Chapter 239

AN ACT PROMOTING A CLEAN ENERGY GRID, ADVANCING EQUITY AND PROTECTING RATEPAYERS

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. Section 30 of chapter 7C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 4, the words “the energy consumption of” and inserting in place thereof the following words:- the: (i) energy consumption of; (ii) energy efficiency of; and (iii) greenhouse gas emissions directly attributable to.
SECTION 2. Said section 30 of said chapter 7C, as so appearing, is hereby further amended by striking out, in lines 10 and 11, the words “energy conservation maintenance and operating procedures” and inserting in place thereof the following words:- maintenance and operating procedures for energy conservation, energy efficiency and greenhouse gas emissions reductions.
SECTION 3. Said section 30 of said chapter 7C, as so appearing, is hereby further amended by striking out, in line 13, the words “energy efficiency standards” and inserting in place thereof the following words:- standards for energy efficiency and greenhouse gas emissions reductions.
SECTION 4. Said chapter 7C is hereby further amended by adding the following section:-
Section 73. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Division”, the division of capital asset management and maintenance.
“Environmental product declaration” or “EPD”, an independently verified and registered declaration that provides a life cycle assessment of a product’s global warming potential and facilitates a comparison of environmental impacts between products fulfilling the same function; provided, however, that such declaration shall be a Type III or higher as defined by the International Organization for Standardization (ISO), 14025:2006, or substantially similar life cycle assessment and comparative methodologies that have uniform standards in data collection and scientific integrity, and any pertinent product category rule developed in conformance with ISO 14025:2006.
“Global warming potential”, a numeric value that measures the total contribution to global warming from the emission of greenhouse gasses or the elimination of greenhouse gas sinks.
“Life cycle assessment” or “LCA”, an assessment used to calculate the environmental primary and secondary impacts of a product, service or process over the lifetime of such product, service or process.
“Low-embodied carbon material”, material used in building and transportation construction that has been verified by the division to embody carbon emissions that are sufficiently low, based on a threshold set by the division, as compared to the embodied carbon emissions of a conventional material fulfilling the same function.
(b) There shall be within the division, but not subject to the control of the division, an embodied carbon intergovernmental coordinating council. The council shall consist of: the commissioner of capital asset management and maintenance or a designee, who shall serve as co-chair; the climate chief or equivalent climate official within the office of the governor or a designee, who shall serve as co-chair; the secretary of energy and environmental affairs or a designee; the secretary of transportation or a designee; the secretary of housing and livable communities or a designee; the secretary of administration and finance or a designee; the secretary of economic development or a designee; the chief executive officer of the Massachusetts Port Authority or a designee; the general manager of the Massachusetts Bay Transportation Authority or a designee; the chief executive officer of the Massachusetts clean energy technology center or a designee; the chair of the board of building regulations and standards or a designee; the chairs of the joint committee on telecommunications, utilities and energy or their designees and the house and senate minority leaders or their designees, who shall serve as nonvoting members with respect to any spending matters; and 5 persons who shall be appointed by the governor, 1 of whom shall be a representative of the building trades, 1 of whom shall be a general contractor, 1 of whom shall be a licensed architect with expertise in using low-embodied carbon materials of construction, 1 of whom shall be a structural engineer who shall be a licensed professional engineer with expertise in using low-embodied carbon materials of construction, and 1 of whom shall be the executive director of a regional planning agency. The council shall not be a public body as defined in section 18 of chapter 30A; provided, however, that the council shall hold a public meeting not less than quarterly while the council is developing the plan pursuant to subsection (f).
(c) The council shall prepare an embodied carbon reduction plan, which shall include, but shall not be limited to, strategies to measure, monitor and reduce embodied carbon. The plan shall: (i) with respect to major building and transportation projects of executive offices, departments, divisions, centers, agencies and authorities of state and municipal governments, include, but not be limited to, steps to encourage and, where appropriate, recommend requiring: (a) environmental product declarations for construction materials commonly used in such projects; and (b) the use of low-embodied carbon materials, with particular attention to cement and concrete mixtures, steel, glass, asphalt and asphalt mixtures and wood, in such projects; (ii) review progress in research, development and commercialization of low-embodied carbon technologies and materials in the government, private and nonprofit sectors within and outside of the commonwealth; (iii) make recommendations for establishing a process to set, on or before January 1, 2026, maximum global warming potential values for products likely to be used in such building and transportation projects including, but not limited to, cement and concrete mixtures, steel, glass, asphalt and asphalt mixtures and wood; (iv) develop recommended procedures for the use of: (a) EPDs in state government contracting and procurement; and (b) low-embodied carbon materials in the commonwealth, where available and at reasonable cost, including conditions under which waivers may be obtained; (v) examine current laws, regulations, policies and guidelines that affect the use of EPDs and low-embodied carbon materials in the private and nonprofit sectors and recommend laws, regulations, policies or guidelines to increase the use of EPDs and low-embodied carbon materials; and (vi) consider interactions between embodied carbon and operational carbon to ensure policy recommendations to reduce embodied carbon will also contribute to the reduction of operational carbon. The council shall consider: (i) the best approaches to integrate the reduction of embodied carbon into the state building code, including the stretch and specialized stretch energy code pursuant to section 96 of chapter 143 and the state building code; and (ii) best practices to incentivize and enhance the reuse of building materials and decrease building demolition.
(d) The council shall meet regularly and seek data, input and advice related to EPDs and low-embodied carbon materials from stakeholders, which shall include, but not be limited to, companies, contractors and subcontractors involved in construction, architecture, engineering, design and procurement and organizations and associations of such companies, contractors and subcontractors, academic and nonprofit institutions with relevant missions and activities, labor organizations involved in construction and transportation, organizations focused on environmental, energy and climate policy and perspectives and groups representing consumers, including, but not limited to, low income consumers. The council shall hold not less than 3 public hearings in geographically diverse areas of the commonwealth prior to finalizing the plan.
(e) The division and the executive office of energy and environmental affairs shall provide administrative support to the council.
(f) The council shall update the plan and submit the updated plan and a progress report at least every 2 years to the senate and house committees on ways and means, the joint committee on state administration and regulatory oversight and the joint committee on telecommunications, utilities and energy and shall cause the plan and the report to be publicly available on the website of each cabinet official, executive office, department, division, center, agency and authority represented on the council.
SECTION 5. Chapter 21A of the General Laws is hereby amended by adding the following 3 sections:-
Section 29. There shall be an office of environmental justice and equity within the executive office of energy and environmental affairs, which shall be administered by an undersecretary of environmental justice and equity who shall be appointed and may be removed by the secretary of energy and environmental affairs. The office shall be responsible for implementing environmental justice principles, as defined in section 62 of chapter 30, in the operation of each office and agency under the executive office. The office shall develop standards and guidelines governing the potential use and applicability of: (i) community benefit plans and agreements; and (ii) cumulative impact analyses in developing energy infrastructure with input from representatives of utilities, the renewable energy industry, local government, environmental justice community organizations, environmental sectors and other representatives as deemed appropriate by the office.
Section 30. The executive office of energy and environmental affairs shall establish and periodically update a methodology for determining the suitability of sites for clean energy generation facilities, clean energy storage facilities and clean transmission and distribution infrastructure facilities in newly established public rights of way. The methodology shall include multiple geospatial screening criteria to evaluate sites for: (i) development potential; (ii) climate change resilience; (iii) carbon storage and sequestration; (iv) biodiversity; and (v) social and environmental benefits and burdens. The executive office shall require facility development project proponents to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate siting impacts and environmental and land use concerns. The executive office shall develop and periodically update guidance to inform state, regional and local regulations, ordinances, by-laws and permitting processes on ways to avoid, minimize or mitigate impacts on the environment and people to the greatest extent practicable.
Section 31. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Charger”, a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.
“Charging network provider”, the entity that operates the digital communication network that remotely manages the chargers, which may include charging station operators and manufacturer chargers.
“Charging station”, a charger or group of chargers and the area in the immediate vicinity of such charger or group of chargers, which may include, at the discretion of the regulating entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress and egress; provided, however, that a charging station may comprise only part of the property on which it is located.
“Charging station operator”, an entity that owns or provides the chargers and the supporting equipment and facilities at charging stations and is responsible for the operation and maintenance of the chargers and the supporting equipment and facilities; provided, however, that such operator may delegate responsibility for certain aspects of the charging station operation and maintenance to subcontractors.
“Connector” or “Plug”, a device that attaches an electric vehicle to a charging port to transfer electricity.
“Direct current fast charger”, a charger that enables rapid charging by delivering direct-current, or DC current, electricity directly to an electric vehicle’s battery.
“Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that can be recharged from an external source of electricity and has the capability to run on another fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or other micromobility device.
“Electric vehicle charging services”, the transfer of electric energy from an electric vehicle charging station to a battery or other storage device in an electric vehicle and related billing services, networking and operation and maintenance.
“Electric vehicle supply equipment”, a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that the term “electric vehicle supply equipment” shall also mean a charger.
“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts alternating current and maximum output current of not more than 16 amperes alternating current.
“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts alternating current and maximum output current of not more than 80 amperes alternating current.
“National Electric Vehicle Infrastructure Formula Program”, the federal program established pursuant to the Infrastructure Investment and Jobs Act, Public Law 117-58, pursuant to which the Federal Highway Administration provides funding to the states to facilitate the strategic, nationwide deployment of electric vehicle infrastructure and the related establishment of an interconnected, interstate network that is designed to facilitate data collection, access and reliability in association with the increased use of electric vehicles and electric vehicle infrastructure.
“Public electric vehicle charging station”, an electric vehicle charging station located at a publicly-available parking space.
“Publicly-available parking space”, a parking space that has been designated by a property owner or lessee to be available to and accessible by the public and may include on-street parking spaces and parking spaces in surface lots or parking garages; provided, however, that “publicly-available parking space” shall not include a parking space that is part of or associated with residential real property containing not more than 4 dwelling units or that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, including employees, tenants, visitors, residents of a common interest development and residents of an adjacent building.
“Publicly-funded and available charging station”, a public electric vehicle charging station that has received, or expects to receive, a grant, loan or other incentive from a federal or state government source or by a charge on ratepayers and is located at a publicly available parking space.
(b) The executive office of energy and environmental affairs shall promulgate regulations to: (i) monitor the utilization or frequency of use of chargers and charging stations; (ii) monitor the reliability and availability of chargers and charging stations, including, but not limited to, whether reliability varies by the income of municipalities or neighborhoods or by regions of the commonwealth; and (iii) require, with respect to publicly-funded and available charging stations installed on or after April 1, 2025, charging network providers and charging station operators to share, free of charge, certain data fields, including, but not limited to, data fields providing real-time information about location, availability and price by port, with third-party software developers via application programming interfaces; provided, however, that any such data sharing may be conditioned on measures to protect sensitive or confidential business information. The executive office of energy and environmental affairs may designate any of its agencies to promulgate such regulations.
(c) In promulgating regulations under this section, the executive office or its designated agency may apply different requirements to publicly-funded and available charging stations or other charging stations.
(d) Regulations promulgated under this section may vary by technology type, power levels, number of chargers per site, site ownership and according to whether chargers: (i) are networked; (ii) are public; (iii) are publicly-funded and available charging stations; (iv) are level 1, level 2 or direct current fast chargers; or (v) are all-inclusive mobile solar charging stations. Such regulations may apply to charging stations other than publicly-funded and available charging stations but shall not apply to chargers or charging stations installed at a residential real property containing not more than 4 dwelling units. The executive office or its designated agency may, in its discretion, set such standards as it deems necessary for data formats that comply with electric vehicle charging industry best practices and standards.
(e) With respect to any regulations that may be promulgated pertaining to reliability, the executive office or its designated agency shall develop definitions of “uptime” and “exempted downtime” through a public process and in such a manner to promote, as much as is practicable, consistency with other jurisdictions and the National Electric Vehicle Infrastructure Formula Program requirements; provided, however, that the office or designated agency may: (i) set standards for uptime; (ii) consider which events, if any, may count as exempted downtime; and (iii) take into account the quality and condition of software and hardware.
SECTION 6. Section 1 of chapter 23J of the General Laws, as appearing in the 2022 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; (iv) carbon dioxide removal; (v) embodied carbon reduction; or (vi) 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, fusion energy, nuclear fission or any other renewable, nondepletable 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 11F½ 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) fusion energy; (xiii) hydrogen produced by non-fossil fuel sources and methods; (xiv) carbon capture and sequestration; (xv) carbon dioxide removal; (xvi) energy monitoring; (xvii) green building materials and embodied carbon reduction; (xviii) energy efficiency; (xix) energy-efficient lighting; (xx) gasification and conversion of gas to liquid fuels; (xxi) industrial energy efficiency; (xxii) demand-side management; (xxiii) fuel cells; and (xxiv) nuclear fission; provided, however, that “clean energy research” shall not include advanced and applied research in coal, oil or natural gas.
SECTION 7. Section 2 of said chapter 23J is hereby amended by inserting after the word “ventures”, in line 23, as so appearing, the following words:- , which may include carbon sequestration and the development of other clean energy sources.
SECTION 8. Chapter 25 of the General Laws is hereby amended by striking out section 12N, as so appearing, and inserting in place thereof the following section:-
Section 12N. There is hereby established within the department, and under the general supervision and control of the commission, a facility siting division, which shall be under the charge of a director appointed by the commission. The facility siting division, hereinafter referred to as the division, shall perform such functions as the commission deems necessary for the administration, implementation and enforcement of sections 69G to 69W, inclusive, of chapter 164 imposed upon the department and the energy facilities siting board by said sections.
The division shall maintain a real-time, online, clean energy infrastructure dashboard. The division shall, in cooperation with the executive office of energy and environmental affairs and its affiliated departments and offices, create, maintain and update the dashboard by collecting, facilitating the collection and reporting of comprehensive data and information related to: (i) accelerating the responsible deployment of clean energy infrastructure through siting and permitting reform in a manner consistent with applicable legal requirements, including, but not limited to, the greenhouse gas emissions limits and sublimits set under chapter 21N; (ii) facilitating community input into the siting and permitting of clean energy infrastructure; and (iii) ensuring that the benefits of clean energy deployment are shared equitably among all residents of the commonwealth. The dashboard shall, at a minimum, report for the most recent reporting period and in the aggregate the number of applications filed, decided or pending information, including, but not limited to: (i) the number of applications deemed incomplete and the number of applications constructively approved; (ii) the average duration of application review; and (iii) average staffing levels delineated by job classification. The dashboard shall make use of bar charts, line charts and other visual representations to facilitate public understanding of both recent performance and long-term and cumulative trends and outcomes of clean energy deployment. The division shall convene a stakeholder process to develop and inform the design and content of the dashboard; provided, however, that comprehensive data and information shall be made publicly available in a machine-readable format.
SECTION 9. The first paragraph of section 12Q of said chapter 25, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The department shall credit to the fund: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) a portion of assessments, as determined by the department, collected pursuant to section 18; (iii) a portion of application fees, as determined by the department, collected pursuant to section 69J1/2 of chapter 164; and (iv) income derived from the investment of amounts credited to the fund.
SECTION 10. Said chapter 25 is hereby further amended by inserting after section 12R the following 2 sections:-
Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) a portion of assessments, as determined by the department, collected pursuant to section 18; (iii) a portion of application fees, as determined by the department, collected pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iv) any non-ratepayer funded sources obtained through gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government or any individual, foundation, corporation, association or public authority; and (v) income derived from the investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust and shall be expended solely, without further appropriation, for the purposes set forth in section 149 of chapter 164, consistent with the requirements set forth in said section 149 of said chapter 164 and any regulations promulgated thereunder. Any unexpended balance in the fund at the close of a fiscal year shall remain in the fund and shall not revert and shall be available for expenditure in subsequent fiscal years.
Section 12T. There shall be a division of public participation within the department and under the general supervision and control of the commission, which shall be under the charge of a director appointed by the commission. The division of public participation, hereinafter referred to as the division, shall perform such functions as the commission may determine and shall be responsible for assisting individuals, local governments, community organizations and other entities before the department or the energy facilities siting board. With respect to matters before the department, the division shall assist such parties with navigating filing requirements, opportunities to provide comment and intervene and facilitating dialogue among parties to proceedings. With respect to siting and permitting matters under the jurisdiction of the energy facilities siting board, the division shall assist individuals, local governments, community organizations, project applicants and other entities with navigating pre-filing consultation and engagement requirements, clarifying filing requirements, identifying opportunities to intervene and facilitating dialogue among stakeholders involved in the permitting process and shall assist with coordinating with other state, regional and local officials, including the office of environmental justice and equity established by section 29 of chapter 21A, involved in the prefiling consultation process, pre-filing engagement process and the permitting process generally. The director and staff of the division shall not participate as adjudicatory staff, nor have any input or communication with adjudicatory or decisional staff, in matters before the department or in reviewing applications submitted to the energy facilities siting board, nor shall they serve as legal counsel to or otherwise represent any party before the department or the energy facilities siting board. The director shall be responsible for making final determinations with respect to intervenor funding support requests made pursuant to section 149 of chapter 164 and administering all aspects of the intervenor support grant program established pursuant to said section 149 of said chapter 164. The department, in consultation with the energy facilities siting board, shall promulgate regulations to implement this section, including for the function and participation of the division of public participation and ex parte prohibitions, as appropriate.
SECTION 11. Section 18 of said chapter 25, as appearing in the 2022 Official Edition, is hereby amended by inserting after the third paragraph the following 2 paragraphs:-
The commission may make an assessment against each electric company under the jurisdictional control of the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each such company derived from sales within the commonwealth of electric service, as shown in the annual report of each such company to the department. The assessments shall be made at a rate of not more than 0.1 per cent of such intrastate operating revenues, as shall be determined and certified annually by the commission as sufficient to reimburse the commonwealth for: (i) funds appropriated by the general court for the operation and general administration of the energy facilities siting board, exclusive of the cost of fringe benefits established by the comptroller pursuant to section 5D of chapter 29, including group life and health insurance, retirement benefits, paid vacations, holidays and sick leave; and (ii) funds for a clean energy infrastructure dashboard, as required to be maintained by the facility siting division pursuant to section 12N. The funds may be used by the energy facilities siting board to compensate consultants in hearings on petitions filed by companies subject to assessment under this section. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it not later than 30 days after the date of the notice of assessment from the department. The department shall collect such assessments and credit a portion of said assessments to the Department of Public Utilities Energy Facilities Siting Board Trust Fund established under section 12Q and the Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund established under section 12S. Any funds unexpended in any fiscal year for the purposes for which such assessments were made shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount.
For the purpose of providing the department with funds to be used to provide support to intervenors in the department or energy facilities siting board proceedings consistent with section 149 of chapter 164, the commission may make a separate assessment proportionally against each electric and gas company under the jurisdictional control of the department, based upon the intrastate operating revenues subject to the jurisdiction of the department of each of such companies derived from sales within the commonwealth of electric and gas service, as shown in the annual report of each of such companies to the department. Such assessments shall be made at a rate as shall be determined and certified annually by the commission as sufficient to produce an annual amount of not more than $3,500,000. The amount of the assessment may be increased by the commission annually by a rate not to exceed the most recent annual consumer price index as calculated for the northeast region for all urban consumers. Assessments made under this section may be credited to the normal operating cost of each company. Each company shall pay the amount assessed against it not later than 30 days after the date of the notice of assessment from the department. Such assessments shall be collected by the department and credited to the Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund established by section 12S. Funds unexpended in any fiscal year and remaining in the fund shall be credited against the assessment to be made in the following fiscal year and the assessment in the following fiscal year shall be reduced by any such unexpended amount.
SECTION 12. Section 22 of said chapter 25 is hereby amended by striking out, in line 6, as so appearing, the words “the manufacturing industry” and inserting in place thereof the following words:- low and moderate income interests.
SECTION 13. Said section 22 of said chapter 25 is hereby further amended by inserting after the word “labor”, in line 7, as so appearing, the following words:- , as recommended by the president of the Massachusetts AFL-CIO.
SECTION 14. Said section 22 of said chapter 25 is hereby further amended by striking out, in lines 11 and 12, as so appearing, the words “employing fewer than 10 persons”.
SECTION 15. Said section 22 of said chapter 25 is hereby further amended by striking out, in lines 24 and 25, as so appearing, the words “energy efficiency businesses” and inserting in place thereof the following words:- the Massachusetts clean energy center established pursuant to section 2 of chapter 23J.
SECTION 16. Said section 22 of said chapter 25 is hereby further amended by striking out subsection (b), as so appearing, and inserting in place thereof the following subsection:-
(b) The council shall, as part of the approval process by the department, seek to: (i) maximize net economic benefits through energy efficiency, demand management and beneficial electrification resources; and (ii) achieve energy, capacity, climate and environmental goals through a sustained and integrated statewide energy efficiency and decarbonization effort.
The council shall: (i) review and approve plans and budgets; (ii) work with program administrators in preparing energy resource assessments; (iii) determine the economic, system reliability, climate and air quality benefits of energy efficiency, demand management and beneficial electrification resources; (iv) conduct and recommend relevant research; and (v) recommend long-term energy efficiency, demand management and beneficial electrification goals consistent with meeting greenhouse gas emissions limits and sublimits imposed by law or regulation and with mitigating ratepayer impacts. Approval of energy efficiency, demand management and beneficial electrification plans and budgets shall require a 2/3 vote. The council shall, as part of its review of plans, examine opportunities to offer joint programs; provided, however, that any costs for such joint programs shall be allocated equitably among the efficiency programs.
