section to
560	560	547contribute towards achieving compliance with limits and sublimits established pursuant to
561	561	548sections 3 and 3A of chapter 21N in a cost-effective manner that minimizes rate-payer impacts.
562	562	549 (g) Long-term contracts executed pursuant to this section shall be subject to the approval
563	563	550of the department of public utilities. The department of public utilities shall consider the
564	564	551potential costs and benefits of the proposed long-term contract and shall approve a long-term
565	565	552contract if the department finds that the contract is cost-effective and consistent with the
566	566	553roadmap plans published pursuant to chapter 21N, taking into account the factors outlined in this
567	567	554section, consistency with the approved resource solicitation plan and the department’s
568	568	555recommendations. The department of public utilities shall complete its review of long-term
569	569	556contracts submitted for its approval not later than 90 days after the contracts are filed by the
570	570	557department of energy resources. 27 of 132
571	571	558 (h) The department may retire any environmental attributes purchased pursuant to
572	572	559approved long-term contracts under this section on behalf of the commonwealth to be used
573	573	560toward satisfying compliance with the limits and sublimits established pursuant to sections 3 and
574	574	5613A of chapter 21N and any regulations or programs established pursuant to sections 3 and 6 of
575	575	562said chapter 21N or sections 11F and 17. If any retired environmental attributes are eligible
576	576	563under a clean, renewable, clean peak or other energy portfolio standard established by the
577	577	564department or the department of environmental protection, the portfolio standard minimum
578	578	565obligations of suppliers subject to such standards may be reduced in proportion to any eligible
579	579	566environmental attributes retired pursuant to this section, subject to the discretion of the
580	580	567department and the department of environmental protection.
581	581	568 (i) There shall be a separate, non-budgeted special revenue fund known as the central
582	582	569procurement fund, which shall be administered by the department, without further appropriation,
583	583	570for funding long-term contracts consistent with this section. The fund shall be credited with: (i)
584	584	571funds or revenue collected by distribution companies pursuant to a tariff approved by the
585	585	572department of public utilities in furtherance of the objectives and requirements of this section;
586	586	573(ii) revenue from appropriations or other money authorized by the general court and specifically
587	587	574designated to be credited to the fund; (iii) interest earned on such funds or revenues; (iv) bid fees
588	588	575collected by the department from participants in clean energy solicitations conducted pursuant to
589	589	576this section; (v) other revenue from public and private sources, including gifts, grants and
590	590	577donations; and (vi) any funds provided from other sources. All amounts credited to the fund shall
591	591	578be used solely for activities and expenditures consistent with the public purposes of this section,
592	592	579including the ordinary and necessary administrative and personnel expenses of the department
593	593	580related to the administration and operation of the fund and performance of the duties established 28 of 132
594	594	581by this section. Revenues deposited in the fund that are unexpended at the end of a fiscal year
595	595	582shall not revert to the General Fund and shall be available for expenditure in the following fiscal
596	596	583year. No expenditure made from the fund shall cause the fund to be in deficit at any point.
597	597	584 (j) A request for proposal or solicitation under this section shall include:
598	598	585 (i) documentation reflecting the applicant’s demonstrated commitment to workforce or
599	599	586economic development within the commonwealth;
600	600	587 (ii) a statement of intent concerning efforts that the applicant and its contractors and
601	601	588subcontractors will make to promote workforce or economic development through the project;
602	602	589 (iii) documentation reflecting the applicant’s demonstrated commitment to expand
603	603	590workforce diversity, equity and inclusion in its past projects within the commonwealth;
604	604	591 (iv) documentation as to whether the applicant and its contractors and subcontractors
605	605	592participate in a state or federally certified apprenticeship program and the number of apprentices
606	606	593the apprenticeship program has trained to completion for each of the last 5 years;
607	607	594 (v) a statement of intent concerning how or if the applicant and its contractors and
608	608	595subcontractors intend to utilize apprentices on the project;
609	609	596 (vi) documentation relative to the applicant and its contractors and subcontractors
610	610	597regarding their history of compliance with chapters 149, 151, 151A, 151B and 152, 29 U.S.C. §
611	611	598201, et seq. and applicable federal antidiscrimination laws;
612	612	599 (vii) documentation that the applicant and its contractors and subcontractors are currently,
613	613	600and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152, 29 U.S.C. § 201,
614	614	601et seq. and applicable federal anti-discrimination laws for the duration of the project; 29 of 132
615	615	602 (viii) documentation of the applicant’s history with picketing, work stoppages, boycotts
616	616	603or other economic actions against the applicant and a description or plan on how the applicant
617	617	604intends to prevent or address such actions; and
618	618	605 (ix) documentation relative to whether the applicant and its contractors have been found
619	619	606in violation of state or federal safety regulations in the previous 10 years.
620	620	607 The department may require a wage bond or other comparable form of insurance in an
621	621	608amount to be set by the department to ensure compliance with law, certifications or department
622	622	609obligations.
623	623	610 (k) A proposal or solicitation issued by the department shall notify applicants that
624	624	611applicants shall be disqualified from the project if the applicant has been debarred by the federal
625	625	612government or commonwealth for the entire term of the debarment.
626	626	613 (l) An applicant shall, in a timely manner, provide documentation and certifications as
627	627	614required by law or otherwise directed by the department. Incomplete or inaccurate information
628	628	615may be grounds for disqualification, dismissal or other action deemed appropriate by the
629	629	616department.
630	630	617 (m) Applicants that demonstrate compliance with sections 26 to 27F, inclusive, of chapter
631	631	618149 and the use of state or federally certified apprenticeship programs, shall receive added
632	632	619weight in clean energy solicitations under subsection (e).
633	633	620 Section 22. (a) For the purposes of this section, the following words shall have the
634	634	621following meanings unless the context clearly requires otherwise: 30 of 132
635	635	622 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
636	636	623produced by the accelerated biodegradation of organic materials under controlled anaerobic
637	637	624conditions; and (ii) has been determined by the department of energy resources, in coordination
638	638	625with the department of environmental protection, to qualify under department of energy
639	639	626resources regulations as a Class I renewable energy generating source under section 11F.
640	640	627 “Local government”, the chief executive officer of a municipality or regional agency,
641	641	628including the Cape Cod commission and the Martha’s Vineyard commission.
642	642	629 “Small clean energy generation facility”, energy generation infrastructure with a
643	643	630nameplate capacity of less than 25 megawatts that is an anaerobic digestion facility, solar facility
644	644	631or wind facility, including any ancillary structure that is an integral part of the operation of the
645	645	632small clean energy generation facility or, following a rulemaking by the department in
646	646	633consultation with the energy facilities siting board in which the facility type is added to the
647	647	634regulatory definition of a small clean energy generation facility, any other type of generation
648	648	635facility that produces no greenhouse gas emissions or other pollutant emissions known to have
649	649	636negative health impacts; provided, however, that the nameplate capacity for solar facilities shall
650	650	637be calculated in direct current.
651	651	638 "Small clean energy infrastructure facility”, a small clean energy generation facility,
652	652	639small clean energy storage facility or small clean transmission and distribution infrastructure
653	653	640facility.
654	654	641 “Small clean energy storage facility”, an energy storage system as defined in section 1 of
655	655	642chapter 164 with a rated capacity of less than 100 megawatt hours, including any ancillary
656	656	643structure that is an integral part of the operation of the small clean energy storage facility. 31 of 132
657	657	644 “Small clean transmission and distribution infrastructure facility”, electric transmission
658	658	645and distribution infrastructure and related ancillary infrastructure including: (i) electric
659	659	646transmission line reconductoring or rebuilding projects; (ii) new or substantially altered electric
660	660	647transmission lines located in an existing transmission corridor that are not more than 10 miles
661	661	648long, including any ancillary structure that is an integral part of the operation of the transmission
662	662	649line; (iii) new or substantially altered electric transmission lines located in a new transmission
663	663	650corridor that are not more than 1 mile long, including any ancillary structure that is an integral
664	664	651part of the operation of the transmission line; (iv) any other new electric transmission
665	665	652infrastructure, including standalone transmission substations and upgrades and any ancillary
666	666	653structure that is an integral part of the operation of the transmission line, that does not require
667	667	654zoning exemptions; and (v) electric distribution-level projects that meet a certain threshold as
668	668	655determined by the department; provided, however, that the “small clean transmission and
669	669	656distribution infrastructure facility” shall be: (A) designed, fully or in part, to directly interconnect
670	670	657or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B)
671	671	658designed to ensure electric grid reliability and stability; or (C) designed to help facilitate the
672	672	659electrification of the building and transportation sectors; provided further, that a “small clean
673	673	660transmission and distribution infrastructure facility” shall not include new transmission and
674	674	661distribution infrastructure facilities that solely interconnect new or existing generation powered
675	675	662by fossil fuels to the electric grid on or after January 1, 2026.
676	676	663 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
677	677	664 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity. 32 of 132
678	678	665 (b) The department shall establish standards, requirements and procedures governing the
679	679	666siting and permitting of small clean energy infrastructure facilities by local governments that
680	680	667include: (i) uniform sets of public health, safety, environmental and other standards, including
681	681	668zoning criteria, that local governments shall require for the issuance of permits for small clean
682	682	669energy infrastructure facilities; (ii) a common standard application for small clean energy
683	683	670infrastructure facility project applicants submitting a permit application to local governments;
684	684	671(iii) uniform pre-filing requirements for small clean energy infrastructure facilities, which shall
685	685	672include specific requirements for public meetings and other forms of outreach that must occur in
686	686	673advance of an applicant submitting an application; (iv) standards for applying site suitability
687	687	674guidance developed by the executive office of energy and environmental affairs pursuant to
688	688	675section 30 of chapter 21A to evaluate the social and environmental impacts of proposed small
689	689	676clean energy generation facilities, small clean energy storage facilities and small clean
690	690	677transmission and distribution infrastructure facilities in new rights of way, which shall include a
691	691	678mitigation hierarchy to be applied during the permitting process to avoid or minimize or, if
692	692	679impacts cannot be avoided or minimized, mitigate negative impacts of siting on the environment,
693	693	680people and the commonwealth’s goals and objectives for climate mitigation, resilience,
694	694	681biodiversity and protection of natural and working lands, to the extent practicable; (v) common
695	695	682conditions and requirements for a single permit consolidating all necessary local approvals to be
696	696	683issued for different types of small clean energy infrastructure facilities in the event that
697	697	684constructive approval is triggered through the non-issuance of a final decision by a local
698	698	685government pursuant to subsection (d); (vi) guidance for procedures and potential extensions of
699	699	686time should an applicant fail to respond to a request for information within a specified timeframe
700	700	687or proposes a significant revision to a proposed project; provided, however, that the department 33 of 132
701	701	688shall solicit public input in the development of such guidance; and (vii) responsible parties
702	702	689subject to enforcement actions, including in the event of sale of small clean energy infrastructure
703	703	690facilities after permitting. The department of energy resources may promulgate rules and
704	704	691regulations allowing local governments to set fees for compensatory environmental mitigation
705	705	692for the restoration, establishment, enhancement or preservation of comparable environmental
706	706	693resources through funds paid to the local government or a non-profit entity to be used at the
707	707	694election of an applicant to satisfy the standard of mitigation to the maximum extent practicable.
708	708	695Local governments acting in accordance with the standards established by the department for
709	709	696small clean energy generation facilities and small clean energy storage facilities pursuant to this
710	710	697subsection shall be considered to have acted consistent with the limitations on solar facility and
711	711	698small clean energy storage facility zoning under section 3 of chapter 40A. The department shall
712	712	699establish a transition or concurrency period for the effective date of any standards that it
713	713	700establishes.
714	714	701 (c) The proponent of a small clean energy infrastructure facility may submit a
715	715	702consolidated small clean energy infrastructure facility permit application seeking a single permit
716	716	703consolidating all necessary local permits and approvals. To initiate the permitting of a small
717	717	704clean energy infrastructure facility, an applicant may elect to submit an application, with
718	718	705supporting information in the form developed by the department pursuant to subsection (b), for
719	719	706the local government to conduct a consolidated review pursuant to the criteria and standards set
720	720	707forth in subsection (b) and using the process set forth in subsection (d). Local governments shall
721	721	708determine whether such consolidated small clean energy infrastructure facility permit application
722	722	709is complete within 30 days of receipt. If an application is deemed incomplete, the applicant shall
723	723	710have 30 days, and any additional time as determined by the local government, to cure any 34 of 132
724	724	711deficiencies before the application is rejected. In the event of a rejection of the application, the
725	725	712local government shall provide a detailed reasoning for the rejection.
726	726	713 (d) Local governments shall issue a single, final decision on a consolidated small clean
727	727	714energy infrastructure facility permit application submitted pursuant to subsection (c), including
728	728	715all decisions necessary for a project to proceed with construction, but not including any state
729	729	716permits that may be required to proceed with construction and operation of said facility, within
730	730	71712 months of the receipt of a complete permit application. All local government authorities,
731	731	718boards, commissions, offices or other entities that may be required to issue a decision on 1 or
732	732	719more permits in response to the application for the small clean energy infrastructure facility may
733	733	720conduct reviews separately and concurrently. Such permits shall adhere to any requirements
734	734	721established by the department pursuant to subsection (b). If a final decision is not issued within
735	735	72212 months of the receipt of a complete permit application, a constructive approval permit shall be
736	736	723issued by the local government that adopts the common conditions and requirements established
737	737	724by the department for the type of small clean energy infrastructure facility under review.
738	738	725 (e) An appeal or review may be made only of the single, final decision of a local
739	739	726government on an application for a small clean energy infrastructure facility, including all
740	740	727decisions necessary to complete the application and permitting process, but not including
741	741	728decisions on any state permits that may be required to proceed with construction and operation of
742	742	729said facility. Decisions of local government authorities, boards, commissions, offices or other
743	743	730entities on the issuance of 1 or more permits to the applicant for the small clean energy
744	744	731infrastructure facility shall not be subject to independent appeal or review. Decisions on any state
745	745	732permits that may be required shall be subject to de novo adjudication of the permit application by
746	746	733the director of the energy facilities siting division, as provided in subsection (f). 35 of 132
747	747	734 (f) Within 30 days of the single, final decision on a consolidated permit application by a
748	748	735local government described in subsections (d) and (e), project proponents and other individuals
749	749	736or entities substantially and specifically affected by a proposed small clean energy infrastructure
750	750	737facility may file a petition to request in writing a de novo adjudication of the permit application
751	751	738by the director of the facilities siting division pursuant to section 69W of chapter 164 following
752	752	739permit issuance, including constructive approval permits or denial by a local government.
753	753	740 (g) If a local government lacks the resources, capacity or staffing to review a small clean
754	754	741energy infrastructure facility permit application within 12 months, it may, not later than 60 days
755	755	742after receipt of such application or at any time thereafter with the consent of the applicant,
756	756	743request in writing a de novo adjudication of the such application by the director pursuant to
757	757	744section 69W of chapter 164.
758	758	745 (h) The department shall promulgate regulations to implement this section in consultation
759	759	746with local governments, Massachusetts Municipal Association, Inc., the department of public
760	760	747utilities, the department of environmental protection, the department of fish and game, the
761	761	748department of conservation and recreation, the department of agricultural resources, the
762	762	749Massachusetts environmental policy act office, the office of environmental justice and equity, the
763	763	750executive office of health and human services, the executive office of housing and livable
764	764	751communities and the executive office of public safety and security.
765	765	752 (i) Nothing in subsections (c) to (g), inclusive, shall apply to a comprehensive permit
766	766	753pursuant to sections 20 to 23, inclusive of chapter 40B. For the purpose of this section, the
767	767	754procedures and standards for filing and review of an application for a comprehensive permit that 36 of 132
768	768	755includes a small clean energy infrastructure facility shall be in accordance with said sections 20
769	769	756to 23, inclusive, of said chapter 40B.
770	770	757 (j) If more than 50 per cent of applications for small clean energy infrastructure facilities
771	771	758processed in a 24-month period have been constructively approved, the department of energy
772	772	759resources, the department of public utilities, and the office of environmental justice and equity
773	773	760shall, within 6 months, analyze and report on the cause of the high rate of constructive approvals
774	774	761and make recommendations to local governments, the general court, and the governor on how to
775	775	762reduce the number of constructive approvals and increase the number of decisions issued within
776	776	763the 12-months for local governments and, for small clean energy infrastructure facilities that the
777	777	764energy facilities siting board reviews, within the deadlines established for such reviews by the
778	778	765energy facilities siting board.
779	779	766 SECTION 28. Section 2 of chapter 25B of the General Laws, as appearing in the 2022
780	780	767Official Edition, is hereby amended by inserting after the definition of “Compensation” the
781	781	768following definition:-
782	782	769 “Connector”, a device that attaches an electric vehicle to a charging port to transfer
783	783	770electricity; provided, however, that “connector” shall include a plug.
784	784	771 SECTION 29. Said section 2 of chapter 25B, as so appearing, is hereby further amended
785	785	772by striking out the definition of “Electric vehicle supply equipment” and inserting in place
786	786	773thereof the following definition:-
787	787	774 “Electric vehicle supply equipment” or “EVSE”, a device, including at least 1 charging
788	788	775port and connector, for charging electric vehicles; provided, however, that “electric vehicle
789	789	776supply equipment” shall include a charger. 37 of 132
790	790	777 SECTION 30. Said section 2 of said chapter 25B, as so appearing, is hereby further
791	791	778amended by inserting after the definition of “Electricity Ratio (ER)” the following definition:-
792	792	779 “Fast DC”, galvanically-connected electric vehicle supply equipment that includes an off-
793	793	780board charger and provides DC current of not less than 80 amperes.
794	794	781 SECTION 31. Said section 2 of said chapter 25B, as so appearing, is hereby further
795	795	782amended by inserting after the definition of “Faucet” the following definition:-
796	796	783 “Flexible demand”, the capability to schedule, shift or curtail the electrical demand of a
797	797	784load-serving entity’s customer through direct action by the customer or through action by a third
798	798	785party, the load-serving entity or a grid balancing authority, with the customer’s consent.
799	799	786 SECTION 32. Said section 2 of said chapter 25B, as so appearing, is hereby further
800	800	787amended by inserting after the definition of “Lamp” the following 2 definitions:-
801	801	788 “Level 1”, galvanically-connected electric vehicle supply equipment with a single-phase
802	802	789input voltage nominally 120 volts AC and maximum output current of not more than 16 amperes
803	803	790AC.
804	804	791 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single-
805	805	792phase input voltage range from 208 to 240 volts AC and maximum output current of not more
806	806	793than 80 amperes AC.
807	807	794 SECTION 33. Said section 2 of said chapter 25B, as so appearing, is hereby further
808	808	795amended by inserting after the definition of “Plumbing fixture” the following definition:- 38 of 132
809	809	796 “Port”, a system or connecting outlet on a charger that provides power to charge an
810	810	797electric vehicle; provided, however, that a port may be equipped with multiple connectors but
811	811	798use only 1 connector at a time to provide such power.
812	812	799 SECTION 34. Section 5 of said chapter 25B, as so appearing, is hereby amended by
813	813	800striking out the first and second paragraphs and inserting in place thereof the following
814	814	801paragraph:-
815	815	802 The commissioner may, by regulation, update energy efficiency standards for the types of
816	816	803new products set forth in clauses (f) to (y), inclusive, of section 3. Any revision of such
817	817	804efficiency standards shall be based upon the determination of the commissioner; provided,
818	818	805however, that a revision of said efficiency standards for electric vehicle supply equipment may
819	819	806allow the use of equipment that consumes additional kilowatts per hour. Any standard revised
820	820	807pursuant to this section which conflicts with a corresponding standard in the state plumbing code
821	821	808shall take precedence over the standard in said state plumbing code. Any standard revised
822	822	809pursuant to this section shall not take effect for at least 1 year after its adoption.
823	823	810 SECTION 35. Said section 5 of said chapter 25B, as so appearing, is hereby further
824	824	811amended by striking out clause (20) and inserting in place thereof the following clause:-
825	825	812 (20) Electric vehicle supply equipment included in the scope of the ENERGY STAR
826	826	813Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version
827	827	8141.2 (Rev. June 2023), shall meet the qualification criteria of that specification.
828	828	815 SECTION 36. Said section 5 of said chapter 25B, as so appearing, is hereby further
829	829	816amended by striking out, in line 198, the words “, electric vehicle supply equipment”. 39 of 132
830	830	817 SECTION 37. Said section 5 of said chapter 25B, as so appearing, is hereby further
831	831	818amended by inserting after the fifth paragraph the following paragraph:-
832	832	819 The commissioner may adopt and update regulations for the standards for any appliances
833	833	820to facilitate the deployment of flexible demand technologies. The regulations may include
834	834	821labeling provisions to promote the use of appliances with flexible demand capabilities. The
835	835	822flexible demand appliance standards shall be based on feasible and attainable efficiencies or
836	836	823feasible improvements that will enable appliance operations to be scheduled, shifted or curtailed
837	837	824to reduce emissions of greenhouse gases associated with electricity generation. The standards
838	838	825shall become effective not earlier than 1 year after the date of their adoption or updating.
839	839	826 SECTION 38. The second paragraph of section 62A of chapter 30 of the General Laws,
840	840	827as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof
841	841	828the following sentence:- This section and sections 62B to 62L, inclusive, shall not apply to the
842	842	829energy facilities siting board established under section 69H of chapter 164 or to any proponent or
843	843	830owner of a large clean energy infrastructure facility as defined in section 69G of said chapter 164
844	844	831or small clean energy infrastructure facility as defined in section 22 of chapter 25A in relation to
845	845	832an application or petition for a consolidated permit or de novo adjudication filed under sections
846	846	83369T to 69W, inclusive, of said chapter 164.
847	847	834 SECTION 39. Chapter 30B of the General Laws is hereby amended by striking out
848	848	835section 23, as so appearing, and inserting in place thereof the following section:-
849	849	836 Section 23. Notwithstanding section 39M of chapter 30 or any other general or special
850	850	837law to the contrary, a governmental body may, pursuant to this chapter, procure electric school
851	851	838buses and the installation of electric vehicle supply equipment as defined in section 2 of chapter 40 of 132
852	852	83925B for such school buses. Electric school buses and the installation of related electric vehicle
853	853	840supply equipment may be procured separately or in a single procurement. For the purposes of
854	854	841this section, electric school buses shall be considered supplies and electric vehicle supply
855	855	842equipment and its installation shall be considered services; provided, however, that if electric
856	856	843school buses and electric vehicle supply equipment and its installation are procured in a single
857	857	844procurement both shall be considered supplies.
858	858	845 A contract under this section shall only be awarded to a bidder who: (i) possesses the
859	859	846skill, ability and integrity necessary for the faithful performance of the work; (ii) certifies that it
860	860	847is able to furnish labor that can work in harmony with all other elements of labor employed or to
861	861	848be employed in the work; (iii) certifies that all employees to be employed at the worksite will
862	862	849have successfully completed a course in construction safety and health approved by the United
863	863	850States Occupational Safety and Health Administration that is not less than 10 hours in duration at
864	864	851the time the employee begins work and furnish documentation of successful completion of such
865	865	852course with the first certified payroll report for each employee; and (iv) obtains within 10 days of
866	866	853the notification of contract award the security by bond required under section 29 of chapter 149.
867	867	854For the purposes of this section, “security by bond” shall mean the bond of a surety company
868	868	855qualified to do business under the laws of the commonwealth and satisfactory to the awarding
869	869	856authority; provided, however, that if there is more than 1 surety company, the surety companies
870	870	857shall be jointly and severally liable.
