SENATE DOCKET, NO. 2420        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2132

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael J. Barrett

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act instituting a governance structure for Mass Save.

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PETITION OF:

SENATE DOCKET, NO. 2420        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2132

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 instituting a governance structure for Mass Save.

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. The General Laws are hereby amended by inserting after section 11I of chapter 25A the following section:-

Section 11J. Mass Save Board of Directors.

(a) A board, with duties and powers established pursuant to this section, shall govern Mass Save, the commonwealth’s residential conservation service program, and among its members shall be: the secretary of energy and environmental affairs or her designee; 1 individual appointed by the energy efficiency advisory council; 1 individual appointed by the Department of Public Utilities; 1 representative of each program administrator; the director of the energy efficiency division of the Department of Energy Resources; the sustainability program developer from the Department of Housing and Community Development; 1 individual appointed by the Metropolitan Area Planning Council; and 8 individuals appointed by the governor, 3 of whom shall reside in environmental justice communities as defined in section 62 of chapter 30, 1 of whom shall be an expert in building envelope performance, 1 of whom shall have expertise in energy efficiency, 1 of whom shall have expertise in appliance efficiency, and 2 of whom shall have expertise in the economics of greenhouse gas reductions.

A vacancy occurring on the board 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 board shall be eligible for reappointment.

(b) The board shall work with the executive director appointed pursuant to this section to plan, coordinate, oversee, review, and advise with respect to, the Mass Save program of the commonwealth. The board shall be responsible for tracking and assessing said program's role in, and contributions to, the commonwealth's achieving limits and sublimits set pursuant to chapter 21N, with respect to greenhouse gas emissions and reductions thereto, including the progress of the program in meeting all goals set by the secretary pursuant to section 3B of chapter 21N. The board shall be further responsible for optimizing the cost-effectiveness of Mass Save program expenditures in relation to their role in, and contributions to, achieving such greenhouse gas emissions limits and sublimits and in relation to improving the energy and emissions efficiency of the building stock of the commonwealth.

(c) Meetings of the board shall be subject to sections 18 to 25, inclusive, of chapter 30A. The board shall be subject to all other provisions of said chapter 30A and records pertaining to the administration of the board shall be subject to section 42 of chapter 30 and section 10 of chapter 66. Except as otherwise provided in this section, the operations of the board shall be subject to chapter 268A and chapter 268B.

(d) The board 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 board determines necessary to fulfill the mission of the Mass Save program. The executive director may not hold an affiliation with any participating utility. The executive director shall supervise the administrative affairs and general management and operations of the board and Mass Save program. The executive director shall receive a salary commensurate with the duties of the office. The executive director may, with the approval of the board, appoint other officers and employees of the board necessary to the functioning of the Mass Save program.

The executive director shall serve for a term of 5 years. No person shall be appointed as the executive director for more than 2 consecutive 5-year terms. 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 board 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.

(e) The executive director shall, with the approval of the board: (i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the Mass Save program; (ii) employ professional and clerical staff as necessary; (iii) report to the board on all operations under their control and supervision; (iv) prepare an annual budget and manage the administrative expenses of said program; (v) oversee coordination between the energy efficiency advisory council, the participating utilities, and the Department of Public Utilities; and (vi) undertake any other activities necessary to implement the powers and duties of said program, pursuant to chapter 25 of the General Laws, section 11A of chapter 25A, section 11G of chapter 25A, and section 134 of chapter 164.

Annually, the executive director shall file an operations report with the Secretary of Energy and Environmental Affairs and with the chairs of the joint committee on telecommunications, utilities and energy of the senate and house of representatives and the senate and house committees on ways and means. The report shall contain, but not be limited to, an analysis of the cost-effectiveness of the program in relation to reducing greenhouse gas emissions and an analysis of the contribution of the Mass Save program, expressed in tons of carbon dioxide equivalent, to meeting any and all statewide greenhouse gas emissions limits and sublimits. The executive director shall file amendments to the report with the secretary, 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.