Bill H.4348

FILED ON: 1/12/2022

HOUSE . . . . . . . . . . . . . . . No. 4348

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act advancing offshore wind and clean energy.

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. Chapter 23 of the General Laws is hereby amended by adding the following section:-

Section 26. For the purpose of promoting access to academic and technical skills that prepare the workforce for high-skilled, high-wage and high-demand occupations in the Commonwealth, the executive office of labor and workforce development shall provide the department of elementary and secondary education, annually, not later than February 1, with a list of occupations in high-skilled, high-demand and high-wage industries in Massachusetts, including the related workforce needs and shortages in each region, that require an industry-recognized certification or and industry for which such certification would materially enhance a job applicant’s chances for employment or enhanced compensation. The list shall be based on employment value, with the top 20 percent of occupations deemed occupations of high employment value, provided, however, that no occupation shall be included on the list which has an annual salary or wage less than 70 percent of the average annual salary or wage in the Commonwealth, unless the certification for such an occupation is stackable to another industry certification and required for the next level of occupation. The executive office of labor and workforce development shall work in consultation with the department of elementary and secondary education for the purposes of making the list available to all school districts in the Commonwealth and the public. Information provided to the department of elementary and secondary education shall include, but shall not be limited to, recommendations on potential courses and programming in public schools that can effectively contribute to providing credentials in the top 20 percent of occupations in high-skilled, high-demand and high-wage industries in the Commonwealth.

SECTION 2. Section 1 of chapter 23J of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding after the definition of “fund” the following definition:-

“Offshore wind company”, a business corporation, partnership, firm, unincorporated association or other entity engaged in offshore wind development, manufacturing or commercialization in the commonwealth and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I.

“Offshore wind organization,” a non-profit institution, adult and community learning service provider, labor organization, regional employment board, public higher education institution, vocational-technical education institution or other entity engaged in offshore wind development that does not satisfy the definition of offshore wind company.

SECTION 3. Section 2 of said chapter 23J, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:

(b) The center shall be governed and its corporate powers exercised by a board of directors consisting of 14 directors: 1 of whom shall be the secretary of energy and environmental affairs or their designee, who shall serve as a chair; 1 of whom shall be the secretary of housing and economic development or their designee; 1 of whom shall be the secretary of administration and finance or their designee; 1 of whom shall be the secretary of labor and workforce development or their designee; 1 of whom shall be the president of the University of Massachusetts or their designee; 1 of whom shall be the executive director of the Massachusetts Workforce Alliance; 1 of whom shall be the commissioner of the department of energy resources; 2 of whom shall be appointed by the Speaker of the Massachusetts House of Representatives, 1 of whom shall be a union representative; 2 of whom shall be appointed by the President of the Massachusetts Senate, 1 of whom shall have knowledge of electricity distribution, generation, supply or power marketing; and 3 of whom shall be appointed by the governor, 1 of whom shall be a venture capitalist or a chief executive officer of a Massachusetts-based clean energy corporation with expertise in clean energy technologies in the commonwealth, 1 of whom shall be the president of a Massachusetts community college or their designee, and 1 of whom shall be the president of a private college or university or their designee. Each of the 3 directors appointed by the governor, the two directors appointed by the Speaker of the Massachusetts House of Representatives and, and the two directors appointed by the President of the Massachusetts Senate shall serve for a term of 5 years. A director shall be eligible for reappointment. A director may be removed from their appointment by the governor for cause. A person appointed to fill a vacancy in the office of an appointed director of the board shall be appointed in a like matter and shall serve for only the unexpired term of the director.

SECTION 4. Said section 2 of said chapter 23J is hereby further amended, in line 66, by striking out the word “Six” and inserting in place thereof the following word:- Seven.

SECTION 5. Section 3 of said chapter 23J of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting the following new paragraph:-

(32) to serve as a focal point, and provide state-wide coordination, for offshore wind initiatives; provided, however, that said responsibilities may include, but not be limited to: (i) working with public and private higher education institutions in the commonwealth to coordinate and strengthen offshore wind research activities in the commonwealth; (ii) strengthening collaborative research and development between universities and companies located within the commonwealth, (iii) addressing critical barriers facing offshore wind companies in the commonwealth; (iv) assessing and reporting on infrastructure requirements that support the growing offshore wind industry in the commonwealth; (v) supporting and growing an offshore wind supply chain in the commonwealth; (vi) supporting and developing offshore wind training initiatives; and (vii) supporting and growing offshore wind innovation and entrepreneurship in the commonwealth.

SECTION 6. Said chapter 23J of the General Laws, as so appearing in the 2018 Official Edition, is hereby further amended by adding after section 8 the following new section:-

Section 8A. (a) There shall be established and placed within the center a commonwealth offshore wind industry investment program which shall be administered by the center. The purpose of the program shall be to develop and expand offshore wind industry-related employment opportunities in the commonwealth and to promote renewable energy-related innovations and economic development benefits to the commonwealth by supporting and stimulating siting, development, manufacturing and commercialization in the offshore wind industry. Offshore wind companies certified pursuant to subsection (b) and offshore wind organizations certified pursuant to subsection (c) shall be eligible for participation in the program.

(b) The center may, upon a majority vote of the board, certify an offshore wind company as a certified offshore wind company upon: (i) the timely receipt, as determined by the center, of a certification proposal supported by independently verifiable information, signed under the pains and penalties of perjury by a person expressly authorized to contract on behalf of the offshore wind company and which shall include, but not be limited to: (A) an estimate of the projected new state revenue the offshore wind company expects to generate during the period for which the company seeks certification, together with a plan, including precise goals and objectives, by which the offshore wind company proposes to achieve the projected new state revenue; and (B) documentation of an agreement, if any, between the offshore wind company and banking institutions with which the offshore wind company shall have agreed to establish accounts and by which the banking institutions shall have agreed to commit a specified percentage of the funds deposited in the accounts for loans made thereby to companies under the small business capital access program established pursuant to section 57 of chapter 23A; and (ii) findings made by the center, based on the certification proposal, documents submitted therewith and any additional investigation by the center, and incorporated in its approval, that: (A) the offshore wind company shall meet all statutory requirements and any other criteria that the center may prescribe including, but not limited to criteria in the following areas: the offshore wind company's potential for leveraging additional funding or attracting additional resources to the commonwealth; the offshore wind company's potential to promote offshore wind manufacturing in the commonwealth; and the offshore wind company’s potential to create employment in the commonwealth; and (B) a certified offshore wind company shall meet the new state revenue and employment growth projections, as specified in the certification proposal, over the period for which it receives benefits.

