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2 | 2 | | SENATE DOCKET, NO. 2088 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2290 |
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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 | | Adam Gomez |
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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 preventing gas expansion to protect climate, community health and safety. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Adam GomezHampdenJacob R. OliveiraHampden, Hampshire and Worcester2/11/2025Mike Connolly26th Middlesex2/11/2025Patricia D. JehlenSecond Middlesex2/20/2025 1 of 12 |
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16 | 16 | | SENATE DOCKET, NO. 2088 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2290 |
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18 | 18 | | By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2290) of Adam Gomez, Jacob R. |
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19 | 19 | | Oliveira, Mike Connolly and Patricia D. Jehlen for legislation to establish a moratorium on new |
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20 | 20 | | gas system expansion. Telecommunications, Utilities and Energy. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 2135 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act preventing gas expansion to protect climate, community health and safety. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 69J of said chapter 164, as so appearing, is hereby further amended |
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32 | 32 | | 2by inserting, at the end thereof the following: - |
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33 | 33 | | 3 No new gas facility or expansion of an existing gas facility, any part of which falls within |
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34 | 34 | | 4a 5 mile radius of an environmental justice neighborhood, shall be approved unless required for |
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35 | 35 | | 5the safety of the public. |
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36 | 36 | | 6 SECTION 2. Section 69K of said chapter 164, as so appearing, is hereby amended by |
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37 | 37 | | 7inserting, at the end thereof the following: - 2 of 12 |
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38 | 38 | | 8 No new gas facility, or expansion of an existing gas facility, any part of which falls |
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39 | 39 | | 9within a 5 mile radius of an environmental justice neighborhood, shall be granted a petition for a |
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40 | 40 | | 10certificate unless required for the safety of the public. |
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41 | 41 | | 11 SECTION 3. Section 69J ¼ of said chapter 164, as so appearing, is hereby amended by |
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42 | 42 | | 12inserting, at the end thereof the following: - |
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43 | 43 | | 13 No new gas generating facility or expansion of an existing gas generating facility, any |
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44 | 44 | | 14part of which falls within a 5 mile radius of an environmental justice neighborhood, shall be |
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45 | 45 | | 15approved. |
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46 | 46 | | 16 SECTION 4. Section 69K ½ of said chapter 164, as so appearing, is hereby amended by |
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47 | 47 | | 17inserting, at the end thereof the following: - |
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48 | 48 | | 18 No new gas generating facility or expansion of an existing gas generating facility, within |
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49 | 49 | | 19a 5 mile radius of an environmental justice community, shall be granted a petition for a |
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50 | 50 | | 20certificate. |
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51 | 51 | | 21 SECTION 5. Section 1E of Chapter 164 of the General Laws is hereby amended by |
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52 | 52 | | 22adding the following subsections after subsection (c):- |
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53 | 53 | | 23 (d) The department shall require each company engaged in the sale or distribution of gas |
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54 | 54 | | 24as part of performance-based ratemaking and biennially, as required by this act, to submit a just |
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55 | 55 | | 25transition plan, which must be approved by the department, to address workforce development, |
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56 | 56 | | 26maintenance, and attrition, and provide the following: |
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57 | 57 | | 27 (i) A detailed proposed chronology for projected energy supply and distribution in the |
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58 | 58 | | 28transition to net zero emissions to be set through performance-based ratemaking; 3 of 12 |
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59 | 59 | | 29 (ii) A detailed plan for the hire, retention, and training of a sufficient operations and |
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60 | 60 | | 30maintenance workforce through 2050, or until the complete retirement of its gas pipeline is |
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61 | 61 | | 31achieved, whichever is later, and which addresses the gas company’s operational plans to meet |
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62 | 62 | | 32the commonwealth’s net zero emissions goals while concurrently fulfilling this chapter’s |
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63 | 63 | | 33requirements to provide safe and reliable service as well as all other state and federal regulatory |
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64 | 64 | | 34requirements; |
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65 | 65 | | 35 (iii) Sufficient in-house staffing levels, in each relevant job classification and department |
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66 | 66 | | 36to ensure the safety and reliability of the gas company’s gas service through the effective time |
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67 | 67 | | 37period for which the performance-based rates have been sought and taking into account the gas |
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68 | 68 | | 38company’s projected schedule for adopting non-pipeline and other renewable energy alternatives |
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69 | 69 | | 39to natural gas and its obligations to maintain safe and reliable gas service to existing customers; |
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70 | 70 | | 40 (iv) Training and workforce development plans providing for gas company workforce |
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71 | 71 | | 41needs on residual natural gas as well as non-pipeline alternatives and other renewable energy |
