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2 | 2 | | SENATE DOCKET, NO. 2110 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1998 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Paul R. Feeney |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act advancing renewable heating solutions for the Commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and Norfolk 1 of 17 |
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16 | 16 | | SENATE DOCKET, NO. 2110 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1998 |
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18 | 18 | | By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1998) of Paul R. Feeney for |
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19 | 19 | | legislation to advance renewable heating solutions for the Commonwealth. Revenue. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1822 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act advancing renewable heating solutions for the Commonwealth. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 3 of chapter 25 of the General Laws, as so appearing, is hereby |
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31 | 31 | | 2amended by striking out, in line 14, the words “chapter 164” and inserting in place thereof the |
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32 | 32 | | 3following words:- chapters 164 and 164C. |
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33 | 33 | | 4 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after |
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34 | 34 | | 5section 2OOOOO, as inserted by section 13 of chapter 358 of the acts of 2020, the following |
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35 | 35 | | 6section:- |
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36 | 36 | | 7 Section 2PPPPP. (a) There is hereby established and set up on the books of the |
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37 | 37 | | 8commonwealth a fund known as the Renewable Heating Solutions Development Fund to be |
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38 | 38 | | 9administered by the department of energy resources. The purpose of the fund shall be reduce the |
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39 | 39 | | 10carbon intensity of the fuel consumed by end-use customers and increase the supply of 2 of 17 |
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40 | 40 | | 11renewable thermal resources through procurement of qualified renewable heating fuels and |
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41 | 41 | | 12useful thermal energy from renewable thermal resources including environmental attributes for |
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42 | 42 | | 13compliance use by obligated entities, as defined in section 1 of chapter164C and consistent with |
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43 | 43 | | 14Section 3A of Chapter 21N. There shall be credited to the fund all alternative compliance |
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44 | 44 | | 15payments made by obligated entities as provided in section 2 of said chapter 164C. Amounts |
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45 | 45 | | 16credited to the fund shall be expended without further appropriation. Money remaining in the |
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46 | 46 | | 17fund at the end of a fiscal year shall not revert to the General Fund and shall be available for |
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47 | 47 | | 18expenditure in subsequent fiscal years. No expenditure shall be made from said fund that shall |
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48 | 48 | | 19cause said fund to be in deficit at the close of a fiscal year. |
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49 | 49 | | 20 (b) Money in the fund shall be expended to: (i) stimulate investment in development of |
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50 | 50 | | 21qualified renewable heating fuels and renewable thermal resources by entering into agreements, |
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51 | 51 | | 22including multi-year agreements, for qualified renewable heating fuels and for renewable thermal |
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52 | 52 | | 23resources including environmental attributes for the purposes of compliance with the renewable |
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53 | 53 | | 24heat standard; (ii) provide technical and financial assistance for interconnection and feasibility |
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54 | 54 | | 25studies, the development or the installation of qualified renewable heating fuel and renewable |
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55 | 55 | | 26thermal resource projects; (iii) issue assurances or guarantees to support the acquisition of |
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56 | 56 | | 27environmental attributes; (iv) establish escrows, reserves or acquire insurance for the obligations |
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57 | 57 | | 28of the fund; and (v) pay administrative costs of the fund incurred not to exceed 10 percent of the |
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58 | 58 | | 29income of the fund, including, but not limited to, alternative compliance payments. |
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59 | 59 | | 30 (c) The department shall adopt plans and guidelines for the management and use of the |
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60 | 60 | | 31fund and enter into agreements with obligated entities to accept alternative compliance payments |
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61 | 61 | | 32consistent with rules or purposes of the renewable heating standards established in said section 2 |
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62 | 62 | | 33of said chapter 164C. The department shall pursue opportunities at the state or federal level to 3 of 17 |
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63 | 63 | | 34advance the research and development of eligible resources, as defined in section 1 of said |
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64 | 64 | | 35chapter 164C. |
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65 | 65 | | 36 SECTION 3. Section 6 of chapter 62 of the General Laws, as amended by section 57 of |
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66 | 66 | | 37chapter 358 of the acts of 2020, is hereby amended by adding the following 3 subsections:- |