(c) The center may additionally certify an offshore wind organization and shall establish similar requirements for the certification of an offshore wind organization as required by subsection (b) of section 8A, providing that the requirements may take into account differences between offshore wind companies and organizations, and differences between different types of offshore wind organizations.

(d) A certified offshore wind company or certified offshore wind organization may, upon a majority vote of the board or governing body, be eligible for the following benefits which shall be awarded by the board on a competitive basis: (1) benefits from the offshore wind tax incentive program established by subsection (e); (2) grants, loans or other investments over $5,000,000 from the Massachusetts Offshore Wind Industry Investment Fund established by section 9A; (3) assistance from the center in accessing economic incentive programs within the Massachusetts office of business development, including access to the technical, human, financial, training, educational and site-finding resources necessary to expand or locate in the commonwealth; (4) assistance from the center in obtaining federal grants; (5) preference for pre-permitted industrial land as identified by the Massachusetts Development Finance Agency.

(e) There shall be established an offshore wind industry tax incentive program. The center, in consultation with the department, may annually authorize incentives, including those established in subsection (w) of section 6 of chapter 62 and section 38II of chapter 63, that shall not exceed $30,000,000 annually. The center may, in consultation with the department, limit any incentive to a specific dollar amount or time duration or in any other manner deemed appropriate by the department; provided, however, that the department shall only allocate any such incentives among commonwealth certified offshore wind companies pursuant to subsection (b) and shall award such tax incentives pursuant to subsection (d). The center shall establish similar requirements as required by this section to provide said tax incentive program to offshore wind organizations, providing that the requirements may take into account differences between offshore wind companies and organizations, and differences between different types of offshore wind organizations.

The center shall provide an estimate to the secretary of administration and finance of the tax cost of extending benefits to a proposed project before certification, as approved by the commissioner of revenue, based on reasonable projections of project activities and costs. Tax incentives shall not be available to a certified offshore wind company or offshore wind organization unless expressly granted by the secretary of administration and finance in writing.

(f)(1) Certification granted pursuant to subsection (b) and (c) shall be valid for 5 years starting with the tax year in which certification is granted. Each certified offshore wind company shall file an annual report with the center detailing whether it has met the specific targets established in the proposal pursuant to subclause (A) of clause (i) of subsection (b). Each certified offshore wind organization shall be governed by any reporting requirements required by the center pursuant to subsection (c).

(2) The certification of an offshore wind company may be revoked by the center after an independent investigation and determination that representations made by the certified offshore wind company in its certification proposal are materially at variance with the conduct of the offshore wind company after receiving certification; provided, however, that the center shall review the certified offshore wind company at least annually; provided, further, that a project with an actual return on investment that is less than 70 per cent of the return on investment projected in the certification proposal shall be deemed to contain a material variance for a revocation determination. If the center determines not to revoke certification upon a finding that the actual return on investment for the project is less than 70 per cent, the center shall provide its reasons for the decision in writing to the secretary of administration and finance, the commissioner of revenue and the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means, the joint committee on revenue, the joint committee on telecommunications, utilities and energy, and the joint committee on economic development and emerging technologies. The center shall post these reasons on the internet for public access. The center shall establish similar requirements for the revocation of the certification of an offshore wind organization as required by this section, providing that the requirements may take into account differences between offshore wind companies and organizations, and differences between different types of offshore wind organizations.

(3) Under this subsection, revocation shall take effect on the first day of the tax year in which the center determines that a material variance commenced. The commissioner of revenue shall, as of the effective date of the revocation, disallow any credits, exemptions or other tax benefits allowed by the original certification of tax benefits under this section. The department shall issue regulations to recapture the value of any credits, exemptions or other tax benefits allowed by the certification under this section. If the original certification allowed sales and use tax exemptions the purchaser shall accrue use tax as of the date of revocation on a portion of the sales price on which exemption was claimed that is proportionate to the remaining useful life of the property.

(4) Nothing in this subsection shall limit any legal remedies available to the commonwealth against any certified offshore wind company or certified offshore wind organization.

(g) Capital funding provided to a certified offshore wind company may be revoked only by the center after an independent investigation and determination that representations made by the offshore wind company in its certification proposal are materially at variance with the conduct of the offshore wind company after certification; provided, further, that an offshore wind company generating less than 70 per cent of the projected new state revenue in the certification proposal shall be deemed to contain a material variance for the purposes of a revocation determination. If the center does not revoke certification despite said material variance, the center shall provide its reasons for the decision in writing to the secretary of administration and finance, the commissioner of revenue and the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means, the joint committee on bonding, capital expenditures and state assets, the joint committee on telecommunications, utilities and energy, and the joint committee on economic development and emerging technologies. A notice of revocation under this subsection shall specify the date on which the revocation is effective, which shall be the date of the notice or the date on which the center determined that the material variance commenced. The secretary of administration and finance shall, as of the effective date of the revocation, disallow any loans, grants or other benefits allowed by the original certification under this section. The center shall establish similar requirements as required by this section for the revocation of capital funding provided to a certified offshore wind organization provided that the requirements may take into account differences between offshore wind companies and organizations, and differences between different types of offshore wind organizations. The department may issue regulations to recapture any grants or loans allowed by the certification under this section.

(h) The center shall revoke the certification of an offshore wind company when independent investigations conducted in 2 consecutive years determine that representations made by the offshore wind company in its project proposal are deemed materially at variance, pursuant to paragraph (2) of subsection (f) or subsection (g). The center shall establish similar requirements as required by this section for the revocation of the certification of an offshore wind organization provided that the requirements may take into account differences between offshore wind companies and organizations, and differences between different types of offshore wind organizations.