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72 | 72 | | 42sources through the effective time period for which the performance-based rates have been |
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73 | 73 | | 43sought, including but not limited to, the generation and distribution infrastructure utilized to |
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74 | 74 | | 44replace and/or complement natural gas, whether by the gas company, its parent or subsidiary or |
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75 | 75 | | 45related corporation, a joint venture, or another company regulated by the department with |
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76 | 76 | | 46electric or other non-pipeline alternative or renewable energy service territory overlap with the |
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77 | 77 | | 47gas company; |
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78 | 78 | | 48 (v) Any and all mitigation measures proposed or implemented to address the impacts of |
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79 | 79 | | 49transition on the gas company’s workforce over the course of the time period in which the |
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80 | 80 | | 50performance-based rates remain in effect, including but not limited to, cross-training and hiring 4 of 12 |
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81 | 81 | | 51preferences at dual-fuel companies and joint ventures with non-pipeline alternative energy and/or |
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82 | 82 | | 52other renewable energy generators and distributors, early retirement incentives, and education |
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83 | 83 | | 53stipends for retraining; |
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84 | 84 | | 54 (vi) Any collective bargaining or other agreements reached with labor unions |
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85 | 85 | | 55representing the gas company’s in-house workforce and/or representing the workforce of outside |
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86 | 86 | | 56contractors to ensure a just workforce transition over the duration of the proposed performance- |
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87 | 87 | | 57based rates or until a full transition to net zero emissions is achieved; |
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88 | 88 | | 58 (vii) In the event of the gas company’s anticipated substantial, partial, or complete |
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89 | 89 | | 59cessation of gas operations in Massachusetts during the period in which performance-based |
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90 | 90 | | 60review is effective, the company must report the following to the department: |
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91 | 91 | | 61 (a) Means by which the gas company, and/or its parent corporation, intends to avoid |
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92 | 92 | | 62burdening the commonwealth, ratepayers, or taxpayers with the social welfare costs resulting |
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93 | 93 | | 63from such cessation; |
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94 | 94 | | 64 (b) Measures to ensure the solvency of the gas company pension system during and after |
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95 | 95 | | 65transition; |
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96 | 96 | | 66 (c) Measures to stem the displacement of gas company employees unemployed as a result |
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97 | 97 | | 67of transition from the Massachusetts energy sector; and |
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98 | 98 | | 68 (d) Any agreements developed with labor unions representing the gas company’s in- |
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99 | 99 | | 69house workforce and/or representing the workforce of outside contractors to ensure a just |
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100 | 100 | | 70workforce transition over the duration of the proposed performance-based rates. 5 of 12 |
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101 | 101 | | 71 This subsection shall apply to any distribution, transmission, and gas company organized |
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102 | 102 | | 72and doing business in the commonwealth pursuant to the provisions of chapter 164, including |
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103 | 103 | | 73any successor company engaged in dual-fuels, joint ventures with renewable energy generators |
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104 | 104 | | 74or distributors, or alternative energy companies. |
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105 | 105 | | 75 Nothing in this subsection shall prohibit or supplant the local distribution company’s |
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106 | 106 | | 76collective bargaining obligations relative to the National Labor Relations Act. |
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107 | 107 | | 77 SECTION 6. Chapter 164 of the General Laws is hereby amended by adding the |
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108 | 108 | | 78following section:- |
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109 | 109 | | 79 Section 149. Department program to ensure a just transition. |
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110 | 110 | | 80 (a) Definitions. For the purposes of this section, the following definitions shall apply: |
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111 | 111 | | 81 “Gas company” or “employer”, any local distribution company regulated under section 3 |
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112 | 112 | | 82of chapter 164 and distributing natural gas to ratepayers. |
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113 | 113 | | 83 “Dual-fuel company”, a company that distributes natural gas and one or more other forms |
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114 | 114 | | 84of energy to commercial, governmental, and/or residential ratepayers. |
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115 | 115 | | 85 “Alternative energy company”, a company that generates or distributes forms of energy |
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116 | 116 | | 86whose production and use results in the production of lower carbon emissions than conventional |
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117 | 117 | | 87natural gas or electric energy. |
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118 | 118 | | 88 “Commonwealth”, the Commonwealth of Massachusetts and/or its departments, offices, |
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119 | 119 | | 89agencies, political subdivisions, and quasi-public agencies, including, but not limited to, quasi- |
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120 | 120 | | 90public agencies subject to chapter 150A as appearing in chapter 760 of the acts of 1962, and any 6 of 12 |
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121 | 121 | | 91quasi-public independent entity and any authority or body politic and corporation established by |
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122 | 122 | | 92the general court to serve a public purpose. |
