Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3543 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4012 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3543
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens
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 relative to the protection and development of the thermal commons of the
13	13	Commonwealth.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/17/2025 1 of 4
17	17	HOUSE DOCKET, NO. 4012 FILED ON: 1/17/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 3543
19	19	By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 3543) of
20	20	Steven Owens relative to thermal commons of the Commonwealth. Telecommunications,
21	21	Utilities and Energy.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to the protection and development of the thermal commons of the
28	28	Commonwealth.
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 25 of the General Laws, as so appearing, is hereby amended by
32	32	2adding after Section 23 the following section:-
33	33	3 Section 24, (a) As used in this section, the following words shall have the following
34	34	4meanings unless the context clearly requires otherwise:-
35	35	5 “Ambient geothermal energy”, geothermal energy of less than 80 degrees Fahrenheit
36	36	6found at depths of 2,000 feet or less in the earth.
37	37	7 “Anthropogenic geothermal energy”, geothermal energy of less than 80 degrees
38	38	8Fahrenheit found at depths of 2000 feet or less and originating from human-caused climate
39	39	9change.
40	40	10 ''Geothermal energy'', thermal energy that is sourced from (i) the ground, including
41	41	11bedrock and the earth beneath the bedrock, (ii) the surface water, including the rivers, ponds, 2 of 4
42	42	12lakes within the commonwealth and the sea adjacent to the commonwealth, and (iii) the water
43	43	13beneath the surface of the earth within the commonwealth, including groundwater, springs, and
44	44	14aquifers. Such geothermal energy shall include the electricity derived therefrom.
45	45	15 “Hot geothermal energy”, geothermal energy of more than 80 degrees Fahrenheit found
46	46	16at depths of 10,000 feet or more in the earth .
47	47	17 “Waste Thermal Energy”, activities by humans that produce thermal energy as a
48	48	18byproduct and include thermal energy from sources including, but not limited to, wastewater,
49	49	19industrial sources, landfills, and data centers.
50	50	20 (b) It is hereby declared that ambient geothermal energy and anthropogenic geothermal
51	51	21energy within the commonwealth as defined herein are a thermal commons held for the benefit
52	52	22of the citizens of the commonwealth in public trust, except where found on property wholly
53	53	23owned by private property owners or where produced wholly on private land, including but not
54	54	24limited to waste thermal energy.
55	55	25 (c) To ensure that the commonwealth achieves its mandate to reduce greenhouse gas
56	56	26emissions to net zero by the year 2050, the secretary of the executive office of energy and
57	57	27environmental affairs shall establish a commission/working group to investigate and make
58	58	28recommendations to the legislature for a comprehensive, equitable and efficient framework to
59	59	29manage the opportunities presented to the commonwealth by the thermal energy transition from
60	60	30combusting to non-combusting sources of thermal energy. Such commission shall be called the
61	61	31Commission/Working Group for the Protection and Development of the Commonwealth’s
62	62	32Thermal Energy Commons. 3 of 4
63	63	33 (d) The commission/working group shall consist of 20 members, including 1 person
64	64	34representing each of the following: MAPC & other regional councils, energy efficiency experts,
65	65	35thermal energy experts, utility experts, organized labor, EJ organization, AGO, DEP, DOER,
66	66	36MassCEC, Executive office of economic development, and Massachusetts Bar Association with
67	67	37expertise in land use. Interested parties shall apply to the secretary for designation as members.
68	68	38The commissioner of the department of public utilities shall serve as chair of the
69	69	39commission/working group.
70	70	40 (e) The commission/working group shall review available research and data and shall
71	71	41define the scope of the thermal energy derived from the commons of the commonwealth. It shall
72	72	42further solicit and consider relevant comments from stakeholders and shall develop
73	73	43recommendations for legislative and regulatory changes to facilitate the protection and
74	74	44development for the benefit of the citizens of the commonwealth the thermal commons, with due
75	75	45consideration given to land use impacts and categorizations, water quality, soil health, and
76	76	46restoration of and maintenance of the thermal stability of the commonwealth.The
77	77	47commission/working group shall work with the executive office of energy and environmental
78	78	48affairs to gather information and data to quantify how protection and development of the thermal
79	79	49energy commons of the commonwealth may contribute to meeting the greenhouse gas emission
80	80	50reductions requirements of chapter 21N. The recommendations of the commission/working
81	81	51group shall include, but not be limited to, the following areas of proposed legislation or
82	82	52regulation: (i) the extent of the thermal commons including but not limited to setbacks from the
83	83	53boundaries of any private or public property, differences in usage requirements between
84	84	54anthropogenic and non-anthropogenic ambient geothermal energy, (ii) any obligation to provide
85	85	55essential energy service in return for a grant of access to the thermal commons, and the resulting 4 of 4
86	86	56prioritization and regulatory framework of such thermal service; (iii) establish a reciprocal
87	87	57obligation to serve the public in return for a grant of access to the thermal commons; (iv) to
88	88	58establish regulatory priorities for such service to the public based on the provision of essential
89	89	59energy services, safety, security, reliability, equity, emissions and affordability; (v) the scope of
90	90	60permission for the drawdown of anthropogenic ambient geothermal energy, which shall not be
91	91	61lower in annual average temperatures than experienced by the commonwealth in the year 1900;
92	92	62(vi) the extent to which drawdown of anthropogenic geothermal energy shall be considered
93	93	63restoration of the thermal commons and compensated for such restoration); (vii) to encourage
94	94	64drawdown of anthropogenic geothermal energy as an ecosystem restoration: (viii) to ensure
95	95	65annual stability of non-anthropogenic ambient geothermal energy through appropriate design and
96	96	66management of the thermal commons.
97	97	67 (f) The commission/working group shall conduct no fewer than three public hearings in
98	98	68conveniently accessible locations throughout the commonwealth. The executive office of energy
99	99	69and environmental affairs shall provide administrative support for the operations of the
100	100	70commission/working group. The commission/working group may retain independent expert
101	101	71consultants.
102	102	72 (g) The commission/working group shall submit a report and recommendations, together
103	103	73with any drafts of legislation that may be useful in carrying out its recommendations and
104	104	74otherwise putting them into effect to the department of public utilities, the joint committee on
105	105	75telecommunications, utilities and energy, the senate and house committees on global warming
106	106	76and climate change and the clerks of the senate and house of representatives not later than July
107	107	7731, 2026.