SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2842

The Commonwealth of Massachusetts

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

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SECTION 1.  Chapter 6C of the General Laws is hereby amended by adding the following section:-

Section 78. The department shall create an anonymized and aggregated database of motor vehicle types and locations. In so doing, the department shall consult with at least 1 member organization of the Massachusetts Association of Regional Planning Agencies and with the department of energy resources.  The database shall consist of data for the most recently available 12 months, shall be updated annually, shall consist of data readily sortable by municipality and zip code and shall contain the: (i) total number of passenger fossil fuel-powered vehicle registrations; (ii) total number of passenger hybrid vehicle registrations; (iii) total number of passenger zero-emission vehicle registrations; (iv) total number of commercial fossil fuel-powered vehicle registrations; (v) total number of commercial hybrid vehicle registrations; (vi) total number of commercial zero-emission vehicle registrations; (vii) total number of vehicle miles traveled by passenger fossil fuel-powered vehicles over a defined 12-month period; (viii) total number of vehicle miles traveled by passenger hybrid vehicles over a defined 12-month period; (ix) total number of vehicle miles traveled by passenger zero-emission vehicles over a defined 12-month period; (x) total number of vehicle miles traveled by commercial fossil fuel-powered vehicles over a defined 12-month period; (xi) total number of vehicle miles traveled by commercial hybrid vehicles over a defined 12-month period; and (xii) the total number of vehicle miles traveled by commercial zero-emission vehicles over a defined 12-month period. Annually, not later than June 30, the department shall update the database for the previous calendar year. Annually, not later than September 30, the department shall compile a summary report of the data in the database and post the report on its website.

Upon request, the department shall provide the data to a member organization of the Massachusetts Association of Regional Planning Agencies or a municipality to aid in the deployment of electric vehicles and related infrastructure.

SECTION 2.  Section 1 of chapter 23J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definitions of “Clean energy” and “Clean energy research” and inserting in place thereof the following 2 definitions:-

“Clean energy”, advanced and applied technologies that significantly reduce or eliminate the use of energy from non-renewable sources including, but not limited to: (i) energy efficiency; (ii) demand response; (iii) energy conservation; or (iv) technologies powered, in whole or in part, by the sun, wind, water, geothermal energy, including networked geothermal and deep geothermal energy, hydrogen produced by non-fossil fuel sources and methods, alcohol, fuel cells, nuclear fusion or any other renewable, non-depletable or recyclable fuel; provided, however, that “clean energy” shall include an alternative energy generating source as defined in clauses (i) to (vi), inclusive, of subsection (a) of section 11F ½ of chapter 25A.

''Clean energy research'', advanced and applied research in new clean energy technologies including: (i) solar photovoltaic; (ii) solar thermal; (iii) wind power; (iv) geothermal energy, including networked geothermal and deep geothermal energy; (v) wave and tidal energy; (vi) advanced hydropower; (vii) energy transmission and distribution; (viii) energy storage; (ix) renewable biofuels, including ethanol, biodiesel and advanced biofuels; (x) renewable, biodegradable chemicals; (xi) advanced thermal-to-energy conversion; (xii) nuclear fusion; (xiii) hydrogen produced by non-fossil fuel sources and methods; (xiv) carbon capture and sequestration; (xv) energy monitoring; (xvi) green building materials; (xvii) energy efficiency; (xviii) energy-efficient lighting; (xix) gasification and conversion of gas to liquid fuels; (xx) industrial energy efficiency; (xxi) demand-side management; and (xxii) fuel cells; provided, however, that ''clean energy research'' shall not include advanced and applied research in coal, oil, natural gas or nuclear power other than nuclear fusion.

SECTION 3. Section 8 of said chapter 23J, as so appearing, is hereby amended by inserting after the figure "15A,", in line 4, the following words:- "municipally-owned institutions of higher education and”.

SECTION 4.  Said section 8 of said chapter 23J, as so appearing, is hereby further amended by striking out the third sentence and inserting in place thereof the following sentence:-  The grants shall include matching grants to such public institutions of higher education, municipally-owned institutions of higher education, public elementary and secondary schools and such vocational technical schools for the development of small-scale renewable clean energy generating sources, energy storage technologies, energy efficiency innovations and energy transmission and distribution innovations including, but not limited to: (i) photovoltaic installations; (ii) wind energy; (iii) ocean thermal, wave or tidal energy; (iv) fuel cells; (v) hydrogen produced by non-fossil fuel sources and methods; (vi) landfill gas; (vii) natural flowing water and hydroelectric; (viii) low-emission advanced biomass power conversion technologies using biomass fuels including, but not limited to, agricultural or food wastes; (ix) renewable biogas, biodiesel or organic refuse-derived fuel; (x) geothermal energy, including networked geothermal and deep geothermal energy; and (xi) nuclear fusion; provided, however, that the matching grants shall not be awarded for such development if it includes as sources coal, oil or natural gas resources other than the sources enumerated here or nuclear power other than nuclear fusion.

SECTION 5. Said section 8 of said chapter 23J, as so appearing, is hereby further amended by inserting after the word “section”, in line 20, the following words:- , public elementary and secondary schools.

SECTION 6. Section 9 of said chapter 23J is hereby amended by striking out, in line 55, as so appearing, the words “and (vi)” and inserting in place thereof following words:- “(vi) the achievement of the greenhouse gas reduction limits and sublimits established in chapter 21N; (vii) the facilitation of clean energy supply chain opportunities; and (viii).

SECTION 7.  Said section 9 of said chapter 23J is hereby further amended by striking out, in line 118, as so appearing, the words “biomass thermal and” and inserting in place thereof the following words:- including networked geothermal and deep geothermal energy, and.

SECTION 8.  Section 13 of said chapter 23J, added by section 14 of chapter 8 of the acts of 2021, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(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 to: (i) certified minority-owned and women-owned small business enterprises; (ii) individuals residing within an environmental justice community; (iii) current and former workers from the fossil fuel industry; (iv) any other business or community that is underrepresented in the clean energy workforce or clean energy industry; and (v) federally recognized tribes within the commonwealth. The program shall promote participation, inclusive of federally-recognized tribes in the commonwealth, in the commonwealth’s energy efficiency, clean energy and clean heating and cooling industries and promote access to the benefits of clean energy, clean transportation, electrification, energy efficiency and reducing the energy burden. 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 members of federally-recognized tribes in the commonwealth, certified minority-owned and women-owned small business enterprises, individuals residing within an environmental justice community and any other business or community that is underrepresented in the clean energy workforce or clean energy industry; (iii) provide grants and support to federally-recognized tribes in the commonwealth, community-based organizations and organizations serving environmental justice communities to expand access to clean energy, clean transportation, building electrification and energy efficiency or reduce the energy burden in such communities, including organizations promoting climate resilience in those communities with a focus on mitigating the impacts of extreme heat and other climate-driven disasters; (iv) identify barriers to deployment of clean energy and energy storage resources to federally-recognized tribes in the commonwealth and certified minority-owned and women-owned small business enterprises; (v) identify near-term deployment targets consistent with the state’s clean energy and climate change requirements and award incentives to deploy such resources; (vi) make recommendations to the general court for policies to promote employment growth and access to jobs in the clean energy industry; and (vii) identify opportunities for collaboration and mentorship between grant recipients and vocational schools receiving grants under section 8.

SECTION 9. Said chapter 23J is hereby further amended by adding the following section:-

Section 15. (a) There shall be established and placed within the center a separate fund to be known as the Clean Energy Investment Fund to be administered by the center. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenue; and (iii) funds from public and private sources and other gifts, grants and donations for the establishment and expansion of workforce training and development initiatives to support the clean energy industry. All amounts credited to the fund shall be used solely for activities and expenditures consistent with the public purposes of the fund as set forth in subsection (b), including the ordinary and necessary expenses of administration and operation associated with the fund. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

(b) The center shall make expenditures from the fund for the purposes of:

(i)  advancing clean energy research and technologies to federally recognized tribes within the commonwealth and commonwealth-based investors, entrepreneurs and institutions that are involved in the clean energy industry;

(ii) providing workforce development and technical training programs for public higher education and vocational-technical education institutions;

(iii) developing a regional strategy, inclusive of federally recognized tribes within the commonwealth, for regional employment boards to support the development of the clean energy industry; provided, however, that the regional employment boards shall publish their findings as an addendum to their workforce development blueprints;

(iv) supporting infrastructure including, but not limited to, port and canal infrastructure, development related to supporting the clean energy industry in the commonwealth, including on tribal lands;

(v) matching funds to secure future federal funding to support the clean energy industry and clean energy research in the commonwealth, including on tribal lands;

(vi) supporting research and development in the clean energy industry including, but not limited to, the interrelationship between clean energy infrastructure and existing natural habitats, ecosystems and dependent species;

(vii) supporting improved outcomes from the development of clean energy resources;

(viii) supporting the long-term coexistence and sustainability of the fishing and clean energy industries; and

(ix) providing for the necessary and reasonable administrative and personnel costs of the center or of the executive office of energy and environmental affairs related to administering the fund.

(c)  The fund’s activity shall be included in the annual report required by the second paragraph of section 5.

