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SENATE DOCKET, NO. 2468 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 2282
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Dylan A. Fernandes
_________________
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 advancing the clean energy transition.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Dylan A. FernandesPlymouth and BarnstableSteven Owens29th Middlesex2/24/2025 1 of 15
SENATE DOCKET, NO. 2468 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 2282
By Mr. Fernandes, a petition (accompanied by bill, Senate, No. 2282) of Dylan A. Fernandes and
Steven Owens for legislation to create new divisions with the Division of Energy Resources to
advance clean energy transition. Telecommunications, Utilities and Energy.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act advancing the clean energy transition.
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. Section 2 of chapter 25A of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking the second paragraph and inserting in place
3thereof the following paragraph:-
4 There shall be within the department: (i) a division of energy efficiency, which shall
5work with the department of public utilities regarding energy efficiency programs; (ii) a division
6of renewable and alternative energy development, which shall oversee and coordinate activities
7that seek to maximize the installation of renewable and alternative energy generating sources that
8will provide benefits to ratepayers, advance the production and use of biofuels and other
9alternative fuels as the division may define by regulation and administer the renewable portfolio
10standard and the alternative portfolio standard; (iii) a division of green communities, which shall
11serve as the principal point of contact for local governments and other governmental bodies
12concerning all matters under the jurisdiction of the department of energy resources, excluding 2 of 15
13matters involving the siting and permitting of small clean energy infrastructure facilities; (iv) a
14division of clean energy siting and permitting, which shall establish standard conditions, criteria
15and requirements for the siting and permitting of small clean energy infrastructure facilities by
16local governments and provide technical support and assistance to local governments, small
17clean energy infrastructure facility project proponents and other stakeholders impacted by the
18siting and permitting of small clean energy infrastructure facilities at the local government level;
19and (v) a division of clean energy procurement, which shall develop resource solicitation plans,
20administer procurements for clean energy generation and energy services and negotiate and
21manage contracts with clean energy generation and energy service facilities as required by
22section 21. Each division shall be headed by a director appointed by the commissioner and who
23shall be a person of skill and experience in the field of energy efficiency, renewable energy or
24alternative energy, energy regulation or policy and land use and planning, respectively. The
25directors shall be the executive and administrative heads of their respective divisions and shall be
26responsible for administering and enforcing the law relative to their division and to each
27administrative unit thereof under the supervision, direction and control of the commissioner. The
28directors shall serve at the pleasure of the commissioner, shall receive such salary as may be
29determined by law and shall devote full time during regular business hours to the duties of the
30office. In the case of an absence or vacancy in the office of a director or, in the case of disability
31as determined by the commissioner, the commissioner may designate an acting director to serve
32as director until the vacancy is filled or the absence or disability ceases. The acting director shall
33have all the powers and duties of the director and shall have similar qualifications as the director.
34 SECTION 2. Section 6 of said chapter 25A is hereby amended by inserting after
35subsection (14) the following subsection: 3 of 15
36 (15) develop resource solicitation plans, conduct procurements pursuant to such plans as
37approved by the department of public utilities and negotiate and execute contracts with clean
38energy generation and energy services providers pursuant to section 21.
39 SECTION 3. Section 21 of said chapter 25A is hereby further amended by repealing
40subsections (k) through (o), inclusive.
41 SECTION 4. Said chapter 25A is hereby further amended by adding the following
42section:-
43 Section 22. (a) As used in this section, the following words shall have the following
44meanings unless the context clearly requires otherwise:
45 “Clean energy generation”, electrical energy output, or that portion of the electrical
46energy output, excluding any electrical energy utilized for parasitic load of a clean existing
47generation unit, that qualifies under clean energy standard regulations established pursuant to
48subsection (c) of section 3 of chapter 21N.
49 “Clean energy solicitation”, a competitive solicitation for clean energy associated
50environmental attributes or energy services completed by the department conducted pursuant to
51this section.
52 “Distribution company”, a distribution company as defined in section 1 of chapter 164.
