Bill SD.3129

SENATE DOCKET, NO. 3129 FILED ON: 12/9/2020

SENATE . . . . . . . . . . . . . . No.

By Mr. Pacheco, a petition (accompanied by bill) (subject to Joint Rule 12) of Marc R. Pacheco for legislation to prevent the worst effects of our climate emergency by providing policy pathways to achieve net zero emissions. Telecommunications, Utilities and Energy.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act to prevent the worst effects of our climate emergency by providing policy pathways to achieve net zero emissions.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of chapter 21N of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definition of “Direct emissions” and inserting in place thereof the following definition:- “Direct emissions”, emissions from sources that are owned or operated, in whole or in part, by any person, entity or facility including, but not limited to, emissions from any transportation vehicle, building, structure, distribution system or residential, commercial, institutional, industrial, waste management, agricultural or manufacturing process.

SECTION 2. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Greenhouse gas emissions source” the following definition:- “Greenhouse gas-emitting priority”, matter that emits or is capable of emitting a greenhouse gas when burned including, but not limited to, natural gas, petroleum, coal and any solid, liquid or gaseous fuel derived therefrom or any other such matter as identified by the department.

SECTION 3. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by striking out the definition of “Indirect emissions” and inserting in place thereof the following definition:- “Indirect emissions”, emissions associated with the consumption of any greenhouse gas emitting priority or purchased electricity, fuel, steam and heating or cooling by a person, an entity or a facility.

SECTION 4. Section 1 of chapter 21N of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the definition of “Market-based compliance mechanism” and inserting in place thereof the following 2 definitions:-

“Market-based compliance mechanism”, a pricing or compliance mechanism or system, imposed on sources or categories of sources of greenhouse gas-emitting substances or on the distribution or sale of greenhouse gas-emitting substances, designed to reduce emissions as required by this chapter, including, but not limited to, any mechanism or system of: (i) market based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases; (ii) greenhouse gas emissions exchanges, banking, credits and other transactions governed by rules and protocols established by the secretary, a regional program or other interested states that results in the same greenhouse gas emissions reductions, over the same time period, as direct compliance with a greenhouse gas emissions limit or emissions reduction measure adopted pursuant to this chapter; or (iii) charges or exactions imposed to reduce statewide greenhouse gas emissions in whole or in part.

“Natural and working lands”, lands that: (i) are actively used by an agricultural owner or operator for an agricultural operation that includes, but is not limited to, active engagement in farming or ranching; (ii) produce forest products; (iii) consist of forests, grasslands, freshwater and riparian systems, wetlands, coastal and estuarine areas, watersheds, wildlands or wildlife habitats; and (iv) are used for recreational purposes, including parks, urban and community forests, trails and other similar open space land.

SECTION 5. Subsection (a) of section 2 of said chapter 21N, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The department shall monitor and regulate emissions of greenhouse gases with the goal of reducing emissions in order to achieve the greenhouse gas emissions limits adopted pursuant to this chapter.

SECTION 6. Section 3 of said chapter 21N, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:- (b) To maximize the ability of the commonwealth to realize the 2050 emissions limit, the secretary shall, in consultation with the department and the department of energy resources,

adopt the following statewide greenhouse gas emissions limits: (i) a 2020 statewide greenhouse gas emissions limit; (ii) a 2025 statewide greenhouse gas emissions limit; (iii) a 2030 statewide greenhouse gas emissions limit; (iv) a 2035 statewide greenhouse gas emissions limit; (v) a 2040 statewide greenhouse gas emissions limit; (vi) a 2045 statewide greenhouse gas emissions limit; and (vii) a 2050 statewide greenhouse gas emissions limit of not more than net-zero emissions. Each limit shall be accompanied by a comprehensive, clear and specific plan to realize the adopted limit.

SECTION 7. Said chapter 21N is hereby amended by inserting after section 3 the following 2 sections:-

Section 3A. (a) The secretary shall, in consultation with the secretary of housing and

economic development and the secretary of transportation, adopt sector-based statewide greenhouse gas emissions sublimits as components of each statewide greenhouse gas emissions limit adopted pursuant to subsection (b) of section 3. Each source or category of sources of emissions shall be subject to statewide emissions sublimits, including, but not limited to, electric power, transportation, commercial and industrial heating and cooling, residential heating and cooling, industrial processes, solid waste, agriculture and natural gas distribution and service.

(b) Sector-based statewide greenhouse gas emissions sublimits for a given year shall not, in the aggregate, exceed the statewide greenhouse gas emissions limit for the year and shall be designed to allow the commonwealth to realize the 2050 statewide greenhouse gas emissions limit.

Section 3B. Not later than February 1 of every third year, the secretary shall, for each plan approved under section 21 of chapter 25, set a goal, expressed in tons of carbon dioxide equivalent, for the succeeding plan’s necessary contribution to meeting each statewide greenhouse gas emissions limit and sublimit adopted pursuant to this chapter.

SECTION 8. Subsection (a) of section 4 of said chapter 21N, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following 2 sentences:- The 2030 statewide greenhouse gas emissions limit adopted pursuant to clause (iii) of said subsection (b) of said section 3 shall be not less than 50 per cent below the 1990 emissions level. The 2040 statewide greenhouse gas emissions limit adopted pursuant to clause (v) of said subsection (b) of said section 3 shall be not less than 75 per cent below the 1990 emissions level.

SECTION 9. Said subsection (a) of said section 4 of said chapter 21N, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- The 2020, 2025, 2030, 2035, 2040, 2045 and 2050 statewide greenhouse gas emissions limits and the accompanying plans for realizing the limits shall comply with the requirements of this section and section 5.

SECTION 10. Subsection (b) of said section 4 of said chapter 21N, as so appearing, is hereby amended by striking out, in line 17, the words "limit established in subsection (a)” and inserting in place thereof the following words:- limits adopted pursuant to subsection (b) of section 3.

SECTION 11. Subsection (g) of said section 4 of said chapter 21N, as so appearing, is hereby amended by striking out, in line 42, the words "emission limit and implementing plan" and inserting in place thereof the following words:- 2025, 2030, 2035, 2040, 2045 and 2050 statewide greenhouse gas emissions limits and the accompanying plans for realizing the limits.

SECTION 12. Said section 4 of said chapter 21N, as so appearing, is hereby further amended by striking out subsection (h) and inserting in place thereof the following subsection:-

(h) Not more than 18 months after the last day of 2020, 2025, 2030, 2035, 2040, 2045, 2050 and any other calendar year for which a statewide greenhouse gas emissions limit is adopted pursuant to statute or regulation, the secretary shall file a formal certificate of compliance with the climate policy commission established under chapter 21Q, the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on the environment, natural resources and agriculture. The certificate shall certify, drawing upon the best available data and measurements, the commonwealth’s compliance with, or failure to comply with, the statewide greenhouse gas emissions limit. The certificate shall include a quantification of the extent to which emissions exceed or do not exceed the limit and an analysis of the lessons learned from the success or failure to comply with the limit. If emissions exceeded the limit, the certificate shall include comprehensive, clear and specific remedial steps to offset the excess emissions and ensure compliance with the next upcoming limit adopted pursuant to statute or regulation.

SECTION 13. Said chapter 21N is hereby further amended by striking out sections 5 to 7, inclusive, as so appearing, and inserting in place thereof the following 3 sections:-

Section 5. (a) The secretary shall monitor the implementation of plans and regulations relative to climate change. To the extent practicable, the plans required by subsection (b) of section 3 for 2025, 2030, 2035, 2040 and 2045 shall be consistent with each other, cumulative in effect and constructed to realize the 2050 statewide greenhouse gas emissions limit imposed by said subsection (b) of said section 3. Each plan, including the 2050 plan, shall: (i) address each sector subject to a statewide greenhouse gas emissions sublimit imposed by section 3A of this chapter; (ii) indicate for each sector how, to what extent and when the commonwealth will act to reduce its emissions in order to realize the 2050 statewide greenhouse gas emissions limit; (iii) quantify the emissions reductions to be realized due to the electric and gas energy efficiency programs established under sections 19 and 21 of chapter 25; (iv) set numerical benchmarks and track adoption within the commonwealth of emissions reduction products, solutions and improvements used to achieve the statewide greenhouse gas emissions limits and sublimits, including, but not limited to, electric vehicles, electric vehicle charging stations, solar photovoltaic and solar thermal technologies, carbon sequestration from natural and working lands, energy storage capacity, air-source and ground-source heat pumps and anaerobic digestion; (v) consider whether activities undertaken to comply with statewide greenhouse gas emissions limits and sublimits disproportionately impact low-income and moderate-income communities and recommend actions that provide benefits or cost savings to such communities or otherwise eliminate any such impacts; (vi) consider overall societal benefits, including reductions of other air pollutants, conservation, engagement and management of natural and working lands, diversification of energy sources and other benefits to the economy, environment and public health; (vii) consider whether activities undertaken to comply with statewide greenhouse gas emissions limits and sublimits minimize costs and administrative burdens and maximize total benefits to the commonwealth; (viii) consider whether activities undertaken to comply with statewide greenhouse gas emissions limits and sublimits minimize leakage; (ix) ensure that greenhouse gas emissions reductions are real, permanent, quantifiable, verifiable and enforceable; (x) contain a statewide baseline quantification of the carbon sequestered in natural and working lands, accompanied by goals to increase and enhance the sequestration, and recommendations including, but not limited to, the conservation, enhancement and management of natural and working lands; and (xi) make recommendations for future policy action.

Section 6. The secretary shall promulgate all regulations necessary to achieve the limits imposed by subsection (b) of section 3 and sublimits imposed by section 3A. The regulations shall be designed to ensure that the commonwealth achieves the required emissions reductions equitably and in a manner that mitigates the effects of increased energy and transportation costs on low-income and moderate-income households, improves their economic condition, where feasible, and creates additional employment and economic development in the commonwealth.

Section 7. (a) The secretary shall promulgate regulations establishing market-based compliance mechanisms for: (i) the transportation sector; provided, however, that the regulations shall, at a minimum, be designed to reduce emissions from passenger vehicles and light duty trucks; (ii) the commercial, industrial and institutional sectors, including, but not limited to, buildings and industrial, manufacturing and other business processes; and (iii) the residential building sector.

(b) Market-based compliance mechanisms established pursuant to this section shall be designed to: (i) maximize the ability of the commonwealth to achieve the statewide greenhouse gas emissions limits established pursuant to this chapter; (ii) ensure that the commonwealth achieves the required emissions reductions equitably and in a manner that protects and, where feasible, improves the condition of low-income and moderate-income persons; (iii) prevent increases in the emissions of toxic air contaminants and criteria air pollutants, including, but not limited to, emissions of nitrous oxide, sulfur dioxide and mercury; (iv) identify manufacturing sectors, economic sectors, economic subsectors or individual employers at risk of adverse impacts due to such mechanisms and mitigate the impacts; (v) address the distinguishing characteristics and vulnerabilities of rural, suburban and urban households; and (vi)maximize additional environmental and economic benefits for the commonwealth. (c) The executive office and the department may work with the participating regional greenhouse gas initiative states, other interested states and Canadian provinces to develop a plan to expand market-based compliance mechanisms such as the regional greenhouse gas initiative to other sources and sectors necessary or desirable to facilitate the achievement of the statewide greenhouse gas emissions limits. (d) The secretary may adopt regulations governing the use of market-based compliance mechanisms by regulated entities subject to the statewide greenhouse gas emissions limits and mandatory emissions reporting requirements to achieve compliance with such limits. (e) The executive office shall monitor compliance with this chapter and enforce any rule, regulation, order, emissions limit, emissions reduction measure or market-based compliance mechanism adopted by the secretary or department under this chapter. The department may impose a civil administrative penalty pursuant to section 16 of chapter 21A for a violation of any rule, regulation, order, emissions limit, emissions reduction measure or other measure adopted by the secretary pursuant to this chapter.

SECTION 14. Section 9 of chapter 23J of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 33, the words “and (iii) by” and inserting in place thereof the following words:- (iii) funding research, design and evaluation of pilots to promote energy innovation; and (iv).

SECTION 15. Said section 9 of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “facilities”, in line 45, the following words:- and with the distribution and consumption of fossil fuels, including, but not limited to, oil and gases that contain methane and other hydrocarbon fuels.

SECTION 16. Chapter 23J of the General Laws is hereby amended by adding the following section:- Section 13. (a) There shall be within the center a clean energy equity workforce and market development program to provide workforce training, educational and professional development, job placement, startup opportunities and grants promoting participation in the commonwealth’s energy efficiency, clean energy, and clean heating and cooling industries to: (i) certified minority-owned and women-owned small business enterprises; (ii) individuals residing within an environmental justice community; and (iii) current and former workers from the fossil fuel industry. The program shall: (i) identify the employment potential of the energy efficiency and clean energy industries and the skills and training needed for workers in those fields; (ii) maximize energy efficiency and clean energy employment opportunities for certified minority owned and women-owned small business enterprises and individuals residing within an environmental justice community; (iii) identify barriers to deployment of clean energy and energy storage resources to certified minority-owned and women-owned small business enterprises; (iv) recommend near-term deployment targets consistent with the state’s clean energy and climate change requirements and awarding incentives to deploy said resources; and (v) make recommendations to the general court for policies to promote employment growth and access to jobs in the clean energy industry.

(b) The department of public utilities shall annually transfer funds collected pursuant section 19 of chapter 25 to the center for the purposes of implementing the clean energy equity workforce and market development program, provided, that the department shall transfer no less than $12,000,000 no later than December 31 each year. Such transfer shall not reduce low income program funds allocated pursuant to subsection (c) of section 19 of said chapter 25.

SECTION 17. Section 19 of chapter 25 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding the following subsection:- (d) Notwithstanding any provision of this section to the contrary, the department shall annually transfer, on or before December 31, no less than $12,000,000 in funds collected pursuant to this section to the Massachusetts clean energy center for the clean energy equity workforce and market development program pursuant to subsection (b) of section 13 of chapter 23J; provided, however, such transfer shall not reduce low-income program funds allocated pursuant to subsection (c).

SECTION 18. Section 1 of chapter 23M is hereby amended by striking out the words “or retrofitting”, in lines 16 and 17, and inserting in place thereof the following:- , retrofitting or qualifying new construction

SECTION 19. Chapter 25 of the General Laws is hereby amended by inserting after section 1 the following section:- Section 1A. In discharging its responsibilities under this chapter and chapter 164, the department shall, with respect to itself and the entities it regulates, prioritize safety, security, reliability of service, affordability, equity and reductions in greenhouse gas emissions to meet statewide greenhouse gas emission limits established pursuant to section 3 of chapter 21N.