SECTION 7. Said chapter 23J of the General Laws, as amended by section 13 of chapter 102 of the acts of 2021, is hereby amended by striking section 9A and inserting in place thereof the following section:-

Section 9A. (a) There shall be established and placed within the center a fund to be known as the Massachusetts Offshore Wind Industry Investment Fund, hereinafter in this section referred to as the fund, to be held by the center separate and apart from its other funds. The fund shall be credited any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto. The fund may also be credited such additional funds as are subject to the direction and control of the center, any pension funds, federal grants or loans, royalties or private investment capital which may properly be applied in furtherance of the objectives of the fund, any proceeds from the sale of qualified investments secured or held by the fund, any fees and charges imposed relative to the making of qualified investments as defined by the center, secured or held by the fund and any other monies which may be available to the center for the purposes of the fund from any other source or sources. Any revenues, deposits, receipts, or funds received through the receipt of royalties, interest, dividends, or the sale of equity instruments shall be deposited in the fund, and shall be available to the center for the purposes described in this section, without further appropriation. All available monies in the fund that are unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.

(b) The center shall invest and reinvest the fund and the income thereof only as follows: (1) making qualified equity investments pursuant to subsection (c); (2) investing funds not required for immediate disbursement in the purchase of such securities as may be lawful investments for fiduciaries in the commonwealth; (3) paying binding obligations associated with such qualified investments which shall be secured by the fund as the same become payable; and (4) paying principal or interest on qualified investments secured by the fund or paying any redemption premium required to be paid when such qualified investments shall be redeemed prior to maturity; provided, however, that monies in the fund shall not be withdrawn at any time in such an amount as would reduce the amount of the fund to less than the minimum requirement thereof established by the board, except for the purpose of paying binding obligations associated with qualified investments which shall be secured by the fund as the same become payable.

(c) The fund shall be held and applied by the center, subject to the approval of the board, to make investments, grants, research and other funding and loans designed to advance the following public purposes for the offshore wind industry in the commonwealth: (1) to stimulate increased financing for the siting and expansion of permanent offshore wind manufacturing facilities in the commonwealth by providing financing for the construction or expansion of such new facilities; (2) to provide funds for up to 50 percent of costs incurred by a certified offshore wind company interconnecting an offshore wind project or projects to the power grid, subject to a matching requirement by a certified offshore wind company, provided further, that said matching requirement may be increased in relation to the overall costs incurred; (3) to promote offshore wind innovation; (4) to promote manufacturing activities for new or existing advanced technologies and offshore wind research (5) to provide funds for the revitalization and infrastructure for ports in the commonwealth to support the offshore wind industry in the commonwealth; (6) to provide workforce training to prepare individuals for offshore wind careers as follows: (i) to public higher education institutions and vocational-technical education institutions for the adoption of basic safety training and basic technical training programs; provided, however, that the center shall prioritize awards to institutions seeking accreditation in internationally recognized training standards, including, but not limited to, standards developed by the Global Wind Organisation; (ii) to public higher education institutions and vocational-technical education institutions for the development, expansion and promotion of offshore wind professional certificate programs and courses tailored to careers in the offshore wind energy industry for students in associate and baccalaureate degree programs; (iii) to adult and community learning service providers, labor organizations, public higher education institutions including Quincy College and vocational-technical education institutions for the sponsorship of award, scholarship and paid internship programs to support the education and training of individuals seeking careers in the offshore wind energy industry; provided, however, that the center shall prioritize the promotion of careers in the skilled trades, water transportation, operations and maintenance and other occupations that the center identifies as high priority; and (iv) to regional employment boards to develop a regional strategy to support the development of the offshore wind energy industry and to publish their findings as an addendum to their workforce development blueprints; (7) leveraging funds to secure future federal funding to support the offshore wind energy industry in the commonwealth; (8) to provide funding for development, coordination and marketing of higher education programs; (9) to provide funding for site remediation, preparation and ancillary infrastructure improvement projects to support the offshore wind industry in the commonwealth; (10) the administration of the Massachusetts offshore wind industry investment program established in section 8A; and (11) to otherwise further the public purposes set forth herein.

(d) The center shall make no such qualified investment pursuant to clause (1) of subsection (b) unless: (1) said investment has been approved by a majority vote of the board; (2) for qualified investments over $5 million, the recipient is a certified offshore wind industry company or a certified offshore wind organization pursuant to section 8A; (3) the center finds, to the extent possible, that a definite benefit to the commonwealth's economy may reasonably be expected from said qualified investment; provided, further, that in evaluating a request or application for funding, the center shall consider the following: (i) the appropriateness of the project; (ii) whether the project has significant potential to expand employment; (iii) the project's potential to enhance technological advancements; (iv) the project's potential for leveraging additional funding or attracting resources to the commonwealth; and (v) the project's potential to promote manufacturing in the commonwealth; (4) to the extent said investment is a capital investment over $5 million in a project or program owned or operated by a private institution, the investment has been approved by the secretary of the executive office of administration and finance upon request of the center; provided, however, that said request shall be submitted to the secretary in writing and shall, include but not be limited to: (i) a description of the project or program to be funded; (ii) the economic benefits to the commonwealth which can reasonably be expected from said project or program; (iii) a copy of the proposed contract or other document executing the transaction between the center and the recipient of the funds; (iv) a description of the contractual or other legal remedies available to the center upon non-performance of the contract or other document executing the transaction by the recipient including, but not limited to, any provisions for restitution or reimbursement of the funds granted, loaned or otherwise invested in or with the recipient; and (v) any other information as the secretary may determine; and (5) said qualified investment conforms with the rules approved by the board.

Said rules shall set the terms and conditions for investments which shall constitute qualified investments including, but not limited to, loans, guarantees, loan insurance or reinsurance, equity investments, grants awarded pursuant to clause (3) of subsection (c), other financing or credit enhancing devices, as established by the center directly or on its own behalf or in conjunction with other public instrumentalities, or private institutions or the federal government. Said rules shall provide that qualified investments made pursuant to clauses (1) and (2) of said subsection (c) shall involve a transaction with the participation of at least 1 at-risk private party.

Said rules shall establish the terms, procedures, standards and conditions which the center shall employ to identify qualified applications, process applications, make investment determinations, safeguard the fund, advance the objective of increasing employment opportunities, oversee the progress of qualified investments and secure the participation of other public instrumentalities, private institutions or the federal government in such qualified investments. Said rules shall provide for negotiated intellectual property agreements between the center and a qualified investment recipient which shall include the terms and conditions by which the fund's support may be reduced or withdrawn.