SECTION 17. Section 2 of chapter 25A of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
There shall be within the department 4 divisions: (i) a division of energy efficiency, which shall work with the department of public utilities regarding energy efficiency programs; (ii) a division of renewable and alternative energy development, which shall oversee and coordinate activities that seek to maximize the installation of renewable and alternative energy generating sources that will provide benefits to ratepayers, advance the production and use of biofuels and other alternative fuels as the division may define by regulation and administer the renewable portfolio standard and the alternative portfolio standard; (iii) a division of green communities, which shall serve as the principal point of contact for local governments and other governmental bodies concerning all matters under the jurisdiction of the department of energy resources, with the exception of matters involving the siting and permitting of small clean energy infrastructure facilities; and (iv) a division of clean energy siting and permitting, which shall establish standard conditions, criteria and requirements for the siting and permitting of small clean energy infrastructure facilities by local governments and provide technical support and assistance to local governments, small clean energy infrastructure facility project proponents and other stakeholders impacted by the siting and permitting of small clean energy infrastructure facilities at the local government level. Each division shall be headed by a director appointed by the commissioner and who shall be a person of skill and experience in the field of energy efficiency, renewable energy or alternative energy, energy regulation or policy and land use and planning, respectively. The directors shall be the executive and administrative heads of their respective divisions and shall be responsible for administering and enforcing the law relative to their division and to each administrative unit thereof under the supervision, direction and control of the commissioner. The directors shall serve at the pleasure of the commissioner, shall receive such salary as may be determined by law and shall devote full time during regular business hours to the duties of the office. In the case of an absence or vacancy in the office of a director, or in the case of disability as determined by the commissioner, the commissioner may designate an acting director to serve as director until the vacancy is filled or the absence or disability ceases. The acting director shall have all the powers and duties of the director and shall have similar qualifications as the director.
SECTION 18. Section 6 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 56, the word “and”.
SECTION 19. Said section 6 of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 63, the words “chapter 21N” and inserting in place thereof the following words:- chapter 21N; and
(15) develop and promulgate, regulations, criteria, guidelines and standard conditions, criteria and requirements that establish parameters for the siting, zoning, review and permitting of small clean energy infrastructure facilities by local government pursuant to section 21.
SECTION 20. Section 11F of said chapter 25A, as so appearing, is hereby amended by striking out, in lines 44 and 45 and line 84, the words “or (9) geothermal energy”, each time they appear, and inserting in place thereof, in each instance, the following words:- (9) geothermal energy; or (10) fusion energy.
SECTION 21. Said section 11F of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 116, the words “or (10) geothermal energy” and inserting in place thereof the following words:- (10) geothermal energy; or (11) fusion energy.
SECTION 22. Section 11F1/2 of said chapter 25A, as so appearing, is hereby amended by striking out, in line 18, the words “naturally occurring”.
SECTION 23. Said chapter 25A is hereby further amended by adding the following section:-
Section 21. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas produced by the accelerated biodegradation of organic materials under controlled anaerobic conditions; and (ii) has been determined by the department, in coordination with the department of environmental protection, to qualify under department of energy resources regulations as a Class I renewable energy generating source under section 11F.
“Local government”, a municipality or regional agency, including, but not limited to, the Cape Cod commission, established by chapter 716 of the acts of 1989, and the Martha’s Vineyard Commission, established by chapter 831 of the acts of 1977, that has permitting authority over small clean energy infrastructure facilities.
“Small clean energy generation facility”, energy generation infrastructure with a nameplate capacity of less than 25 megawatts that is an anaerobic digestion facility, solar facility or wind facility, including any ancillary structure that is an integral part of the operation of the small clean energy generation facility or, following a rulemaking by the department in consultation with the energy facilities siting board in which the facility type is added to the regulatory definition of a small clean energy generation facility, any other type of generation facility that produces no greenhouse gas emissions or other pollutant emissions known to have negative health impacts; provided, however, that the nameplate capacity for solar facilities shall be calculated in direct current.
“Small clean energy infrastructure facility”, a small clean energy generation facility, small clean energy storage facility or small clean transmission and distribution infrastructure facility.
“Small clean energy storage facility”, an energy storage system as defined in section 1 of chapter 164 with a rated capacity of less than 100 megawatt hours, including any ancillary structure that is an integral part of the operation of the small clean energy storage facility.
“Small clean transmission and distribution infrastructure facility”, electric transmission and distribution infrastructure and related ancillary infrastructure, including: (i) electric transmission line reconductoring or rebuilding projects; (ii) new or substantially altered electric transmission lines located in an existing transmission corridor that are not more than 10 miles long, including any ancillary structure that is an integral part of the operation of the transmission line; (iii) new or substantially altered electric transmission lines located in a new transmission corridor that are not more than 1 mile long, including any ancillary structure that is an integral part of the operation of the transmission line; (iv) any other electric transmission infrastructure, including standalone transmission substations and upgrades and any ancillary structure that is an integral part of the operation of the transmission line and that does not require zoning exemptions; and (v) electric distribution-level projects that meet a certain threshold, as determined by the department; provided, however, that the “small clean transmission and distribution infrastructure facility” shall be: (A) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B) designed to ensure electric grid reliability and stability; or (C) designed to help facilitate the electrification of the building and transportation sectors; and provided further, that a “small clean transmission and distribution infrastructure facility” shall not include new transmission and distribution infrastructure facilities that solely interconnect new or existing generation powered by fossil fuels to the electric grid on or after January 1, 2026.
“Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
“Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
(b) The department shall establish standards, requirements and procedures governing the siting and permitting of small clean energy infrastructure facilities by local governments that shall include: (i) uniform sets of public health, safety, environmental and other standards, including zoning criteria, that local governments shall require for the issuance of permits for small clean energy infrastructure facilities; (ii) a common standard application for small clean energy infrastructure facility project applicants submitting a permit application to local governments; (iii) uniform pre-filing requirements for small clean energy infrastructure facilities, which shall include specific requirements for public meetings and other forms of outreach that must occur in advance of an applicant submitting an application; (iv) standards for applying site suitability guidance developed by the executive office of energy and environmental affairs pursuant to section 30 of chapter 21A to evaluate the social and environmental impacts of proposed small clean energy generation facilities, small clean energy storage facilities and small clean transmission and distribution infrastructure facilities in new rights of way, which shall include a mitigation hierarchy to be applied during the permitting process to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate negative impacts of siting on the environment, people and the commonwealth’s goals and objectives for climate mitigation, resilience, biodiversity and protection of natural and working lands, to the extent practicable; (v) common conditions and requirements for a single permit consolidating all necessary local approvals to be issued for different types of small clean energy infrastructure facilities in the event that constructive approval is triggered through the non-issuance of a final decision by a local government pursuant to subsection (d); (vi) guidance for procedures and potential extensions of time should an applicant fail to respond to a request for information within a specified timeframe or proposes a significant revision to a proposed project; provided, however, that the department shall solicit public input in the development of such guidance; and (vii) responsible parties subject to enforcement actions, including in the event of sale of small clean energy infrastructure facilities after permitting. The department may promulgate rules and regulations allowing local governments to set fees for compensatory environmental mitigation for the restoration, establishment, enhancement or preservation of comparable environmental resources through funds paid to the local government or to a non-profit entity to be used at the election of an applicant to satisfy the standard of mitigation to the maximum extent practicable. Local governments acting in accordance with the standards established by the department for small clean energy generation facilities and small clean energy storage facilities pursuant to this subsection shall be considered to have acted consistent with the limitations on solar facility and small clean energy storage facility zoning under section 3 of chapter 40A. The department shall establish a transition or concurrency period for the effective date of any standards that it establishes.
(c) The proponent of a small clean energy infrastructure facility may submit a consolidated small clean energy infrastructure facility permit application seeking a single permit consolidating all necessary local permits and approvals. To initiate the permitting of a small clean energy infrastructure facility, an applicant may elect to submit an application, with supporting information in the form developed by the department pursuant to subsection (b), for the local government to conduct a consolidated review pursuant to the criteria and standards set forth in subsection (b) and using the process set forth in subsection (d). Local governments shall determine whether such consolidated small clean energy infrastructure facility permit application is complete not later than 30 days of receipt. If an application is deemed incomplete, the applicant shall have 30 days, and any additional time as determined by the local government, to cure any deficiencies before the application is rejected. In the event of a rejection of the application, the local government shall provide a detailed reasoning for the rejection.
(d)(1) Local governments shall issue a single, final decision on a consolidated small clean energy infrastructure facility permit application submitted pursuant to subsection (c), including all decisions necessary for a project to proceed with construction within 12 months of the receipt of a complete permit application; provided, however, that the permit shall not include any state permits that may be required to proceed with construction and operation of said facility. All local government authorities, boards, commissions, offices or other entities that may be required to issue a decision on 1 or more permits in response to the application for the small clean energy infrastructure facility may conduct reviews separately and concurrently. Such permits shall adhere to any requirements established by the department pursuant to subsection (b).
(2) If a final decision is not issued within 12 months of the receipt of a complete permit application, a constructive approval permit shall be issued by the local government that includes the common conditions and requirements established by the department for the type of small clean energy infrastructure facility under review.
(e) Individual decisions of local government authorities, boards, commissions, offices or other entities that would otherwise be required to issue 1 or more permits to the small clean energy infrastructure facility may not be appealed or reviewed independently. The only decision of a local government that is subject to further review is the single, final decision issued by the local government that includes all individual decisions necessary for a project to proceed with construction, exclusive of any state permits that may be required, which shall be reviewable by a de novo adjudication of the permit application by the director of the energy facilities siting division of the department of public utilities, as provided in subsection (f).
(f) Within 30 days of the single, final decision on a consolidated permit application by a local government described in subsections (d) and (e), project proponents and other individuals or entities substantially and specifically affected by a proposed small clean energy infrastructure facility may file a petition to request in writing a de novo adjudication of the permit application by the director of the facilities siting division pursuant to section 69W of chapter 164 following permit issuance, including constructive approval permits issued pursuant to subsection (d), or denials by a local government.
(g) If a local government lacks the resources, capacity or staffing to review a small clean energy infrastructure facility permit application within 12 months, it may, not later than 60 days after receipt of such application or at any time thereafter with the consent of the applicant, request in writing a de novo adjudication of such application by the director pursuant to section 69W of chapter 164.
(h) The department shall promulgate regulations to implement this section in consultation with the Massachusetts Municipal Association, Inc., the department of public utilities, the department of environmental protection, the department of fish and game, the department of conservation and recreation, the department of agricultural resources, an office within the executive office of energy and environmental affairs designated by the secretary of energy and environmental affairs for review of compliance with the Massachusetts environmental policy act, the office of environmental justice and equity, the executive office of health and human services, the executive office of housing and livable communities and the executive office of public safety and security.
(i) Nothing in subsections (c) to (g), inclusive, shall apply to a comprehensive permit pursuant to sections 20 to 23, inclusive, of chapter 40B. For the purpose of this section, the procedures and standards for filing and review of an application for a comprehensive permit that includes a small clean energy infrastructure facility shall be in accordance with said sections 20 to 23, inclusive, of said chapter 40B.
(j) The department of energy resources shall, on a quarterly basis, determine whether more than 50 per cent of applications for small clean energy infrastructure facilities processed in the preceding 24-month period throughout the commonwealth have been constructively approved. If more than 50 per cent of applications have been so approved, the department of energy resources, the department of public utilities and the office of environmental justice and equity shall, within 6 months of the conclusion of the 24-month period, analyze and report on the cause of the high rate of constructive approvals by local governments and make recommendations to local governments, the general court and the governor on how to reduce the number of constructive approvals and increase the number of decisions reached by means other than constructive approval.
(k) A consolidated small clean energy infrastructure permit application submitted pursuant to this section shall include the following certification and disclosure requirements:
(i) documentation reflecting the applicant’s demonstrated commitment to workforce or economic development within the commonwealth;
(ii) a statement of intent concerning efforts that the applicant and its contractors and subcontractors will make to promote workforce or economic development through the project;
(iii) documentation reflecting the applicant’s demonstrated commitment to expand workforce diversity, equity and inclusion in its past projects within the commonwealth;
(iv) documentation as to whether the applicant and its contractors and subcontractors participate in a state or federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last 5 years;
(v) a statement of intent concerning how or if the applicant and its contractors and subcontractors intend to utilize apprentices on the project, including whether each of its contractors and subcontractors on the project participates in a state or federally certified apprenticeship program;
(vi) documentation relative to the applicant and its contractors and subcontractors regarding their history of compliance with chapters 149, 151, 151A, 151B and 152, 29 U.S.C. section 201, et seq. and applicable federal anti-discrimination laws;
(vii) documentation that the applicant and its contractors and subcontractors are currently, and will remain, in compliance with chapters 149, 151, 151A, 151B, and 152, 29 U.S.C. section 201, et seq. and applicable federal anti-discrimination laws for the duration of the project;
(viii) detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation of the project, including documentation of the applicant’s history with picketing, work stoppages, boycotts or other economic actions against the applicant and a description or plan of how the applicant intends to prevent or address such actions;
(ix) documentation relative to whether the applicant and its contractors have been found in violation of state or federal safety regulations in the previous 10 years.
(l) The department may require a wage bond or other comparable form of insurance in an amount to be set by the department to ensure compliance with law, certifications or department obligations.
(m) The department shall notify applicants that an applicant shall be disqualified from the project if the applicant has been debarred by the federal government or commonwealth for the entire term of the debarment.
(n) An applicant shall, in a timely manner, provide documentation and certifications as required by law or otherwise directed by the department. Incomplete or inaccurate information may be grounds for disqualification, dismissal or other action deemed appropriate by the department.
(o) The department shall give added weight to applicants that demonstrate compliance with the provisions of sections 26 to 27F, inclusive, of chapter 149, and have a history of participation with state or federally certified apprenticeship programs.
SECTION 24. Section 2 of chapter 25B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Compensation” the following 2 definitions:-
“Connector” or “Plug”, a device that attaches an electric vehicle to a charging port to transfer electricity.
“Direct current fast charger”, a charger that enables rapid charging by delivering direct-current, or DC current, electricity directly to an electric vehicle battery.
SECTION 25. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by striking out the definition of “Electric vehicle supply equipment” and inserting in place thereof the following definition:-
“Electric vehicle supply equipment” or “EVSE”, a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that “electric vehicle supply equipment” shall also mean a charger.
SECTION 26. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Faucet” the following definition:-
“Flexible demand”, the capability to schedule, shift or curtail the electrical demand of a load-serving entity’s customer through direct action by the customer or through action by a third party, the load-serving entity or a grid balancing authority, with the customer’s consent.
SECTION 27. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Lamp” the following 2 definitions:-
“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts alternating current and maximum output current of not more than 16 amperes alternating current.
“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts alternating current, and maximum output current of not more than 80 amperes alternating current.
SECTION 28. Said section 2 of said chapter 25B, as so appearing, is hereby further amended by inserting after the definition of “Plumbing fixture” the following definition:-
“Port”, a system or connecting outlet on a charger that provides power to charge an electric vehicle; provided, however, that a port may be equipped with multiple connectors but use only 1 connector at a time to provide such power.
SECTION 29. Section 5 of said chapter 25B, as so appearing, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following paragraph:-
The commissioner may, by regulation, update energy efficiency standards for the types of new products set forth in clauses (f) to (y), inclusive, of section 3. Any revision of such efficiency standards shall be based upon the determination of the commissioner; provided, however, that a revision of said efficiency standards for electric vehicle supply equipment may allow the use of equipment that consumes additional kilowatts per hour. Any standard revised pursuant to this section which conflicts with a corresponding standard in the state plumbing code shall take precedence over the standard in said state plumbing code. Any standard revised pursuant to this section shall not take effect for at least 1 year after its adoption.
SECTION 30. Said section 5 of said chapter 25B, as so appearing, is hereby further amended by striking out clause (20) and inserting in place thereof the following clause:-
(20) Electric vehicle supply equipment included in the scope of the ENERGY STAR Program Requirements Product Specification for Electric Vehicle Supply Equipment, Version 1.2 (Rev. June 2023), shall meet the qualification criteria of that specification.
SECTION 31. Said section 5 of said chapter 25B, as so appearing, is hereby further amended by striking out, in line 198, the words “, electric vehicle supply equipment”.
SECTION 32. Said section 5 of said chapter 25B, as so appearing, is hereby further amended by adding the following paragraph:-
The commissioner may adopt and update regulations for the standards for any appliances to facilitate the deployment of flexible demand technologies. The regulations may include labeling provisions to promote the use of appliances with flexible demand capabilities. The flexible demand appliance standards shall be based on feasible and attainable efficiencies or feasible improvements that will enable appliance operations to be scheduled, shifted or curtailed to reduce emissions of greenhouse gases associated with electricity generation.
SECTION 33. The second paragraph of section 62A of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- This section and sections 62B to 62L, inclusive, shall not apply to the energy facilities siting board established under section 69H of chapter 164 or to any proponent or owner of a large clean energy infrastructure facility, as defined in section 69G of said chapter 164, or small clean energy infrastructure facility, as defined in section 21 of chapter 25A, in relation to an application for a consolidated permit or petition for a de novo adjudication filed under sections 69T to 69W, inclusive, of said chapter 164.
SECTION 34. Chapter 30B of the General Laws is hereby amended by striking out section 23, as so appearing, and inserting in place thereof the following section:-
Section 23. Notwithstanding section 39M of chapter 30 or any other general or special law to the contrary, a governmental body may, pursuant to this chapter, procure electric vehicles, including electric school buses, and the installation of electric vehicle supply equipment as defined in section 2 of chapter 25B for such electric vehicles. Electric vehicles and the installation of related electric vehicle supply equipment may be procured separately or in a single procurement. For the purposes of this section, electric vehicles shall be considered supplies and electric vehicle supply equipment and its installation shall be considered services; provided, however, that if electric vehicles and electric vehicle supply equipment and its installation are procured in a single procurement both shall be considered supplies.
A contract under this section shall only be awarded to a bidder who: (i) possesses the skill, ability and integrity necessary for the faithful performance of the work; (ii) certifies that it is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (iii) certifies that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is not less than 10 hours in duration at the time the employee begins work and furnish documentation of successful completion of such course with the first certified payroll report for each employee; and (iv) obtains within 10 days of the notification of contract award the security by bond required under section 29 of chapter 149. For the purposes of this section, “security by bond” shall mean the bond of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority; provided, however, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. Sections 26 to 27D, inclusive, of said chapter 149 shall apply to any contract entered into under this section.
SECTION 35. Section 23 of said chapter 30B is hereby repealed
SECTION 36. Section 1A of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Permit granting authority” the following definition:-
“Public service corporation”, (i) a corporation or other entity duly qualified to conduct business in the commonwealth that owns or operates or proposes to own or operate assets or facilities to provide electricity, gas, telecommunications, cable, water or other similar services of public need or convenience to the public directly or indirectly, including, but not limited to, an entity that owns or operates or proposes to own or operate electricity generation, storage, transmission or distribution facilities, or natural gas facilities including pipelines, and manufacturing and storage facilities; (ii) any transportation company that owns or operates or proposes to own or operate railways and related common carrier facilities; (iii) any communications company, including a wireless communications company or cable company that owns or operates or proposes to own or operate communications or cable facilities; and (iv) any water company that owns or operates or proposes to own or operate facilities necessary for its operations.
SECTION 37. Section 3 of said chapter 40A, as so appearing, is hereby amended by striking out, in lines 64 to 65, 74 and 82, the words “department of public utilities” and inserting in place thereof, in each instance, the following words:- energy facilities siting board.
SECTION 38. Section 5 of chapter 40C of the General Laws, as so appearing, is hereby amended by inserting after the word “districts”, in line 20, the following words:- ; the words “solar energy system” shall mean a device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.
SECTION 39. The first paragraph of section 7 of said chapter 40C, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Notwithstanding any general or special law to the contrary, the commission shall give substantial weight to the threat posed by climate change and to the commonwealth’s obligation to meet statewide greenhouse gas emission limits and sublimits established under chapter 21N when ruling on applications for certificates of appropriateness for solar energy systems.
SECTION 40. Subsection (cc) of section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in lines 1489 and 1490, the words “employ, in the aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the following words:- employ not less than 50.
SECTION 41. Section 38MM of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in lines 48 to 50, inclusive, the words “employ, in the aggregate with other tenants at the offshore wind facility, not less than 200” and inserting in place thereof the following words:- employ not less than 50.
SECTION 42. Chapter 98 of the General Laws is hereby amended by adding the following section:-
Section 59. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Charger”, a device having at least 1 charging port and connector for charging electric vehicles; provided, however, that “charger” shall also mean electric vehicle supply equipment.
“Charging network provider”, the entity that operates the digital communication network that remotely manages the chargers which may include charging station operators and manufacture chargers.
“Charging station”, a charger or group of chargers and the area in the immediate vicinity of such charger or group of chargers, which may include, at the discretion of the regulating entity, supporting equipment, parking areas adjacent to the chargers and lanes for vehicle ingress and egress; provided, however, that a charging station may comprise only part of the property on which it is located.
“Charging station operator”, an entity that owns or provides the chargers and the supporting equipment and facilities at charging stations and is responsible for the operation and maintenance of the chargers and the supporting equipment and facilities; provided, however, that such operator may delegate responsibility for certain aspects of the charging station operation and maintenance to subcontractors.
“Connector” or “Plug”, a device that attaches an electric vehicle to a charging port to transfer electricity.
“Direct current fast charger”, a charger that enables rapid charging by delivering direct-current, or DC current, electricity directly to an electric vehicle’s battery.
“Electric vehicle”, a battery electric vehicle that is either a zero-emission vehicle or a plug-in hybrid electric vehicle equipped with an on-board electrical energy storage device that can be recharged from an external source of electricity and has the capability to run on another fuel; provided, however, that “electric vehicle” shall not include a golf cart, electric bicycle or other micromobility device.
“Electric vehicle charging services”, the transfer of electric energy from an electric vehicle charging station to a battery or other storage device in an electric vehicle and related billing services, networking and operation and maintenance.
“Electric vehicle supply equipment”, a device, including at least 1 charging port and connector, for charging electric vehicles; provided, however, that “electric vehicle supply equipment” shall also mean a charger.
“Level 1”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage nominally 120 volts AC, or alternating current, and maximum output current of not more than 16 amperes AC.