SECTION 20. Section 19 of said chapter 25, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “practicable”, in line 29, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 21. Said section 19 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “practicable”, in line 41, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 22. Said section 19 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “program”, in line 58, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 23. Section 21 of said chapter 25, as so appearing, is hereby amended by inserting after the word “supply”, in line 5, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 24. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the figure “22”, in line 17, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 25. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “bodies”, in lines 20 and 21, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 26. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “supply”, in line 25, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 27. Said section 21 of said chapter 25, as so appearing, is hereby further amended by striking out, in line 69, the words “and (ix)”, and inserting in place thereof the following words:- (ix) an estimate of the social value of greenhouse gas emissions reductions that will result from the plan, including a numerical value of the plan’s contribution to meeting each statewide greenhouse gas emissions limit and sublimit set by statute or regulation, together with provisions for giving each value prominent display in communications and plan documents and (x).

SECTION 28. Said section 21 of said chapter 25, as so appearing, is hereby further amended by striking out, in line 73, the word “reducing”, the second time it appears, and inserting in place thereof the following words:- greenhouse gas emissions or.

SECTION 29. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “program”, in line 81, the first time it appears, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 30. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “accordingly”, in line 113, the following words:- ; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions.

SECTION 31. Subsection (d) of said section 21 of said chapter 25, as so appearing, is hereby amended by adding the following 2 paragraphs:- (4) The plans shall be constructed to meet or exceed the goal set by the secretary pursuant to section 3B of chapter 21N.

(5) Not later than 15 months after the conclusion of the final year of each plan, the department shall issue a formal certificate of compliance, drawing upon the most accurate and most complete data and measurements available, that certifies and quantifies the degree to which the activities undertaken pursuant to each plan contributed to meeting greenhouse gas emission limits imposed by statute or regulation.

SECTION 32. Section 22 of said chapter 25, as so appearing, is hereby amended by inserting after the word “date”, in line 63, the following words:- , a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting any and all greenhouse gas emission limits imposed by statute or regulation.

SECTION 33. Said section 22 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “year”, in line 69, the following words:- and a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting any and all greenhouse gas emission limits imposed by statute or regulation.

SECTION 34. Section 21 of said chapter 25, as so appearing is hereby amended by striking out, in lines 56 to 58, inclusive, the words “and (J) programs that result in customers switching to renewable energy sources or other clean energy technologies;” and inserting in place thereof the following words:- (J) programs that result in customers switching to renewable energy sources or other clean energy technologies; and (K) programs administered by the low income weatherization and fuel assistance program network that result in whole home retrofits, including but not limited to weatherization and electrification for low-income and fixed-income households residing in (1) affordable housing units under the jurisdiction of the department of housing and community development or (2) affordable housing units the department oversees funding for, which result in lower energy use or utilization in renewable energy;

SECTION 35. Said section 21 of said chapter 25, as so appearing, is hereby further amended by adding the following 3 subsections:- (f) The department of housing and community development shall conduct an audit of the (1) affordable housing units under the jurisdiction of the department and (2) the affordable housing units the department oversees funding for in order to determine the need and outreach for participation in programs created pursuant to clause (K) of paragraph (2) of subsection (b) and make recommendations to energy efficiency advisory council on how to improve program access and increase program deployment to individuals residing in affordable housing units. (g) There shall be a low-income whole home retrofit task force to develop recommendations for programs developed pursuant to clause (K) of paragraph (2) of subsection (b). The taskforce shall consist of 12 members as follows: the director of housing and community development, or a designee, who shall serve as chair; the commissioner of the department of energy resources, or a designee; and 10 members appointed by the governor, 1 of whom shall be a representative from the Low-Income Energy Affordability Network, 1 of whom shall a representative from the energy efficiency advisory council established in section 22, 1 of whom shall be from the Income-Eligible Best Practices Committee of the energy efficiency advisory council, 1 of whom shall be a representative from the Massachusetts Housing Finance Agency, 1 of whom shall be from the Greater Boston Labor Council,; 1 of whom shall be a representative from a non-profit with expertise in community organizing, affordable housing and labor issues, 1 of whom shall be from an organization with expertise in housing displacement prevention and tenant rights, 1 of whom shall be an organization with expertise in enhancing the urban environment and public health, 1 of whom shall be from an organization with expertise in enhancing the rural environment and public health and 1 of whom shall be an organization with expertise in environmental justice and transit-oriented development. The task force shall submit recommendations to the energy efficiency advisory council to review every 3 years as part the council’s review of energy efficiency investment plans under this section. (h) Funds may be expended to cover up to the full cost of projects in clause (K) of paragraph (2) of subsection (b) that are located within environmental justice communities; provided, that the expenditure of funds for projects in said clause (K) of said paragraph (2) of said subsection (b) shall be in addition to and shall not reduce low-income program funds allocated in subsection (c) of section 19; and provided further that the annual household income of such households is not more than 80 per cent of statewide median income, as determined by the low-income weatherization and fuel assistance program network.

SECTION 36. Section 6 of chapter 25A of the General Laws, as so appearing, is hereby amended by striking out clauses (12) and (13) and inserting in place thereof the following 3 clauses:- (12) intervene and advocate on behalf of small commercial and industrial users before the department of public utilities in any dispute between such businesses and generation or distribution companies, as defined pursuant to section 1 of chapter 164; (13) plan, develop, oversee and operate the commercial sustainable energy program, with the Massachusetts Development Finance Agency, in accordance with the provisions of chapter 23M. In accordance with this section, the department shall approve each commercial PACE project prior to the issuance of a PACE bond under chapter 23M and in so doing shall consider whether the energy cost savings of the commercial energy improvements over the useful life of such improvements exceed the costs of such improvements; and (14) develop and adopt, as an appendix to the state building code, in consultation with the board of building regulations and standards, a municipal opt-in specialized stretch energy code that includes, but is not limited to, a definition of net-zero building.

SECTION 37. Subsection (c) of section 10 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 38, the words “and (6)” and inserting in place thereof the following words:- (6) opt-in to the specialized stretch energy code promulgated pursuant to clause (14) of section 6; and (7).

SECTION 38. Section 93 of chapter 143 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 6, the word “eleven” and inserting in place thereof the following figure:- 15.

SECTION 39. Said section 93 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 8, the word “both” and inserting in place thereof the following words:- 1 of whom shall be the commissioner of energy resources or a designee and all 3.

SECTION 40. Said section 93 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 9, the word “nine” and inserting in place thereof the following figure:- 12.

SECTION 41. Said section 93 of said chapter 143, as so appearing, is hereby further amended by inserting after the word “department”, in line 17, the following words:- , 1 of whom shall be an expert in commercial building energy efficiency, 1 of whom shall be an expert in residential building energy efficiency, 1 of whom shall be an expert in advanced building technology.

SECTION 42. Said section 93 of chapter 143 is hereby further amended by inserting after the word “reappointment”, in lines 26 and 27, the following words:- for a second term, but shall not serve more than 10 total years.

SECTION 43. Said section 93 of chapter 143 is hereby further amended by inserting after the word “years”, in line 37, the following words:- or more than 4 years total.

SECTION 44. The second paragraph of said section 93 of said chapter 143, as so appearing, is hereby further amended by adding the following sentence:- The board shall keep detailed and accurate minutes of its meetings and shall publish such minutes within 30 days of each meeting.

SECTION 45. Said section 93 of said chapter 143, as so appearing, is hereby further amended by inserting after the word “designee”, in line 46, the following words:- , in consultation with the commissioner of energy resources,

SECTION 46. Section 94 of said chapter 143, as so appearing, is hereby amended by striking out, in lines 110 to 113, inclusive, the words “as part of the state building code, together with any more stringent energy-efficiency provisions that the board, in consultation with the department of energy resources, concludes are warranted” and inserting in place thereof the following words:- and any amendments thereto as part of the state building code, in consultation with the department of energy resources.

SECTION 47. Section 96 of said chapter 143, as so appearing, is hereby amended by inserting, in line 7, after the word “to” the following words:- , the specialized stretch energy code developed and adopted by the department of energy resources.

SECTION 48. Section 97 of said chapter 143, as so appearing, is hereby amended by striking out, in line 22, the words “a reasonable time” and inserting in place thereof the following words:- 45 days.

SECTION 49. To develop the specialized stretch energy code required by section 6 of chapter 25A of the General Laws, the department of energy resources shall: (i) hold not less than 5 public hearings in geographically diverse locations throughout the commonwealth that shall represent the distinguishing characteristics of rural, suburban and urban households, 1 of which shall be held in an underserved community or community with a high percentage of low-income households; and (ii) consider the development of a tiered implementation plan for the adoption of the stretch energy code including, but not limited to, phasing in requirements based on building type or uses. The specialized stretch energy code required by said section 6 of said chapter 25A shall be developed, adopted and incorporated as an appendix to the state building code not later than 1 year after the passage of this act.

SECTION 50. Said section 10 of said chapter 25A, as so appearing, is hereby further amended by striking subsection (b) and inserting in place thereof the following subsection:- (b) The division shall establish a green communities program to provide technical and financial assistance, in the form of grants and loans, to municipalities and other local governmental bodies that qualify as green communities under this section. These loans and grants shall be used to finance all or a portion of the costs of studying, designing, constructing and implementing energy efficiency activities, including, but not limited to: (i) energy conservation measures and projects; (ii) procurement of energy management services; (iii) installation of energy management systems; (iv) adoption of demand side reduction initiatives; (v) deployment of energy storage, microgrids or district energy systems connected to renewable energy generation; (vi) installation of zero-emissions vehicles, charging equipment, infrastructure or related technologies; (vii) coordination of residential or small business clean energy outreach, technical assistance or financing programs; and (viii) the adoption of energy efficiency policies. The loans and grants shall also be used to finance the siting and construction of renewable and alternative energy projects on municipally-owned land.

SECTION 51. Subsection (a) of section 11F of chapter 25A, as so appearing, is hereby amended by striking out, in line 18 and 19, the words “2029; and (5)” and inserting in place thereof the following words:- 2020; (4) an additional 3.5 per cent of sales each year thereafter.

SECTION 52. Chapter 25A of the General Laws, as so appearing, is hereby amended by inserting after section 11F½ the following section:- Section 11F3/4. (a) Each municipal lighting plant shall establish a greenhouse gas emissions standard, which shall be known as the “Municipal Lighting Plant GGES.”

(b) A Municipal Lighting Plant GGES shall set the minimum percentage of non-carbon emitting energy sold by each municipal lighting plant to all retail end-user customers purchasing electricity pursuant to rates established pursuant to section 58 of chapter 164 as follows: (i) 50 per cent non-carbon emitting energy by 2030; (ii) 75 non-carbon emitting energy per cent by 2040; and (iii) energy sales achieving net-zero greenhouse gas emissions by 2050. (c) For the purposes of this section, “non-carbon emitting” shall mean: (i) energy from facilities using the following generation technologies, but only to the extent that any renewable energy credits, emission free energy certificates or other evidentiary non-carbon emitting documentation associated therewith have not been sold, retired, claimed or otherwise represented by another party as part of electrical energy output or sales or used to satisfy obligations in jurisdictions other than the commonwealth: (1) solar photovoltaic; (2) solar thermal electric; (3) hydroelectric, including imports into the New England wholesale electric market as administered by ISO New England Inc.; (4) nuclear; (5) marine or hydrokinetic energy; (6) geothermal energy; (7) landfill methane; (8) anaerobic digester gas; (9) wind energy; and (10) any other generation qualifying for renewable portfolio standards pursuant to section 11F or the department of environmental protection’s clean energy standard regulation pursuant to 310 C.M.R. 7.75 ; (ii) generation that has net lifecycle GHG emissions, over a 20 year life cycle, that yield at least a 50 per cent reduction of greenhouse gas emissions per unit of useful energy relative to the lifecycle greenhouse gas emissions from the aggregate use of the operation of a new combined cycle natural gas electric generating facility using the most efficient commercially available technology as of the date of the statement of qualification application to the department of environmental protection for the portion of electricity delivered by the generation unit; (iii) clean energy credits such as renewable energy certificates, emission free energy certificates or other evidentiary non-carbon emitting documentation derived from each megawatt hour of generation from a resource, that are produced, documented or classified in the NEPOOL GIS that have not otherwise been, nor will be, sold, retired, claimed or represented as part of electrical energy output or sales, or used to satisfy obligations in jurisdictions other than the commonwealth; (iv) generation from resources otherwise determined by the department; or (v) any combination of clauses (i) to (iv).

(d) In satisfying the minimum percentages set forth in subsection (b), municipal lighting plants may either purchase or generate non-carbon emitting energy. Non-carbon emitting energy from resources using the types of technology set forth in this section, acquired via ownership interest or purchase pursuant to contracts executed prior to the effective date of this act, shall qualify in calculating the minimum percentages contained in subsection (b).

(e) A municipal lighting plant shall file an annual report with the department, using a form specified by the department, demonstrating compliance with this section. If a municipal lighting plant fails to comply with the requirements of this section, it shall make a one-time alternative compliance payment, to be known as the “Municipal Lighting Plant ACP” for the year of non-compliance, and on the anniversary of each year that said non-compliance continues thereafter, in the amount 0.25 times the Renewable Portfolio Standard ACP set forth in the department’s regulations at 225 C.M.R. 14.00 et seq. per kilowatt hour based on the amount of such deficiency, escalated annually by the Consumer Price Index, but in no event shall said ACP exceed $0.010 per kilowatt hour. Such Municipal Lighting Plant ACP shall be deposited into a fund that shall be maintained and administered by the municipal light plant and such fund shall be used by the municipal light plant to fund greenhouse gas emissions reduction and related programs in its service territory.

SECTION 53. Said chapter 25A is hereby further amended by inserting after section 17 the following section:- Section 18. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:- “Energy”, electricity, natural gas, steam, hot or chilled water, heating oil, propane or other product designated by the department used for heating, cooling, lighting, water heating or for powering or fueling other end uses.

“Energy use benchmarking tool”, the ENERGY STAR Portfolio Manager, an online energy use benchmarking tool used by the United States Environmental Protection Agency for reporting and managing the energy performance, water efficiency and greenhouse gas emissions of building, or a tool capable of: (i) performing all the functions relevant to compliance with this section; (ii) allowing for reporting by third parties, including, but not limited to, gas distribution and electric distribution companies; and (iii) exchanging information and data with the ENERGY STAR Portfolio Manager.

“Gross floor area”, the total number of square feet measured between the principal exterior surfaces of enclosing fixed walls.

“Nonresidential building”, a building or multiple buildings on a parcel of which not less than 50 per cent of the gross floor area, including hallways or other common space, but excluding parking, is used for commercial, retail, office, professional, educational or other nonresidential purposes or any grouping of nonresidential buildings designated by the department as an appropriate reporting unit for the purposes of this chapter; provided, however, that “nonresidential building” shall not include a state-owned building.

“Owner,”, the owner of record of a building, or a designated agent thereof, including, but not limited to, the association or organization of unit owners responsible for management in the case of a condominium, the board of directors in the case of a cooperative apartment corporation, and the net lessee in the case of a building subject to a net lease with a term of not less than 49 years, inclusive of all renewal options.

