Amendment #35 to H4876

Electric utility climate resilience

Mr. Fernandes of Falmouth moves to amend the amendment by adding the following section:

"SECTION X. Chapter 25 of the General Laws is hereby amended by inserting after Section 23 the following section:

Section 24. (a) The department of public utilities shall require electric distribution and transmission companies to prepare and file a climate vulnerability and resilience plan by December 31, 2024, and at least once every 5 years thereafter based on best available data. The department shall levy a penalty not to exceed $2000 per day for failure to file such a plan. Fines levied by the department shall be returned to ratepayers through distribution rates. Climate vulnerability and resilience plans shall include, at a minimum:

a.an evaluation of the climate science and projected sea level rise, extreme temperature, precipitation, humidity and storms, and other climate-related risks for the service territory;

b.an evaluation and risk assessment of potential impacts of climate change on existing operation, planning, and physical assets;

c.identification, prioritization, and cost-benefit analysis of adaptation options to increase asset and system-wide resilience over time;

d.a community engagement plan with targeted engagement for environmental justice populations in the service territory; and

e.an implementation timeline for making changes in line with the findings of the study such as modifying design and construction standards, modifying operations and planning processes, and relocating or upgrading existing infrastructure to ensure reliability and resilience of the grid.

(b) In adjudicating ratemaking proceedings pursuant to sections 76, 93, and 94 of chapter 164, the department of public utilities shall conclude in writing and take into consideration whether the applicant’s costs proposed or incurred for capital investment projects consider and minimize climate risks for the useful life of the proposed investment or 30 years, whichever is greater, and whether proposed costs and actions are consistent with the applicant’s climate vulnerability and resilience plan.

(c) The department of public utilities shall promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of this section."