“Level 2”, a galvanically-connected electric vehicle supply equipment with a single-phase input voltage range from 208 volts to 240 volts AC, or alternating current, and maximum output current of not more than 80 amperes AC.
“Public electric vehicle charging station”, an electric vehicle charging station located at a publicly-available parking space.
“Publicly-available parking space”, a parking space that has been designated by a property owner or lessee to be available to and accessible by the public and may include on-street parking spaces and parking spaces in surface lots or parking garages; provided, however, that “publicly-available parking space” shall not include a parking space that is part of or associated with residential real property containing not more than 4 dwelling units or that is reserved for the exclusive use of an individual driver or vehicle or for a group of drivers or vehicles, including employees, tenants, visitors, residents of a common interest development and residents of an adjacent building.
“Publicly-funded and available charging station”, a public electric vehicle charging station that has received, or expects to receive, a grant, loan or other incentive from a federal or state government source or through a charge on ratepayers and is located at a publicly available parking space.
(b) The division of standards shall promulgate regulations to: (i) inventory the number and location of charging stations; and (ii) ensure the accuracy of pricing and volumes of electricity purchased at public electric vehicle charging stations; provided, however, that, with respect to such public charging stations, such regulations shall include setting minimum requirements for the communication and display of pricing information; provided further, that the division of standards shall not prevent a charging station from operating due to an omission or inability by the division to test, inspect, seal or inventory the charging station or otherwise administer and enforce such regulations or, in the case of a public electric vehicle charging station, due to an omission or inability to ensure the accuracy of pricing and volumes of electricity purchased at, and information communicated by, such charging station.
(c) Any regulations promulgated pursuant to this section may vary by technology type, power levels, number of chargers per site, site ownership and according to whether charging stations and chargers: (i) are networked; (ii) are level 1, level 2 or direct current fast chargers; and (iii) are all-inclusive mobile solar charging stations. Such regulations shall not apply to chargers or charging stations installed at a residential real property containing not more than 4 dwelling units. The division may set standards for data formats that comply with electric vehicle charging industry best practices and standards, as determined by the division.
(d) Annually, not later than May 1, the division shall submit a report and accompanying data with respect to the inventory required under subsections (b) and (c) and other findings made and activities undertaken pursuant to said subsections (b) and (c) to the joint committee on ways and means, the joint committee on telecommunications, utilities and energy, the secretary of energy and environmental affairs and the secretary of administration and finance.
(e) In promulgating regulations under this section, the division may apply different requirements to publicly-funded and available electric vehicle chargers and other charging stations.
SECTION 43. Section 95 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting after the word “conservation”, in line 6, the following words:- , energy efficiency, reductions in greenhouse gas emissions, reductions in embodied carbon.
SECTION 44. Said section 95 of said chapter 143, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 21, the following words:- ; provided however, that, notwithstanding any general or special law or regulation to the contrary, the board may vary such standards, regulations and requirements and prefer the treatment of certain types of classes of materials, products and methods of construction, in order to advance reductions in greenhouse gas emissions needed to meet the statewide greenhouse gas emissions limits and sublimits established pursuant to chapter 21N; and provided further, that any such variation in standards, regulations and requirements and any such preferential treatment shall not affect the health, safety and security of the occupants or users of buildings.
SECTION 45. Said chapter 143 is hereby further amended by adding the following section:-
Section 101. Notwithstanding any provision of the state building code, specialized code or any other general or special law to the contrary, refrigerants identified as an alternative for use in accordance with 42 U.S.C. 7671k shall be acceptable for use in the commonwealth.
SECTION 46. Section 1 of chapter 164 of the General Laws, as so appearing, is hereby amended by inserting before the definition of “Aggregator” the following definition:-
“Advanced metering infrastructure”, a meter and network communications technology that measures, records and transmits electricity usage by the end user at a minimum of hourly intervals and is capable of providing data to the end user and authorized third parties in real time or near real time.
SECTION 47. Said section 1 of said chapter 164, as so appearing, is hereby further amended by striking out the definition of “Gas company” and inserting in place thereof the following definition:-
“Gas company”, a corporation originally organized for the purpose of making and selling or distributing and selling, gas within the commonwealth, even though subsequently authorized to make or sell electricity. A gas company may make, sell or distribute utility-scale non-emitting thermal energy, including networked geothermal and deep geothermal energy.
SECTION 48. Section 1F of said chapter 164, as so appearing, is hereby amended by striking out paragraph (4) and inserting in place thereof the following paragraph:-
(4)(i) The department shall require that distribution companies provide discounted rates for low income customers and eligible moderate income customers comparable to the low income discount rate in effect prior to March 1, 1998. Such discounts shall be in addition to any reduction in rates that becomes effective pursuant to subsection (b) of section 1B on March 1, 1998. and to any subsequent rate reductions provided by a distribution company pursuant to said subsection. The cost of such discounts shall be included in the rates charged to all other customers of a distribution company upon approval by the department. Each distribution company shall guarantee payment to the generation supplier for all power sold to low income and eligible moderate income customers at the discounted rates. Eligibility for the discount rates provided for in this section shall be established upon verification of a low income customer’s receipt of any means-tested public benefit or verification of eligibility for the low income home energy assistance program, or its successor program, for which eligibility does not exceed 200 per cent of the federal poverty level based on a household’s gross income and by criteria determined by the department for verification of an eligible moderate income customer. Such public benefits may include, but shall not be limited to including, assistance that provides cash, housing, food or medical care including, but not limited to, transitional assistance for needy families, supplemental security income, emergency assistance to elders, disabled and children, food stamps, public housing, federally-subsidized or state-subsidized housing, the low income home energy assistance program, veterans’ benefits and similar benefits. The department of energy resources shall make available to distribution companies the eligibility guidelines for said public benefit programs. Each distribution company shall conduct substantial outreach efforts to make the low income or moderate income discount available to eligible customers and shall report to the department of energy resources, at least annually, as to its outreach activities and results. Outreach may include establishing an automated program of matching customer accounts with: (A) lists of recipients of said means-tested public benefit programs and, based on the results of said matching program, to presumptively offer a low income discount rate to eligible customers so identified; and (B) criteria established by the department for verification of a moderate income customer to presumptively offer a moderate income discount rate to eligible customers so identified; provided, however, that the distribution company, within 60 days of said presumptive enrollment, informs any such low income customer or eligible moderate income customer of said presumptive enrollment and all rights and obligations of a customer under said program, including the right to withdraw from said program without penalty.
In a program year in which maximum eligibility for the low income home energy assistance program, or its successor program, exceeds 200 per cent of the federal poverty level, a household that is income eligible for the low income home energy assistance program shall be eligible for the low income discount rates required by this subparagraph.
(ii) A residential customer eligible for low income or moderate income discount rates shall receive the service on demand. Each distribution company shall periodically notify all customers of the availability and method of obtaining low income or moderate income discount rates. An existing residential customer eligible for a low income or moderate income discount on the date of the start of retail access who orders service for the first time from a distribution company shall be offered basic service by that distribution company.
The department shall promulgate rules and regulations requiring utility companies organized pursuant to this chapter to produce information, in the form of a mailing, webpage or other approved method of distribution, to their consumers, to inform them of available rebates, discounts, credits and other cost-saving mechanisms that can help them lower their monthly utility bills and send out such information semi-annually, unless otherwise provided by this chapter.
(iii) There shall be no charge to any residential customer for initiating or terminating low income or moderate income discount rates, default service or standard offer service when said initiation or termination request is made after a regular meter reading has occurred and the customer is in receipt of the results of said reading. A distribution company may impose a reasonable charge, as set by the department through regulation, for initiating or terminating low income or moderate income discount rates, default service or standard offer service when a customer does not make such an initiation or termination request upon the receipt of said results and prior to the receipt of the next regularly scheduled meter reading. For purposes of this subsection, there shall be a regular meter reading conducted of every residential account not less often than once every 2 months. Notwithstanding the foregoing, there shall be no charge when the initiation or termination is involuntary on the part of the customer.
SECTION 49. Section 30 of said chapter 164, as appearing in the 2022 Official Edition, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, in deciding whether to exercise its authority pursuant to this section, the department shall consider whether a request to authorize gas distribution service is reasonable and in the public interest; provided, however, that in determining reasonableness and the public interest, the department shall consider factors including, but not limited to: (i) the commonwealth’s interest in complying with the greenhouse gas emissions limits and sublimits established pursuant to chapter 21N, including the statewide emissions limit set for 2050; (ii) the commonwealth’s interest in avoiding the stranding of assets and the likelihood of costs being borne by ratepayers; and (iii) whether an alternative to gas service is available and likely to provide substantially similar service, which shall include consideration of cost.
SECTION 50. Section 69G of said chapter 164, as so appearing, is hereby amended by striking out, in line 1, the words “sixty-nine H to sixty-nine R” and inserting in place thereof the following words:- 69H to 69W.
SECTION 51. Said section 69G of said chapter 164, as so appearing, is hereby further amended by striking out the definition of “Applicant” and inserting in place thereof the following 2 definitions:-
“Anaerobic digestion facility”, a facility that: (i) generates electricity from a biogas produced by the accelerated biodegradation of organic materials under controlled anaerobic conditions; and (ii) has been determined by the department of energy resources, in coordination with the department of environmental protection, to qualify under the department of energy resources regulations as a Class I renewable energy generating source under section 11F of chapter 25A.
“Applicant”, a person or group of persons who submits to the department or board a long-range plan, a petition to construct a facility, a petition for a consolidated permit for a large clean energy infrastructure facility or small clean energy infrastructure facility, a petition for a certificate of environmental impact and public need, a notice of intent to construct an oil facility or any application, petition or matter referred by the chair of the department to the board pursuant to section 69H.
SECTION 52. Said section 69G of said chapter 164, as so appearing, is hereby further amended by inserting after the definition of “Certificate” the following definition:-
“Consolidated permit”, a permit issued by the board to a large clean energy infrastructure facility or a small clean energy infrastructure facility that includes all municipal, regional and state permits that the large or small clean energy infrastructure facility would otherwise need to obtain individually, with the exception of certain federal permits that are delegated to specific state agencies as determined by the board.
SECTION 53. Said section 69G of said chapter 164, as so appearing, is hereby further amended by striking out the definition of “Department” and inserting in place thereof the following 3 definitions:-
“Cumulative impact analysis”, a written report produced by the applicant assessing impacts and burdens, including but not limited to any existing environmental burden and public health consequences impacting a specific geographical area in which a facility, large clean energy infrastructure facility or small clean energy infrastructure facility is proposed from any prior or current private, industrial, commercial, state or municipal operation or project ; provided, that if the analysis indicates that such a geographical area is subject to an existing unfair or inequitable environmental burden or related health consequence, the analysis shall identify any: (i) environmental and public health impact from the proposed project that would likely result in a disproportionate adverse effect on such geographical area; (ii) potential impact or consequence from the proposed project that would increase or reduce the effects of climate change on such geographical area; and (iii) proposed potential remedial actions to address any disproportionate adverse impacts to the environment, public health and climate resilience of such geographical area that may be attributable to the proposed project. Said cumulative impact analysis shall be developed in accordance with guidance established by the office of environmental justice and equity established pursuant to section 29 of chapter 21A and regulations promulgated by the board.
“Department”, the department of public utilities.
“Director”, the director of the facilities siting division appointed pursuant to section 12N of chapter 25, who shall serve as the director of the board; provided, however, that the director may issue decisions on de novo adjudications of local permit applications pursuant to section 69W of chapter 164.
SECTION 54. Said section 69G of said chapter 164, as so appearing, is hereby further amended by inserting after the word “capacity”, in line 46, the following words:- ; provided, however, that “facility” shall not include a large clean energy infrastructure facility or small clean energy infrastructure facility.
SECTION 55. Said section 69G of said chapter 164, as so appearing, is hereby further amended by striking out, in line 48, the words “and liquified natural gas” and inserting in place thereof the following words:- liquified natural gas, renewable natural gas and hydrogen.
SECTION 56. Said section 69G of said chapter 164, as so appearing, is hereby further amended by striking out, in line 61, the figure “100” and inserting in place thereof the following figure:- 25.
SECTION 57. Said section 69G of said chapter 164, as so appearing, is hereby further amended by inserting after the definition of “Generating facility” the following 4 definitions:-
“Large clean energy generation facility”, energy generation infrastructure with a nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar facility or wind facility, including any ancillary structure that is an integral part of the operation of the large clean energy generation facility, or, following a rulemaking by the board in consultation with the department of energy resources that includes the facility within the regulatory definition of a large clean energy generation facility, any other type of generation facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for solar facilities shall be calculated in direct current.
“Large clean energy infrastructure facility”, a large clean energy generation facility, large clean energy storage facility or large clean transmission and distribution infrastructure facility.
“Large clean energy storage facility”, an energy storage system as defined under section 1 with a rated capacity of not less than 100 megawatt hours, including any ancillary structure that is an integral part of the operation of the large clean energy storage facility.
“Large clean transmission and distribution infrastructure facility”, electric transmission and distribution infrastructure and related ancillary infrastructure that is: (i) a new electric transmission line having a design rating of not less than 69 kilovolts and that is not less than 1 mile in length on a new transmission corridor, including any ancillary structure that is an integral part of the operation of the transmission line; (ii) a new electric transmission line having a design rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing transmission corridor except reconductored or rebuilt transmission lines at the same voltage, including any ancillary structure that is an integral part of the operation of the transmission line; (iii) any other new electric transmission infrastructure requiring zoning exemptions, including standalone transmission substations and upgrades and any ancillary structure that is an integral part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore wind to the grid; provided, however, that the large clean transmission and distribution facility is: (A) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B) approved by the regional transmission operator in relation to interconnecting clean energy infrastructure; (C) proposed to ensure electric grid reliability and stability; or (D) will help facilitate the electrification of the building and transportation sectors; provided further, that a “large clean transmission and distribution infrastructure facility” shall not include new transmission and distribution infrastructure that solely interconnects new and existing energy generation powered by fossil fuels on or after January 1, 2026.
SECTION 58. Said section 69G of said chapter 164, as so appearing, is hereby further amended by striking out the definition of “Significant portion of his income” and inserting in place thereof the following 6 definitions:-
“Significant portion of their income”, 10 per cent of gross personal income for a calendar year; provided, however, that it shall mean 50 per cent of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, pension or similar arrangement. Income includes retirement benefits, consultants’ fees and stock dividends. Income shall not be received directly or indirectly from permit holders or applicants for a permit where it is derived from mutual fund payments or from other diversified investments over which the recipient does not know the identity of the primary sources of income.
“Small clean energy generation facility”, as defined in section 21 of chapter 25A.
“Small clean energy infrastructure facility”, as defined in section 21 of chapter 25A.
“Small clean energy storage facility”, as defined in section 21 of chapter 25A.
“Small clean transmission and distribution infrastructure facility”, as defined in section 21 of chapter 25A.
“Solar facility”, a ground mounted facility that uses sunlight to generate electricity.
SECTION 59. Said section 69G of said chapter 164, as so appearing, is hereby further amended by adding the following definition:-
“Wind facility”, an onshore or offshore facility that uses wind to generate electricity.
SECTION 60. Section 69H of said chapter 164, as amended by section 292 of chapter 7 of the acts of 2023, is hereby further amended by striking out the first 3 paragraphs and inserting in place thereof the following 4 paragraphs:-
There shall be an energy facilities siting board within the department, but not under the supervision or control of the department. The board shall implement the provisions contained in sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provide a reliable, resilient and clean supply of energy consistent with the commonwealth’s climate change and greenhouse gas reduction policies and requirements; (ii) ensure that large clean energy infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities avoid or minimize or, if impacts cannot be avoided or minimized, mitigate environmental impacts and negative health impacts to the extent practicable; (iii) ensure that large clean energy infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are, to the extent practicable, in compliance with energy, environmental, land use, labor, economic justice, environmental justice and equity and public health and safety policies of the commonwealth, its subdivisions and its municipalities; and (iv) ensure large clean energy infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are constructed in a manner that avoids or minimizes costs. The board shall review: (A) the need for, cost of and environmental and public health impacts of transmission lines, natural gas pipelines, facilities for the manufacture and storage of gas, oil facilities, large clean transmission and distribution infrastructure facilities and small clean transmission and distribution infrastructure facilities; and (B) the environmental and public health impacts of generating facilities, large clean energy generation facilities, small clean energy generation facilities, large clean energy storage facilities and small clean energy storage facilities.
Any determination made by the board shall describe the environmental and public health impacts, if any, of the large clean energy infrastructure facility, small clean energy infrastructure facility, facility or oil facility and shall include findings, including, but not be limited to, findings that: (i) efforts have been made to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate environmental impacts; (ii) due consideration has been given to the findings and recommendations of local governments; (iii) in the case of large clean transmission and distribution infrastructure facilities, small clean transmission and distribution infrastructure facilities and natural gas pipelines, due consideration has been given to advanced conductors, advanced transmission technologies, grid enhancement technologies, non-wires or non-pipeline alternatives, the repair or retirement of pipelines and other alternatives in an effort to avoid or minimize expenditures; (iv) in the case of large clean transmission and distribution infrastructure facilities and small clean transmission and distribution infrastructure facilities, the infrastructure or project will increase the capacity of the system to interconnect large electricity customers, electric vehicle supply equipment, clean energy generation, clean energy storage or other clean energy generation sources that qualify under any clean energy standard regulation established by the department of environmental protection pursuant to subsection (d) of section 3 of chapter 21N or will facilitate the electrification of the building and transportation sectors; and (v) due consideration has been given to any cumulative burdens on host communities and efforts that must be taken to avoid or minimize or, if impacts cannot be avoided or minimized, efforts to mitigate such burdens. In considering and issuing a decision, the board shall also consider reasonably foreseeable climate change impacts, including additional greenhouse gas or other pollutant emissions known to have negative health impacts, predicted sea level rise, flooding and any other disproportionate adverse effects on a specific geographical area. Such reviews shall be conducted consistent with section 69J 1/4 for generating facilities, section 69T for large clean energy infrastructure facilities, sections 69U to 69W, inclusive, for small clean energy infrastructure facilities and section 69J for all other types of facilities.
The board shall be composed of: the secretary of energy and environmental affairs or a designee, who shall serve as chair; the secretary of economic development or a designee; the commissioner of environmental protection or a designee; the commissioner of energy resources or a designee; the chair of the department of public utilities or a designee; the commissioner of fish and game or a designee; the commissioner of public health or a designee; and 4 public members to be appointed by the governor for a term coterminous with that of the governor, 1 of whom shall be a representative of the Massachusetts Association of Regional Planning Agencies, 1 of whom shall be a representative of the Massachusetts Municipal Association, Inc. with expertise in municipal permitting matters, 1 of whom shall be experienced in environmental justice issues or indigenous sovereignty and 1 of whom shall be experienced in labor issues; provided, however, that the public members shall not have received, within the 2 years immediately preceding appointment, a significant portion of their income directly or indirectly from the developer of an energy facility or an electric, gas or oil company. The public members shall serve on a part-time basis, receive $100 per diem of board service and be reimbursed by the commonwealth for all reasonable expenses actually and necessarily incurred in the performance of official board duties. Upon the resignation of any public member, a successor shall be appointed in a like manner for the unexpired portion of the term. Appointees shall serve for not more than 2 consecutive full terms.
In the event of the absence, recusal or disqualification of the chair, the commissioner of energy resources shall appoint an acting chair from the remaining members of the board. The board shall meet at such time and place as the chair may designate or upon the request of 3 members. The board shall render a final decision on an application by a majority vote of the members in attendance at a meeting and 5 members shall constitute a quorum.
SECTION 61. The fifth paragraph of said section 69H of said chapter 164, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:-
(1) To adopt and publish rules and regulations consistent with the purposes of sections 69H to 69S, inclusive, and to amend the same from time to time, including, but not limited to, rules and regulations for the conduct of the board’s public hearings under sections 69H 1/2, 69J, 69J 1/4, 69M and 69T to 69W, inclusive.
SECTION 62. Said section 69H of said chapter 164, as so appearing, is hereby further amended by adding the following 2 paragraphs:-
In consultation with the office of environmental justice and equity and the Massachusetts environmental policy act office, the board shall promulgate regulations for cumulative impact analysis as part of its review of facilities, large clean energy infrastructure facilities and small clean energy infrastructure facilities; provided, however, that such regulations shall be informed by the cumulative impact analysis standards and guidelines issued pursuant to section 29 of chapter 21A.
The board and any proponent or owner of a large clean energy infrastructure facility or small clean energy infrastructure facility shall not be subject to any provisions of sections 61 to 62L, inclusive, of chapter 30 in relation to an application or petition for a comprehensive permit or de novo adjudication filed under sections 69T to 69W, inclusive. This section shall apply to any state agency issuing, in relation to an application or petition under said sections 69T to 69V, inclusive, a federal permit that is delegated to that agency and determined by the board to be excluded from the definition of consolidated permit in section 69G.
SECTION 63. The third paragraph of section 69I of said chapter 164, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Neither the board nor any other person shall, in taking any action pursuant to sections 69J to 69J1/4, inclusive, or sections 69T to 69W, inclusive, be subject to sections 61 to 62H, inclusive, of chapter 30.
SECTION 64. Section 69J of said chapter 164, as so appearing, is hereby amended by inserting after the word “facility”, in lines 1 and 2, the following words:- that is not a large clean energy infrastructure facility or small clean energy infrastructure facility.