“Residential building”, a building or multiple buildings on a parcel comprised of 35 or more individual dwelling units of which not less than 50 per cent of the gross floor area, including hallways and other common space serving residents, but excluding parking, is used for dwelling purposes or any grouping of residential buildings designated by the department or a municipality as an appropriate reporting unit for the purposes of this chapter; provided, however, that “residential building” shall not include a state-owned building.

“State-owned building”, a building: (i) owned by the commonwealth or an agency or political subdivision thereof; or (ii) for which the commonwealth or an agency or political subdivision thereof regularly pays all annual energy bills.

“Tenant”, any tenant, tenant-stockholder of a cooperative apartment corporation or condominium unit owner.

(b) For any building identified in subsection (c), the department shall undertake energy use benchmarking to determine whether the building utilizes more or less energy, and emits more or less greenhouse gas, than buildings of comparable size, occupancies and uses. To conduct the benchmarking, the department shall create, procure or designate an energy use benchmarking tool and shall provide technical support and assistance on the use of the benchmarking tool to the owners of buildings subject to this section.

(c)(1) Not later than May 1 of each year, the owner of each residential building, each nonresidential building consisting of not less than 35,000 square feet of gross floor area and each state-owned building consisting of not less than 35,000 square feet of gross floor area shall utilize the energy use benchmarking tool to accurately report to the department, or cause to be accurately reported to the department, the building’s energy use for the previous calendar year and any other building characteristics determined by the department to be necessary to establish the absolute and relative energy use of the building. The owner of a building subject to this subsection may authorize a gas or electric distribution company or other third party to report building-specific data to the department and the gas or electric distribution company shall report building-specific data to the department upon such authorization; provided, however, that such authorization shall not relieve an owner from compliance with this section. The department shall establish a deadline extension or hardship waiver process for owners who, in the judgment of the department, demonstrate cause for a deadline extension or hardship waiver. To administer this section, the department may establish building types, including, but not limited to, classifications by region, status within a historic district established under chapter 40C and historic district commissions in the commonwealth established by a special act of the legislature, size and occupancy and use, including whether tenant-occupied units or spaces are separately metered, and may establish varying reporting requirements for each type.

(2) Annually, an owner of a building with separately-metered and tenant-occupied units or spaces shall request from each tenant of the building all information necessary to comply with the requirements of paragraph (1) and each tenant shall report the required information to the owner. Between January 1 and March 31, an owner shall, in a manner approved by the department, request information relative to a tenant’s energy use in the previous calendar year. Upon receipt of an informational request pursuant to this subsection, a tenant of a building shall report to the owner the required information not later than May 31. If a separately-metered tenant has occupied all or a portion of a building subject to the reporting requirements of this section and has vacated the space before reporting energy use to the owner, the owner may immediately request such information for any period of occupancy relevant to the owner’s obligation to report and the tenant shall respond within 30 days. The department shall develop values or formulas that an owner may use to estimate whole-building energy use where the owner has made good-faith efforts to obtain required energy use information from a current or former tenant and has been unsuccessful. Failure of a tenant to report energy use information shall not relieve an owner from complying with this section. Failure of an owner to report energy use information to the department shall not impose liability on a tenant. If ownership of a building covered by this paragraph is transferred, the seller shall make reasonable efforts to provide the buyer with information necessary for the buyer to timely report benchmarking data for the entire calendar year, if practicable.

(3) The department shall allow a city or town to collect the energy use information required under paragraph (1) in lieu of collection by the department and to require owners of appropriate buildings within its borders to report the information to the city or town if the municipality: (i) notifies the department by October 31 that it will assume the reporting responsibilities required under this section; and (ii) utilizes an energy use benchmarking tool. Annually, not later than April 1, a city or town that collects energy use information under this paragraph shall collect and forward to the department, on a building-by-building basis, the required energy use information from the previous calendar year. The department may designate standardized units of measure and standardized formats to be utilized by a city or town in the reporting and collection of building energy use information. The department shall make reasonable efforts to streamline reporting requirements in a city or town that collects energy use information under this paragraph.

(4) If an occupied building subject to the requirements of this section is transferred, the buyer shall make reasonable efforts to report energy use information for the building for the entire calendar year, if practicable.

(d) Annually, not later than October 1, the department shall make available on its website energy use information and data for the preceding calendar year for each building subject to this section. For each building, the information made available shall include, but not be limited to: (i) the municipality in which the building is located; (ii) the building’s total energy use in MMBTU, total greenhouse gas emissions in pounds of carbon dioxide equivalent, total square footage, energy intensity in kBTU per square foot and greenhouse gas emissions per square foot in pounds of carbon dioxide equivalent per square foot; (iii) the breakdown of the building’s energy use by electricity, gas, steam and other sources; and (iv) an energy performance rating or assessment score, where available, as determined by the energy use benchmarking tool. The department shall maintain a privacy and quality assurance process to improve the accuracy and completeness of the available information, including, but not limited to, an opportunity for the owner to review and comment on the information. The department shall provide owners with the opportunity to submit contextual information related to energy use in their buildings and shall disclose such information upon request by the owner. The department shall annually publish summary statistics at the zip code or census tract level on its website.

(e) The department shall prepare an annual comprehensive report on the energy performance of buildings utilizing the information and data collected pursuant to this section. The report shall be protective of privacy information and include, but not be limited to, an analysis of energy performance and greenhouse gas emissions by building size, occupancy, use, energy source, region and, when available, energy performance and greenhouse gas emissions over time. The department shall make available to a regional planning agency, municipality or other public agency requesting such information any data set forth in this section, utilizing such practices as are necessary to prevent the public disclosure of personal information regarding owners and tenants. The report shall be posted on the department’s website and filed with the house and senate committees on ways and means and the joint committee on telecommunication, utilities and energy not later than December 31.

(f) On the basis of the comprehensive reports prepared by the department pursuant to subsection (e) and other information and data as deemed necessary by the secretary of energy and environmental affairs, the secretary shall conduct annual reviews of improvements or the lack thereof in the energy performance of buildings specified in subsection (c). If the reviews indicate a lack of substantial improvement from year to year in the energy performance of a building subject to this section, the secretary may recommend energy actions, assessments, audits and performance standards to improve the energy performance of the building.

(g) The department shall ensure that electric distribution companies and municipal aggregators provide to owners subject to this section up-to-date information regarding energy efficiency opportunities or actions available to increase energy efficiency, including incentives in utility-administered or other energy efficiency programs and changes in energy assessment technology. The department shall prioritize those buildings that have not displayed improvement year-to-year in reducing energy usage.

(g) Nothing in this section shall preempt a city or town from maintaining an energy use benchmarking program or from setting and enforcing energy performance standards for buildings.

SECTION 54. Section 2 of chapter 25B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Central furnace” the following 6 definitions:- “Color rendering index” or “CRI”, the measure of the degree of color-shift objects undergo when illuminated by a light source as compared to the color of those same objects when illuminated by a reference source of comparable color temperature.

“Commercial hot-food holding cabinet”, a heated, fully-enclosed compartment with 1 or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance. A commercial hot-food holding cabinet shall not include heated glass merchandizing cabinets, drawer warmers or cook-and-hold appliances.

“Commercial dishwasher” a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing rinse.

“Commercial fryer” an appliance, including a cooking vessel, in which oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel. Heat is delivered to the cooking fluid by means of an immersed electric element of band-wrapped vessel (electric fryers) or by heat transfer from gas burners through either the walls of the fryer or through tubes passing through the cooking fluid (gas fryers).

“Commercial oven” means a chamber designed for heating, roasting, or baking food by conduction, convection, radiation, and/or electromagnetic energy

“Commercial steam cooker,” also known as “compartment steamer,” a device with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. Models may include countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.

SECTION 55. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Compensation” the following 3 definitions:- “Dual-flush effective flush volume”, the average flush volume of 2 reduced flushes and 1 full flush.

“Dual-flush water closet”, a tank-type water closet incorporating a feature that allows the user to flush the water closet with either a reduced or a full volume of water.

“Electric vehicle supply equipment” means the conductors, including the ungrounded, grounded, and equipment grounding conductors, the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the premises wiring to the electric vehicle. Charging cords with NEMA 5-15P and NEMA 5-20P attachment plugs are considered electric vehicle supply equipment. Excludes conductors, connectors, and fittings that are part of a vehicle.

SECTION 56. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by striking out the definition of “High-intensity discharge lamp”.

SECTION 57. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Electricity Ratio (ER)” the following 2 definitions:- “Faucet”, a lavatory faucet, kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a lavatory or kitchen faucet.

“Flow rate”, the rate of water flow of a plumbing fitting.

SECTION 58. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “F96T12 Lamp” the following 5 definitions:- “General service lamp” has the same meaning as set forth in 10 CFR 430.2.

“State-regulated general service lamp” includes the following: (1)Shatter-resistant incandescent lamps, 3-way incandescent lamps and high lumen output incandescent lamps rated at more than 2600 lumens or, in the case of a modified spectrum lamp, more than 1950 lumens, and less than or equal to 3,300 lumens.

(2)Incandescent reflector lamps that are: (a)ER30, BR30, BR40, or ER40 lamps rated at 50 Watts or less;

(b)BR30, BR40, or ER40 lamps rated at 65 watts;

(c)R20 lamps rated at 45 watts or less.

(3)Incandescent lamps that are:”

(a)T shape lamps rated at ≤ 40 Watts or ≥ 10 inches in length;

(b)B, BA, CA, F, G-16½, G-25, G-30 and S shape lamps;

(c)M-14 lamps rated at ≤ 40 Watts.

“Hand-held showerhead” means a showerhead that can be held or fixed in place for the purpose of spraying water onto a bather and that is connected to a flexible hose.

“High color rendering index fluorescent lamp”, a fluorescent lamp with a color rendering index of 87 or greater that is not a compact fluorescent lamp.

“Metering faucet”, a fitting that, when turned on, will gradually shut itself off over a period of several seconds.

SECTION 59. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “New appliance” the following 4 definitions:-

“On demand”, when the water cooler heats water as it is requested.

“Plumbing fitting”, a device that controls and guides the flow of water in a supply system. “Plumbing fixture”, an exchangeable device, which connects to a plumbing system to deliver and drain away water and waste.

“Portable electric spa”, a factory-built electric spa or hot tub which may or may not include any combination of integral controls, water heating or water circulating equipment.

SECTION 60. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Probe-start metal halide ballast” the following definition:-

“Public lavatory faucet”, a fitting intended to be installed in nonresidential bathrooms that are accessible to walk-in traffic.

SECTION 61. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Refrigerator-freezer” the following definition:-

“Replacement aerator”, an aerator sold as a replacement, separate from the faucet to which it is intended to be attached.

SECTION 62. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Residential furnace or boiler” the following 2 definitions:- “Residential ventilating fan”, a ceiling, wall-mounted, or remotely mounted in-line fan designed to be used in a bathroom or utility room, whose purpose is to move air from inside the building to the outdoors.

“Showerhead”, a device through which water is discharged for a shower bath and includes a handheld showerhead, but does not include a safety showerhead.

SECTION 63. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Single-voltage external AC to DC power supply” the following 2 definitions:-

“Standby power”, the average power in standby mode, measured in watts.

“Spray sprinkler body” the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice.

SECTION 64. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “State plumbing code” the following definition:-

“Storage-type”, thermally conditioned water that is stored in a tank in the water cooler and is available instantaneously, including, but not limited to, point of use, dry storage compartment and bottled water coolers.

SECTION 65. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Transformer” the following 4 definitions:-

“Trough-type urinal”, a urinal designed for simultaneous use by 2 or more persons.

“Urinal”, a plumbing fixture that receives only liquid body waste and conveys the waste through a trap into a drainage system.

“Water closet”, a plumbing fixture with a water-containing receptor that receives liquid and solid body waste through an exposed integral trap into a drainage system.

“Water cooler”, a freestanding device that consumes energy to cool or heat potable water; provided however, that such device is not wall-mounted, under-sink or otherwise building integrated.

SECTION 66. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Water heater” the following definition:-

“Water use”, the quantity of water flowing through a showerhead, faucet, water closet or urinal at point of use.

SECTION 67. Section 3 of said chapter 25B, as so appearing, is hereby amended by inserting after clause (j) the following clauses:-

(k) commercial hot-food holding cabinets.

(l) computers and computer monitors.

(m) state-regulated general service lamps.

(n) high CRI fluorescent lamps.

(o) plumbing fittings.

(p) plumbing fixtures.

(q) portable electric spas.

(r) water coolers.

(s) residential ventilating fans

(t) commercial ovens

(u) commercial dishwashers

(v) commercial fryers

(w) commercial steam cookers

(x) spray sprinkler bodies

(y) electric vehicle supply equipment

SECTION 68. Section 5 of said chapter 25B, as so appearing, is hereby amended by striking out the words, in line 24, “clauses (f) to (s)” and inserting in place thereof the following words:- clauses (f) to (y).

SECTION 69. The third paragraph of said section 5 of said chapter 25B, as so appearing, is hereby amended by adding after clause (5) the following clauses:-

(6) Commercial hot-food holding cabinets shall meet the qualification criteria of the ENERGY STAR program product specifications for commercial hot-food holding cabinets, Version 2.0.

(7) Computers and computer monitors shall meet the requirements of section 1605.3 of Title 20 of the California Code of Regulations, as in effect on the date of enactment of this Act, as measured in accordance with test methods prescribed in section 1604 of those regulations.

1) The rules shall define “computer” and “computer monitor” to have the same meaning as set forth in 20 C.C.R. § 1602(v).

2) The referenced portions of the C.C.R. shall be those adopted on or before the effective date of this act. However, the commissioner shall have authority to amend the rules so that the definitions of “computer” and “computer monitor” and the minimum efficiency standards for computers and computer monitors conform to subsequently adopted modifications to the referenced sections of the C.C.R.

(8) State-regulated general service lamps shall meet or exceed a lamp efficacy of 45 lumens per watt, when tested in accordance with the applicable federal test procedures for general service lamps, prescribed in Section 430.23 (gg) of Title 10 of the Code of Federal Regulations.

(9) High CRI, fluorescent lamps shall meet the minimum efficiency requirements contained in Section 430.32(n)(4) of Title 10 of the Code of Federal Regulations as in effect on January 3, 2019, when tested in accordance with the test procedure prescribed in Appendix R to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations as in effect on January 3, 2019:

(10) Plumbing fittings shall meet the following requirements:

(a) When tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations: the flow rate of lavatory faucets and replacement aerators shall not be greater than 1.5 gallons per minute (hereafter referred to as gpm) at 60 pounds per square inch (hereafter referred to as psi); for sprayheads with independently controlled orifices and manual controls, the maximum flow rate of each orifice that manually turns on or off shall not exceed the maximum flow rate for a lavatory faucet; and for sprayheads with collectively controlled orifices and manual controls, the maximum flow rate of a sprayhead that manually turns on or off shall be the product of (i) the maximum flow rate for a lavatory faucet, and (ii) the number of component lavatories (rim space of the lavatory in inches (millimeters) divided by 20 inches [508 millimeters]);

(b) The flow rate of residential kitchen faucets and replacement aerators shall not be greater than 1.8 gpm with optional temporary flow of 2.2 gpm at 60 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations; and

(c) The flow rate of public lavatory faucets and replacement aerators shall not be greater than 0.5 gpm at 60 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations;

(d) The flow rate of showerheads shall not be greater than 2.0 gpm at 80 psi when tested in accordance with the flow rate test procedure prescribed in Appendix S to Subpart B of Par 430 of Title 10 of the Code of Federal Regulations, effective on January 3, 2019.

