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An Act relative to calculation full costs for public construction
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S2052
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SD1153
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:42:38.83'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-18T23:42:38.83'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:34:09.1466667'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2052) of Marc R. Pacheco for legislation relative to life cycle costs for public construction. State Administration and Regulatory Oversight.
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Notwithstanding any general or special law to the contrary, the awarding authority for a contract for the construction or reconstruction of any public work shall factor in life cycle cost estimates when determining the lowest responsible and eligible bidder. For the purposes of this act, life cycle cost estimates shall mean estimates of the operational costs of the facility and the costs of installing, financing, fueling, maintaining, and replacing an energy system, including the cost of any energy conservation measures to reduce the required capacity or fuel consumption of any energy system.
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An Act establishing a moratorium on the procurement of structures or activities generating PFAS emissions
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S2053
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SD1716
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:49:05.007'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T19:49:05.0066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-27T12:32:06.9333333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-27T12:32:06.9333333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2053) of Marc R. Pacheco for legislation to establish a moratorium on the procurement of structures or activities generating PFAS emissions. State Administration and Regulatory Oversight.
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SECTION 1. Whereas, perfluoroalkyl and polyfluoroalkyl substances, known as PFAS, are highly persistent chemicals that are transported long distances in the environment; and
Whereas, businesses, corporations, and other entities throughout the United States have voluntarily contributed to the effort to reduce releases of long-chain PFASs due to their toxic effects on human health; and
Whereas, the PFAS with fewer than 8 carbon-fluorine bonds currently being used as alternatives to perfluorooctanoic sulfonate, known as PFOA, and perfluorooctanoic acid, known as PFOS, are also highly persistent and subject to long-range transport and have similar potential for harm as the long-chain PFAS; and
Whereas, over 200 scientists from all over the world have signed a statement calling for governments to limit the use of PFAS while studies determine the safety of these chemicals, given their persistence in the environment, potential for harm, and lack of adequate data proving safety;
Resolved, that the policy goals of this act shall be to limit exposure of the residents of the Commonwealth, directly or indirectly, to PFAS contaminants via airborne emissions.
SECTION 2. Chapter 21C of the General Laws is hereby amended by inserting after Section 30 the following section:-
Section 31. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:
"Perfluoroalkyl and polyfluoroalkyl substances" or “PFAS” - a class of fluorinated organic chemicals containing at least 1 fully fluorinated carbon atom
(b) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Environmental Protection shall establish and enforce as necessary a moratorium prohibiting the procurement of PFAS-emitting structures or activities and shall not grant approval to any person required to file an environmental notification form proposing a new use or structure or modification of an existing use or structure where said proposal would generate emissions containing perfluoroalkyl and polyfluoroalkyl substances
(c) Said moratorium shall remain effective indefinitely until the promulgation of PFAS emission standards by both:
(1) the United States Environmental Protection Agency; and
(2) the Massachusetts Department of Environmental Protection, the Massachusetts Department of Public Health, or other state agency or department otherwise charged with the duty to promulgate regulations relative to establishing a maximum concentration of chemicals deemed consistent with the best interests of the public health and safety of the Commonwealth.
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An Act to promote budget transparency and the public’s right to know
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S2054
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SD1782
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T21:23:19.633'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-19T21:23:19.6333333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-04T17:11:30.25'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2054) of Marc R. Pacheco for legislation to promote budget transparency and the public’s right to know. State Administration and Regulatory Oversight.
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Section 1. Chapter 10 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new section:-
Section 79. The treasurer, in coordination with the secretary of the commonwealth, shall provide a short summary each year to be published on the Secretary of the Commonwealth’s website by March 15, which reports the total amount of income tax paid by Massachusetts residents to the federal government in the prior year, together with the percent of those dollars appropriated in the prior year’s Congressional discretionary budget to housing, education, healthcare, public transit, biomedical research, veterans services, food stamps and assistance, environmental protection, and defense spending, including nuclear weapons. The summary shall include this information in the form of a pie chart or bar graph, and using the budget numbers reported by the federal Congressional Budget Office. The summary shall also include information noting that Medicare and Social Security programs are financed as trust funds and are not financed through income taxes.
The summary shall also include a report on the Commonwealth’s annual budget for the prior fiscal year. The report shall communicate the percent of the budget allocated to housing, education, healthcare, public transit, criminal justice, veterans services, food stamps and assistance, environmental protection, and conservation and recreation. The report shall also include the contribution of federal funds being returned to Massachusetts in those categories. The report shall include this information in the form of a pie chart or bar graph.
The information required under this section may be acquired from any nonpartisan, third-party organization that regularly compiles such data; provided further, there may be an agreement with such an organization to produce the report.
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An Act improving government accountability
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S2055
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SD2286
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T15:10:10.897'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T15:10:10.8966667'}, {'Id': None, 'Name': 'Diana DiZoglio, Massachusetts State Auditor', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T15:10:10.8966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:08:57.5933333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:08:57.5933333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2055) of Marc R. Pacheco and Diana DiZoglio, Massachusetts State Auditor for legislation to improve government accountability. State Administration and Regulatory Oversight.
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SECTION 1. Section 2 of chapter 11 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by deleting, in line 2, the word “him”.
SECTION 2. Section 2 of said chapter, as so appearing, is hereby amended by deleting, in line 3, the word “him” and inserting, in line 3, after the word “by” the following words:- "the state auditor".
SECTION 3. Section 2 of said chapter, as so appearing, is hereby amended by inserting, in line 4, after the word “the” the following word:- "state".
SECTION 4. Section 2 of said chapter, as so appearing, is hereby amended by deleting, in line 5, the word “his” and inserting, in line 5, after the word “of” the following word:- "the".
SECTION 5. Section 2 of said chapter, as so appearing, is hereby amended by deleting, in line 10, the word “his”.
SECTION 6. Section 5 of said chapter, as so appearing, is hereby amended by deleting, in lines 2, 3, and 4, the words “a second, third and fourth deputy auditor, administrator of field operations of state audits and an administrator of field operations of authority audits” and inserting, in line 2, after the word “remove” the following words:- "deputy auditors".
SECTION 7. Section 6 of said chapter, as so appearing, is hereby amended by deleting, in lines 2, 3, 4, and 5, the words “Said employees shall be organized in five divisions, namely, the division of state audits, the division of authority audits, the division of federal audits, the division of contract audits and the division of local mandates.”.
SECTION 8. Section 6B of said chapter, as so appearing, is hereby amended by inserting in line 12 after the word “C” the following words:- "and the significant financial impacts under this section".
SECTION 9. Section 6B of said chapter, as so appearing, is hereby amended by deleting, in line 19, the words “every five years”.
SECTION 10: Section 6B of said chapter, as so appearing, is hereby amended by inserting, in line 21, after the word “towns.” the following words:- "The division shall also review every five years newly enacted laws and administrative regulations which have a significant financial impact upon cities and towns.".
SECTION 11. Section 6B of said chapter, as so appearing, is hereby amended by deleting, in line 23, the word “or” and inserting, in line 24, after the word “expenditures” the following words:- ", or grant or increase exemptions from local taxation".
SECTION 12. Section 6B of said chapter, as so appearing, is hereby amended by inserting after the fourth paragraph the following paragraph:- "Administrative agencies when adopting, repealing, or amending any rule or regulation that may have an impact on the cities and towns of the commonwealth shall provide the division with a copy of the local impact statement as described in Executive Order Number 145.".
SECTION 13: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 6 and 7, the words “and, for” and inserting, in line 6, following the word “revenue” the following words:- ". For".
SECTION 14: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 9, after the word “times” the following words:- ", as determined by the state auditor,".
SECTION 15: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 9, after the words “require the” the following word:- "timely".
SECTION 16: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 9, after the word “production” the following words:- ", as determined by the state auditor, but not later than ten business days following any request,".
SECTION 17: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 10, after the word “documents,” the following words:- "physical records, forms,".
SECTION 18: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 10, after the word “records” the following words:- ", including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 19: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 10 and 11, the words “to any matter within the scope of” and inserting, in line 10, after the word “relating” the following words:- "in any way to".
SECTION 20: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 12, the words “returns. In” and inserting, in line 12, after the word “tax" the following words:- "returns.
In".
SECTION 21: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 17, 18, and 19, the words “; provided, however, that each entity shall be audited at least once every 3 years and an entity shall be subject to audit as often as the state auditor determines it necessary. The” and inserting, in line 17, after the word “entities” the following words:- ". The state auditor shall audit each entity as often as determined by the state auditor, but not less than once every five years, based upon an identification of risk in statewide processes or programs or agency specific operations and activities.
The".
SECTION 22: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 23, the words “within the scope of any such” and inserting, in line 22, after the word “records” the following words:- "relating in any way to an".
SECTION 23: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 26, the words “States. In any audit report of” and inserting, in line 26, after the word “United” the following words:- "States.
For all audits issued by the department of the state auditor where it has identified findings relative to".
SECTION 24: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 30, 31, and 32, the following words “issued by the department of the state auditor, wherein there appears adverse or critical audit results, the state auditor may require a response, in writing, to such audit results.” and inserting, in line 30, after the word “court,” the following words:- "the auditee shall provide a written response to the department of the state auditor.".
SECTION 25: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 33, after the word “shall” the following words:- "contain a detailed description of the auditee’s plans to address the findings and recommendations contained in the audit report, and shall".
SECTION 26: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 34, 35, 36, 37, 38, 39, 40, 41, and 42, the words “A copy of the response shall be filed with the appropriate secretariat, the secretary of administration and finance, the cognizant executive board in the case of an authority, and the house and senate committees on ways and means. The state auditor shall notify the appropriate secretariat, the secretary of administration and finance, the cognizant executive board in the case of an authority, and the house and senate committees on ways and means in the event of an agency’s failure to respond or of the filing of unresponsive answers.”.
SECTION 27: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 44 and 45, the following words “examine; provided, however, that in” and inserting, in line 44, after the word “to” the following words:- "examine.
The department of the state auditor may require a corrective action plan. The state auditor may prescribe forms and issue guidelines governing an auditee’s corrective action plan. If the final audit report issued by the department of the state auditor requires a corrective action plan, the head of the entity audited shall file the corrective action plan within the timeframe required by the state auditor. The auditee’s corrective action plan shall be filed with the state auditor, the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, and the chairman and ranking minority members of the senate committee on post audit and oversight, and the chairman and ranking minority members of the house committee on post audit and oversight.
In".
SECTION 28: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 61, the following words “county. On” and inserting, in line 61, after the word “or” the following words:- "county.
On".
SECTION 29: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 69, the words “fraud. The” and inserting, in line 69, after the word “involve” the following words:- "fraud.
The".
SECTION 30: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 72, after the word “books,” the following word:- "physical".
SECTION 31: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 72, after the word “records” the following words:- ", documents, forms,".
SECTION 32: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 72, after the word “activities” the following words:- ", including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 33: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 77, after the word “necessary” the following words:- " , as determined by the state auditor,".
SECTION 34: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 91, after the words “activities,” the following words:- "as defined in this paragraph,".
SECTION 35: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 92, the words “vendor. The” and inserting, in line 92, the following words:- "vendor.
The".
SECTION 36: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 101, after the word “the” the following word:- "timely".
SECTION 37: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 101, after the word “production” the following words:- ", as determined by the state auditor, but not later than ten business days following any request,".
SECTION 38: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 101, after the word “documents,” the following words:- "physical records, forms,".
SECTION 39: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 102, after the word “records” the following words:- ", including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 40: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 102 and 103, the words “to any matter within the scope of such” and inserting, in line 102, after the word “relating” the following words:- "in any way to an".
SECTION 41: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 105, after the word “books,” the following word:- "physical".
SECTION 42: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in line 105, the following word:- "and".
SECTION 43: Section 12 of said chapter, as so appearing, is hereby amended by inserting, in line 105, after the word “activities,” the following words:- "documents, and forms, including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein,".
SECTION 44: Section 12 of said chapter, as so appearing, is hereby amended by deleting, in lines 106 and 107, the words “to any matter within the scope of the” and inserting, in line 106, after the word “relating” the following words:- "in any way to an".
SECTION 45. Section 16 of said chapter, as so appearing, is hereby amended by deleting, in line 4, the words “and shall devote his entire time” and inserting, in line 4, after the word “experience” the following words:- ". The director’s time shall be devoted entirely".
SECTION 46. Section 16 of said chapter, as so appearing, is hereby amended by deleting, in line 5, the word “he” and inserting, in line 5, after the word “as” the following words:- "the state auditor".
SECTION 47. Section 17 of said chapter, as so appearing, is hereby amended by inserting, in line 6, after the word “assistance” the following words:- ", or any other agency or department,".
SECTION 48. Section 17 of said chapter, as so appearing, is hereby amended by inserting, in line 7, after the word “said” the following words:- "agencies or".
SECTION 49: Section 17 of said chapter, as so appearing, is hereby amended by inserting, in line 21, after the word “services” the following words:- ", and any other agency or department administering any assistance program,".
SECTION 50. Section 17 of said chapter, as so appearing, is hereby amended by deleting, in line 22, the words “records and accounts” and inserting, in line 22, after the word “such” the following words:- "physical records, forms, vouchers, and other records, including but not limited to electronic data, electronic databases, electronic applications, and electronic systems in their native format, including any personally identifiable information, protected health information, or other confidential information contained therein".
SECTION 51. Section 17 of said chapter, as so appearing, is hereby amended by deleting, in line 23, the words “and may require the production of books, documents and vouchers”.
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An Act to ensure transportation sector cost savings through joint procurement
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S2056
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SD2351
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T11:20:19.477'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T11:20:19.4766667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:07:20.89'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:07:20.89'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T18:07:20.89'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2056) of Marc R. Pacheco for legislation to ensure transportation sector cost savings through joint procurement. State Administration and Regulatory Oversight.
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SECTION 1. The department of environmental protection shall, in collaboration with the Massachusetts Clean Energy Technology Center, establish and administer a procurement network for all planned and ongoing zero emission vehicle solicitations issued by state and municipal government entities in Massachusetts. The department shall collect specifications relative to the zero emission vehicle needs of participating members and share specifications among participants for the purpose of facilitating joint zero emission vehicle procurements designed to reduce cost.
SECTION 2. The department may also solicit the participation from regional, county, and quasi-public entities as well as states participating in the Regional Greenhouse Gas Initiative; and upon request by said entities and eligible states shall add them to the procurement network.
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An Act prohibiting state and municipal contracts for the purchase and installation of artificial turf fields
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S2057
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SD2372
| 193
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{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T14:35:33.593'}
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[{'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-20T14:35:33.5933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-23T18:09:06.69'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-23T18:09:06.69'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-09-27T13:55:37.3333333'}]
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Bill
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By Mr. Pacheco, a petition (accompanied by bill, Senate, No. 2057) of Marc R. Pacheco for legislation to prohibit state and municipal contracts for the purchase and installation of artificial turf fields. State Administration and Regulatory Oversight.
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No municipality, including, but not limited to, any school district, state department, or state agency, shall enter a contract for the purchase, use, or installation of artificial turf for a new or existing field. Artificial turf fields that have been already installed may remain in use, but shall not be replaced with artificial turf.
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An Act enhancing the effectiveness of nonprofits’ core mission work through full cost funding
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S2058
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SD1899
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-20T10:11:04.793'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-20T10:11:04.7933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2058/DocumentHistoryActions
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 2058) of Pavel M. Payano for legislation to enhance the effectiveness of nonprofits’ core mission work through full cost funding. State Administration and Regulatory Oversight.
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Notwithstanding any special or general laws to the contrary, Chapter 29 of the General Laws is hereby amended by inserting after section 6B the following section:-
Section 6BB. (a) For the purposes of this section, the following words shall have the following definitions, unless the context clearly requires otherwise:
“Indirect costs” means any costs that would be considered to be indirect costs under 2 C.F.R. 200.414 OMB uniform guidance.
“NICRA” means a Negotiated Indirect Cost Rate Agreement that reflects an indirect cost rate negotiated between the federal government and a grant or contract awardee, which is used to calculate an awardee’s compensation by federal agencies for indirect costs.
“Nonprofit organization” means an organization that is tax exempt under § 501(c)(3), (4), or (6) of the internal revenue code.
“OMB uniform guidance” means the uniform administrative requirements, cost principles, and audit requirements for federal awards adopted by the office of management and budget in 2 C.F.R. 200 and any related guidance published by the office of management and budget.
(b) If a nonprofit organization is a direct recipient or subrecipient of a grant or contract for the provision of services that is funded either wholly with state funds or with a combination of state and other non-federal funds, the terms of the grant or contract shall allow for reimbursement of indirect costs:
(1) at the same rate the nonprofit organization has negotiated and received for a NICRA under a direct federal award, providing the current rate is unexpired; and
(2) if the nonprofit organization has not negotiated and received an indirect cost rate described in item (a) of this subsection:
(i) at a rate of at least 15% of the costs that would be considered modified total direct costs under OMB uniform guidance,
(ii) by negotiating a new percentage indirect cost rate with the Executive Office of Administration and Finance per guidelines established by the Secretary of the Executive Office of Administration and Finance.
(c) This section applies whether or not the funds awarded through the grant or contract are transferred directly by the state or through a third party to the nonprofit organization.
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An Act establishing Election Day as a holiday and providing paid voting leave
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S2059
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SD353
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:15:23.977'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:15:23.9766667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-03T17:21:35.03'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:51:37.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2059/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2059) of Rebecca L. Rausch, Lydia Edwards and James B. Eldridge for legislation to establish Election Day as a holiday and providing paid voting leave. State Administration and Regulatory Oversight.
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SECTION 1. The eighteenth clause of section 7 of chapter 4 of the General Laws is hereby amended by adding the following sentence:- “Legal holiday” shall also include Election Day, the first Tuesday in November in even-numbered years; provided, however, that observance of said holiday shall not apply to public employees whose jobs pertain to the operation and administration of elections.
SECTION 2. Chapter 149 of the General Laws is hereby amended by striking out section 178 and inserting in place thereof the following section:-
Section 178. Paid leave of absence from work for voting.
(a) For purposes of this section, the terms ''employer'' and “employee” shall be defined as in section 1 of chapter 175M.
(b) An employee who is eligible to vote shall be entitled, upon request, to take two hours of paid leave to be used for the purpose of casting a ballot in any annual or special municipal or state primary or election. An employee may elect to take paid voting leave at any point during the early voting or mail voting period provided by law, or on the date of a primary or election. Employees eligible to observe Election Day as a holiday, as defined in the eighteenth clause of section 7 of chapter 4, shall not be entitled to take additional paid leave pursuant to this paragraph for biennial general elections.
(c) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, the right to take paid voting leave under this section as a negative factor in any employment action such as evaluation, promotion, disciplinary action or termination, or otherwise subjecting an employee to discipline for the use of paid voting leave under this section.
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An Act relative to the citizenship requirement to be appointed manger on license for the sale of alcoholic beverages
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S206
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SD2316
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T15:22:54.137'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-20T15:22:54.1366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-08-30T12:01:59.3033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S206/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 206) of Patrick M. O'Connor for legislation relative to the citizenship requirement to be appointed manger on license for the sale of alcoholic beverages. Consumer Protection and Professional Licensure.
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SECTION 1. Section 26 of Chapter 138 of General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “United States “in line 4 the following words:-
“or a qualified alien under the federal Immigration and Nationality Act, 8 U.S.C. 1101”
And by inserting after the words “United States” in line 16 the following words:-
“or a qualified alien under the federal Immigration and Nationality Act, 8 U.S.C. 1101”
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An Act regarding information governance
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S2060
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SD364
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:31:10.49'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:31:10.49'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2060/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2060) of Rebecca L. Rausch for legislation relative to regard information governance. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of Chapter 4 of the General Laws is hereby amended in clause twenty-sixth by inserting the following subclause:-
(k) protected by the attorney-client privilege, the work product doctrine, or other doctrinal protection from disclosure;
SECTION 2. Chapter 66 of the General Laws is hereby amended by adding the following section:-
Section 2. (a) For purposes of this section, the term “information governance plan” or “IG plan” shall mean a comprehensive set of protocols for the efficient retention and routine disposal of documents and data existing in any format or medium, whether or not said documents and data are deemed public records as defined in clause twenty-sixth of section 7 of chapter 4.
(b) Each agency and municipality subject to the requirements of this chapter with regard to public records shall create, implement, maintain, and enforce a comprehensive information governance plan, including, at minimum, protocols for: storage, naming, privacy, security, routine disposal and methods for halting that disposal when necessary, and appropriate sharing of documents and data existing in any format or medium.
(c) The IG plan shall comply with the state records retention schedule published and maintained by the secretary of the commonwealth.
(d) The IG plan shall itself be a public record, provided that any portions thereof protected from disclosure by one of the exemptions set forth in clause twenty-sixth of section 7 of chapter 4 may be redacted prior to production.
(e) The Attorney General shall enforce the provisions of this section.
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An Act promoting equality and respect in the legislature
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S2061
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SD376
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:56:51.967'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:56:51.9666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2061/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2061) of Rebecca L. Rausch for legislation to promote equality and respect in the legislature. State Administration and Regulatory Oversight.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 23M the following chapter:-
CHAPTER 23N. COMMISSION ON WORKPLACE HARASSMENT AND SEXUAL ASSAULT IN THE LEGISLATURE.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
“Claim”, a written statement submitted to the commission by a reporting individual alleging workplace harassment.
“Commission”, the commission on workplace harassment and sexual assault in the legislature.
“Complaint”, a written statement submitted to the commission by a complainant alleging workplace harassment.
“Complainant”, any state house personnel who files a claim with the commission stating that the person experienced, observed, or has reasonable reason to know of workplace harassment by a state house personnel or another person the complainant reasonably believes could affect the job security or career opportunities of the complainant.
“Investigative report”, a report compiled by the general counsel, duly appointed pursuant to Section 4 of this chapter, at the end of an investigation.
“Identity-based harassment”, verbal or physical conduct designed to humiliate, threaten, intimidate, coerce, demean, or disparage an individual targeted because of the individual’s race, color, religion, national origin, sex, gender expression, gender identity, sexual orientation, disability, age, genetic information, ancestry, or other aspect of a person’s identity, which conduct negatively interferes with an individual’s work performance or creates an intimidating, hostile, offensive, or otherwise untenable workplace environment.
“Reporting individual”, a person who has experienced or witnessed incidents of workplace harassment and has reported those incidents to the commission.
“Respondent”, an individual accused of workplace harassment by a reporting individual or complainant.
“Retaliatory action”, the discharge, suspension, demotion or other adverse employment action taken against an individual, reporting individual, or complainant that provides information to the commission.
"Sexual harassment”, unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for an employment decision, or (b) such advances, requests, or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, humiliating or sexually offensive work environment.
“Sexual assault”, any nonconsensual sexual act involving physical touching.
“State house personnel”, any person whose essential job functions are substantially related to the operation of the general court. State house personnel shall include, but shall not be limited to, members of the Senate and House of Representatives, employees of the legislature, legislative interns, and employees of the executive branch whose principal place of business is the state house.
“Workplace harassment”, an incident involving elements of identity-based harassment, sexual harassment or sexual assault as defined in this chapter.
Section 2. (a) There shall be within the executive office of administration and finance, but not under its control, a commission on workplace harassment and sexual assault in the legislature. The commission shall respond to claims and investigate and report on complaints of workplace harassment as provided in this chapter. The commission shall be an independent public entity not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth.
(b) The commission shall consist of 13 members:
(1) 1 of whom shall be appointed by the governor, provided however that the appointee shall not be a current employee of the executive branch;
(2) 1 of whom shall be appointed by the senate president, provided however that the appointee shall not be a current member of the Senate or the House of Representatives;
(3) 1 of whom shall be appointed by the senate minority leader, provided however that the appointee shall not be a current member of the Senate or the House of Representatives;
(4) 1 of whom shall be appointed by the speaker of the house of representatives, provided however that the appointee shall not be a current member of the Senate or the House of Representatives;
(5) 1 of whom shall be appointed by the house minority leader, provided however that the appointee shall not be a current member of the Senate or the House of Representatives;
(6) 1 of whom shall be appointed by the Women’s Bar Association of Massachusetts, who shall be a licensed attorney with demonstrated experience in the field of workplace harassment;
(7) 1 of whom shall be appointed by the Massachusetts LGBTQ Bar Association, who shall be a licensed attorney with demonstrated experience in the field of workplace harassment;
(8) 1 of whom shall be appointed by the Massachusetts Caucus of Women Legislators;
(9) 1 of whom shall be appointed by the Massachusetts Black and Latino Legislative Caucus;
(10) 2 of whom shall be appointed by the attorney general, 1 of whom shall be a sexual assault counsellor, as that term is defined in section 20J of chapter 233, and 1 of whom shall be a licensed attorney with experience as a mediator or other presider over alternative dispute resolution; and
(11) 2 of whom shall be appointed by the auditor, 1 of whom shall be a licensed social worker with demonstrated expertise in sexual harassment outreach and 1 of whom shall be a human resources professional with demonstrated expertise in the field of workplace harassment training.
The commission shall annually elect 1 of its members to serve as chair and 1 of its members to serve as vice-chair. Each member shall be appointed for a term of 3 years and shall be eligible for reappointment; provided, however, that a person appointed to fill a vacancy shall serve only for the unexpired term. A member shall not hold other employment in the government of the commonwealth or any of its political subdivisions. Each member of the commission shall be a resident of the commonwealth.
(c) Seven members of the commission shall constitute a quorum and the affirmative vote of seven members of the commission shall be necessary and sufficient for any action taken by the commission. Members shall serve without pay but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties. Meetings of the commission shall be subject to sections 18 to 25, inclusive, of chapter 30A and records pertaining to the administration of the commission shall be subject to section 42 of chapter 30 and section 10 of chapter 66. All moneys of the commission shall be considered to be public funds for purposes of chapter 12A.
The commission shall not be required to obtain the approval of any other officer or employee of any executive agency in connection with the collection or analysis of any information. The commission shall not be required, prior to publication, to obtain the approval of any other officer or employee of any executive agency with respect to the substance of reports, investigative or annual, that the general counsel has prepared under this chapter.
(d) The commission shall have all the powers necessary or convenient to carry out and effectuate its purposes. The powers shall include, but shall not be limited to:
(i) developing a plan of operation for the commission that shall include, but shall not be limited to, the implementation of procedures for operations of the commission and procedures for communications with the general counsel;
(ii) making, amending and repealing rules and regulations for the management of the commission’s affairs;
(iii) making contracts and executing all instruments that are necessary or convenient for the carrying on of the commission’s business;
(iv) acquiring, owning, holding, disposing of or encumbering personal property and leasing real property in the exercise of the commission’s powers and the performance of the commission’s duties;
(v) seeking and receiving grant funding from the federal government, departments or agencies of the commonwealth and private foundations;
(vi) entering into and executing instruments in connection with agreements or transactions with any federal, state or municipal agency or other public institution or with any private individual, partnership, firm, corporation, association or other entity that may be necessary in the commission’s judgment, and to fix the compensation of such an individual or entity;
(vii) enter into interdepartmental agreements with other state agencies that the commission considers necessary to implement this chapter;
(viii) adopt and alter an official seal;
(ix) sue and be sued in its own name, plead and be impleaded; and
(x) establish lines of credit and establish at least 1 cash and investment account to receive appropriations from the commonwealth and for all other business activity granted by this chapter.
Section 3. The commission shall: (i) ensure the objective and thorough investigation of all workplace harassment complaints within its jurisdiction; (ii) ensure the transparency of processes and reports related to investigations of workplace harassment within its jurisdiction; (iii) monitor and record claims of workplace harassment reported to the commission by frequency and claim type; (iv) provide workplace harassment resources to individuals upon request; (v) establish models for workplace harassment policy guidelines and training programs for the general court; and (vi) conduct an annual workplace harassment survey for general court employees.
Section 4. (a) The commission shall appoint a general counsel by a majority vote. The general counsel shall be lawfully admitted to practice as an attorney in the commonwealth and shall supervise the administrative affairs and general management and operations of the commission. The general counsel shall receive a salary commensurate with the duties of the office. The general counsel may appoint other officers and employees of the commission necessary to the functioning of the commission. Sections 9A, 45, 46, and 46C of chapter 30, chapter 31 and chapter 150E shall not apply to the general counsel of the commission. Sections 45, 46 and 46C of chapter 30 shall not apply to any employee of the commission. The general counsel may establish personnel regulations for the officers and employees of the commission. The general counsel shall file an annual personnel report with the senate and house committees on ways and means containing the job classifications, duties and salary of each officer and employee of the commission together with personnel regulations applicable to the officers and employees.
(b) The general counsel shall, with the approval of the commission:
(i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the commission;
(ii) establish an intake procedure for the submission of claims by reporting individuals to the commission pursuant to section 5, including any necessary forms;
(iii) conduct investigations authorized by this chapter, including supervising summons and the collection of information relevant to authorized investigations; and
(iv) at the conclusion of each investigation and pursuant to the requirements of section 7, submit an investigative report on the findings of the investigation to the appropriate parties.
Section 5. (a) The commission shall receive and review claims of workplace harassment according to procedures established by the general counsel.
(b) A reporting individual shall submit a claim in the form of a written statement to the commission including, but not limited to: (i) the name, position, and the department, if applicable, of the reporting individual; (ii) the name, position and department, if applicable, of the respondent; (iii) a description of the incident, including the date, location and presence of witnesses; (iv) the effect of the incident on the ability of the reporting individual to perform the reporting individual’s job, or on other terms or conditions of the reporting individual’s employment; and (v) other information the reporting individual believes is relevant to the claim. The general counsel or a member of the commission staff may assist the reporting individual in completing the written statement. The general counsel may request additional information from the reporting individual in the form of a written statement or an in-person interview.
(c) The commission shall notify a reporting individual orally and in writing of any organization or government entity that has jurisdiction to address the specific incident of workplace harassment reported by the individual including, but not limited to: (i) the attorney general; (ii) a law enforcement official; (iii) the Massachusetts Commission Against Discrimination; and (iv) the federal Equal Employment Opportunity Commission. A notification under this subsection shall include an option for the claim to be sent to an organization or government entity at the discretion and with the consent of the reporting individual. Claims submitted to the commission shall be recorded and retained by the commission.
(d) The procedures and remedies available to a reporting individual under this chapter shall not preempt or supersede any legal procedures or remedies otherwise available to an individual under local, state or federal law.
Section 6. (a) The general counsel shall execute and supervise investigations under this chapter.
(b) If the commission determines that a reporting individual is a complainant as defined by this chapter, the general counsel shall open an investigation into the complaint reported by the complainant and notify the complainant and respondent in writing that an investigation has been opened.
(c) The commission shall issue rules and regulations to establish a process for a respondent to appeal the determination that a reporting individual is a complainant under this section. The process shall include notice and an opportunity for a hearing.
(d) The general counsel may request the production, on a voluntary basis, of testimony or documents from an individual, government agency or non-governmental entity. The general counsel may require by summons the production of all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to a matter under investigation pursuant to this chapter. The summons shall be served in the same manner as a summons for the production of documents in civil cases issued on behalf of the commonwealth and the law relative to the summons shall apply to a summons issued pursuant to this chapter. A justice of the superior court department of the trial court of the commonwealth may, upon application by the general counsel, issue an order to compel the production of records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to any matter under investigation pursuant to this chapter. A failure to obey such an order may be punished by the court as contempt.
(e) A summons issued pursuant to this section shall not be made public by the general counsel or any officer or employee of the commission and any information provided pursuant to this section shall not be made public until such time as it is necessary for the general counsel to do so through the issuing of an investigative report. Disclosure of production, attendance or testimony may be made to the members of the staff of the commission as is deemed necessary by the general counsel.
(f) An investigation may be closed when the general counsel determines a sufficient amount of information has been collected to find that it is more likely than not that workplace harassment occurred or to determine that a finding could not be made. An investigation under this section shall be completed in not more than 6 months; provided, however, that the commission may, upon a request by the general counsel, approve an extension of not more than 6 months.
Section 7. (a) At the conclusion of an investigation, the general counsel shall compile and submit a report on the findings of the investigation.
(b) The report shall include, but shall not be limited to: (i) the position and department, if applicable, of the complainant; (ii) the name, position and department, if applicable, of the respondent; (iii) the time and location of the incident being investigated; (iv) a detailed description of the incident; (v) resources provided to the complainant by the commission or other governmental or non-governmental entities; and (vi) a finding that it is more likely than not that harassment occurred or a statement that a finding could not be made. If after an investigation a majority of the commission determines that it is more likely than not that harassment occurred, the commission shall include in the report a recommendation for disciplinary action, including but not limited to: in the case of a legislator, reprimand, censure, temporary or permanent removal from committee chairmanship or other position of authority, suspension with or without pay, or expulsion; in the case of an officer or employee of the general court, reprimand, suspension or removal. Said report shall not prevent the senate or house of representatives from taking any other action as it shall deem advisable and appropriate.
