Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1014 Compare Versions

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2	2	HOUSE DOCKET, NO. 3369 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1014
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens and Jack Patrick Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a climate change superfund.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/17/2025Danillo A. Sena37th Middlesex2/4/2025Carmine Lawrence Gentile13th Middlesex2/7/2025Samantha Montaño15th Suffolk2/7/2025Rodney M. Elliott16th Middlesex2/7/2025Erika Uyterhoeven27th Middlesex2/7/2025Mike Connolly26th Middlesex2/9/2025Tara T. Hong18th Middlesex2/11/2025Lindsay N. Sabadosa1st Hampshire2/11/2025David Paul Linsky5th Middlesex2/11/2025James C. Arena-DeRosa8th Middlesex2/20/2025Manny Cruz7th Essex3/10/2025Mindy Domb3rd Hampshire2/12/2025Chynah Tyler7th Suffolk2/18/2025Paul McMurtry11th Norfolk2/25/2025 1 of 16
16	16	HOUSE DOCKET, NO. 3369 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1014
18	18	By Representatives Owens of Watertown and Lewis of Framingham, a petition (accompanied by
19	19	bill, House, No. 1014) of Steven Owens, Danillo A. Sena and others for legislation to finance
20	20	climate adaptation projects. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a climate change superfund.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. The General Laws are hereby amended by inserting after Chapter 21O the
30	30	2following chapter:
31	31	3 CHAPTER 21P
32	32	4 CLIMATE CHANGE ADAPTATION COST RECOVERY ACT
33	33	5 Section 1. Definitions.
34	34	6 For purposes of this chapter, the following terms shall have the following meanings
35	35	7unless the context clearly requires otherwise:
36	36	8 "Applicable payment date", July first of the calendar year following the year in which this
37	37	9chapter is enacted into law. 2 of 16
38	38	10 "Climate change adaptation project", a project designed to avoid, moderate, repair or
39	39	11adapt to negative impacts of climate change or to assist communities, households and businesses
40	40	12in preparing for future climate change-driven disruptions. Such projects may include but are not
41	41	13limited to upgrading storm water drainage systems; making defensive upgrades to roads, bridges,
42	42	14subways, and transit systems; preparing for and recovering from hurricanes, drought, heat waves,
43	43	15blizzards, severe storms, wildfires, flooding and other extreme weather events; implementing
44	44	16nature-based solutions for coastal and flood protections and otherwise; undertaking preventive
45	45	17health care programs and providing medical care to treat illness or injury caused or aggravated
46	46	18by the effects of climate change; relocating, elevating, or retrofitting sewage treatment plants
47	47	19vulnerable to flooding; installing energy efficient cooling systems and other weatherization and
48	48	20energy efficiency upgrades and retrofits in public and private buildings, including schools and
49	49	21public housing; upgrading parts of the electrical grid to increase stability and resilience,
50	50	22including supporting the creation of self-sufficient clean energy microgrids; addressing urban
51	51	23heat island effects through green spaces, urban forestry, and other interventions; and responding
52	52	24to toxic algae blooms, loss of agricultural topsoil, and other climate-driven ecosystem threats to
53	53	25forests, farms fisheries, and food systems.
54	54	26 “Coal”, bituminous coal, anthracite coal, and lignite.
55	55	27 "Controlled group", two or more entities treated as a single employer under section 52(a)
56	56	28or (b) or section 414(m) or (o) of the internal revenue code. Subsections (a) and (b) of section 52,
57	57	29section 1563 of the internal revenue code shall be applied without regard to subsection(b)(2)(c).
58	58	30For purposes of this article, entities in a controlled group are treated as a single entity for
59	59	31purposes of meeting the definition of responsible party and are jointly and severally liable for
60	60	32payment of any cost recovery demand owed by any entity in the controlled group. 3 of 16
61	61	33 "Cost recovery demand", a charge asserted against a responsible party for cost recovery
62	62	34payments under the program for payment to the fund.
63	63	35 "Covered entity", any individual, trustee, agent, partnership, association, corporation,
64	64	36company, municipality, political subdivision, or other legal organization, including a foreign
65	65	37nation, that holds or held an ownership interest in a fossil fuel business during the covered
66	66	38period.