SECTION 10. Section 1 of chapter 23M of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Commercial energy improvements” and inserting in place thereof the following definition:-

“Commercial energy improvements”, any new construction, renovation or retrofitting of a qualifying commercial or industrial real property to reduce energy consumption or installation of renewable energy systems to serve qualifying commercial or industrial property; provided, however, that such new construction, renovation, retrofit or installation is permanently fixed to such qualifying commercial or industrial property.”

SECTION 11. Section 21 of chapter 25 of the General Laws is hereby amended by striking out, in lines 9 and 91, as so appearing, the words “April 30” and inserting in place thereof, in each instance, the following words:- March 31.

SECTION 12.  Said section 21 of said chapter 25 is hereby further amended by inserting after the word “technologies”, in line 58, as so appearing, the following words:-  including, but not limited to, programs that combine efficiency and electrification with renewable generation and storage.

SECTION 13.  Said section 21 of said chapter 25 is hereby further amended by inserting after the word “plan”, in line 63, as so appearing, the following words:- , including separate incentives for their performance on specific metrics.

SECTION 14.  Said section 21 of said chapter 25 is hereby further amended by striking out the word “and”, inserted by section 24 of chapter 8 of the acts of 2021, the last time it appears.

SECTION 15.  The first sentence of paragraph (2) of subsection (b) of said section 21 of said chapter 25, as most recently amended by said section 24 of said chapter 8, is hereby further amended by adding the following 3 clauses:- ; (xi) no spending on incentives, programs or support for systems, equipment, workforce development or training as it relates to new fossil fuel equipment unless such spending is for a backup thermal energy source for a heat pump; (xii) consideration of historic and present program participation by low and moderate-income households, including households that rent; and (xii) strategies and investments that the programs will undertake to achieve equitable access and reduce or eliminate any disparities in program uptake; and (xiii) a method for capturing the following data to assess the plan’s services to low-income ratepayers: (A) the total number of ratepayers per municipality served; (B) the total energy efficiency surcharge dollars paid by ratepayers as part of their utility bills per municipality served; and (C) the total energy efficiency surcharge dollars recovered by ratepayers in the form of incentives per municipality served, delineated by utility and sector, including residential, residential low-income, commercial and industrial.

SECTION 16.  Said section 21 of said chapter 25 is hereby further amended by inserting after the word “bodies,”, in line 75, as appearing in the 2020 Official Edition, the following words:- maximizing net climate, environmental and equity impacts.

SECTION 17.  Said section 21 of said chapter 25 is hereby further amended by striking out, in line 80, as so appearing, the word “with” and inserting in place thereof the following words:-  including, but not limited to, climate, environmental and equity benefits, with.

SECTION 18.  Said section 21 of said chapter 25 is hereby further amended by striking out, in line 121, as so appearing, the figure “90” and inserting in place thereof the following figure:- 120.

SECTION 19. Said section 21 of said chapter 25, as most recently amended by section 28 of chapter 8 of the acts of 2021, is hereby further amended by adding the following subsection:-

(f) The need for a program administrator to prepare for meetings with the council during the department’s 120-day review period after submission of a plan shall not constitute good cause in a motion for an extension of time to respond to discovery or in a motion for an extension of time to respond to a record request.

SECTION 20. Section 22 of said chapter 25 is hereby amended by striking out subsection (d), as amended by section 30 of said chapter 8, and inserting in place thereof the following subsection:-

(d) The electric and natural gas distribution companies and municipal aggregators shall provide quarterly reports to the council on the implementation of their respective plans. The reports shall include: (i) a description of the program administrator’s progress in implementing the plan; (ii) a summary of the savings secured to date; (iii) a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting all greenhouse gas emission limits and sublimits imposed by law or regulation; (iv) in order to assess the plan’s services to low-income ratepayers: (A) the total number of ratepayers per municipality served; (B) the total energy efficiency surcharge dollars paid by ratepayers as part of their utility bills per municipality served; and (C) the total energy efficiency surcharge dollars recovered by ratepayers in the form of incentives per municipality served, delineated by utility and sector, including residential, residential low-income, commercial and industrial; and (v) such other information as the council shall determine. The council shall provide an annual report to the department and the joint committee on telecommunications, utilities and energy on the implementation of the plan. The annual report shall include descriptions of the programs, expenditures, cost-effectiveness and savings and other benefits during the previous year and a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting all greenhouse gas emission limits and sublimits imposed by law or regulation. The quarterly and annual reports shall be made available to the public.

SECTION 21. Section 6 of chapter 25A of the General Laws is hereby amended by inserting after the word “improvements”, in line 52, as appearing in the 2020 Official Edition, the second time it appears, the following words:-, exceed required energy code requirements at the time of project permitting or the project meets another nationally-recognized building standard for energy performance as deemed appropriate by the department of energy resources in coordination with the Massachusetts Development Finance Agency.

SECTION 22.  Section 11F of chapter 25A of the General Laws is hereby amended by striking out, in line 40, 81 and 82 and 114, as so appearing, the word “biomass”.

SECTION 23.  Said section 11F of said chapter 25A is hereby further amended by striking out, in lines 41, 82 and 115, as so appearing, the word “wood, by-products” and inserting in place thereof, in each instance, the following word:- by-products.

SECTION 24.  Subsection (b) of said section 11F of said chapter 25A, as so appearing, is hereby amended by striking out the second sentence.

SECTION 25.  Said section 11F of said chapter 25A is hereby further amended by inserting after the word “gas”, in line 145, as so appearing, the following words:- , woody biomass.

SECTION 26.  Section 11F½ of said chapter 25A, as so appearing, is hereby amended by striking out, in line 16, the word “, biomass”.

SECTION 27.  Said section 11F½ of said chapter 25A, as so appearing, is hereby further amended by striking out, in lines 22 to 25, inclusive, the words “; provided, however, that facilities using biomass fuel shall be low emission, use efficient energy conversion technologies and fuel that is produced by means of sustainable forestry practices”.

SECTION 28.  Said section 11F½ of said chapter 25A, as so appearing, is hereby further amended by striking out the, in line 33, the words “and (F)” and inserting in place thereof the following words:- ; (F) biomass; and (G).

SECTION 29.  Said section 11F½ of said chapter 25A, as so appearing, is hereby further amended by striking out, in lines 36 and 37, and in lines 41 and 47, the words “eligible biomass, biogas” and inserting in place thereof, in each instance, the following word:-  biogas.

SECTION 30.  Said section 11F½ of said chapter 25A, as so appearing, is hereby further amended by striking out, in lines 50 to 58, inclusive, the words “(iv) for eligible biomass, biogas and liquid biofuel technologies, fuel conversion efficiency performance standards achievable by best-in-class commercially-feasible technologies; and (v) in consultation with the department of conservation and recreation, for forest-derived biomass, requirements that fuel shall be provided by means of sustainable forestry practices; provided, however, that the department shall adopt any existing or new biomass fuel sustainability standards if deemed appropriate by the department after a public comment process” and inserting in place thereof the following words:- and (iv) for biogas and liquid biofuel technologies, fuel conversion efficiency performance standards achievable by best-in-class commercially-feasible technologies.

SECTION 31. Section 14 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 3, the words “total project cost of $100,000 or less”  and inserting in place thereof the following words:-  maximum total project cost as set by the commissioner every 2 years.

SECTION 32.  Section 16 of said chapter 25A, as so appearing, is hereby amended by inserting after the word “section”, in line 1, the following words:- and section 19.

SECTION 33.  Subsection (a) of said section 16 of said chapter 25A, as so appearing, is hereby amended by adding the following 2 definitions:-

“Qualifying zero-emission vehicle”, a new or used motor vehicle: (i) that is a zero-emission vehicle; (ii) that has been manufactured primarily for use on public streets, roads and highways; (iii) that is registered within the commonwealth; (iv) whose purchaser’s primary residence or business location is within the commonwealth; and (v) whose purchaser files proof of primary residency and each qualifying vehicle’s registration within the commonwealth not later than 90 days after purchase.

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

SECTION 34.  Said chapter 25A is hereby further amended by adding the following  section:-

Section 19. (a) There shall be an Electric Vehicle Adoption Incentive Trust Fund to be expended, without further appropriation, by the department of energy resources for funding electric vehicle incentive programs consistent with this section. The fund shall be credited with: (i) money from public and private sources, including gifts, grants and donations; (ii) interest earned on such money; (iii) any other money authorized by the general court and specifically designated to be credited to the fund; and (iv) any funds provided from other sources. No expenditure from the fund shall cause the fund to be deficient at the close of a fiscal year.  Revenues deposited in the fund that are unexpended at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.

(b)(1) The department shall establish a program of rebates and other financial incentives to parties, including federally recognized tribes in the commonwealth, that purchase or lease a new or used qualifying zero-emission vehicle in the commonwealth. The program shall apply to individual and corporate fleet purchases of passenger cars and light duty, medium duty and heavy duty trucks, buses and vans; provided, however, that no rebate or other financial incentive shall be made available under this section for a used zero-emission vehicle that was bought new or used within the previous 24 months, a zero-emission vehicle that is a passenger car or light duty truck with a sales price that exceeds $50,000 or for a zero-emission vehicle that is leased for a period of less than 36 months. The department shall set a maximum sales price for medium duty or heavy duty trucks, busses and vans.