871	871	858 SECTION 40. Section 23 of said chapter 30B is hereby repealed. 41 of 132
872	872	859 SECTION 41. Section 1A of chapter 40A of the General Laws, as appearing in the 2022
873	873	860Official Edition, is hereby amended by inserting after the definition of “Permit granting
874	874	861authority” the following definition:-
875	875	862 “Public service corporation”, (i) a corporation or other entity duly qualified to conduct
876	876	863business in the commonwealth that owns or operates or proposes to own or operate assets or
877	877	864facilities to provide electricity, gas, telecommunications, cable, water or other similar services of
878	878	865public need or convenience to the public directly or indirectly including, but not limited to, an
879	879	866entity that owns or operates or proposes to own or operate electricity generation, storage,
880	880	867transmission or distribution facilities or natural gas facilities including pipelines and
881	881	868manufacturing and storage facilities; (ii) any transportation company that owns or operates or
882	882	869proposes to own or operate railways and related common carrier facilities; (iii) any
883	883	870communications company, including a wireless communications company or cable company that
884	884	871owns or operates or proposes to own or operate communications or cable facilities; and (iv) any
885	885	872water company that owns or operates or proposes to own or operate facilities necessary for its
886	886	873operations.
887	887	874 SECTION 42. Section 3 of said chapter 40A, as so appearing, is hereby amended by
888	888	875striking out, in lines 64 to 65, 74 and 82, the words “department of public utilities” and inserting
889	889	876in place thereof, in each instance, the following words:- energy facilities siting board.
890	890	877 SECTION 43. Section 5 of chapter 40C of the General Laws, as so appearing, is hereby
891	891	878amended by inserting after the word “districts”, in line 20, the following words:- ; the words
892	892	879“solar energy system” shall mean a device or structural design feature, a substantial purpose of 42 of 132
893	893	880which is to provide for the collection, storage and distribution of solar energy for space heating
894	894	881or cooling, electricity generation or water heating.
895	895	882 SECTION 44. The first paragraph of section 7 of said chapter 40C, as so appearing, is
896	896	883hereby amended by striking out the third sentence and inserting in place thereof the following
897	897	884sentence:- Notwithstanding any general or special law to the contrary, the commission shall give
898	898	885substantial weight to the threat posed by climate change and to the commonwealth’s obligation
899	899	886to meet statewide greenhouse gas emission limits and sublimits established under chapter 21N
900	900	887when ruling on applications for certificates of appropriateness for solar energy systems.
901	901	888 SECTION 45. Section 321 of chapter 94 of the General Laws, as so appearing, is hereby
902	902	889amended by striking out the definitions of “Beverage” and “Beverage container” and inserting in
903	903	890place thereof the following 2 definitions:-
904	904	891 “Beverage”, any drinkable liquid intended for human consumption; provided, however,
905	905	892that “beverage” shall not include: (i) a drug regulated under the Federal Food, Drug, and
906	906	893Cosmetic Act of 1938, 21 U.S.C. 301 et seq; (ii) infant formula; (iii) a meal replacement liquid;
907	907	894or (iv) products for which the first ingredient is derived from animal milk.
908	908	895 “Beverage container”, an individual, separate, sealed glass, metal, plastic or multi-
909	909	896material bottle, can or jar designed to hold not more than 3.79 liters; provided, however, that
910	910	897“beverage container” shall not include a container: (i) of not more than 150 milliliters that
911	911	898contains no alcohol content; (ii) that is a carton or pouch; and (iii) that is aseptic.
912	912	899 SECTION 46. Said section 321 of said chapter 94, as so appearing, is hereby further
913	913	900amended by inserting after the definition of “Consumer” the following definition:- 43 of 132
914	914	901 “Contracted agent”, a person acting for, or on behalf of, a registered deposit initiator to
915	915	902collect, process or administer payments of deposits and handling fees on empty beverage
916	916	903containers accepted from redemption centers and dealers.
917	917	904 SECTION 47. Said section 321 of said chapter 94, as so appearing, is hereby further
918	918	905amended by inserting after the definition of “Dealer” the following 2 definitions:-
919	919	906 “Department”, the department of environmental protection.
920	920	907 “Deposit initiator”, the first dealer, distributor, retailer or other party to collect the deposit
921	921	908on a beverage container sold to any person within the commonwealth.
922	922	909 SECTION 48. Said section 321 of said chapter 94, as so appearing, is hereby further
923	923	910amended by inserting after the definition of “Plastic bottle” the following 3 definitions:-
924	924	911 “Recycle”, the series of activities by which a covered product is: (i) collected, sorted and
925	925	912processed; (ii) converted into a raw material with minimal loss of material quality; and (iii) used
926	926	913in the production of a new product, including the original product; provided, however, that
927	927	914“recycle” shall not include any method of sorting, processing or aggregating materials from solid
928	928	915waste that substantially degrades the original material quality, such that the aggregated material
929	929	916is no longer usable for its initial purposes or for a substantially similar product.
930	930	917 “Reusable beverage container”, a beverage container designed and constructed to be
931	931	918structurally capable of being refilled and resold by a bottle not less than 50 times after its initial
932	932	919use as part of a washing system that meets the health and safety standards of the commonwealth. 44 of 132
933	933	920 “Reverse vending machine” a mechanical device that accepts used beverage containers
934	934	921from consumers and provides a means of refunding the refund value for such beverage container
935	935	922to the user of such device.
936	936	923 SECTION 49. Section 322 of said chapter 94, as so appearing, is hereby amended by
937	937	924striking out, in line 2, the word “five” and inserting in place thereof the following figure:- 10.
938	938	925 SECTION 50. Section 323 of said chapter 94, as so appearing, is hereby amended by
939	939	926inserting after the word “returned”, in line 8, the following words:- ; provided, however, that this
940	940	927subsection shall not apply to a dealer whose place of business is not more than 2,000 square feet;
941	941	928provided further, that a redemption center or dealer shall pay the refund value at the time the
942	942	929beverage container is returned; and provided further, that, at the request of a consumer, a
943	943	930redemption center or dealer may repay deposits through an account system in which the amount
944	944	931of refund value is placed into an account to be held for the benefit of the consumer and such
945	945	932account is funded in a manner that allows the customer to obtain deposits due within 2 business
946	946	933days of the time of return.
947	947	934 SECTION 51. Said section 323 of said chapter 94, as so appearing, is hereby further
948	948	935amended by striking out, in line 13, the words “at least one” and inserting in place there of the
949	949	936following words:- not less than 3.25.
950	950	937 SECTION 52. Said section 323 of said chapter 94, as so appearing, is hereby further
951	951	938amended by striking out, in line 37, the words “at least one” and inserting in place thereof the
952	952	939following words:- not less than 4. 45 of 132
953	953	940 SECTION 53. Section 325 of said chapter 94, as so appearing, is hereby amended by
954	954	941inserting after the word “container”, in line 6, the following words:- and a universal product code
955	955	942barcode to identify and validate participation in the redemption program.
956	956	943 SECTION 54. Said section 325 of said chapter 94, as so appearing, is hereby further
957	957	944amended by striking out, in line 22, the word “five” and inserting in place thereof the following
958	958	945figure:- 10.
959	959	946 SECTION 55. Said section 325 of said chapter 94, as so appearing, is hereby further
960	960	947amended by adding the following subsection:-
961	961	948 (c) Each deposit initiator shall provide such universal product code barcode, with
962	962	949packaging information, to reverse vending machine system administrators and contracted agents
963	963	950not less than 30 days prior to placement of any such beverage container on the market.
964	964	951 SECTION 56. Section 326 of said chapter 94, as so appearing, is hereby amended by
965	965	952inserting after the first paragraph the following paragraph:-
966	966	953 The secretary of energy and environmental affairs shall review and may increase
967	967	954handling fees not less than every 3 years. In setting and reviewing handling fees, the secretary
968	968	955shall consider whether there are enough points of redemption across the commonwealth and
969	969	956whether a higher handling fee would increase the number of points of redemption.
970	970	957 SECTION 57. Said chapter 94 is hereby further amended by inserting after section 327
971	971	958the following section:-
972	972	959 Section 327A. (a) Annually, not later than June 1, the department shall publish a report
973	973	960containing information including, but not limited to, the average statewide redemption rate for 46 of 132
974	974	961the preceding calendar year, calculated as the number of beverage containers redeemed for
975	975	962deposit divided by the number of beverage containers sold; provided, however, that the
976	976	963commissioner of revenue shall make the data necessary to compile this information available to
977	977	964the department.
978	978	965 (b) Annually, not later than February 1 and as determined by the commissioner of
979	979	966revenue, each deposit initiator shall provide to the department a report that includes the: (i)
980	980	967locations where its redeemed containers were delivered for processing and recycling; (ii) number
981	981	968of its redeemed containers processed and recycled at each location; and (iii) number of beverage
982	982	969containers it sold.
983	983	970 Annually, not later than June 1, the department shall report the information provided
984	984	971pursuant to this subsection to the joint committee on telecommunications, utilities and energy
985	985	972and the joint committee on environment and natural resources.
986	986	973 (c) A dealer shall post a conspicuous sign, at the point of sale, that states: “STATE LAW
987	987	974REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF THE
988	988	975TYPE, SIZE AND BRAND SOLD BY US WITHIN THE PAST 60 DAYS. TO REPORT
989	989	976REFUSAL OF REDEMPTION, CONTACT THE MASSACHUSETTS DEPARTMENT OF
990	990	977ENVIRONMENTAL PROTECTION AT 617-556-1054 or mass.gov/orgs/massachusetts-
991	991	978department-of-environmental-protection.” The posted sign may also include the toll-free
992	992	979telephone number as established by the department of environmental protection; provided,
993	993	980however, that the sign shall be not less than 8 inches by 10 inches in size and have lettering a
994	994	981minimum of 1/4 inch high and of a color which contrasts with the background. The department 47 of 132
995	995	982shall maintain a website and toll-free telephone number for a “bottle bill hotline” that shall be
996	996	983available from 9:00 a.m. to 5:00 p.m. each business day to receive reports of violations.
997	997	984 (d) There shall be a commission to study and examine the effectiveness of bottle and
998	998	985beverage container recycling and to study and make recommendations, if necessary, to improve
999	999	986the effectiveness of programs designed to improve and increase the recycling of bottles and
1000	1000	987beverage containers as defined in section 321. The commission shall review and report on the
1001	1001	988best practices in other states or countries.
1002	1002	989 The commission shall consist of: the chairs of the joint committee on
1003	1003	990telecommunications, utilities and energy, who shall serve as co-chairs; the commissioner of
1004	1004	991environmental protection or a designee; the commissioner of revenue or a designee; 2 persons to
1005	1005	992be appointed by the president of the senate; 2 persons to be appointed by the speaker of the house
1006	1006	993of representatives; 1 person to be appointed by the minority leader of the senate; 1 person to be
1007	1007	994appointed by the minority leader of the house of representatives and 3 persons to be appointed by
1008	1008	995the governor, 1 of whom shall have expertise in beverage container recycling, 1 of whom shall
1009	1009	996represent consumers and be familiar with container deposit systems and 1 of whom shall
1010	1010	997represent municipalities.
1011	1011	998 The commission shall conduct at least 3 public hearings annually in geographically
1012	1012	999diverse locations of the commonwealth and, not later than April 30, submit a report and any
1013	1013	1000recommendations to the clerks of the senate and house of representatives. The report shall detail
1014	1014	1001findings from such public hearings, best practices in other states and countries and any
1015	1015	1002recommendations to improve the effectiveness of the commonwealth’s recycling programs. 48 of 132
1016	1016	1003 SECTION 58. Section 327A of said chapter 94, inserted by section 57, is hereby
1017	1017	1004amended by adding the following subsection:-
1018	1018	1005 (d) The department shall, through its own communications and by engaging deposit
1019	1019	1006initiators and dealers, educate consumers regarding the redemption value for beverage containers
1020	1020	1007and how and where they can redeem containers for deposit money.
1021	1021	1008 SECTION 59. Chapter 98 of the General Laws is hereby amended by adding the
1022	1022	1009following section:-
1023	1023	1010 Section 59. (a) For the purposes of this section, the following words shall have the
1024	1024	1011following meanings unless the context clearly requires otherwise:
1025	1025	1012 “Charger”, a device having at least 1 charging port and connector for charging electric
1026	1026	1013vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.
1027	1027	1014 “Charging network provider”, the entity that operates the digital communication network
1028	1028	1015that remotely manages the chargers which may include charging station operators and
1029	1029	1016manufacture chargers.
1030	1030	1017 “Charging station”, a charger or group of chargers and the area in the immediate vicinity
1031	1031	1018of such charger or group of chargers, which may include, at the discretion of the regulating
1032	1032	1019entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress
1033	1033	1020and egress; provided, however, that a charging station may comprise only part of the property on
1034	1034	1021which it is located.
1035	1035	1022 “Charging station operator”, an entity that owns or provides the chargers and the
1036	1036	1023supporting equipment and facilities at charging stations and is responsible for the operation and 49 of 132
1037	1037	1024maintenance of the chargers and the supporting equipment and facilities; provided, however, that
1038	1038	1025such operator may delegate responsibility for certain aspects of the charging station operation
1039	1039	1026and maintenance to subcontractors.
1040	1040	1027 “Connector”, a device that attaches an electric vehicle to a charging port to transfer
1041	1041	1028electricity; provided, however, that the term “connector” may also be referred to as a plug.
1042	1042	1029 “Direct current fast charger”, a charger that enables rapid charging by delivering direct-
1043	1043	1030current, or DC current, electricity directly to an electric vehicle’s battery.
1044	1044	1031 “Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a
1045	1045	1032plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that
1046	1046	1033can be recharged from an external source of electricity and has the capability to run on another
1047	1047	1034fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or
1048	1048	1035other micromobility device.
1049	1049	1036 “Electric vehicle charging services”, the transfer of electric energy from an electric
1050	1050	1037vehicle charging station to a battery or other storage device in an electric vehicle and related
1051	1051	1038billing services, networking and operation and maintenance.
1052	1052	1039 “Electric vehicle supply equipment”, a device, including at least 1 charging port and
1053	1053	1040connector, for charging electric vehicles; provided, however, that “electric vehicle supply
1054	1054	1041equipment” shall also mean a charger.
1055	1055	1042 “Level 1”, a galvanically-connected electric vehicle supply equipment with a single-
1056	1056	1043phase input voltage nominally 120 volts AC, or alternating current, and maximum output current
1057	1057	1044of not more than 16 amperes AC. 50 of 132
1058	1058	1045 “Level 2”, a galvanically-connected electric vehicle supply equipment with a single-
1059	1059	1046phase input voltage range from 208 volts to 240 volts AC, or alternating current, and maximum
1060	1060	1047output current of not more than 80 amperes AC.
1061	1061	1048 “Public electric vehicle charging station”, an electric vehicle charging station located at a
1062	1062	1049publicly-available parking space.
1063	1063	1050 ''Publicly-available parking space'', a parking space that has been designated by a
1064	1064	1051property owner or lessee to be available to and accessible by the public and may include on-
1065	1065	1052street parking spaces and parking spaces in surface lots or parking garages; provided, however,
1066	1066	1053that “publicly-available parking space” shall not include a parking space that is part of or
1067	1067	1054associated with residential real property containing not more than 4 dwelling units or that is
1068	1068	1055reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or
1069	1069	1056vehicles, including employees, tenants, visitors, residents of a common interest development and
1070	1070	1057residents of an adjacent building.
1071	1071	1058 “Publicly-funded and available charging station", a public electric vehicle charging
1072	1072	1059station installed on or after January 1, 2025, that has received, or expects to receive, a grant, loan
1073	1073	1060or other incentive from a federal or state government source or through a charge on ratepayers
1074	1074	1061and is located at a publicly available parking space.
1075	1075	1062 (b) The division of standards shall promulgate regulations to: (i) inventory the number
1076	1076	1063and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of
1077	1077	1064electricity purchased at public electric vehicle charging stations; provided, however, that, with
1078	1078	1065respect to such public charging stations, such regulations shall include setting minimum
1079	1079	1066requirements for the communication and display of pricing information; provided further, that 51 of 132
1080	1080	1067the division of standards shall not prevent a charging station from operating due to an omission
1081	1081	1068or inability by the division to test, inspect, seal or inventory the charging station or otherwise
1082	1082	1069administer and enforce such regulations or, in the case of a public electric vehicle charging
1083	1083	1070station, due to an omission or inability to ensure the accuracy of pricing and volumes of
1084	1084	1071electricity purchased at, and information communicated by, such charging station.
1085	1085	1072 (c) Any regulations promulgated pursuant to this section may vary by technology type,
1086	1086	1073power levels, number of chargers per site, site ownership and according to whether charging
1087	1087	1074stations and chargers: (i) are networked; (ii) are level 1, level 2 or direct current fast chargers;
1088	1088	1075and (iii) are or are not all-inclusive mobile solar charging stations. Such regulations shall not
1089	1089	1076apply to chargers or charging stations installed at a residential real property containing not more
1090	1090	1077than 4 dwelling units. The division may set standards for data formats that comply with electric
1091	1091	1078vehicle charging industry best practices and standards, as determined by the division.
1092	1092	1079 (d) Annually, not later than May 1, the division shall submit a report and accompanying
1093	1093	1080data with respect to the inventory required under subsections (b) and (c) and other findings made
1094	1094	1081and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways
1095	1095	1082and means, the joint committee on telecommunications, utilities and energy, the secretary of
1096	1096	1083energy and environmental affairs and the secretary of administration and finance.
1097	1097	1084 (e) In promulgating regulations under this section, the division may apply different
1098	1098	1085requirements to publicly-funded and available electric vehicle chargers and other charging
1099	1099	1086stations
1100	1100	1087 SECTION 60. Section 13 of chapter 142 of the General Laws, as appearing in the 2022
1101	1101	1088Official Edition, is hereby amended by inserting after the word “thereof”, in line 9, the following 52 of 132
1102	1102	1089words:- ; and provided further, that, notwithstanding any general or special law to the contrary,
1103	1103	1090grounds for such variances by examiners may include the advancement of reductions in
1104	1104	1091greenhouse gas emissions needed to advance the health of building occupants and reductions in
1105	1105	1092greenhouse gas emissions needed to meet the statewide greenhouse gas emissions limits and
1106	1106	1093sublimits established in chapter 21N.
1107	1107	1094 SECTION 61. Said section 13 of said chapter 142, as so appearing, is hereby further
1108	1108	1095amended by inserting after the word “thereof”, in line 24, the following words:- ; provided,
1109	1109	1096however, that notwithstanding any general or special law or rule or regulation to the contrary,
1110	1110	1097grounds for making, altering, amending and repealing such rules and regulations may include the
1111	1111	1098advancement of the health of building occupants and reductions in greenhouse gas emissions
1112	1112	1099needed to meet the statewide greenhouse gas emissions limits and sublimits established pursuant
1113	1113	1100to chapter 21N.
1114	1114	1101 SECTION 62. Section 95 of chapter 143 of the General Laws, as so appearing, is hereby
1115	1115	1102amended by inserting after the word “conservation”, in line 6, the following words:- , energy
1116	1116	1103efficiency, reductions in greenhouse gas emissions, reductions in embodied carbon.
1117	1117	1104 SECTION 63. Said section 95 of said chapter 143, as so appearing, is hereby further
1118	1118	1105amended by inserting after the word “buildings”, in line 21, the following words:- ; provided
1119	1119	1106however, that, notwithstanding any general or special law or regulation to the contrary, the
1120	1120	1107board may vary such standards, regulations and requirements and prefer the treatment of certain
1121	1121	1108types of classes of materials, products and methods of construction, in order to advance
1122	1122	1109reductions in greenhouse gas emissions needed to meet the statewide greenhouse gas emissions
1123	1123	1110limits and sublimits established pursuant to chapter 21N; and provided further, that any such 53 of 132
1124	1124	1111variation in standards, regulations and requirements and any such preferential treatment shall not
1125	1125	1112affect the health, safety and security of the occupants or users of buildings.
1126	1126	1113 SECTION 64. Said chapter 143 is hereby further amended by adding the following
1127	1127	1114section:-
1128	1128	1115 Section 101. Notwithstanding the of the state building code, specialized code or any
1129	1129	1116other general or special law to the contrary, refrigerants identified as an alternative for use in
1130	1130	1117accordance with, 42 U.S.C. 7671k shall be acceptable for use in the commonwealth.
1131	1131	1118 SECTION 65. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby
1132	1132	1119amended by striking out, in lines 213 and 214, the words “gas company shall not mean an
1133	1133	1120alternative energy producer” and inserting in place thereof the following words:- a gas company
1134	1134	1121may make, sell or distribute geothermal energy, including networked geothermal and deep
1135	1135	1122geothermal energy.
1136	1136	1123 SECTION 66. Section 1B of said chapter 164, as so appearing, is hereby amended by
1137	1137	1124striking out, in line 83, the words “periods of up to six months” and inserting in place thereof the
1138	1138	1125following words:- the period of time resulting from the competitive bidding process.
1139	1139	1126 SECTION 67. Section 1F of said chapter 164, as so appearing, is hereby amended by
1140	1140	1127striking out paragraph (4) and inserting in place thereof the following paragraph:-
1141	1141	1128 (4)(i) The department shall require that distribution companies provide discounted rates
1142	1142	1129for low-income customers and eligible moderate-income customers comparable to the low-
1143	1143	1130income discount rate in effect prior to March 1, 1998. Such discounts shall be in addition to any
1144	1144	1131reduction in rates that becomes effective pursuant to subsection (b) of section 1B on March 1, 54 of 132
1145	1145	11321998 and to any subsequent rate reductions provided by a distribution company pursuant to said
1146	1146	1133subsection. The cost of such discounts shall be included in the rates charged to all other
1147	1147	1134customers of a distribution company upon approval by the department. Each distribution
1148	1148	1135company shall guarantee payment to the generation supplier for all power sold to low-income
1149	1149	1136and eligible moderate-income customers at the discounted rates. Eligibility for the discount rates
1150	1150	1137provided for in this section shall be established upon verification of a low-income customer’s
1151	1151	1138receipt of any means-tested public benefit or verification of eligibility for the low-income home
1152	1152	1139energy assistance program, or its successor program, for which eligibility does not exceed 200
1153	1153	1140per cent of the federal poverty level based on a household’s gross income and by criteria
1154	1154	1141determined by the department for verification of an eligible moderate-income customer. Such
1155	1155	1142public benefits may include, but shall not be limited to including, assistance which provides
1156	1156	1143cash, housing, food or medical care including, but not limited to, transitional assistance for needy
1157	1157	1144families, supplemental security income, emergency assistance to elders, disabled and children,
1158	1158	1145food stamps, public housing, federally-subsidized or state-subsidized housing, the low-income
1159	1159	1146home energy assistance program, veterans’ benefits and similar benefits. The department of
1160	1160	1147energy resources shall make available to distribution companies the eligibility guidelines for said
1161	1161	1148public benefit programs. Each distribution company shall conduct substantial outreach efforts to
1162	1162	1149make the low-income or moderate-income discount available to eligible customers and shall
1163	1163	1150report to the department of energy resources, at least annually, as to its outreach activities and
1164	1164	1151results. Outreach may include establishing an automated program of matching customer accounts
1165	1165	1152with: (A) lists of recipients of said means-tested public benefit programs and, based on the
1166	1166	1153results of said matching program, to presumptively offer a low-income discount rate to eligible
1167	1167	1154customers so identified; and (B) criteria established by the department for verification of a 55 of 132
1168	1168	1155moderate-income customer to presumptively offer a moderate-income discount rate to eligible
1169	1169	1156customers so identified; provided, however, that the distribution company, within 60 days of said
1170	1170	1157presumptive enrollment, informs any such low-income customer or eligible moderate-income
1171	1171	1158customer of said presumptive enrollment and all rights and obligations of a customer under said
1172	1172	1159program, including the right to withdraw from said program without penalty.
