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HOUSE DOCKET, NO. 4012 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3543
The Commonwealth of Massachusetts
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PRESENTED BY:
Steven Owens
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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 relative to the protection and development of the thermal commons of the
Commonwealth.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/17/2025 1 of 4
HOUSE DOCKET, NO. 4012 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 3543
By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 3543) of
Steven Owens relative to thermal commons of the Commonwealth. Telecommunications,
Utilities and Energy.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to the protection and development of the thermal commons of the
Commonwealth.
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 25 of the General Laws, as so appearing, is hereby amended by
2adding after Section 23 the following section:-
3 Section 24, (a) As used in this section, the following words shall have the following
4meanings unless the context clearly requires otherwise:-
5 “Ambient geothermal energy”, geothermal energy of less than 80 degrees Fahrenheit
6found at depths of 2,000 feet or less in the earth.
7 “Anthropogenic geothermal energy”, geothermal energy of less than 80 degrees
8Fahrenheit found at depths of 2000 feet or less and originating from human-caused climate
9change.
10 ''Geothermal energy'', thermal energy that is sourced from (i) the ground, including
11bedrock and the earth beneath the bedrock, (ii) the surface water, including the rivers, ponds, 2 of 4
12lakes within the commonwealth and the sea adjacent to the commonwealth, and (iii) the water
13beneath the surface of the earth within the commonwealth, including groundwater, springs, and
14aquifers. Such geothermal energy shall include the electricity derived therefrom.
15 “Hot geothermal energy”, geothermal energy of more than 80 degrees Fahrenheit found
16at depths of 10,000 feet or more in the earth .
17 “Waste Thermal Energy”, activities by humans that produce thermal energy as a
18byproduct and include thermal energy from sources including, but not limited to, wastewater,
19industrial sources, landfills, and data centers.
20 (b) It is hereby declared that ambient geothermal energy and anthropogenic geothermal
21energy within the commonwealth as defined herein are a thermal commons held for the benefit
22of the citizens of the commonwealth in public trust, except where found on property wholly
23owned by private property owners or where produced wholly on private land, including but not
24limited to waste thermal energy.
25 (c) To ensure that the commonwealth achieves its mandate to reduce greenhouse gas
26emissions to net zero by the year 2050, the secretary of the executive office of energy and
27environmental affairs shall establish a commission/working group to investigate and make
28recommendations to the legislature for a comprehensive, equitable and efficient framework to
29manage the opportunities presented to the commonwealth by the thermal energy transition from
30combusting to non-combusting sources of thermal energy. Such commission shall be called the
31Commission/Working Group for the Protection and Development of the Commonwealth’s
32Thermal Energy Commons. 3 of 4
33 (d) The commission/working group shall consist of 20 members, including 1 person
34representing each of the following: MAPC & other regional councils, energy efficiency experts,
35thermal energy experts, utility experts, organized labor, EJ organization, AGO, DEP, DOER,
36MassCEC, Executive office of economic development, and Massachusetts Bar Association with
37expertise in land use. Interested parties shall apply to the secretary for designation as members.
38The commissioner of the department of public utilities shall serve as chair of the
39commission/working group.
40 (e) The commission/working group shall review available research and data and shall
41define the scope of the thermal energy derived from the commons of the commonwealth. It shall
42further solicit and consider relevant comments from stakeholders and shall develop
43recommendations for legislative and regulatory changes to facilitate the protection and
44development for the benefit of the citizens of the commonwealth the thermal commons, with due
45consideration given to land use impacts and categorizations, water quality, soil health, and
46restoration of and maintenance of the thermal stability of the commonwealth.The
47commission/working group shall work with the executive office of energy and environmental
48affairs to gather information and data to quantify how protection and development of the thermal
49energy commons of the commonwealth may contribute to meeting the greenhouse gas emission
50reductions requirements of chapter 21N. The recommendations of the commission/working
51group shall include, but not be limited to, the following areas of proposed legislation or
52regulation: (i) the extent of the thermal commons including but not limited to setbacks from the
53boundaries of any private or public property, differences in usage requirements between
54anthropogenic and non-anthropogenic ambient geothermal energy, (ii) any obligation to provide
55essential energy service in return for a grant of access to the thermal commons, and the resulting 4 of 4
56prioritization and regulatory framework of such thermal service; (iii) establish a reciprocal
57obligation to serve the public in return for a grant of access to the thermal commons; (iv) to
58establish regulatory priorities for such service to the public based on the provision of essential
59energy services, safety, security, reliability, equity, emissions and affordability; (v) the scope of
60permission for the drawdown of anthropogenic ambient geothermal energy, which shall not be
61lower in annual average temperatures than experienced by the commonwealth in the year 1900;
62(vi) the extent to which drawdown of anthropogenic geothermal energy shall be considered
63restoration of the thermal commons and compensated for such restoration); (vii) to encourage
64drawdown of anthropogenic geothermal energy as an ecosystem restoration: (viii) to ensure
65annual stability of non-anthropogenic ambient geothermal energy through appropriate design and
66management of the thermal commons.
67 (f) The commission/working group shall conduct no fewer than three public hearings in
68conveniently accessible locations throughout the commonwealth. The executive office of energy
69and environmental affairs shall provide administrative support for the operations of the
70commission/working group. The commission/working group may retain independent expert
71consultants.
72 (g) The commission/working group shall submit a report and recommendations, together
73with any drafts of legislation that may be useful in carrying out its recommendations and
74otherwise putting them into effect to the department of public utilities, the joint committee on
75telecommunications, utilities and energy, the senate and house committees on global warming
76and climate change and the clerks of the senate and house of representatives not later than July
7731, 2026.