53 “Energy services”, operation of infrastructure that increases the deliverability or
54reliability of clean energy generation or reduces the cost of clean energy generation, including,
55but not limited to, transmission, energy storage and demand response technologies. 4 of 15
56 “Environmental attributes”, all present and future attributes under any and all
57international, federal, regional, state or other law or market, including, but not limited to, all
58credits or certificates that are associated, either now or by future action, with unit specific clean
59energy generation, including, but not limited to, those provided for in regulations promulgated
60pursuant to subsection (c) of section 3 of chapter 21N and sections 11F and 17.
61 “Long-term contract” a contract for a period of not more than 20 years.
62 (b) Notwithstanding any general or special law to the contrary, in order to maximize the
63commonwealth’s ability to achieve compliance with limits and sublimits established pursuant to
64sections 3 and 3A of chapter 21N, the department shall investigate the necessity, benefits and
65risks of solicitations for environmental attributes or energy services, competitively solicit for
66environmental attributes or energy services established pursuant to said sections 3 and 3A of said
67chapter 21N and may negotiate and enter into long-term contracts for such environmental
68attributes or energy services.
69 (c) Not less than every 3 years, the department shall publish a resource solicitation plan,
70which shall include, but not be limited to: (i) a description of the clean energy generation needs
71sufficient to maximize the commonwealth’s ability to achieve compliance with limits and
72sublimits established pursuant to sections 3 and 3A of chapter 21N, including resource
73generation type, nameplate capacity amounts and commercial operation dates for new resources;
74(ii) a schedule recommendation for clean energy solicitations that the department will conduct
75within the next 3 years; (iii) economic development objectives and requirements for the clean
76energy solicitations; (iv) a mechanism for the distribution companies to recover the costs
77associated with long-term contracts for clean energy associated environmental attributes or 5 of 15
78energy services entered into by the department under this section, including any administrative
79costs to support the department’s requirements under this section; and (v) a review of the
80previous clean energy solicitations, if applicable. The department shall consult with the
81department of public utilities and attorney general’s office in the development of this resource
82plan in advance of publishing it. Any ex parte rules established by the department of public
83utilities shall not apply to this consultation process.
84 (d) The department shall file the resource solicitation plan and its recommendations with
85the department of public utilities. The department of public utilities shall review the resource
86solicitation plan and recommendations to determine whether the resource solicitation plan is a
87reasonable, appropriate and cost-effective mechanism to achieve the goals of this section. The
88department of public utilities shall approve, approve with modifications or reject the plan within
897 months of submission. Upon approval of the resource solicitation plan, the department of
90public utilities shall require the distribution companies to jointly propose tariffs consistent with
91the approved resource solicitation plan to recover costs associated with all contracts pursuant to
92this section not later than 3 months following the approval; provided, however, that the
93distribution companies shall not receive any remuneration, benefit or fee to compensate for costs
94associated with such contracts. The tariffs shall apportion costs associated with the contracts to
95be recovered from ratepayers among the distribution companies.
96 (e) The method for the clean energy solicitations shall be proposed by the department and
97shall utilize a competitive bidding process. The department shall consult with the attorney
98general regarding the choice of solicitation methods. The department may coordinate any
99solicitation under this section with other states, municipal light plants or other governmental and
100non-governmental organizations; provided, however, that the department shall describe any 6 of 15
101impacts coordination may have on the solicitation, including any impacts to nameplate capacity
102amounts or quantities of clean energy generation attributes sought in its solicitation. After notice
103and the opportunity for public comment, the department shall proceed with the clean energy
104solicitation. The department may competitively solicit proposals for long-term contracts for: (i)
105environmental attributes from clean energy generation; or (ii) energy services contracts. The
106department may consult with other states, federal agencies and regional organizations, including,
107but not limited to, ISO New England Inc. or its successor; provided, however, that reasonable
108proposals have been received, the department shall make or cause to be made filings as necessary
109through the appropriate jurisdictional mechanism and enter into long-term contracts that are
110consistent with the roadmap plans published pursuant to chapter 21N.
111 (f) The department shall propose draft contracts and take all reasonable actions to
112structure the contracts, pricing or administration of the products purchased under this section to
113contribute towards achieving compliance with limits and sublimits established pursuant to
114sections 3 and 3A of chapter 21N in a cost-effective manner that minimizes rate-payer impacts.