1173	1173	1160 In a program year in which maximum eligibility for the low-income home energy
1174	1174	1161assistance program, or its successor program, exceeds 200 per cent of the federal poverty level, a
1175	1175	1162household that is income eligible for the low-income home energy assistance program shall be
1176	1176	1163eligible for the low-income discount rates required by this subparagraph.
1177	1177	1164 (ii) A residential customer eligible for low-income or moderate-income discount rates
1178	1178	1165shall receive the service on demand. Each distribution company shall periodically notify all
1179	1179	1166customers of the availability and method of obtaining low-income or moderate-income discount
1180	1180	1167rates. An existing residential customer eligible for a low-income or moderate-income discount on
1181	1181	1168the date of the start of retail access who orders service for the first time from a distribution
1182	1182	1169company shall be offered basic service by that distribution company.
1183	1183	1170 The department shall promulgate rules and regulations requiring utility companies
1184	1184	1171organized pursuant to this chapter to produce information, in the form of a mailing, webpage or
1185	1185	1172other approved method of distribution, to their consumers, to inform them of available rebates,
1186	1186	1173discounts, credits and other cost-saving mechanisms that can help them lower their monthly
1187	1187	1174utility bills and send out such information semi-annually, unless otherwise provided by this
1188	1188	1175chapter. 56 of 132
1189	1189	1176 (iii) There shall be no charge to any residential customer for initiating or terminating low-
1190	1190	1177income or moderate-income discount rates, default service or standard offer service when said
1191	1191	1178initiation or termination request is made after a regular meter reading has occurred and the
1192	1192	1179customer is in receipt of the results of said reading. A distribution company may impose a
1193	1193	1180reasonable charge, as set by the department through regulation, for initiating or terminating low-
1194	1194	1181income or moderate-income discount rates, default service or standard offer service when a
1195	1195	1182customer does not make such an initiation or termination request upon the receipt of said results
1196	1196	1183and prior to the receipt of the next regularly scheduled meter reading. For purposes of this
1197	1197	1184subsection, there shall be a regular meter reading conducted of every residential account not less
1198	1198	1185often than once every 2 months. Notwithstanding the foregoing, there shall be no charge when
1199	1199	1186the initiation or termination is involuntary on the part of the customer.
1200	1200	1187 SECTION 68. Said chapter 164 is hereby further amended by inserting after section 1K
1201	1201	1188the following section:-
1202	1202	1189 Section 1L. On or after January 1, 2026, no supplier, energy marketer or energy broker
1203	1203	1190shall execute a new contract or renew an existing contract for generation services with any
1204	1204	1191individual residential retail customer. This section shall not apply to, or otherwise affect, any
1205	1205	1192government body that aggregates the load of residential retail customers as part of a municipal
1206	1206	1193load aggregation program pursuant to section 134. A violation of this section shall be deemed an
1207	1207	1194unfair and deceptive act pursuant to chapter 93A. The attorney general may bring an action under
1208	1208	1195section 4 of said chapter 93A to enforce this section and to obtain restitution, civil penalties,
1209	1209	1196injunctive relief or any other relief available under said chapter 93A. 57 of 132
1210	1210	1197 SECTION 69. Section 30 of said chapter 164, as appearing in the 2022 Official Edition,
1211	1211	1198is hereby amended by adding the following paragraph:-
1212	1212	1199 Notwithstanding any general or special law to the contrary, in deciding whether to
1213	1213	1200exercise its authority pursuant to this section, the department shall consider whether a request to
1214	1214	1201authorize gas distribution service is reasonable and in the public interest; provided, however, that
1215	1215	1202in determining reasonableness and the public interest, the department shall consider factors
1216	1216	1203including, but not limited to: (i) the commonwealth’s interest in complying with the greenhouse
1217	1217	1204gas emissions limits and sublimits established pursuant to chapter 21N, including the statewide
1218	1218	1205emissions limit set for 2050; (ii) the commonwealth’s interest in avoiding the stranding of assets
1219	1219	1206and the likelihood of its costs being borne by ratepayers; and (iii) whether an alternative to gas
1220	1220	1207service is available and likely to provide substantially similar service, which shall include
1221	1221	1208consideration of cost.
1222	1222	1209 SECTION 70. Section 69G of said chapter 164, as so appearing, is hereby amended by
1223	1223	1210striking out, in line 1, the words “sixty-nine H to sixty-nine R” and inserting in place thereof the
1224	1224	1211following words:- 69H to 69W.
1225	1225	1212 SECTION 71. Said section 69G of said chapter 164, as so appearing, is hereby further
1226	1226	1213amended by striking out the definition of “Applicant” and inserting in place thereof the following
1227	1227	12145 definitions:-
1228	1228	1215 “Advanced conductors”, any hardware technology that can conduct electricity across
1229	1229	1216transmission and distribution lines and demonstrate enhanced performance over traditional
1230	1230	1217conductor products. 58 of 132
1231	1231	1218 “Advanced power flow control”, any hardware and software technologies used to push or
1232	1232	1219pull electric power in a manner that balances overloaded lines and underutilized corridors within
1233	1233	1220the distribution or transmission system.
1234	1234	1221 “Advanced reconductoring”, the application of advanced conductors to increase the
1235	1235	1222capacity and efficiency of the existing electric grid.
1236	1236	1223 “Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas
1237	1237	1224produced by the accelerated biodegradation of organic materials under controlled anaerobic
1238	1238	1225conditions; and (ii) has been determined by the department of energy resources, in coordination
1239	1239	1226with the department of environmental protection, to qualify under the department of energy
1240	1240	1227resources regulations as a Class I renewable energy generating source under section 11F of
1241	1241	1228chapter 25A.
1242	1242	1229 “Applicant”, a person or group of persons who submits to the department or board a long-
1243	1243	1230range plan, a petition to construct a facility, a petition for a consolidated permit for a large clean
1244	1244	1231energy infrastructure facility or small clean energy infrastructure facility, a petition for a
1245	1245	1232certificate of environmental impact and public need, a notice of intent to construct an oil facility
1246	1246	1233or any application, petition or matter referred by the chair of the department to the board
1247	1247	1234pursuant to section 69H.
1248	1248	1235 SECTION 72. Said section 69G of said chapter 164, as so appearing, is hereby further
1249	1249	1236amended by inserting after the definition of “Certificate” the following definition:-
1250	1250	1237 “Consolidated permit”, a permit issued by the board to a large clean energy infrastructure
1251	1251	1238facility or a small clean energy infrastructure facility that includes all municipal, regional and
1252	1252	1239state permits that the large or small clean energy infrastructure facility would otherwise need to 59 of 132
1253	1253	1240obtain individually, with the exception of certain federal permits that are delegated to specific
1254	1254	1241state agencies as determined by the board.
1255	1255	1242 SECTION 73. Said section 69G of said chapter 164, as so appearing, is hereby further
1256	1256	1243amended by striking out the definition of “Department” and inserting in place thereof the
1257	1257	1244following 3 definitions:-
1258	1258	1245 “Cumulative impact analysis”, a written report produced by the applicant assessing any
1259	1259	1246existing inequitable environmental burden and related public health consequences impacting a
1260	1260	1247specific geographical area in which a facility, large clean energy infrastructure facility or small
1261	1261	1248clean energy infrastructure facility is proposed from any prior or current private, industrial,
1262	1262	1249commercial, state or municipal operation or project that has damaged the environment; provided,
1263	1263	1250however, that the analysis shall be limited to the types of exposures and risks that are attributable
1264	1264	1251to the type of proposed project; provided further, that if the analysis indicates that such a
1265	1265	1252geographical area is subject to an existing inequitable environmental burden or related health
1266	1266	1253consequence, the analysis shall identify any: (i) environmental and public health impact from the
1267	1267	1254proposed project that would likely result in a disproportionate adverse effect on such
1268	1268	1255geographical area; (ii) potential impact or consequence from the proposed project that would
1269	1269	1256increase or reduce the effects of climate change on such geographical area; and (iii) proposed
1270	1270	1257potential remedial actions to address any disproportionate adverse impacts to the environment,
1271	1271	1258public health and climate resilience of such geographical area; and provided further, that the
1272	1272	1259analysis shall be developed in accordance with guidance established by the office of
1273	1273	1260environmental justice and equity established pursuant to section 29 of chapter 21A and
1274	1274	1261regulations promulgated by the board. 60 of 132
1275	1275	1262 “Department”, the department of public utilities.
1276	1276	1263 “Director”, the director of the facilities siting division appointed pursuant to section 12N
1277	1277	1264of chapter 25, who shall serve as the director of the board; provided, however, that the director
1278	1278	1265may issue decisions on de novo adjudications of local permit applications pursuant to section
1279	1279	126669W.
1280	1280	1267 “Dynamic line rating”, any hardware or software technology used to appropriately update
1281	1281	1268the calculated thermal limits of existing distribution or transmission lines based on real-time and
1282	1282	1269forecasted weather conditions.
1283	1283	1270 SECTION 74. Said section 69G of said chapter 164, as so appearing, is hereby further
1284	1284	1271amended by inserting after the word “capacity”, in line 46, the following words:- ; provided,
1285	1285	1272however, that “facility” shall not include a large clean energy infrastructure facility or small
1286	1286	1273clean energy infrastructure facility.
1287	1287	1274 SECTION 75. Said section 69G of said chapter 164, as so appearing, is hereby further
1288	1288	1275amended by striking out, in line 48, the words “and liquified natural gas” and inserting in place
1289	1289	1276thereof the following words:- liquified natural gas, renewable natural gas and hydrogen.
1290	1290	1277 SECTION 76. Said section 69G of said chapter 164, as so appearing, is hereby further
1291	1291	1278amended by striking out, in line 61, the figure “100” and inserting in place thereof the following
1292	1292	1279figure:- 25.
1293	1293	1280 SECTION 77. Said section 69G of said chapter 164, as so appearing, is hereby further
1294	1294	1281amended by inserting after the definition of “Generating facility” the following 5 definitions:- 61 of 132
1295	1295	1282 “Grid enhancing technology”, any hardware or software technology that enables
1296	1296	1283enhanced or more efficient performance from the electric distribution or transmission system
1297	1297	1284including, but not limited to, dynamic line rating, advanced power flow control technology,
1298	1298	1285topology optimization and energy storage when used as a distribution or transmission resource.
1299	1299	1286 “Large clean energy generation facility”, energy generation infrastructure with a
1300	1300	1287nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar
1301	1301	1288facility or wind facility, including any ancillary structure that is an integral part of the operation
1302	1302	1289of the large clean energy generation facility, or, following a rulemaking by the board in
1303	1303	1290consultation with the department of energy resources that includes the facility within the
1304	1304	1291regulatory definition of a large clean energy generation facility, any other type of generation
1305	1305	1292facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for
1306	1306	1293solar facilities shall be calculated in direct current.
1307	1307	1294 “Large clean energy infrastructure facility”, a large clean energy generation facility, large
1308	1308	1295clean energy storage facility or large clean transmission and distribution infrastructure facility.
1309	1309	1296 “Large clean energy storage facility”, an energy storage system as defined under section
1310	1310	12971 with a rated capacity of not less than 100 megawatt hours, including any ancillary structure that
1311	1311	1298is an integral part of the operation of the large clean energy storage facility.
1312	1312	1299 “Large clean transmission and distribution infrastructure facility”, electric transmission
1313	1313	1300and distribution infrastructure and related ancillary infrastructure that is: (i) a new electric
1314	1314	1301transmission line having a design rating of not less than 69 kilovolts and that is not less than 1
1315	1315	1302mile in length on a new transmission corridor, including any ancillary structure that is an integral
1316	1316	1303part of the operation of the transmission line; (ii) a new electric transmission line having a design 62 of 132
1317	1317	1304rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing
1318	1318	1305transmission corridor except reconductored or rebuilt transmission lines at the same voltage,
1319	1319	1306including any ancillary structure that is an integral part of the operation of the transmission line;
1320	1320	1307(iii) any other new electric transmission infrastructure requiring zoning exemptions, including
1321	1321	1308standalone transmission substations and upgrades and any ancillary structure that is an integral
1322	1322	1309part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore
1323	1323	1310wind to the grid; provided, however, that the large clean transmission and distribution facility is:
1324	1324	1311(A) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection
1325	1325	1312of clean energy infrastructure to the electric grid; (B) approved by the regional transmission
1326	1326	1313operator in relation to interconnecting clean energy infrastructure; (C) proposed to ensure electric
1327	1327	1314grid reliability and stability; or (D) will help facilitate the electrification of the building and
1328	1328	1315transportation sectors; provided further, that a “large clean transmission and distribution
1329	1329	1316infrastructure facility” shall not include new transmission and distribution infrastructure that
1330	1330	1317solely interconnects new and existing energy generation powered by fossil fuels on or after
1331	1331	1318January 1, 2026.
1332	1332	1319 SECTION 78. Said section 69G of said chapter 164, as so appearing, is hereby further
1333	1333	1320amended by inserting after the definition of “Significant portion of his income”, the following 6
1334	1334	1321definitions:-
1335	1335	1322 “Small clean energy generation facility”, a small clean energy generation facility as
1336	1336	1323defined in section 22 of chapter 25A.
1337	1337	1324 “Small clean energy infrastructure facility”, a small clean energy infrastructure facility as
1338	1338	1325defined in section 22 of chapter 25A. 63 of 132
1339	1339	1326 “Small clean energy storage facility”, a small clean energy storage facility as defined in
1340	1340	1327section 22 of chapter 25A.
1341	1341	1328 “Small clean transmission and distribution infrastructure facility”, a small clean
1342	1342	1329transmission and distribution infrastructure facility as defined in section 22 of chapter 25A.
1343	1343	1330 “Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
1344	1344	1331 “Topology optimization”, any hardware or software technology that identifies
1345	1345	1332reconfigurations of the distribution or transmission grid and can enable the routing of power
1346	1346	1333flows around congested or overloaded distribution or transmission elements.
1347	1347	1334 SECTION 79. Said section 69G of said chapter 164, as so appearing, is hereby further
1348	1348	1335amended by adding the following definition:-
1349	1349	1336 “Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
1350	1350	1337 SECTION 80. Section 69H of said chapter 164 is hereby amended by striking out the first
1351	1351	13383 paragraphs, as amended by section 292 of chapter 7 of the acts of 2023, and inserting in place
1352	1352	1339thereof the following 4 paragraphs:-
1353	1353	1340 There shall be an energy facilities siting board within the department, but not under the
1354	1354	1341supervision or control of the department. The board shall implement the provisions contained in
1355	1355	1342sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provide a reliable,
1356	1356	1343resilient and clean supply of energy consistent with the commonwealth’s climate change and
1357	1357	1344greenhouse gas reduction policies and requirements; (ii) ensure that large clean energy
1358	1358	1345infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities
1359	1359	1346avoid or minimize or, if impacts cannot be avoided or minimized, mitigate environmental 64 of 132
1360	1360	1347impacts and negative health impacts to the extent practicable; (iii) ensure that large clean energy
1361	1361	1348infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are,
1362	1362	1349to the extent practicable, in compliance with energy, environmental, land use, labor, economic
1363	1363	1350justice, environmental justice and equity and public health and safety policies of the
1364	1364	1351commonwealth, its subdivisions and its municipalities; and (iv) ensure large clean energy
1365	1365	1352infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are
1366	1366	1353constructed in a manner that avoids or minimizes costs. The board shall review: (A) the need for,
1367	1367	1354cost of and environmental and public health impacts of transmission lines, natural gas pipelines,
1368	1368	1355facilities for the manufacture and storage of gas, oil facilities, large clean transmission and
1369	1369	1356distribution infrastructure facilities and small clean transmission and distribution infrastructure
1370	1370	1357facilities; and (B) the environmental and public health impacts of generating facilities, large
1371	1371	1358clean energy generation facilities, small clean energy generation facilities, large clean energy
1372	1372	1359storage facilities and small clean energy storage facilities.
1373	1373	1360 A determination made by the board shall describe the environmental and public health
1374	1374	1361impacts, if any, of the large clean energy infrastructure facility, small clean energy infrastructure
1375	1375	1362facility, facility or oil facility and shall include findings including, but not be limited to, findings
1376	1376	1363that: (i) efforts have been made to avoid or minimize or, if impacts cannot be avoided or
1377	1377	1364minimized, mitigate environmental impacts; (ii) due consideration has been given to the findings
1378	1378	1365and recommendations of local governments; (iii) in the case of large clean transmission and
1379	1379	1366distribution infrastructure facilities, small clean transmission and distribution infrastructure
1380	1380	1367facilities and natural gas pipelines, due consideration has been given to advanced conductors,
1381	1381	1368advanced transmission technologies, grid enhancement technologies, non-wires or non-pipeline
1382	1382	1369alternatives, the repair or retirement of pipelines and other alternatives in an effort to avoid or 65 of 132
1383	1383	1370minimize expenditures; (iv) in the case of large clean transmission and distribution infrastructure
1384	1384	1371facilities and small clean transmission and distribution infrastructure facilities, the infrastructure
1385	1385	1372or project will increase the capacity of the system to interconnect large electricity customers,
1386	1386	1373electric vehicle supply equipment, clean energy generation, clean energy storage or other clean
1387	1387	1374energy generation sources that qualify under any clean energy standard regulation established by
1388	1388	1375the department of environmental protection pursuant to subsection (c) of section 3 of chapter
1389	1389	137621N or will facilitate the electrification of the building and transportation sectors; and (v) due
1390	1390	1377consideration has been given to any cumulative burdens on host communities and efforts to be
1391	1391	1378taken to avoid or minimize or, if impacts cannot be avoided or minimized, efforts to mitigate
1392	1392	1379such burdens. In considering and issuing a decision, the board shall also consider reasonably
1393	1393	1380foreseeable climate change impacts, including additional greenhouse gas or other pollutant
1394	1394	1381emissions known to have negative health impacts, predicted sea level rise, flooding and any other
1395	1395	1382disproportionate adverse effects on a specific geographical area. Such reviews shall be conducted
1396	1396	1383consistent with section 69J1/4 for generating facilities, section 69T for large clean energy
1397	1397	1384infrastructure facilities, sections 69U to 69W, inclusive, for small clean energy infrastructure
1398	1398	1385facilities and section 69J for all other types of facilities.
1399	1399	1386 The board shall be composed of: the secretary of energy and environmental affairs or a
1400	1400	1387designee, who shall serve as chair; the secretary of economic development or a designee; the
1401	1401	1388commissioner of environmental protection or a designee; the commissioner of energy resources
1402	1402	1389or a designee; the commissioner of public utilities or a designee; the commissioner of fish and
1403	1403	1390game or a designee; and 3 public members to be appointed by the governor for a term
1404	1404	1391coterminous with that of the governor, 1 of whom shall be a representative of Massachusetts
1405	1405	1392Municipal Association, Inc. with expertise in municipal permitting matters, 1 of whom shall be 66 of 132
1406	1406	1393experienced in advocating for low and moderate income communities or indigenous sovereignty
1407	1407	1394and 1 of whom shall be experienced in labor issues; provided, however, that public members
1408	1408	1395shall not have received within the 2 years immediately preceding appointment a significant
1409	1409	1396portion of their income directly or indirectly from the developer of an energy facility or an
1410	1410	1397electric, gas or oil company. The public members shall serve on a part-time basis, receive $100
1411	1411	1398per diem of board service and be reimbursed by the commonwealth for all reasonable expenses
1412	1412	1399actually and necessarily incurred in the performance of official board duties. Upon the
1413	1413	1400resignation of any public member, a successor shall be appointed in a like manner for the
1414	1414	1401unexpired portion of the term. Appointees may serve for not more than 2 consecutive full terms.
1415	1415	1402 Upon the absence, recusal or disqualification of the chair, the commissioner of energy
1416	1416	1403resources shall appoint an acting chair from the remaining members of the board. The board shall
1417	1417	1404meet at such time and place as the chair may designate or upon the request of 3 members. The
1418	1418	1405board shall render a final decision on an application by a majority vote of the members in
1419	1419	1406attendance at a meeting and 5 members shall constitute a quorum.
1420	1420	1407 SECTION 81. The fifth paragraph of said section 69H of said chapter 164, as appearing
1421	1421	1408in the 2022 Official Edition, is hereby amended by striking out clause (1) and inserting in place
1422	1422	1409thereof the following clause:-
1423	1423	1410 (1) to adopt and publish rules and regulations consistent with this section and sections 69I
1424	1424	1411to 69S, inclusive, and from time to time to amend the same including, but not limited to, rules
1425	1425	1412and regulations for the conduct of the board's public hearings under sections 69H1/2, 69J,
1426	1426	141369J1/4, 69M and 69T to 69W, inclusive. 67 of 132
1427	1427	1414 SECTION 82. Said section 69H of said chapter 164, as so appearing, is hereby further
1428	1428	1415amended by adding the following 2 paragraphs:-
1429	1429	1416 The board shall promulgate regulations for cumulative impact analysis as part of its
1430	1430	1417review of facilities, large clean energy infrastructure facilities and small clean energy
1431	1431	1418infrastructure facilities in consultation with the office of environmental justice and equity and
1432	1432	1419Massachusetts environmental policy act office, which shall be informed by the cumulative
1433	1433	1420impact analysis guidance under section 29 of chapter 21A.
1434	1434	1421 The board and any proponent or owner of a large clean energy infrastructure facility or
1435	1435	1422small clean energy infrastructure facility shall not be subject to any provisions of sections 61 to
1436	1436	142362L, inclusive, of chapter 30 in relation to an application or petition for a comprehensive permit
1437	1437	1424or de novo adjudication filed under sections 69T to 69W, inclusive. This section shall apply to
1438	1438	1425any state agency issuing, in relation to an application or petition under said sections 69T to 69V,
1439	1439	1426inclusive, a federal permit that is delegated to that agency and determined by the board to be
1440	1440	1427excluded from the definition of consolidated permit in section 69G.
1441	1441	1428 SECTION 83. The third paragraph of section 69I of said chapter 164, as so appearing, is
1442	1442	1429hereby amended by striking out the last sentence and inserting in place thereof the following
1443	1443	1430sentence:- The board or any other person, in taking any action pursuant to this section, sections
1444	1444	143169J to 69J1/4, inclusive, or sections 69T to 69W, inclusive, shall not be subject to sections 61 to
1445	1445	143262H, inclusive, of chapter 30.
1446	1446	1433 SECTION 84. Section 69J of said chapter 164, as so appearing, is hereby amended by
1447	1447	1434inserting after the word “facility”, in lines 1 and 2, the following words:- that is not a large clean
1448	1448	1435energy infrastructure facility or small clean energy infrastructure facility. 68 of 132
1449	1449	1436 SECTION 85. Said section 69J of said chapter 164, as so appearing, is hereby further
1450	1450	1437amended by striking out the second to fourth paragraphs, inclusive, and inserting in place thereof
1451	1451	1438the following paragraph:-
1452	1452	1439 A petition to construct a facility shall include, in such form and detail as the board shall
1453	1453	1440from time to time prescribe: (i) a description of the facility, site and surrounding areas; (ii) an
1454	1454	1441analysis of the need for the facility, either within or outside or both within and outside the
1455	1455	1442commonwealth, including a description of the energy benefits of the facility; (iii) a description of
1456	1456	1443the alternatives to the facility, such as other methods of transmitting or storing energy, other site
1457	1457	1444locations, other sources of electrical power or gas or a reduction of requirements through load
1458	1458	1445management; (iv) a description of the environmental impacts of the facility, including both
1459	1459	1446environmental benefits and burdens, that includes a description of efforts to avoid, minimize and
1460	1460	1447mitigate burdens and efforts to enhance benefits, such as shared use, recreational paths or access
1461	1461	1448to nature; (v) evidence that all prefiling consultation and community engagement requirements
1462	1462	1449established by the board have been satisfied and, if not, the applicant shall demonstrate good
1463	1463	1450cause for a waiver of the requirements that could not be satisfied by the applicant; and (vi) a
1464	1464	1451cumulative impact analysis. The board may issue and revise filing guidelines after public notice
1465	1465	1452and a period for comment. Said filing guidelines shall require the applicant to provide a
1466	1466	1453minimum of data for review concerning climate change impact, land use impact, water resource
1467	1467	1454impact, air quality impact, fire and other public safety risks, solid waste impact, radiation impact,
1468	1468	1455noise impact and other public health impacts as determined by the board.
