SENATE . . . . . . . . . . . . . . . No. 2967
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023- 2024)
_______________
SENATE, October 21, 2024
Report of the committee of conference on the disagreeing votes of the two branches with
reference to the House amendment to the Senate Bill upgrading the grid and protecting
ratepayers (Senate, No. 2838) (amended by the House by striking out all after the enacting clause
and inserting in place thereof the text of House document numbered 4884),-- reports, a “Bill
promoting a clean energy grid, advancing equity and protecting ratepayers” (Senate, No. 2967).
For the Committee:
Michael J. Barrett Jeffrey N. Roy
Cynthia Stone Creem Richard M. Haggerty
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SENATE . . . . . . . . . . . . . . No. 2967
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023- 2024)
_______________
An Act promoting a clean energy grid, advancing equity 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:
SECTION 1. Section 30 of chapter 7C of the General Laws, as appearing in the 2022 1
Official Edition, is hereby amended by striking out, in line 4, the words “the energy consumption 2
of” and inserting in place thereof the following words:- the: (i) energy consumption of; (ii) 3
energy efficiency of; and (iii) greenhouse gas emissions directly attributable to. 4
SECTION 2. Said section 30 of said chapter 7C, as so appearing, is hereby further 5
amended by striking out, in lines 10 and 11, the words “energy conservation maintenance and 6
operating procedures” and inserting in place thereof the following words:- maintenance and 7
operating procedures for energy conservation, energy efficiency and greenhouse gas emissions 8
reductions. 9
SECTION 3. Said section 30 of said chapter 7C, as so appearing, is hereby further 10
amended by striking out, in line 13, the words “energy efficiency standards” and inserting in 11
place thereof the following words:- standards for energy efficiency and greenhouse gas 12
emissions reductions. 13 2 of 139
SECTION 4. Said chapter 7C is hereby further amended by adding the following 14
section:- 15
Section 73. (a) As used in this section, the following words shall have the following 16
meanings unless the context clearly requires otherwise:- 17
“Division”, the division of capital asset management and maintenance. 18
“Environmental product declaration” or “EPD”, an independently verified and registered 19
declaration that provides a life cycle assessment of a product’s global warming potential and 20
facilitates a comparison of environmental impacts between products fulfilling the same function; 21
provided, however, that such declaration shall be a Type III or higher as defined by the 22
International Organization for Standardization (ISO), 14025:2006, or substantially similar life 23
cycle assessment and comparative methodologies that have uniform standards in data collection 24
and scientific integrity, and any pertinent product category rule developed in conformance with 25
ISO 14025:2006. 26
“Global warming potential”, a numeric value that measures the total contribution to 27
global warming from the emission of greenhouse gasses or the elimination of greenhouse gas 28
sinks. 29
“Life cycle assessment” or “LCA”, an assessment used to calculate the environmental 30
primary and secondary impacts of a product, service or process over the lifetime of such product, 31
service or process. 32
“Low-embodied carbon material”, material used in building and transportation 33
construction that has been verified by the division to embody carbon emissions that are 34 3 of 139
sufficiently low, based on a threshold set by the division, as compared to the embodied carbon 35
emissions of a conventional material fulfilling the same function. 36
(b) There shall be within the division, but not subject to the control of the division, an 37
embodied carbon intergovernmental coordinating council. The council shall consist of: the 38
commissioner of capital asset management and maintenance or a designee, who shall serve as 39
co-chair; the climate chief or equivalent climate official within the office of the governor or a 40
designee, who shall serve as co- chair; the secretary of energy and environmental affairs or a 41
designee; the secretary of transportation or a designee; the secretary of housing and livable 42
communities or a designee; the secretary of administration and finance or a designee; the 43
secretary of economic development or a designee; the chief executive officer of the 44
Massachusetts Port Authority or a designee; the general manager of the Massachusetts Bay 45
Transportation Authority or a designee; the chief executive officer of the Massachusetts clean 46
energy technology center or a designee; the chair of the board of building regulations and 47
standards or a designee; the chairs of the joint committee on telecommunications, utilities and 48
energy or their designees and the house and senate minority leaders or their designees, who shall 49
serve as nonvoting members with respect to any spending matters; and 5 persons who shall be 50
appointed by the governor, 1 of whom shall be a representative of the building trades, 1 of whom 51
shall be a general contractor, 1 of whom shall be a licensed architect with expertise in using low-52
embodied carbon materials of construction, 1 of whom shall be a structural engineer who shall be 53
a licensed professional engineer with expertise in using low-embodied carbon materials of 54
construction, and 1 of whom shall be the executive director of a regional planning agency. The 55
council shall not be a public body as defined in section 18 of chapter 30A; provided, however, 56 4 of 139
that the council shall hold a public meeting not less than quarterly while the council is 57
developing the plan pursuant to subsection (f). 58
(c) The council shall prepare an embodied carbon reduction plan, which shall include, but 59
shall not be limited to, strategies to measure, monitor and reduce embodied carbon. The plan 60
shall: (i) with respect to major building and transportation projects of executive offices, 61
departments, divisions, centers, agencies and authorities of state and municipal governments, 62
include, but not be limited to, steps to encourage and, where appropriate, recommend requiring: 63
(a) environmental product declarations for construction materials commonly used in such 64
projects; and (b) the use of low-embodied carbon materials, with particular attention to cement 65
and concrete mixtures, steel, glass, asphalt and asphalt mixtures and wood, in such projects; (ii) 66
review progress in research, development and commercialization of low-embodied carbon 67
technologies and materials in the government, private and nonprofit sectors within and outside of 68
the commonwealth; (iii) make recommendations for establishing a process to set, on or before 69
January 1, 2026, maximum global warming potential values for products likely to be used in 70
such building and transportation projects including, but not limited to, cement and concrete 71
mixtures, steel, glass, asphalt and asphalt mixtures and wood; (iv) develop recommended 72
procedures for the use of: (a) EPDs in state government contracting and procurement; and (b) 73
low-embodied carbon materials in the commonwealth, where available and at reasonable cost, 74
including conditions under which waivers may be obtained; (v) examine current laws, 75
regulations, policies and guidelines that affect the use of EPDs and low-embodied carbon 76
materials in the private and nonprofit sectors and recommend laws, regulations, policies or 77
guidelines to increase the use of EPDs and low-embodied carbon materials; and (vi) consider 78
interactions between embodied carbon and operational carbon to ensure policy recommendations 79 5 of 139
to reduce embodied carbon will also contribute to the reduction of operational carbon. The 80
council shall consider: (i) the best approaches to integrate the reduction of embodied carbon into 81
the state building code, including the stretch and specialized stretch energy code pursuant to 82
section 96 of chapter 143 and the state building code; and (ii) best practices to incentivize and 83
enhance the reuse of building materials and decrease building demolition. 84
(d) The council shall meet regularly and seek data, input and advice related to EPDs and 85
low-embodied carbon materials from stakeholders, which shall include, but not be limited to, 86
companies, contractors and subcontractors involved in construction, architecture, engineering, 87
design and procurement and organizations and associations of such companies, contractors and 88
subcontractors, academic and nonprofit institutions with relevant missions and activities, labor 89
organizations involved in construction and transportation, organizations focused on 90
environmental, energy and climate policy and perspectives and groups representing consumers, 91
including, but not limited to, low income consumers. The council shall hold not less than 3 92
public hearings in geographically diverse areas of the commonwealth prior to finalizing the plan. 93
(e) The division and the executive office of energy and environmental affairs shall 94
provide administrative support to the council. 95
(f) The council shall update the plan and submit the updated plan and a progress report at 96
least every 2 years to the senate and house committees on ways and means, the joint committee 97
on state administration and regulatory oversight and the joint committee on telecommunications, 98
utilities and energy and shall cause the plan and the report to be publicly available on the website 99
of each cabinet official, executive office, department, division, center, agency and authority 100
represented on the council. 101 6 of 139
SECTION 5. Chapter 21A of the General Laws is hereby amended by adding the 102
following 3 sections:- 103
Section 29. There shall be an office of environmental justice and equity within the 104
executive office of energy and environmental affairs, which shall be administered by an 105
undersecretary of environmental justice and equity who shall be appointed and may be removed 106
by the secretary of energy and environmental affairs. The office shall be responsible for 107
implementing environmental justice principles, as defined in section 62 of chapter 30, in the 108
operation of each office and agency under the executive office. The office shall develop 109
standards and guidelines governing the potential use and applicability of: (i) community benefit 110
plans and agreements; and (ii) cumulative impact analyses in developing energy infrastructure 111
with input from representatives of utilities, the renewable energy industry, local government, 112
environmental justice community organizations, environmental sectors and other representatives 113
as deemed appropriate by the office. 114
Section 30. The executive office of energy and environmental affairs shall establish and 115
periodically update a methodology for determining the suitability of sites for clean energy 116
generation facilities, clean energy storage facilities and clean transmission and distribution 117
infrastructure facilities in newly established public rights of way. The methodology shall include 118
multiple geospatial screening criteria to evaluate sites for: (i) development potential; (ii) climate 119
change resilience; (iii) carbon storage and sequestration; (iv) biodiversity; and (v) social and 120
environmental benefits and burdens. The executive office shall require facility development 121
project proponents to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate 122
siting impacts and environmental and land use concerns. The executive office shall develop and 123
periodically update guidance to inform state, regional and local regulations, ordinances, by-laws 124 7 of 139
and permitting processes on ways to avoid, minimize or mitigate impacts on the environment and 125
people to the greatest extent practicable. 126
Section 31. (a) For the purposes of this section, the following words shall have the 127
following meanings unless the context clearly requires otherwise:- 128
“Charger”, a device having at least 1 charging port and connector for charging electric 129
vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment. 130
“Charging network provider”, the entity that operates the digital communication network 131
that remotely manages the chargers, which may include charging station operators and 132
manufacturer chargers. 133
“Charging station”, a charger or group of chargers and the area in the immediate vicinity 134
of such charger or group of chargers, which may include, at the discretion of the regulating 135
entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress 136
and egress; provided, however, that a charging station may comprise only part of the property on 137
which it is located. 138
“Charging station operator”, an entity that owns or provides the chargers and the 139
supporting equipment and facilities at charging stations and is responsible for the operation and 140
maintenance of the chargers and the supporting equipment and facilities; provided, however, that 141
such operator may delegate responsibility for certain aspects of the charging station operation 142
and maintenance to subcontractors. 143
“Connector” or “Plug”, a device that attaches an electric vehicle to a charging port to 144
transfer electricity. 145 8 of 139
“Direct current fast charger”, a charger that enables rapid charging by delivering direct-146
current, or DC current, electricity directly to an electric vehicle’s battery. 147
“Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a 148
plug-in hybrid electric vehicle equipped with an on- board electrical energy storage device that 149
can be recharged from an external source of electricity and has the capability to run on another 150
fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or 151
other micromobility device. 152
“Electric vehicle charging services”, the transfer of electric energy from an electric 153
vehicle charging station to a battery or other storage device in an electric vehicle and related 154
billing services, networking and operation and maintenance. 155
“Electric vehicle supply equipment”, a device, including at least 1 charging port and 156
connector, for charging electric vehicles; provided, however, that the term “electric vehicle 157
supply equipment” shall also mean a charger. 158
“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-159
phase input voltage nominally 120 volts alternating current and maximum output current of not 160
more than 16 amperes alternating current. 161
“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-162
phase input voltage range from 208 volts to 240 volts alternating current and maximum output 163
current of not more than 80 amperes alternating current. 164
“National Electric Vehicle Infrastructure Formula Program”, the federal program 165
established pursuant to the Infrastructure Investment and Jobs Act, Public Law 117- 58, pursuant 166 9 of 139
to which the Federal Highway Administration provides funding to the states to facilitate the 167
strategic, nationwide deployment of electric vehicle infrastructure and the related establishment 168
of an interconnected, interstate network that is designed to facilitate data collection, access and 169
reliability in association with the increased use of electric vehicles and electric vehicle 170
infrastructure. 171
“Public electric vehicle charging station”, an electric vehicle charging station located at a 172
publicly- available parking space. 173
“Publicly-available parking space”, a parking space that has been designated by a 174
property owner or lessee to be available to and accessible by the public and may include on-175
street parking spaces and parking spaces in surface lots or parking garages; provided, however, 176
that “publicly-available parking space” shall not include a parking space that is part of or 177
associated with residential real property containing not more than 4 dwelling units or that is 178
reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or 179
vehicles, including employees, tenants, visitors, residents of a common interest development and 180
residents of an adjacent building. 181
“Publicly-funded and available charging station”, a public electric vehicle charging 182
station that has received, or expects to receive, a grant, loan or other incentive from a federal or 183
state government source or by a charge on ratepayers and is located at a publicly available 184
parking space. 185
(b) The executive office of energy and environmental affairs shall promulgate regulations 186
to: (i) monitor the utilization or frequency of use of chargers and charging stations; (ii) monitor 187
the reliability and availability of chargers and charging stations, including, but not limited to, 188 10 of 139
whether reliability varies by the income of municipalities or neighborhoods or by regions of the 189
commonwealth; and (iii) require, with respect to publicly-funded and available charging stations 190
installed on or after April 1, 2025, charging network providers and charging station operators to 191
share, free of charge, certain data fields, including, but not limited to, data fields providing real-192
time information about location, availability and price by port, with third- party software 193
developers via application programming interfaces; provided, however, that any such data 194
sharing may be conditioned on measures to protect sensitive or confidential business 195
information. The executive office of energy and environmental affairs may designate any of its 196
agencies to promulgate such regulations. 197
(c) In promulgating regulations under this section, the executive office or its designated 198
agency may apply different requirements to publicly- funded and available charging stations or 199
other charging stations. 200
(d) Regulations promulgated under this section may vary by technology type, power 201
levels, number of chargers per site, site ownership and according to whether chargers: (i) are 202
networked; (ii) are public; (iii) are publicly-funded and available charging stations; (iv) are level 203
1, level 2 or direct current fast chargers; or (v) are all-inclusive mobile solar charging stations. 204
Such regulations may apply to charging stations other than publicly- funded and available 205
charging stations but shall not apply to chargers or charging stations installed at a residential real 206
property containing not more than 4 dwelling units. The executive office or its designated agency 207
may, in its discretion, set such standards as it deems necessary for data formats that comply with 208
electric vehicle charging industry best practices and standards. 209 11 of 139
(e) With respect to any regulations that may be promulgated pertaining to reliability, the 210
executive office or its designated agency shall develop definitions of “uptime” and “exempted 211
downtime” through a public process and in such a manner to promote, as much as is practicable, 212
consistency with other jurisdictions and the National Electric Vehicle Infrastructure Formula 213
Program requirements; provided, however, that the office or designated agency may: (i) set 214
standards for uptime; (ii) consider which events, if any, may count as exempted downtime; and 215
(iii) take into account the quality and condition of software and hardware. 216
SECTION 6. Section 1 of chapter 23J of the General Laws, as appearing in the 2022 217
Official Edition, is hereby amended by striking out the definitions of “Clean energy” and “Clean 218
energy research” and inserting in place thereof the following 2 definitions:- 219
“Clean energy”, advanced and applied technologies that significantly reduce or eliminate 220
the use of energy from non- renewable sources including, but not limited to: (i) energy efficiency; 221
(ii) demand response; (iii) energy conservation; (iv) carbon dioxide removal; (v) embodied 222
carbon reduction; or (vi) technologies powered, in whole or in part, by the sun, wind, water, 223
geothermal energy, including networked geothermal and deep geothermal energy, hydrogen 224
produced by non- fossil fuel sources and methods, alcohol, fuel cells, fusion energy, nuclear 225
fission or any other renewable, nondepletable or recyclable fuel; provided, however, that “clean 226
energy” shall include an alternative energy generating source as defined in clauses (i) to (vi), 227
inclusive, of subsection (a) of section 11F½ of chapter 25A. 228
“Clean energy research”, advanced and applied research in new clean energy 229
technologies including: (i) solar photovoltaic; (ii) solar thermal; (iii) wind power; (iv) geothermal 230
energy, including networked geothermal and deep geothermal energy; (v) wave and tidal energy; 231 12 of 139
(vi) advanced hydropower; (vii) energy transmission and distribution; (viii) energy storage; (ix) 232
renewable biofuels, including ethanol, biodiesel and advanced biofuels; (x) renewable, 233
biodegradable chemicals; (xi) advanced thermal-to-energy conversion; (xii) fusion energy; (xiii) 234
hydrogen produced by non- fossil fuel sources and methods; (xiv) carbon capture and 235
sequestration; (xv) carbon dioxide removal; (xvi) energy monitoring; (xvii) green building 236
materials and embodied carbon reduction; (xviii) energy efficiency; (xix) energy- efficient 237
lighting; (xx) gasification and conversion of gas to liquid fuels; (xxi) industrial energy 238
efficiency; (xxii) demand-side management; (xxiii) fuel cells; and (xxiv) nuclear fission; 239
provided, however, that “clean energy research” shall not include advanced and applied research 240
in coal, oil or natural gas. 241
SECTION 7. Section 2 of said chapter 23J is hereby amended by inserting after the word 242
“ventures”, in line 23, as so appearing, the following words:- , which may include carbon 243
sequestration and the development of other clean energy sources. 244
SECTION 8. Chapter 25 of the General Laws is hereby amended by striking out section 245
12N, as so appearing, and inserting in place thereof the following section:- 246
Section 12N. There is hereby established within the department, and under the general 247
supervision and control of the commission, a facility siting division, which shall be under the 248
charge of a director appointed by the commission. The facility siting division, hereinafter 249
referred to as the division, shall perform such functions as the commission deems necessary for 250
the administration, implementation and enforcement of sections 69G to 69W, inclusive, of 251
chapter 164 imposed upon the department and the energy facilities siting board by said sections. 252 13 of 139
The division shall maintain a real- time, online, clean energy infrastructure dashboard. 253
The division shall, in cooperation with the executive office of energy and environmental affairs 254
and its affiliated departments and offices, create, maintain and update the dashboard by 255
collecting, facilitating the collection and reporting of comprehensive data and information related 256
to: (i) accelerating the responsible deployment of clean energy infrastructure through siting and 257
permitting reform in a manner consistent with applicable legal requirements, including, but not 258
limited to, the greenhouse gas emissions limits and sublimits set under chapter 21N; (ii) 259
facilitating community input into the siting and permitting of clean energy infrastructure; and 260
(iii) ensuring that the benefits of clean energy deployment are shared equitably among all 261
residents of the commonwealth. The dashboard shall, at a minimum, report for the most recent 262
reporting period and in the aggregate the number of applications filed, decided or pending 263
information, including, but not limited to: (i) the number of applications deemed incomplete and 264
the number of applications constructively approved; (ii) the average duration of application 265
review; and (iii) average staffing levels delineated by job classification. The dashboard shall 266
make use of bar charts, line charts and other visual representations to facilitate public 267
understanding of both recent performance and long- term and cumulative trends and outcomes of 268
clean energy deployment. The division shall convene a stakeholder process to develop and 269
inform the design and content of the dashboard; provided, however, that comprehensive data and 270
information shall be made publicly available in a machine-readable format. 271
SECTION 9. The first paragraph of section 12Q of said chapter 25, as so appearing, is 272
hereby amended by striking out the second sentence and inserting in place thereof the following 273
sentence:- The department shall credit to the fund: (i) appropriations or other money authorized 274
or transferred by the general court and specifically designated to be credited to the fund; (ii) a 275 14 of 139
portion of assessments, as determined by the department, collected pursuant to section 18; (iii) a 276
portion of application fees, as determined by the department, collected pursuant to section 69J1/2 277
of chapter 164; and (iv) income derived from the investment of amounts credited to the fund. 278
SECTION 10. Said chapter 25 is hereby further amended by inserting after section 12R 279
the following 2 sections:- 280
Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting 281
Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or 282
other money authorized or transferred by the general court and specifically designated to be 283
credited to the fund; (ii) a portion of assessments, as determined by the department, collected 284
pursuant to section 18; (iii) a portion of application fees, as determined by the department, 285
collected pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iv) any non-286
ratepayer funded sources obtained through gifts, grants, contributions and bequests of funds from 287
any department, agency or subdivision of federal, state or municipal government or any 288
individual, foundation, corporation, association or public authority; and (v) income derived from 289
the investment of amounts credited to the fund. All amounts credited to the fund shall be held in 290
trust and shall be expended solely, without further appropriation, for the purposes set forth in 291
section 149 of chapter 164, consistent with the requirements set forth in said section 149 of said 292
chapter 164 and any regulations promulgated thereunder. Any unexpended balance in the fund at 293
the close of a fiscal year shall remain in the fund and shall not revert and shall be available for 294
expenditure in subsequent fiscal years. 295
Section 12T. There shall be a division of public participation within the department and 296
under the general supervision and control of the commission, which shall be under the charge of 297 15 of 139
a director appointed by the commission. The division of public participation, hereinafter referred 298
to as the division, shall perform such functions as the commission may determine and shall be 299
responsible for assisting individuals, local governments, community organizations and other 300
entities before the department or the energy facilities siting board. With respect to matters before 301
the department, the division shall assist such parties with navigating filing requirements, 302
opportunities to provide comment and intervene and facilitating dialogue among parties to 303
proceedings. With respect to siting and permitting matters under the jurisdiction of the energy 304
facilities siting board, the division shall assist individuals, local governments, community 305
organizations, project applicants and other entities with navigating pre-filing consultation and 306
engagement requirements, clarifying filing requirements, identifying opportunities to intervene 307
and facilitating dialogue among stakeholders involved in the permitting process and shall assist 308
with coordinating with other state, regional and local officials, including the office of 309
environmental justice and equity established by section 29 of chapter 21A, involved in the 310
prefiling consultation process, pre-filing engagement process and the permitting process 311
generally. The director and staff of the division shall not participate as adjudicatory staff, nor 312
have any input or communication with adjudicatory or decisional staff, in matters before the 313
department or in reviewing applications submitted to the energy facilities siting board, nor shall 314
they serve as legal counsel to or otherwise represent any party before the department or the 315
energy facilities siting board. The director shall be responsible for making final determinations 316
with respect to intervenor funding support requests made pursuant to section 149 of chapter 164 317
and administering all aspects of the intervenor support grant program established pursuant to said 318
section 149 of said chapter 164. The department, in consultation with the energy facilities siting 319 16 of 139
board, shall promulgate regulations to implement this section, including for the function and 320
participation of the division of public participation and ex parte prohibitions, as appropriate. 321
SECTION 11. Section 18 of said chapter 25, as appearing in the 2022 Official Edition, is 322
hereby amended by inserting after the third paragraph the following 2 paragraphs:- 323
The commission may make an assessment against each electric company under the 324
jurisdictional control of the department, based upon the intrastate operating revenues subject to 325
the jurisdiction of the department of each such company derived from sales within the 326
commonwealth of electric service, as shown in the annual report of each such company to the 327
department. The assessments shall be made at a rate of not more than 0.1 per cent of such 328
intrastate operating revenues, as shall be determined and certified annually by the commission as 329
sufficient to reimburse the commonwealth for: (i) funds appropriated by the general court for the 330
operation and general administration of the energy facilities siting board, exclusive of the cost of 331
fringe benefits established by the comptroller pursuant to section 5D of chapter 29, including 332
group life and health insurance, retirement benefits, paid vacations, holidays and sick leave; and 333
(ii) funds for a clean energy infrastructure dashboard, as required to be maintained by the facility 334
siting division pursuant to section 12N. The funds may be used by the energy facilities siting 335
board to compensate consultants in hearings on petitions filed by companies subject to 336
assessment under this section. Assessments made under this section may be credited to the 337
normal operating cost of each company. Each company shall pay the amount assessed against it 338
not later than 30 days after the date of the notice of assessment from the department. The 339
department shall collect such assessments and credit a portion of said assessments to the 340
Department of Public Utilities Energy Facilities Siting Board Trust Fund established under 341
section 12Q and the Department of Public Utilities and Energy Facilities Siting Board Intervenor 342 17 of 139
Support Fund established under section 12S. Any funds unexpended in any fiscal year for the 343
purposes for which such assessments were made shall be credited against the assessment to be 344
made in the following fiscal year and the assessment in the following fiscal year shall be reduced 345
by any such unexpended amount. 346
For the purpose of providing the department with funds to be used to provide support to 347
intervenors in the department or energy facilities siting board proceedings consistent with section 348
149 of chapter 164, the commission may make a separate assessment proportionally against each 349
electric and gas company under the jurisdictional control of the department, based upon the 350
intrastate operating revenues subject to the jurisdiction of the department of each of such 351
companies derived from sales within the commonwealth of electric and gas service, as shown in 352
the annual report of each of such companies to the department. Such assessments shall be made 353
at a rate as shall be determined and certified annually by the commission as sufficient to produce 354
an annual amount of not more than $3,500,000. The amount of the assessment may be increased 355
by the commission annually by a rate not to exceed the most recent annual consumer price index 356
as calculated for the northeast region for all urban consumers. Assessments made under this 357
section may be credited to the normal operating cost of each company. Each company shall pay 358
the amount assessed against it not later than 30 days after the date of the notice of assessment 359
from the department. Such assessments shall be collected by the department and credited to the 360
Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund 361
established by section 12S. Funds unexpended in any fiscal year and remaining in the fund shall 362
be credited against the assessment to be made in the following fiscal year and the assessment in 363
the following fiscal year shall be reduced by any such unexpended amount. 364 18 of 139
SECTION 12. Section 22 of said chapter 25 is hereby amended by striking out, in line 6, 365
as so appearing, the words “the manufacturing industry” and inserting in place thereof the 366
following words:- low and moderate income interests. 367
SECTION 13. Said section 22 of said chapter 25 is hereby further amended by inserting 368
after the word “labor”, in line 7, as so appearing, the following words:- , as recommended by the 369
president of the Massachusetts AFL-CIO. 370
SECTION 14. Said section 22 of said chapter 25 is hereby further amended by striking 371
out, in lines 11 and 12, as so appearing, the words “employing fewer than 10 persons”. 372
SECTION 15. Said section 22 of said chapter 25 is hereby further amended by striking 373
out, in lines 24 and 25, as so appearing, the words “energy efficiency businesses” and inserting 374
in place thereof the following words:- the Massachusetts clean energy center established 375
pursuant to section 2 of chapter 23J. 376
SECTION 16. Said section 22 of said chapter 25 is hereby further amended by striking 377
out subsection (b), as so appearing, and inserting in place thereof the following subsection:- 378
(b) The council shall, as part of the approval process by the department, seek to: (i) 379
maximize net economic benefits through energy efficiency, demand management and beneficial 380
