Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S2290 Compare Versions

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22 SENATE DOCKET, NO. 2088 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 2290
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Adam Gomez
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act preventing gas expansion to protect climate, community health and safety.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Adam GomezHampdenJacob R. OliveiraHampden, Hampshire and Worcester2/11/2025Mike Connolly26th Middlesex2/11/2025Patricia D. JehlenSecond Middlesex2/20/2025 1 of 12
1616 SENATE DOCKET, NO. 2088 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 2290
1818 By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2290) of Adam Gomez, Jacob R.
1919 Oliveira, Mike Connolly and Patricia D. Jehlen for legislation to establish a moratorium on new
2020 gas system expansion. Telecommunications, Utilities and Energy.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 2135 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act preventing gas expansion to protect climate, community health and safety.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 69J of said chapter 164, as so appearing, is hereby further amended
3232 2by inserting, at the end thereof the following: -
3333 3 No new gas facility or expansion of an existing gas facility, any part of which falls within
3434 4a 5 mile radius of an environmental justice neighborhood, shall be approved unless required for
3535 5the safety of the public.
3636 6 SECTION 2. Section 69K of said chapter 164, as so appearing, is hereby amended by
3737 7inserting, at the end thereof the following: - 2 of 12
3838 8 No new gas facility, or expansion of an existing gas facility, any part of which falls
3939 9within a 5 mile radius of an environmental justice neighborhood, shall be granted a petition for a
4040 10certificate unless required for the safety of the public.
4141 11 SECTION 3. Section 69J ¼ of said chapter 164, as so appearing, is hereby amended by
4242 12inserting, at the end thereof the following: -
4343 13 No new gas generating facility or expansion of an existing gas generating facility, any
4444 14part of which falls within a 5 mile radius of an environmental justice neighborhood, shall be
4545 15approved.
4646 16 SECTION 4. Section 69K ½ of said chapter 164, as so appearing, is hereby amended by
4747 17inserting, at the end thereof the following: -
4848 18 No new gas generating facility or expansion of an existing gas generating facility, within
4949 19a 5 mile radius of an environmental justice community, shall be granted a petition for a
5050 20certificate.
5151 21 SECTION 5. Section 1E of Chapter 164 of the General Laws is hereby amended by
5252 22adding the following subsections after subsection (c):-
5353 23 (d) The department shall require each company engaged in the sale or distribution of gas
5454 24as part of performance-based ratemaking and biennially, as required by this act, to submit a just
5555 25transition plan, which must be approved by the department, to address workforce development,
5656 26maintenance, and attrition, and provide the following:
5757 27 (i) A detailed proposed chronology for projected energy supply and distribution in the
5858 28transition to net zero emissions to be set through performance-based ratemaking; 3 of 12
5959 29 (ii) A detailed plan for the hire, retention, and training of a sufficient operations and
6060 30maintenance workforce through 2050, or until the complete retirement of its gas pipeline is
6161 31achieved, whichever is later, and which addresses the gas company’s operational plans to meet
6262 32the commonwealth’s net zero emissions goals while concurrently fulfilling this chapter’s
6363 33requirements to provide safe and reliable service as well as all other state and federal regulatory
6464 34requirements;
6565 35 (iii) Sufficient in-house staffing levels, in each relevant job classification and department
6666 36to ensure the safety and reliability of the gas company’s gas service through the effective time
6767 37period for which the performance-based rates have been sought and taking into account the gas
6868 38company’s projected schedule for adopting non-pipeline and other renewable energy alternatives
6969 39to natural gas and its obligations to maintain safe and reliable gas service to existing customers;
7070 40 (iv) Training and workforce development plans providing for gas company workforce
7171 41needs on residual natural gas as well as non-pipeline alternatives and other renewable energy
7272 42sources through the effective time period for which the performance-based rates have been
7373 43sought, including but not limited to, the generation and distribution infrastructure utilized to
7474 44replace and/or complement natural gas, whether by the gas company, its parent or subsidiary or
7575 45related corporation, a joint venture, or another company regulated by the department with
7676 46electric or other non-pipeline alternative or renewable energy service territory overlap with the
7777 47gas company;
7878 48 (v) Any and all mitigation measures proposed or implemented to address the impacts of
7979 49transition on the gas company’s workforce over the course of the time period in which the
8080 50performance-based rates remain in effect, including but not limited to, cross-training and hiring 4 of 12