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67 | 67 | | 38 (x) (1) A partnership, limited liability corporation or other legal entity engaged in |
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68 | 68 | | 39business in the commonwealth that: (i) is not a business corporation subject to the excise under |
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69 | 69 | | 40chapter 63; and (ii) produces qualified renewable heating fuels, as defined in section 1 of chapter |
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70 | 70 | | 41164C, shall be allowed a refundable credit against its excise due under this chapter. |
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71 | 71 | | 42 (2) The credit under this subsection shall be attributed on a pro rata basis to the owners, |
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72 | 72 | | 43partners or members of the legal entity entitled to the credit under this subsection and shall be |
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73 | 73 | | 44allowed as a credit against the tax due under this chapter from the owners, partners or members |
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74 | 74 | | 45in a manner determined by the commissioner. |
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75 | 75 | | 46 (3) The commissioner, in consultation with the commissioner of energy resources, shall |
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76 | 76 | | 47promulgate regulations for the administration and implementation of this subsection. |
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77 | 77 | | 48 (y) (1) As used in this subsection the following terms shall, unless the context clearly |
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78 | 78 | | 49requires otherwise, have the following meanings: |
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79 | 79 | | 50 “Geothermal district heating”, as defined in section 1 of chapter 164C. |
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80 | 80 | | 51 “Qualified heating equipment”, renewable heating systems approved by the department |
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81 | 81 | | 52of energy resources, including but not limited to air source heat pumps, ground source heat |
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82 | 82 | | 53pumps, and heating equipment using renewable hydrogen and renewable propane. |
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83 | 83 | | 54 “Renewable hydrogen,” as defined in section 1 of Chapter 164C. 4 of 17 |
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84 | 84 | | 55 “Taxpayer”, a taxpayer subject to taxation under this chapter. |
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85 | 85 | | 56 (2) A taxpayer shall be allowed a tax credit against the taxes imposed by this chapter |
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86 | 86 | | 57equal to 30 percent of the total qualified expenditures incurred in connection with the purchase |
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87 | 87 | | 58and installation of qualified heating equipment during the taxable year; provided, however, that |
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88 | 88 | | 59the amount of credit allowed shall not exceed 30 percent of the net expenditure for renewable |
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89 | 89 | | 60energy source property. |
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90 | 90 | | 61 (3) If the amount of the credit allowed under this subsection exceeds the taxpayer's tax |
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91 | 91 | | 62liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer |
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92 | 92 | | 63the entire amount of the excess. |
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93 | 93 | | 64 (4) The commissioner, in consultation with the commissioner of energy resources, shall |
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94 | 94 | | 65promulgate regulations for the administration and implementation of this subsection. |
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95 | 95 | | 66 (z) (1) As used in this subsection the following terms shall, unless the context clearly |
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96 | 96 | | 67requires otherwise, have the following meanings: |
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97 | 97 | | 68 (2) A taxpayer shall be allowed a tax credit against the taxes imposed by this chapter |
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98 | 98 | | 69equal to 30 percent of the total qualified expenditures incurred in connection with the purchase |
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99 | 99 | | 70and installation of geothermal district heating infrastructure during the taxable year. |
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100 | 100 | | 71 (3) If the amount of the credit allowed under this subsection exceeds the taxpayer's tax |
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101 | 101 | | 72liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer |
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102 | 102 | | 73the entire amount of the excess. |
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103 | 103 | | 74 (4) The commissioner, in consultation with the commissioner of energy resources, shall |
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104 | 104 | | 75promulgate regulations for the administration and implementation of this subsection. 5 of 17 |
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105 | 105 | | 76 SECTION 4. Chapter 63 of the General Laws is hereby amended by inserting after |
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106 | 106 | | 77section 38HH, as appearing in the 2018 Official Edition, the following 3 sections:- |
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107 | 107 | | 78 Section 39II. There is hereby established a qualified renewable heating fuels production |
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108 | 108 | | 79tax credit. A corporation engaged in business in the commonwealth that produces qualified |
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109 | 109 | | 80renewable heating fuels, as defined in section 1 of chapter 164C, shall be allowed a refundable |
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110 | 110 | | 81credit against its excise due under this chapter. The credit shall be equal to 30 percent of the total |
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111 | 111 | | 82qualified expenditures incurred in connection with the purchase and installation of equipment for |