electrification resources; and (ii) achieve energy, capacity, climate and environmental goals 381
through a sustained and integrated statewide energy efficiency and decarbonization effort. 382
The council shall: (i) review and approve plans and budgets; (ii) work with program 383
administrators in preparing energy resource assessments; (iii) determine the economic, system 384
reliability, climate and air quality benefits of energy efficiency, demand management and 385 19 of 139
beneficial electrification resources; (iv) conduct and recommend relevant research; and (v) 386
recommend long- term energy efficiency, demand management and beneficial electrification 387
goals consistent with meeting greenhouse gas emissions limits and sublimits imposed by law or 388
regulation and with mitigating ratepayer impacts. Approval of energy efficiency, demand 389
management and beneficial electrification plans and budgets shall require a 2/3 vote. The council 390
shall, as part of its review of plans, examine opportunities to offer joint programs; provided, 391
however, that any costs for such joint programs shall be allocated equitably among the efficiency 392
programs. 393
SECTION 17. Section 2 of chapter 25A of the General Laws, as so appearing, is hereby 394
amended by striking out the second paragraph and inserting in place thereof the following 395
paragraph:- 396
There shall be within the department 4 divisions: (i) a division of energy efficiency, 397
which shall work with the department of public utilities regarding energy efficiency programs; 398
(ii) a division of renewable and alternative energy development, which shall oversee and 399
coordinate activities that seek to maximize the installation of renewable and alternative energy 400
generating sources that will provide benefits to ratepayers, advance the production and use of 401
biofuels and other alternative fuels as the division may define by regulation and administer the 402
renewable portfolio standard and the alternative portfolio standard; (iii) a division of green 403
communities, which shall serve as the principal point of contact for local governments and other 404
governmental bodies concerning all matters under the jurisdiction of the department of energy 405
resources, with the exception of matters involving the siting and permitting of small clean energy 406
infrastructure facilities; and (iv) a division of clean energy siting and permitting, which shall 407
establish standard conditions, criteria and requirements for the siting and permitting of small 408 20 of 139
clean energy infrastructure facilities by local governments and provide technical support and 409
assistance to local governments, small clean energy infrastructure facility project proponents and 410
other stakeholders impacted by the siting and permitting of small clean energy infrastructure 411
facilities at the local government level. Each division shall be headed by a director appointed by 412
the commissioner and who shall be a person of skill and experience in the field of energy 413
efficiency, renewable energy or alternative energy, energy regulation or policy and land use and 414
planning, respectively. The directors shall be the executive and administrative heads of their 415
respective divisions and shall be responsible for administering and enforcing the law relative to 416
their division and to each administrative unit thereof under the supervision, direction and control 417
of the commissioner. The directors shall serve at the pleasure of the commissioner, shall receive 418
such salary as may be determined by law and shall devote full time during regular business hours 419
to the duties of the office. In the case of an absence or vacancy in the office of a director, or in 420
the case of disability as determined by the commissioner, the commissioner may designate an 421
acting director to serve as director until the vacancy is filled or the absence or disability ceases. 422
The acting director shall have all the powers and duties of the director and shall have similar 423
qualifications as the director. 424
SECTION 18. Section 6 of said chapter 25A, as so appearing, is hereby amended by 425
striking out, in line 56, the word “and”. 426
SECTION 19. Said section 6 of said chapter 25A, as so appearing, is hereby further 427
amended by striking out, in line 63, the words “chapter 21N” and inserting in place thereof the 428
following words:- chapter 21N; and 429 21 of 139
(15) develop and promulgate, regulations, criteria, guidelines and standard conditions, 430
criteria and requirements that establish parameters for the siting, zoning, review and permitting 431
of small clean energy infrastructure facilities by local government pursuant to section 21. 432
SECTION 20. Section 11F of said chapter 25A, as so appearing, is hereby amended by 433
striking out, in lines 44 and 45 and line 84, the words “or (9) geothermal energy”, each time they 434
appear, and inserting in place thereof, in each instance, the following words:- (9) geothermal 435
energy; or (10) fusion energy. 436
SECTION 21. Said section 11F of said chapter 25A, as so appearing, is hereby further 437
amended by striking out, in line 116, the words “or (10) geothermal energy” and inserting in 438
place thereof the following words:- (10) geothermal energy; or (11) fusion energy. 439
SECTION 22. Section 11F1/2 of said chapter 25A, as so appearing, is hereby amended 440
by striking out, in line 18, the words “naturally occurring”. 441
SECTION 23. Said chapter 25A is hereby further amended by adding the following 442
section:- 443
Section 21. (a) As used in this section, the following words shall have the following 444
meanings unless the context clearly requires otherwise:- 445
“Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas 446
produced by the accelerated biodegradation of organic materials under controlled anaerobic 447
conditions; and (ii) has been determined by the department, in coordination with the department 448
of environmental protection, to qualify under department of energy resources regulations as a 449
Class I renewable energy generating source under section 11F. 450 22 of 139
“Local government”, a municipality or regional agency, including, but not limited to, the 451
Cape Cod commission, established by chapter 716 of the acts of 1989, and the Martha’s 452
Vineyard Commission, established by chapter 831 of the acts of 1977, that has permitting 453
authority over small clean energy infrastructure facilities. 454
“Small clean energy generation facility”, energy generation infrastructure with a 455
nameplate capacity of less than 25 megawatts that is an anaerobic digestion facility, solar facility 456
or wind facility, including any ancillary structure that is an integral part of the operation of the 457
small clean energy generation facility or, following a rulemaking by the department in 458
consultation with the energy facilities siting board in which the facility type is added to the 459
regulatory definition of a small clean energy generation facility, any other type of generation 460
facility that produces no greenhouse gas emissions or other pollutant emissions known to have 461
negative health impacts; provided, however, that the nameplate capacity for solar facilities shall 462
be calculated in direct current. 463
“Small clean energy infrastructure facility”, a small clean energy generation facility, 464
small clean energy storage facility or small clean transmission and distribution infrastructure 465
facility. 466
“Small clean energy storage facility”, an energy storage system as defined in section 1 of 467
chapter 164 with a rated capacity of less than 100 megawatt hours, including any ancillary 468
structure that is an integral part of the operation of the small clean energy storage facility. 469
“Small clean transmission and distribution infrastructure facility”, electric transmission 470
and distribution infrastructure and related ancillary infrastructure, including: (i) electric 471
transmission line reconductoring or rebuilding projects; (ii) new or substantially altered electric 472 23 of 139
transmission lines located in an existing transmission corridor that are not more than 10 miles 473
long, including any ancillary structure that is an integral part of the operation of the transmission 474
line; (iii) new or substantially altered electric transmission lines located in a new transmission 475
corridor that are not more than 1 mile long, including any ancillary structure that is an integral 476
part of the operation of the transmission line; (iv) any other electric transmission infrastructure, 477
including standalone transmission substations and upgrades and any ancillary structure that is an 478
integral part of the operation of the transmission line and that does not require zoning 479
exemptions; and (v) electric distribution- level projects that meet a certain threshold, as 480
determined by the department; provided, however, that the “small clean transmission and 481
distribution infrastructure facility” shall be: (A) designed, fully or in part, to directly interconnect 482
or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B) 483
designed to ensure electric grid reliability and stability; or (C) designed to help facilitate the 484
electrification of the building and transportation sectors; and provided further, that a “small clean 485
transmission and distribution infrastructure facility” shall not include new transmission and 486
distribution infrastructure facilities that solely interconnect new or existing generation powered 487
by fossil fuels to the electric grid on or after January 1, 2026. 488
“Solar facility”, a ground mounted facility that uses sunlight to generate electricity. 489
“Wind facility”, an onshore or offshore facility that uses wind to generate electricity. 490
(b) The department shall establish standards, requirements and procedures governing the 491
siting and permitting of small clean energy infrastructure facilities by local governments that 492
shall include: (i) uniform sets of public health, safety, environmental and other standards, 493
including zoning criteria, that local governments shall require for the issuance of permits for 494 24 of 139
small clean energy infrastructure facilities; (ii) a common standard application for small clean 495
energy infrastructure facility project applicants submitting a permit application to local 496
governments; (iii) uniform pre-filing requirements for small clean energy infrastructure facilities, 497
which shall include specific requirements for public meetings and other forms of outreach that 498
must occur in advance of an applicant submitting an application; (iv) standards for applying site 499
suitability guidance developed by the executive office of energy and environmental affairs 500
pursuant to section 30 of chapter 21A to evaluate the social and environmental impacts of 501
proposed small clean energy generation facilities, small clean energy storage facilities and small 502
clean transmission and distribution infrastructure facilities in new rights of way, which shall 503
include a mitigation hierarchy to be applied during the permitting process to avoid or minimize 504
or, if impacts cannot be avoided or minimized, mitigate negative impacts of siting on the 505
environment, people and the commonwealth’s goals and objectives for climate mitigation, 506
resilience, biodiversity and protection of natural and working lands, to the extent practicable; (v) 507
common conditions and requirements for a single permit consolidating all necessary local 508
approvals to be issued for different types of small clean energy infrastructure facilities in the 509
event that constructive approval is triggered through the non- issuance of a final decision by a 510
local government pursuant to subsection (d); (vi) guidance for procedures and potential 511
extensions of time should an applicant fail to respond to a request for information within a 512
specified timeframe or proposes a significant revision to a proposed project; provided, however, 513
that the department shall solicit public input in the development of such guidance; and (vii) 514
responsible parties subject to enforcement actions, including in the event of sale of small clean 515
energy infrastructure facilities after permitting. The department may promulgate rules and 516
regulations allowing local governments to set fees for compensatory environmental mitigation 517 25 of 139
for the restoration, establishment, enhancement or preservation of comparable environmental 518
resources through funds paid to the local government or to a non- profit entity to be used at the 519
election of an applicant to satisfy the standard of mitigation to the maximum extent practicable. 520
Local governments acting in accordance with the standards established by the department for 521
small clean energy generation facilities and small clean energy storage facilities pursuant to this 522
subsection shall be considered to have acted consistent with the limitations on solar facility and 523
small clean energy storage facility zoning under section 3 of chapter 40A. The department shall 524
establish a transition or concurrency period for the effective date of any standards that it 525
establishes. 526
(c) The proponent of a small clean energy infrastructure facility may submit a 527
consolidated small clean energy infrastructure facility permit application seeking a single permit 528
consolidating all necessary local permits and approvals. To initiate the permitting of a small 529
clean energy infrastructure facility, an applicant may elect to submit an application, with 530
supporting information in the form developed by the department pursuant to subsection (b), for 531
the local government to conduct a consolidated review pursuant to the criteria and standards set 532
forth in subsection (b) and using the process set forth in subsection (d). Local governments shall 533
determine whether such consolidated small clean energy infrastructure facility permit application 534
is complete not later than 30 days of receipt. If an application is deemed incomplete, the 535
applicant shall have 30 days, and any additional time as determined by the local government, to 536
cure any deficiencies before the application is rejected. In the event of a rejection of the 537
application, the local government shall provide a detailed reasoning for the rejection. 538
(d)(1) Local governments shall issue a single, final decision on a consolidated small clean 539
energy infrastructure facility permit application submitted pursuant to subsection (c), including 540 26 of 139
all decisions necessary for a project to proceed with construction within 12 months of the receipt 541
of a complete permit application; provided, however, that the permit shall not include any state 542
permits that may be required to proceed with construction and operation of said facility. All local 543
government authorities, boards, commissions, offices or other entities that may be required to 544
issue a decision on 1 or more permits in response to the application for the small clean energy 545
infrastructure facility may conduct reviews separately and concurrently. Such permits shall 546
adhere to any requirements established by the department pursuant to subsection (b). 547
(2) If a final decision is not issued within 12 months of the receipt of a complete permit 548
application, a constructive approval permit shall be issued by the local government that includes 549
the common conditions and requirements established by the department for the type of small 550
clean energy infrastructure facility under review. 551
(e) Individual decisions of local government authorities, boards, commissions, offices or 552
other entities that would otherwise be required to issue 1 or more permits to the small clean 553
energy infrastructure facility may not be appealed or reviewed independently. The only decision 554
of a local government that is subject to further review is the single, final decision issued by the 555
local government that includes all individual decisions necessary for a project to proceed with 556
construction, exclusive of any state permits that may be required, which shall be reviewable by a 557
de novo adjudication of the permit application by the director of the energy facilities siting 558
division of the department of public utilities, as provided in subsection (f). 559
(f) Within 30 days of the single, final decision on a consolidated permit application by a 560
local government described in subsections (d) and (e), project proponents and other individuals 561
or entities substantially and specifically affected by a proposed small clean energy infrastructure 562 27 of 139
facility may file a petition to request in writing a de novo adjudication of the permit application 563
by the director of the facilities siting division pursuant to section 69W of chapter 164 following 564
permit issuance, including constructive approval permits issued pursuant to subsection (d), or 565
denials by a local government. 566
(g) If a local government lacks the resources, capacity or staffing to review a small clean 567
energy infrastructure facility permit application within 12 months, it may, not later than 60 days 568
after receipt of such application or at any time thereafter with the consent of the applicant, 569
request in writing a de novo adjudication of such application by the director pursuant to section 570
69W of chapter 164. 571
(h) The department shall promulgate regulations to implement this section in consultation 572
with the Massachusetts Municipal Association, Inc., the department of public utilities, the 573
department of environmental protection, the department of fish and game, the department of 574
conservation and recreation, the department of agricultural resources, an office within the 575
executive office of energy and environmental affairs designated by the secretary of energy and 576
environmental affairs for review of compliance with the Massachusetts environmental policy act, 577
the office of environmental justice and equity, the executive office of health and human services, 578
the executive office of housing and livable communities and the executive office of public safety 579
and security. 580
(i) Nothing in subsections (c) to (g), inclusive, shall apply to a comprehensive permit 581
pursuant to sections 20 to 23, inclusive, of chapter 40B. For the purpose of this section, the 582
procedures and standards for filing and review of an application for a comprehensive permit that 583 28 of 139
includes a small clean energy infrastructure facility shall be in accordance with said sections 20 584
to 23, inclusive, of said chapter 40B. 585
(j) The department of energy resources shall, on a quarterly basis, determine whether 586
more than 50 per cent of applications for small clean energy infrastructure facilities processed in 587
the preceding 24- month period throughout the commonwealth have been constructively 588
approved. If more than 50 per cent of applications have been so approved, the department of 589
energy resources, the department of public utilities and the office of environmental justice and 590
equity shall, within 6 months of the conclusion of the 24- month period, analyze and report on the 591
cause of the high rate of constructive approvals by local governments and make 592
recommendations to local governments, the general court and the governor on how to reduce the 593
number of constructive approvals and increase the number of decisions reached by means other 594
than constructive approval. 595
(k) A consolidated small clean energy infrastructure permit application submitted 596
pursuant to this section shall include the following certification and disclosure requirements: 597
(i) documentation reflecting the applicant’s demonstrated commitment to workforce or 598
economic development within the commonwealth; 599
(ii) a statement of intent concerning efforts that the applicant and its contractors and 600
subcontractors will make to promote workforce or economic development through the project; 601
(iii) documentation reflecting the applicant’s demonstrated commitment to expand 602
workforce diversity, equity and inclusion in its past projects within the commonwealth; 603 29 of 139
(iv) documentation as to whether the applicant and its contractors and subcontractors 604
participate in a state or federally certified apprenticeship program and the number of apprentices 605
the apprenticeship program has trained to completion for each of the last 5 years; 606
(v) a statement of intent concerning how or if the applicant and its contractors and 607
subcontractors intend to utilize apprentices on the project, including whether each of its 608
contractors and subcontractors on the project participates in a state or federally certified 609
apprenticeship program; 610
(vi) documentation relative to the applicant and its contractors and subcontractors 611
regarding their history of compliance with chapters 149, 151, 151A, 151B and 152, 29 U.S.C. 612
section 201, et seq. and applicable federal anti-discrimination laws; 613
(vii) documentation that the applicant and its contractors and subcontractors are currently, 614
and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152, 29 U.S.C. section 615
201, et seq. and applicable federal anti-discrimination laws for the duration of the project; 616
(viii) detailed plans for assuring labor harmony during all phases of the construction, 617
reconstruction, renovation, development and operation of the project, including documentation 618
of the applicant’s history with picketing, work stoppages, boycotts or other economic actions 619
against the applicant and a description or plan of how the applicant intends to prevent or address 620
such actions; 621
(ix) documentation relative to whether the applicant and its contractors have been found 622
in violation of state or federal safety regulations in the previous 10 years. 623 30 of 139
(l) The department may require a wage bond or other comparable form of insurance in an 624
amount to be set by the department to ensure compliance with law, certifications or department 625
obligations. 626
(m) The department shall notify applicants that an applicant shall be disqualified from the 627
project if the applicant has been debarred by the federal government or commonwealth for the 628
entire term of the debarment. 629
(n) An applicant shall, in a timely manner, provide documentation and certifications as 630
required by law or otherwise directed by the department. Incomplete or inaccurate information 631
may be grounds for disqualification, dismissal or other action deemed appropriate by the 632
department. 633
(o) The department shall give added weight to applicants that demonstrate compliance 634
with the provisions of sections 26 to 27F, inclusive, of chapter 149, and have a history of 635
participation with state or federally certified apprenticeship programs. 636
SECTION 24. Section 2 of chapter 25B of the General Laws, as appearing in the 2022 637
Official Edition, is hereby amended by inserting after the definition of “Compensation” the 638
following 2 definitions:- 639
“Connector” or “Plug”, a device that attaches an electric vehicle to a charging port to 640
transfer electricity. 641
“Direct current fast charger”, a charger that enables rapid charging by delivering direct-642
current, or DC current, electricity directly to an electric vehicle battery. 643 31 of 139
SECTION 25. Said section 2 of said chapter 25B, as so appearing, is hereby further 644
amended by striking out the definition of “Electric vehicle supply equipment” and inserting in 645
place thereof the following definition:- 646
“Electric vehicle supply equipment” or “EVSE”, a device, including at least 1 charging 647
port and connector, for charging electric vehicles; provided, however, that “electric vehicle 648
supply equipment” shall also mean a charger. 649
SECTION 26. Said section 2 of said chapter 25B, as so appearing, is hereby further 650
amended by inserting after the definition of “Faucet” the following definition:- 651
"Flexible demand”, the capability to schedule, shift or curtail the electrical demand of a 652
load-serving entity’s customer through direct action by the customer or through action by a third 653
party, the load- serving entity or a grid balancing authority, with the customer’s consent. 654
SECTION 27. Said section 2 of said chapter 25B, as so appearing, is hereby further 655
amended by inserting after the definition of “Lamp” the following 2 definitions:- 656
“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-657
phase input voltage nominally 120 volts alternating current and maximum output current of not 658
more than 16 amperes alternating current. 659
“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-660
phase input voltage range from 208 volts to 240 volts alternating current, and maximum output 661
current of not more than 80 amperes alternating current. 662
SECTION 28. Said section 2 of said chapter 25B, as so appearing, is hereby further 663
amended by inserting after the definition of “Plumbing fixture” the following definition:- 664 32 of 139
“Port”, a system or connecting outlet on a charger that provides power to charge an 665
electric vehicle; provided, however, that a port may be equipped with multiple connectors but 666
use only 1 connector at a time to provide such power. 667
SECTION 29. Section 5 of said chapter 25B, as so appearing, is hereby amended by 668
striking out the first and second paragraphs and inserting in place thereof the following 669
paragraph:- 670
The commissioner may, by regulation, update energy efficiency standards for the types of 671
new products set forth in clauses (f) to (y), inclusive, of section 3. Any revision of such 672
efficiency standards shall be based upon the determination of the commissioner; provided, 673
however, that a revision of said efficiency standards for electric vehicle supply equipment may 674
allow the use of equipment that consumes additional kilowatts per hour. Any standard revised 675
pursuant to this section which conflicts with a corresponding standard in the state plumbing code 676
shall take precedence over the standard in said state plumbing code. Any standard revised 677
pursuant to this section shall not take effect for at least 1 year after its adoption. 678
SECTION 30. Said section 5 of said chapter 25B, as so appearing, is hereby further 679
amended by striking out clause (20) and inserting in place thereof the following clause:- 680
(20) Electric vehicle supply equipment included in the scope of the ENERGY STAR 681
Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 682
1.2 (Rev. June 2023), shall meet the qualification criteria of that specification. 683
SECTION 31. Said section 5 of said chapter 25B, as so appearing, is hereby further 684
amended by striking out, in line 198, the words “, electric vehicle supply equipment”. 685 33 of 139
SECTION 32. Said section 5 of said chapter 25B, as so appearing, is hereby further 686
amended by adding the following paragraph:- 687
The commissioner may adopt and update regulations for the standards for any appliances 688
to facilitate the deployment of flexible demand technologies. The regulations may include 689
labeling provisions to promote the use of appliances with flexible demand capabilities. The 690
flexible demand appliance standards shall be based on feasible and attainable efficiencies or 691
feasible improvements that will enable appliance operations to be scheduled, shifted or curtailed 692
to reduce emissions of greenhouse gases associated with electricity generation. 693
SECTION 33. The second paragraph of section 62A of chapter 30 of the General Laws, 694
as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof 695
the following sentence:- This section and sections 62B to 62L, inclusive, shall not apply to the 696
energy facilities siting board established under section 69H of chapter 164 or to any proponent or 697
owner of a large clean energy infrastructure facility, as defined in section 69G of said chapter 698
164, or small clean energy infrastructure facility, as defined in section 21 of chapter 25A, in 699
relation to an application for a consolidated permit or petition for a de novo adjudication filed 700
under sections 69T to 69W, inclusive, of said chapter 164. 701
SECTION 34. Chapter 30B of the General Laws is hereby amended by striking out 702
section 23, as so appearing, and inserting in place thereof the following section:- 703
Section 23. Notwithstanding section 39M of chapter 30 or any other general or special 704
law to the contrary, a governmental body may, pursuant to this chapter, procure electric vehicles, 705
including electric school buses, and the installation of electric vehicle supply equipment as 706
defined in section 2 of chapter 25B for such electric vehicles. Electric vehicles and the 707 34 of 139
installation of related electric vehicle supply equipment may be procured separately or in a single 708
procurement. For the purposes of this section, electric vehicles shall be considered supplies and 709
electric vehicle supply equipment and its installation shall be considered services; provided, 710
however, that if electric vehicles and electric vehicle supply equipment and its installation are 711
procured in a single procurement both shall be considered supplies. 712
A contract under this section shall only be awarded to a bidder who: (i) possesses the 713
skill, ability and integrity necessary for the faithful performance of the work; (ii) certifies that it 714
is able to furnish labor that can work in harmony with all other elements of labor employed or to 715
be employed in the work; (iii) certifies that all employees to be employed at the worksite will 716
have successfully completed a course in construction safety and health approved by the United 717
States Occupational Safety and Health Administration that is not less than 10 hours in duration at 718
the time the employee begins work and furnish documentation of successful completion of such 719
course with the first certified payroll report for each employee; and (iv) obtains within 10 days of 720
the notification of contract award the security by bond required under section 29 of chapter 149. 721
For the purposes of this section, “security by bond” shall mean the bond of a surety company 722
qualified to do business under the laws of the commonwealth and satisfactory to the awarding 723
authority; provided, however, that if there is more than 1 surety company, the surety companies 724
shall be jointly and severally liable. Sections 26 to 27D, inclusive, of said chapter 149 shall apply 725
to any contract entered into under this section. 726
SECTION 35. Section 23 of said chapter 30B is hereby repealed 727
SECTION 36. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby 728
amended by inserting after the definition of “Permit granting authority” the following definition:- 729 35 of 139
“Public service corporation”, (i) a corporation or other entity duly qualified to conduct 730
business in the commonwealth that owns or operates or proposes to own or operate assets or 731
facilities to provide electricity, gas, telecommunications, cable, water or other similar services of 732
public need or convenience to the public directly or indirectly, including, but not limited to, an 733
entity that owns or operates or proposes to own or operate electricity generation, storage, 734
transmission or distribution facilities, or natural gas facilities including pipelines, and 735
manufacturing and storage facilities; (ii) any transportation company that owns or operates or 736
proposes to own or operate railways and related common carrier facilities; (iii) any 737
communications company, including a wireless communications company or cable company that 738
owns or operates or proposes to own or operate communications or cable facilities; and (iv) any 739
water company that owns or operates or proposes to own or operate facilities necessary for its 740
operations. 741
SECTION 37. Section 3 of said chapter 40A, as so appearing, is hereby amended by 742
striking out, in lines 64 to 65, 74 and 82, the words “department of public utilities” and inserting 743
in place thereof, in each instance, the following words:- energy facilities siting board. 744
SECTION 38. Section 5 of chapter 40C of the General Laws, as so appearing, is hereby 745
amended by inserting after the word “districts”, in line 20, the following words:- ; the words 746
“solar energy system” shall mean a device or structural design feature, a substantial purpose of 747
which is to provide for the collection, storage and distribution of solar energy for space heating 748
or cooling, electricity generation or water heating. 749
SECTION 39. The first paragraph of section 7 of said chapter 40C, as so appearing, is 750
hereby amended by striking out the third sentence and inserting in place thereof the following 751 36 of 139
sentence:- Notwithstanding any general or special law to the contrary, the commission shall give 752
substantial weight to the threat posed by climate change and to the commonwealth’s obligation 753
to meet statewide greenhouse gas emission limits and sublimits established under chapter 21N 754
when ruling on applications for certificates of appropriateness for solar energy systems. 755
SECTION 40. Subsection (cc) of section 6 of chapter 62 of the General Laws, as so 756
appearing, is hereby amended by striking out, in lines 1489 and 1490, the words “employ, in the 757
aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in 758
place thereof the following words:- employ not less than 50. 759
SECTION 41. Section 38MM of chapter 63 of the General Laws, as so appearing, is 760
hereby amended by striking out, in lines 48 to 50, inclusive, the words “employ, in the aggregate 761
with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof 762
the following words:- employ not less than 50. 763
SECTION 42. Chapter 98 of the General Laws is hereby amended by adding the 764
following section:- 765
Section 59. (a) For the purposes of this section, the following words shall have the 766
following meanings unless the context clearly requires otherwise:- 767
“Charger”, a device having at least 1 charging port and connector for charging electric 768
vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment. 769
“Charging network provider”, the entity that operates the digital communication network 770
that remotely manages the chargers which may include charging station operators and 771
manufacture chargers. 772 37 of 139
“Charging station”, a charger or group of chargers and the area in the immediate vicinity 773
