Consolidated Amendment "B" to H5151
Consolidated Amendment B
Fiscal Note: $0
Amendments: 1, 4, 5, 8, 9, 10, 11, 14, 19, 21, 22, 23, 25, 28, 29, 31, 33, 35, 38, 39, 45, 47, 48, 49, 50, 51, 52, 54, 61, 62, 64, 65, 66, 69, 73, 76, 77, 85, 87, 96, 107, 108, 117, 120, 122, 126
Mr. Michlewitz of Boston and others move to amend H.5151 by inserting after section 10 the following 3 sections:-
SECTION 10A. Section 14 of said chapter 25A, as appearing in the 2024 Official Edition, is hereby amended by inserting after the word “subcontractors”, in lines 4 and 5, the following words:- , contractors certified by the division of capital asset management and maintenance.
SECTION 10B. Said section 14 of said chapter 25A, as so appearing, is hereby further amended by inserting after the word “project”, in line 21, the following words:- , applicable to a discrete building or property.
SECTION 10C. Said section 14 of said chapter 25A, as so appearing, is hereby further amended by inserting after the word “subcontractors”, in line 37, the following words:- , contractors certified by the division of capital asset management and maintenance.
And further amend the bill by inserting after section 13 the following 2 sections:-
SECTION 13A. Section 4A of chapter 40 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 8 and 9, the words “and in a district by the prudential committee” and inserting in place thereof the following words:- , in a district by the prudential committee and in a municipal light plant by the board or commission.
SECTION 13B. Said section 4A of said chapter 40, as so appearing, is hereby further amended by inserting after the word “county”, in line 28, the following words:- , a municipal light plant established under chapter 164 or by special law.
And further amend the bill in section 14, as amended by Consolidated Amendment A, by striking out the words “Chapter 40 of the General Laws is hereby” and inserting in place thereof the following words:- Said chapter 40 is hereby further.
And further amend the bill in section 16 by inserting after the figure “27D”, in line 516, the following words:- ; provided, however, that “construction” shall include the excavation, construction, reconstruction, installation, demolition, maintenance, alteration or repair of a thermal energy network and any construction required to satisfy a thermal network operator’s or owner’s obligations to the owner of property under which the thermal network is built.
And further amend the bill by inserting after section 28 the following section:-
SECTION 28A. Section 47B of said chapter 164, as so appearing, is hereby amended by adding the following 2 paragraphs:-
Any municipality acting by and through its municipal light board may provide services and assistance to any municipal or state utility, tribal utility as defined in 25 CFR § 169.2, or any other publicly-owned or operated utility, whether located inside or outside of the commonwealth, and governmental units as defined in section 4A of chapter 40, to construct, install, alter, operate, maintain or repair utility poles and conduit, wires, cables, equipment, streetlights and traffic signals to the same extent such municipality acting by and through its municipal light board may provide such services within its service territory. Any such municipality acting by and through its municipal light board may sell, rent or lease merchandise, equipment, fixtures, utensils and chattels of any description related to the provision of such services. Any employee providing such services entered into between the municipality acting by and through its municipal light board and such other public entity shall be subject to sections 1 to 28, inclusive, of chapter 32, and shall have the same rights and privileges thereunder, as if performing the same duties within the scope of his employment including voluntary assignments.
And further amend the bill by inserting after section 41 the following 2 sections:-
SECTION 41A. Section 133 of said chapter 164, as appearing in the 2024 Official Edition, is hereby amended in the definition of “Emergency mutual aid” by inserting after the first sentence the following 2 sentences:- Any municipal lighting plant providing emergency mutual aid may sell, rent or lease equipment, fixtures and goods of any description related to the provision of emergency mutual aid. Any employee of a municipal lighting plant providing emergency mutual aid shall be covered by sections 1 to 28, inclusive, of chapter 32 and shall have the same rights and privileges thereunder, as if performing such duties within the scope of their employment, including voluntary assignments authorized by the employer.
SECTION 41B. Said section 133 of said chapter 164, as so appearing, is hereby further amended by inserting after the word “utility”, in line 27, the following words:- or its employees.
And further amend the bill in section 54, by striking out lines 1942 to 1944, inclusive, and inserting in place thereof the following words:- (iv) not require an interconnection application or interconnection agreement for bidirectional electric vehicles and associated electric vehicle supply equipment that are not configured to operate in parallel with the grid; and
And further amend the bill by inserting after section 68 the following 4 sections:-
SECTION 68A. (a) Notwithstanding any special or general law to the contrary, any bid submitted under section 83C of chapter 169 of the acts of 2008 in connection with the August 30, 2023 request for proposals may be adjusted to account for changes in law occurring after the bid submission, or changes in costs for the project that are beyond the reasonable control of the bid awardee and occurring after the bid submission. The 83C bid evaluation team shall require the developer to provide documentation supporting any proposed price adjustments, including, but not limited to, documentation identifying how the assumptions pertaining to capital costs, financing costs, inflation rates, tax benefits, energy production profiles and similar information changed since the submission of the bid. The price adjustments shall be reviewed by the department of public utilities as part of the overall review pursuant to subsection (k) of said section 83C of said chapter 169.