1469	1469	1456 SECTION 86. Said section 69J of said chapter 164, as so appearing, is hereby further
1470	1470	1457amended by striking out the last paragraph and inserting in place thereof the following
1471	1471	1458paragraph:- 69 of 132
1472	1472	1459 This section shall not apply to petitions submitted under sections 69U to 69W, inclusive,
1473	1473	1460or petitions to construct a generating facility or a large clean energy infrastructure facility, which
1474	1474	1461shall be subject to sections 69J1/4 and 69T, respectively.
1475	1475	1462 SECTION 87. Section 69J1/4 of said chapter 164, as so appearing, is hereby amended by
1476	1476	1463inserting after the word “facility”, in line 2, the following words:- that is not a large clean energy
1477	1477	1464infrastructure facility or small clean energy infrastructure facility.
1478	1478	1465 SECTION 88. Said section 69J1/4 of said chapter 164, as so appearing, is hereby further
1479	1479	1466amended by striking out the third paragraph and inserting in place thereof the following
1480	1480	1467paragraph:-
1481	1481	1468 A petition to construct a generating facility shall include, in such form and detail as the
1482	1482	1469board shall from time to time prescribe, the following information: (i) a description of the
1483	1483	1470proposed generating facility, including any ancillary structures and related facilities, including a
1484	1484	1471description of the energy benefits of the generating facility; (ii) a description of the
1485	1485	1472environmental and public health impacts of facility, including both environmental and public
1486	1486	1473health benefits and burdens that includes a description of efforts to avoid or minimize or, if
1487	1487	1474impacts cannot be avoided or minimized, mitigate the burdens and enhance the benefits and the
1488	1488	1475costs associated with the mitigation, control or reduction of the environmental and public health
1489	1489	1476impacts of the proposed generating facility; (iii) a description of the project development and site
1490	1490	1477selection process used in choosing the design and location of the proposed generating facility;
1491	1491	1478(iv) either: (a) evidence that the expected emissions from the facility meet the technology
1492	1492	1479performance standard in effect at the time of filing; or (b) a description of the environmental
1493	1493	1480impacts, costs and reliability of other fossil fuel generating technologies and an explanation of 70 of 132
1494	1494	1481why the proposed technology was chosen; (v) evidence that all prefiling consultation and
1495	1495	1482community engagement requirements established by the board have been satisfied and, if not, the
1496	1496	1483applicant shall demonstrate good cause for a waiver of the requirements that could not be
1497	1497	1484satisfied by the applicant; (vi) a cumulative impact analysis; and (vii) any other information
1498	1498	1485necessary to demonstrate that the generating facility meets the requirements for approval
1499	1499	1486specified in this section.
1500	1500	1487 SECTION 89. Said chapter 164 is hereby further amended by striking out section 69J1/2,
1501	1501	1488as so appearing, and inserting in place thereof the following section:-
1502	1502	1489 Section 69J1/2. Notwithstanding any general or special law to the contrary, the
1503	1503	1490department may charge a fee as specified by its regulations for each application to construct a
1504	1504	1491facility that generates electricity, a large clean energy generation facility, a small clean energy
1505	1505	1492generation facility, a large clean energy storage facility, a small clean energy storage facility, a
1506	1506	1493non-utility-owned large clean transmission and distribution infrastructure facility or a small clean
1507	1507	1494transmission and distribution infrastructure facility. If the application to construct any such
1508	1508	1495facility is accompanied by an application to construct an additional facility that does not generate
1509	1509	1496electricity, the department may charge a fee as specified by its regulations for the combined
1510	1510	1497application. If an application to construct a facility that generates electricity is accompanied by
1511	1511	1498applications to construct 2 additional facilities that do not generate electricity, the department
1512	1512	1499may charge a fee as specified by its regulations for the combined application. If an application to
1513	1513	1500construct a facility that does not generate electricity is filed separately, the department may
1514	1514	1501charge a fee as specified by its regulations for each such application; provided, however, that, the
1515	1515	1502department may charge a lower fee for applications to construct facilities that do not generate 71 of 132
1516	1516	1503electricity and that are below a size to be determined by the department. The fees shall be
1517	1517	1504payable upon issuance of the notice of adjudication and public hearing.
1518	1518	1505 The department may retain the fees for the purpose of reviewing applications to construct
1519	1519	1506or consolidated permit applications for large clean energy infrastructure facilities, small clean
1520	1520	1507energy infrastructure facilities or other facilities subject to this section and to create a clean
1521	1521	1508energy infrastructure dashboard pursuant to section 12N of chapter 25.
1522	1522	1509 Any remaining balance of fees at the end of a fiscal year shall not revert to the General
1523	1523	1510Fund and shall remain available to the department during the following fiscal year for the
1524	1524	1511purposes of this section or section 12S of chapter 25.
1525	1525	1512 The department shall issue an annual report summarizing the data and information
1526	1526	1513required by this section including, but not limited to: (i) the number of applications filed for
1527	1527	1514facilities, large clean energy infrastructure facilities and small clean energy infrastructure
1528	1528	1515facilities, decided and pending; (ii) the average duration of review; and (iii) average staffing
1529	1529	1516levels; provided, however, that the annual report shall make use of bar charts, line charts and
1530	1530	1517other visual representations in order to facilitate public understanding of events of the immediate
1531	1531	1518preceding year and of long-term and cumulative trends and outcomes. The board shall file a
1532	1532	1519report with the clerks of the senate and house of representatives, the senate and house
1533	1533	1520committees on ways and means and the joint committee on telecommunications, utilities and
1534	1534	1521energy not later than January 31.
1535	1535	1522 Nothing in this section shall be construed to change the statutory mandates of the
1536	1536	1523department or board or the type of facilities that may be constructed by applicants that are not
1537	1537	1524utilities. Nothing in this section shall be construed as changing the regulations or body of 72 of 132
1538	1538	1525precedent of the department or board., Nothing in this section shall be construed as changing the
1539	1539	1526rights of intervenors before the department or board.
1540	1540	1527 SECTION 90. Section 69O of said chapter 164, as so appearing, is hereby amended by
1541	1541	1528striking out, in lines 7 and 8, the words “sixty-one to sixty-two H, inclusive, of chapter thirty”
1542	1542	1529and inserting in place thereof the following words:- 61 to 62L, inclusive, of chapter 30.
1543	1543	1530 SECTION 91. Said chapter 164 is hereby further amended by striking out section 69P, as
1544	1544	1531so appearing, and inserting in place thereof the following section:-
1545	1545	1532 Section 69P. Any party in interest aggrieved by a final decision of the board or the
1546	1546	1533director shall have a right to judicial review in the manner provided by section 5 of chapter 25.
1547	1547	1534The scope of such judicial review shall be limited to whether the decision of the board or the
1548	1548	1535director is in conformity with the Constitution of the Commonwealth and the United states
1549	1549	1536Constitution, was made in accordance with the procedures established in section 69H to section
1550	1550	153769O, inclusive, and section 69T to section 69W, inclusive, and the rules and regulations of the
1551	1551	1538board with respect to such provisions, was supported by substantial evidence of record in the
1552	1552	1539board’s proceedings and was arbitrary, capricious or an abuse of the board’s discretion under
1553	1553	1540said section 69H to 69O, inclusive, and said section 69T to 69W, inclusive.
1554	1554	1541 SECTION 92. Said chapter 164 is hereby further amended by striking out section 69R, as
1555	1555	1542so appearing, and inserting in place thereof the following section:-
1556	1556	1543 Section 69R. An electric or gas company, generation company or wholesale generation
1557	1557	1544company may petition the board for the right to exercise the power of eminent domain with
1558	1558	1545respect to a facility, large clean transmission and distribution infrastructure facility or small clean
1559	1559	1546transmission and distribution infrastructure facility, specified and contained in a petition or 73 of 132
1560	1560	1547application submitted in accordance with sections 69J, 69T or 69U or a bulk power supply
1561	1561	1548substation if such company is unable to reach agreement with the owners of land for the
1562	1562	1549acquisition of any necessary estate or interest in land. The applicant shall forward, at the time of
1563	1563	1550filing such petition, a copy thereof to each city, town and property owner affected.
1564	1564	1551 The company shall file with such petition or have annexed thereto: (i) a statement of the
1565	1565	1552use for which such land is to be taken; (ii) a description of land to be taken sufficient for the
1566	1566	1553identification thereof; (iii) a statement of the estate or interest in the land to be taken for such
1567	1567	1554use; (iv) a plan showing the land to be taken; (v) a statement of the sum of money established by
1568	1568	1555such utility to be just compensation for the land to be taken; and (vi) such additional maps and
1569	1569	1556information as the board requires.
1570	1570	1557 The board, after such notice as it may direct, shall hold at least 1 public hearing in the
1571	1571	1558community in which the land to be taken is located. For facilities involving takings in several
1572	1572	1559communities, the hearing shall be held in communities in proximity to the land to be taken, as
1573	1573	1560determined by the board. The board may thereafter authorize the company to take by eminent
1574	1574	1561domain under chapter 79 such lands necessary for the construction of the facility as are required
1575	1575	1562in the public interest, convenience and necessity. The board shall transmit a certified copy of its
1576	1576	1563order to the company and to the town clerk of each affected community.
1577	1577	1564 If the board dismisses the petition at any stage in the proceedings, no further action shall
1578	1578	1565be taken thereon and the company may file a new petition not sooner than 1 year after the date of
1579	1579	1566such dismissal.
1580	1580	1567 Following a taking under this section, the electric or gas company may forthwith proceed
1581	1581	1568to utilize the land. If the electric or gas company shall not utilize the lands so taken for the 74 of 132
1582	1582	1569purposes authorized in the department’s order within such time as the board shall determine, its
1583	1583	1570rights under such taking shall cease and terminate.
1584	1584	1571 No land, rights of way or other easements therein in any public way, public park,
1585	1585	1572reservation or other land subject to article 97 of the amendments to the Constitution of the
1586	1586	1573Commonwealth shall be taken by eminent domain under this section, except in accordance with
1587	1587	1574said article.
1588	1588	1575 This section shall not be construed as abrogating the board’s jurisdiction described in
1589	1589	1576section 72 in respect to transmission lines or the board’s jurisdiction described in sections 75B to
1590	1590	157775G, inclusive, in respect to natural gas transmission lines.
1591	1591	1578 SECTION 93. The second paragraph of said section 69S of said chapter 164, as so
1592	1592	1579appearing, is hereby amended by striking out the first sentence and inserting in place thereof the
1593	1593	1580following sentence:- The board, after such notice as it may direct, shall hold at least 1 public
1594	1594	1581hearing in the city or town in which the greater portion of said land in question is located.
1595	1595	1582 SECTION 94. Said chapter 164 is hereby further amended by inserting after section 69S
1596	1596	1583the following 4 sections:-
1597	1597	1584 Section 69T. (a) The energy facilities siting board may issue consolidated permits for
1598	1598	1585large clean energy infrastructure facilities. No applicant shall commence construction of a large
1599	1599	1586clean energy infrastructure facility at a site unless an application for a consolidated permit for
1600	1600	1587such facility pursuant to this section has been approved by the board and no state agency shall
1601	1601	1588issue a construction permit for any such facility unless the petition to construct such facility has
1602	1602	1589been approved by the board. For purposes of this section, construction shall not include
1603	1603	1590contractual obligations to purchase facilities or equipment. 75 of 132
1604	1604	1591 (b) The board shall establish the following criteria governing the siting and permitting of
1605	1605	1592large clean energy infrastructure facilities: (i) a uniform set of baseline health, safety,
1606	1606	1593environmental and other standards that apply to the issuance of a consolidated permit; (ii) a
1607	1607	1594common standard application to be used when submitting an application to the board; (iii) pre-
1608	1608	1595filing requirements commensurate with the scope and scale of the proposed large clean energy
1609	1609	1596infrastructure facility, which shall include specific requirements for pre-filing consultations with
1610	1610	1597permitting agencies and the Massachusetts environmental policy act office, public meetings and
1611	1611	1598other forms of outreach that must occur in advance of an applicant submitting an application; (iv)
1612	1612	1599standards for applying site suitability criteria developed by the executive office of energy and
1613	1613	1600environmental affairs pursuant to section 30 of chapter 21A to evaluate the social and
1614	1614	1601environmental impacts of proposed large clean energy infrastructure project sites and which shall
1615	1615	1602include a mitigation hierarchy to be applied during the permitting process to avoid or minimize
1616	1616	1603or, if impacts cannot be avoided or minimized, mitigate impacts of siting on the environment,
1617	1617	1604people and goals and objectives of the commonwealth for climate mitigation, carbon storage and
1618	1618	1605sequestration, resilience, biodiversity and protection of natural and working lands to the extent
1619	1619	1606practicable; (v) standards for applying the cumulative impacts analysis standards and guidelines
1620	1620	1607developed by the office of environmental justice and equity pursuant to section 29 of chapter
1621	1621	160821A to evaluate and minimize the impacts of large clean energy infrastructure facilities in the
1622	1622	1609context of existing infrastructure and conditions; (vi) standard permit conditions and
1623	1623	1610requirements for a single permit consolidating all necessary local, regional and state approvals to
1624	1624	1611be issued to different types of large clean energy infrastructure facilities in the event that
1625	1625	1612constructive approval is triggered through the non-issuance of a permit by the board pursuant to
1626	1626	1613subsection (i); and (vii) entities responsible for compliance and enforcement of permit 76 of 132
1627	1627	1614conditions, including in the event of sale of large clean energy infrastructure facilities after
1628	1628	1615permitting.
1629	1629	1616 (c) An application for a consolidated permit for a large clean transmission and
1630	1630	1617distribution infrastructure facility shall include, in such form and detail as the board shall from
1631	1631	1618time to time prescribe, the following information: (i) a description of the large clean transmission
1632	1632	1619and distribution infrastructure facility, site and surrounding areas; (ii) an analysis of the need for
1633	1633	1620the large clean transmission and distribution infrastructure facility, either within or outside or
1634	1634	1621both within and outside the commonwealth, including a description of energy benefits; (iii) a
1635	1635	1622description of the alternatives to the large clean transmission and distribution infrastructure
1636	1636	1623facility including siting and project alternatives to avoid or minimize or, if impacts cannot be
1637	1637	1624avoided or minimized, mitigate impacts; (iv) a description of the environmental impacts of the
1638	1638	1625large clean transmission and distribution infrastructure facility, including both environmental
1639	1639	1626benefits and burdens, including shared use, recreational paths and access to nature; (v) evidence
1640	1640	1627that all prefiling consultation and community engagement requirements established by the board
1641	1641	1628have been satisfied and, if not, demonstrate good cause for a waiver of the requirements that
1642	1642	1629could not be satisfied by the applicant; and (vi) a cumulative impact analysis. The board may
1643	1643	1630issue and revise filing guidelines after public notice and a period for comment.
1644	1644	1631 (d) An application for a consolidated permit for a large clean energy generation facility or
1645	1645	1632large clean energy storage facility shall include, in such form and detail as the board shall from
1646	1646	1633time to time prescribe: (i) a description of the large clean energy generation facility’s or large
1647	1647	1634clean energy storage facility’s site and surrounding areas, including any ancillary structures and
1648	1648	1635related facilities and a description of the energy benefits of the large clean energy generation
1649	1649	1636facility or large clean energy storage facility; (ii) a description of the environmental impacts of 77 of 132
1650	1650	1637the large clean energy generation facility or large clean energy storage facility, including both
1651	1651	1638environmental benefits and burdens; (iii) a description of the project site selection process and
1652	1652	1639alternatives analysis used in choosing the location of the proposed large clean energy generation
1653	1653	1640facility or large clean energy storage facility to avoid or minimize or, if impacts cannot be
1654	1654	1641avoided or minimized, mitigate impacts; (iv) evidence that all prefiling consultation and
1655	1655	1642community requirements established by the board have been satisfied and, if not, demonstrate
1656	1656	1643good cause for a waiver of the requirements that could not be satisfied by the applicant; and (v) a
1657	1657	1644cumulative impact analysis. The board shall be empowered may issue and revise filing
1658	1658	1645guidelines after public notice and a period for comment.
1659	1659	1646 (e) A review by the board of the application shall be an adjudicatory proceeding under
1660	1660	1647chapter 30A. The authority of the board to conduct the adjudicatory proceeding under this
1661	1661	1648section may be delegated in whole or in part to the employees of the department. Pursuant to the
1662	1662	1649rules of the board, such employees shall report back to the board with recommended decisions
1663	1663	1650for final action thereon.
1664	1664	1651 (f) The board shall determine whether a large clean energy infrastructure facility permit
1665	1665	1652application is complete within 30 days of receipt. If an application is deemed not complete, the
1666	1666	1653applicant shall have 30 days to cure any deficiencies identified by the board before the
1667	1667	1654application is rejected. The board may provide extensions of time to cure deficiencies if the
1668	1668	1655applicant can demonstrate there are extenuating circumstances.
1669	1669	1656 (g) The board shall conduct a public hearing in at least 1 of the affected cities or towns in
1670	1670	1657which a large clean energy infrastructure facility would be located. 78 of 132
1671	1671	1658 (h) Following a determination that an application for a large clean energy infrastructure
1672	1672	1659facility is complete, all municipal, regional and state agencies, authorities, boards, commissions,
1673	1673	1660offices or other entities that would otherwise be required to issue at least 1 permits to the facility
1674	1674	1661shall be deemed to be substantially and specifically affected by the proceeding and upon
1675	1675	1662notification to the board shall have intervenor status in the proceeding to review the facility’s
1676	1676	1663application. All municipal, regional and state agencies, authorities, boards, commissions, offices
1677	1677	1664or other entities that would otherwise be required to issue at least 1 permit to the facility shall be
1678	1678	1665afforded an opportunity to submit statements of recommended permit conditions to the board
1679	1679	1666relative to the respective permits that each agency would be responsible for otherwise issuing
1680	1680	1667themselves.
1681	1681	1668 (i) The board shall establish timeframes for reviewing different types of large clean
1682	1682	1669energy infrastructure facilities based on the complexity of the facility, the need for an exemption
1683	1683	1670from local zoning requirements and community impacts but the board shall not take more than
1684	1684	167115 months from the determination of application completeness to render a final decision on an
1685	1685	1672application. The board may approve, approve with conditions or reject a consolidated permit
1686	1686	1673application. If no final decision is issued within the deadline established by the board for the type
1687	1687	1674of large clean energy infrastructure facility, the board shall issue a permit granting approval to
1688	1688	1675construct that adopts the common conditions and requirements established by the board through
1689	1689	1676regulations for the type of large clean energy infrastructure facility under review, which shall be
1690	1690	1677deemed a final decision of the board. A consolidated permit, if issued, shall be in the form of a
1691	1691	1678composite of all individual permits, approvals or authorizations which would otherwise be
1692	1692	1679necessary for the construction and operation of the large clean energy infrastructure facility and
1693	1693	1680that portion of the consolidated permit which relates to subject matters within the jurisdiction of 79 of 132
1694	1694	1681a state or local agency shall be enforced by said agency under other applicable laws of the
1695	1695	1682commonwealth as if it had been directly granted by the said agency.
1696	1696	1683 Section 69U. (a) Upon request by an applicant and upon a showing of good cause, the
1697	1697	1684board may issue a consolidated permit for a small clean transmission and distribution
1698	1698	1685infrastructure facility that is not automatically subject to the jurisdiction of the board pursuant to
1699	1699	1686section 69G if the applicant petitions the board to be granted a consolidated permit for such
1700	1700	1687facility. The board shall review such petition in accordance with subsections (b) and (c). The
1701	1701	1688board may issue such consolidated permit upon finding that the small clean transmission and
1702	1702	1689distribution infrastructure facility will serve the public convenience and is consistent with the
1703	1703	1690public interest. Upon application for a consolidated permit under this section, no applicant shall
1704	1704	1691commence construction of a small clean transmission and distribution infrastructure facility at a
1705	1705	1692site unless a consolidated permit for construction of that small clean transmission and
1706	1706	1693distribution infrastructure facility pursuant to this section has been approved by the board. For
1707	1707	1694purposes of this section, “construction” shall not include contractual obligations to purchase such
1708	1708	1695facilities or equipment.
1709	1709	1696 (b) The board shall establish the same criteria governing the siting and permitting of
1710	1710	1697small clean transmission and distribution infrastructure facilities eligible to submit an application
1711	1711	1698under this section as it is required to establish for large clean energy infrastructure facilities
1712	1712	1699under subsection (b) of section 69T. An application for a consolidated permit for a small clean
1713	1713	1700transmission and distribution infrastructure facility shall include the same elements as required
1714	1714	1701for large clean transmission and distribution infrastructure facilities under subsection (c) of said
1715	1715	1702section 69T. Subject to subsection (c) of this section, subsections (d) to (i), inclusive, of section 80 of 132
1716	1716	170369T shall apply to the process followed by the board regarding the issuance of a consolidated
1717	1717	1704permit to any small clean transmission and distribution infrastructure facility under this section.
1718	1718	1705 (c) The board shall establish timeframes and procedures for reviewing different types of
1719	1719	1706small clean transmission and distribution infrastructure facilities based on the complexity of the
1720	1720	1707facility and the need for an exemption from local zoning requirements, but in no instance shall
1721	1721	1708the board take more than 12 months from the determination of application completeness to
1722	1722	1709render a final decision on an application. The board shall have the authority to approve, approve
1723	1723	1710with conditions or reject a permit application. If no final decision is issued within the deadline
1724	1724	1711for the type of small clean transmission and distribution infrastructure facility established by the
1725	1725	1712board, the board shall issue a permit granting approval to construct that adopts the common
1726	1726	1713conditions and requirements established by the board in regulation for the type of small clean
1727	1727	1714transmission and distribution infrastructure facility under review, which shall be deemed a final
1728	1728	1715decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all
1729	1729	1716individual permits, approvals or authorizations which would otherwise be necessary for the
1730	1730	1717construction and operation of the clean transmission and distribution infrastructure facility and
1731	1731	1718that portion of the consolidated permit which relates to subject matters within the jurisdiction of
1732	1732	1719a state or local agency shall be enforced by said agency under the other applicable laws of the
1733	1733	1720commonwealth as if it had been directly granted by said agency.
1734	1734	1721 Section 69V. (a) The board may issue consolidated state permits for small clean energy
1735	1735	1722generation and small clean energy storage facilities. Owners or proponents of small clean energy
1736	1736	1723generation facilities and small clean energy storage facilities may submit an application to the
1737	1737	1724board to be granted a consolidated permit that shall include all state permits necessary to
1738	1738	1725construct the small clean energy generation facility or small clean energy storage facility. All 81 of 132
1739	1739	1726local government permits and approvals for such small clean energy generation facilities and
1740	1740	1727small clean energy storage facilities shall be issued separately pursuant to section 22 of chapter
1741	1741	172825A.
