HOUSE . . . . . . . . No. 4503
The Commonwealth of Massachusetts
________________________________________
HOUSE OF REPRESENTATIVES, April 4, 2024.
The committee on Telecommunications, Utilities and Energy, to whom
was referred the petition (accompanied by bill, Senate, No. 2132) of Anne
M. Gobi and Angelo J. Puppolo, Jr. for legislation to further clean the
Commonwealth's air, the petition (accompanied by bill, Senate, No. 2168)
of Marc R. Pacheco for legislation relative to energy storage procurement
for 2030 and 2035, the petition (accompanied by bill, House, No. 3144) of
Natalie M. Blais and others for legislation to promote solar energy
canopies on large parking lots, the petition (accompanied by bill, House,
No. 3159) of Dylan A. Fernandes, Patrick Joseph Kearney and Simon
Cataldo relative to electric utility climate resilience and microgrids, the
petition (accompanied by bill, House, No. 3161) of Dylan A. Fernandes
and others relative to offshore wind, the petition (accompanied by bill,
House, No. 3166) of Sean Garballey relative to increasing opportunities
for clean peak energy storage of qualified energy storage systems, the
petition (accompanied by bill, House, No. 3170) of Danielle W. Gregoire
and Michelle M. DuBois that the Department of Energy Resources ensure
equity, accessibility, and promote participation by renters and low-income
retail electric customers in the solar incentive program, the petition
(accompanied by bill, House, No. 3205) of Steven Owens relative to solar
energy development, the petition (accompanied by bill, House, No. 3214)
of Jeffrey N. Roy relative to fusion energy, the petition (accompanied by
bill, House, No. 3216) of Jeffrey N. Roy relative to clean energy
generation, the petition (accompanied by bill, House, No. 3220) of Jeffrey
N. Roy relative to advanced metering infrastructure, the petition
(accompanied by bill, House, No. 3683) of Mark J. Cusack relative to
solar energy storage permit applications and inspections, the petition
(accompanied by bill, House, No. 3992) of Jeffrey N. Roy for legislation
to expand customer access to a modern grid and the petition (accompanied
by House, No. 4222) of Jeffrey N. Roy relative to electric grid
enhancement technologies, reports recommending that the accompanying
bill (House, No. 4503) ought to pass.
For the committee,
JEFFREY N. ROY.
 FILED ON: 2/7/2024
HOUSE . . . . . . . . . . . . . . . No. 4503
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to clean energy generation.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 21A of the General Laws is hereby amended by inserting after
2 section 28 the following section:-
3 Section 29. (a) The office, in coordination with the department of energy resources, shall
4 establish a program to encourage the construction and operation of solar power generating
5 canopies over large parking lots. The program shall be designed to contribute to the state's
6 greenhouse gas emission reduction requirements and increase overall renewable energy
7 generation, as well as provide shade and weather protection to both the vehicles under the
8 canopies and people moving from their cars into the buildings served by the parking lot.
9 (b) The program shall include:
10 (i) incentives to encourage the construction and operation of solar power generating
11 canopies and co-located energy storage facilities, which may include construction requirements,
12 incentive payments, tax reductions or deferrals, expedited interconnection requirements, zoning
13 or other regulatory preferences, which may include increasing the amount of the incentive
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14 through the state’s current or future solar incentive program for solar panels mounted on parking
15 lot canopies; or other financial or regulatory incentives;
16 (ii) a definition of qualifying parking lots, which may be phased in over time;
17 (iii) minimum electric generation capacity requirements; and
18 (iv) such other criteria and conditions necessary for an efficient and effective solar power
19 generating canopies over large commercial parking lots program that significantly increases the
20 use of solar-generated power in the commonwealth.
21 (c) In designing the program, the department shall:
22 (i) consult with an advisory working group to make recommendations concerning the
23 design and operation of the program. The members of the advisory working group shall be
24 appointed by the secretary and shall include a representative of the division of energy resources,
25 who shall chair the working group, and a representative of the commercial real estate industry; a
26 representative of organized labor, a representative of the solar energy industry, a representative
27 of an environmental group concerned with energy, a representative of the construction industry,
28 a representative of an electric utility or organization representing electric utilities, a
29 representative of local government, a person with expertise in energy siting, and a person with
30 expertise in solar energy and energy efficiency; ;
31 (ii) review the design and operation of parking lot solar energy incentive programs
32 proposed or in operation in other jurisdictions, including in the state of Washington, Hawaii,
33 California, and France; and
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34 (iii) hold not fewer than 3 public hearings in different regions of the commonwealth to
35 receive public testimony and input on the program.
36 (d) The department shall promulgate regulations as necessary to implement the program.
