Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H938 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 1801 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 938
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Duffy and Natalie M. Blais
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 establishing sustainable and equitable funding for climate change adaptation and
13	13	mitigation.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Patricia A. Duffy5th Hampden1/15/2025Natalie M. Blais1st Franklin1/15/2025Lindsay N. Sabadosa1st Hampshire1/15/2025James B. EldridgeMiddlesex and Worcester2/12/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/18/2025Mary S. Keefe15th Worcester3/4/2025 1 of 13
17	17	HOUSE DOCKET, NO. 1801 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 938
19	19	By Representatives Duffy of Holyoke and Blais of Deerfield, a petition (accompanied by bill,
20	20	House, No. 938) of Patricia A. Duffy, Natalie M. Blais and others relative to funding for climate
21	21	change adaptation and mitigation. Environment and Natural Resources.
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 establishing sustainable and equitable funding for climate change adaptation and
28	28	mitigation.
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. Section 1 of chapter 21N of the General Laws as appearing in the 2020
32	32	2Official Edition is hereby amended by inserting after the definition of “carbon dioxide
33	33	3equivalent” the following definition:--
34	34	4 “Community-Based Organization” means a not-for-profit, grassroots organization,
35	35	5neighborhood land trust, or other entity that is driven by community residents, the majority of
36	36	6whose governing body and staff consists of local residents, the main operating offices are in the
37	37	7community of service, priority issue areas are identified and defined by residents, solutions to
38	38	8address priority issues are developed with residents, and program design, implementation, and
39	39	9evaluation components have residents intimately involved and in leadership positions. Those
40	40	10organizations with staff shall meet workplace standards for fair treatment and compensation of
41	41	11staff. 2 of 13
42	42	12 SECTION 2. Said Chapter 21N is hereby further amended by adding the following
43	43	13section: -
44	44	14 Section 12 (a) There shall be a climate & community resilience fund, hereafter referred to
45	45	15as the fund, to support addressing the causes and impacts of climate change with a focus on
46	46	16communities with significant populations of low-income and moderate income residents as
47	47	17defined by section 38D of chapter 121B of the general laws and environmental justice
48	48	18populations, as defined in sections 62J of chapter 30 of the general laws.
49	49	19 The fund shall be administered by the secretary of energy and environmental affairs in
50	50	20consultation with the Climate Resilience advisory board established in section 14.
51	51	21 (b) The fund shall include:
52	52	22 (i) Monies from the property insurance fee established in subsection 15;
53	53	23 (ii) any revenues or other financing sources directed to the fund by appropriation;
54	54	24 (iii) bond revenues or other monies authorized by the general court and specifically
55	55	25designated to be credited to the fund;
56	56	26 (iv) any income derived from the investment of amounts credited to the fund or
57	57	27repayment of loans from the fund;
58	58	28 (v) funds from public or private sources including, but not limited to, gifts, federal or
59	59	29private grants, donations, rebates, and settlements received by the commonwealth that are
60	60	30specifically designated to be credited to the fund; and
61	61	31 (vi) all other amounts credited or transferred into the fund from any other sources. 3 of 13
62	62	32 The fund shall reimburse the commonwealth for costs associated with the administration
63	63	33of the fund.
64	64	34 Monies deposited into the fund that are unexpended at the end of the fiscal year shall not
65	65	35revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
66	66	36 c) Annually, not later than December 1, the secretary of energy and environmental affairs
67	67	37shall report on an annual basis the activities of the fund to the clerks of the house of
68	68	38representatives and the senate and to the house and senate committees on ways and means and in
69	69	39a place and form that is publicly accessible. The report shall include:
70	70	40 (i) a status report on the implementation of the fund, including but not limited to an
71	71	41accounting of fund disbursement, a clear statement of the percentage of funds allocated to low
72	72	42and moderate income communities as defined in section 38D of chapter 121B of the general
73	73	43laws and residents of environmental justice populations, as defined in sections 62J of chapter 30
74	74	44of the general laws, expenditures made from the fund with a description of the authorized
75	75	45purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended
76	76	46balance remaining in the fund;
77	77	47 (ii) an evaluation of implementation and how and whether the fund is meeting the goals
78	78	48of subsections b, c, and d; and,
79	79	49 (iii) any recommendations for statutory changes needed to meet the goals of this section.
80	80	50 (b) There shall be a Climate and Community Resilience advisory board
81	81	51 (1) Members of the board shall have expertise in environmental justice, racial justice,
82	82	52food security, affordable and supportive housing, labor and workers’ rights, workforce 4 of 13
83	83	53development, building engineering and energy, resilience and adaptation, insurance and
84	84	54reinsurance, real estate development and management, public health and hospitals, historic
85	85	55preservation, and/or nature-based solutions, or any combination thereof. All members shall be
86	86	56current residents of the commonwealth and the composition of the board must reflect
87	87	57racial,ethnic, geographic, and economic diversity within the commonwealth.
