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HOUSE DOCKET, NO. 3670 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3501
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Richard M. Haggerty
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act supporting climate progress through sustainably developed offshore wind.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Richard M. Haggerty30th Middlesex1/17/2025Christopher Richard Flanagan1st Barnstable3/6/2025Samantha Montaño15th Suffolk2/3/2025Marjorie C. Decker25th Middlesex2/18/2025Lindsay N. Sabadosa1st Hampshire3/6/2025Manny Cruz7th Essex3/6/2025David Paul Linsky5th Middlesex3/6/2025Paul McMurtry11th Norfolk3/6/2025Natalie M. Higgins4th Worcester3/6/2025Adrianne Pusateri Ramos14th Essex3/10/2025Kevin G. Honan17th Suffolk3/10/2025 1 of 10
HOUSE DOCKET, NO. 3670 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3501
By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 3501) of
Richard M. Haggerty and others relative to offshore wind and for an investigation by a special
commission (including members of the General Court) relative to the development of the supply
chain supporting the deployment of offshore wind and the economic benefits.
Telecommunications, Utilities and Energy.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act supporting climate progress through sustainably developed offshore wind.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 4A the following section:
3 Section 4A½. The secretary of the executive office of energy and environmental affairs
4shall establish an advisory council on offshore wind wildlife habitat management, hereinafter
5advisory council. The advisory council shall be comprised of experts and stakeholders in wildlife
6monitoring and protection, representation from both federally recognized tribes in the
7commonwealth, and relevant state and federal agencies.
8 The advisory council shall provide input to the office of coastal zone management on best
9practices for offshore wind development for avoiding, minimizing and mitigating impacts to
10wildlife, including, but not limited to, threatened or endangered species such as North Atlantic
11right whales, avian wildlife, coastal and marine habitats, natural resources and ecosystems, and 2 of 10
12traditional or existing water-dependent uses, by: (a) establishing baseline standards for
13monitoring and mitigation plans required by sections 83C of chapter 169 of the acts of 2008; (b)
14advising on and monitoring the expenditure of funds raised through any long-term contracts
15dedicated for wildlife monitoring and mitigation; and (c) conducting an ongoing review of
16implemented monitoring and mitigation programs and provide feedback and recommendations
17on an as-needed basis, to be considered by the office. Pre-construction engagement of the
18advisory council shall correspond with project development, solicitation and permitting and a
19process to determine federal consistency with approved coastal management programs.
20 SECTION 2. Chapter 21N of the General Laws, as so appearing, is hereby amended by
21adding the following section:-
22 Section 13. Support for offshore wind host communities
23 (a) The secretary, in consultation with the executive office of economic development and
24the executive office of housing and livable communities, shall establish a program to provide
25additional support to communities that host large clean energy infrastructure facilities, as defined
26in section 69G of chapter 164, that support the deployment of offshore wind in accordance with
27the emissions reduction goals established by chapter 21N. Qualifying communities shall receive
28priority consideration of applications submitted to programs managed through the Community
29One Stop for Growth, including, but not limited to, the MassWorks infrastructure program, the
30Massachusetts Downtown Initiative, the Rural Redevelopment Fund, the Housing Choice grant
31program, the Community Planning grant program, the HousingWorks infrastructure program, the
32Underultilized Properties program, the Site Readiness program, the Brownfields redevelopment
33program, the Collaborative Workspace program, and the Real Estate Services technical 3 of 10
34assistance program. Qualifying communities shall also be eligible for program benefits
35established in section 10B of chapter 25A.
36 (b) The secretary shall adopt rules, regulations and guidelines for the administration of
37this section, including, but not limited to, establishing criteria for qualifying large clean energy
38infrastructure and information for communities on program benefits.
39 SECTION 3. Section 3 of chapter 23J of the General Laws, as so appearing, is hereby
40amended by striking the words “and (vii)” and inserting in place thereof the following: “(vii)
41coordinating with state agencies, regional and tribal entities, and experts on wildlife monitoring
42and mitigation planning associated with offshore wind activities, including, but not limited to,
43the members of the advisory council established pursuant to section 4A1/2 of chapter 21A; and
44(viii)”.
45 SECTION 4. Section 9 of chapter 23J of the General Laws, as most recently amended by
46section 17 of chapter 179 of the acts of 2022, is hereby amended by striking the words “and
47(viii)” and inserting in place thereof the words “(viii) the protection of coastal and marine
48wildlife through monitoring and mitigation of habitat loss from threats posed by of offshore wind
49development; and (ix)”.
50 SECTION 5. Section 9 of chapter 23J of the General Laws, as so appearing, is hereby
51amended by adding the following words:- and coastal and marine wildlife and habitats.