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123 | 123 | | 93 (b) Planning for Just Transition of Workforce. |
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124 | 124 | | 94 (1) Every gas company shall develop, and periodically amend, a comprehensive plan, as |
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125 | 125 | | 95set forth in Section 1E of Chapter 164, to be filed with the Department of Public Utilities for the |
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126 | 126 | | 96hire, retention, and training of a sufficient operations and maintenance workforce through 2050, |
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127 | 127 | | 97or until the complete retirement of its gas pipeline is achieved, whichever is later, addressing its |
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128 | 128 | | 98plans to meet the commonwealth’s net zero emissions goals and its plans to fulfill this chapter’s |
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129 | 129 | | 99requirements to provide safe and reliable service as well as all other state and federal regulatory |
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130 | 130 | | 100requirements. Such plan shall be amended biennially, beginning July 1, 2026, and shall also be |
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131 | 131 | | 101amended when the gas company files with the department requesting performance-based |
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132 | 132 | | 102ratemaking. |
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133 | 133 | | 103 In addition to provisions set forth by section 1 of this act, each company plan shall also |
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134 | 134 | | 104provide projections for any attrition among its in-house workforce and the utilization of outside |
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135 | 135 | | 105contractors over both the biennial period and over the course of its transition to net zero |
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136 | 136 | | 106emissions or its complete retirement of its gas pipeline, whichever is later. |
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137 | 137 | | 107 All dual-fuel companies must additionally provide, as part of their biennial plan, |
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138 | 138 | | 108provisions, opportunities, and initiatives to provide training and employment opportunities to |
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139 | 139 | | 109workers who may be displaced by the gas company’s compliance with the commonwealth’s net |
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140 | 140 | | 110zero emissions goals on the other forms of energy it distributes. This includes, but is not limited |
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141 | 141 | | 111to, any agreement reached with labor organizations representing employees at its gas or 7 of 12 |
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142 | 142 | | 112alternative fuel operations or labor organizations representing employees of its outside |
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143 | 143 | | 113contractors. |
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144 | 144 | | 114 (2) The department shall, when initiated sua sponte or by motion of the Attorney General, |
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145 | 145 | | 115initiate an investigation to determine the sufficiency of the gas company and/or dual-fuel |
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146 | 146 | | 116company’s plan with regard to meeting the commonwealth’s net zero emission requirements and |
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147 | 147 | | 117chapter 164’s reliability, safety, and staffing requirements. Such plans, and all back-up data upon |
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148 | 148 | | 118which the plans are based, shall be subject to disclosure to all intervening stakeholders during the |
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149 | 149 | | 119investigation. Upon good cause shown, back-up data may be subject to reasonable protective |
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150 | 150 | | 120treatment. |
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151 | 151 | | 121 (c) Funding for Training on Alternative Fuels. |
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152 | 152 | | 122 The Executive Office of Energy and Environmental Affairs and the Executive Office of |
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153 | 153 | | 123Labor and Workforce Development shall, joint and in collaboration, administer programs, |
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154 | 154 | | 124provide technical assistance, and develop regulations for a training fund to support the |
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155 | 155 | | 125establishment of apprenticeship programs to train gas and dual-fuel company employees on |
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156 | 156 | | 126alternative energy generation and distribution and raise the next generation of energy industry |
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157 | 157 | | 127workers in the commonwealth. |
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158 | 158 | | 128 Grants from the fund may be provided to gas and dual-fuel companies for the |
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159 | 159 | | 129development and execution of training their workforces on a competitive basis, based upon a |
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160 | 160 | | 130number of factors, including but not limited to, the company’s demonstrated commitment to (1) |
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161 | 161 | | 131retaining and repurposing its in-house gas workforce on dual-fuel or alternative energy |
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162 | 162 | | 132businesses, and (2) to maintaining high quality, long-term in-house employment opportunities in 8 of 12 |
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163 | 163 | | 133energy distribution. Labor organizations representing gas company workers and dual-fuel |
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164 | 164 | | 134company workers may also apply for funding. |
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165 | 165 | | 135 Alternative energy companies, including both generating or distributing companies, may |
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166 | 166 | | 136also apply for training grants from this fund to defray the cost of hiring and training workers |
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167 | 167 | | 137displaced by the commonwealth’s efforts to meet its net zero emissions goals. To qualify, |
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168 | 168 | | 138alternative energy companies must demonstrate that (1) they are developing and executing plans |
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169 | 169 | | 139for hiring, training, and retention that include a demonstrated commitment to training and hiring |
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170 | 170 | | 140gas company employees and other workers displaced by the commonwealth’s transition to net |
