Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S572 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1775 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 572
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing sustainable and equitable funding for climate change adaptation and
13	13	mitigation.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkJames B. EldridgeMiddlesex and Worcester2/11/2025Joanne M. ComerfordHampshire, Franklin and Worcester2/18/2025 1 of 13
17	17	SENATE DOCKET, NO. 1775 FILED ON: 1/16/2025
18	18	SENATE . . . . . . . . . . . . . . No. 572
19	19	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 572) of Sal N. DiDomenico,
20	20	James B. Eldridge and Joanne M. Comerford for legislation to establish sustainable and equitable
21	21	funding for climate change adaptation and mitigation. Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 472 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act establishing sustainable and equitable funding for climate change adaptation and
30	30	mitigation.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 1 of chapter 21N of the General Laws as appearing in the 2022
34	34	2Official Edition is hereby amended by inserting after the definition of “carbon dioxide
35	35	3equivalent” the following definition:--
36	36	4 “Community-Based Organization” means a not-for-profit, grassroots organization,
37	37	5neighborhood land trust, or other entity that is driven by community residents, the majority of
38	38	6whose governing body and staff consists of local residents, the main operating offices are in the
39	39	7community of service, priority issue areas are identified and defined by residents, solutions to
40	40	8address priority issues are developed with residents, and program design, implementation, and
41	41	9evaluation components have residents intimately involved and in leadership positions. Those 2 of 13
42	42	10organizations with staff shall meet workplace standards for fair treatment and compensation of
43	43	11staff.
44	44	12 SECTION 2. Said Chapter 21N is hereby further amended by adding the following
45	45	13section: -
46	46	14 Section 12 (a) There shall be a climate & community resilience fund, hereafter referred to
47	47	15as the fund, to support addressing the causes and impacts of climate change with a focus on
48	48	16communities with significant populations of low-income and moderate income residents as
49	49	17defined by section 38D of chapter 121B of the general laws and environmental justice
50	50	18populations, as defined in sections 62J of chapter 30 of the general laws.
51	51	19 The fund shall be administered by the secretary of energy and environmental affairs in
52	52	20consultation with the Climate Resilience advisory board established in section 14.
53	53	21 (b) The fund shall include:
54	54	22 (i) Monies from the property insurance fee established in subsection 15;
55	55	23 (ii) any revenues or other financing sources directed to the fund by appropriation;
56	56	24 (iii) bond revenues or other monies authorized by the general court and specifically
57	57	25designated to be credited to the fund;
58	58	26 (iv) any income derived from the investment of amounts credited to the fund or
59	59	27repayment of loans from the fund; 3 of 13
60	60	28 (v) funds from public or private sources including, but not limited to, gifts, federal or
61	61	29private grants, donations, rebates, and settlements received by the commonwealth that are
62	62	30specifically designated to be credited to the fund; and
63	63	31 (vi) all other amounts credited or transferred into the fund from any other sources.
64	64	32 The fund shall reimburse the commonwealth for costs associated with the administration
65	65	33of the fund.
66	66	34 Monies deposited into the fund that are unexpended at the end of the fiscal year shall not
67	67	35revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
68	68	36 c) Annually, not later than December 1, the secretary of energy and environmental affairs
69	69	37shall report on an annual basis the activities of the fund to the clerks of the house of
70	70	38representatives and the senate and to the house and senate committees on ways and means and in
71	71	39a place and form that is publicly accessible. The report shall include:
72	72	40 (i) a status report on the implementation of the fund, including but not limited to an
73	73	41accounting of fund disbursement, a clear statement of the percentage of funds allocated to low
74	74	42and moderate income communities as defined in section 38D of chapter 121B of the general
75	75	43laws and residents of environmental justice populations, as defined in sections 62J of chapter 30
76	76	44of the general laws, expenditures made from the fund with a description of the authorized
77	77	45purpose of each expenditure, an accounting of amounts credited to the fund and any unexpended
78	78	46balance remaining in the fund;
79	79	47 (ii) an evaluation of implementation and how and whether the fund is meeting the goals
80	80	48of subsections b, c, and d; and, 4 of 13
81	81	49 (iii) any recommendations for statutory changes needed to meet the goals of this section.
82	82	50 (d) There shall be a Climate and Community Resilience advisory board
83	83	51 (1) Members of the board shall have expertise in environmental justice, racial justice,
84	84	52food security, affordable and supportive housing, labor and workers’ rights, workforce
85	85	53development, building engineering and energy, resilience and adaptation, insurance and
86	86	54reinsurance, real estate development and management, public health and hospitals, historic
87	87	55preservation, and/or nature-based solutions, or any combination thereof. All members shall be
88	88	56current residents of the commonwealth and the composition of the board must reflect racial,
89	89	57ethnic, geographic, and economic diversity within the commonwealth.