8181 51preferences at dual-fuel companies and joint ventures with non-pipeline alternative energy and/or
8282 52other renewable energy generators and distributors, early retirement incentives, and education
8383 53stipends for retraining;
8484 54 (vi) Any collective bargaining or other agreements reached with labor unions
8585 55representing the gas company’s in-house workforce and/or representing the workforce of outside
8686 56contractors to ensure a just workforce transition over the duration of the proposed performance-
8787 57based rates or until a full transition to net zero emissions is achieved;
8888 58 (vii) In the event of the gas company’s anticipated substantial, partial, or complete
8989 59cessation of gas operations in Massachusetts during the period in which performance-based
9090 60review is effective, the company must report the following to the department:
9191 61 (a) Means by which the gas company, and/or its parent corporation, intends to avoid
9292 62burdening the commonwealth, ratepayers, or taxpayers with the social welfare costs resulting
9393 63from such cessation;
9494 64 (b) Measures to ensure the solvency of the gas company pension system during and after
9595 65transition;
9696 66 (c) Measures to stem the displacement of gas company employees unemployed as a result
9797 67of transition from the Massachusetts energy sector; and
9898 68 (d) Any agreements developed with labor unions representing the gas company’s in-
9999 69house workforce and/or representing the workforce of outside contractors to ensure a just
100100 70workforce transition over the duration of the proposed performance-based rates. 5 of 12
101101 71 This subsection shall apply to any distribution, transmission, and gas company organized
102102 72and doing business in the commonwealth pursuant to the provisions of chapter 164, including
103103 73any successor company engaged in dual-fuels, joint ventures with renewable energy generators
104104 74or distributors, or alternative energy companies.
105105 75 Nothing in this subsection shall prohibit or supplant the local distribution company’s
106106 76collective bargaining obligations relative to the National Labor Relations Act.
107107 77 SECTION 6. Chapter 164 of the General Laws is hereby amended by adding the
108108 78following section:-
109109 79 Section 149. Department program to ensure a just transition.
110110 80 (a) Definitions. For the purposes of this section, the following definitions shall apply:
111111 81 “Gas company” or “employer”, any local distribution company regulated under section 3
112112 82of chapter 164 and distributing natural gas to ratepayers.
113113 83 “Dual-fuel company”, a company that distributes natural gas and one or more other forms
114114 84of energy to commercial, governmental, and/or residential ratepayers.
115115 85 “Alternative energy company”, a company that generates or distributes forms of energy
116116 86whose production and use results in the production of lower carbon emissions than conventional
117117 87natural gas or electric energy.
118118 88 “Commonwealth”, the Commonwealth of Massachusetts and/or its departments, offices,
119119 89agencies, political subdivisions, and quasi-public agencies, including, but not limited to, quasi-
120120 90public agencies subject to chapter 150A as appearing in chapter 760 of the acts of 1962, and any 6 of 12
121121 91quasi-public independent entity and any authority or body politic and corporation established by
122122 92the general court to serve a public purpose.
123123 93 (b) Planning for Just Transition of Workforce.
124124 94 (1) Every gas company shall develop, and periodically amend, a comprehensive plan, as
125125 95set forth in Section 1E of Chapter 164, to be filed with the Department of Public Utilities for the
126126 96hire, retention, and training of a sufficient operations and maintenance workforce through 2050,
127127 97or until the complete retirement of its gas pipeline is achieved, whichever is later, addressing its
128128 98plans to meet the commonwealth’s net zero emissions goals and its plans to fulfill this chapter’s
129129 99requirements to provide safe and reliable service as well as all other state and federal regulatory
130130 100requirements. Such plan shall be amended biennially, beginning July 1, 2026, and shall also be
131131 101amended when the gas company files with the department requesting performance-based
132132 102ratemaking.
133133 103 In addition to provisions set forth by section 1 of this act, each company plan shall also
134134 104provide projections for any attrition among its in-house workforce and the utilization of outside
135135 105contractors over both the biennial period and over the course of its transition to net zero
136136 106emissions or its complete retirement of its gas pipeline, whichever is later.
137137 107 All dual-fuel companies must additionally provide, as part of their biennial plan,
138138 108provisions, opportunities, and initiatives to provide training and employment opportunities to
139139 109workers who may be displaced by the gas company’s compliance with the commonwealth’s net
140140 110zero emissions goals on the other forms of energy it distributes. This includes, but is not limited
141141 111to, any agreement reached with labor organizations representing employees at its gas or 7 of 12
142142 112alternative fuel operations or labor organizations representing employees of its outside
143143 113contractors.