(e) The center may solicit investments by private institutions or investors in the activities of the fund and may reach agreements with such private institutions or investors regarding the terms of any such investments including, but not limited to, the rights of such investors to participate in the income or appropriation of the fund. To further the objective of securing investments by private institutions or investors in the activities of the fund pursuant to the preceding sentence, the center may develop a proposal creating a separate investment entity which shall permit the commingling of the fund's resources with the maximum participation by such private institutions or investors in a manner consistent with the public purpose of the fund and under the terms and conditions established to protect and preserve the assets of the fund.

(f) Copies of the approved rules, and any modifications, shall be submitted to the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies.

(g) Qualified investment transactions made by the center pursuant to this section shall not, except as specified in this chapter, be subject to chapter 175, or any successor thereto, and shall be payable solely from the Massachusetts Offshore Wind Industry Investment Fund established by this section and shall not constitute a debt or pledge of the full faith and credit of the commonwealth, the center or any subdivision of the commonwealth.

(h) The center shall not make expenditure from or commitment of the assets of the fund including, but not limited to, the making of qualified investments secured by the fund, if following the making of said qualified investment, the amount of the fund shall be less than the minimum requirement established by the board.

SECTION 8. Chapter 23J, as amended by chapter 24 of the acts of 2021, is hereby amended by striking out section 14.

SECTION 9. Section 20 of chapter 25 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:

(a) The department shall require a mandatory charge of 14.65 mill per therm for all natural gas customers and a mandatory charge of 1.5 mill per kilowatt-hour for all electricity consumers, except those served by a municipal lighting plant which does not supply generation service outside its own service territory or does not open its service territory to competition at the retail level, to support the development and promotion of renewable energy projects. The revenues generated by the mandatory charges shall be deposited into the Massachusetts Renewable Energy Trust Fund, established under section 9 of chapter 23J, and the Massachusetts Offshore Wind Industry Investment Fund, established under section 9A of chapter 23J, in the following manner: (i) the revenues generated by a portion of the mandatory charge for electricity customers equaling 0.5 mill per kilowatt-hour shall be deposited to the Massachusetts Renewable Energy Trust Fund; and (ii) the revenues generated by a portion of the mandatory charge for electricity customers equaling 1.0 mill per kilowatt-hour, and all revenues generated by the mandatory charge for natural gas customers, shall be deposited to the Massachusetts Offshore Wind Industry Investment Fund.

SECTION 10. Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting the following new subsection:-

(w)(1) A taxpayer, to the extent authorized by the offshore wind tax incentive program established in section 8A of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts Clean Energy Center in consultation with the department.

(2) A taxpayer taking a credit under this subsection shall commit to the creation of a minimum of 50 net new permanent full-time positions in the commonwealth.

(3) A credit allowed under this subsection shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the offshore wind tax incentive program shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.

(4) The department shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $30,000,000 annually as set forth in subsection (e) of said section 8A of said chapter 23J.

SECTION 11. Chapter 63 of the General Laws, as so appearing, is hereby amended by inserting after section 38HH the following new section:-

Section 38II. (a)(1) A taxpayer, to the extent authorized by the offshore wind tax incentive program established in section 8A of chapter 23J, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts Clean Energy Center in consultation with the department.

(2) A taxpayer taking a credit under this subsection shall commit to the creation of a minimum of 50 net new permanent full-time positions in the commonwealth.

SECTION 12. Chapter 164 of the General Laws is hereby amended by inserting after section 92A the following section:-

Section 92B. (a) The department of public utilities shall direct distribution companies, as that term is defined in section 1 of chapter 164 of the General Laws, to develop plans to proactively upgrade the transmission and distribution grid to improve grid reliability and resiliency; increase customer access to renewable and distributed energy resources, as those terms are defined in said section 1 of said chapter 164; and accelerate the commonwealth’s progress toward transportation electrification, building electrification, and decarbonization, as required in chapter 21N.

(b) Plans developed by the distribution companies under this section shall describe in detail how such plans address each of the following elements: (i) improvements to the electric transmission or distribution system to improve system resiliency and address potential weather- and disaster-related risks; (ii) the availability and suitability of new technologies such as smart inverters, controllable load, advanced metering and telemetry, and energy storage for meeting forecasted reliability and resiliency needs; (iii) patterns and forecasts of distributed energy resource adoption in the company’s territory, and upgrades that would facilitate increased adoption of such technologies; (iv) improvements to the transmission or distribution system that will align with customer preferences for access to renewable energy resources; (v) improvements to the transmission or distribution system that will facilitate transportation or building electrification; (vi) improvements to the distribution system to facilitate achievement of the commonwealth’s emissions limits as defined in chapter 21N. For all proposed investments, the distribution utilities shall identify customer benefits associated with the investments including, but not limited to, facilitation of the electrification of buildings and transportation and integration of distributed energy resources.

(c) In developing such plans, the distribution companies shall consider and include a summary of related investments that have been reviewed or approved by the department previously.

(d) In developing such plans, the distribution companies shall solicit inputs, such as planning scenarios and modeling, from the Grid Modernization and Planning Council established in subsection (f), and conduct technical conferences and a minimum of two stakeholder meetings to inform the public, appropriate state agencies, and companies engaged in the development and installation of distributed generation, energy storage, vehicle electrification systems, and building electrification systems.

(e) The distribution companies shall submit their respective plans for approval and comment to the Grid Modernization and Planning Council established in subsection (g) by December 31, 2022 and every three years thereafter. The distribution companies shall submit their respective plans, together with the council's approval or comments and a statement of any unresolved issues, to the department every 3 years on or before June 30. The department shall promptly consider the plans and shall provide an opportunity for interested parties to be heard in a public hearing. The department shall approve within 6 months of submittal all prudent investments proposed in such plans and shall issue a final order directing the companies to implement all approved investments of such plans. The companies shall be permitted to recover all prudently incurred costs for implementing such plans as approved by the department through electric distribution rates.

(f) Plans developed by the distribution companies under this section shall propose discrete, specific, enumerated investments to the transmission and distribution system that will facilitate grid modernization, greater reliability and resiliency, increased customer access to distributed energy resources, increased transportation electrification, and increased building electrification, in order to meet the commonwealth’s decarbonization targets and subsector emissions limits pursuant to chapter 21N. The distribution companies shall submit biannual reports to the department to report on the deployment of approved investments and any other performance metrics included in the approved plans.