67	67	39 "Covered emissions", with respect to any covered entity, the total quantity of greenhouse
68	68	40gasses released into the atmosphere, expressed in metric tons of carbon dioxide equivalent,
69	69	41resulting from the use of fossil fuels extracted by such covered entity during the covered period.
70	70	42 "Covered period", the period that began January first, 1995 and ended on December
71	71	43thirty-first, 2024.
72	72	44 "Crude oil", oil or petroleum of any kind and in any form, including bitumen, oil sands,
73	73	45heavy oil, conventional and unconventional oil, shale oil, natural gas liquids, and condensates.
74	74	46 “Department”, the Executive Office of Energy and Environmental Affairs or such
75	75	47subsidiary department as may be identified by the Secretary.
76	76	48 "Environmental justice population'', a neighborhood that meets 1 or more of the
77	77	49following criteria: (i) the annual median household income is not more than 65 per cent of the
78	78	50statewide annual median household income; (ii) minorities comprise 40 per cent or more of the
79	79	51population; (iii) 25 per cent or more of households lack English language proficiency; or (iv)
80	80	52minorities comprise 25 per cent or more of the population and the annual median household
81	81	53income of the municipality in which the neighborhood is located does not exceed 150 per cent of 4 of 16
82	82	54the statewide annual median household income; provided, however, that for a neighborhood that
83	83	55does not meet said criteria, but a geographic portion of that neighborhood meets at least 1
84	84	56criterion, the secretary may designate that geographic portion as an environmental justice
85	85	57population upon the petition of at least 10 residents of the geographic portion of that
86	86	58neighborhood meeting any such criteria; provided further, that the secretary may determine that a
87	87	59neighborhood, including any geographic portion thereof, shall not be designated an
88	88	60environmental justice population upon finding that: (A) the annual median household income of
89	89	61that neighborhood is greater than 125 per cent of the statewide median household income; (B) a
90	90	62majority of persons age 25 and older in that neighborhood have a college education; (C) the
91	91	63neighborhood does not bear an unfair burden of environmental pollution; and (D) the
92	92	64neighborhood has more than limited access to natural resources, including open spaces and water
93	93	65resources, playgrounds and other constructed outdoor recreational facilities and venues.
94	94	66 "Fossil fuel", coal, crude oil, natural gas, and any other energy source formed from the
95	95	67remains of ancient plants, animals, and/or microorganisms.
96	96	68 "Fossil fuel business", a business engaging in the excavation, pumping, or other
97	97	69extraction of fossil fuels.
98	98	70 "Fund", the climate change adaptation superfund.
99	99	71 "Greenhouse gas", any chemical or physical substance that is emitted into the air and that
100	100	72the department may reasonably anticipate will cause or contribute to climate change including,
101	101	73but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons
102	102	74and sulfur hexafluoride. 5 of 16
103	103	75 “Nature-based solutions”, projects that utilize or mimic nature or natural processes and
104	104	76functions and that may also offer environmental, economic, and social benefits, while increasing
105	105	77resilience. Nature-based solutions include both green and natural infrastructure.
106	106	78 "Notice of cost recovery demand", the written communication from the department
107	107	79informing a responsible party of the amount of the cost recovery demand payable to the fund.
108	108	80 "Petroleum products", a product that is obtained from distilling and processing crude oil
109	109	81and that is capable of being used as a fuel for the propulsion of a motor vehicle, boat or aircraft.
110	110	82The term does not include naphtha-type jet fuel, kerosene-type jet fuel, a petroleum product
111	111	83destined for use in chemical manufacturing or feedstock of that manufacturing or fuel oil used
112	112	84for heating purposes.
113	113	85 "Program", the climate change adaptation cost recovery program.
114	114	86 "Qualifying expenditure", an authorized payment from the fund in support of a climate
115	115	87change adaptation project, including its operation and maintenance, as defined by the
116	116	88department.