1742	1742	1729 (b) The board shall establish the same criteria governing the siting and permitting of
1743	1743	1730small clean energy generation facilities and small clean energy storage facilities eligible to
1744	1744	1731submit an application under this section as it is required to establish for large clean energy
1745	1745	1732infrastructure facilities under subsection (b) of section 69T. An application for a consolidated
1746	1746	1733permit for a small clean energy generation facility or small clean energy storage facility eligible
1747	1747	1734to submit an application under this section shall include the same elements as required for large
1748	1748	1735clean energy generation facilities and large clean energy storage facilities under subsection (d) of
1749	1749	1736said section 69T. Subsections (e) to (g), inclusive, of said section 69T shall apply to the issuance
1750	1750	1737of a consolidated permit to any small clean energy generation facility or small clean energy
1751	1751	1738storage facility under this section.
1752	1752	1739 (c) The board shall not take more than 12 months from the determination of application
1753	1753	1740completeness to render a final decision on an application. The board may approve, approve with
1754	1754	1741conditions or reject a permit application. If no final decision is issued within the deadline for the
1755	1755	1742type of small clean energy generation facility or small clean energy storage facility established
1756	1756	1743by the board, the board shall issue a permit granting approval to construct that adopts the
1757	1757	1744common conditions and requirements established by the board in regulation for the type of small
1758	1758	1745clean energy generation facility or small clean energy storage facility under review, which shall
1759	1759	1746be deemed a final decision of the board. A consolidated permit shall be in the form of a
1760	1760	1747composite of all individual permits, approvals or authorizations which would otherwise be
1761	1761	1748necessary for the construction and operation of the small clean energy generation facility or 82 of 132
1762	1762	1749small clean energy storage facility and that portion of the consolidated permit which relates to
1763	1763	1750subject matters within the jurisdiction of a state or local agency shall be enforced by the agency
1764	1764	1751under other applicable state laws as if it had been directly granted by the agency.
1765	1765	1752 Section 69W. (a) Owners or proponents of small clean energy infrastructure facilities that
1766	1766	1753have received a final decision on or a constructive approval of a consolidated local permit
1767	1767	1754application from a local government, as defined in section 22 of chapter 25A, or other parties
1768	1768	1755substantially and specifically affected by the decision of the local government may submit a
1769	1769	1756request for a de novo adjudication of the local permit application by the director. Subject to the
1770	1770	1757provisions of subsection (g) of said section 22 of said chapter 25A, a local government may also
1771	1771	1758submit a request for a de novo adjudication if their resources, capacity and staffing do not allow
1772	1772	1759for review of a small clean energy infrastructure facility’s permit application within the required
1773	1773	1760maximum 12-month timeframe for local government review established by said section 22 of
1774	1774	1761said chapter 25A. Review by the director of the board of the request for de novo adjudication
1775	1775	1762shall be deemed an adjudicatory proceeding under the provisions of chapter 30A.
1776	1776	1763 (b) A request for a de novo adjudication by an owner or proponent of a small clean
1777	1777	1764energy infrastructure facility or other party substantially and specifically affected by a final
1778	1778	1765decision of a local government shall be filed within 30 days of such decision.
1779	1779	1766 (c) Upon determination that at least 1 party seeking a de novo adjudication is
1780	1780	1767substantially and specifically affected, the director of the board shall review the request and the
1781	1781	1768local government’s final decision for consistency with the regulations adopting statewide
1782	1782	1769permitting standards for such facilities established by the department of energy resources
1783	1783	1770pursuant to section 22 of chapter 25A. The director shall render a decision on the request within 83 of 132
1784	1784	17716 months of receipt of the application and such decision shall be final. If the local government’s
1785	1785	1772decision is found to be inconsistent with the regulatory standards established by the department
1786	1786	1773of energy resources, the director may issue a final decision that supersedes the local
1787	1787	1774government’s prior decision and impose new local permit conditions that are consistent with
1788	1788	1775applicable laws.
1789	1789	1776 (d) The board shall establish regulations governing the process that the director of the
1790	1790	1777facility siting division shall follow to conduct the review of requests for de novo adjudication
1791	1791	1778under this section.
1792	1792	1779 SECTION 95. Said chapter 164 is hereby further amended by striking out sections 72
1793	1793	1780and 72A, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2
1794	1794	1781sections:-
1795	1795	1782 Section 72. An electric company, distribution company, generation company or
1796	1796	1783transmission company or any other entity providing or seeking to provide transmission service
1797	1797	1784may petition the energy facilities siting board for authority to construct and use or to continue to
1798	1798	1785use as constructed or with altered construction a line for the transmission of electricity for
1799	1799	1786distribution in some definite area or for supplying electricity to itself or to another electric
1800	1800	1787company or to a municipal lighting plant for distribution and sale or to a railroad, street railway
1801	1801	1788or electric railroad for the purpose of operating it and shall represent that such line will or does
1802	1802	1789serve the public convenience and is consistent with the public interest. The company shall
1803	1803	1790forward at the time of filing such petition a copy thereof to each city and town within such area.
1804	1804	1791The company shall file with such petition a general description of such transmission line and a
1805	1805	1792map or plan showing the towns through which the line will or does pass and its general location. 84 of 132
1806	1806	1793The company shall also furnish an estimate showing in reasonable detail the cost of the line and
1807	1807	1794such additional maps and information as the energy facilities siting board requires. The energy
1808	1808	1795facilities siting board, after notice and a public hearing in at least 1 of the towns affected, may
1809	1809	1796determine that said line is necessary for the purpose alleged and will serve the public
1810	1810	1797convenience and is consistent with the public interest. If the electric company, distribution
1811	1811	1798company, generation company or transmission company or any other entity providing or seeking
1812	1812	1799to provide transmission service shall file with the energy facilities siting board a map or plan of
1813	1813	1800the transmission line showing the towns through which it will or does pass, the public ways,
1814	1814	1801railroads, railways, navigable streams and tide waters in the town named in said petition which it
1815	1815	1802will cross and the extent to which it will be located upon private land or upon, under or along
1816	1816	1803public ways and places the energy facilities siting board, after such notice as it may direct, shall
1817	1817	1804hold a public hearing in at least 1 of the towns through which the line passes or is intended to
1818	1818	1805pass. The energy facilities siting board may by order authorize an electric company, distribution
1819	1819	1806company, generation company or transmission company or any other entity to take by eminent
1820	1820	1807domain under chapter 79 such lands, or such rights of way or widening thereof or other
1821	1821	1808easements therein, as may be necessary for the construction and use or continued use as
1822	1822	1809constructed or with altered construction of such line along the route prescribed in the order of the
1823	1823	1810energy facilities siting board. The energy facilities siting board shall transmit a certified copy of
1824	1824	1811its order to the company and the town clerk of each affected town. At any time before such
1825	1825	1812hearing, the company may modify the whole or a part of the route of such line, either of its own
1826	1826	1813motion or at the insistence of the energy facilities siting board or otherwise and, in such case,
1827	1827	1814shall file with the energy facilities siting board maps, plans and estimates as aforesaid showing
1828	1828	1815such changes. If the energy facilities siting board dismisses the petition at any stage in the 85 of 132
1829	1829	1816proceedings, no further action shall be taken thereon and the company may file a new petition
1830	1830	1817not sooner than 1 year after the date of such dismissal. When a taking under this section is
1831	1831	1818effected, the company may forthwith, except as hereinafter provided, proceed to erect, maintain
1832	1832	1819and operate thereon the line. If the company shall not enter upon and construct such line upon the
1833	1833	1820land so taken within 1 year thereafter, its right under such taking shall terminate. No lands or
1834	1834	1821rights of way or other easements therein shall be taken by eminent domain under this section in
1835	1835	1822any public way, public place, park or reservation or within the location of any railroad, electric
1836	1836	1823railroad or street railway company except with the consent of such company and on such terms
1837	1837	1824and conditions as it may impose or except as otherwise provided in this chapter No electricity
1838	1838	1825shall be transmitted over any land, right of way or other easement taken by eminent domain as
1839	1839	1826provided herein until the electric company, distribution company, generation company or
1840	1840	1827transmission company or any other entity shall have acquired from the select board or such other
1841	1841	1828authority having jurisdiction all necessary rights in the public ways or public places in the town
1842	1842	1829or towns or in any park or reservation, through which the line will or does pass. No entity shall
1843	1843	1830be authorized under this section or section 69R or section 24 of chapter 164A to take by eminent
1844	1844	1831domain any lands or rights of way or other easements therein held by an electric company or
1845	1845	1832transmission company to support an existing or proposed transmission line without the consent
1846	1846	1833of the electric company or transmission company.
1847	1847	1834 No electric company, distribution company, generation company or transmission
1848	1848	1835company or any other entity providing or seeking to provide transmission services shall be
1849	1849	1836required to petition the energy facilities siting board under this section unless it is seeking
1850	1850	1837authorization to take lands, rights of way or other easements by eminent domain under chapter
1851	1851	183879. 86 of 132
1852	1852	1839 Section 72A. Upon petition, the energy facilities siting board may authorize an electric
1853	1853	1840company to enter upon lands of any person or corporation for the purpose of making a survey
1854	1854	1841preliminary to eminent domain proceedings. The energy facilities siting board shall give notice
1855	1855	1842of the authorization granted, by registered mail, to the landowners involved not less than 5 days
1856	1856	1843prior to any entry by such electric company. The company entering upon any such lands shall be
1857	1857	1844subject to liability for any damages occasioned thereby to be recovered under chapter 79.
1858	1858	1845 SECTION 96. Said chapter 164 is hereby further amended by striking out section 75C,
1859	1859	1846as so appearing, and inserting in place thereof the following section:-
1860	1860	1847 Section 75C. A natural gas pipeline company may petition the energy facilities siting
1861	1861	1848board for the right to exercise the power of eminent domain under chapter 79. Such company
1862	1862	1849shall file with the petition a general description of the pipeline and a map or plan thereof
1863	1863	1850showing the rights of way, easements and other interests in land or other property proposed to be
1864	1864	1851taken for such use, the towns through which the pipeline will pass, the public ways, railroads,
1865	1865	1852railways, navigable streams and tide waters in the towns named in the petition that it will cross
1866	1866	1853and the extent to which it will be located upon private land and upon, under or along public
1867	1867	1854ways, lands and places. Upon the filing of such petition, the energy facilities siting board, after
1868	1868	1855such notice as it may direct, shall provide notice to each municipality through which the pipeline
1869	1869	1856is intended to pass and hold a public hearing in at least 1 of the towns through which the pipeline
1870	1870	1857is intended to pass and may, by order, authorize the company to take by eminent domain under
1871	1871	1858said chapter 79 such lands or such rights of way, easements or other interests in land or other
1872	1872	1859property necessary for the construction, operation, maintenance, alteration and removal of the
1873	1873	1860pipeline, compressor stations, appliances, appurtenances and other equipment along the route
1874	1874	1861described in the order of the energy facilities siting board. The energy facilities siting board shall 87 of 132
1875	1875	1862transmit a certified copy of its order to the company and the town clerk of each affected town. At
1876	1876	1863any time before such hearing, the company may modify the whole or a part of the route of the
1877	1877	1864pipeline, either of its own motion or at the insistence of the energy facilities siting board or
1878	1878	1865otherwise and, in such case, shall file with the energy facilities siting board maps, plans and
1879	1879	1866estimates showing such changes. If the energy facilities siting board dismisses the petition at any
1880	1880	1867stage in the proceedings, no further action shall be taken thereon and the company may file a
1881	1881	1868new petition not sooner than 1 year after the date of such dismissal.
1882	1882	1869 When a taking under this section is effected, the company may forthwith, except as
1883	1883	1870hereinafter provided, proceed to construct, install, maintain and operate thereon such pipeline. If
1884	1884	1871the company shall not enter upon and construct such line upon the land so taken within 1 year
1885	1885	1872thereafter, its right under such taking shall cease and terminate. No lands or rights of way or
1886	1886	1873easements therein shall be taken by eminent domain under the provisions of this section in any
1887	1887	1874public way, public place, park or reservation or within the location of any railroad, electric
1888	1888	1875railroad or street railway company, except that such pipeline may be constructed under any
1889	1889	1876public way or any way dedicated to the public use; provided, however, that the rights granted
1890	1890	1877hereunder shall not affect the right or remedy to recover damages for an injury caused to persons
1891	1891	1878or property by the acts of such company and such company shall put all such streets, lanes and
1892	1892	1879highways in as good repair as they were when opened by such company and the method of such
1893	1893	1880construction and the plans and specifications therefor have been approved either generally or in
1894	1894	1881any particular instance by the energy facilities siting board or, in the case of state highways, by
1895	1895	1882the department of highways. Natural gas pipeline companies may construct such lines under,
1896	1896	1883over or across the location on private land of any railroad, electric railroad or street railway
1897	1897	1884corporation subject to section 73. Rights of way, buildings, structures or lands to be used in the 88 of 132
1898	1898	1885construction of such pipelines over or upon the lands referred to therein shall be governed by
1899	1899	1886section 34A of chapter 132.
1900	1900	1887 SECTION 97. The first paragraph of section 92 of said chapter 164, as so appearing, is
1901	1901	1888hereby amended by adding the following sentence:- Notwithstanding any general or special law
1902	1902	1889to the contrary, in determining whether to issue an order directing a corporation to supply a
1903	1903	1890petitioner with gas service, the department shall consider: (i) whether the grant of the petition is
1904	1904	1891in the public interest, including the public interest in reducing greenhouse gas emissions and
1905	1905	1892complying with the limits and sublimits established pursuant to chapter 21N; and (ii) whether, in
1906	1906	1893the totality of the circumstances, the petitioner can secure adequate substitutes for gas-fired
1907	1907	1894services for space heating, water heating and cooking appliances which, in the case of space
1908	1908	1895heating, may include thermal energy that provides heating or cooling without combustion. The
1909	1909	1896department may, in order to advance the public interest in reducing greenhouse gas emissions
1910	1910	1897and complying with the limits and sublimits established pursuant to said chapter 21N, order
1911	1911	1898actions that may vary the uniformity of the availability of natural gas service.
1912	1912	1899 SECTION 98. Section 139 of said chapter 164, as so appearing, is hereby amended by
1913	1913	1900striking out, in line 210, the words “such solar”.
1914	1914	1901 SECTION 99. Said section 139 of said chapter 164, as so appearing, is hereby further
1915	1915	1902amended by inserting after the word “each”, in lines 218 and 221, each time it appears, the
1916	1916	1903following word:- solar.
1917	1917	1904 SECTION 100. Section 141 of said chapter 164, as so appearing, is hereby amended by
1918	1918	1905striking out the last sentence and inserting in place thereof the following sentence:- Where the
1919	1919	1906scale of on-site generation would have an impact on affordability for low-income or eligible 89 of 132
1920	1920	1907moderate-income customers, a fully compensating adjustment shall be made to the low-income
1921	1921	1908or moderate-income rate discount.
1922	1922	1909 SECTION 101. Said chapter 164 is hereby further amended by striking out section 145,
1923	1923	1910as so appearing, and inserting in place thereof the following section:-
1924	1924	1911 Section 145. (a) For the purposes of this section, the following words shall, unless the
1925	1925	1912context clearly requires otherwise, have the following meanings:-
1926	1926	1913 “Customer”, a retail natural gas customer.
1927	1927	1914 “Decommissioning proposal”, a proposal to decommission a portion of existing natural
1928	1928	1915gas infrastructure to be retired or replaced by a non-gas pipe alternative.
1929	1929	1916 “Eligible infrastructure measure”, a retirement, repair or replacement of existing
1930	1930	1917infrastructure of a gas company that: (i) is made on or after January 1, 2015 and not later than
1931	1931	1918December 31, 2028; (ii) seeks in a balanced manner to preserve and improve public safety,
1932	1932	1919improve infrastructure reliability, minimize ratepayer impacts, minimize the risk of stranded
1933	1933	1920assets and reduce greenhouse gas emissions in compliance with the limits and sublimits
1934	1934	1921established in chapter 21N; (iii) does not increase the revenue of a gas company by connecting
1935	1935	1922an improvement for a principal purpose of serving new customers; (iv) is not included in the
1936	1936	1923current rate base of the gas company as determined in the gas company's most recent rate
1937	1937	1924proceeding; (v) may include use of advanced leak repair technology approved by the department
1938	1938	1925to repair an existing leak-prone gas pipe to extend the useful life of the such gas pipe by not less
1939	1939	1926than 10 years; (vi) may include replacing gas infrastructure with utility-scale non-emitting
1940	1940	1927renewable thermal energy infrastructure; (vii) involves circumstances in which a non-gas pipe
1941	1941	1928alternative has been shown to be infeasible or not cost effective; (viii) reduces, or has the 90 of 132
1942	1942	1929potential to reduce, natural gas emissions through a reduction in natural gas system leaks; and
1943	1943	1930(ix) is not inconsistent with the greenhouse gas emissions limits and sublimits established in said
1944	1944	1931chapter 21N.
1945	1945	1932 “Non-emitting renewable thermal energy infrastructure”, utility-scale distribution
1946	1946	1933infrastructure that supplies heating or cooling from energy sources that do not emit greenhouse
1947	1947	1934gas emissions as defined in section 1 of chapter 21N; provided, however, that such infrastructure
1948	1948	1935may include, but shall not be limited to including, infrastructure for networked geothermal and
1949	1949	1936deep geothermal energy.
1950	1950	1937 “Non-gas pipe alternative”, an activity or investment that delays, reduces or avoids the
1951	1951	1938need to build or upgrade combustible gas infrastructure including, but not limited to,
1952	1952	1939electrification or non-emitting renewable thermal energy infrastructure.
1953	1953	1940 “Plan”, a detailed compilation of eligible infrastructure measures and decommissioning
1954	1954	1941proposals that a gas company files pursuant to subsection (b).
1955	1955	1942 “Project”, an eligible infrastructure measure or decommissioning proposal as proposed by
1956	1956	1943a gas company in a plan filed under this section.
1957	1957	1944 (b) A gas company shall file with the department a plan that shall include annual targets
1958	1958	1945for the department's review. The department shall review such annual targets to ensure each gas
1959	1959	1946company is meeting the appropriate pace to preserve and improve public safety, improve
1960	1960	1947infrastructure reliability, minimize the risk of stranded assets and reduce greenhouse gas
1961	1961	1948emissions in compliance with the limits and sublimits established in chapter 21N. A gas
1962	1962	1949company filing a plan shall update the targets each year based on overall progress. The
1963	1963	1950department may levy a penalty against any gas company that fails to meet its most recently 91 of 132
1964	1964	1951updated annual target in an amount up to and including the equivalent of 2.5 per cent of such gas
1965	1965	1952company’s transmission and distribution service revenues for the previous calendar year.
1966	1966	1953 (c) Any plan filed with the department shall include, but not be limited to: (i) capital
1967	1967	1954investment in eligible infrastructure measures and decommissioning proposals concerning mains,
1968	1968	1955services, leak-prone meter sets and other ancillary facilities composed of non-cathodically
1969	1969	1956protected steel, cast iron and wrought iron, prioritized to implement the federal gas distribution
1970	1970	1957pipeline integrity management plan annually submitted to the department and consistent with
1971	1971	1958subpart P of 49 C.F.R. part 192; (ii) an evaluation of the cost to retire, replace or repurpose
1972	1972	1959natural gas infrastructure with non-gas pipe alternatives including, but not limited to, utility-scale
1973	1973	1960non-emitting renewable thermal energy infrastructure; (iii) an anticipated timeline for the
1974	1974	1961completion of each project; (iv) the estimated cost of each project; (v) rate change requests; (vi) a
1975	1975	1962description of customer costs and benefits under the plan, including the costs of potential
1976	1976	1963stranded assets and the benefits of avoiding financial exposure to such assets; (vii) the
1977	1977	1964relocations, where practical, of a meter located inside a structure to the outside of the structure to
1978	1978	1965improve public safety; (viii) a comparison of costs and benefits of proposed eligible
1979	1979	1966infrastructure measures in low and moderate income communities with costs and benefits of such
1980	1980	1967measures in upper income communities; (ix) a comparison of projected greenhouse gas
1981	1981	1968emissions reductions from eligible infrastructure measures with other investment alternatives,
1982	1982	1969including electrification; (x) an analysis of how the proposed plan fits within the company’s
1983	1983	1970climate compliance plan approved by the department; and (xi) any other information the
1984	1984	1971department considers necessary to evaluate the plan.
1985	1985	1972 As part of each plan filed under this section, a gas company shall include a timeline for
1986	1986	1973remedying leak-prone infrastructure to preserve and improve public safety, improve 92 of 132
1987	1987	1974infrastructure reliability, minimize the risk of stranded assets and reduce greenhouse gas
1988	1988	1975emissions, on an accelerated basis specifying an annual remediation pace and an end date of
1989	1989	1976November 1, 2030. After filing the initial plan required under this section, a gas company shall
1990	1990	1977annually provide the department with a summary of its remediation progress to date, a summary
1991	1991	1978of work to be completed during the next 2 years and any similar information the department may
1992	1992	1979require.
1993	1993	1980 (d) If a gas company files a plan on or before October 31 for the subsequent construction
1994	1994	1981year, the department shall review the plan within 6 months. The plan shall be effective as of the
1995	1995	1982date of filing, pending department review. The department may modify a plan prior to approval
1996	1996	1983at the request of a gas company or make other modifications to a plan as a condition of approval.
1997	1997	1984The department shall consider the costs and benefits of the plan, including preserving and
1998	1998	1985improving public safety, minimizing ratepayer impacts, improving infrastructure reliability,
1999	1999	1986minimizing the risk of stranded assets and reducing greenhouse gas emissions in compliance
2000	2000	1987with the greenhouse gas emissions limits and sublimits established in chapter 21N.
2001	2001	1988 (e) If a plan is in compliance with this section and the department determines the plan
2002	2002	1989operates in a balanced manner to reasonably preserve and improve public safety, minimize
2003	2003	1990ratepayer impacts, improve infrastructure reliability, minimize the risk of stranded assets and
2004	2004	1991reduce greenhouse gas emissions in compliance with the limits and sublimits established in
2005	2005	1992chapter 21N, the department shall issue preliminary acceptance of the plan in whole or in part. A
2006	2006	1993gas company shall then be permitted to begin recovery of the estimated costs of projects included
2007	2007	1994in the plan beginning on May 1 of the year following the initial filing and collect any revenue
2008	2008	1995requirement, including depreciation, property taxes and return associated with the plan. 93 of 132
2009	2009	1996 (f) Annually, not later than May 1, a gas company shall file final project documentation
2010	2010	1997for projects completed in the prior year to demonstrate substantial compliance with the plan
2011	2011	1998approved pursuant to subsection (e) and that project costs were reasonably and prudently
2012	2012	1999incurred. The department shall investigate project costs within 6 months of submission and shall
2013	2013	2000approve and reconcile the authorized rate factor, if necessary, upon a determination that the costs
2014	2014	2001were reasonable and prudent. Annual changes in the revenue requirement eligible for recovery
2015	2015	2002shall not exceed the applicable percentages of the gas company’s most recent calendar year total
2016	2016	2003firm revenues, including gas revenues attributable to sales and transportation customers as
2017	2017	2004established in subsection (i).