(c) Prior to a report being released, the general counsel shall notify the complainant and the respondent that the investigation has been closed and issue a copy of the investigative report to the complainant and respondent for review. The commission shall issue rules and regulations to establish a process for a complainant or respondent to appeal the release of an investigative report before a report is released. The process shall include notice and an opportunity for a hearing.
(d) The general counsel shall submit a copy of the investigative report to all interested parties including, but not limited to: (i) the complainant; (ii) the respondent; (iii) each member of the commission; and (iv) the respondent’s employer, provided, however, that if the respondent is a member of the legislature, the report will be sent to the committee on ethics in the chamber where the respondent is a member. A copy of the report may be submitted to the attorney general or the district attorney for the district in which the incident occurred with the complainant’s written consent.
Section 8. (a) Except as otherwise provided in this section, the proceedings and records of the commission related to investigations shall be confidential and not subject to section 10 of chapter 66. The commission shall establish procedures, applicable to members of the commission, general counsel, and staff that ensure compliance with the confidentiality requirements of this chapter.
(b) If the subject matter of an investigation becomes public through independent sources, the general counsel may issue a statement to confirm the pendency of the investigation or to clarify the procedural aspects of the investigation.
(c) Reports submitted to interested parties by the general counsel shall be confidential and not subject to section 10 of chapter 66, including reports sent to individuals, members of the commission and governmental and non-governmental entities. A party that receives a report from the general counsel shall notify staff, if any, that the report is confidential and take steps to ensure non-disclosure of the report.
(d) Nothing in this chapter shall preclude or limit the right of a complainant, respondent or witness to share personal information under federal, state or local law.
Section 9. A person shall not discharge or cause to be discharged or otherwise discipline or in any manner discriminate against or take any other retaliatory action against any employee, client or other person for providing information to the commission, the general counsel or commission staff, including filing a report or complaint with the commission or testifying in a commission proceeding. A person who willfully violates this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 1 year, or both. A person who takes such a prohibited action against an employee, client or other person may be liable to that employee, client or other person for treble damages, costs and attorney’s fees.
Section 10. The commission shall annually conduct a workplace harassment survey of all employees and interns of the general court. The survey shall be administered electronically and the identity of the survey takers shall be anonymous. The survey shall include a definitions section that shall include but shall not be limited to the definitions of identity-based harassment, sexual harassment and sexual assault under this chapter. The survey shall include a demographic section that shall include the age, sex, gender identity, race, ethnicity, sexual orientation, religious affiliation, level of education and relationship status of the survey taker. The survey shall include a questions section that shall include, but shall not be limited to the following questions: (i) “Have you experienced or witnessed some form of workplace harassment or assault-related behaviors in the past 12 months?”; (ii) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, what was the primary basis for the specific behavior or set of experiences?”; (iii) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, when and where did the specific behavior or set of experiences occur?”; (iv) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, how often and for how long did the specific behavior or set of experiences persist?”; (v) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, who was involved in the specific behavior or set of experiences?”; (vi) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, what was the job title of the person or persons involved in the specific behavior or set of experiences?”; (vii) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, did your work role require you to continue to interact with the person or persons involved?”; (viii) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, did you discuss the specific behavior or set of experiences with anyone at work?”; (ix) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, did you make a complaint or report in response to the specific behavior or set of experiences?”; (x) “If you have made a complaint or report, what happened as a result of it?”; (xi) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors and did not make a complaint or report, what were the reasons for not doing so?”; (xii) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, what effect did the specific behavior or set of experiences have on your interpersonal relationships, physical or emotional well-being, job performance or willingness to remain a part of the legislature?”; (xiii) “If you have experienced or witnessed some form of workplace harassment or assault-related behaviors, what resources did you use to make a complaint or report or receive additional information about workplace harassment, if any?”; (xiv) “If you experience or witness workplace harassment or assault-related behaviors, will you make a complaint or report?”; and (xv) “If you would not make a complaint or report after experiencing or witnessing workplace harassment or assault behaviors, is it due to a fear of retaliatory action?”.
Section 11. The commission shall annually compile a report that shall include, but shall not be limited to: (i) the number of incidents of workplace harassment and assault reported to the commission, classified and analyzed by the type of incident, the demographics of reporting individuals and the percentage of reports that led to investigations; (ii) the number of investigations opened by the general counsel, classified by respondent job title; (iii) the number of investigative reports issued by the commission, classified by the type of incident, the demographics of complainants and the demographics of respondents; (iv) the results of the workplace harassment survey conducted pursuant to section 10 as raw data and synthesized to identify and describe correlations and overarching trends; (vi) recommended changes to the model workplace harassment policies established by the commission, if any; and (vii) any other information that may assist the legislature in preventing and effectively responding to incidents of workplace harassment. The commission shall file the annual report with the senate president, the speaker of the house of representatives, the clerks of the senate and house of representatives and the chairs of the joint committee on rules not later than September 15.
Section 12. The commission shall promulgate the rules and regulations and perform the functions that are necessary for the administration, implementation and enforcement of this chapter.
SECTION 2. Notwithstanding subsection (b) of section 2 of chapter 23N of the General Laws, the initial appointments to the commission on workplace harassment and sexual assault in the legislature made by the governor, senate president and senate minority leader shall serve for a term of 3 years, the initial appointments made by the speaker of the house of representatives and the house minority leader and 1 of the initial appointments made by the attorney general shall serve for a term of 2 years and the initial appointments made by the auditor and 1 of the initial appointments made by the attorney general shall serve for a term of 1 year.
SECTION 3. (a) The commission on workplace harassment and sexual assault in the legislature established by chapter 23N shall, in consultation with the Massachusetts Commission Against Discrimination, research and develop model workplace harassment policies for consideration and use by the senate and house of representatives. In developing the model policies, the commission may request and receive information and testimony from experts in relevant fields including, but not limited to, workplace harassment, sexual assault, personnel policies and human resources management. The model workplace harassment policies shall include, at a minimum: (i) a statement of the illegality of workplace harassment; (ii) a definition of identity-based harassment, sexual harassment and sexual assault; (iii) descriptions of conduct constituting identity-based harassment, sexual harassment and sexual assault, including examples; (iv) resources available to reporting individuals including, but not limited to, contact information for the commission, the Massachusetts Commission Against Discrimination and the federal Equal Employment Opportunity Commission; and (v) protection against retaliatory action. The commission shall submit the model workplace harassment policies, including specific policy language, to the senate president, the speaker of the house of representatives, the clerks of the senate and house of representatives, and the chairs of the joint committee on rules. The senate and house of representatives may adopt the model policies submitted pursuant to this section in whole or in part.
(b) The commission shall research and develop a model workplace harassment training program for consideration and use by the senate and house of representatives. In developing the model training program, the commission may contract with third party vendors and request and receive information and testimony from experts in relevant fields such as identity-based harassment, sexual harassment, sexual assault, personnel policies and human resources management. The model training program shall include, at a minimum: (i) a definition of “effective interactive training”; (ii) a definition of “legislative employee”; (iii) a definition of “unlawful conduct”, which shall include applicable federal and state statutory and case law references and principles; (iv) minimum trainer qualifications; (v) minimum training frequency and duration requirements; (vi) procedures for training completion documentation, including minimum record retention requirements and procedures for individual tracking; and (vii) training content requirements, including, but not limited to, types of conduct that constitute workplace harassment, remedies available to reporting individuals, strategies to prevent workplace harassment, practical examples of workplace harassment and hypothetical situations, confidentiality of the reporting process and resources for reporting individuals.
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An Act closing a loophole in lobbying law
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S2062
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SD385
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T17:51:29.76'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T17:51:29.76'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2062) of Rebecca L. Rausch for legislation relative to close a loophole in lobbying law. State Administration and Regulatory Oversight.
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SECTION 1. Section 45 of chapter 3 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out paragraph (m) and inserting in place thereof the following paragraph:-
(m) The state secretary shall automatically disqualify any person convicted of a felony in violation of chapter 3, chapter 55, or chapter 268A, or any person convicted of any other state or federal felony crime of political corruption, including without limitation violations of sections 1341, 1343, 1346, or 1951 of title 18 of the United States Code, from acting or registering as an executive or legislative agent for a period of 10 years from the date of conviction.
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An Act updating the Open Meeting Law to support remote participation
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S2063
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SD389
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T17:58:51.04'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T17:58:51.04'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2063) of Rebecca L. Rausch for legislation relative to update the Open Meeting Law to support remote participation. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 30A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in section 20 by striking out paragraph (d).
SECTION 2. Said Chapter 30A, as so appearing, is hereby further amended by inserting after section 20 the following section:-
Section 20A. (a) A public body may allow remote participation by any member for any meeting of the public body. For the purposes of this section, the term remote participation means participation by a member of a public body during a meeting of that public body where the member is not physically present at the meeting location.
(b) Members remotely participating in a meeting may vote, shall be considered present and in attendance for all purposes, including for purposes of determining a quorum and for the purposes of section 23D of chapter 39.
(c) All members of the public body participating either remotely or at a meeting location shall be clearly audible to one another.
(d) For any meeting conducted with remote participation, the public body shall make provisions to ensure public access to the deliberations of the public body for interested members of the public through adequate, alternative means. Adequate, alternative means of public access shall mean measures that provide transparency and permit timely and effective public access to the virtual meeting. Such means may include, without limitation, providing public access through telephone, Internet or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the meeting while the proceedings are occurring. Documents used for any such meeting should be made available to the public before or at the time of the meeting of the public body. Where allowance for active, real-time participation by members of the public is a specific requirement of a general or special law or regulation, or a charter, local ordinance or by-law, pursuant to which the proceeding is conducted, any alternative means of public access shall provide for such participation. A public body shall offer its selected alternative means of public access to meetings with remote participation without subscription, toll, or similar charge to the public.
(e) A public body that elects to conduct its proceedings with remote participation shall ensure that any party entitled or required to appear before it may do so through remote means, as if the party were a member of the public body participating remotely.
(f) The executive body of a municipality shall develop and adopt standards and guidelines for remote participation of public bodies that is sufficient for the municipality prior to any meeting with remote participation held pursuant to this section.
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An Act extending the public records law to the Governor and the Legislature
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S2064
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SD390
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T18:03:04.797'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T18:03:04.7966667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:52:11.77'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-28T13:28:30.8'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-28T13:28:30.8'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2064) of Rebecca L. Rausch, David Henry Argosky LeBoeuf, James B. Eldridge and Erika Uyterhoeven for legislation to extend the public records law to the Governor and the Legislature. State Administration and Regulatory Oversight.
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SECTION 1. Section 7 of chapter 4 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 157, after the words “chapter 32” the following words:- , or by the general court, or by the office of the governor of the commonwealth.
SECTION 2. Said section 7 of chapter 4, as so appearing, is hereby further amended in paragraph twenty-sixth by inserting the following new subparagraphs:
(v) communications between a member of the general court, or such member’s employee, agent, or representative, and any constituent of such member; provided, however, that the communications reasonably relate to a constituent’s request for assistance in obtaining government-provided benefits or services or otherwise interacting with a state or federal agency; or
(w) communications, memoranda, drafts or other documents relating to developing policy positions of members of the general court or the governor of the commonwealth.
SECTION 3: Section 1A of chapter 66 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “agencies and municipalities”, in each instance, and inserting in place thereof the following words:- agencies, municipalities, the general court, and the governor.
SECTION 4: Said section 1A of chapter 66, as so appearing, is hereby further amended by striking out the words “agency or municipality” in lines 5-6 and inserting in place thereof the following words:- agency, municipality, the general court, or the governor.
SECTION 5: Section 6A of said chapter 66, as so appearing, is hereby amended by striking out the words “agency and municipality”, in each instance, and inserting in place thereof the following words:- agency, municipality, the general court, and the governor.
SECTION 6: Section 10 of said chapter 66, as so appearing, is hereby amended by striking out the words “agency or municipality” in each instance, and inserting in place thereof the following words:- agency, municipality, the general court, or the governor.
SECTION 7: Said section 10 of chapter 66, as so appearing, is hereby further amended by striking out the words “agency or municipality” in each instance, and inserting in place thereof the following words:- agency, municipality, the general court, or the governor.
SECTION 8: Said chapter 66, as so appearing, is hereby amended by striking out section 18 and inserting in place thereof the following section:
Section 18. Declarations, affidavits and other papers filed by claimants in the office of the commissioner of veterans' services, or records kept by him for reference by the officials of his office, shall not be public records.
SECTION 9: The provisions of this act shall take effect on January 1, 2024.
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An Act promoting governmental efficiency
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S2065
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SD673
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T16:56:03.957'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T16:56:03.9566667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 2065) of Rebecca L. Rausch for legislation to promote governmental efficiency. State Administration and Regulatory Oversight.
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SECTION 1. Paragraph (b) of section 23 of chapter 30A of the General Laws is hereby amended by striking out said paragraph and inserting in place thereof the following paragraph:-
(b) Complaints.
(1) Any individual may file a complaint with a public body alleging violation of the Open Meeting Law, provided that the complaint:
(A) Reasonably describes the circumstances constituting the alleged violation;
(B) is filed with the public body within 20 business days of the date of the alleged violation;
(C) includes electronic and postal mail contact information for the complainant; and
(D) is signed by the complainant either in ink or in compliance with Chapter 110G.
(2) Complaints shall be deemed received:
(A) if filed by electronic mail, on the business day of submission if submitted by 4:00 p.m., and otherwise on the next business day; or
(B) three days after mailing via first class postal mail.
(3) A public body must meet to review and respond to a complaint not later than 14 business days after receipt thereof confirming receipt of the complaint and identifying any remedial action(s) taken or intended to be taken by the public body in response to the complaint; provided, however, that if a complainant files more than twelve complaints with the same public body within the same calendar year, or a complaint is otherwise unduly burdensome, the public body may file a petition with the Attorney General seeking relief from the obligation to respond to the complaint. In determining whether to grant an order requiring the public body to respond to the complaint, the Attorney General may consider, without limitation, (i) the previous record of compliance or non-compliance by the public body; (ii) the burden placed on the public body in responding to the complaint; (iii) any evidence of harassment or intimidation on the part of the complainant; (iv) the facts of the alleged violation; and (v) the number of complaints filed against the public body or other public bodies within the municipality. The Attorney General may authorize an extension of time to the public body for the purpose of taking remedial action upon the written request of the public body and a showing of good cause to grant the extension.
(4) The public body shall, within 14 business days of receipt of a complaint unless granted an extension of time pursuant to subsection (B)(3), send a copy of the complaint to the attorney general and notify the attorney general of any remedial action.
(5) Any remedial action(s) stated pursuant to subparagraph (3) of this Section shall not be admissible as evidence against the public body in any subsequent administrative or judicial proceeding related to the alleged violation.
SECTION 2. Paragraph (c) of section 23 of chapter 30A of the General Laws is hereby amended by striking out the word “complaint” in the first line and inserting in place thereof the following words:- petition for review of an open meeting law complaint.
SECTION 3. Section 10 of chapter 66 of the General Laws is hereby amended by striking out, in line 96, the words “and the requests are not intended for the broad dissemination of information to the public about actual or alleged government activity.”
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An Act designating the first Wednesday in May as State Parks Day
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S2066
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SD524
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:31:05'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:31:05'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:20:43.17'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:43:58.9266667'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2066) of Michael F. Rush, Paul McMurtry and James B. Eldridge for legislation to authorize the Governor to issue a proclamation setting apart the first Wednesday in May as State Parks Day. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after section 15XXXXX, the following section:-
Section 15YYYYY. The governor shall annually issue a proclamation setting apart the first Wednesday in May as Massachusetts State Parks Day in recognition of the importance to promote, enhance and maintain the Commonwealth’s park land and recreational facilities, aiming to create a world class parks system, and recommend that the day be observed in an appropriate manner by the people.
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An Act relative to a transfer of a certain parcel of land in Hyde Park
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S2067
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SD572
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:31:37.847'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:31:37.8466667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-17T11:39:23.61'}]
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 2067) of Michael F. Rush and Rob Consalvo for legislation relative to a transfer of a certain parcel of land in Hyde Park. State Administration and Regulatory Oversight.
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SECTION 1. (a) Notwithstanding sections 3 and 20 of chapter 6C of the General Laws or any other general or special law to the contrary, the Massachusetts Department of Transportation may release its interest in or grant an easement to a parcel of land in the city of Boston, currently owned by the department and held by the city of Boston by an easement and license, to The 54th Regiment Board, their heirs, successors and assigns for purposes of continuing to use the land and improvements within the conveyed area.
(b) The parcel of department of transportation land #1809477000 at the Readville Station which the release deed or easement shall apply is located 1717-1725 Hyde Park Avenue in Hyde Park
(c) The parcel shall be conveyed by release deed or easement without warranties or representations by the department upon such terms and conditions as the department deems necessary or advisable. The grantee agrees to assume the cost of any appraisals, surveys and other expenses deemed necessary by the department to execute the release or easement pursuant to this act. As consideration for the release deed or easement authorized in this act, the grantees shall pay to the commonwealth an amount equal to the fair market value of the department’s interest in the parcel of land authorized to be released or granted under this act, as determined by an independent appraisal prepared in accordance with the usual and customary professional appraisal practices by a qualified appraiser commissioned by the department.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J25', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J25'}, 'Votes': []}]
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An Act relative to zero-based budgeting and budget transparency
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S2068
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SD43
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:30:21.923'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T12:30:21.9233333'}]
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2068) of Bruce E. Tarr for legislation relative to zero-based budgeting and budget transparency. State Administration and Regulatory Oversight.
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SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting, after section 5H, the following new section:-
Section 5I: Development and Adoption of Zero-Based Budget Estimates
The Secretary of Administration and Finance, with the approval of the Governor, shall on a quadrennial basis develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget, so-called, for each agency and department of state government. Said zero-based budget shall reflect the amount of funding deemed necessary to achieve the most cost-effective performance of each agency or department pursuant to an accompanying narrative delineating the tasks to be performed by that agency or department, together with goals and objectives for each agency or department for a period not to exceed four years. Said budget shall have a zero dollar amount as its basis, and shall not reflect any prior appropriation amount, adjusted or otherwise. Said zero-based budget shall be referred by the Senate and House of Representatives to the committees of subject matter jurisdiction relevant to each component of said budget. Such committees shall evaluate each such component, taking into account all available information, including that provided by public testimony in oral and written form. The evaluations of the committee shall then be reported to the Senate and House Committees on Ways and Means.
The Ways and Means Committees of the Senate and House of Representatives shall, jointly or individually, conduct at least one public hearing on the zero-based budget and shall also receive written and electronic testimony for a period of not less than 30 days on said budget. Said ways and means committees shall jointly develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget estimate not later than 60 days following the receipt of the zero-based budget estimate filed by the Secretary pursuant to this section. Said zero-based budget estimate shall be included in a joint resolution and placed before the members of the General Court for their consideration. Such joint resolution, if adopted, shall be employed in evaluating each annual budget considered by the General Court for the four years following its adoption.
Zero-based budgeting shall mean, for the purposes of this section, a means of developing appropriations based on the cost-effective achievement of the tasks and goals of a particular agency or department without regard to prior appropriations, adjusted for inflation or otherwise. Any appropriation so developed shall to the extent possible, be accompanied by a brief description of said tasks and goals together with the performance measure of the achievement of those tasks and goals.
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An Act providing for alternative delivery of infrastructure projects
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S2069
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SD122
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:42:09.75'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:42:09.75'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2069/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2069) of Bruce E. Tarr for legislation to provide for alternative delivery of infrastructure projects. State Administration and Regulatory Oversight.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 40W the following chapter:-
CHAPTER 40X. Public Private Partnerships
Section 1. As used in this chapter the following words shall, unless the context clearly indicates otherwise, have the following meanings: "Eligible project", a building or facility, including associated collection and distribution infrastructure, used for public water supply or treatment, storm water treatment and disposal, waste water treatment and disposal, or flood control.
"Material default", a default by the operator in the performance of its duties under a public-private partnership agreement which jeopardizes delivery of adequate service to the public from an eligible project and remains unsatisfied after a reasonable period of time after the operator has received written notice from the public agency of the failure, or any other default that has a material adverse financial impact on the public agency or the users of the eligible project as determined by the public agency pursuant to procedures set forth in the public-private partnership agreement.
"Offeror", a private entity that submits a proposal under this chapter.
"Operator", a private entity that has entered into a public-private partnership agreement with a public agency under this chapter.
"Private entity", an individual, corporation, limited liability company, general or limited partnership, joint venture, business trust, public benefit corporation, non-profit entity or other private business entity.
"Public agency", a municipality or two or more municipalities acting together, a redevelopment authority, or a fire, water, sewer, or water pollution abatement district, howsoever named, formed for the purpose of carrying out any of the aforementioned functions, whether established under general law or special act or otherwise authorized by law.
"Public-private partnership agreement", an agreement between a public agency and a private entity for the lease, operation and maintenance, repair or replacement, financing, design, construction, modifications, or installation, or any combination thereof, of an eligible project necessary to ensure adequate services and ensure the ability of the public agency to operate in full compliance with all applicable requirements of federal, state and local law, as determined by the public agency in its sole discretion.
"Responsible offeror", an offeror that has submitted a responsive proposal that conforms in all material respects to the public agency's solicitation for bids, as determined by the public agency in its sole discretion, and that possesses the capability to fully perform the contract requirements in all respects and the integrity and reliability to assure good faith performance.
"Revenue", a user fee or service payment, or both, generated by an eligible project.
"Service payment", a performance-based payment to the operator made by a public agency, pursuant to a public-private partnership agreement.
"User fee", a rate or other charge imposed by the operator or the public agency, as applicable, pursuant to a public-private partnership agreement for use of the eligible project.
Section 2. Notwithstanding any general or special law to the contrary, a public agency may solicit proposals and enter into a public-private partnership agreement for an eligible project in accordance with this chapter; provided, however, that the public-private partnership agreement shall not be subject to sections 14 to 21, inclusive, of chapter 149A and the competitive bid requirements set forth in sections 44 to 57, inclusive, of chapter 7C, section 39M of chapter 30, or sections 44A to 44J, inclusive, of chapter 149; and provided further, that each such public- private partnership agreement shall be awarded pursuant to this chapter and chapter 30B of the General Laws, except for clause (3) of paragraph (b) of section 6, clause (3) of paragraph (e) of said section 6, paragraph (g) of said section 6, and sections 13 and 16 of said chapter 30B.
Section 3. A public agency that receives an unsolicited proposal for a public-private partnership agreement may, in its sole discretion, reject the unsolicited proposal. A public agency shall not approve an unsolicited proposal or enter into a public-private partnership agreement with the entity submitting the unsolicited proposal, unless the public agency follows the procedures set forth in sections 4 and 5 of this chapter.
Section 4. (a) No public agency shall enter into a public-private partnership agreement for an eligible project without first soliciting proposals as set forth in this section. The request for proposals for an eligible project shall specify the method for comparing proposals to determine which offerors are responsible offerors and which proposal from a responsible offeror best meets the factors listed in subsection (a) of section 5. If the public agency awards the public-private partnership agreement to a responsible offeror who did not submit the proposal with the lowest overall cost, including but not limited to all capital financing, operating and maintenance and life-cycle costs, the public agency shall explain the reason for the award in writing as provided in paragraph (h) of section 6 of chapter 30B. The request for proposals shall set forth mandatory performance guarantees, which the selected responsible offeror will be required to meet in operating the eligible project as constructed or improved. The public-private partnership agreement that is negotiated with the selected offeror based on the request for proposals shall obligate the selected responsible offeror to meet such mandatory performance guarantees, in addition to any other terms required by section 6, and shall set forth the minimum design requirements for such construction or improvements and the acceptance tests to be conducted upon the completion of the construction or improvements in order to demonstrate that the eligible project is capable of meeting the performance guarantees.
(b) The chief procurement officer or other designated official of the public agency shall solicit proposals through a request for proposals which shall include, at a minimum, the items in subsection (a) of section 4 of this chapter, the items in paragraphs (1) and (2) of subsection (b) of section 6 of chapter 30B, and the proposed key contractual terms and conditions for the public- private partnership agreement, some of which may be mandatory or non-negotiable. The request for proposals may also request proposals to address other contractual terms and other matters as may be determined by the public agency. The request for proposals shall provide for the submission of a separate price proposals and shall indicate when and how the offerors shall submit the price proposal.
(c) A public agency may establish procedures for the distribution of a request for proposals, and may charge a reasonable fee to cover the costs of processing, reviewing and evaluating the proposal, including reasonable attorney fees and fees for financial and other reasonably necessary advisers or consultants.
(d) Offerors shall submit their sealed proposals to ensure that they are received prior to the time and date established for receipt of the proposals. Sealed proposals shall be submitted in the format required by the public agency. All sealed proposals shall be opened at the time, and date designated in the request for proposals.
Section 5. (a) A public agency shall evaluate each proposal to make a preliminary determination as to which one, if any, is the most advantageous proposal for the public agency.
In making this determination, a public agency may consider any of the following:
(1) price;
(2) estimated life-cycle costs;
(3) lower user charges proposed over the term of the agreement;
(4) form and reliability of the performance guarantee proposed;
(5) financial commitment;
(6) innovative financing;
(7) bonding capacity;
(8) technical, scientific, technological or socioeconomic merit and innovation;
(9) proposed design, operation and feasibility of the eligible project;
(10) public reputation, qualifications, industry experience, and financial strength of the private entity;
(11) compatibility of the proposal with existing and future land use plans of the public agency;
(12) compatibility of the proposal with applicable statutory, regulatory, and planning requirements; and
(13) any other factors deemed appropriate by the public agency and identified in the request for proposals.
(b) The relative importance of each evaluation factor shall be ranked prior to issuing the request for proposals.
(c) The request for proposals shall provide an opportunity for the public agency to engage in negotiations with responsible offerors for the purpose of clarifying bid responses and obtaining best and final offers. Responsible offerors shall be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals. In conducting such negotiations, the public agency shall not disclose any information derived from proposals submitted by competing offerors.
(d) The responsible offeror whose proposal is preliminarily determined under subsection
(a) to be the most advantageous for the public agency, taking into consideration all relevant evaluation factors, shall be selected for negotiation of the public-private partnership agreement.
The public agency may negotiate all terms of the agreement not deemed mandatory or non- negotiable with such offeror. If after negotiation with such offeror, the public agency determines that it is in the best interests of the public agency, the public agency may determine the proposal which is the next most advantageous proposal from a responsible offeror taking into consideration the evaluation criteria set forth in the request for proposals, and initiate negotiations regarding the terms of a public-private partnership agreement with such offeror. The public agency shall award the contract to the most advantageous proposal from a responsible offeror taking into consideration price, the evaluation criteria set forth in the request for proposals, and the terms of the negotiated contract.
(e) A request for proposals may be canceled or modified when it is in the best interests of the public agency, as determined by the agency at its sole discretion, at any time prior to the time a public private partnership agreement is executed by all parties. Subject to the provisions of subsection (c), the public agency may also terminate negotiations with any offeror over the terms of a public-private partnership agreement, at any time prior to execution of such agreement.
Section 6. (a) Prior to delivering applicable services for an eligible project, the selected responsible offeror shall enter into a comprehensive public-private partnership agreement with the public agency in accordance with this section. A public agency may enter into a private- partnership agreement if authorized by a simple majority vote of its governing body and, in the case of a public agency that is one or more municipalities, if authorized by a simple majority vote of each municipality's governing body. The public-private partnership agreement shall provide for all of the following:
(1) delivery of maintenance, performance and payment bonds or letters of credit, or other security for the selected offeror's obligations under the public-private partnership agreement for the eligible project, in the forms and amounts satisfactory to the public agency;
(2) obligation of the selected offeror to meet mandatory performance guarantees, including the minimum design requirements for any construction or improvements and the acceptance tests to be conducted upon the completion of the construction or improvements in order to demonstrate that the eligible project is capable of meeting the performance guarantees;
(3) review of plans and specifications for the eligible project by the public agency and approval by the public agency if the plans and specifications conform to standards acceptable to the public agency;
(4) inspection and auditing of the eligible project by the public agency to ensure that the operator's activities are acceptable to the public agency in accordance with the public-private partnership agreement, including all performance guarantees set forth in the request for proposals;
(5) maintenance of policies of liability insurance, copies of which shall be filed with the public agency accompanied by proofs of coverage, self-insurance, in form and amount satisfactory to the public agency and reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the eligible project;
(6) monitoring of the practices of the operator by the public agency to ensure that the eligible project is properly maintained;
(7) reimbursement to be paid to the public agency for services provided by the public agency;
(8) filing of appropriate financial statements on a periodic basis; and
(9) policies and procedures governing the rights and responsibilities of the public agency and the operator in the event the public-private partnership agreement is terminated or there is a material default by the operator, including conditions governing assumption of the duties and responsibilities of the operator by the public agency and the transfer of property or other interests of the operator by the public agency.
(b) The public-private partnership agreement may provide for a user fee or service payment, or both. When negotiating a user fee under this section, the parties shall establish payments or fees that are the same for a person using the facility under like conditions and that will not materially discourage use of the eligible project. A user fee established in the public- private partnership agreement as a source of revenue may be in addition to or in lieu of a service payment.
(c) In the public-private partnership agreement, the public agency may agree to make a grant or loan or otherwise direct funds to the operator from an amount received pursuant to a grant or loan from the federal or state government or a political subdivision or agency thereof, if the terms of the grant or loan so allow.
(d) For the purpose of providing funds to carry out this chapter with respect to the development, financing or operation of an eligible project or the refunding of any bonds or notes, together with any costs associated with the transaction: (1) a public agency may authorize, issue and sell general obligations bonds or notes, to the extent and in the manner otherwise provided by law; or (2) a public agency may authorize, issue and sell revenue bonds or notes in the manner provided in section 4 of chapter 40Q. For the purpose of financing an eligible project, the public agency may apply for, obtain, issue and use private activity bonds available under any federal law or program. Any bonds, debt, other securities or other financing issued for the purposes of this chapter shall not be considered a debt of the commonwealth or a pledge of the full faith and credit of the commonwealth.
(e) The public-private partnership agreement shall incorporate the duties of the operator under this chapter and may contain other terms and conditions that the public agency determines serve the public purpose.
(f) The public agency shall establish a date for the commencement of activities under the public-private partnership agreement related to the eligible project. The public agency may extend the date, pursuant to the applicable provisions in the public-private partnership agreement.
(g) A public-private partnership agreement entered into under this chapter shall not enlarge, diminish or affect the authority otherwise possessed by the public agency to take action that would impact the debt capacity of the commonwealth or any of its political subdivisions and this chapter shall not be construed to authorize indebtedness in an amount exceeding the limits established by section 10 of chapter 44.
Section 7. (a) Notwithstanding any general or special law to the contrary, public-private partnership agreements awarded under this chapter may provide for a term, not exceeding 20 years, and an option for renewal or extension of operations and maintenance services for 2 additional terms, not exceeding 10 years each. The renewal or extension shall be at the sole discretion of the public agency in accordance with the original contract terms and conditions or with contract terms and conditions which are more favorable to and acceptable to the public agency.
(b) Upon the end of the term of the public-private partnership agreement or in the event of termination of the public-private partnership agreement, the duties of the parties thereto shall cease, except for any duties and obligations that extend beyond the termination as provided in the public-private partnership agreement, and all the rights and interests associated with such eligible project shall revert to the public agency and shall be dedicated to the agency for public use.
Section 8. (a) The operator shall have the authority to conduct the activities identified in the public-private partnership agreement and to impose and collect a user fee or a service payment, or both, as set forth in such agreement.
(b) (1) Notwithstanding paragraph (2), any financing of the eligible project may be in an amount and upon terms and conditions as may be determined by the operator consistent with the public-private partnership agreement.
(2) The operator may issue debt, equity or other securities or obligations, enter into sale and leaseback transactions and secure any financing with a pledge of, security interest in or lien on any or all of its property, including any property interests in the eligible project.
(c) In operating the eligible project, the operator may do any of the following, to the extent permitted by the public-private partnership agreement:
(1) make classifications according to reasonable categories for assessment of user fees;
(2) with the consent of the public agency, make and enforce reasonable rules to the same extent that the public agency may make and enforce rules with respect to similar facilities;
(d) In operating the eligible project, the operator shall:
(1) design, construct, improve, renovate, expand, equip, maintain, operate or finance the eligible project in accordance with the public-private partnership agreement;
(2) keep the eligible project open for use by members of the public as appropriate based upon the use of the facility after its initial opening upon payment of the applicable user fee or service payment; provided, however, that the operator may temporarily close the eligible project, because of emergencies or with the consent of the public agency, to protect the safety of the public or for reasonable construction or maintenance procedures as set forth under the public- private partnership agreement;
(3) maintain or provide by contract for the maintenance of the eligible project, if required by the public-private partnership agreement;
(4) cooperate with the public agency in making best efforts to establish any interconnection with the eligible project requested by the public agency; and
(5) comply with the public private-partnership agreement and any service contract.