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112 | 112 | | 83the production of qualified renewable heating fuels. |
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113 | 113 | | 84 The credit allowed under this section shall be allowed for the taxable year in which the |
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114 | 114 | | 85production of qualified renewable heating fuels or purchase of equipment to produce qualified |
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115 | 115 | | 86renewable heating fuels is made. The commissioner, in consultation with the commissioner of |
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116 | 116 | | 87energy resources, shall promulgate regulations for the administration and implementation of this |
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117 | 117 | | 88section. |
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118 | 118 | | 89 Section 39JJ. There is hereby established a renewable heating systems tax credit. A |
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119 | 119 | | 90corporation engaged in business in the commonwealth that purchases or installs qualified heating |
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120 | 120 | | 91equipment, as defined in paragraph (1) of subsection (y) of section 6 of chapter 62, shall be |
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121 | 121 | | 92allowed a refundable credit against its excise due under this chapter equal to 30 percent of the |
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122 | 122 | | 93total qualified expenditures incurred in connection with said purchase and installation during the |
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123 | 123 | | 94taxable year; provided, however, that the amount of credit allowed shall not exceed 30 percent of |
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124 | 124 | | 95the net expenditure for renewable energy source property. |
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125 | 125 | | 96 The credit allowed under this section shall be allowed for the taxable year in which the |
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126 | 126 | | 97purchase or installation of qualified heating equipment is made. The commissioner, in 6 of 17 |
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127 | 127 | | 98consultation with the commissioner of energy resources, shall promulgate regulations for the |
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128 | 128 | | 99administration and implementation of this section. |
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129 | 129 | | 100 Section 39KK. There is hereby established a geothermal district heating infrastructure tax |
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130 | 130 | | 101credit. A corporation engaged in business in the commonwealth that purchases or installs |
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131 | 131 | | 102infrastructure supporting geothermal district heating, as defined in section 1 of chapter 164C, |
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132 | 132 | | 103shall be allowed a refundable credit against its excise due under this chapter equal to 30 percent |
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133 | 133 | | 104of the total qualified expenditures incurred in connection with said purchase and installation |
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134 | 134 | | 105during the taxable year. |
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135 | 135 | | 106 The credit allowed under this section shall be allowed for the taxable year in which the |
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136 | 136 | | 107purchase or installation of qualified heating equipment is made. The commissioner, in |
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137 | 137 | | 108consultation with the commissioner of energy resources, shall promulgate regulations for the |
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138 | 138 | | 109administration and implementation of this section. |
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139 | 139 | | 110 SECTION 5. The General Laws are hereby amended by inserting after chapter 164B the |
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140 | 140 | | 111following chapter:- |
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141 | 141 | | 112 Chapter 164C |
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142 | 142 | | 113 Renewable Heating Solutions |
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143 | 143 | | 114 Section 1. As used in this chapter the following terms shall, unless the context clearly |
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144 | 144 | | 115requires otherwise, have the following meanings: |
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145 | 145 | | 116 "Alternative compliance payment", a payment to the renewable heating solutions |
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146 | 146 | | 117development fund established in section 2PPPPP of chapter 29, which may be made in lieu of |
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147 | 147 | | 118standard means of compliance with this statute. 7 of 17 |
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148 | 148 | | 119 “Biogas”, a mixture of carbon dioxide and hydrocarbons, primarily methane gas, released |
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149 | 149 | | 120from the biological decomposition of organic materials, which can be upgraded to meet the |
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150 | 150 | | 121standards for injection into a common carrier pipeline. |
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151 | 151 | | 122 “Biomass”, energy feedstocks that can be converted or upgraded to meet the standards for |
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152 | 152 | | 123injection into a common carrier pipeline, including brush; stumps; lumber ends and trimmings; |
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153 | 153 | | 124wood pallets; bark; wood chips; shavings; slash and other clean wood; agricultural waste; food |
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154 | 154 | | 125and vegetative material; energy crops; landfill methane; or biogas. |
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155 | 155 | | 126 "Commission", the commonwealth utilities commission established in section 2 of |
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156 | 156 | | 127chapter 25. |