SECTION 65. Said section 69J of said chapter 164, as so appearing, is hereby further amended by striking out the second to fourth paragraphs, inclusive, and inserting in place thereof the following paragraph:-
A petition to construct a facility shall include, in such form and detail as the board shall from time to time prescribe: (i) a description of the facility, site and surrounding areas; (ii) an analysis of the need for the facility, either within or outside, or both within and outside the commonwealth, including a description of the energy benefits of the facility; (iii) a description of the alternatives to the facility, such as other methods of transmitting or storing energy, other site locations, other sources of electrical power or gas or a reduction of requirements through load management; (iv) a description of the environmental impacts of the facility, including both environmental benefits and burdens, that includes a description of efforts to avoid, minimize and mitigate burdens and efforts to enhance benefits, such as shared use, recreational paths or access to nature; (v) evidence that all pre-filing consultation and community engagement requirements established by the board have been satisfied and, if not, the applicant shall demonstrate good cause for a waiver of the requirements that could not be satisfied by the applicant; and (vi) a cumulative impact analysis. The board may issue and revise filing guidelines after public notice and a period for comment. Said filing guidelines shall require the applicant to provide minimum data for review related to climate change impact, land use impact, water resource impact, air quality impact, fire and other public safety risks, solid waste impact, radiation impact, noise impact and other public health impacts as determined by the board.
SECTION 66. Said section 69J of said chapter 164, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
This section shall not apply to petitions submitted under sections 69U to 69W, inclusive, or petitions to construct a generating facility or a large clean energy infrastructure facility, which shall be subject to sections 69J1/4 and 69T, respectively
SECTION 67. Section 69J1/4 of said chapter 164, as so appearing, is hereby amended by inserting after the word “facility”, in line 2, the following words:- that is not a large clean energy infrastructure facility or small clean energy infrastructure facility.
SECTION 68. Said section 69J1/4 of said chapter 164, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
A petition to construct a generating facility shall include, in such form and detail as the board shall from time to time prescribe, the following information: (i) a description of the proposed generating facility, including any ancillary structures and related facilities, including a description of the energy benefits of the generating facility; (ii) a description of the environmental and public health impacts of the facility, including both environmental and public health benefits and burdens, that includes efforts to avoid or minimize or, if impacts cannot be avoided or minimized, to mitigate the burdens and enhance the benefits, as well as costs associated with the mitigation, control or reduction of such environmental and public health impacts; (iii) a description of the project development and site selection process used in choosing the design and location of the proposed generating facility; (iv) either: (a) evidence that the expected emissions from the facility meet the technology performance standard in effect at the time of filing; or (b) a description of the environmental impacts, costs and reliability of other fossil fuel generating technologies and an explanation of why the proposed technology was chosen; (v) evidence that all prefiling consultation and community engagement requirements established by the board have been satisfied and, if not, the applicant shall demonstrate good cause for a waiver of the requirements that could not be satisfied by the applicant; (vi) a cumulative impact analysis; and (vii) any other information necessary to demonstrate that the generating facility meets the requirements for approval specified in this section.
SECTION 69. Said chapter 164 is hereby further amended by striking out section 69J1/2, as so appearing, and inserting in place thereof the following section:-
Section 69J1/2. Notwithstanding any general or special law to the contrary, the department may charge a fee as specified by its regulations for each application to construct a facility that generates electricity, a large clean energy generation facility, a small clean energy generation facility, a large clean energy storage facility, a small clean energy storage facility, a non-utility owned large clean transmission and distribution infrastructure facility or a small clean transmission and distribution infrastructure facility. If the application to construct any such facility is accompanied by an application to construct 1 additional facility that does not generate electricity, the department may charge a fee as specified by its regulations for the combined application. If an application to construct a facility that generates electricity is accompanied by applications to construct 2 additional facilities that do not generate electricity, the department may charge a fee as specified by its regulations for the combined application. If an application to construct a facility that does not generate electricity is filed separately, the department may charge a fee as specified by its regulations for each such application; provided, however, that, the department may charge a lower fee for applications to construct facilities that do not generate electricity and that are below a size to be determined by the department. Said fees shall be payable upon issuance of the notice of adjudication and public hearing.
The department may retain said fees for the purpose of reviewing applications to construct or consolidated permit applications for large clean energy infrastructure facilities, small clean energy infrastructure facilities or other facilities subject to this section and for the purpose of creating a clean energy infrastructure dashboard established under section 12N of chapter 25.
Any remaining balance of fees at the end of a fiscal year shall not revert to the General Fund but shall remain available to the department during the following fiscal year for the purposes of this section or section 12S of chapter 25.
The department shall issue an annual report summarizing the data and information required by this section, including, but not limited to: (i) the number of applications filed for facilities, large clean energy infrastructure facilities and small clean energy infrastructure facilities, decided and pending; (ii) the average duration of review; and (iii) the average staffing levels; provided, however, that the annual report shall make use of bar charts, line charts and other visual representations in order to facilitate public understanding of events of the immediate preceding year and of long-term and cumulative trends and outcomes. The board shall file the report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on telecommunications, utilities and energy not later than January 31.
Nothing contained in this section shall be interpreted as changing the statutory mandates of the department or board or the type of facilities that may be constructed by applicants that are not utilities. Nothing contained in this section shall be interpreted as changing the regulations or body of precedent of the department or board or interpreted as changing the rights of intervenors before the department or board.
SECTION 70. Section 69O of said chapter 164, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “sixty-one to sixty-two H, inclusive, of chapter thirty” and inserting in place thereof the following words:- 61 to 62L, inclusive, of chapter 30.
SECTION 71. Said chapter 164 is hereby further amended by striking out section 69P, as so appearing, and inserting in place thereof the following section:-
Section 69P. Any party in interest aggrieved by a final decision of the board or the director shall have a right to judicial review in the manner provided by section 5 of chapter 25. The scope of such judicial review shall be limited to whether the decision of the board or the director: (i) is in conformity with the Constitution of the Commonwealth and the United states Constitution; (ii) was made in accordance with the procedures established in section 69H to 69O, inclusive, and section 69T to 69W, inclusive, and the rules and regulations of the board with respect to such provisions; (iii) was supported by substantial evidence of record in the board’s proceedings; or (iv) was arbitrary, capricious or an abuse of the board’s discretion under said section 69H to 69O, inclusive, and said section 69T to 69W, inclusive.
SECTION 72. Said chapter 164 is hereby further amended by striking out section 69R, as so appearing, and inserting in place thereof the following section:-
Section 69R. An electric or gas company, generation company or wholesale generation company may petition the board for the right to exercise the power of eminent domain with respect to a facility, large clean transmission and distribution infrastructure facility or small clean transmission and distribution infrastructure facility, specified and contained in a petition or application submitted in accordance with sections 69J, 69T or 69U, or a bulk power supply substation if such company is unable to reach an agreement with the owners of land for the acquisition of any necessary estate or interest in land. The applicant shall forward, at the time of filing such petition, a copy thereof to each city, town and property owner affected.
The company shall file with such petition or have annexed thereto: (i) a statement of the use for which such land is to be taken; (ii) a description of land to be taken sufficient for the identification thereof; (iii) a statement of the estate or interest in the land to be taken for such use; (iv) a plan showing the land to be taken; (v) a statement of the sum of money established by such utility to be just compensation for the land to be taken; and (vi) such additional maps and information as the board requires.
The board, after such notice as it may direct, shall hold at least 1 public hearing in the community in which the land to be taken is located. For facilities involving takings in several communities, the hearing shall be held in communities in proximity to the land to be taken, as determined by the board. The board may thereafter authorize the company to take by eminent domain under chapter 79 such lands necessary for the construction of the facility as are required in the public interest, convenience and necessity. The board shall transmit a certified copy of its order to the company and to the clerk of each affected municipality.
If the board dismisses the petition at any stage in the proceedings, no further action shall be taken thereon and the company may file a new petition not less than 1 year after the date of such dismissal.
Following a taking under this section, the electric or gas company may forthwith proceed to utilize such land. If the electric or gas company shall not utilize the lands so taken for the purpose or purposes authorized in the department’s order within such time as the board shall determine, its rights under such taking shall cease and terminate.
No land, rights of way or other easements therein in any public way, public park, reservation or other land subject to Article 97 of the Amendments to the Constitution of the Commonwealth shall be taken by eminent domain under this section except in accordance with said Article 97.
This section shall not be construed as abrogating the board’s jurisdiction described in section 72 in respect to transmission lines or the board’s jurisdiction described in sections 75B to 75G, inclusive, in respect to natural gas transmission lines.
SECTION 73. The second paragraph of section 69S of said chapter 164, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The board, after such notice as it may direct, shall hold at least 1 public hearing in the city or town in which the greater portion of said land in question is located.
SECTION 74. Said chapter 164 is hereby further amended by inserting after section 69S the following 4 sections:-
Section 69T. (a) The energy facilities siting board may issue consolidated permits for large clean energy infrastructure facilities. No applicant shall commence construction of a large clean energy infrastructure facility at a site unless an application for a consolidated permit for such facility pursuant to this section has been approved by the board and no state agency shall issue a construction permit for any such facility unless the petition to construct such facility has been approved by the board. For the purposes of this section, construction shall not include contractual obligations to purchase facilities or equipment.
(b) The board shall establish the following criteria governing the siting and permitting of large clean energy infrastructure facilities: (i) a uniform set of baseline health, safety, environmental and other standards that apply to the issuance of a consolidated permit; (ii) a common standard application to be used when submitting an application to the board; (iii) pre-filing requirements commensurate with the scope and scale of the proposed large clean energy infrastructure facility, which shall include specific requirements for pre-filing consultations with permitting agencies and the Massachusetts environmental policy act office, public meetings and other forms of outreach that must occur in advance of an applicant submitting an application; (iv) standards for applying site suitability criteria developed by the executive office of energy and environmental affairs pursuant to section 30 of chapter 21A to evaluate the social and environmental impacts of proposed large clean energy infrastructure project sites and which shall include a mitigation hierarchy to be applied during the permitting process to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate impacts of siting on the environment, people and goals and objectives of the commonwealth for climate mitigation, carbon storage and sequestration, resilience, biodiversity and protection of natural and working lands to the extent practicable; (v) standards for applying the cumulative impacts analysis standards and guidelines developed by the office of environmental justice and equity pursuant to section 29 of chapter 21A; (vi) standard permit conditions and requirements for a single permit consolidating all necessary local, regional and state approvals to be issued to different types of large clean energy infrastructure facilities in the event that constructive approval is triggered through the non-issuance of a permit by the board pursuant to subsection (i); and (vii) entities responsible for compliance and enforcement of permit conditions, including in the event of sale of large clean energy infrastructure facilities after permitting.
(c) An application for a consolidated permit for a large clean transmission and distribution infrastructure facility shall include, in such form and detail as the board shall from time to time prescribe: (i) a description of the large clean transmission and distribution infrastructure facility, site and surrounding areas; (ii) an analysis of the need for the large clean transmission and distribution infrastructure facility, either within or outside or both within and outside the commonwealth, including a description of energy benefits; (iii) a description of the alternatives to the large clean transmission and distribution infrastructure facility, including siting and project alternatives to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate impacts; (iv) a description of the environmental impacts of the large clean transmission and distribution infrastructure facility, including both environmental burdens and benefits such as shared use, recreational paths or access to nature; (v) evidence that all pre-filing consultation and community engagement requirements established by the board have been satisfied and, if not, a demonstration of good cause for a waiver of the requirements that could not be satisfied by the applicant; and (vi) a cumulative impact analysis. The board may issue and revise filing guidelines after public notice and a period for comment.
(d) An application for a consolidated permit for a large clean energy generation facility or large clean energy storage facility shall include, in such form and detail as the board shall from time to time prescribe: (i) a description of the large clean energy generation facility’s or large clean energy storage facility’s site and surrounding areas, including any ancillary structures and related facilities and a description of the energy benefits of the large clean energy generation facility or large clean energy storage facility; (ii) a description of the environmental impacts of the large clean energy generation facility or large clean energy storage facility, including both environmental benefits and burdens; (iii) a description of the project site selection process and alternatives analysis used in choosing the location of the proposed large clean energy generation facility or large clean energy storage facility to avoid or minimize or, if impacts cannot be avoided or minimized, mitigate impacts; (iv) evidence that all pre-filing consultation and community requirements established by the board have been satisfied and, if not, a demonstration of good cause for a waiver of the requirements that could not be satisfied by the applicant; and (v) a cumulative impact analysis. The board may issue and revise filing guidelines after public notice and a period for comment.
(e) Review by the board of the application shall be an adjudicatory proceeding under chapter 30A. The authority of the board to conduct the adjudicatory proceeding under this section may be delegated in whole or in part to the employees of the department. Pursuant to the rules of the board, such employees shall report back to the board with recommended decisions for final action thereon.
(f) The board shall determine whether a large clean energy infrastructure facility permit application is complete within 30 days of receipt of the application. If an application is deemed not complete, the applicant shall have 30 days to cure any deficiencies identified by the board before the application is rejected. The board may provide extensions of time to cure deficiencies if the applicant can demonstrate extenuating circumstances.
(g) The board shall conduct a public hearing in at least 1 of the affected cities or towns in which a large clean energy infrastructure facility would be located.
(h) Following a determination by the board that an application for a large clean energy infrastructure facility is complete, all municipal, regional and state agencies, authorities, boards, commissions, offices or other entities that would otherwise be required to issue at least 1 permit to the facility shall be deemed to be substantially and specifically affected by the proceeding and upon notification to the board shall have intervenor status in the proceeding to review the facility’s application. All municipal, regional and state agencies, authorities, boards, commissions, offices or other entities that would otherwise be required to issue at least 1 permit to the facility shall be afforded an opportunity to submit statements of recommended permit conditions to the board relative to the respective permits that each agency, authority, board, commission, office or other entity would otherwise be responsible for issuing.
(i) The board shall establish timeframes for reviewing different types of large clean energy infrastructure facilities based on the complexity of the facility, the need for an exemption from local zoning requirements and community impacts, but in no instance shall the board take more than 15 months from the determination of application completeness to render a final decision on an application. The board shall have the authority to approve, approve with conditions or reject a consolidated permit application. If no final decision is issued within the deadline established by the board for the type of large clean energy infrastructure facility, the board shall issue a permit granting approval to construct that includes the common conditions and requirements established by the board through regulations for the type of large clean energy infrastructure facility under review, which shall be deemed a final decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all individual permits, approvals or authorizations that would otherwise be necessary for the construction and operation of the large clean energy infrastructure facility and that portion of the consolidated permit that relates to subject matters within the jurisdiction of a municipal, regional or state agency, authority, board, commission, office or other entity shall be enforced by said agency, authority, board, commission, office or other entity under other applicable laws of the commonwealth as if the consolidated permit had been directly granted by said agency, authority, board, commission, office or other entity.
Section 69U. (a) Upon request by an applicant and upon a showing of good cause, the board may issue a consolidated permit for a small clean transmission and distribution infrastructure facility that is not automatically subject to the jurisdiction of the board pursuant to section 69G, if the applicant petitions the board to be granted a consolidated permit for such facility. The board shall review such petition in accordance with subsections (b) and (c). The board may issue such consolidated permit upon finding that the small clean transmission and distribution infrastructure facility will serve the public convenience and is consistent with the public interest. Upon application for a consolidated permit under this section, no applicant shall commence construction of a small clean transmission and distribution infrastructure facility at a site unless a consolidated permit for construction of that small clean transmission and distribution infrastructure facility pursuant to this section has been approved by the board. For purposes of this section, “construction” shall not include contractual obligations to purchase such facilities or equipment.
(b) The board shall establish the same criteria governing the siting and permitting of small clean transmission and distribution infrastructure facilities eligible to submit an application under this section as it is required to establish for large clean energy infrastructure facilities pursuant to subsection (b) of section 69T. An application for a consolidated permit for a small clean transmission and distribution infrastructure facility shall include the same elements as required for large clean transmission and distribution infrastructure facilities under subsection (c) of said section 69T. Subject to subsection (c), subsections (d) to (i), inclusive, of said section 69T shall apply to the process followed by the board regarding the issuance of a consolidated permit to any small clean transmission and distribution infrastructure facility under this section.
(c) The board shall establish timeframes and procedures for reviewing different types of small clean transmission and distribution infrastructure facilities based on the complexity of the facility and the need for an exemption from local zoning requirements, but in no instance shall the board take more than 12 months from the determination of application completeness to render a final decision on an application. The board shall have the authority to approve, approve with conditions or reject a permit application. If no final decision is issued within the deadline for the type of small clean transmission and distribution infrastructure facility established by the board, the board shall issue a permit granting approval to construct that adopts the common conditions and requirements established by the board in regulation for the type of small clean transmission and distribution infrastructure facility under review, which shall be deemed a final decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all individual permits, approvals or authorizations that would otherwise be necessary for the construction and operation of the small clean transmission and distribution infrastructure facility and the portion of the consolidated permit that relates to subject matters within the jurisdiction of a municipal, regional or state agency, authority, board, commission, office or other entity shall be enforced by said agency, authority, board, commission, office or other entity under the other applicable laws of the commonwealth as if the consolidated permit had been directly granted by said agency, authority, board, commission, office or other entity.
Section 69V. (a) The board may issue a consolidated permit for a small clean energy generation facility or a small clean energy storage facility. An owner or proponent of a small clean energy generation facility or a small clean energy storage facility may submit an application to the board to be granted a consolidated permit that shall include all state permits necessary to construct the small clean energy generation facility or small clean energy storage facility. All local government permits and approvals for a small clean energy generation facility or a small clean energy storage facility shall be issued separately pursuant to section 21 of chapter 25A.
(b) The board shall establish the same criteria governing the siting and permitting of small clean energy generation facilities and small clean energy storage facilities eligible to submit an application under this section as it is required to establish for large clean energy infrastructure facilities pursuant to subsection (b) of section 69T. An application for a consolidated permit for a small clean energy generation facility or small clean energy storage facility eligible to submit an application under this section shall include the same elements as required for a large clean energy generation facility and a large clean energy storage facility under subsection (d) of said section 69T. Subsections (e) to (g), inclusive, of said section 69T shall apply to the issuance of a consolidated permit to any small clean energy generation facility or small clean energy storage facility under this section.
(c) The board shall not take more than 12 months from the determination of application completeness to render a final decision on an application. The board may approve, approve with conditions or reject a permit application. If no final decision is issued within the deadline for the type of small clean energy generation facility or small clean energy storage facility established by the board, the board shall issue a permit granting approval to construct that adopts the common conditions and requirements established by the board in regulation for the type of small clean energy generation facility or small clean energy storage facility under review, which shall be deemed a final decision of the board. A consolidated permit shall be in the form of a composite of all individual permits, approvals or authorizations that would otherwise be necessary for the construction and operation of the small clean energy generation facility or small clean energy storage facility and that portion of the consolidated permit that relates to subject matters within the jurisdiction of a municipal, regional or state agency, authority, board, commission, office or other entity shall be enforced by said agency, authority, board, commission, office or other entity under the other applicable laws of the commonwealth as if the consolidated permit had been directly granted by said agency, authority, board, commission, office or other entity.
Section 69W. (a) An owner or proponent of a small clean energy infrastructure facility that has received a final decision on, or a constructive approval of, a consolidated permit application from a local government, as defined in section 21 of chapter 25A, or other parties substantially and specifically affected by the decision of the local government may submit a request for a de novo adjudication of the local permit application by the director. Subject to subsection (g) of said section 21 of said chapter 25A, a local government may also submit a request for a de novo adjudication if their resources, capacity and staffing do not allow for review of a small clean energy infrastructure facility’s permit application within the required maximum 12-month timeframe for local government review established in said section 21 of said chapter 25A. Review by the director of the request for de novo adjudication shall be deemed an adjudicatory proceeding under chapter 30A.
(b) A request for a de novo adjudication by an owner or proponent of a small clean energy infrastructure facility or other party substantially and specifically affected by a final decision of a local government shall be filed within 30 days of such decision.
(c) Upon determination that at least 1 party seeking a de novo adjudication is substantially and specifically affected, the director of the board shall review the request and the local government’s final decision for consistency with the regulations adopting statewide permitting standards for such facilities established by the department of energy resources pursuant to section 21 of chapter 25A. The director shall render a decision on the request within 6 months of receipt of the application and such decision shall be final. If the local government’s decision is found to be inconsistent with the regulatory standards established by the department of energy resources, the director may issue a final decision that supersedes the local government’s prior decision and imposes new local permit conditions that are consistent with the laws of the commonwealth.
(d) The board shall establish regulations governing the process the director shall follow to conduct the review of requests for de novo adjudication under this section.
SECTION 75. Said chapter 164 is hereby further amended by striking out sections 72 and 72A, as appearing in the 2022 Official Edition, and inserting in place thereof the following 2 sections:-
Section 72. An electric company, distribution company, generation company, transmission company or any other entity providing or seeking to provide transmission service may petition the energy facilities siting board for authority to construct and use, or to continue to use as constructed or with altered construction, a line for the transmission of electricity for distribution in some definite area or for supplying electricity to itself, another electric company or a municipal lighting plant for distribution and sale or to a railroad, street railway or electric railroad for the purpose of operating it and shall represent that such line will or does serve the public convenience and is consistent with the public interest. The company or other entity providing or seeking to provide transmission service shall forward at the time of filing such petition a copy thereof to each municipality within such area. The company or other entity shall file with such petition a general description of such transmission line and a map or plan showing the municipalities through which the line will or does pass and its general location. The company or other entity shall also furnish an estimate showing in reasonable detail the cost of the line and such additional maps and information as the energy facilities siting board requires. The energy facilities siting board, after notice and a public hearing in at least 1 of the municipalities affected, may determine that said line is necessary for the purpose alleged, will serve the public convenience and is consistent with the public interest. If the electric company, distribution company, generation company or transmission company or any other entity providing or seeking to provide transmission service shall file with the energy facilities siting board a map or plan of the transmission line showing the municipalities through which it will or does pass, the public ways, railroads, railways, navigable streams and tide waters in the municipality named in said petition that it will cross and the extent to which it will be located upon private land or upon, under or along public ways and places, the energy facilities siting board, after such notice as it may direct, shall hold a public hearing in at least 1 of the municipalities through which the line passes or is intended to pass. The energy facilities siting board may by order authorize an electric company, distribution company, generation company, transmission company or any other entity to take by eminent domain under chapter 79 such lands or such rights of way or widening thereof or other easements therein necessary for the construction and use or continued use as constructed or with altered construction of such line along the route prescribed in the order of the energy facilities siting board. The energy facilities siting board shall transmit a certified copy of its order to the company and the clerk of each affected municipality. The company or other entity may at any time before such hearing modify the whole or a part of the route of said line, either of its own motion or at the insistence of the energy facilities siting board or otherwise and, in such case, shall file with the energy facilities siting board maps, plans and estimates as aforesaid showing such changes. If the energy facilities siting board dismisses the petition at any stage in said proceedings, no further action shall be taken thereon and the company may file a new petition not less than 1 year after the date of such dismissal. When a taking under this section is effected, the company may forthwith, except as hereinafter provided, proceed to erect, maintain and operate thereon said line. If the company or other entity does not enter upon and construct such line upon the land so taken within 1 year thereafter, its right under such taking shall cease and terminate. No lands or rights of way or other easements therein shall be taken by eminent domain under the provisions of this section in any public way, public place, park or reservation or within the location of any railroad, electric railroad or street railway company except with the consent of such company and on such terms and conditions as it may impose or except as otherwise provided in this chapter and no electricity shall be transmitted over any land, right of way or other easement taken by eminent domain as herein provided until the electric company, distribution company, generation company, transmission company or any other entity shall have acquired from the select board, city council or such other authority having jurisdiction all necessary rights in the public ways or public places in the municipality or municipalities, or in any park or reservation, through which the line will or does pass. No land, rights of way or other easements therein in any public way, public park, reservation or other land subject to Article 97 of the Amendments to the Constitution of the Commonwealth shall be taken by eminent domain under this section except in accordance with said Article 97. No entity shall be authorized under this section or section 69R or section 24 of chapter 164A to take by eminent domain any lands or rights of way or other easements therein held by an electric company or transmission company to support an existing or proposed transmission line without the consent of the electric company or transmission company.