(e) This section does not prohibit an operator of an eligible project from providing additional services for the eligible project to private entities or local agencies other than the public agency that is party to the public-private partnership agreement, if the provision of additional service does not impair the operator's ability to meet its commitments to the public agency under the public-private partnership agreement.
Section 9. (a) Upon the occurrence of a material default by the operator not caused by an event of force majeure, the public agency may exercise all rights and remedies available to it pursuant to the public private partnership agreement, including without limitation the termination of the public private partnership agreement. In addition to such rights and remedies, if the public agency determines that the operator has failed or will fail to provide adequate and reasonable service to the persons served by the eligible project, the public agency may, by written notice to the operator, temporarily assume some or all of the responsibilities and duties of the operator, at the sole expense of the operator. If a public agency shall temporarily assume the responsibilities of the operator pursuant to this subsection (a), the public agency may design, construct, improve, renovate, operate, expand, equip or maintain the eligible project, impose user fees, collect revenue and comply with service contracts as if it were the operator. Revenue subject to a pre- existing lien shall be collected for the benefit of and paid to secured parties, as their interests may appear, to the extent necessary to satisfy the operator's obligations to secured parties, including the maintenance of reserves; provided, however, that revenue shall first be allocated to pay current operation and maintenance costs of the eligible project, including compensation to the public agency for its services in operating and maintaining the eligible project. Assumption of operation of the eligible project shall not obligate the public agency to pay any obligation of the operator from sources other than revenue from such eligible project.
(b) A public agency which is a party to a public-private partnership agreement, and which has the power of condemnation under state law, may exercise the power of condemnation to acquire the operator's rights and interests in the eligible project as may be needed to cure a material default or otherwise to advance a public purpose. Upon such taking, the public entity shall succeed to the operator's rights and interests in the eligible project, subject to any liens on revenue previously granted by the operator to any person providing financing. The operator and any person who has a lien on the revenue generated by the eligible project shall have standing to intervene in the condemnation proceedings.
(c) The public agency may make or cause to be made, at any time, any appropriate claims under maintenance, performance or payment bonds, lines of credit or other forms of security required under this chapter.
Section 10. This chapter shall not be construed or deemed to constitute a waiver of the governmental immunity of a public agency.
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An Act regulating the practice and licensure of veterinary technicians
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S207
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SD1225
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T12:13:40.9'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T12:13:40.9'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T14:01:16.6966667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-21T13:26:54.1866667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-06-13T10:00:22.0166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S207/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 207) of Jacob R. Oliveira, Anne M. Gobi and Steven S. Howitt for legislation to regulate the practice and licensure of veterinary technicians. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 13 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 26 the following section:-
Section 26A. There shall be a subsidiary board for veterinary technology within and subject to the control of the board of registration in veterinary medicine. Recommendations and decisions of the subsidiary board shall be subject to approval by the board of registration in veterinary medicine.
The subsidiary board shall be comprised of five members appointed by the governor. One member shall be a veterinarian member of the board of registration in veterinary medicine. Three members shall be licensed veterinary technicians selected from a list of nominees provided to the governor by the Massachusetts Veterinary Technician Association. One member shall be appointed as the public member of the subsidiary board. Each member of the subsidiary board shall be a legal resident of the commonwealth.
Members of the subsidiary board shall be appointed for two-year terms, except that the initial veterinarian appointee and one of the initial veterinary technician appointees shall be appointed for three-year terms.
The members of the subsidiary board shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in performance of their duties as members or on behalf of the subsidiary board.
SECTION 2. Section 54A of chapter 112 of the General Laws, as so appearing, is hereby amended by adding, after the sixth paragraph, the following:-
“Subsidiary board”, the subsidiary board for veterinary technology, as established in Section 26A of Chapter 13.
“Veterinary technology”, the performance of services within the field of veterinary medicine by a person who, for compensation or personal profit, is employed by or under the supervision of a licensed veterinarian to perform such duties as are required in carrying out medical orders as prescribed by a licensed veterinarian requiring an understanding of veterinary science.
“Veterinary technician”, a graduate of an American Veterinary Medical Association accredited program in veterinary technology or veterinary nursing who has achieved a passing score on an approved licensing exam as determined by the board of registration in veterinary medicine and has successfully applied for a license in the commonwealth.
“Veterinary assistant”, an individual working as part of a veterinary healthcare team who is not licensed as a veterinary technician.
SECTION 3. Chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after Section 54A the following new sections:-
Section 54B. The subsidiary board shall promulgate rules and regulations by which veterinary technicians shall be licensed and registered in the commonwealth, subject to approval by the board. The subsidiary board may recommend the suspension or revocation of a veterinary technician’s license for failure to abide by the general laws or regulations promulgated by the board. The subsidiary board shall provide education regarding differences in the duties and actions allowed for by veterinary technicians and veterinary assistants. The subsidiary board shall, subject to the approval of the board, change or alter the duties and rights granted to veterinary technicians and veterinary assistants to reflect changes in the practice of veterinary technology over time.
Such regulations, as promulgated by the subsidiary board and approved by the board, shall: delineate the duties which supervising, licensed veterinarians may assign to licensed veterinary technicians and to non-licensed veterinary assistants, consistent with good veterinary medical practice in the best interests of consumers; address the maintenance, suspension, and revocation of licenses; and provide for continuing education requirements for licensed veterinary technicians.
Veterinary technician students, or other individuals deemed appropriate by the subsidiary board, working under the supervision of a licensed veterinarian or a licensed veterinary technician may engage in activities necessary to learn and practice supervised techniques on patients.
The subsidiary board shall promulgate the criteria by which an individual is deemed a licensed veterinary technician or a non-licensed assistant. Any rules that allow individuals to become licensed without a formal degree in veterinary technology shall have an end date to be determined by the subsidiary board subject to approval by the board. Any such rule shall include consideration of experience, education, and examination.
Section 54C. (a) The rules created by the subsidiary board and approved by the board shall not apply to individual veterinary technicians or veterinary assistants who are working:
(1) as a research institution as defined in section 136A of chapter 140; or
(2) with special cases, including veterinary technicians or veterinary assistants working with zoos and aquaria, diagnostic facilities, licensed wildlife rehabilitation facilities and other such special cases as the subsidiary board shall identify.
Section 54D. Only those individuals who are licensed may utilize the title of veterinary technician. Regardless of job description and duties, anyone who does not hold a valid license to practice veterinary technology in the commonwealth, yet who functions in a similar capacity of supporting the overall care of veterinary patients, shall be referred to as a veterinary assistant. Any individual or veterinary practice who is found to be inappropriately using the title veterinary technician may be subject to fines as established by the board.
SECTION 4. Notwithstanding the provisions of section 26A of chapter 13 to the contrary, until the effective date of regulations establishing the criteria for licensed veterinary technicians, the veterinary technicians appointed to the subsidiary board for veterinary technology shall be Massachusetts Veterinary Technician Association Certified Veterinary Technicians.
SECTION 5. During the initial two years, rules and procedures for veterinary technician licensure will be established by the subsidiary board subject to approval by the board of registration of veterinary medicine. After those rules are established, each veterinary technician member shall be a Massachusetts licensed veterinary technician.
SECTION 6. This Act shall take effect upon its passage.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act to enhance cooperative purchasing opportunities for cities and towns
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S2070
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SD191
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T09:35:57.257'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-12T09:35:57.2566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:06:24.1666667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-12T10:05:33.2533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2070/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2070) of Bruce E. Tarr and James B. Eldridge for legislation to enhance cooperative purchasing opportunities for cities and towns. State Administration and Regulatory Oversight.
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SECTION 1. Section 22 of chapter 30B of the General Laws is hereby amended by inserting after the first paragraph, the following paragraph: Notwithstanding the provisions of any other section of this Chapter, public procurement units that conducts a cooperative purchasing agreement may award contracts to multiple offerors through a request for proposals if their chief procurement officer determines that doing so is in the best interests of the parties to the cooperative purchasing agreement.
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An Act relative to changing the name of the Salisbury Beach State Reservation
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S2071
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SD407
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:25:18.487'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:25:18.4866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2071/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2071) of Bruce E. Tarr for legislation relative to changing the name of the Salisbury Beach State Reservation. State Administration and Regulatory Oversight.
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The parcel or parcels of land and rights therein collectively known as Salisbury Beach State Reservation shall hereinafter be known as “Robert 'Boots' Chouinard State Reservation at Salisbury Beach”. The commissioner of conservation and recreation is authorized to cause to be recorded in the proper registry of deeds such form as may be required by law to document said name change.
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An Act designating the song “Roadrunner” as the official rock song of the Commonwealth
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S2072
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SD409
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:29:03.647'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-14T21:29:03.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2072/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2072) of Bruce E. Tarr for legislation to designate the song “Roadrunner” as the official rock song of the Commonwealth. State Administration and Regulatory Oversight.
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Chapter 2 of the General Laws is hereby amended by adding the following section:-
Section 61. The song, “Roadrunner”, words and music by Jonathan Richman, as recorded by Jonathan Richman and The Modern Lovers shall be the official rock song of the commonwealth.
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An Act establishing the Executive Office of Food Resources and Security
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S2073
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SD680
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T17:41:19.537'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-17T17:41:19.5366667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-23T09:53:54.82'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-13T10:17:31.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2073/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2073) of Bruce E. Tarr for legislation to establish an executive office of food resources and security. State Administration and Regulatory Oversight.
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SECTION 1. Section 2 of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “affairs”, in line 3, the following words:- , food resources and security.
SECTION 2. Section 3 of chapter 23G of the General Laws is hereby amended by inserting after the word “projects”, in line 92, as appearing in the 2020 Official Edition, the following words:- and loans to food producers selected by the department of investment and financing for food production pursuant to section 10 of chapter 28B.
SECTION 3. The General Laws are hereby amended by inserting after section 28A the following chapter:-
CHAPTER 28B.
EXECUTIVE OFFICE OF FOOD RESOURCES AND SECURITY
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Food Producer”, a person who produces food by farming, as that term is defined in section 1A of chapter 128, in the commonwealth, or by taking and selling fish, including shellfish, lobsters, edible crabs or other living marine resources, from coastal waters of the commonwealth under a commercial fishing license, permit or certificate issued pursuant to chapter 130.
“Food production”, the process by which a food producer cultivates, raises, harvests, collects, takes, gathers or otherwise handles plant or animal life, in whole or in part, whether or not embedded in the soil, for the purpose of offering for sale such plant or animal life, or part thereof, as food in the open market.
“Office”, the executive office of food resources and security.
“Secretary”, the secretary of food resources and security.
Section 2. There shall be an executive office of food resources and security, which shall be under the supervision and control of a secretary of food resources and security, appointed by the governor. The secretary may, pursuant to chapter 30A, adopt regulations for the implementation or interpretation of any law enforced or administered by any department, office, agency, or other entity in the executive office of food resources and security. In the executive office shall be the department of food production, the department of food labor and workforce development, the department of food innovation, development and research, the department of investment and financing for food production, the department of food security, identification and labeling, the department of economic development for locally-produced food, the department of nutrition and food health and the department of self-sufficiency for food production. Each department shall be headed by a commissioner. The executive office shall be organized and shall function as a single state agency with the authority and control for administrative purposes including, but not limited to, for the purposes of the accounting and financial system of the commonwealth. The secretary shall, notwithstanding any general or special law to the contrary, identify and consolidate administrative activities and functions common to the separate departments within the office and may designate such functions “core administrative functions” in order to improve administrative efficiency and preserve fiscal resources; provided, however, that common functions that shall be designated core administrative functions shall include, but shall not be limited to, human resources, financial management, information technology, legal, procurement and asset management.
Each commissioner shall be appointed and may be removed by the secretary, with the approval of the governor. Each commissioner shall be a person of skill and experience in the field of his appointment. The commissioner of each department may adopt reasonable regulations to allow those employees within his or her department to testify in civil proceedings so as to further the performance of the department's business. The commissioner of each department shall appoint all necessary employees within the department, except as may be otherwise provided by law. The positions of commissioner shall not be subject to the provisions of chapter 31 or section 9A of chapter 30. Each commissioner shall perform such functions as may be assigned to him by the secretary and shall devote his full time during business hours to the duties of the position. In case of a vacancy or an emergency, the secretary may appoint a person as acting commissioner for a period not exceeding 6 months, of any of the above departments, provided, the appointee is a person of skill and experience in the field of his or her appointment. The positions of the commissioners shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30.
Section 3. The office and its appropriate departments shall carry out policy relative to food production and in so doing shall:
(1) foster and support food producers so they are able to effectively and safely produce, market and sell food in a sustainable manner throughout the commonwealth.
(2) promote job creation and economic development in food production and local food distribution;
(3) create a workforce in food production that gives rise to an attractive environment for next-generation food production workers and researchers;
(4) develop and administer programs and incentives to improve nutrition and promote healthy eating habits across all age groups;
(5) develop statewide polices to increase demand for local foods through marketing and branding initiatives, and improve market and environmental statistics to support such polices;
(6) encourage, support, and undertake research and maintain laboratory and other research facilities to produce information regarding the science of food production, transportation and consumption for the benefit of the commonwealth, its communities, its citizens and other interested parties;
(7) enter into contracts and partnerships with private and public institutions for the advancement of the goals and directives set forth in this chapter;
(8) develop and administer programs and recommendations to reduce input costs, while strengthening financing and business planning for food producers;
(9) develop and administer programs to strengthen food production in the commonwealth so that in the future, Massachusetts would be better suited to feed all its citizens without importation of food from other states;
(10) foster strong relationships with food producers and consumers to achieve the goals and directives set forth in this chapter while creating opportunities for cultural and economic growth for the citizens of this commonwealth;
(11) advise and assist local governments, private and public institutions, organizations and associations, businesses, industries, and individuals by providing and acting as a clearinghouse for food production and labeling and consumption information, data, and other materials;
(12) represent and act on behalf of the commonwealth in connection with federal grant programs;
(13) keep accounts, records, personal data, enter into contracts, adjust claims, accept gifts, grants, bequests and devises, and subject to appropriation, acquire real or personal property by eminent domain or otherwise;
(14) advise and assist state agencies, cities, towns, and other units of local government in the preparation of grant or loan applications with respect to any food production or protection programs;
(15) coordinate activities among public institutions of higher education to engage in complementary state educational programs and collaborative research initiatives regarding food production; and
(16) promulgate rules and regulations necessary to carry out their statutory responsibilities.
Section 4. The secretary shall have the following powers and duties concerning any power or duty assigned to any department:
(1) the power and duty to resolve administrative and jurisdictional conflicts between any such departments or officers;
(2) the power and duty to implement, upon request of any such department or officer, programs jointly agreed to by the secretary and such agency or officer; and
(3) the power and duty to coordinate and improve program activities involving 2 or more such departments or officers.
Section 5. The secretary shall conduct comprehensive planning with respect to the functions of the office and shall coordinate the activities and programs of the departments and divisions within the office. The secretary shall continually review the operations of the office with a view toward improving administrative organization, procedures and practices, promoting economy and efficiency.
The secretary shall prepare annually a report of the organization and activities of the office as individually reported by the various departments and divisions within the office, the assignment of functions to various administrative units, officers and employees, and of the established places at which, and the methods whereby, the public may receive information or may make requests, and such other matters as the secretary deem appropriate.
The secretary shall annually evaluate the status of the production, distribution, labeling and consumption of food within the commonwealth. This evaluation shall be submitted as a part of the report referred to in the preceding paragraph, and it shall be accompanied by recommendations for appropriate actions to be taken to achieve best practices with respect to the production, distribution, labeling and consumption of food within the commonwealth.
In order to carry out the provisions of this chapter the secretary may, and is encouraged to, seek the laboratory, technical, education, and research skills and facilities of state institutions of higher learning.
Section 6. Subject to appropriation, the secretary, with the approval of the governor, may appoint such experts and other assistants as he shall deem necessary to perform the functions of his office, provided that the provisions of chapter 31 and section 9A of chapter 30 shall not apply to any person holding any such appointment. Every person so appointed to any position in his office shall have experience and skill in the field of such position. So far as practicable in the judgment of the secretary, appointments to such positions in his office shall be made by promoting employees of the commonwealth serving in positions which are classified under chapter 31, and such appointments shall at all times reflect the professional needs of the department or division affected. If an employee serving in a position which is classified under chapter 31 or in which he has tenure by reason of section 9A of chapter 30 shall be appointed to a position within his office which is not subject to the provisions of chapter 31, he shall upon termination of his service in such unclassified position be restored to the position which he held immediately prior to such appointment; provided, however, that his service in such unclassified position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter 31. Such restoration shall be made without impairment of his civil service status or tenure under section 9A of chapter 30 and without loss of seniority, retirement, or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.
Section 7. There shall be a department of food production broadly tasked with promoting the effective, profitable and safe production of food throughout farms and fishing communities located in the commonwealth.
Section 8. There shall be a department of food labor and workforce development, which shall: (1) develop programs that provide economic incentive to food producers; (2) create a workforce in food production that gives rise to an attractive environment for future food production workers and researchers; and (3) encourage, support, and undertake research into alternative centers of economic growth for food production and distribution within the commonwealth, including projects like the Gloucester Genomics Institute.
Section 9. There shall be a department of food innovation, development and research, which shall undertake research and maintain laboratory and other research facilities to provide information to food producers and other interested parties regarding the science behind food production. The department shall undertake research regarding the impact that specific environmental, biological, meteorological and chemical conditions have on food production in the commonwealth in order to, develop new sciences, proposals and techniques for the conservation and enhancement of fields, water and wildlife for food production.
Section 10. There shall be a department of investment and financial planning for food production, which shall identify and select food producers who are eligible to receive loans from the Massachusetts Development Finance Agency pursuant to clause (17) of section 3 of chapter 23G, based on criteria to be determined by the department; provided, however, in selecting food producers pursuant to this section, the department shall give preference to food producers operating in designated port areas. The department shall research and investigate production and operation methods of food producers, including the possibility and efficacy for producers to utilize shared equipment and infrastructure, and make recommendations to reduce input costs associated with production and transportation. The department shall develop programs and make recommendations to food producers designed to attract entrepreneurs and other new investors with a focus on providing
equity-like, risk capital for production growth to be supplied in smaller amounts and at lower returns.
Section 11. There shall be a department of food security, identification and labeling, which shall develop and administer programs and policies to improve food management and security and shall research the efficacy and implementation of next-generation food tracking systems, food management policies and labeling procedures to ensure a secure food infrastructure in the commonwealth.
Section 12. There shall be a department of economic development for locally-produced food that shall develop and administer public relations campaigns and marketing and branding programs to encourage public institutions and private businesses to purchase locally grown foods in order to strengthen and maintain local food producers positions in the local marketplace.
Section 13. There shall be a department of nutrition and food health, which shall develop and administer a public relations campaign and other programs designed to: (i) provide nutritional education to food producers and consumers; and (ii) encourage consumers to adopt healthy eating habits.
Section 14. There shall be a department of self-sufficiency for food production, which shall develop and administer programs to strengthen food production in the commonwealth so that in the future, Massachusetts would be better suited to feed all its citizens without importation of food from other states.
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An Act relative to the founding of the merchant marines
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S2074
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SD2271
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:00:36.243'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T15:00:36.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2074/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2074) of Bruce E. Tarr for legislation relative to the founding of the merchant marines. State Administration and Regulatory Oversight.
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Chapter 6 of the general laws is hereby amended by inserting after Section 15RRRRRR the following new section:-
SECTION 15SSSSSS. The governor shall annually set apart June 29, the anniversary of the Merchant Marine Act as the founding of the Merchant Marines, in recognition of its distinguished history and and shall issue a proclamation recommending that the day be observed by the people in the display of the flag and in appropriate public exercises, commemorative of the services and sacrifices of the citizens of the commonwealth who have served and continue to serve in the defense of the United States.
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An Act relative to the flying of the flag of the Commonwealth at half staff on state buildings and installations
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S2075
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SD578
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:42:49.95'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:42:49.95'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2075/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2075) of Walter F. Timilty for legislation relative to flying the flag of the Commonwealth at half-staff annually to honor the victims of the terrorist attack on September 11, 2001. State Administration and Regulatory Oversight.
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Section 6A of chapter 2 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
(h) On September 11 of each year the flag of the Commonwealth shall be flown at half-staff until sunset in honor of those brave Americans who perished in the terrorist attack upon our country on September 11, 2001.
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An Act designating March as Fibromuscular Dysplasia Awareness Month
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S2076
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SD581
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:43:22.493'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-17T09:43:22.4933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2076/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 2076) of Walter F. Timilty for legislation to designate March as Fibromuscular Dysplasia Awareness Month. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15LLLLL the following section:-
Section 15MMMMM. The governor shall annually issue a proclamation setting apart the month of March as Fibromuscular Dysplasia Awareness Month and recommending that the month be observed in an appropriate manner by the people.
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An Act establishing 413 Day
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S2077
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SD1179
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{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:06:15.07'}
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[{'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-19T10:06:15.07'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T10:52:44.3'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T12:27:00.6233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-09-05T11:55:30.22'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2077/DocumentHistoryActions
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Bill
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By Mr. Velis, a petition (accompanied by bill, Senate, No. 2077) of John C. Velis and Kelly W. Pease for legislation to establish 413 Day. State Administration and Regulatory Oversight.
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Chapter 6 of the General Laws is hereby amended by inserting after section 15BBBBBB the following section:-
Section 15CCCCCC. The governor shall annually issue a proclamation setting aside April thirteenth as 413 Day, to promote tourism, economic development, and the unique culture of western Massachusetts and recommending that said day be observed in an appropriate manner by the people.
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An Act to establish home energy efficiency ratings
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S2078
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SD1485
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:42:34.443'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:42:34.4433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-24T13:44:17.8633333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:47:16.4366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T11:31:09.7433333'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 2078) of Michael J. Barrett, Lindsay N. Sabadosa and James B. Eldridge for legislation to establish home energy efficiency ratings. Telecommunications, Utilities and Energy.
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SECTION 1. Subsection (iv) of paragraph (1) of subsection (c) of section 22 of chapter 21A of the General Laws is hereby amended by striking out, the second time it appears, the word “and”.
SECTION 2. Subsection (v) of paragraph (1) of subsection (c) of said section 22 of said chapter 21A is hereby amended by striking out the word “.” and inserting in place thereof the following words:- ; and.
SECTION 3. Paragraph (1) of subsection (c) of said section 22 of said chapter 21A is hereby further amended by adding the following clause:-
(vi) to fund grants to participating municipalities, and to nonprofit community organizations and municipal lighting plants within participating municipalities, for purposes related to participation in the municipal opt-in energy performance rating program established pursuant to section 21 of chapter 25A of the General Laws, including but not limited to, facilitating energy assessments, facilitating energy performance ratings, assisting homeowners and landlords with meeting compliance costs, including but not limited to, the costs of energy assessments and energy performance ratings, and supporting workforce development and training for energy assessors pursuant to chapter 25A.
SECTION 4. Subsection (a) of section 19 of chapter 25 of the General Laws is hereby amended by adding, in the first sentence, after the words "demand side management programs" the following words:- , and the municipal opt-in energy performance rating program established pursuant to section 21 of chapter 25A of the General Laws.
SECTION 5. Section 3 of chapter 25A of the General Laws is hereby amended by inserting after the definition of “End-user” the following 2 definitions:-
“Energy assessment”, an on-site evaluation by an energy assessor of the energy performance of a residential dwelling unit, based on the physical characteristics, including renewable energy infrastructure, of the residential dwelling unit, including but not limited to: (a) an energy audit, as defined in this section, delivered as part of the Massachusetts residential conservation service established in chapter 465 of the acts of 1980; (b) a home energy rating conducted by a Home Energy Rating System rater certified by the Residential Energy Services Network; or (c) other energy evaluations specifically designated by the department. For the purposes of this section, an energy assessment shall be valid for 8 years.
“Energy assessor”, a person or group of persons who conduct energy assessments, calculate energy performance ratings and produce energy scorecards and who have met minimum qualifications and quality assurance protocols established by the department.
SECTION 6. Said section 3 of said chapter 25A is hereby further amended by inserting after the definition of “Energy management services” the following definition:-
“Energy performance rating”, information of a standardized nature in a standardized format, all as determined by the department, presenting the results of a valid energy assessment conducted by an energy assessor. Such information shall not contain any unnecessary personal data as defined in section 1 of chapter 66A.
SECTION 7. Said section 3 of said chapter 25A is hereby further amended by inserting after the definition of “Reseller” the following definition:-
“Residential dwelling unit”, any building or dwelling of which 50 percent or more of the gross floor area, including hallways and other common space serving residents but excluding parking, is used for dwelling purposes, or any grouping of residential buildings designated by the department or a municipality as an appropriate reporting unit for the purposes of section 21 of this chapter.
SECTION 8. Section 11G of said chapter 25A is hereby amended by inserting after the word "programs," in line 3, the following words:- , including, but not limited to, the use of energy performance ratings.
SECTION 9. Said section 11G of said chapter 25A is hereby further amended by inserting after the word “programs," in line 9, the following words:- , including, but not limited to, the use of energy performance ratings,.
SECTION 10. Said chapter 25A is hereby further amended by adding the following section:-
Section 21. (a) The department shall develop and implement a municipal opt-in energy performance rating program requiring the conduct of energy assessments, the calculation of energy performance ratings and the sharing of said ratings with buyers or prospective buyers and lessees or prospective lessees before the sale or lease of a residential dwelling unit, including a newly constructed residential dwelling unit, in the commonwealth. Said program shall at a minimum provide for: (1) development of standard requirements, protocols, formats and methodologies for conducting energy assessments and producing and calculating energy performance ratings; (2) the setting of minimum qualifications for energy assessors to produce and calculate energy performance ratings, which may include, but shall not be limited to, standardizing qualifications for energy assessors throughout the commonwealth as well as protocols for assuring the quality of energy assessments and energy performance ratings; (3) training to energy assessors regarding the conduct of energy assessments and the production and calculation of energy performance ratings; (4) development of requirements and protocols regarding the method, manner and format in which energy performance ratings are to be provided to owners, buyers, prospective buyers, lessees, prospective lessees and the department; (5) development of requirements and protocols regarding the method, manner and format in which updated performance ratings are to be provided following modifications to a residential dwelling unit that materially changes its energy performance; (6) provision of grants to participating municipalities and to nonprofit community organizations and municipal lighting plants within participating communities for purposes related to participation in said energy performance rating program, including, but not limited to, facilitating energy assessments, facilitating energy performance ratings, assisting homeowners and landlords with meeting compliance costs, including, but not limited to, the costs of obtaining energy assessments and energy performance ratings, and supporting workforce development and training for energy assessors pursuant to implementation of this section; and (7) provision of grants to energy assessment providers and other similar entities to cover costs associated with adapting home energy assessment methodologies and software to provide the standardized information required for the municipal opt-in energy performance rating program established pursuant to this section and to cover costs associated with the use of historical home energy assessment data that may be utilized to produce energy performance ratings where feasible and practical, as determined by the department.
(b) The energy performance rating program shall require: (1) energy assessors to provide the owner, the lessee or lessees, or both where applicable, with an energy performance rating of a residential dwelling unit following an energy assessment of the unit; provided, that assessors shall also provide the rating to the department; and, provided further, that the department may by rule or regulation specify the method, manner and format in which said ratings are to be provided; and (2) an energy performance rating to be provided to buyers or prospective buyers when the property is publicly listed for sale and to lessees or prospective lessees when the property is publicly listed for rent or leasing; provided, that the department may by rule or regulation specify the method, manner and format in which said rating is to be provided; and, provided further, that a landlord of a residential dwelling unit who pays for utility services on behalf of a lessee or tenant shall not be required to acquire and provide energy performance ratings under this section.
(c) The department shall, in consultation with the state board of building regulations and standards, promulgate rules and regulations to implement this section, including, but not limited to: (1) the matters specified elsewhere in this section; (2) the process of providing an energy performance rating to a buyer, prospective buyer, lessee or prospective lessee, including whether said rating shall be provided (i) by a seller of the residential dwelling unit; (ii) by a real estate broker or real estate salesman, as defined by section 87PP of chapter 112, acting on behalf of the seller; or (iii) by some other means; (3) the phase-in and implementation schedule, within the bounds permitted by law, of energy performance rating requirements; (4) exemptions to the requirements of this section that it may deem reasonable, which may include exemptions for certain emergency transactions and for owners of residential dwelling units who do not have reasonable access to energy assessments provided without substantial fee to such owners, as determined by the department; and (5) requirements and protocols for producing scorecards from historical energy assessment data, if the department determines that so doing is feasible and practical.
(d) The department shall make available voluntary training for real estate brokers, appraisers, lenders, home inspectors and other interested professionals involved in residential real estate transactions on the uses of energy assessments and energy performance ratings and on the requirements, protocols and best practices associated with providing said assessments and performance ratings to buyers, prospective buyers, lessees and prospective lessees.
(e) The department shall maintain energy performance ratings received from an energy assessor or shall authorize a third party to maintain said ratings; provided, that individual energy scorecards shall not be disclosed by the department or any such third party without the consent of the owner of the residential dwelling unit, unless otherwise prescribed in this section or permitted by law. Energy performance ratings received by the department pursuant to this section shall not be deemed a public record, as defined in clause 26 of section 7 of chapter 4 and shall not be subject to a request for public records under section 10 of chapter 66; provided, however, that the department may release any aggregation of energy performance ratings.
(f) This section shall not be construed to require, or authorize the department to require, a municipality or a municipal lighting plant to participate in the energy performance rating program, including by requiring the provision of an energy performance rating following an energy audit or energy assessment provided through such municipality or plant; provided, that if a municipality or municipal lighting plant opts to participate in the energy performance rating program, such municipality or plant shall be subject to the provisions of this section and any rules or regulations the department may promulgate under this section.
SECTION 11. Subsection (a) of section 3 of chapter 465 of the acts of 1980 is hereby amended by adding the following paragraph:-
(10) requiring all utilities, with the exception of municipal corporations, to provide customers and the department of energy resources with energy performance ratings as defined in section 3 of chapter 25A of the General Laws, following: (a) an energy audit or energy assessment; or (b) any subsequent modifications to a residential dwelling unit, as defined in said section 3 of said chapter 25A, that materially changes the energy performance of such residential dwelling unit; provided, that utilities shall use historical energy audit data to provide and calculate energy performance ratings if so doing is determined to be feasible and practical by the department pursuant to section 21 of said chapter 25A.
SECTION 12. Subsection (g) of section 7 of said chapter 465 is hereby amended by adding the following sentence:- All utilities, with the exception of municipal corporations, shall provide energy performance ratings as defined in section 3 of chapter 25A of the General Laws to the department of energy resources, pursuant to section 21 of said chapter 25A.
SECTION 13. To develop and implement the municipal opt-in energy performance rating program required by section 21(a) of chapter 25A of the General Laws, the department of energy resources shall: (a) hold not less than 6 public hearings in geographically diverse locations representing rural, suburban and urban households, at least 2 of which shall be held in communities with a high percentage of middle-income households and at least 2 of which shall be held in communities with a high percentage of low-income households; and (b) establish the municipal opt-in energy performance rating program required by said section 21(a) not earlier than 18 months after the effective date of said section and not later than 30 months after the effective date of said section. Within the bounds permitted by law, the department may vary requirements based on building types and uses. Notwithstanding any special or general law, rule or regulation to the contrary, any municipality may adopt the municipal opt-in energy performance rating program following its establishment.
SECTION 14. Not earlier than 18 months after the effective date of section 21(a) of chapter 25A of the General Laws and not later than 30 months after the effective date of said section, the department of energy resources shall require an energy assessor to provide an energy performance rating as provided for in subsection (b) of said section 21 of chapter 25A.
SECTION 15. Not earlier than 18 months after the effective date of section 21(a) of chapter 25A of the General Laws and not later than 30 months after the effective date of said section, the department of energy resources shall require an energy performance rating to be provided to buyers or prospective buyers when a property is publicly listed for sale, and to lessees or prospective lessees when a property is publicly listed for rent or leasing, as provided for in subsection (b) of said section 21 of chapter 25A.
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An Act to set equal contracting conditions for electricity customers on basic service
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S2079
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SD1498
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:52:06.123'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T16:52:06.1233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:35:54.11'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-03T11:18:54.85'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:20:21.0833333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-03T16:30:52.28'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:47:08.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2079/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 2079) of Michael J. Barrett, Lindsay N. Sabadosa, Jason M. Lewis, Michael O. Moore and other members of the General Court for legislation to set equal contracting conditions for electricity customers on basic service. Telecommunications, Utilities and Energy.
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Section 1B of chapter 164 of the General Laws is hereby amended by striking out, in subsection (d), the words “for periods of up to six months” and inserting in place thereof the following words:- for the procurement period.
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An Act relative to motor vehicle financial protection products
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S208
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SD1478
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T00:10:04.42'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T00:10:04.42'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-01-19T16:39:11.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S208/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 208) of Jacob R. Oliveira and Meghan Kilcoyne for legislation relative to motor vehicle financial protection products. Consumer Protection and Professional Licensure.