88	88	58 (2) the secretary of energy and environmental affairs and climate chief of the office of
89	89	59climate innovation and resilience shall nominate at least twelve candidates for the board who
90	90	60meet the criteria in in subsection who represent community-based organizations to the
91	91	61environmental justice council which shall review, comment, and approve a final list of seven
92	92	62finalists to the secretary who will appoint seven members to the board. The secretary of energy
93	93	63and environmental affairs shall establish a fair rate of compensation and travel reimbursement
94	94	64for the community based organization representatives to the board.
95	95	65 (3) The secretary of energy and environmental affairs shall appoint two members of the
96	96	66board who meet the criteria in subsection 1. The speaker of the house of representatives and the
97	97	67president of the senate shall appoint two additional members of the board who meet the criteria
98	98	68in subsection 1.
99	99	69 (4) Members shall serve for a term of three (3) years. As the term of any member expires,
100	100	70their successor, or their renewal, shall be nominated openly and chosen by the secretary and
101	101	71chief in accordance with the process described in the subsection above. Every three years, the
102	102	72board shall choose a member to be the chair of the board. The board shall meet not less than 4
103	103	73times per year and may meet more often as it deems necessary to fulfill its obligations under this
104	104	74section. The board chair has the discretion to allow board members to participate in meetings, 5 of 13
105	105	75including but not limited to electronic communications, without having to attend the meetings in
106	106	76person.
107	107	77 (5) The board shall receive staff, administrative, and budget support from the executive
108	108	78office of energy and environmental affairs. The secretary, or their designee, shall convene the
109	109	79board within 30 days of enactment, and support the board in developing a plan for
110	110	80implementation of this section to be completed within three months of enactment, including but
111	111	81not limited to:
112	112	82 (i) choosing a chair to facilitate and manage meetings;
113	113	83 (ii) developing and using equitable decision-making frameworks, such as consensus
114	114	84building and methods of voting;
115	115	85 (iii) determining the frequency of meetings, record-keeping, and administrative duties;
116	116	86and
117	117	87 (iv) managing the authority of the board under subsection c.
118	118	88 (b) The board shall determine and execute actions to achieve the goals of this section,
119	119	89including but not limited to:
120	120	90 (i) prioritizing actions to take under subsection c based on priorities established in
121	121	91subsection e for funding, costs, and expenditures from the fund;
122	122	92 (ii) determining funding allocations from the fund to achieve the goals of subsection with
123	123	93advice from state agency staff with expertise in state and federal funding; 6 of 13
124	124	94 (iii) determining administrative management and practices in subsection f that ensure
125	125	95eligibility, access, and capacity of community-based organizations receiving funds and capacity
126	126	96of state agencies managing the fund;
127	127	97 (iv) ensuring transparency, accountability, monitoring, evaluation, and oversight; and,
128	128	98 (v) sharing advice and recommendations to the secretary on how other sources and
129	129	99allocations of the commonwealth’s funding and the commonwealth's management of federal
130	130	100funding allocations for climate change adaptation and mitigation can be more equitable and
131	131	101sustainable and meet the goals of this subsection.
132	132	102 The board may convene working groups to study or make recommendations
133	133	103administering, achieving the goals of this subsection. Working groups may include individuals
134	134	104not on the board, including representatives of appropriate federal, state, and local agencies and
135	135	105authorities, sector-specific professionals, nonprofit and community-based organizations,
136	136	106financial institution representatives, energy providers and utility representatives, among others.
137	137	107 (c) Amounts credited to the fund may be used, without further appropriation, to provide
138	138	108grants or loans to community-based organizations, nonprofit entities, quasi-governmental, and
139	139	109governmental entities for costs and expenditures incurred for actions taken to support programs
140	140	110and projects that achieve local, regional, or statewide climate change mitigation and adaptation
141	141	111goals to address the causes and impacts of climate change and achieve the goals in this
142	142	112subsection, and as defined and determined by the board. Such costs and expenditures may
143	143	113include, but shall not be limited to:
144	144	114 (i) supporting equitable and just initiatives that address environmental injustices related
145	145	115to the causes and impacts of climate change using a people-centered approach that centers human 7 of 13
146	146	116health, social and economic well-being and that prioritize people who have been marginalized
147	147	117and live in divested communities, especially environmental justice populations, as defined in
148	148	118sections 62J and 62 K of chapter 30 of the general laws; low-income and moderate-income
149	149	119residents as defined in section 38D of chapter 121B of the general laws, and low-wealth
150	150	120residents; and English isolated residents.