No electric company, distribution company, generation company, transmission company or any other entity providing or seeking to provide transmission services shall be required to petition the energy facilities siting board under this section unless it is seeking authorization to take lands, rights of way or other easements under chapter 79.
Section 72A. The energy facilities siting board may, upon petition, authorize an electric company to enter upon lands of any person or corporation for the purpose of making a survey preliminary to eminent domain proceedings. The energy facilities siting board shall give notice of the authorization granted, by registered mail, to the landowners involved not less than 5 days prior to any entry by such electric company. The company entering upon any such lands shall be subject to liability for any damages occasioned thereby to be recovered under chapter 79.
SECTION 76. Said chapter 164 is hereby further amended by striking out section 75C, as so appearing, and inserting in place thereof the following section:-
Section 75C. A natural gas pipeline company may petition the energy facilities siting board for the right to exercise the power of eminent domain under chapter 79. Such company shall file with the petition a general description of the pipeline and a map or plan thereof showing the rights of way, easements and other interests in land or other property proposed to be taken for such use, the towns through which the pipeline will pass, the public ways, railroads, railways, navigable streams and tide waters in the towns named in the petition that it will cross and the extent to which it will be located upon private land and upon, under or along public ways, lands and places. Upon the filing of such petition, the energy facilities siting board, after such notice as it may direct, shall provide notice to each municipality through which the pipeline is intended to pass and hold a public hearing in at least 1 of the towns through which the pipeline is intended to pass and may, by order, authorize the company to take by eminent domain under said chapter 79 such lands or such rights of way, easements or other interests in land or other property necessary for the construction, operation, maintenance, alteration and removal of the pipeline, compressor stations, appliances, appurtenances and other equipment along the route described in the order of the energy facilities siting board. The energy facilities siting board shall transmit a certified copy of its order to the company and the town clerk of each affected town. At any time before such hearing, the company may modify the whole or a part of the route of the pipeline, either of its own motion or at the insistence of the energy facilities siting board or otherwise and, in such case, shall file with the energy facilities siting board maps, plans and estimates showing such changes. If the energy facilities siting board dismisses the petition at any stage in the proceedings, no further action shall be taken thereon and the company may file a new petition not sooner than 1 year after the date of such dismissal.
When a taking under this section is effected, the company may forthwith, except as hereinafter provided, proceed to construct, install, maintain and operate thereon such pipeline. If the company shall not enter upon and construct such line upon the land so taken within 1 year thereafter, its right under such taking shall cease and terminate. No lands or rights of way or easements therein shall be taken by eminent domain under the provisions of this section in any public way, public place, park or reservation or within the location of any railroad, electric railroad or street railway company, except that such pipeline may be constructed under any public way or any way dedicated to the public use; provided, however, that the rights granted hereunder shall not affect the right or remedy to recover damages for an injury caused to persons or property by the acts of such company; provided further, that such company shall put all such streets, lanes and highways in as good repair as they were when opened by such company and the method of such construction and the plans and specifications therefor have been approved either generally or in any particular instance by the energy facilities siting board or, in the case of state highways, by the department of highways. A natural gas pipeline company may construct such lines under, over or across the location on private land of any railroad, electric railroad or street railway corporation subject to section 73. Rights of way, buildings, structures or lands to be used in the construction of such pipelines over or upon the lands referred to therein shall be governed by section 34A of chapter 132.
SECTION 77. The first paragraph of section 92 of said chapter 164, as so appearing, is hereby amended by adding the following 2 sentences:- Notwithstanding any general or special law to the contrary, in determining whether to issue an order directing a corporation to supply a petitioner with gas service, the department shall consider: (i) whether the grant of the petition is in the public interest, including the public interest in reducing greenhouse gas emissions and complying with the limits and sublimits established pursuant to chapter 21N; and (ii) whether, in the totality of the circumstances, the petitioner can secure adequate substitutes for gas-fired services for space heating, water heating and cooking appliances which, in the case of space heating, may include thermal energy that provides heating or cooling without combustion. The department may, in order to advance the public interest in reducing greenhouse gas emissions and complying with the limits and sublimits established pursuant to said chapter 21N, order actions that may vary the uniformity of the availability of natural gas service.
SECTION 78. Subsection (c) of section 92B of said chapter 164, as so appearing, is hereby amended by striking out clauses (ii) and (iii) and inserting in place thereof the following 3 clauses:-
(ii) consider and include a summary of all proposed and related investments, alternatives to these investments and alternative approaches to financing these investments that have been reviewed, are under consideration or have been approved by the department previously;
(iii) solicit input, such as planning scenarios and modeling, from the Grid Modernization Advisory Council established in section 92C, respond to information and document requests from said council and conduct technical conferences and not less than 2 stakeholder meetings to inform the public, appropriate state and federal agencies and companies engaged in the development and installation of distributed generation, energy storage, vehicle electrification systems and building electrification systems; and
(iv) prepare and file a climate vulnerability and resilience plan at least once every 5 years based on best available data, which shall include, but not be limited to, the following:
(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.
SECTION 79. Said chapter 164 is hereby further amended by inserting after section 116B, the following section:-
Section 116C. (a) Distribution companies deploying advanced metering infrastructure in their territories shall jointly establish a centralized data repository to allow customers and third parties, including competitive suppliers, access to advanced metering data, including billing, interval usage and load data, in near-real time for all customer classes. The centralized data repository shall be developed in a cost-effective manner as approved by the department.
(b) A supplier or other third party shall be entitled to access detailed advanced metering infrastructure customer data from the centralized data repository, subject to appropriate customer approval and protections. Advanced metering infrastructure data may include, but shall not be limited to, customer billing period usage data, peak demand, supplier information and relevant account information.
(c) Electric customers may opt out of inclusion in the implementation of advanced metering infrastructure with notice to the distribution company. Upon receiving such notice, the distribution company shall remove the customer from the implementation plan, notify the department of the customer’s decision to opt out of such implementation plan in a manner determined by the department and charge such a customer any reasonable and necessary fees for delivering non-advanced metering service.
(d) Distribution companies shall implement accelerated switching permitting a residential or small commercial electric customer to change suppliers within 3 business days. Customers moving within a distribution company’s territory shall be permitted to transfer their supplier directly to their new service location without being required to switch to an interim rate provided by the distribution company or other supplier. Customers establishing electric service shall be permitted to take service from their supplier on the first day of service. Customers shall not be required to take basic service from a distribution company prior to selecting and switching to a supplier. Notwithstanding the requirements of this subsection, a distribution company shall not implement accelerated switching until the advanced metering infrastructure, approved by the department in calendar year 2022 as part of a company’s grid modernization plan, is fully deployed.
(e) Distribution companies shall be entitled to recovery of prudent and necessary expenses for the implementation of advanced metering data repositories. The department may implement penalties for failure of distribution companies to meet implementation goals.
SECTION 80. Section 141 of said chapter 164, as appearing in the 2022 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Where the scale of on-site generation would have an impact on affordability for low income or eligible moderate income customers, a fully compensating adjustment shall be made to the low income or moderate income rate discount.
SECTION 81. Said chapter 164 is hereby further amended by striking out section 145, as so appearing, and inserting in place thereof the following section:-
Section 145. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise,:-
“Customer”, a retail natural gas customer.
“Eligible infrastructure measure”, a replacement, retirement or an improvement of existing infrastructure of a gas company that: (i) is made on or after January 1, 2015; (ii) is designed to improve public safety or infrastructure reliability; (iii) does not increase the revenue of a gas company by connecting an improvement for a principal purpose of serving new customers; (iv) reduces, or has the potential to reduce, lost and unaccounted for natural gas through a reduction in natural gas system leaks; (v) is not included in the current rate base of the gas company as determined in the gas company's most recent rate proceeding; (vi) may include use of advanced leak repair technology approved by the department to repair an existing leak-prone gas pipe to extend the useful life of the such gas pipe by no less than 10 years; and (vii) may include replacing gas infrastructure with utility-scale non-emitting renewable thermal energy infrastructure.
“Non-emitting renewable thermal infrastructure”, utility-scale distribution infrastructure that supplies heating or cooling from energy sources that do not emit greenhouse gas emissions as defined in section 1 of chapter 21N; provided, however, that such infrastructure may include, but shall not be limited to including, infrastructure for networked geothermal and deep geothermal energy.
“Plan”, a detailed compilation of eligible infrastructure measures that a gas company files pursuant to subsection (b).
“Project”, an eligible infrastructure measure proposed by a gas company in a plan filed under this section.
(b) A gas company shall file with the department a plan to address aging or leaking natural gas infrastructure within the commonwealth and the leak rate on the gas company's natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks. Each company's gas infrastructure plan shall include interim targets for the department's review. The department shall review these interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak rate in a safe and timely manner and comply with the limits and sublimits established pursuant to chapter 21N of the general laws. The interim targets shall be for periods of not more than 6 years or at the conclusion of 2 complete 3-year walking survey cycles conducted by the gas company. The gas companies shall incorporate these interim targets into timelines for removing all leak-prone infrastructure filed pursuant to subsection (c) and may update them based on overall progress. The department may levy a penalty against any gas company that fails to meet its interim target in an amount up to and including the equivalent of 2.5 per cent of such gas company's transmission and distribution service revenues for the previous calendar year.
(c) Any plan filed with the department shall include, but not be limited to: (i) eligible infrastructure measures concerning mains, services, meter sets and other ancillary facilities composed of non-cathodically protected steel, cast iron and wrought iron, prioritized to implement the federal gas distribution pipeline integrity management plan annually submitted to the department and consistent with subpart P of 49 C.F.R. part 192; (ii) an anticipated timeline for the completion of each project; (iii) the estimated cost of each project; (iv) rate change requests; (v) a description of customer costs and benefits under the plan, including the costs of potential stranded assets and the benefits of avoiding financial exposure to such assets; (vi) the relocations, where practical, of a meter located inside of a structure to the outside of said structure for the purpose of improving public safety; and (vii) any other information the department considers necessary to evaluate the plan.
As part of each plan filed under this section, a gas company shall include a timeline for removing or remediating all leak-prone infrastructure on an accelerated basis specifying an annual pace and program end date with a target end date of: (i) not more than 20 years from the filing of a gas company's initial plan; or (ii) a reasonable target end date considering the allowable recovery cap established pursuant to subsection (f). The department shall not approve a timeline as part of a plan unless the allowable recovery cap established pursuant to subsection (f) provides the gas company with a reasonable opportunity to recover the costs associated with removing or remediating all leak-prone infrastructure on the accelerated basis set forth under the timeline utilizing the cost recovery mechanism established pursuant to this section. After filing the initial plan, a gas company shall, at 5-year intervals, provide the department with a summary of its progress to date, a summary of work to be completed during the next 5 years and any similar information the department may require. The department may require a gas company to file an updated long-term timeline as part of a plan if it alters the cap established pursuant to subsection (f).
(d) If a gas company files a plan on or before October 31 for the subsequent construction year, the department shall review the plan within 6 months. The plan shall be effective as of the date of filing, pending department review. The department may modify a plan prior to approval at the request of a gas company or make other modifications to a plan as a condition of approval. The department shall consider the costs and benefits of the plan including, but not limited to, impacts on ratepayers, reductions of lost and unaccounted for natural gas through a reduction in natural gas system leaks and improvements to public safety, and reducing greenhouse gas emissions in compliance with the limits and sublimits established in chapter 21N. The department shall give priority to plans narrowly tailored to addressing leak-prone infrastructure most immediately in need of remediation.
(e) If a plan is in compliance with this section and the department determines the plan operates in a balanced manner to reasonably accelerate eligible infrastructure measures and provide benefits, the department shall issue preliminary acceptance of the plan in whole or in part. A gas company shall then be permitted to begin recovery of the estimated costs of projects included in the plan beginning on May 1 of the year following the initial filing and collect any revenue requirement, including depreciation, property taxes and return associated with the plan.
(f) On or before May 1 of each year, a gas company shall file final project documentation for projects completed in the prior year to demonstrate substantial compliance with the plan approved pursuant to subsection (e) and that project costs were reasonably and prudently incurred. The department shall investigate project costs within 6 months of submission and shall approve and reconcile the authorized rate factor, if necessary, upon a determination that the costs were reasonable and prudent. Annual changes in the revenue requirement eligible for recovery shall not exceed (i) 1.5 per cent of the gas company's most recent calendar year total firm revenues, including gas revenues attributable to sales and transportation customers, or (ii) an amount determined by the department that is greater than 1.5 per cent of the gas company's most recent calendar year total firm revenues, including gas revenues attributable to sales and transportation customers. Any revenue requirement approved by the department in excess of such cap may be deferred for recovery in the following year.
(g) All rate change requests made to the department pursuant to an approved plan, shall be filed annually on a fully reconciling basis, subject to final determination by the department pursuant to subsection (f). The rate change included in a plan pursuant to section (c), reviewed pursuant to subsection (d) and taking effect each May 1 pursuant to subsection (e) shall be subject to investigation by the department pursuant to subsection (f) to determine whether the gas company has over collected or under collected its requested rate adjustment with such over collection or under collection reconciled annually. If the department determines that any of the costs were not reasonably or prudently incurred, the department shall disallow the costs and direct the gas company to refund the full value of the costs charged to customers with the appropriate carrying charges on the over-collected amounts. If the department determines that any of the costs were not in compliance with the approved plan, the department shall disallow the costs from the cost recovery mechanism established under this section and shall direct the gas company to refund the full value of the costs charged to customers with the appropriate carrying charges on the over collected amounts.
(h) The department may promulgate rules and regulations under this section. The department may discontinue a plan and require a gas company to refund any costs charged to customers due to failure to substantially comply with a plan or failure to reasonably and prudently manage project costs.
SECTION 82. Said chapter 164 is hereby further amended by adding the following 3 sections:-
Section 149. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise,:-
“Director”, the director of the division of public participation.
“Division of public participation”, established in section 12T of chapter 25.
“Fund”, the Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund established in section 12S of chapter 25.
“Governmental body”, a city, town, district, regional school district, county or agency, board, commission, authority, department or instrumentality of a city, town, district, regional school district or county.
“Grantee”, an organization, entity, governmental body, federally recognized tribe, state-acknowledged tribe or state-recognized tribe that has received a grant award under this section.
“Office of environmental justice and equity”, established in section 29 of chapter 21A.
“Prospective grantee”, an organization, entity, governmental body, federally recognized tribe, state-acknowledged tribe or state-recognized tribe that has applied or plans to apply for a grant under this section.
(b) The department may make available as grants funds deposited into the fund to parties that have been granted intervenor status by the department or the board pursuant to clause (4) of the second sentence of the first paragraph of section 10 of chapter 30A and corresponding department and board regulations, and that are: (i) organizations and entities that advocate on behalf of a relevant subset of residential customers defined geographically or based on specific shared interests; (ii) organizations and entities that advocate on behalf of low income or moderate income residential populations, residents of historically marginalized or overburdened and underserved communities; or (iii) governmental bodies, including regional planning agencies, federally recognized tribes, state-acknowledged tribes or state-recognized tribes. Any grants awarded pursuant to this section may be used only in proceedings before the department or the board, and not for any judicial appeal of such agencies’ final decisions.
(c) The director, in consultation with the office of environmental justice and equity, shall establish criteria to determine whether, and to what extent, a prospective grantee shall be eligible to receive a grant award pursuant to this section. Such criteria shall include, but shall not be limited to, whether the prospective grantee: (i) lacks the financial resources that would enable it to intervene and participate in a department or board proceeding absent a grant award pursuant to this section; and (ii) previously intervened in department or board proceedings prior to the establishment of the intervenor support grant program pursuant to this section; provided, however, that a municipality with a population of less than 7,500 that is a prospective grantee for a proceeding pertaining to a facility, large clean energy infrastructure facility or small clean energy infrastructure facility, as those terms are defined in section 69G, within its boundaries shall not be required to meet the criteria pursuant to this paragraph to receive a grant award.
(d) A prospective grantee seeking funding under this section shall submit a grant application in a form and manner developed by the director demonstrating that the prospective grantee meets the criteria established by the director in accordance with subsection (c). Such grant application shall include: (i) a statement outlining the prospective grantee’s anticipated participation in the department or board proceeding, to the extent it is known at the time of grant application; (ii) a detailed estimate of costs and fees of anticipated attorneys, consultants and experts, including community experts, and all other costs related to the preparation for, and intervention and participation in, the department or board proceeding; and (iii) background information on the attorneys, consultants and experts, including community experts, that the prospective grantee plans to retain if awarded grant funding. The director may, at their discretion, make conditional grant awards to grant applicants that have not yet been granted intervenor status by the department or board; provided, however, that no grant shall be awarded until such intervenor status is granted.
(e) A grant awarded pursuant to this section shall not exceed $150,000 for any single department or board proceeding. The director shall, in the director’s sole discretion, determine the amount of financial support being granted, considering the demonstrated needs of the intervenor and the complexity of the proceeding. The director may, in the director’s sole discretion: (i) upon the petition of a prospective grantee, award a grant exceeding $150,000 only upon a demonstration of good cause, including the complexity of the proceeding in which the grantee is intervening; and (ii) upon the petition of a prospective grantee, provide grant funding in addition to the funding initially requested under section (c) upon a showing that new, novel or complex issues have arisen in the proceeding since the time the grant application was submitted pursuant said subsection (c). The director shall consider the potential for intervenors to share costs through collaborative efforts with other parties to a proceeding as part of determining the amount of funding awarded to any prospective grantee and such intervenors shall be expected to reduce duplicative costs to the extent possible in instances where the position or positions of multiple intervenors align.
(f) The aggregate grant funding for any individual department or board proceeding shall not exceed $500,000; provided, however, that where the aggregate amount of funding being requested exceeds $500,000, funding shall be allocated to prospective grantees based on their relative financial hardship. The director may, at the director’s discretion and upon a determination of good cause, provide funding exceeding $500,000 for any individual department or board proceeding.
(g) Ten per cent of grant funds awarded to a grantee, or a greater percentage as determined by the director at the director’s sole discretion, may be expended on non-legal, non-expert and non-consultant administrative costs directly attributable to the intervention and participation in a proceeding before the department or board. All remaining grant funds may be expended to retain qualified legal counsel, experts and consultants to assist in proceedings before the department or board; provided, however, that such funds may be used to retain qualified community experts, which shall include residential ratepayers and residents with lived experience that can inform such proceedings. Such funding may be expended for administrative, legal, consultant and expert costs associated with an intervention petition submitted pursuant to clause (4) of the first paragraph of section 10 of chapter 30A or section 10A of said chapter 30A and any department or board regulations, if applicable.
(h) All grant payments to grantees shall be made from the fund. Such grant payments shall be made only for reasonable costs incurred and upon submission of a grant payment request by the grantee. Such grant payment requests shall be in a form and manner as prescribed by the director and grant payments shall be made within 30 days of receipt of such grant payment requests by the director to the grantee or to the entity designated by the grantee to receive grant payments. The director, at the director’s discretion or as provided for in regulations promulgated pursuant to this section, may provide grant payments before such costs are incurred by the grantee upon a showing of financial hardship by the grantee. Within 30 days of the completion of any proceeding in which a grantee has received an award from the fund, each grantee shall submit a report that: (i) identifies the use of the funds during the proceeding; (ii) the substantial contribution provided by its participation; and (iii) a demonstration that its participation and the use of the funding did not cause a delay in the proceeding.
(i) All decisions pertaining to the issuance of financial support shall be made solely by the director. The director shall have sole discretion to deny funding to a prospective grantee that demonstrates a pattern of repeatedly delaying or obstructing, or attempting to repeatedly delay or obstruct, proceedings or otherwise misuses or has misused funds. The director shall have full discretion as to whether to approve or deny a request for intervenor funding. Applicants shall have no legal right or privilege to funding and shall not be entitled to any further review if denied by the director.
(j) In the department’s annual report required pursuant to section 2 of chapter 25, the director shall include a report describing all activities of the fund, including, but not limited to: (i) amounts credited to the fund, amounts expended from the fund and any unexpended balance; (ii) a summary of the intervenor support grant fund application process; (iii) the number of grant applications received, the number and amount of awards granted, and the number of grant applications rejected; (iv) the number of intervenors who participated in proceedings with and without support from the fund; (v) an itemization of costs incurred by and payments made to grantees; (vi) an evaluation of the impact and contribution of grantees in department and board proceedings; (vii) a summary of education and outreach activities conducted by the division of public participation related to the intervenor support grant program; and (viii) any recommended changes to the program.