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SECTION 1. The General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting after chapter 93L the following new chapter:-
CHAPTER 93M. Motor Vehicle Financial Protection Products
Section 1. Definitions
For purpose of this chapter, the following words and terms shall have the following meanings unless the context clearly requires otherwise:
“Borrower" means a debtor, retail buyer or lessee, under a finance agreement.
“Contract Holder” means a person who is the purchaser or holder of a vehicle value protection agreement.
"Creditor" means: (i) the lender in a loan or credit transaction; (ii) the lessor in a lease transaction; (iii) any retail seller of motor vehicles; (iv) the seller in commercial retail installment transactions; or (v) the assignees of any of the foregoing to whom the credit obligation is payable.
“Commercial” means a transaction wherein the motor vehicle will primarily be used for business purposes rather than personal.
“Commissioner” means the Commissioner of Banks
“Consumer” means an individual purchaser of a motor vehicle or borrower under a finance agreement, and includes a borrower or contract holder as herein defined as applicable.
“Debt waiver” means but is not limited to a (i) guaranteed asset protection waiver, (ii) an excess wear and use waiver, or (iii) other products as approved by the commissioner of insurance.
"Guaranteed Asset Protection Waiver" or “GAP Waiver” means a contractual agreement wherein a Creditor agrees, with or without a separate charge, to cancel or waive all or part of amounts due on a borrower’s finance agreement in the event of a total physical damage loss or unrecovered theft of the motor vehicle, which agreement must be part of, or a separate addendum to, the finance agreement. A GAP waiver may also provide, with or without a separate charge, a benefit that waives an amount, or provides a borrower with a credit, towards the purchase of a replacement motor vehicle.
“Excess wear and use waiver” means a contractual agreement wherein a creditor agrees, with or without a separate charge, to cancel or waive all or part of amounts that may become due under a borrower’s lease agreement as a result of excessive wear and use of a motor vehicle, which agreement must be part of, or a separate addendum to, the lease agreement. Excess wear and use waivers may also cancel or waive amounts due for excess mileage.
“Finance agreement” means a loan, retail installment sales contract or lease for the purchase, refinancing, or lease of a motor vehicle.
“Free look period” means the period of time from the effective date of the motor vehicle financial protection product until the date the motor vehicle financial protection product may be canceled without penalty, fees or costs. This period of time shall not be shorter than 30 days.
“Insurer” means an insurance company licensed, registered, or otherwise authorized to issue contractual liability insurance under the insurance laws of this state.
“Motor vehicle” means self-propelled or towed vehicles designed for personal or commercial use, including but not limited to automobiles, trucks, motorcycles, recreational vehicles, all-terrain vehicles, snowmobiles, campers, boats, personal watercraft, and related trailers.
“Motor vehicle financial protection products” are agreements defined herein that protect a consumer’s financial interest in their current or future motor vehicle and include but are not limited to debt waivers and vehicle value protection agreements. Motor vehicle financial protection products are not insurance.
"Person" includes an individual, company, association, organization, partnership, business trust, corporation, and every form of legal entity.
“Provider” means a person that is obligated to provide a benefit under a vehicle value protection agreement. A provider may perform as an administrator or retain the services of a third-party administrator.
“Vehicle value protection agreement” includes a contractual agreement that provides a benefit towards either the reduction of some or all of the contract holder’s current finance agreement deficiency balance, or towards the purchase or lease of a replacement motor vehicle or motor vehicle services, upon the occurrence of an adverse event to the motor vehicle including but not limited to loss, theft, damage, obsolescence, diminished value or depreciation. These agreements do not include debt waivers. These agreements may include agreements such as, but not limited to, trade-in-credit agreements, diminished value agreements, depreciation benefit agreements, or other similarly named agreements.
Section 2. Requirements for Offering Motor Vehicle Financial Protection Products
(a) The requirements for offering motor vehicle financial protection products include:
(1) Motor vehicle financial protection products may be offered, sold or given to consumers in this state in compliance with this Act;
(2) Notwithstanding any other provision of law, any amount charged or financed for a motor vehicle financial protection product is an authorized charge that must be separately stated and is not to be considered a finance charge or interest; and
(3) Neither the extension of credit, the terms of credit, nor the terms of the related motor vehicle sale or lease may be conditioned upon the consumer’s payment for or financing of any charge for a motor vehicle financial protection product. However, motor vehicle financial protection products may be discounted or given at no charge in connection with the purchase of other non-credit related goods or services.
Section 3. Debt Waivers
(a) For the purposes of this section, the term “Administrator” means a person, other than an insurer or creditor that performs administrative or operational functions pursuant to debt waiver programs.
(b) Requirements for offering debt waivers shall include:
(1) A retail seller must insure its debt waiver obligations under a contractual liability or other insurance policy issued by an Insurer. A creditor, other than a retail seller, may insure its debt waiver obligations under a contractual liability policy or other such policy issued by an Insurer. Any such insurance policy may be directly obtained by a creditor, or retail seller, or may be procured by an administrator to cover a creditor’s or retail seller’s obligations. However, retail sellers that are lessors on motor vehicles are not required to insure obligations related to debt waivers on such leased motor vehicles;
(2) The debt waiver remains a part of the finance agreement upon the assignment, sale or transfer of such finance agreement by the creditor;
(3) Any creditor that offers a debt waiver must report the sale of, and forward funds due to, the designated party or parties; and
(4) Funds received or held by a creditor or administrator and belonging to an insurer, creditor or administrator must be held by such creditor or administrator in a fiduciary capacity.
(c) Coverage under a contractual liability or other insurance policies insuring a debt waivers must:
(1) state the obligation of the Insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under a debt waiver;
(2) cover any subsequent assignee upon the assignment, sale or transfer of the finance agreement; and
(3) remain in effect unless cancelled or terminated in compliance with applicable insurance laws of this state. The cancellation or termination of a contractual liability or other insurance policy must not reduce the Insurer’s responsibility for debt waivers issued by the creditor prior to the date of cancellation or termination and for which premium has been received by the Insurer.
(d) Debt waivers must disclose in writing and in clear, understandable language that is easy to read, the following:
(1) The name and address of the initial creditor and the borrower at the time of sale, and the identity of any administrator if different from the creditor;
(2) The purchase price, if any, and the terms of the debt waiver, including without limitation, the requirements for protection, conditions, or exclusions associated with the debt waiver;
(3) That the borrower may cancel the debt waiver within a free look period as specified in the debt waiver, and will be entitled to a full refund of the purchase price paid by the borrower, if any, so long as no benefits have been provided;
(4) The procedure the borrower must follow, if any, to obtain debt waiver benefits under the terms and conditions of the debt waiver, including, if applicable, a telephone number or website and address where the borrower may apply for debt waiver benefits;
(5) Whether or not the debt waiver is cancellable after the free look period and the conditions under which it may be cancelled or terminated, including the procedures for requesting any refund of amounts paid;
(6) That in order to receive any refund due in the event of a borrower’s cancellation of the debt waiver, the borrower, in accordance with the terms of the debt waiver, must provide a written request to cancel to the creditor, administrator or other such party. If the cancellation of a debt waiver is due to the early termination of the finance agreement and no benefit has been or will be provided, then the borrower, in accordance with the terms of the debt waiver, must provide a written request to cancel to the creditor or administrator within ninety days of the occurrence of the event terminating the finance agreement;
(7) The methodology for calculating any refund of the unearned purchase price of the debt waiver, if any, that will be due in the event of cancellation of the debt waiver or early termination of the finance agreement; and
(8) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease, may be conditioned upon the borrower’s purchase of a debt waiver.
(e) (1)Debt waiver agreements may be cancellable or non-cancellable after the free look period. Debt waivers must provide that if a borrower cancels a debt waiver within the free look period, the borrower will be entitled to a full refund of the amount the borrower paid, if any, so long as no benefits have been provided.
(2) In the event of a borrower’s cancellation of the debt waiver, or upon the early termination of the finance agreement, after the debt waiver has been in effect beyond the free look period, the borrower may be entitled to a refund of the amount the borrower paid of the unearned portion of the purchase price, if any, less a cancellation fee up to $75, if no benefit has been or will be provided. In order to receive any refund due in the event of a borrower’s cancellation of the debt waiver, the borrower must provide a written request to cancel, in accordance with the terms of the debt waiver, to the creditor or administrator. If the cancellation is due to the early termination of the finance agreement, then the borrower, in accordance with the terms of the debt waiver, must provide a written request to cancel to the creditor or administrator within ninety days of the occurrence of the event terminating the finance agreement.
(3) If the cancellation of a debt waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as a reduction of the amount owed under the finance agreement, unless the borrower can show that the finance agreement has been paid in full.
(f) (1) Debt waivers offered by state or federal banks or credit unions in compliance with the applicable state or federal law are exempt from this Act.
(2) Sections 3(c) and 5 are not applicable to debt waivers offered in connection with commercial transactions.
Section 4. Vehicle Value Protection Agreements
(a) For the purposes of this section, the term “Administrator” means the person who may be responsible for the administrative or operational function of Vehicle Value Protection Agreements including but not limited to the adjudication of claims or benefit requests by Contract Holders.
(b) Requirements for offering vehicle value protection agreements include:
(1) A provider may, but is not required to, utilize an administrator or other designee to be responsible for any and all of the administration of vehicle value protection agreements in compliance with this Act.
(2) Vehicle value protection agreements shall not be sold unless the contract holder has been or will be provided access to a copy of that vehicle value protection agreement.
(3) In order to assure the faithful performance of the provider’s obligations to its contract holders, each provider shall be responsible for complying with the requirements of one of the following three subdivisions:
(i) Insure all of its vehicle value protection agreements under an insurance policy that pays or reimburses in the event the provider fails to perform its obligations under the vehicle value protection agreement that is issued by an insurer licensed, registered, or otherwise authorized to do business in this state either:
(A) at the time the insurers policy is filed with the commissioner, and continuously thereafter, (1) maintain surplus as to policyholders and paid-in capital of at least fifteen million dollars ($15,000,000) and (2) annually file copies of the insurer’s financial statements, its NAIC Annual Statement, and the actuarial certification required by and filed in the insurer's state of domicile; or
(B) at the time the insurers policy is filed with the commissioner, and continuously thereafter, (1) maintain surplus as to policyholders and paid-in capital of less than fifteen million dollars ($15,000,000) but at least equal to ten million dollars ($10,000,000), (2) demonstrate to the satisfaction of the commissioner that the company maintains a ratio of net written premiums, wherever written, to surplus as to policyholders and paid-in capital of not greater than 3 to 1, and (3) annually files copies of the insurer’s audited financial statements, its NAIC Annual Statement, and the actuarial certification required by and filed in the Insurer's state of domicile; or
(ii) (A) Maintain a funded reserve account for its obligations under its contracts issued and outstanding in this state. The reserves shall not be less than forty percent (40%) of gross consideration received, less claims paid, on the sale of the vehicle value protection agreement for all in-force contracts. The reserve account shall be subject to examination and review by the commissioner; and
(B) Place in trust with the commissioner a financial security deposit, having a value of not less than five percent (5%) of the gross consideration received, less claims paid, on the sale of the vehicle value protection agreements for all vehicle value protection agreements issued and in force, but not less than $25,000.00, consisting of one of the following:
(1) A surety bond issued by an authorized surety;
(2) Securities of the type eligible for deposit by authorized Insurers in this state;
(3) Cash;
(4) A letter of credit issued by a qualified financial institution; or
(5) Another form of security prescribed by regulations issued by the commissioner; or
(iii.)(A) Maintain, or together with its parent company maintain, a net worth or stockholders’ equity of $100 million; and
(B) Upon request, provide the commissioner with a copy of the provider’s or the provider’s parent company’s most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year, or if the company does not file with the Securities and Exchange Commission, a copy of the company’s audited financial statements, which shows a net worth of the provider or its parent company of at least $100 million. If the provider’s parent company’s Form 10-K, Form 20-F, or financial statements are filed to meet the provider’s financial security requirement, then the parent company shall agree to guarantee the obligations of the provider relating to vehicle value protection agreements sold by the provider in this state.
(4) Except for the requirements specified in subsection (a)(3) above, no other financial security requirements shall be required for vehicle value protection agreement providers.
(c) Vehicle value protection agreements must disclose in writing and in clear, understandable language that is easy to read, the following:
(1) The name and address of the provider, contract holder, and administrator, if any.
(2) The terms of the vehicle value protection agreement, including without limitation, the purchase price to be paid by the contract holder if any, the requirements for eligibility, conditions of coverage, or exclusions.
(3) That the vehicle value protection agreement may be cancelled by the contract holder within a Free Look Period as specified in the Vehicle Value Protection Agreement, and that in such event the Contract Holder will be entitled to a full refund of the purchase price paid by the Contract Holder, if any, so long as no benefits have been provided.
(4) The procedure the Contract Holder must follow, if any, to obtain a benefit under the terms and conditions of the Vehicle Value Protection Agreement, including, if applicable, a telephone number or website and address where the Contract Holder may apply for a benefit.
(5) Whether or not the Vehicle Value Protection Agreement is cancellable after the Free Look Period and the conditions under which it may be cancelled including the procedures for requesting any refund of the unearned purchase price paid by the Contract Holder.
(6) In the event of cancellation, the methodology for calculating any refund of the unearned purchase price of the Vehicle Value Protection Agreement due.
(7) That neither the extension of credit, the terms of the credit, nor the terms of the related motor vehicle sale or lease, may be conditioned upon the purchase of the vehicle value protection agreement.
(8) Vehicle value protection agreements shall state the terms, restrictions or conditions governing cancellation of the vehicle value protection agreement prior to the termination or expiration date of the vehicle value protection agreement by either the provider or the contract holder. The provider of the vehicle value protection agreement shall mail a written notice to the contract holder at the last known address of the contract holder contained in the records of the provider at least five (5) days prior to cancellation by the provider. Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation by the Contract Holder to the Provider or Administrator, or a substantial breach of duties by the Contract Holder relating to the covered product or its use. The notice shall state the effective date of the cancellation and the reason for the cancellation. If a Vehicle value protection agreement is cancelled by the provider for a reason other than nonpayment of the provider fee, the provider shall refund to the contract holder 100% of the unearned pro rata provider fee paid by the contract holder, if any. If coverage under the vehicle value protection agreement continues after a claim, then any refund may deduct claims paid. A reasonable administrative fee may be charged by the provider up to $75.
(d) Sections 4(c) and 5 are not applicable to vehicle value protection agreements offered in connection with a commercial transaction.
Section 5. Enforcement and Penalties
The commissioner may take action which is necessary or appropriate to enforce the provisions of this and to protect motor vehicle financial protection product consumers in this state. After proper notice and opportunity for hearing, the commissioner may:
(a) Order the creditor, provider, administrator or any other person not in compliance with this section to cease and desist from product-related operations which are in violation of this section; or
(b) Impose a penalty of not more than five hundred dollars ($500.00) per violation and no more than ten thousand dollars ($10,000) in the aggregate for all violations of similar nature. For purposes of this section, violations must be of a similar nature if the violation consists of the same or similar course of conduct, action or practice, irrespective of the number of times the action, conduct or practice which is determined to be a violation of this section occurred.
Section 6. Severability
If any provision of this chapter, or the application of the provision to any person or circumstances, is held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those as to which it is held invalid, is not to be affected.
Section 7. Intent
The legislature finds that motor vehicle financial protection products are not insurance. All motor vehicle financial protection products issued prior to and after the date of enactment of this chapter shall not be construed as insurance.
SECTION 2. Chapter 93M of the General Laws shall take effect immediately upon its passage of this act, or upon it otherwise becoming a law and applies to all motor vehicle financial protection products which become effective on or after 180 days from the effective date of this act. In no event will this chapter require changes to debt waivers being offered by any creditor or to any vehicle value protection agreement being offered by any provider on or before the effective date of this act.
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An Act to expand carbon pricing in the commonwealth
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S2080
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SD2273
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T15:01:58.683'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T15:01:58.6833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:35:48.69'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-03T11:18:42.9766667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-03T16:31:00.46'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:46:59.7733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2080/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 2080) of Michael J. Barrett, Lindsay N. Sabadosa, Jason M. Lewis, Joanne M. Comerford and others for legislation to expand carbon pricing in the commonwealth. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 21N of the General Laws is hereby amended by striking out section 7 in its entirety and inserting in place thereof the following section:-
Section 7. (a) Not later than January 1, 2026, the secretary and the department shall adopt market-based compliance mechanisms for, or other fees and exactions on, the heating and cooling of commercial, institutional, and industrial buildings, which mechanisms shall further the achievement of the statewide greenhouse gas emissions limits and sublimits adopted pursuant to this chapter related to commercial and industrial heating and cooling.
(b) Not later than January 1, 2027, the secretary and the department shall adopt market-based compliance mechanisms for, or other fees and exactions on, industrial processes, which mechanisms shall further the achievement of the statewide greenhouse gas emissions limits and sublimits adopted pursuant to this chapter related to industrial processes.
(c) Not later than January 1, 2028, the secretary and the department shall adopt market-based compliance mechanisms for, or other fees and exactions on, the transportation sector, which mechanisms shall further the achievement of the statewide greenhouse gas emissions limits and sublimits adopted pursuant to this chapter related to transportation.
(d) Not later than January 1, 2029, the secretary and the department shall adopt market-based compliance mechanisms for, or other fees and exactions on, residential heating and cooling, which mechanisms shall further the achievement of the statewide greenhouse gas emissions limits and sublimits adopted pursuant to this chapter related to residential heating and cooling.
(e) The executive office and the department may work with participating regional greenhouse gas initiative states and other interested states and Canadian Provinces to develop or expand market-based compliance mechanisms or other fees and exactions to sources and sectors necessary or useful to achieving the greenhouse gas emissions limits and sublimits of the commonwealth.
(f) The executive office and the department shall monitor compliance with any rule, regulation, order, emissions limit, emissions reduction measure, market-based compliance mechanism or other fees and exactions adopted by the secretary or the department pursuant to this chapter. The department may impose an administrative penalty pursuant to section 16 of chapter 21A for a violation of any rule, regulation, order, emissions limit, emissions reduction measure or other measure adopted by the secretary or department pursuant to this chapter.
(g) Market-based compliance mechanisms or other fees and exactions adopted pursuant to this section shall be designed to: (i) maximize the ability of the commonwealth to achieve the statewide greenhouse gas emissions limits and sublimits established pursuant to this chapter; provided, that any charges, exactions, allowances, or permits shall be set, imposed, allocated, auctioned, sold or authorized so as to maximize the likelihood that, beginning in the first year of implementation, said charges, exactions, allowances or permits shall result in a cost of emissions per metric ton of carbon dioxide equivalent of not less than 50 dollars; provided, further, that said charges, exactions, allowances, or permits shall be set, imposed, allocated, auctioned, sold or authorized so as to maximize the likelihood that the cost of emissions per metric ton of carbon dioxide equivalent will increase by ten dollars each year, up to a ceiling of 200 dollars per metric ton of carbon dioxide equivalent; (ii) ensure that the commonwealth achieves said limits and sublimits equitably and in a manner that protects and, where feasible, improves, the health and economic condition of low-income and moderate-income persons and communities; (iii) prevent increases in emissions of toxic air contaminants and criteria air pollutants, including, but not limited to, emissions of nitrous oxide, sulfur dioxide and mercury; (iv) identify manufacturing sectors, economic sectors, economic subsectors or individual employers at risk of significant adverse impacts due to emissions limits and sublimits, and mitigate such impacts; (v) take into account and address the distinctive vulnerabilities of rural, suburban and urban communities; and (vi) maximize environmental and economic benefits to the commonwealth.
(h) Proceeds realized by the adoption of market-based compliance mechanisms or other fees and exactions related to transportation shall be treated or disbursed in any proportion as follows: (i) as rebates or refunds to residents and employers of the commonwealth in proportion to the monies collected, respectively, from residents and employers; and (ii) as monies credited to the Commonwealth Transportation Fund established under section 2ZZZ of chapter 29, provided that such monies shall be used to further the achievement of the limits and sublimits adopted pursuant to this chapter related to transportation; provided further, that the secretary may allocate a reasonable amount of proceeds to reimburse the commonwealth for any direct costs incurred in the administration of activities authorized by this section; and provided, further, that there shall also be credited to the fund any appropriations made by the legislature and any investment income earned on assets of the fund. Amounts remaining in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in succeeding fiscal years.
(i) Proceeds realized by the adoption of market-based compliance mechanisms or other fees and exactions related to industrial processes and the heating and cooling of commercial, institutional, industrial and residential buildings shall be treated or disbursed in any proportion as follows: (i) as rebates or refunds to persons in proportion to the monies collected, respectively, from such persons; and (ii) as monies credited to the trust funds established in sections 2MMMMM, 2NNNNN, and 2OOOOO of chapter 29 of the General Laws, which monies shall be expended pursuant to said sections; provided, that the secretary may allocate a reasonable amount of proceeds to reimburse the commonwealth for any direct costs incurred in the administration of activities authorized by these sections of chapter 29.
(j) Annually, the secretary of administration and finance, in consultation with the secretary of energy and environmental affairs, shall file a report with the chairs of the senate committee on ways and means, the house committee on ways and means, and the joint committee on telecommunications, utilities and energy. The report shall include, but not be limited to, an analysis of the effectiveness of the market-based compliance mechanisms or other fees and exactions adopted or imposed pursuant to this chapter or maintained in connection with the initiative known as the regional greenhouse gas initiative. Said analysis shall include calculations of the contributions of each compliance mechanism, fee or exaction, expressed in tons of carbon dioxide equivalent, to meeting the statewide greenhouse gas emissions limits and sublimits established pursuant to this chapter.
(k) The secretary and the department may promulgate regulations governing market-based compliance mechanisms or other fees and exactions adopted or imposed to achieve greenhouse gas emissions from sources or categories of sources in order to achieve the statewide greenhouse gas emissions limits and sublimits required by this chapter.
SECTION 2. Chapter 29 of the General Laws, as so appearing, is hereby amended by adding the following 3 sections:-
Section 2MMMMM. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Green Commercial Building Fund, to be operated by the Massachusetts Clean Energy Center. Monies generated by the adoption of market-based compliance mechanisms or other fees and exactions related to commercial and industrial heating and cooling shall be distributed to said Fund in an amount or proportion determined by the secretary of energy and environmental affairs and used to further the achievement of the limits and sublimits adopted pursuant to Chapter 21N of the General Laws related to commercial and industrial heating and cooling. There shall also be credited to the fund any appropriations made by the legislature and any investment income earned on assets of the fund. Amounts remaining in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in succeeding fiscal years.
Section 2NNNNN. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Green Industrial Fund, to be operated by the Massachusetts Clean Energy Center. Monies generated by the adoption of market-based compliance mechanisms or other fees and exactions related to industrial processes shall be distributed to said Fund in an amount or proportion determined by the secretary of energy and environmental affairs and used to further the achievement of the limits and sublimits adopted pursuant to Chapter 21N of the General Laws related to industrial processes. There shall also be credited to the fund any appropriations made by the legislature and any investment income earned on assets of the fund. Amounts remaining in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in succeeding fiscal years.
Section 2OOOOO. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Green Residential Building Fund, to be operated by the Massachusetts Clean Energy Center. Monies generated by the adoption of market-based compliance mechanisms or other fees and exactions related to residential buildings shall be distributed to said Fund in an amount or proportion determined by the secretary of energy and environmental affairs and used to further the achievement of the limits and sublimits adopted pursuant to Chapter 21N of the General Laws related to residential heating and cooling. There shall also be credited to the fund any appropriations made by the legislature and any investment income earned on assets of the fund. Amounts remaining in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in succeeding fiscal years.
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An Act establishing a Climate Policy Commission
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S2081
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SD2293
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T15:08:05.843'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T15:08:05.8433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:35:43.7333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-03T11:18:35.73'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-07T16:16:02.21'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:20:09.6933333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T15:08:36.44'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T11:30:56.7033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2081/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 2081) of Michael J. Barrett, Lindsay N. Sabadosa, Jason M. Lewis, Mark C. Montigny and others for legislation to establish a Climate Policy Commission. Telecommunications, Utilities and Energy.
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The General Laws are hereby amended by inserting after chapter 21O the following chapter:-
Chapter 21Q. Climate Policy Commission.
Section 1. As used in this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Commission”, the climate policy commission established pursuant to section 2.
“Greenhouse gas emissions”, emissions of a greenhouse gas as defined in section 1 of chapter 21N.
“State agency”, a state agency as defined in section 1 of chapter 29.
Section 2. (a) There shall be established a state agency known as the climate policy commission. The commission shall be an independent public entity not subject to the supervision and control of any other executive office, department, commission, board, bureau, agency or political subdivision of the commonwealth.
(b) There shall be a board, with duties and powers established pursuant to this chapter, that shall govern the commission and that shall consist of: the secretary of energy and environmental affairs, who shall serve ex officio; 2 members appointed by the attorney general who shall have expertise in energy economics, environmental law, public health, climate science or statistics, and 1 of whom shall reside in a low-income community, the city of Boston, or a gateway municipality as defined in section 3A of chapter 23A of the General Laws; and 6 members appointed by the governor, 2 of whom shall reside in a low-income community, the city of Boston, or a gateway municipality as defined in section 3A of chapter 23A of the General Laws, and 4 of whom shall be selected from a list comprised of 1 individual nominated by each president or chancellor of an institution of higher education in the commonwealth classified by the Carnegie Classification System as a doctorate-granting university with very high research activity, 1 of whom shall have expertise in energy economics, public health, climate science or statistics and 1 of whom shall be selected from a list of not less than 3 individuals nominated by the greenhouse gas emissions reduction measures advisory committee established under section 8 of chapter 21N. All persons appointed to the commission shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the appointing authorities determine are necessary to fulfilling the mission of the commission.
A vacancy occurring on the commission shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy shall serve initially only for the unexpired term. Members of the commission shall be eligible for reappointment. The commission shall annually elect 1 of its members to serve as chair and 1 member to serve as vice-chair.
Members shall serve without pay, but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties. No appointed member shall hold full or part-time employment in the executive or legislative branch of state government. Each member of the commission shall be a resident of the commonwealth.
(c) Any action of the commission may take effect immediately and need not be published or posted unless otherwise provided by law. All moneys of the commission shall be considered to be public funds for purposes of chapter 12A. Except as otherwise provided in this section, the operations of the commission shall be subject to chapter 268A and chapter 268B.
The commission shall not be required to obtain the approval of any officer or employee of any executive agency in connection with the collection or analysis of any information. The commission shall not be required to obtain the approval of any officer or employee of any executive agency with respect to the substance of any reports that the commission has prepared under this chapter before publication.
(d) The commission shall appoint an executive director by a majority vote. The executive director shall be selected without regard to political affiliation and solely on the basis of the qualifications and experience that the commission determines necessary to fulfill the mission of the commission. The executive director shall supervise the administrative affairs and general management and operations of the commission and also serve as secretary of the commission, ex officio. The executive director shall receive a salary commensurate with the duties of the office. The executive director may, with the approval of the commission, appoint other officers and employees of the commission necessary to the functioning of the commission.
The executive director shall not be required to obtain the approval of any other executive agency in connection with appointment of employees. Sections 9A, 45, 46 and 46C of chapter 30, chapter 31 and chapter 150E shall not apply to the executive director of the commission. Sections 45, 46 and 46C of chapter 30 shall not apply to any employee of the commission. The executive director may establish personnel regulations for the officers and employees of the commission.
Annually, not later than the first Wednesday in February, the executive director shall file a personnel and operations report with the clerks of the senate and house of representatives and the senate and house committees on ways and means. The report shall contain the job classifications, duties and salary of each officer and employee within the commission, personnel regulations applicable to the officers and employees and the revenue and expenditures of the commission. The executive director shall file amendments to the report with the clerks of the senate and house of representatives and the senate and house committees on ways and means when any such amendment becomes effective.
If the position of executive director is vacant, a successor shall be appointed in the same manner as the original appointment for the unexpired term. The executive director shall serve for a term of 5 years. No person shall be appointed as the executive director for more than 2 consecutive 5-year terms.
The commission may remove the executive director from office, for cause, by a majority vote. The reasons for removal of the executive director shall be stated in writing and shall include the basis for such removal.
The executive director shall, with the approval of the commission: (i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the commission; (ii) employ professional and clerical staff as necessary; (iii) report to the commission on all operations under their control and supervision; (iv) prepare an annual budget and manage the administrative expenses of the commission; and (v) undertake any other activities necessary to implement the powers and duties under this chapter.
The commission may approve the use of funds from receipt of up to 2 per cent, not to exceed $5,000,000, of any monies collected by the commonwealth from market-based compliance mechanisms used to address greenhouse gas emissions, including, but not limited to, the regional greenhouse gas initiative established under section 22 of chapter 21A, to support the annual budget of the commission, in addition to funds from any other source and any funds appropriated therefor by the general court. The commission shall not be required to obtain the approval of another executive agency in connection with the development and administration of its annual budget.
The commission shall adopt and amend rules and regulations for the administration of its duties and powers and to effectuate this chapter pursuant to chapter 30A.
Section 3. The commission shall be responsible for tracking and assessing public and private sector progress, or the lack thereof, towards meeting any and all limits, sublimits, benchmarks, goals and milestones set pursuant to chapter 21N with respect to greenhouse gas emissions and reductions thereto, and for facilitating such progress.
The focus of the commission shall be comprehensive and economy-wide, including, but not limited to, the specific sectors of electric power, transportation, commercial and industrial heating and cooling, residential heating and cooling, industrial processes, solid waste, agriculture, natural and working lands, and natural gas transmission, distribution and service.
The commission shall:
(i) assess, comment on, and make recommendations with respect to, the content, design, management and likely effectiveness of specific policies, programs and initiatives proposed or undertaken to reduce or avoid greenhouse gas emissions and meet any and all limits, sublimits, benchmarks, goals and milestones set pursuant to chapter 21N with respect to greenhouse gas emissions.
(ii) assess, comment on, and make recommendations with respect to, any roadmap plan, policy, program, federal grants, initiative, regulation, law or certification issued, proposed, prepared, promulgated, noticed, undertaken or completed by the commonwealth or any of its political subdivisions with respect to matters within the purview of the commission, including the implications for, and risks to low-income communities, the city of Boston, and gateway municipalities as defined in section 3A of chapter 23A of the General Laws, together with a summary and review of past actions taken to protect, mitigate and, where feasible, improve the condition of low-income and moderate-income persons;
(iii) assess, comment on, and make recommendations with respect to, electric power and natural gas transmission and distribution system planning;
(iv) assess, comment on, make recommendations with respect to, and monitor the affordability, effectiveness, equity implications, and adoption of products, practices, services, solutions, standards, improvements and technologies that may reduce or hinder reductions of emissions of greenhouse gases, as greenhouse gas is defined in section 1 of chapter 21N of the General Laws;
(v) report periodically to the governor, the secretary of energy and environmental affairs, the chief of the office of climate innovation and resilience, the environmental justice council, the global warming solutions implementation advisory committee, the energy efficiency advisory council, the senate president, the speaker of the house of representatives, the senate and house committees on ways and means, the senate and house committees on global warming and climate change, the joint committee on telecommunications, utilities and energy and the joint committee on environment, natural resources and agriculture on the matters within the commission’s purview, including, but not limited to, the commonwealth’s progress towards meeting any and all limits, sublimits, benchmarks, goals and milestones set pursuant to chapter 21N with respect to greenhouse gas emissions and the reduction of greenhouse gas emissions; provided, however, that the commission shall report not less than twice a year; provided, further, that said reports shall be public and be posted on the commission’s website.
(vi) examine, retain and publish all documents and data produced, collected or kept by any state agency that the commission deems relevant to carrying out its charge; provided, however, that a document that a state agency deems not to be a public record under section 3 of chapter 66 shall remain not a public record under the control of the commission.
(vii) assess, comment, and make recommendations to, state agencies with respect to changes in collection practices or scope related to any of the subject matter of this section; and
(viii) conduct hearings and undertake inquiries with respect to the subject matter of this section.
(ix) meet at least biannually with the advisory council established under section 5;
(x) review the comprehensive reports prepared under section 18 of chapter 25A and recommend actions to reduce energy consumption and greenhouse gas emissions in buildings subject to said section; and
(xi) serve as a central repository for and disseminate data and analysis to the public and policymakers from any and all sources that the commission deems relevant to carrying out its charge. In collaboration with the executive office of energy and environmental affairs, the commission shall establish an accessible and standardized format according to which to receive data collected or reported pursuant to this chapter. The commission shall annually review the completeness and accuracy of data, data collection methodology, and data analyses. The commission shall identify any incomplete or inaccurate data, data collection methodology, and data analyses and make recommendations for improvement.