of such charger or group of chargers, which may include, at the discretion of the regulating 774
entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress 775
and egress; provided, however, that a charging station may comprise only part of the property on 776
which it is located. 777
“Charging station operator”, an entity that owns or provides the chargers and the 778
supporting equipment and facilities at charging stations and is responsible for the operation and 779
maintenance of the chargers and the supporting equipment and facilities; provided, however, that 780
such operator may delegate responsibility for certain aspects of the charging station operation 781
and maintenance to subcontractors. 782
“Connector” or “Plug”, a device that attaches an electric vehicle to a charging port to 783
transfer electricity. 784
“Direct current fast charger”, a charger that enables rapid charging by delivering direct-785
current, or DC current, electricity directly to an electric vehicle’s battery. 786
“Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a 787
plug-in hybrid electric vehicle equipped with an on- board electrical energy storage device that 788
can be recharged from an external source of electricity and has the capability to run on another 789
fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or 790
other micromobility device. 791
“Electric vehicle charging services”, the transfer of electric energy from an electric 792
vehicle charging station to a battery or other storage device in an electric vehicle and related 793
billing services, networking and operation and maintenance. 794 38 of 139
“Electric vehicle supply equipment”, a device, including at least 1 charging port and 795
connector, for charging electric vehicles; provided, however, that “electric vehicle supply 796
equipment” shall also mean a charger. 797
“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-798
phase input voltage nominally 120 volts AC, or alternating current, and maximum output current 799
of not more than 16 amperes AC. 800
“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-801
phase input voltage range from 208 volts to 240 volts AC, or alternating current, and maximum 802
output current of not more than 80 amperes AC. 803
“Public electric vehicle charging station”, an electric vehicle charging station located at a 804
publicly- available parking space. 805
“Publicly-available parking space”, a parking space that has been designated by a 806
property owner or lessee to be available to and accessible by the public and may include on-807
street parking spaces and parking spaces in surface lots or parking garages; provided, however, 808
that “publicly-available parking space” shall not include a parking space that is part of or 809
associated with residential real property containing not more than 4 dwelling units or that is 810
reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or 811
vehicles, including employees, tenants, visitors, residents of a common interest development and 812
residents of an adjacent building. 813
“Publicly-funded and available charging station”, a public electric vehicle charging 814
station that has received, or expects to receive, a grant, loan or other incentive from a federal or 815 39 of 139
state government source or through a charge on ratepayers and is located at a publicly available 816
parking space. 817
(b) The division of standards shall promulgate regulations to: (i) inventory the number 818
and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of 819
electricity purchased at public electric vehicle charging stations; provided, however, that, with 820
respect to such public charging stations, such regulations shall include setting minimum 821
requirements for the communication and display of pricing information; provided further, that 822
the division of standards shall not prevent a charging station from operating due to an omission 823
or inability by the division to test, inspect, seal or inventory the charging station or otherwise 824
administer and enforce such regulations or, in the case of a public electric vehicle charging 825
station, due to an omission or inability to ensure the accuracy of pricing and volumes of 826
electricity purchased at, and information communicated by, such charging station. 827
(c) Any regulations promulgated pursuant to this section may vary by technology type, 828
power levels, number of chargers per site, site ownership and according to whether charging 829
stations and chargers: (i) are networked; (ii) are level 1, level 2 or direct current fast chargers; 830
and (iii) are all-inclusive mobile solar charging stations. Such regulations shall not apply to 831
chargers or charging stations installed at a residential real property containing not more than 4 832
dwelling units. The division may set standards for data formats that comply with electric vehicle 833
charging industry best practices and standards, as determined by the division. 834
(d) Annually, not later than May 1, the division shall submit a report and accompanying 835
data with respect to the inventory required under subsections (b) and (c) and other findings made 836
and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways 837 40 of 139
and means, the joint committee on telecommunications, utilities and energy, the secretary of 838
energy and environmental affairs and the secretary of administration and finance. 839
(e) In promulgating regulations under this section, the division may apply different 840
requirements to publicly- funded and available electric vehicle chargers and other charging 841
stations. 842
SECTION 43. Section 95 of chapter 143 of the General Laws, as so appearing, is hereby 843
amended by inserting after the word “conservation”, in line 6, the following words:- , energy 844
efficiency, reductions in greenhouse gas emissions, reductions in embodied carbon. 845
SECTION 44. Said section 95 of said chapter 143, as so appearing, is hereby further 846
amended by inserting after the word “buildings”, in line 21, the following words:- ; provided 847
however, that, notwithstanding any general or special law or regulation to the contrary, the 848
board may vary such standards, regulations and requirements and prefer the treatment of certain 849
types of classes of materials, products and methods of construction, in order to advance 850
reductions in greenhouse gas emissions needed to meet the statewide greenhouse gas emissions 851
limits and sublimits established pursuant to chapter 21N; and provided further, that any such 852
variation in standards, regulations and requirements and any such preferential treatment shall not 853
affect the health, safety and security of the occupants or users of buildings. 854
SECTION 45. Said chapter 143 is hereby further amended by adding the following 855
section:- 856
Section 101. Notwithstanding any provision of the state building code, specialized code 857
or any other general or special law to the contrary, refrigerants identified as an alternative for use 858
in accordance with 42 U.S.C. 7671k shall be acceptable for use in the commonwealth. 859 41 of 139
SECTION 46. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby 860
amended by inserting before the definition of “Aggregator” the following definition:- 861
“Advanced metering infrastructure”, a meter and network communications technology 862
that measures, records and transmits electricity usage by the end user at a minimum of hourly 863
intervals and is capable of providing data to the end user and authorized third parties in real time 864
or near real time. 865
SECTION 47. Said section 1 of said chapter 164, as so appearing, is hereby further 866
amended by striking out the definition of “Gas company” and inserting in place thereof the 867
following definition:- 868
“Gas company”, a corporation originally organized for the purpose of making and selling 869
or distributing and selling, gas within the commonwealth, even though subsequently authorized 870
to make or sell electricity. A gas company may make, sell or distribute utility-scale non-emitting 871
thermal energy, including networked geothermal and deep geothermal energy. 872
SECTION 48. Section 1F of said chapter 164, as so appearing, is hereby amended by 873
striking out paragraph (4) and inserting in place thereof the following paragraph:- 874
(4)(i) The department shall require that distribution companies provide discounted rates 875
for low income customers and eligible moderate income customers comparable to the low 876
income discount rate in effect prior to March 1, 1998. Such discounts shall be in addition to any 877
reduction in rates that becomes effective pursuant to subsection (b) of section 1B on March 1, 878
1998. and to any subsequent rate reductions provided by a distribution company pursuant to said 879
subsection. The cost of such discounts shall be included in the rates charged to all other 880
customers of a distribution company upon approval by the department. Each distribution 881 42 of 139
company shall guarantee payment to the generation supplier for all power sold to low income 882
and eligible moderate income customers at the discounted rates. Eligibility for the discount rates 883
provided for in this section shall be established upon verification of a low income customer’s 884
receipt of any means-tested public benefit or verification of eligibility for the low income home 885
energy assistance program, or its successor program, for which eligibility does not exceed 200 886
per cent of the federal poverty level based on a household’s gross income and by criteria 887
determined by the department for verification of an eligible moderate income customer. Such 888
public benefits may include, but shall not be limited to including, assistance that provides cash, 889
housing, food or medical care including, but not limited to, transitional assistance for needy 890
families, supplemental security income, emergency assistance to elders, disabled and children, 891
food stamps, public housing, federally- subsidized or state-subsidized housing, the low income 892
home energy assistance program, veterans’ benefits and similar benefits. The department of 893
energy resources shall make available to distribution companies the eligibility guidelines for said 894
public benefit programs. Each distribution company shall conduct substantial outreach efforts to 895
make the low income or moderate income discount available to eligible customers and shall 896
report to the department of energy resources, at least annually, as to its outreach activities and 897
results. Outreach may include establishing an automated program of matching customer accounts 898
with: (A) lists of recipients of said means-tested public benefit programs and, based on the 899
results of said matching program, to presumptively offer a low income discount rate to eligible 900
customers so identified; and (B) criteria established by the department for verification of a 901
moderate income customer to presumptively offer a moderate income discount rate to eligible 902
customers so identified; provided, however, that the distribution company, within 60 days of said 903
presumptive enrollment, informs any such low income customer or eligible moderate income 904 43 of 139
customer of said presumptive enrollment and all rights and obligations of a customer under said 905
program, including the right to withdraw from said program without penalty. 906
In a program year in which maximum eligibility for the low income home energy 907
assistance program, or its successor program, exceeds 200 per cent of the federal poverty level, a 908
household that is income eligible for the low income home energy assistance program shall be 909
eligible for the low income discount rates required by this subparagraph. 910
(ii) A residential customer eligible for low income or moderate income discount rates 911
shall receive the service on demand. Each distribution company shall periodically notify all 912
customers of the availability and method of obtaining low income or moderate income discount 913
rates. An existing residential customer eligible for a low income or moderate income discount on 914
the date of the start of retail access who orders service for the first time from a distribution 915
company shall be offered basic service by that distribution company. 916
The department shall promulgate rules and regulations requiring utility companies 917
organized pursuant to this chapter to produce information, in the form of a mailing, webpage or 918
other approved method of distribution, to their consumers, to inform them of available rebates, 919
discounts, credits and other cost-saving mechanisms that can help them lower their monthly 920
utility bills and send out such information semi-annually, unless otherwise provided by this 921
chapter. 922
(iii) There shall be no charge to any residential customer for initiating or terminating low 923
income or moderate income discount rates, default service or standard offer service when said 924
initiation or termination request is made after a regular meter reading has occurred and the 925
customer is in receipt of the results of said reading. A distribution company may impose a 926 44 of 139
reasonable charge, as set by the department through regulation, for initiating or terminating low 927
income or moderate income discount rates, default service or standard offer service when a 928
customer does not make such an initiation or termination request upon the receipt of said results 929
and prior to the receipt of the next regularly scheduled meter reading. For purposes of this 930
subsection, there shall be a regular meter reading conducted of every residential account not less 931
often than once every 2 months. Notwithstanding the foregoing, there shall be no charge when 932
the initiation or termination is involuntary on the part of the customer. 933
SECTION 49. Section 30 of said chapter 164, as appearing in the 2022 Official Edition, 934
is hereby amended by adding the following paragraph:- 935
Notwithstanding any general or special law to the contrary, in deciding whether to 936
exercise its authority pursuant to this section, the department shall consider whether a request to 937
authorize gas distribution service is reasonable and in the public interest; provided, however, that 938
in determining reasonableness and the public interest, the department shall consider factors 939
including, but not limited to: (i) the commonwealth’s interest in complying with the greenhouse 940
gas emissions limits and sublimits established pursuant to chapter 21N, including the statewide 941
emissions limit set for 2050; (ii) the commonwealth’s interest in avoiding the stranding of assets 942
and the likelihood of costs being borne by ratepayers; and (iii) whether an alternative to gas 943
service is available and likely to provide substantially similar service, which shall include 944
consideration of cost. 945
SECTION 50. Section 69G of said chapter 164, as so appearing, is hereby amended by 946
striking out, in line 1, the words “sixty- nine H to sixty- nine R” and inserting in place thereof the 947
following words:- 69H to 69W. 948 45 of 139
SECTION 51. Said section 69G of said chapter 164, as so appearing, is hereby further 949
amended by striking out the definition of “Applicant” and inserting in place thereof the following 950
2 definitions:- 951
“Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas 952
produced by the accelerated biodegradation of organic materials under controlled anaerobic 953
conditions; and (ii) has been determined by the department of energy resources, in coordination 954
with the department of environmental protection, to qualify under the department of energy 955
resources regulations as a Class I renewable energy generating source under section 11F of 956
chapter 25A. 957
“Applicant”, a person or group of persons who submits to the department or board a 958
long-range plan, a petition to construct a facility, a petition for a consolidated permit for a large 959
clean energy infrastructure facility or small clean energy infrastructure facility, a petition for a 960
certificate of environmental impact and public need, a notice of intent to construct an oil facility 961
or any application, petition or matter referred by the chair of the department to the board 962
pursuant to section 69H. 963
SECTION 52. Said section 69G of said chapter 164, as so appearing, is hereby further 964
amended by inserting after the definition of “Certificate” the following definition:- 965
“Consolidated permit”, a permit issued by the board to a large clean energy 966
infrastructure facility or a small clean energy infrastructure facility that includes all municipal, 967
regional and state permits that the large or small clean energy infrastructure facility would 968
otherwise need to obtain individually, with the exception of certain federal permits that are 969
delegated to specific state agencies as determined by the board. 970 46 of 139
SECTION 53. Said section 69G of said chapter 164, as so appearing, is hereby further 971
amended by striking out the definition of “Department” and inserting in place thereof the 972
following 3 definitions:- 973
“Cumulative impact analysis”, a written report produced by the applicant assessing 974
impacts and burdens, including but not limited to any existing environmental burden and public 975
health consequences impacting a specific geographical area in which a facility, large clean 976
energy infrastructure facility or small clean energy infrastructure facility is proposed from any 977
prior or current private, industrial, commercial, state or municipal operation or project ; 978
provided, that if the analysis indicates that such a geographical area is subject to an existing 979
unfair or inequitable environmental burden or related health consequence, the analysis shall 980
identify any: (i) environmental and public health impact from the proposed project that would 981
likely result in a disproportionate adverse effect on such geographical area; (ii) potential impact 982
or consequence from the proposed project that would increase or reduce the effects of climate 983
change on such geographical area; and (iii) proposed potential remedial actions to address any 984
disproportionate adverse impacts to the environment, public health and climate resilience of such 985
geographical area that may be attributable to the proposed project. Said cumulative impact 986
analysis shall be developed in accordance with guidance established by the office of 987
environmental justice and equity established pursuant to section 29 of chapter 21A and 988
regulations promulgated by the board. 989
“Department”, the department of public utilities. 990
“Director”, the director of the facilities siting division appointed pursuant to section 12N 991
of chapter 25, who shall serve as the director of the board; provided, however, that the director 992 47 of 139
may issue decisions on de novo adjudications of local permit applications pursuant to section 993
69W of chapter 164. 994
SECTION 54. Said section 69G of said chapter 164, as so appearing, is hereby further 995
amended by inserting after the word “capacity”, in line 46, the following words:- ; provided, 996
however, that “facility” shall not include a large clean energy infrastructure facility or small 997
clean energy infrastructure facility. 998
SECTION 55. Said section 69G of said chapter 164, as so appearing, is hereby further 999
amended by striking out, in line 48, the words “and liquified natural gas” and inserting in place 1000
thereof the following words:- liquified natural gas, renewable natural gas and hydrogen. 1001
SECTION 56. Said section 69G of said chapter 164, as so appearing, is hereby further 1002
amended by striking out, in line 61, the figure “100” and inserting in place thereof the following 1003
figure:- 25. 1004
SECTION 57. Said section 69G of said chapter 164, as so appearing, is hereby further 1005
amended by inserting after the definition of “Generating facility” the following 4 definitions:- 1006
“Large clean energy generation facility”, energy generation infrastructure with a 1007
nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar 1008
facility or wind facility, including any ancillary structure that is an integral part of the operation 1009
of the large clean energy generation facility, or, following a rulemaking by the board in 1010
consultation with the department of energy resources that includes the facility within the 1011
regulatory definition of a large clean energy generation facility, any other type of generation 1012
facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for 1013
solar facilities shall be calculated in direct current. 1014 48 of 139
“Large clean energy infrastructure facility”, a large clean energy generation facility, large 1015
clean energy storage facility or large clean transmission and distribution infrastructure facility. 1016
“Large clean energy storage facility”, an energy storage system as defined under section 1017
1 with a rated capacity of not less than 100 megawatt hours, including any ancillary structure that 1018
is an integral part of the operation of the large clean energy storage facility. 1019
“Large clean transmission and distribution infrastructure facility”, electric transmission 1020
and distribution infrastructure and related ancillary infrastructure that is: (i) a new electric 1021
transmission line having a design rating of not less than 69 kilovolts and that is not less than 1 1022
mile in length on a new transmission corridor, including any ancillary structure that is an integral 1023
part of the operation of the transmission line; (ii) a new electric transmission line having a design 1024
rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing 1025
transmission corridor except reconductored or rebuilt transmission lines at the same voltage, 1026
including any ancillary structure that is an integral part of the operation of the transmission line; 1027
(iii) any other new electric transmission infrastructure requiring zoning exemptions, including 1028
standalone transmission substations and upgrades and any ancillary structure that is an integral 1029
part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore 1030
wind to the grid; provided, however, that the large clean transmission and distribution facility is: 1031
(A) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection 1032
of clean energy infrastructure to the electric grid; (B) approved by the regional transmission 1033
operator in relation to interconnecting clean energy infrastructure; (C) proposed to ensure electric 1034
grid reliability and stability; or (D) will help facilitate the electrification of the building and 1035
transportation sectors; provided further, that a “large clean transmission and distribution 1036
infrastructure facility” shall not include new transmission and distribution infrastructure that 1037 49 of 139
solely interconnects new and existing energy generation powered by fossil fuels on or after 1038
January 1, 2026. 1039
SECTION 58. Said section 69G of said chapter 164, as so appearing, is hereby further 1040
amended by striking out the definition of “Significant portion of his income” and inserting in 1041
place thereof the following 6 definitions:- 1042
“Significant portion of their income”, 10 per cent of gross personal income for a calendar 1043
year; provided, however, that it shall mean 50 per cent of gross personal income for a calendar 1044
year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, 1045
pension or similar arrangement. Income includes retirement benefits, consultants’ fees and stock 1046
dividends. Income shall not be received directly or indirectly from permit holders or applicants 1047
for a permit where it is derived from mutual fund payments or from other diversified investments 1048
over which the recipient does not know the identity of the primary sources of income. 1049
“Small clean energy generation facility”, as defined in section 21 of chapter 25A. 1050
“Small clean energy infrastructure facility”, as defined in section 21 of chapter 25A. 1051
“Small clean energy storage facility”, as defined in section 21 of chapter 25A. 1052
“Small clean transmission and distribution infrastructure facility”, as defined in section 1053
21 of chapter 25A. 1054
“Solar facility”, a ground mounted facility that uses sunlight to generate electricity. 1055
SECTION 59. Said section 69G of said chapter 164, as so appearing, is hereby further 1056
amended by adding the following definition:- 1057 50 of 139
“Wind facility”, an onshore or offshore facility that uses wind to generate electricity. 1058
SECTION 60. Section 69H of said chapter 164, as amended by section 292 of chapter 7 1059
of the acts of 2023, is hereby further amended by striking out the first 3 paragraphs and inserting 1060
in place thereof the following 4 paragraphs:- 1061
There shall be an energy facilities siting board within the department, but not under the 1062
supervision or control of the department. The board shall implement the provisions contained in 1063
sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provide a reliable, 1064
resilient and clean supply of energy consistent with the commonwealth’s climate change and 1065
greenhouse gas reduction policies and requirements; (ii) ensure that large clean energy 1066
infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities 1067
avoid or minimize or, if impacts cannot be avoided or minimized, mitigate environmental 1068
impacts and negative health impacts to the extent practicable; (iii) ensure that large clean energy 1069
infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are, 1070
to the extent practicable, in compliance with energy, environmental, land use, labor, economic 1071
justice, environmental justice and equity and public health and safety policies of the 1072
commonwealth, its subdivisions and its municipalities; and (iv) ensure large clean energy 1073
infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are 1074
constructed in a manner that avoids or minimizes costs. The board shall review: (A) the need for, 1075
cost of and environmental and public health impacts of transmission lines, natural gas pipelines, 1076
facilities for the manufacture and storage of gas, oil facilities, large clean transmission and 1077
distribution infrastructure facilities and small clean transmission and distribution infrastructure 1078
facilities; and (B) the environmental and public health impacts of generating facilities, large 1079 51 of 139
clean energy generation facilities, small clean energy generation facilities, large clean energy 1080
storage facilities and small clean energy storage facilities. 1081
Any determination made by the board shall describe the environmental and public health 1082
impacts, if any, of the large clean energy infrastructure facility, small clean energy infrastructure 1083
facility, facility or oil facility and shall include findings, including, but not be limited to, findings 1084
that: (i) efforts have been made to avoid or minimize or, if impacts cannot be avoided or 1085
minimized, mitigate environmental impacts; (ii) due consideration has been given to the findings 1086
and recommendations of local governments; (iii) in the case of large clean transmission and 1087
distribution infrastructure facilities, small clean transmission and distribution infrastructure 1088
facilities and natural gas pipelines, due consideration has been given to advanced conductors, 1089
advanced transmission technologies, grid enhancement technologies, non- wires or non- pipeline 1090
alternatives, the repair or retirement of pipelines and other alternatives in an effort to avoid or 1091
minimize expenditures; (iv) in the case of large clean transmission and distribution infrastructure 1092
facilities and small clean transmission and distribution infrastructure facilities, the infrastructure 1093
or project will increase the capacity of the system to interconnect large electricity customers, 1094
electric vehicle supply equipment, clean energy generation, clean energy storage or other clean 1095
energy generation sources that qualify under any clean energy standard regulation established by 1096
the department of environmental protection pursuant to subsection (d) of section 3 of chapter 1097
21N or will facilitate the electrification of the building and transportation sectors; and (v) due 1098
consideration has been given to any cumulative burdens on host communities and efforts that 1099
must be taken to avoid or minimize or, if impacts cannot be avoided or minimized, efforts to 1100
mitigate such burdens. In considering and issuing a decision, the board shall also consider 1101
reasonably foreseeable climate change impacts, including additional greenhouse gas or other 1102 52 of 139
pollutant emissions known to have negative health impacts, predicted sea level rise, flooding and 1103
any other disproportionate adverse effects on a specific geographical area. Such reviews shall be 1104
conducted consistent with section 69J 1/4 for generating facilities, section 69T for large clean 1105
energy infrastructure facilities, sections 69U to 69W, inclusive, for small clean energy 1106
infrastructure facilities and section 69J for all other types of facilities. 1107
The board shall be composed of: the secretary of energy and environmental affairs or a 1108
designee, who shall serve as chair; the secretary of economic development or a designee; the 1109
commissioner of environmental protection or a designee; the commissioner of energy resources 1110
or a designee; the chair of the department of public utilities or a designee; the commissioner of 1111
fish and game or a designee; the commissioner of public health or a designee; and 4 public 1112
members to be appointed by the governor for a term coterminous with that of the governor, 1 of 1113
whom shall be a representative of the Massachusetts Association of Regional Planning Agencies, 1114
1 of whom shall be a representative of the Massachusetts Municipal Association, Inc. with 1115
expertise in municipal permitting matters, 1 of whom shall be experienced in environmental 1116
justice issues or indigenous sovereignty and 1 of whom shall be experienced in labor issues; 1117
provided, however, that the public members shall not have received, within the 2 years 1118
immediately preceding appointment, a significant portion of their income directly or indirectly 1119
from the developer of an energy facility or an electric, gas or oil company. The public members 1120
shall serve on a part-time basis, receive $100 per diem of board service and be reimbursed by the 1121
commonwealth for all reasonable expenses actually and necessarily incurred in the performance 1122
of official board duties. Upon the resignation of any public member, a successor shall be 1123
appointed in a like manner for the unexpired portion of the term. Appointees shall serve for not 1124
more than 2 consecutive full terms. 1125 53 of 139
In the event of the absence, recusal or disqualification of the chair, the commissioner of 1126
energy resources shall appoint an acting chair from the remaining members of the board. The 1127
board shall meet at such time and place as the chair may designate or upon the request of 3 1128
members. The board shall render a final decision on an application by a majority vote of the 1129
members in attendance at a meeting and 5 members shall constitute a quorum. 1130
SECTION 61. The fifth paragraph of said section 69H of said chapter 164, as appearing 1131
in the 2022 Official Edition, is hereby amended by striking out clause (1) and inserting in place 1132
thereof the following clause:- 1133
(1) To adopt and publish rules and regulations consistent with the purposes of sections 1134
69H to 69S, inclusive, and to amend the same from time to time, including, but not limited to, 1135
rules and regulations for the conduct of the board’s public hearings under sections 69H 1/2, 69J, 1136
69J 1/4, 69M and 69T to 69W, inclusive. 1137
SECTION 62. Said section 69H of said chapter 164, as so appearing, is hereby further 1138
amended by adding the following 2 paragraphs:- 1139
In consultation with the office of environmental justice and equity and the Massachusetts 1140
environmental policy act office, the board shall promulgate regulations for cumulative impact 1141
analysis as part of its review of facilities, large clean energy infrastructure facilities and small 1142
clean energy infrastructure facilities; provided, however, that such regulations shall be informed 1143
by the cumulative impact analysis standards and guidelines issued pursuant to section 29 of 1144
chapter 21A. 1145
The board and any proponent or owner of a large clean energy infrastructure facility or 1146
small clean energy infrastructure facility shall not be subject to any provisions of sections 61 to 1147 54 of 139
62L, inclusive, of chapter 30 in relation to an application or petition for a comprehensive permit 1148
or de novo adjudication filed under sections 69T to 69W, inclusive. This section shall apply to 1149
any state agency issuing, in relation to an application or petition under said sections 69T to 69V, 1150
inclusive, a federal permit that is delegated to that agency and determined by the board to be 1151
excluded from the definition of consolidated permit in section 69G. 1152
SECTION 63. The third paragraph of section 69I of said chapter 164, as so appearing, is 1153
hereby amended by striking out the last sentence and inserting in place thereof the following 1154
sentence:- Neither the board nor any other person shall, in taking any action pursuant to sections 1155
69J to 69J1/4, inclusive, or sections 69T to 69W, inclusive, be subject to sections 61 to 62H, 1156
inclusive, of chapter 30. 1157
SECTION 64. Section 69J of said chapter 164, as so appearing, is hereby amended by 1158
inserting after the word “facility”, in lines 1 and 2, the following words:- that is not a large clean 1159
energy infrastructure facility or small clean energy infrastructure facility. 1160
SECTION 65. Said section 69J of said chapter 164, as so appearing, is hereby further 1161
amended by striking out the second to fourth paragraphs, inclusive, and inserting in place thereof 1162
the following paragraph:- 1163
A petition to construct a facility shall include, in such form and detail as the board shall 1164
from time to time prescribe: (i) a description of the facility, site and surrounding areas; (ii) an 1165
analysis of the need for the facility, either within or outside, or both within and outside the 1166
commonwealth, including a description of the energy benefits of the facility; (iii) a description of 1167