(k) The director shall develop: (i) accessible, multi-lingual and easily comprehensible web-based educational materials, including forms and templates, to educate prospective grantees and the public on the intervenor support grant program; and (ii) a robust virtual and in-person outreach program to educate prospective grantees and the public about the intervenor support grant program.
(l) The department, in consultation with the board, shall promulgate regulations to implement this section.
Section 150. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Advanced conductors”, any hardware technology that can conduct electricity across transmission and distribution lines and demonstrate enhanced performance over traditional conductor products.
“Advanced power flow control”, any hardware or software technologies used to push or pull electric power in a manner that balances overloaded lines and underutilized corridors within the distribution or transmission system.
“Advanced reconductoring”, the application of advanced conductors to increase the capacity and efficiency of the existing electric grid.
“Advanced transmission technology”, a technology that increases the capacity, efficiency, or reliability of an existing or new transmission facility, including: high-temperature lines, including superconducting cables; underground cables; advanced conductor technology including advanced composite conductors, high-temperature low-sag conductors, and fiber optic temperature sensing conductors; high-capacity ceramic electric wire, connectors, and insulators; optimized transmission line configurations, including multiple phased transmission lines; modular equipment; wireless power transmission; ultra-high voltage lines; high-voltage DC technology; flexible alternating current transmission systems; energy storage devices, including pumped hydro, compressed air, superconducting magnetic energy storage, flywheels, and batteries; controllable load; distributed generation, including photovoltaic fuel cells, and microturbines; enhanced power device monitoring; direct system state sensors; fiber optic technologies; power electronics and related software, including real time monitoring and analytical software; mobile transformers and mobile substations; and any other technologies the Federal Energy Regulatory Commission considers appropriate.
“Dynamic line rating”, any hardware or software technology used to appropriately update the calculated thermal limits of existing distribution or transmission lines based on real-time and forecasted weather conditions.
“Grid-enhancing technology”, any hardware or software technology that enables enhanced or more efficient performance from the electric distribution or transmission system, including, but not limited to, dynamic line rating, advanced power flow control technology, topology optimization and energy storage when used as a distribution or transmission resource.
“Topology optimization”, any hardware or software technology that identifies reconfigurations of the distribution or transmission grid and can enable the routing of power flows around congested or overloaded distribution or transmission elements.
(b) To the extent authorized by federal law, for base rate proceedings and other proceedings in which a distribution or transmission company proposes capital improvements or additions to the distribution or transmission system, the distribution or transmission company shall conduct a cost-effectiveness and timetable analysis of multiple strategies, including, but not limited to, the deployment of advanced transmission technologies, advanced conductors, grid-enhancing technologies, or energy storage used as a distribution or transmission resource. Where advanced transmission technologies, advanced conductors, grid-enhancing technologies, or energy storage used as a distribution or transmission resource, whether in combination with or instead of capital investments, offer a more cost-effective strategy for achieving distribution or transmission goals, including, but not limited to, distributed energy resource interconnection, grid reliability and enhanced cyber and physical security, the department, to the extent permitted under federal law, may approve the deployment of advanced transmission technologies, advanced conductors, grid-enhancing technologies or energy storage used as a distribution or transmission resource.
(c) As part of a base rate filing or other filing in which a distribution or transmission company proposes capital improvements or additions to the distribution or transmission system, the distribution or transmission company may propose a performance incentive mechanism that provides a financial incentive for the cost-effective deployment of advanced transmission technologies, advanced reconductoring, grid-enhancing technologies or energy storage used as a distribution or transmission resource.
(d) Once every 5 years, not later than September 1 of the fifth year, each distribution company and, to the extent permitted by federal law and in a format determined by the department, each transmission company shall make a compliance filing with the department and provide a separate report to both ISO-NE and the joint committee on telecommunications, utilities and energy on the deployment of advanced transmission technologies, advanced conductors, grid-enhancing technologies or energy storage used as a distribution or transmission resource.
Section 151. (a) For the purposes of this section, “meter socket adapter” shall mean an electronic device that is installed between a residential electric meter and the meter socket, for the purpose of facilitating the deployment of customer-owned or customer-leased technology.
(b) An electric company shall authorize the installation and operation of a meter socket adapter, whether the meter socket is owned by a residential customer or by a third-party, if the meter socket adapter:
(i) is qualified to be connected to the supply side of the service disconnect pursuant to the applicable provisions of the National Electric Code;
(ii) is approved or listed by a nationally recognized testing laboratory and is rated appropriately for the meter socket into which it is intended to be installed;
(iii) is certified to meet all applicable standards, as determined by a nationally recognized testing laboratory approved by the department; and
(iv) does not prevent access to the sealed meter socket compartment or the pull section of the service section of the electric meter or switchboard, as applicable.
(c) A manufacturer of a meter socket adapter, a third-party, a residential customer or an electric company shall all be allowed to install, maintain or service a meter socket adapter or associated equipment.
(d) An electric company shall approve or disapprove a request for approval of a specific model of meter socket adapter for installation in its service area not later than 60 days after a manufacturer, a third-party or a residential customer submits a request for approval of the specific model of meter socket adapter. An electric company shall provide public notice of all decisions approving a meter socket adapter, including by posting the information on the company’s website. Should an electric company disapprove a specific model of meter socket adapter, the electric company shall provide an explanation to the requesting vendor providing the reasons the application was denied.
(e) The department may adopt rules and regulations as necessary to implement the provisions of this section.
SECTION 83. Chapter 166 of the General Laws is hereby amended by striking out section 28, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
Section 28. A company subject to this chapter, except a telegraph or telephone company, desiring to construct a line for the transmission of electricity that will, of necessity, pass through at least 1 city or town to connect the proposed termini of such line, whose petition for the location necessary for such line has been refused or has not been granted within 3 months after the filing thereof by the city council or the select board of the town through which the company intends to construct such line, may apply to the energy facilities siting board for such location. The energy facilities siting board shall hold a public hearing thereon after notice to the city council or select board refusing or neglecting to grant such location and to all persons owning real estate abutting upon any way in the city or town where such location is sought, as such ownership is determined by the last assessment for taxation. The energy facilities siting board shall, if requested by the city council or select board, hold the hearing in the city or town where the location is sought. If it appears at the hearing that the company has already been granted, and has accepted, a location for such line in 2 cities or in 2 towns or in a city and town adjoining the city or town refusing or neglecting to grant a location or if it appears at the hearing that the company has already been granted, and has accepted, locations for such line in a majority of the cities or towns through which such line will pass and if the energy facilities siting board deems the location necessary for public convenience and in the public interest, the board may by order grant a location for such line in the city or town with respect to which the application is made and shall have and exercise the powers and authority conferred by section 22 upon the city council or select board and in addition to the provisions of law governing such company may impose such other terms, limitations and restrictions as it deems the public interest may require. The energy facilities siting board shall cause an attested copy of its order, with the certificate of its clerk endorsed thereon that the order was adopted after due notice and a public hearing, to be forwarded to the city or town clerk, who shall record the same and furnish attested copies thereof. The company in whose favor the order is made shall pay for such record and attested copies the fees provided by clauses 31 and 32, respectively, of section 34 of chapter 262.
SECTION 84. Section 6 of chapter 183A of the General Laws, as so appearing, is hereby amended by striking out, in lines 37 to 42, inclusive, the words “any energy conservation device installed in a unit, not already separately metered for water and utilities, including but not limited to the installation of separate water meters, low-flow toilets and showerheads, faucet aerators, windows and storm windows; provided, however, that a unit owner required to install such energy conservation” and inserting in place thereof the following words:- a device installed pursuant to an action taken by a corporation, trust or association pursuant to section 10; provided, however, that a unit owner required to install such.
SECTION 85. Subsection (b) of section 10 of said chapter 183A, as so appearing, is hereby amended by striking out clause (6) and inserting in place thereof the following clause:-
(6) to require reasonable measures to facilitate energy savings, energy efficiency and greenhouse gas emissions reductions and, in furtherance of such measures, to cause the installation of devices that result in energy savings, energy efficiency and greenhouse gas emissions reductions in all units not already separately metered for water and utilities; provided, however, that such measures and devices shall not include solar energy systems, the installation of which shall be governed by section 18; provided further, that electric vehicle supply equipment as defined in section 2 of chapter 25B shall only be required in the common areas and facilities in the condominium; provided further, that such devices may include, but shall not be limited to including, separate meters for each unit to monitor the use of water, electricity and other utilities for the unit to which it is attached, low-flow toilets and showerheads, faucet aerators, windows and storm windows; provided further, that such devices and, in the case of electric vehicle supply equipment installed in common areas and facilities, such supply equipment shall not be considered improvements for the purposes of said section 18 if the board of trustees of the organization of unit owners or, if there is no board of trustees, the entity performing its duties, receives the approval of the majority of unit owners in attendance at a meeting for which notice was duly given and which was held for the purpose of voting on the installation of such devices and supply equipment; provided further, that the cost of installation of such devices and, in the case of supply equipment installed in common areas and facilities, of such supply equipment shall be an expense of the organization of unit owners, which may be assessed to the individual unit owners as a special assessment, the amount of which, if such device was installed in each individual unit or in substantially all of the units in the condominium, may be attributable to each unit owner in the amount of the cost of the item installed. The organization of unit owners may assess to each unit owner their proportionate share of the costs for water, electricity and other utilities as measured by the meter attached to the unit. In the event of a conflict between this clause and the master deed, trust or by-laws of a condominium under of this chapter, this clause shall control; provided further, that nothing herein shall be construed to conflict with the state sanitary code, the state building code, the stretch energy code or any municipal opt-in specialized energy code; provided further, that notwithstanding any rights to use common areas reserved for individual unit owners, if the governing board of the organization of unit owners determines to install electric vehicle supply equipment in a common area for the use of all members of the organization, the organization shall develop appropriate terms of use of the supply equipment; and provided further, that the expenses incurred in and proceeds accruing from the exercise of the rights and powers under this clause shall be common expenses and common profits.
SECTION 86. Said chapter 183A is hereby further amended by inserting after section 10 the following section:-
Section 10A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Association”, a condominium association, homeowners’ association, community association, cooperative, trust or other nongovernmental entity with covenants, by-laws and administrative provisions with which the compliance of a homeowner or unit owner is required.
“Dedicated parking space”, a parking space located within an owner’s separate interest or a parking space in a common area but subject to exclusive use rights of an owner including, but not limited to, a deeded parking space, a garage space, a carport or a parking space specifically designated for use by a particular owner.
“Historic district commission”, a commission or other body responsible for administering the rules and regulations of an historic district established by a community pursuant to any general or special law.
“Municipal governing body”, the legislative body of a city or town.
“Neighborhood conservation district”, a district established by a municipal governing body as part of the local zoning code or by-laws for the express purpose of protecting the architectural character of a neighborhood.
“Owner”, a person or group of persons who owns a separate lot, unit or interest, along with an undivided interest or membership interest in the common area of the entire project including, but not limited to, a condominium, planned unit development and parcel subject to a homeowners’ association.
“Reasonable restrictions”, restrictions that do not significantly: (i) increase the cost of electric vehicle supply equipment as defined in section 2 of chapter 25B or the installation thereof; or (ii) significantly decrease its efficiency or specified performance or effectively prohibit the installation.
“Separate interest”, a separate lot, unit or interest to which an owner has exclusive rights of ownership.
(b) Notwithstanding chapters 21, 40C and 183A or any other general or special law to the contrary, a historic district commission, commission or board of a neighborhood conservation district or manager or organization of unit owners of an association shall not prohibit or unreasonably restrict an owner from installing electric vehicle supply equipment, as defined in section 2 of chapter 25B, on or in an area subject to the owner’s separate interest or in an area to which the owner has exclusive use. Nothing in this section shall prohibit a historic district commission, a commission or board of a neighborhood conservation district or a manager or organization of unit owners of an association from setting reasonable restrictions; provided, however, that in setting such restrictions, the commission, board, manager or organization shall give substantial weight to threats posed by climate change and the commonwealth’s obligation to meet the statewide greenhouse gas emission limits and sublimits established under chapter 21N.
(c) Electric vehicle supply equipment shall: (i) be installed at the owner’s expense; (ii) be installed by a licensed contractor or electrician; and (iii) conform to all applicable health and safety standards and requirements imposed by national, state and local authorities and all other applicable zoning, land use or other ordinances and land use permits.
(d) A historic district commission, a commission or board of a neighborhood conservation district or a manager or organization of unit owners of an association may require an owner to submit an application before installing electric vehicle supply equipment. If the commission, board, manager or organization requires such an application and also requires an application for approval of an architectural modification to the property, the application to install electric vehicle supply equipment shall be processed and approved by the commission, board, manager or organization in the same manner as an application for approval of an architectural modification to the property and such application shall not be willfully avoided or delayed; provided, further, that if the commission, board, manager or organization requires such an application and does not require an application for approval of an architectural modification to the property, the application to install electric vehicle supply equipment shall not be willfully avoided or delayed; provided further, that the commission, board, manager or organization shall approve the application if the owner complies with this section and the architectural standards, if any, of the association, historic district or neighborhood conservation district. The approval or denial of an application shall be in writing and if an application is not denied in writing within 60 days after the date of receipt thereof, the application shall be deemed approved unless the delay is the result of a reasonable request for additional information. The association, historic district or neighborhood conservation district shall not assess or charge the owner any fees for the placement of any electric vehicle supply equipment above any reasonable fees for processing the application if any fees exist for all applications for approval of architectural modifications.
(e) The owner and each successive owner of the separate interest or with exclusive rights to the area where the electric vehicle supply equipment is installed shall be responsible for: (i) disclosing to prospective buyers the existence of such supply equipment, its owner and the related responsibilities of the owner pursuant to this section; (ii) disclosing to prospective buyers whether such supply equipment is removable and whether the owner intends to remove the supply equipment in order to install it elsewhere; (iii) the costs of the maintenance, repair and replacement of such supply equipment until such equipment has been removed and the common area is restored after removal; (iv) the costs of any damage to such supply equipment, common area, exclusive common area or separate interest resulting from the installation, maintenance, repair, removal or replacement of such equipment; (v) the cost of electricity associated with the electric vehicle supply equipment; provided, however, that the owner shall connect such supply equipment to the owner’s own electric utility account unless the licensed contractor performing the installation deems that to be impossible; provided further that if the connection is deemed impossible, the association, historic district commission or neighborhood conservation district shall allow the owner to connect such supply equipment to the common electricity account but may require equitable reimbursement by the owner to the association, historic district commission or neighborhood conservation district for electricity costs; and (vi) removing the electric vehicle supply equipment at the owner’s expense if reasonably necessary for the repair, maintenance or replacement of any property of the association, historic district commission, neighborhood conservation district or separate interest.
(f) A historic district commission, a commission or board of a neighborhood conservation district or a manager or organization of unit owners of an association may install electric vehicle supply equipment in a common area reserved for the use of all members or residents of the association or district; provided, however, that the commission, board, manager or organization shall develop appropriate terms of use for such supply equipment.
(g) The executive office of housing and livable communities may promulgate regulations as necessary to implement this section.
SECTION 87. Section 3A of chapter 185 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 35 to 37, inclusive, the words “involves either 25 or more dwelling units or the construction or alteration of 25,000 square feet or more of gross floor area or both” and inserting in place thereof the following words:- involves: (i) not less than 25 dwelling units; (ii) the construction or alteration of not less than 25,000 square feet of gross floor area; (iii) the construction or alteration of a Class I renewable energy generating source as defined in subsection (c) of section 11F of chapter 25A; or (iv) the construction or alteration of an energy storage system as defined in section 1 of chapter 164.
SECTION 88. Said section 3A of said chapter 185 is hereby further amended by striking out the words “involves: (i) not less than 25 dwelling units; (ii) the construction or alteration of not less than 25,000 square feet of gross floor area; (iii) the construction or alteration of a Class I renewable energy generating source as defined in subsection (c) of section 11F of chapter 25A; or (iv) the construction or alteration of an energy storage system defined in section 1 of chapter 164”, inserted by section 87, and inserting in place thereof the following words:- involves either 25 or more dwelling units or the construction or alteration of 25,000 square feet or more of gross floor area or both.
SECTION 89. The first paragraph of section 2 of chapter 465 of the acts of 1956 is hereby amended by inserting after the first sentence, the following sentence:- In discharging its responsibilities and exercising its powers under this chapter, the Authority shall, with respect to itself and the entities with which it contracts or does business, and in a manner consistent with any federal law relating to aeronautics or any regulations promulgated or standards established pursuant thereto, promote commerce, economic prosperity, safety, security, environmental protection and resilience, reductions in greenhouse gas emissions, and environmental justice principles as defined in section 62 of chapter 30 of the General Laws.
SECTION 90. Section 3 of said chapter 465, as most recently amended by section 2 of chapter 660 of the acts of 1977, is hereby further amended by striking out subsection (g) and inserting in place thereof the following subsection:-
(g) To extend, enlarge, improve, rehabilitate, lease as lessor or lessee, maintain, repair, and operate the projects under its control, and to establish rules and regulations for the use of any such project; provided, that the Authority shall, with respect to itself and the entities with which it contracts or does business, and in a manner consistent with any federal law relating to aeronautics or to any regulations promulgated or standards established pursuant thereto, undertake such activities, and promulgate such rules and regulations, in such a manner as to promote commerce, economic prosperity, safety, security, environmental protection and resilience, reductions in greenhouse gas emissions, and environmental justice principles as defined in section 62 of chapter 30 of the General Laws; provided, further, that no such rules or regulations shall conflict with the rules and regulations of any state or federal regulatory body having jurisdiction over the operation of aircraft; and provided, further, that in the enforcement of such rules and regulations the police appointed or employed by the Authority under section 23 shall have within the boundaries of all projects all the powers of police officers and constables of the towns of the commonwealth except the power of serving and executing civil process;
SECTION 91. Section 6 of chapter 665 of the acts of 1956 is hereby amended by striking out the words “state department of public utilities” and inserting in place thereof the following words:- energy facilities siting board.
SECTION 92. Section 3 of chapter 470 of the acts of 1973 is hereby amended by inserting after the definition of “Public place”, inserted by section 3 of chapter 845 of the acts of 1975, the following definition:-
“Solar energy system”, a device or structural design feature, a substantial purpose of which is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.
SECTION 93. Clause (a) of the first paragraph of section 10 of said chapter 470 is hereby amended by adding the following words:- ; provided, however, that the commission shall give substantial weight to the threat posed by climate change and to the commonwealth’s obligation to meet statewide greenhouse gas emission limits and sublimits established under chapter 21N of the General Laws when ruling on applications for certificates of appropriateness for solar energy systems.
SECTION 94. The first paragraph of section 83B of chapter 169 of the acts of 2008, as most recently amended by section 60 of chapter 179 of the acts of 2022, is hereby further amended by striking out the words “83C and 83D” and inserting in place thereof the following words:- 83C, 83D and 83E.
SECTION 95. Said first paragraph of said section 83B of said chapter 169, as so amended, is hereby further amended by inserting after the definition of “Distribution company” the following 2 definitions:-
“Energy services”, operation of infrastructure that increases the deliverability or reliability of clean energy generation or reduces the cost of clean energy generation. Such infrastructure shall include, but not be limited to, transmission, energy storage systems, as defined in section 1 of chapter 164 of the General Laws, and demand response technologies.
“Environmental attributes”, all present and future attributes under any and all international, federal, regional, state or other law or market, including, but not limited to, all credits or certificates that are associated, either now or by future action, with clean energy generation, including, but not limited to, those attributes authorized and created by programs developed under subsection (c) section 3 of chapter 21N of the General Laws, and section 11F and section 17 of chapter 25A of the General Laws.
SECTION 96. Said first paragraph of said section 83B of said chapter 169, as so amended, is hereby further amended by striking out the definitions "Long-duration energy storage system” and “Long-term contract” and inserting in place thereof the following 2 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 greater than 10 hours and less than or equal to 24 hours.
“Long-term contract”, a contract for a period of 15 to 30 years for offshore wind energy generation pursuant to section 83C or for clean energy generation pursuant to section 83D, or a contract for a period of up to 30 years for energy storage systems pursuant to section 83E; 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.
SECTION 97. Said first paragraph of said section 83B of said chapter 169, as so amended, is hereby further amended by striking out the definition of “Mid-duration energy storage system” and inserting in place thereof the following 2 definitions:-
“Mid-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 equal to or greater than 4 hours and up to 10 hours.
“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 electricity at its full rated capacity for greater than 24 hours.
SECTION 98. Said chapter 169, as amended by chapter 188 of the acts of 2016, is hereby further amended by inserting after section 83D the following section:-
Section 83E. (a) In order to provide a cost-effective mechanism for facilitating the financing of beneficial, reliable energy storage systems, as defined in section 1 of chapter 164 of the General Laws, on a long-term basis, taking into account the factors outlined in this section, every distribution company shall, in coordination with the department of energy resources, jointly and competitively solicit proposals for energy storage systems and, provided that reasonable proposals have been received, shall enter into cost-effective long-term contracts equal to, in the aggregate, approximately 5,000 megawatts of energy storage systems not later than July 31, 2030, of which 3,500 megawatts shall be mid-duration energy storage, 750 megawatts shall be long-duration energy storage and, if commercially available at a reasonable cost, 750 megawatts shall be multi-day energy storage; provided, however, that existing energy storage systems shall be eligible to participate in any procurement issued under this section.