Section 4. There shall be an advisory council to the commission. The advisory council shall provide advice and input on the overall operation and policy of the commission. The council shall be appointed by the governor and comprised of members representing: (i) environmental protection; (ii) low-income and moderate-income population advocacy; (iii) persons of less than 18 years of age; (iv) persons from communities disproportionately impacted by climate change; (v) employees of small business in the green energy sector; (vi) electric power generation and distribution; (vii) transportation; (viii) the distinguishing characteristics and vulnerabilities of rural, suburban and urban households; (ix) farming; (x) consumer protection; (xi) housing; (xii) commercial development; (xiii) industrial and manufacturing; (xiv) sectors that may displace workers through emission reductions efforts and advancements in green technology; (xv) transportation; (xvi) land use; and (xvii) local government.
Section 5. (a) The commission shall hold not less than 3 public hearings in geographically diverse locations on each certification filed under section 4 of chapter 21N, not less than 2 of which shall be held in low-income communities, the city of Boston, or gateway municipalities as defined in section 3A of chapter 23A of the General Laws.
(b) Not later than 60 days after the department of public utilities issues a certificate of compliance under section 21 of chapter 25, the commission shall hold a public hearing examining the degree to which the activities undertaken pursuant to each plan contributed to meeting statewide greenhouse gas emission limits imposed by statute or regulation.
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An Act to establish a clean heating initiative in the commonwealth and reorganize the energy efficiency programs known as MassSave
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S2082
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SD2346
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:04:43.877'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T16:04:43.8766667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T11:35:38.3733333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-03T11:18:28.3566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-03T16:32:12.5433333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:20:01.9966667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:46:51.2866667'}]
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 2082) of Michael J. Barrett, Lindsay N. Sabadosa, Jason M. Lewis, Joanne M. Comerford and other members of the General Court for legislation to establish a clean heating initiative in the commonwealth and reorganize the energy efficiency programs known as MassSave. Telecommunications, Utilities and Energy.
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SECTION 1. Section 19 of chapter 25 of the General Laws is hereby amended, in subsection (a), by striking out the second sentence and inserting in place thereof the following sentence:- The programs shall be administered by the board of the commonwealth clean heating initiative as established in section 21A of this chapter in consultation with the electric distribution companies and municipal aggregators with energy plans certified by the department under subsection (b) of section 134 of chapter 164.
SECTION 2. Said section 19 of said chapter 25 is hereby further amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The department may approve and fund gas energy efficiency programs proposed by gas distribution companies, including, but not limited to, demand side management programs; provided, that any gas energy efficiency programs so approved and funded shall be administered by the board of the commonwealth clean heating initiative established in section 21A of this chapter in consultation with said gas distribution companies. Energy efficiency activities eligible for funding under this section shall include combined heat and power and geothermal heating and cooling projects. Funding may be supplemented by funds authorized by section 21. In administering such programs, the board of the commonwealth clean heating initiative shall ensure that they are delivered in a cost-effective manner capturing all available efficiency opportunities, minimizing administrative costs to the fullest extent practicable; provided, however, that when determining cost-effectiveness, the calculation of program benefits shall include calculations of the social value of greenhouse gas emissions reductions, except in the cases of conversions from fossil fuel heating and cooling to fossil fuel heating and cooling and utilizing competitive procurement processes to the fullest extent practicable.
SECTION 3. Section 20 of said chapter 25 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The department shall require a mandatory charge of 0.5 mill per kilowatt-hour for all electricity consumers, except those served by a municipal lighting plant which does not supply generation service outside its own service territory or does not open its service territory to competition at the retail level, to support the development and promotion of renewable energy projects. In the event the department approves and funds gas energy efficiency programs pursuant to section 19 of this chapter, the department shall provide a source of funding by requiring a mandatory charge per therm for all gas customers; provided, that the department shall propose a specific charge or range of charges, following which the department of public utilities shall determine the exact charge to be levied after conducting an adjudicatory proceeding to determine said charge. All revenues generated by charges required pursuant to this section shall be deposited into the Massachusetts Renewable Energy Trust Fund established under section 9 of chapter 23J.
SECTION 4. Section 21 of said chapter 25 is hereby amended by inserting, after the first sentence of paragraph (1) of subsection (b), the following sentence:- Each plan shall be administered by the board of the commonwealth clean heating initiative established in section 21A of this chapter.
SECTION 5. Said section 21 of said chapter 25 is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Each plan prepared under subsection (b) shall be submitted for approval and comment by the board of the commonwealth clean heating initiative, hereinafter the board, established in section 21A of this chapter every 3 years on or before March 30 and by the energy efficiency advisory council every 3 years on or before April 30. The electric and natural gas distribution companies and municipal aggregators shall provide any additional information requested by the board and the council that is relevant to the consideration of the plan. The board and the council shall review the plan and any additional information and shall submit their approval or comments to the electric and natural gas distribution companies and municipal aggregators not later than 3 months after their respective receipts of the plan. The electric and natural gas distribution companies and municipal aggregators may make any changes or revisions to reflect the input of the board and the council.
SECTION 6. Said section 21 of said chapter 25 is hereby further amended, in paragraph (1) of subsection (d), by striking out the first sentence and inserting in place thereof the following sentence:- The electric and natural gas distribution companies and municipal aggregators shall submit their respective plans, together with the board’s and the council's approval or comments and a statement of any unresolved issues, to the department every 3 years on or before October 31.
SECTION 7. Said chapter 25 is hereby further amended by inserting after section 21 the following section:-
Section 21A. (a) There is hereby established a commonwealth clean heating initiative, hereinafter the clean heating initiative. There shall be a board, known as the board of the commonwealth clean energy initiative, with duties and powers established pursuant to this section, to govern the energy efficiency programs established pursuant to sections 19 to 22, inclusive, of this chapter. Its members shall be: the secretary of energy and environmental affairs or her designee; the commissioner of the department of energy resources or her designee; the secretary of housing and community development or her designee; 1 individual appointed by the energy efficiency advisory council; 1 individual appointed by the metropolitan area planning council; and 4 individuals appointed by the governor, 2 of whom shall be representatives of the electric distribution companies, chosen by the governor from a list of 3 nominees submitted by the electric distribution companies operating within the commonwealth, and 2 of whom shall be representatives of natural gas distribution companies, chosen by the governor from a list of 3 nominees submitted by the natural gas distribution companies operating within the commonwealth. At least 3 members of the commission shall reside in low-income communities, the city of Boston, or in gateway municipalities as defined in section 3A of chapter 23A.
A vacancy occurring on the board shall be filled within 90 days by the original appointing authority. A person appointed to fill a vacancy shall serve initially only for the unexpired term. Members of the board shall be eligible for reappointment.
(b) The board of the commonwealth clean energy initiative, hereinafter the board, shall work with the chief executive officer of the clean heating initiative appointed pursuant to this section to administer, in consultation with the program administrators, the energy efficiency programs of the commonwealth established pursuant to sections 19 through 22, inclusive, of this chapter. The board shall be responsible for promoting the cost-effectiveness of energy efficiency programs and for achieving the greenhouse gas emissions limits and sublimits set pursuant to chapter 21N. The board shall be responsible for tracking and assessing the operation and success of said programs.
(c) Meetings of the board shall be subject to sections 18 to 25, inclusive, of chapter 30A. The board shall be subject to all other provisions of said chapter 30A and records pertaining to the administration of the board shall be subject to section 42 of chapter 30 and section 10 of chapter 66. Except as otherwise provided in this section, the operations of the board shall be subject to chapter 268A and chapter 268B.
(d) The board shall appoint a chief executive officer of the clean heating initiative, hereinafter the chief executive officer, by a majority vote. The chief executive officer shall be selected without regard to political affiliation and solely on the basis of qualifications and experience as the board determines necessary and desirable. In consultation with the program administrators, the chief executive officer of the clean heating initiative shall provide general management and operations of said energy efficiency programs. The chief executive officer shall receive a salary commensurate with the duties of the office.
The chief executive officer shall serve for a term of 5 years. If the position of chief executive officer is vacated mid-term, a successor shall be appointed in the same manner as the original appointment for the remainder of the term.
The board may remove the chief executive officer from office, for cause, by a majority vote. The reasons for removal of the chief executive officer shall be stated in writing and shall include the basis for such removal.
(e) The chief executive officer shall, with the approval of the board and in consultation with the program administrators: (i) plan, direct, coordinate and execute administrative functions in conformity with the policies and directives of the energy efficiency programs; (ii) employ professional and clerical staff as necessary; (iii) report to the board on all operations under its control and supervision; (iv) prepare an annual budget sufficient to pay for board activities and responsibilities; (v) oversee coordination between the energy efficiency advisory council, participating utilities, and the department of public utilities; and (vi) undertake any other activities necessary to achieve the purposes of the programs established pursuant to this chapter.
(f) The board may approve the use of funds from receipt of monies collected pursuant to section 20 of this chapter to support the annual budget of the board, in addition to funds from any other source and any funds appropriated therefor by the general court. The board shall not be required to obtain the approval of another executive agency in connection with the development and administration of its annual budget.
SECTION 8. Section 22 of said chapter 25 is hereby amended, in subsection (b), by inserting, in the second sentence, after the word “with” the following words:- the board of the commonwealth clean heating initiative, hereinafter the board, established in section 21A of this chapter, and
SECTION 9. Said section 22 of said chapter 25 is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) The board, electric and natural gas distribution companies and municipal aggregators shall provide quarterly reports to the council on the execution of their responsibilities and the implementation of their respective plans. The reports shall include a description of the board’s and the program administrator's progress in implementing the plan, a summary of the savings secured to date, a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting any and all greenhouse gas emission limits and sublimits imposed by statute or regulation and such other information as the council shall determine. The council shall provide an annual report to the department and the joint committee on telecommunications, utilities and energy on the execution of responsibilities and the implementation of plans which includes descriptions of the programs, expenditures, cost-effectiveness and savings and other benefits during the previous year and a quantification of the degree to which the activities undertaken pursuant to each plan contribute to meeting any and all greenhouse gas emission limits and sublimits imposed by statute or regulation.
SECTION 10. Notwithstanding any general or special law or regulation to the contrary, the department of energy resources, hereinafter the department, shall conduct an analysis of programs, investment plans, projects, initiatives, and funding sources offered by state government, federal government, local government, and for-profit and not-for-profit entities, and made available in the commonwealth to promote building energy efficiency and decarbonization, including the electric energy efficiency programs, gas energy efficiency programs, energy efficiency investment plans, and natural gas efficiency investment plans established pursuant to chapter 25 of the general laws and known collectively as Mass Save.
In addition to the programs and investment plans known collectively as Mass Save, additional programs, plans, projects, initiatives, and funding sources subject to the analysis shall include, but not be limited to, (a) energy efficiency programs established by municipal lighting plants; (b) renewable energy portfolio standards established pursuant to section 11F of chapter 25A of the general laws and alternative portfolio standards established pursuant to section 11F1/2 of chapter 25A; (c) municipal lighting plant greenhouse gas emissions standards established pursuant to section 11F3/4 of chapter 25A, as amended by section 33 of chapter 8 of the Acts of 2021; (d) other energy conservation, solar, and renewable and alternative energy programs developed, administered, overseen or coordinated by the commonwealth; (e) other relevant activities undertaken by the executive office of energy and environmental affairs, its various department and bureaus, and other offices and agencies of the executive branch and quasi-autonomous authorities of the commonwealth; (f) grant, loan, training, and investment programs offered by the Massachusetts clean energy technology center pursuant to chapter 23J of the general laws; and (g) other relevant energy efficiency and decarbonization programs, regional and local planning activities, and advisory and technical support services undertaken or sponsored by nonprofit and community organizations, investor-owned utilities, municipal lighting plants, builders and developers, manufacturers and vendors of heating, ventilation and air conditioning equipment, and vendors of oil, propane and wood products and services.
The purposes of the analysis shall be to improve the effectiveness of, and coordination among, programs, investment plans, projects, initiatives, and funding sources; and assist residents of the commonwealth and ensure compliance with the greenhouse gas emissions limits and sublimits set for the commonwealth pursuant to chapter 21N of the general laws. To advance these purposes, the analysis shall take note of the final report of the Massachusetts Commission on Clean Heat dated November 30, 2022, and other sources; examine relevant statutes, regulations, ordinances, and bylaws adopted in various federal, state, and local jurisdictions; evaluate potential new organizational configurations and funding approaches; and reduce any structural or inherent conflicts of interest that in the department’s judgment may impede the realization of such purposes.
In addition to the analysis, the department shall submit recommendations regarding reorganization of the process for proposing, preparing, and administering the energy efficiency programs and investment plans in the commonwealth established pursuant to chapter 25 of the general laws and known collectively as Mass Save, together with any legislative or budgetary recommendations that may facilitate the implementation of said recommendations, taking into account all other pertinent programs, plans, projects, initiatives, and funding sources available in the commonwealth to support building energy efficiency and decarbonization.
The department shall present its analysis and recommendations by filing the same 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 July 1, 2024.
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An Act exempting prepaid wireless customers from E911 fees
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S2083
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SD234
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-12T13:13:13.73'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-12T13:13:13.73'}]
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 2083) of Michael D. Brady for legislation to exempt prepaid wireless customers from E911 fees. Telecommunications, Utilities and Energy.
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SECTION 1. Subsection (a) of section 18H of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the seventh sentence and inserting in place thereof the following sentence: the provisions of this subsection shall not apply to prepaid wireless service as defined in section 18A.
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An Act promoting dairy farms
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S2084
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SD794
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-17T22:04:55.097'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-17T22:04:55.0966667'}]
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 2084) of Michael D. Brady for legislation to promote dairy farms. Telecommunications, Utilities and Energy.
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Subsection (e) of section 17 of chapter 25A of the General Laws is hereby amended in the first sentence by striking the date “ 2018 “ and inserting in its place thereof, the following new date “ 2021 “.
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An Act relative to towing protections
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S2085
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SD615
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-17T11:43:57.5'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-17T11:43:57.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2085/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 2085) of William N. Brownsberger for legislation relative to towing protections. Telecommunications, Utilities and Energy.
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SECTION 1. Section 6B of Chapter 159B of the General Laws is hereby amended by inserting at the end of the third paragraph the following words: “No other charges may be assessed for the towing or storage of a vehicle.”;
and further by inserting after the third paragraph the following two paragraphs:-
“The motor vehicle storage facility shall allow the owner of a car in its possession the ability to remove any possessions that are not part of the car and/or physically attached to it from said car if the individual is unable to pay the tow and storage fee in full.
The motor vehicle storage facility shall have a credit card reader on premises and shall accept credit or debit card payments in addition to cash payments for vehicle removal and storage charges.”.
SECTION 2. Section 120D of Chapter 266 of the General Laws is hereby amended in the first paragraph by inserting after the words:- “posted notice” the following words:- “including current removal and storage fees as defined by the department”;
and further in the first paragraph by striking the following words:- “unless otherwise specified by such chief of police or police commissioner”;
and further in the first paragraph by inserting after the words:- “shall include” the following words:- “a photograph of the vehicle parking or standing on the private way”;
and further by inserting after the first paragraph the following paragraph:- “Any person who removes a motor vehicle shall have a credit card reader within the tow vehicle being operated and shall accept credit or debit card payments in addition to cash payments for vehicle removal and storage charges.”;
and further by inserting at the end of the sixth paragraph the following words:- “Upon payment, the person lawfully holding a vehicle removed or released before the towing is completed shall provide a receipt itemized by the removal and storage charges. The receipt should also include current removal and storage fees as defined by the department.”;
and further in the seventh paragraph by striking the following words:- “may, at his discretion” and inserting in place thereof the following word:- “shall”.
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An Act relative to essential energy needs
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S2086
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SD2278
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-19T17:15:52.5'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-19T17:15:52.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2086/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 2086) of Nick Collins for legislation relative to essential energy needs. Telecommunications, Utilities and Energy.
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Subsection (b) of section 84 of chapter 179 of the acts of 2022 is hereby amended by striking out the words “or to hospitals or medical offices regulated by the department of public health as a health care facility.” and inserting in place thereof the following words:- “to hospitals or medical offices regulated by the department of public health as a health care facility, or commercial, industrial and institutional permitted installations.”
(b) The department of energy resources shall establish a demonstration project in which cities and towns may, notwithstanding chapter 40A of the General Laws, section 13 of chapter 142 of the General Laws and chapter 164 of the General Laws or any other general or special law to the contrary, adopt and amend general or zoning ordinances or by-laws that require new building construction or major renovation projects to be fossil fuel-free, and enforce restrictions and prohibitions on new building construction and major renovation projects that are not fossil fuel-free, including through the withholding or conditioning of building permits; provided, that said restrictions and prohibitions shall not apply to research laboratories for scientific or medical research, or to hospitals or medical offices regulated by the department of public health as a health care facility or commercial, industrial and institutional projects.
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An Act relative to reasonable energy consumption
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S2087
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SD2398
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:48:36.91'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-20T16:48:36.91'}]
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 2087) of Nick Collins for legislation relative to reasonable energy consumption. Telecommunications, Utilities and Energy.
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Section 84(c) of Chapter 179 of the Massachusetts General Laws, as appearing in the 2022 official edition, is hereby amended by striking out "and has submitted a home rule petition to the general court on the subject matter of this section;" and replacing it with "a home rule petition on the subject matter of this section has been approved by the general court and governor of the Commonwealth"
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An Act protecting consumers from unreasonable utility rate increases
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S2088
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SD313
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T18:18:24.397'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T18:18:24.3966667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-15T09:53:46.8966667'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2088) of Joanne M. Comerford and Susannah M. Whipps for legislation to protect consumers from unreasonable utility rate increases. Telecommunications, Utilities and Energy.
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SECTION 1: Chapter 164 of the General Laws is hereby amended by inserting after section 94I the following sections:-
Section 94J. (a) In any base rate proceeding conducted by the department under section 94 for electric companies or gas companies, the department may not approve an allowed return on equity higher than the average allowed return on equity approved in neighboring states over the preceding 4 years. Such requirement may be waived only upon a specific showing that the constitutional rights of the electric or gas company would otherwise be violated.
(b) The determination of allowed return on equity under this section shall not include compensation related to programs under section 21 of chapter 25 or any performance incentives designed to promote the efficient, clean, and reliable operation of the electric or gas system.
Section 94K. In any base rate proceeding conducted by the department under section 94 for electric companies or gas companies, the department may not approve a performance-based ratemaking mechanism with a negative productivity factor, negative productivity offset, or negative X factor, or any other mechanism that automatically results in annual revenue increases at a rate higher than inflation.
SECTION 2: Section 94K of chapter 164 of the General Laws, as inserted by this act, shall apply to any performance-based ratemaking mechanism approved more than 30 days after the effective date of this act. For any performance-based ratemaking mechanism approved prior to 30 days after the effective date of this act, the department shall exclude the negative productivity factor from any future filings for an annual performance-based ratemaking adjustment.
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An Act promoting solar energy canopies on large parking lots
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S2089
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SD830
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:42:26.25'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:42:26.25'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-15T09:52:52.36'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2089) of Joanne M. Comerford and Mindy Domb for legislation to promote solar energy canopies on large parking lots. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 21A of the General Laws is hereby amended by inserting after section 28 the following section:-
Section 29. (a) The office, in coordination with the department of energy resources, shall establish a program to encourage the construction and operation of solar power generating canopies over large parking lots. The program shall be designed to contribute to the state's greenhouse gas emission reduction requirements and increase overall renewable energy generation, as well as provide shade and weather protection to both the vehicles under the canopies and people moving from their cars into the buildings served by the parking lot.
(b) The program shall include:
(i) incentives to encourage the construction and operation of solar power generating canopies and co-located energy storage facilities, which may include construction requirements, incentive payments, tax reductions or deferrals, expedited interconnection requirements, zoning or other regulatory preferences, which may include increasing the amount of the incentive through the state’s current or future solar incentive program for solar panels mounted on parking lot canopies; or other financial or regulatory incentives;
(ii) a definition of qualifying parking lots, which may be phased in over time;
(iii) minimum electric generation capacity requirements; and
(iv) such other criteria and conditions necessary for an efficient and effective solar power generating canopies over large commercial parking lots program that significantly increases the use of solar-generated power in the commonwealth.
(c) In designing the program, the department shall:
(i) consult with an advisory working group to make recommendations concerning the design and operation of the program. The members of the advisory working group shall be appointed by the secretary and shall include a representative of the division of energy resources, who shall chair the working group, and a representative of the commercial real estate industry; a representative of organized labor, 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; ;
(ii) review the design and operation of parking lot solar energy incentive programs proposed or in operation in other jurisdictions, including in the state of Washington, Hawaii, California, and France; and
(iii) hold not fewer than 3 public hearings in different regions of the commonwealth to receive public testimony and input on the program.
(d) The department shall promulgate regulations as necessary to implement the program.
(e) If statutory changes are necessary to implement the program, the department shall make specific recommendations to the general court for required changes in statutes.
SECTION 2. The advisory working group for the program to encourage the construction and operation of solar power generating canopies over large parking lots under section 29 of chapter 21A of the General Laws shall make its recommendations no later than 1 year after the effective date of this act. The department shall implement said section 29 of said chapter 21A no later than 2 years after the effective date of this act.
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An Act to ensure driver privacy with electronic tolling
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S209
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SD1588
| 193
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T18:03:19.33'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-19T18:03:19.33'}]
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 209) of Jacob R. Oliveira for legislation to ensure driver privacy with electronic tolling. Consumer Protection and Professional Licensure.
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Section 13 of Chapter 6C of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by adding the following 5 subsections:-
(d) Any technology used for toll collection under this chapter, including radio-frequency identifying transponders, shall not be used to identify the location of any vehicle for purposes other than charging and collecting and, from time to time, fixing and revising tolls for transit under this section.
(e) No data derived from any technology used for toll collection under this chapter, including but not limited to the GPS coordinates, location, date and time, speed of travel, photograph, license plate number or other identifying information regarding any vehicle, shall be shared with or provided to any law enforcement entity or any law enforcement official without a valid warrant issued pursuant to the requirements of Sections 2 to 3A, inclusive, of Chapter 276.
(f) Any data obtained or accessed in violation of subsection (e) shall be inadmissible in any criminal or civil proceeding; provided, however, that an individual whose rights have been violated by the improper transfer of or access to data derived from any technology used for toll collection under this chapter, may introduce evidence concerning such data in a civil action brought pursuant to subsections (h) or (i) or may grant permission to another party in a civil proceeding to introduce such evidence.
(h) Any aggrieved person may institute a civil action in district or superior court for damages resulting from a violation of subsection (e), or in superior court to restrain any such violation. If in any such action a willful violation is found to have occurred, the violator shall not be entitled to claim any privilege absolute or qualified, and he shall, in addition to any liability for such actual damages as may be shown, be liable for exemplary damages of not less than $100 and not more than $1,000 for each violation, together with costs and reasonable attorneys’ fees and disbursements incurred by the person bringing the action.
(i) Any use of data obtained or accessed in violation of subsection (e) of this section shall be a violation of Chapter 93A.
(j) Notwithstanding any general or special law to the contrary, a law enforcement entity or official may obtain information described in subsection (e) without a warrant if it reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires obtaining without delay information relating to the emergency; provided, however, that the request is narrowly tailored to address the emergency and subject to the following limitations: (i) the request shall document the factual basis for believing that an emergency involving immediate danger of death or serious physical injury to a person requires obtaining without delay of the information relating to the emergency; and (ii) not later than 48 hours after the government office obtains access to records, it shall file with the appropriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the office setting forth the grounds for the emergency access.
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An Act incorporating embodied carbon into state climate policy
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S2090
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SD840
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:09:55.607'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:09:55.6233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-04T15:50:37.47'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-18T12:53:33.5633333'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2090) of Joanne M. Comerford for legislation to incorporate embodied carbon into state climate policy. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 21N of the General Laws is hereby amended by adding the following section:-
Section 12. (a) For the purposes of this section, the following terms shall have the following meanings:
“Department”, the department of energy resources.
“Embodied carbon”, the carbon dioxide and carbon dioxide equivalent emissions associated with materials and construction processes throughout the whole lifecycle of a building or infrastructure.
“Environmental product declaration” or “EPD”, a Type III environmental product declaration, as defined by the International Organization for Standardization (ISO) standard 21930 and the relevant product category rule for each type of concrete product or a similarly robust life-cycle assessment method that conforms to ISO 21930 and the relevant product category rule for each type of concrete product.
“Life-cycle assessment” or “LCA”, an assessment that is used to calculate the environmental primary and secondary impacts of a product, service, or process, over the lifetime of that product, service, or process.
(b) The Massachusetts state climate chief, in consultation with the department, shall establish an Embodied Carbon Advisory Board. Members of the advisory board shall be appointed by the climate chief and shall include, but not be limited to: (i) 2 licensed professional engineers; (ii) 2 licensed registered architects; (iii) 2 representatives of the construction industry; (iv) 2 representatives of an accredited school of civil engineering; (v) 2 representatives from affordable housing organizations (vi) 1 representative from the Massachusetts Clean Energy Center; (vii) 1 representative from the Massachusetts Building Commissioners and Inspectors Association; (viii) 1 representative from the Board of Building Regulations and Standards and (ix) 1 representative each from the executive office of transportation, the executive office of housing and community development, the department of energy resources, the Division of Capital Asset Management and Maintenance, and the department of environmental protection.
The climate chief shall consider geographic diversity when making appointments to the Embodied Carbon Advisory Board.
(c) The office of climate innovation and resilience shall provide staffing support and funding to the Embodied Carbon Advisory Board, including sufficient funding for administration, research, legal assistance, public outreach, publications, a public website, consulting and other functions.
(d) The department, in consultation with the Embodied Carbon Advisory Board and the Massachusetts climate chief shall conduct an assessment of the current state of professional literacy of embodied carbon and strategies to measure, monitor, and reduce embodied carbon across relevant industry practitioners, including but not limited to (i) structural engineers, (ii) electrical engineers (iii) mechanical engineers (iv) plumbing engineers, (v) architects, (vi) building inspectors, and (vii) general contractors. Following the assessment, the department, in consultation with the Embodied Carbon Advisory Board and in collaboration with the division of professional licensure, shall provide recommendations for best approaches, including courses and certifications, to advance industry literacy.
(e) The department, in consultation with the Embodied Carbon Advisory Board and the Massachusetts climate chief, shall establish guidelines and recommendations for best practices for industry entities to measure, track, and reduce emissions from embodied carbon of buildings. The Embodied Carbon Advisory Board may establish guidelines and recommendations for best practices for industry entities to measure, track, and reduce emissions from embodied carbon in infrastructure. The guidelines shall include best practices for conducting a life-cycle analysis of buildings and benchmarking emissions of new construction and renovation building projects as well as environmental product declarations for building materials.
(f) Notwithstanding any special or general law, rule, or regulation to the contrary, the department shall incorporate provisions that advance the measurement and reduction of embodied carbon into the stretch energy code in appendix 115AA of the Massachusetts building energy code.
(g) The updates to the stretch code and specialized stretch energy code under section 6 of chapter 25A shall be developed, adopted, and incorporated as an appendix to the state building code on a timeline set by the Embodied Carbon Advisory Board in consultation with the department and in alignment with the conclusions drawn from the state of literacy assessment under subsection (d).
SECTION 2. Clause (14) of section 6 of chapter 25A of the General Laws is hereby amended by inserting after the words “net-zero building performance standards” the following words:- , the measurement and reduction of embodied carbon.
SECTION 3. (a) The members of the Embodied Carbon Advisory Board shall be appointed no later than 6 months after the effective date of this act.
(b) The guidelines and recommendations relative to embodied and operational carbon shall be issued by the department of energy resources no later than 1 year after the formation of the Embodied Carbon Advisory Board.
(c) No later than 1 year after the formation of the Embodied Carbon Advisory Board, the Massachusetts state climate chief, in consultation with the Embodied Carbon Advisory Board and the department, shall submit a report to the clerks of the house of representatives and the senate detailing the best policy mechanisms to measure, monitor, and reduce embodied carbon across all building types in the Commonwealth. This report shall consider interactions between embodied carbon and operational carbon to ensure policy recommendations to reduce embodied carbon also contribute to the reduction of operational carbon. This report shall include the best approaches to integrate the reduction of embodied carbon into the Massachusetts state building code, including the stretch and specialized stretch energy code as under section 96 of chapter 143 of the General Laws and state amendments to the International Building Code sections. This report shall further include best practices to incentivize and enhance the re-use of building materials and decrease building demolition, where beneficial.
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An Act reforming energy system planning for equity and climate transformation
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S2091
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SD863
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:45:40.98'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T11:45:40.98'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T10:25:52.5333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-14T12:03:46.3833333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-04-20T08:30:40.12'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2091) of Joanne M. Comerford and Jack Patrick Lewis for legislation to reform energy system planning for equity and climate transformation. Telecommunications, Utilities and Energy.
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SECTION 1. The General Laws are hereby amended by inserting after chapter 25C the following chapter:-
Chapter 25D. DEPARTMENT OF ENERGY TRANSFORMATION PLANNING
Section 1. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Energy distribution system”, the components of the electric grid, natural gas distribution network, geomicrogrid, or other utility-scale investment that collectively distribute electricity or thermal energy to consumers in the Commonwealth.
“Environmental burdens”, as defined in section 62 of chapter 30, including any destruction, damage or impairment of natural resources that is not insignificant, resulting from intentional or reasonably foreseeable causes, including but not limited to, climate change, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or storm water flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial or government operations or other activity that contaminates or alters the quality of the environment and poses a risk to public health.
“Environmental justice population”, as defined in section 62 of chapter 30 of the General Laws, including a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.
“Environmental justice principles”, as defined in section 62 of chapter 30 of the General Laws, including principles that support protection from environmental pollution and the ability to live in and enjoy a clean and healthy environment, regardless of race, color, income, class, handicap, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief or English language proficiency, which includes: (i) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and (ii) the equitable distribution of energy and environmental benefits and environmental burdens.
“Long-term distribution system planning”, comprehensive 10-year plan for the energy distribution system to meet customers’ energy, capacity, and thermal needs.
“Distributed energy resources”, distributed renewable generation facilities, energy efficiency, energy storage, electric vehicles, active demand management, and load management technologies.
Section 2. There shall be within the executive office of energy and environmental affairs a department called the department of energy transformation planning, under the supervision of a commissioner of energy transformation planning, hereinafter the commissioner. The duties given to the commissioner in this chapter and in any other general or special law shall be exercised and discharged subject to the direction, control and supervision of the secretary of energy and environmental affairs. The commissioner shall be appointed by the secretary of energy and environmental affairs, with the approval of the governor, and may, with like approval, be removed. The commissioner shall be a person of skill and experience in the field of energy regulation or policy and shall serve a term coterminous with that of the governor. The position of commissioner shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The commissioner shall devote full time during business hours to the duties of the office. In the case of an absence or vacancy in the office of the commissioner, or in the case of disability as determined by the secretary, the secretary may designate an acting commissioner to serve as commissioner until the vacancy is filled or the absence or disability ceases. The acting commissioner shall have all the powers and duties of the commissioner and shall have similar qualifications as the commissioner.
Section 3. The commissioner shall be the executive and administrative head of the department of energy transformation planning and shall be responsible for administering and enforcing the provisions of law relative to the division and to each administrative unit thereof.
The department shall advance the commonwealth’s public interest by conducting statewide long-term distribution system planning. The department’s long-term distribution planning shall meet the goals and objectives outlined in section 5.
The commissioner may, from time to time, subject to appropriation, establish within the department such administrative units as may be necessary for the efficient and economical administration of the department and, when necessary for such purpose, may abolish any such administrative unit, or may merge any 2 or more of them, as the commissioner deems advisable. The commissioner shall prepare and keep current a statement of the organization of the department, of the assignment of its functions to its various administrative units, offices and employees, and of the places at which and the methods whereby the public may receive information or make requests. Such statement shall be known as the department's description of organization. A current copy of the description of organization shall be kept on file in the office of the secretary of state and in the office of the secretary of administration.
Section 4. Subject to appropriation, the commissioner of energy transformation planning with the approval of the governor may appoint such persons as they shall deem necessary to perform the functions of the department and his office, provided that the provisions of chapter 31 and section 9A of chapter 30 shall not apply to any person holding any such appointment. Every person so appointed to any position in his office shall have experience and skill in the field of such position. So far as practicable in the judgment of the commissioner, appointments to such positions in their office shall be made by promoting or transferring employees of the commonwealth serving in positions which are classified under chapter 31, and such appointments shall at all times reflect the professional needs of the department or division affected. If an employee serving in a position which is classified under chapter 31 or in which an employee has tenure by reason of section 9A of chapter 30 shall be appointed to a position within this office which is not subject to the provisions of chapter 31, the employee shall upon termination of his service in such position be restored to the position which they held immediately prior to such appointment; provided, however, that their service in such position shall be determined by the civil service commission in accordance with the standards applied by said commission in administering chapter 31. Such restoration shall be made without impairment of their civil service status or tenure under section 9A of chapter 30 and without loss of seniority, retirement or other rights to which uninterrupted service in such prior position would have entitled him. During the period of such appointment, each person so appointed from a position in the classified civil service shall be eligible to take any competitive promotional examination for which the person would otherwise have been eligible. The general court shall appropriate funding necessary to fully implement the long-term distribution system planning provisions of this chapter.