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171 | 171 | | 141zero emissions, (2) they have or are in the process of developing robust in-house training |
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172 | 172 | | 142programs in the commonwealth on alternative energy, and (3) they are committed to the creation |
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173 | 173 | | 143and maintenance of high quality, sustainable employment opportunities for displaced workers. |
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174 | 174 | | 144 SECTION 7. Chapter 23 of the General Laws, as appearing in the 2022 Official Edition, |
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175 | 175 | | 145is hereby amended by adding following section:- |
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176 | 176 | | 146 Section 26. Just Transition to Clean Energy. |
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177 | 177 | | 147 (a) Within the Executive Office of Labor and Workforce Development, there shall be a |
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178 | 178 | | 148Just Transition Office. The office shall ensure that workers employed in the energy sector who |
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179 | 179 | | 149are displaced due to efforts by the commonwealth or the private sector to reduce greenhouse gas |
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180 | 180 | | 150emissions or transition from fossil fuels to clean energy have access to employment and training |
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181 | 181 | | 151opportunities in clean energy industries and related fields. The office shall also work with clean |
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182 | 182 | | 152energy businesses to ensure they act as responsible employers to further the commonwealth’s |
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183 | 183 | | 153workforce and economic development goals. The office shall also work to increase access to 9 of 12 |
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184 | 184 | | 154employment and training opportunities in clean energy industries and related fields for residents |
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185 | 185 | | 155of environmental justice communities. |
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186 | 186 | | 156 (b) The Secretary of Labor and Workforce Development shall appoint the director of the |
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187 | 187 | | 157office. |
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188 | 188 | | 158 (c) There shall be a Just Transition Advisory Committee consisting of: (i) the director of |
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189 | 189 | | 159the just transition office; (ii) the secretary of labor and workforce development, or their designee; |
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190 | 190 | | 160(iii) the commissioner of the department of energy resources, or their designee; (iv) the secretary |
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191 | 191 | | 161of the executive office of energy and environmental affairs, or their designee; (v) a representative |
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192 | 192 | | 162of employers in the gas utility sector appointed by the governor; (vi) a representative of |
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193 | 193 | | 163employers in the electric power generation sector appointed by the governor; (vii) a |
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194 | 194 | | 164representative of employers in the renewable electricity sector appointed by the governor; (viii) a |
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195 | 195 | | 165representative of employers in the energy efficiency sector appointed by the governor; (ix) a |
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196 | 196 | | 166representative of employers in the clean transportation sector appointed by the governor; (x) a |
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197 | 197 | | 167representative of employers in the clean heating sector appointed by the governor; (xi) a |
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198 | 198 | | 168representative of employees in the gas utility sector appointed by the president of the |
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199 | 199 | | 169Massachusetts AFL-CIO; (xii) a representative of employees in the electric power generation |
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200 | 200 | | 170sector appointed by the president of the Massachusetts AFL-CIO; (xiii) two representatives of |
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201 | 201 | | 171employees in the clean energy sector appointed by the president of the Massachusetts AFL-CIO; |
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202 | 202 | | 172(xiv) a representative of employees in the transportation sector appointed by the president of the |
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203 | 203 | | 173Massachusetts AFL-CIO; (xv) the president of the Massachusetts Building Trades Council, or |
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204 | 204 | | 174their designee; and (xvi) two representatives of environmental justice communities appointed by |
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205 | 205 | | 175the secretary of the executive office of energy and environmental affairs. 10 of 12 |
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206 | 206 | | 176 (d) The committee shall be tasked with developing a just transition plan for the energy |
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207 | 207 | | 177sector that identifies workers currently employed in the sector by industry, trade, and job |
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208 | 208 | | 178classifications, and contains relevant information including, but not limited to, current wage and |
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209 | 209 | | 179benefit packages and current licensing, certification, and training requirements. The committee, |
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210 | 210 | | 180through the just transition plan, shall recommend education and training programs to enhance re- |
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211 | 211 | | 181employment opportunities within the energy sector, and services to support dislocated workers |
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212 | 212 | | 182displaced from jobs within the energy sector as a result of emissions-reducing policies and |
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213 | 213 | | 183advancements in clean energy technology. The just transition plan shall also recommend actions |
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214 | 214 | | 184to increase opportunities for residents of environmental justice communities to work in clean |
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215 | 215 | | 185energy industries. |
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216 | 216 | | 186 (e) The just transition plan shall include provisions to: |
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217 | 217 | | 187 (i) educate dislocated workers, in collaboration with employers of dislocated workers and |