(11) Plumbing fixtures shall meet the following requirements:

(a) The water consumption of urinals and water closets, other than those designed and marketed exclusively for use at prisons or mental health care facilities, shall be no greater than the values shown in items (a)(ii)(A) through (a)(ii)(D) when tested in accordance with the:

(i) Water consumption test prescribed in Appendix T to Subpart B of Part 430 of Title 10 of the Code of Federal Regulations.

(ii) Waste extraction test for water closets (Section 7.9) of ASME A112.19.2/CSA B45.1-2018.

(b) Urinals shall have a maximum flush volume of 0.5 gallons per flush.

(c) Water closets, except for dual-flush tank-type water closets, shall have a maximum flush volume of 1.28 gallons per flush.

(d) Dual-flush tank-type water closets shall have a maximum effective flush volume of 1.28 gallons per flush.

(12) Portable electric spas shall meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency (ANSI/APSP/ICC-14-2019).

(13) Water coolers shall have on mode with no water draw energy consumption, a test that records the 24-hour energy consumption of a water cooler with no water drawn during the test period, less than or equal to the following, as measured in accordance with the test criteria prescribed in Version 2.0 of the ENERGY STAR program product specifications for water coolers:

(a) 0.16 kilowatt-hours per day for cold-only and cook-and-cold units;

(b) 0.87 kilowatt-hours per day for hot-and-cold units—storage type; and

(14) Residential ventilating fans shall meet the qualification criteria of the ENERGY

STAR Program Requirements Product Specification for Residential Ventilating Fans, Version 4.1.

(15) Commercial ovens included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Ovens, Version 2.2, shall meet the qualification criteria of that specification.

(16) Commercial dishwashers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Dishwashers, Version 2.0, shall meet the qualification criteria of that specification.

(17) Commercial fryers included in the scope of the ENERGY STAR Program Requirements Product Specification for Commercial Fryers, Version 2.0, shall meet the qualification criteria of that specification.

(18) Commercial steam cookers shall meet the requirements of the ENERGY STAR Program Requirements Product Specification for Commercial Steam Cookers, Version 1.2.

(19) Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense Specification for Spray Sprinkler Bodies, Version 1.0, shall include an integral pressure regulator and shall meet the water efficiency and performance criteria and other requirements of that specification.

(20) Electric vehicle supply equipment included in the scope of the ENERGY STAR Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.0 (Rev. Apr-2017), shall meet the qualification criteria of that specification.

SECTION 70. Said section 5 of said chapter 25B, as so appearing, is hereby further amended by inserting after the fourth paragraph the following paragraph:-

On or after January 1, 2022, no new, commercial dishwasher, commercial fryer, commercial hot-food holding cabinet, commercial oven, commercial steam cooker, computer or computer monitor, electric vehicle supply equipment, faucet, high CRI fluorescent lamp, portable electric spa, residential ventilating fan, shower head, spray sprinkler body, urinal, water closet, or water cooler may be sold or offered for sale, lease, or rent in the state unless the efficiency of the new product meets or exceeds the efficiency standards set forth in the regulations adopted pursuant to Section 16.

a) On or after the date 12 months after enactment of this ACT, no state-regulated general service lamp may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards provided in Section 16.

SECTION 71. Section 9 of said chapter 25B, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy as of January 1, 2018 pursuant to the Energy Policy and Conservation Act, 10 C.F.R. §§ 430-431, are withdrawn, repealed or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards shall be the previously applicable federal standards and no such product may be sold or offered for sale in the state unless it meets or exceeds such standards.

SECTION 72. Chapter 29 of the General Laws is hereby amended by inserting after section 2GGGGG the following section:-

Section 2HHHHH. There is hereby established and set up on the books of the commonwealth an expendable trust to be known as the Low-Income Support Service Solar Program. The secretary of energy and environmental affairs shall establish a grant program to provide solar energy technology to nonprofit organizations offering support services related to food security, homelessness and emergency shelter. The amounts credited to the trust shall be available for expenditure, subject to appropriation, not to exceed $500,000 in a fiscal year for the costs associated with purchasing and installing solar energy generating equipment for nonprofit organizations that meet criteria set forth by the secretary.

SECTION 73. Section 62 of chapter 30 of the General Laws, as so appearing is hereby amended by inserting after the definition of “Agency” the following 5 definitions:-

"Environmental benefits", the access to clean natural resources, including air, water resources, open space, constructed playgrounds and other outdoor recreational facilities and venues, clean renewable energy sources, environmental enforcement, training and funding disbursed or administered by the executive office of energy and environmental affairs.

“Environmental burdens”, any destruction, damage or impairment of natural resources that is not insignificant, resulting from intentional or reasonably foreseeable causes, including but not limited to, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or storm water flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial or government operations or other activity that contaminates or alters the quality of the environment and poses a risk to public health.

"Environmental justice population", a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria. The secretary may determine that a neighborhood, including any geographic portion, shall not be designated an environmental justice population upon finding the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; a majority of persons age 25 and older in that neighborhood have a college education; the neighborhood does not bear an unfair burden of environmental pollution; and has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.

“Environmental justice principles”, principles that support protection from environmental pollution and the ability to live in and enjoy a clean and healthy environment, regardless of race, color, income, class, handicap, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief or English language proficiency., which includes: (i) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and (ii) the equitable distribution of energy and environmental benefits and environmental burdens.

"Neighborhood,” a census block group as defined by the U.S. Census Bureau, excluding, people who live in college dormitories and people who are under formally authorized, supervised care or custody, including federal, state or county prisons.

SECTION 74. Section 62B of said chapter 30, as so appearing, is hereby amended by striking out the first sentence of the third paragraph and inserting, in place thereof, the following sentence:-

An environmental impact report shall contain statements describing the nature and extent of the proposed project and its environmental and public health impact as result of any development, alteration and operation of the project; studies to evaluate said impacts; all measures being utilized to minimize any anticipated environment and public health damage; and any adverse short-term and long-term environmental and public health consequences that cannot be avoided should the project be undertaken.

SECTION 75. Said section 62B of said chapter 30, as so appearing, is hereby further amended by adding the following paragraph:- An environmental impact report shall be required for any project that is likely to cause damage to the environment that is not insignificant and is located within a distance of 1 mile of an environmental justice population; provided, that for a project that impacts air quality, such environmental impact report shall be required if the project is likely to cause damage to the environment that is not insignificant and is located within a distance of 5 miles of an environmental justice population. Said report shall contain statements about the results of an assessment of any existing unfair or inequitable environmental burden and related public health consequences impacting the environmental justice population from any prior or current, private, industrial, commercial, state, or municipal operation or project that has damaged the environment. The required assessment shall conform to the standards and guidelines established by the secretary. If the assessment indicates an environmental justice population is subject to an existing unfair or inequitable environmental burden or related health consequence the report shall identify any: (i) environmental and public health impact from the proposed project that would likely result in a disproportionate adverse effect on such population, and (ii) potential impact or consequence from the proposed project that would increase or reduce the effects of climate change on the environmental justice population. The secretary may require that an assessment be performed at any stage of the review process.

SECTION 76. Section 62E of said chapter 30, as so appearing, is hereby amended by adding the following paragraph:- No agency shall exempt from an environmental impact report any project that is located in a neighborhood that has an environmental justice population and is reasonably likely to cause damage to the environment, as defined in section 61. The provisions of this paragraph shall not apply to emergency actions essential to avoid or eliminate a threat to public health or safety, or threat to any natural resource, undertaken in compliance with section 62F.

SECTION 77. Chapter 30 of the General Laws is hereby amended by adding after section 62I the following 2 sections:-

Section 62J. To enable the public to assess the impact of proposed projects that affect their environment, health and safety through the project review process established under sections 61 through 62J, inclusive, the secretary shall provide opportunities for meaningful public involvement. For any proposed project that requires the filing of an environmental notification form, the proponent of the project shall indicate on the document whether an environmental justice population that lacks English language proficiency within a designated geographical area is reasonably likely to be affected negatively by the project. If a proposed project is significant and affects an environmental justice population, the secretary shall require additional measures to improve public participation by the environmental justice population. Such measures shall include, as appropriate: (i) making public notices, environmental notification forms, environmental impact reports, and other key documents related to the secretary’s review and decisions of a project review available in English and any other language spoken by a significant number of the affected environmental justice population; (ii) providing translation services at public meetings for a significant portion of an affected environmental justice population that lacks English proficiency in the project’s designated geographic area; (iii) require public meetings be held in accessible locations that are near public transportation; (iv) provide appropriate information about the project review procedure for the proposed project; and (vi) where feasible, establish a local repository for project review documents, notices and decisions. The secretary of energy and environmental affairs may require such additional measures as appropriate for non-significant projects, or to improve participation opportunities for persons in an environmental justice population that lack English language proficiency and do not speak a dominant language spoken by such population.

As used in this section, the term designated geographic area shall mean an environmental justice population located within a distance of 1 mile of a project, unless the project affects air quality then the distance from such project shall be increased to within 5 miles of an environmental justice population.

Section 62K. The secretary shall consider the environmental justice principles, as defined in section 62, in making any policy or determination, or taking any action relating to a project review, undertaken pursuant to sections 61 through 62J, inclusive to reduce the potential for unfair or inequitable affects upon an environmental justice population. To further the environmental justice principles the secretary shall direct its agencies, including the departments, divisions, boards and offices under the secretary’s control and authority, to consider the environmental justice principles in making any policy, determination or taking any other action related to a project review, or in undertaking any project, under said sections and related regulations which is likely to affect environmental justice populations.

In addition, the secretary shall establish standards and guidelines for the implementation, administration and periodic review of environmental justice principles by the executive office of energy and environmental affairs and its agencies.

Section 62L. There shall be an environmental justice council to advise and provide recommendations to the secretary of energy and environmental affairs on relevant policies and standards to achieve the environmental justice principles. The council shall consist of at least 9, but not more than 15 fifteen members appointed by the governor, who shall designate a chair.

Members may be removed without cause, by the governor. All members shall serve without compensation.

The secretary of energy and environmental affairs shall consult with the environmental justice council before making any substantial adoptions, revisions or amendments to any regulation related to the definition of environmental justice population as defined in section 62. The environmental justice council shall conduct a comprehensive analysis by no later than July 31, 2022 and thereafter, every fifth year, to ensure the definition of environmental justice population in section 62 achieves the objectives of the environmental justice principles. The analysis shall include, but not be limited to, an evaluation of this definition as compared to the demographics of environmental justice populations in the commonwealth. As part of the analysis, said council shall provide advice and make recommendations to the secretary on any necessary changes to the percentage thresholds included in this definition and any related regulation. The secretary shall consider the recommendations of the council regarding any proposed changes to the percentage thresholds under this definition, provided however, such changes are needed to achieve and promote the environmental justice principles as defined under section 61. Proposed regulations shall be adopted only after the approval of the council by a majority vote in the affirmative of those members so voting.

The environmental justice council may recommend and provide advice to the secretary on proposed substantial legislative or regulatory changes related to this definition at any time prior to conducting a comprehensive analysis.

SECTION 78. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out clause Forty-fifth and inserting in place thereof the following clause:-

Forty-fifth, Any solar or wind powered system that is capable of producing not more than 125 per cent of the annual energy needs of the residential real property upon which it is located. Any other solar or wind powered system capable of producing energy shall be taxable unless the owner has executed an agreement for a payment in lieu of taxes with the city or town where the system is located. The chief executive officer, as defined in section 7 of chapter 4, of a city or town may execute any such agreement for a payment in lieu of taxes with the owner of a solar or wind powered system in the municipality where the solar or wind powered system is located.

Unless otherwise provided by such agreement, (1) a notice of the payment in lieu of taxes owed for each fiscal year shall be mailed to the owner and due on the dates by which a tax assessed under this chapter would be payable without interest; (2) all provisions of law regarding billing and collecting a tax assessed under this chapter shall apply to the payment in lieu of taxes, including the payment of interest; and (3) upon issuance of the notice, the owner shall have the remedies provided by section 59 and section 64 and all other applicable provisions of law for the abatement and appeal of taxes upon real estate.

Any exemption pursuant to this clause shall be allowed for a period of not more than 20 years from the date of installation of the system; provided, however, that no exemption shall be allowed for any year within that period where the solar or wind powered system is not capable of producing energy as required by this clause. Each owner shall annually, on or before March 1, make a declaration under oath to the assessors regarding the system and power generated for the previous calendar year. This clause shall not apply to projects developed pursuant to section 1A of chapter 164.

SECTION 79. Section 5 of chapter 59 of the General Laws, as so appearing is hereby amended by striking out, in line 13, the words “or Forty-fifth” and inserting in place thereof the following words:- , Forty-fifth or Forty-fifth B.

SECTION 80. Said section 5 of said chapter 59, as so appearing, is hereby further amended by inserting after clause Forty-fifth A the following clause:-

Forty-fifth B, Any qualified fuel cell powered system, the construction of which was commenced after January 1, 2020, that is capable of producing not more than 125 per cent of the annual energy needs of the real property upon which it is located, which shall include contiguous or non-contiguous real property owned or leased by the owner. Any other qualified fuel cell powered system shall be exempt provided that the owner has made to the city or town where the system is located a payment in lieu of taxes. A city or town, acting through the board or officer authorized by its legislative body, may execute an agreement for the payment in lieu of taxes with the owner of a qualified fuel cell powered system in the municipality where the qualified fuel cell powered system is located. Unless otherwise provided by such agreement, (1) a notice of the payment in lieu of tax owed for each fiscal year shall be mailed to the owner and due on the dates by which a tax assessed under this chapter would be payable without interest; (2) all provisions of law regarding billing and collecting a tax assessed under this chapter shall apply to the payment in lieu of taxes, including the payment of interest; and (3) upon issuance of the notice, the owner shall have the remedies provided by section 59, section 64 and all other applicable provisions of law for the abatement and appeal of taxes upon real estate. An exemption under this clause shall be allowed only for a period of 20 years from the date of completion of the construction of the qualified fuel cell powered system; provided, however, that no exemption shall be allowed for any year within that period when the qualified fuel cell powered system is not capable of producing energy as required by this clause. Each owner shall annually, on or before March 1, make a declaration under oath to the assessors regarding the system and power generated for the previous calendar year. This clause shall not apply to projects developed under section 1A of chapter 164.

