Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3520 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 4154 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3520
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	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 facilitating distributed energy resources in the commonwealth.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jack Patrick Lewis7th Middlesex1/17/2025Carmine Lawrence Gentile13th Middlesex2/5/2025Lindsay N. Sabadosa1st Hampshire2/5/2025Danillo A. Sena37th Middlesex2/5/2025James C. Arena-DeRosa8th Middlesex3/12/2025Marjorie C. Decker25th Middlesex3/12/2025William C. Galvin6th Norfolk3/12/2025 1 of 11
16	16	HOUSE DOCKET, NO. 4154 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3520
18	18	By Representative Lewis of Framingham, a petition (accompanied by bill, House, No. 3520) of
19	19	Jack Patrick Lewis and others relative to distributed energy resources in the commonwealth.
20	20	Telecommunications, Utilities and Energy.
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 facilitating distributed energy resources in the commonwealth.
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. Section 1 of chapter 40 of the General Laws is hereby amended by inserting
30	30	2after section 1B the following section:-
31	31	3 Section 1C. “Smart Residential Solar Permitting Platform”, software or a combination of
32	32	4software that automates plan review, automatically produces code-compliant approvals, accepts
33	33	5online payments for permitting fees if permitting fees are levied, and instantly issues permits and
34	34	6permit revisions for residential photovoltaic systems upon online submission of permitting fee
35	35	7payments, if permitting fees are levied, and a code-compliant application. The Smart Residential
36	36	8Solar Permitting Platform shall be available for solar photovoltaic systems up to the maximum
37	37	9capacity allowed with a 200-amp main service disconnect that provides electrical power to a one-
38	38	10or two-family dwelling, and that may include an energy storage system, a main panel upgrade, or
39	39	11a main breaker derate. 2 of 11
40	40	12 SECTION 2. Said chapter 40 is hereby amended by inserting after section 69 the
41	41	13following sections:-
42	42	14 Section 70.
43	43	15 (a) Not later than July 1, 2027, the Permit Granting Authority shall allow for electronic
44	44	16submission of the permit application and associated documentation for the installation of a
45	45	17residential solar photovoltaic system, that may include an energy storage system, a main panel
46	46	18upgrade, and/or a main breaker derate. All required permitting documentation and forms shall be
47	47	19published on the Permit Granting Authority’s publicly accessible internet website. The Permit
48	48	20Granting Authority shall authorize an electronic signature for the permit application and other
49	49	21documentation in lieu of a wet signature by an applicant. Electronic submission, including online
50	50	22payment of associated permitting fees, shall be offered through either an online portal available
51	51	23on the website of the Permit Granting Authority or via electronic mail to a dedicated account that
52	52	24shall be capable of receiving permit applications.
53	53	25 (b) Upon submission of required permit application documents, the application shall be
54	54	26deemed complete if, after five business days have elapsed, the Permit Granting Authority has not
55	55	27issued a written correction notice detailing all deficiencies in the application and identifying
56	56	28additional information explicitly necessary for the Permit Granting Authority to complete a
57	57	29review.
58	58	30 (c) An application shall be deemed approved and the applicant may begin installation if
59	59	31ten business days after the application was deemed complete has elapsed and the following are
60	60	32true:
61	61	33 (1) the Permit Granting Authority has not administratively approved the application. 3 of 11
62	62	34 (2) the Permit Granting Authority has not denied the permit.
63	63	35 (e) A Permit Granting Authority may use a Smart Residential Solar Permitting Platform
64	64	36to satisfy the requirements of this section. An applicant may begin installation after the issuance
65	65	37of a permit from the platform.
66	66	38 Section 71.
67	67	39 (a) Not later than July 1, 2027, the Permit Granting Authority for a municipality with a
68	68	40population greater than 5,000 people, that is not exempt pursuant to paragraph (f), shall
69	69	41implement a Smart Residential Solar Permitting Platform. The Permit Granting Authority shall
70	70	42anticipate that the Smart Residential Solar Permitting Platform will have the capability to process
71	71	43at least 75 percent of residential solar applications on existing construction submitted to
72	72	44municipalities in the Commonwealth of Massachusetts.
73	73	45 (b) Municipalities that adopt a Smart Residential Solar Permitting Platform pursuant to
74	74	46subsection (a) shall, for a solar photovoltaic system approved by such a platform, not require
75	75	47manual review at any time during the permitting and inspection processes, including but not
76	76	48limited to, before issuing a permit or before conducting or finalizing the inspection.
