SENATE . . . . . . . . . . . . . . No. 2829
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
SENATE, June 17, 2024.
The committee on Senate Ways and Means to whom was referred the Senate Bill
advancing grid enhancement technologies (Senate, No. 2531) (also based on Senate, Nos. 2079,
2082, 2090, 2096, 2097, 2100, 2105, 2110, 2140, 2157, 2170, 2172 and 2529), - reports,
recommending that the same ought to pass with an amendment substituting a new draft entitled
“An Act upgrading the grid and protecting ratepayers (Senate, No. 2829). (Senator Fattman
dissenting).
For the committee,
Michael J. Rodrigues
 FILED ON: 6/17/2024
SENATE . . . . . . . . . . . . . . No. 2829
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act upgrading the grid 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:
1 SECTION 1. Section 30 of chapter 7C of the General Laws, as appearing in the 2022
2 Official Edition, is hereby amended by inserting after the word “of”, in line 4, the second time it
3 appears, the following words:- , energy efficiency of and greenhouse gas emissions directly
4 attributable to.
5 SECTION 2. Said section 30 of said chapter 7C, as so appearing, is hereby further
6 amended by striking out, in lines 10 and 11, the words “energy conservation maintenance and
7 operating procedures” and inserting in place thereof the following words:- maintenance and
8 operating procedures for energy conservation, energy efficiency and greenhouse gas emissions
9 reductions.
10 SECTION 3. Said section 30 of said chapter 7C, as so appearing, is hereby further
11 amended by striking out, in line 13, the words “energy efficiency standards” and inserting in
12 place thereof the following words:- standards for energy efficiency and greenhouse gas
13 emissions reductions.
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14 SECTION 4. Section 31 of said chapter 7C, as so appearing, is hereby amended by
15 striking out the first paragraph and inserting in place thereof the following paragraph:-
16 The division of capital asset management and maintenance shall evaluate the potential for
17 increasing energy efficiency and reducing greenhouse gas emissions, including, but not limited
18 to, by installing and maintaining electric vehicle supply equipment, as defined in section 2 of
19 chapter 25B, in each building owned by an authority or state agency or leased by such authority
20 or agency for not less than a 10-year period.
21 SECTION 5. Chapter 21A of the General Laws is hereby amended by adding the
22 following 2 sections:-
23 Section 29. There shall be an office of environmental justice and equity within the
24 executive office of energy and environmental affairs, which shall be administered by an
25 undersecretary of environmental justice and equity who shall be appointed and may be removed
26 by the secretary. The office shall be responsible for implementing environmental justice
27 principles as defined in section 62 of chapter 30 in the operation of each office and agency under
28 the executive office. The office shall develop standards and guidelines governing the potential
29 use and applicability of community benefit plans and agreements and cumulative impact
30 analyses in developing energy infrastructure with input from representatives from utilities, the
31 renewable energy industry, local governments, low and moderate income community
32 organizations, environmental sectors and other representatives as deemed appropriate by the
33 office.
34 Section 30. The executive office of energy and environmental affairs shall establish and
35 periodically update a methodology for determining the suitability of sites for clean energy
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36 generation facilities, clean energy storage facilities and clean transmission and distribution
37 infrastructure facilities in newly established public rights of way. The methodology shall include
38 multiple geospatial screening criteria to evaluate sites for development potential, climate change
39 resilience, carbon storage and sequestration, biodiversity and social and environmental benefits
40 and burdens. The office shall require facility development project proponents to avoid or
41 minimize or, if avoidance or minimization is impossible, mitigate siting impacts and
42 environmental and land use concerns. The executive office shall develop and periodically update
43 guidance to inform state, regional and local regulations, ordinances, by-laws and permitting
44 processes on ways to avoid, minimize or mitigate impacts on the environment and people to the
45 greatest extent practicable.
46 SECTION 6. Section 1 of chapter 23J of the General Laws, as so appearing, is hereby
47 amended by striking out the definitions of “Clean energy” and “Clean energy research” and
48 inserting in place thereof the following 2 definitions:-
49 “Clean energy”, advanced and applied technologies that significantly reduce or eliminate
50 the use of energy from non-renewable sources including, but not limited to: (i) energy efficiency;
51 (ii) demand response; (iii) energy conservation; (iv) carbon dioxide removal; (v) embodied
52 carbon reduction; or (vi) technologies powered, in whole or in part, by the sun, wind, water,
53 geothermal energy, including networked geothermal and deep geothermal energy, hydrogen
54 produced by non-fossil fuel sources and methods, alcohol, fuel cells, fusion energy, any other
55 renewable, non-depletable or recyclable fuel and nuclear fission; provided, however, that “clean
56 energy” shall include an alternative energy generating source as defined in clauses (i) to (vi),
57 inclusive, of subsection (a) of section 11F½ of chapter 25A.
