Amendment ID: S2545-43-R2

2nd Redraft Amendment 43

Ensuring fair access to solar

Ms. Chang-Diaz, Messrs. Eldridge, Lewis, Welch, Brady and Rush, Ms. L'Italien, Ms. Friedman, Ms. Jehlen, Messrs. Collins, DiDomenico, Lesser, Boncore and Cyr move that the proposed new draft be amended by inserting after section 14 the following sections:

"SECTION XX. Section 3 of chapter 25A is hereby amended by inserting after the definition of “wholesaler” the following definitions:-

"Environmental justice", the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment regardless of race, income, national origin or English language proficiency. Environmental justice shall include the equal protection and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies and the equitable distribution of environmental benefits.

"Environmental justice population", a neighborhood or a population (1)(i) determined by the executive office of energy and environmental affairs or its subordinate agencies to have experienced a disproportionate environmental impact since Jan, 1, 1998, or to have otherwise been denied its enjoyment of environmental justice; (ii) in which the annual median household income is equal to or less than 110 per cent of the statewide median; or (iii) in which minorities comprise 25 per cent or more of the population; or (2) identified by the executive office of energy and environmental affairs, or its subordinate agencies in an environmental justice strategy issued pursuant to this act; provided that the definition shall meet at least 1 of the requirements of clauses (i) through (iii) of paragraph (1) of this definition.

"Environmental justice household", households within environmental justice populations.

"Low-income households", low-income households as defined under section 1 of chapter 40T.

SECTION XX.   Chapter 25A of the General Laws is hereby amended by inserting after section 11I the following section:-

Section 11J. (a) When creating, pursuant to general law, session law, or other authority, any solar incentive program, including but not limited to, the solar incentive program created pursuant to chapter 75 of the Acts of 2016, the department of energy resources shall design a program whose economic and environmental benefits are equitably shared by low-income households, environmental justice populations, and other communities facing barriers to accessing the program. Nothing in this section shall delay the commencement of the program or the implementation prior to the first program review. The department may, at its discretion, dedicate part of the program to resolving other barriers to access if such barriers are identified. The department shall also specify in program design its plans to reach communities whose primary language is not English.

(b) In designing and modifying the program pursuant to subsection (a), the department of energy resources shall consider (i) the proportion of benefits received by low-income households, environmental justice households, and other communities with barriers to access compared to benefits received by other communities under the solar incentive program, and (ii) the distribution of benefits received pursuant to other requirements and set-asides in any solar incentive program, including set-asides for solar units less than or equal to 25 kW. In determining the minimum portion, the department shall hold at least three public hearings in environmental justice communities or other communities with barriers to access."