52 SECTION 6. (a) There shall be a special commission established to study development of
53the supply chain supporting the deployment of offshore wind and the economic benefits it brings
54in the Commonwealth and throughout New England. The special commission shall convene not
55later than January 1, 2026 and shall submit a report with recommendations to the House and 4 of 10
56Senate not later than June 30, 2026 which shall offer recommendations on bolstering the
57Massachusetts ecosystem for supply chain and manufacturing. The special commission may hold
58hearings and invite testimony from experts and the public to solicit input and generate
59recommendations. The commission shall consist of at least thirteen members, and must include
60the following: the secretary of economic development or their designee and the secretary of
61energy and environmental affairs or their designee, who shall serve as co-chairs; the House and
62Senate chairs of the Telecommunications, Utilities, and Energy Committee or their designee; one
63additional member of the House appointed by the Speaker of the House; one additional member
64of the Senate appointed by the Senate President; the president of the Massachusetts AFL-CIO or
65a designee; the executive director of the American Council of Engineering Companies of
66Massachusetts or a designee; and five additional members to be appointed by the Governor,
67including a labor representative with relevant experience in manufacturing; a representative from
68the offshore wind developers; a representative from the manufacturing industry; a municipal
69official from a Gateway City; and a representative from a community-based environmental
70justice organization.
71 (b) Said commission shall assess and make recommendations on issues including, but not
72limited to: (i) current manufacturing capabilities within Massachusetts that are potentially
73suitable to support the offshore wind energy supply chain; (ii) gaps in the current supply chain
74and workforce for achieving the in-state assembly and manufacturing targets; (iii) the geographic
75distribution of relevant facilities, and estimating the number, geographic distribution, and types
76of jobs that will be created; (iv) an analysis of the number and types of jobs required for
77supporting in-state assembly and manufacturing targets, including, but not limited to,
78environmental monitoring, research and development, construction, engineering and design, and 5 of 10
79manufacturing, operations, and maintenance; and (v) incorporating equity, economic inclusion,
80and environmental justice in economically and environmentally sustainable supply chain
81development.
82 SECTION 7. Chapter 25A of the General Laws, as so appearing, is hereby amended by
83inserting after section 10A the following section:-
84 Section 10B. Green communities supporting offshore wind
85 (a) The division shall develop and implement an incentive program for participating
86communities that host small clean energy infrastructure facilities, as defined in section 21, that
87support the deployment of offshore wind in accordance with the emissions reduction goals
88established by chapter 21N. Said incentive program shall include, but not be limited to,
89additional funding for qualifying communities and priority consideration of applications
90submitted for all other financial assistance offered by the division.
91 (b) The division shall adopt rules, regulations and guidelines for the administration of this
92section, including, but not limited to, establishing criteria for qualifying small clean energy
93infrastructure and information for communities on program benefits.
94 SECTION 8. Section 83B of chapter 169 of the acts of 2008, as inserted by section 12 of
95chapter 188 of the acts of 2016, is hereby amended by inserting the following four definitions:-
96 “Applicant,” Any natural person or business, whether or not incorporated or
97unincorporated, who seeks a contract to provide labor or services under this chapter, and
98employs another to work in the Commonwealth, or contracts with another natural person or
99business to do to perform labor, services or otherwise assist in the completion of a Project, under 6 of 10
100a contract, grant, subsidy, or any other arrangement funded in part or in the whole by the
101Commonwealth, and/or its departments, offices, agencies, subdivisions, and quasi-public
102agencies, including, but not limited to public authorities, subject to chapter 150A; or public
103utilities regulated under chapter 164, except when said utilities are employing workers directly to
104perform construction and maintenance and other operational duties on its utility infrastructure
105and buildings.
106 “Covered project,” a project for offshore wind energy generation selected in a
107competitive solicitation conducted by the department of energy resources.
108 “Labor peace agreement;” an agreement between an employer and labor organization
109that, at a minimum, protects the state’s proprietary interests by prohibiting the labor organization
110and its members from engaging in picketing, work stoppages, boycotts, strikes, and any other
111economic interference with the employer’s business operations for the duration of the agreement.