(b) The timetable and method for solicitation 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 office of 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. The schedule shall ensure that the distribution companies enter into cost-effective long-term contracts for energy storage systems equal to approximately 5,000 megawatts not later than July 31, 2030, of which: (i) approximately 1,500 megawatts of mid-duration storage shall be procured by July 31, 2025, and shall be for environmental attributes only; (ii) approximately 1,000 megawatts of mid-duration storage shall be procured by July 31, 2026; (iii) approximately 1,000 megawatts of mid-duration storage shall be procured by July 31, 2027; and (iv) all remaining energy storage systems capacity shall be procured by July 31, 2030. Each procurement shall consider inclusion of environmental attributes, energy services or a combination of both; provided, however, that the procurement of 1,500 megawatts of mid-duration storage by July 31, 2025 shall be for environmental attributes only. The distribution companies may fulfill their obligations for this procurement by filing contracts with the department of public utilities that were entered into as a result of a solicitation issued under section 17 of chapter 25A of the General Laws. The department of public utilities shall approve, approve in part, or reject any contracts filed by the electric distribution companies for compliance under this section not later than 6 months from the filing date of said contracts. Proposals received pursuant to a solicitation pursuant to this section shall be subject to review by the department of energy resources and the executive office of economic development in consultation with the independent evaluator. The electric distribution companies shall offer technical advice. 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) The department of energy resources may give preference to proposals for environmental attributes or energy services from energy storage systems that provide additional benefits or value to the electric power grid or communities, including, but not limited to: (i) supporting grid resiliency and transmission needs in specific geographic locations; (ii) providing economic opportunities or public health benefits to environmental justice or disadvantaged communities; or (iii) creating economic opportunities in transitioning fossil fuel communities. The department shall give preference to proposals that demonstrate compliance with the provisions of sections 26 to 27F, inclusive, of chapter 149 of the General Laws, and have a history of participation with state or federally certified apprenticeship programs.
(d) In developing proposed long-term contracts, the distribution companies shall consider long-term contracts for energy services, for environmental attributes and for a combination of both energy services and environmental attributes. 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, not later than 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 not later than 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.
(e) The department of public utilities shall promulgate regulations consistent with this section. The regulations shall: (i) allow developers or owners of energy storage systems to submit proposals for long-term contracts; (ii) require that contracts executed by the distribution companies under such proposals are filed with, and approved by, the department of public utilities before they become effective; (iii) provide for an annual remuneration for the contracting distribution company equal to 2.25 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 regional or project-specific transmission costs included in a bid, the department of public utilities may, if it finds such recovery to be in the public interest, authorize or require the relevant parties to seek recovery of such transmission costs from other states or from benefitted entities or populations in other states through federal transmission rates, consistent with policies and tariffs of the Federal Energy Regulatory Commission; and (v) require that the energy storage systems used by a developer or owner under the proposal meet the following criteria: (A) are cost effective to electric ratepayers in the commonwealth over the term of the contract taking into consideration costs and benefits to the ratepayers, including economic and environmental benefits and the equitable allocation of costs to, and the equitable sharing of costs with other states and populations within other states that may benefit from energy storage systems procured by the commonwealth; (B) if applicable, adequately demonstrate project viability in a commercially reasonable timeframe; (C) include benefits to environmental justice populations and low income ratepayers in the commonwealth; and (D) include opportunities for diversity, equity and inclusion, including, at a minimum, a workforce diversity plan and supplier diversity program plan.
(f) A proposed long-term contract shall be subject to the review and approval of the department of public utilities and shall be apportioned among the distribution companies. 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 not later than 45 days following the filing of a proposed long-term contract with the department. The department of public utilities shall take into consideration: (i) the department of energy resources’ recommendations on the costs and benefits to ratepayers, the equitable allocation and sharing of costs to and with other states and populations within other states that may benefit from energy storage systems procured by the commonwealth; and (ii) the requirements of chapter 298 of the acts of 2008 and of the statewide greenhouse gas emissions limits under chapter 21N of the General Laws. The department of public utilities shall consider the 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 in the public interest and is a cost-effective mechanism for procuring beneficial, reliable energy storage systems 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.
(g) The department of energy resources and the attorney general shall jointly select, and the department of energy resources shall contract with, an independent evaluator to monitor and report on the solicitation and bid selection process in order to assist the department of energy resources in determining whether a proposal received pursuant to subsection (b) is reasonable and to assist the department of public utilities in its consideration of long-term contracts filed for approval. To ensure an open, fair and transparent solicitation and bid selection process is not unduly influenced by an affiliated company, the independent evaluator shall: (i) issue a report to the department of public utilities analyzing the timetable and method of solicitation and the solicitation process implemented by the distribution companies and the department of energy resources under subsection (b) and include recommendations, if any, for improving the process; and (ii) upon the opening of an investigation by the department of public utilities into a proposed long-term contract for a winning bid proposal, file a report with the department of public utilities summarizing and analyzing the solicitation and the bid selection process and providing its independent assessment of whether all bids were evaluated in a fair and non-discriminatory manner. The independent evaluator shall have access to all information and data related to the competitive solicitation and bid selection process necessary to fulfill the purposes of this subsection but shall ensure all proprietary information remains confidential. The department of public utilities shall consider the findings of the independent evaluator and may adopt recommendations made by the independent evaluator as a condition for approval. If the independent evaluator concludes in the findings that the solicitation and bid selection of a long-term contract was not fair and objective and that the process was substantially prejudiced as a result, the department of public utilities shall reject the contract.
(h) The distribution companies shall each enter into a contract with the winning bidders for their apportioned share of the long-term contract costs. The apportioned share shall be calculated and based upon the total energy demand from all distribution customers in each service territory of the distribution companies.
(i) An electric distribution company may elect to use or retain environmental attributes to meet any applicable annual portfolio standard requirements, including section 11F of chapter 25A of the General Laws, and other clean energy compliance standards as applicable. If the environmental attributes are not so used, such companies shall sell such purchased environmental attributes attributed to any applicable portfolio standard eligible resources to minimize the costs to ratepayers under the contract. The department of energy resources shall conduct periodic reviews to determine the impact on the environmental attributes markets of the disposition of environmental attributes under this section and may issue reports recommending legislative changes if it determines that actions are being taken that will adversely affect the environmental attributes markets.
(j) If a distribution company sells the environmental attributes as described in this section, the distribution company shall net the cost of payments made to projects under the long-term contracts against the net proceeds obtained from the sale of environmental attributes and the difference shall be credited or charged to all distribution customers through a uniform, fully reconciling annual factor in distribution rates, subject to review and approval of the department of public utilities.
(k) A long-term contract procured under this section for energy storage systems shall utilize an appropriate tracking system to ensure a unit specific accounting of the delivery of environmental attributes, to enable the department of environmental protection, in consultation with the department of energy resources, to accurately measure progress in achieving 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.
(l) The department of energy resources and the department of public utilities may jointly develop requirements for a bond or other security to ensure performance with requirements under this section.
(m) The department of energy resources may promulgate regulations necessary to implement this section.
(n) If this section is subjected to a legal challenge, the department of public utilities may suspend the applicability of the challenged provision during the pendency of the action until a final resolution, including any appeals, is obtained and shall issue an order and take other actions as are necessary to ensure that the provisions not subject to the challenge are implemented expeditiously to achieve the public purposes of this section.
SECTION 99. Chapter 149 of the acts of 2014 is hereby amended by striking out section 3.
SECTION 100. Subsection (a) of section 81 of chapter 179 of the acts of 2022 is hereby amended by striking out the figure “11” and inserting in place thereof the following figure:- 13.
SECTION 101. Said subsection (a) of said section 81 of said chapter 179 is hereby further amended by inserting after the words “commissioner of public utilities or designee” the following words:- ; the executive director of the Massachusetts clean energy technology center or designee; the commissioner of the division of standards or designee.
SECTION 102. The second paragraph of said subsection (a) of said section 81 of said chapter 179 is hereby amended by striking out the words “and (ix)” and inserting in place thereof the following words:- (ix) estimates of the number of zero-emission medium and heavy duty vehicle charging stations required to meet the commonwealth’s emissions limits and sublimits pursuant to said chapter 21N; (x) a discussion of costs, permitting processes and estimated timelines for installing charging stations for medium and heavy duty vehicles; and (xi).
SECTION 103. Said section 81 of said chapter 179 is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d)(1) The council shall issue an 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 the website of each secretariat with a member serving on the council.
(2) Each assessment submitted pursuant to this section shall forecast electric vehicle charging demand throughout the commonwealth for the next 10 years and the impacts of such demand on the electric distribution grid, identifying areas of the grid that may require modification due to such impacts. In conducting such forecasts, the council shall consult with key stakeholders, including, but not limited to, electric distribution companies, convenience store and restaurant retailers and other small businesses, electric vehicle supply equipment companies, electric vehicle original equipment manufacturers and fleet operators. Each forecast shall consider current traffic patterns and expected adoption of light, medium and heavy-duty electric vehicles over various time periods.
(3) Not later than 6 months after the completion of each assessment, the council, in coordination with the department of energy resources, the Massachusetts Department of Transportation and said key stakeholders, shall identify optimal sites along or near commonwealth highways and major roadways in each electric distribution company service territory that may be suitable to host electric vehicle fast charging hubs and fleet depots. Identification of such priority sites for electric vehicle fast charging stations and fleet depots shall include, but not be limited to, consideration of the following: (i) convenience, accessibility and safety for drivers and passengers; (ii) ease of access for both consumer and commercial electric vehicles; (iii) cost-effective and efficient use of existing electric company infrastructure and rights-of-way; (iv) land use feasibility; (v) potential ability to qualify for public funds, including, but not limited to, funds made available under the federal Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58; and (vi) impact on environmental justice communities and low and moderate income neighborhoods.
(4) Not later than 12 months after the completion of each assessment, each electric distribution company shall develop a plan for building the additional distribution infrastructure investments necessary on its system to satisfy, at a minimum, the 10-year charging demand projected in each such assessment, including, but not limited to, in the areas identified in such assessment as potentially requiring a grid upgrade and at the sites identified as potential hosts of fast charging hubs and fleet depots. Such additional distribution infrastructure investments shall be designed to accommodate any additional projected future needs for the area identified by the electric distribution company and shall be inclusive of, but not limited to, increased demand associated with heating and cooling electrification and hosting capacity for distributed energy resources. Each such additional distribution infrastructure investment shall be: (i) consistent with the requirements and criteria set forth in section 92B of chapter 164 of the General Laws; (ii) treated as small clean transmission and distribution infrastructure facilities as defined in chapter 25A of the General Laws; and (iii) subject to the statutes, regulations and processes attendant to said chapter 25A.
(5) Not later than 12 months after the completion of each assessment, each electric distribution company may submit to the department of public utilities an application to increase its base electric distribution rates to account for the additional distribution infrastructure included in the plan pursuant to paragraph (4). Such application shall be approved by the department of public utilities not later than 3 months after submission so long as the requested increase is consistent with the department's accounting practices and incremental costs are not otherwise accounted for in the electric distribution company's existing rates. The department's review of such application shall not be construed as a prudence review. The electric distribution company's application shall be deemed approved if the department does not act within 3 months.
(6) The department of public utilities shall conduct a prudence review of the additional distribution infrastructure investments planned pursuant to paragraph (4) during the next general rate case of the electric distribution company or in reviewing the electric distribution company's electric-sector modernization plan submitted pursuant to section 92B of chapter 164 of the General Laws, at the department's discretion. Each electric distribution company shall be entitled to full cost recovery of all such infrastructure investments deemed prudent. To demonstrate prudence, the electric distribution company shall clearly outline how it evaluated advanced transmission technologies, other infrastructure investments and alternatives other than infrastructure investments to satisfy projected demand. The electric distribution company shall also demonstrate that the proposed infrastructure investments were cost effective compared with the alternatives, provide net benefits for customers and meet the criteria enumerated in clauses (i) to (vi), inclusive, of subsection (a) of said section 92B of said chapter 164. If the department finds that such investments were imprudent, it may, at its discretion, order customers to be credited for any increase in base distribution rates made pursuant to paragraph (5) with interest, as appropriate.
SECTION 104. Said section 81 of said chapter 179, as amended by section 165 of chapter 77 of the acts of 2023, is hereby further amended by adding the following subsection:-
(f) The council shall be responsible for providing leadership and direction for the deployment of electric vehicle charging infrastructure and electric vehicle chargers and shall strive to ensure a network of convenient, affordable, reliable and equitable electric vehicle chargers in the commonwealth. Responsibilities of the council shall include, but not be limited to: (i) achieving the objectives and serving the purposes enumerated in this section; (ii) monitoring the preparedness, staffing level, staff training and overall effectiveness of public and private initiatives, activities, programs, agencies, offices and divisions involved in siting, permitting, financing, installing, inspecting, maintaining or protecting consumer interactions with electric vehicle chargers in the commonwealth; (iii) facilitating intergovernmental coordination and effectiveness with respect to achieving the objectives and serving the purposes enumerated in this section; (iv) achieving timely compliance with, and implementation and administration of, standards, requirements and regulations promulgated by the National Electric Vehicle Infrastructure Formula Program established pursuant to the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58; and (v) ensuring wayfinding signage on highways and on streets adjacent to charging locations with information on such locations.
Not later than July 31, 2025, or as part of the next periodic assessment compiled pursuant to subsection (d), whichever occurs later, and every 2 years thereafter, the council shall report on its efforts to lead and direct such deployment and its results to the senate and house committees on ways and means and the joint committee on telecommunications, utilities and energy. The council shall make such reports publicly available on the website of each secretariat with a member serving on the council.
SECTION 105. Said chapter 179 is hereby further amended by striking out section 82 and inserting in place thereof the following section:-
Section 82. The department of energy resources may coordinate with 1 or more New England states to consider competitive solicitations for long-term clean energy generation, including nuclear power generation that is located in the ISO-NE control area and commenced commercial operation before January 1, 2011, associated environmental attributes, transmission or capacity for the benefit of residents of the commonwealth and the region. If the department of energy resources, in consultation with the electric distribution companies and the office of the attorney general, determines not later than December 31, 2025 that a project would satisfy all of the benefits listed below, the electric distribution companies shall enter into cost-effective long-term contracts. In its determination, the department of energy resources shall determine if any proposals: (i) provide cost-effective clean energy generation to electric ratepayers in the commonwealth and the region over the term of the contract; (ii) provide the benefits of clean energy and associated transmission towards meeting the commonwealth’s decarbonization goals; (iii) where possible, avoid, minimize or mitigate, to the maximum extent practicable, environmental impacts and impacts to low income populations; or (iv) reduce ratepayer costs in winter months and improve energy security during winter months. For the purposes of this section, a long-term contract shall be a contract with a term of 10 to 20 years. Eligible clean energy generation must contribute to achieving compliance with limits and sublimits established pursuant to sections 3 and 3A of chapter 21N of the General Laws. Associated transmission costs must be incorporated into a proposal. All proposed contracts shall be subject to the review and approval of the department of public utilities. The department of public utilities shall consider both potential costs and benefits of such contracts and shall only approve a contract upon a finding that it is cost-effective, taking into account the factors provided in this section.
SECTION 106. Notwithstanding any general or special law, rule, regulation or order to the contrary, the department of public utilities shall investigate expanding access to net crediting solutions for net metering facilities and solar facilities eligible to receive bill credits under any programs established pursuant to section 11 of chapter 75 of the acts of 2016. Such net crediting solutions may facilitate the allocation of credits between owners of facilities and customers, including any payment mechanism that requires an electric distribution company, at the request of a host customer or eligible facility to: (i) include the monthly subscription charge of a host customer or eligible facility on the customer’s bills; and (ii) remit payment for those charges to the host customer or eligible facility. The department shall consider whether an electric distribution company may require a fee for a host customer or eligible facility that uses net crediting.
SECTION 107. Notwithstanding any general or special law, rule or regulation to the contrary, the department of public utilities, in consultation with the department of energy resources, shall: (i) amend any applicable rules, regulations and tariffs to permit the transfer of credits from an alternative on-bill credit generation unit, as defined by regulations of the department of energy resources, to customers of any electric distribution company located in the commonwealth; and (ii) require the electric distribution companies to implement consolidated billing on Alternative On-Bill Credit (AOBC) Low Income Community Shared Solar (LICSS) generation units. In implementing said consolidated billing, the electric distribution companies shall apply the net value of the bill credit directly to customer’s accounts and remit the developer or owner portion of the payment directly to the developer or owner. The net value of the bill credits the electric distribution companies would apply to customer accounts may be calculated in a manner determined by the department.
SECTION 108. There shall be a special legislative commission to recommend to the general court extended producer responsibility policies for the commonwealth. The commission shall include: the commissioner of environmental protection or a designee, who shall serve as chair; the secretary of economic development or a designee; the commissioner of public health or a designee; 1 person to be appointed by the attorney general, who shall have expertise in consumer protection; 1 person to be appointed by the senate chair of the joint committee on environment and natural resources; 1 person to be appointed by the senate chair of the joint committee on telecommunications, utilities and energy; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the house chair of the joint committee on environment and natural resources; 1 person to be appointed by the house chair of the joint committee on telecommunications, utilities and energy; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the Massachusetts Association of Regional Planning Agencies; and 10 additional persons to be appointed by the chair, 1 of whom shall represent an organization representing product or packaging producers, 1 of whom shall represent retailers, 1 of whom shall represent waste haulers and material recovery facility operators, 1 of whom shall represent municipal officials or employees, 1 of whom shall represent a statewide or regional environmental protection organization, 3 of whom shall represent environmental justice organizations, 1 of whom shall represent a statewide recycling advocacy organization and 1 of whom shall represent an environmental health and public health organization. The chair shall consider geographic diversity in making appointments to the commission. The chair may select a third-party facilitator for the commission.
The extended producer responsibility policy recommendations shall include, but not be limited to: (i) recommendations on specific extended producer responsibility approaches and other strategies for product and packaging categories including, but not limited to, paint, mattresses, electronics, lithium-ion batteries, plastics and other packaging; (ii) a proposed structure for each product and packaging category including collection, processing and financial responsibility; (iii) information on cost impacts of residential curbside collection or transfer station operations, on-site processing costs for each readily recyclable material type, management costs of non-readily recyclable materials and other cost factors; (iv) methods for incentivizing product and packaging production, including material reduction, reuse and lifecycle extensions; and (v) impacts on waste generation and waste stream contamination reduction. The commission shall host not less than 4 public meetings and solicit public comment regarding extended producer responsibility. Not later than January 15, 2026, the commission shall issue initial recommendations and related findings to the senate and house committees on ways and means, the joint committee on environment and natural resources, the joint committee on telecommunications, utilities and energy and the clerks of the senate and house of representatives. The department of environmental protection shall publish said recommendations and related findings on its website.
SECTION 109. There shall be a special commission to study the impacts on the fossil fuel workforce caused by public and private efforts to reduce greenhouse gas emissions and transition from fossil fuels to clean energy. The commission shall seek to measure and monitor the impact on fossil fuel workers and industries and examine ways to increase access to employment, training and workforce opportunities in clean energy industries and related fields. The commission shall consist of: the secretary of labor and workforce development or a designee, who shall serve as co-chair; the commissioner of energy resources or a designee, who shall serve as co-chair; the secretary of economic development or a designee; the director of environmental justice and equity or a designee; the executive director of the Massachusetts clean energy technology center or a designee; 8 members to be appointed by the governor, 1 of whom shall be a representative of employers in the gas utility sector, 1 of whom shall be a representative of employers in the electric power generation sector, 1 of whom shall be a representative of employers in the renewable electricity sector, 1 of whom shall be a representative of employers in the energy efficiency sector, 1 of whom shall be a representative of employers in the clean transportation sector, 1 of whom shall be a representative of employers in the clean heating sector and 2 of whom shall work in or be affiliated with a higher education university with educational expertise in labor policy and the fossil fuel or clean energy workforce and 5 of whom shall be recommended by the president of the Massachusetts AFL-CIO, 1 of whom shall be a representative of employees in the gas utility sector, 1 of whom shall be a representative of employees in the electric power generation sector, 2 of whom shall be representatives of employees in the clean energy sector and 1 of whom shall be a representative of employees in the transportation sector; the president of the Massachusetts Building Trades; and 2 representatives of environmental justice communities appointed by the director of environmental justice and equity.
The work of the commission shall include, but not be limited to, identifying workers currently employed in the energy sector by industry, trade and job classification, including an analysis of wage and benefit packages and current licensing, certification and training requirements. The commission shall recommend education and training programs to enhance re-employment opportunities within the energy sector and services to support dislocated workers displaced from jobs within the energy sector as a result of public or private efforts to reduce greenhouse gas emissions or transition from fossil fuels to clean energy and advancements in clean energy technology. The commission shall, not later than December 31, 2025, issue a report, including any plans and recommendations, to the clerks of the senate and house of representatives.
SECTION 110. The initial regulations required to be promulgated by the executive office of energy and environmental affairs or its designated agency under section 31 of chapter 21A of the General Laws and the initial regulations required to be promulgated by the division of standards in the office of consumer affairs and business regulation under section 59 of chapter 98 of the General Laws shall be completed not later than February 1, 2026 and shall apply to chargers installed on or after June 1, 2026.
SECTION 111. The Massachusetts clean energy technology center shall conduct and publish a study of prospects and opportunities for carbon dioxide removal innovation and operations within the commonwealth or in waters not more than 50 nautical miles off the commonwealth. Methods of carbon dioxide removal shall include, but not be limited to: (i) sequestration and storage involving terrestrial mineralization or enhanced rock weathering; (ii) sequestration and storage involving biochar, woody waste, agricultural waste or other waste products; (iii) ocean-based solutions including electro-chemical alkalinity enhancement, marine permaculture, deep-ocean sequestration and storage of biomass and coastal enhanced weathering; (iv) construction materials and products, the production of which directly contributes to the sequestration and storage of carbon dioxide or other greenhouse gases, including mass timber; and (v) direct air capture paired with either durable geologic sequestration and storage or durable sequestration and storage in the built environment including in concrete.