Section 5. (a) The department shall, in consultation with the department of energy resources and the department of public utilities, develop and implement long-term distribution system plans to assist in the transition to a clean, affordable, and reliable electric grid and restructured natural gas distribution system in a cost-effective manner. No later than December 31, 2023 and every 3 years thereafter, the shall issue a 10-year plan for the energy distribution system to enable the cost-effective achievement of statewide greenhouse gas emissions limits and other climate policies pursuant to chapter 21N. The plan shall examine the energy distribution system’s relationship to the regional grid, to identify cost-effective solutions to improve reliability and resiliency, and to achieve greenhouse gas reductions.
(b) The department shall be responsible for the following functions and duties:
(i) enhanced load forecasting that reflects end-use electrification and distributed energy resources, in coordination with electric distribution companies;
(ii) coordinating with utilities to ensure data adequacy, accuracy, consistency, and transparency;
(iii) coordinating with relevant executive offices charged with energy policy to incorporate other public policy programs and objectives, including equitable access to the benefits of distributed energy resources; and
(iv) development of related metrics for monitoring incremental progress toward planning goals pursuant to section 5, including for the purposes of evaluating electric or natural gas distribution company service pursuant to section 5.
(c) The department shall conduct its long-term distribution system planning in a fully transparent and accessible way and shall allow for rigorous stakeholder input. The department shall run technical conferences and stakeholder workshops before the plans are developed to define requirements and inform inputs, assumptions, methodologies, and tools that will assist the department in determining what actions it shall direct an electric transmission and distribution company to take. An electric transmission and distribution company shall ensure to the greatest extent practicable that any information requested by the department is provided in a form accessible to interested parties and all relevant data and distribution planning modeling tools are available to stakeholders subject to commercial non-disclosure, confidential energy infrastructure, codes of conduct and other commercial, department of public utilities, and FERC requirements.
Plans shall include, but not be limited to: (i) forecasts of projected load that accounts for factors including projected end-use electrification, state climate mandates, energy efficiency and distributed energy resources;
(ii) baseline energy supply data and assessment, including but not limited to energy generation additions including renewable energy, and energy storage installations;
(iii) hosting capacity analysis including locational benefits of distributed energy resources and areas of existing or potential system congestion;
(iv) analysis of available and emerging technologies necessary to enable load management and flexibility;
(v) an assessment of the environmental burdens and impact upon environmental justice populations of integrated distribution plans;
(vi) an assessment of consumer cost impacts and protections for low-income communities;
(vii) a 3-year action plan to optimize near-term grid investments and operations; and
(viii) pathways that address the strategic wind-down of the natural gas system, including whether components of the gas distribution system should be safely decommissioned, replaced, repaired, or repurposed to meet customer needs, including the possibility of using networked geothermal systems that use non-emitting renewable thermal infrastructure.
Section 6. (a) The department shall conduct the long-term distribution system planning for the technologies and services that are required to meet statewide greenhouse gas emissions limits pursuant to chapter 21N. The department shall conduct long-term system planning so that the commonwealth can mitigate and equitably adapt to climate change while minimizing stranded costs.
(b) Each plan shall prioritize alleviating and mitigating energy burdens experienced by environmental justice populations and shall equitably allocate costs.
(c) The department shall integrate and utilize distributed and local energy resources to meet customers’ energy, capacity, and thermal needs and shall maximize customer benefits while attempting to minimize costs. The department shall consider the costs of climate change impacts, including societal impacts and impacts to the distribution system itself, when evaluating alternate pathways for meeting distribution system needs.
(d) The distribution system plans shall ensure energy system safety, reliability, and affordability.
Section 7. The department may at any time, if it determines it is necessary, revise an energy distribution system plan to address any deficiencies. The department of public utilities may order an electric or natural gas distribution company to take any reasonable actions to align its business, programs, operations, and investments with the plan.
Section 8. (a) The department shall conduct open and competitive procurement processes to solicit proposals to fill the system needs identified in the energy distribution system plan. The department shall oversee open markets to solicit and to select projects that meet the grid, consumer, environmental justice principles, and climate objectives outlined in section 5.
(b) The department shall determine which distribution assets may provide consumer and grid benefits by remaining under monopoly ownership and control and shall assign those needs directly to the electric distribution company who shall incorporate them in their next rate case or grid modernization proceeding before the department of public utilities.
SECTION 2. The secretary of energy and environmental affairs, in consultation with the department of public utilities, shall promulgate regulations for the implementation, administration and enforcement of this chapter.
SECTION 3. No later than 90 days after the effective date of this act, the secretary of energy and environmental affairs shall submit a report to the clerks of the senate and the house of representatives, joint committee on telecommunications, utilities, and energy, the house and senate committees on ways and means, that includes an assessment of staffing and resources that may be necessary to implement the long-term distribution planning provisions of chapter 25D of the General Laws, as inserted by this act.
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An Act relative to making methane accounting truthful helps
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S2092
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SD1979
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T21:59:54.693'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T21:59:54.6933333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-20T15:01:49.31'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-12T18:27:43.68'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2092) of Joanne M. Comerford and Steven Owens for legislation to make methane accounting truthful helps. Telecommunications, Utilities and Energy.
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SECTION 1. Section 1 of chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Carbon dioxide equivalent” in lines 17 to 21, inclusive, and inserting in place thereof the following definition:-
“Carbon dioxide equivalent”, the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas calculated for a timeframe of 20 years and for a timeframe of 100 years, based on the best available science, including from the Intergovernmental Panel on Climate Change.
SECTION 2. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by striking out the definition of “Statewide greenhouse gas emissions” in lines 92 to 99, inclusive, and inserting in place thereof the following definition:-
“Statewide greenhouse gas emissions”, the total annual emissions of greenhouse gasses in the commonwealth, including all emissions of greenhouse gasses from the generation of electricity and the distribution and use of gas delivered to and consumed in the commonwealth, accounting for electric transmission and distribution line losses, and accounting for losses of gas in the commonwealth in transmission, storage, distribution, and use by consumers, whether the electricity is generated or the gas is produced in the commonwealth or imported; provided, however, that statewide greenhouse gas emissions shall be expressed in tons of carbon dioxide equivalents and reported for a timeframe of 20 years and a timeframe of 100 years.
SECTION 3. Section 2 of said chapter 21N is hereby amended by striking out subsection (b) and inserting in place thereof the following:-
(b) The department shall: (1) consult with the secretary on periodic review and updates of emission reporting requirements, as necessary; (2) review existing and proposed state, federal and international greenhouse gas emissions reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this chapter and other programs and to streamline reporting requirements on greenhouse gas emissions sources; and (3) every 3 years use the best available science, including from the Intergovernmental Panel on Climate Change, to review and update carbon dioxide equivalents and factors that impact statewide greenhouse gas emissions, and, retroactive to 1990, adjust the accounting of statewide greenhouse gas emissions; provided further, that if the results of such update are not consistent with federal reporting requirements, the department may issue 2 reports.
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An Act expanding access to the fossil fuel free demonstration project
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S2093
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SD1991
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T09:26:30'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T09:26:30'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-06-21T13:42:43.6633333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-06-28T10:19:26.24'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:59:42.0333333'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 2093) of Joanne M. Comerford for legislation to expand access to the fossil fuel free demonstration project. Telecommunications, Utilities and Energy.
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Section 84 of chapter 179 of the acts of 2020 is hereby amended by striking out subsection (c) and inserting in place thereof the following new subsection:-
(c) Upon application, the department shall accept into the demonstration program established pursuant to this section any city or town that has received local approval; provided, that the department shall, in the interest of increasing housing production in the commonwealth, withhold approval of an application by a city or town applying to participate in the demonstration project until such time as said city or town has: (i) met the 10 per cent housing affordability threshold set under chapter 40B of the General Laws or has been granted safe harbor status through an approved Housing Production Plan by the department of housing and community development; or (ii) has approved a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, that such multi-family housing shall be without age restrictions and shall be suitable for families with children; provided further, that a city or town that met the 10 per cent affordability threshold as of December 21, 2020, shall be deemed to have satisfied the requirements of this paragraph. For the purposes of this section, multi-family housing shall be a building with 3 or more residential dwelling units or 2 or more buildings on the same lot with more than 1 residential dwelling unit in each building and a district of reasonable size shall have a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 of the General Laws and title 5 of the state environmental code established pursuant to section 13 of chapter 21A of the General Laws.
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An Act to promote low-income access to solar
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S2094
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SD349
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:09:47.29'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:09:47.29'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:58:01.5633333'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2094) of Cynthia Stone Creem relative to promote low-income access to solar. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 149. (a) The department of energy resources shall ensure equity, accessibility, and promote participation by renters and low-income retail electric customers in the solar incentive program established in section 11 of chapter 75 of the acts of 2016, and in any successor solar incentive program, by implementing a low-income customer verification process in which low income customers shall be persons whose income is at or below 80 percent of the area median income or 200 percent of the federal poverty level or is a small business, who are, for the purposes of this section defined as business entities, including their affiliates that are (i) independently owned and operated; and (ii) are defined as a “small business” under applicable federal law, as established in the United States Code and promulgated from time to time by the United States Small Business Administration.
(b) A low-income multi-unit building that meets the definition under M.G.L. c. 40B, § 20 or otherwise receives tax credits under the U.S. Department of Housing and Urban Development Low-Income Housing Tax Credit program shall qualify as one low-income customer.
(c) In the implementation of the program, the department shall:
(i) Require income data verification to determine eligibility for low-income customers. Proof of eligibility required for low-income customers shall include one or more than one of the following: proof of participation in a low income discount program including Medicaid; Supplemental Security Income; Temporary Assistance for Needy Families; Women, Infants, and Children Nutrition Program; Low Income Home Energy Assistance Program; Supplemental Nutrition Assistance Program; Head Start; National School Lunch Program; Emergency Aid to the Elderly, Disabled, and Children; School Breakfast Program; public housing; Transitional Aide to Families with Dependent Children; Veterans’ Service Benefits established in Chapter 115; Veterans Dependency and Indemnity Compensation Surviving Parent or Spouse; Veterans Non-Service Disability Pension; Low Income Home Energy Assistance Program or other fuel assistance; or proof that the residential low-income customer lives in or is a business entity located in a Census block group where the median household income is at or below 200 percent of the U.S. Federal Poverty Guidelines or 80 percent of the area median gross income published by the United States Census Bureau, whichever is greater; by living in or owning a low-income multi-unit building, including those that are master-metered; or proof of income of the account holder including pay stubs or form W-2; or any verification method authorized by the U.S. Department of the Treasury for the qualified low-income economic benefit project Investment Tax Credit adder under United States Public Law 117-169 Section 13103(2)(C);
(ii) prohibit credit checks as a means of establishing eligibility for residential customers to become a subscriber;
(iii) prohibit the use of early termination and exit fees for residential customers;
(iv) require distribution companies generating an alternative form of on-bill credits as approved by the department of public utilities from distributed solar generation facilities to accept and implement no less frequently than once per month any changes to the identities of designated recipients and amount of credits to be attributed to such recipients, as provided by the owner of the solar distributed generation facility; and
(v) exempt low-income multi-unit building owners from bill credit maximums and subscriber count minimums for the host project.
SECTION 2. The department of public utilities shall promulgate regulations to implement this act within 180 days of its effective date.
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An Act supporting municipal light plants
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S2095
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SD352
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:12:27.65'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:12:27.65'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:57:36.5933333'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2095) of Cynthia Stone Creem for legislation to support municipal light plants. Telecommunications, Utilities and Energy.
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Section 6 of Chapter 25A of the General Laws, as amended by chapter 8 of the acts of 2021, is hereby amended by striking out, in clause (14), the words “chapter 21N” and inserting in place thereof the following:-
“chapter 21N; and
(15) assist municipal lighting plants in their efforts to reduce greenhouse gas emissions by facilitating collaboration between municipal lighting plants and other state, local, regional, and federal agencies, and by providing municipal lighting plants with: (i) training; (ii) analysis tools to determine which greenhouse gas emission reduction and electrification programs and strategies to prioritize; (iii) information on state programs in which they are eligible to participate; and (iv) sample designs and materials for greenhouse gas emission reduction and electrification programs; provided, that any training, analysis, information, or assistance provided to municipal lighting plants under this section shall promote compliance with the commonwealth’s statewide greenhouse gas emission limits and sublimits established pursuant to chapter 21N”.
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An Act relative to Massachusetts' carbon dioxide removal leadership
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S2096
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SD371
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:52:21.113'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:52:21.1133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T14:55:41.6533333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:57:27.0166667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-05-10T15:43:58.2866667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T11:32:54.88'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-06-08T11:59:12.3733333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-09-11T14:13:26.4833333'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2096) of Cynthia Stone Creem and James B. Eldridge for legislation relative to Massachusetts' carbon dioxide removal leadership. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 23J of the General Laws, as amended by chapter 179 of the acts of 2022, is hereby amended by inserting the following section:-
Section 16. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Advance market commitment” means the purchase in advance of carbon dioxide removal.
"Annual removal target" means the minimum total volume of carbon dioxide removal, expressed in metric tons of carbon dioxide equivalent, for which the Authority will made advance market commitment and solicit bids in a given year, such amount to be increased by the portion of the annual removal target not met in the prior year.
“Center” means the Massachusetts clean energy center established in chapter 23J of the General Laws.
"Qualifying bid" means a bid fulfilling the requirements of subsection (d) of this section.
"Bid price" means the total price the bidder is willing to be paid in a given bid for providing carbon dioxide removal.
"Bidder" means a person, entity or entities qualified to submit a bid pursuant to the requirements set forth in subsection (d) of this section.
"Carbon dioxide equivalent'', the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change.
"Carbon dioxide removal" means removing greenhouse gas, measured in carbon dioxide equivalent emissions, from the atmosphere, and durably storing it in geological, terrestrial, or ocean reservoirs, or in long-lived products for a minimum period of 100 years.
"Carbon dioxide removal process" means the physical process by which greenhouse gases are removed from the atmosphere and durably sequestered or stored.
"Carbon dioxide removal project" means a specific project that delivers the carbon dioxide removal described in a given bid.
“Director of environmental justice” means the director of environmental justice in the executive office of energy and environmental affairs.
"Disadvantaged communities" means communities identified by the center that bear disproportionate burdens from environmental pollution and from the impacts of climate change, and which are comprised of high concentrations of low- and moderate-income households.
"Durability" or "durable" means the secure sequestration of carbon dioxide equivalent in the geosphere, in the ocean, in long-lived products, or otherwise, measured as a unit of time.
“Environmental justice and community engagement report” means a form developed by the director of environmental justice and completed by the bidder that documents evidence that residents of disadvantaged communities have been consulted and afforded the opportunity to provide comment and suggestions concerning the proposed project. All reports submitted by bidders must be reviewed and approved by the director of environmental justice as a condition of selection. The report shall include a description and quantification, where possible, of the proposed carbon dioxide removal project’s effects on: (i) equity and environmental justice, including health and quality of life; (ii) the local ecosystem, including soil health, biodiversity, and water and air quality; and (iii) job creation and economic development.
"Greenhouse gas'', any chemical or physical substance that is emitted into the air and that the department of environmental protection may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluorid
"Life-cycle analysis" means a complete, end-to-end analysis of the greenhouse gas emissions resulting from a carbon dioxide removal process, including, but not limited to, manufacturing, transportation, utilization, sequestration and other processes occurring prior to, during, or after, the carbon dioxide removal process which are required to achieve carbon dioxide removal.
"Measurement, reporting and verification" means the verified measurement and reporting of carbon dioxide removal using an objective, peer-reviewed and scientifically supported accounting methodology and taking into account regionally appropriate sampling and data collection methods to quantify emissions and removals associated with the carbon dioxide removal process and durability of removal instead of solely model-based or statistical methods.
"Reverse auction" means a bidding process in which qualified bidders submit bids to remove and durably store a specified quantity of carbon dioxide equivalent emissions in exchange for payment by the state.
"Social cost" means a measure, in dollars, of the long-term damage done by a ton of carbon dioxide equivalent emissions in a given year.
"Ton" means a metric ton of one thousand kilograms.
"Total annual bid" means the total volume of carbon dioxide removal for which qualifying bids were submitted in a given year.
(b) Prior to the initiation of the reverse auction for the commonwealth’s advance market commitment for carbon dioxide removal services, the center shall publish a survey of carbon dioxide removal opportunities within the commonwealth. Such survey shall include, but shall not be limited to: (i) data gathered by the center pursuant to carbon dioxide removal verification as required by subsection (f) of this section; (ii) a review of carbon dioxide removal processes in the commonwealth with 100,000 metric tons or greater scale potential this decade and 100-year or greater durability, with a description for each of water and land-use requirements, life-cycle analysis and energy requirements, potential harms and potential co-benefits, including job creation or loss, industrial development, ecosystem sustainability, and advancement or degradation of environmental equity or social justice. Following the publication of the survey, the center shall conduct regional direct engagement with members of disadvantaged communities throughout the commonwealth in order for the center to provide information concerning the objectives, and intended benefits and outcomes of the carbon dioxide removal pilot program and enable members of the public to provide comment and suggestions related to the carbon dioxide removal pilot program's design, implementation and shared community benefits.
(c) Beginning in 2024, the center shall conduct an annual reverse auction for the commonwealth’s advance market commitment. The center shall initiate the reverse auction on April 1 and close the reverse auction on June 30 in each year during which a reverse auction is held. The center shall conduct the reverse auction subject to the following requirements:
(1) the center shall select qualifying bids, based on the criteria outlined in subsection (e) of this section, sufficient to meet the annual removal target; provided, that if the total annual bid is less than the annual removal target, the center shall increase the annual removal target in the subsequent year by the difference between the annual removal target and the total annual bid; and
(2) at least 30 percent of the annual carbon removal target shall be met by carbon dioxide removal projects that each deliver a maximum removal volume that does not exceed 10 percent of the annual removal target, unless the center does not receive an adequate number of qualifying bids proposing such projects;
(3) at least 25 percent of the annual removal target shall be met by carbon dioxide removal projects that have a minimum durability of 1,000 years; at least 50 percent of the annual removal target shall be met by carbon dioxide removal projects that have a minimum durability of 250 years; and 100 percent of the annual removal target shall be met by carbon dioxide removal projects that have a minimum durability of 100 years; provided, that if the center does not receive sufficient qualifying bids proposing carbon dioxide removal projects with 1,000- or 250-year durability to meet the requirements of this paragraph, it may modify the requirements for projects with 1,000- or 250-year durability;
(4) selected carbon dioxide removal projects will be compensated for carbon dioxide removal provided over a maximum contract term of 10 years; payment shall be made on an annual basis and contingent upon successful, complete and verified removal of the agreed upon carbon dioxide from the atmosphere;
(5) the maximum average price per ton of carbon dioxide removal shall be 350 dollars in 2024, and shall decrease by at least 5 percent each year, adjusted for inflation; the center shall not accept qualifying bids causing the average price per ton of carbon dioxide removal to exceed the maximum average price per ton for the year;
(6) during the authorized 5-year term of the pilot program, the center will make an advance market commitment to purchase carbon dioxide removal in the following quantities: (i) 10,000 tons of carbon dioxide equivalent emissions in 2024; (ii) 20,000 tons of carbon dioxide equivalent emissions in 2025; (iii) 30,000 tons of carbon dioxide equivalent emissions in 2026; (iv) 40,000 tons of carbon dioxide equivalent emissions in 2027; and (v) 50,000 tons of carbon dioxide equivalent emissions in 2028;
(7) the center shall publicly announce the winning bids, publicly release the winning bidders' proposals and scorecards, and contract with the winning bidders no later than September 30 of each year in which reverse auction is held.
(d) (i) Each bid submitted to the center shall contain the following information: (1) the legal name, address, contact information and history of prior participation in the carbon dioxide removal reverse auction, or other public or private-market purchases of carbon removal services, for each entity or person submitting a bid; (2) the total volume of carbon dioxide removal to be achieved pursuant to the bid; (3) when carbon dioxide removal will commence, and the delivery term the proposed carbon dioxide removal project; (4) a description of the carbon dioxide removal process and the carbon dioxide removal project; (5) a full life-cycle analysis of the proposed carbon dioxide removal project, which demonstrates that the project will remove carbon dioxide from the atmosphere and store it securely and durably in at least the quantity and for at least the period committed to in the bid; (6) the and area and water volume which would be required by the proposed carbon dioxide removal project; (7) a completed environmental justice and community engagement report (8) a declaration that the carbon dioxide removal project will not cause adverse impacts to the environment or disadvantaged communities; (9) a description of the measurement, reporting and verification the bidder will employ for the carbon dioxide removal project, from an independent third-party deemed acceptable by the center that verifies all requirements of this section; (10) a legally binding attestation by each bidder that the information provided is accurate and that all requirements of this section are met; and (11) any additional information the center reasonably requests to assess the bid.
(ii) All carbon dioxide removal and material operations of each proposed carbon dioxide removal project submitted by bidders must be located within the commonwealth or waters within fifty nautical miles of the commonwealth.
(iii) Carbon dioxide removal project proposals shall not incorporate enhanced oil recovery or otherwise facilitate the extraction, refinement or delivery of fossil fuel energy sources including petroleum, natural gas and coal, or which serve to perpetuate fossil fuel use in any sector of the economy in the commonwealth, the United States or globally.
(iv) The carbon dioxide removal project for which the bid is submitted shall be unique to this transaction and additional to any prior or otherwise existing or planned carbon dioxide removal, may not be used as part of any other private or public transaction for carbon dioxide removal, and shall create new and additional climate benefit, and not take credit for climate benefit that would occur in a no-intervention scenario.
(v) Carbon dioxide removal project proposals shall demonstrate the ability to commence carbon dioxide removal no later than 2 years following the entering into contract with the center.
(vi) Methods of carbon dioxide removal may include, but are not limited to: (1) terrestrial mineralization or enhanced rock weathering; (2) terrestrial biomass-based pathways such as biochar; (3) ocean-based pathways including electro-chemical alkalinity enhancement, marine permaculture, deep-ocean sequestration of biomass, and coastal enhanced weathering; (4) construction materials and products, the production of which directly contribute to the sequestration of carbon dioxide or other greenhouse gases, including mass timber; and (5) direct air capture with durable geologic sequestration, or durable sequestration in the built environment including in concrete.
(e) The center shall create a scorecard to evaluate the bids received based on the following factors: (i) the price per ton of carbon dioxide removed; (ii) the extent to which the project will promote equity or environmental justice within the commonwealth, including by generating economic benefits to one or more disadvantaged communities (iii) the conservation efficiency of the project in its use of water, land, and energy resources, with explicit preference for projects with low water, land, and energy requirements and projects that exclusively employ renewable energy; (iv) the number of jobs created by the project in the commonwealth; (v) whether the project will employ at least one bona fide labor organization that is actively engaged in representing employees providing necessary operations and maintenance services for the project; (vi) whether and to what extent the project will involve the purchase of equipment and supplies from businesses located in the commonwealth; (vii) whether the project will generate significant agricultural, ecological, or ecosystem co-benefits or harms; (viii) the scale potential of the carbon dioxide removal process; (ix) the durability of the proposed carbon dioxide removal process; and (x) the delivery term for the proposed project, with a preference for carbon dioxide removal that is delivered more quickly.
(f) The center shall require each winning bidder to provide periodic verification from an independent third party deemed satisfactory by the center that the volume of carbon dioxide removed from the atmosphere and stored meets or exceeds the amount described in the bid and that there has been no carbon dioxide equivalent leakage and no reduction in carbon dioxide removal durability.
A winning bidder, its successors, assigns, and transferees of responsibilities, liabilities, rights or economic benefits of the carbon dioxide removal, shall be liable for the social cost, as determined by the center, of any carbon dioxide equivalent leakage or reduction in carbon dioxide removal durability.
During the project contract period, carbon dioxide removal projects may be subject to audit and review by the director of environmental justice to determine whether the winning bidder is fulfilling and complying with all terms and stipulations in the environmental justice and community engagement report approved by the director of environmental justice.
Upon a failure by the winning bidder to provide the verification required by the center or to fulfill or comply with all terms and stipulations in the environmental justice and community engagement report approved by the director of environmental justice, the center may take action to penalize the winning bidder, including, but not limited to: (i) termination of the contract; (ii) levying fines or penalties against the bidder to recoup funds paid pursuant to the bid; or (iii) rejection of future bids by the bidder.
(g) Nothing in this section shall relieve any person, entity, or public agency of compliance with other applicable federal, state, or local laws or regulations, including state air and water quality requirements, and other requirements for protecting public health or the environment.
(h) If any word, phrase, clause, sentence, paragraph, section, or part of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the word, phrase, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
(i) Funding for the administration of this section and for the authorized five-year reverse auction period, beginning in 2024 and ending in 2028, shall be derived entirely from state revenues that have been accrued in preceding tax years from certain reinstated taxes on sales of aircraft or sales of repair or replacement parts exclusively for use in aircraft or in the significant overhauling or rebuilding of aircraft or aircraft parts or components on a factory basis.
(j) The center shall promulgate regulations for the administration and enforcement of this section.
SECTION 2. Section 6 of said Chapter 64H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsections (uu) and (vv).
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An Act promoting resilience against the heat-related impacts of climate change
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S2097
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SD560
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T11:25:32.92'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T11:25:32.92'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:57:19.06'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2097) of Cynthia Stone Creem for legislation to promote resilience against the heat-related impacts of climate change. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after section 24B the following new section:-
Section 24C.
(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Department”, the department of housing and community development.
“ENERGY STAR”, the federal government program that sets energy efficiency standards for appliances including air-conditioning units.
“Program”, the low-income cooling assistance program established in this section.
“Vulnerable person”, an individual who (i) is over the age of 65; (ii) is under the age of five; or (iii) has a medical condition that increases the individual’s risk of heat-related illness including, but not limited to, cardiovascular disease, obesity, and diabetes.
(b) The undersecretary shall operate a low-income cooling assistance program in accordance with the Low-Income Home Energy Assistance Act, 42 United States Code sections 8621 through 8630, to cover the cost of an eligible household purchasing and installing an air-conditioning unit or box fan. To be eligible for the program, a household shall meet the following conditions: (i) household income does not exceed 60 percent of state median income; (ii) one or more vulnerable persons is part of the household; (iii) no operable air-conditioner is owned or available to the household; and (iv) the applicant is the homeowner or the applicant provides a written statement from the landlord allowing the installation of a window air-conditioning unit; provided, that no such written statement shall be required for a box fan.
(c) The undersecretary shall administer the program in partnership with councils on aging, community action agencies, federally qualified health centers, community development corporations, local housing authorities, and other agencies and service providers who assist the department in administering the Low-Income Home Energy Assistance Program.
(d) The air-conditioning units provided by the program shall be ENERGY STAR-certified or have efficiency standards equal to or greater than ENERGY STAR-certified air-conditioning units. The undersecretary shall coordinate with the administrators of the Mass Save energy efficiency program established pursuant to section 21 of chapter 25 to ensure that program participants receive Mass Save rebates for their air-conditioning units, when eligible.
(e) The assistance provided to a household for the purchase and installation of a box fan shall not exceed a maximum benefit of $75, and the assistance provided to a household for the purchase and installation of an air-conditioning unit shall not exceed a maximum benefit of $500; provided, that the department shall review these maximum benefits every year and may increase them if it determines that doing so is necessary to cover the costs of purchasing and installing a box fan or an air-conditioning unit that meets the requirements of subsection (c).
(f) If a household has previously received an air-conditioning unit or box fan through the program, the household is only eligible to receive another air-conditioning unit or box fan through the program if: (i) the air-conditioning unit or box fan previously received through the program is inoperable and the unit had no warranty or the warranty is expired; or (ii) the air-conditioning unit or box fan previously received through the program was stolen and the household can provide a copy of a filed police report of the theft. A household that has been found to have sold or attempted to sell an air-conditioning unit or box fan provided through the program shall be ineligible to receive further assistance through the program.
(g) Each fiscal year, the department shall dedicate at least 5 percent of the funds allocated for the purposes of the Low Income Home Energy Assistance Program to the program established in this section.
(h) The undersecretary shall submit an annual report to the joint committee on housing and the house and senate committees on ways and means summarizing the activities of the program, including, but not limited to, the number of applicants for the program, the number of accepted applications, a list of participating retailers, a list of entities that assist the department in administering the program, the total number of air-conditioning units and box fans distributed under the program, and the costs of the program.
(i) The undersecretary shall advertise the program on the department’s website and shall annually promote awareness of the program by sending a letter describing the program to current households participating in the Low-Income Home Energy Assistance Program and by collaborating with the agencies and service providers who assist the department in administering the Low-Income Home Energy Assistance Program.
(j) The department may promulgate regulations for the administration and enforcement of this section.
SECTION 2. Section 124F of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “building” the following:
“. No gas or electric company shall shut off gas or electric utility service to any residential customer who cannot pay an overdue charge because of financial hardship, when such gas or electric service is used to provide space cooling or to control or operate the space cooling equipment of the customer's unit or building, on: (1) any day when the National Weather Service forecast for the following 48 hours covering the area of the gas or electric company in which the residence is located includes a forecast that the heat index will be 95 degrees Fahrenheit or above; or (2) on any day preceding a holiday or weekend when the National Weather Service forecast covering the area of the gas or electric company in which the residence is located includes a forecast that the heat index will be 95 degrees Fahrenheit or above at any time during the holiday or weekend”
SECTION 3. The department of public health, in consultation with the department of housing and community development, shall conduct a study of whether and how to amend the state sanitary code promulgated pursuant to section 127A of chapter 111 to incorporate maximum temperature requirements for habitable rooms and rooms containing a toilet, shower or bathtub. The study shall consider the costs and benefits of such an amendment, including the effect it would have on public health, environmental justice, housing affordability, and resilience against the current and future impacts of climate change. By no later than December 31, 2024, the department of public health shall submit a report containing its findings and recommendations to the clerks of the senate and the house of representatives, the chairs of the joint committee on public health, and the chairs of the joint committee on housing.
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An Act relative to the purchase of zero-emission vehicles in green communities
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S2098
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SD596
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T13:06:42.307'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T13:06:42.3066667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:57:10.1833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2098/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2098) of Cynthia Stone Creem for legislation relative to the purchase of zero-emission vehicles in green communities. Telecommunications, Utilities and Energy.
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Section 10 of Chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in subsection (c), by striking out the words “(5) purchase only fuel-efficient vehicles for municipal use whenever such vehicles are commercially available and practicable” and inserting in place thereof the following:-
“(5) purchase only zero-emission vehicles, as defined in section 16 of said chapter 25A, for municipal use whenever such vehicles are commercially available and practicable; provided, that when such zero-emission vehicles are not commercially available or not practicable, a municipality or other local governmental body shall purchase only fuel-efficient vehicles for municipal use whenever such vehicles are commercially available and practicable”.
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An Act promoting access to zero-emission school buses
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S2099
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SD647
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T15:37:21.967'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T15:37:21.9666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T17:12:33.4233333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:56:57.9333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T10:45:08.7166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2099/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2099) of Cynthia Stone Creem and Lindsay N. Sabadosa for legislation to promote access to zero-emission school buses. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 448 of the acts of 2016 is hereby amended by inserting after section 6 the following section:-
SECTION 6A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Commissioner”, the commissioner of the department of energy resources.
“Department”, the department of energy resources.
“Zero-emission school bus”, a school bus that produces no engine exhaust carbon emissions.
(b) The department, in conjunction with the Massachusetts clean energy technology center, shall establish a program to offset the cost difference between purchasing or contracting the use of school buses that are zero-emission and purchasing or contracting the use of school buses that are powered by diesel or other fossil fuels. In calculating the cost difference, the department may include the cost of purchasing and installing zero-emission school bus charging stations and related infrastructure.
(c) The department may promulgate regulations to administer the program established under this section. The department shall publish information about the zero-emission school bus grant program on its website, including without limitation application forms and submission deadlines. The department shall update this information annually, not later than December 1, and shall notify the department of elementary and secondary education, the senate and house committees on ways and means, the joint committee on education, the joint committee on telecommunications, utilities and energy and the joint committee on transportation of the update. At least once per calendar year, the department shall provide outreach about the zero-emission school bus grant program established under this section to municipalities and regional school districts where the median household income is below the commonwealth’s median or where the 5-year average rate of emergency department visits for childhood (ages 5-14 years) asthmas is greater than the commonwealth’s 5-year average rate.
(d) The commissioner shall publish and regularly update data regarding program usage including, but not limited to: (i) the number and amount of grants provided; (ii) the make, model and type of school bus for which the rebate was issued; (iii) the municipality or regional school district in which the school bus operates; (iv) the school bus operational route or routes, if available; and (v) the estimated total greenhouse gas emissions reductions achieved from the grants issued.