90	90	58 (2) the secretary of energy and environmental affairs and climate chief of the office of
91	91	59climate innovation and resilience shall nominate at least twelve candidates for the board who
92	92	60meet the criteria in subsection 1who represent community-based organizations to the
93	93	61environmental justice council which shall review, comment, and approve a final list of seven
94	94	62finalists to the secretary who will appoint seven members to the board. The secretary of energy
95	95	63and environmental affairs shall establish a fair rate of compensation and travel reimbursement
96	96	64for the community-based organization representatives to the board.
97	97	65 (3) The secretary of energy and environmental affairs shall appoint two members of the
98	98	66board who meet the criteria in subsection 1. The speaker of the house of representatives and the
99	99	67president of the senate shall appoint two additional members of the board who meet the criteria
100	100	68in subsection 1.
101	101	69 (4) Members shall serve for a term of three (3) years. As the term of any member expires,
102	102	70their successor, or their renewal, shall be nominated openly and chosen by the secretary and 5 of 13
103	103	71chief in accordance with the process described in the subsection above. Every three years, the
104	104	72board shall choose a member to be the chair of the board. The board shall meet not less than 4
105	105	73times per year and may meet more often as it deems necessary to fulfill its obligations under this
106	106	74section. The board chair has the discretion to allow board members to participate in meetings,
107	107	75including but not limited to electronic communications, without having to attend the meetings in
108	108	76person.
109	109	77 (5) The board shall receive staff, administrative, and budget support from the executive
110	110	78office of energy and environmental affairs. The secretary, or their designee, shall convene the
111	111	79board within 30 days of enactment, and support the board in developing a plan for
112	112	80implementation of this section to be completed within three months of enactment, including but
113	113	81not limited to:
114	114	82 (i) choosing a chair to facilitate and manage meetings;
115	115	83 (ii) developing and using equitable decision-making frameworks, such as consensus
116	116	84building and methods of voting;
117	117	85 (iii) determining the frequency of meetings, record-keeping, and administrative duties;
118	118	86and
119	119	87 (iv) managing the authority of the board under subsection c.
120	120	88 (e) The board shall determine and execute actions to achieve the goals of this section,
121	121	89including but not limited to:
122	122	90 (i) prioritizing actions to take under subsection c based on priorities established in
123	123	91subsection e for funding, costs, and expenditures from the fund; 6 of 13
124	124	92 (ii) determining funding allocations from the fund to achieve the goals of subsection with
125	125	93advice from state agency staff with expertise in state and federal funding;
126	126	94 (iii) determining administrative management and practices in subsection f that ensure
127	127	95eligibility, access, and capacity of community-based organizations receiving funds and capacity
128	128	96of state agencies managing the fund;
129	129	97 (iv) ensuring transparency, accountability, monitoring, evaluation, and oversight; and,
130	130	98 (v) sharing advice and recommendations to the secretary on how other sources and
131	131	99allocations of the commonwealth’s funding and the commonwealth's management of federal
132	132	100funding allocations for climate change adaptation and mitigation can be more equitable and
133	133	101sustainable and meet the goals of this subsection.
134	134	102 The board may convene working groups to study or make recommendations
135	135	103administering, achieving the goals of this subsection. Working groups may include individuals
136	136	104not on the board, including representatives of appropriate federal, state, and local agencies and
137	137	105authorities, sector-specific professionals, nonprofit and community-based organizations,
138	138	106financial institution representatives, energy providers and utility representatives, among others.
139	139	107 (f) Amounts credited to the fund may be used, without further appropriation, to provide
140	140	108grants or loans to community-based organizations, nonprofit entities, quasi-governmental, and
141	141	109governmental entities for costs and expenditures incurred for actions taken to support programs
142	142	110and projects that achieve local, regional, or statewide climate change mitigation and adaptation
143	143	111goals to address the causes and impacts of climate change and achieve the goals in this
144	144	112subsection, and as defined and determined by the board. Such costs and expenditures may
145	145	113include, but shall not be limited to: 7 of 13
146	146	114 (i) supporting equitable and just initiatives that address environmental injustices related
147	147	115to the causes and impacts of climate change using a people-centered approach that centers human
148	148	116health, social and economic well-being and that prioritize people who have been marginalized
149	149	117and live in divested communities, especially environmental justice populations, as defined in
150	150	118sections 62J and 62 K of chapter 30 of the general laws; low-income and moderate-income
151	151	119residents as defined in section 38D of chapter 121B of the general laws, and low-wealth
152	152	120residents; and English isolated residents.
