Credit to Jess Nahigian, MA Sierra Club for writing this.
On Monday, June 17, the Senate released a 96 page climate bill, to be voted on Thursday, June 20. With amendments
due at 5pm on Tuesday the 18th, advocates scrambled to understand the bill and, working with Senators, introduce
missing, critical pieces. After the federal holiday on Wednesday, the bill was brought up in session on Thursday, June
20. In response, a Republican senator used a parliamentary maneuver to delay the bill by one day, a maneuver he
could use up to three times. This pushed the vote to Tuesday, June 25th, when the bill was debated and finally passed
with a vote of 38-2.
Advocates worked tirelessly to support amendments that would strengthen the bill, as well as oppose amendments
that would weaken the bill. The good news and bad news is that a limited number of good amendments passed, while
all of the bad amendments did not. Now, the Senate passes the baton in the House, which has been cooking up its
own climate bills. The House must deliver strong, equity-centered climate action.
We’re very disappointed in the Senate’s decision not to include provisions with a specific equity focus, including a
strong definition of a cumulative impacts analysis when making siting decisions and a halt on gas expansion that
would prevent projects like the Springfield Longmeadow pipeline. The House now has an opportunity to lead on
environmental and climate justice.
Please join us as we rally with the young leaders at the MA Youth Climate coalition on Saturday, June 13th 1pm on the
Boston Common.
Some highlights of strong provisions in the Senate bill….
It directs the DPU to consider climate goals, the risk of stranded assets, and alternatives when evaluating expansion
of gas distribution service to a new territory if such proposals 1) don’t comply with state law on greenhouse gas
emission reductions, 2) don’t protect ratepayers from the cost of stranded assets, and 3) if an alternative to gas
service is available.
It gives the DPU the power to refuse a new customer request for gas services if an adequate substitute is available or
if such service interferes with meeting the Commonwealth’s greenhouse gas emissions limits.
It requires gas companies to make an annual plan for retirement, repair, or replacement of the gas distribution
system that demonstrates how the plan is consistent with the companies’ climate compliance plans. It encourages
the development of alternative, non-emitting energy, particularly networked geothermal energy. It phases out (over
the next five years) the special financing arrangement for gas companies doing pipe replacement.
It electrifies the commuter rail, with a special focus on the Fairmont Indigo line, and requires the MBTA create a
specific plan to electrify, by 2030, the remainder of the commuter rail fleet for all commuter rail lines.
It removes biomass from the definition of “non-emitting energy” for municipal light plants, which was set to be
added in 2026.
It creates guidance and recommendations for communities, with public input, for small energy infrastructure
approval
It creates a fund to assist communities with siting processes.
It requires procurement solicitations to include certification and disclosure information on labor standards that
would be used in the bid
It creates a commission to measure and monitor the impact on fossil fuel workers and industries and examine ways
to increase access to employment, training, transition, and workforce opportunities in clean energy industries and
related fields.
See below for a full list of pieces of the bill (doesn’t include amendments)
You can also find a writeup of the bill here – willbrownsberger.com/senate-energy-bill-passed-2/
Buildings
Requires the Director of Facilities Management to make provision for and recommend to the Commissioner of
Capital Asset Management and Maintenance energy conservation energy efficiency and greenhouse gas emissions
reductions and requires the Division to evaluate the potential of increasing energy efficiency and reducing
greenhouse gas emissions in each building owned or leased by the Commonwealth.
Updates the membership of the Energy Efficiency Advisory Council to include the Massachusetts Clean Energy
Center.
Authorizes the Board of Building Regulations to consider energy efficiency, reducing greenhouse gas emissions and
reductions in embodied carbon.
Clarifies that certain refrigerants identified by federal regulations are acceptable for use within the Commonwealth.
Gas
Amends the definition of “gas company” to authorize the sale and distribution of geothermal energy.
Requires the Department of Public Utilities to consider whether the expansion of gas service territory is reasonable
and in the public interest.
Requires the Department of Public Utilities, in assessing a petition to order a corporation to supply gas service, to
consider the public interest in reducing greenhouse gas emissions and whether there are adequate substitutes for
gasfired services.
Requires gas companies to file plans with the Department of Public Utilities with annual targets of infrastructure
measures and decommissioning proposals, including timelines for remedying leak-prone infrastructure.
Authorizes the Department of Public Utilities, through November 1, 2030, to approve and reconcile reasonable and
prudent costs for recovery not to exceed a percentage of a gas company’s most recent calendar year total revenues.
Repeals the requirement that the Department of Public Utilities authorize gas companies to design programs to
customers which increase the availability, affordability and feasibility of natural gas service for new customers.
Siting
Requires the facility siting division within the Department of Public Utilities to maintain a clean energy
infrastructure dashboard.
Updates the funding sources for the Department of Public Utilities Energy Facilities Siting Board Trust Fund.
Establishes a Department of Public Utilities and Energy Facilities Siting Board Intervenor Support Fund to provide
funding for intervenor support in Department and Board proceedings.
Establishes a Division of Public Participation within the Department of Public Utilities to assist individuals, local
governments and community organizations with business before the Department.
Establishes within the Department of Energy Resources a division of clean energy procurement and a division of
clean energy siting and permitting.
