Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3501 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 3670 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3501
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Richard M. Haggerty
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 supporting climate progress through sustainably developed offshore wind.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 3670 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3501
18	18	By Representative Haggerty of Woburn, a petition (accompanied by bill, House, No. 3501) of
19	19	Richard M. Haggerty and others relative to offshore wind and for an investigation by a special
20	20	commission (including members of the General Court) relative to the development of the supply
21	21	chain supporting the deployment of offshore wind and the economic benefits.
22	22	Telecommunications, Utilities and Energy.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act supporting climate progress through sustainably developed offshore wind.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 21A of the General Laws, as appearing in the 2022 Official
32	32	2Edition, is hereby amended by inserting after section 4A the following section:
33	33	3 Section 4A½. The secretary of the executive office of energy and environmental affairs
34	34	4shall establish an advisory council on offshore wind wildlife habitat management, hereinafter
35	35	5advisory council. The advisory council shall be comprised of experts and stakeholders in wildlife
36	36	6monitoring and protection, representation from both federally recognized tribes in the
37	37	7commonwealth, and relevant state and federal agencies.
38	38	8 The advisory council shall provide input to the office of coastal zone management on best
39	39	9practices for offshore wind development for avoiding, minimizing and mitigating impacts to
40	40	10wildlife, including, but not limited to, threatened or endangered species such as North Atlantic
41	41	11right whales, avian wildlife, coastal and marine habitats, natural resources and ecosystems, and 2 of 10
42	42	12traditional or existing water-dependent uses, by: (a) establishing baseline standards for
43	43	13monitoring and mitigation plans required by sections 83C of chapter 169 of the acts of 2008; (b)
44	44	14advising on and monitoring the expenditure of funds raised through any long-term contracts
45	45	15dedicated for wildlife monitoring and mitigation; and (c) conducting an ongoing review of
46	46	16implemented monitoring and mitigation programs and provide feedback and recommendations
47	47	17on an as-needed basis, to be considered by the office. Pre-construction engagement of the
48	48	18advisory council shall correspond with project development, solicitation and permitting and a
49	49	19process to determine federal consistency with approved coastal management programs.
50	50	20 SECTION 2. Chapter 21N of the General Laws, as so appearing, is hereby amended by
51	51	21adding the following section:-
52	52	22 Section 13. Support for offshore wind host communities
53	53	23 (a) The secretary, in consultation with the executive office of economic development and
54	54	24the executive office of housing and livable communities, shall establish a program to provide
55	55	25additional support to communities that host large clean energy infrastructure facilities, as defined
56	56	26in section 69G of chapter 164, that support the deployment of offshore wind in accordance with
57	57	27the emissions reduction goals established by chapter 21N. Qualifying communities shall receive
58	58	28priority consideration of applications submitted to programs managed through the Community
59	59	29One Stop for Growth, including, but not limited to, the MassWorks infrastructure program, the
60	60	30Massachusetts Downtown Initiative, the Rural Redevelopment Fund, the Housing Choice grant
61	61	31program, the Community Planning grant program, the HousingWorks infrastructure program, the
62	62	32Underultilized Properties program, the Site Readiness program, the Brownfields redevelopment
63	63	33program, the Collaborative Workspace program, and the Real Estate Services technical 3 of 10
64	64	34assistance program. Qualifying communities shall also be eligible for program benefits
65	65	35established in section 10B of chapter 25A.
66	66	36 (b) The secretary shall adopt rules, regulations and guidelines for the administration of
67	67	37this section, including, but not limited to, establishing criteria for qualifying large clean energy
68	68	38infrastructure and information for communities on program benefits.
69	69	39 SECTION 3. Section 3 of chapter 23J of the General Laws, as so appearing, is hereby
70	70	40amended by striking the words “and (vii)” and inserting in place thereof the following: “(vii)
71	71	41coordinating with state agencies, regional and tribal entities, and experts on wildlife monitoring
72	72	42and mitigation planning associated with offshore wind activities, including, but not limited to,
73	73	43the members of the advisory council established pursuant to section 4A1/2 of chapter 21A; and
74	74	44(viii)”.