For the purposes of this clause, “qualified fuel cell powered system” shall mean an integrated system comprised of a fuel cell stack assembly and associated components that utilizes and converts natural gas or renewable fuels into electricity and is being utilized as the primary or auxiliary power system for the real property upon which it is located, which shall include contiguous or non-contiguous real property owned or leased by the owner, or in which the owner otherwise holds an interest.

SECTION 81. Subsection (b) of section 38H of said chapter 59, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- For purposes of this subsection, a generation facility shall not include a facility powered by a qualified fuel cell powered system, as defined in clause Forty-fifth B of section 5, to generate electricity.

SECTION 82. Said chapter 82, as so appearing, is hereby amended by striking out section 40E, and inserting in place thereof the following section:-

Section 40E. Any person or company found by the department, after a hearing, to have violated any provision of sections 40A to 40E, inclusive, shall be fined not more than $200,000;

provided that nothing herein shall be construed to require the forfeiture of any penal sum by a residential property owner for the failure to pre-mark for an excavation on such person's residential property.

SECTION 83. Section 185 of chapter 149 of the General Laws, as so appearing, is hereby amended by inserting, after the definition of “public body” the following definition:-

(3½) “Public utility employer,” a gas and electricity public utility provider.

SECTION 84. Said section 185 of said chapter 149, as so appearing, is hereby further amended by inserting in lines 4, 20, 24, 29, 32 to 33, 33, 42, 43, 57, 61, 79, 84, 88, 89, 97, 99, and 103 after the word “employer” in each instance, thereof the following:- or public utility employer.

SECTION 85. Said section 185 of said chapter 149, as so appearing, is hereby further amended by inserting in lines 33 to 34 and 44 after the word “relationship,” in each instance thereof the following:- including private contractors hired to perform work customarily performed by employees of public utility employers,.

SECTION 86. Section 1E of chapter 164 of the General Laws, as so appearing, is hereby amended in line 12 by inserting after the word “levels” the following:- , public safety measures,.

SECTION 87. Section 1F of said chapter 164, as so appearing, is hereby amended by adding the following:-

(h) The department shall ensure that all written complaints under this section received from customers and the public regarding gas providers are investigated and a response to the complainant provided in a timely manner. The department shall establish a publicly accessible database of all complaints received, noting the category of complaint, the date it was received, the steps taken to address the complaint and that date it was resolved.

SECTION 88. Section 1J of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the figure "250,000" and inserting in place thereof the following figure:- 500,000.

SECTION 89. Said section 1J of said chapter 164, as so appearing, is hereby further amended by striking out, in line 8, the figure "20,000,000" and inserting in place thereof the following figure:- 50,000,000.

SECTION 90. Section 105A of said chapter 164, as so appearing, is hereby amended by striking out, in lines 21 to 23, inclusive, the words "as specified in 49 U.S.C. section 60122(a)(1) or any successor statute enacted into federal law for the same purposes as said section 60122(a)(1)" and inserting in place thereof the following words:- of not more than $500,000 for each violation; provided, however, that the maximum civil penalty under this section for a related series of violations shall be $10,000,000; and, provided further that the dollar limits in this sentence shall be doubled in the event that the department determines that the violator has engaged in one or more similar violations in the three years preceding the violation. A separate violation occurs for each day the violation continues.

SECTION 91. Said Chapter 164 of the General Laws, as so appearing, is hereby amended by inserting after section 115A, the following 3 sections:

Section 115B. The department shall promulgate regulations establishing: (1) inspection and reporting requirements for the inspection of pipe, including gas company service lines connected to an inside meter from the pipeline, and (2) notice to occupants of the inspection process and any findings resulting therefrom, and (3) hazard repair and replacement requirements.

Section 115C. Every gas piping system shall be constructed, operated and maintained in compliance with federal pipeline safety standards pursuant to 49 CFR 192. Notwithstanding any general or special law to the contrary, the department may establish pipeline safety standards that exceed those set forth in 49 CFR 192. In establishing such standards, the department may consider recommended practices issued by industry or non-profit organizations.

Section 115D. The department shall promulgate regulations for improving emergency preparedness and response during emergency situations concerning the transportation or distribution of gas. Regulations shall address communication and coordination between the commonwealth, municipalities and other governmental entities.

SECTION 92. Section 144 of said chapter 164, as so appearing, is hereby amended by inserting the following subsections:

(g) Upon the undertaking of any planned project involving excavation for purposes of performing maintenance on or construction involving gas mains or services by gas company employees, or any blasting work, the gas company shall ensure that employees first locate, identify and mark all gas gates and valves, and verify that all are cleared, operational and accessible in clear sight at ground level in advance of any excavation; and that said gas gates and valves are left cleared and operational following any such project.

(h) A gas company shall ensure that any shut off valve in the significant project area has a gate box installed upon it by its employees to ensure continued public safety.

SECTION 93. Chapter 164 of the General Laws is hereby amended by striking out the first sentence of paragraph (3) of subsection (b) of section 144, as so appearing, and inserting in its place the following:

(3) A Grade 2 leak shall be a leak that is recognized as non-hazardous to persons or property at the time of detection, but justifies scheduled repair based on probable future hazard. The gas company shall repair Grade 2 leaks or replace the main within 6 months from the date the leak was classified; provided, however, that said repair or replacement may take place later than 6 months from the date the leak is classified, but no later than 12 months from the date the leak is classified, if any required permits for such repair or replacement are temporarily withheld consistent with a seasonal moratorium.

SECTION 94. Said section 144 of said chapter 164, as so appearing, is hereby amended by inserting after subsection (g), inserted by amendment 28, the following 3 subsections:-

(h) Each distribution company shall maintain an accurate and timely record of any Grade 3 leaks that, upon re-inspection, are upgraded to a Grade 1 or 2 leak. The department shall establish a service quality metric for the same, and each distribution company shall report any upgrades of Grade 3 leaks to the department on a monthly basis.

(i) The department shall promulgate regulations establishing requirements for the maintenance, timely updating, accuracy, and security of gas distribution company maps and records.

(j) Disruptions in the provision of electronic data, including but not limited to, maps and records relevant to inspections, maintenance, repairs, and construction to its in-house workforce and contractors, lasting more than 30 minutes to field personnel and field contractors shall be incorporated as a metric in the department’s service quality indicators for local distribution companies.

SECTION 95. Section 145 of said chapter 164, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) A gas company shall file with the department a plan to address aging or leaking natural gas infrastructure within the commonwealth and the leak rate on the gas company's natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks. Each company's gas infrastructure plan shall include interim targets for the department's review. The department shall review these interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak rate on and to replace the gas company's natural gas infrastructure in a safe and timely manner.

The interim targets shall be for periods of not to exceed five years. The gas companies shall incorporate these interim targets into timelines for removing all leak-prone infrastructure filed pursuant to subsection(c) and may update them based on overall progress. The department may levy a penalty against any gas company that fails to meet its interim target in an amount up to and including the equivalent of 2.5 per cent of such gas company's transmission and distribution service revenues for the previous calendar year.

SECTION 96. Section 145 of chapter 164 of the General Laws, as so appearing, is hereby amended in line 33 by striking the words “and (vi) any other information the department considers necessary to evaluate the plan.”, and inserting in place thereof - (vi) the relocations of a meter located inside of a structure to the outside of said structure for the purpose of improving public safety; and (vii) any other information the department considers necessary to evaluate the plan.

SECTION 97. Subsection (c) of said section 145 of said chapter 164, as so appearing, is hereby amended by striking out the first sentence of the second paragraph and inserting in place thereof the following sentence:-

As part of each plan filed under this section, a gas company shall include a timeline for removing all leak-prone infrastructure on an accelerated basis specifying an annual replacement pace and program end date with a target end date of either (i) not more than 20 years from the filing of a gas company's initial plan, or (ii) a reasonable target end date considering the allowable recovery cap established pursuant to subsection (f).

SECTION 98. The department of public utilities shall establish rules and regulations by which the qualifications of contractors shall be evaluated. Contractors who wish to be eligible to receive contracts with a gas company to perform gas work shall be required to register and provide all required documentation to meet certification requirements with the department on an annual basis.

SECTION 99. Notwithstanding any general or special law to the contrary, the department of public utilities shall conduct, publish, and periodically update a report detailing the degree to which each gas piping system operator adhered to the department’s safety standards, reviewing the efficacy of said standards in protecting the physical health and financial prosperity of the commonwealth’s residents, and analyzing recent advancements made in th theory and practice of pipeline safety and operation. The report shall include policy recommendations, including, but not limited to, legislation and regulations, that would enhance the safety of gas piping systems by utilizing any theoretical or practical advancements in safety analyzed within it. The department may conduct field audits of gas companies operating in the Commonwealth to ensure compliance with all applicable statutes and regulations, and shall include the results of any such audits in the study required under this section or any subsequent updates to said study. The department shall publish the study no later than 1 year after the effective date of this act and shall publish updates to the study not less than every 36 months.

Said study shall be submitted to the clerks of the house and senate, as well as to the joint committee on telecommunications, utilities and energy.

SECTION 100. Section 1A of chapter 164 of the General Laws, as so appearing, is hereby amended by adding a new subsection:-

(g) Municipalities, including those with environmental justice populations, at high risk from the effects of climate change may approve 1 or more solar energy projects owned and operated by an electric or gas distribution company constructing, owning and operating generation facilities on land owned therein, which is paired, where feasible, with energy storage facilities designed to improve community climate adaptation and resiliency or contribute to the commonwealth meeting its carbon emissions limits established in section 3 of chapter 21N.

Prior to project approval under this section, electric and gas distribution companies shall conduct an outreach program to promote the development of solar energy projects in environmental justice communities and to create program goals, including but not limited to job creation, peak demand reduction and system resiliency. Municipalities with environmental justice populations shall receive a preference for participation in such projects.

For the purposes of this section, a municipality at high risk from the effects of climate shall mean a city or town that can demonstrate to the department current or future significant changes to its population, land use or local economy resulting from changes in climate. Nothing in this section shall have the effect of, overriding, modifying, or terminating any applicable requirements for local zoning and permitting by a municipality.

Notwithstanding sections 1B to 1H of chapter 164, inclusive, electric and gas distribution companies may be eligible to assist a municipality at high risk from the effects of climate change in furthering its climate adaptation and resiliency goals by constructing, owning and operating solar generation facilities paired, where feasible, with energy storage facilities on land owned by the electric or gas distribution company within a municipality, including those with environmental justice communities, at no cost to the municipality, provided that such facilities may receive department approval for cost recovery. Such company shall not construct, own or operate new facilities equaling more than 10 per cent of the total installed megawatt capacity of solar generation facilities in the commonwealth as of July 31, 2020. Projects undertaken on behalf of a municipality for construction of utility-owned solar facilities shall be exempt from the prohibition on utility owned generation, subject to review and approval by the department of public utilities. The department may review municipal petitions for development of utility-owned solar facilities and may allow cost recovery upon a showing that a site-specific development would provide environmental or climate change benefits to the community, municipality or to the commonwealth, or both in combination, warranting a site specific exemption, and that the costs of the project are reasonable.

Affirmation of support by a municipality shall be presented to the department by an electric or gas distribution company in any petition for pre-approval of cost recovery for a sola energy generating facility and energy storage facility, where deemed feasible, and the department shall determine whether the proposal is consistent with the commonwealth’s energy policies, contributes to the climate change resiliency of the host municipality and mitigates peak energy demand. In approving any such proposal, the department shall: (1) provide the criteria applied in reviewing the proposal; (2) provide the evidence provided in support of the proposal and relied on by the department in making its decision; and (3) identify the specific contributions to the commonwealth’s energy policies that will be attributable to the proposed facility and demonstrate the analytical foundation for the department’s approval of utility owned solar facilities.

The department may adopt such rules and regulations as may be necessary to implement this subsection.

SECTION 101. Section 94 of chapter 164 of the General Laws, as so appearing, is hereby amended by inserting after the word “charge”, in line 54, the following words:- or the impact of said rate, price or charge on statewide greenhouse gas emissions and on the ability of the commonwealth to achieve greenhouse gas emission limits and sublimits imposed by statute or regulation.

SECTION 102. Said section 94 of said chapter 164, as so appearing, is hereby further amended by inserting after the word “contract”, in line 71, the following words:- , or the emissions impacts of such contract,

SECTION 103. Section 94A of said chapter 164, as so appearing, is hereby amended by inserting after the word “review”, in line 17, the following words:- , taking into account the impact of the contract on statewide greenhouse gas emissions and on the ability of the commonwealth to achieve greenhouse gas emission limits and sublimits imposed by statute or regulation.

SECTION 104. The second paragraph of subsection (b) of section 134 of said chapter 164, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 3 sentences:-

Notwithstanding any other general or special law to the contrary, a municipality or group of municipalities with a certified energy plan shall not be prohibited from proposing an energy plan that contains enhancements that are more specific, detailed or comprehensive or that cover additional subject areas than those contained in a jointly prepared energy plan submitted in accordance with section 21 of chapter 25. Enhancements may be funded by any funding source authorized by subsection (a) of section 19 of said chapter 25. The department shall not withhold approval of an energy plan submitted under this subsection due to considerations of cost efficiency or ratepayer impact if such enhancements are cost effective in accordance with the department’s cost effectiveness screening.

SECTION 105. Section 138 of said chapter 164, as so appearing, is hereby amended by inserting after the word “less”, in line 37, the following words:- ; provided, however, that a “Class I net metering facility” of a municipality or other governmental entity may have a generating capacity of less than or equal to 60 kilowatts per unit.

SECTION 106. Said section 138 of said chapter 164, as so appearing, is hereby further amended by striking out, in line 120, the figure “II” and inserting in place thereof the following figures:- I, II.

SECTION 107. Section 139 of chapter 164 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out in lines 60 through 64, inclusive, the words “A solar net metering facility may designate customers of the same distribution company to which the solar net metering facility is interconnected and that are located in the same ISO-NE load zone to receive such credits in amounts attributed by the solar net metering facility.” and inserting in place thereof the following words:- A solar net metering facility may designate customers of any distribution company located in the commonwealth to receive such credits in amounts attributed by the solar net metering facility.

SECTION 108. Section 139 of chapter 164, as so appearing, is hereby amended by inserting after subsection (i) the following new subsection:

(i 1/2) A Class I net metering facility greater than 25 kilowatts in nameplate capacity, a Class II net metering facility or a Class III net metering facility with an executed interconnection agreement with a distribution company on or after January 1, 2021 shall be exempt from the aggregate net metering capacity that are not net metering facilities of a municipality or other government entity under subsection (f), and may net meter and accrue Class I, Class II or Class III net metering credits if it is generating renewable energy and serves on-site load, other than parasitic or non-station load; provided, that any credits accrued in excess of its annual electricity consumption for the period running from April through the following March shall be credited or paid out for such excess credits at the utility’s avoided cost rate.