37 (e) If statutory changes are necessary to implement the program, the department shall
38 make specific recommendations to the general court for required changes in statutes.
39 SECTION 2. Chapter 23J of the General Laws is hereby amended by adding the
40 following section:-
41 Section 16. The center shall issue guidance to businesses, nonprofit organizations, a
42 municipality or group of municipalities with an approved municipal load aggregation plan
43 pursuant to section 134 of chapter 164 or other government entities directly or through an
44 aggregation pursuant to section 137 of said chapter 164, on how to enter into long-term contracts
45 to purchase offshore wind energy. The guidance shall be posted on the center’s website not later
46 than December 31, 2024.
47 SECTION 3. Chapter 23J of the General Laws is hereby amended by adding the
48 following section:
49 “Section 17. Based on the Boston Area and South Coast and North Shore offshore wind
50 ports and infrastructure assessments completed by the center in 2017 and 2022 respectively, the
51 center shall create a strategic coastal report that outlines when and how the state should
52 repurpose each port to support the state’s offshore wind industry. The report should include a
53 strategic vision for a comprehensive port infrastructure offshore wind network in Massachusetts.
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54 The center shall submit its report to the department of public utilities, the joint committee
55 on telecommunications, utilities and energy, the senate and house committees on global warming
56 and climate change and the clerks of the senate and house of representatives no later than July
57 31, 2024.”
58 SECTION 4. Chapter 25 of the General Laws is hereby amended by inserting after
59 Section 23 the following section:
60 Section 24. (a) The department of public utilities shall require electric distribution and
61 transmission companies to prepare and file a climate vulnerability and resilience plan by
62 December 31, 2024, and at least once every five years thereafter based on best available data.
63 The department shall levy a penalty not to exceed $2000 per day for failure to file such a plan.
64 Fines levied by the department shall be returned to ratepayers through distribution rates. Climate
65 vulnerability and resilience plans shall include, at a minimum:
66 a. an evaluation of the climate science and projected sea level rise, extreme temperature,
67 precipitation, humidity and storms, and other climate-related risks for the service territory ;
68 b. an evaluation and risk assessment of potential impacts of climate change on existing
69 operation, planning, and physical assets
70 c. identification, prioritization, and cost-benefit analysis of adaptation options to increase
71 asset and system-wide resilience over time,
72 d. community engagement plan with targeted engagement for environmental justice
73 populations in the service territory; and
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74 e. an implementation timeline for making changes in line with the findings of the study
75 such as modifying design and construction standards, modifying operations and planning
76 processes, and relocating or upgrading existing infrastructure to ensure reliability and resilience
77 of the grid.
78 (b) In adjudicating ratemaking proceedings pursuant to sections76. 93, and 94 of
79 chapter 164, the department of public utilities shall conclude in writing and take into
80 consideration whether the applicant’s costs proposed or incurred for capital investment projects
81 consider and minimize climate risks for the useful life of the proposed investment or thirty years,
82 whichever is greater, and whether proposed cost and actions are consistent with the applicant’s
83 climate vulnerability and resilience plan.
84 (c) The department of public utilities shall promulgate such rules and regulations as
85 are necessary to promptly and effectively enforce the provisions of this section.”
86 SECTION 5. Section 3 of Chapter 25A of the General Laws is hereby amended by
87 adding the following definitions:
88 “long-duration energy storage,” as defined in Section 60 of Chapter 179 of the Acts of
89 2022, an energy storage system, as defined in section 1 of chapter 164 of the General Laws, an
90 energy storage system capable of dispatching electricity at its full rated capacity for greater than
91 ten hours.
92 “Mid-duration energy storage system”, as defined in Section 60 of Chapter 179 of the
93 Acts of 2022, an energy storage system, as defined in section 1 of chapter 164 of the General
94 Laws, that is capable of dispatching energy at its full rated capacity for a period greater than 4
95 hours and up to 10 hours.
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 96 “multi-day energy storage,” as defined in Section 60 of Chapter 179 of the Acts of 2022,
97 an energy storage system, as defined in section 1 of chapter 164 of the General Laws, an energy
98 storage system capable of dispatching electricity at its full rated capacity for greater than twenty-
99 four hours.
100 SECTION 6. Section 3 of Chapter 25A of the General Laws, as appearing in the 2020
101 Official Edition, is hereby amended by striking the definition of “Qualified RPS resource” and
102 inserting in place thereof the following:-
103 “Qualified RPS resource”, a renewable energy generating source, as defined in
104 subsection (c) or in subsection (d) of section 11F that has: (i) installed a qualified energy storage
105 system at its facility; or (ii) commenced operation on or after January 1, 2019, provided however,
106 that a qualified RPS resource that commenced operation prior to January 1, 2019 shall be treated
107 as having commenced operation on or after January 1, 2019 if it is coupled with an on-site
108 energy storage system capable of storing four hours of the qualified RPS resource’s installed
109 capacity, or is coupled contractually with an off-site energy storage system capable of storing
110 four hours of the qualified RPS resource’s installed capacity.