(g) There shall be a Grid Modernization and Planning Council to consist of the commissioner of the department of energy resources, or a designee, who shall serve as chair; the attorney general, or a designee; the commissioner of the department of environmental protection, or a designee; 10 additional members appointed by the Governor: 1 of whom shall be a representative of residential consumers, 1 of whom shall be a representative of the low-income weatherization and fuel assistance program network, 1 of whom shall be a representative of the environmental community, 1 of whom shall be a representative of transmission scale (>20 MW) renewable energy industry, 1 of whom shall be a representative of distributed generation (<5 MW) renewable energy industry, 1 of whom shall be a representative of the energy storage industry, 1 of whom shall be a representative of the electric vehicle industry, 1 of whom shall be a representative of the building electrification industry, 1 of whom shall be a representative of municipal interests or a regional public entity, and 1 of whom shall be a representative of businesses, including large commercial and industrial end users; and 1 non-voting ex-officio member from each of the electric distribution companies operating in the commonwealth. Members shall serve for terms of 3 years and may be reappointed.

(h) The council shall seek to encourage investments in the electric transmission and distribution systems that will facilitate the achievement of the greenhouse gas emission limits mandated in chapter 21N and increase transparency and stakeholder engagement in the grid planning process. The council shall review and approve Grid Modernization and Planning proposals and budgets that will enable cost-effective interconnection of distributed and transmission-scale renewable energy resources, facilitate electrification of buildings and transportation, improve grid reliability and resiliency, and reduce impacts on and provide benefits for environmental justice populations and communities. Approval of Grid Modernization and Planning Plans and budgets shall require a two-thirds majority vote.

(i) The council may retain expert consultants, provided, however, that such consultants shall not have any contractual relationship with an electric distribution company operating in the commonwealth or any affiliate of such company. The board shall annually submit to the department a proposal regarding the level of funding required for the retention of expert consultants and reasonable administrative costs. The proposal shall be approved by the department either as submitted or as modified by the department. The department shall allocate funds sufficient for these purposes from the Grid Modernization Plan budgets or from additional distribution company assessments as necessary.

SECTION 13. Section 83C of chapter 169 of the acts of 2008, as most recently amended by sections 91 and 93 of chapter 8 of the acts of 2021 and section 69 of chapter 24 of the acts of 2021, is hereby amended by striking out subsections (a) through (m) and inserting in place thereof the following subsections:-

(a) In order to facilitate the financing of offshore wind energy generation resources in the commonwealth every distribution company shall jointly and competitively solicit proposals for offshore wind energy generation; provided, however, that the solicitation process shall not be deemed uncompetitive based solely on the department receiving a bid or multiple bids from a single company or its affiliates if the levelized price per megawatt hour, plus associated transmission costs, of the proposed project is equal to or less than the levelized price per megawatt hour, plus associated transmission costs of the previous procurement; and, provided, that reasonable proposals have been received, shall enter into long-term contracts that are cost-effective and maximize economic development. Long-term contracts executed pursuant to this section shall be subject to the approval of the department of public utilities and shall be apportioned among the distribution companies. 

     (b)  The timetable and method for solicitations of long-term contracts shall be proposed jointly by the distribution companies and the department of energy resources using a competitive bidding process, and shall be subject to review and approval by the department of public utilities. The distribution companies, in coordination with the department of energy resources, shall consult with the attorney general regarding the choice of solicitation methods.   A solicitation may be coordinated and issued jointly with other New England states or entities designated by those states. The distribution companies may conduct 1 or more competitive solicitations through a staggered procurement schedule developed by the distribution companies and the department of energy resources; provided, that the schedule shall ensure that the distribution companies enter into cost-effective long-term contracts for offshore wind energy generation equal to approximately 5,600 megawatts of aggregate nameplate capacity not later than June 30, 2027, including capacity authorized pursuant to section 21 of chapter 227 of the acts of 2018; and provided further, that individual solicitations shall seek proposals for no less than 400 megawatts of aggregate nameplate capacity of offshore wind energy generation resources.  A staggered procurement schedule developed by the department of energy resources, if applicable, shall specify that a subsequent solicitation shall occur within 24 months of a previous solicitation.  Proposals received pursuant to a solicitation under this section shall be subject to review by the department of energy resources and the executive office of housing and economic development.  If the department of energy resources, in consultation with the distribution companies and the independent evaluator, determines that reasonable proposals were not received pursuant to a solicitation, the department may terminate the solicitation, and may require additional solicitations to fulfill the requirements of this section.

     (c)  In developing proposed long-term contracts, the distribution companies shall consider long-term contracts for renewable energy certificates for energy and for a combination of both renewable energy certificates and energy.  A distribution company may decline to pursue a proposal if the proposal’s terms and conditions would require the contract obligation to place an unreasonable burden on the distribution company’s balance sheet; provided, however, that the distribution company shall take all reasonable actions to structure the contracts, pricing or administration of the products purchased under this section in order to prevent or mitigate an impact on the balance sheet or income statement of the distribution company or its parent company, subject to the approval of the department of public utilities; provided further, that mitigation shall not increase costs to ratepayers. If a distribution company deems all proposals to be unreasonable, the distribution company shall, within 20 days of the date of its decision, submit a filing to the department of public utilities.  The filing shall include, in the form and detail prescribed by the department of public utilities, documentation supporting the distribution company’s decision to decline the proposals. Following a distribution company’s filing, and within 4 months of the date of filing, the department of public utilities shall approve or reject the distribution company’s decision and may order the distribution company to reconsider any proposal.  If distribution companies are unable to agree on a winning bid following a solicitation under this section, the matter shall be submitted to the department of energy resources which shall, in consultation with the independent evaluator, issue a final, binding determination of the winning bid; provided, that the final contract executed shall be subject to review by the department of public utilities.  The department of energy resources may require additional solicitations to fulfill the requirements of this section.