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218 | 218 | | 188relevant labor unions, on re-employment or training opportunities; |
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219 | 219 | | 189 (ii) provide training, cross-training, and re-training to workers displaced by gas |
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220 | 220 | | 190infrastructure loss in the commonwealth’s local distribution companies and related businesses: |
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221 | 221 | | 191 (iii) address the workforce development challenges of the fossil fuel energy sector’s |
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222 | 222 | | 192shrinking workforce over the course of the commonwealth’s transition to a clean energy |
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223 | 223 | | 193economy; |
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224 | 224 | | 194 (iv) incentivize the hiring of displaced energy sector workers with utilities, clean energy |
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225 | 225 | | 195industries, and related industries; 11 of 12 |
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226 | 226 | | 196 (v) collaborate with the Massachusetts Clean Energy Center to ensure that training and |
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227 | 227 | | 197employment opportunities for displaced energy sector workers are included in their initiatives, |
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228 | 228 | | 198incentives, funding opportunities, and projects; |
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229 | 229 | | 199 (vi) collaborate with the department of public utilities and other agencies regulating the |
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230 | 230 | | 200energy sector within the commonwealth to coordinate just transition initiatives, complementing |
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231 | 231 | | 201the other regulatory priorities of those agencies; |
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232 | 232 | | 202 (vii) evaluate options for the establishment of a fund to implement the just transition plan |
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233 | 233 | | 203and its components, including potential sources for sustainable short-term and long-term |
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234 | 234 | | 204funding; |
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235 | 235 | | 205 (viii) develop requirements, including the submission of a workforce transition plan, for |
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236 | 236 | | 206energy sector employers that are closing a facility or significantly reducing their workforces as a |
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237 | 237 | | 207result of efforts by the commonwealth or the private sector to reduce greenhouse gas emissions |
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238 | 238 | | 208or transition from fossil fuels to clean energy; |
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239 | 239 | | 209 (ix) identify employers in the energy sector involved or likely to be involved in |
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240 | 240 | | 210transitional steps away from fossil fuels and establish requirements and procedures for |
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241 | 241 | | 211submissions of employee counts and classifications to the office; and |
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242 | 242 | | 212 (x) increase access to employment and training opportunities in clean energy industries |
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243 | 243 | | 213and related fields for residents of environmental justice communities. |
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244 | 244 | | 214 (f) Employers described in paragraph (ix) of subsection (e) shall submit a workforce |
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245 | 245 | | 215transition plan to the office. Workforce transition plans be subject to section 10 of chapter 66 of |
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246 | 246 | | 216the General Laws and shall include: 12 of 12 |
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247 | 247 | | 217 (i) the reasons for the workforce reduction or facility closure; |
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248 | 248 | | 218 (ii) the total number of workers by job classification and by geographic assignment |
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249 | 249 | | 219employed by the employer; |
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250 | 250 | | 220 (iii) the total number of workers whose existing jobs who will be retained, by job |
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251 | 251 | | 221classification and geographic location; |
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252 | 252 | | 222 (iv) the total number of workers whose existing jobs are being eliminated by the |
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253 | 253 | | 223workforce reduction or the closure of a facility, by job classification and geographic location; |
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254 | 254 | | 224 (v) whether each classification of workers whose jobs are being eliminated will be |
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255 | 255 | | 225offered employment in any other job classification or capacity by the employer; how many |
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256 | 256 | | 226employees in each classification will be offered employment; and whether the replacement |
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257 | 257 | | 227employment offered will provide comparable wages, benefits, and working conditions; |
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258 | 258 | | 228 (vi) whether the employer is offering severance or early retirement benefits to impacted |
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259 | 259 | | 229workers; the value of the severance or early retirement benefits; whether the severance or early |
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260 | 260 | | 230retirement benefits are being provided to all or certain classes of workers and how many |
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261 | 261 | | 231impacted workers intend to utilize these offerings; |
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262 | 262 | | 232 (vii) whether the employer plans to transfer the work to a separate facility, enter a |
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263 | 263 | | 233contracting agreement for work previously performed by company employees, or otherwise |
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264 | 264 | | 234outsource work previously performed by company employees; and |
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265 | 265 | | 235 (viii) whether the employer is a recipient of loans, grants, tax increment financing, or any |
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266 | 266 | | 236other financial incentive from the commonwealth, its independent state agencies, departments, or |
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267 | 267 | | 237corporations, or any municipality within the last five years. |
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