the alternatives to the facility, such as other methods of transmitting or storing energy, other site 1168
locations, other sources of electrical power or gas or a reduction of requirements through load 1169 55 of 139
management; (iv) a description of the environmental impacts of the facility, including both 1170
environmental benefits and burdens, that includes a description of efforts to avoid, minimize and 1171
mitigate burdens and efforts to enhance benefits, such as shared use, recreational paths or access 1172
to nature; (v) evidence that all pre- filing consultation and community engagement requirements 1173
established by the board have been satisfied and, if not, the applicant shall demonstrate good 1174
cause for a waiver of the requirements that could not be satisfied by the applicant; and (vi) a 1175
cumulative impact analysis. The board may issue and revise filing guidelines after public notice 1176
and a period for comment. Said filing guidelines shall require the applicant to provide minimum 1177
data for review related to climate change impact, land use impact, water resource impact, air 1178
quality impact, fire and other public safety risks, solid waste impact, radiation impact, noise 1179
impact and other public health impacts as determined by the board. 1180
SECTION 66. Said section 69J of said chapter 164, as so appearing, is hereby further 1181
amended by striking out the last paragraph and inserting in place thereof the following 1182
paragraph:- 1183
This section shall not apply to petitions submitted under sections 69U to 69W, inclusive, 1184
or petitions to construct a generating facility or a large clean energy infrastructure facility, which 1185
shall be subject to sections 69J1/4 and 69T, respectively 1186
SECTION 67. Section 69J1/4 of said chapter 164, as so appearing, is hereby amended by 1187
inserting after the word “facility”, in line 2, the following words:- that is not a large clean energy 1188
infrastructure facility or small clean energy infrastructure facility. 1189 56 of 139
SECTION 68. Said section 69J1/4 of said chapter 164, as so appearing, is hereby further 1190
amended by striking out the third paragraph and inserting in place thereof the following 1191
paragraph:- 1192
A petition to construct a generating facility shall include, in such form and detail as the 1193
board shall from time to time prescribe, the following information: (i) a description of the 1194
proposed generating facility, including any ancillary structures and related facilities, including a 1195
description of the energy benefits of the generating facility; (ii) a description of the 1196
environmental and public health impacts of the facility, including both environmental and public 1197
health benefits and burdens, that includes efforts to avoid or minimize or, if impacts cannot be 1198
avoided or minimized, to mitigate the burdens and enhance the benefits, as well as costs 1199
associated with the mitigation, control or reduction of such environmental and public health 1200
impacts; (iii) a description of the project development and site selection process used in choosing 1201
the design and location of the proposed generating facility; (iv) either: (a) evidence that the 1202
expected emissions from the facility meet the technology performance standard in effect at the 1203
time of filing; or (b) a description of the environmental impacts, costs and reliability of other 1204
fossil fuel generating technologies and an explanation of why the proposed technology was 1205
chosen; (v) evidence that all prefiling consultation and community engagement requirements 1206
established by the board have been satisfied and, if not, the applicant shall demonstrate good 1207
cause for a waiver of the requirements that could not be satisfied by the applicant; (vi) a 1208
cumulative impact analysis; and (vii) any other information necessary to demonstrate that the 1209
generating facility meets the requirements for approval specified in this section. 1210
SECTION 69. Said chapter 164 is hereby further amended by striking out section 69J1/2, 1211
as so appearing, and inserting in place thereof the following section:- 1212 57 of 139
Section 69J1/2. Notwithstanding any general or special law to the contrary, the 1213
department may charge a fee as specified by its regulations for each application to construct a 1214
facility that generates electricity, a large clean energy generation facility, a small clean energy 1215
generation facility, a large clean energy storage facility, a small clean energy storage facility, a 1216
non-utility owned large clean transmission and distribution infrastructure facility or a small clean 1217
transmission and distribution infrastructure facility. If the application to construct any such 1218
facility is accompanied by an application to construct 1 additional facility that does not generate 1219
electricity, the department may charge a fee as specified by its regulations for the combined 1220
application. If an application to construct a facility that generates electricity is accompanied by 1221
applications to construct 2 additional facilities that do not generate electricity, the department 1222
may charge a fee as specified by its regulations for the combined application. If an application to 1223
construct a facility that does not generate electricity is filed separately, the department may 1224
charge a fee as specified by its regulations for each such application; provided, however, that, the 1225
department may charge a lower fee for applications to construct facilities that do not generate 1226
electricity and that are below a size to be determined by the department. Said fees shall be 1227
payable upon issuance of the notice of adjudication and public hearing. 1228
The department may retain said fees for the purpose of reviewing applications to 1229
construct or consolidated permit applications for large clean energy infrastructure facilities, small 1230
clean energy infrastructure facilities or other facilities subject to this section and for the purpose 1231
of creating a clean energy infrastructure dashboard established under section 12N of chapter 25. 1232
Any remaining balance of fees at the end of a fiscal year shall not revert to the General 1233
Fund but shall remain available to the department during the following fiscal year for the 1234
purposes of this section or section 12S of chapter 25. 1235 58 of 139
The department shall issue an annual report summarizing the data and information 1236
required by this section, including, but not limited to: (i) the number of applications filed for 1237
facilities, large clean energy infrastructure facilities and small clean energy infrastructure 1238
facilities, decided and pending; (ii) the average duration of review; and (iii) the average staffing 1239
levels; provided, however, that the annual report shall make use of bar charts, line charts and 1240
other visual representations in order to facilitate public understanding of events of the immediate 1241
preceding year and of long- term and cumulative trends and outcomes. The board shall file the 1242
report with the clerks of the house of representatives and the senate, the house and senate 1243
committees on ways and means and the joint committee on telecommunications, utilities and 1244
energy not later than January 31. 1245
Nothing contained in this section shall be interpreted as changing the statutory mandates 1246
of the department or board or the type of facilities that may be constructed by applicants that are 1247
not utilities. Nothing contained in this section shall be interpreted as changing the regulations or 1248
body of precedent of the department or board or interpreted as changing the rights of intervenors 1249
before the department or board. 1250
SECTION 70. Section 69O of said chapter 164, as so appearing, is hereby amended by 1251
striking out, in lines 7 and 8, the words “sixty- one to sixty- two H, inclusive, of chapter thirty” 1252
and inserting in place thereof the following words:- 61 to 62L, inclusive, of chapter 30. 1253
SECTION 71. Said chapter 164 is hereby further amended by striking out section 69P, as 1254
so appearing, and inserting in place thereof the following section:- 1255
Section 69P. Any party in interest aggrieved by a final decision of the board or the 1256
director shall have a right to judicial review in the manner provided by section 5 of chapter 25. 1257 59 of 139
The scope of such judicial review shall be limited to whether the decision of the board or the 1258
director: (i) is in conformity with the Constitution of the Commonwealth and the United states 1259
Constitution; (ii) was made in accordance with the procedures established in section 69H to 69O, 1260
inclusive, and section 69T to 69W, inclusive, and the rules and regulations of the board with 1261
respect to such provisions; (iii) was supported by substantial evidence of record in the board’s 1262
proceedings; or (iv) was arbitrary, capricious or an abuse of the board’s discretion under said 1263
section 69H to 69O, inclusive, and said section 69T to 69W, inclusive. 1264
SECTION 72. Said chapter 164 is hereby further amended by striking out section 69R, as 1265
so appearing, and inserting in place thereof the following section:- 1266
Section 69R. An electric or gas company, generation company or wholesale generation 1267
company may petition the board for the right to exercise the power of eminent domain with 1268
respect to a facility, large clean transmission and distribution infrastructure facility or small clean 1269
transmission and distribution infrastructure facility, specified and contained in a petition or 1270
application submitted in accordance with sections 69J, 69T or 69U, or a bulk power supply 1271
substation if such company is unable to reach an agreement with the owners of land for the 1272
acquisition of any necessary estate or interest in land. The applicant shall forward, at the time of 1273
filing such petition, a copy thereof to each city, town and property owner affected. 1274
The company shall file with such petition or have annexed thereto: (i) a statement of the 1275
use for which such land is to be taken; (ii) a description of land to be taken sufficient for the 1276
identification thereof; (iii) a statement of the estate or interest in the land to be taken for such 1277
use; (iv) a plan showing the land to be taken; (v) a statement of the sum of money established by 1278 60 of 139
such utility to be just compensation for the land to be taken; and (vi) such additional maps and 1279
information as the board requires. 1280
The board, after such notice as it may direct, shall hold at least 1 public hearing in the 1281
community in which the land to be taken is located. For facilities involving takings in several 1282
communities, the hearing shall be held in communities in proximity to the land to be taken, as 1283
determined by the board. The board may thereafter authorize the company to take by eminent 1284
domain under chapter 79 such lands necessary for the construction of the facility as are required 1285
in the public interest, convenience and necessity. The board shall transmit a certified copy of its 1286
order to the company and to the clerk of each affected municipality. 1287
If the board dismisses the petition at any stage in the proceedings, no further action shall 1288
be taken thereon and the company may file a new petition not less than 1 year after the date of 1289
such dismissal. 1290
Following a taking under this section, the electric or gas company may forthwith proceed 1291
to utilize such land. If the electric or gas company shall not utilize the lands so taken for the 1292
purpose or purposes authorized in the department’s order within such time as the board shall 1293
determine, its rights under such taking shall cease and terminate. 1294
No land, rights of way or other easements therein in any public way, public park, 1295
reservation or other land subject to Article 97 of the Amendments to the Constitution of the 1296
Commonwealth shall be taken by eminent domain under this section except in accordance with 1297
said Article 97. 1298 61 of 139
This section shall not be construed as abrogating the board’s jurisdiction described in 1299
section 72 in respect to transmission lines or the board’s jurisdiction described in sections 75B to 1300
75G, inclusive, in respect to natural gas transmission lines. 1301
SECTION 73. The second paragraph of section 69S of said chapter 164, as so appearing, 1302
is hereby amended by striking out the first sentence and inserting in place thereof the following 1303
sentence:- The board, after such notice as it may direct, shall hold at least 1 public hearing in the 1304
city or town in which the greater portion of said land in question is located. 1305
SECTION 74. Said chapter 164 is hereby further amended by inserting after section 69S 1306
the following 4 sections:- 1307
Section 69T. (a) The energy facilities siting board may issue consolidated permits for 1308
large clean energy infrastructure facilities. No applicant shall commence construction of a large 1309
clean energy infrastructure facility at a site unless an application for a consolidated permit for 1310
such facility pursuant to this section has been approved by the board and no state agency shall 1311
issue a construction permit for any such facility unless the petition to construct such facility has 1312
been approved by the board. For the purposes of this section, construction shall not include 1313
contractual obligations to purchase facilities or equipment. 1314
(b) The board shall establish the following criteria governing the siting and permitting of 1315
large clean energy infrastructure facilities: (i) a uniform set of baseline health, safety, 1316
environmental and other standards that apply to the issuance of a consolidated permit; (ii) a 1317
common standard application to be used when submitting an application to the board; (iii) pre-1318
filing requirements commensurate with the scope and scale of the proposed large clean energy 1319
infrastructure facility, which shall include specific requirements for pre-filing consultations with 1320 62 of 139
permitting agencies and the Massachusetts environmental policy act office, public meetings and 1321
other forms of outreach that must occur in advance of an applicant submitting an application; (iv) 1322
standards for applying site suitability criteria developed by the executive office of energy and 1323
environmental affairs pursuant to section 30 of chapter 21A to evaluate the social and 1324
environmental impacts of proposed large clean energy infrastructure project sites and which shall 1325
include a mitigation hierarchy to be applied during the permitting process to avoid or minimize 1326
or, if impacts cannot be avoided or minimized, mitigate impacts of siting on the environment, 1327
people and goals and objectives of the commonwealth for climate mitigation, carbon storage and 1328
sequestration, resilience, biodiversity and protection of natural and working lands to the extent 1329
practicable; (v) standards for applying the cumulative impacts analysis standards and guidelines 1330
developed by the office of environmental justice and equity pursuant to section 29 of chapter 1331
21A; (vi) standard permit conditions and requirements for a single permit consolidating all 1332
necessary local, regional and state approvals to be issued to different types of large clean energy 1333
infrastructure facilities in the event that constructive approval is triggered through the non-1334
issuance of a permit by the board pursuant to subsection (i); and (vii) entities responsible for 1335
compliance and enforcement of permit conditions, including in the event of sale of large clean 1336
energy infrastructure facilities after permitting. 1337
(c) An application for a consolidated permit for a large clean transmission and 1338
distribution infrastructure facility shall include, in such form and detail as the board shall from 1339
time to time prescribe: (i) a description of the large clean transmission and distribution 1340
infrastructure facility, site and surrounding areas; (ii) an analysis of the need for the large clean 1341
transmission and distribution infrastructure facility, either within or outside or both within and 1342
outside the commonwealth, including a description of energy benefits; (iii) a description of the 1343 63 of 139
alternatives to the large clean transmission and distribution infrastructure facility, including 1344
siting and project alternatives to avoid or minimize or, if impacts cannot be avoided or 1345
minimized, mitigate impacts; (iv) a description of the environmental impacts of the large clean 1346
transmission and distribution infrastructure facility, including both environmental burdens and 1347
benefits such as shared use, recreational paths or access to nature; (v) evidence that all pre-filing 1348
consultation and community engagement requirements established by the board have been 1349
satisfied and, if not, a demonstration of good cause for a waiver of the requirements that could 1350
not be satisfied by the applicant; and (vi) a cumulative impact analysis. The board may issue and 1351
revise filing guidelines after public notice and a period for comment. 1352
(d) An application for a consolidated permit for a large clean energy generation facility or 1353
large clean energy storage facility shall include, in such form and detail as the board shall from 1354
time to time prescribe: (i) a description of the large clean energy generation facility’s or large 1355
clean energy storage facility’s site and surrounding areas, including any ancillary structures and 1356
related facilities and a description of the energy benefits of the large clean energy generation 1357
facility or large clean energy storage facility; (ii) a description of the environmental impacts of 1358
the large clean energy generation facility or large clean energy storage facility, including both 1359
environmental benefits and burdens; (iii) a description of the project site selection process and 1360
alternatives analysis used in choosing the location of the proposed large clean energy generation 1361
facility or large clean energy storage facility to avoid or minimize or, if impacts cannot be 1362
avoided or minimized, mitigate impacts; (iv) evidence that all pre-filing consultation and 1363
community requirements established by the board have been satisfied and, if not, a 1364
demonstration of good cause for a waiver of the requirements that could not be satisfied by the 1365 64 of 139
applicant; and (v) a cumulative impact analysis. The board may issue and revise filing guidelines 1366
after public notice and a period for comment. 1367
(e) Review by the board of the application shall be an adjudicatory proceeding under 1368
chapter 30A. The authority of the board to conduct the adjudicatory proceeding under this 1369
section may be delegated in whole or in part to the employees of the department. Pursuant to the 1370
rules of the board, such employees shall report back to the board with recommended decisions 1371
for final action thereon. 1372
(f) The board shall determine whether a large clean energy infrastructure facility permit 1373
application is complete within 30 days of receipt of the application. If an application is deemed 1374
not complete, the applicant shall have 30 days to cure any deficiencies identified by the board 1375
before the application is rejected. The board may provide extensions of time to cure deficiencies 1376
if the applicant can demonstrate extenuating circumstances. 1377
(g) The board shall conduct a public hearing in at least 1 of the affected cities or towns in 1378
which a large clean energy infrastructure facility would be located. 1379
(h) Following a determination by the board that an application for a large clean energy 1380
infrastructure facility is complete, all municipal, regional and state agencies, authorities, boards, 1381
commissions, offices or other entities that would otherwise be required to issue at least 1 permit 1382
to the facility shall be deemed to be substantially and specifically affected by the proceeding and 1383
upon notification to the board shall have intervenor status in the proceeding to review the 1384
facility’s application. All municipal, regional and state agencies, authorities, boards, 1385
commissions, offices or other entities that would otherwise be required to issue at least 1 permit 1386
to the facility shall be afforded an opportunity to submit statements of recommended permit 1387 65 of 139
conditions to the board relative to the respective permits that each agency, authority, board, 1388
commission, office or other entity would otherwise be responsible for issuing. 1389
(i) The board shall establish timeframes for reviewing different types of large clean 1390
energy infrastructure facilities based on the complexity of the facility, the need for an exemption 1391
from local zoning requirements and community impacts, but in no instance shall the board take 1392
more than 15 months from the determination of application completeness to render a final 1393
decision on an application. The board shall have the authority to approve, approve with 1394
conditions or reject a consolidated permit application. If no final decision is issued within the 1395
deadline established by the board for the type of large clean energy infrastructure facility, the 1396
board shall issue a permit granting approval to construct that includes the common conditions 1397
and requirements established by the board through regulations for the type of large clean energy 1398
infrastructure facility under review, which shall be deemed a final decision of the board. A 1399
consolidated permit, if issued, shall be in the form of a composite of all individual permits, 1400
approvals or authorizations that would otherwise be necessary for the construction and operation 1401
of the large clean energy infrastructure facility and that portion of the consolidated permit that 1402
relates to subject matters within the jurisdiction of a municipal, regional or state agency, 1403
authority, board, commission, office or other entity shall be enforced by said agency, authority, 1404
board, commission, office or other entity under other applicable laws of the commonwealth as if 1405
the consolidated permit had been directly granted by said agency, authority, board, commission, 1406
office or other entity. 1407
Section 69U. (a) Upon request by an applicant and upon a showing of good cause, the 1408
board may issue a consolidated permit for a small clean transmission and distribution 1409
infrastructure facility that is not automatically subject to the jurisdiction of the board pursuant to 1410 66 of 139
section 69G, if the applicant petitions the board to be granted a consolidated permit for such 1411
facility. The board shall review such petition in accordance with subsections (b) and (c). The 1412
board may issue such consolidated permit upon finding that the small clean transmission and 1413
distribution infrastructure facility will serve the public convenience and is consistent with the 1414
public interest. Upon application for a consolidated permit under this section, no applicant shall 1415
commence construction of a small clean transmission and distribution infrastructure facility at a 1416
site unless a consolidated permit for construction of that small clean transmission and 1417
distribution infrastructure facility pursuant to this section has been approved by the board. For 1418
purposes of this section, “construction” shall not include contractual obligations to purchase such 1419
facilities or equipment. 1420
(b) The board shall establish the same criteria governing the siting and permitting of 1421
small clean transmission and distribution infrastructure facilities eligible to submit an application 1422
under this section as it is required to establish for large clean energy infrastructure facilities 1423
pursuant to subsection (b) of section 69T. An application for a consolidated permit for a small 1424
clean transmission and distribution infrastructure facility shall include the same elements as 1425
required for large clean transmission and distribution infrastructure facilities under subsection (c) 1426
of said section 69T. Subject to subsection (c), subsections (d) to (i), inclusive, of said section 69T 1427
shall apply to the process followed by the board regarding the issuance of a consolidated permit 1428
to any small clean transmission and distribution infrastructure facility under this section. 1429
(c) The board shall establish timeframes and procedures for reviewing different types of 1430
small clean transmission and distribution infrastructure facilities based on the complexity of the 1431
facility and the need for an exemption from local zoning requirements, but in no instance shall 1432
the board take more than 12 months from the determination of application completeness to 1433 67 of 139
render a final decision on an application. The board shall have the authority to approve, approve 1434
with conditions or reject a permit application. If no final decision is issued within the deadline 1435
for the type of small clean transmission and distribution infrastructure facility established by the 1436
board, the board shall issue a permit granting approval to construct that adopts the common 1437
conditions and requirements established by the board in regulation for the type of small clean 1438
transmission and distribution infrastructure facility under review, which shall be deemed a final 1439
decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all 1440
individual permits, approvals or authorizations that would otherwise be necessary for the 1441
construction and operation of the small clean transmission and distribution infrastructure facility 1442
and the portion of the consolidated permit that relates to subject matters within the jurisdiction of 1443
a municipal, regional or state agency, authority, board, commission, office or other entity shall 1444
be enforced by said agency, authority, board, commission, office or other entity under the other 1445
applicable laws of the commonwealth as if the consolidated permit had been directly granted by 1446
said agency, authority, board, commission, office or other entity. 1447
Section 69V. (a) The board may issue a consolidated permit for a small clean energy 1448
generation facility or a small clean energy storage facility. An owner or proponent of a small 1449
clean energy generation facility or a small clean energy storage facility may submit an 1450
application to the board to be granted a consolidated permit that shall include all state permits 1451
necessary to construct the small clean energy generation facility or small clean energy storage 1452
facility. All local government permits and approvals for a small clean energy generation facility 1453
or a small clean energy storage facility shall be issued separately pursuant to section 21 of 1454
chapter 25A. 1455 68 of 139
(b) The board shall establish the same criteria governing the siting and permitting of 1456
small clean energy generation facilities and small clean energy storage facilities eligible to 1457
submit an application under this section as it is required to establish for large clean energy 1458
infrastructure facilities pursuant to subsection (b) of section 69T. An application for a 1459
consolidated permit for a small clean energy generation facility or small clean energy storage 1460
facility eligible to submit an application under this section shall include the same elements as 1461
required for a large clean energy generation facility and a large clean energy storage facility 1462
under subsection (d) of said section 69T. Subsections (e) to (g), inclusive, of said section 69T 1463
shall apply to the issuance of a consolidated permit to any small clean energy generation facility 1464
or small clean energy storage facility under this section. 1465
(c) The board shall not take more than 12 months from the determination of application 1466
completeness to render a final decision on an application. The board may approve, approve with 1467
conditions or reject a permit application. If no final decision is issued within the deadline for the 1468
type of small clean energy generation facility or small clean energy storage facility established 1469
by the board, the board shall issue a permit granting approval to construct that adopts the 1470
common conditions and requirements established by the board in regulation for the type of small 1471
clean energy generation facility or small clean energy storage facility under review, which shall 1472
be deemed a final decision of the board. A consolidated permit shall be in the form of a 1473
composite of all individual permits, approvals or authorizations that would otherwise be 1474
necessary for the construction and operation of the small clean energy generation facility or 1475
small clean energy storage facility and that portion of the consolidated permit that relates to 1476
subject matters within the jurisdiction of a municipal, regional or state agency, authority, board, 1477
commission, office or other entity shall be enforced by said agency, authority, board, 1478 69 of 139
commission, office or other entity under the other applicable laws of the commonwealth as if the 1479
consolidated permit had been directly granted by said agency, authority, board, commission, 1480
office or other entity. 1481
Section 69W. (a) An owner or proponent of a small clean energy infrastructure facility 1482
that has received a final decision on, or a constructive approval of, a consolidated permit 1483
application from a local government, as defined in section 21 of chapter 25A, or other parties 1484
substantially and specifically affected by the decision of the local government may submit a 1485
request for a de novo adjudication of the local permit application by the director. Subject to 1486
subsection (g) of said section 21 of said chapter 25A, a local government may also submit a 1487
request for a de novo adjudication if their resources, capacity and staffing do not allow for 1488
review of a small clean energy infrastructure facility’s permit application within the required 1489
maximum 12-month timeframe for local government review established in said section 21 of 1490
said chapter 25A. Review by the director of the request for de novo adjudication shall be deemed 1491
an adjudicatory proceeding under chapter 30A. 1492
(b) A request for a de novo adjudication by an owner or proponent of a small clean 1493
energy infrastructure facility or other party substantially and specifically affected by a final 1494
decision of a local government shall be filed within 30 days of such decision. 1495
(c) Upon determination that at least 1 party seeking a de novo adjudication is 1496
substantially and specifically affected, the director of the board shall review the request and the 1497
local government’s final decision for consistency with the regulations adopting statewide 1498
permitting standards for such facilities established by the department of energy resources 1499
pursuant to section 21 of chapter 25A. The director shall render a decision on the request within 1500 70 of 139
6 months of receipt of the application and such decision shall be final. If the local government’s 1501
decision is found to be inconsistent with the regulatory standards established by the department 1502
of energy resources, the director may issue a final decision that supersedes the local 1503
government’s prior decision and imposes new local permit conditions that are consistent with the 1504
laws of the commonwealth. 1505
(d) The board shall establish regulations governing the process the director shall follow to 1506
conduct the review of requests for de novo adjudication under this section. 1507
SECTION 75. Said chapter 164 is hereby further amended by striking out sections 72 and 1508
72A, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2 1509
sections:- 1510
Section 72. An electric company, distribution company, generation company, 1511
transmission company or any other entity providing or seeking to provide transmission service 1512
may petition the energy facilities siting board for authority to construct and use, or to continue to 1513
use as constructed or with altered construction, a line for the transmission of electricity for 1514
distribution in some definite area or for supplying electricity to itself, another electric company 1515
or a municipal lighting plant for distribution and sale or to a railroad, street railway or electric 1516
railroad for the purpose of operating it and shall represent that such line will or does serve the 1517
public convenience and is consistent with the public interest. The company or other entity 1518
providing or seeking to provide transmission service shall forward at the time of filing such 1519
petition a copy thereof to each municipality within such area. The company or other entity shall 1520
file with such petition a general description of such transmission line and a map or plan showing 1521
the municipalities through which the line will or does pass and its general location. The company 1522 71 of 139
or other entity shall also furnish an estimate showing in reasonable detail the cost of the line and 1523
such additional maps and information as the energy facilities siting board requires. The energy 1524
facilities siting board, after notice and a public hearing in at least 1 of the municipalities affected, 1525
may determine that said line is necessary for the purpose alleged, will serve the public 1526
convenience and is consistent with the public interest. If the electric company, distribution 1527
company, generation company or transmission company or any other entity providing or seeking 1528
to provide transmission service shall file with the energy facilities siting board a map or plan of 1529
the transmission line showing the municipalities through which it will or does pass, the public 1530
ways, railroads, railways, navigable streams and tide waters in the municipality named in said 1531
petition that it will cross and the extent to which it will be located upon private land or upon, 1532
under or along public ways and places, the energy facilities siting board, after such notice as it 1533
may direct, shall hold a public hearing in at least 1 of the municipalities through which the line 1534
passes or is intended to pass. The energy facilities siting board may by order authorize an electric 1535
company, distribution company, generation company, transmission company or any other entity 1536