     (d) The department of public utilities shall promulgate regulations consistent with this section. The regulations shall: (1) allow offshore wind developers of offshore wind energy generation to submit proposals for long-term contracts consistent with this section; (2) require that a proposed long-term contract executed by the distribution companies under a proposal be filed with, and approved by, the department of public utilities before becoming effective; (3) provide for an annual remuneration for the contracting distribution company up to 2.5 percent of the annual payments under the contract to compensate the company for accepting the financial obligation of the long-term contract, provided that the company demonstrate a quantified level of incremental risk incurred by the contract which supports the requested remuneration rate, such provision to be acted upon by the department of public utilities at the time of contract approval; (4) require associated transmission costs to be incorporated into a proposal; provided that, to the extent there are transmission costs included in a bid, the department of public utilities may authorize or require the contracting parties to seek recovery of such transmission costs of the project through federal transmission rates, consistent with policies and tariffs of the Federal Energy Regulatory Commission, to the extent the department finds such recovery is in the public interest; and (5) require that offshore wind energy generating resources to be used by a developer under the proposal meet the following criteria: (i) provide enhanced electricity reliability; (ii) contribute to reducing winter electricity price spikes; (iii) are cost effective to electric ratepayers in the commonwealth over the term of the contract, taking into consideration potential economic and environmental benefits to the ratepayers; (iv) avoid line loss and mitigate transmission costs to the extent possible and ensure that transmission cost overruns, if any, are not borne by ratepayers; (v) adequately demonstrate project viability in a commercially reasonable timeframe; (vii) allow offshore wind energy generation resources to be paired with energy storage systems; (viii) include an environmental and fisheries mitigation plan for the construction and operation of such offshore wind facilities; (ix) provide financial and technical assistance to support robust monitoring of wildlife and habitat through a contribution to regional research on the impacts of offshore wind on wildlife and habitat to inform strategies to avoid and mitigate any impacts to the marine environment; and (x) create and foster economic development and quality, high-paying jobs in the commonwealth.  To evaluate each bid’s ability to create and foster employment and economic development in the Commonwealth, the selection committee established in subsection (p) shall produce a numeric score for each bid’s economic development commitments according to evaluation criteria, which shall be promulgated by the Secretary of Energy and Environmental Affairs, that emphasizes the Commonwealth’s interest in attracting long-term investment by the offshore wind industry; provided further that financial and technical assistance to support robust monitoring of wildlife and habitat shall represent not less than five percent of a bid’s overall score in the solicitation.

The selection committee shall give preference to proposals that demonstrate benefits from: (i) the greatest economic development and employment contributions to the commonwealth, including opportunities for diversity, equity, and inclusion; (ii) the avoidance, minimization, and mitigation of impacts to wildlife, natural resources, ecosystems, and traditional or existing water-dependent uses; (iii) energy storage, including new and existing long-duration energy storage systems; (iv) optimal interconnection locations; (v) commitments to enter into long-term contracts with businesses, nonprofit organizations, a municipality or group of municipalities with an approved municipal load aggregation plan pursuant to section 134 of chapter 164 of the general laws, or other government entities directly to purchase offshore wind energy, provided that said contracts may be in addition to the long-term contracts entered into by distribution companies under this section; (vi) the use of a project labor agreement with a labor organization for construction, reconstruction, installation, demolition, maintenance, or repair; and (vii) benefits to environmental justice communities and low-income ratepayers in the commonwealth.

    (e)  A proposed long-term contract shall be subject to the review and approval of the department of public utilities.  As part of its approval process, the department of public utilities shall consider recommendations by the attorney general, which shall be submitted to the department of public utilities within 45 days following the filing of a proposed long-term contract with the department of public utilities. The department of public utilities shall consider the potential costs and benefits of the proposed long-term contract and shall approve a proposed long-term contract if the department finds that the proposed contract is a cost-effective mechanism for procuring reliable renewable energy on a long-term basis, taking into account the factors outlined in this section.  A distribution company shall be entitled to cost recovery of payments made under a long-term contract approved under this section.

(f)  The department of energy resources and the attorney general shall jointly select, and the department of energy resources shall contract with, an independent evaluator to (1) monitor and report on the solicitation and evaluation process and (2) participate as a member of the selection committee pursuant to subsection (e). The independent evaluator shall assist the department of energy resources in determining whether a proposal received pursuant to subsection (b) is reasonable and to assist the department of public utilities in its consideration of long-term contracts filed for approval. As a member of the selection committee pursuant to subsection (e), the independent evaluator shall hold equal weight in the selection of the winning bid(s). To ensure an open, fair and transparent solicitation and bid selection process, that is not unduly influenced by an affiliated company, the independent evaluator shall: (1) issue a report to the department of public utilities analyzing the timetable and method of solicitation and the solicitation process implemented by the distribution companies and the department of energy resources under subsection (b) and include recommendations, if any, for improving the process; (2) upon the opening of an investigation by the department of public utilities into a proposed  long-term contract for a winning bid proposal, file a report with the department of public utilities that summarizes and analyzes the solicitation and evaluation process, and provide the independent evaluator’s assessment of whether all bids were evaluated in a fair and objective manner. The independent evaluator shall have access to the information and data related to the competitive solicitation and bid selection process that is necessary to fulfill the purposes of this subsection; provided, however, that the independent evaluator shall ensure that all proprietary information remains confidential. The department of public utilities shall consider the findings of the independent evaluator and may adopt recommendations made by the independent evaluator as a condition for approval.  If the independent evaluator concludes in the findings that the solicitation and bid selection of a long-term contract was not fair and objective and that the process was substantially prejudiced as a result, the department of public utilities shall reject the winning bid proposal. The department of energy resources shall be reimbursed for cost of the independent evaluator through non-refundable bid fees required of offshore wind developers as part of the solicitation process.

     (g)  The distribution companies shall each enter into a contract with the winning bidders for their apportioned share of the market products being purchased from the project. The apportioned share shall be calculated and based upon the total energy demand from all distribution customers in each service territory of the distribution companies.

     (h)  A distribution company may elect to use any energy purchased under such contracts for sale to its customers and may elect to retain renewable energy certificates to meet the applicable annual renewable portfolio standard requirements under said section 11F of said chapter 25A. If the energy and renewable energy certificates are not so used, the distribution companies shall sell the purchased energy into the wholesale market and, provided that the department of energy resources has not notified the distribution company that the renewable energy certificates should be retained to facilitate reaching emission reduction targets pursuant to chapter 298 of the acts of 2008 or chapter 21N of the General Laws, shall sell the purchased renewable energy certificates to minimize the costs to ratepayers under the contract; provided, however, that the department of energy resources shall conduct periodic reviews to determine the impact on the energy and renewable energy certificate markets of the disposition of energy and renewable energy certificates under this section.  The department of energy resources may issue reports recommending legislative changes if it determines that said disposition of energy and renewable energy certificates is adversely affecting the energy and renewable energy certificate markets.