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157 | 157 | | 128 “Carbon intensity” means the quantity of full lifecycle greenhouse gas emissions per unit |
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158 | 158 | | 129of fuel energy. |
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159 | 159 | | 130 "Compliance year", a calendar year beginning January 1 and ending December 31 for |
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160 | 160 | | 131which an obligated entity must demonstrate that it has met the requirements of this chapter. |
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161 | 161 | | 132 “Department”, the department of energy resources. |
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162 | 162 | | 133 “District heating”, systems that (i) provide useful thermal energy to multiple buildings |
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163 | 163 | | 134from a central resource; (ii) distribute useful thermal energy among buildings connected to a |
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164 | 164 | | 135common thermal network; or (iii) both provide and distribute useful thermal energy. |
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165 | 165 | | 136 “Eligible resources”, resources producing qualified renewable heating fuels or useful |
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166 | 166 | | 137thermal energy from a renewable thermal resource where the energy produced by the resource is: |
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167 | 167 | | 138(i) delivered into the commonwealth for use by the commonwealth’s end-use customers; or (ii) |
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168 | 168 | | 139used to provide heating service to customers in the Commonwealth. Delivery of energy from an 8 of 17 |
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169 | 169 | | 140eligible resource may include: (1) a unit-specific bilateral contract for the sale and delivery of the |
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170 | 170 | | 141energy into the commonwealth; (2) confirmation from the appropriate control entity that the |
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171 | 171 | | 142renewable energy was actually settled in the system; or (3) any other requirements as the |
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172 | 172 | | 143department deems appropriate. |
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173 | 173 | | 144 “Environmental attributes”, any credits, emissions reductions, offsets, allowances or |
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174 | 174 | | 145other benefits attributable to the production and delivery of qualified renewable heating fuels or |
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175 | 175 | | 146renewable thermal resources. The attributes for qualified renewable heating fuels shall include, |
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176 | 176 | | 147but are not limited to, the avoided greenhouse gas emissions associated with the production, |
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177 | 177 | | 148transport, and combustion of a quantity of alternative fuels compared with the same quantity of |
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178 | 178 | | 149geologic natural gas. |
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179 | 179 | | 150 “Full life cycle greenhouse gas emissions”, (1) lifecycle greenhouse gas emissions |
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180 | 180 | | 151pursuant to section 7545(o)(1)(H) of title 42 of the United States code, and (2) include any |
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181 | 181 | | 152associated abatement of greenhouse gases including methane. |
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182 | 182 | | 153 “Geothermal district heating”, the utilization of useful thermal energy generated and |
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183 | 183 | | 154stored in the earth to provide heat to buildings and industry through a distribution network. |
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184 | 184 | | 155 “Natural gas utility”, a natural gas local distribution company. |
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185 | 185 | | 156 “Obligated entity", a person or entity that sells natural gas to end-use customers. |
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186 | 186 | | 157 “Qualified investment”, any capital investment in gas delivery infrastructure or |
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187 | 187 | | 158renewable thermal infrastructure incurred by a natural gas utility for the purpose of providing |
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188 | 188 | | 159natural gas service or useful thermal energy from a renewable thermal resource while complying |
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189 | 189 | | 160with the renewable heating standard. Qualified investments include costs of procurement of 9 of 17 |
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190 | 190 | | 161qualified renewable heating fuels or useful thermal energy from a renewable thermal resource |
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191 | 191 | | 162from third parties that contribute to the obligated entity meeting the targets set forth in this |
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192 | 192 | | 163chapter. Qualified investments for qualified renewable heating fuels also include (i) a facility or |
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193 | 193 | | 164any part of the equipment located at a facility that is used to create, gather and process biogas |
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194 | 194 | | 165into renewable natural gas; inject renewable natural gas into an existing natural gas pipeline; or |
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195 | 195 | | 166determine the constituents of renewable natural gas before the injection of the renewable natural |
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196 | 196 | | 167gas into an existing natural gas pipeline; or (ii) a facility or part of equipment located at a facility |
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197 | 197 | | 168that is used to create, gather, methane or inject renewable hydrogen into an existing natural gas |
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198 | 198 | | 169pipeline. |
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199 | 199 | | 170 “Qualified renewable heating fuels”, renewable natural gas, renewable hydrogen, and |
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200 | 200 | | 171renewable propane. |