(2) The program shall include a point-of-sale rebate model that offers consumers savings at the point of purchase.  The department shall offer a program to provide low-income individuals with a $1,500 rebate which shall be provided at the point of sale and which shall be in addition to the rebate provided for in subsection (c); provided, however, that the department shall establish income guidelines and other program requirements for the program.

(c) The department shall offer rebates of not less than $3,500 and not more than $5,000 for a qualifying zero-emission vehicle that is a passenger car or a light duty truck and meets the requirements under subsection (b). The department shall provide rebates of not less than $4,500 and not more than $6,000 for the purchase or lease of: (i) a qualifying zero-emission vehicle that is a medium duty or heavy duty truck, bus or van; or (ii) a qualifying zero-emission vehicle under said subsection (b) if an individual is purchasing or leasing the vehicle and trading in a vehicle with market value that has an internal combustion engine that is not an electric vehicle as defined in section 16; provided, however, that the vehicle with an internal combustion engine has been continuously registered for the previous 2 years: (A) in the commonwealth; and (B) to the consumer or the consumer’s immediate family.

(d) The department shall publish and regularly update cumulative data regarding usage of the programs established in this section including, but not limited to, the number and dollar value per calendar year of rebates and incentives provided, sortable by: (i) zip code, municipality, make, model, dealership and whether ownership is personal or corporate; (ii) vehicle type; and (iii) vehicle weight. Such information shall be published annually, not later than September 30, on a website maintained by or provided for the department.  Annually, the department shall compile the data required to be collected under this paragraph in a report to be filed not later than September 30 for the previous calendar year with the senate and house committees on ways and means, the joint committee on transportation and the joint committee on telecommunications, utilities and energy.  The report shall include an analysis of the programs established in this section including, but not limited to, examining historic and present program participation of low-income and moderate-income households, by examining by moderate-income households and usage among demographic groups, including data by user race and ethnicity, and recommending strategies and investments to reduce or eliminate any disparities in program uptake;  provided, however, that, not less than every 4 years, the report shall also include 3-year cost effectiveness reviews examine the cost-effectiveness of the programs in reducing greenhouse gas . Annually, not later than June 30, the department shall provide the underlying disaggregated dataset used to populate the database including, but not limited to, vehicle-level data, to the Massachusetts Department of Transportation. 

(e) The department shall establish a linguistically diverse and culturally competent outreach campaign, which shall be print accessible and accessible to English language learners, to inform dealers, vehicle salespeople and consumers and businesses in underserved communities, communities with high percentages of low-income households and communities with high proportions of high emissions vehicles about the programs and incentives established pursuant to this section.  The department may expend not more than 5 per cent of money in the fund for the outreach campaign.

(f) The department may promulgate regulations to implement this section.

Section 20. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-

“Building”, a building or multiple buildings on a parcel, or any grouping of buildings designated by the department as an appropriate reporting unit for the purposes of this section.

“Department”, the department of energy resources.

“Energy”, electricity, natural gas, steam, hot or chilled water, heating oil, propane or other products designated by the department that are used for heating, cooling, lighting, industrial and manufacturing processes, water heating, cooking, clothes drying and other purposes.

“Gross floor area”, the total floor area contained within a building measured to the external face of the external walls.

“Large building”, a building with at least 25,000 square feet of gross floor area; provided, however, that the department may establish by regulation a lower threshold for a building to be considered a large building under this section.

“Owner”, the owner of record of a building or a designated agent thereof including, but not limited to, an association or organization of unit owners responsible for management of a condominium, the board of directors of a cooperative apartment corporation and the net lessee of a building subject to a net lease with a term of not less than 30 years, inclusive of all renewal options.

(b) Annually, not later than June 30, electric and gas distribution companies shall report to the department the total amounts of natural gas and electricity used during the previous calendar year by each large building that has an account with the distribution company.

(c) Annually, not later than June 30, owners of large buildings shall report to the department any energy used during the previous calendar year that is not covered by subsection (b); provided, however, that an owner shall not be required to report energy ordered, delivered and charged directly to a tenant if the owner requested energy use information from the tenant in writing not later than April 30 of the same year, the tenant did not respond and the owner provides evidence of the written request for information to the department.

(d) The department shall establish a deadline extension or alternative compliance pathway process for owners who, in the judgment of the department, demonstrate cause for such a deadline extension or alternative compliance pathway.

(e) Annually, not later than October 31, the department shall make available on its website energy use information for the previous calendar year for each large building on a building-specific basis. The department shall use appropriate practices to prevent the public disclosure of personally identifying information regarding owners and tenants. The information shall be published in database format, fully text-searchable and readily sortable by municipality, zip code and all the data elements in the database. The department shall also prepare an annual comprehensive report on large building energy performance utilizing the information and data collected under this subsection. The database and each annual report shall be public records.

(f) The department shall ensure that electric and gas distribution companies provide owners of buildings subject to this section with up-to-date information about energy efficiency opportunities, including incentives in utility-administered or other energy efficiency programs.

(g) The department may establish civil penalties for failure to comply with the requirements of this section; provided, however, that no such penalty shall be assessed on or passed through to a lessee of a unit within a large building that comprises less than 5 per cent of the total gross floor area of the large building; and provided further, that civil penalties under this subsection shall not exceed $300 per day.

(h) Nothing in this section shall prohibit municipalities from establishing and enforcing large building energy reporting requirements that exceed the requirements established pursuant to this section.

(i) The department shall promulgate regulations to implement this section within 1 year after the effective date of this section.

SECTION 35.  Section 2A of chapter 61A of the General Laws is hereby amended by striking out subsections (b) and (c), as appearing in the 2020 Official Edition, and inserting in place thereof the following 3 subsections:-

(b) In addition to the use provided for in subsection (a), land used primarily and directly for agricultural purposes pursuant to section 1 or land used primarily and directly for horticultural use pursuant to section 2 may, in addition to being used primarily and directly for agriculture or horticulture, be used to site a renewable energy generating source as defined in subsection (b) of section 11F of chapter 25A that qualifies in accordance with a solar incentive program for agriculture or horticulture sectors developed by the department of energy resources, if such renewable energy generating source does not impede the continued use of the land for agricultural or horticultural purposes pursuant to this chapter.

(c) Land used primarily and directly for agricultural purposes pursuant to section 1 or land used primarily and directly for horticultural purposes pursuant to section 2 shall be deemed to be in agricultural or horticultural use pursuant to this chapter if used to simultaneously site a renewable energy generating source pursuant to subsection (a) or subsection (b).

(d) Renewable energy generating sources located on land used primarily and directly for agricultural purposes pursuant to section 1 or land used primarily and directly for horticultural purposes pursuant to section 2 shall be subject to the provisions afforded to land used for agriculture under section 3 of chapter 40A.

SECTION 36.  Section 13 of said chapter 61A, as so appearing, is hereby amended by inserting after the word “years”, in line 35, the following words:- , or 10 years where the land has been used to simultaneously site a renewable energy generating source pursuant to section 2A,.

SECTION 37.  Section 4 of chapter 93B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(e) It shall be a violation of subsection (a) of section 3 for a motor vehicle dealer to sell in-state any new vehicle that is not a zero-emission vehicle. For the purposes of this paragraph, “vehicle” shall mean a passenger car or light duty truck and “zero-emission vehicle” shall have the same meaning as defined in section 16 of chapter 25A.

SECTION 38.  Section 94 of chapter 143 of the General Laws, as amended by section 96 of chapter 39 of the acts of 2021, is hereby further amended by adding the following 2 clauses:

(s) In consultation with the department of energy resources, to adopt and fully integrate into the state building code  a requirement that new construction of commercial and residential buildings with not less than 10 parking spaces, and any major reconstruction, renovation and repair of such buildings, include building electrical service and conduit systems sufficient to support  the minimum number of parking spaces for zero-emission vehicles, as defined in section 16 of chapter 25A; provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not less than 10 per cent of the total number of parking spaces, whichever is greater.

(t) In consultation with the department of energy resources, to adopt and fully integrate into the state building code a requirement that new construction of parking facilities with not less than 10 parking spaces, and any major reconstruction, renovation and repair of such facilities, include building electrical service and conduit systems sufficient to support the minimum number of parking spaces for zero-emission vehicles, as defined in section 16 of chapter 25A; provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not less than 10 per cent of the total number of parking spaces, whichever is greater.

SECTION 39.  Chapter 159A½ of the General Laws is hereby amended by adding the following section:-

Section 12. The division shall establish a program to reduce greenhouse gas emissions from transportation network vehicles. To the extent permitted under federal law, the program shall establish requirements for transportation network companies including, but not limited to, vehicle electrification and greenhouse gas emissions requirements. Such requirements shall require a transportation network company to submit biennial plans to gradually increase zero emission transportation network vehicles and reduce greenhouse gas emissions to meet goals set by the executive office of energy and environmental affairs. The division shall, to the extent practicable, minimize any negative impacts of the program on drivers from low-income and moderate-income communities and support the goal of clean mobility in such communities. 

The division shall establish regulations to implement the program required by this section.

SECTION 40.  Section 5 of chapter 161A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “standards”, in line 105, the following words:- , climate and the reduction of greenhouse gas emissions, environmental resiliency.