     (i)  If a distribution company sells the purchased energy into the wholesale market and sells the renewable energy certificates, the distribution company shall net the cost of payments made to projects under the long-term contracts against the net proceeds obtained from the sale of energy and renewable energy certificates, and the difference shall be credited or charged to all distribution customers through a uniform fully reconciling annual factor in distribution rates, subject to review and approval of the department of public utilities.

     (j)  A long-term contract procured under this section shall utilize an appropriate tracking system to ensure a unit specific accounting of the delivery of clean energy, to enable the department of environmental protection, in consultation with the department of energy resources, to accurately measure progress in achieving the commonwealth’s goals under chapter 298 of the acts of 2008 or chapter 21N of the General Laws.

     (k)  The department of energy resources and the department of public utilities may jointly develop requirements for a bond or other security to ensure performance with the requirements of this section.

     (l)  The department of energy resources may promulgate regulations necessary to implement this section.

     (m)  The plan required in subclause (viii) of clause 5 of subsection (d) of section 83C shall include, but not be limited to, a detailed description of the best management practices and any on- or off-site mitigation the applicant will employ, informed by the latest science at the time the proposal is made, that will avoid, minimize and mitigate impacts to: wildlife, including but not limited to threatened or endangered species such as North Atlantic right whales; coastal and marine habitats; natural resources; ecosystems; and traditional or existing water-dependent uses, including, but not limited to, commercial and recreational fishing. The plan shall include pre- and post-construction monitoring to understand the effects of facilities on marine and avian species.

(n) The department of energy resources shall establish an environmental working group and a fisheries working group comprised of key experts and stakeholders to provide input on best practices for avoiding, minimizing and mitigating impacts to: wildlife, including but not limited to threatened or endangered species such as North Atlantic right whales; coastal and marine habitats; natural resources; ecosystems; and traditional or existing water-dependent uses, including, but not limited to, commercial and recreational fishing, during the construction and operation of facilities eligible pursuant to this section. The environmental and fisheries working groups shall conduct an ongoing review of implemented monitoring and mitigation programs and provide feedback and recommendations on an as-needed basis, to be considered by the department. Pre-construction engagement of these working groups will correspond with project development, solicitation, and permitting, and the process to determine federal consistency with approved coastal management programs.

(o) The department of energy resources, in consultation with the environmental and fisheries working groups, shall determine how the funds required in subclause (ix) of clause 5 of subsection (d) of section 83C will be used to advance the responsible development of the offshore wind energy industry pursuant to capacity authorized under Section 83C, as most recently amended by sections 91 and 93 of chapter 8 of the acts of 2021 and section 69 of chapter 24 of the acts of 2021, including capacity authorized pursuant to section 21 of chapter 227 of the acts of 2018 as amended by section 72 of chapter 24 of the acts of 2021.

(p) the winning bid shall be chosen by the selection committee which shall consider all proposals and criteria in subsection (d) when making a final decision, as well as technical advice from the electric distribution companies. The committee shall consist of the following members: the secretary of energy and environmental affairs, or their designee, which shall be the chair; the independent evaluator required by subsection (f) of this section; the secretary of the executive office of housing and economic development; one person appointed by the speaker of the house of representatives, who shall not be a member of the General Court; and one person appointed by the president of the senate, who shall not be a member of the General Court. No member of the selection committee shall have a financial interest in any companies or affiliated companies that have submitted a bid or multiple bids.

(q) If this section is subjected to a legal challenge, the department of public utilities may suspend the applicability of the challenged provision during the pendency of the action until a final resolution, including any appeals, is obtained and shall issue an order and take other actions as are necessary to ensure that the provisions not subject to the challenge are implemented expeditiously to achieve the public purposes of this section.

SECTION 14. (a) Notwithstanding any general or special law to the contrary, the department of energy resources shall, by June 1, 2022 competitively solicit and procure proposals for offshore wind energy transmission sufficient to deliver energy generation procured pursuant to subsection (b) of section 83C of chapter 169 of the acts of 2008, as most recently amended by sections 91 and 93 of chapter 8 of the acts of 2021 and section 69 of chapter 24 of the acts of 2021, from designated wind energy areas for which a federal lease was issued on or after January 1, 2012, that shall 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 provided further, that the department may coordinate with the department of public utilities, electric distribution companies, other New England states or entities designated by those states, and the ISO New England or successor organization, in the solicitation and procurement of proposals for offshore wind energy transmission. The department shall be permitted to select one proposal, multiple proposals, or no proposals.

(b) In conducting the procurement for offshore wind energy transmission, the department shall take into consideration the total amount of transmission needed to achieve Massachusetts’ and other states’ offshore wind and decarbonization goals as well as other demonstrable consumer benefits, electric system reliability benefits, avoided upgrade costs to the existing transmission grid, or environmental benefits. The department shall consider proposals, including but not limited to, upgrading the existing grid, extending the grid closer to offshore wind locations, determining optimal landfall approaches, or interconnecting between offshore substations.

(c) Not later than December 31, 2022, the department shall submit a report to the House and Senate clerks and the House and Senate chairs of the Joint Committee on Telecommunications, Utilities, and Energy that outlines the design and conduct of the solicitation and procurement process, identifies and recommends any improvements to the solicitation and procurement process, and, in the event that the department does not choose a proposal, provides a comprehensive explanation of their decision, including the extent to which the department’s consideration of factors in subsection (b) played a role in said decision.

SECTION 15. Notwithstanding any general or special law to the contrary, each distribution company, as defined in section 1 of chapter 164 of the General Laws, shall not later than December 31, 2022 file with the department of public utilities at least 1 electric rate tariff to apply to standalone energy storage systems interconnected to their distribution network. The distribution companies shall identify the costs to the distribution network not recouped via project sponsor-funded interconnection upgrades or otherwise paid directly by the project sponsor, and to design rates to recoup the distribution company's net costs in a similar manner to how they are incurred by the distribution company, without unduly impeding the participation of energy storage systems in power markets and other uses of such systems that provide benefits to the electric grid.