(e) When awarding grants under this section, the department shall prioritize municipalities and regional school districts where the median household income is below the commonwealth’s median or where the 5-year average rate of emergency department visits for childhood (ages 5-14 years) asthmas is greater than the commonwealth’s 5-year average rate.
SECTION 2. The operational services division, in conjunction with the department of energy resources and the Massachusetts clean energy technology center, shall establish a statewide contract through which municipalities and regional school districts can purchase or lease zero-emission school buses.
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Text of the proposed Joint Rules adopted by the Senate, as the Joint Rules governing the 2023-2024 legislative session
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S21
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-02-10T12:52:18.863'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-02-10T12:52:18.8633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S21/DocumentHistoryActions
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Amendment
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Senate, February 9, 2023 -- Text of the Senate amendment (Senator Lovely) to the proposed House Order for the adoption of permanent Joint Rules for the 193rd General Court governing the 2023-2024 legislative session (House, No. 2025).
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An Act expanding licensure opportunity for school counselors
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S210
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SD876
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-12T14:54:25.993'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-12T14:54:25.9933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T11:41:41.0933333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-27T09:57:39.1066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S210/DocumentHistoryActions
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 210) of Pavel M. Payano for legislation to expand licensure opportunity for school counselors. Consumer Protection and Professional Licensure.
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SECTION 1. The first paragraph of section 165 of chapter 112 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
(3) demonstrates to the board, the successful completion of a masters degree in a relevant field from an educational institution licensed by the state in which it is located and meets national standards for granting of a masters degree with a subspecialization in marriage and family therapy, rehabilitation counseling, counseling, or a relevant subspecialization approved by the board; provided, however, that all relevant graduate coursework credits, as determined by the board, that an individual earns that count towards the credit requirement for professional licensure as a school counselor by the department of elementary and secondary education shall be applied towards this educational requirement for applicants seeking licensure as a mental health counselor, including credits earned in a graduate program that is less than 60 credits. To be eligible for licensure, an applicant must have 2 additional years of supervised clinical experience in the relevant field in: (i) either a clinic or hospital licensed by the department of mental health or accredited by the Joint Commission on Accreditation of Hospitals or in an equivalent center or institute; (ii) in a school setting as a school counselor licensed by the department of elementary and secondary education; or (iii) under the direction of a supervisor approved by the board. For purposes of this clause, “Supervision” shall be defined as no less than 200 hours of supervised clinical experience, including experience as a school counselor licensed by the department of elementary and secondary education, at least 100 hours of which shall consist of individual supervision with a clinician who has expertise in marriage and family therapy, rehabilitation counseling, school counseling, educational psychology, or counseling and who holds a masters degree in social work, marriage and family therapy, rehabilitation counseling, educational psychology, counseling or an equivalent field or holds a doctorate degree in psychology, or a medical degree with a subspecialization in psychiatry; provided, however, that experience as a school counselor shall only apply towards the supervised experience requirement for applicants who are seeking licensure as a mental health counselor;
SECTION 2. Said section 165 of said chapter 112, as so appearing, is hereby further amended by inserting after the word “section”, in line 30, the following words:- provided, however, that a school counselor shall be qualified to sit for the written or oral examination for licensure as a mental health counselor.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act relative to electric utility climate resilience and microgrids
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S2100
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SD786
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T11:49:37.75'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T11:49:37.75'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-30T11:36:56.55'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-10T10:36:40.0466667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:56:40.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2100/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2100) of Cynthia Stone Creem for legislation relative to electric utility climate resilience and microgrids. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 25 of the General Laws is hereby amended by inserting after Section 23 the following section:
Section 24. (a) The department of public utilities shall require electric distribution and transmission companies to prepare and file a climate vulnerability and resilience plan by December 31, 2024, and at least once every 5 years thereafter based on best available data. Climate vulnerability and resilience plans shall both identify existing vulnerabilities in the system that must be adapted to climate change-induced threats as well as plan proactively for future climate conditions to ensure the system can absorb and withstand impacts. Climate vulnerability and resilience plans shall prioritize, to the maximum extent practicable, adaptation measures that: (i) promote the preservation, protection, restoration, and enhancement of the commonwealth’s natural infrastructure through nature-based solutions, as defined in section 1 of chapter 21N; and (ii) account for the existing natural, built and economic characteristics of the commonwealth’s most vulnerable areas and human populations. Adaptation measures that include the use of hard-engineered, hardscape, or gray infrastructure features shall be supported by evidence that the measures will not cause or exacerbate negative environmental impacts and that alternative green or green and gray hybrid solutions are not feasible.
(b) Climate vulnerability and resilience plans shall include, at a minimum: (i) an evaluation of the climate science and projected extreme weather and other climate-related risks for the service territory including changes in temperature extremes, humidity, precipitation, sea level rise, and extreme storms; (ii) an evaluation and risk assessment of potential impacts of climate change on existing operation, planning, and physical assets, including any design and construction standards or maintenance and operations practices that require changes to address current and future climate conditions as it relates to reliability and resilience of the grid; (iii) an evaluation of the vulnerability of existing infrastructure based on location and whether and when certain facilities may require retrofitting or relocation; (iv) identification and prioritization of adaptation options to increase asset and system-wide resilience over time; (v) an evaluation of costs and benefits against a range of possible future scenarios and adaptation options; and (vi) an implementation timeline, including benchmarks over time, for making changes in line with the findings of the study such as modifying design and construction standards, modifying operations and planning processes, and upgrades to existing infrastructure to ensure reliability and resilience of the grid.
(c) Climate vulnerability and resilience plans shall be prepared in collaboration with communities most impacted by the effects of climate change within the company’s service area, including environmental justice populations, as defined in section 30 of chapter 62, and shall include a community engagement plan that includes, at a minimum: (i) identification and description of any environmental justice populations in the service area, and any community based environmental justice organizations in the service area; (ii) outreach goals and targets, including at least two public meetings planned in collaboration with representatives from identified environmental justice populations and community based organizations; (iii) assessment of past engagement goals shortfalls or deficiencies; and (iv) updates and remedies to ensure shortfalls or deficiencies are not repeated.
(d) The department of public utilities shall require, in any ratemaking proceeding pursuant to sections 76, 93, and 94 of chapter 164, that electric companies identify in priority order the climate risks to its facilities that will arise over the projected useful life of such facilities or thirty years, whichever is greater, in accordance with climate vulnerability and resilience plans as required by subsection (a). The companies shall present evidence documenting their evaluation of climate risks and measures addressing such climate risks based on the best available climate science, data and other evidence in the record before the agency and shall identify how their operating and capital budgets address such climate risks. The companies shall also: (i) consider and present evidence addressing likely climate change risks scenarios for its utility infrastructure in relation to the infrastructure’s criticality and risk tolerance; and (ii) disclose in all design engineering, architectural, or other drawings and analyses the climate assumptions used in evaluating and addressing climate risks.
(e) In adjudicating ratemaking proceedings pursuant to sections 76, 93, and 94 of chapter 164, the department of public utilities shall determine whether the applicant’s costs proposed or incurred for capital investment projects include consideration and minimization of climate risks for the useful life of the proposed investment or 30 years, whichever is greater. In considering climate risks, the department of public utilities shall consult the most recent climate vulnerability and resilience plan on file for the applicant and projected climate change risk based on best available data. The department of public utilities may take into consideration whether the applicant has made progress in implementing its climate vulnerability and resilience plan and whether the applicant’s costs proposed or incurred for capital investment projects are consistent with the plan. The department of public utilities shall conclude in writing that the applicant’s costs are appropriate based on the risk tolerance of the project or facility. Any electric company failing to file its climate vulnerability and resilience plan may be fined $500 for each day during which such failure continues. The fines levied by the department shall be returned to ratepayers through distribution rates.
(f) The department of public utilities shall promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of this section.
SECTION 2. Subsection (a) of section 85B of chapter 164 of the General Laws is hereby amended by striking out paragraphs (7) and (8) and inserting in place thereof the following:
(7) identification of additional supplies and equipment needed during an emergency and the means of obtaining additional supplies and equipment;
(8) designation of a call center in the commonwealth for service assistance for the duration of an emergency or until full service is restored, whichever occurs first. The call center shall be staffed continuously for the duration of the emergency and to ensure sufficient staffing levels to handle all customer calls; and
(9) a description of how the company is implementing its climate vulnerability and resilience plan in its response to emergency events and in its efforts to minimize the effects of extreme weather on the company’s infrastructure and operations, including disruptions to service.
SECTION 3. Chapter 164 of the General Laws is hereby amended by inserting after section 1K the following section:
Section 1L. For the purposes of climate resiliency and mitigation, reliability, and encouragement of installation of distributed electricity generation and storage capacity, no right to exclusive service or franchise established within Section 1B or elsewhere in this chapter shall prevent a municipality, or agencies of the commonwealth or private electric customers in coordination with a municipality, within an electric or gas company’s service territory, from: (a) establishing an energy microgrid or district energy system; (b) sharing electric generation or storage resources among facilities that are contiguous and owned by the same utility customer, irrespective of the number of electric meters installed at such facilities; or (c) using public rights of way to conduct electrical conduit or other energy resources point to point where the municipality deems there is benefit from sharing energy resources.
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An Act authorizing municipalities to impose a methane emissions surcharge and authorize non-pipeline alternatives
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S2101
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SD795
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T13:33:51.557'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-18T13:33:51.5566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2101/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2101) of Cynthia Stone Creem for legislation to authorize municipalities to impose a methane emissions surcharge and authorize non-pipeline alternatives. Telecommunications, Utilities and Energy.
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SECTION 1. (a) Notwithstanding the provisions of section 53 of chapter 44 of the General Laws, or any other general or special law to the contrary, a city or town that accepts the provisions of this section pursuant to section 4 of chapter 4 of the General Laws shall establish a separate account to be known as the Emissions Reduction Fund of which the municipal treasurer shall be the custodian. The authority to approve expenditures from the fund shall be limited to the legislative body and the municipal treasurer shall pay such expenses in accordance with chapter 41 of the General Laws.
The following monies shall be deposited in the Emissions Reduction Fund: (i) all funds collected pursuant to local surcharges or bond proceeds in anticipation of revenue from such surcharges; (ii) all funds received from the commonwealth or any other source for such purposes; and (iii) proceeds from the disposition of a real property interest that was acquired with funds from the Emissions Reduction Fund. The treasurer may deposit or invest the proceeds of the fund in savings banks, trust companies incorporated under the laws of the commonwealth, banking companies incorporated under the laws of the commonwealth that are members of the Federal Deposit Insurance Corporation, or national banks, or may invest the proceeds in paid up shares and accounts of and in co-operative banks or in shares of savings and loan associations or in shares of federal savings and loan associations doing business in the commonwealth or in the manner authorized by section 54 of chapter 44 of the General Laws, and any income therefrom shall be credited to the fund.
(b) Municipal boards and commissions shall, from time to time, make recommendations to the legislative body of the municipality to fund programs or activities to promote emissions reductions. The boards and commissions may include in their recommendations to the legislative body of the municipality a recommendation to set aside for later spending funds for specific purposes that are consistent with emissions reduction but for which sufficient revenues are not then available in the Emissions Reduction Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with emissions reduction.
(c) After receiving such recommendations from municipal boards and commissions, the legislative body of the municipality may then take such action and approve such appropriations from the Emissions Reduction Fund established pursuant to subsection (a) in an amount not to exceed the amounts recommended; provided, however, that nothing herein shall be deemed to constrain the legislative body of the municipality from appropriating such additional amounts as it deems appropriate to carry out the recommendations from a source other than the Emissions Reduction Fund.
(d) A real property interest that is purchased with monies from the Emissions Reduction Fund shall be bound by a permanent deed restriction that meets the requirements of chapter 184 of the General Laws, limiting the use of the property to the purpose for which it was acquired. The deed restriction shall run with the land and shall be enforceable by the municipality. The deed restriction may also run to the benefit of a nonprofit, charitable corporation or foundation selected by the municipality with the right to enforce the restriction.
(e) Real property interests acquired under this section shall be owned and managed by the municipality, but the legislative body of the municipality may delegate management of such property to any other municipal board or commission, as it may deem appropriate. The legislative body of the municipality may also delegate management of such property to a nonprofit organization created under chapter 180 or chapter 203 of the General Laws.
(f) The municipal treasurer shall keep a full and accurate account of all appropriations or expenditures made from the Emissions Reduction Fund. The municipal treasurer shall also keep records of any real property interests acquired, disposed of, or improved by the municipality, including the names and addresses of the grantors or grantees and the nature and amount of the consideration paid. The records and accounts shall be public records.
(g) Funds in the Emissions Reduction Fund may be made available and used by the municipality as the local share for state or federal grants upon approval by the legislative body of the municipality.
(h) The Emissions Reduction Fund shall have a limit of $15,000,000 in inflation-adjusted 2022 dollars, for unallocated funds. If at the end of any fiscal year there are more dollars in the fund than the limit, excluding: (1) any portion of funds already allocated by the legislative body of the municipality; (2) any portion of funds deposited within that fiscal year; and (3) any portion of funds provided by the commonwealth rather than from local revenue, such excess shall be transferred to the municipality’s free cash. The legislative body of the municipality may modify the limit.
(i) At any point more than 5 years after its establishment, the legislative body of the municipality may choose to terminate the Emissions Reduction Fund. If terminating the Emissions Reduction Fund, the legislative body of the municipality may transfer remaining funds to other funds or to free cash, and may choose whether to terminate individual programs generating revenue for the Fund or to redirect those programs to generate revenue for another purpose.
SECTION 2. (a) Notwithstanding the provisions of any general or special law to the contrary, a city or town that accepts the provisions of this section pursuant to section 4 of chapter 4 of the General Laws may impose a surcharge on the use of natural gas within the municipality. The surcharge shall apply to all properties in the municipality served by gas companies as defined in section 1 of chapter 164 of the General Laws. The surcharge shall be assessed and collected on gas bills for properties located in the municipality. The amount of such surcharge, to be determined by legislative body of the municipality, shall be no greater than 25 per cent of all charges for gas service on the customer’s bill.
(b) There shall be a complete exemption from the natural gas surcharge for qualifying residential customers who already receive a means-tested discounted rate from the utility, or for qualifying residential customers whose income in the immediately prior year was less than 200 per cent of the area median income, provided that the legislative body of the municipality may increase this percentage. For the purposes of this section, the term “area median income” shall mean the median family income for the Boston-Cambridge-Quincy area, adjusted for family size, as established by the United States Department of Housing and Urban Development. The exemption shall be applied to the primary residence of the taxpayer only.
(c) Customers shall qualify for the exemption if all the following criteria are met:
(i) the applicant or joint applicants’ prior year income would make the applicant or joint applicants eligible for the exemption; or the applicant or joint applicants receive gas service from the utility under a means-tested discounted rate; or the applicant or joint applicants are qualified participants in the Low Income Home Energy Assistance Program administered by the department of housing and community development;
(ii) the qualifying residential property is occupied by the applicant or joint applicants as their primary residence; and
(iii) applicants complete annual certification, meeting the stated criteria relative to income and residency.
(d) The legislative body of the municipality may wholly or partially exempt any set of gas utility customers from this surcharge, and a locally established Emissions Reduction Fund may wholly or partially reimburse any resident for a surcharge paid by their condominium association or landlord.
(e) Upon initial connection to gas service, and every April thereafter, the utility shall provide an application, the contents of which shall be created in consultation with and subject to the approval of either the municipal treasurer or the municipal assessor, to determine whether a customer qualifies for a total or partial exemption from the surcharge. A person who seeks to qualify for an exemption shall complete said application. Qualifying applicants shall be entitled to the exemption. The application shall be completed in each year for which the applicant seeks the exemption.
(f) The gas company shall collect all amounts received pursuant to the surcharge established in subsection (a) and maintain them in a segregated account. The gas company shall remit all funds collected under the surcharge no later than the 15th of the month following receipt of such amounts, to the Emissions Reduction Fund established by the municipality. Late payments of the surcharge shall be exempt from the calculation of any late payment charges otherwise authorized for utility bills. Annually, the gas company shall provide an audited report to the municipality of all collections and disbursements of funds made pursuant to this act.
SECTION 3. (a) Notwithstanding any general or special law to the contrary, a gas company as defined in section 1 of chapter 164 of the General Laws shall offer a program of financing for alternatives to the gas company’s distribution of natural gas to all gas customers in a city or town that accepts the provisions of this section pursuant to section 4 of chapter 4 of the General Laws. Such program shall include, but need not be limited to, financing for:
(i) the sale or lease, installation and servicing of ground source or air source heat pumps and other electric heating or cooling devices;
(ii) the sale or lease, installation and servicing of electric appliances to replace or supplement gas appliances, including but not limited to hot water heaters, dryers and ranges; and
(iii) the sale or lease, installation and servicing of renewable energy storage and generation equipment.
(b) The gas company shall offer on-bill financing for the non-pipeline alternatives provided for in subsection (a) and may also base all or portions of the financing costs for these investments if they serve to accelerate electrification.
(c) A gas company may, subject to all applicable local by-laws and regulations, engage in renewable energy generation and storage in the municipality.
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An Act to improve outdoor lighting, conserve energy, and increase dark-sky visibility
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S2102
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SD1219
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:10:00.553'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:10:00.5533333'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-23T12:23:32.98'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-23T12:23:32.98'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-27T13:43:01.58'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-01T10:10:13.9933333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-23T13:15:10.4066667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-27T10:21:41.1033333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-10T16:46:26.9066667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-29T16:49:48.8466667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:55:51.9166667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T17:25:48.9033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2102/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2102) of Cynthia Stone Creem, Edward J. Kennedy, Paul W. Mark, Joanne M. Comerford and other members of the Senate for legislation to promote energy efficient lighting, conserve energy, regulate outdoor night lighting, and reduce light pollution. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 85 of the General Laws is hereby amended by adding the following section:
Section 38. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Correlated color temperature” or “CCT”, the apparent hue of the light emitted by a fixture, expressed in kelvins (K).
“Façade lighting”, illumination of exterior surfaces of buildings for the enhancement of their nighttime appearance, achieved by shining light onto building surfaces, or by internal or external illumination of translucent building surfaces, or with fixtures solely for decorative function.
“Fixture”, a complete lighting unit, including a light source together with the parts designed to distribute the light, to position and protect the light source and connect the light source to the power supply.
“Fully shielded fixture”, a fixture that in its mounted position has an uplight value of U0 as defined by the Illuminating Engineering Society’s standards publication TM-15-20 (Luminaire Classification System for Outdoor Luminaires).
“Glare”, light emitted by a fixture that causes visual discomfort or reduced visibility.
“Illuminance”, the luminous power incident per unit area of a surface.
“Light trespass”, light that falls beyond the property it is intended to illuminate.
“Lumen”, a standard unit of measurement of the quantity of light emitted from a source of light.
“Municipal funds”, bond revenues or money appropriated or allocated by the governing body of a town or city within the commonwealth.
“Ornamental lighting”, a lighting fixture that has a historical or decorative appearance and that serves a decorative function in addition to serving to light a roadway, parking lot, walkway, plaza, or other area.
“Parking-lot lighting”, a permanent outdoor fixture specifically intended to illuminate an uncovered vehicle-parking area.
“Part-night service”, a rate charged by a utility company to provide unmetered electricity for permanent outdoor fixtures that operate for only a portion of each night’s dusk-to-dawn cycle.
“Permanent outdoor fixture”, a fixture for use in an exterior environment installed with mounting not intended for relocation.
“Roadway lighting”, a permanent outdoor fixture specifically intended to illuminate a public roadway.
“Sky glow”, scattered light in the atmosphere that is caused by light directed upward or sideways from fixtures, reducing an individual’s ability to view the natural night sky.
“State funds”, bond revenues or money appropriated or allocated by the general court.
“Uplight,” direct light emitted above a horizontal plane through the fixture’s lowest light-emitting part in its mounted position
(b) State or municipal funds must not be used to install or cause to be installed a new permanent outdoor fixture or to pay for the cost of operating a new permanent outdoor fixture, for the specific purposes listed below, unless the following conditions are met:
(i) Fixtures used for roadway lighting or parking-lot lighting, whether mounted to poles, buildings or other structures, must be fully shielded unless they are ornamental lighting fixtures, or are fixtures used to light tunnels or roadway underpasses;
(ii) Ornamental lighting fixtures must emit fewer than 500 lumens of uplight;
(iii) “Fixtures used for roadway lighting must not be more numerous than is necessary for adequate vehicular and pedestrian safety, as determined by the current lighting-needs criteria published by the Federal Highway Administration and the Illuminating Engineering Society;”
(iv) Building-mounted fixtures must be fully shielded unless they are façade lighting fixtures;
(v) Façade lighting fixtures must be selected and installed to direct the light onto the intended target, and must be shielded, so that glare, sky glow, and light trespass are minimized;
(vi) Fixtures used to light historic structures, flags, monuments, statuary and works of art must be selected and installed to direct the light onto the intended target, and must be shielded, so that glare, sky glow, and light trespass are minimized;
(vii) Fixtures used to light athletic playing areas must be selected and installed so as to minimize glare, light trespass and sky glow outside the athletic playing area;
(viii) Fixtures installed for any purpose must have a correlated color temperature that is not greater than 3000 K unless (1) an exemption up to 4000 K is granted, in which case a public safety need must be demonstrated; or (2) the fixtures are used exclusively for the decorative illumination through color of certain building façade or landscape features; or (3) the fixtures are used to illuminate athletic playing areas.
(ix) Lighting installed for any purpose should provide maintained illuminance levels equal to the minimum values recommended by the Illuminating Engineering Society for the intended application and may not exceed those recommended minimum values by more than 50 percent unless a demonstrated and verified need exists for higher levels to ensure safety or security.
(c) This section shall not apply: (i) if it is preempted by federal law; (ii) if the outdoor lighting fixture is used temporarily for emergency, repair, construction or similar activities; (iii) to navigational and other lighting systems necessary for aviation and nautical safety; (iv) if a compelling and bona fide safety or security need exists that cannot be addressed by another reasonable method; (v) to the replacement of a previously installed permanent outdoor fixture that is destroyed, damaged or inoperative, has experienced electrical failure due to failed components, or requires standard maintenance; (vi) to festoon lighting as defined in the NFPA 70 National Electrical Code, or (vii) to fixtures installed for any specific purpose that is not listed in (b) above.
(d) The department of energy resources, in consultation with the department of transportation, shall:
(i) develop and promulgate regulations to implement and enforce this section; provided, however, that if a municipal or county ordinance or regulation specifies lower illuminance levels, the illuminance level required for the intended purpose by the ordinance or regulation shall be used; and
(ii) develop and promulgate regulations to ensure that the use of state or municipal funds, including, but not limited to, operating costs for new permanent outdoor fixtures for roadway lighting or parking-lot lighting installed by electric distribution companies and municipal aggregators, comply with this section.
SECTION 2. The department of transportation shall review and issue a report on existing roadway lighting and lighting operational costs. The report shall include a review of standards and other criteria for roadway lighting and an analysis of lighting operational costs; a review of roadway lighting’s impact on human health, human safety, and environmental impact; actions taken by the department to comply with current standards; procedures and accepted best practices relative to roadway lighting; and a plan to reduce lighting operational costs through the replacement of existing high-wattage, unshielded fixtures with lower-wattage, fully shielded fixtures and the replacement of unnecessary roadway lighting with the installation of passive safety measures. The department shall issue its report to the department of energy resources and the clerks of senate and the house of representatives not later than January 1, 2024.
SECTION 3. The department of public utilities shall, subject to its ratemaking authority:
(a) develop a rate for part-night service that applies to dimmable and controls-operated fixtures used for unmetered roadway or parking-lot lighting.
(b) develop a rate for unmetered roadway or parking-lot lighting fixtures utilizing less than 25 watts of electricity.
SECTION 4. Sections 1 and 2 shall take effect on January 1, 2024.
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An Act relative to Mass Save assessments
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S2103
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SD1839
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T09:59:32.743'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T09:59:32.7433333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:55:39.6366667'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2103) of Cynthia Stone Creem for legislation relative to Mass Save assessments. Telecommunications, Utilities and Energy.
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SECTION 1. The administrators of the Mass Save program created pursuant to section 21 of chapter 25 shall offer, at no cost, a zero-carbon assessment, including a heat load calculation, to customers to identify measures that customers would need to take to operate their buildings without fossil fuels and to identify program rebates and incentives that are available to assist customers in implementing those measures. Measures identified in a zero-carbon assessment may include, but shall not be limited to: improving building shell insulation; air sealing; air duct sealing; improving air exchange and indoor air quality; upgraded windows, doors, and cladding systems; electric wiring upgrades; and replacing fossil fuel appliances and equipment with electric or otherwise non-combusting appliances and equipment. Customers who undergo a zero-carbon assessment shall be provided with a zero-carbon report that identifies, for each emissions-reduction measure identified in the assessment, additional benefits including, but not limited to: (a) improvements in comfort, safety, and health, including indoor air quality; (b) cost savings; and (c) any other information the program administrators determine to be necessary to include. The Massachusetts energy technology center shall develop the zero-carbon assessment and zero-carbon report in consultation with the program administrators and the energy efficiency advisory council. The commonwealth shall retain rights to the use of the zero-carbon assessment, the zero-carbon report, and any associated data and software, for use by Mass Save or any successor organization. The zero-carbon assessment shall be the standard assessment service available to all Mass Save customers.
SECTION 2. Section 21 of chapter 25 of the General Laws, as amended by chapter 179 of the Acts of 2022, is hereby amended, in clause (xiv) of paragraph (2) of subsection (b) by striking out “, delineated by utility and sector, including residential, residential low-income, commercial and industrial” and inserting in place thereof the following:-
"; provided, that the data collected pursuant to subclauses (A), (B), and (C) shall be delineated by utility and sector, including residential, residential low-income, commercial and industrial”
SECTION 3. Said section 21 of said chapter 25, as amended by chapter 179 of the Acts of 2022, is hereby further amended by inserting at the end thereof the following:-
"(g) The electric distribution companies, municipal aggregators with certified efficiency plans, and the natural gas distribution companies shall, by not later than March 31 of each year, provide to the department the data that they collected pursuant to clause (xiv) of paragraph (2) of subsection (b) of this section during the previous calendar year. The department shall publish said data on the website of the energy efficiency advisory council by not later than April 30 of each year."
SECTION 4. Section 1 shall take effect upon its passage and shall apply to energy efficiency plans beginning with the 2025 to 2027 plan.
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An Act to expand the Bottle Bill
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S2104
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SD2038
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T12:16:48.85'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T12:16:48.85'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T09:48:42.73'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-07T14:42:50.8033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-13T15:53:50.3233333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T13:13:50.0266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-12T10:55:23.3066667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-06-08T11:58:48.9466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-06-26T11:48:56.5233333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-06-27T11:38:17.3666667'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-07-05T09:58:37.47'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-07-20T17:01:45.17'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2104) of Cynthia Stone Creem, Sal N. DiDomenico, Jack Patrick Lewis, Joanne M. Comerford and others for legislation to expand the Bottle Bill. Telecommunications, Utilities and Energy.
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SECTION 1. Section 321 of Chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definitions of “Beverage” and “Beverage container” and inserting in place thereof the following definitions:-
"Beverage", any drinkable liquid intended for human oral consumption. This definition shall not include nutritive drinks including milk (as defined in FDA 21 CFR 131.110), milk substitutes, non-alcoholic fermented drinks or non-carbonated fruit juice made by producers who sell less than 100,000 units a year, any drug regulated under the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.), infant formula, or a meal replacement liquid.
“Beverage container”, any prepackaged container made of any material, including glass, plastic, metal, or multi-material, the volume of which is not more than 2.5 liters for noncarbonated beverage containers and not more than 3 liters for carbonated beverage containers. This definition shall not include beverage container packaging that is a carton, a pouch, or aseptic packaging.
SECTION 2. Section 322 of said chapter 94 is hereby amended by striking out the word “five” and inserting in place thereof the following figure:- 10
SECTION 3. Section 323 of said chapter 94 is hereby amended, in paragraph (b), by inserting after “returned” the following:- “; provided that this subsection shall not apply to a dealer whose place of business is less than 2,000 square feet. A redemption center or reverse vending machine must pay the refund value at the time the beverage container is returned unless an account system is in place and the customer requests that the amount of the refund value due is placed into an account to be held for the benefit of the consumer and funded in a manner that allows the consumer to obtain deposits due within 2 business days of the time of the return”
SECTION 4. Said section 323 of said chapter 94 is hereby further amended, in subsection (c), by striking out the word “one” and inserting in place thereof the following figure:- 2.75
SECTION 5. Said section 323 of said chapter 94 is hereby further amended, in subsection (e), by striking out the word “one” and inserting in place thereof the following figure:- 3.75
SECTION 6. Section 325 of said Chapter 94 is hereby amended, in subsection (b), by striking out the word “five” and inserting in place thereof the following figure:- 10
SECTION 7. Section 326 of said Chapter 94 is hereby amended, in line 7, by inserting after the word “sections” the following:- “. The secretary shall review handling fees at least every 3 years. In reviewing handling fees, the secretary shall consider whether there is a sufficient number of points of redemption across the commonwealth and whether a higher handling fee would increase the number of points of redemption. The secretary shall review the refund value of beverage containers at least every 3 years. In reviewing the refund value of beverage containers, the secretary shall consider whether a higher refund value would increase the redemption and recycling rate and whether the following redemption and recycling targets have been met: (1) by December 31, 2025, at least 65 percent of all beverage containers are redeemed and recycled; (2) by December 31, 2027, 75 percent of all beverage containers are redeemed and recycled; (3) by December 31, 2029, 85 percent of all beverage containers are redeemed and recycled; and (4) by December 31, 2031, 95 percent of all beverage containers are redeemed and recycled. The secretary shall also consider the redemption and recycling rates of subcategories of beverage containers and may increase the refund value of specific subcategories of beverage containers if necessary to increase their rate of redemption and recycling to the prior-listed target levels”
SECTION 8. Said chapter 94 is hereby amended by inserting after section 323E the following section:-
Section 323F. There shall be established on the books of the commonwealth a separate fund to be known as the Clean Environment Fund. Amounts deposited in said fund shall be used, subject to appropriation, solely for programs and projects in the management of solid waste and for environmental protection; provided, however, that no funds shall be used for costs associated with incineration.
SECTION 9. This act shall take effect on December 31, 2023.
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An Act relative to the future of clean heat in the Commonwealth
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S2105
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SD2330
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T15:50:52.343'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-20T15:50:52.3433333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T13:02:50.0866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:47:17.3133333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T17:04:44.39'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-05T11:09:28.0766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-08T10:19:30.41'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-16T14:45:56.4733333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:55:15.35'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-04-24T16:57:08.9533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-25T10:31:51.9266667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-05-01T09:45:59.1133333'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-09-15T10:41:07.2566667'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 2105) of Cynthia Stone Creem, Steven Owens, Vanna Howard, James K. Hawkins and other members of the General Court for legislation relative to the future of heat in the Commonwealth. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 23J of the General Laws, as amended by chapter 179 of the acts of 2022, is hereby amended by inserting after section 9 the following section:-
Section 9A. (a) There is hereby established and placed within the center a separate fund to be known as the thermal transition trust fund. The center shall hold the thermal transition fund in an account or accounts separate from other funds. There shall be credited to the thermal transition fund; (i) revenues collected pursuant to section 20(b) of chapter 25, and (ii) any other funds directed to the thermal transition trust fund. All amounts credited to the thermal transition trust fund shall be held in trust and used solely for activities and expenditures consistent with the permitted purposes of the thermal transition trust fund as set forth in subsection (b), including the ordinary and necessary expenses of administration and operation associated with the thermal transition trust fund. Unless otherwise specified, all monies of the thermal transition trust fund, from whatever source derived, shall be paid to the treasurer of the center. Such monies shall be deposited, in the first instance, by the treasurer in national banks, in trust companies, savings banks and cooperative banks chartered under the laws of the commonwealth, or in other banking companies in compliance with section 34 of chapter 29. Funds in these accounts shall be paid out on the warrant or other order of the treasurer of the center and the director of the thermal transition trust fund or other person that the board may authorize to execute warrants. Any unexpended balance in the thermal transition trust fund at the close of a fiscal year shall remain in the thermal transition trust fund and shall be available for expenditure in the following fiscal year; provided however, that the thermal transition trust fund shall not be in deficit at the end of any state fiscal year.