153	153	121 (ii) providing support to individuals to mitigate risks and impacts from climate change to
154	154	122their health, such as supporting resilient retrofits and household equipment and devices which
155	155	123help provide safe, livable, resilient homes that address climate change impacts such as extreme
156	156	124cold, heat, flooding, or drought;
157	157	125 (iii) supporting individuals, and outdoor workers by providing community-based
158	158	126resilience centers during extreme cold, heat, or flooding and providing personal cooling devices
159	159	127and equipment;
160	160	128 (iv) supporting municipal and regional coordination to advance implementation of
161	161	129community-identified solutions by providing resources, building staff and volunteer capacity,
162	162	130completing grant applications, providing technical support, and building networks in support of
163	163	131residents, community-based organizations, and others towards broader, more equitable access to
164	164	132climate adaptation and mitigation funding and programs;
165	165	133 (v) supporting workforce development for a diversity of well-paying careers
166	166	134implementing climate-related projects in the built environment and for nature-based solutions, as
167	167	135defined in section 1 of chapter 21N and green infrastructure as defined in section 26A of chapter 8 of 13
168	168	13621, including but not limited to smart building design and operations, urban forestry, and green
169	169	137stormwater infrastructure design and maintenance;
170	170	138 (vi) providing relief and support to low-income and moderate-income residents to avoid
171	171	139displacement and
172	172	140 otherwise mitigate any negative impacts from rising property values and taxes due to
173	173	141improvements of properties and communities as a result of local activities and programs
174	174	142supported by the fund;
175	175	143 (vii) supporting, enhancing, or creating state agency, regional, and local programs and
176	176	144initiatives and innovative efforts that meet the goals of the fund; provided however, that
177	177	145supporting shall mean providing funds to existing efforts; enhancing shall mean providing
178	178	146additional funds to improve the equitable outcomes and administration of existing efforts; and,
179	179	147creating shall mean providing funds to establish new efforts when absent from among existing
180	180	148efforts;
181	181	149 (vii) planning, monitoring, development, deployment, management, strategies, actions,
182	182	150and measures to achieve carbon emissions reductions and to adapt to and prepare for the impacts
183	183	151of climate change;
184	184	152 (viii) implementing actions from state, regional, and local plans or strategies for climate
185	185	153change mitigation and adaptation, including but not limited to the resilient Massachusetts plan,
186	186	154the clean energy and climate plans, municipal vulnerability preparedness program plans, and
187	187	155other relevant plans and any successor plans to those listed herein; 9 of 13
188	188	156 (ix) evaluating climate plans for how well they identify priority groups that would most
189	189	157benefit from decarbonization and adaptation efforts, directly or indirectly; aligning state,
190	190	158regional, and local plans or strategies for climate change mitigation and adaptation with those for
191	191	159housing, health, water, and economic development; and reviewing them to ensure that these are
192	192	160consistent in their reducing harms in environmental justice populations, as defined in sections
193	193	16162J of chapter 30 of the general laws and low and moderate income populations as defined in
194	194	162section 38D of chapter 121B of the general laws;
195	195	163 (x) providing funding for match requirements to leverage federal and state public and
196	196	164private investment and costs associated with securing and administering those funds;
197	197	165 (xi) monitoring, studying, and reporting on environmental pollutants in the air, water, or
198	198	166soil to prevent or minimize environmental harms to public health; and
199	199	167 (xii) providing administrative support described in subsection g to enhance more
200	200	168equitable deployment and use of state and federal funding.
201	201	169 The board may add to or to adapt the foregoing list of actions and expenditures.
202	202	170 (g) The fund shall not be used for:
203	203	171 (i) man-made carbon capture technologies as a means removing greenhouse gas,
204	204	172measured in carbon dioxide equivalent emissions, from the atmosphere, and durably storing it in
205	205	173geological, terrestrial, or ocean reservoirs, or in long-lived products for a minimum period of 100
206	206	174years.