77	77	49 (c) Subsection (b) does not preclude an inspector from examining construction
78	78	50documents.
79	79	51 (d) (1) Municipalities shall submit compliance reports to the Massachusetts Department
80	80	52of Energy Resources when the municipality is in compliance with subsection (a). The reports
81	81	53shall be submitted within 60 days of the municipality becoming compliant with subsection (a).
82	82	54The Massachusetts Department of Energy Resources may set guidelines for these reports. 4 of 11
83	83	55 (2) If the municipality has a resolution or ordinance in effect pursuant to subsection (f),
84	84	56the report shall include the resolution or ordinance.
85	85	57 (3) If the municipality does not have a resolution or ordinance in effect pursuant to
86	86	58subsection (f), the report shall include:
87	87	59 (i) Date of compliance;
88	88	60 (ii) Software used for compliance;
89	89	61 (iii) Confirmation that the municipality is:
90	90	62 (A) using a Smart Residential Solar Permitting Platform to issue permits instantly and
91	91	63issue permit revisions instantly for residential solar photovoltaic systems; and
92	92	64 (B) not requiring manual review at any time during the permitting and inspection
93	93	65processes, including but not limited to, before issuing a permit or before conducting or finalizing
94	94	66the inspection for solar photovoltaic systems approved by the Smart Residential Solar Permitting
95	95	67Platform.
96	96	68 (iv) Explanation for why the municipality anticipates the Smart Residential Solar
97	97	69Permitting Platform has the capability to process at least 75 percent of the residential solar
98	98	70photovoltaic permit applications on existing construction submitted to municipalities in the
99	99	71commonwealth.
100	100	72 (A)Municipalities may provide explanations that are based on, but are not necessarily
101	101	73limited to, statements from the provider of the Smart Residential Solar Permitting Platform. 5 of 11
102	102	74 (4) The Massachusetts Department of Energy Resources may determine if the
103	103	75municipality’s report of compliance is accurate, may make the findings publicly available, and
104	104	76may take action at the Massachusetts Department of Energy Resources’ discretion to encourage
105	105	77and enforce compliance with subsection (a).
106	106	78 (e) (1) Municipalities shall submit annual reports to the Massachusetts Department of
107	107	79Energy Resources on the usage of the Smart Residential Solar Permitting Platform.
108	108	80Municipalities shall annually report to the Massachusetts Department of Energy Resources by
109	109	81April 1st each year, covering the previous calendar year, starting on April 1, 2028. This annual
110	110	82reporting requirement shall become inoperative on April 2, 2037. The Massachusetts Department
111	111	83of Energy Resources may set guidelines for these reports.
112	112	84 (2) If the municipality has a resolution or ordinance in effect pursuant to subparagraph
113	113	85(f), the report shall include the resolution or ordinance.
114	114	86 (3) If the municipality does not have a resolution or ordinance in effect pursuant to
115	115	87subparagraph (f), the report shall include:
116	116	88 (i) Number of permits issued through the Smart Residential Solar Permitting Platform
117	117	89and relevant characteristics of those systems;
118	118	90 (ii) Number of residential photovoltaic solar permits issued by means other than the
119	119	91Smart Residential Solar Permitting Platform and relevant characteristics of those systems;
120	120	92 (iii) Software used for compliance;
121	121	93 (iv) Confirmation that the municipality is: 6 of 11
122	122	94 (A) using a Smart Residential Solar Permitting Platform to issue permits instantly and
123	123	95issue permit revisions instantly for residential solar photovoltaic systems; and
124	124	96 (B) not requiring manual review at any time during the permitting and inspection
125	125	97processes, including but not limited to, before issuing a permit or before conducting or finalizing
126	126	98the inspection for permits and permit revisions issued by the Smart Residential Solar Permitting
127	127	99Platform.
128	128	100 (v) Plan to increase usage of the Smart Residential Solar Permitting Platform if fewer
129	129	101than 75 percent of residential solar photovoltaic permits are issued through the Smart Residential
130	130	102Solar Permitting Platform on existing construction.
131	131	103 (4) The Massachusetts Department of Energy Resources may determine if the
132	132	104municipality’s report of compliance is accurate, may make the findings publicly available, and
133	133	105may take action at the Massachusetts Department of Energy Resources’ discretion to encourage
134	134	106and enforce compliance with subsection (a).