111 SECTION 6A. Section 11F of chapter 25A of the General Laws, as so appearing in the
112 2020 Official Edition, is hereby amended by striking out the words “or (9) geothermal energy” in
113 line 44 and inserting in place thereof the following:- (9) geothermal energy; or (10) fusion
114 energy
115 SECTION 6B. Said section 11F of chapter 25A, as so appearing, is hereby amended by
116 striking out the words “or (9) geothermal energy” in line 86 and inserting in place thereof the
117 following:- (9) geothermal energy; or (10) fusion energy
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118 SECTION 7. Section 11F1/2 of Chapter 25A as appearing in the 2022 Official version, is
119 hereby amended, in line 11, by striking the words “naturally occurring”.
120 SECTION 8. Section 11F 1/2 of Chapter 25A of the general laws, as so appearing in the
121 2022 official edition, is hereby amended by adding the following to the end of Section 11F 1/2
122 (e):
123 The department shall provide that for facilities generating useful thermal energy by using
124 eligible biomass technologies that also install an electrostatic precipitator or other emissions
125 control device, an alternative energy credit shall be earned for 1,706,000 British thermal units of
126 net useful thermal energy so as to improve air quality.
127 SECTION 9. Chapter 25A of the General Laws is hereby amended by adding the
128 following section:-Section 21.
129 (a) The department of energy resources shall issue procurements totaling 4,500
130 megawatts of energy storage systems, of which 3,000 megawatts shall be mid-duration energy
131 storage; 750 megawatts shall be long-duration energy storage; and 750 megawatts shall be multi-
132 day energy storage. The procurement schedule for mid-duration energy storage shall be as
133 follows: approximately 1,000 megawatts no later than December 31, 2024; approximately 1,000
134 megawatts no later than December 31, 2025; and approximately 1,000 megawatts no later than
135 December 31, 2026.
136 (b) DOER shall seek industry and stakeholder input and comments on the structure and
137 details of the initial procurement no later than June 30, 2024.
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138 SECTION 10. Chapter 164 of the General Laws, as so appearing in the 2022 Official
139 Edition, is hereby amended by inserting before the definition of “Aggregator” the following
140 definition:
141 “Advanced Metering Infrastructure,” means a meter and network communications
142 technology that measures, records, and transmits electricity usage by the end user at a minimum
143 of hourly intervals and is capable of providing data to the end user and authorized third parties in
144 real time or near real time.
145 SECTION 11. Chapter 40 of the General Laws, as appearing in the 2022 Official
146 Edition,
147 is hereby amended by inserting at the end thereof the following sections:-
148 Section 70. Approval for Solar and Energy Storage Permit Applications
149 (a) The Permit Granting Authority shall allow for electronic submission of the permit
150 application and associated documentation for the installation of a solar PV system, solar thermal
151 system, building-integrated PV system, energy storage device, or a solar system combined with
152 an energy storage device. All required permitting documentation and forms shall be published on
153 the Permit Granting Authority’s publicly accessible internet website. The Permit Granting
154 Authority shall authorize an electronic signature for the permit application and other
155 documentation in lieu of a wet signature by an applicant. Electronic submission, including online
156 payment of associated permitting fees, shall be offered through either an online portal available
157 on the website of the Permit Granting Authority or via electronic mail to a dedicated account that
158 shall be capable of receiving permit applications.
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159 (b) Upon submission of required permit application documents, the application shall be
160 deemed complete if, after five business days have elapsed, the Permit Granting Authority has not
161 issued a written correction notice detailing all deficiencies in the application and identifying
162 additional information explicitly necessary for the Permit Granting Authority to complete a
163 review.
164 (c) An application shall be deemed approved and the applicant may begin installation if
165 ten business days after the application was deemed complete has elapsed and the following are
166 true:
167 (i) the Permit Granting Authority has not administratively approved the application.
168 (ii) the Permit Granting Authority has not denied the permit.
169 (d) A Permit Granting Authority may use an automated permitting platform that verifies
170 code compliance and issues permits in real time to satisfy the requirements of subdivisions (a),
171 (b), and (c). An applicant may begin installation after the issuance of a permit from such an
172 automated permitting platform.
173 Section 71. Solar and Energy Storage Inspections
174 (a) Applicant shall notify the Permit Granting Authority upon completion of system
175 installation. Permit Granting Authorities shall require no more than one inspection for a solar PV
176 system, building-integrated PV system, solar thermal system, energy storage device, or the solar