207	207	175 (ii) purchases of offsets through carbon markets; or
208	208	176 (iii) other actions as determined by the board. 10 of 13
209	209	177 (h) The board shall prioritize costs and expenditures that achieve more equitable
210	210	178outcomes, including but not limited to:
211	211	179 (i) prioritizing equity by ensuring the majority of investments benefit residents of an
212	212	180environmental justice populations, as defined in section 62 of chapter 30 of the general laws, and
213	213	181low-to-moderate-income residents as defined in section 38D of chapter 121B of the general
214	214	182laws,, and within this amount, a portion specified by the board will focus on environmental
215	215	183justice populations in communities that historically have been rendered marginalized,
216	216	184underserved, and overburdened by pollution, displacement, energy burden and cost while
217	217	185prioritizing climate, environmental, energy, and health benefits;
218	218	186 (ii) supporting environmental justice principles as defined and determined under section
219	219	18762 of chapter 30 of the general laws, and low-to-moderate-income residents as defined in section
220	220	18838D of chapter 121B of the general laws;
221	221	189 (iii) coordinating and collaborating with the environmental justice council established
222	222	190under section 62L of said chapter 30, the environmental justice director of the executive office of
223	223	191energy and environmental affairs, and non-profit organization coalitions supporting equitable
224	224	192policy and funding for environmental and climate justice;
225	225	193 (iv) creating jobs, requiring local hiring, increasing hiring of residents of an
226	226	194environmental justice population, as defined in section 62K of chapter 30 of the general laws,
227	227	195and low- and moderate-income residents as defined in section 38D of chapter 121B of the
228	228	196general laws, and investing in vocational training and certificate programs;
229	229	197 (v) supporting nature-based solutions as defined in section 1 of chapter 21N and green
230	230	198infrastructure as defined in section 26A of chapter 21; 11 of 13
231	231	199 (vi) fostering regional collaboration across municipal and county boundaries to realize
232	232	200efficiencies and effectiveness and reflect ecological scales, such as watersheds;
233	233	201 (vii) demonstrating community support for local efforts and projects;
234	234	202 (viii) educating community members and conducting outreach; and,
235	235	203 (ix) fostering and enabling community participation via local and municipal advisory
236	236	204councils
237	237	205 The board may add to or to adapt the foregoing list of criteria to enable equitable ways in
238	238	206which the fund is deployed.
239	239	207 (I) The fund shall be administered to enable community-based organizations to access,
240	240	208use, and manage funding in ways that are consistent with the goals of the fund. The
241	241	209administration of the fund shall be guided by the following practices, including, but not limited
242	242	210to:
243	243	211 (i) transparency on the impact and benefits of funding,
244	244	212 (ii) clear, accessible, and transparent guidelines for funding application and distribution;
245	245	213 (iii) flexibility for awardees to determine how funding should be spent;
246	246	214 (iv) concise funding applications with guidance and support for preparing said
247	247	215applications to minimize administrative burden for applicants;
248	248	216 (v) collaboration and reduce competition by enabling regional awards, joint applications
249	249	217and awards between multiple entities, and by allowing larger organizations to subaward funds to
250	250	218smaller, community-based entities; 12 of 13
251	251	219 (vi) balancing the need to fund small, grassroots organizations to meet community-driven
252	252	220goals with the need to ensure that funding is translated into action;
253	253	221 (vii) community expertise; and,
254	254	222 (vii) flexible funding options, including but not limited to: upfront funding rather than
255	255	223reimbursement;(B) providing seed and or planning funding;
256	256	224 (C) support for the continuation of existing programs;
257	257	225 (D) funding for community-based organization administration and operations;
258	258	226 (E) reduction or eliminating matching funds requirements; and
259	259	227 (F) multi-year funding.
260	260	228 The board may add to or to adapt the foregoing list of practices.
261	261	229 Section 15. There shall be a fee on the premiums paid for real estate property insurance,
262	262	230including: home, commercial, and allied lines,
263	263	231 The amount of the fee shall at two percent for the first five years and an adjusted as a
264	264	232decrease or an increase, with a ceiling of an increase of an increment of 0.25 percent per year
265	265	233with an overall cap of 5 percent, as determined by the board using the following criteria:
266	266	234 (i) a fair distribution of the fee among the types of property owners;
267	267	235 (ii) affordability and tolerance for fees based on income and wealth that do not cause an
268	268	236economic burden for payees; 13 of 13
269	269	237 (iii) there shall be an opt out provision for people, not-for-profit organizations, and small
270	270	238businesses and farms who cannot afford to pay as determined by the department of revenue in
271	271	239consultation with the division of insurance.
272	272	240 The commissioner of the department of revenue shall have the authority to promulgate
273	273	241rules and regulations to carry out the purposes of this section including but not limited to:
274	274	242 (i) administering the fee with efficiency and effectiveness;
275	275	243 (ii) collecting the fee;
276	276	244 (iii) reducing costs to the insurance sector in the administration of fee collection;
277	277	245 (iv) clarifying that the fee is a passthrough to the insured and not an expense incurred by
278	278	246the insurance sector
279	279	247 (v) providing transparency for consumers on insurance company billing on the legal
280	280	248requirements, the amount of the fee, and use of the funds in coordination with the insurance
281	281	249sector
282	282	250 (vi) depositing the fees into the fund;
283	283	251 (vii) developing compliance and enforcement mechanisms, responsibility, and remedies
284	284	252for non-compliance.