The study shall include, but not be limited to: (i) cost considerations, including ranges of likely prices per ton of carbon dioxide removed; (ii) the scale potential of various potential carbon dioxide removal processes; (iii) the likely duration of various potential carbon dioxide removal operations; (iv) projected start times of various activities and operations; (v) the conservation efficiency of various activities and operations in terms of their use of water, land and energy resources with explicit consideration of projects with low water, land and energy requirements and of projects that exclusively employ renewable energy; (vi) the number of potential jobs within the commonwealth, including research and development jobs, that are likely to be created by various activities and operations; (vii) the potential of various activities and operations to involve purchases of equipment and supplies from businesses located in the commonwealth; (viii) the potential of various activities and operations to generate significant agricultural, ecological or ecosystem co-benefits, harms or effects of ocean acidification on the marine environment, habitats and species, including shellfish, lobsters and other commercially-important fisheries in the waters of the commonwealth; (ix) the extent to which various activities and operations may generate economic benefit to 1 or more disadvantaged communities; (x) methods of measuring, reporting and verifying carbon dioxide removal technologies; and (xi) recommended next steps, if any, for legislative or executive branch action.
The center shall publish a draft study for comment not later than December 31, 2025 and a final study not later than April 30, 2026.
SECTION 112. Notwithstanding any general or special law to the contrary and subject to availability of sufficient proceeds, the department of energy resources shall expend amounts from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws to fund the green communities program established in section 10 of chapter 25A of the General Laws and the Electric Vehicle Adoption Incentive Trust Fund established in section 19 of said chapter 25A through June 30, 2027. Payments made from the fund shall be prioritized by directing initial payments to the green communities program and the Electric Vehicle Adoption Incentive Trust Fund; provided, however, that not less than $27,000,000 shall be available for the Electric Vehicle Adoption Incentive Trust Fund each fiscal year.
SECTION 113. Notwithstanding any general or special law to the contrary and not later than July 31, 2025, the executive office of housing and livable communities, in consultation with the executive office of energy and environmental affairs, shall promulgate regulations to implement a cradle-to-grave life cycle assessment in accordance with International Organization for Standardization ISO 14040 and ISO 14044 of state-funded housing projects. The assessment shall encompass the full life cycle including, but not limited to: (i) resource extraction through demolition and disposal; and (ii) on-site construction, operations, maintenance and replacement and material-and product-embodied acquisition, processing and transportation energy.
SECTION 114. Notwithstanding any general or special law to the contrary, the department of energy resources, in consultation with the department of public utilities and the Massachusetts clean energy technology center, shall issue technical guidance on how a municipality or group of municipalities with an approved municipal load aggregation plan authorized pursuant to section 134 of chapter 164 of the General Laws or with approved aggregations authorized pursuant to section 137 of said chapter 164, may enter into a long-term contract to purchase electricity from an offshore wind developer. The guidance shall be publicly posted on the department’s website not later than June 1, 2025.
SECTION 115. The embodied carbon intergovernmental coordinating council shall submit the initial embodied carbon reduction plan under section 73 of chapter 7C of the General Laws to the clerks of the senate and house of representatives not later than July 31, 2025.
SECTION 116. (a) Notwithstanding any general or special law to the contrary, the department of energy resources shall conduct a review to determine the effectiveness of the commonwealth’s existing solicitations and procurements required by sections 83 to 83E, inclusive, of chapter 169 of the acts of 2008 and shall make recommendations regarding the future procurement of clean energy resources for the purposes of ensuring compliance with statewide greenhouse gas emissions limits and sublimits under chapter 21N of the General Laws.
(b) The department’s recommendations shall include a review of: (i) prior clean energy solicitations; (ii) best practices and models utilized by other states to procure clean energy; (iii) best practices and models utilized by other states and the federal government to ensure high labor standards in clean energy; (iv) with respect to sections 83C, 83D, and 83E of chapter 169 of the acts of 2008, the optimal length of long-term contracts as defined in section 83B of said chapter 169; (v) the use of energy services in future solicitations and procurements, which shall include operation of advanced transmission infrastructure, including transmission, energy storage systems as defined in section 1 of chapter 164 of the General Laws and demand response technologies, that increases the deliverability or reliability of clean energy generation or reduces the cost of clean energy generation; (vi) authorization of surplus interconnection service as an available transmission option in future solicitations and procurements required by said section 83C of said chapter 169; and (vii) strategies to minimize total carbon emissions generated by vessels during both the construction phase and the operation and maintenance phase of a project and any legislative recommendations needed to amend or replace existing statutory authority.
(c) The department’s review of best practices and models for labor standards shall include an investigation of reporting requirements for future solicitations and procurements pursuant to section 83C of chapter 169 of the acts of 2008 regarding information relative to compliance with chapters 149, 151, 151A, 151B and 152 of the General Laws, 29 U.S.C. section 201, et seq. and applicable federal anti-discrimination laws by offshore wind developers as defined in said section 83B of said chapter 169, their contractors and subcontractors, documentation of such parties’ history with picketing, work stoppages, boycotts or other economic actions and documentation relative to whether such parties have been found in violation of any state or federal safety regulations in the previous 10 years. The review shall further include information regarding the use of state or federally certified apprenticeship programs and the use of prevailing or union wages on clean energy projects.
(d) The department shall consult with the clean energy industry, the office of the attorney general, the Massachusetts clean energy technology center, environmental justice organizations, labor organizations representing workers in the offshore wind industry and other impacted stakeholders as part of this review process. Such review and recommendations shall be submitted to the joint committee on telecommunications, utilities and energy not later than July 1, 2025.
SECTION 117. The executive office of energy and environmental affairs shall conduct a study on the feasibility of the electric vehicle only sales mandate that becomes effective in 2035. The study shall include, but not be limited to, an examination of a realistic timeline to implement the mandate, the infrastructure needed to implement the mandate, including ample charging stations throughout the commonwealth and where and how enough electricity will be needed and generated into the power grid to sustain such a mandate by 2035. The study shall also seek input on the impacts of the mandate from relevant industries including, but not limited to, the automobile industry, auto sales industry, auto repair industry, transportation industry, shipping and construction industries and travel and tourism. The executive office shall collect information on the feasibility of installing and providing access to charging stations in rural, suburban and urban areas. The executive office shall also collect and study information on the costs associated with the repair and general maintenance of electric vehicles compared to gas-fueled vehicles.
The executive office shall report its findings to the joint committee on telecommunications, utilities and energy, the chairs of the house and senate committees on global warming and climate change and the chairs of the house and senate committees on ways and means not later July 31, 2025.
SECTION 118. (a) Notwithstanding any general or special law to the contrary, an energy storage system as defined in section 1 of chapter 164 of the General Laws that is not less than 100 megawatt hours and has received a comprehensive exemption from local zoning by-laws pursuant to section 3 of chapter 40A of the General Laws or pursuant to section 6 of chapter 665 of the acts of 1956 may petition the energy facilities siting board to obtain a certificate of environmental impact and public interest if the petition is filed prior to the date when regulations are promulgated pursuant to section 132.
(b) The energy facilities siting board shall consider a petition pursuant to subsection (a) if the applicant is prevented from building the energy storage system because: (i) the applicant is unable to meet standards imposed by a state or local agency with reasonable and commercially available equipment; (ii) the processing or granting by a state or local agency of any approval, consent, permit or certificate has been unduly delayed for any reason; (iii) the applicant believes there are inconsistencies among resource use permits issued by such state or local agencies; (iv) the applicant believes that a nonregulatory issue or condition has been raised or imposed by such state or local agencies, including, but not limited to, aesthetics and recreation; (v) the generating facility cannot be constructed due to any disapprovals, conditions or denials by a state or local agency or body, except with respect to any lands or interests therein, excluding public ways, owned or managed by any state agency or local government; or (vi) the facility cannot be constructed because of delays caused by the appeal of any approval, consent, permit or certificate.
(c) The energy facilities siting board shall, upon petition, consider an application for a certificate of environmental impact and public interest if it finds that any state or local agency has imposed a burdensome condition or limitation on any license or permit. An energy storage system, with respect to which a certificate is issued by the energy facilities siting board, shall thereafter be constructed, maintained and operated in conformity with such certificate and any terms and conditions contained therein.
(d) Notwithstanding any general or special law to the contrary, such certificate may be so issued; provided, however, that when so issued no state agency or local government shall require any approval, consent, permit, certificate or condition for the construction, operation or maintenance of the energy storage system with respect to which the certificate is issued and no state agency or local government shall impose or enforce any law, ordinance, by-law, rule or regulation nor take any action nor fail to take any action that would delay or prevent the construction, operation or maintenance of such energy storage system except as required by federal law; and provided further, that the energy facilities siting board shall not issue a certificate, the effect of which would be to grant or modify a permit, approval or authorization, which, if so granted or modified by the appropriate state or local agency, would be invalid because of a conflict with applicable federal water or air standards or requirements. A certificate, if issued, shall be in the form of a composite of all individual permits, approvals or authorizations that would otherwise be necessary for the construction and operation of the energy storage system and that portion of the certificate that relates to subject matters within the jurisdiction of a state or local agency shall be enforced by said agency under the other applicable laws of the commonwealth as if it had been directly granted by the said agency.
(e) Energy storage systems that have not petitioned the department of public utilities for a comprehensive exemption from local zoning by-laws pursuant to section 3 of chapter 40A of the General Laws prior to July 1, 2026, shall not be eligible to petition the energy facilities siting board to obtain a certificate of environmental impact and public interest under this section.
(f) Notwithstanding any general or special law to the contrary, large clean energy storage facilities that have: (i) submitted a petition under section 72 of chapter 164 of the General Laws; (ii) submitted a petition under section 3 of chapter 40A of the General Laws; or (iii) requested local permits or a grant of location prior to the date when regulations are promulgated pursuant to section 132 shall not be required to submit an application or petition to the energy facility siting board pursuant to section 69T of chapter 164 of the General Laws.
SECTION 119. (a) For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
“Approval”, except as otherwise provided in subsection (b), any permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit or other approval or determination of rights from any municipal, regional or state governmental entity, including any agency, department, commission or other instrumentality of the municipal, regional or state governmental entity, concerning the use or development of real property, including certificates, licenses, certifications, determinations, exemptions, variances, waivers, building permits or other approvals or determination of rights issued or made under chapter 21 of the General Laws or chapter 21A of the General Laws; provided, however “approval” shall not mean any permit, certificate, order, excluding enforcement orders, license, certification, determination, exemption, variance, waiver, building permit or other approval or determination of rights issued or made under section 16 of chapter 21D of the General Laws, sections 61 to 62H, inclusive, of chapter 30 of the General Laws, chapters 30A, 40 and 40A to 40C, inclusive, of the General Laws, chapters 40R, 41 and 43D of the General Laws, section 21 of chapter 81 of the General Laws, chapters 91, 131, 131A and 143 of the General Laws, sections 4 and 5 of chapter 249 of the General Laws or chapter 258 of the General Laws or chapter 665 of the acts of 1956 or any local by-law or ordinance.
“Clean energy infrastructure project”, a project involving the construction, reconstruction, conversion, relocation or enlargement of any renewable energy generating source, as defined in subsection (c) of section 11F of chapter 25A of the General Laws, any energy storage system, as defined in section 1 of chapter 164 of the General Laws, any transmission facility or distribution facility, as defined in said section 1 of said chapter 164, or related infrastructure, including substations and any other project that may be so designated as a clean energy infrastructure project by the department of energy resources.
(b)(1) Notwithstanding any general or special law to the contrary, any approval granted for a clean energy generation or storage project that was in effect from October 22, 2020, to August 1, 2024, inclusive, shall be extended to August 1, 2029.
(2) A clean energy infrastructure project shall be governed by the applicable provisions of any state, regional or local statute, regulation, ordinance or by-law, if any, in effect at the time of the initial approval granted for such project, unless the owner or petitioner of such project elects to waive this section.
(3) Nothing in this section shall extend or purport to extend: (i) a permit or approval issued by the government of the United States or an agency or instrumentality of the government of the United States or to a permit or approval of which the duration of effect or the date or terms of its expiration are specified or determined by or under law or regulation of the federal government or any of its agencies or instrumentalities; or (ii) a permit, license, privilege or approval issued by the division of fisheries and wildlife under chapter 131 of the General Laws for hunting, fishing or aquaculture.
(4) If an owner or petitioner sells or otherwise transfers a property or project to receive approval for an extension, the new owner or petitioner shall agree to assume all commitments made by the original owner or petitioner under the terms of the approval, otherwise the approval shall not be extended under this section.
SECTION 120. The department of public utilities shall commission a management study to assess: (i) the likely workload of the energy facilities siting board based on the new requirements of this act and the commonwealth’s clean energy and climate plans; (ii) the workforce qualifications needed to implement this act; (iii) the cost associated with the hiring and retention of qualified professionals and consultants to successfully complete that work required pursuant to this act; and (iv) the design, population and maintenance of a real-time, online clean energy infrastructure dashboard, as required to be maintained by the facility siting division pursuant to section 12N of chapter 25 of the General Laws. The funding and staffing resource requirements identified in the management study shall be reported to the joint committee on ways and means, the joint committee on telecommunications, utilities and energy, the secretary of energy and environmental affairs and the secretary of administration and finance not later than August 1, 2025. The secretary of energy and environmental affairs and the secretary of administration and finance shall within 60 days of their receipt of the study provide recommendations to the senate and house committees on ways and means and the joint committee on telecommunications, utilities and energy on options to implement any proposed recommendations of the study.
SECTION 121. (a) The department of public utilities, in coordination with the department of energy resources, shall conduct an independent investigation that examines the use of advanced conductors, grid-enhancing technologies and other advanced transmission technologies to enhance the performance of the commonwealth’s transmission system in applications that are subject to federal jurisdiction. Such advanced conductors, grid-enhancing technologies and other advanced transmission technologies may include, but shall not be limited to, reconductoring of transmission and distribution lines and the use of dynamic line ratings, advanced power flow control and topology optimization software.
(b) In conducting its investigation, the department shall: (i) review industry trends for the implementation and use of advanced conductors, grid-enhancing technologies, and other advanced transmission technologies and determine which technologies are cost-effective and in the public interest and under what conditions those technologies could be utilized for transmission and distribution infrastructure within the state; and (ii) for any technologies determined to be cost effective and in the public interest, identify any jurisdictional and cost-sharing issues related to requiring a transmission and distribution utility to implement such advanced transmission technologies. The investigation shall consider the costs of such technologies and consider their benefits including, but not limited to: (A) access to lower cost and zero carbon electricity; (B) acceleration of distributed energy resource interconnection; (C) reduced generator curtailment or congestion; (D) reduced environmental impacts; (E) maximization of the value of planned investments; (F) improved resilience; and (G) improved outage coordination and mitigation.
(c) The department of public utilities shall submit is report to the joint committee on telecommunications, utilities and energy not later than September 1, 2025.
SECTION 122. The department of environmental protection, in consultation with the board of fire prevention and regulations and the department of energy resources, shall issue guidance on the public health, safety and environmental impacts of electric battery storage and electric vehicle chargers not more than 6 months after the effective date of this act.
SECTION 123. (a) Notwithstanding 225 CMR 15.07(2) or any general or special law, rule or regulation to the contrary, the RPS Class II Waste Energy Minimum Standard in the year 2026 and all subsequent compliance years shall be equal to 3.7 per cent of total annual electrical energy sales.
(b) Notwithstanding 225 CMR 15.08(4)(a)(2) or any general or special law, rule or regulation to the contrary, the alternative compliance payment rate for the RPS Class II Waste Energy Minimum Standard in the year 2026 and all subsequent compliance years shall be equal to the alternative compliance payment rate for the RPS Class II Renewable Energy Minimum Standard set pursuant to 225 CMR 15.08(3)(a)(2).
SECTION 124. The department of energy resources shall convene a stakeholder working group to develop recommendations for regulatory and legislative changes that may be necessary to encourage the construction and operation of solar power generating canopies. The recommendations shall be designed to contribute to the state’s greenhouse gas emission limits and sublimits established pursuant to chapter 21N of the General Laws and facilitate the development and deployment of solar canopies in a cost-effective manner. The working group shall be convened not later than March 30, 2025. The working group shall consist of the commissioner of energy resources or a designee, who shall serve as chair, 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. The working group shall submit its report to 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 June 31, 2025.
SECTION 125. The secretary of energy and environmental affairs shall review existing flood risk mapping resources and assess the need for and feasibility of creating additional flood risk mapping resources to identify areas vulnerable to current and future flooding across the commonwealth.
The secretary shall develop recommendations, including any legislation or funding necessary, to support any additional required flood risk mapping resources and shall submit its recommendations to the joint committee on environment and natural resources, the climate chief, the house and senate committees on ways and means and the clerks of the senate and house of representatives not later than 6 months after the effective date of this act. The recommendations shall also be made available to the public on the website of the executive office of energy and environmental affairs.
SECTION 126. Orders restricting coastal wetlands recorded pursuant to section 105 of chapter 130 of the General Laws prior to July 1, 2024, and orders restricting inland wetlands recorded pursuant to section 40A of chapter 131 of the General Laws prior to July 1, 2024, shall permit or allow ecological restoration projects as defined in 310 CMR 10.04; provided, however, that such ecological restoration project is permitted by the department of environmental protection or local issuing authority pursuant to section 40 of said chapter 131 and applicable regulations.
SECTION 127. Subsection (a) of section 116C of chapter 164 of the General Laws shall be implemented not later than 1 year after the effective date of this act.
SECTION 128. All distribution companies operating within the commonwealth shall submit a plan for the implementation of advanced metering data access protocols pursuant to section 116C of chapter 164 of the General Laws to the department of public utilities for approval not later than 1 year after the effective date of this act.
SECTION 129. The office of environmental justice and equity established pursuant to section 29 of chapter 21A of the General Laws shall establish standards and guidelines for community benefit plans and agreements as required by said section 29 of said chapter 21A not later than March 1, 2026, and shall issue the cumulative impacts analysis guidance pursuant to said section 29 of said chapter 21A before the energy facilities siting board regulations are promulgated pursuant to section 133.
SECTION 130. The executive office of energy and environmental affairs shall coordinate and convene a stakeholder process with the agencies and offices under its jurisdiction and any other relevant local, regional and state agencies with a permitting role in energy related infrastructure to establish the methodology for determining the suitability of sites and associated guidance required by section 30 of chapter 21A of the General Laws not later than March 1, 2026.
SECTION 131. The department of energy resources shall promulgate regulations to implement section 21 of chapter 25A of the General Laws not later than March 1, 2026.
SECTION 132. The energy facilities siting board shall promulgate regulations to implement the changes to sections 69G to 69J1/4, inclusive, sections 69O and 69P, sections 69R and 69S and sections 69T to 69W, inclusive, of chapter 164 of the General Laws not later than March 1, 2026. Such regulations shall apply to all jurisdictional projects submitted to the energy facilities siting board on and after July 1, 2026. In promulgating said regulations, the board shall consult with the department of public utilities, the department of energy resources, the department of environmental protection, the department of fish and game, the department of conservation and recreation, the department of agricultural resources, the Massachusetts environmental policy act office, the Massachusetts Department of Transportation, the executive office of public safety and security and all other agencies, authorities and departments whose approval, order, order of conditions, permit, license, certificate or permission in any form is required prior to or for construction of a facility, small clean energy infrastructure facility or large clean energy infrastructure facility.
SECTION 133. The department of public utilities and the energy facilities siting board, in consultation with the office of environmental justice and equity established by section 29 of chapter 21A of the General Laws and the office of the attorney general, shall promulgate regulations to implement section 149 of chapter 164 of the General Laws not later than March 1, 2026.
SECTION 134. Not later than July 31, 2025, the department of public utilities shall open a proceeding to facilitate right-of-way or pole-mounted electric vehicle supply equipment throughout the commonwealth and shall require certain parties as it may identify, including, but not limited to, electric distribution companies as defined in section 1 of chapter 164 of the General Laws, to submit plans to facilitate the deployment of such equipment. Not later than December 31, 2025, electric distribution companies and such other parties as the department may identify shall file plans with the department for establishing such equipment throughout the commonwealth. Such plans may: (i) include schedules and calendar dates for deploying the equipment, making chargers operational and meeting other requirements as set by the department; (ii) promote partnerships between companies and municipalities or other governmental entities; (iii) ensure accessibility and affordability for rural communities and low and moderate income populations, including renters; (iv) favor chargers at Level 2 and higher capacity; (v) promote the use of poles owned by, or under the control of, electric distribution companies; (vi) review potential funding mechanisms and sources including, but not limited to, off-peak charging rate structures; (vii) review potential funding mechanisms, sources and liability provisions for ensuring routine maintenance and a state of good repair; and (viii) require annual reporting and tabulations including, but not limited to: (A) the number of equipment installations completed, identified by specific location; (B) pricing and consumer costs; (C) the number of supply equipment outages, identified by specific location, together with estimates of downtime; and (D) identification of software and hardware malfunctions or characteristics or labor or parts shortages that may have contributed to excessive equipment outages or downtimes; provided, however, that such annual reporting and tabulations may be coordinated with, or delegated to, the division of standards. Not later than July 31, 2026, the department shall approve, approve with conditions or reject such plans; provided, however, that nothing in this section shall conflict with or delay pole-mounted electric vehicle supply equipment installations that are underway before a relevant departmental approval.
SECTION 135. The department of public utilities shall promulgate regulations to implement section 48 including, but not limited to, the establishment of a moderate income discount eligibility rate following an investigation thereof.
SECTION 136. Not later than June 1, 2029, the director of public participation established in section 12T of chapter 25 of the General Laws shall complete a review of the intervenor support grant program established in section 149 of chapter 164 of the General Laws and provide an opportunity for public comment to determine whether the program and corresponding regulations should be amended.
SECTION 137. Sections 12 to 15, inclusive, shall take effect on January 1, 2028.
SECTION 138. Section 35 shall take effect on June 30, 2029.
SECTION 139. Sections 64 to 68, inclusive, 70 to 76, inclusive, 83, 87, 91, 118 and 119, 129 and 132 and section 149 of chapter 164 of the General Laws shall take effect on March 1, 2026.
SECTION 140. Section 88 shall take effect on March 1, 2027.

Approved, November 20, 2024.