151	151	121 (ii) providing support to individuals to mitigate risks and impacts from climate change to
152	152	122their health, such as supporting resilient retrofits and household equipment and devices which
153	153	123help provide safe, livable, resilient homes that address climate change impacts such as extreme
154	154	124cold, heat, flooding, or drought;
155	155	125 (iii) supporting individuals, and outdoor workers by providing community-based
156	156	126resilience centers during extreme cold, heat, or flooding and providing personal cooling devices
157	157	127and equipment;
158	158	128 (iv) supporting municipal and regional coordination to advance implementation of
159	159	129community-identified solutions by providing resources, building staff and volunteer capacity,
160	160	130completing grant applications, providing technical support, and building networks in support of
161	161	131residents, community-based organizations, and others towards broader, more equitable access to
162	162	132climate adaptation and mitigation funding and programs;
163	163	133 (v) supporting workforce development for a diversity of well-paying careers
164	164	134implementing climate-related projects in the built environment and for nature-based solutions, as
165	165	135defined in section 1 of chapter 21N and green infrastructure as defined in section 26A of chapter
166	166	13621, including but not limited to smart building design and operations, urban forestry, and green
167	167	137stormwater infrastructure design and maintenance; 8 of 13
168	168	138 (vi) providing relief and support to low-income and moderate-income residents to avoid
169	169	139displacement and
170	170	140 otherwise mitigate any negative impacts from rising property values and taxes due to
171	171	141improvements of properties and communities as a result of local activities and programs
172	172	142supported by the fund;
173	173	143 (vii) supporting, enhancing, or creating state agency, regional, and local programs and
174	174	144initiatives and innovative efforts that meet the goals of the fund; provided however, that
175	175	145supporting shall mean providing funds to existing efforts; enhancing shall mean providing
176	176	146additional funds to improve the equitable outcomes and administration of existing efforts; and,
177	177	147creating shall mean providing funds to establish new efforts when absent from among existing
178	178	148efforts.
179	179	149 (vii) planning, monitoring, development, deployment, management, strategies, actions,
180	180	150and measures to achieve carbon emissions reductions and to adapt to and prepare for the impacts
181	181	151of climate change;
182	182	152 (viii) implementing actions from state, regional, and local plans or strategies for climate
183	183	153change mitigation and adaptation, including but not limited to the resilient massachusetts plan,
184	184	154the clean energy and climate plans, municipal vulnerability preparedness program plans, and
185	185	155other relevant plans and any successor plans to those listed herein;
186	186	156 (ix) evaluating climate plans for how well they identify priority groups that would most
187	187	157benefit from decarbonization and adaptation efforts, directly or indirectly; aligning state,
188	188	158regional, and local plans or strategies for climate change mitigation and adaptation with those for
189	189	159housing, health, water, and economic development; and reviewing them to ensure that these are 9 of 13
190	190	160consistent in their reducing harms in environmental justice populations, as defined in sections
191	191	16162J of chapter 30 of the general laws and low and moderate income populations as defined in
192	192	162section 38D of chapter 121B of the general laws;
193	193	163 (x) providing funding for match requirements to leverage federal and state public and
194	194	164private investment and costs associated with securing and administering those funds;
195	195	165 (xi) monitoring, studying, and reporting on environmental pollutants in the air, water, or
196	196	166soil to prevent or minimize environmental harms to public health; and
197	197	167 (xii) providing administrative support described in subsection g to enhance more
198	198	168equitable deployment and use of state and federal funding.
199	199	169 The board may add to or to adapt the foregoing list of actions and expenditures.
200	200	170 (e) The fund shall not be used for:
201	201	171 (i) man-made carbon capture technologies as a means removing greenhouse gas,
202	202	172measured in carbon dioxide equivalent emissions, from the atmosphere, and durably storing it in
203	203	173geological, terrestrial, or ocean reservoirs, or in long-lived products for a minimum period of 100
204	204	174years.
205	205	175 (ii) purchases of offsets through carbon markets; or
206	206	176 (iii) other actions as determined by the board.