144144 114 (2) The department shall, when initiated sua sponte or by motion of the Attorney General,
145145 115initiate an investigation to determine the sufficiency of the gas company and/or dual-fuel
146146 116company’s plan with regard to meeting the commonwealth’s net zero emission requirements and
147147 117chapter 164’s reliability, safety, and staffing requirements. Such plans, and all back-up data upon
148148 118which the plans are based, shall be subject to disclosure to all intervening stakeholders during the
149149 119investigation. Upon good cause shown, back-up data may be subject to reasonable protective
150150 120treatment.
151151 121 (c) Funding for Training on Alternative Fuels.
152152 122 The Executive Office of Energy and Environmental Affairs and the Executive Office of
153153 123Labor and Workforce Development shall, joint and in collaboration, administer programs,
154154 124provide technical assistance, and develop regulations for a training fund to support the
155155 125establishment of apprenticeship programs to train gas and dual-fuel company employees on
156156 126alternative energy generation and distribution and raise the next generation of energy industry
157157 127workers in the commonwealth.
158158 128 Grants from the fund may be provided to gas and dual-fuel companies for the
159159 129development and execution of training their workforces on a competitive basis, based upon a
160160 130number of factors, including but not limited to, the company’s demonstrated commitment to (1)
161161 131retaining and repurposing its in-house gas workforce on dual-fuel or alternative energy
162162 132businesses, and (2) to maintaining high quality, long-term in-house employment opportunities in 8 of 12
163163 133energy distribution. Labor organizations representing gas company workers and dual-fuel
164164 134company workers may also apply for funding.
165165 135 Alternative energy companies, including both generating or distributing companies, may
166166 136also apply for training grants from this fund to defray the cost of hiring and training workers
167167 137displaced by the commonwealth’s efforts to meet its net zero emissions goals. To qualify,
168168 138alternative energy companies must demonstrate that (1) they are developing and executing plans
169169 139for hiring, training, and retention that include a demonstrated commitment to training and hiring
170170 140gas company employees and other workers displaced by the commonwealth’s transition to net
171171 141zero emissions, (2) they have or are in the process of developing robust in-house training
172172 142programs in the commonwealth on alternative energy, and (3) they are committed to the creation
173173 143and maintenance of high quality, sustainable employment opportunities for displaced workers.
174174 144 SECTION 7. Chapter 23 of the General Laws, as appearing in the 2022 Official Edition,
175175 145is hereby amended by adding following section:-
176176 146 Section 26. Just Transition to Clean Energy.
177177 147 (a) Within the Executive Office of Labor and Workforce Development, there shall be a
178178 148Just Transition Office. The office shall ensure that workers employed in the energy sector who
179179 149are displaced due to efforts by the commonwealth or the private sector to reduce greenhouse gas
180180 150emissions or transition from fossil fuels to clean energy have access to employment and training
181181 151opportunities in clean energy industries and related fields. The office shall also work with clean
182182 152energy businesses to ensure they act as responsible employers to further the commonwealth’s
183183 153workforce and economic development goals. The office shall also work to increase access to 9 of 12
184184 154employment and training opportunities in clean energy industries and related fields for residents
185185 155of environmental justice communities.
186186 156 (b) The Secretary of Labor and Workforce Development shall appoint the director of the
187187 157office.
188188 158 (c) There shall be a Just Transition Advisory Committee consisting of: (i) the director of
189189 159the just transition office; (ii) the secretary of labor and workforce development, or their designee;
190190 160(iii) the commissioner of the department of energy resources, or their designee; (iv) the secretary
191191 161of the executive office of energy and environmental affairs, or their designee; (v) a representative
192192 162of employers in the gas utility sector appointed by the governor; (vi) a representative of
193193 163employers in the electric power generation sector appointed by the governor; (vii) a
194194 164representative of employers in the renewable electricity sector appointed by the governor; (viii) a
195195 165representative of employers in the energy efficiency sector appointed by the governor; (ix) a
196196 166representative of employers in the clean transportation sector appointed by the governor; (x) a
197197 167representative of employers in the clean heating sector appointed by the governor; (xi) a
198198 168representative of employees in the gas utility sector appointed by the president of the
199199 169Massachusetts AFL-CIO; (xii) a representative of employees in the electric power generation
200200 170sector appointed by the president of the Massachusetts AFL-CIO; (xiii) two representatives of
201201 171employees in the clean energy sector appointed by the president of the Massachusetts AFL-CIO;
202202 172(xiv) a representative of employees in the transportation sector appointed by the president of the
203203 173Massachusetts AFL-CIO; (xv) the president of the Massachusetts Building Trades Council, or
204204 174their designee; and (xvi) two representatives of environmental justice communities appointed by
205205 175the secretary of the executive office of energy and environmental affairs. 10 of 12
206206 176 (d) The committee shall be tasked with developing a just transition plan for the energy
207207 177sector that identifies workers currently employed in the sector by industry, trade, and job
208208 178classifications, and contains relevant information including, but not limited to, current wage and
209209 179benefit packages and current licensing, certification, and training requirements. The committee,
210210 180through the just transition plan, shall recommend education and training programs to enhance re-
211211 181employment opportunities within the energy sector, and services to support dislocated workers
212212 182displaced from jobs within the energy sector as a result of emissions-reducing policies and
213213 183advancements in clean energy technology. The just transition plan shall also recommend actions
214214 184to increase opportunities for residents of environmental justice communities to work in clean
215215 185energy industries.