(b)(1) Contracts entered into as a result of a bid submitted under section 83C of chapter 169 of the acts of 2008 in connection with the August 30, 2023 request for proposals shall include a mechanism to allow for the upward or downward adjustment to the contract price to account for changes in law occurring after the contract signing, or changes in costs for the project that are the beyond the control of the bid awardee occurring after the contract signing, and in each case occurring prior to the time the project achieves its commercial operation date. Any adjustment in price under this section that occurs after the department of public utilities’ initial approval of the contract shall be filed and approved for recovery in rates by the electric distribution companies.
(2) The contract shall also allow for the project developer to request a delay of milestones, such as the commercial operation date, or terminate the contract without penalty if there are interconnection, transmission, or permitting delays, or if changes in law or changes in costs, beyond the control of the project developer, cause the project not to be financeable or otherwise viable.
(c) The department of public utilities shall require the developer or the electric distribution companies to provide documentation supporting any proposed price adjustments, including, but not limited to, documentation identifying how the assumptions pertaining to capital costs, financing costs, inflation rates, tax benefits, energy production profiles and similar information have changed since the contract award. Upon receipt of a filing for an adjustment from the developer or the electric distribution companies under this subsection, the department of public utilities shall allow for a notice and comment period of not more than 30 days from the date of the filing and shall issue a decision not later than 60 days from the filing.
SECTION 68B. Notwithstanding any general or special law to the contrary, the department of public utilities shall conduct a study on the feasibility of establishing a municipal light plant in the city of Fitchburg and the town of Lunenburg. The study shall include, but shall not be limited to: (i) anticipated costs, benefits and operational effectiveness associated with the acquisition of electric distribution assets; (ii) projected financial performance and feasibility over a period of not less than 30 years; and (iii) examining the feasibility, costs and benefits of implementing municipal lighting plants in Fitchburg and Lunenburg and the possible benefits of doing so in concert with an existing or newly created municipal light plant or independent municipal light plant entities. Not later than January 1, 2027, the secretary of the department of public utilities shall report the findings of the study and any actions taken pursuant to this section to the joint committee on telecommunications, utilities and energy and the house and senate committees on ways and means.
SECTION 68C. (a) There shall be established a commission on solar rooftop energy on new buildings. The commission shall review policies and procedures related to solar energy systems, battery storage systems and building construction pursuant to the base energy code, stretch energy code and specialized stretch energy code established under section 6 of chapter 25A of the General Laws and sections 93 to 100, inclusive, of chapter 143 of the General Laws.
(b) The commission shall consist of the following 11 members: the commissioner of energy resources, or a designee, and the following members to be appointed by the secretary of energy and environmental affairs: a representative of the commercial real estate sector; a representative of the residential real estate sector; a representative of the organized labor industry; a representative of the solar energy industry; a representative of an environmental group concerned with energy; a representative of the construction industry; a representative of an electric utility or organization representing electric utilities; a representative of local government; a person with expertise in energy siting; and a person with expertise in solar energy and energy efficiency.
(c) The commission shall submit a report on the requirement of solar energy system installations systems on new buildings. The report shall include, but shall not be limited to: (i) the feasibility of allowing the installation of a rooftop solar energy system in new buildings; (ii) the feasibility of an energy storage system in conjunction with solar energy systems; (iii) how the department of public utilities may provide services to advance the commonwealth’s goals under chapter 298 of the acts of 2008 and the statewide greenhouse gas emissions limits under chapter 21N of the General Laws; and (iv) recommendations, including, but not limited to, policy or legislative changes, related to solar energy system installations and battery storage systems on new buildings.
(d) Not later than January 1, 2028, the commission shall submit its report and recommendations, together with drafts of any legislation necessary to carry its recommendations into effect, by filing the report with the clerks of the house of representatives and the senate and the chairs of the joint committee on telecommunications, utilities and energy.
SECTION 68D. The department of energy resources, in consultation with the department of environmental protection, shall conduct a review and analysis of the renewable energy portfolio standard program in the commonwealth. The review shall consider the effectiveness of the program to date and identify ways to make improvements to further facilitate the development of affordable renewable energy in the commonwealth. Not later than 12 months after the effective date of this act, the department of energy resources, in consultation with the department of environmental protection, shall submit a report summarizing these findings and recommendations to the joint committee on telecommunications, utilities and energy and the clerks of the house of representatives and the senate.