to take by eminent domain under chapter 79 such lands or such rights of way or widening thereof 1537
or other easements therein necessary for the construction and use or continued use as constructed 1538
or with altered construction of such line along the route prescribed in the order of the energy 1539
facilities siting board. The energy facilities siting board shall transmit a certified copy of its order 1540
to the company and the clerk of each affected municipality. The company or other entity may at 1541
any time before such hearing modify the whole or a part of the route of said line, either of its 1542
own motion or at the insistence of the energy facilities siting board or otherwise and, in such 1543
case, shall file with the energy facilities siting board maps, plans and estimates as aforesaid 1544
showing such changes. If the energy facilities siting board dismisses the petition at any stage in 1545 72 of 139
said proceedings, no further action shall be taken thereon and the company may file a new 1546
petition not less than 1 year after the date of such dismissal. When a taking under this section is 1547
effected, the company may forthwith, except as hereinafter provided, proceed to erect, maintain 1548
and operate thereon said line. If the company or other entity does not enter upon and construct 1549
such line upon the land so taken within 1 year thereafter, its right under such taking shall cease 1550
and terminate. No lands or rights of way or other easements therein shall be taken by eminent 1551
domain under the provisions of this section in any public way, public place, park or reservation 1552
or within the location of any railroad, electric railroad or street railway company except with the 1553
consent of such company and on such terms and conditions as it may impose or except as 1554
otherwise provided in this chapter and no electricity shall be transmitted over any land, right of 1555
way or other easement taken by eminent domain as herein provided until the electric company, 1556
distribution company, generation company, transmission company or any other entity shall have 1557
acquired from the select board, city council or such other authority having jurisdiction all 1558
necessary rights in the public ways or public places in the municipality or municipalities, or in 1559
any park or reservation, through which the line will or does pass. No land, rights of way or other 1560
easements therein in any public way, public park, reservation or other land subject to Article 97 1561
of the Amendments to the Constitution of the Commonwealth shall be taken by eminent domain 1562
under this section except in accordance with said Article 97. No entity shall be authorized under 1563
this section or section 69R or section 24 of chapter 164A to take by eminent domain any lands or 1564
rights of way or other easements therein held by an electric company or transmission company to 1565
support an existing or proposed transmission line without the consent of the electric company or 1566
transmission company. 1567 73 of 139
No electric company, distribution company, generation company, transmission company 1568
or any other entity providing or seeking to provide transmission services shall be required to 1569
petition the energy facilities siting board under this section unless it is seeking authorization to 1570
take lands, rights of way or other easements under chapter 79. 1571
Section 72A. The energy facilities siting board may, upon petition, authorize an electric 1572
company to enter upon lands of any person or corporation for the purpose of making a survey 1573
preliminary to eminent domain proceedings. The energy facilities siting board shall give notice 1574
of the authorization granted, by registered mail, to the landowners involved not less than 5 days 1575
prior to any entry by such electric company. The company entering upon any such lands shall be 1576
subject to liability for any damages occasioned thereby to be recovered under chapter 79. 1577
SECTION 76. Said chapter 164 is hereby further amended by striking out section 75C, as 1578
so appearing, and inserting in place thereof the following section:- 1579
Section 75C. A natural gas pipeline company may petition the energy facilities siting 1580
board for the right to exercise the power of eminent domain under chapter 79. Such company 1581
shall file with the petition a general description of the pipeline and a map or plan thereof 1582
showing the rights of way, easements and other interests in land or other property proposed to be 1583
taken for such use, the towns through which the pipeline will pass, the public ways, railroads, 1584
railways, navigable streams and tide waters in the towns named in the petition that it will cross 1585
and the extent to which it will be located upon private land and upon, under or along public 1586
ways, lands and places. Upon the filing of such petition, the energy facilities siting board, after 1587
such notice as it may direct, shall provide notice to each municipality through which the pipeline 1588
is intended to pass and hold a public hearing in at least 1 of the towns through which the pipeline 1589 74 of 139
is intended to pass and may, by order, authorize the company to take by eminent domain under 1590
said chapter 79 such lands or such rights of way, easements or other interests in land or other 1591
property necessary for the construction, operation, maintenance, alteration and removal of the 1592
pipeline, compressor stations, appliances, appurtenances and other equipment along the route 1593
described in the order of the energy facilities siting board. The energy facilities siting board shall 1594
transmit a certified copy of its order to the company and the town clerk of each affected town. At 1595
any time before such hearing, the company may modify the whole or a part of the route of the 1596
pipeline, either of its own motion or at the insistence of the energy facilities siting board or 1597
otherwise and, in such case, shall file with the energy facilities siting board maps, plans and 1598
estimates showing such changes. If the energy facilities siting board dismisses the petition at any 1599
stage in the proceedings, no further action shall be taken thereon and the company may file a 1600
new petition not sooner than 1 year after the date of such dismissal. 1601
When a taking under this section is effected, the company may forthwith, except as 1602
hereinafter provided, proceed to construct, install, maintain and operate thereon such pipeline. If 1603
the company shall not enter upon and construct such line upon the land so taken within 1 year 1604
thereafter, its right under such taking shall cease and terminate. No lands or rights of way or 1605
easements therein shall be taken by eminent domain under the provisions of this section in any 1606
public way, public place, park or reservation or within the location of any railroad, electric 1607
railroad or street railway company, except that such pipeline may be constructed under any 1608
public way or any way dedicated to the public use; provided, however, that the rights granted 1609
hereunder shall not affect the right or remedy to recover damages for an injury caused to persons 1610
or property by the acts of such company; provided further, that such company shall put all such 1611
streets, lanes and highways in as good repair as they were when opened by such company and 1612 75 of 139
the method of such construction and the plans and specifications therefor have been approved 1613
either generally or in any particular instance by the energy facilities siting board or, in the case of 1614
state highways, by the department of highways. A natural gas pipeline company may construct 1615
such lines under, over or across the location on private land of any railroad, electric railroad or 1616
street railway corporation subject to section 73. Rights of way, buildings, structures or lands to 1617
be used in the construction of such pipelines over or upon the lands referred to therein shall be 1618
governed by section 34A of chapter 132. 1619
SECTION 77. The first paragraph of section 92 of said chapter 164, as so appearing, is 1620
hereby amended by adding the following 2 sentences:- Notwithstanding any general or special 1621
law to the contrary, in determining whether to issue an order directing a corporation to supply a 1622
petitioner with gas service, the department shall consider: (i) whether the grant of the petition is 1623
in the public interest, including the public interest in reducing greenhouse gas emissions and 1624
complying with the limits and sublimits established pursuant to chapter 21N; and (ii) whether, in 1625
the totality of the circumstances, the petitioner can secure adequate substitutes for gas-fired 1626
services for space heating, water heating and cooking appliances which, in the case of space 1627
heating, may include thermal energy that provides heating or cooling without combustion. The 1628
department may, in order to advance the public interest in reducing greenhouse gas emissions 1629
and complying with the limits and sublimits established pursuant to said chapter 21N, order 1630
actions that may vary the uniformity of the availability of natural gas service. 1631
SECTION 78. Subsection (c) of section 92B of said chapter 164, as so appearing, is 1632
hereby amended by striking out clauses (ii) and (iii) and inserting in place thereof the following 3 1633
clauses:- 1634 76 of 139
(ii) consider and include a summary of all proposed and related investments, alternatives 1635
to these investments and alternative approaches to financing these investments that have been 1636
reviewed, are under consideration or have been approved by the department previously; 1637
(iii) solicit input, such as planning scenarios and modeling, from the Grid Modernization 1638
Advisory Council established in section 92C, respond to information and document requests 1639
from said council and conduct technical conferences and not less than 2 stakeholder meetings to 1640
inform the public, appropriate state and federal agencies and companies engaged in the 1641
development and installation of distributed generation, energy storage, vehicle electrification 1642
systems and building electrification systems; and 1643
(iv) prepare and file a climate vulnerability and resilience plan at least once every 5 years 1644
based on best available data, which shall include, but not be limited to, the following: 1645
(A) an evaluation of the climate science and projected sea level rise, extreme 1646
temperature, precipitation, humidity and storms and other climate-related risks for the service 1647
territory; 1648
(B) an evaluation and risk assessment of potential impacts of climate change on existing 1649
operation, planning and physical assets; 1650
(C) identification, prioritization and cost-benefit analysis of adaptation options to 1651
increase asset and system-wide resilience over time; 1652
(D) a community engagement plan with targeted engagement for environmental justice 1653
populations in the service territory; and 1654 77 of 139
(E) an implementation timeline for making changes in line with the findings of the study 1655
such as modifying design and construction standards, modifying operations and planning 1656
processes and relocating or upgrading existing infrastructure to ensure reliability and resilience 1657
of the grid. 1658
SECTION 79. Said chapter 164 is hereby further amended by inserting after section 1659
116B, the following section:- 1660
Section 116C. (a) Distribution companies deploying advanced metering infrastructure in 1661
their territories shall jointly establish a centralized data repository to allow customers and third 1662
parties, including competitive suppliers, access to advanced metering data, including billing, 1663
interval usage and load data, in near-real time for all customer classes. The centralized data 1664
repository shall be developed in a cost-effective manner as approved by the department. 1665
(b) A supplier or other third party shall be entitled to access detailed advanced metering 1666
infrastructure customer data from the centralized data repository, subject to appropriate customer 1667
approval and protections. Advanced metering infrastructure data may include, but shall not be 1668
limited to, customer billing period usage data, peak demand, supplier information and relevant 1669
account information. 1670
(c) Electric customers may opt out of inclusion in the implementation of advanced 1671
metering infrastructure with notice to the distribution company. Upon receiving such notice, the 1672
distribution company shall remove the customer from the implementation plan, notify the 1673
department of the customer’s decision to opt out of such implementation plan in a manner 1674
determined by the department and charge such a customer any reasonable and necessary fees for 1675
delivering non- advanced metering service. 1676 78 of 139
(d) Distribution companies shall implement accelerated switching permitting a residential 1677
or small commercial electric customer to change suppliers within 3 business days. Customers 1678
moving within a distribution company’s territory shall be permitted to transfer their supplier 1679
directly to their new service location without being required to switch to an interim rate provided 1680
by the distribution company or other supplier. Customers establishing electric service shall be 1681
permitted to take service from their supplier on the first day of service. Customers shall not be 1682
required to take basic service from a distribution company prior to selecting and switching to a 1683
supplier. Notwithstanding the requirements of this subsection, a distribution company shall not 1684
implement accelerated switching until the advanced metering infrastructure, approved by the 1685
department in calendar year 2022 as part of a company’s grid modernization plan, is fully 1686
deployed. 1687
(e) Distribution companies shall be entitled to recovery of prudent and necessary 1688
expenses for the implementation of advanced metering data repositories. The department may 1689
implement penalties for failure of distribution companies to meet implementation goals. 1690
SECTION 80. Section 141 of said chapter 164, as appearing in the 2022 Official Edition, 1691
is hereby amended by striking out the last sentence and inserting in place thereof the following 1692
sentence:- Where the scale of on-site generation would have an impact on affordability for low 1693
income or eligible moderate income customers, a fully compensating adjustment shall be made 1694
to the low income or moderate income rate discount. 1695
SECTION 81. Said chapter 164 is hereby further amended by striking out section 145, as 1696
so appearing, and inserting in place thereof the following section:- 1697 79 of 139
Section 145. (a) For the purposes of this section, the following words shall have the 1698
following meanings unless the context clearly requires otherwise,:- 1699
“Customer”, a retail natural gas customer. 1700
“Eligible infrastructure measure”, a replacement, retirement or an improvement of 1701
existing infrastructure of a gas company that: (i) is made on or after January 1, 2015; (ii) is 1702
designed to improve public safety or infrastructure reliability; (iii) does not increase the revenue 1703
of a gas company by connecting an improvement for a principal purpose of serving new 1704
customers; (iv) reduces, or has the potential to reduce, lost and unaccounted for natural gas 1705
through a reduction in natural gas system leaks; (v) is not included in the current rate base of the 1706
gas company as determined in the gas company's most recent rate proceeding; (vi) may include 1707
use of advanced leak repair technology approved by the department to repair an existing leak-1708
prone gas pipe to extend the useful life of the such gas pipe by no less than 10 years; and (vii) 1709
may include replacing gas infrastructure with utility-scale non-emitting renewable thermal 1710
energy infrastructure. 1711
“Non-emitting renewable thermal infrastructure”, utility-scale distribution infrastructure 1712
that supplies heating or cooling from energy sources that do not emit greenhouse gas emissions 1713
as defined in section 1 of chapter 21N; provided, however, that such infrastructure may include, 1714
but shall not be limited to including, infrastructure for networked geothermal and deep 1715
geothermal energy. 1716
“Plan”, a detailed compilation of eligible infrastructure measures that a gas company files 1717
pursuant to subsection (b). 1718 80 of 139
“Project”, an eligible infrastructure measure proposed by a gas company in a plan filed 1719
under this section. 1720
(b) A gas company shall file with the department a plan to address aging or leaking 1721
natural gas infrastructure within the commonwealth and the leak rate on the gas company's 1722
natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for 1723
natural gas through a reduction in natural gas system leaks. Each company's gas infrastructure 1724
plan shall include interim targets for the department's review. The department shall review these 1725
interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak 1726
rate in a safe and timely manner and comply with the limits and sublimits established pursuant to 1727
chapter 21N of the general laws. The interim targets shall be for periods of not more than 6 years 1728
or at the conclusion of 2 complete 3- year walking survey cycles conducted by the gas company. 1729
The gas companies shall incorporate these interim targets into timelines for removing all leak-1730
prone infrastructure filed pursuant to subsection (c) and may update them based on overall 1731
progress. The department may levy a penalty against any gas company that fails to meet its 1732
interim target in an amount up to and including the equivalent of 2.5 per cent of such gas 1733
company's transmission and distribution service revenues for the previous calendar year. 1734
(c) Any plan filed with the department shall include, but not be limited to: (i) eligible 1735
infrastructure measures concerning mains, services, meter sets and other ancillary facilities 1736
composed of non- cathodically protected steel, cast iron and wrought iron, prioritized to 1737
implement the federal gas distribution pipeline integrity management plan annually submitted to 1738
the department and consistent with subpart P of 49 C.F.R. part 192; (ii) an anticipated timeline 1739
for the completion of each project; (iii) the estimated cost of each project; (iv) rate change 1740
requests; (v) a description of customer costs and benefits under the plan, including the costs of 1741 81 of 139
potential stranded assets and the benefits of avoiding financial exposure to such assets; (vi) the 1742
relocations, where practical, of a meter located inside of a structure to the outside of said 1743
structure for the purpose of improving public safety; and (vii) any other information the 1744
department considers necessary to evaluate the plan. 1745
As part of each plan filed under this section, a gas company shall include a timeline for 1746
removing or remediating all leak- prone infrastructure on an accelerated basis specifying an 1747
annual pace and program end date with a target end date of: (i) not more than 20 years from the 1748
filing of a gas company's initial plan; or (ii) a reasonable target end date considering the 1749
allowable recovery cap established pursuant to subsection (f). The department shall not approve 1750
a timeline as part of a plan unless the allowable recovery cap established pursuant to subsection 1751
(f) provides the gas company with a reasonable opportunity to recover the costs associated with 1752
removing or remediating all leak- prone infrastructure on the accelerated basis set forth under the 1753
timeline utilizing the cost recovery mechanism established pursuant to this section. After filing 1754
the initial plan, a gas company shall, at 5- year intervals, provide the department with a summary 1755
of its progress to date, a summary of work to be completed during the next 5 years and any 1756
similar information the department may require. The department may require a gas company to 1757
file an updated long- term timeline as part of a plan if it alters the cap established pursuant to 1758
subsection (f). 1759
(d) If a gas company files a plan on or before October 31 for the subsequent construction 1760
year, the department shall review the plan within 6 months. The plan shall be effective as of the 1761
date of filing, pending department review. The department may modify a plan prior to approval 1762
at the request of a gas company or make other modifications to a plan as a condition of approval. 1763
The department shall consider the costs and benefits of the plan including, but not limited to, 1764 82 of 139
impacts on ratepayers, reductions of lost and unaccounted for natural gas through a reduction in 1765
natural gas system leaks and improvements to public safety, and reducing greenhouse gas 1766
emissions in compliance with the limits and sublimits established in chapter 21N. The 1767
department shall give priority to plans narrowly tailored to addressing leak-prone infrastructure 1768
most immediately in need of remediation. 1769
(e) If a plan is in compliance with this section and the department determines the plan 1770
operates in a balanced manner to reasonably accelerate eligible infrastructure measures and 1771
provide benefits, the department shall issue preliminary acceptance of the plan in whole or in 1772
part. A gas company shall then be permitted to begin recovery of the estimated costs of projects 1773
included in the plan beginning on May 1 of the year following the initial filing and collect any 1774
revenue requirement, including depreciation, property taxes and return associated with the plan. 1775
(f) On or before May 1 of each year, a gas company shall file final project documentation 1776
for projects completed in the prior year to demonstrate substantial compliance with the plan 1777
approved pursuant to subsection (e) and that project costs were reasonably and prudently 1778
incurred. The department shall investigate project costs within 6 months of submission and shall 1779
approve and reconcile the authorized rate factor, if necessary, upon a determination that the costs 1780
were reasonable and prudent. Annual changes in the revenue requirement eligible for recovery 1781
shall not exceed (i) 1.5 per cent of the gas company's most recent calendar year total firm 1782
revenues, including gas revenues attributable to sales and transportation customers, or (ii) an 1783
amount determined by the department that is greater than 1.5 per cent of the gas company's most 1784
recent calendar year total firm revenues, including gas revenues attributable to sales and 1785
transportation customers. Any revenue requirement approved by the department in excess of 1786
such cap may be deferred for recovery in the following year. 1787 83 of 139
(g) All rate change requests made to the department pursuant to an approved plan, shall 1788
be filed annually on a fully reconciling basis, subject to final determination by the department 1789
pursuant to subsection (f). The rate change included in a plan pursuant to section (c), reviewed 1790
pursuant to subsection (d) and taking effect each May 1 pursuant to subsection (e) shall be 1791
subject to investigation by the department pursuant to subsection (f) to determine whether the gas 1792
company has over collected or under collected its requested rate adjustment with such over 1793
collection or under collection reconciled annually. If the department determines that any of the 1794
costs were not reasonably or prudently incurred, the department shall disallow the costs and 1795
direct the gas company to refund the full value of the costs charged to customers with the 1796
appropriate carrying charges on the over-collected amounts. If the department determines that 1797
any of the costs were not in compliance with the approved plan, the department shall disallow 1798
the costs from the cost recovery mechanism established under this section and shall direct the gas 1799
company to refund the full value of the costs charged to customers with the appropriate carrying 1800
charges on the over collected amounts. 1801
(h) The department may promulgate rules and regulations under this section. The 1802
department may discontinue a plan and require a gas company to refund any costs charged to 1803
customers due to failure to substantially comply with a plan or failure to reasonably and 1804
prudently manage project costs. 1805
SECTION 82. Said chapter 164 is hereby further amended by adding the following 3 1806
sections:- 1807
Section 149. (a) For the purposes of this section, the following words shall have the 1808
following meanings unless the context clearly requires otherwise,:- 1809 84 of 139
“Director”, the director of the division of public participation. 1810
“Division of public participation”, established in section 12T of chapter 25. 1811
“Fund”, the Department of Public Utilities and Energy Facilities Siting Board Intervenor 1812
Support Fund established in section 12S of chapter 25. 1813
“Governmental body”, a city, town, district, regional school district, county or agency, 1814
board, commission, authority, department or instrumentality of a city, town, district, regional 1815
school district or county. 1816
“Grantee”, an organization, entity, governmental body, federally recognized tribe, state-1817
acknowledged tribe or state-recognized tribe that has received a grant award under this section. 1818
“Office of environmental justice and equity”, established in section 29 of chapter 21A. 1819
“Prospective grantee”, an organization, entity, governmental body, federally recognized 1820
tribe, state-acknowledged tribe or state-recognized tribe that has applied or plans to apply for a 1821
grant under this section. 1822
(b) The department may make available as grants funds deposited into the fund to parties 1823
that have been granted intervenor status by the department or the board pursuant to clause (4) of 1824
the second sentence of the first paragraph of section 10 of chapter 30A and corresponding 1825
department and board regulations, and that are: (i) organizations and entities that advocate on 1826
behalf of a relevant subset of residential customers defined geographically or based on specific 1827
shared interests; (ii) organizations and entities that advocate on behalf of low income or 1828
moderate income residential populations, residents of historically marginalized or overburdened 1829
and underserved communities; or (iii) governmental bodies, including regional planning 1830 85 of 139
agencies, federally recognized tribes, state- acknowledged tribes or state-recognized tribes. Any 1831
grants awarded pursuant to this section may be used only in proceedings before the department 1832
or the board, and not for any judicial appeal of such agencies’ final decisions. 1833
(c) The director, in consultation with the office of environmental justice and equity, shall 1834
establish criteria to determine whether, and to what extent, a prospective grantee shall be eligible 1835
to receive a grant award pursuant to this section. Such criteria shall include, but shall not be 1836
limited to, whether the prospective grantee: (i) lacks the financial resources that would enable it 1837
to intervene and participate in a department or board proceeding absent a grant award pursuant to 1838
this section; and (ii) previously intervened in department or board proceedings prior to the 1839
establishment of the intervenor support grant program pursuant to this section; provided, 1840
however, that a municipality with a population of less than 7,500 that is a prospective grantee for 1841
a proceeding pertaining to a facility, large clean energy infrastructure facility or small clean 1842
energy infrastructure facility, as those terms are defined in section 69G, within its boundaries 1843
shall not be required to meet the criteria pursuant to this paragraph to receive a grant award. 1844
(d) A prospective grantee seeking funding under this section shall submit a grant 1845
application in a form and manner developed by the director demonstrating that the prospective 1846
grantee meets the criteria established by the director in accordance with subsection (c). Such 1847
grant application shall include: (i) a statement outlining the prospective grantee’s anticipated 1848
participation in the department or board proceeding, to the extent it is known at the time of grant 1849
application; (ii) a detailed estimate of costs and fees of anticipated attorneys, consultants and 1850
experts, including community experts, and all other costs related to the preparation for, and 1851
intervention and participation in, the department or board proceeding; and (iii) background 1852
information on the attorneys, consultants and experts, including community experts, that the 1853 86 of 139
prospective grantee plans to retain if awarded grant funding. The director may, at their 1854
discretion, make conditional grant awards to grant applicants that have not yet been granted 1855
intervenor status by the department or board; provided, however, that no grant shall be awarded 1856
until such intervenor status is granted. 1857
(e) A grant awarded pursuant to this section shall not exceed $150,000 for any single 1858
department or board proceeding. The director shall, in the director’s sole discretion, determine 1859
the amount of financial support being granted, considering the demonstrated needs of the 1860
intervenor and the complexity of the proceeding. The director may, in the director’s sole 1861
discretion: (i) upon the petition of a prospective grantee, award a grant exceeding $150,000 only 1862
upon a demonstration of good cause, including the complexity of the proceeding in which the 1863
grantee is intervening; and (ii) upon the petition of a prospective grantee, provide grant funding 1864
in addition to the funding initially requested under section (c) upon a showing that new, novel or 1865
complex issues have arisen in the proceeding since the time the grant application was submitted 1866
pursuant said subsection (c). The director shall consider the potential for intervenors to share 1867
costs through collaborative efforts with other parties to a proceeding as part of determining the 1868
amount of funding awarded to any prospective grantee and such intervenors shall be expected to 1869
reduce duplicative costs to the extent possible in instances where the position or positions of 1870
multiple intervenors align. 1871
(f) The aggregate grant funding for any individual department or board proceeding shall 1872
not exceed $500,000; provided, however, that where the aggregate amount of funding being 1873
requested exceeds $500,000, funding shall be allocated to prospective grantees based on their 1874
relative financial hardship. The director may, at the director’s discretion and upon a 1875 87 of 139
determination of good cause, provide funding exceeding $500,000 for any individual department 1876
or board proceeding. 1877
(g) Ten per cent of grant funds awarded to a grantee, or a greater percentage as 1878
determined by the director at the director’s sole discretion, may be expended on non- legal, non-1879
expert and non-consultant administrative costs directly attributable to the intervention and 1880
participation in a proceeding before the department or board. All remaining grant funds may be 1881
expended to retain qualified legal counsel, experts and consultants to assist in proceedings before 1882
the department or board; provided, however, that such funds may be used to retain qualified 1883
community experts, which shall include residential ratepayers and residents with lived 1884
experience that can inform such proceedings. Such funding may be expended for administrative, 1885
legal, consultant and expert costs associated with an intervention petition submitted pursuant to 1886
clause (4) of the first paragraph of section 10 of chapter 30A or section 10A of said chapter 30A 1887
and any department or board regulations, if applicable. 1888
(h) All grant payments to grantees shall be made from the fund. Such grant payments 1889
shall be made only for reasonable costs incurred and upon submission of a grant payment request 1890
by the grantee. Such grant payment requests shall be in a form and manner as prescribed by the 1891
director and grant payments shall be made within 30 days of receipt of such grant payment 1892
requests by the director to the grantee or to the entity designated by the grantee to receive grant 1893
payments. The director, at the director’s discretion or as provided for in regulations promulgated 1894
pursuant to this section, may provide grant payments before such costs are incurred by the 1895
grantee upon a showing of financial hardship by the grantee. Within 30 days of the completion of 1896
any proceeding in which a grantee has received an award from the fund, each grantee shall 1897
submit a report that: (i) identifies the use of the funds during the proceeding; (ii) the substantial 1898 88 of 139
contribution provided by its participation; and (iii) a demonstration that its participation and the 1899
use of the funding did not cause a delay in the proceeding. 1900
(i) All decisions pertaining to the issuance of financial support shall be made solely by 1901
the director. The director shall have sole discretion to deny funding to a prospective grantee that 1902
demonstrates a pattern of repeatedly delaying or obstructing, or attempting to repeatedly delay or 1903
obstruct, proceedings or otherwise misuses or has misused funds. The director shall have full 1904
discretion as to whether to approve or deny a request for intervenor funding. Applicants shall 1905
have no legal right or privilege to funding and shall not be entitled to any further review if denied 1906
by the director. 1907
(j) In the department’s annual report required pursuant to section 2 of chapter 25, the 1908
director shall include a report describing all activities of the fund, including, but not limited to: 1909
(i) amounts credited to the fund, amounts expended from the fund and any unexpended balance; 1910
(ii) a summary of the intervenor support grant fund application process; (iii) the number of grant 1911
applications received, the number and amount of awards granted, and the number of grant 1912
applications rejected; (iv) the number of intervenors who participated in proceedings with and 1913
without support from the fund; (v) an itemization of costs incurred by and payments made to 1914