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58 “Clean energy research”, advanced and applied research in new clean energy
59 technologies including: (i) solar photovoltaic; (ii) solar thermal; (iii) wind power; (iv) geothermal
60 energy, including networked geothermal and deep geothermal energy; (v) wave and tidal energy;
61 (vi) advanced hydropower; (vii) energy transmission and distribution; (viii) energy storage; (ix)
62 renewable biofuels, including ethanol, biodiesel and advanced biofuels; (x) renewable,
63 biodegradable chemicals; (xi) advanced thermal-to-energy conversion; (xii) fusion energy; (xiii)
64 hydrogen produced by non-fossil fuel sources and methods; (xiv) carbon capture and
65 sequestration; (xv) carbon dioxide removal; (xvi) energy monitoring; (xvii) green building
66 materials and embodied carbon reduction; (xviii) energy efficiency; (xix) energy-efficient
67 lighting; (xx) gasification and conversion of gas to liquid fuels; (xxi) industrial energy
68 efficiency; (xxii) demand-side management; (xxiii) fuel cells; and (xxiv) nuclear fission;
69 provided, however, that “clean energy research” shall not include advanced and applied research
70 in coal, oil or natural gas.
71 SECTION 7. Chapter 25 of the General Laws is hereby amended by striking out section
72 12N, as so appearing, and inserting in place thereof the following section:-
73 Section 12N. There is hereby established within the department and under the general
74 supervision and control of the commission a facility siting division, which shall be under the
75 charge of a director appointed by the commission. This division, subject to such supervision and
76 control, shall perform such functions as the commission deems necessary for the administration,
77 implementation and enforcement of sections 69G to 69W, inclusive, of chapter 164 imposed
78 upon the department and the energy facilities siting board.
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79 The division shall maintain a clean energy infrastructure dashboard. The division shall, in
80 cooperation with the executive office of energy and environmental affairs and its affiliated
81 departments and offices, create, maintain and update the dashboard by collecting, facilitating the
82 collection of and reporting comprehensive data and information related to: (i) accelerating the
83 responsible deployment of clean energy infrastructure through siting and permitting reform in a
84 manner consistent with applicable legal requirements including, but not limited to, emissions
85 limits and sublimits set under chapter 21N; (ii) facilitating community input into the siting and
86 permitting of clean energy infrastructure; and (iii) ensuring that the benefits of clean energy
87 deployment are shared equitably among all residents of the commonwealth; provided, however,
88 that the dashboard shall, at a minimum, report for the most recent reporting period and in the
89 aggregate the number of facility applications filed, decided or pending information including, but
90 not limited to: (a) the number of applications deemed incomplete and the number of applications
91 constructively approved; (b) the average duration of application review; and (c) average staffing
92 levels delineated by job classification. The dashboard shall make use of bar charts, line charts
93 and other visual representations in order to facilitate public understanding of both recent
94 performance and long-term and cumulative trends and outcomes of clean energy deployment.
95 The division shall convene a stakeholder process for the purpose of developing and informing
96 the design and content of the dashboard.
97 SECTION 8. The first paragraph of section 12Q of said chapter 25, as so appearing, is
98 hereby amended by striking out the second sentence and inserting in place thereof the following
99 sentence:- The department shall credit to the fund: (i) appropriations or other money authorized
100 or transferred by the general court and specifically designated to be credited to the fund; (ii)
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101 application fees collected pursuant to section 69J1/2 of chapter 164; and (iii) income derived
102 from the investment of amounts credited to the fund.
103 SECTION 9. Said chapter 25 is hereby further amended by inserting after section 12R the
104 following 2 sections:-
105 Section 12S. There shall be a Department of Public Utilities and Energy Facilities Siting
106 Board Intervenor Support Fund. The department shall credit to the fund: (i) appropriations or
107 other money authorized or transferred by the general court and specifically designated to be
108 credited to the fund; (ii) a portion of application fees, as determined by the department, collected
109 pursuant to sections 69J1/2, 69T, 69U, 69V and 69W of chapter 164; (iii) any non-ratepayer
110 funded sources obtained through gifts, grants, contributions and bequests of funds from any
111 department, agency or subdivision of federal, state or municipal government or any individual,
112 foundation, corporation, association or public authority; and (iv) income derived from the
113 investment of amounts credited to the fund. All amounts credited to the fund shall be held in trust
114 and shall be expended solely, without further appropriation, for the purposes set forth in section
115 149 of chapter 164, consistent with the requirements set forth in said section 149 of said chapter
116 164 and any regulations promulgated thereunder. Any unexpended balance in the fund at the
117 close of a fiscal year shall remain in the fund and shall not revert and shall be available for
118 expenditure in subsequent fiscal years.