117	117	89 "Responsible party", any covered entity or a successor in interest to such covered entity
118	118	90described herein, that (1) is determined by the department to have engaged in the trade or
119	119	91business of extracting fossil fuel during any part of the covered period, in quantities to which
120	120	92more than one billion metric tons of covered greenhouse gas emissions are attributable and (2) is
121	121	93subject to the jurisdiction of the commonwealth for purposes of cost recovery demands because,
122	122	94during any part of the covered period, it (i) did business in Massachusetts, (ii) was registered to
123	123	95do business in Massachusetts, (iii) was appointed an agent of the state, or (iv) otherwise had 6 of 16
124	124	96sufficient contacts with Massachusetts to give Massachusetts jurisdiction over the responsible
125	125	97party consistent with the nexus requirements of the United States Constitution.
126	126	98 “Secretary”, the Secretary of the Executive Office of Energy and Environmental Affairs.
127	127	99 Section 2. The Climate Change Adaptation Cost Recovery Program.
128	128	100 (a) There is hereby established a climate change adaptation cost recovery program
129	129	101administered by the department.
130	130	102 (b) The purposes of the program shall be the following:
131	131	103 (1) To secure compensatory payments from responsible parties, based on a standard of
132	132	104strict liability, to provide a source of revenue for climate change adaptation projects within the
133	133	105state;
134	134	106 (2) To determine proportional liability of responsible parties;
135	135	107 (3) To impose cost recovery demands on responsible parties and issue notices of cost
136	136	108recovery demands;
137	137	109 (4) To accept and collect payment from responsible parties;
138	138	110 (5) To identify climate change adaptation projects;
139	139	111 (6) To allocate funds to climate change adaptation projects; and
140	140	112 (7) To allocate funds in such a way as to achieve a goal that at least forty per cent of the
141	141	113qualified expenditures from the program shall go to climate change adaptation projects that
142	142	114directly benefit environmental justice populations. 7 of 16
143	143	115 (c) Within one year of the effective date of this Act, the department shall finalize a
144	144	116climate cost study, after first providing public notice and opportunity for public comment on a
145	145	117draft of such study.
146	146	118 (1) That climate cost study shall provide a reasonable estimate of the total costs to the
147	147	119commonwealth and its residents of the emission of greenhouse gases. That total cost estimate
148	148	120shall consider the various kinds of cost-driving effects of covered greenhouse gas emissions,
149	149	121including effects on public health, natural resources, biodiversity, agriculture, economic
150	150	122development, flood preparedness and safety, housing, and any other effect that the department
151	151	123determines is relevant to making such a total cost determination.
152	152	124 (2) The climate cost study shall also provide a reasonable estimate of the costs that have
153	153	125been incurred and are expected to be incurred by the commonwealth through December 31, 2045
154	154	126to avoid, moderate, repair, or adapt to negative impacts of climate change, including potential
155	155	127qualifying expenditures under this chapter, as reasonable responses to the emission of
156	156	128greenhouse gases.
157	157	129 (3) The climate cost study shall estimate how much of the above total costs at (c)(1) and
158	158	130(c)(2) are attributable to the emission of greenhouse gases arising from the extraction of fossil
159	159	131fuels during the covered period. That estimation shall include consideration of the relative
160	160	132impact on climate change of covered fossil fuel emissions versus other sources of emissions of
161	161	133greenhouse gases, including non-anthropogenic sources.
162	162	134 (4) The climate cost study shall then multiply by eighty per cent the total cost number
163	163	135determined through (c)(3) above. 8 of 16
164	164	136 (5) The department shall periodically update the climate cost study not less frequently
165	165	137than every two years, through January 1, 2046.
166	166	138 (d) A responsible party shall be strictly liable, without regard to fault, for a share of the
167	167	139total costs determined by the most recent version of the climate cost study.
168	168	140 (1) Within 90 days of the effective date of this Act, the department shall determine and
169	169	141publish a list of responsible parties on its internet website. The agency may update the list from
170	170	142time to time, as appropriate.
171	171	143 (2) Within 60 days of the completion of the initial climate cost study, the agency shall
172	172	144determine and assess a cost recovery demand for each responsible party.