135	135	107 (f) (1) The Permit Granting Authority for a municipality with a population greater than
136	136	1085,000 people is exempt from paragraph (a) if the aforementioned municipality makes a written
137	137	109finding and adopts a resolution or ordinance. The resolution or ordinance shall stay in effect for
138	138	110no more than one year. Within the last three months of the effective end date for the resolution or
139	139	111ordinance, the municipality may adopt an additional resolution or ordinance to extend the
140	140	112exemption from paragraph (a) for an additional year. The municipality may continue to adopt
141	141	113resolutions or ordinances extending the exemption for an additional year so long as each
142	142	114resolution or ordinance is adopted within the last three months of the effective end date of the
143	143	115resolution or ordinance. 7 of 11
144	144	116 (2) Each resolution or ordinance adopted pursuant to this subdivision shall include both
145	145	117of the following:
146	146	118 (i) A determination that the Permit Granting Authority is unable to adopt a Smart
147	147	119Residential Solar Permitting Platform due to unique technical, climactic, geological,
148	148	120seismological, or topographical conditions, including a description of those unique conditions.
149	149	121 (ii) A plan for the Permit Granting Authority to approve all residential photovoltaic
150	150	122permit applications or issue a written correction notice within five business days. The plan shall
151	151	123include the time it has taken for the Permit Granting Authority to approve residential
152	152	124photovoltaic permit applications or issue written correction notices in the past year, and, if the
153	153	125Permit Granting Authority has previously taken more than five business days to approve a
154	154	126residential solar photovolatic permit application or issue a written correction notice in the past
155	155	127year, an explanation of how the plan would address the delays.
156	156	128 (g) A municipality shall self-certify its compliance with this section when applying for
157	157	129funding from the Massachusetts Department of Energy Resources after the applicable date in
158	158	130subdivision (a). Municipalities that fail to comply with this section may be ineligible for funding
159	159	131opportunities offered by the Massachusetts Department of Energy Resources. The Massachusetts
160	160	132Department of Energy Resources may, at its sole discretion, condition or deny a municipality or
161	161	133county direct funding from any of its programs if the municipality is not in compliance with this
162	162	134section.
163	163	135 Section 71.
164	164	136 (a) On or before July 1, 2027, municipalities with a population of more than 5,000
165	165	137residents shall provide an option for remote inspections via recorded video or photo that can be 8 of 11
166	166	138submitted electronically for projects permitted by the Smart Residential Solar Permitting
167	167	139Platform. These inspections shall be offered at no greater cost, and shall be available with no
168	168	140greater delay, than in-person inspections.
169	169	141 (b) Municipalities shall require no more than one inspection for projects permitted by the
170	170	142Smart Residential Solar Permitting Platform unless the first inspection was failed.
171	171	143 (c) An electric distribution company shall not require inspections additional to the
172	172	144inspection performed by the Permit Granting Authority by the electric distribution company or
173	173	145any other entity as a precondition to granting the customer permission to operate.
174	174	146 SECTION 3. Section 6 of chapter 62 of the General Laws, as appearing in the 2022
175	175	147Official Edition, is hereby amended by by striking out subsection (d) and inserting in place
176	176	148thereof the following subsection:-
177	177	149 (d) any owner or tenant of residential property located in the commonwealth who is not a
178	178	150dependent of another taxpayer and who occupies said property as his principal residence, shall be
179	179	151allowed a credit equal to 15 per cent of the net expenditure for a renewable energy source
180	180	152property or seven thousand five hundred dollars, whichever is lesser; provided, however, that in
181	181	153the case of a newly constructed residence the credit shall be available to the original
182	182	154owner/occupant. Any taxpayer entitled to this credit for any taxable year, the amount of which
183	183	155exceeds his total tax due for the then current taxable year, may carry over the excess amount, as
184	184	156reduced from year to year, and apply it to his tax liability for any one or more of the next
185	185	157succeeding three taxable years; provided, however, that in no taxable year may the amount of the
186	186	158credit allowed exceed the total tax due of the taxpayer for the relevant taxable year. For taxable
187	187	159years beginning on or after January first, two thousand twenty-seven, if the amount of the credit 9 of 11
188	188	160allowable under this subsection shall exceed the taxpayer's tax liability for such year, and the
189	189	161taxpayer meets the definition of low to moderate income, as defined in section 38d of chapter
190	190	162121b in the general laws, or resides in an environmental justice population, as defined in section
191	191	16362 of chapter 30 of the general laws, the excess shall be treated as an overpayment of tax to be
192	192	164credited or refunded, provided, however, that no interest shall be paid thereon. Joint owners of a
193	193	165residential property shall share any credit available to the property under this subsection in the
194	194	166same proportion as their ownership interest.