2018	2018	2005 (g) All rate change requests made to the department pursuant to an approved plan shall be
2019	2019	2006filed annually on a fully reconciling basis, subject to final determination by the department
2020	2020	2007pursuant to subsection (f). The rate change included in a plan pursuant to section (c), reviewed
2021	2021	2008pursuant to subsection (d) and taking effect each May 1 pursuant to subsection (e) shall be
2022	2022	2009subject to investigation by the department pursuant to subsection (f) to determine whether the gas
2023	2023	2010company has overcollected or undercollected its requested rate adjustment with such over
2024	2024	2011collection or under collection reconciled annually. If the department determines that any of the
2025	2025	2012costs were not reasonably or prudently incurred, the department shall disallow the costs and
2026	2026	2013direct the gas company to refund the full value of the costs charged to customers with the
2027	2027	2014appropriate carrying charges on the overcollected amounts. If the department determines that any
2028	2028	2015of the costs were not in compliance with the approved plan, the department shall disallow the
2029	2029	2016costs from the cost recovery mechanism established in this section and shall direct the gas
2030	2030	2017company to refund the full value of the costs charged to customers with the appropriate carrying
2031	2031	2018charges on the overcollected amounts. 94 of 132
2032	2032	2019 (h) Notwithstanding any general or special law to the contrary, pursuant to a
2033	2033	2020decommissioning proposal approved by the department, a gas company may terminate natural
2034	2034	2021gas service to a customer where such proposal ensures that the affected customer retains
2035	2035	2022continuous access to safe, reliable and affordable energy services and can secure adequate
2036	2036	2023substitutes, with consideration of the cost of such substitutes, for gas-fired services as determined
2037	2037	2024by the department.
2038	2038	2025 (i) For the purposes of subsection (f), the applicable percentage of the local gas
2039	2039	2026distribution company’s most recent calendar year total firm revenues, including gas revenues
2040	2040	2027attributable to sales and transportation customers, beginning:
2041	2041	2028 (A) on or after November 1, 2024 and before November 1, 2025 shall be 2.8 per cent;
2042	2042	2029 (B) on or after November 1, 2025 and before November 1, 2026 shall be 2.5 per cent;
2043	2043	2030 (C) on or after November 1, 2026, and before November 1, 2027 shall be 2.0 per cent;
2044	2044	2031 (D) on or after November 1, 2027 and before November 1, 2028 shall be 1.5 per cent;
2045	2045	2032 (E) on or after November 1, 2028 and before November 1, 2029 shall be 1.0 per cent;
2046	2046	2033 (F) on or after November 1, 2029 and before November 1, 2030 shall be 0.5 per cent; and
2047	2047	2034 (G) on or after November 1, 2030 shall be 0 per cent.
2048	2048	2035 (j) The department may promulgate rules and regulations to carry out this section. The
2049	2049	2036department may discontinue a plan and require a gas company to refund any costs charged to
2050	2050	2037customers due to failure to substantially comply with such plan or failure to reasonably and
2051	2051	2038prudently manage project costs. 95 of 132
2052	2052	2039 SECTION 102. Said chapter 164 is hereby further amended by adding the following 2
2053	2053	2040sections:-
2054	2054	2041 Section 149. (a) For the purposes of this section, the following words shall have the
2055	2055	2042following meanings unless the context clearly requires otherwise:-
2056	2056	2043 “Director”, the director of public participation established in section 12T of chapter 25.
2057	2057	2044 “Governmental body”, a city, town, district, regional school district, county, agency,
2058	2058	2045board, commission, authority, department or instrumentality of a city, town, district, regional
2059	2059	2046school district or county.
2060	2060	2047 “Grantee”, an organization, entity, governmental body, federally recognized tribe, state
2061	2061	2048acknowledged tribe or state recognized tribe that has received a grant award under this section.
2062	2062	2049 “Prospective grantee”, an organization, entity, governmental body, federally recognized
2063	2063	2050tribe, state acknowledged tribe, or state recognized tribe that has applied or plans to apply for a
2064	2064	2051grant under this section.
2065	2065	2052 (b) The department may make available as grants, funds deposited into the Department of
2066	2066	2053Public Utilities and Energy Facilities Siting Board Intervenor Support Fund established in
2067	2067	2054section 12S of chapter 25 to parties that have been granted intervenor status by the department or
2068	2068	2055the board pursuant to clause (4) of the second sentence of the first paragraph of section 10 of
2069	2069	2056chapter 30A and corresponding department and board regulations and that are: (i) organizations
2070	2070	2057and entities that advocate on behalf of a relevant subset of residential customers defined
2071	2071	2058geographically or based on specific shared interests; (ii) organizations and entities that advocate
2072	2072	2059on behalf of low-income or moderate-income residential populations, residents of historically 96 of 132
2073	2073	2060marginalized or overburdened and underserved communities; or (iii) governmental bodies,
2074	2074	2061federally recognized tribes, state acknowledged tribes or state recognized tribes.
2075	2075	2062 (c) The director, in consultation with the office of environmental justice and equity
2076	2076	2063established in section 29 of chapter 21A, shall establish criteria to determine whether and to what
2077	2077	2064extent a prospective grantee shall be eligible to receive a grant award pursuant to this section.
2078	2078	2065Such criteria shall include, but not be limited to, whether the prospective grantee: (i) lacks the
2079	2079	2066financial resources that would enable it to intervene and participate in a department or board
2080	2080	2067proceeding absent a grant award pursuant to this section; and (ii) previously intervened in
2081	2081	2068department or board proceedings prior to the establishment of the intervenor support grant
2082	2082	2069program pursuant to this section; provided, however, that a municipality with a population of less
2083	2083	2070than 7,500 and that is a prospective grantee for a proceeding pertaining to a facility, large clean
2084	2084	2071energy infrastructure facility or small clean energy infrastructure facility as those terms are
2085	2085	2072defined in section 69G within its boundaries shall not be required to meet the criteria set forth in
2086	2086	2073this paragraph to receive a grant award pursuant to this section.
2087	2087	2074 (d) A prospective grantee seeking funding under this section shall submit a grant
2088	2088	2075application in a form and manner developed by the director demonstrating that it meets the
2089	2089	2076criteria established by the director in accordance with subsection (c). Such grant application shall
2090	2090	2077include: (i) a statement outlining the prospective grantee’s anticipated participation in the
2091	2091	2078department or board proceeding, to the extent it is known at the time of making the grant
2092	2092	2079application; (ii) a detailed estimated budget of anticipated attorney, consultant and expert,
2093	2093	2080including community expert, costs and fees and all other costs related to the preparation for, and
2094	2094	2081intervention and participation in, the proceeding; and (iii) background information on the
2095	2095	2082attorneys, consultants and experts, including community experts, that the prospective applicant 97 of 132
2096	2096	2083plans to retain if awarded grant funding. The director may, at their discretion, make conditional
2097	2097	2084grant awards to grant applicants that have not yet been granted intervenor status by the
2098	2098	2085department or board; provided, however, that no grant may be awarded until such intervenor
2099	2099	2086status is granted.
2100	2100	2087 (e) The director shall, in the director’s sole discretion, determine the amount of financial
2101	2101	2088support to be granted to an applicant under this section, taking into account the demonstrated
2102	2102	2089needs of the intervenor and the complexity of the proceeding. No such grant to be awarded shall
2103	2103	2090exceed $150,000 for a single department or board proceeding; provided, however, that the
2104	2104	2091director may, in the director’s sole discretion: (i) upon the petition of a prospective grantee,
2105	2105	2092award a grant exceeding $150,000 upon a demonstration of good cause, including the complexity
2106	2106	2093of the proceeding in which the grantee is intervening; and (ii) upon the petition of a grantee,
2107	2107	2094provide additional grant funding than initially requested under section (c) upon a showing that
2108	2108	2095new, novel or complex issues have arisen in the proceeding since the time the grant application
2109	2109	2096was submitted. The director shall consider the potential for intervenors to share costs through
2110	2110	2097collaborative efforts with other parties to a proceeding as part of determining the amount of
2111	2111	2098funding awarded to a prospective grantee and such intervenors shall be expected to reduce
2112	2112	2099duplicative costs to the extent possible in instances where the positions of multiple intervenors
2113	2113	2100align.
2114	2114	2101 (f) The aggregate grant funding for any individual department or board proceeding shall
2115	2115	2102not exceed $500,000; provided, however, that where the aggregate amount of funding being
2116	2116	2103requested exceeds $500,000, funding shall be allocated to prospective grantees on the basis of
2117	2117	2104their relative financial hardship. The director may, at the director’s discretion and upon a 98 of 132
2118	2118	2105determination of good cause, provide funding that exceeds $500,000 for an individual
2119	2119	2106department or board proceeding.
2120	2120	2107 (g) Ten per cent of grant funds awarded to a grantee, or a greater percentage as
2121	2121	2108determined by the director at the director’s sole discretion, may be expended on nonlegal, non-
2122	2122	2109expert and non-consultant administrative costs directly attributable to the intervention and
2123	2123	2110participation in a proceeding before the department or board. All remaining grant funds may be
2124	2124	2111expended to retain legal counsel, experts and consultants to assist in proceedings before the
2125	2125	2112department or board; provided, however, that such funds may be used to retain qualified
2126	2126	2113community experts, which shall include residential ratepayers and residents with lived
2127	2127	2114experience that can inform such proceedings. Such funding may be expended for administrative,
2128	2128	2115legal, consultant and expert costs associated with an intervention petition submitted pursuant to
2129	2129	2116clause (4) of the second sentence of the first paragraph section 10 of chapter 30A or pursuant to
2130	2130	2117section 10A of said chapter 30A and any applicable regulations.
2131	2131	2118 (h) All grants sunder this section shall be made from the Department of Public Utilities
2132	2132	2119and Energy Facilities Siting Board Intervenor Support Trust Fund established in chapter 12S of
2133	2133	2120chapter 25. Such grant payments shall be made only for reasonable costs incurred and upon
2134	2134	2121submission of a grant payment request by an applicant therefor. Such grant payment requests
2135	2135	2122shall be in a form and manner as prescribed by the director and grant payments shall be made
2136	2136	2123within 30 days of receipt of such grant payment requests by the director to the grantee or to the
2137	2137	2124entity designated by the grantee to receive grant payments. The director, at the director’s
2138	2138	2125discretion or as provided for in regulations promulgated pursuant to this section, may provide
2139	2139	2126grant payments before such costs are incurred by the grantee upon a showing of financial
2140	2140	2127hardship by the grantee. 99 of 132
2141	2141	2128 (i) All decisions pertaining to the issuance of financial support shall be made solely by
2142	2142	2129the director. The director shall have sole discretion to deny funding to a prospective grantee that
2143	2143	2130demonstrates a pattern of repeatedly delaying or obstructing, or attempting to repeatedly delay or
2144	2144	2131obstruct, proceedings or that otherwise has misused funds.
2145	2145	2132 (j) In the department’s annual report required under section 2 of chapter 25, the director
2146	2146	2133shall include a report describing all activities of the Department of Public Utilities and Energy
2147	2147	2134Facilities Siting Board Intervenor Support Trust Fund established in section 12S of chapter 25
2148	2148	2135including, but not limited to: (i) amounts credited to the fund, amounts expended from the fund
2149	2149	2136and any unexpended balance; (ii) a summary of the intervenor support grant fund application
2150	2150	2137process; (iii) the number of grant applications received, the number and amount of awards
2151	2151	2138granted and the number of grant applications rejected; (iv) the number of intervenors who
2152	2152	2139participated in proceedings, with or without support from the fund; (v) an itemization of costs
2153	2153	2140incurred by and payments made to grantees; (vi) an evaluation of the impact and contribution of
2154	2154	2141grantees in department and board proceedings; (vii) a summary of education and outreach
2155	2155	2142activities conducted by the division of public participation established in section 12T of said
2156	2156	2143chapter 25 related to the intervenor support grant program; and (viii) any recommended changes
2157	2157	2144to the program.
2158	2158	2145 (k) The director shall develop:
2159	2159	2146 (i) accessible, multilingual and easily comprehensible web-based educational materials,
2160	2160	2147including forms and templates, to educate prospective grantees and the public on the intervenor
2161	2161	2148support grant program established in this section; and 100 of 132
2162	2162	2149 (ii) a robust virtual and in-person outreach program to educate prospective grantees and
2163	2163	2150the public about the intervenor support grant program established in this section.
2164	2164	2151 (l) The department, in consultation with the board, shall promulgate regulations to
2165	2165	2152implement this section.
2166	2166	2153 Section 150. (a) As used in this section, the following words shall have the following
2167	2167	2154meanings unless the context clearly requires otherwise:
2168	2168	2155 “Advanced conductors”, any hardware technology that can conduct electricity across
2169	2169	2156transmission and distribution lines and demonstrate enhanced performance over traditional
2170	2170	2157conductor products.
2171	2171	2158 “Advanced power flow control”, any hardware and software technologies used to push or
2172	2172	2159pull electric power in a manner that balances overloaded lines and underutilized corridors within
2173	2173	2160the distribution or transmission system.
2174	2174	2161 “Advanced reconductoring”, the application of advanced conductors to increase the
2175	2175	2162capacity and efficiency of the existing electric grid.
2176	2176	2163 “Dynamic line rating”, any hardware or software technology used to appropriately update
2177	2177	2164the calculated thermal limits of existing distribution or transmission lines based on real-time and
2178	2178	2165forecasted weather conditions.
2179	2179	2166 “Grid enhancing technology”, any hardware or software technology that enables
2180	2180	2167enhanced or more efficient performance from the electric distribution or transmission system
2181	2181	2168including, but not limited to, dynamic line rating, advanced power flow control technology,
2182	2182	2169topology optimization and energy storage when used as a distribution or transmission resource. 101 of 132
2183	2183	2170 “Topology optimization”, any hardware or software technology that identifies
2184	2184	2171reconfigurations of the distribution or transmission grid and can enable the routing of power
2185	2185	2172flows around congested or overloaded distribution or transmission elements.
2186	2186	2173 (b) To the extent authorized by federal law, for base rate proceedings and other
2187	2187	2174proceedings in which a distribution or transmission company proposes capital improvements or
2188	2188	2175additions to the distribution or transmission system, such distribution or transmission company
2189	2189	2176shall conduct a cost-effectiveness and timetable analysis of multiple strategies including, but not
2190	2190	2177limited to, the deployment of grid enhancing technology, advanced conductors or energy storage
2191	2191	2178used as a distribution or transmission resource. Where grid enhancing technology, advanced
2192	2192	2179conductors or energy storage used as a distribution or transmission resource, whether in
2193	2193	2180combination with or instead of capital investments, offer a more cost-effective strategy to
2194	2194	2181achieve distribution or transmission goals including, but not limited to, distributed energy
2195	2195	2182resource interconnection, grid reliability and enhanced cyber and physical security, the
2196	2196	2183department may approve the deployment of grid enhancing technology, advanced conductors or
2197	2197	2184energy storage used as a distribution or transmission resource as part of the overall solutions
2198	2198	2185strategy.
2199	2199	2186 (c) As part of a base rate filing or other filing in which capital improvements or additions
2200	2200	2187to the distribution or transmission system are proposed, the distribution or transmission company
2201	2201	2188may propose a performance incentive mechanism that provides a financial incentive for the cost-
2202	2202	2189effective deployment of grid enhancing technologies, advanced reconductoring or energy storage
2203	2203	2190used as a distribution or transmission resource.
2204	2204	2191 (d) The department may promulgate regulations to implement subsections (b) and (c). 102 of 132
2205	2205	2192 (e) At least every 5 years, each distribution company and, to the extent authorized by
2206	2206	2193federal law, each transmission company shall make a compliance filing with the department and
2207	2207	2194provide a separate report to the joint committee on telecommunications, utilities and energy not
2208	2208	2195later than September 1 on the deployment of grid enhancing technology, advanced conductors or
2209	2209	2196energy storage used as a distribution or transmission resource in a format determined by the
2210	2210	2197department.
2211	2211	2198 SECTION 103. Chapter 166 of the General Laws is amended by striking out section 28,
2212	2212	2199as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
2213	2213	2200 Section 28. A company subject to this chapter, except a telegraph or telephone company,
2214	2214	2201desiring to construct a line for the transmission of electricity that will of necessity pass through at
2215	2215	2202least 1 city or town to connect the proposed termini of such line, whose petition for the location
2216	2216	2203necessary for such line has been refused or has not been granted within 3 months after the filing
2217	2217	2204thereof by the city council or the select board of the town through which the company intends to
2218	2218	2205construct such line, may apply to the energy facilities siting board for such location. The energy
2219	2219	2206facilities siting board shall hold a public hearing thereon after notice to the city council or select
2220	2220	2207board refusing or neglecting to grant such location and to all persons owning real estate abutting
2221	2221	2208upon any way in the city or town where such location is sought, as such ownership is determined
2222	2222	2209by the last assessment for taxation. The energy facilities siting board shall, if requested by the
2223	2223	2210city council or select board, hold the hearing in the city or town where the location is sought. If it
2224	2224	2211appears at the hearing that the company has already been granted and has accepted a location for
2225	2225	2212such line in 2 cities or in 2 towns or in a city and town adjoining the city or town refusing or
2226	2226	2213neglecting to grant a location or, if it appears at the hearing that the company has already been
2227	2227	2214granted and has accepted locations for such line in a majority of the municipalities through 103 of 132
2228	2228	2215which such line will pass and if the energy facilities siting board deems the location necessary
2229	2229	2216for public convenience and in the public interest, the board may issue an order granting a
2230	2230	2217location for such line in the city or town with respect to which the application has been made and
2231	2231	2218shall have and exercise the powers and authority conferred by section 22 upon the city council or
2232	2232	2219select board and, in addition to any laws governing such company, may impose any other terms,
2233	2233	2220limitations and restrictions as public interest may require. The energy facilities siting board shall
2234	2234	2221cause an attested copy of its order, with the certificate of its clerk endorsed thereon that the order
2235	2235	2222was adopted after due notice and a public hearing, to be forwarded to the city or town clerk who
2236	2236	2223shall record the same and furnish at the tested copies thereof. The company in whose favor the
2237	2237	2224order is made shall pay for the record and attested copies in the amount provided therefor in
2238	2238	2225clauses (31) and (32) of section 34 of chapter 262.
2239	2239	2226 SECTION 104. Section 6 of chapter 183A of the General Laws, as so appearing, is
2240	2240	2227hereby amended by striking out, in lines 37 to 42, inclusive, the words “any energy conservation
2241	2241	2228device installed in a unit, not already separately metered for water and utilities, including but not
2242	2242	2229limited to the installation of separate water meters, low-flow toilets and showerheads, faucet
2243	2243	2230aerators, windows and storm windows; provided, however, that a unit owner required to install
2244	2244	2231such energy conservation” and inserting in place thereof the following words:- a device installed
2245	2245	2232pursuant to an action taken by a corporation, trust or association pursuant to section 10;
2246	2246	2233provided, however, that a unit owner required to install such.
2247	2247	2234 SECTION 105. Subsection (b) of section 10 of chapter 183A of the General Laws, as so
2248	2248	2235appearing, is hereby amended by striking out clause (6) and inserting in place thereof the
2249	2249	2236following clause:- 104 of 132
2250	2250	2237 (6) to require reasonable measures to facilitate energy savings, energy efficiency and
2251	2251	2238greenhouse gas emissions reductions and, in furtherance of such measures, to cause the
2252	2252	2239installation of devices that result in energy savings, energy efficiency and greenhouse gas
2253	2253	2240emissions reductions in all units not already separately metered for water and utilities; provided,
2254	2254	2241however, that such measures and devices shall not include solar energy systems, the installation
2255	2255	2242of which shall be governed by section 18; provided further, that electric vehicle supply
2256	2256	2243equipment as defined in section 2 of chapter 25B shall only be required in the common areas
2257	2257	2244and facilities in the condominium; provided further, that such devices may include, but shall not
2258	2258	2245be limited to including, separate meters for each unit to monitor the use of water, electricity and
2259	2259	2246other utilities for the unit to which it is attached, low-flow toilets and showerheads, faucet
2260	2260	2247aerators, windows and storm windows; provided further, that such devices and, in the case of
2261	2261	2248electric vehicle supply equipment installed in common areas and facilities, such supply
2262	2262	2249equipment shall not be considered improvements for the purposes of said section 18 if the board
2263	2263	2250of trustees of the organization of unit owners or, if there is no board of trustees, the entity
2264	2264	2251performing its duties, receives the approval of the majority of unit owners in attendance at a
2265	2265	2252meeting for which notice was duly given and which was held for the purpose of voting on the
2266	2266	2253installation of such devices and supply equipment; provided further, that the cost of installation
2267	2267	2254of such devices and, in the case of supply equipment installed in common areas and facilities, of
2268	2268	2255such supply equipment shall be an expense of the organization of unit owners, which may be
2269	2269	2256assessed to the individual unit owners as a special assessment, the amount of which, if such
2270	2270	2257device was installed in each individual unit or in substantially all of the units in the
2271	2271	2258condominium, may be attributable to each unit owner in the amount of the cost of the item
2272	2272	2259installed. The organization of unit owners may assess to each unit owner their proportionate 105 of 132
2273	2273	2260share of the costs for water, electricity and other utilities as measured by the meter attached to
2274	2274	2261the unit. In the event of a conflict between this clause and the master deed, trust or by-laws of a
2275	2275	2262condominium under of this chapter, this clause shall control; provided further, that nothing
2276	2276	2263herein shall be construed to conflict with the state sanitary code, the state building code, the
2277	2277	2264stretch energy code or any municipal opt-in specialized energy code; provided further, that
2278	2278	2265notwithstanding any rights to use common areas reserved for individual unit owners, if the
2279	2279	2266governing board of the organization of unit owners determines to install electric vehicle supply
2280	2280	2267equipment in a common area for the use of all members of the organization, the organization
2281	2281	2268shall develop appropriate terms of use of the supply equipment; and provided further, that the
2282	2282	2269expenses incurred in and proceeds accruing from the exercise of the rights and powers under this
2283	2283	2270clause shall be common expenses and common profits.
2284	2284	2271 SECTION 106. Said chapter 183A is hereby further amended by inserting after section
2285	2285	227210 the following section:-
2286	2286	2273 Section 10A. (a) As used in this section, the following words shall have the following
2287	2287	2274meanings unless the context clearly requires otherwise:
2288	2288	2275 “Association”, a condominium association, homeowners’ association, community
2289	2289	2276association, cooperative, trust or other nongovernmental entity with covenants, by-laws and
2290	2290	2277administrative provisions with which the compliance of a homeowner or unit owner is required.
2291	2291	2278 “Dedicated parking space”, a parking space located within an owner’s separate interest or
2292	2292	2279a parking space in a common area but subject to exclusive use rights of an owner including, but
2293	2293	2280not limited to, a deeded parking space, a garage space, a carport or a parking space specifically
2294	2294	2281designated for use by a particular owner. 106 of 132
2295	2295	2282 “Historic district commission”, a commission or other body responsible for administering
2296	2296	2283the rules and regulations of an historic district established by a community pursuant to any
2297	2297	2284general or special law.
2298	2298	2285 “Municipal governing body”, the legislative body of a city or town.
2299	2299	2286 “Neighborhood conservation district”, a district established by a municipal governing
2300	2300	2287body as part of the local zoning code or by-laws for the express purpose of protecting the
2301	2301	2288architectural character of a neighborhood.
2302	2302	2289 “Owner”, a person or group of persons who owns a separate lot, unit or interest, along
2303	2303	2290with an undivided interest or membership interest in the common area of the entire project
2304	2304	2291including, but not limited to, a condominium, planned unit development and parcel subject to a
2305	2305	2292homeowners’ association.
2306	2306	2293 “Reasonable restrictions”, restrictions that do not significantly: (i) increase the cost of
2307	2307	2294electric vehicle supply equipment as defined in section 2 of chapter 25B or the installation
2308	2308	2295thereof; or (ii) significantly decrease its efficiency or specified performance or effectively
2309	2309	2296prohibit the installation.
2310	2310	2297 “Separate interest”, a separate lot, unit or interest to which an owner has exclusive rights
2311	2311	2298of ownership.