173	173	145 (3) Within 60 days of an update of the climate cost study, the agency shall update and
174	174	146adjust, as necessary, a cost recovery demand made pursuant to subdivision (d)(2). If an update to
175	175	147the climate cost study results in an adjustment of a responsible party’s cost recovery demand, the
176	176	148department shall issue a revised written notice of cost recovery demand notifying the responsible
177	177	149party of the adjusted payment.
178	178	150 (e) The department shall determine the amount of the cost recovery demand for each
179	179	151responsible party by doing all of the following:
180	180	152 (1) Determine the total amount of covered emissions, based on (A) publicly available
181	181	153data on the operations and production of the fossil fuel industry and (B) a scientifically peer-
182	182	154reviewed methodology for determining emissions factors for greenhouse gas inventories.
183	183	155 (2) Determine the total amount of covered emissions attributable to each responsible
184	184	156party, using the same data and methodology used for (e)(1). 9 of 16
185	185	157 (3) Subtract one billion metric tons from each quantity determined through (e)(2) above;
186	186	158that amount shall be known as the responsible party’s adjusted emissions amount.
187	187	159 (4) Calculate the total of all adjusted emissions amounts determined at (e)(3).
188	188	160 (5) Calculate the ratio of each responsible party’s adjusted emissions amount to the total
189	189	161of all adjusted emissions amounts determined at (e)(4), to determine each responsible party’s
190	190	162liability percentage.
191	191	163 (6) Calculate the ratio of the total amount calculated at (e)(4) to the total amount
192	192	164determined at (e)(1).
193	193	165 (7) Multiply that ratio by the dollar number determined at (c)(4), to determine the total
194	194	166recoverable amount.
195	195	167 (8) Multiply the total recoverable amount calculated at (e)(7) by each responsible party’s
196	196	168liability percentage determined at (e)(5), to determine the amount of the cost recovery demand to
197	197	169be issued to each responsible party.
198	198	170 (f) Where a responsible party owns a minority interest in another covered entity of ten per
199	199	171cent or more, the calculation of the responsible party's applicable share of greenhouse gas
200	200	172emissions taken into account under this section shall include the applicable share of greenhouse
201	201	173gas emissions taken into account under this section by the covered entity in which the
202	202	174responsible party holds a minority interest, multiplied by the percentage of the minority interest
203	203	175held. 10 of 16
204	204	176 (g) For purposes of this article, entities in a controlled group are treated as a single entity
205	205	177for purposes of meeting the definition of responsible party and are jointly and severally liable for
206	206	178payment of any cost recovery demand owed by any entity in the controlled group.
207	207	179 (h) The department shall issue a written notice of cost recovery demand notifying each
208	208	180responsible party of its cost recovery demand.
209	209	181 (i) Payment of a cost recovery demand shall be made in full on the applicable payment
210	210	182date unless a responsible party elects to pay in installments pursuant to subsection (j) of this
211	211	183subdivision.
212	212	184 (j) A responsible party may elect to pay the cost recovery demand amount in twenty-four
213	213	185annual installments, ten per cent of the total due in the first installment and the balance to be paid
214	214	186in equal installments over the remaining years. If an election is made under this paragraph, the
215	215	187first installment shall be paid on the applicable payment date and each subsequent installment
216	216	188shall be paid on the same date as the applicable payment date in each succeeding year.
217	217	189 (k) A responsible party aggrieved by a final decision of the department under this act may
218	218	190seek relief consistent with chapter 30A.
219	219	191 (l) If there is any addition to the original amount of the cost recovery demand for failure
220	220	192to timely pay any installment required under this subdivision, a liquidation or sale of
221	221	193substantially all the assets of the responsible party, including in a proceeding under u.s. code:
222	222	194title 11 or similar case, a cessation of business by the responsible party, or any similar
223	223	195circumstance, then the unpaid balance of all remaining installments shall be due on the date of
224	224	196such event, or in the case of a proceeding under u.s. code: title 11 or similar case, on the day
225	225	197before the petition is filed. The preceding sentence shall not apply to the sale of substantially all 11 of 16
226	226	198of the assets of a responsible party to a buyer if such buyer enters into an agreement with the
227	227	199department under which such buyer is liable for the remaining installments due under this
228	228	200subdivision in the same manner as if such buyer were the responsible party.