SECTION 41.  Said section 5 of said chapter 161A, as so appearing, is hereby further amended by inserting after the words “act,”, in line 111, the following words:- capital investments that result in reductions of greenhouse gas emissions.

SECTION 42.  Said section 5 of said chapter 161A, as so appearing, is hereby further amended by inserting after the word “maintenance,”, in line 116, the following words:- address climate change-related vulnerabilities.

SECTION 43.  The fourth paragraph of subsection (g) of said section 5 of said chapter 161A, as so appearing, is hereby amended by inserting after the first sentence the following 3 sentences:- The program shall include a clear, comprehensive and specific plan to implement the requirements under section 6A of chapter 448 of the acts of 2016, which shall include, but not be limited, to alterations, updates, land acquisitions and new construction of bus garages, maintenance facilities and charging and fueling equipment, as may be necessary to meet the requirements.  The plan shall prioritize the deployment of zero-emission buses on routes that serve underserved communities and communities with a high percentage of low-income households.  Each rolling 5-year plan shall report on the progress in meeting the requirements under said section 6A of said chapter 448 including, but not limited to, the number of zero-emission passenger buses operated, the number of non-zero emission passenger buses operated, 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.

SECTION 44.  Section 139 of chapter 164 of the General Laws is hereby amended by striking out, in lines 141 to 143, inclusive, as so appearing, 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 45.  Said section 139 of said chapter 164 is hereby further amended by inserting after subsection (i), as amended by section 85 of chapter 8 of the acts of 2021, the following 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 shall be exempt from the aggregate net metering capacity of net metering facilities and may net meter and accrue market net metering credits if it is generating renewable energy and serves on-site load, other than parasitic load.

SECTION 46.  Said section 139 of said chapter 164 is hereby further amended by adding the following subsection:-

(l) A Class I, Class II or Class III solar net metering facility, as defined in section 138, shall be eligible to or shall continue to receive Class I, Class II or Class III net metering credits as otherwise provided by this section if such facility is on the same parcel as any number of other such solar net metering facilities if the systems are:

(i) placed on a government-owned parcel; provided, however, that all systems on the single parcel do not exceed an aggregate limit of 2 megawatts; 

(ii) placed on a single parcel of land where all buildings on that parcel comprise low or moderate-income housing as defined in section 20 of chapter 40B of the General Laws;

(iii) each placed on a separate and distinct rooftop where no 2 systems occupy the same rooftop; provided, however, that all systems on the single parcel do not exceed an aggregate limit of 2 megawatts; or

(iv) installed not less than 1 year after any previously installed system was placed into service; provided, however, that all systems on the single parcel do not exceed an aggregate limit of 2 megawatts.

SECTION 47. Said chapter 164 is hereby further amended by inserting after section 139A the following section:-

Section 139B. (a) An electric distribution company shall have not more than 30 days to begin connecting solar panels to the electric grid after receiving a request provided that the solar panels are installed correctly and there are no other state or federal laws or regulations preventing such connection.

(b) An electric distribution company may submit a hardship waiver to the department within 20 days after receiving a request to connect solar panels to the electric grid if it cannot begin the project within 30 days. Hardship waivers may be granted to the electric distribution company for the following reasons:

(i) mass power outages caused by a single event;

(ii) documented workforce or resource shortages;

(iii) limitations to the electric grid; or

(iv) any state or federal law or regulation that prevents connection of the solar panels to the electric grid.

(c) The department shall make a decision on whether to grant a hardship waiver to the requesting electric distribution company within 10 days after receiving the hardship waiver request. The department may set a reasonable timeline for the electric distribution company to connect the solar panels to the electric grid upon approving any hardship waiver request.

SECTION 48. Said chapter 164 is hereby further amended by adding the following section:-

Section 149. The department of energy resources shall include in the solar incentive program established in section 11 of chapter 75 of the acts of 2016, and in any successor solar incentive program, additional incentives for pollinator-friendly solar installations that have been certified by a recognized pollinator-friendly solar photovoltaic certification program at a higher education institution in the commonwealth or that have obtained another equivalent certification as determined by the department. The department shall  promulgate regulations to implement this section.

SECTION 49.  Section 83B of chapter 169 of the acts of 2008, inserted by section 12 of chapter 188 of the acts of 2016, is hereby amended by striking out the definition of “Long-term contract” and inserting in place thereof the following 3 definitions:-

“Long-duration energy storage system”, an energy storage system, as defined in section 1 of chapter 164 of the General Laws, that is capable of dispatching energy at its full rated capacity for a period of 12 hours or greater, up to 24 hours.

“Long-term contract”, a contract for a period of 15 to 20 years for offshore wind energy generation pursuant to section 83C or for clean energy generation pursuant to section 83D; provided, however, that a contract for offshore wind energy generation pursuant to said section 83C may include terms and conditions for renewable energy credits associated with the offshore wind energy generation that exceed the term of generation under the contract.

“Multi-day energy storage system”, an energy storage system, as defined in section 1 of chapter 164 of the General Laws, that is capable of dispatching energy at its full rated capacity for a period greater than 24 hours.

SECTION 50.  Section 83C of said chapter 169 is hereby amended by striking out subsections (a) to (e), inclusive, as most recently amended by section 69 of chapter 24 of the acts of 2021, and inserting in place thereof the following 5 subsections:-

(a)  To facilitate the financing of offshore wind energy generation resources in the commonwealth, every distribution company shall jointly and competitively, in coordination with the department of energy resources, solicit proposals for offshore wind energy generation. If reasonable proposals have been received, each distribution company shall enter into long-term contracts that are cost-effective and promote economic development in the commonwealth. 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; provided, however, that the department of public utilities shall not approve a long-term contract that results from a solicitation and procurement if the levelized price per megawatt hour, plus associated transmission costs, is greater than or equal to the levelized price per megawatt hour plus transmission costs of the previous procurement; provided further, that increased costs from the contract compared to the previous approved contract for documented, direct and performance-based economic development and employment opportunities for economically distressed areas and for low-income and middle-income populations and for diversity, equity and inclusion and supplier diversity programs shall not be factored into the levelized price per megawatt hour; and provided further, that such economic development costs shall not result in a contract being approved if the total cost of the procurement is greater than a 10 per cent increase from the previous procurement.

(b)  The timetable and method for solicitations of long-term contracts shall be proposed by the department of energy resources in coordination with the distribution companies using a competitive bidding process and shall be subject to review and approval by the department of public utilities. The department of energy resources shall consult with the distribution companies and 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, in coordination with the department of energy resources, may conduct 1 or more competitive solicitations through a staggered procurement schedule developed by the department of energy resources; provided, however, 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 not less than 400 megawatts of aggregate nameplate capacity of offshore wind energy generation resources. The staggered procurement schedule shall be developed by the department of energy resources and shall specify that any 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, in consultation with the independent evaluator and the electric distribution companies for technical advice. The department of energy resources shall, in consultation with the independent evaluator, issue a final, binding determination of the winning bid; provided, however, 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. If the department of energy resources, in consultation with 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 contract if the contract’s terms and conditions would require the contract obligation to place an unreasonable burden on the distribution company’s balance sheet after consultation with the department of energy resources; 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 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; and provided further, that mitigation shall not increase costs to ratepayers. If a distribution company deems all contracts to be unreasonable, the distribution company shall consult with the department of energy resources and, 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 contract. 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 contract. The department of public utilities shall take into consideration the department of energy resources’ recommendations on the distribution company’s decision. 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: (i) allow offshore wind developers of offshore wind energy generation to submit proposals for long-term contracts consistent with this section; (ii) 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; (iii) provide for an annual remuneration for the contracting distribution company of 1.25 per cent of the annual payments under the contract to compensate the company for accepting the financial obligation of the long-term contract; provided, however, that such provision shall be acted upon by the department of public utilities at the time of contract approval; (iv) require associated transmission costs to be incorporated into a proposal; provided, however, 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 if the department finds such recovery is in the public interest; and (v) require that offshore wind energy generating resources to be used by a developer under the proposal: (A) where feasible, create and foster employment and economic development in the commonwealth; (B) provide enhanced electricity reliability, system safety and energy security; (C) contribute to reducing winter electricity price spikes; (D) are cost effective and beneficial to electric ratepayers in the commonwealth over the term of the contract, taking into consideration potential costs and benefits to the ratepayers, including potential economic and environmental benefits; (E) avoid line loss and mitigate transmission costs to the extent possible and ensure that transmission cost overruns, if any, are not borne by ratepayers; (F) adequately demonstrate project viability in a commercially reasonable timeframe; (G) allow offshore wind energy generation resources to be paired with energy storage systems; (H) include an initial environmental and fisheries mitigation plan for the construction and operation of such offshore wind facilities, including consideration of commercial, recreational and aboriginal fishing rights; and (I) mitigate impacts to the marine environment by providing financial and technical assistance to support robust monitoring of wildlife and habitat through contributions to regional and tribal research efforts.  The department of energy resources shall give preference to proposals that demonstrate benefits from: (i) documented, direct or performance-based economic development and employment activity, including opportunities for diversity, equity and inclusion; (ii) mitigation and avoidance of detrimental environmental and socioeconomic impacts, including through meaningful consultation with impacted environmental and socioeconomic stakeholders, including federally-recognized tribes and commercial fishing; (iii) proposals that support workforce harmony and community benefits by workforce agreements with appropriate labor organizations; provided, however, that preference shall be given to such agreements that facilitate employment opportunities for members of federally-recognized tribes in the commonwealth, low-income and moderate-income employment opportunities for workers from underrepresented communities and certified minority-owned and women-owned small business enterprises; and (iv)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 take into consideration the department of energy resources’ recommendations on the potential costs and benefits to the rate payers, including economic and environmental benefits, and the requirements of chapter 298 of the acts of 2008 and chapter 21N of the General Laws. 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 beneficial, 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.