115 (g) Long-term contracts executed pursuant to this section shall be subject to the approval
116of the department of public utilities. The department of public utilities shall consider the
117potential costs and benefits of the proposed long-term contract and shall approve a long-term
118contract if the department finds that the contract is cost-effective and consistent with the
119roadmap plans published pursuant to chapter 21N, taking into account the factors outlined in this
120section, consistency with the approved resource solicitation plan and the department’s
121recommendations. The department of public utilities shall complete its review of long-term
122contracts submitted for its approval not later than 90 days after the contracts are filed by the
123department of energy resources. 7 of 15
124 (h) The department may retire any environmental attributes purchased pursuant to
125approved long-term contracts under this section on behalf of the commonwealth to be used
126toward satisfying compliance with the limits and sublimits established pursuant to sections 3 and
1273A of chapter 21N and any regulations or programs established pursuant to sections 3 and 6 of
128said chapter 21N or sections 11F and 17. If any retired environmental attributes are eligible
129under a clean, renewable, clean peak or other energy portfolio standard established by the
130department or the department of environmental protection, the portfolio standard minimum
131obligations of suppliers subject to such standards may be reduced in proportion to any eligible
132environmental attributes retired pursuant to this section, subject to the discretion of the
133department and the department of environmental protection.
134 (i) There shall be a separate, non-budgeted special revenue fund known as the central
135procurement fund, which shall be administered by the department, without further appropriation,
136for funding long-term contracts consistent with this section. The fund shall be credited with: (i)
137funds or revenue collected by distribution companies pursuant to a tariff approved by the
138department of public utilities in furtherance of the objectives and requirements of this section;
139(ii) revenue from appropriations or other money authorized by the general court and specifically
140designated to be credited to the fund; (iii) interest earned on such funds or revenues; (iv) bid fees
141collected by the department from participants in clean energy solicitations conducted pursuant to
142this section; (v) other revenue from public and private sources, including gifts, grants and
143donations; and (vi) any funds provided from other sources. All amounts credited to the fund shall
144be used solely for activities and expenditures consistent with the public purposes of this section,
145including the ordinary and necessary administrative and personnel expenses of the department
146related to the administration and operation of the fund and performance of the duties established 8 of 15
147by this section. Revenues deposited in the fund that are unexpended at the end of a fiscal year
148shall not revert to the General Fund and shall be available for expenditure in the following fiscal
149year. No expenditure made from the fund shall cause the fund to be in deficit at any point.
150 (j) A request for proposal or solicitation under this section shall include:
151 (i) documentation reflecting the applicant’s demonstrated commitment to workforce or
152economic development within the commonwealth;
153 (ii) a statement of intent concerning efforts that the applicant and its contractors and
154subcontractors will make to promote workforce or economic development through the project;
155 (iii) documentation reflecting the applicant’s demonstrated commitment to expand
156workforce diversity, equity and inclusion in its past projects within the commonwealth;
157 (iv) documentation as to whether the applicant and its contractors and subcontractors
158participate in a state or federally certified apprenticeship program and the number of apprentices
159the apprenticeship program has trained to completion for each of the last 5 years;
160 (v) a statement of intent concerning how or if the applicant and its contractors and
161subcontractors intend to utilize apprentices on the project;
162 (vi) documentation relative to the applicant and its contractors and subcontractors
163regarding their history of compliance with chapters 149, 151, 151A, 151B and 152, 29 U.S.C. §
164201, et seq. and applicable federal antidiscrimination laws;
165 (vii) documentation that the applicant and its contractors and subcontractors are currently,
166and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152, 29 U.S.C. § 201,
167et seq. and applicable federal anti-discrimination laws for the duration of the project; 9 of 15
168 (viii) documentation of the applicant’s history with picketing, work stoppages, boycotts
169or other economic actions against the applicant and a description or plan on how the applicant
170intends to prevent or address such actions; and
171 (ix) documentation relative to whether the applicant and its contractors have been found
172in violation of state or federal safety regulations in the previous 10 years.
173 The department may require a wage bond or other comparable form of insurance in an
174amount to be set by the department to ensure compliance with law, certifications or department
175obligations.
