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