195	195	167 SECTION 4. Section 6 of chapter 25A of the General Laws, as so appearing, is hereby
196	196	168amended inserting after subsection (14) the following subsection:-
197	197	169 (15) develop and promulgate, in consultation with the state board of building regulation
198	198	170and standards, the department of transportation, and local zoning and planning boards, a
199	199	171requirement that parking lots 16,000 square feet or larger which are constructed or significantly
200	200	172renovated on or after January 1, 2028 must install a solar canopy. The department may establish
201	201	173exemption criteria from the requirements of this section. Such criteria may include insufficient
202	202	174solar energy generating potential and the installation of a solar energy system elsewhere on the
203	203	175property. The department may allow exemptions from the requirements of this section for
204	204	176affordable housing developments, after consulting with affordable housing developers and
205	205	177operators, community development corporations, organizations that represent affordable housing
206	206	178residents, and other stakeholders.
207	207	179 SECTION 5. Chapter 164 of the General Laws is hereby amended by inserting after
208	208	180section 1K the following section:-
209	209	181 Section 1L. 10 of 11
210	210	182 (1) For the purposes of climate resiliency and mitigation, reliability, and encouragement
211	211	183of installation of distributed electricity generation and storage capacity, no right to exclusive
212	212	184service or franchise established within Section 1B or elsewhere in this chapter shall prevent a
213	213	185municipality, or agencies of the commonwealth or private electric customers in coordination
214	214	186with a municipality, within an electric or gas company’s service territory, from:
215	215	187 (i) establishing an energy microgrid or district energy system;
216	216	188 (ii) sharing electric generation or storage resources among facilities that are contiguous
217	217	189and owned by the same utility customer, irrespective of the number of electric meters installed at
218	218	190such facilities; or
219	219	191 (iii) using public rights of way to conduct electrical conduit or other energy resources
220	220	192point to point where the municipality deems there is benefit from sharing energy resources.
221	221	193 SECTION 6. Chapter 164 of the General Laws is hereby amended by inserting after
222	222	194section 142, as so appearing, the following new section:-
223	223	195 Section 142A.
224	224	196 (1) The Department shall direct each electric distribution company to update their
225	225	197interconnection tariff to require a process to determine whether a project application being
226	226	198considered for interconnection within a Group Study has sufficient available hosting capacity
227	227	199when considered as an individual project, and to grant Interconnection Service Agreements to
228	228	200those projects with sufficient hosting capacity.
229	229	201 (2) An inverter-based generating facility with a generating capacity of 25 kW or less shall
230	230	202be allowed to apply for interconnection under the simplified interconnection process established 11 of 11
231	231	203by the Department. The Department shall direct the distribution companies to file updated tariffs
232	232	204no later than 180 days after this act is enacted. The distribution companies shall impose no study
233	233	205or transformer fees for behind-the-meter simplified interconnection applications of less than 25
234	234	206kilowatts.
235	235	207 (3) The Department shall develop, in consultation with the electric distribution
236	236	208companies, a common application for interconnection to the distribution grid, regardless of
237	237	209compensation type or program.
238	238	210 SECTION 7. Section 6 of chapter 64H of the General Laws, as appearing in the 2022
239	239	211Official Edition, is hereby amended by striking out subsection (dd) and inserting in place thereof
240	240	212the following subsection:-
241	241	213 (dd) Sales of equipment directly relating to any solar, energy storage, windpowered; or
242	242	214heat pump system, which is being utilized as a primary or auxiliary power system for the purpose
243	243	215of heating or otherwise supplying energy needs in the commonwealth.
244	244	216 SECTION 8. Section 139 of chapter 164 of the General Laws, as so appearing, is hereby
245	245	217amended by striking out, in lines 137 and 138, the words, “that are not net metering facilities of a
246	246	218municipality or other governmental entity.”
247	247	219 SECTION 9. Said section 139 of said chapter 164, as so appearing, is hereby further
248	248	220amended by striking out, in lines 145 and 146, the words, “in the second sentence by striking the
249	249	221words “that are not net metering facilities of a municipality or other governmental entity.”