176 (k) A proposal or solicitation issued by the department shall notify applicants that
177applicants shall be disqualified from the project if the applicant has been debarred by the federal
178government or commonwealth for the entire term of the debarment.
179 (l) An applicant shall, in a timely manner, provide documentation and certifications as
180required by law or otherwise directed by the department. Incomplete or inaccurate information
181may be grounds for disqualification, dismissal or other action deemed appropriate by the
182department.
183 (m) Applicants that demonstrate compliance with sections 26 to 27F, inclusive, of chapter
184149 and the use of state or federally certified apprenticeship programs, shall receive added
185weight in clean energy solicitations under subsection (e).
186 SECTION 5. Said Chapter 25A is hereby amended by inserting after Section 17 a new
187section as follows: 10 of 15
188 Section 17A: (a) The department of energy resources may develop a statewide energy
189storage incentive program to encourage the continued development of energy storage resources
190connected to the electric distribution system throughout the commonwealth. The department
191shall, after notice and the opportunity for public comment, promulgate rules and regulations
192implementing an energy storage incentive program which: (i) promotes the orderly transition to a
193stable and self-sustaining energy storage market at a reasonable cost to ratepayers; (ii) considers
194underlying system costs, including but not limited to storage costs, balance of system costs,
195installation costs and soft costs; (iii) takes into account any federal or state incentives; (iv)
196minimizes direct and indirect program costs and barriers; (v) considers environmental benefits,
197energy demand reduction, distribution system benefits and other avoided costs provided by
198energy storage resources; (vi) encourages energy storage resource deployment where it can
199provide benefits to the distribution system; (vii) ensures that the costs of the program are shared
200collectively among all ratepayers of the distribution companies; and (viii) promotes stakeholder
201confidence through long-term incentive revenue certainty and market stability.
202 (b) Attributes, as defined by the department of energy resources, of the energy storage
203resources receiving incentives pursuant to this section shall be eligible for use by retail electric
204suppliers pursuant to their obligations pursuant to said section 17 of said chapter 25A.
205 (c) The department may hire additional staff to implement said energy storage incentive
206program. These positions may be funded from one or more sources including but not limited to
207the following: (i) appropriation, (ii) grants, or (iii) receipts of alternative compliance payments
208made pursuant to section 17 of chapter 25A of the general laws. 11 of 15
209 SECTION 6. Chapter 25A of the General Laws, as appearing in the 2022 Official
210Edition, is hereby amended by adding the following section:
211 Section 23. The department shall utilize programs established pursuant to section 11 of
212Chapter 75 of the Acts of 2016 and authority granted under Section 4 of this Act to achieve a
213minimum goal of 10 gigawatts (GW) of solar measured in alternating current (AC) deployed in
214the commonwealth by 2035. The secretary shall ensure that annual solar deployment in the
215commonwealth increases at a pace sufficient to meet the 2050 statewide emissions limit of net
216zero greenhouse gas emissions established by the secretary on December 21, 2022.
217 SECTION 7: Section 92B of Chapter 164 of the General Laws is hereby amended by
218inserting the following subsection after subsection (e):
219 (f) Any submission to the department of a capital investment project proposal under the
220provisional program, as established by the department in 2021 and extended by the department in
221its electric sector modernization plan approval in 2024, shall be approved, denied, or approved
222with modifications by the department within 120 days of its submission.
223 SECTION 8. Chapter 164 of the General Laws is hereby amended by inserting after
224section 92C the following section:
225 Section 92D. (a) The department shall establish an office of a distributed generation and
226clean energy ombudsperson to, at a minimum, facilitate the efficient interconnection of
227distributed generation and implementation of proactive long-term system planning and cost
228allocation for interconnection of distributed generation. The office of the ombudsperson shall be
229staffed by a distributed generation and clean energy ombudsperson, a deputy ombudsperson, and
230two or more individuals, one of whom shall be an expert in the standards for interconnection of 12 of 15
231distributed generation tariff and related department precedent and one of whom shall be an
232expert in technical solutions and standards for interconnecting distributed generation customers.