75	75	45 SECTION 4. Section 9 of chapter 23J of the General Laws, as most recently amended by
76	76	46section 17 of chapter 179 of the acts of 2022, is hereby amended by striking the words “and
77	77	47(viii)” and inserting in place thereof the words “(viii) the protection of coastal and marine
78	78	48wildlife through monitoring and mitigation of habitat loss from threats posed by of offshore wind
79	79	49development; and (ix)”.
80	80	50 SECTION 5. Section 9 of chapter 23J of the General Laws, as so appearing, is hereby
81	81	51amended by adding the following words:- and coastal and marine wildlife and habitats.
82	82	52 SECTION 6. (a) There shall be a special commission established to study development of
83	83	53the supply chain supporting the deployment of offshore wind and the economic benefits it brings
84	84	54in the Commonwealth and throughout New England. The special commission shall convene not
85	85	55later than January 1, 2026 and shall submit a report with recommendations to the House and 4 of 10
86	86	56Senate not later than June 30, 2026 which shall offer recommendations on bolstering the
87	87	57Massachusetts ecosystem for supply chain and manufacturing. The special commission may hold
88	88	58hearings and invite testimony from experts and the public to solicit input and generate
89	89	59recommendations. The commission shall consist of at least thirteen members, and must include
90	90	60the following: the secretary of economic development or their designee and the secretary of
91	91	61energy and environmental affairs or their designee, who shall serve as co-chairs; the House and
92	92	62Senate chairs of the Telecommunications, Utilities, and Energy Committee or their designee; one
93	93	63additional member of the House appointed by the Speaker of the House; one additional member
94	94	64of the Senate appointed by the Senate President; the president of the Massachusetts AFL-CIO or
95	95	65a designee; the executive director of the American Council of Engineering Companies of
96	96	66Massachusetts or a designee; and five additional members to be appointed by the Governor,
97	97	67including a labor representative with relevant experience in manufacturing; a representative from
98	98	68the offshore wind developers; a representative from the manufacturing industry; a municipal
99	99	69official from a Gateway City; and a representative from a community-based environmental
100	100	70justice organization.
101	101	71 (b) Said commission shall assess and make recommendations on issues including, but not
102	102	72limited to: (i) current manufacturing capabilities within Massachusetts that are potentially
103	103	73suitable to support the offshore wind energy supply chain; (ii) gaps in the current supply chain
104	104	74and workforce for achieving the in-state assembly and manufacturing targets; (iii) the geographic
105	105	75distribution of relevant facilities, and estimating the number, geographic distribution, and types
106	106	76of jobs that will be created; (iv) an analysis of the number and types of jobs required for
107	107	77supporting in-state assembly and manufacturing targets, including, but not limited to,
108	108	78environmental monitoring, research and development, construction, engineering and design, and 5 of 10
109	109	79manufacturing, operations, and maintenance; and (v) incorporating equity, economic inclusion,
110	110	80and environmental justice in economically and environmentally sustainable supply chain
111	111	81development.
112	112	82 SECTION 7. Chapter 25A of the General Laws, as so appearing, is hereby amended by
113	113	83inserting after section 10A the following section:-
114	114	84 Section 10B. Green communities supporting offshore wind
115	115	85 (a) The division shall develop and implement an incentive program for participating
116	116	86communities that host small clean energy infrastructure facilities, as defined in section 21, that
117	117	87support the deployment of offshore wind in accordance with the emissions reduction goals
118	118	88established by chapter 21N. Said incentive program shall include, but not be limited to,
119	119	89additional funding for qualifying communities and priority consideration of applications
120	120	90submitted for all other financial assistance offered by the division.
121	121	91 (b) The division shall adopt rules, regulations and guidelines for the administration of this
122	122	92section, including, but not limited to, establishing criteria for qualifying small clean energy
123	123	93infrastructure and information for communities on program benefits.