SECTION 109. Notwithstanding any general or special law to the contrary, the department of energy resources shall investigate the necessity, benefits and costs of requiring distribution companies, as defined in section 1 of chapter 164 of the General Laws, to jointly and competitively conduct additional offshore wind generation solicitations and procurements of up to approximately 2,800 megawatts of aggregate nameplate capacity, in addition to the solicitations and procurements required by section 83C of chapter 169 of the acts of 2008, as amended by chapter 188 of the acts of 2016, and section 21 of chapter 227 of the acts 2018 and shall require said additional solicitations and procurements by December 31, 2035; provided further, that the department may require additional solicitations and procurements if it believes they are necessary to meet emissions reductions requirements of section 4 of Chapter 21N; provided, however, that for said solicitations and procurements, as outlined in this section, the department of energy resources may also require distribution companies to jointly and competitively solicit and procure proposals for offshore wind energy transmission sufficient to deliver energy generation procured pursuant to this section from designated wind energy areas for which a federal lease was issued on or after January 1, 2012 that may be developed independent of such offshore wind energy generation; provided further, that such transmission service shall be made available for use by more than 1 wind energy generation project and shall not exceed the generation capacity authorized by this section; provided further, that any selection of offshore wind energy transmission shall be the most cost-effective mechanism for procuring reliable, low-cost offshore wind energy transmission service for ratepayers in the commonwealth.

SECTION 110. Section 11 of chapter 75 of the acts of 2016 is hereby amended by adding the following 2 subsections:-

(d) For any solar incentive program developed pursuant to this section, the department of energy resources shall set aside a portion of each capacity block to be allocated to solar tariff generation units that primarily serve low-income customers, including, but not limited to, low income solar tariff generation units, low-income property solar tariff generation units and low income community solar tariff generation units, as defined by the department, respectively. In implementing the set-aside required by this section, the department shall also maintain solar incentives that benefit solar tariff generation units primarily serving low-income customers.

(e) In implementing the set-aside required by subsection (d), the department of energy resources shall hold not less than 3 public hearings in communities with a high proportion of low-income customers, as defined by the department. The department shall develop and execute an outreach program to educate and inform low-income customers and residents of low-income and moderate-income housing about the benefits and savings associated with participation in the solar incentive programs established pursuant to this section. The department shall ensure that the outreach program is readily accessible, transparent and user-friendly to all users and potential users, including residents of communities whose primary language is not English. In developing an outreach program pursuant to this section, the department shall engage and consult with low income residents and underserved customers and communities

SECTION 111. (a) The department of public utilities shall establish a future utility grid commission for the purpose of studying and making recommendations regarding the establishment of a long-term grid modernization plan to facilitate upgrades to the electric and gas distribution systems located in the commonwealth, including but not limited to: (i) infrastructure and system investments necessary to implement the state’s clean energy and climate change requirements; (ii) clean energy and energy storage deployment targets and incentive programs; (iii) the state’s clean energy and climate plans and emission reduction requirements set by

chapter 21N of the General Laws; and (iv) transitioning in the commonwealth from energy derived from fossil fuels to energy derived from clean, non-emitting renewable sources, in order to reach net zero statewide greenhouse gas emissions by 2050.

(b) The commission shall review and incorporate department findings from the department’s regulatory processes regarding short to medium-term grid modernization planning, including utilization of consensus filings and findings related to: (i) cost allocation; (ii) a timeline enforcement mechanism; (iii) interconnection of renewable energy and energy storage systems and a standard interconnection process; (iv) affected system operator studies; (v) state and federal jurisdiction governing the electric distribution and transmission system; (vi) the management of high volumes of applications to incentive programs for distributed energy generation; (vii) the interconnection process for distributed generation facilities interconnecting to the distribution and transmission system; (viii) and advanced metering requirements.

(c) The commission shall examine whether the department should implement a system planning process for electric and gas distribution systems that shall: (i) create a technical foundation to understand the physical and electrical state of current grid infrastructure including existing and planned interconnection projects as well as future scenarios; (ii) analyze the evaluation and approval process for infrastructure investment proposals from distribution companies that meet the department’s requirements to maintain the safety and reliability of the distribution system, minimize costs to ratepayers, and comply with the state’s clean energy and climate change requirements outlined in subsection (a); (iii) determine a method for dispute resolution for interconnecting distributed generation facilities to the electric distribution system conducted by the department; (iv) determine an appropriate cost recovery mechanism for electric and gas distribution companies to deploy necessary upgrades approved by the department; (v) determine an appropriate penalty structure that applies to the interconnection process to ensure the timely deployment of distributed generation facilities; and (vi) examine opportunities to increase deployment of energy storage systems that facilitate the state’s ability to comply with its clean energy and climate change requirements.

(d) The commission shall consist of 21 members or their designees: the secretary of energy and environmental affairs or a designee, who shall serve as chair; the chair of the department of public utilities or a designee; the commissioner of the department of energy resources or a designee; the commissioner of the department of environmental protection or a designee; the chief executive officer of the Massachusetts clean energy technology center established pursuant to section 2 of chapter 23J of the General Laws or a designee; the attorney general in the role of the commonwealth’s ratepayer advocate or a designee; and 15 members who shall be appointed by the chair: 1 of whom shall be a representative from the distributed energy generation industry; 1 of whom shall be a representative from the energy storage industry; 1 of whom shall be a representative from the offshore wind electric generation industry; 1 of whom shall be a representative from a higher education institution with expertise in utility engineering; 3 of whom shall be a representative from each of the electric distribution companies located in the commonwealth; 1 of whom shall be a municipal official to be nominated by the Massachusetts Municipal Association, Inc.; 3 of whom shall be representatives from environmental organizations; 1 of whom shall be a representative from the business community; 1 of whom shall be a representative from an organization that serves low-income ratepayers; 1 of whom shall be a representative from a regional planning agency; and 1 of whom shall be a representative from the executive office of energy and environmental affairs’ global warming solutions act implementation advisory committee. The commission may request from all state agencies such information and assistance as the commission may require and may retain consultants as necessary.

(e) The commission shall convene its first meeting on or before March 31, 2021. The commission shall meet regularly and provide at least 3 opportunities for public comment in different geographical areas of the state. The commission shall file its recommendations, including drafts of legislation, with the clerks of the house of representatives and the senate and with the chairs of the joint committee on telecommunications, utilities and energy not later than November 1, 2021.

SECTION 112. There shall be a land use commission to develop recommendations on land use restrictions within the Solar Massachusetts Renewable Target (SMART) Program. The commission shall develop recommendations on developing land use policies to encourage conservation of open space, farm and forestlands in a responsible manner. The commission shall review the negative impacts of the SMART program on the development of solar facilities in the commonwealth and consider the economic viability of farmlands, forest management practices and the balance of farm preservation through utilization of solar as an economic tool. The commission shall also consider the social value of community solar projects and best practices for carbon sequestration.

The commission shall consist of 13 members appointed by the governor; the commissioner of the department of energy resources or a designee, who shall serve as chair; the executive director of the Massachusetts Municipal Association or a designee; the executive director of the Massachusetts Farm Bureau or a designee; the executive director of the Massachusetts Forest Alliance or a designee; the executive director of the Massachusetts Cranberry Growers Association or a designee; 1 member of an environmental organization; 1 member of a conservation group; 1 member from a business that develops solar facilities, 1 member of the community shared solar group; 1 member who is an owner of an active farm; 1 member with experience working with low-income communities on community shared solar programs, 1 member of a local or regional land trust organization, and 1 member from the Natural Heritage and Endangered Species Program.

The department of energy resources shall provide assistance and shall staff the commission meetings. The commission members shall serve without compensation. The commission shall file a report with the house and senate committees on ways and means and the joint committee on telecommunications, utilities and energy not later than July 1, 2021.

SECTION 113. The department of public utilities may, upon application of a gas company, as defined in section 1 of chapter 164 of the General Laws, authorize 1 or more pilot projects for the development of utility-scale renewable thermal energy, including non-carbon emitting technologies for energy savings and energy storage. Such application shall be filed with the department on or before January 1, 2023. The department may approve recovery of costs for pilot projects situated in the commonwealth that demonstrate the costs and benefits of: (i) utility scale renewable thermal energy sources, systems or technologies capable of substituting for fossil-based natural gas; or (ii) utility-scale renewable thermal energy replacements for, or alternative uses of, infrastructure constructed originally to generate, transmit or distribute fossil based natural gas; provided, however, that such substitute renewable thermal energy sources, systems or technologies, and such replacements or alternative uses, have a reasonable likelihood of facilitating substantial reductions in greenhouse gas emissions that satisfy the mandates of greenhouse gas reductions set forth in chapter 21N of the General Laws; and provided further, that the pilots shall not include the blending of other fuels with fossil-based natural gas. The department may approve a pilot project in a gas system enhancement plan as replacement for leak prone infrastructure submitted pursuant to section 145 of chapter 164. The department may permit a gas company to bill for thermal energy developed by a pilot project. The department shall ensure transparency and validity of the outcomes of the pilot projects through a third-party evaluation and through reports by the department of energy resources. In determining whether to approve a pilot project, the department shall consider the reasonableness of the size, scope and scale of the pilot project and related budget and whether the benefits of the proposed pilot justify the proposed cost to participating and non-participating customers; provided, however, that the calculation of benefits shall include calculations of the social value of greenhouse gas emissions reductions. The department may promulgate rules or regulations to implement this section.

SECTION 114. The department of energy resources, in consultation with the Massachusetts clean energy center and the carbon reduction research center, shall study the feasibility of optimizing the deployment and utilization of both new and existing long-duration energy storage systems in the commonwealth capable of absorbing energy, storing it for a period of time and thereafter dispatching the energy for a minimum period of five hours or greater. The goal of said systems would be to a) enhance the reliable delivery of electricity to Massachusetts consumers; b) improve the reliability and integration of intermittent renewable energy or clean energy generation; c) reduce carbon emissions; and d) minimize ratepayer costs. The study shall determine the commercial availability of said systems, including performance under frequent deployment, barriers to deployment or utilization, and incentives that could facilitate their deployment or utilization. The department of energy resources shall submit recommendations to the clerks of the house of representatives and senate and to the house and senate chairs of the joint committee on telecommunications, utilities, and energy no later than March 1, 2021.

SECTION 115. The department of energy resources shall study the feasibility of ferry operators located in the commonwealth to convert vessel fleets to electric and hybrid electric ferries by 2050 to comply with the requirements of chapter 21N of the General Laws. The study shall investigate: (i) the technology necessary to accomplish the transition to electric or hybrid electric ferry service; (ii) the availability of such technology; (iii) costs and benefits of making such transition, the analysis shall include but not be limited to the cost of negative externalities associated with greenhouse gas emissions; (iv) the feasibility of ferry operators to make such transition and any operational or infrastructure limitations to such transition; (v) the availability of technical assistance or other private or public programs to facilitate the transition to electric or hybrid electric ferry service and (vi) the operations of electric ferries already in service in Europe and elsewhere in the world. The department shall make recommendations of a timeline for Massachusetts ferry operators to transition to electric fleets to comply with the state emission reduction goal of net zero greenhouse gas emissions by 2050. The department shall file its recommendations with the clerks of the house of representatives and the senate and the chairs of the joint committee on telecommunications, utilities and energy not later than July 1, 2021.

SECTION 116. Notwithstanding any general or special law to the contrary, the department of energy resources and department of public utilities shall amend any rules, regulations, and tariffs to permit the owner of any new solar facility, including any solar energy generating source, that qualifies for programs pursuant to section 11F of chapter 25A of the General Laws and application regulations that achieves commercial operation on or after January 1, 2021 to: (i) receive credits for any electricity generated by a solar facility that exceeds the owner’s usage during a billing period, with such credits to be credited to a solar facility owner’s customer account with the relevant distribution company, and carried forward from month to month; (ii) designate customers of the same distribution company, regardless of which ISO-NE load zone the customers are located in, to receive such credits in amounts attributed by the solar facility, with such credits applicable to any portion or all of a designated customer’s electric bill; and (iii) direct the distribution company to purchase all or a portion of any credits produced by a solar facility at the rates provided for in the applicable statute, regulation, or tariff without discount or penalty. This section shall not apply to solar net metering facilities.

SECTION 117. The Massachusetts clean energy technology center shall administer a heat pump market development program to fund and offer training, which shall include, but not be limited to, heating oil dealers, for the purpose of expanding markets for space and water heating using efficient heat pump technology. The Massachusetts clean energy technology center may draw upon the Massachusetts Renewable Energy Trust Fund for such purpose if sufficient funds are available. The Massachusetts clean energy technology center may stop offering such program after January 1, 2026.

SECTION 118. Not later than December 31, 2025, the secretary of energy and environmental affairs shall publish a comprehensive energy plan, as required under Executive Order 569. The plan may be prepared in accordance with other requirements of this act, shall be based upon reasonable projections and shall include: (i) the commonwealth’s energy demands for electricity, transportation and thermal conditioning; and (ii) strategies for meeting these demands in a regional context. The plan shall prioritize meeting energy demand through conservation, energy efficiency and other demand-reduction resources in a manner that contributes to the commonwealth meeting the limits and sublimits established pursuant to chapter 21N of the General Laws.

SECTION 119. Section 16 of chapter 25A of the General Laws, as appearing in the 2018 official Edition, is hereby amended by inserting after the word “section”, in line 1, the following words:- and section 18.

SECTION 120. Subsection (a) of said section 16 of said chapter 25A, as so appearing, is hereby amended by adding the following definition:-

“Zero-emission vehicle”, a motor vehicle that produces no engine exhaust carbon emissions.

SECTION 121. Said chapter 25A is hereby further amended by adding the following section:-

Section 18. (a) The commissioner shall, subject to appropriation, establish a program to provide rebates or other financial incentives to consumers who purchase or lease and register and insure in the commonwealth a zero-emission vehicle. Vehicles qualifying for rebates under this section shall: (i) be manufactured primarily for use on public streets, roads and highways; (ii) have an engine that is not modified from the original manufacturer's specifications; and (iii) have been acquired for use or lease by the consumer and not for resale.

(b) A rebate under this section shall not be less than $1,500 per vehicle; provided, however, that no rebate shall be available for a vehicle with a sales price that exceeds $50,000.

(c) The commissioner may promulgate regulations to administer the program established under this section. At least once per calendar year, the commissioner shall provide outreach to underserved consumers and consumers in communities with a high percentage of low-income households with information about the zero-emission vehicle incentive program established under this section.

(d) The commissioner shall publish and regularly update data regarding program usage including, but not limited to: (i) the number and amount of rebates or incentives provided each month; (ii) the make, model and type of vehicle for which the rebate or incentive was issued; (iii) the zip code in which the vehicle is registered; and (iv) the estimated total greenhouse gas emissions reductions achieved from the rebate or incentive issued.