grantees; (vi) an evaluation of the impact and contribution of grantees in department and board 1915
proceedings; (vii) a summary of education and outreach activities conducted by the division of 1916
public participation related to the intervenor support grant program; and (viii) any recommended 1917
changes to the program. 1918
(k) The director shall develop: (i) accessible, multi- lingual and easily comprehensible 1919
web-based educational materials, including forms and templates, to educate prospective grantees 1920 89 of 139
and the public on the intervenor support grant program; and (ii) a robust virtual and in- person 1921
outreach program to educate prospective grantees and the public about the intervenor support 1922
grant program. 1923
(l) The department, in consultation with the board, shall promulgate regulations to 1924
implement this section. 1925
Section 150. (a) For the purposes of this section, the following words shall have the 1926
following meanings unless the context clearly requires otherwise:- 1927
“Advanced conductors”, any hardware technology that can conduct electricity across 1928
transmission and distribution lines and demonstrate enhanced performance over traditional 1929
conductor products. 1930
“Advanced power flow control”, any hardware or software technologies used to push or 1931
pull electric power in a manner that balances overloaded lines and underutilized corridors within 1932
the distribution or transmission system. 1933
“Advanced reconductoring”, the application of advanced conductors to increase the 1934
capacity and efficiency of the existing electric grid. 1935
“Advanced transmission technology”, a technology that increases the capacity, 1936
efficiency, or reliability of an existing or new transmission facility, including: high-temperature 1937
lines, including superconducting cables; underground cables; advanced conductor technology 1938
including advanced composite conductors, high- temperature low-sag conductors, and fiber optic 1939
temperature sensing conductors; high- capacity ceramic electric wire, connectors, and insulators; 1940 90 of 139
optimized transmission line configurations, including multiple phased transmission lines; 1941
modular equipment; wireless power transmission; ultra-high voltage lines; high- voltage DC 1942
technology; flexible alternating current transmission systems; energy storage devices, including 1943
pumped hydro, compressed air, superconducting magnetic energy storage, flywheels, and 1944
batteries; controllable load; distributed generation, including photovoltaic fuel cells, and 1945
microturbines; enhanced power device monitoring; direct system state sensors; fiber optic 1946
technologies; power electronics and related software, including real time monitoring and 1947
analytical software; mobile transformers and mobile substations; and any other technologies the 1948
Federal Energy Regulatory Commission considers appropriate. 1949
“Dynamic line rating”, any hardware or software technology used to appropriately update 1950
the calculated thermal limits of existing distribution or transmission lines based on real- time and 1951
forecasted weather conditions. 1952
“Grid-enhancing technology”, any hardware or software technology that enables 1953
enhanced or more efficient performance from the electric distribution or transmission system, 1954
including, but not limited to, dynamic line rating, advanced power flow control technology, 1955
topology optimization and energy storage when used as a distribution or transmission resource. 1956
“Topology optimization”, any hardware or software technology that identifies 1957
reconfigurations of the distribution or transmission grid and can enable the routing of power 1958
flows around congested or overloaded distribution or transmission elements. 1959
(b) To the extent authorized by federal law, for base rate proceedings and other 1960
proceedings in which a distribution or transmission company proposes capital improvements or 1961
additions to the distribution or transmission system, the distribution or transmission company 1962 91 of 139
shall conduct a cost-effectiveness and timetable analysis of multiple strategies, including, but not 1963
limited to, the deployment of advanced transmission technologies, advanced conductors, grid-1964
enhancing technologies, or energy storage used as a distribution or transmission resource. Where 1965
advanced transmission technologies, advanced conductors, grid- enhancing technologies, or 1966
energy storage used as a distribution or transmission resource, whether in combination with or 1967
instead of capital investments, offer a more cost-effective strategy for achieving distribution or 1968
transmission goals, including, but not limited to, distributed energy resource interconnection, 1969
grid reliability and enhanced cyber and physical security, the department, to the extent permitted 1970
under federal law, may approve the deployment of advanced transmission technologies, 1971
advanced conductors, grid- enhancing technologies or energy storage used as a distribution or 1972
transmission resource. 1973
(c) As part of a base rate filing or other filing in which a distribution or transmission 1974
company proposes capital improvements or additions to the distribution or transmission system, 1975
the distribution or transmission company may propose a performance incentive mechanism that 1976
provides a financial incentive for the cost-effective deployment of advanced transmission 1977
technologies, advanced reconductoring, grid- enhancing technologies or energy storage used as a 1978
distribution or transmission resource. 1979
(d) Once every 5 years, not later than September 1 of the fifth year, each distribution 1980
company and, to the extent permitted by federal law and in a format determined by the 1981
department, each transmission company shall make a compliance filing with the department and 1982
provide a separate report to both ISO-NE and the joint committee on telecommunications, 1983
utilities and energy on the deployment of advanced transmission technologies, advanced 1984 92 of 139
conductors, grid- enhancing technologies or energy storage used as a distribution or transmission 1985
resource. 1986
Section 151. (a) For the purposes of this section, “meter socket adapter” shall mean an 1987
electronic device that is installed between a residential electric meter and the meter socket, for 1988
the purpose of facilitating the deployment of customer-owned or customer-leased technology. 1989
(b) An electric company shall authorize the installation and operation of a meter socket 1990
adapter, whether the meter socket is owned by a residential customer or by a third-party, if the 1991
meter socket adapter: 1992
(i) is qualified to be connected to the supply side of the service disconnect pursuant to the 1993
applicable provisions of the National Electric Code; 1994
(ii) is approved or listed by a nationally recognized testing laboratory and is rated 1995
appropriately for the meter socket into which it is intended to be installed; 1996
(iii) is certified to meet all applicable standards, as determined by a nationally recognized 1997
testing laboratory approved by the department; and 1998
(iv) does not prevent access to the sealed meter socket compartment or the pull section of 1999
the service section of the electric meter or switchboard, as applicable. 2000
(c) A manufacturer of a meter socket adapter, a third-party, a residential customer or an 2001
electric company shall all be allowed to install, maintain or service a meter socket adapter or 2002
associated equipment. 2003
(d) An electric company shall approve or disapprove a request for approval of a specific 2004
model of meter socket adapter for installation in its service area not later than 60 days after a 2005 93 of 139
manufacturer, a third-party or a residential customer submits a request for approval of the 2006
specific model of meter socket adapter. An electric company shall provide public notice of all 2007
decisions approving a meter socket adapter, including by posting the information on the 2008
company’s website. Should an electric company disapprove a specific model of meter socket 2009
adapter, the electric company shall provide an explanation to the requesting vendor providing the 2010
reasons the application was denied. 2011
(e) The department may adopt rules and regulations as necessary to implement the 2012
provisions of this section. 2013
SECTION 83. Chapter 166 of the General Laws is hereby amended by striking out 2014
section 28, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2015
section:- 2016
Section 28. A company subject to this chapter, except a telegraph or telephone company, 2017
desiring to construct a line for the transmission of electricity that will, of necessity, pass through 2018
at least 1 city or town to connect the proposed termini of such line, whose petition for the 2019
location necessary for such line has been refused or has not been granted within 3 months after 2020
the filing thereof by the city council or the select board of the town through which the company 2021
intends to construct such line, may apply to the energy facilities siting board for such location. 2022
The energy facilities siting board shall hold a public hearing thereon after notice to the city 2023
council or select board refusing or neglecting to grant such location and to all persons owning 2024
real estate abutting upon any way in the city or town where such location is sought, as such 2025
ownership is determined by the last assessment for taxation. The energy facilities siting board 2026
shall, if requested by the city council or select board, hold the hearing in the city or town where 2027 94 of 139
the location is sought. If it appears at the hearing that the company has already been granted, and 2028
has accepted, a location for such line in 2 cities or in 2 towns or in a city and town adjoining the 2029
city or town refusing or neglecting to grant a location or if it appears at the hearing that the 2030
company has already been granted, and has accepted, locations for such line in a majority of the 2031
cities or towns through which such line will pass and if the energy facilities siting board deems 2032
the location necessary for public convenience and in the public interest, the board may by order 2033
grant a location for such line in the city or town with respect to which the application is made 2034
and shall have and exercise the powers and authority conferred by section 22 upon the city 2035
council or select board and in addition to the provisions of law governing such company may 2036
impose such other terms, limitations and restrictions as it deems the public interest may require. 2037
The energy facilities siting board shall cause an attested copy of its order, with the certificate of 2038
its clerk endorsed thereon that the order was adopted after due notice and a public hearing, to be 2039
forwarded to the city or town clerk, who shall record the same and furnish attested copies 2040
thereof. The company in whose favor the order is made shall pay for such record and attested 2041
copies the fees provided by clauses 31 and 32, respectively, of section 34 of chapter 262. 2042
SECTION 84. Section 6 of chapter 183A of the General Laws, as so appearing, is hereby 2043
amended by striking out, in lines 37 to 42, inclusive, the words “any energy conservation device 2044
installed in a unit, not already separately metered for water and utilities, including but not limited 2045
to the installation of separate water meters, low-flow toilets and showerheads, faucet aerators, 2046
windows and storm windows; provided, however, that a unit owner required to install such 2047
energy conservation” and inserting in place thereof the following words:- a device installed 2048
pursuant to an action taken by a corporation, trust or association pursuant to section 10; 2049
provided, however, that a unit owner required to install such. 2050 95 of 139
SECTION 85. Subsection (b) of section 10 of said chapter 183A, as so appearing, is 2051
hereby amended by striking out clause (6) and inserting in place thereof the following clause:- 2052
(6) to require reasonable measures to facilitate energy savings, energy efficiency and 2053
greenhouse gas emissions reductions and, in furtherance of such measures, to cause the 2054
installation of devices that result in energy savings, energy efficiency and greenhouse gas 2055
emissions reductions in all units not already separately metered for water and utilities; provided, 2056
however, that such measures and devices shall not include solar energy systems, the installation 2057
of which shall be governed by section 18; provided further, that electric vehicle supply 2058
equipment as defined in section 2 of chapter 25B shall only be required in the common areas 2059
and facilities in the condominium; provided further, that such devices may include, but shall not 2060
be limited to including, separate meters for each unit to monitor the use of water, electricity and 2061
other utilities for the unit to which it is attached, low-flow toilets and showerheads, faucet 2062
aerators, windows and storm windows; provided further, that such devices and, in the case of 2063
electric vehicle supply equipment installed in common areas and facilities, such supply 2064
equipment shall not be considered improvements for the purposes of said section 18 if the board 2065
of trustees of the organization of unit owners or, if there is no board of trustees, the entity 2066
performing its duties, receives the approval of the majority of unit owners in attendance at a 2067
meeting for which notice was duly given and which was held for the purpose of voting on the 2068
installation of such devices and supply equipment; provided further, that the cost of installation 2069
of such devices and, in the case of supply equipment installed in common areas and facilities, of 2070
such supply equipment shall be an expense of the organization of unit owners, which may be 2071
assessed to the individual unit owners as a special assessment, the amount of which, if such 2072
device was installed in each individual unit or in substantially all of the units in the 2073 96 of 139
condominium, may be attributable to each unit owner in the amount of the cost of the item 2074
installed. The organization of unit owners may assess to each unit owner their proportionate 2075
share of the costs for water, electricity and other utilities as measured by the meter attached to 2076
the unit. In the event of a conflict between this clause and the master deed, trust or by- laws of a 2077
condominium under of this chapter, this clause shall control; provided further, that nothing 2078
herein shall be construed to conflict with the state sanitary code, the state building code, the 2079
stretch energy code or any municipal opt-in specialized energy code; provided further, that 2080
notwithstanding any rights to use common areas reserved for individual unit owners, if the 2081
governing board of the organization of unit owners determines to install electric vehicle supply 2082
equipment in a common area for the use of all members of the organization, the organization 2083
shall develop appropriate terms of use of the supply equipment; and provided further, that the 2084
expenses incurred in and proceeds accruing from the exercise of the rights and powers under this 2085
clause shall be common expenses and common profits. 2086
SECTION 86. Said chapter 183A is hereby further amended by inserting after section 10 2087
the following section:- 2088
Section 10A. (a) As used in this section, the following words shall have the following 2089
meanings unless the context clearly requires otherwise:- 2090
“Association”, a condominium association, homeowners’ association, community 2091
association, cooperative, trust or other nongovernmental entity with covenants, by- laws and 2092
administrative provisions with which the compliance of a homeowner or unit owner is required. 2093
“Dedicated parking space”, a parking space located within an owner’s separate interest or 2094
a parking space in a common area but subject to exclusive use rights of an owner including, but 2095 97 of 139
not limited to, a deeded parking space, a garage space, a carport or a parking space 2096
specifically designated for use by a particular owner. 2097
“Historic district commission”, a commission or other body responsible for administering 2098
the rules and regulations of an historic district established by a community pursuant to any 2099
general or special law. 2100
“Municipal governing body”, the legislative body of a city or town. 2101
“Neighborhood conservation district”, a district established by a municipal governing 2102
body as part of the local zoning code or by-laws for the express purpose of protecting the 2103
architectural character of a neighborhood. 2104
“Owner”, a person or group of persons who owns a separate lot, unit or interest, along 2105
with an undivided interest or membership interest in the common area of the entire project 2106
including, but not limited to, a condominium, planned unit development and parcel subject to a 2107
homeowners’ association. 2108
“Reasonable restrictions”, restrictions that do not significantly: (i) increase the cost of 2109
electric vehicle supply equipment as defined in section 2 of chapter 25B or the installation 2110
thereof; or (ii) significantly decrease its efficiency or specified performance or effectively 2111
prohibit the installation. 2112
“Separate interest”, a separate lot, unit or interest to which an owner has exclusive rights 2113
of ownership. 2114
(b) Notwithstanding chapters 21, 40C and 183A or any other general or special law to the 2115
contrary, a historic district commission, commission or board of a neighborhood conservation 2116 98 of 139
district or manager or organization of unit owners of an association shall not prohibit or 2117
unreasonably restrict an owner from installing electric vehicle supply equipment, as defined in 2118
section 2 of chapter 25B, on or in an area subject to the owner’s separate interest or in an area to 2119
which the owner has exclusive use. Nothing in this section shall prohibit a historic district 2120
commission, a commission or board of a neighborhood conservation district or a manager or 2121
organization of unit owners of an association from setting reasonable restrictions; provided, 2122
however, that in setting such restrictions, the commission, board, manager or organization shall 2123
give substantial weight to threats posed by climate change and the commonwealth’s obligation to 2124
meet the statewide greenhouse gas emission limits and sublimits established under chapter 21N. 2125
(c) Electric vehicle supply equipment shall: (i) be installed at the owner’s expense; (ii) be 2126
installed by a licensed contractor or electrician; and (iii) conform to all applicable health and 2127
safety standards and requirements imposed by national, state and local authorities and all other 2128
applicable zoning, land use or other ordinances and land use permits. 2129
(d) A historic district commission, a commission or board of a neighborhood 2130
conservation district or a manager or organization of unit owners of an association may require 2131
an owner to submit an application before installing electric vehicle supply equipment. If the 2132
commission, board, manager or organization requires such an application and also requires an 2133
application for approval of an architectural modification to the property, the application to install 2134
electric vehicle supply equipment shall be processed and approved by the commission, board, 2135
manager or organization in the same manner as an application for approval of an architectural 2136
modification to the property and such application shall not be willfully avoided or delayed; 2137
provided, further, that if the commission, board, manager or organization requires such an 2138
application and does not require an application for approval of an architectural modification to 2139 99 of 139
the property, the application to install electric vehicle supply equipment shall not be willfully 2140
avoided or delayed; provided further, that the commission, board, manager or organization shall 2141
approve the application if the owner complies with this section and the architectural standards, if 2142
any, of the association, historic district or neighborhood conservation district. The approval or 2143
denial of an application shall be in writing and if an application is not denied in writing within 60 2144
days after the date of receipt thereof, the application shall be deemed approved unless the delay 2145
is the result of a reasonable request for additional information. The association, historic district 2146
or neighborhood conservation district shall not assess or charge the owner any fees for the 2147
placement of any electric vehicle supply equipment above any reasonable fees for processing the 2148
application if any fees exist for all applications for approval of architectural modifications. 2149
(e) The owner and each successive owner of the separate interest or with exclusive rights 2150
to the area where the electric vehicle supply equipment is installed shall be responsible for: (i) 2151
disclosing to prospective buyers the existence of such supply equipment, its owner and the 2152
related responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers 2153
whether such supply equipment is removable and whether the owner intends to remove the 2154
supply equipment in order to install it elsewhere; (iii) the costs of the maintenance, repair and 2155
replacement of such supply equipment until such equipment has been removed and the common 2156
area is restored after removal; (iv) the costs of any damage to such supply equipment, common 2157
area, exclusive common area or separate interest resulting from the installation, maintenance, 2158
repair, removal or replacement of such equipment; (v) the cost of electricity associated with the 2159
electric vehicle supply equipment; provided, however, that the owner shall connect such supply 2160
equipment to the owner’s own electric utility account unless the licensed contractor performing 2161
the installation deems that to be impossible; provided further that if the connection is deemed 2162 100 of 139
impossible, the association, historic district commission or neighborhood conservation district 2163
shall allow the owner to connect such supply equipment to the common electricity account but 2164
may require equitable reimbursement by the owner to the association, historic district 2165
commission or neighborhood conservation district for electricity costs; and (vi) removing the 2166
electric vehicle supply equipment at the owner’s expense if reasonably necessary for the repair, 2167
maintenance or replacement of any property of the association, historic district commission, 2168
neighborhood conservation district or separate interest. 2169
(f) A historic district commission, a commission or board of a neighborhood conservation 2170
district or a manager or organization of unit owners of an association may install electric vehicle 2171
supply equipment in a common area reserved for the use of all members or residents of the 2172
association or district; provided, however, that the commission, board, manager or organization 2173
shall develop appropriate terms of use for such supply equipment. 2174
(g) The executive office of housing and livable communities may promulgate regulations 2175
as necessary to implement this section. 2176
SECTION 87. Section 3A of chapter 185 of the General Laws, as appearing in the 2022 2177
Official Edition, is hereby amended by striking out, in lines 35 to 37, inclusive, the words 2178
“involves either 25 or more dwelling units or the construction or alteration of 25,000 square feet 2179
or more of gross floor area or both” and inserting in place thereof the following words:- 2180
involves: (i) not less than 25 dwelling units; (ii) the construction or alteration of not less than 2181
25,000 square feet of gross floor area; (iii) the construction or alteration of a Class I renewable 2182
energy generating source as defined in subsection (c) of section 11F of chapter 25A; or (iv) the 2183
construction or alteration of an energy storage system as defined in section 1 of chapter 164. 2184 101 of 139
SECTION 88. Said section 3A of said chapter 185 is hereby further amended by striking 2185
out the words “involves: (i) not less than 25 dwelling units; (ii) the construction or alteration of 2186
not less than 25,000 square feet of gross floor area; (iii) the construction or alteration of a Class I 2187
renewable energy generating source as defined in subsection (c) of section 11F of chapter 25A; 2188
or (iv) the construction or alteration of an energy storage system defined in section 1 of chapter 2189
164”, inserted by section 87, and inserting in place thereof the following words:- involves either 2190
25 or more dwelling units or the construction or alteration of 25,000 square feet or more of gross 2191
floor area or both. 2192
SECTION 89. The first paragraph of section 2 of chapter 465 of the acts of 1956 is 2193
hereby amended by inserting after the first sentence, the following sentence:- In discharging its 2194
responsibilities and exercising its powers under this chapter, the Authority shall, with respect to 2195
itself and the entities with which it contracts or does business, and in a manner consistent with 2196
any federal law relating to aeronautics or any regulations promulgated or standards established 2197
pursuant thereto, promote commerce, economic prosperity, safety, security, environmental 2198
protection and resilience, reductions in greenhouse gas emissions, and environmental justice 2199
principles as defined in section 62 of chapter 30 of the General Laws. 2200
SECTION 90. Section 3 of said chapter 465, as most recently amended by section 2 of 2201
chapter 660 of the acts of 1977, is hereby further amended by striking out subsection (g) and 2202
inserting in place thereof the following subsection:- 2203
(g) To extend, enlarge, improve, rehabilitate, lease as lessor or lessee, maintain, repair, 2204
and operate the projects under its control, and to establish rules and regulations for the use of any 2205
such project; provided, that the Authority shall, with respect to itself and the entities with which 2206 102 of 139
it contracts or does business, and in a manner consistent with any federal law relating to 2207
aeronautics or to any regulations promulgated or standards established pursuant thereto, 2208
undertake such activities, and promulgate such rules and regulations, in such a manner as to 2209
promote commerce, economic prosperity, safety, security, environmental protection and 2210
resilience, reductions in greenhouse gas emissions, and environmental justice principles as 2211
defined in section 62 of chapter 30 of the General Laws; provided, further, that no such rules or 2212
regulations shall conflict with the rules and regulations of any state or federal regulatory body 2213
having jurisdiction over the operation of aircraft; and provided, further, that in the enforcement 2214
of such rules and regulations the police appointed or employed by the Authority under section 23 2215
shall have within the boundaries of all projects all the powers of police officers and constables of 2216
the towns of the commonwealth except the power of serving and executing civil process; 2217
SECTION 91. Section 6 of chapter 665 of the acts of 1956 is hereby amended by striking 2218
out the words “state department of public utilities” and inserting in place thereof the following 2219
words:- energy facilities siting board. 2220
SECTION 92. Section 3 of chapter 470 of the acts of 1973 is hereby amended by 2221
inserting after the definition of “Public place”, inserted by section 3 of chapter 845 of the acts of 2222
1975, the following definition:- 2223
“Solar energy system”, a device or structural design feature, a substantial purpose of 2224
which is to provide for the collection, storage and distribution of solar energy for space heating 2225
or cooling, electricity generation or water heating. 2226
SECTION 93. Clause (a) of the first paragraph of section 10 of said chapter 470 is hereby 2227
amended by adding the following words:- ; provided, however, that the commission shall give 2228 103 of 139
substantial weight to the threat posed by climate change and to the commonwealth’s obligation 2229
to meet statewide greenhouse gas emission limits and sublimits established under chapter 21N of 2230
the General Laws when ruling on applications for certificates of appropriateness for solar energy 2231
systems. 2232
SECTION 94. The first paragraph of section 83B of chapter 169 of the acts of 2008, as 2233
most recently amended by section 60 of chapter 179 of the acts of 2022, is hereby further 2234
amended by striking out the words “83C and 83D” and inserting in place thereof the following 2235
words:- 83C, 83D and 83E. 2236
SECTION 95. Said first paragraph of said section 83B of said chapter 169, as so 2237
amended, is hereby further amended by inserting after the definition of “Distribution company” 2238
the following 2 definitions:- 2239
“Energy services”, operation of infrastructure that increases the deliverability or 2240
reliability of clean energy generation or reduces the cost of clean energy generation. Such 2241
infrastructure shall include, but not be limited to, transmission, energy storage systems, as 2242
defined in section 1 of chapter 164 of the General Laws, and demand response technologies. 2243
“Environmental attributes”, all present and future attributes under any and all 2244
international, federal, regional, state or other law or market, including, but not limited to, all 2245
credits or certificates that are associated, either now or by future action, with clean energy 2246
generation, including, but not limited to, those attributes authorized and created by programs 2247
developed under subsection (c) section 3 of chapter 21N of the General Laws, and section 11F 2248
and section 17 of chapter 25A of the General Laws. 2249 104 of 139
SECTION 96. Said first paragraph of said section 83B of said chapter 169, as so 2250
amended, is hereby further amended by striking out the definitions "Long- duration energy 2251
storage system” and “Long-term contract” and inserting in place thereof the following 2 2252
definitions:- 2253
“Long- duration energy storage system”, an energy storage system, as defined in section 1 2254
of chapter 164 of the General Laws, that is capable of dispatching energy at its full rated capacity 2255
for a period greater than 10 hours and less than or equal to 24 hours. 2256
“Long- term contract”, a contract for a period of 15 to 30 years for offshore wind energy 2257
generation pursuant to section 83C or for clean energy generation pursuant to section 83D, or a 2258
contract for a period of up to 30 years for energy storage systems pursuant to section 83E; 2259
provided, however, that a contract for offshore wind energy generation pursuant to said section 2260
83C may include terms and conditions for renewable energy credits associated with the offshore 2261
wind energy generation that exceed the term of generation under the contract. 2262
SECTION 97. Said first paragraph of said section 83B of said chapter 169, as so 2263
amended, is hereby further amended by striking out the definition of “Mid- duration energy 2264
storage system” and inserting in place thereof the following 2 definitions:- 2265
“Mid-duration energy storage system”, an energy storage system, as defined in section 1 2266
of chapter 164 of the General Laws, that is capable of dispatching energy at its full rated capacity 2267
for a period equal to or greater than 4 hours and up to 10 hours. 2268
“Multi- day energy storage system,” an energy storage system, as defined in section 1 of 2269
chapter 164 of the General Laws, that is capable of dispatching electricity at its full rated 2270
capacity for greater than 24 hours. 2271 105 of 139
SECTION 98. Said chapter 169, as amended by chapter 188 of the acts of 2016, is hereby 2272
further amended by inserting after section 83D the following section:- 2273
Section 83E. (a) In order to provide a cost-effective mechanism for facilitating the 2274
financing of beneficial, reliable energy storage systems, as defined in section 1 of chapter 164 of 2275
the General Laws, on a long- term basis, taking into account the factors outlined in this section, 2276
every distribution company shall, in coordination with the department of energy resources, 2277
jointly and competitively solicit proposals for energy storage systems and, provided that 2278
reasonable proposals have been received, shall enter into cost-effective long-term contracts equal 2279
to, in the aggregate, approximately 5,000 megawatts of energy storage systems not later than 2280
July 31, 2030, of which 3,500 megawatts shall be mid- duration energy storage, 750 megawatts 2281
shall be long- duration energy storage and, if commercially available at a reasonable cost, 750 2282
megawatts shall be multi- day energy storage; provided, however, that existing energy storage 2283
systems shall be eligible to participate in any procurement issued under this section. 2284
(b) The timetable and method for solicitation of long- term contracts shall be proposed by 2285
the department of energy resources in coordination with the distribution companies using a 2286
competitive bidding process and shall be subject to review and approval by the department of 2287
public utilities. The department of energy resources shall consult with the distribution companies 2288
and the office of the attorney general regarding the choice of solicitation methods. A solicitation 2289
may be coordinated and issued jointly with other New England states or entities designated by 2290
those states. The distribution companies, in coordination with the department of energy 2291
resources, may conduct 1 or more competitive solicitations through a staggered procurement 2292
schedule developed by the department of energy resources. The schedule shall ensure that the 2293
distribution companies enter into cost-effective long-term contracts for energy storage systems 2294 106 of 139
equal to approximately 5,000 megawatts not later than July 31, 2030, of which: (i) approximately 2295
1,500 megawatts of mid- duration storage shall be procured by July 31, 2025, and shall be for 2296
environmental attributes only; (ii) approximately 1,000 megawatts of mid- duration storage shall 2297