229	229	201 (m) Within one year of the effective date of this article, the department shall promulgate
230	230	202such regulations as are necessary to carry out this article, including but not limited to procedures
231	231	203for:
232	232	204 (1) Determining responsible parties and their applicable share of covered greenhouse gas
233	233	205emissions consistent with the provisions of this article;
234	234	206 (2) Registering entities that are responsible parties under the program;
235	235	207 (3) Issuing notices of cost recovery demand to responsible parties informing them of the
236	236	208cost recovery demand amount; how and where cost recovery demands can be paid; the potential
237	237	209consequences of nonpayment and late payment; and information regarding their rights to contest
238	238	210an assessment;
239	239	211 (4) Accepting payments from, pursuing collection efforts against, and negotiating
240	240	212settlements with responsible parties; and
241	241	213 (5) Identifying and selecting climate change adaptation projects eligible to receive
242	242	214qualifying expenditures, including legislative budget appropriations, issuance of requests for
243	243	215proposals from localities and not-for-profit and community organizations, grants to private
244	244	216individuals, or other methods as determined by the department, and for allocating moneys from
245	245	217the fund for qualifying expenditures. When considering projects intended to stabilize tidal
246	246	218shorelines, the department shall encourage using nature-based solutions. Total qualifying 12 of 16
247	247	219expenditures shall be allocated in such a way as to ensure at least forty per cent of the qualified
248	248	220expenditures from the program shall go to climate change adaptation projects that benefit
249	249	221environmental justice populations.
250	250	222 (n) Within two years of the effective date of this article, the department shall complete a
251	251	223statewide climate change adaptation master plan for the purpose of guiding the dispersal of funds
252	252	224in a timely, efficient, and equitable manner to all regions of the state in accordance with the
253	253	225provisions of this chapter. In completing such plan, the department shall:
254	254	226 (1) Collaborate with the secretary of state, department of housing and community
255	255	227development, the department of agriculture, the department of energy resources, the department
256	256	228of public utilities, and the Office of Environmental Justice and Equity.
257	257	229 (2) Assess the adaptation needs and vulnerabilities of various areas vital to the state’s
258	258	230economy, normal functioning, and the health and well-being of residents, including but not
259	259	231limited to: agriculture, biodiversity, ecosystem services, education, finance, healthcare,
260	260	232manufacturing, housing and real estate, retail, tourism (including state and municipal parks),
261	261	233transportation, and municipal and local government.
262	262	234 (3) Identify major potential, proposed, and ongoing climate change adaptation projects
263	263	235throughout the state;
264	264	236 (4) Identify opportunities for alignment with existing federal, state, and local funding
265	265	237streams; 13 of 16
266	266	238 (5) Consult with stakeholders, including local governments, businesses, environmental
267	267	239advocates, relevant subject area experts, and representatives of environmental justice
268	268	240communities and of relevant labor organizations;
269	269	241 (6) Provide opportunities for public engagement in all regions of the state.
270	270	242 (o) The department and the attorney general are hereby authorized to enforce the
271	271	243provisions of this article and to assess penalties for late payment of the cost recovery demands or
272	272	244the initial assessment. The late penalty shall accrue daily, assessed at the rate of 10 per cent per
273	273	245annum on the amount remaining due.
274	274	246 (p) Moneys received from cost recovery demands shall be deposited in the climate
275	275	247change adaptation superfund.
276	276	248 (q) Projects funded pursuant to this article shall require compliance with prevailing wage
277	277	249requirements pursuant to chapter 149.
278	278	250 (r) Any state entity or municipality receiving at least twenty-five million dollars
279	279	251($25,000,000) from funds allocated pursuant to this article for a project costing greater than fifty
280	280	252million dollars ($50,000,000) may require use of apprenticeship agreements.