SECTION 51. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking out the words “may include requirements for electric vehicle charging for residential and appropriate commercial buildings as amendments to the state building and electric code” and inserting in place thereof the following words:-  shall include requirements for electric vehicle charging for residential and commercial buildings as amendments to the state building code and the state electric code pursuant to clauses (s) and (t) of section 94 of chapter 143 of the General Laws.

SECTION 52.  Said chapter 448 is hereby further amended by inserting after section 6 the following section:-

Section 6A. (a) Each purchase or lease of a passenger bus by the Massachusetts Bay Transportation Authority shall be a zero-emission vehicle. 

(b) Not later than December 31, 2040, all passenger buses operated by the Massachusetts Bay Transportation Authority shall be exclusively zero-emission passenger buses.

SECTION 53. (a) The Massachusetts Bay Transportation Authority shall develop and implement short-term, medium-term and long-term plans for each line of the rail system ensuring that the rail is fully integrated into the commonwealth’s transportation system and designed to make the system more productive, equitable and decarbonized. Each plan shall maximize the ridership returns on investment and shall be designed to meet statewide greenhouse gas emissions limits established in chapter 21N of the General Laws.

(b)(1) The authority shall include in the short-term plan immediate action items to run electric locomotive service along the Providence/Stoughton line, the Fairmont line and the line from the cities of Boston to Everett to Chelsea to Revere to Lynn to Salem to Beverly. The plan shall include, but not be limited to: (i) detailed critical path schedule for each phase; (ii) cash flow needs organized by fiscal year through completion of each phase; (iii) a regional strategy to receive all necessary environmental approvals and permits; and (iv) identifying needs from utilities to achieve adequate and redundant power to update the system. The plan shall include target completion dates, a conceptual work plan and a schedule outlining the work to be pursued in 2022 and 2023. The authority shall include, in any capital plan approved after the effective date of this act, purchases necessary to begin the transition to electric service on the aforementioned rail lines and no agreement to purchase commuter rail trains shall be for diesel locomotives after December 31, 2030.

(2) The authority shall include in its medium- and long-term plans a comprehensive and specific plan to electrify the remainder of the commuter rail fleet for all lines as necessary to maximize the ridership returns on investment and meet statewide greenhouse gas emissions limits and sublimits established in chapter 21N of the General Laws. The plan shall include, but not be limited to, necessary updates to layover and maintenance facilities, necessary infrastructure upgrades and a schedule for fleet design, testing, procurement and deployment.

(c) The authority shall publish and receive public comment on its short-term plan under paragraph (1) of subsection (b) by November 1, 2022 or 180 days after the effective date of this act, whichever is later. The authority shall publish and receive public comment on plans required by (a) and its medium-term and long-term plans under paragraph (2) of said subsection (b) by December 31, 2023 or 180 days after the effective date of this act, whichever is later.

SECTION 54.  Notwithstanding any general or special law to the contrary, beginning on January 1, 2023, no supplier as defined in section 1 of chapter 164 of the General Laws shall execute a new contract or renew an existing contract for generation services with any individual residential retail customer. This section shall not apply to, or otherwise affect, any government body that aggregates the load of residential retail customers as part of a municipal aggregation energy plan pursuant to section 134 of chapter 164 of the General Laws. A violation of this section shall be an unfair and deceptive act pursuant to chapter 93A of the General Laws and the attorney general may bring an action under section 4 of said chapter 93A to enforce this section and to seek restitution, civil penalties, injunctive relief and any other relief awarded pursuant to said chapter 93A.

SECTION 55.  (a) The department of energy resources, in consultation with the Massachusetts clean energy technology center, shall study the current and developing technologies of energy storage systems and make recommendations on how such systems may be deployed in the commonwealth. The study shall examine: (i) currently available energy storage systems; (ii) energy storage systems currently in development; (iii) cost effective deployment of energy storage systems including, but not limited to, energy storage systems with a 4 to 12-hour capacity, long duration and multi-day energy storage systems and energy storage peak renewable power; provided, however, that “energy storage peak renewable power” shall mean the generation transferred to higher demand on-peak periods by an energy storage system; (iv) the cost effectiveness of providing tax incentives under section 5 of chapter 59 or section 6 of chapter 64H for energy storage systems; (v) the cost effectiveness of financing mechanisms and incentives, including the use of alternative compliance payments and the use of energy efficiency funds provided under section 19 of chapter 25 of the General Laws to pay for energy storage systems installed at a customer’s premises; (vi) location patterns of energy storage systems currently in use; (vii) opportunities for future expansion in energy storage; and (viii). the necessity, costs and benefits of requiring distribution companies as defined in section 1 of chapter 164 of the General Laws to jointly and competitively conduct energy storage systems solicitation and procurements from renewable generation delivered in periods of high demand or other methods to help increase the utilization of energy storage systems.

(b) In making its recommendations, the department shall consider the extent to which the storage systems: (i) contribute to compliance with the statewide greenhouse gas emissions limits and sublimits under chapter 21N of the General Laws including, but not limited to, the sublimit of electric power pursuant to section 3A of said chapter 21N; (ii) promote the integration of offshore wind energy and other renewable sources; (iii) enable firm energy delivery from renewable energy resources during periods of low energy demand to periods of high energy demand; (iv) enhance the reliable delivery and security of electricity to consumers; (v) minimize ratepayer costs; (vi) contribute to decarbonization and operational resilience of critical emergency infrastructure including, but not limited to, cooling centers designed to provide relief for vulnerable urban residents from extreme heat that are co-located in schools, senior centers, libraries and health centers; and (vii) contribute to the decarbonization of healthcare institutions including, but not limited to, hospitals and other healthcare providers. The study shall determine the performance of the systems under frequent deployment, barriers to deployment or utilization and incentives and programs that could facilitate their deployment or utilization. The department of energy resources shall provide recommendations to the secretary of energy and environmental affairs not later than 6 months after the effective date of this act, including numerical deployment targets for both new and existing long-duration and multi-day energy storage systems, energy storage systems with a 4 to 12-hour capacity and energy storage peak renewable power to optimize the use of these systems, which the secretary shall incorporate into the setting of numerical benchmarks for energy storage capacity pursuant to clause (xi) of section 5 of said chapter 21N; provided, however, that said benchmarks shall not include hydrogen produced by fossil fuel sources and methods. Not later than December 31, 2023, the department of energy resources shall submit its recommendations to the clerks of the senate and house of representatives and the joint committee on telecommunications, utilities and energy.

SECTION 56. Not later than July 1, 2023, the Massachusetts Department of Transportation shall install and maintain electric vehicle charging stations for public use at: (i) all service plazas located on the Massachusetts Turnpike; (ii) parking lots of at least 5 commuter rail stations; (iii) parking lots of at least 5 subway stations; and (iv) a parking lot of at least 1 ferry terminal.

SECTION 57.  (a) There shall be within the executive office of energy and environmental affairs, but not subject to the control of the executive office, an interagency coordinating council to implement an electric vehicle charging infrastructure deployment plan. The council shall consist of a designee from the following persons: the secretary of energy and environmental affairs, who shall designate the chair of the council; the commissioner of environmental protection; the commissioner of energy resources; the secretary of transportation; the secretary of housing and economic development; the secretary of administration and finance; and the commissioner of public utilities. The council shall assess and report on strategies and plans necessary to deploy electric vehicle charging infrastructure to establish an equitable, interconnected, accessible and reliable electric vehicle charging network. The deployment plan shall facilitate: (i) compliance with the greenhouse gas emissions limits and sublimits set pursuant to sections 3 and 3A of chapter 21N of the General Laws, with emphasis on compliance with the emissions limits and sublimits set for 2025 and 2030; (ii) attainment of the numerical benchmarks for electric vehicles and electric vehicle charging stations set pursuant to section 5 of said chapter 21N; (iii) the cessation, by December 31, 2035, of in-state sales of non-zero-emission vehicles; and (iv) advance access to, and the affordability of, electric vehicle charging and fueling.

The assessment shall include, but not be limited to: (i) the present condition of, and future needs for, road and highway electrification; (ii) estimates of the number and types of electric vehicle charging stations needed in public and private sector settings including, but not limited to, parking lots for public transit stations, commercial and industrial settings and single occupancy, double occupancy and multiple-occupancy residential structures; (iii) suggestions for optimal locations for electric vehicle charging stations in urban, suburban and rural areas including, but not limited to, low-income and moderate-income communities; (iv) discussion of distribution, transmission and storage infrastructure and technology needed; (v) discussion of present and projected future costs and methods of financing those costs; (vi) technological advances in charging stations and related infrastructure, equipment and technology including, but not limited to, advances that may aid in data collection, connecting via remote communications, assisting in grid management and assisting in the integration of renewable energy resources; (vii) recommendations to assist governmental and private sector officials in installing charging stations and related infrastructure, equipment and technology, including within proximity of on-street parking; and (viii) identification and discussion of current policies and recommendations for policies, laws and regulatory actions that may facilitate the provision of charging stations and related infrastructure, equipment and technology including, but not limited to, cybersecurity requirements and best practices.