124	124	94 SECTION 8. Section 83B of chapter 169 of the acts of 2008, as inserted by section 12 of
125	125	95chapter 188 of the acts of 2016, is hereby amended by inserting the following four definitions:-
126	126	96 “Applicant,” Any natural person or business, whether or not incorporated or
127	127	97unincorporated, who seeks a contract to provide labor or services under this chapter, and
128	128	98employs another to work in the Commonwealth, or contracts with another natural person or
129	129	99business to do to perform labor, services or otherwise assist in the completion of a Project, under 6 of 10
130	130	100a contract, grant, subsidy, or any other arrangement funded in part or in the whole by the
131	131	101Commonwealth, and/or its departments, offices, agencies, subdivisions, and quasi-public
132	132	102agencies, including, but not limited to public authorities, subject to chapter 150A; or public
133	133	103utilities regulated under chapter 164, except when said utilities are employing workers directly to
134	134	104perform construction and maintenance and other operational duties on its utility infrastructure
135	135	105and buildings.
136	136	106 “Covered project,” a project for offshore wind energy generation selected in a
137	137	107competitive solicitation conducted by the department of energy resources.
138	138	108 “Labor peace agreement;” an agreement between an employer and labor organization
139	139	109that, at a minimum, protects the state’s proprietary interests by prohibiting the labor organization
140	140	110and its members from engaging in picketing, work stoppages, boycotts, strikes, and any other
141	141	111economic interference with the employer’s business operations for the duration of the agreement.
142	142	112 SECTION 9. Section 83C of chapter 169 of the acts of 2008, inserted by section 12 of
143	143	113said chapter 188 of the acts of 2016 and as most recently amended by section 61 of chapter 179
144	144	114of the acts of 2022, is hereby amended by striking out the words “5,600 megawatts of aggregate
145	145	115nameplate capacity not later than June 30, 2027, including capacity authorized pursuant to
146	146	116section 21 of chapter 227 of the acts of 2018;” and inserting in place thereof the following:-
147	147	117 11,200 megawatts of aggregate nameplate capacity not later than June 30, 2035,
148	148	118including capacity authorized pursuant to section 21 of chapter 227 of the acts of 2018 and
149	149	119section 61 of chapter 179 of the acts of 2022; provided further, that after June 30, 2035, the
150	150	120department of energy resources shall be able to make additional procurements in excess of 7 of 10
151	151	12111,200 megawatts of aggregate nameplate capacity if it determines said procurements are
152	152	122necessary to meet the goals required under section 21N;
153	153	123 SECTION 10. Said section 83C of chapter 169 of the acts of 2008, as so appearing, is
154	154	124hereby amended by striking out subclause (I) of clause (v) of subsection (e)(1) and inserting in
155	155	125place thereof the following:-
156	156	126 (I) contain comprehensive plans for wildlife monitoring and mitigation of adverse
157	157	127wildlife impacts due to the construction and operation of offshore wind facilities that meet the
158	158	128standards established by the office of coastal zone management based on input from the advisory
159	159	129council on offshore wind wildlife habitat management established in section 4A½ of chapter 21A
160	160	130of the General Laws;
161	161	131 SECTION 11. Said section 83C of chapter 169 of the acts of 2008, as so appearing, is
162	162	132hereby amended by adding the following:-
163	163	133 (f) The department of energy resources shall require as a condition of contracting that all
164	164	134work performed on a covered project be in conformance with sections 26 through 27D, inclusive,
165	165	135of chapter 149 and shall include the certification and disclosure requirements included in these
166	166	136sections;
167	167	137 (g) The department of energy resources shall require that an applicant’s proposals provide
168	168	138complete and accurate responses and disclosures to following certification and disclosure
169	169	139requirements: (i) documentation reflecting the applicant’s demonstrated commitment to
170	170	140workforce development within the Commonwealth; (ii) a statement of intent from said applicant
171	171	141concerning efforts that it and its contractors and sub-contractors will take to promote workforce
172	172	142development on the project if successful; (iii) documentation reflecting the applicant’s 8 of 10
173	173	143demonstrated commitment to economic development within the Commonwealth; (iv) a statement
174	174	144of intent from said applicant concerning efforts that it and its contractors and sub-contractors on
175	175	145this project will take to promote economic development on the project if successful; (v)
176	176	146documentation reflecting the applicant’s demonstrated commitment to expand workforce