SECTION 16. Notwithstanding any general or special law to the contrary, the carbon reduction research center, in consultation with the Massachusetts clean energy center and the department of energy resources, shall study how to optimize 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 (i) contribute to compliance with the 2025, 2030, 2035, 2040, 2045, and 2050 statewide greenhouse gas emissions limits and sublimits, including but not limited to the sublimit of electric power, established by subsection (b) of section 3 and section 3A of chapter 21N of the General Laws, as most recently amended by section 8 and 9 of chapter 8 of the acts of 2021; (ii) improve the reliability and integration of intermittent renewable energy capacity required pursuant to subsection (b) of section 83C of chapter 169 of the acts of 2008, as most recently amended by sections 91 and 93 of chapter 8 of the acts of 2021 and section 69 of chapter 24 of the acts of 2021; (iii) transport energy from periods of low energy demand to periods of high energy demand, provided that such transportation is coordinated with the renewable generation produced in lower demand periods under solicitations performed pursuant to subsection (b) of section 83C of chapter 169 of the acts of 2008, as most recently amended by sections 91 and 93 of chapter 8 of the acts of 2021 and section 69 of chapter 24 of the acts of 2021; (iv) enhance the reliable delivery of electricity to Massachusetts consumers; and (v) minimize ratepayer costs. The study shall determine the performance of said systems under frequent deployment, barriers to deployment or utilization, and incentives that could facilitate their deployment or utilization.  The carbon reduction research center shall provide recommendations to the secretary of the executive office of energy and environmental affairs no later than May 1, 2022, including numerical benchmarks for both new and existing long-duration energy storage systems to optimize the use of these systems, which the secretary shall incorporate into the setting of numerical benchmarks for energy storage in the 2025, 2030, 2035, 2040, 2045, and 2050 roadmap plans, pursuant to clause (xi) of section 5 of chapter 21N, as recently amended by section 10 of chapter 8 of the acts of 2021. The carbon reduction research center shall forward said 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.

SECTION 17. Notwithstanding any general or special law to the contrary, any funds not expended from the Offshore Wind Energy Career Training Trust Fund prior to the effective date of this act shall be transferred by the comptroller from said fund to the Massachusetts Offshore Wind Industry Investment Fund established in section 9A of chapter 23J.

SECTION 18. (a) Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall work in consultation with the executive office of labor and workforce development on the development of a pilot program for the purpose of helping students acquire challenging academic and technical skills that prepare them for high-skilled, high-wage and high-demand jobs in the Commonwealth relative to the offshore wind industry; provided further, programming may include but shall not be limited to offshore wind supply chain jobs in manufacturing, construction, assembling, shipping and maintenance of wind turbine components, and any additional credentialed programming in support of the offshore wind industry; provided further, that the offshore wind industry pilot credentialing program shall be based on industry-recognized, high-skilled, high-demand and high-wage offshore wind industry jobs in Massachusetts, including regionally-based workforce needs and shortages in the offshore wind industry, that requires an industry-recognized certification which would materially enhance a job applicant’s chances for employment and enhanced compensation; provided further, that programming shall offer high-quality credentials recognized by multiple employers in the offshore wind industry across the Commonwealth, provided, however, that no credential programming shall be provided for an occupation with an annual salary or wage that is less than 70 percent of the average annual salary or wage in the Commonwealth, unless the certification for such an occupation is stackable to another industry certification and required for the next level of occupation; provided further, that districts shall be reimbursed at $750 for each student in the district who earns offshore wind industry-recognized certification credentials that have a high employment value or relevant industry-recognized certification that is recognized by any public institution of higher learning in the commonwealth as a basis for academic credit at such institution, and reimbursed $600 for each student in the district who earns an industry-recognized certification in the offshore wind industry that does not meet the criteria of the previous paragraph but addresses regional demands identified by the local MassHire Workforce Board; provided further, any school district receiving a certification award for the offshore wind industry pilot credentialing program shall allocate at least 80 percent of any certification award to the school whose students obtained the qualifying certification; provided further, the allocation may not be used to supplant funds otherwise provided for the basic operation of the school; provided further, any school receiving a certification award shall use the award to support or maintain the program, including the payment of stipends for instructors and the subsidization of fees for low-income students to obtain the certification; provided further, the department shall develop the criteria necessary to carry out the offshore wind industry pilot credentialing program and may adopt any necessary regulations or guidance to carry out the pilot; provided further, not later than February 1, 2023 the department shall submit an annual report on the progress of the pilot, including, but not limited to: (i) the number of public school students participating in the pilot seeking certifications for high demand occupations in the offshore wind industry (ii) identifying the number of such students participating in the pilot who are low-income, English language learners and students with disabilities; (iii) the specific types of certifications earned by students, including the number of each such certifications earned; and (iv) recommendations on how to bring high-skilled, high-demand and high-wage credentialing programs to scale statewide, including any necessary funding considerations.

(b) Notwithstanding any general or special law to the contrary, the Massachusetts Clean Energy Center shall transfer $3,000,000 from the Massachusetts Offshore Wind Industry Investment Fund established under section 9A of chapter 23J of the General Laws to the department of elementary and secondary education for the purposes for this section; provided, that said funds shall also be expended by the department to reimburse districts for initial costs incurred as a result of participation in the pilot program including, but not limited to the acquisition of required materials and equipment, and the hiring of qualified teachers.

SECTION 19. Notwithstanding any general or special law to the contrary, the department of public utilities shall implement the requirements in subsection (a) of section 92B of chapter 164 of the General Laws, as inserted by section 12 of this act, within 30 days of the effective date of this act.

SECTION 20. Notwithstanding any general or special law to the contrary, the Governor shall make appointments to the Grid Modernization and Planning Council, established in subsection (g) of section 92B of chapter 164 of the General Laws and inserted by section 12 of this act, within 30 days of the effective date of this act.

SECTION 21. Notwithstanding any general or special law to the contrary, the department of energy resources shall establish an environmental working group and a fisheries working group as required by subsection (n) of section 83C of chapter 169 of the acts of 2008, as most recently amended by sections 91 and 93 of chapter 8 of the acts of 2021, section 69 of chapter 24 of the acts of 2021 and section 13 of this act, by June 1, 2022.