(b) The council shall regularly seek data and input relating to electric vehicle charging stations, fueling stations and related infrastructure, equipment and technology from stakeholders including, but not limited to, investor-owned and publicly-owned electric utilities, state and local transportation agencies, companies involved in products, services, technologies and data collection related to clean energy charging and fueling, automobile manufacturers, groups representing environmental, energy and climate perspectives and groups representing consumers including, but not limited to, low-income consumers.

(c) In conducting and updating the assessment under this section, the council shall hold at least 5 public hearings in geographically diverse areas of the commonwealth.

(d) The council shall issue its initial assessment to the senate and house committees on ways and means and the joint committee on telecommunications, utilities and energy not later than 12 months after the effective date of this act and shall reconsider and revise its assessment at least once every 2 years. The council shall make its assessments publicly available on each secretariat’s website.

(e)  The council shall coordinate grant programs under each secretariat to ensure a holistic, coordinated and comprehensive deployment of electric vehicle charging infrastructure. The council may further accept appropriations, federal funds, grants, gifts and loans to further the development and objectives of the deployment plan and may establish grant programs to expend funds received. The council shall annually submit a report on disbursements from the grant program including, but not limited to, grant awardees and amounts awarded, to the clerks of the senate and house of representatives and the joint committee on telecommunications, utilities and energy not later than December 31.

(f)  There shall be a Charging Infrastructure Deployment Fund to be administered by the council for the purposes of ensuring a holistic, coordinated and comprehensive deployment of electric vehicle charging infrastructure. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenue; and (iii) funds from public and private sources and other gifts, grants and donations. All amounts credited to the fund shall be used solely for activities and expenditures consistent with the purposes of this section, including the ordinary and necessary expenses of administration and operation associated with the fund. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

SECTION 58.  (a) Not later than 6 months after the effective date of this act, distribution companies as defined in section 1 of chapter 164 of the General Laws shall submit proposals to the department of public utilities for approval to offer rate credits or rebates to consumers that charge their electric vehicles during off-peak hours.  The rebate or credit amount shall include the value of: (i) avoided energy and capacity costs; (ii) avoided transmission costs; (iii) avoided distribution costs; (iv) improved grid reliability; (v) capacity benefits in the form of demand-induced price reduction effects; (vi) avoided greenhouse gas emissions; and (vii) public health benefits. The department shall coordinate rate credits and rebate amounts to minimize unnecessary differences and shall approve the rebates not later than June 30, 2023.

(b)(1) For the purposes of this subsection, “time-of-use rate” shall mean a rate designed to reflect the cost of providing electricity to a consumer charging an electric vehicle at an electric vehicle charging station at different times of the day.

(2) Not later than 12 months after the effective date of this act, distribution companies as defined in section 1 of chapter 164 of the General Laws shall submit proposals to the department for approval to offer a time-of-use rate. The proposals shall not include additional demand charges. The proposals shall include a separate opt-in residential time-of-use rate for electric vehicle owners or lessees. In evaluating proposals for approval, the department shall consider the effect of the proposal on: (i) energy conservation, optimal and efficient use of a distribution company’s facilities and resources; (ii) benefits to transmission and distribution systems; (iii) equitable rates for electric consumers; and (iv) greenhouse gas emissions reductions. The proposals shall ensure equitable participation by all electric vehicle owners and lessees. Not later than October 31, 2025, the department shall issue at least 1 order that responds to distribution company proposals to offer a time-of-use rate.

SECTION 59.  Notwithstanding any general or special law or rule, regulation or order to the contrary, the department of public utilities shall not approve any company-specific plan, filed pursuant to the DPU Docket No. 20-80, Investigation by the Department of Public Utilities on its own Motion into the Role of Gas Local Distribution Companies as the Commonwealth Achieves its Target 2050 Climate Goals, prior to conducting an adjudicatory proceeding with respect to such plan.

SECTION 60.  The department of public utilities shall convene a stakeholder working group to develop recommendations for regulatory and legislative changes that may be necessary to align gas system enhancement plans developed pursuant to section 145 of chapter 164 of the General Laws with the applicable statewide greenhouse gas emission limits and sublimits established pursuant to chapter 21N of the General Laws and the commonwealth's emissions strategies.  The working group shall be convened not later than October 1, 2022 and shall include: the attorney general, or a designee; the commissioner of energy resources, or a designee; the chairman of the department of public utilities, or a designee; the commissioner of environmental protection, or a designee;  the chairs of the joint committee on telecommunications, utilities and energy, or their designees; and 9 members appointed by the secretary of energy and environmental affairs, 1 of whom shall be  a representative of a natural gas local distribution company, 1 of whom shall be an advocate for low-income residents of the commonwealth, 1 of whom shall be an advocate for middle-income residents of the commonwealth, 1 of whom shall  be a representative of municipalities or groups of municipalities, 1 of whom shall be a representative of a labor union representing gas distribution workers, 1 of whom shall be a representative of a nonprofit organization with expertise in energy supply and demand, 1 of whom shall be a representative of a nonprofit organization with expertise in the transition to clean thermal energy, 1 of whom shall be a representative of a nonprofit organization with expertise in public health and 1 of whom shall be a representative of a nonprofit environmental organization.  The working group shall consider the gas system enhancement plans’ impacts on, and implications for, public health, safety, equity, affordability, reliability, reductions in greenhouse gas emissions and cost recovery for repair and replacement of pipeline infrastructure including, but not limited to, embedded costs, potential stranded assets and opportunity costs and benefits; provided, however, that said working group shall evaluate opportunities to advance utility-scale renewable thermal energy under said section 145 of said chapter 164; and provided further, that any change recommended shall enable natural gas local distribution companies to maintain a safe and reliable gas distribution system during the commonwealth's transition to net zero emissions.  The working group shall submit its report to the department of public utilities, the joint committee on telecommunications, utilities and energy, the senate and house committees on global warming and climate change and the clerks of the senate and house of representatives not later than July 31, 2023.

SECTION 61. The department of energy resources, in consultation with the secretary of energy and environmental affairs, shall make recommendations to the general court on a successor program to the solar incentive program established in section 11 of chapter 75 of the acts of 2016. In developing recommendations, the department shall consider: (i) the benefits provided by distributed generation facilities including, but not limited to: (A) avoided energy purchases; (B) avoided capacity purchases; (C) avoided transmission and distribution costs; (D) avoided line losses; (E) avoided environmental compliance costs; (F) avoided damages from greenhouse gas emissions; (G) enhanced reliability; (H) equity and environmental justice benefits; and (I) any other benefits as may be determined by the department; (ii) time differentiated rates and alternative rates that encourage equity and alignment with the commonwealth’s energy, climate and natural resources programs and policies;  (iii) the siting of clean energy projects in underserved communities and within the built environment on developed or degraded land including, but not limited to, rooftops, parking lots and other low-impact areas with minimal ecosystem service values; (iv) avoiding or minimizing impacts to natural and working lands and waters; and (v) potential solutions to challenges faced by municipalities relative to the deployment of solar within the built environment, including the provision of guidelines, technical assistance and incentives for municipalities to update local land use regulations to facilitate within-development siting.

The process shall work in parallel with the department’s technical potential of solar study.

The department shall file its recommendations with the clerks of the senate and house of representatives and the joint committee on telecommunications, utilities and energy not later than July 31, 2023.

SECTION 62. The department of energy resources shall study and make recommendations to the general court on the potential costs and benefits of coordinating with other New England states undertaking competitive solicitation for approximately 1,750,000 megawatt hours of long-term clean energy generation. In developing its recommendations, the department shall consider the ability of such solicitation to: (i) provide enhanced electricity reliability in the commonwealth and the region; (ii) provide cost-effective clean energy to electric ratepayers in the commonwealth and the region over the term of the contract, taking into consideration the potential economic and environmental benefits to ratepayers; (iii) avoid line loss and mitigate transmission costs to the extent possible and ensure that transmission cost overruns, if any, are not borne by ratepayers in the commonwealth or the region; (iv) adequately demonstrate project viability in a commercially-reasonable timeframe; (v) mitigate environmental impacts; and (vi) where feasible, create and foster employment and economic development in the commonwealth and in New England states. The department shall submit its recommendations to the clerks of the senate and house of representatives and the joint committee on telecommunications, utilities and energy not later than September 1, 2022.

SECTION 63.  Notwithstanding any general or special law to the contrary, the executive office of energy and environmental affairs shall promulgate regulations to implement section 2A of chapter 61A of the General Laws within 6 months after the effective date of this act. The regulations shall include, but not be limited to: (i) appropriate construction practices and allowable building materials for renewable energy generating sources installed pursuant to said section 2A of said chapter 61A to protect the water and soil quality of the land and minimize adverse environmental impacts; (ii) appropriate data collection and reporting requirements for land sited for renewable energy generation under said section 2A of said chapter 61A; and (iii) a definition of “continued use” of agricultural and horticultural land under subsection (b) of said section 2A of said chapter 61A. The executive office shall at least 3 public hearings to receive feedback on the draft regulations in geographically-diverse regions throughout the commonwealth.