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201 | 201 | | 172 “Renewable heating standard” or “standard”, the required percentage reduction in carbon |
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202 | 202 | | 173intensity described in subsection (a) of section 2. |
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203 | 203 | | 174 “Renewable hydrogen”, hydrogen produced with electricity generated from renewable |
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204 | 204 | | 175energy systems. Renewable energy systems include those that generate electric or thermal energy |
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205 | 205 | | 176through the use of solar thermal, photovoltaics, wind, hydroelectric, geothermal electric, |
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206 | 206 | | 177geothermal ground source heat, biogas produced by the anaerobic digestion or fermentation of |
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207 | 207 | | 178biodegradable materials, tidal energy, wave energy, ocean thermal and fuel cells that do not |
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208 | 208 | | 179utilize a fossil fuel resource. |
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209 | 209 | | 180 “Renewable natural gas”, pipeline quality gas derived from any combination of biogas, |
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210 | 210 | | 181biomass, the methanation of hydrogen and waste carbon dioxide, or the thermal gasification of 10 of 17 |
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211 | 211 | | 182sustainable feedstocks,where the use of the fuel results in lower lifecycle greenhouse gas |
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212 | 212 | | 183emissions than geologic natural gas. |
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213 | 213 | | 184 “Renewable propane” derived from any combination of the creation of renewable liquid |
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214 | 214 | | 185fuels and biogases, plant materials, cellulosic and anerobic digestion processes, and future |
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215 | 215 | | 186innovative blends or other recycled material processes, where the use of the fuel results in lower |
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216 | 216 | | 187lifecycle greenhouse gas emissions than geologic propane. |
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217 | 217 | | 188 “Renewable thermal district heating”, district heating relying primarily on useful thermal |
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218 | 218 | | 189energy from a renewable thermal resource. |
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219 | 219 | | 190 “Renewable thermal infrastructure”, infrastructure for the conversion or distribution of |
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220 | 220 | | 191thermal energy from a renewable thermal resource. |
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221 | 221 | | 192 “Renewable thermal resource”, any facility that generates useful thermal energy using: |
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222 | 222 | | 193(i) naturally occurring temperature differences in ground, air or water, via geothermal ground |
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223 | 223 | | 194loop, ambient water loop, air source heat pump or other technology; (ii) excess thermal energy, |
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224 | 224 | | 195also referred to as waste heat, from building energy systems or commercial processes; (iii) |
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225 | 225 | | 196sunlight; (iv) combined heat and power; or (v) energy efficient steam technology. |
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226 | 226 | | 197 “Useful thermal energy”, (i) energy in the form of direct heat, steam, hot water or another |
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227 | 227 | | 198thermal form that is used in production for which fuel or electricity would otherwise be |
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228 | 228 | | 199consumed; and (ii) beneficial measures for heating, cooling, humidity control, process use or |
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229 | 229 | | 200other valid thermal end use energy requirements for which fuel or electricity would otherwise be |
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230 | 230 | | 201consumed. 11 of 17 |
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231 | 231 | | 202 Section 2. (a) Beginning in compliance year 2027, each obligated entity shall reduce the |
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232 | 232 | | 203carbon intensity of gas delivered or transported annually by the obligated entity in the |
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233 | 233 | | 204Commonwealth by at least 2 percent. Beginning in compliance year 2030, each obligated entity |
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234 | 234 | | 205shall reduce the carbon intensity of gas delivered or transported annually by the obligated entity |
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235 | 235 | | 206in the Commonwealth by at least 7.5 percent. Beginning in compliance year 2035, each obligated |
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236 | 236 | | 207entity shall reduce the carbon intensity of gas delivered or transported annually by the obligated |
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237 | 237 | | 208entity in the Commonwealth by at least 20 percent, continuing thereafter. |
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238 | 238 | | 209 (b) If the department determines that achievement of the renewable heating standards has |
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239 | 239 | | 210adversely impacted the affordability of gas LDC customer bills, the department may temporarily |
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240 | 240 | | 211suspend compliance for the next compliance year immediately following the determination. |
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241 | 241 | | 212 (c) The department shall review whether adjustments to the renewable heating standards |
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242 | 242 | | 213for the following 2 compliance years are necessary to ensure that the increase in customer bills |
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243 | 243 | | 214remains affordable. This review shall assess the total incremental annual cost to meet the |