207	207	177 (f) The board shall prioritize costs and expenditures that achieve more equitable
208	208	178outcomes, including but not limited to: 10 of 13
209	209	179 (i) prioritizing equity by ensuring the majority of investments benefit residents of an
210	210	180environmental
211	211	181 justice populations, as defined in section 62 of chapter 30 of the general laws, and low-to-
212	212	182moderate-income residents as defined in section 38D of chapter 121B of the general laws,, and
213	213	183within this amount, a portion specified by the board will focus on environmental justice
214	214	184populations in communities that historically have been rendered marginalized, underserved, and
215	215	185overburdened by pollution, displacement, energy burden and cost while prioritizing climate,
216	216	186environmental, energy, and health benefits;
217	217	187 (ii) supporting environmental justice principles as defined and determined under section
218	218	18862 of chapter 30 of the general laws, and low-to-moderate-income residents as defined in section
219	219	18938D of chapter 121B of the general laws;
220	220	190 (iii) coordinating and collaborating with the environmental justice council established
221	221	191under section 62L of said chapter 30, the environmental justice director of the executive office of
222	222	192energy and environmental affairs, and non-profit organization coalitions supporting equitable
223	223	193policy and funding for environmental and climate justice;
224	224	194 (iv) creating jobs, requiring local hiring, increasing hiring of residents of an
225	225	195environmental justice population, as defined in section 62K of chapter 30 of the general laws,
226	226	196and low and moderate income residents as defined in section 38D of chapter 121B of the general
227	227	197laws, and investing in vocational training and certificate programs;
228	228	198 (v) supporting nature-based solutions as defined in section 1 of chapter 21N and green
229	229	199infrastructure as defined in section 26A of chapter 21; 11 of 13
230	230	200 (vi) fostering regional collaboration across municipal and county boundaries to realize
231	231	201efficiencies and effectiveness and reflect ecological scales, such as watersheds;
232	232	202 (vii) demonstrating community support for local efforts and projects;
233	233	203 (viii) educating community members and conducting outreach; and,
234	234	204 (ix) fostering and enabling community participation via local and municipal advisory
235	235	205councils
236	236	206 The board may add to or to adapt the foregoing list of criteria to enable equitable ways in
237	237	207which the fund is deployed.
238	238	208 (g) The fund shall be administered to enable community-based organizations to access,
239	239	209use, and manage funding in ways that are consistent with the goals of the fund.. The
240	240	210administration of the fund shall be guided by the following practices, including, but not limited
241	241	211to:
242	242	212 (i) transparency on the impact and benefits of funding,
243	243	213 (ii) clear, accessible, and transparent guidelines for funding application and distribution;
244	244	214 (iii) flexibility for awardees to determine how funding should be spent;
245	245	215 (iv) concise funding applications with guidance and support for preparing said
246	246	216applications to minimize administrative burden for applicants;
247	247	217 (v) collaboration and reduce competition by enabling regional awards, joint applications
248	248	218and awards between multiple entities, and by allowing larger organizations to subaward funds to
249	249	219smaller, community-based entities; 12 of 13
250	250	220 (vi) balancing the need to fund small, grassroots organizations to meet community-driven
251	251	221goals with the need to ensure that funding is translated into action;
252	252	222 (vii) community expertise; and,
253	253	223 (vii)flexible funding options, including but not limited to: upfront funding rather than
254	254	224reimbursement;(B) providing seed and or planning funding;
255	255	225 (C) support for the continuation of existing programs;
256	256	226 (D) funding for community-based organization administration and operations;
257	257	227 (E) reduction or eliminating matching funds requirements; and
258	258	228 (F) multi-year funding.
259	259	229 The board may add to or to adapt the foregoing list of practices.
260	260	230 Section 15. There shall be a fee on the premiums paid for real estate property insurance,
261	261	231including:
262	262	232 home, commercial, and allied lines,
263	263	233 The amount of the fee shall at two percent for the first five years and an adjusted as a
264	264	234decrease or an increase, with a ceiling of an increase of an increment of 0.25 percent per year
265	265	235with an overall cap of 5 percent, as determined by the board using the following criteria:
266	266	236 (i) a fair distribution of the fee among the types of property owners;
267	267	237 (ii) affordability and tolerance for fees based on income and wealth that do not cause an
268	268	238economic burden for payees; 13 of 13
269	269	239 (iv) there shall be an opt out provision for people, not-for-profit organizations, and small
270	270	240businesses and farms who cannot afford to pay as determined by the department of revenue in
271	271	241consultation with the division of insurance.
272	272	242 The commissioner of the department of revenue shall have the authority to promulgate
273	273	243rules and regulations to carry out the purposes of this section including but not limited to:
274	274	244 (i) administering the fee with efficiency and effectiveness;
275	275	245 (ii) collecting the fee;
276	276	246 (iii) reducing costs to the insurance sector in the administration of fee collection;
277	277	247 (iv) clarifying that the fee is a passthrough to the insured and not an expense incurred by
278	278	248the insurance sector
279	279	249 (v) providing transparency for consumers on insurance company billing on the legal
280	280	250requirements, the amount of the fee, and use of the funds in coordination with the insurance
281	281	251sector
282	282	252 (vi) depositing the fees into the fund;
283	283	253 (vii) developing compliance and enforcement mechanisms, responsibility, and remedies
284	284	254for non-compliance.