281	281	253 (s) Any state entity or municipality receiving at least twenty-five million dollars
282	282	254($25,000,000) from funds allocated pursuant to this article for a project which involves the
283	283	255construction, reconstruction, alteration, maintenance, moving, demolition, excavation,
284	284	256development or other improvement of any building, structure or land, shall be subject to chapter
285	285	257149.. 14 of 16
286	286	258 (t)(1) Any municipality or state entity, or a third party acting on behalf and for the benefit
287	287	259of the municipality or state entity, in each contract for construction, reconstruction, alteration,
288	288	260repair, improvement or maintenance of a project receiving funds under this article that is a public
289	289	261work, shall ensure that such contract contains a provision that the structural iron and structural
290	290	262steel used or supplied in the performance of the contract or any subcontract thereto and that is
291	291	263permanently incorporated into the public work, shall be produced or made in whole or
292	292	264substantial part in the United States, its territories or possessions. In the case of a structural iron
293	293	265or structural steel product, all manufacturing must take place in the United States, from the initial
294	294	266melting stage through the application of coatings, except metallurgical processes involving the
295	295	267refinement of steel additives. For the purposes of this subdivision, "permanently incorporated"
296	296	268shall mean an iron or steel product that is required to remain in place at the end of the project
297	297	269contract, in a fixed location, affixed to the public work to which it was incorporated. Iron and
298	298	270steel products that are capable of being moved from one location to another are not permanently
299	299	271incorporated into a public work.
300	300	272 (2) The provisions of the first paragraph of this subdivision shall not apply if the head of
301	301	273the department, agency, or municipal entity constructing the public work, in his or her sole
302	302	274discretion, determines that the provisions would not be in the public interest, would result in
303	303	275unreasonable costs, or that obtaining such steel or iron in the United States would increase the
304	304	276cost of the contract by an unreasonable amount, or such iron or steel, including without
305	305	277limitation structural iron and structural steel, cannot be produced or made in the United States in
306	306	278sufficient and reasonably available quantities and of satisfactory quality. 15 of 16
307	307	279 (u)(1) The department shall conduct an independent evaluation of the climate change
308	308	280adaptation cost recovery program. The purpose of this evaluation is to determine the
309	309	281effectiveness of and recommend improvements to the program in achieving its purposes.
310	310	282 (2) Such evaluation shall be provided to the governor, the temporary president of the
311	311	283senate and the speaker of the assembly on or before January first of the second calendar year
312	312	284following the year in which this article is enacted into law, and annually on or before September
313	313	285thirtieth thereafter.
314	314	286 Section 3. Climate Change Adaptation Fund.
315	315	287 (a) There is hereby established within the department a special revolving fund to be
316	316	288known as the "climate change adaptation fund" for the purpose of receiving moneys through cost
317	317	289recovery demands and issuing funds for qualifying expenditures pursuant to the climate change
318	318	290adaptation cost recovery program.
319	319	291 (b) No monies shall be expended from the fund for any project except qualifying
320	320	292expenditures pursuant to the program, including their operation and maintenance, as well as
321	321	293reasonable costs incurred by the department for administering the program, including .
322	322	294 Section 4. Applicability of Chapter
323	323	295 (a) Nothing in this act shall be deemed to preclude the pursuit of a civil action or other
324	324	296remedy by any person. The remedies provided in this act are in addition to those provided by
325	325	297existing statutory or common law.
326	326	298 (b) This act does not preempt, supersede, or displace any state law or local ordinance,
327	327	299regulation, policy, or program that does any of the following: (i) limit, set, or enforce standards 16 of 16
328	328	300for emissions of greenhouse gases; (ii) monitor, report, or keep records of emissions of
329	329	301greenhouse gases; (iii) collect revenue through fees or levy taxes; or (iv) conduct or support
330	330	302investigations.
331	331	303 (c) If any word, phrase, clause, sentence, paragraph, section, or part of this act shall be
332	332	304adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
333	333	305impair, or invalidate the remainder thereof, but shall be confined in its operation to the word,
334	334	306phrase, clause, sentence, paragraph, section, or part thereof directly involved in the controversy
335	335	307in which such judgment shall have been rendered.