2312	2312	2299 (b) Notwithstanding chapters 21, 40C, 183A or any other general or special law to the
2313	2313	2300contrary, a historic district commission, commission or board of a neighborhood conservation
2314	2314	2301district or manager or organization of unit owners of an association shall not prohibit or
2315	2315	2302unreasonably restrict an owner from installing electric vehicle supply equipment, as defined in 107 of 132
2316	2316	2303section 2 of chapter 25B, on or in an area subject to the owner’s separate interest on or in an area
2317	2317	2304to which the owner has exclusive use or on or in a common element as long as the common
2318	2318	2305element is within a reasonable distance of the owner’s dedicated parking space. Nothing in this
2319	2319	2306section shall prohibit a historic district commission, a commission or board of a neighborhood
2320	2320	2307conservation district or a manager or organization of unit owners of an association from setting
2321	2321	2308reasonable restrictions; provided, however, that in setting such restrictions, the commission,
2322	2322	2309board, manager or organization shall give substantial weight to threats posed by climate change
2323	2323	2310and the commonwealth’s obligation to meet the statewide greenhouse gas emission limits and
2324	2324	2311sublimits established under chapter 21N.
2325	2325	2312 (c) Electric vehicle supply equipment shall: (i) be installed at the owner’s expense; (ii) be
2326	2326	2313installed by a licensed contractor or electrician; and (iii) conform to all applicable health and
2327	2327	2314safety standards and requirements imposed by national, state and local authorities and all other
2328	2328	2315applicable zoning, land use or other ordinances and land use permits.
2329	2329	2316 (d) A historic district commission, a commission or board of a neighborhood
2330	2330	2317conservation district or a manager or organization of unit owners of an association may require
2331	2331	2318an owner to submit an application before installing electric vehicle supply equipment. If the
2332	2332	2319commission, board, manager or organization requires an application, the application shall be
2333	2333	2320processed and approved by the commission, board, manager or organization in the same manner
2334	2334	2321as an application for approval of an architectural modification to the property and such
2335	2335	2322application shall not be willfully avoided or delayed; provided further, that the commission,
2336	2336	2323board, manager or organization shall approve the application if the owner complies with this
2337	2337	2324section and the architectural standards of the association, historic district or neighborhood
2338	2338	2325conservation district The approval or denial of an application shall be in writing and if an 108 of 132
2339	2339	2326application is not denied in writing within 60 days after the date of receipt thereof , the
2340	2340	2327application shall be deemed approved unless the delay is the result of a reasonable request for
2341	2341	2328additional information. The association, historic district or neighborhood conservation district
2342	2342	2329shall not assess or charge the owner any fees for the placement of any electric vehicle supply
2343	2343	2330equipment above any reasonable fees for processing the application if any fees exist for all
2344	2344	2331applications for approval of architectural modifications.
2345	2345	2332 (e) The owner and each successive owner of the separate interest or with exclusive rights
2346	2346	2333to the area where the electric vehicle supply equipment is installed shall be responsible for: (i)
2347	2347	2334disclosing to prospective buyers the existence of such supply equipment, its owner and the
2348	2348	2335related responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers
2349	2349	2336whether such supply equipment is removable and whether the owner intends to remove the
2350	2350	2337supply equipment in order to install it elsewhere; (iii) the costs of the maintenance, repair and
2351	2351	2338replacement of such supply equipment until such equipment has been removed and the common
2352	2352	2339area is restored after removal; (iv) the costs of any damage to such supply equipment, common
2353	2353	2340area, exclusive common area or separate interest resulting from the installation, maintenance,
2354	2354	2341repair, removal or replacement of such equipment; (v) the cost of electricity associated with the
2355	2355	2342electric vehicle supply equipment; provided, however, that the owner shall connect such supply
2356	2356	2343equipment to the owner’s own electric utility account unless the licensed contractor performing
2357	2357	2344the installation deems that to be impossible; provided further that if the connection is deemed
2358	2358	2345impossible, the association, historic district commission or neighborhood conservation district
2359	2359	2346shall allow the owner to connect such supply equipment to the common electricity account but
2360	2360	2347may require reimbursement by the owner to the association, historic district commission or
2361	2361	2348neighborhood conservation district for electricity costs; and (vi) removing the electric vehicle 109 of 132
2362	2362	2349supply equipment if reasonably necessary for the repair, maintenance or replacement of any
2363	2363	2350property of the association, historic district commission, neighborhood conservation district or
2364	2364	2351separate interest.
2365	2365	2352 (f) A historic district commission, a commission or board of a neighborhood conservation
2366	2366	2353district or a manager or organization of unit owners of an association may install electric vehicle
2367	2367	2354supply equipment in a common area reserved for the use of all members or residents of the
2368	2368	2355association or district; provided, however, that the commission, board, manager or organization
2369	2369	2356shall develop appropriate terms of use for such supply equipment.
2370	2370	2357 SECTION 107. Section 3A of chapter 185 of the General Laws, as appearing in the 2022
2371	2371	2358Official Edition, is hereby amended by striking out, in lines 35 to 37, inclusive, the words
2372	2372	2359“involves either 25 or more dwelling units or the construction or alteration of 25,000 square feet
2373	2373	2360or more of gross floor area or both” and inserting in place thereof the following words:-
2374	2374	2361involves: (i) not less than 25 dwelling units; (ii) the construction or alteration of not less than
2375	2375	236225,000 square feet of gross floor area; (iii) the construction or alteration of a Class I renewable
2376	2376	2363energy generating source as defined in subsection (c) of section 11F of chapter 25A; or (iv) the
2377	2377	2364construction or alteration of an energy storage facility as defined in section 1 of chapter 164.
2378	2378	2365 SECTION 107A. Said section 3A of said chapter 185 is hereby further amended by
2379	2379	2366striking out the words “involves: (i) not less than 25 dwelling units; (ii) the construction or
2380	2380	2367alteration of not less than 25,000 square feet of gross floor area; (iii) the construction or
2381	2381	2368alteration of a Class I renewable energy generating source as defined in subsection (c) of section
2382	2382	236911F of chapter 25A; or (iv) the construction or alteration of an energy storage facility as defined
2383	2383	2370in section 1 of chapter 164”, inserted by section 107, and inserting in place thereof the following 110 of 132
2384	2384	2371words:- involves either 25 or more dwelling units or the construction or alteration of 25,000
2385	2385	2372square feet or more of gross floor area or both.
2386	2386	2373 SECTION 108. The first paragraph of section 2 of chapter 465 of the acts of 1956 is
2387	2387	2374hereby amended by inserting after the first sentence the following sentence:- In discharging its
2388	2388	2375responsibilities and exercising its powers under this chapter, the Authority shall, with respect to
2389	2389	2376itself and the entities with which it contracts or conducts business and in a manner consistent
2390	2390	2377with any act of congress relating to aeronautics or any regulations promulgated or standards
2391	2391	2378established pursuant thereto, promote commerce, economic prosperity, safety and security in and
2392	2392	2379for the commonwealth while prioritizing environmental resilience and equity and reductions in
2393	2393	2380greenhouse gas emissions.
2394	2394	2381 SECTION 109. Section 3 of said chapter 465, as most recently amended by section 2 of
2395	2395	2382chapter 660 of the acts of 1977, is hereby further amended by striking out clause (g) and
2396	2396	2383inserting in place thereof the following clause:-
2397	2397	2384 (g) to extend, enlarge, improve, rehabilitate, lease as lessor or lessee, maintain, repair and
2398	2398	2385operate the projects under its control and to establish rules and regulations for the use of any
2399	2399	2386such project; provided, however, that the Authority shall, with respect to itself and the entities
2400	2400	2387with which it contracts or does business and in a manner consistent with any act of congress
2401	2401	2388relating to aeronautics or to any regulations promulgated or standards established pursuant
2402	2402	2389thereto, undertake such activities and promulgate such rules and regulations to promote
2403	2403	2390commerce, economic prosperity, safety and security in and for the commonwealth while
2404	2404	2391prioritizing environmental resilience and equity and reductions in greenhouse gas emissions;
2405	2405	2392provided further, however, that no such rules or regulations shall conflict with the rules and 111 of 132
2406	2406	2393regulations of any state or federal regulatory body having jurisdiction over the operation of
2407	2407	2394aircraft; provided further, that in the enforcement of such rules and regulations, police officers
2408	2408	2395appointed or employed by the Authority under section 23 shall have within the boundaries of all
2409	2409	2396projects all the powers of police officers and constables of the cities and towns of the
2410	2410	2397commonwealth, except the power of serving and executing civil process.
2411	2411	2398 SECTION 110. Section 2A of chapter 395 of the acts of 1970, as most recently amended
2412	2412	2399by section 1 of chapter 57 of the acts of 2000, is hereby further amended by inserting after the
2413	2413	2400definition of “Razed” the following definition:-
2414	2414	2401 “Solar energy system”, a device or structural design feature, a substantial purpose of
2415	2415	2402which is to provide for the collection, storage and distribution of solar energy for space heating
2416	2416	2403or cooling, electricity generation or water heating.
2417	2417	2404 SECTION 111. Subsection (b) of section 9 of said chapter 395, as amended by section 2
2418	2418	2405of said chapter 57, is hereby further amended by adding the following sentence:- The
2419	2419	2406commission shall give substantial weight to the threat posed by climate change and to the
2420	2420	2407commonwealth’s obligation to meet statewide greenhouse gas emission limits and sublimits
2421	2421	2408established under chapter 21N of the General Laws when ruling on applications for certificates
2422	2422	2409of appropriateness for solar energy systems
2423	2423	2410 SECTION 112. Section 3 of chapter 470 of the acts of 1973 is hereby amended by
2424	2424	2411inserting after the definition of “Public place”, inserted by section 3 of chapter 845 of the acts of
2425	2425	24121975, the following definition:- 112 of 132
2426	2426	2413 “Solar energy system”, a device or structural design feature, a substantial purpose of
2427	2427	2414which is to provide for the collection, storage and distribution of solar energy for space heating
2428	2428	2415or cooling, electricity generation or water heating.
2429	2429	2416 SECTION 113. Clause (a) of the first paragraph of section 10 of said chapter 470 is
2430	2430	2417hereby amended by adding the following words:- ; provided, however, that the commission shall
2431	2431	2418give substantial weight to the threat posed by climate change and to the commonwealth’s
2432	2432	2419obligation to meet statewide greenhouse gas emission limits and sublimits established under
2433	2433	2420chapter 21N of the General Laws when ruling on applications for certificates of appropriateness
2434	2434	2421for solar energy systems.
2435	2435	2422 SECTION 114. Chapter 149 of the acts of 2014 is hereby amended by striking out section
2436	2436	24233.
2437	2437	2424 SECTION 115. Chapter 8 of the acts of 2021 is hereby amended by striking out section
2438	2438	242534 and 112.
2439	2439	2426 SECTION 116. Subsection (a) of section 81 of chapter 179 of the acts of 2022 is hereby
2440	2440	2427amended by striking out the figure “11”.
2441	2441	2428 SECTION 117. Said subsection (a) of said section 81 of said chapter 179 is hereby
2442	2442	2429further amended by inserting after the words “utilities or designee” the following words:- ; the
2443	2443	2430commissioner of standards or a designee; the chief executive officer of the Massachusetts clean
2444	2444	2431energy technology center or a designee; the executive director of the Cape Cod commission or a
2445	2445	2432designee. 113 of 132
2446	2446	2433 SECTION 118. The second paragraph of said subsection (a) of said section 81 of said
2447	2447	2434chapter 179 is hereby amended by striking out the words “and ( ix)” and inserting in place
2448	2448	2435thereof the following words:- (ix) estimates of the number of zero-emission medium- and heavy-
2449	2449	2436duty vehicle charging stations required to meet the commonwealth’s emissions limits and
2450	2450	2437sublimits pursuant to said chapter 21N; (x) a discussion of costs, permitting processes and
2451	2451	2438estimated timelines for installing charging stations for medium- and heavy-duty vehicles; and
2452	2452	2439(xi).
2453	2453	2440 SECTION 119. Said section 81 of said chapter 179 is hereby further amended by adding
2454	2454	2441the following subsection:-
2455	2455	2442 (f) The council shall be responsible for providing leadership and direction for the
2456	2456	2443deployment of electric vehicle charging infrastructure and electric vehicle chargers and shall
2457	2457	2444strive to ensure a network of convenient, affordable, reliable and equitable electric vehicle
2458	2458	2445chargers in the commonwealth. Responsibilities of the council shall include, but not be limited
2459	2459	2446to: (i) achieving the objectives and serving the purposes enumerated in this section; (ii)
2460	2460	2447monitoring the preparedness, staffing level, staff training and overall effectiveness of public and
2461	2461	2448private initiatives, activities, programs, agencies, offices and divisions involved in siting,
2462	2462	2449permitting, financing, installing, inspecting, maintaining or protecting consumer interactions
2463	2463	2450with electric vehicle chargers in the commonwealth; (iii) facilitating intergovernmental
2464	2464	2451coordination and effectiveness with respect to achieving the objectives and serving the purposes
2465	2465	2452enumerated in this section; (iv) achieving timely compliance with, and implementation and
2466	2466	2453administration of, standards, requirements and regulations promulgated by the National Electric
2467	2467	2454Vehicle Infrastructure Formula Program established pursuant to the Infrastructure Investment 114 of 132
2468	2468	2455and Jobs Act, Public Law 117-58; and (v) ensuring wayfinding signage on highways and on
2469	2469	2456streets adjacent to charging locations with information on such locations .
2470	2470	2457 Not later than July 31, 2025 or as part of the next periodic assessment compiled pursuant
2471	2471	2458to subsection (d), whichever occurs later, and every 2 years thereafter, the council shall report on
2472	2472	2459its efforts to lead and direct such deployment and its results to the senate and house committees
2473	2473	2460on ways and means and the joint committee on telecommunications, utilities and energy. The
2474	2474	2461council shall make such reports publicly available on the website of each secretariat with a
2475	2475	2462member serving on the council.
2476	2476	2463 SECTION 120. Said chapter 179 is hereby further amended by striking out section 82
2477	2477	2464and inserting in place thereof the following section:-
2478	2478	2465 Section 82. The department of energy resources may coordinate with 1 or more New
2479	2479	2466England states to consider competitive solicitations for long-term clean energy generation,
2480	2480	2467associated environmental attributes, transmission or capacity for the benefit of residents of the
2481	2481	2468commonwealth and the region. If the department of energy resources determines not later than
2482	2482	2469December 31, 2025 that a project would satisfy all of the benefits listed below, the electric
2483	2483	2470distribution companies shall enter into cost-effective long-term contracts. In its determination,
2484	2484	2471the department of energy resources shall determine if any proposals: (i) provide cost-effective
2485	2485	2472clean energy generation to electric ratepayers in the commonwealth and the region over the term
2486	2486	2473of the contract; (ii) provide the benefits of clean energy and associated transmission towards
2487	2487	2474meeting the commonwealth’s decarbonization goals; (iii) where possible, avoid, minimize or
2488	2488	2475mitigate, to the maximum extent practicable, environmental impacts and impacts to low-income
2489	2489	2476populations; and (iv) reduce ratepayer costs in winter months and improve energy security 115 of 132
2490	2490	2477during winter months. For the purposes of this section, a long-term contract shall mean a contract
2491	2491	2478with a term of 10 to 20 years. Eligible clean energy generation must contribute to achieving
2492	2492	2479compliance with limits and sublimits established pursuant to sections 3 and 3A of chapter 21N of
2493	2493	2480the General Laws. Associated transmission costs must be incorporated into a proposal. All
2494	2494	2481proposed contracts shall be subject to the review and approval of the department of public
2495	2495	2482utilities. The department of public utilities shall consider both potential costs and benefits of such
2496	2496	2483contracts and shall approve a contract only upon a finding that it is cost-effective, taking into
2497	2497	2484account the factors provided in this section.
2498	2498	2485 SECTION 121. Subsection (c) of section 84 of said chapter 179 is hereby amended by
2499	2499	2486striking out, the first, second and seventh time it appears, the figure “10” and inserting in place
2500	2500	2487thereof, in each instance, the following figure:- 11.
2501	2501	2488 SECTION 122. Said subsection (c) of said section 84 of said chapter 179 is hereby
2502	2502	2489further amended by inserting after the word “court”, the third time it appears, the following
2503	2503	2490words:- ; provided further, that such substitute applications shall have been submitted not later
2504	2504	2491than November 10, 2023.
2505	2505	2492 SECTION 123. The Massachusetts clean energy technology center shall conduct and
2506	2506	2493publish a study of prospects and opportunities for carbon dioxide removal innovation and
2507	2507	2494operations within the commonwealth or in waters not more than 50 nautical miles of the
2508	2508	2495commonwealth. Methods of carbon dioxide removal shall include, but not be limited to: (i)
2509	2509	2496sequestration and storage involving terrestrial mineralization or enhanced rock weathering; (ii)
2510	2510	2497sequestration and storage involving biochar, woody waste, agricultural waste or other waste
2511	2511	2498products; (iii) ocean-based solutions including electro-chemical alkalinity enhancement, marine 116 of 132
2512	2512	2499permaculture, deep-ocean sequestration and storage of biomass and coastal enhanced
2513	2513	2500weathering; (iv) construction materials and products, the production of which directly contributes
2514	2514	2501to the sequestration and storage of carbon dioxide or other greenhouse gases, including mass
2515	2515	2502timber; and (v) direct air capture paired with either durable geologic sequestration and storage or
2516	2516	2503durable sequestration and storage in the built environment including in concrete.
2517	2517	2504 The study shall include, but not be limited to: (i) cost considerations, including ranges of
2518	2518	2505likely prices per ton of carbon dioxide removed; (ii) the scale potential of various potential
2519	2519	2506carbon dioxide removal processes; (iii) the likely duration of various potential carbon dioxide
2520	2520	2507removal operations; (iv) projected start times of various activities and operations; (v) the
2521	2521	2508conservation efficiency of various activities and operations in terms of their use of water, land
2522	2522	2509and energy resources with explicit consideration of projects with low water, land and energy
2523	2523	2510requirements and of projects that exclusively employ renewable energy; (vi) the number of
2524	2524	2511potential jobs within the commonwealth, including research and development jobs, that are likely
2525	2525	2512to be created by various activities and operations; (vii) the potential of various activities and
2526	2526	2513operations to involve purchases of equipment and supplies from businesses located in the
2527	2527	2514commonwealth; (viii) the potential of various activities and operations to generate significant
2528	2528	2515agricultural, ecological or ecosystem co-benefits, harms or effects of ocean acidification on the
2529	2529	2516marine environment, habitats and species, including shellfish, lobsters and other commercially-
2530	2530	2517important fisheries in the waters of the commonwealth; (ix) the extent to which various activities
2531	2531	2518and operations may generate economic benefit to 1 or more disadvantaged communities; (x)
2532	2532	2519methods of measuring, reporting and verifying carbon dioxide removal technologies; and (xi)
2533	2533	2520recommended next steps, if any, for legislative or executive branch action. 117 of 132
2534	2534	2521 The center shall publish a draft study for comment not later than December 31, 2025 and
2535	2535	2522a final study not later than April 30, 2026.
2536	2536	2523 SECTION 124. Notwithstanding any general or special law to the contrary and subject to
2537	2537	2524availability of sufficient proceeds, the department of energy resources shall expend amounts
2538	2538	2525from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws
2539	2539	2526to fund the green communities program established in section 10 of chapter 25A of the General
2540	2540	2527Laws and the Electric Vehicle Adoption Incentive Trust Fund established in section 19 of said
2541	2541	2528chapter 25A through June 30, 2027. Payments made from the fund shall be prioritized by
2542	2542	2529directing initial payments to the green communities program and the Electric Vehicle Adoption
2543	2543	2530Incentive Trust Fund; provided, however, that not less than $27,000,000 shall be available for the
2544	2544	2531Electric Vehicle Adoption Incentive Trust Fund each fiscal year.
2545	2545	2532 SECTION 125. Notwithstanding any general or special law to the contrary, an energy
2546	2546	2533storage system, as defined in section 1 of chapter 164 of the General Laws, that is not less than
2547	2547	2534100 megawatt hours and has received a comprehensive exemption from local zoning by-laws
2548	2548	2535from the department of public utilities pursuant to section 3 of chapter 40A of the General Laws,
2549	2549	2536may petition the energy facilities siting board to obtain a certificate of environmental impact and
2550	2550	2537public interest if the petition is filed prior to the date when regulations are promulgated pursuant
2551	2551	2538to section 130.
2552	2552	2539 The energy facilities siting board shall consider such petition if the applicant is prevented
2553	2553	2540from building the energy storage system because: (i) it cannot meet standards imposed by a state
2554	2554	2541or local agency with reasonable and commercially available equipment;(ii)the processing or
2555	2555	2542granting by a state or local agency of any approval, consent, permit or certificate has been unduly 118 of 132
2556	2556	2543delayed for any reason; (iii) the applicant believes there are inconsistencies among resource use
2557	2557	2544permits issued by such state or local agencies; (iv) the applicant believes that a nonregulatory
2558	2558	2545issue or condition has been raised or imposed by such state or local agencies, including, but not
2559	2559	2546limited to, aesthetics and recreation; (v) the generating facility cannot be constructed due to any
2560	2560	2547disapprovals, conditions or denials by a state or local agency or body, except with respect to any
2561	2561	2548lands or interests therein, excluding public ways, owned or managed by any state agency or local
2562	2562	2549government; or (vi) the facility cannot be constructed because of delays caused by the appeal of
2563	2563	2550any approval, consent, permit, or certificate.
2564	2564	2551 The energy facilities siting board shall, upon petition, consider an application for a
2565	2565	2552certificate of environmental impact and public interest if it finds that any state or local agency
2566	2566	2553has imposed a burdensome condition or limitation on any license or permit. An energy storage
2567	2567	2554system, with respect to which a certificate is issued by the energy facilities siting board, shall
2568	2568	2555thereafter be constructed, maintained and operated in conformity with such certificate and any
2569	2569	2556terms and conditions contained therein.
2570	2570	2557 Notwithstanding any general or special law to the contrary, such certificate may be so
2571	2571	2558issued; provided, however, that when so issued no state agency or local government shall require
2572	2572	2559any approval, consent, permit, certificate or condition for the construction, operation or
2573	2573	2560maintenance of the energy storage system with respect to which the certificate is issued and no
2574	2574	2561state agency or local government shall impose or enforce any law, ordinance, by-law, rule or
2575	2575	2562regulation nor take any action nor fail to take any action which would delay or prevent the
2576	2576	2563construction, operation or maintenance of such energy storage system except as required by
2577	2577	2564federal law; provided, however, that the energy facilities siting board shall not issue a certificate,
2578	2578	2565the effect of which would be to grant or modify a permit, approval or authorization, which, if so 119 of 132
2579	2579	2566granted or modified by the appropriate state or local agency, would be invalid because of a
2580	2580	2567conflict with applicable federal water or air standards or requirements. A certificate, if issued,
2581	2581	2568shall be in the form of a composite of all individual permits, approvals or authorizations that
2582	2582	2569would otherwise be necessary for the construction and operation of the energy storage system
2583	2583	2570and that portion of the certificate which relates to subject matters within the jurisdiction of a state
2584	2584	2571or local agency shall be enforced by said agency under the other applicable laws of the
2585	2585	2572commonwealth as if it had been directly granted by the said agency.
2586	2586	2573 Energy storage systems that have not petitioned the department of public utilities for a
2587	2587	2574comprehensive exemption from local zoning by-laws pursuant to section 3 of chapter 40A prior
2588	2588	2575to March 1, 2026 shall not be eligible to petition the energy facilities siting board to obtain a
2589	2589	2576certificate of environmental impact and public interest under this section.