112 SECTION 9. Section 83C of chapter 169 of the acts of 2008, inserted by section 12 of
113said chapter 188 of the acts of 2016 and as most recently amended by section 61 of chapter 179
114of the acts of 2022, is hereby amended by striking out the words “5,600 megawatts of aggregate
115nameplate capacity not later than June 30, 2027, including capacity authorized pursuant to
116section 21 of chapter 227 of the acts of 2018;” and inserting in place thereof the following:-
117 11,200 megawatts of aggregate nameplate capacity not later than June 30, 2035,
118including capacity authorized pursuant to section 21 of chapter 227 of the acts of 2018 and
119section 61 of chapter 179 of the acts of 2022; provided further, that after June 30, 2035, the
120department of energy resources shall be able to make additional procurements in excess of 7 of 10
12111,200 megawatts of aggregate nameplate capacity if it determines said procurements are
122necessary to meet the goals required under section 21N;
123 SECTION 10. Said section 83C of chapter 169 of the acts of 2008, as so appearing, is
124hereby amended by striking out subclause (I) of clause (v) of subsection (e)(1) and inserting in
125place thereof the following:-
126 (I) contain comprehensive plans for wildlife monitoring and mitigation of adverse
127wildlife impacts due to the construction and operation of offshore wind facilities that meet the
128standards established by the office of coastal zone management based on input from the advisory
129council on offshore wind wildlife habitat management established in section 4A½ of chapter 21A
130of the General Laws;
131 SECTION 11. Said section 83C of chapter 169 of the acts of 2008, as so appearing, is
132hereby amended by adding the following:-
133 (f) The department of energy resources shall require as a condition of contracting that all
134work performed on a covered project be in conformance with sections 26 through 27D, inclusive,
135of chapter 149 and shall include the certification and disclosure requirements included in these
136sections;
137 (g) The department of energy resources shall require that an applicant’s proposals provide
138complete and accurate responses and disclosures to following certification and disclosure
139requirements: (i) documentation reflecting the applicant’s demonstrated commitment to
140workforce development within the Commonwealth; (ii) a statement of intent from said applicant
141concerning efforts that it and its contractors and sub-contractors will take to promote workforce
142development on the project if successful; (iii) documentation reflecting the applicant’s 8 of 10
143demonstrated commitment to economic development within the Commonwealth; (iv) a statement
144of intent from said applicant concerning efforts that it and its contractors and sub-contractors on
145this project will take to promote economic development on the project if successful; (v)
146documentation reflecting the applicant’s demonstrated commitment to expand workforce
147diversity, equity, and inclusion in its past projects within the Commonwealth; (vi) a statement of
148intent from said applicant concerning efforts that it and its contractors and sub-contractors on this
149project, will undertake to expand workforce diversity, equity, and inclusion on the project if
150successful; (vii) disclosure from said applicant of whether it and each of its contractors and
151subcontractors on this project, have previously contracted with a labor organization as defined
152under chapter 150A or the federal National Labor Relations Act in the Commonwealth or
153elsewhere; (viii) a statement from said applicant specifying whether it and each of its contractors
154and subcontractors on this project participates in a state or federally certified apprenticeship
155program and the number of apprentices the apprenticeship program has trained to completion for
156each of the last 5 years; (ix) a statement of intent from said applicant concerning the extent to
157which the applicant, its contractors and sub-contractors on this project, intend to utilize
158apprentices on the project if successful; (x) certification that the applicant and its contractors and
159sub-contractors on this project, have complied with chapters 149, 151, 151A, 151B, and 152, 29
160U.S.C. § 201, and federal anti-discrimination laws for the last 3 calendar years and intend to
161remain in compliance for the duration of the project; (xi) certification that the applicant will
162make its best effort to apply for all eligible state and federal grants, rebates, tax credits, loan
163guarantees, or other similar benefits as are available; (xii) certification that the applicant will
164maximize the use of skilled local labor, particularly with regard to the construction and
165manufacturing components of the covered project, using methods including outreach, hiring or 9 of 10
166referral methods that are affiliated with the federal Department of Labor or a federally
167recognized state apprenticeship agency.
168 (h) Every request for proposals, solicitation, and advertisement for funding issued by the
169Commonwealth under this chapter shall notify applicants that they will be disqualified from this
170project if they have been debarred by the federal government or Commonwealth for the entire
171term of the debarment.
172 (i) All applicants shall timely provide the above documentation and certifications as part
173of their initial application. Failure to provide the same shall disqualify the applicant from
174receiving funding for the project on which funding has been requested.
175 (j) A successful applicant’s failure to provide complete, accurate certifications and
176documentation required under this section shall result in suspension from the project for a period
177of 30 days, to provide an opportunity for the Applicant to address application deficiencies to the
178satisfaction of the Commonwealth. Failure to cure deficiencies thereafter shall result in
179termination.
180 (k) In the event the Commonwealth or any political subdivision thereof leases, sub-leases,
181or conveys pubic land to an end user, developer, or operator for the construction, operation,
182and/or maintenance of a manufacturing, marshalling, or staging facility for projects authorized
183under this section, those leases and conveyances shall be conditioned upon the lessee or
184awardee's agreement to enter into fully executed labor peace agreements with any bona fide labor
185organization that seeks to represent employees working on the project, as permitted by federal
186law. Any funding, including grants and loans made by the Commonwealth or its subdivisions,
187including, but not limited to, awards made by Massachusetts Clean Energy Center under chapter 10 of 10
18823J, to support the construction, operation, and/or maintenance of a supply chain facility within
189the Commonwealth that will provide goods and services to be used in the construction and
190maintenance of renewable energy generation, distribution, or transmission facility, shall be
191conditioned upon the recipient’s agreement to enter into a fully executed labor peace agreement
192with any bona fide labor organization that seeks to represent the recipient’s employees working
193on the project as their exclusive bargaining representative, as permitted by federal law.
194 (l) The Attorney General shall enforce the provisions of subsections (f) through (k),
195inclusive, and may enact regulations to support implementation.
196 SECTION 12. The rules, regulations, and guidelines required under sections 2 and 7 shall
197be promulgated within 180 days of the effective date of this Act.