SECTION 122. Section 7A of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fifth paragraph the following paragraph:-

Not later than January 1, 2022, and annually thereafter, the registry shall issue to a municipality, upon request, the following aggregate data for the previous 12 months: (i) the number of vehicles registered in said municipality, including the total numbers of gas-powered vehicles, hybrid vehicles and zero-emission vehicles; and (ii) the average number of miles driven by such gas-powered, hybrid and zero-emission vehicles, respectively. The data shall be protective of privacy information.

SECTION 123. Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by adding the following 2 subsections:-

(s) In consultation with the department of energy resources, to adopt and fully integrate into the state building code requirements that new construction of commercial and residential buildings with not less than 10 parking spaces, as well as major reconstruction, renovation and repair of such buildings, include building electrical service and conduit systems sufficient to support the minimum number of zero-emission vehicle parking spaces; provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not less than 5 per cent of the total number of parking spaces, whichever is greater. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions.

(t) In consultation with the department of energy resources, to adopt and fully integrate into the state building code requirements that new construction of parking facilities with not less than 10 parking spaces, as well as major reconstruction, renovation and repair of such facilities, include building electrical service and conduit systems sufficient to support the minimum number of zero-emission vehicle parking spaces; provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not less than 5 per cent of the total number of parking spaces, whichever is greater.

SECTION 124. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking out, in lines 3 and 4, the words “may include requirements for electric vehicle charging for residential and appropriate commercial” and inserting in place thereof the following words:- shall include requirements for electric vehicle charging for appropriate residential and commercial.

SECTION 125. Said chapter 448 is hereby further amended by inserting after section 6 the following 2 sections:-

Section 6A. (a) The department of energy resources, in consultation with the Massachusetts Department of Transportation and the executive office for administration and finance, shall create and maintain an inventory of motor vehicles owned or leased by the commonwealth. The inventory shall include a critical replacement list consisting of non-zero emission vehicles that, if the non-zero emission vehicle needed to be replaced, replacement with a zero-emission vehicle is operationally feasible and results in a positive lifecycle cost benefit.The critical replacement list shall include, but not be limited to, vehicles that are approaching the end of their useful lives or are otherwise reasonable candidates for replacement and whose replacement presents a high or medium priority opportunity for near-term electrification as indicated in the study completed pursuant to section 6 and published on December 22, 2017 or any successive analysis or study required by law or commissioned by the department of energy resources or Massachusetts Department of Transportation. Not less than every 3 years, the department of energy resources, in consultation with the Massachusetts Department of Transportation, shall revise and update the analysis of opportunities for near-term electrification of vehicles owned, purchased or leased by the commonwealth. For the purposes of this section, “commonwealth” shall include, but not be limited to, the Massachusetts Bay Transportation Authority, Massachusetts Port Authority and Massachusetts Water Resources Authority, but shall not include municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B of the General Laws. Nothing in this section shall prevent or limit the commonwealth from purchasing a zero-emission vehicle for a vehicle or purpose not identified on the critical replacement list.

(b) Not later than January 1, 2024, each purchase or lease by the commonwealth of a motor vehicle identified on the critical replacement list under subsection (a) by the commonwealth, including, but not limited to, the Massachusetts Port Authority and Massachusetts Water Resources Authority, but not including the Massachusetts Bay Transportation Authority, municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B of the General Laws, shall be a zero-emission vehicle. The commonwealth shall prioritize the deployment of zero-emission vehicles in underserved communities and communities with a high percentage of low-income households.

(c) Beginning January 1, 2030, each purchase or lease of a passenger bus by the Massachusetts Bay Transportation Authority shall be a zero-emission vehicle; provided, however, that the Massachusetts Bay Transportation Authority shall seek to replace non-zero emission passenger buses with zero-emission passenger buses before January 1, 2030.

(d) The Massachusetts Bay Transportation Authority shall operate exclusively zero emission passenger buses not later than December 31, 2040; provided, however, that a non-zero emission passenger bus purchased before January 1, 2030 may be operated after December 31, 2040 if its operation is strictly necessary to maintain service levels and prompt plans are in place to replace the bus with a zero-emission passenger bus.

(e) The secretary of transportation and the Massachusetts Bay Transportation Authority, in consultation with the executive office of energy and environmental affairs, shall develop and complete a plan to operate exclusively zero-emission passenger buses not later than December 31, 2040. With respect to early implementation, the plan shall mandate that a majority of buses purchased or leased serve routes serving low-income households and households in underserved communities. Not later than December 31, 2021, the plan shall be filed with the clerks of the senate and house of representatives and the joint committee on transportation and be made publicly available on the Massachusetts Department of Transportation’s website.

Every 5 years until the Massachusetts Bay Transportation Authority operates exclusively zero-emission passenger buses, the secretary shall submit to the clerks of the senate and house of representatives and the joint committee on transportation and post on the Massachusetts Department of Transportation’s website updated progress reports on the implementation of this subsection, including, but not limited to, the number of zero-emission passenger buses operated, the number of non-zero emission passenger buses operated, the number of zero-emission passenger buses operated on routes serving low-income households and households in underserved communities, the number of non-zero emission passenger buses operated on routes serving low-income households and households in underserved communities, barriers to increased numbers of zero-emission passenger buses, if any, and recommended legislative or regulatory action needed to address barriers or otherwise promote compliance with this section and the cost of simultaneously operating zero-emission passenger buses, including, but not limited to, staffing, training, maintenance and other mechanical equipment, facilities, financing and premiums attributable to the purchase of zero-emission passenger buses. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions. For the purposes of this subsection, “low-income” shall have the same meaning as defined under section 1 of chapter 40T of the General Laws.

(f) Not later than March 1, 2021, the Massachusetts Department of Transportation, in consultation with the department of energy resources, shall develop recommendations for the siting of zero-emission vehicle charging facilities to serve state-owned or leased zero-emission vehicles and zero-emission passenger buses across the commonwealth. The recommendations shall consider locations across the commonwealth, including within municipal light plant territories, and shall consider the benefit and potential cost savings to ratepayers for potential locations.

Section 6B. The department of energy resources, in consultation with the Massachusetts Department of Transportation, shall conduct, publish and periodically update a study of the opportunities for near-term electrification of vehicles owned or leased by municipalities, regional school districts and regional transit authorities authorized pursuant to chapter 161B of the General Laws. The study shall include, but not be limited to: (i) an analysis of the cost of vehicle electrification, associated equipment and supplies and possible methods of meeting such costs, including, but not limited to, state financial support, federal financial support and procurements by regional planning agencies and other entities made up of local and regional governments; (ii) recommendations for the allowance within the fleets of non-electric emergency vehicles; and (iii) opportunities to pair electrification with renewable energy resources, energy storage or demand response technology and policy. The department of energy resources shall publish the study on its website not later than 18 months after the effective date of this section and shall thereafter publish revisions of the study on its website not less than every 3 years. The study and subsequent revisions shall be submitted to the clerks of the senate and house of representatives, the joint committee on transportation and the joint committee on telecommunications, utilities and energy and posted on the department of energy resource’s website.

SECTION 126. Notwithstanding any general or special law to the contrary, not later than 1 year after the effective date of this act, the department of energy resources shall publish a guide to assist cities and towns in developing processes and policies to expand electric vehicle parking in municipally-owned parking spaces and lots including, but not limited to, an analysis or guide to pricing incentives for parking for zero-emission vehicles and reserved parking for zero emission vehicles. The guide shall include a review of similar programs established in other states. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions.

SECTION 127. The Massachusetts Bay Transportation Authority, in consultation with the executive office of energy and environmental affairs, shall develop a plan to reduce the carbon emissions of its commuter rail and light rail operations, including a numerical value of the plan’s contribution to meeting statewide greenhouse gas emissions limits and sublimits set by statute or regulation. The plan shall include: (i) an analysis of the cost and benefits of meeting the statewide greenhouse gas emissions limits and sublimits; (ii) energy conservation methodologies, including, but not limited to, regenerative braking, flywheel, battery or capacitor storage and the use of alternative methods for generating electricity; (iii) evaluation of increased electricity demands resulting from steps taken by the authority to reduce greenhouse gas emissions; (iv) feasibility studies, where necessary; and (v) a recommended schedule for implementation.

The authority shall post its plan on the authority’s website not later than 6 months from the effective date of this act.

SECTION 128. For the purposes of this section, an “independent retirement system” shall mean any Massachusetts public pension system under the oversight, monitoring, and regulation of the public employee retirement administration commission, except the state employees retirement system, the state teachers’ retirement system, and the State-Boston retirement system in so far as the assets attributable to teachers who are members of that system; and a “fossil fuel company” shall mean a company identified by a Global Industry Classification Standard code in one of the following sectors: (1) coal and consumable fuels; (2) integrated oil and gas; or (3) oil and gas exploration and production.

Notwithstanding any general or special law to the contrary, any independent retirement system may, in accordance with the procurement process under section 23B of chapter 32 of the General Laws, divest in whole or in part from any investment in fossil fuel companies, the asset of which remain under the direct control and management of the independent retirement system, and are not separately managed or invested by the Pension Reserves Investment Management Board. In accordance with this section, the board of an independent retirement system may, after following the procurement process under said section 23B of said chapter 32, invest in index funds or other investment vehicles that may not include fossil fuel companies.

SECTION 129. Notwithstanding any general or special law to the contrary, with respect to actions taken in compliance with this act, the public fund shall be exempt from any conflicting statutory or common law obligations, including any such obligations with respect to choice of asset managers, investment funds or investments for the public fund’s securities portfolios and all good faith determinations regarding companies as required by this act

SECTION 130. Sections 128 and 129 shall take effect upon passage.

SECTION 131. Section 16 of chapter 298 of the acts of 2008 is hereby amended by 673 striking out the words “, and shall expire on December 31, 2020”.

SECTION 132. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-

Chapter 21Q.

Climate Policy Commission.

Section 1. As used in this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Commission”, the climate policy commission established pursuant to section 2.

“Greenhouse gas emissions”, emission of a greenhouse gas as defined in section 1 of chapter 21N.

“State agency”, a state agency as defined in section 1 of chapter 29.

Section 2. (a) There shall be established a state agency known as the climate policy commission. The commission shall be an independent public entity not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth.

(b) There shall be a board, with duties and powers established pursuant to this chapter, that shall govern the commission and that shall consist of: the secretary of energy and environmental affairs, who shall serve ex officio; 2 members appointed by the attorney general who shall have expertise in energy economics, public health, climate science or statistics, 1 of whom shall be selected from a list of not less than 3 individuals nominated by the energy efficiency advisory council under section 22 of chapter 25; and 6 members appointed by the governor, 4 of whom shall be selected from a list comprised of 1 individual nominated by each president or chancellor of an institution of higher education in the commonwealth classified by the Carnegie Classification System as a doctorate-granting university with very high research activity, 1 of whom shall have expertise in energy economics, public health, climate science or statistics and 1 of whom shall be selected from a list of not less than 3 individuals nominated by the greenhouse gas emissions reduction measures advisory committee established under section 8 of chapter 21N. All persons appointed to the commission shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the commission. A vacancy occurring on the commission shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy shall serve initially only for the unexpired term. Members of the commission shall be eligible for reappointment. The commission shall annually elect 1 of its members to serve as chair and 1 member to serve as vice-chair.

Members shall serve without pay, but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties. No appointed member shall hold full or part-time employment in the executive or legislative branch of state government. Each member of the commission shall be a resident of the commonwealth.

(c) Any action of the commission may take effect immediately and need not be published or posted unless otherwise provided by law. Meetings of the commission shall be subject to sections 18 to 25, inclusive, of chapter 30A; provided, however, that said sections 18 to 25, inclusive, of said chapter 30A shall not apply to any meeting of members of the commission serving ex officio in the exercise of their duties as officers of the commonwealth if no matter relating to the official business of the commission are discussed and decided at the meeting. The commission shall be subject to all other provisions of said chapter 30A and records pertaining to the administration of the commission shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the commission shall be considered to be public funds for purposes of chapter 12A. Except as otherwise provided in this section, the operations of the commission shall be subject to chapter 268A and chapter 268B.

The commission shall not be required to obtain the approval of any officer or employee of any executive agency in connection with the collection or analysis of any information. The commission shall not be required to obtain the approval of any officer or employee of any executive agency with respect to the substance of any reports that the commission has prepared under this chapter before publication.

(d) The commission shall appoint an executive director by a majority vote. The executive director shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the commission determines necessary to fulfill the mission of the commission. The executive director shall supervise the administrative affairs and general management and operations of the commission and also serve as secretary of the commission, ex officio. The executive director shall receive a salary commensurate with the duties of the office.

The executive director may, with the approval of the commission, appoint other officers and employees of the commission necessary to the functioning of the commission.

The executive director shall not be required to obtain the approval of any other executive agency in connection with appointment of employees. Sections 9A, 45, 46 and 46C of chapte 30, chapter 31 and chapter 150E shall not apply to the executive director of the commission. Sections 45, 46 and 46C of chapter 30 shall not apply to any employee of the commission. The executive director may establish personnel regulations for the officers and employees of the commission. Annually, not later than the first Wednesday in February, the executive director shall file a personnel and operations report with the clerks of the senate and house of representatives and the senate and house committees on ways and means. The report shall contain the job classifications, duties and salary of each officer and employee within the commission, personnel regulations applicable to the officers and employees and the revenue and expenditures of the commission. The executive director shall file amendments to the report with the clerks of the senate and house of representatives and the senate and house committees on ways and means when any such amendment becomes effective.

If the position of executive director is vacant, a successor shall be appointed in the same manner as the original appointment for the unexpired term. The executive director shall serve for a term of 5 years. No person shall be appointed as the executive director for more than consecutive 5-year terms.

The commission may remove the executive director from office, for cause, by a majority vote. The reasons for removal of the executive director shall be stated in writing and shall include the basis for such removal.

The executive director shall, with the approval of the commission: (i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the commission; (ii) employ professional and clerical staff as necessary; (iii) report to the commission on all operations under their control and supervision; (iv) prepare an annual budget and manage the administrative expenses of the commission; and (v) undertake any other activities necessary to implement the powers and duties under this chapter.

The commission may approve the use of funds from receipt of up to 2 per cent, not to exceed $5,000,000, of any monies collected by the commonwealth from market-based compliance mechanisms used to address greenhouse gas emissions, including, but not limited to, the regional greenhouse gas initiative established under section 22 of chapter 21A, to support the annual budget of the commission, in addition to funds from any other source and any funds appropriated therefor by the general court. The commission shall not be required to obtain the approval of another executive agency in connection with the development and administration of its annual budget.

The commission shall adopt and amend rules and regulations for the administration of its duties and powers and to effectuate this chapter pursuant to chapter 30A.

Section 3. The commission shall be responsible for tracking and assessing public and private sector progress, or lack thereof, towards meeting any and all limits, sublimits, goals and milestones set by statute or regulation with respect to greenhouse gas emissions and reductions thereto and facilitating such progress.