2590	2590	2577 SECTION 126. (a) For purposes of this section, the following words shall have the
2591	2591	2578following meanings unless the context clearly requires otherwise:
2592	2592	2579 "Approval", except as otherwise provided in subsection (b), any permit, certificate, order,
2593	2593	2580excluding enforcement orders, license, certification, determination, exemption, variance, waiver,
2594	2594	2581building permit or other approval or determination of rights from any municipal, regional or state
2595	2595	2582governmental entity, including any agency, department, commission or other instrumentality of
2596	2596	2583the municipal, regional or state governmental entity, concerning the use or development of real
2597	2597	2584property, including certificates, licenses, certifications, determinations, exemptions, variances,
2598	2598	2585waivers, building permits or other approvals or determination of rights issued or made under
2599	2599	2586chapter 21, chapter 21A excepting section 16, chapter 21D, sections 61 to 62H, inclusive, of
2600	2600	2587chapter 30, chapters 30A, 40, 40A to 40C, inclusive, 40R, 41, 43D, section 21 of chapter 81, 120 of 132
2601	2601	2588chapter 91, chapter 131, chapter 131A, chapter 143, sections 4 and 5 of chapter 249 or chapter
2602	2602	2589258 of the General Laws or chapter 665 of the acts of 1956 or any local by-law or ordinance.
2603	2603	2590 "Clean energy infrastructure project", a project involving the construction, reconstruction,
2604	2604	2591conversion, relocation or enlargement of any renewable energy generating source, as defined in
2605	2605	2592subsection (c) of section 11F of chapter 25A of the General Laws, any energy storage system, as
2606	2606	2593defined in section 1 of chapter 164 of the General Laws, any transmission facility or distribution
2607	2607	2594facility, as defined in said section 1 of said chapter 164, or related infrastructure, including
2608	2608	2595substations, and any other project that may be so designated as a clean energy infrastructure
2609	2609	2596project by the department of energy resources.
2610	2610	2597 (b) (1) Notwithstanding any general or special law to the contrary, any approval granted
2611	2611	2598for a clean energy generation or storage project that was in effect from October 22, 2020 to
2612	2612	2599August 1, 2024, inclusive, shall be extended to August 1, 2029.
2613	2613	2600 (2) A clean energy infrastructure project shall be governed by the applicable provisions
2614	2614	2601of any state, regional or local statute, regulation, ordinance or by-law, if any, in effect at the time
2615	2615	2602of the initial approval granted for such project, unless the owner or petitioner of such project
2616	2616	2603elects to waive the provisions of this section.
2617	2617	2604 (3) Nothing in this section shall extend or purport to extend: (i) a permit or approval
2618	2618	2605issued by the government of the United States or an agency or instrumentality of the government
2619	2619	2606of the United States or to a permit or approval of which the duration of effect or the date or terms
2620	2620	2607of its expiration are specified or determined by or under law or regulation of the federal
2621	2621	2608government or any of its agencies or instrumentalities; or (ii) a permit, license, privilege or 121 of 132
2622	2622	2609approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws
2623	2623	2610for hunting, fishing or aquaculture.
2624	2624	2611 (4) If an owner or petitioner sells or otherwise transfers a property or project, in order to
2625	2625	2612receive approval for an extension, the new owner or petitioner shall agree to assume all
2626	2626	2613commitments made by the original owner or petitioner under the terms of the approval,
2627	2627	2614otherwise the approval shall not be extended under this section.
2628	2628	2615 SECTION 127. The office of environmental justice and equity established pursuant to
2629	2629	2616section 29 of chapter 21A of the General Laws shall establish standards and guidelines for
2630	2630	2617community benefit plans and agreements as required by said section 29 of said chapter 21A not
2631	2631	2618later than March 1, 2026 and shall establish the cumulative impacts analysis guidance required
2632	2632	2619under said section 29 of said chapter 21A before the energy facilities siting board regulations
2633	2633	2620required by section 130 are promulgated.
2634	2634	2621 SECTION 128. The executive office of energy and environmental affairs shall coordinate
2635	2635	2622and convene a stakeholder process with the agencies and offices under its jurisdiction and any
2636	2636	2623other relevant local, regional and state agencies with a permitting role in energy related
2637	2637	2624infrastructure to establish the methodology for determining the suitability of sites and associated
2638	2638	2625guidance required by section 30 of chapter 21A of the General Laws not later than March 1,
2639	2639	26262026.
2640	2640	2627 SECTION 129. The department of energy resources shall promulgate regulations to
2641	2641	2628implement section 22 of chapter 25A of the General Laws not later than March 1, 2026.
2642	2642	2629 SECTION 130. The energy facilities siting board shall promulgate regulations to
2643	2643	2630implement the changes to sections 69G to 69J1/4, inclusive, sections 69O and 69P, sections 69R 122 of 132
2644	2644	2631and 69S and sections 69T to 69W, inclusive, of chapter 164 of the General Laws not later than
2645	2645	2632March 1, 2026. In promulgating said regulations, the board shall consult with the department of
2646	2646	2633public utilities, the department of energy resources, the department of environmental protection,
2647	2647	2634the department of fish and game, the department of conservation and recreation, the department
2648	2648	2635of agricultural resources, the Massachusetts environmental policy act office, the Massachusetts
2649	2649	2636Department of Transportation, the executive office of public safety and security and all other
2650	2650	2637agencies, authorities and departments whose approval, order, order of conditions, permit, license,
2651	2651	2638certificate or permission in any form is required prior to or for construction of a facility, small
2652	2652	2639clean energy infrastructure facility or large clean energy infrastructure facility.
2653	2653	2640 SECTION 131. The department of public utilities and the energy facilities siting board, in
2654	2654	2641consultation with the office of environmental justice and equity established by section 29 of
2655	2655	2642chapter 21A of the General Laws and the office of the attorney general, shall promulgate
2656	2656	2643regulations to implement section 149 of chapter 164 of the General Laws not later than March 1,
2657	2657	26442026.
2658	2658	2645 SECTION 132. The department of public utilities shall commission a management study
2659	2659	2646to assess: (i) the likely workload of the energy facilities siting board based on the new
2660	2660	2647requirements of this act and the commonwealth’s clean energy and climate plans; (ii) the
2661	2661	2648workforce qualifications needed to implement this act; (iii) the cost associated with the hiring
2662	2662	2649and retention of qualified professionals and consultants to successfully complete that work
2663	2663	2650required pursuant to this act; and (iv) the design, population and maintenance of a real-time,
2664	2664	2651online clean energy infrastructure dashboard, as required to be maintained by the facility siting
2665	2665	2652division pursuant to section 12N of chapter 25 of the General Laws. The funding and staffing
2666	2666	2653resource requirements identified in the management study shall be reported to the joint 123 of 132
2667	2667	2654committee on ways and means, the joint committee on telecommunications, utilities and energy,
2668	2668	2655the secretary of energy and environmental affairs and the secretary of administration and finance
2669	2669	2656not later than December 1, 2024. The secretary of energy and environmental affairs and the
2670	2670	2657secretary of administration and finance shall within 60 days of their receipt of the study provide
2671	2671	2658recommendations to the joint committee on ways and means and the joint committee on
2672	2672	2659telecommunications, utilities and energy on options to implement any proposed
2673	2673	2660recommendations of the study.
2674	2674	2661 SECTION 133. The department of energy resources shall convene a stakeholder working
2675	2675	2662group to develop recommendations for regulatory and legislative changes that may be necessary
2676	2676	2663to encourage the construction and operation of solar power generating canopies. The
2677	2677	2664recommendations shall be designed to contribute to the state’s greenhouse gas emission limits
2678	2678	2665and sublimits established pursuant to chapter 21N of the General Laws and facilitate the
2679	2679	2666development and deployment of solar canopies in a cost-effective manner. The working group
2680	2680	2667shall be convened not later than September 30, 2024. The working group shall consist of the
2681	2681	2668commissioner of energy resources or a designee, who shall serve as chair, and the following
2682	2682	2669members to be appointed by the secretary of energy and environmental affairs: a representative
2683	2683	2670of the commercial real estate sector; a representative of the residential real estate sector; a
2684	2684	2671representative of the organized labor industry; a representative of the solar energy industry; a
2685	2685	2672representative of an environmental group concerned with energy; a representative of the
2686	2686	2673construction industry; a representative of an electric utility or organization representing electric
2687	2687	2674utilities; a representative of local government; a person with expertise in energy siting; and a
2688	2688	2675person with expertise in solar energy and energy efficiency. The working group shall submit its
2689	2689	2676report to the joint committee on telecommunications, utilities and energy, the senate and house 124 of 132
2690	2690	2677committees on global warming and climate change and the clerks of the senate and house of
2691	2691	2678representatives not later than December 31, 2024.
2692	2692	2679 SECTION 134. Notwithstanding any general or special law to the contrary, the
2693	2693	2680department of public utilities, in consultation with the department of energy resources, shall
2694	2694	2681amend any applicable rules, regulations and tariffs to permit the transfer of credits from an
2695	2695	2682alternative on-bill credit generation unit, as defined by regulations of the department of energy
2696	2696	2683resources, to customers of any electric distribution company located in the commonwealth.
2697	2697	2684 SECTION 135. The office of coastal zone management, in consultation with the
2698	2698	2685department of fish and game, shall study the process and efficacy of storing carbon in coastal and
2699	2699	2686marine ecosystems including, but not limited to, wetlands, salt marshes, seagrasses and
2700	2700	2687waterways. The office shall submit the results of the study to the secretary of energy and
2701	2701	2688environmental affairs and the clerks of the senate and house of representatives not later than
2702	2702	2689January 1, 2028.
2703	2703	2690 SECTION 136. Notwithstanding any general or special law to the contrary, the executive
2704	2704	2691office of housing and livable communities, in consultation with the department of public health,
2705	2705	2692shall study whether to apply for funding to include cooling assistance in the application to the
2706	2706	2693United States Department of Health and Human Services for the Low Income Home Energy
2707	2707	2694Assistance Program. The study shall include, but not be limited to: (i) the number of households
2708	2708	2695that could qualify for cooling assistance, including the number of qualifying households that
2709	2709	2696reside in heat islands; (ii) the potential health impacts of offering cooling assistance including,
2710	2710	2697but not limited to, the impact on the rate of heat-related illness and the effect on individuals
2711	2711	2698suffering from chronic illnesses; and (iii) whether offering cooling assistance would impact the 125 of 132
2712	2712	2699ability of the commonwealth to offer heating assistance. The secretary of housing and livable
2713	2713	2700communities shall report the findings of this study and a recommendation for any actions taken
2714	2714	2701pursuant to this section to the clerks of the senate and house of representatives, the senate and
2715	2715	2702house committees on ways and means, the joint committee on telecommunications, utilities and
2716	2716	2703energy and the joint committee on housing not later than January 1, 2025.
2717	2717	2704 SECTION 137. The secretary of energy and environmental affairs shall review existing
2718	2718	2705flood risk mapping resources and assess the need for and feasibility of creating additional flood
2719	2719	2706risk mapping resources to identify areas vulnerable to current and future flooding across the
2720	2720	2707commonwealth.
2721	2721	2708 The secretary shall develop recommendations, including any legislation or funding
2722	2722	2709necessary, to support any additional required flood risk mapping resources and shall its submit
2723	2723	2710recommendations to the joint committee on environment and natural resources, the climate chief,
2724	2724	2711the house and senate committees on ways and means and the clerks of the senate and house of
2725	2725	2712representatives not later than December 31, 2024. The recommendations shall also be made
2726	2726	2713available to the public on the website of the executive office of energy and environmental affairs.
2727	2727	2714 SECTION 138. (a) The Massachusetts Bay Transportation Authority shall develop and
2728	2728	2715implement short-term, medium-term and long-term plans for each line of the commuter rail
2729	2729	2716system ensuring that the line is fully integrated into the commonwealth’s transportation system
2730	2730	2717and designed to make the system more productive, equitable and decarbonized. Each plan shall
2731	2731	2718maximize the ridership returns on investment and shall be designed to meet statewide
2732	2732	2719greenhouse gas emissions limits and sublimits established in chapter 21N of the General Laws. 126 of 132
2733	2733	2720 (b)(1) The authority shall include in the short-term plan immediate action items to run
2734	2734	2721fully decarbonized service along the Providence/Stoughton commuter rail line, the Fairmont
2735	2735	2722commuter rail line and the segment of the Newburyport commuter rail line and the Rockport
2736	2736	2723commuter rail line that extends from the city of Boston to the city of Beverly. The plan shall
2737	2737	2724include, but not be limited to: (i) a detailed critical path schedule for each phase; (ii) cash flow
2738	2738	2725needs organized by fiscal year through completion of each phase; (iii) a regional strategy to
2739	2739	2726receive all necessary environmental approvals and permits; (iv) identification of needs from
2740	2740	2727utilities to achieve adequate and redundant power to update the system; (v) a platform strategy
2741	2741	2728that would enable the utilization of fully automated doors; (vi)target completion dates; (vii) a
2742	2742	2729conceptual work plan; and (viii) a schedule outlining the work to be pursued in 2025 and 2026.
2743	2743	2730 (2) The authority shall include in its medium-term and long-term plans a comprehensive
2744	2744	2731and specific plan to electrify the remainder of the commuter rail fleet for all commuter rail lines
2745	2745	2732not later than December 31, 2029 as necessary to maximize the ridership returns on investment
2746	2746	2733and meet statewide greenhouse gas emissions limits and sublimits established in chapter 21N of
2747	2747	2734the General Laws. The plan shall include, but not be limited to, necessary updates to layover and
2748	2748	2735maintenance facilities, necessary infrastructure upgrades and a schedule for fleet design, testing,
2749	2749	2736procurement and deployment. The plan shall also include a detailed approach to platform heights
2750	2750	2737that would enable the deployment of fully automated doors.
2751	2751	2738 (c) The authority shall publish and receive public comment on its short-term plan under
2752	2752	2739paragraph (1) of subsection (b) not later than November 1, 2024 or 180 days after the effective
2753	2753	2740date of this act, whichever is later. The authority shall publish and receive public comment on its
2754	2754	2741medium-term and long-term plans under paragraph (2) of said subsection (b) not later than
2755	2755	2742December 31, 2025 or 180 days after the effective date of this act, whichever is later. 127 of 132
2756	2756	2743 SECTION 139. Orders restricting coastal wetlands recorded pursuant to section 105 of
2757	2757	2744chapter 130 of the General Laws prior to July 1, 2024, and orders restricting inland wetlands
2758	2758	2745recorded pursuant to section 40A of chapter 131 of the General Laws prior to July 1, 2024, shall
2759	2759	2746permit or allow ecological restoration projects as defined in 310 CMR 10.04; provided, however,
2760	2760	2747that such ecological restoration project is permitted by the department of environmental
2761	2761	2748protection or local issuing authority pursuant to section 40 of said chapter 131 and applicable
2762	2762	2749regulations.
2763	2763	2750 SECTION 140. There shall be a special commission to study the impacts on the fossil
2764	2764	2751fuel workforce caused by public and private efforts to reduce greenhouse gas emissions and
2765	2765	2752transition from fossil fuels to clean energy. The commission shall seek to measure and monitor
2766	2766	2753the impact on fossil fuel workers and industries and examine ways to increase access to
2767	2767	2754employment, training and workforce opportunities in clean energy industries and related fields.
2768	2768	2755 The commission shall consist of: the secretary of labor and workforce development or a
2769	2769	2756designee, who shall serve as co-chair; the commissioner of energy resources or a designee, who
2770	2770	2757shall serve as co-chair; the secretary of economic development or a designee; the director of
2771	2771	2758environmental justice and equity or a designee; the executive director of the Massachusetts clean
2772	2772	2759energy technology center or a designee; 8 members to be appointed by the governor, 1 of whom
2773	2773	2760shall be a representative of employers in the gas utility sector, 1 of whom shall be a
2774	2774	2761representative of employers in the electric power generation sector, 1 of whom shall be a
2775	2775	2762representative of employers in the renewable electricity sector, 1 of whom shall be a
2776	2776	2763representative of employers in the energy efficiency sector, 1 of whom shall be a representative
2777	2777	2764of employers in the clean transportation sector, 1 of whom shall be a representative of employers
2778	2778	2765in the clean heating sector and 2 of whom shall work in or be affiliated with a higher education 128 of 132
2779	2779	2766university with educational expertise in labor policy and the fossil fuel or clean energy workforce
2780	2780	2767and 5 of whom shall be recommended by the president of the Massachusetts AFL-CIO, 1 of
2781	2781	2768whom shall be a representative of employees in the gas utility sector, 1 of whom shall be a
2782	2782	2769representative of employees in the electric power generation sector, 2 of whom shall be
2783	2783	2770representatives of employees in the clean energy sector and 1 of whom shall be a representative
2784	2784	2771of employees in the transportation sector; the president of the Massachusetts Building Trades;
2785	2785	2772and 2 representatives of environmental justice communities appointed by the director of
2786	2786	2773environmental justice and equity.
2787	2787	2774 The work of the commission shall include, but not be limited to, identifying workers
2788	2788	2775currently employed in the energy sector by industry, trade and job classification, including an
2789	2789	2776analysis of wage and benefit packages and current licensing, certification and training
2790	2790	2777requirements. The commission shall recommend education and training programs to enhance re-
2791	2791	2778employment opportunities within the energy sector and services to support dislocated workers
2792	2792	2779displaced from jobs within the energy sector as a result of public or private efforts to reduce
2793	2793	2780greenhouse gas emissions or transition from fossil fuels to clean energy and advancements in
2794	2794	2781clean energy technology. The commission shall, not later than December 31, 2024, issue a
2795	2795	2782report, including any plans and recommendations, to the clerks of the senate and house of
2796	2796	2783representatives and shall issue a final report, including any plans and recommendations, not later
2797	2797	2784than December 31, 2025.
2798	2798	2785 SECTION 141. The department of environmental protection shall conduct a study of the
2799	2799	2786opportunities for, and potential strengths and weaknesses of, an expanded reusable beverage
2800	2800	2787container return and refill system pursuant to which beverage containers would be collected for
2801	2801	2788reuse, washed and refilled. For the purposes of this section, “reusable beverage container” shall 129 of 132
2802	2802	2789have the same meaning as ascribed to it in section 321 of chapter 94 of the General Laws. Not
2803	2803	2790later than December 31, 2025, the department shall publish for public comment a draft of the
2804	2804	2791study required under this section and shall submit the final study to the clerks of the senate and
2805	2805	2792the house of representatives not later than May 1, 2026; provided, however, that the final study
2806	2806	2793shall also be published on the department’s website.
2807	2807	2794 SECTION 142. Not later than July 31, 2025, the department of public utilities shall open
2808	2808	2795a proceeding to encourage right-of-way or pole-mounted electric vehicle supply equipment
2809	2809	2796throughout the commonwealth and shall require certain parties as it may identify, including, but
2810	2810	2797not limited to, electric distribution companies as defined in section 1 of chapter 164 of the
2811	2811	2798General Laws, to submit plans to facilitate the deployment of such equipment.
2812	2812	2799 Not later than December 31, 2025, electric distribution companies and such other parties
2813	2813	2800as the department may identify shall file plans with the department for establishing such
2814	2814	2801equipment throughout the commonwealth. Such plans may: (i) include schedules and calendar
2815	2815	2802dates for deploying the equipment, making chargers operational and meeting other requirements
2816	2816	2803as set by the department; (ii) promote partnerships between companies and municipalities or
2817	2817	2804other governmental entities; (iii) ensure accessibility and affordability for rural communities and
2818	2818	2805low and moderate-income populations, including renters; (iv) favor chargers at Level 2 and
2819	2819	2806higher capacity; (v) promote the use of poles owned by, or under the control of, electric
2820	2820	2807distribution companies; (vi) review potential funding mechanisms and sources including, but not
2821	2821	2808limited to, off-peak charging rate structures; (vii) review potential funding mechanisms, sources
2822	2822	2809and liability provisions for ensuring routine maintenance and a state of good repair; and (viii)
2823	2823	2810require annual reporting and tabulations including, but not limited to: (A) the number of
2824	2824	2811equipment installations completed, identified by specific location; (B) pricing and consumer 130 of 132
2825	2825	2812costs; (C) the number of supply equipment outages, identified by specific location, together with
2826	2826	2813estimates of downtime; and (D) identification of software and hardware malfunctions or
2827	2827	2814characteristics or labor or parts shortages that may have contributed to excessive equipment
2828	2828	2815outages or downtimes; provided, however, that such annual reporting and tabulations may be
2829	2829	2816coordinated with, or delegated to, the division of standards.
2830	2830	2817 Not later than July 31, 2026, the department shall approve, approve with conditions or
2831	2831	2818reject such plans; provided, however, that nothing in this section shall conflict with or delay
2832	2832	2819pole-mounted electric vehicle supply equipment installations that are underway before a relevant
2833	2833	2820departmental approval.
2834	2834	2821 SECTION 143. The department of public utilities shall promulgate regulations to
2835	2835	2822implement section 67 including, but not limited to, the establishment of a moderate income
2836	2836	2823discount eligibility rate following an investigation thereof.
2837	2837	2824 SECTION 144. Not later than December 31, 2024, the department of public utilities shall
2838	2838	2825promulgate regulations governing the terms, including notice requirements and provisions
2839	2839	2826protecting customers from service interruption, under which a gas company may terminate
2840	2840	2827natural gas service pursuant to subsection (h) of section 145 of chapter 164 of the General Laws.
2841	2841	2828 SECTION 145. The department of energy resources shall publish the first resource
2842	2842	2829solicitation plan required under subsection (c) of section 21 of chapter 25A of the General Laws
2843	2843	2830not later than July 31, 2026.
2844	2844	2831 SECTION 146. Not later than June 1, 2029, the director of public participation
2845	2845	2832established in section 12T of chapter 25 of the General Laws shall complete a review of the
2846	2846	2833intervenor support grant program established in section 149 of chapter 164 of the General Laws 131 of 132
2847	2847	2834and provide an opportunity for public comment to determine whether the program and
2848	2848	2835corresponding regulations should be amended.
2849	2849	2836 SECTION 147. Notwithstanding any general or special law to the contrary and not later
2850	2850	2837than July 31, 2025, the executive office of housing and livable communities, in consultation with
2851	2851	2838the executive office of energy and environmental affairs, shall promulgate rules or regulations to
2852	2852	2839implement a cradle-to-grave life cycle assessment in accordance with International Standard ISO
2853	2853	284014040 and ISO 14044 of state-funded housing projects. The assessment shall encompass the full
2854	2854	2841life cycle including, but not limited to: (i) resource extraction through demolition and disposal;
2855	2855	2842and (ii) on-site construction, operations, maintenance and replacement, and material-and
2856	2856	2843product-embodied acquisition, processing and transportation energy.
2857	2857	2844 SECTION 148. The embodied carbon intergovernmental coordinating council shall
2858	2858	2845submit the initial embodied carbon reduction plan under section 24 of chapter 25 of the General
2859	2859	2846Laws to the clerks of the senate and house of representatives not later than July 31, 2025.
2860	2860	2847 SECTION 149. The initial regulations required to be promulgated by the executive office
2861	2861	2848of energy and environmental affairs or its designated agency under section 31 of chapter 31A of
2862	2862	2849the General Laws and the initial regulations required to be promulgated by division of standards
2863	2863	2850in the office of consumer affairs and business regulation under section 59 of chapter 98 of the
2864	2864	2851General Laws shall be completed not later than February 1, 2026 and shall apply to chargers
2865	2865	2852installed on or after June 1, 2026.
2866	2866	2853 SECTION 150. Sections 12 to 15, inclusive, shall take effect on January 1, 2028.
2867	2867	2854 SECTION 151. Section 40 shall take effect on June 30, 2029. 132 of 132
2868	2868	2855 SECTION 152. Section 55 shall take effect on January 1, 2026.
2869	2869	2856 SECTION 153. Section 58 shall take effect on February 1, 2026.
2870	2870	2857 SECTION 154. Section 107A shall take effect on March 1, 2027.