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244 | 244 | | 215renewable heating standards, including accounting for (i) any value received by a natural gas |
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245 | 245 | | 216utility upon any resale of eligible resources, such as any environmental credits or other credits |
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246 | 246 | | 217associated with environmental attributes; and (ii) any savings achieved through avoidance of |
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247 | 247 | | 218conventional gas purchases or development, such as avoided pipeline costs or carbon costs. |
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248 | 248 | | 219 (d) The department may adjust prospective compliance year targets described in |
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249 | 249 | | 220subsection (a); provided, however, that the cumulative annual percentage of natural gas sold |
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250 | 250 | | 221shall comply with the 2035 target. |
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251 | 251 | | 222 (e) If the department determines that there are not enough eligible resources to meet the |
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252 | 252 | | 223targets identified in subsection (a) within the constraints of subsections (b) to (d), inclusive, the 12 of 17 |
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253 | 253 | | 224department may recommend natural gas utilities develop qualified investments sufficient to meet |
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254 | 254 | | 225the targets. |
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255 | 255 | | 226 (f) The department shall ensure that the reductions in carbon intensity in subsection (a) |
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256 | 256 | | 227are consistent with Section 3A of Chapter 21N. |
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257 | 257 | | 228 Section 3. (a) Compliance of an obligated entity with the renewable heating standard may |
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258 | 258 | | 229be demonstrated through: (i) sale of qualified renewable heating fuels or useful thermal energy |
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259 | 259 | | 230from a renewable thermal resource and their associated environmental attributes to customers in |
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260 | 260 | | 231Massachusetts;(ii) procurement of environmental attributes by obligated entities representing |
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261 | 261 | | 232qualified GHG emissions reductions in a system of record designated by the department (iii) |
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262 | 262 | | 233payment of alternative compliance payments to the renewable heating solutions development |
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263 | 263 | | 234fund established in section 2PPPPP of chapter 29; or (iv) any combination of qualified renewable |
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264 | 264 | | 235heating fuel procurement, renewable thermal resource procurement, environmental attribute |
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265 | 265 | | 236procurement, or alternative compliance payments.. The commissioner shall promulgate rules and |
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266 | 266 | | 237regulations for the payment of alternative compliance payments. |
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267 | 267 | | 238 (b) To procure environmental attributes an obligated entity’s production source shall be |
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268 | 268 | | 239certified by the department as using eligible resources. Use of eligible resources shall be |
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269 | 269 | | 240evidenced by reports issued by the commissioner of energy resources. |
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270 | 270 | | 241 (c) In meeting the obligations of the renewable heating standards, to the extent feasible |
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271 | 271 | | 242and consistent with state and federal law, all investments, projects and activities undertaken |
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272 | 272 | | 243pursuant to this chapter by any person or the department shall provide employment opportunities |
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273 | 273 | | 244for all segments of the population and workforce, including minority-owned and female-owned |
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274 | 274 | | 245business enterprises, and utilize labor and materials within the commonwealth to ensure the 13 of 17 |
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275 | 275 | | 246environmental benefits of avoided carbon emissions are not diminished by emissions associated |
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276 | 276 | | 247with the transportation of labor or materials. The investments, projects and activities shall not |
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277 | 277 | | 248discriminate based on race or socioeconomic status. |
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278 | 278 | | 249 (d) The commissioner of energy resources shall promulgate rules and regulations for the |
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279 | 279 | | 250implementation of the renewable heating standards on or before July 1, 2025. The rules and |
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280 | 280 | | 251regulations shall include, but be limited to, provisions for: |
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281 | 281 | | 252 (i) verification of eligibility and production of eligible resources, as well as the energy |
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282 | 282 | | 253content of qualified renewable heating fuels and useful thermal energy from a renewable thermal |
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283 | 283 | | 254resource, including requirements to notify the department in the event of a change in status, |
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284 | 284 | | 255monitor qualified facilities to ensure annual average energy content matches the expected |
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285 | 285 | | 256generation of environmental attributes; |
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286 | 286 | | 257 (ii) certification of eligible resources by issuing statements of qualification within 90 days |
