Bill S.2097

SENATE DOCKET, NO. 560 FILED ON: 1/17/2023

SENATE . . . . . . . . . . . . . . No. 2097

By Ms. Creem, a petition (accompanied by bill, Senate, No. 2097) of Cynthia Stone Creem for legislation to promote resilience against the heat-related impacts of climate change. Telecommunications, Utilities and Energy.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act promoting resilience against the heat-related impacts of climate change.

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

SECTION 1. Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after section 24B the following new section:-

Section 24C.

(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Department”, the department of housing and community development.

“ENERGY STAR”, the federal government program that sets energy efficiency standards for appliances including air-conditioning units.

“Program”, the low-income cooling assistance program established in this section.

“Vulnerable person”, an individual who (i) is over the age of 65; (ii) is under the age of five; or (iii) has a medical condition that increases the individual’s risk of heat-related illness including, but not limited to, cardiovascular disease, obesity, and diabetes.

(b) The undersecretary shall operate a low-income cooling assistance program in accordance with the Low-Income Home Energy Assistance Act, 42 United States Code sections 8621 through 8630, to cover the cost of an eligible household purchasing and installing an air-conditioning unit or box fan. To be eligible for the program, a household shall meet the following conditions: (i) household income does not exceed 60 percent of state median income; (ii) one or more vulnerable persons is part of the household; (iii) no operable air-conditioner is owned or available to the household; and (iv) the applicant is the homeowner or the applicant provides a written statement from the landlord allowing the installation of a window air-conditioning unit; provided, that no such written statement shall be required for a box fan.

(c) The undersecretary shall administer the program in partnership with councils on aging, community action agencies, federally qualified health centers, community development corporations, local housing authorities, and other agencies and service providers who assist the department in administering the Low-Income Home Energy Assistance Program.

(d) The air-conditioning units provided by the program shall be ENERGY STAR-certified or have efficiency standards equal to or greater than ENERGY STAR-certified air-conditioning units. The undersecretary shall coordinate with the administrators of the Mass Save energy efficiency program established pursuant to section 21 of chapter 25 to ensure that program participants receive Mass Save rebates for their air-conditioning units, when eligible.

(e) The assistance provided to a household for the purchase and installation of a box fan shall not exceed a maximum benefit of $75, and the assistance provided to a household for the purchase and installation of an air-conditioning unit shall not exceed a maximum benefit of $500; provided, that the department shall review these maximum benefits every year and may increase them if it determines that doing so is necessary to cover the costs of purchasing and installing a box fan or an air-conditioning unit that meets the requirements of subsection (c).

(f) If a household has previously received an air-conditioning unit or box fan through the program, the household is only eligible to receive another air-conditioning unit or box fan through the program if: (i) the air-conditioning unit or box fan previously received through the program is inoperable and the unit had no warranty or the warranty is expired; or (ii) the air-conditioning unit or box fan previously received through the program was stolen and the household can provide a copy of a filed police report of the theft. A household that has been found to have sold or attempted to sell an air-conditioning unit or box fan provided through the program shall be ineligible to receive further assistance through the program.

(g) Each fiscal year, the department shall dedicate at least 5 percent of the funds allocated for the purposes of the Low Income Home Energy Assistance Program to the program established in this section.

(h) The undersecretary shall submit an annual report to the joint committee on housing and the house and senate committees on ways and means summarizing the activities of the program, including, but not limited to, the number of applicants for the program, the number of accepted applications, a list of participating retailers, a list of entities that assist the department in administering the program, the total number of air-conditioning units and box fans distributed under the program, and the costs of the program.

(i) The undersecretary shall advertise the program on the department’s website and shall annually promote awareness of the program by sending a letter describing the program to current households participating in the Low-Income Home Energy Assistance Program and by collaborating with the agencies and service providers who assist the department in administering the Low-Income Home Energy Assistance Program.

(j) The department may promulgate regulations for the administration and enforcement of this section.

SECTION 2. Section 124F of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “building” the following:

“. No gas or electric company shall shut off gas or electric utility service to any residential customer who cannot pay an overdue charge because of financial hardship, when such gas or electric service is used to provide space cooling or to control or operate the space cooling equipment of the customer's unit or building, on: (1) any day when the National Weather Service forecast for the following 48 hours covering the area of the gas or electric company in which the residence is located includes a forecast that the heat index will be 95 degrees Fahrenheit or above; or (2) on any day preceding a holiday or weekend when the National Weather Service forecast covering the area of the gas or electric company in which the residence is located includes a forecast that the heat index will be 95 degrees Fahrenheit or above at any time during the holiday or weekend”

SECTION 3. The department of public health, in consultation with the department of housing and community development, shall conduct a study of whether and how to amend the state sanitary code promulgated pursuant to section 127A of chapter 111 to incorporate maximum temperature requirements for habitable rooms and rooms containing a toilet, shower or bathtub. The study shall consider the costs and benefits of such an amendment, including the effect it would have on public health, environmental justice, housing affordability, and resilience against the current and future impacts of climate change. By no later than December 31, 2024, the department of public health shall submit a report containing its findings and recommendations to the clerks of the senate and the house of representatives, the chairs of the joint committee on public health, and the chairs of the joint committee on housing.

Name:	District/Address:
Cynthia Stone Creem	Norfolk and Middlesex
Marc R. Pacheco	Third Bristol and Plymouth	4/12/2023