be procured by July 31, 2026; (iii) approximately 1,000 megawatts of mid- duration storage shall 2298
be procured by July 31, 2027; and (iv) all remaining energy storage systems capacity shall be 2299
procured by July 31, 2030. Each procurement shall consider inclusion of environmental 2300
attributes, energy services or a combination of both; provided, however, that the procurement of 2301
1,500 megawatts of mid- duration storage by July 31, 2025 shall be for environmental attributes 2302
only. The distribution companies may fulfill their obligations for this procurement by filing 2303
contracts with the department of public utilities that were entered into as a result of a solicitation 2304
issued under section 17 of chapter 25A of the General Laws. The department of public utilities 2305
shall approve, approve in part, or reject any contracts filed by the electric distribution companies 2306
for compliance under this section not later than 6 months from the filing date of said contracts. 2307
Proposals received pursuant to a solicitation pursuant to this section shall be subject to review by 2308
the department of energy resources and the executive office of economic development in 2309
consultation with the independent evaluator. The electric distribution companies shall offer 2310
technical advice. If the department of energy resources, in consultation with the independent 2311
evaluator, determines that reasonable proposals were not received pursuant to a solicitation, the 2312
department may terminate the solicitation and may require additional solicitations to fulfill the 2313
requirements of this section. 2314
(c) The department of energy resources may give preference to proposals for 2315
environmental attributes or energy services from energy storage systems that provide additional 2316
benefits or value to the electric power grid or communities, including, but not limited to: (i) 2317 107 of 139
supporting grid resiliency and transmission needs in specific geographic locations; (ii) providing 2318
economic opportunities or public health benefits to environmental justice or disadvantaged 2319
communities; or (iii) creating economic opportunities in transitioning fossil fuel communities. 2320
The department shall give preference to proposals that demonstrate compliance with the 2321
provisions of sections 26 to 27F, inclusive, of chapter 149 of the General Laws, and have a 2322
history of participation with state or federally certified apprenticeship programs. 2323
(d) In developing proposed long- term contracts, the distribution companies shall consider 2324
long-term contracts for energy services, for environmental attributes and for a combination of 2325
both energy services and environmental attributes. A distribution company may decline to pursue 2326
a contract if the contract’s terms and conditions would require the contract obligation to place an 2327
unreasonable burden on the distribution company’s balance sheet after consultation with the 2328
department of energy resources; provided, however, that the distribution company shall take all 2329
reasonable actions to structure the contracts, pricing or administration of the products purchased 2330
under this section to prevent or mitigate an impact on the balance sheet or income statement of 2331
the distribution company or its parent company, subject to the approval of the department of 2332
public utilities; and provided further, that mitigation shall not increase costs to ratepayers. If a 2333
distribution company deems all contracts to be unreasonable, the distribution company shall 2334
consult with the department of energy resources and, not later than 20 days of the date of its 2335
decision, submit a filing to the department of public utilities. The filing shall include, in the form 2336
and detail prescribed by the department of public utilities, documentation supporting the 2337
distribution company’s decision to decline the contract. Following a distribution company’s 2338
filing, and not later than 4 months of the date of filing, the department of public utilities shall 2339
approve or reject the distribution company’s decision and may order the distribution company to 2340 108 of 139
reconsider any contract. The department of public utilities shall take into consideration the 2341
department of energy resources’ recommendations on the distribution company’s decision. The 2342
department of energy resources may require additional solicitations to fulfill the requirements of 2343
this section. 2344
(e) The department of public utilities shall promulgate regulations consistent with this 2345
section. The regulations shall: (i) allow developers or owners of energy storage systems to 2346
submit proposals for long- term contracts; (ii) require that contracts executed by the distribution 2347
companies under such proposals are filed with, and approved by, the department of public 2348
utilities before they become effective; (iii) provide for an annual remuneration for the contracting 2349
distribution company equal to 2.25 per cent of the annual payments under the contract to 2350
compensate the company for accepting the financial obligation of the long- term contract; 2351
provided, however, that such provision shall be acted upon by the department of public utilities 2352
at the time of contract approval; (iv) require associated transmission costs to be incorporated into 2353
a proposal; provided, however, that to the extent there are regional or project-specific 2354
transmission costs included in a bid, the department of public utilities may, if it finds such 2355
recovery to be in the public interest, authorize or require the relevant parties to seek recovery of 2356
such transmission costs from other states or from benefitted entities or populations in other states 2357
through federal transmission rates, consistent with policies and tariffs of the Federal Energy 2358
Regulatory Commission; and (v) require that the energy storage systems used by a developer or 2359
owner under the proposal meet the following criteria: (A) are cost effective to electric ratepayers 2360
in the commonwealth over the term of the contract taking into consideration costs and benefits to 2361
the ratepayers, including economic and environmental benefits and the equitable allocation of 2362
costs to, and the equitable sharing of costs with other states and populations within other states 2363 109 of 139
that may benefit from energy storage systems procured by the commonwealth; (B) if applicable, 2364
adequately demonstrate project viability in a commercially reasonable timeframe; (C) include 2365
benefits to environmental justice populations and low income ratepayers in the commonwealth; 2366
and (D) include opportunities for diversity, equity and inclusion, including, at a minimum, a 2367
workforce diversity plan and supplier diversity program plan. 2368
(f) A proposed long- term contract shall be subject to the review and approval of the 2369
department of public utilities and shall be apportioned among the distribution companies. As part 2370
of its approval process, the department of public utilities shall consider recommendations by the 2371
attorney general, which shall be submitted to the department not later than 45 days following the 2372
filing of a proposed long- term contract with the department. The department of public utilities 2373
shall take into consideration: (i) the department of energy resources’ recommendations on the 2374
costs and benefits to ratepayers, the equitable allocation and sharing of costs to and with other 2375
states and populations within other states that may benefit from energy storage systems procured 2376
by the commonwealth; and (ii) the requirements of chapter 298 of the acts of 2008 and of the 2377
statewide greenhouse gas emissions limits under chapter 21N of the General Laws. The 2378
department of public utilities shall consider the costs and benefits of the proposed long- term 2379
contract and shall approve a proposed long-term contract if the department finds that the 2380
proposed contract is in the public interest and is a cost-effective mechanism for procuring 2381
beneficial, reliable energy storage systems on a long-term basis, taking into account the factors 2382
outlined in this section. A distribution company shall be entitled to cost recovery of payments 2383
made under a long- term contract approved under this section. 2384
(g) The department of energy resources and the attorney general shall jointly select, and 2385
the department of energy resources shall contract with, an independent evaluator to monitor and 2386 110 of 139
report on the solicitation and bid selection process in order to assist the department of energy 2387
resources in determining whether a proposal received pursuant to subsection (b) is reasonable 2388
and to assist the department of public utilities in its consideration of long- term contracts filed for 2389
approval. To ensure an open, fair and transparent solicitation and bid selection process is not 2390
unduly influenced by an affiliated company, the independent evaluator shall: (i) issue a report to 2391
the department of public utilities analyzing the timetable and method of solicitation and the 2392
solicitation process implemented by the distribution companies and the department of energy 2393
resources under subsection (b) and include recommendations, if any, for improving the process; 2394
and (ii) upon the opening of an investigation by the department of public utilities into a proposed 2395
long-term contract for a winning bid proposal, file a report with the department of public utilities 2396
summarizing and analyzing the solicitation and the bid selection process and providing its 2397
independent assessment of whether all bids were evaluated in a fair and non- discriminatory 2398
manner. The independent evaluator shall have access to all information and data related to the 2399
competitive solicitation and bid selection process necessary to fulfill the purposes of this 2400
subsection but shall ensure all proprietary information remains confidential. The department of 2401
public utilities shall consider the findings of the independent evaluator and may adopt 2402
recommendations made by the independent evaluator as a condition for approval. If the 2403
independent evaluator concludes in the findings that the solicitation and bid selection of a long-2404
term contract was not fair and objective and that the process was substantially prejudiced as a 2405
result, the department of public utilities shall reject the contract. 2406
(h) The distribution companies shall each enter into a contract with the winning bidders 2407
for their apportioned share of the long- term contract costs. The apportioned share shall be 2408 111 of 139
calculated and based upon the total energy demand from all distribution customers in each 2409
service territory of the distribution companies. 2410
(i) An electric distribution company may elect to use or retain environmental attributes to 2411
meet any applicable annual portfolio standard requirements, including section 11F of chapter 2412
25A of the General Laws, and other clean energy compliance standards as applicable. If the 2413
environmental attributes are not so used, such companies shall sell such purchased 2414
environmental attributes attributed to any applicable portfolio standard eligible resources to 2415
minimize the costs to ratepayers under the contract. The department of energy resources shall 2416
conduct periodic reviews to determine the impact on the environmental attributes markets of the 2417
disposition of environmental attributes under this section and may issue reports recommending 2418
legislative changes if it determines that actions are being taken that will adversely affect the 2419
environmental attributes markets. 2420
(j) If a distribution company sells the environmental attributes as described in this 2421
section, the distribution company shall net the cost of payments made to projects under the long-2422
term contracts against the net proceeds obtained from the sale of environmental attributes and the 2423
difference shall be credited or charged to all distribution customers through a uniform, fully 2424
reconciling annual factor in distribution rates, subject to review and approval of the department 2425
of public utilities. 2426
(k) A long- term contract procured under this section for energy storage systems shall 2427
utilize an appropriate tracking system to ensure a unit specific accounting of the delivery of 2428
environmental attributes, to enable the department of environmental protection, in consultation 2429
with the department of energy resources, to accurately measure progress in achieving the 2430 112 of 139
commonwealth’s goals under chapter 298 of the acts of 2008 and the statewide greenhouse gas 2431
emissions limits under chapter 21N of the General Laws. 2432
(l) The department of energy resources and the department of public utilities may jointly 2433
develop requirements for a bond or other security to ensure performance with requirements 2434
under this section. 2435
(m) The department of energy resources may promulgate regulations necessary to 2436
implement this section. 2437
(n) If this section is subjected to a legal challenge, the department of public utilities may 2438
suspend the applicability of the challenged provision during the pendency of the action until a 2439
final resolution, including any appeals, is obtained and shall issue an order and take other actions 2440
as are necessary to ensure that the provisions not subject to the challenge are implemented 2441
expeditiously to achieve the public purposes of this section. 2442
SECTION 99. Chapter 149 of the acts of 2014 is hereby amended by striking out section 2443
3. 2444
SECTION 100. Subsection (a) of section 81 of chapter 179 of the acts of 2022 is hereby 2445
amended by striking out the figure “11” and inserting in place thereof the following figure:- 13. 2446
SECTION 101. Said subsection (a) of said section 81 of said chapter 179 is hereby 2447
further amended by inserting after the words “commissioner of public utilities or designee” the 2448
following words:- ; the executive director of the Massachusetts clean energy technology center 2449
or designee; the commissioner of the division of standards or designee. 2450 113 of 139
SECTION 102. The second paragraph of said subsection (a) of said section 81 of said 2451
chapter 179 is hereby amended by striking out the words “and (ix)” and inserting in place thereof 2452
the following words:- (ix) estimates of the number of zero-emission medium and heavy duty 2453
vehicle charging stations required to meet the commonwealth’s emissions limits and sublimits 2454
pursuant to said chapter 21N; (x) a discussion of costs, permitting processes and estimated 2455
timelines for installing charging stations for medium and heavy duty vehicles; and (xi). 2456
SECTION 103. Said section 81 of said chapter 179 is hereby further amended by striking 2457
out subsection (d) and inserting in place thereof the following subsection:- 2458
(d)(1) The council shall issue an initial assessment to the senate and house committees on 2459
ways and means and the joint committee on telecommunications, utilities and energy not later 2460
than 12 months after the effective date of this act and shall reconsider and revise its assessment 2461
at least once every 2 years. The council shall make its assessments publicly available on the 2462
website of each secretariat with a member serving on the council. 2463
(2) Each assessment submitted pursuant to this section shall forecast electric vehicle 2464
charging demand throughout the commonwealth for the next 10 years and the impacts of such 2465
demand on the electric distribution grid, identifying areas of the grid that may require 2466
modification due to such impacts. In conducting such forecasts, the council shall consult with 2467
key stakeholders, including, but not limited to, electric distribution companies, convenience store 2468
and restaurant retailers and other small businesses, electric vehicle supply equipment companies, 2469
electric vehicle original equipment manufacturers and fleet operators. Each forecast shall 2470
consider current traffic patterns and expected adoption of light, medium and heavy- duty electric 2471
vehicles over various time periods. 2472 114 of 139
(3) Not later than 6 months after the completion of each assessment, the council, in 2473
coordination with the department of energy resources, the Massachusetts Department of 2474
Transportation and said key stakeholders, shall identify optimal sites along or near 2475
commonwealth highways and major roadways in each electric distribution company service 2476
territory that may be suitable to host electric vehicle fast charging hubs and fleet depots. 2477
Identification of such priority sites for electric vehicle fast charging stations and fleet depots 2478
shall include, but not be limited to, consideration of the following: (i) convenience, accessibility 2479
and safety for drivers and passengers; (ii) ease of access for both consumer and commercial 2480
electric vehicles; (iii) cost- effective and efficient use of existing electric company infrastructure 2481
and rights-of-way; (iv) land use feasibility; (v) potential ability to qualify for public funds, 2482
including, but not limited to, funds made available under the federal Infrastructure Investment 2483
and Jobs Act of 2021, Public Law No. 117- 58; and (vi) impact on environmental justice 2484
communities and low and moderate income neighborhoods. 2485
(4) Not later than 12 months after the completion of each assessment, each electric 2486
distribution company shall develop a plan for building the additional distribution infrastructure 2487
investments necessary on its system to satisfy, at a minimum, the 10-year charging demand 2488
projected in each such assessment, including, but not limited to, in the areas identified in such 2489
assessment as potentially requiring a grid upgrade and at the sites identified as potential hosts of 2490
fast charging hubs and fleet depots. Such additional distribution infrastructure investments shall 2491
be designed to accommodate any additional projected future needs for the area identified by the 2492
electric distribution company and shall be inclusive of, but not limited to, increased demand 2493
associated with heating and cooling electrification and hosting capacity for distributed energy 2494
resources. Each such additional distribution infrastructure investment shall be: (i) consistent with 2495 115 of 139
the requirements and criteria set forth in section 92B of chapter 164 of the General Laws; (ii) 2496
treated as small clean transmission and distribution infrastructure facilities as defined in chapter 2497
25A of the General Laws; and (iii) subject to the statutes, regulations and processes attendant to 2498
said chapter 25A. 2499
(5) Not later than 12 months after the completion of each assessment, each electric 2500
distribution company may submit to the department of public utilities an application to increase 2501
its base electric distribution rates to account for the additional distribution infrastructure included 2502
in the plan pursuant to paragraph (4). Such application shall be approved by the department of 2503
public utilities not later than 3 months after submission so long as the requested increase is 2504
consistent with the department's accounting practices and incremental costs are not otherwise 2505
accounted for in the electric distribution company's existing rates. The department's review of 2506
such application shall not be construed as a prudence review. The electric distribution company's 2507
application shall be deemed approved if the department does not act within 3 months. 2508
(6) The department of public utilities shall conduct a prudence review of the additional 2509
distribution infrastructure investments planned pursuant to paragraph (4) during the next general 2510
rate case of the electric distribution company or in reviewing the electric distribution company's 2511
electric-sector modernization plan submitted pursuant to section 92B of chapter 164 of the 2512
General Laws, at the department's discretion. Each electric distribution company shall be entitled 2513
to full cost recovery of all such infrastructure investments deemed prudent. To demonstrate 2514
prudence, the electric distribution company shall clearly outline how it evaluated advanced 2515
transmission technologies, other infrastructure investments and alternatives other than 2516
infrastructure investments to satisfy projected demand. The electric distribution company shall 2517
also demonstrate that the proposed infrastructure investments were cost effective compared with 2518 116 of 139
the alternatives, provide net benefits for customers and meet the criteria enumerated in clauses (i) 2519
to (vi), inclusive, of subsection (a) of said section 92B of said chapter 164. If the department 2520
finds that such investments were imprudent, it may, at its discretion, order customers to be 2521
credited for any increase in base distribution rates made pursuant to paragraph (5) with interest, 2522
as appropriate. 2523
SECTION 104. Said section 81 of said chapter 179, as amended by section 165 of 2524
chapter 77 of the acts of 2023, is hereby further amended by adding the following subsection:- 2525
(f) The council shall be responsible for providing leadership and direction for the 2526
deployment of electric vehicle charging infrastructure and electric vehicle chargers and shall 2527
strive to ensure a network of convenient, affordable, reliable and equitable electric vehicle 2528
chargers in the commonwealth. Responsibilities of the council shall include, but not be limited 2529
to: (i) achieving the objectives and serving the purposes enumerated in this section; (ii) 2530
monitoring the preparedness, staffing level, staff training and overall effectiveness of public and 2531
private initiatives, activities, programs, agencies, offices and divisions involved in siting, 2532
permitting, financing, installing, inspecting, maintaining or protecting consumer interactions 2533
with electric vehicle chargers in the commonwealth; (iii) facilitating intergovernmental 2534
coordination and effectiveness with respect to achieving the objectives and serving the purposes 2535
enumerated in this section; (iv) achieving timely compliance with, and implementation and 2536
administration of, standards, requirements and regulations promulgated by the National Electric 2537
Vehicle Infrastructure Formula Program established pursuant to the Infrastructure Investment 2538
and Jobs Act of 2021, Public Law No. 117- 58; and (v) ensuring wayfinding signage on highways 2539
and on streets adjacent to charging locations with information on such locations. 2540 117 of 139
Not later than July 31, 2025, or as part of the next periodic assessment compiled pursuant 2541
to subsection (d), whichever occurs later, and every 2 years thereafter, the council shall report on 2542
its efforts to lead and direct such deployment and its results to the senate and house committees 2543
on ways and means and the joint committee on telecommunications, utilities and energy. The 2544
council shall make such reports publicly available on the website of each secretariat with a 2545
member serving on the council. 2546
SECTION 105. Said chapter 179 is hereby further amended by striking out section 82 2547
and inserting in place thereof the following section:- 2548
Section 82. The department of energy resources may coordinate with 1 or more New 2549
England states to consider competitive solicitations for long- term clean energy generation, 2550
including nuclear power generation that is located in the ISO-NE control area and commenced 2551
commercial operation before January 1, 2011, associated environmental attributes, transmission 2552
or capacity for the benefit of residents of the commonwealth and the region. If the department of 2553
energy resources, in consultation with the electric distribution companies and the office of the 2554
attorney general, determines not later than December 31, 2025 that a project would satisfy all of 2555
the benefits listed below, the electric distribution companies shall enter into cost- effective long-2556
term contracts. In its determination, the department of energy resources shall determine if any 2557
proposals: (i) provide cost-effective clean energy generation to electric ratepayers in the 2558
commonwealth and the region over the term of the contract; (ii) provide the benefits of clean 2559
energy and associated transmission towards meeting the commonwealth’s decarbonization goals; 2560
(iii) where possible, avoid, minimize or mitigate, to the maximum extent practicable, 2561
environmental impacts and impacts to low income populations; or (iv) reduce ratepayer costs in 2562
winter months and improve energy security during winter months. For the purposes of this 2563 118 of 139
section, a long- term contract shall be a contract with a term of 10 to 20 years. Eligible clean 2564
energy generation must contribute to achieving compliance with limits and sublimits established 2565
pursuant to sections 3 and 3A of chapter 21N of the General Laws. Associated transmission costs 2566
must be incorporated into a proposal. All proposed contracts shall be subject to the review and 2567
approval of the department of public utilities. The department of public utilities shall consider 2568
both potential costs and benefits of such contracts and shall only approve a contract upon a 2569
finding that it is cost- effective, taking into account the factors provided in this section. 2570
SECTION 106. Notwithstanding any general or special law, rule, regulation or order to 2571
the contrary, the department of public utilities shall investigate expanding access to net crediting 2572
solutions for net metering facilities and solar facilities eligible to receive bill credits under any 2573
programs established pursuant to section 11 of chapter 75 of the acts of 2016. Such net crediting 2574
solutions may facilitate the allocation of credits between owners of facilities and customers, 2575
including any payment mechanism that requires an electric distribution company, at the request 2576
of a host customer or eligible facility to: (i) include the monthly subscription charge of a host 2577
customer or eligible facility on the customer’s bills; and (ii) remit payment for those charges to 2578
the host customer or eligible facility. The department shall consider whether an electric 2579
distribution company may require a fee for a host customer or eligible facility that uses net 2580
crediting. 2581
SECTION 107. Notwithstanding any general or special law, rule or regulation to the 2582
contrary, the department of public utilities, in consultation with the department of energy 2583
resources, shall: (i) amend any applicable rules, regulations and tariffs to permit the transfer of 2584
credits from an alternative on-bill credit generation unit, as defined by regulations of the 2585
department of energy resources, to customers of any electric distribution company located in the 2586 119 of 139
commonwealth; and (ii) require the electric distribution companies to implement consolidated 2587
billing on Alternative On-Bill Credit (AOBC) Low Income Community Shared Solar (LICSS) 2588
generation units. In implementing said consolidated billing, the electric distribution companies 2589
shall apply the net value of the bill credit directly to customer’s accounts and remit the developer 2590
or owner portion of the payment directly to the developer or owner. The net value of the bill 2591
credits the electric distribution companies would apply to customer accounts may be calculated 2592
in a manner determined by the department. 2593
SECTION 108. There shall be a special legislative commission to recommend to the 2594
general court extended producer responsibility policies for the commonwealth. The commission 2595
shall include: the commissioner of environmental protection or a designee, who shall serve as 2596
chair; the secretary of economic development or a designee; the commissioner of public health or 2597
a designee; 1 person to be appointed by the attorney general, who shall have expertise in 2598
consumer protection; 1 person to be appointed by the senate chair of the joint committee on 2599
environment and natural resources; 1 person to be appointed by the senate chair of the joint 2600
committee on telecommunications, utilities and energy; 1 person to be appointed by the minority 2601
leader of the senate; 1 person to be appointed by the house chair of the joint committee on 2602
environment and natural resources; 1 person to be appointed by the house chair of the joint 2603
committee on telecommunications, utilities and energy; 1 person to be appointed by the minority 2604
leader of the house of representatives; 1 person to be appointed by the Massachusetts Association 2605
of Regional Planning Agencies; and 10 additional persons to be appointed by the chair, 1 of 2606
whom shall represent an organization representing product or packaging producers, 1 of whom 2607
shall represent retailers, 1 of whom shall represent waste haulers and material recovery facility 2608
operators, 1 of whom shall represent municipal officials or employees, 1 of whom shall represent 2609 120 of 139
a statewide or regional environmental protection organization, 3 of whom shall represent 2610
environmental justice organizations, 1 of whom shall represent a statewide recycling advocacy 2611
organization and 1 of whom shall represent an environmental health and public health 2612
organization. The chair shall consider geographic diversity in making appointments to the 2613
commission. The chair may select a third-party facilitator for the commission. 2614
The extended producer responsibility policy recommendations shall include, but not be 2615
limited to: (i) recommendations on specific extended producer responsibility approaches and 2616
other strategies for product and packaging categories including, but not limited to, paint, 2617
mattresses, electronics, lithium- ion batteries, plastics and other packaging; (ii) a proposed 2618
structure for each product and packaging category including collection, processing and financial 2619
responsibility; (iii) information on cost impacts of residential curbside collection or transfer 2620
station operations, on- site processing costs for each readily recyclable material type, 2621
management costs of non-readily recyclable materials and other cost factors; (iv) methods for 2622
incentivizing product and packaging production, including material reduction, reuse and lifecycle 2623
extensions; and (v) impacts on waste generation and waste stream contamination reduction. The 2624
commission shall host not less than 4 public meetings and solicit public comment regarding 2625
extended producer responsibility. Not later than January 15, 2026, the commission shall issue 2626
initial recommendations and related findings to the senate and house committees on ways and 2627
means, the joint committee on environment and natural resources, the joint committee on 2628
telecommunications, utilities and energy and the clerks of the senate and house of 2629
representatives. The department of environmental protection shall publish said recommendations 2630
and related findings on its website. 2631 121 of 139
SECTION 109. There shall be a special commission to study the impacts on the fossil 2632
fuel workforce caused by public and private efforts to reduce greenhouse gas emissions and 2633
transition from fossil fuels to clean energy. The commission shall seek to measure and monitor 2634
the impact on fossil fuel workers and industries and examine ways to increase access to 2635
employment, training and workforce opportunities in clean energy industries and related fields. 2636
The commission shall consist of: the secretary of labor and workforce development or a 2637
designee, who shall serve as co- chair; the commissioner of energy resources or a designee, who 2638
shall serve as co-chair; the secretary of economic development or a designee; the director of 2639
environmental justice and equity or a designee; the executive director of the Massachusetts clean 2640
energy technology center or a designee; 8 members to be appointed by the governor, 1 of whom 2641
shall be a representative of employers in the gas utility sector, 1 of whom shall be a 2642
representative of employers in the electric power generation sector, 1 of whom shall be a 2643
representative of employers in the renewable electricity sector, 1 of whom shall be a 2644
representative of employers in the energy efficiency sector, 1 of whom shall be a representative 2645
of employers in the clean transportation sector, 1 of whom shall be a representative of employers 2646
in the clean heating sector and 2 of whom shall work in or be affiliated with a higher education 2647
university with educational expertise in labor policy and the fossil fuel or clean energy workforce 2648
and 5 of whom shall be recommended by the president of the Massachusetts AFL-CIO, 1 of 2649
whom shall be a representative of employees in the gas utility sector, 1 of whom shall be a 2650
representative of employees in the electric power generation sector, 2 of whom shall be 2651
representatives of employees in the clean energy sector and 1 of whom shall be a representative 2652
of employees in the transportation sector; the president of the Massachusetts Building Trades; 2653 122 of 139
and 2 representatives of environmental justice communities appointed by the director of 2654
environmental justice and equity. 2655
The work of the commission shall include, but not be limited to, identifying workers 2656
currently employed in the energy sector by industry, trade and job classification, including an 2657
analysis of wage and benefit packages and current licensing, certification and training 2658
requirements. The commission shall recommend education and training programs to enhance re-2659
employment opportunities within the energy sector and services to support dislocated workers 2660
displaced from jobs within the energy sector as a result of public or private efforts to reduce 2661
greenhouse gas emissions or transition from fossil fuels to clean energy and advancements in 2662
clean energy technology. The commission shall, not later than December 31, 2025, issue a 2663
report, including any plans and recommendations, to the clerks of the senate and house of 2664
representatives. 2665
SECTION 110. The initial regulations required to be promulgated by the executive office 2666