177	177	147diversity, equity, and inclusion in its past projects within the Commonwealth; (vi) a statement of
178	178	148intent from said applicant concerning efforts that it and its contractors and sub-contractors on this
179	179	149project, will undertake to expand workforce diversity, equity, and inclusion on the project if
180	180	150successful; (vii) disclosure from said applicant of whether it and each of its contractors and
181	181	151subcontractors on this project, have previously contracted with a labor organization as defined
182	182	152under chapter 150A or the federal National Labor Relations Act in the Commonwealth or
183	183	153elsewhere; (viii) a statement from said applicant specifying whether it and each of its contractors
184	184	154and subcontractors on this project participates in a state or federally certified apprenticeship
185	185	155program and the number of apprentices the apprenticeship program has trained to completion for
186	186	156each of the last 5 years; (ix) a statement of intent from said applicant concerning the extent to
187	187	157which the applicant, its contractors and sub-contractors on this project, intend to utilize
188	188	158apprentices on the project if successful; (x) certification that the applicant and its contractors and
189	189	159sub-contractors on this project, have complied with chapters 149, 151, 151A, 151B, and 152, 29
190	190	160U.S.C. § 201, and federal anti-discrimination laws for the last 3 calendar years and intend to
191	191	161remain in compliance for the duration of the project; (xi) certification that the applicant will
192	192	162make its best effort to apply for all eligible state and federal grants, rebates, tax credits, loan
193	193	163guarantees, or other similar benefits as are available; (xii) certification that the applicant will
194	194	164maximize the use of skilled local labor, particularly with regard to the construction and
195	195	165manufacturing components of the covered project, using methods including outreach, hiring or 9 of 10
196	196	166referral methods that are affiliated with the federal Department of Labor or a federally
197	197	167recognized state apprenticeship agency.
198	198	168 (h) Every request for proposals, solicitation, and advertisement for funding issued by the
199	199	169Commonwealth under this chapter shall notify applicants that they will be disqualified from this
200	200	170project if they have been debarred by the federal government or Commonwealth for the entire
201	201	171term of the debarment.
202	202	172 (i) All applicants shall timely provide the above documentation and certifications as part
203	203	173of their initial application. Failure to provide the same shall disqualify the applicant from
204	204	174receiving funding for the project on which funding has been requested.
205	205	175 (j) A successful applicant’s failure to provide complete, accurate certifications and
206	206	176documentation required under this section shall result in suspension from the project for a period
207	207	177of 30 days, to provide an opportunity for the Applicant to address application deficiencies to the
208	208	178satisfaction of the Commonwealth. Failure to cure deficiencies thereafter shall result in
209	209	179termination.
210	210	180 (k) In the event the Commonwealth or any political subdivision thereof leases, sub-leases,
211	211	181or conveys pubic land to an end user, developer, or operator for the construction, operation,
212	212	182and/or maintenance of a manufacturing, marshalling, or staging facility for projects authorized
213	213	183under this section, those leases and conveyances shall be conditioned upon the lessee or
214	214	184awardee's agreement to enter into fully executed labor peace agreements with any bona fide labor
215	215	185organization that seeks to represent employees working on the project, as permitted by federal
216	216	186law. Any funding, including grants and loans made by the Commonwealth or its subdivisions,
217	217	187including, but not limited to, awards made by Massachusetts Clean Energy Center under chapter 10 of 10
218	218	18823J, to support the construction, operation, and/or maintenance of a supply chain facility within
219	219	189the Commonwealth that will provide goods and services to be used in the construction and
220	220	190maintenance of renewable energy generation, distribution, or transmission facility, shall be
221	221	191conditioned upon the recipient’s agreement to enter into a fully executed labor peace agreement
222	222	192with any bona fide labor organization that seeks to represent the recipient’s employees working
223	223	193on the project as their exclusive bargaining representative, as permitted by federal law.
224	224	194 (l) The Attorney General shall enforce the provisions of subsections (f) through (k),
225	225	195inclusive, and may enact regulations to support implementation.
226	226	196 SECTION 12. The rules, regulations, and guidelines required under sections 2 and 7 shall
227	227	197be promulgated within 180 days of the effective date of this Act.