233The department shall develop a table of civil penalties that the ombudsperson may recommend
234that the department impose upon a finding that a distribution company has intentionally or
235negligently violated a rule, regulation or tariff provision, or that the company has exhibited a
236pattern or history of violating such rule, regulation or tariff provisions. In considering penalties
237under this section, the ombudsperson and the department shall consider the severity of the
238violation, the financial impact upon the distribution customer or customers, the distribution
239company’s history of violations, the sufficiency of the distribution company’s customer service
240relevant to the dispute, and other relevant factors at the discretion of the ombudsperson. The
241department may direct that all or a portion of a penalty take the form of restitution to be paid to
242an affected distribution customer.
243 (b) Distributed generation interconnection working groups, for the purpose of considering
244improvements to interconnection tariffs and interconnection technical standards and processes,
245are essential to meeting the Commonwealth’s clean energy goals. To facilitate effective
246utilization of distributed generation interconnection working groups, the office of the
247ombudsperson shall develop a detailed process for stakeholder working groups in the
248Commonwealth dedicated to the interconnection of distributed generation to submit to the
249department and have considered consensus and non-consensus findings. This process shall
250include an expedited track for consensus findings. The department or the office of the
251ombudsperson shall act on each submission within six months.
252 (c) The department shall direct the distribution companies to contract with a third-party to
253assist in administrative facilitation of stakeholder working groups in the Commonwealth 13 of 15
254dedicated to the interconnection of distributed generation. The hiring process shall be conducted
255by the Chairs and Vice Chairs of the working groups. The facilitator shall assist the working
256groups with agendas, meeting minutes, website maintenance, establishing and revising operating
257procedures and bylaws, coordinating written information exchanges and developing summary
258informational packages for submission to the department. The contract with the third-party
259facilitator must clearly indicate that the relationship of the facilitator with the working groups
260shall be managed by the Chairs and Vice Chairs of the working groups.
261 (d) The department shall provide a process for working groups in the Commonwealth
262dedicated to the interconnection of distributed generation to fund the engagement of consultants
263for support discussion of substantive topics.
264 (e) To support interconnection of distributed energy resources by diminishing the risk to
265interconnecting customers of multi-year interest carrying costs associated with interconnection
266deposits and in furtherance of the Commonwealth’s clean energy mandates, effective
267immediately, the electric distribution companies shall accept a surety bond or letter of credit in
268lieu of cash, at the discretion of the interconnecting customer, for common system modification
269payments required under an interconnection service agreement to commence construction of
270required electric power system upgrades.
271 (f) Flexible interconnection is a process by which an electric distribution company
272provides an alternative interconnection solution to a distributed generation facility allowing for
273interconnection based on an agreed upon curtailment schedule. In recognition that flexible
274interconnection is likely to provide opportunity for reduced interconnection costs, expedited
275interconnection process, and increased network utilization, the department shall direct the 14 of 15
276electric distribution companies to develop a proposal for a flexible interconnection program to be
277established in the Commonwealth. The electric distribution companies shall file a proposed
278model tariff provision or tariff revision with the department to implement a uniform program for
279flexible interconnection within six months of the effective date of this act. The department shall
280conduct a proceeding to investigate the flexible interconnection proposal, and within one year of
281the effective date of this act issue an order establishing a uniform flexible interconnection
282program.
283 (g) The electric distribution companies shall take the following procedural steps prior to
284filing a flexible interconnection program proposal with the department:
285 i. Convene a flexible interconnection stakeholder working group facilitated by one
286distributed generation industry member and one electric distribution company member and
287including (a) two representatives from each electric distribution company, (b) one or more
288representatives from each of the department of energy resources and the office of the attorney
289general, and (c) six representatives from the distributed generation industry.
290 ii. Attend and participate in bimonthly working group meetings.
291 iii. Present a draft joint model tariff provision or tariff revisions to the working group
292within three months of the effective date of this act.
293 iv. Accept written and oral comments on that draft and allow stakeholders to submit
294alternative language or proposed modifications.
295 v. Develop consensus language among that group, to the extent possible. 15 of 15
296 vi. Include in their filing with the Department any alternative proposal which is supported
297by six or more group members along with a summary and explanation of that proposal prepared
298by supportive group members.