SECTION 64. (a) The department of public health, the department of elementary and secondary education and the department of energy resources, in consultation with the Massachusetts School Building Authority, shall assess and report on strategies to implement green and healthy school standards for renovations and rehabilitation of existing school buildings and for new school building construction and shall make recommendations for such standards.  The standards shall: (i) describe: (A) opportunities to shift to fossil-free fuels; (B) opportunities to increase energy efficiency and efficient use of resources including, but not limited to, low flow fixtures; (C) ventilation and air circulation standards, including adequate outdoor air exchange, filtration and circulation; (D) healthy indoor air quality standards, including limits on pollutants, dust, mold, allergens, exposure to toxic substances, chemical emissions and vapor intrusion; (E) appropriate thermal comfort, humidity and temperature controls; (F) adequate availability of clean and safe water and water fountains; (G) appropriate artificial lighting and plentiful natural light; and (H) the proper maintenance requirements of mechanical systems; (ii) prioritize schools with the greatest needs; (iii) consider the unique environmental differences of schools located in urban, industrial, rural and other areas facing site challenges; and (iv) consider the need to address historic patterns of inequity in education and schools including, but not limited to, the needs of students in special education programs.

(b) The department of public health, the department of elementary and secondary education and the department of energy resources shall issue a joint report, including findings of the assessment and recommendations for implementing green and healthy school standards for renovation and rehabilitation, to the house and senate committees on ways and means, the joint committee on telecommunication, utilities and energy, the joint committee on public health and the joint committee on education not later than December 31, 2023. The findings of the assessment and the initial recommendations for strategies and standards shall be published on the public websites of the department of public health, the department of elementary and secondary education and the department of energy resources and shall be submitted to the house and senate committees on ways and means, the joint committee on telecommunication, utilities and energy, the joint committee on public health and the joint committee on education not later than July 1, 2024.

SECTION 65. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Fossil fuel-free”, as defined by a city or town to include, but not be limited to, an entire building or entire condominium unit that does not, in support of its operation after construction, utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels.

“Local approval”, by a majority vote of the: (i) city council with the approval of the mayor in the case of a city with a mayor elected to serve as the chief executive officer of the city; (ii) city council in every other city; (iii) annual town meeting or a special meeting called for that purpose in the case of a municipality with a town meeting form of government; or (iv) town council in the case of a municipality with a town council form of government.

(b) Notwithstanding chapter 40A, section 13 of chapter 142 and chapter 164 of the General Laws or any other general or special law to the contrary, the department of energy resources shall establish a demonstration project in which cities and towns adopt and amend general or zoning by-laws that restrict or prohibit new building construction or major renovation projects that are not fossil fuel-free and enforce restrictions and prohibitions on new building construction and major renovation projects that are not fossil fuel-free, including through the withholding or conditioning of building permits.

The department shall approve not more than 10 applications under this section.  The department shall approve an application into the program from any city or town that has submitted a home rule petition to the general court on the subject matter of this section on or before the effective date of this act.  The department shall issue the approvals under this section  to not more than 10 communities in the order in which the communities submitted home rule petitions to the general court.

If 10 or fewer communities qualify for participation by virtue of having submitted a home rule petition to the general court by the effective date of this section, the department shall consider the regional and demographic diversity of the communities applying for participation in approving the application.  No city or town shall apply for acceptance into the demonstration project until it has received local approval.

The department shall act upon an application from a city or town within 30 days after  receiving its application

Nothing in this section shall inhibit or interfere with the department’s obligation to promulgate a municipal opt-in specialized stretch energy code that includes, but shall not be limited to, net-zero building performance standards and a definition of net-zero building under section 31 of chapter 8 of the acts of 2021 nor shall anything in this section limit the ability for any community to opt in to such specialized code following its promulgation; provided, however, that nothing in this section shall interfere with the department’s authority to set restrictions or limitations on fossil fuel construction necessary to meet the department’s obligation to promulgate the specialized stretch energy code’s net-zero building performance standards and definition of net-zero building designed to achieve compliance with the commonwealth’s statewide greenhouse gas emission limits and sublimits established pursuant to chapter 21N of the General Laws. The department shall collect data from cities and towns approved under this section to monitor impacts to emissions, building costs, operating costs and other criteria as set by the department in consultation with participating cities and towns.  Electric and gas distribution companies shall collect and annually report to the department, in a form approved by the department, the anonymized monthly totals of electricity and gas consumed, and corresponding electricity and gas bill amount, for each consumer in: (i) each municipality participating in the demonstration; and (ii) comparable municipalities not participating in the demonstration as selected by the department. The department shall make the data available on its website in a machine-readable format and annually update the data for the duration of the demonstration.

SECTION 66. There shall be a commission to examine opportunities for farms and agricultural lands to increase their involvement in the commonwealth’s response to climate change and make recommendations for policies, laws and regulatory actions that may facilitate the increased involvement and opportunities for farms and agricultural lands.

The commission shall examine: (i) the use of composting including, but not limited to, the feasibility of a statewide grid of composting sites run by licensed operators utilizing local feedstocks; (ii) the impact of increasing the amount of organic feedstock being composted and sequestered in farm soils, turf areas and forest lands; and (iii) the extent to which farms should receive priority access to supplies, technical supports and financial subsidies to prioritize operational decarbonization. The commission shall also develop metrics to increase carbon soil content over an established base line over 5-year intervals.

The commission shall consist of: the commissioner of agricultural resources, or a designee, who shall serve as chair; the chairs of the joint committee on environment, natural resources and agriculture; a representative of the Massachusetts Municipal Association, Inc.; a representative of the Massachusetts Farm Bureau Federation, Incorporated; and 4 members to be appointed by the governor who shall have experience in agricultural activities. The commission shall convene its first meeting not later than May 1, 2023 and shall file a report, along with any recommended legislation, not later than October 31, 2024 with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture.

SECTION 67. Notwithstanding any general or special law to the contrary, not later than 14 days after the effective date of this act, the state comptroller shall transfer from the General Fund: (i) $100,000,000 to the Clean Energy Investment Fund established in section 15 of chapter 23J of the General Laws; (ii) $100,000,000 to the Electric Vehicle Adoption Incentive Trust Fund established in section 19 of chapter 25A of the General Laws; and (iii) $50,000,000 to the Charging Infrastructure Deployment Fund established in section 46.

SECTION 68. Notwithstanding any general or special law to the contrary, the department of energy resources shall strive to achieve the goal of not less than 10,000 megawatts of offshore wind capacity by not later than 2035, including capacity required by section 83C of chapter 169 of the acts of 2008, section 21 of chapter 227 of the acts 2018 and section 91 of chapter 8 of the acts of 2021, if it finds it is necessary to meet the statewide greenhouse gas emissions limits established in chapter 21N of the General Laws. Not less than 180 days prior to initiating any process of acquiring capacity in addition to that authorized under said section 83C of said chapter 169, the department shall submit to the clerks of the senate and house of representatives a report on the department’s preferred method of soliciting additional offshore wind including, but not limited to, an analysis of solicitation methods, and any modifications, under said section 83C of said chapter 169 and advantages and disadvantages of using or participating in regional or multi-state competitive market mechanisms or structures to facilitate the development of clean energy generation resources.

SECTION 69.  (a) For the purposes of this section, an “independent retirement system” shall mean any 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 Boston retirement system in so far as the assets attributable to teachers who are members of that system, and “fossil fuel company” shall mean a company identified by a Global Industry Classification Standard code in any of the following sectors: (i) coal and consumable fuels; (ii) integrated oil and gas; or (iii) oil and gas exploration and production.

(b) Notwithstanding any general or special law to the contrary, an 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 assets 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.

(c) Notwithstanding any general or special law to the contrary, with respect to actions taken in compliance with this section, 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 section.

SECTION 70. The executive office of energy and environmental affairs shall study and report on the sustainability of the commonwealth’s energy portfolio in relation to achieving the greenhouse gas emission limits established in section 3 of chapter 21N of the General Laws. The study shall examine: (i) energy supply and demand; (ii) consumer affordability; and (iii) environmental impacts including, but not limited to, the environmental impacts of electricity generation, recent and ongoing electricity load and demand reports and the ability for portfolio standards to meet future energy demands. The executive office shall file its report with the clerks of the senate and house of representatives and the joint committee on telecommunications, utilities and energy not later than December 31, 2023.

SECTION 71. Not later than 6 months after the effective date of this section, the executive office of transportation and public works, in consultation with the regional transit authorities, shall develop and issue recommendations for a comprehensive program of incentives for the authorities to develop and maintain buses and other vehicles that produce zero emissions. The recommendations shall be submitted to the clerks of the senate and house of representatives.

SECTION 72. The Massachusetts clean energy technology center shall develop a guide and website to provide information about the costs and availability of electric vehicles and shall develop an annual projection of the availability of such vehicles in the next year.  The  projection shall be posted electronically and filed with the clerks of the senate and house of representatives.