The focus of the commission shall be comprehensive and economy-wide, including, but not limited to, the specific sectors of electric power, transportation, commercial and industrial heating and cooling, residential heating and cooling, industrial processes, solid waste, agriculture and natural gas transmission, distribution and service.

The commission shall: (i) assess, comment and issue recommendations on the content, design, management and likely effectiveness of specific policies, programs and initiatives proposed or undertaken to reduce or avoid greenhouse gas emissions or substitute non-emitting energy sources;

(ii) assess, comment and issue recommendations on any roadmap, plan, policy, program, initiative, regulation, law or certification issued, proposed, prepared, noticed, undertaken or completed by the commonwealth or any of its political subdivisions with respect to matters within the purview of the commission, including the implications for, and risks to, underserved communities and communities with a high percentage of low-income households, populations and regions of the commonwealth, together with a summary and review of past actions taken to protect, mitigate and, where feasible, improve the condition of low-income and moderate-income persons;

(iii) monitor the adoption of the best available technology and the best standards and practices for reducing greenhouse gas emissions or substituting non-emitting energy sources;

(iv) conduct hearings and undertake inquiries;

(v) make recommendations to state agencies with respect to changes in an agency’s data collection practices or scope;

(vi) review all certificates of compliance issued by the secretary of energy and environmental affairs under section 4 of chapter 21N or by the department of public utilities under section 21 of chapter 25;

(vii) meet at least annually with the advisory council established under section 7;

(viii) review the comprehensive reports prepared under section 18 of chapter 25A and recommend actions to reduce energy consumption and greenhouse gas emissions in buildings subject to said section; and

(ix) gather, serve as a central repository for and disseminate data and analysis to the

public and policymakers from any and all sources that the commission deems relevant to carrying out its charge.

Section 4. (a) The commission shall hold not less than 3 public hearings in geographically diverse locations on each certification filed under section 4 of chapter 21N, not less than 2 of which shall be held in underserved communities and communities with a high percentage of low-income households.

(b) Not later than 60 days after the department of public utilities issues a certificate of

compliance under section 21 of chapter 25, the commission shall hold a public hearing

examining the degree to which the activities undertaken pursuant to each plan contributed to

meeting statewide greenhouse gas emission limits imposed by statute or regulation.

For each public hearing, the commission may require witnesses and testimony from stakeholders, as deemed appropriate by the commission.

Section 5. The commission shall periodically report to the governor, the senate president, the speaker of the house of representatives, the senate and house committees on ways and means, the senate and house committees on global warming and climate change, the joint committee on telecommunications, utilities and energy and the joint committee on environment, natural resources and agriculture on the matters within its purview, including, but not limited to, the commonwealth’s progress towards meeting any and all limits, sublimits, goals and milestones set by statute or regulation with respect to greenhouse gas emissions and the reduction of greenhouse gas emissions; provided, however, that the commission shall report not less than twice a year. The reports shall be public and shall be posted on the commission’s website.

Section 6. The commission shall have the authority to examine, retain and publish all documents and data produced, collected or kept by any state agency that the commission deems relevant to carrying out its charge; provided, however, that a document that a state agency deems not to be a public record under section 3 of chapter 66 shall remain not a public record under the control of the commission.

Section 7. There shall be an advisory council to the commission. The advisory council shall provide advice and input on the overall operation and policy of the commission. The council shall be appointed by the governor and comprised of members representing: (i) environmental protection; (ii) low-income and moderate-income population advocacy; (iii) persons of less than 18 years of age; (iv) persons from communities disproportionately impacted by climate change; (v) employees of small business in the green energy sector; (vi) electric power generation and distribution; (vii) transportation; (viii) the distinguishing characteristics and vulnerabilities of rural, suburban and urban households; (ix) farming; (x) consumer protection; (xi) housing; (xii) commercial development; (xiii) industrial and manufacturing; (xiv) sectors that may displace workers through emission reductions efforts and advancements in green technology; (xv) transportation; (xvi) land use; and (xvii) local government.

SECTION 133. (a) It shall be the goal of the commonwealth to meet 100 per cent of Massachusetts’ energy needs with renewable energy by 2035, including the energy consumed for electricity, heating and cooling, transportation, agricultural uses, industrial uses, and all other uses by all residents, institutions, businesses, state and municipal agencies, and other entities operating within its borders.

(b) It shall be the goal of the commonwealth to obtain 100 per cent of the electricity consumed by all residents, institutions, businesses, state and municipal agencies, and other entities operating within its borders from renewable energy sources by 2035.

(c) In meeting these goals, the commonwealth and its agencies shall prioritize (1) models for local and community ownership of renewable energy generation, (2) sources of renewable energy that are located in Massachusetts or elsewhere in New England, (3) sources of renewable energy that represent additional renewable generation capacity added to the grid, (4) non emitting sources of renewable energy, (5) reducing energy consumption through efficiency measures to the greatest extent practicable. In all of its plans to achieve 100 percent renewable energy, the commonwealth and its agencies shall prioritize bringing direct health and financial benefits to environmental justice communities.

SECTION 134. (a) In order to integrate the goal of 100 per cent renewable energy throughout state government operations, the secretary shall establish an administrative council for the clean energy transition not later than 90 days from the passage of this act.

(b) The council shall be chaired by the secretary or the secretary’s designee; and shall include a representative from the department of environmental protection, the department of energy resources, the department of public utilities, the Massachusetts Clean Energy Center, the office of the governor, and the executive offices of administration and finance, education, health and human services, housing and economic development, labor and workforce development, public safety and security, and transportation and public works. The council shall also include a representative designated by the attorney general, the treasurer and receiver general, the secretary of the commonwealth, the state auditor, and the President of the University of Massachusetts. The council shall also include a member designated by the secretary of education to represent the community college system and a member designated by the secretary of education to represent the the state university system. The governor may appoint additional representatives from state agencies or quasi-public agencies to the council.

(c) The council shall identify all existing laws, regulations, and programs of the Commonwealth with an impact on energy production and consumption, and evaluate them based on (1) their potential to accelerate or hinder the state’s transition to 100 per cent renewable energy and (2) their ability to maximize the environmental and economic benefits of the transition for Massachusetts residents and businesses, particularly but not exclusively for environmental justice communities and communities that have been impacted by energy-related pollution.

(d) Each executive department and quasi-public agency shall conduct a review of the laws, regulations, and programs in its jurisdiction, and submit a report to the council describing how these laws, regulations, and programs can be modified in order to accelerate the transition to 100 per cent renewable energy. Each executive department and quasi-public agency shall further consider how modifying its programs to accelerate the transition to 100 per cent renewable energy can help achieve the department or agency’s other objectives.

(e) The secretary shall publish the council’s findings under subsections (c) and (d) of this section within 6 months of the formation of the council. The secretary and the council shall review and update these findings every 3 years from the date of initial publication.

(f) Within one year from the passage of this act, the council shall determine a date by which the operations of state government will be powered with 100 percent renewable energy, provided that the date is not later than January 1, 2035. Within eighteen months of the passage of this act, each executive department and quasi-public agency shall present a plan to achieve this goal for the facilities and activities in its jurisdiction. Each executive department and quasi public agency shall report on its progress to the council and update its plan annually.

(g) The council shall meet at least once per quarter to review progress in modifying laws, regulations, and programs to accelerate the transition to 100 per cent renewable energy. These meetings shall be open to members of the public and shall provide opportunities for public comment. At least one of these meetings shall be held in an environmental justice community each year.

SECTION 135. If the commonwealth participates in a market based mechanism adopted pursuant to chapter 21N of the General Laws, the commonwealth may continue to comply with the terms of the market based mechanism notwithstanding any change in membership of the market based mechanism.

SECTION 136. Subject to appropriation, there shall be established at the Massachusetts Clean Energy Technology Center a program for clean energy finance. MassCEC shall conduct a study of clean energy project finance gaps, including but not limited to project capital, project credit support/enhancement, project finance insurance and project pipeline development. The study shall include developing recommendations as to potential sources of additional funding to support initiatives aimed at closing the financing gaps addressed in the study. Pursuant to the findings of this study and subject to funding availability, MassCEC may establish a “Green Bank” or similar entity or program to provide the investment capital necessary to accelerate the deployment of a range of clean energy technologies in the buildings, transportation, industrial and other sectors may be necessary to achieve the pace of decarbonization necessary to meet the Commonwealth's net zero emissions goal.

SECTION 137. Chapter 21N is hereby amended by adding the following section:-

The secretary shall (i) determine a baseline measurement and measure the current carbon flux on natural and working lands; (ii) track and report the release of measurable greenhouse gases from and carbon sequestration by natural and working lands and the products derived from these lands to the maximum extent practicable; (iii) adopt statewide goals to reduce greenhouse gas emissions and increase carbon sequestration on natural and working lands; and (iv) develop a natural and working lands plan that outlines actions to meet these statewide goals, including but not limited to, land protection, management, and restoration, and state and local legislation, laws and regulations, programs, grants, loans, incentives and public-private partnerships to meet the statewide goals. The secretary shall conduct a stakeholder process to inform and develop said plan. Said plan shall provide guidance and strategies for state agencies, authorities, municipalities, regional planning agencies, nonprofit organizations, landowners and operators. Said baseline, goal and plan shall be integrated into the inventory, baseline assessment, plan and reporting requirements pursuant to this chapter, and shall be consistent with state climate change adaptation and resiliency policies.

The secretary shall provide the plan to the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture not later than December 31, 2021 and every fifth year thereafter.

SECTION 138. Section 138 of Chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 37, after the word “less”, the following words:- “provided, however, that a Class I net metering facility of a municipality or other governmental entity may have a generating capacity of less than or equal to 60 kilowatts per unit.”

SECTION 139. Subsection (i) of Section 139 of Chapter 164 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the words “(1) equal to or less than 10 kilowatts on a single phase circuit or (2) 25 kilowatts on a 3 phase circuit” and inserting in place thereof the following words:- “equal to or less than 25 kilowatts.”

SECTION 140. The regulations required pursuant to clause (i) of subsection (a) of section 7 of chapter 21N of the General Laws shall be promulgated and in effect not later than January 1, 2022.

SECTION 141. The regulations required pursuant to clause (ii) of subsection (a) of section 7 of chapter 21N of the General Laws shall be promulgated and in effect not later than January 1, 2025.

SECTION 142. The regulations required pursuant to clause (iii) of subsection (a) of section 7 of chapter 21N of the General Laws shall be promulgated and in effect not later than January 1, 2030.

SECTION 143. The 2025 and 2030 statewide greenhouse gas emission limits required by subsection (b) of section 3 of chapter 21N of the General Laws, the 2025 and 2030 sector-based emissions sublimits required by section 3A of said chapter 21N and the 2030 emissions reduction plan required by said section 3 of said chapter 21N to realize the 2025 and 2030 limit and sublimits shall be adopted and published not later than January 1, 2022.

SECTION 144. The 2035 statewide greenhouse gas emissions limit required by subsection (b) of section 3 of chapter 21N of the General Laws, the 2035 sector-based emissions sublimits required by section 3A of said chapter 21N and the emissions reduction plan required by said section 3 of said chapter 21N to realize the 2035 limit and sublimits shall be adopted and published not later than January 1, 2028.

SECTION 145. The 2040 statewide greenhouse gas emissions limit required by subsection (b) of section 3 of chapter 21N of the General Laws, the 2040 sector-based emissions sublimits required by section 3A of said chapter 21N and the emissions reduction plan required by said section 3 of said chapter 21N to realize the 2040 limit and sublimits shall be adopted and published not later than January 1, 2033.

SECTION 146. The 2045 statewide greenhouse gas emissions limit required by subsection (b) of section 3 of chapter 21N of the General Laws, the 2045 sector-based emissions sublimits required by section 3A of said chapter 21N and the emissions reduction plan required by said section 3 of said chapter 21N to realize the 2045 limit and sublimits shall be adopted and published not later than January 1, 2038.

SECTION 147. The 2050 sector-based emissions sublimits required by section 3A of chapter 21N of the General Laws and the emissions reduction plan required by subsection (b) of section 3 of said chapter 21N to realize the 2050 limit and sublimits shall be adopted and published not later than January 1, 2023; provided, however, that the sublimits and plan shall be subject to revision and improvement by emissions reduction sublimits and plans adopted and published for 2030, 2035, 2040 and 2045.

SECTION 148. Notwithstanding section 2 of chapter 21Q of the General Laws, 3 members of the climate policy commission shall be initially appointed for terms of 1 year, 3 members shall be appointed for terms of 3 years and 3 members shall be appointed for terms of 5 years, with the length of each term to be determined by the elected chair.

SECTION 149. The secretary of energy and environmental affairs shall set the first goal required by section 3B of chapter 21N of the General Laws not later than February 1, 2021.

SECTION 150. Not later than June 30, 2021, the department of energy resources shall: (i) create, procure or designate the energy use benchmarking tool required by subsection (b) of section 18 of chapter 25A of the General Laws; and (ii) commence providing technical assistance and support to owners of buildings covered by said subsection (b) of said section 18 of said chapter 25A.

SECTION 151. The first year of energy use reporting required by subsection (c) of section18 of chapter 25A of the General Laws shall be for the calendar year beginning on January 1, 2022. In said reporting year, the department of energy resources may make available on its website limited energy use information, including, but not limited to, whether the information

provided for a given building is accurate and complete.

SECTION 152. The secretary shall no later than 365 days after this act takes effect, adopt regulations for the requirements, administration and enforcement of the environmental justice provisions of this act.

SECTION 153. Clause Forty-fifth of section 5 of chapter 59 of the General Laws shall not apply to solar and wind powered systems for which the owner has a signed agreement with the city or town to make a payment in lieu of taxes under subsection (b) of section 38H of chapter 59 as of the effective date of this act.

SECTION 154. Section 85 shall apply to taxes assessed for fiscal years beginning on or after July 1, 2021.

SECTION 155. The department of public utilities shall promulgate regulations pursuant to section 115D of chapter 164 no later than December 31, 2021.

SECTION 156. The department of public utilities shall promulgate and implement the regulations required pursuant to subsection (i) of section 144 of chapter 164 by July 1, 2021.

SECTION 157. Section 46 shall only apply to contracts entered into on or after the effective date of this act.

SECTION 158. The department of energy resources shall implement the requirements of subsection (d) of section 11 of chapter 75 of the acts of 2016 for the capacity block immediately succeeding the capacity block available on the effective date of this act.

SECTION 159. The Massachusetts Department of Transportation shall install and maintain electric vehicle charging stations at all service plazas located on the Massachusetts Turnpike for public use not later than December 31, 2022.

SECTION 160. The motor vehicle inventory required by section 6A of chapter 448 of the acts of 2016 shall be established not later than June 1, 2021.

SECTION 161. Amendments to the state building and electric code required under section 126 shall be in effect not later than March 1, 2021.

Name:	District/Address:
Marc R. Pacheco	First Plymouth and Bristol