Requires the Department of Energy Resources to: (i) develop resource solicitation plans; (ii) conduct clean energy
procurements; (iii) negotiate and execute contracts with clean energy generation and service providers; and (iv)
develop regulations for the siting, zoning, review and permitting of small clean energy facilities by local
governments.
Requires the Department of Energy Resources to establish standards, requirements and procedures governing the
siting and permitting of small clean energy infrastructure facilities by local governments.
Clarifies that applications and petitions for a consolidated permit with the Energy Facilities Siting Board are exempt
from certain environmental impact reporting requirements.
Amends the composition of the Energy Facilities Siting Board and updates voting and quorum requirements.
Requires the Energy Facilities Siting Board to promulgate regulations for cumulative impact analysis as part of its
review of facilities, large clean energy infrastructure facilities and small clean energy infrastructure facilities in
consultation with the office of environmental justice and equity and Massachusetts environmental policy act office.
Authorizes the Energy Facilities Siting Board to issue consolidated permits for: (i) large clean energy infrastructure
projects; (ii) small clean energy transmission and distribution infrastructure facilities; and (iii) small clean energy
generation and small clean energy storage facilities.
Establishes a process for the Department of Public Utilities to make grants available from the Department of Public
Utilities and Energy Facilities Siting Board Intervenor Support Fund to parties that have been granted intervenor
status.
Clarifies that appeals of local permitting decisions pertaining to renewable energy and storage projects are under
the jurisdiction of the land court.
Requires any electric company, distribution company, generation company, transmission company or natural gas
pipeline company to petition the Energy Facilities Siting Board when it seeks to take land, rights of way or easements
under eminent domain.
Authorizes an energy storage system that has received a comprehensive exemption from local zoning by-laws from
the Department of Public Utilities to petition the Energy Facilities Siting Board to obtain a certificate of
environmental impact and public interest.
Extends permits for any renewable generation or energy storage facility that obtained a permit between October 22,
2020, and August 1, 2024, and is experiencing interconnection delays, to August 1, 2029.
Requires the Office of Environmental Justice and Equity to establish standards and guidelines for community benefit
plans and agreements not later than March 1, 2026.
Requires the Executive Office of Energy and Environmental Affairs to establish the methodology for determining the
suitability of sites and associated guidance not later than March 1, 2026.
Requires the Energy Facilities Siting Board to promulgate consolidated permit and updated siting and permitting
regulations not later than March 1, 2026.
Requires Director of the Division of Public Participation to complete a review of the intervenor financial support
program by June 1, 2029.
Just Transition
Equity
Puts into statute an Office of Environmental Justice and Equity within the Executive Office of Energy and
Environmental Affairs and requires the Office to periodically update a methodology for determining sites for clean
energy facilities.
Clean energy
Expands the definition of “clean energy” to include embodied carbon reduction
Authorizes the Department of Energy Resources to coordinate with 1 or more New England states to consider
competitive solicitations for long-term clean energy generation, associated environmental attributes, transmission
or capacity.
Requires the Department of Energy Resources to publish resource solicitation plans not less than every 3 years and
to consult with the Attorney General to establish a competitive bidding process for clean energy solicitations.
Rates
Requires the Department of Public Utilities to establish discounted rates for moderate-income consumers with
distribution companies.
Requires the Department of Public Utilities to promulgate regulations for moderate income discount rate eligibility.
Electricity
Prohibits a competitive energy supplier from executing a new contract or renewing an existing contract for
generation service with an individual retail consumer.
Transportation
Authorizes condominium associations to require reasonable measures to facilitate energy savings, energy efficiency
and greenhouse gas emissions reductions, including the installation of electric vehicle supply equipment.
Prohibits a historic district commission, board of a neighborhood conservation district or manager or organization
of unit owners of an association from prohibiting or unreasonably restricting an individual unit owner from
installing electric vehicle supply equipment.
Expands the membership of the Electric Vehicle Intergovernmental Coordinating Council to include the
Commissioner of the Division Standards and the Chief Executive Officer of the Massachusetts Clean Energy Center.
Requires the Electric Vehicle Intergovernmental Coordinating Council to lead the deployment of electric vehicle
charging infrastructure.
Requires the Commissioner of Energy Resources, in revising energy efficiency standards, to allow the use of electric
vehicle supply equipment that consumes additional kilowatts per hour.
Clarifies the method by which electric school busses and installation of electric vehicle supply equipment may be
procured by governmental bodies.
Authorizes not more than $27M from the RGGI Auction Trust Fund to be made available each fiscal year through June
30, 2027 for the Electric Vehicle Adoption Incentive Trust Fund.
Requires the Department of Public Utilities to open a proceeding to encourage right-of-way or pole-mounted
electric vehicle supply equipment not later than July 31, 2025.
General
Adjusts reporting requirements of the Department of Energy Resources and removes the requirement that the
Department submit proposed regulations to the General Court.
Authorizes the Board of Plumbers & Gas Fitters to allow variances of regulations to meet emissions limits.
Requires the Massachusetts Port Authority to promote commerce and economic prosperity and prioritize safety,
security, resilience, equity and reductions in greenhouse gas emissions.
Bad
Expands the definition of “clean energy” to include carbon dioxide removal and nuclear fission.
Requires the Massachusetts Clean Energy Center to study the prospects and opportunities for carbon dioxide
removal innovation and operations within the Commonwealth.
(Adds carbon sequestration to the purview of the MassCEC)
Leave a Reply