216216 186 (e) The just transition plan shall include provisions to:
217217 187 (i) educate dislocated workers, in collaboration with employers of dislocated workers and
218218 188relevant labor unions, on re-employment or training opportunities;
219219 189 (ii) provide training, cross-training, and re-training to workers displaced by gas
220220 190infrastructure loss in the commonwealth’s local distribution companies and related businesses:
221221 191 (iii) address the workforce development challenges of the fossil fuel energy sector’s
222222 192shrinking workforce over the course of the commonwealth’s transition to a clean energy
223223 193economy;
224224 194 (iv) incentivize the hiring of displaced energy sector workers with utilities, clean energy
225225 195industries, and related industries; 11 of 12
226226 196 (v) collaborate with the Massachusetts Clean Energy Center to ensure that training and
227227 197employment opportunities for displaced energy sector workers are included in their initiatives,
228228 198incentives, funding opportunities, and projects;
229229 199 (vi) collaborate with the department of public utilities and other agencies regulating the
230230 200energy sector within the commonwealth to coordinate just transition initiatives, complementing
231231 201the other regulatory priorities of those agencies;
232232 202 (vii) evaluate options for the establishment of a fund to implement the just transition plan
233233 203and its components, including potential sources for sustainable short-term and long-term
234234 204funding;
235235 205 (viii) develop requirements, including the submission of a workforce transition plan, for
236236 206energy sector employers that are closing a facility or significantly reducing their workforces as a
237237 207result of efforts by the commonwealth or the private sector to reduce greenhouse gas emissions
238238 208or transition from fossil fuels to clean energy;
239239 209 (ix) identify employers in the energy sector involved or likely to be involved in
240240 210transitional steps away from fossil fuels and establish requirements and procedures for
241241 211submissions of employee counts and classifications to the office; and
242242 212 (x) increase access to employment and training opportunities in clean energy industries
243243 213and related fields for residents of environmental justice communities.
244244 214 (f) Employers described in paragraph (ix) of subsection (e) shall submit a workforce
245245 215transition plan to the office. Workforce transition plans be subject to section 10 of chapter 66 of
246246 216the General Laws and shall include: 12 of 12
247247 217 (i) the reasons for the workforce reduction or facility closure;
248248 218 (ii) the total number of workers by job classification and by geographic assignment
249249 219employed by the employer;
250250 220 (iii) the total number of workers whose existing jobs who will be retained, by job
251251 221classification and geographic location;
252252 222 (iv) the total number of workers whose existing jobs are being eliminated by the
253253 223workforce reduction or the closure of a facility, by job classification and geographic location;
254254 224 (v) whether each classification of workers whose jobs are being eliminated will be
255255 225offered employment in any other job classification or capacity by the employer; how many
256256 226employees in each classification will be offered employment; and whether the replacement
257257 227employment offered will provide comparable wages, benefits, and working conditions;
258258 228 (vi) whether the employer is offering severance or early retirement benefits to impacted
259259 229workers; the value of the severance or early retirement benefits; whether the severance or early
260260 230retirement benefits are being provided to all or certain classes of workers and how many
261261 231impacted workers intend to utilize these offerings;
262262 232 (vii) whether the employer plans to transfer the work to a separate facility, enter a
263263 233contracting agreement for work previously performed by company employees, or otherwise
264264 234outsource work previously performed by company employees; and
265265 235 (viii) whether the employer is a recipient of loans, grants, tax increment financing, or any
266266 236other financial incentive from the commonwealth, its independent state agencies, departments, or
267267 237corporations, or any municipality within the last five years.