of energy and environmental affairs or its designated agency under section 31 of chapter 21A of 2667
the General Laws and the initial regulations required to be promulgated by the division of 2668
standards in the office of consumer affairs and business regulation under section 59 of chapter 98 2669
of the General Laws shall be completed not later than February 1, 2026 and shall apply to 2670
chargers installed on or after June 1, 2026. 2671
SECTION 111. The Massachusetts clean energy technology center shall conduct and 2672
publish a study of prospects and opportunities for carbon dioxide removal innovation and 2673
operations within the commonwealth or in waters not more than 50 nautical miles off the 2674
commonwealth. Methods of carbon dioxide removal shall include, but not be limited to: (i) 2675 123 of 139
sequestration and storage involving terrestrial mineralization or enhanced rock weathering; (ii) 2676
sequestration and storage involving biochar, woody waste, agricultural waste or other waste 2677
products; (iii) ocean-based solutions including electro- chemical alkalinity enhancement, marine 2678
permaculture, deep-ocean sequestration and storage of biomass and coastal enhanced 2679
weathering; (iv) construction materials and products, the production of which directly contributes 2680
to the sequestration and storage of carbon dioxide or other greenhouse gases, including mass 2681
timber; and (v) direct air capture paired with either durable geologic sequestration and storage or 2682
durable sequestration and storage in the built environment including in concrete. 2683
The study shall include, but not be limited to: (i) cost considerations, including ranges of 2684
likely prices per ton of carbon dioxide removed; (ii) the scale potential of various potential 2685
carbon dioxide removal processes; (iii) the likely duration of various potential carbon dioxide 2686
removal operations; (iv) projected start times of various activities and operations; (v) the 2687
conservation efficiency of various activities and operations in terms of their use of water, land 2688
and energy resources with explicit consideration of projects with low water, land and energy 2689
requirements and of projects that exclusively employ renewable energy; (vi) the number of 2690
potential jobs within the commonwealth, including research and development jobs, that are likely 2691
to be created by various activities and operations; (vii) the potential of various activities and 2692
operations to involve purchases of equipment and supplies from businesses located in the 2693
commonwealth; (viii) the potential of various activities and operations to generate significant 2694
agricultural, ecological or ecosystem co-benefits, harms or effects of ocean acidification on the 2695
marine environment, habitats and species, including shellfish, lobsters and other commercially-2696
important fisheries in the waters of the commonwealth; (ix) the extent to which various activities 2697
and operations may generate economic benefit to 1 or more disadvantaged communities; (x) 2698 124 of 139
methods of measuring, reporting and verifying carbon dioxide removal technologies; and (xi) 2699
recommended next steps, if any, for legislative or executive branch action. 2700
The center shall publish a draft study for comment not later than December 31, 2025 and 2701
a final study not later than April 30, 2026. 2702
SECTION 112. Notwithstanding any general or special law to the contrary and subject to 2703
availability of sufficient proceeds, the department of energy resources shall expend amounts 2704
from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws 2705
to fund the green communities program established in section 10 of chapter 25A of the General 2706
Laws and the Electric Vehicle Adoption Incentive Trust Fund established in section 19 of said 2707
chapter 25A through June 30, 2027. Payments made from the fund shall be prioritized by 2708
directing initial payments to the green communities program and the Electric Vehicle Adoption 2709
Incentive Trust Fund; provided, however, that not less than $27,000,000 shall be available for the 2710
Electric Vehicle Adoption Incentive Trust Fund each fiscal year. 2711
SECTION 113. Notwithstanding any general or special law to the contrary and not later 2712
than July 31, 2025, the executive office of housing and livable communities, in consultation with 2713
the executive office of energy and environmental affairs, shall promulgate regulations to 2714
implement a cradle-to-grave life cycle assessment in accordance with International Organization 2715
for Standardization ISO 14040 and ISO 14044 of state-funded housing projects. The assessment 2716
shall encompass the full life cycle including, but not limited to: (i) resource extraction through 2717
demolition and disposal; and (ii) on- site construction, operations, maintenance and replacement 2718
and material-and product-embodied acquisition, processing and transportation energy. 2719 125 of 139
SECTION 114. Notwithstanding any general or special law to the contrary, the 2720
department of energy resources, in consultation with the department of public utilities and the 2721
Massachusetts clean energy technology center, shall issue technical guidance on how a 2722
municipality or group of municipalities with an approved municipal load aggregation plan 2723
authorized pursuant to section 134 of chapter 164 of the General Laws or with approved 2724
aggregations authorized pursuant to section 137 of said chapter 164, may enter into a long- term 2725
contract to purchase electricity from an offshore wind developer. The guidance shall be publicly 2726
posted on the department’s website not later than June 1, 2025. 2727
SECTION 115. The embodied carbon intergovernmental coordinating council shall 2728
submit the initial embodied carbon reduction plan under section 73 of chapter 7C of the General 2729
Laws to the clerks of the senate and house of representatives not later than July 31, 2025. 2730
SECTION 116. (a) Notwithstanding any general or special law to the contrary, the 2731
department of energy resources shall conduct a review to determine the effectiveness of the 2732
commonwealth’s existing solicitations and procurements required by sections 83 to 83E, 2733
inclusive, of chapter 169 of the acts of 2008 and shall make recommendations regarding the 2734
future procurement of clean energy resources for the purposes of ensuring compliance with 2735
statewide greenhouse gas emissions limits and sublimits under chapter 21N of the General Laws. 2736
(b) The department’s recommendations shall include a review of: (i) prior clean energy 2737
solicitations; (ii) best practices and models utilized by other states to procure clean energy; (iii) 2738
best practices and models utilized by other states and the federal government to ensure high labor 2739
standards in clean energy; (iv) with respect to sections 83C, 83D, and 83E of chapter 169 of the 2740
acts of 2008, the optimal length of long- term contracts as defined in section 83B of said chapter 2741 126 of 139
169; (v) the use of energy services in future solicitations and procurements, which shall include 2742
operation of advanced transmission infrastructure, including transmission, energy storage 2743
systems as defined in section 1 of chapter 164 of the General Laws and demand response 2744
technologies, that increases the deliverability or reliability of clean energy generation or reduces 2745
the cost of clean energy generation; (vi) authorization of surplus interconnection service as an 2746
available transmission option in future solicitations and procurements required by said section 2747
83C of said chapter 169; and (vii) strategies to minimize total carbon emissions generated by 2748
vessels during both the construction phase and the operation and maintenance phase of a project 2749
and any legislative recommendations needed to amend or replace existing statutory authority. 2750
(c) The department’s review of best practices and models for labor standards shall 2751
include an investigation of reporting requirements for future solicitations and procurements 2752
pursuant to section 83C of chapter 169 of the acts of 2008 regarding information relative to 2753
compliance with chapters 149, 151, 151A, 151B and 152 of the General Laws, 29 U.S.C. section 2754
201, et seq. and applicable federal anti-discrimination laws by offshore wind developers as 2755
defined in said section 83B of said chapter 169, their contractors and subcontractors, 2756
documentation of such parties’ history with picketing, work stoppages, boycotts or other 2757
economic actions and documentation relative to whether such parties have been found in 2758
violation of any state or federal safety regulations in the previous 10 years. The review shall 2759
further include information regarding the use of state or federally certified apprenticeship 2760
programs and the use of prevailing or union wages on clean energy projects. 2761
(d) The department shall consult with the clean energy industry, the office of the attorney 2762
general, the Massachusetts clean energy technology center, environmental justice organizations, 2763
labor organizations representing workers in the offshore wind industry and other impacted 2764 127 of 139
stakeholders as part of this review process. Such review and recommendations shall be submitted 2765
to the joint committee on telecommunications, utilities and energy not later than July 1, 2025. 2766
SECTION 117. The executive office of energy and environmental affairs shall conduct a 2767
study on the feasibility of the electric vehicle only sales mandate that becomes effective in 2035. 2768
The study shall include, but not be limited to, an examination of a realistic timeline to implement 2769
the mandate, the infrastructure needed to implement the mandate, including ample charging 2770
stations throughout the commonwealth and where and how enough electricity will be needed and 2771
generated into the power grid to sustain such a mandate by 2035. The study shall also seek input 2772
on the impacts of the mandate from relevant industries including, but not limited to, the 2773
automobile industry, auto sales industry, auto repair industry, transportation industry, shipping 2774
and construction industries and travel and tourism. The executive office shall collect information 2775
on the feasibility of installing and providing access to charging stations in rural, suburban and 2776
urban areas. The executive office shall also collect and study information on the costs associated 2777
with the repair and general maintenance of electric vehicles compared to gas-fueled vehicles. 2778
The executive office shall report its findings to the joint committee on 2779
telecommunications, utilities and energy, the chairs of the house and senate committees on 2780
global warming and climate change and the chairs of the house and senate committees on ways 2781
and means not later July 31, 2025. 2782
SECTION 118. (a) Notwithstanding any general or special law to the contrary, an energy 2783
storage system as defined in section 1 of chapter 164 of the General Laws that is not less than 2784
100 megawatt hours and has received a comprehensive exemption from local zoning by- laws 2785
pursuant to section 3 of chapter 40A of the General Laws or pursuant to section 6 of chapter 665 2786 128 of 139
of the acts of 1956 may petition the energy facilities siting board to obtain a certificate of 2787
environmental impact and public interest if the petition is filed prior to the date when regulations 2788
are promulgated pursuant to section 132. 2789
(b) The energy facilities siting board shall consider a petition pursuant to subsection (a) if 2790
the applicant is prevented from building the energy storage system because: (i) the applicant is 2791
unable to meet standards imposed by a state or local agency with reasonable and commercially 2792
available equipment; (ii) the processing or granting by a state or local agency of any approval, 2793
consent, permit or certificate has been unduly delayed for any reason; (iii) the applicant believes 2794
there are inconsistencies among resource use permits issued by such state or local agencies; (iv) 2795
the applicant believes that a nonregulatory issue or condition has been raised or imposed by such 2796
state or local agencies, including, but not limited to, aesthetics and recreation; (v) the generating 2797
facility cannot be constructed due to any disapprovals, conditions or denials by a state or local 2798
agency or body, except with respect to any lands or interests therein, excluding public ways, 2799
owned or managed by any state agency or local government; or (vi) the facility cannot be 2800
constructed because of delays caused by the appeal of any approval, consent, permit or 2801
certificate. 2802
(c) The energy facilities siting board shall, upon petition, consider an application for a 2803
certificate of environmental impact and public interest if it finds that any state or local agency 2804
has imposed a burdensome condition or limitation on any license or permit. An energy storage 2805
system, with respect to which a certificate is issued by the energy facilities siting board, shall 2806
thereafter be constructed, maintained and operated in conformity with such certificate and any 2807
terms and conditions contained therein. 2808 129 of 139
(d) Notwithstanding any general or special law to the contrary, such certificate may be so 2809
issued; provided, however, that when so issued no state agency or local government shall require 2810
any approval, consent, permit, certificate or condition for the construction, operation or 2811
maintenance of the energy storage system with respect to which the certificate is issued and no 2812
state agency or local government shall impose or enforce any law, ordinance, by- law, rule or 2813
regulation nor take any action nor fail to take any action that would delay or prevent the 2814
construction, operation or maintenance of such energy storage system except as required by 2815
federal law; and provided further, that the energy facilities siting board shall not issue a 2816
certificate, the effect of which would be to grant or modify a permit, approval or authorization, 2817
which, if so granted or modified by the appropriate state or local agency, would be invalid 2818
because of a conflict with applicable federal water or air standards or requirements. A certificate, 2819
if issued, shall be in the form of a composite of all individual permits, approvals or 2820
authorizations that would otherwise be necessary for the construction and operation of the energy 2821
storage system and that portion of the certificate that relates to subject matters within the 2822
jurisdiction of a state or local agency shall be enforced by said agency under the other applicable 2823
laws of the commonwealth as if it had been directly granted by the said agency. 2824
(e) Energy storage systems that have not petitioned the department of public utilities for a 2825
comprehensive exemption from local zoning by- laws pursuant to section 3 of chapter 40A of the 2826
General Laws prior to July 1, 2026, shall not be eligible to petition the energy facilities siting 2827
board to obtain a certificate of environmental impact and public interest under this section. 2828
(f) Notwithstanding any general or special law to the contrary, large clean energy storage 2829
facilities that have: (i) submitted a petition under section 72 of chapter 164 of the General Laws; 2830
(ii) submitted a petition under section 3 of chapter 40A of the General Laws; or (iii) requested 2831 130 of 139
local permits or a grant of location prior to the date when regulations are promulgated pursuant 2832
to section 132 shall not be required to submit an application or petition to the energy facility 2833
siting board pursuant to section 69T of chapter 164 of the General Laws. 2834
SECTION 119. (a) For purposes of this section, the following words shall have the 2835
following meanings unless the context clearly requires otherwise:- 2836
“Approval”, except as otherwise provided in subsection (b), any permit, certificate, order, 2837
excluding enforcement orders, license, certification, determination, exemption, variance, waiver, 2838
building permit or other approval or determination of rights from any municipal, regional or state 2839
governmental entity, including any agency, department, commission or other instrumentality of 2840
the municipal, regional or state governmental entity, concerning the use or development of real 2841
property, including certificates, licenses, certifications, determinations, exemptions, variances, 2842
waivers, building permits or other approvals or determination of rights issued or made under 2843
chapter 21 of the General Laws or chapter 21A of the General Laws; provided, however 2844
“approval” shall not mean any permit, certificate, order, excluding enforcement orders, license, 2845
certification, determination, exemption, variance, waiver, building permit or other approval or 2846
determination of rights issued or made under section 16 of chapter 21D of the General Laws, 2847
sections 61 to 62H, inclusive, of chapter 30 of the General Laws, chapters 30A, 40 and 40A to 2848
40C, inclusive, of the General Laws, chapters 40R, 41 and 43D of the General Laws, section 21 2849
of chapter 81 of the General Laws, chapters 91, 131, 131A and 143 of the General Laws, 2850
sections 4 and 5 of chapter 249 of the General Laws or chapter 258 of the General Laws or 2851
chapter 665 of the acts of 1956 or any local by- law or ordinance. 2852 131 of 139
“Clean energy infrastructure project”, a project involving the construction, 2853
reconstruction, conversion, relocation or enlargement of any renewable energy generating 2854
source, as defined in subsection (c) of section 11F of chapter 25A of the General Laws, any 2855
energy storage system, as defined in section 1 of chapter 164 of the General Laws, any 2856
transmission facility or distribution facility, as defined in said section 1 of said chapter 164, or 2857
related infrastructure, including substations and any other project that may be so designated as a 2858
clean energy infrastructure project by the department of energy resources. 2859
(b)(1) Notwithstanding any general or special law to the contrary, any approval granted 2860
for a clean energy generation or storage project that was in effect from October 22, 2020, to 2861
August 1, 2024, inclusive, shall be extended to August 1, 2029. 2862
(2) A clean energy infrastructure project shall be governed by the applicable provisions 2863
of any state, regional or local statute, regulation, ordinance or by- law, if any, in effect at the time 2864
of the initial approval granted for such project, unless the owner or petitioner of such project 2865
elects to waive this section. 2866
(3) Nothing in this section shall extend or purport to extend: (i) a permit or approval 2867
issued by the government of the United States or an agency or instrumentality of the government 2868
of the United States or to a permit or approval of which the duration of effect or the date or terms 2869
of its expiration are specified or determined by or under law or regulation of the federal 2870
government or any of its agencies or instrumentalities; or (ii) a permit, license, privilege or 2871
approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws 2872
for hunting, fishing or aquaculture. 2873 132 of 139
(4) If an owner or petitioner sells or otherwise transfers a property or project to receive 2874
approval for an extension, the new owner or petitioner shall agree to assume all commitments 2875
made by the original owner or petitioner under the terms of the approval, otherwise the approval 2876
shall not be extended under this section. 2877
SECTION 120. The department of public utilities shall commission a management study 2878
to assess: (i) the likely workload of the energy facilities siting board based on the new 2879
requirements of this act and the commonwealth’s clean energy and climate plans; (ii) the 2880
workforce qualifications needed to implement this act; (iii) the cost associated with the hiring 2881
and retention of qualified professionals and consultants to successfully complete that work 2882
required pursuant to this act; and (iv) the design, population and maintenance of a real-time, 2883
online clean energy infrastructure dashboard, as required to be maintained by the facility siting 2884
division pursuant to section 12N of chapter 25 of the General Laws. The funding and staffing 2885
resource requirements identified in the management study shall be reported to the joint 2886
committee on ways and means, the joint committee on telecommunications, utilities and energy, 2887
the secretary of energy and environmental affairs and the secretary of administration and finance 2888
not later than August 1, 2025. The secretary of energy and environmental affairs and the 2889
secretary of administration and finance shall within 60 days of their receipt of the study provide 2890
recommendations to the senate and house committees on ways and means and the joint 2891
committee on telecommunications, utilities and energy on options to implement any proposed 2892
recommendations of the study. 2893
SECTION 121. (a) The department of public utilities, in coordination with the 2894
department of energy resources, shall conduct an independent investigation that examines the use 2895
of advanced conductors, grid- enhancing technologies and other advanced transmission 2896 133 of 139
technologies to enhance the performance of the commonwealth’s transmission system in 2897
applications that are subject to federal jurisdiction. Such advanced conductors, grid- enhancing 2898
technologies and other advanced transmission technologies may include, but shall not be limited 2899
to, reconductoring of transmission and distribution lines and the use of dynamic line ratings, 2900
advanced power flow control and topology optimization software. 2901
(b) In conducting its investigation, the department shall: (i) review industry trends for the 2902
implementation and use of advanced conductors, grid- enhancing technologies, and other 2903
advanced transmission technologies and determine which technologies are cost-effective and in 2904
the public interest and under what conditions those technologies could be utilized for 2905
transmission and distribution infrastructure within the state; and (ii) for any technologies 2906
determined to be cost effective and in the public interest, identify any jurisdictional and cost-2907
sharing issues related to requiring a transmission and distribution utility to implement such 2908
advanced transmission technologies. The investigation shall consider the costs of such 2909
technologies and consider their benefits including, but not limited to: (A) access to lower cost 2910
and zero carbon electricity; (B) acceleration of distributed energy resource interconnection; (C) 2911
reduced generator curtailment or congestion; (D) reduced environmental impacts; (E) 2912
maximization of the value of planned investments; (F) improved resilience; and (G) improved 2913
outage coordination and mitigation. 2914
(c) The department of public utilities shall submit is report to the joint committee on 2915
telecommunications, utilities and energy not later than September 1, 2025. 2916
SECTION 122. The department of environmental protection, in consultation with the 2917
board of fire prevention and regulations and the department of energy resources, shall issue 2918 134 of 139
guidance on the public health, safety and environmental impacts of electric battery storage and 2919
electric vehicle chargers not more than 6 months after the effective date of this act. 2920
SECTION 123. (a) Notwithstanding 225 CMR 15.07(2) or any general or special law, 2921
rule or regulation to the contrary, the RPS Class II Waste Energy Minimum Standard in the year 2922
2026 and all subsequent compliance years shall be equal to 3.7 per cent of total annual electrical 2923
energy sales. 2924
(b) Notwithstanding 225 CMR 15.08(4)(a)(2) or any general or special law, rule or 2925
regulation to the contrary, the alternative compliance payment rate for the RPS Class II Waste 2926
Energy Minimum Standard in the year 2026 and all subsequent compliance years shall be equal 2927
to the alternative compliance payment rate for the RPS Class II Renewable Energy Minimum 2928
Standard set pursuant to 225 CMR 15.08(3)(a)(2). 2929
SECTION 124. The department of energy resources shall convene a stakeholder working 2930
group to develop recommendations for regulatory and legislative changes that may be necessary 2931
to encourage the construction and operation of solar power generating canopies. The 2932
recommendations shall be designed to contribute to the state’s greenhouse gas emission limits 2933
and sublimits established pursuant to chapter 21N of the General Laws and facilitate the 2934
development and deployment of solar canopies in a cost-effective manner. The working group 2935
shall be convened not later than March 30, 2025. The working group shall consist of the 2936
commissioner of energy resources or a designee, who shall serve as chair, and the following 2937
members to be appointed by the secretary of energy and environmental affairs: a representative 2938
of the commercial real estate sector; a representative of the residential real estate sector; a 2939
representative of the organized labor industry; a representative of the solar energy industry; a 2940 135 of 139
representative of an environmental group concerned with energy; a representative of the 2941
construction industry; a representative of an electric utility or organization representing electric 2942
utilities; a representative of local government; a person with expertise in energy siting; and a 2943
person with expertise in solar energy and energy efficiency. The working group shall submit its 2944
report to the joint committee on telecommunications, utilities and energy, the senate and house 2945
committees on global warming and climate change and the clerks of the senate and house of 2946
representatives not later than June 31, 2025. 2947
SECTION 125. The secretary of energy and environmental affairs shall review existing 2948
flood risk mapping resources and assess the need for and feasibility of creating additional flood 2949
risk mapping resources to identify areas vulnerable to current and future flooding across the 2950
commonwealth. 2951
The secretary shall develop recommendations, including any legislation or funding 2952
necessary, to support any additional required flood risk mapping resources and shall submit its 2953
recommendations to the joint committee on environment and natural resources, the climate chief, 2954
the house and senate committees on ways and means and the clerks of the senate and house of 2955
representatives not later than 6 months after the effective date of this act. The recommendations 2956
shall also be made available to the public on the website of the executive office of energy and 2957
environmental affairs. 2958
SECTION 126. Orders restricting coastal wetlands recorded pursuant to section 105 of 2959
chapter 130 of the General Laws prior to July 1, 2024, and orders restricting inland wetlands 2960
recorded pursuant to section 40A of chapter 131 of the General Laws prior to July 1, 2024, shall 2961
permit or allow ecological restoration projects as defined in 310 CMR 10.04; provided, however, 2962 136 of 139
that such ecological restoration project is permitted by the department of environmental 2963
protection or local issuing authority pursuant to section 40 of said chapter 131 and applicable 2964
regulations. 2965
SECTION 127. Subsection (a) of section 116C of chapter 164 of the General Laws shall 2966
be implemented not later than 1 year after the effective date of this act. 2967
SECTION 128. All distribution companies operating within the commonwealth shall 2968
submit a plan for the implementation of advanced metering data access protocols pursuant to 2969
section 116C of chapter 164 of the General Laws to the department of public utilities for 2970
approval not later than 1 year after the effective date of this act. 2971
SECTION 129. The office of environmental justice and equity established pursuant to 2972
section 29 of chapter 21A of the General Laws shall establish standards and guidelines for 2973
community benefit plans and agreements as required by said section 29 of said chapter 21A not 2974
later than March 1, 2026, and shall issue the cumulative impacts analysis guidance pursuant to 2975
said section 29 of said chapter 21A before the energy facilities siting board regulations are 2976
promulgated pursuant to section 133. 2977
SECTION 130. The executive office of energy and environmental affairs shall coordinate 2978
and convene a stakeholder process with the agencies and offices under its jurisdiction and any 2979
other relevant local, regional and state agencies with a permitting role in energy related 2980
infrastructure to establish the methodology for determining the suitability of sites and associated 2981
guidance required by section 30 of chapter 21A of the General Laws not later than March 1, 2982
2026. 2983 137 of 139
SECTION 131. The department of energy resources shall promulgate regulations to 2984
implement section 21 of chapter 25A of the General Laws not later than March 1, 2026. 2985
SECTION 132. The energy facilities siting board shall promulgate regulations to 2986
implement the changes to sections 69G to 69J1/4, inclusive, sections 69O and 69P, sections 69R 2987
and 69S and sections 69T to 69W, inclusive, of chapter 164 of the General Laws not later than 2988
March 1, 2026. Such regulations shall apply to all jurisdictional projects submitted to the energy 2989
facilities siting board on and after July 1, 2026. In promulgating said regulations, the board shall 2990
consult with the department of public utilities, the department of energy resources, the 2991
department of environmental protection, the department of fish and game, the department of 2992
conservation and recreation, the department of agricultural resources, the Massachusetts 2993
environmental policy act office, the Massachusetts Department of Transportation, the executive 2994
office of public safety and security and all other agencies, authorities and departments whose 2995
approval, order, order of conditions, permit, license, certificate or permission in any form is 2996
required prior to or for construction of a facility, small clean energy infrastructure facility or 2997
large clean energy infrastructure facility. 2998
SECTION 133. The department of public utilities and the energy facilities siting board, in 2999
consultation with the office of environmental justice and equity established by section 29 of 3000
chapter 21A of the General Laws and the office of the attorney general, shall promulgate 3001
regulations to implement section 149 of chapter 164 of the General Laws not later than March 1, 3002
2026. 3003
SECTION 134. Not later than July 31, 2025, the department of public utilities shall open 3004
a proceeding to facilitate right-of-way or pole-mounted electric vehicle supply equipment 3005 138 of 139
throughout the commonwealth and shall require certain parties as it may identify, including, but 3006
not limited to, electric distribution companies as defined in section 1 of chapter 164 of the 3007
General Laws, to submit plans to facilitate the deployment of such equipment. Not later than 3008
December 31, 2025, electric distribution companies and such other parties as the department may 3009
identify shall file plans with the department for establishing such equipment throughout the 3010
commonwealth. Such plans may: (i) include schedules and calendar dates for deploying the 3011
equipment, making chargers operational and meeting other requirements as set by the 3012
department; (ii) promote partnerships between companies and municipalities or other 3013
governmental entities; (iii) ensure accessibility and affordability for rural communities and low 3014
and moderate income populations, including renters; (iv) favor chargers at Level 2 and higher 3015
capacity; (v) promote the use of poles owned by, or under the control of, electric distribution 3016
companies; (vi) review potential funding mechanisms and sources including, but not limited to, 3017
off-peak charging rate structures; (vii) review potential funding mechanisms, sources and 3018
liability provisions for ensuring routine maintenance and a state of good repair; and (viii) require 3019
annual reporting and tabulations including, but not limited to: (A) the number of equipment 3020
installations completed, identified by specific location; (B) pricing and consumer costs; (C) the 3021
number of supply equipment outages, identified by specific location, together with estimates of 3022
downtime; and (D) identification of software and hardware malfunctions or characteristics or 3023
labor or parts shortages that may have contributed to excessive equipment outages or downtimes; 3024
provided, however, that such annual reporting and tabulations may be coordinated with, or 3025
delegated to, the division of standards. Not later than July 31, 2026, the department shall 3026
approve, approve with conditions or reject such plans; provided, however, that nothing in this 3027 139 of 139
section shall conflict with or delay pole-mounted electric vehicle supply equipment installations 3028
that are underway before a relevant departmental approval. 3029
SECTION 135. The department of public utilities shall promulgate regulations to 3030
implement section 48 including, but not limited to, the establishment of a moderate income 3031
discount eligibility rate following an investigation thereof. 3032
SECTION 136. Not later than June 1, 2029, the director of public participation 3033
established in section 12T of chapter 25 of the General Laws shall complete a review of the 3034
intervenor support grant program established in section 149 of chapter 164 of the General Laws 3035
and provide an opportunity for public comment to determine whether the program and 3036
corresponding regulations should be amended. 3037
SECTION 137. Sections 12 to 15, inclusive, shall take effect on January 1, 2028. 3038
SECTION 138. Section 35 shall take effect on June 30, 2029. 3039
SECTION 139. Sections 64 to 68, inclusive, 70 to 76, inclusive, 83, 87, 91, 118 and 119, 3040
129 and 132 and section 149 of chapter 164 of the General Laws shall take effect on March 1, 3041
2026. 3042
SECTION 140. Section 88 shall take effect on March 1, 2027. 3043