119 Section 12T. There shall be a division of public participation within the department and
120 under the general supervision and control of the commission, which shall be under the charge of
121 a director appointed by the commission. The division, subject to such supervision and control,
122 shall perform such functions as the commission may determine and shall be responsible for
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123 assisting individuals, local governments, community organizations and other entities with
124 business before the department or the energy facilities siting board. With respect to matters
125 before the department, the division shall assist such parties with navigating filing requirements,
126 opportunities to provide comment and intervene and facilitating dialogue among parties to
127 proceedings. With respect to siting and permitting matters under the jurisdiction of the energy
128 facilities siting board, the division shall assist individuals, local governments, community
129 organizations, project applicants, and other entities with navigating pre-filing consultation and
130 engagement requirements, clarifying filing requirements, identifying opportunities to intervene
131 and facilitating dialogue among stakeholders involved in the permitting process and shall assist
132 with coordinating with other state, regional and local officials, including the office of
133 environmental justice and equity established by section 29 of chapter 21A, involved in pre-filing
134 consultation and engagement processes and permitting processes generally. The director and
135 staff of the division shall not participate as adjudicatory staff in matters before the department or
136 in reviewing applications submitted to the energy facilities siting board, nor shall they serve as
137 legal counsel to or otherwise represent any party before the department or the energy facilities
138 siting board. The director shall be responsible for making final determinations with respect to
139 intervenor funding support requests made pursuant to section 149 of chapter 164 and
140 administering all aspects of the intervenor support grant program established pursuant to said
141 section 149 of said chapter 164.
142 SECTION 10. Section 22 of chapter 25 of the General Laws, as most recently amended
143 by section 140 of chapter 7 of the acts of 2023, is hereby further amended by striking out, in line
144 6, the words “the manufacturing industry” and inserting in place thereof the following words:-
145 low and moderate income interests.
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146 SECTION 11. Said section 22 of said chapter 25, as so amended, is hereby further
147 amended by striking out, in line 7, the words “organized labor” and inserting in place thereof the
148 following words:- workforce development and organized labor.
149 SECTION 12. Said section 22 of said chapter 25, as so amended, is hereby further
150 amended by striking out, in lines 11 and 12, the words “employing fewer than 10 persons”.
151 SECTION 13. Said section 22 of said chapter 25, as so amended, is hereby further
152 amended by striking out, in lines 24 and 25, the words “energy efficiency businesses” and
153 inserting in place thereof the following words:- the Massachusetts clean energy center.
154 SECTION 14. Said section 22 of said chapter 25 is hereby further amended by striking
155 out subsection (b), as appearing in the 2022 Official Edition, and inserting in place thereof the
156 following subsection:-
157 (b) The council shall, as part of the approval process by the department, seek to: (i)
158 maximize net economic benefits through energy efficiency, demand management and beneficial
159 electrification resources; and (ii) achieve energy, capacity, climate and environmental goals
160 through a sustained and integrated statewide energy efficiency and decarbonization effort.
161 The council shall: (i) review and approve plans and budgets; (ii) work with program
162 administrators in preparing energy resource assessments; (iii) determine the economic, system
163 reliability, climate and air quality benefits of energy efficiency, demand management and
164 beneficial electrification resources; (iv) conduct and recommend relevant research; and (v)
165 recommend long-term energy efficiency, demand management and beneficial electrification
166 goals consistent with meeting greenhouse gas emissions limits and sublimits imposed by law or
167 regulation and with mitigating ratepayer impacts. Approval of energy efficiency, demand
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168 management and beneficial electrification plans and budgets shall require a 2/3 vote. The
169 council shall, as part of its review of plans, examine opportunities to offer joint programs. Any
170 costs for such joint programs shall be allocated equitably among the efficiency programs.
171 SECTION 15. Section 2 of chapter 25A of the General Laws, as so appearing, is hereby
172 amended by striking the second paragraph and inserting in place thereof the following
173 paragraph:-
174 There shall be within the department 5 divisions: (i) a division of energy efficiency,
175 which shall work with the department of public utilities regarding energy efficiency programs;
176 (ii) a division of renewable and alternative energy development, which shall oversee and
177 coordinate activities that seek to maximize the installation of renewable and alternative energy
178 generating sources that will provide benefits to ratepayers, advance the production and use of
179 biofuels and other alternative fuels as the division may define by regulat