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287 | 287 | | 258of application, including prospective reviews for applicants seeking to determine whether a |
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288 | 288 | | 259facility would be eligible; |
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289 | 289 | | 260 (iii) annual compliance filings to be made by all obligated entities within 1 month after |
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290 | 290 | | 261tracking system data is available for the fourth quarter of each calendar year; provided, that all |
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291 | 291 | | 262obligated entities shall cooperate with the department in providing data necessary to assess the |
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292 | 292 | | 263magnitude of obligation and verify the compliance of all obligated entities; |
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293 | 293 | | 264 (iv) sanctions for obligated entities that, after investigation, have been found to fail to |
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294 | 294 | | 265reasonably comply with the renewable heating standards or department rules and regulations; |
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295 | 295 | | 266provided, that no sanction or penalty shall relieve or diminish an obligated entity from liability |
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296 | 296 | | 267for fulfilling any shortfall in its compliance obligation; provided further, that no sanction shall be 14 of 17 |
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297 | 297 | | 268imposed if compliance is achieved through alternative compliance payments; provided further, |
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298 | 298 | | 269that the department may suspend or revoke the certification of eligible resources that provide |
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299 | 299 | | 270false information or fail to notify the department in the event of a change in eligibility status or |
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300 | 300 | | 271otherwise comply with department rules; and provided further, that financial penalties resulting |
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301 | 301 | | 272from sanctions from obligated entities shall not be recoverable in rates; |
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302 | 302 | | 273 (v) mechanisms for the purposes of easing compliance burdens, facilitating bringing new |
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303 | 303 | | 274eligible resources on-line and avoiding or mitigating conflicts with state-level source disclosure |
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304 | 304 | | 275requirements and green marketing claims throughout the region; provided, that mechanisms shall |
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305 | 305 | | 276allow obligated entities to demonstrate compliance over a compliance year and bank excess |
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306 | 306 | | 277compliance for 2 subsequent compliance years, capped at 20 percent of the current year's |
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307 | 307 | | 278obligation; and |
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308 | 308 | | 279 (vi) public reporting on the status of the implementation of standards, including the |
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309 | 309 | | 280comparative use of environmental attributes and alternative compliance payments and the |
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310 | 310 | | 281amount of rate increases authorized by the standards. |
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311 | 311 | | 282 Section 4. The commission shall adopt regulations authorizing cost recovery by natural |
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312 | 312 | | 283gas local distribution companies of all prudent incremental costs arising from the implementation |
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313 | 313 | | 284of the renewable heating standards, including, without limitation: (i) the purchase of qualified |
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314 | 314 | | 285renewable heating fuels or useful thermal energy from renewable thermal resources or |
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315 | 315 | | 286environmental attributes or the payment of alternative compliance payments; (ii) required |
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316 | 316 | | 287payments to support assessments for compliance purposes; (iii) the incremental costs of |
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317 | 317 | | 288complying with energy source disclosure requirements; (iv) qualified infrastructure investments |
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318 | 318 | | 289or other activities that will grow the supply and utilization of qualified renewable heating fuels 15 of 17 |
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319 | 319 | | 290and useful thermal energy from renewable thermal resources and provide environmental benefits |
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320 | 320 | | 291to the commonwealth, including approval of investment in conditioning, injection and |
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321 | 321 | | 292distribution infrastructure, such as extending the transmission or distribution system for the |
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322 | 322 | | 293purpose of interconnection with a qualified facility; (v) making a financial investment for the |
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323 | 323 | | 294purposes of interconnecting a qualified facility or otherwise ensuring that gas created by the |
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324 | 324 | | 295facility can be delivered to customers in accordance with statutory requirements for injection, |
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325 | 325 | | 296compression, quality, and safety or other department or federal regulatory requirements; (vi) |
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326 | 326 | | 297participating in a state or federal renewable energy program or project, if participation by the |
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327 | 327 | | 298natural gas local distribution company (1) consists of the purchase or sale of gas produced or |
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328 | 328 | | 299environmental attributes and (2) results in a reduction of the cost of gas produced to the |