SECTION 73. (a) Notwithstanding any general or special law to the contrary, the department of energy resources shall assess the solar incentive program established in section 11 of chapter 75 of the acts of 2016 to review and make recommendations on whether adjustments to the existing incentives may improve the commonwealth’s ability to achieve its greenhouse gas reduction goals, accelerate the implantation of renewable energy or provide increased benefits to ratepayers.

(b) In its review, the department shall consider whether: (i) incentives should be adjusted in response to changes in the solar power industry including, but not limited to, increased material costs, supply chain disruptions, increased labor costs and interconnection upgrade costs; and (ii) unsubscribed or underutilized incentive blocks exist in the solar incentive program that could be reallocated within the program to mitigate project backlogs, provide increased ratepayer benefits or accelerate the implementation of solar energy . The department shall conduct the review and issue a report on its findings not later than 180 days after the effective date of this act; provided, however, that the department shall update the report annually until the existing solar incentive program is fully replaced by a successor program.

(c) The department shall seek to implement any changes to the solar incentive program recommended as part of the review conducted under this section. The department shall submit drafts of any legislation necessary to implement its recommendations by filing the same with the clerks of the senate and house of representatives.

SECTION 74. For purposes of this section, “zero-emission school bus” shall mean a school bus that produces no engine exhaust carbon emissions.

The department of elementary and secondary education, in consultation with the department of energy resources, shall prepare a report that analyzes: (i) the number of fossil fuel-powered school buses in use in the commonwealth, delineated by school district; (ii) the number of zero-emission school buses in use in the commonwealth, delineated by school district; (iii) the annual cost of operation for fossil fuel-powered school buses including, but not limited to, the cost of the purchase or contracted use of a fossil fuel-powered bus and the purchase of fossil fuels; (iv) the annual cost of operation for zero-emission school buses including, but not limited to, the cost of the purchase or contracted use of a zero-emission bus and the cost of the purchase or contracted use of charging stations and related charging infrastructure; (v) the projected cost differential between the sale or contracted use of fossil fuel-powered and zero-emission school buses; (vi) the estimated cost to replace fossil fuel-powered school buses with zero-emission school buses; (vii) the estimated environmental benefits of replacing fossil fuel-powered school buses with zero-emission school buses including, but not limited to, carbon reductions and related health benefits; (viii) the number of school districts that own their school bus fleets and the number of school districts that rent, lease or contract for school bus services; (ix) recommendations on how to structure a state incentive program to replace or support the replacement of all school buses from fossil fuel powered-school buses to zero-emission school buses; and (x) additional information relevant to informing a statewide plan to replace or support the conversion of all school buses from fossil fuel-powered school buses to zero-emission school buses. The department shall file the report with the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on education, the joint committee on telecommunications, utilities and energy and the joint committee on transportation not later than December 15, 2022.

SECTION 75. Notwithstanding any special or general law to the contrary, the Massachusetts Department of Transportation shall provide each regional transit authority established under chapter 161B of the General Laws with assistance to create an electric bus rollout plan that includes: (i) a goal to transition to zero-emission buses; provided, however, that the goal shall not require an internal combustion engine bus to be unnecessarily retired before the end of its useful life; (ii) identification of the types of zero-emission bus technologies a regional transit agency may deploy; (iii) a schedule for construction of facilities and related infrastructure modifications or upgrades required to deploy and maintain a zero-emission bus fleet including, but not limited to, charging, fueling and maintenance facilities; provided, however, that the schedule shall identify potential sites for each facility; (iv) a schedule for zero-emission and conventional internal combustion engine bus purchases and lease options identifying: (A) the bus and fuel type; (B) the number of zero-emission buses being purchased; and (C) the number of internal combustion engine buses being retired; (v) prioritization of the deployment of zero-emission busses on routes in underserved communities and communities with a high percentage of low-income households; (vi) a training plan for zero-emission bus operators and maintenance and repair staff; and (vii) the identification of potential funding sources.

SECTION 76. The department of environmental protection, in consultation with the executive office of energy and environmental affairs and bureau of environmental health, shall convene a technical advisory committee that shall consist of not less than 9 individuals, at least 1 of whom shall represent residents of communities disproportionately impacted by air pollution living adjacent to a major highway, at least 1 of whom shall represent academics with expertise in air monitoring, environmental health, air toxics and air pollution and at least 1 of whom shall represent organized labor. The committee shall: (i) identify communities with high cumulative exposure burdens for toxic air contaminants and criteria pollutants, including “ultrafine particles” as defined by the Environmental Protection Agency; (ii) identify the likely air pollution hotspots and corridors due to high concentrations of traffic-related air pollution throughout the commonwealth that should be equipped with new or expanded air monitors; and (iii) establish definitions for “air quality” and “air quality target pollutants” that shall include, but not be limited to, consideration of criteria pollutants, black carbon and ultrafine particulate matter.

Not later than June 30, 2023, the department of environmental protection shall install and operate air monitors in not less than 8 air pollution hotspots or corridors that measure at least 1 of each of the following pollutants: (i) black carbon; (ii) nitrogen oxides; and (iii) ultrafine particulate matter. Not later than December 31, 2023, the department of environmental protection shall establish baseline air quality in air pollution hotspots and corridors. Data from the air monitors shall be publicly accessible and provide near-time information. The department of environmental protection shall work with residents from disproportionately impacted communities to conduct participatory action research where residents can use mobile air sensors to expand the number of locations where residents can track air quality.

The department shall convene the technical advisory committee by December 1, 2022.

The department of environmental protection shall file a report of the technical advisory committee’s findings, including the baseline air quality levels and recommendations to reduce air pollution in those identified locations by 50 per cent below the baseline by December 31, 2030, with the clerks of the senate and house of representatives, the joint committee on public health and the joint committee on environment, energy and natural resources not later than June 30, 2024.

SECTION 77. Notwithstanding any general or special law to the contrary, there shall be a commercial fisheries commission to develop and recommend strategies, methods and tools to promote the sustainability of the commonwealth's commercial fishing industry including, but not limited to, harvesting, processing and production and sales and distribution. The commission shall address subjects including the responsible development of offshore energy projects, mitigation and support strategies to ensure the long-term sustainability of fisheries in the commonwealth, the creation of a comprehensive infrastructure to enable effective dialogue between fishing industry stakeholders and those involved in the development of marine-based energy generation and transmission projects including, but not limited to, the offshore generation and transmission.  The commission shall consist of: the director of marine fisheries, who shall serve as chair; the secretary of energy and environmental affairs or the secretary’s designee; and 14 members appointed by the governor, 1 of whom shall be from the Massachusetts Seafood Collaborative from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Massachusetts Fishing Partnership from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Stellwagen Bank Charter Boat Association from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Responsible Offshore Development Alliance from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Fisheries Survival Fund from a list of 3 nominees submitted by its board of directors, 1  of whom shall be from the Northeast Seafood Coalition from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Gloucester Fishermen's Wives from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Massachusetts Lobstermen's Association from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Gloucester Fishing Community Preservation Fund from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Cape Cod Commercial Fishermen's Alliance from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Center for Sustainable Fisheries, Inc from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the Gloucester Fisheries Commission from a list of 3 nominees submitted by its board of directors, 1 of whom shall be from the School for Marine Science and Technology at the University of Massachusetts Dartmouth,  1 of whom shall be from the Harbor Development Commission doing business as the New Bedford Port Authority from a list of 3 nominees submitted by the commissioners.

The commission shall meet not less than 4 times each year and shall produce a report annually that shall be published electronically by the executive office of energy and environmental affairs. The executive office shall provide administrative support for the operations of the commission and file its report with the clerks of the senate and house of representatives. This section shall expire 5 years after the effective date of this act.             

SECTION 78.  The division established in section 23 of chapter 25 of the General Laws shall promulgate the regulations pursuant to section 12 of chapter 159A½ of the General Laws not later than January 1, 2023 and shall implement the vehicle electrification and greenhouse gas emissions requirements for transportation network companies pursuant to said section12 of said chapter 159A½ not later than January 1, 2024.

SECTION 79. The state board of building regulations and standards shall amend the state building and electrical codes pursuant to clauses (s) and (t) of section 94 of chapter 143 of the General Laws not later than January 1, 2024.

SECTION 80.  The point-of-sale rebate model for electric vehicle sales required by subsection (b) of section 19 of chapter 25A of the General Laws shall be established not later than on October 1, 2022.

SECTION 81. Section 15 shall take effect upon its passage and shall apply to energy efficiency plans beginning with the 2025 to 2027 plan.

SECTION 82.  Sections 22 to 30, inclusive, shall take effect upon their passage and shall not apply to any biomass facility qualified by the department of energy resources as a renewable energy generating source pursuant to section 11F of chapter 25A of the General Laws or as an alternative energy generating source pursuant to section 11F ½ of said chapter 25A as of January 1, 2022.

SECTION 83. Section 20 of chapter 25A of the General Laws, inserted by section 34, shall take effect on January 1, 2024.

SECTION 84.  Section 37 shall take effect upon the secretary of energy and environmental affairs’ certification in writing to the state secretary that a similar requirement regarding the sale of zero-emission vehicles has taken effect in the state of California; provided, however, that said section 37 shall not take effect prior to January 1, 2035 unless otherwise authorized by section 142k of chapter 111 of the General Laws.