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329 | 329 | | 300company’s customers; (vii) providing customers with the option to purchase gas produced from a |
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330 | 330 | | 301qualified investment, with or without environmental attributes, directly from the natural gas local |
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331 | 331 | | 302distribution company; (viii) any other activity that develops qualified renewable heating fuel |
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332 | 332 | | 303sources or renewable thermal resources, advances the sale of qualified renewable heating fuel |
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333 | 333 | | 304sources or renewable thermal resources, or promotes the diversification in energy supply within |
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334 | 334 | | 305the commonwealth to advance the commonwealth’s environmental or climate goals; and (ix) |
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335 | 335 | | 306geothermal district heating investments. Costs may be recovered by means of an automatic |
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336 | 336 | | 307adjustment clause or any other recovery mechanism authorized by rule. Costs incurred from |
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337 | 337 | | 308clause ix may be recovered from customers receiving heating and cooling services as a result of |
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338 | 338 | | 309said investment, or from gas delivery customers, until such time as a class of geothermal district |
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339 | 339 | | 310heating customers can be established by the commission. Once a class of geothermal district |
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340 | 340 | | 311heating customers has been established, the commission shall investigate the appropriate cost 16 of 17 |
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341 | 341 | | 312allocation and recovery of any geothermal district heating investments made prior to the |
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342 | 342 | | 313establishment of the class. |
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343 | 343 | | 314 Section 5. The department shall conduct a qualified renewable heating fuels inventory, |
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344 | 344 | | 315which shall include: |
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345 | 345 | | 316 (i) a list of the existing eligible resources, including the location, an estimate of lifecycle |
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346 | 346 | | 317greenhouse gas emissions and an assessment of supply chain infrastructure associated with each |
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347 | 347 | | 318eligible resource; |
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348 | 348 | | 319 (ii) a list of the potential qualified renewable heating fuel sources, including the estimated |
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349 | 349 | | 320potential production quantities and energy content of sources; |
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350 | 350 | | 321 (iii) discussion of the best use or uses for potential qualified renewable heating fuel |
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351 | 351 | | 322sources, taking into account estimated lifecycle greenhouse gas emissions, costs and whether the |
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352 | 352 | | 323potential source can be used to address local gas or electric constraints; and |
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353 | 353 | | 324 (iv) a description of the technologies available for use at each potential qualified |
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354 | 354 | | 325renewable heating fuel source, including estimates from qualified renewable heating fuel |
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355 | 355 | | 326sources, small renewable energy generating facilities, as defined in section 143 of chapter 164, |
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356 | 356 | | 327renewable energy facilities that would be otherwise curtailed, or renewable energy generating |
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357 | 357 | | 328sources, as defined in subsection (b) of section 11F of chapter 25A, |
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358 | 358 | | 329 Section 6. The department shall research and determine gas quality standards for the |
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359 | 359 | | 330injection of renewable natural gas, renewable hydrogen and any other resources qualifying for |
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360 | 360 | | 331the renewable heating standards into the common carrier pipeline system. The purpose of the |
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361 | 361 | | 332standards shall be to identify acceptable levels of constituents of concern for safety and 17 of 17 |
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362 | 362 | | 333environmental purposes, including ensuring pipeline integrity, while providing reasonable and |
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363 | 363 | | 334predictable access to pipeline transmission and distribution facilities. The department shall |
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364 | 364 | | 335consult industry groups and neighboring jurisdictions, and identify industry best practices in |
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365 | 365 | | 336establishing the standards. |
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366 | 366 | | 337 Section 7. The department may review and approve siting of renewable hydrogen |
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367 | 367 | | 338production and delivery facilities and infrastructure. |
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368 | 368 | | 339 SECTION 6. The credit established in subsection (y) of section 6 of chapter 62 shall be |
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369 | 369 | | 340available in tax years 2024, 2025, 2026, 2027, and 2028. |
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370 | 370 | | 341 SECTION 7. The gas quality standards established in section 6 of chapter 164C shall take |
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371 | 371 | | 342effect not later than July 1, 2025. |
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