(b) The center may make expenditures from the thermal transition trust fund for the following purposes, giving priority to low- and- moderate-income customers:
(i) to replace any gas appliance with an electric appliance including but not limited to an electric heat pump, to upgrade electric service as needed and to mitigate any pre-weatherization barrier as needed in the building to enable a customer to connect to a non-emitting renewable thermal infrastructure project as provided in section 145A of chapter 164 or to other non-combusting sources of thermal energy. The Massachusetts clean energy technology center shall be responsible to determine the maximum cost per appliance, to ensure any necessary upgrade of an electric service, to ensure any necessary mitigation of any pre-weatherization barrier, to ensure the installation of such electric appliances, and to ensure that the building has been insulated pursuant to the energy efficiency program established by section 19 of chapter 25. Any remaining cost not covered for such work shall be attached to the meter to be paid off by savings over time on the customer’s energy bill, with the amount of such bill maintained at the same level as for the calendar year previous to such upgrades, adjusted for inflation, energy rates and number of degree days. The secretary of energy and environmental affairs shall, within 12 months of enactment of this section, promulgate regulations or directives for the implementation of this requirement.
(ii) to retrain existing employees who work on gas pipeline infrastructure to support the transition from a job working on gas infrastructure to a comparable job working on thermal pipes or other aspects of a non-emitting renewable thermal infrastructure project or other non-combusting sources of thermal energy. The center shall oversee such retraining programs and may allocate funds to a training facility or a gas company for the retraining of existing employees.
(c) The center shall provide a report to the secretary at the end of each fiscal year that summarizes results and expenditures from the thermal transition trust fund over the prior 12 months. The secretary shall report annually, no later than October 1, on the expenditures from the thermal transition bond fund and on the results achieved by the programs established by this section to the governor and to the clerks of the house of representatives and the senate, who shall forward such report to the president of the senate, the speaker of the house of representatives, and the chairs of the house and senate committees on ways and means.
SECTION 2. Section 19 of chapter 25, as amended by chapter 179 of the acts of 2022, is hereby amended by inserting after the words “demand side management programs” the following:-
“and non-emitting renewable thermal energy programs, including but not limited to heat pumps for heating and cooling”
SECTION 2. Said section 19 of said chapter 25, as amended by chapter 179 of the acts of 2022, is hereby amended by inserting after the word “practicable” the following:-
; and provided further, that the programs maximize to the greatest extent possible the use of non-emitting renewable thermal energy, including but not limited to heat pumps for heating and cooling, to reduce greenhouse gas emissions pursuant to the mandates of chapter 21N.”
SECTION 3. Section 20 of said chapter 25, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following:-
(a) The department shall require a mandatory charge of 15 mills per therm for all gas consumers and a mandatory charge of 0.5 mill per kilowatt-hour for all electricity consumers, except those served by a municipal lighting plant which does not supply generation service outside its own service territory or does not open its service territory to competition at the retail level, to support the development and promotion of renewable energy projects. All revenues generated by the mandatory charge for electricity consumers shall be deposited into the Massachusetts Renewable Energy Trust Fund, established under section 9 of chapter 23J. All revenues generated by the mandatory charge for gas consumers shall be deposited into the thermal transition trust fund within the Massachusetts Renewable Energy Trust Fund, established pursuant to section 9A of chapter 23J.
SECTION 4. Section 1 of chapter 164, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Gas company” and inserting in place thereof the following definition:-
“Gas company”, a corporation organized for the purpose of making and selling or distributing and selling, gas or utility-scale non-emitting renewable thermal energy within the commonwealth, even though subsequently authorized to make or sell electricity; provided however, that gas company shall not mean an alternative energy provider.
SECTION 5. Said section 1 of said chapter 164 is hereby further amended by inserting after the definition of “Mitigation” the following three definitions:-
“Networked geothermal system”, a utility-scale non-emitting renewable thermal energy infrastructure consisting of underground distribution pipelines that connect distributed thermal sources and or thermal storage, including geothermal boreholes and non-combusting electric heat pumps, to provide a customer or network of customers with thermal energy for heating and cooling.
“Non-emitting renewable thermal energy”, thermal energy that provides heating or cooling without combustion and that does not release greenhouse gas emissions as defined in section 1 of chapter 21N.
“Non-emitting renewable thermal infrastructure project”, a utility-scale project that replaces natural gas distribution infrastructure with distribution infrastructure that supplies non-emitting renewable thermal energy. A non-emitting renewable thermal infrastructure project may include, but is not limited to, a networked geothermal system.
SECTION 6. Section 1I of said chapter 164, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-
A gas company shall include in its annual service quality standards report submitted to the department under this section the percentage and amount of funds allocated to each factor in the local distribution adjustment factors fund, including the following: energy efficiency, non-emitting renewable thermal energy, environmental response, consultants for the office of the attorney general under section 11E of chapter 12, residential assistance, and any other factor included in such fund. Such report shall also include the cost of political or promotional advertising as defined by section 33A of this chapter, and the cost of repairing, upgrading or replacing gas infrastructure with new gas infrastructure or non-emitting renewable thermal infrastructure under sections 145 and 145A of this chapter.
SECTION 7. Said chapter 164 is hereby amended by striking out section 30 and inserting in place thereof the following:-
Section 30. The department may, after notice and a public hearing, authorize a gas or electric company to carry on its business in any town in the commonwealth other than the town named in such gas or electric company’s agreement of association or charter, subject to sections 86 to 88, inclusive, and such company may purchase, hold and convey real and personal estate in such other town necessary for carrying on its business therein. In rendering an authorization pursuant to this section, the department shall make written findings, considering the priorities of the department as provided in section 1A of chapter 25, including public health and the impact on indoor air quality, safety, potential for stranded assets, and evaluating any non-emitting alternatives to expansion of gas distribution infrastructure.
SECTION 8. Section 33A of said chapter 164 is hereby amended by inserting after the word “agency” the following:-
; provided, however, that any such advertising that promotes the use of natural gas, renewable natural gas, or hydrogen must disclose the impacts on public health, including indoor air quality, and public safety hazards of natural gas, renewable natural gas or hydrogen and their effects on greenhouse gas emissions and the mandates pursuant to chapter 21N
SECTION 9. Said chapter 164 is hereby amended by striking out section 75B and inserting in place thereof the following section:-
Section 75B. Any person, partnership, corporation or any other legal entity, organized under the laws of the commonwealth which shall desire to construct and operate a natural gas pipeline or non-emitting renewable thermal infrastructure situated wholly within the commonwealth may qualify to do business within the commonwealth as a natural gas pipeline company or as non-emitting renewable thermal energy corporation after hearing upon a petition filed with the department and after the department has determined that such facilities are necessary for the purpose alleged and will serve the public convenience and is consistent with the public interest. In the case of a petition for a non-emitting renewable thermal energy infrastructure, the department may approve the petition if the person, partnership, corporation or other legal entity demonstrates there are a sufficient number of customers to connect to such infrastructure and that such proposed infrastructure will meet the priorities of the department as provided in section 1A of chapter 25, including reduction of greenhouse gas emissions, impact on public health including indoor air quality, safety, potential for stranded assets, and affordability; provided however, that a legal entity proposing to construct such renewable thermal infrastructure wholly on private land shall be exempt from the requirement to qualify under this section. In the case of a petition for gas facility, any person, partnership, corporation or any other legal entity, organized under the laws of the commonwealth or of any other state or of the United States which holds a certificate of public convenience and necessity issued under the provisions of chapter 15B of the United States Code which may be cited as the federal ''Natural Gas Act'' authorizing it to construct a natural gas transmission line and appurtenant facilities within the commonwealth, shall be considered as a natural gas pipeline company within the meaning of this chapter upon filing with the department a certified copy of such certificate.
SECTION 10. Said chapter 164 is hereby amended by striking out section 76 and inserting in place thereof the following section:-
Section 76. The department shall have the general supervision of all gas and electric companies and shall make all necessary examinations and inquiries and keep itself informed and report publicly on the condition of the respective properties owned by such corporations and the manner in which they are conducted with reference to the public health, including indoor air quality, safety and convenience of the public, the reduction of greenhouse gas emissions pursuant to chapter 21N, and as to their compliance with the provisions of law and the orders, directions and requirements of the department and the commonwealth; provided, however, that any alternative energy producer shall not be considered to be a municipality, manufacturing company, corporation or other person engaged in the manufacture, sale, distribution or transmission of gas or electricity and shall be exempt from regulation by the department.
SECTION 11. Section 76C of said chapter 164 is hereby amended by inserting at the end thereof the following sentence:-
In establishing such rules and regulations, the department shall prioritize safety, security, reliability of service, affordability, equity and reductions in greenhouse gas emissions to meet statewide greenhouse gas emissions limits and sublimits established pursuant to chapter 21N, in accordance with section 1A of chapter 25.
SECTION 12. Said chapter 164 is hereby amended by striking out section 92 and inserting in place thereof the following section:-
Section 92. On written petition of any person, having a residence or place of business in a town where a corporation is engaged in the manufacture, transmission or sale of gas or the distribution of electricity, aggrieved by its refusal or neglect to supply him with gas or electricity, the department may, after notice to the corporation to appear at a time and place therein named to show cause why the prayer of such petition should not be granted, issue an order directing and requiring it to supply the petitioner with gas or other thermal energy, as determined by the department pursuant to the priorities of section 1A of chapter 25, or electricity, upon such terms and conditions as are legal and reasonable; provided, however, that if such corporation is engaged in such town solely in the transmission of gas such order shall not be made where it appears that compliance therewith would result in permanent financial loss to the corporation. A gas company may meet any obligation to serve by providing a customer with non-emitting renewable thermal energy, including but not limited to networked geothermal infrastructure or an electric heat pump.
SECTION 13. Section 106 of said chapter 164 is hereby amended by inserting after the word “chapter” the following:-
; provided, that the department shall restrict the injection in any amount of a substitute fuel from any source into a gas distribution system that delivers thermal energy to a building unless it determines that such substitute fuel: (i) is non-emitting in its lifecycle; (ii) does not pose a safety hazard to persons or property; and (iii) has reliable sources of supply that ensure affordability for customers; and provided further, that the department shall prohibit the injection of any amount of hydrogen into a gas distribution system that delivers thermal energy to a residential, municipal, commercial or other building, except as provided in subsection (d) of section 141 of this chapter.
SECTION 14. Said chapter 164 is hereby amended by striking out section 141 and inserting in place thereof the following section:-
Section 141. (a) In all decisions or actions regarding rate designs, the department shall consider the impacts of such actions on: (i) on-site generation; (ii) the replacement of gas infrastructure with utility-scale non-emitting renewable thermal energy infrastructure or non-combusting alternative sources of thermal energy; (iii) the reduction of greenhouse gases as mandated by chapter 21N to reduce energy use; (iv) efforts to increase efficiency and encourage non-emitting renewable sources of energy; (v) the findings of utility-scale non-emitting renewable thermal energy pilots approved by the department of public utilities pursuant to section 99 of chapter 8 of the acts of 2021; (vi) data collected related to the design and operation of networked geothermal demonstration projects approved by the department of public utilities pursuant to chapter 102 of the acts of 2021, including data on any reduction of lost and unaccounted for gas as defined in section 147; and (vii) the use of new financial incentives to support energy efficiency efforts.
(b) To aid the department in its determination of the public interest under this section, a gas company seeking approval by the department of a contract that requires the construction or expansion of gas infrastructure after January 1, 2025, shall within 90 days issue a request for proposal and shall hold a competitive solicitation for non-combusting alternative thermal energy solutions that reduce greenhouse gas emissions, as a condition of approval of such contract by the department; provided further, that the department shall approve such alternative thermal energy solution if it finds that it is in the public interest as compared to the contract proposed by the gas company.
(c) In a rate design or other plan for non-emitting renewable thermal infrastructure filed pursuant to section 145 of this chapter, the department shall approve a merger of the rate base of such infrastructure with the rate base of gas infrastructure and shall permit cross-subsidization between gas and non-emitting renewable thermal energy rate payers.
(d) After January 1, 2025, in all decisions or actions regarding a rate design or other plan submitted by a gas company, the department shall not approve a rate design or other plan that expands the gas distribution infrastructure other than extension of a service line to a customer from an existing main pipeline, or that includes the distribution of hydrogen in a pipeline that provides thermal energy to a residential or commercial building; provided, however, the department may approve a rate design or other plan which expands or includes the distribution of non-emitting renewable thermal energy to any building; and provided further, that a rate design that provides distribution of gas or green hydrogen to an industrial process that is difficult to decarbonize may only be permitted if such distribution of gas or green hydrogen meets applicable state and federal public health and safety standards.
(e) In any decision or action regarding a rate design, the department shall make written findings stating the basis for its decision, considering the priorities of the department in section 1A of chapter 25 and including but not limited to, impacts on the following: (i) the estimated average energy bill by customer type and rate class for both heating and cooling; (ii) greenhouse gas emissions from combustion of fuel and from gas leaks; (iii) best available scientific research on outdoor air quality; (iv) indoor air quality from combustion of fuel and from gas leaks; (v) safety incidents; (vi) availability of cooling to be provided by alternative systems; (vii) the potential for stranded assets; (viii) the energy burden for low income customers; (ix) single point failures; (x) energy sources produced and purchased within the commonwealth; and (xi) any other factor relevant to the decision or action by the department.
(f) The department shall not approve a rate design or other plan that includes payment by a gas company or an electric company of fees or other costs associated with membership in a trade association or similar associations whose purpose is to promote natural gas, renewable natural gas, or hydrogen as sources of clean energy, nor shall the department approve a rate design or other plan that includes costs for an advertising or promotional advertising campaign that promotes natural gas, renewable natural gas, or hydrogen as sources of clean energy without such campaign disclosing the public health impacts, including the impact on indoor air quality, and safety hazards of natural gas, renewable natural gas or hydrogen and their components, and their effects on greenhouse gas emissions and the mandates of chapter 21N.
SECTION 15. Section 144 of said chapter 164 is hereby amended, in subsection (f), by inserting at the end thereof the following two sentences:
As part of such oversight and monitoring, the department shall require an annual audit of gas leaks reported to the department by a gas company, such audit to be conducted by a qualified independent contractor chosen jointly by the department and the attorney general. Such audit shall include a statistically significant random selection of reported leaks and shall include for each leak (i) the leak classification; (ii) the leak extent measurement; and (iii) the success of any repairs of such leak. The department shall make such audit available to the public by July 1 of each year.
SECTION 16. Said chapter 164 is hereby amended by striking out section 145 and inserting in place thereof the following section:-
Section 145. (a) "Eligible infrastructure replacement'', a replacement 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 health, including indoor air quality, and 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 or increasing gas pipeline capacity; (iv) reduces, or has the potential to reduce, lost and unaccounted for natural gas through a reduction in natural gas system leaks; and (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) shall, whenever feasible, 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; (vii) shall, whenever feasible, include replacing gas infrastructure with utility-scale non-emitting renewable thermal energy infrastructure; and (viii) shall, whenever feasible, include zonal electrification projects through programs approved under section 145B of this chapter.
(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, reducing greenhouse gas emissions pursuant to chapter 21N, and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks. In accounting for any reduction in lost and unaccounted for natural gas, a gas company shall rely on data specific to the commonwealth related to the loss of gas in transmission, storage, distribution, and use by consumers. 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 on and to replace the gas company's natural gas infrastructure in a safe and timely manner and to reduce greenhouse gas emissions according to applicable sublimits pursuant to chapter 21N. 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 reducing greenhouse gas emissions and 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 replacement of 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; (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; (vii) infrastructure proposed to be replaced or repaired, including replacement of gas infrastructure with utility-scale non-emitting renewable thermal energy infrastructure or non-combusting electric heat pumps; (viii) work plans including location by street segment with cross streets or street numbers showing where the segment of leak-prone infrastructure scheduled to be replaced or repaired begins and ends; (ix) capacity of existing infrastructure, including but not limited to, diameter and pressure of pipes; (x) how the replacement infrastructure complies with the mandates of chapter 21N and section 1A of chapter 25 to reduce greenhouse gas emissions; (xii) repairs of grade 3 leaks having a significant environmental impact as defined by section 144 (c); provided, however that such repairs shall be cost effective and shall comply with applicable state and federal safety regulations related to pipeline infrastructure; (xiii) number of customers per street segment expressing a desire to transition to non-emitting renewable sources of thermal energy; (xii) for each replacement project, an explanation, with reference to the standards developed pursuant to subsection (k), of why replacement of the infrastructure is appropriate, taking into account the cost to ratepayers and the reduction of greenhouse gas emissions as required by chapter 21N; and (xiii) 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 repairing or removing all leak-prone infrastructure on an accelerated basis specifying an annual repair or replacement 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 repairing or removing all leak-prone infrastructure on the accelerated basis set forth under the timeline utilizing the cost recovery mechanism established pursuant to this section; provided, however, that no cost recovery or depreciation associated with gas infrastructure shall be claimed by such gas company after January 1, 2050. After filing the initial plan, a gas company shall, at 5-year intervals, provide the department with a summary of its repair or replacement progress to date, a summary of work to be completed during the next 5 years, a report of any leak-prone infrastructure remaining in the service territory of the gas company by street segment with cross streets or street numbers showing where the segment begins and ends, including the likely year of replacement of such infrastructure and the estimated cost of replacement at the current cost of replacement for the type of pipe in the location, and any similar information the department may require. The department shall 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, compliance with the mandates of chapter 21N to reduce greenhouse gas emissions, and improvements to public health, including air quality, and public safety, and shall make written findings of factors considered. The department shall give priority to plans narrowly tailored to addressing leak-prone infrastructure most immediately in need of replacement; provided, however, that the department shall not approve a non-emergency repair or replacement of leak-prone infrastructure without an analysis of non-combusting alternatives such as non-emitting renewable thermal energy infrastructure or non-combusting electric heat pumps.
(e) If a plan is in compliance with this section and the department determines the plan to reasonably accelerate eligible infrastructure repair or replacement 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. Such regulations shall include a performance-based financial incentive to a gas company to reduce miles of gas infrastructure and to build utility-scale non-emitting renewable thermal energy infrastructure eligible under subsection (c)(2); provided, however, that such infrastructure complies with the mandates of chapter 21N to reduce greenhouse gas emissions. Such regulations shall be promulgated within 12 months of the effective date of this provision. The department may discontinue the replacement program 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.
(i) No less than 90 days before filing a plan with the department, a gas company shall notify each customer connected to leak-prone pipeline segments proposed to be replaced in such plan. Such notice shall include the available schedule of the next five years for replacement of pipeline infrastructure on the customer’s street, the expected duration, the anticipated cost for such replacement, the impact on public health including indoor air quality, public safety, the availability of cooling, and the estimated impact on the energy bill of such customer. The department shall convene a stakeholder engagement group including the department of environmental protection, the department of energy resources, the attorney general, and representatives of environmental justice communities, gas workers and environmental organizations to review and approve such outreach plan to inform customers of the pipeline infrastructure project. A gas company shall provide an opportunity to each customer connected to such leak-prone pipe to express any choice the customer may have that proposed funds be spent on installation of non-emitting renewable thermal infrastructure or non-combusting electric heat pumps instead of gas infrastructure.
(j) Within 3 days of any plan submitted to the department by a gas company for repair, replacement or improvement of any existing infrastructure pursuant to this section, a gas company shall send such plan to the municipality whose service territory is covered by such plan, as a condition of approval by the department of such plan. Within 30 days of receipt of such plan, such municipality may provide the gas company with comments and questions about the plan. Within 15 days of receipt of such comments and questions, the gas company shall respond to questions such municipality has about the plan. Within 3 days of approval of such plan by the department, the gas company shall send such approval to the municipality whose service territory is covered by the plan.
(k) The department shall develop standards to inform a decision by a gas company whether to repair or replace leak-prone infrastructure. The department shall require a gas company to repair rather than replace infrastructure when conditions it specifies are met and shall conduct audits to ensure compliance with any such requirement. If a gas company replaces infrastructure required by the department to be repaired, the gas company shall not be permitted to recover the cost of the replacement for such infrastructure.
SECTION 17. Said chapter 164 is hereby amended by inserting after section 145 the following three sections:-
Section 145A. (a) By December 31, 2025, a gas company shall file with the department a plan for the transition by January 1, 2050, of such company’s pipeline infrastructure from emitting sources of thermal energy to non-emitting renewable sources of thermal energy. Such plan shall include: (i) number of customers whose source of thermal energy is projected to be transitioned each year from emitting to non-emitting sources of thermal energy; (ii) number of miles of pipelines projected to be transitioned each year from emitting to non-emitting sources of thermal energy or which are retired from use; (iii) the thermal technology projected to be deployed by number of customers and miles of pipe transitioned including but not limited to air-source heat pumps, ground source heat pumps, networked geothermal, or other non-combusting thermal energy technology; (iv) the estimated amount of reduction in greenhouse gas emissions coming from the gas distribution system; and (v) the projected impact on a gas company’s workforce and on customers’ energy bills, affordability, and safety. Such plan shall be updated annually by December 31 of each year as provided in subsection (b) of this section.
(b) A gas company shall file annually by December 31 a update to the plan filed pursuant to subsection (a) which shall include: (i) the street segments and number of customers connected to such street segments which will transition from gas service to non-emitting renewable thermal infrastructure such as networked geothermal in the coming year; (ii) the plan in the coming year to retire gas infrastructure and to transition such customers to alternative sources of non-emitting renewable thermal energy such as non-combusting electric heat pumps; (iii) the estimated greenhouse gas emissions from existing gas infrastructure not yet scheduled for transition in the coming year; (iv) the plan to reduce greenhouse gas emissions from infrastructure determined to have no technical option to transition to non-emitting renewable thermal in the coming year; and (v) other such other information as the department may require.
(c) In any consideration of the cost effectiveness of transitioning from existing gas infrastructure to non-emitting renewable thermal infrastructure, a gas company shall consider the following factors: (i) the leak status of the existing infrastructure; (ii) the current depreciation, schedule of future depreciation, and potential for avoided costs; (iii) the impact on public health and public safety; (iv) the potential for avoided costs; (v) the customer cost and resulting energy burden; and (vi) the expected reduction of greenhouse gas emissions as required by chapter 21N. In the interest of protecting ratepayers, a gas company may apply to the department to replace all gas appliances with electric appliances and to no longer provide gas service to the customer if cost avoidance is found to benefit ratepayers. If the department approves such application, a gas company may replace a customer’s gas appliances with electric appliances, and may provide necessary upgrades to a customer’s electric service, insulation and mitigation of pre-weatherization barriers. Funding for such upgrades may come from funds available from energy efficiency programs pursuant to section 19 of chapter 25 or from funds available from the thermal transition trust fund pursuant to section 9A of chapter 23J.
(d) The department shall make available for review by the public plans filed by a gas company under this section.
(e) The department shall, within 12 months of the enactment of this section, promulgate regulations or directives as needed to implement the requirements of this section.
Section 145B. (a) The department shall permit a gas company to sell, lease, install, and service air source heat pumps, ground source heat pumps, heat pump water heaters, induction stoves, electric clothes dryers, and other electric appliances and equipment that serve as non-combusting alternatives to gas appliances and equipment.
(b) No later than January 1, 2024, the department shall require a gas company to design and offer to each customer a plan which increases the availability, affordability, and feasibility of conversion of the customer’s gas appliances and gas equipment to electric appliances and electric equipment; provided, that the plan shall prioritize customers and zones of customers who are served by gas distribution infrastructure that is identified for replacement pursuant to section 145 of this chapter; and provided further, that such plan shall seek, whenever feasible, to convert zones of customers living in contiguous locations, rather than individual customers.
(c) In approving a plan proposed by a gas company to convert a customer’s gas appliances and gas equipment to electric appliances and electric equipment, the department shall develop a methodology for determining rates payable by a customer to a gas company that facilitates conversion from gas to electricity, including but not limited to, charges applicable only to a customer who pursues conversion from gas to electricity through such plan. The department shall permit a gas company to recover the actual costs of conversion from gas to electricity from a customer through such plan, including recovery of such costs from a customer who no longer receives gas service following conversion from gas to electricity. Any costs to be recovered shall only include the actual costs of conversion and shall not include any cost to the gas company associated with revenue lost by a gas company from the conversion by a customer from gas to electricity as a source of thermal energy. The department shall approve in advance reimbursement for costs incurred by a gas company to ensure lowest feasible cost for such conversions. A plan by a gas company to convert a customer’s gas appliances and gas equipment to electric appliances and electric equipment shall include an option for the customer to choose appliances and equipment with a higher cost than those provided through a gas company, so long as the customer pays the difference in cost between standard appliances and equipment and higher cost models. The department shall establish guidelines outlining criteria and procedures to be used by the department for reviewing a proposal, including factors the department shall consider for plan approval.
(d) A gas company may petition the department independently or in coordination with the department of energy resources to approve: (i) a financing plan for the costs of conversion from gas to electricity to be repaid by a participating customer on such gas or electric bill of such customer; (ii) other financing plans developed by a gas company; or (iii) other cost-effective plans that reasonably accelerate conversion of customers from gas to electricity; provided, that such plans will not unreasonably burden customers who remain customers of a gas company.
(e) The department shall issue a decision on a plan filed by a gas company for conversion of customers’ energy supply from gas to electricity pursuant to this section within 6 months of the date of filing such plan. A gas company shall file appropriate tariff changes and otherwise implement any plan for conversion from gas to electricity approved under this section.
(f) Participation in a plan approved under this section shall not affect a customer’s eligibility for other energy efficiency or electrification incentives available under state or federal law.
Section 145C. In any plan or other action filed by a gas company under sections 145, 145A, or 145B of this chapter that includes a plan to install a non-emitting networked renewable thermal infrastructure, such gas company shall include a plan to provide training and continued employment at pre-existing wages and benefits to workers employed by such gas company whose jobs would otherwise be eliminated or significantly changed by a transition from gas infrastructure to non-emitting renewable thermal infrastructure.
SECTION 18. Section 3 of chapter 149 of the acts of 2014 is hereby repealed.
SECTION 19. The department shall issue regulations within 12 months of the effective date of this section establishing an electric rate class for customers using air-source, ground-source and networked-geothermal heat pumps reflective of their pattern of use when determined to be of benefit to the electric grid load factor and thereby to the electric grid rate payer.
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An Act relative to electric ratepayer protections
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S2106
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SD648
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:38:11.493'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T15:38:11.4933333'}, {'Id': None, 'Name': 'Attorney General Andrea Campbell', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T09:52:59.1733333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-14T11:54:03.6666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-06-06T12:46:06.18'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2106) of Brendan P. Crighton, Attorney General Andrea Campbell and Sal N. DiDomenico for legislation relative to electric ratepayer protections. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 of the General Laws is hereby amended by inserting after section 1K the following section:
Section 1L. Beginning on January 1, 2024, no supplier, energy marketer, or energy broker shall execute a new contract for generation services with any individual residential retail customer. This provision shall not apply to, or otherwise affect, any government body that aggregates the load of residential retail customers as part of a municipal aggregation plan pursuant to chapter 164, § 134. Any violation of this provision shall be deemed an unfair and deceptive act pursuant to the provisions of chapter 93A, and the attorney general is hereby authorized to bring an action under section 4 of chapter 93A to enforce this provision and to obtain restitution, civil penalties, injunctive relief, and any other relief awarded pursuant to said chapter 93A.
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An Act relative to municipal authority in public rights of way
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S2107
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SD907
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T16:26:50.64'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-18T16:26:50.64'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2107/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2107) of Brendan P. Crighton for legislation relative to public utilities that operate in public rights of way. Telecommunications, Utilities and Energy.
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SECTION 1. Section 34B of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following:-
In the event that a utility company does not move a utility pole, wire or attachment within the required 90 days or the agreed upon timeframe, municipalities may move, relocate or remove utility poles, wires or attachments, or arrange for another party to move, relocate or remove utility poles, wires and attachments. Municipalities may charge the utility company a reasonable fee for non-performance.
Municipalities may adopt bylaws and ordinances relating to (a) the imposition of fees or fines on utility companies that operate in the public right of way, (b) the assessment of taxes on utility companies that operate in the public right of way, (c) the licensing and permitting of utility companies that operate in the public right of way.
SECTION 2. Notwithstanding any special or general law to the contrary, municipalities and public utilities shall have the right to purchase utility poles from investor-owned utilities at a price that takes into account the depreciation in value of the utility poles.
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An Act to reduce congestion and encourage shared rides
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S2108
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SD1299
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T12:15:49.25'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T12:15:49.25'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:07:29.1533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2108/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2108) of Brendan P. Crighton and James B. Eldridge for legislation to reduce congestion and encourage shared rides. Telecommunications, Utilities and Energy.
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SECTION 1. Section 8 of Chapter 187 of the Acts of 2016 is hereby amended by striking (b) and replacing with the following section:
(b) Annually, not later than February 1, each transportation network company shall submit to the director of the division established in section 23 of chapter 25 the number of rides from the previous calendar year that originated in each city or town and the amount collected from rider-assessments. Notwithstanding any other law, a rider-assessment is to be charged as follows:
(i) $0.40 for a shared ride in which, prior to the commencement of the pre-arranged ride, a passenger requests through the transportation network company’s digital network, to share the ride with one or more passengers and each passenger is charged a fare that is calculated in whole or in part, based on the passenger’s request to share all or part of the ride with one or more passengers, regardless of whether the passenger actually shares all or part of the ride.
(ii) $1.20 for a pre-arranged ride other than a ride described in (i).
(iii) $2.20 for any pre-arranged ride that is reserved as a luxury ride.
(iv) A rider assessment shall not apply to a pre-arranged ride requested or selected by a rider who has requested or selected the pre-arranged ride through a program established by a public entity to provide transportation network services to individuals, including those who are eligible for paratransit services.
Not later than June 30, the director shall post on the division’s website the aggregate number of rides from the previous calendar year originating within each city or town.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2LLLLL the following section:-
Section 2MMMMM. (a) There shall be established and set up on the books of the commonwealth a fund to be known as the Transit Authority Fund. The fund shall be credited any monies transferred under section 12 of chapter 159A½ and all monies credited to or transferred to the fund from any other fund or source. Expenditures from the fund shall be subject to appropriation; provided, that 50 percent of the funds received shall be appropriated for the Massachusetts Bay Transportation Authority; and provided further, that 50 percent of the funds received shall be appropriated for the regional transit authorities organized under chapter 161B or predecessor statutes.
SECTION 3. Section 1 of Mass General Laws Chapter 159A½ is amended by adding the following definitions:
“Shared ride”, a for-hire transportation trip, in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network to share the ride with one or more passengers, that separately request transportation and are each charged the same predetermined amount per ride, or are billed independently for a ride in an amount that is proportionate to the transportation they receive, regardless of whether the passenger actually shares all or part of the ride.
“For-Hire Transportation Trip”, a ride in which, prior to the commencement of the ride, a passenger requests a pre-arranged ride through the transportation network company’s digital network as a single
passenger between points chosen by the passenger, regardless of the number of stops. This shall not include transportation provided by, or pursuant to a contract with a state agency or an institution.
“Luxury Ride”, a for-hire transportation trip that is reserved by the rider as a luxury ride, premier ride, or other similar ride as designated by the transportation network company.
SECTION 4. Section 2 of Chapter 159A½ as appearing in the 2020 Official Edition, is amended as follows:
(d) A transportation network company shall provide clear and conspicuous transportation fare estimates to riders at all times, including during surge pricing, high volume and demand times. Fare estimates shall include a clear rate estimate or the amount of price increase resulting from surge pricing or increased demand and shall show the price difference between the cost of a shared-ride and a single-occupancy ride.
SECTION 5. Section 10 of Chapter 159A½ as appearing in the 2020 Official Edition, is amended as follows:
(a) A municipality identified in the fourteen cities or towns defined in Chapter 161A, section 1, that accepts the provisions of this section, may impose a congestion assessment of no more than $2.25 per ride during regular MBTA service hours. These funds would be dedicated for municipal investment in public transportation, bicycle and pedestrian investments, and electric vehicle charging infrastructure.
(b) Other than those municipalities identified in (a), no municipality or other local state entity, except the Massachusetts Port Authority, may: (i) impose a tax on or require any additional license for a transportation network company, a transportation network driver or a vehicle used by a transportation network driver where the tax or licenses relate to facilitating or providing pre-arranged rides; (ii) require any additional license for a transportation network company or transportation network driver; or (iii) subject a transportation network company to the municipality’s or other local or state entity’s rates or other requirements, including but not limited to entry or operational requirements; provided, however, that a municipality or other local or state entity may regulate traffic flow and traffic patterns to ensure public safety and convenience.
SECTION 6. Said chapter 159A½, as so appearing, is hereby further amended by adding the following 2 sections:-
Section 12. (a) There shall be a Transportation Infrastructure Enhancement Trust Fund. The director of the division shall be the trustee of the Fund and shall expend money in the fund to address the impact of transportation network services. There shall be credited to the Fund: (i) any per-ride assessment collected pursuant to subsection (b); and (ii) any interest earned on money in the Fund. Amounts credited to the Fund shall be expended by the division pursuant to subsections (c) and (d) without further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) Annually, not later than February 1, each transportation network company shall submit to the director of the division the number of rides, broken down by shared rides and non-shared rides, including the number of luxury rides, from the previous calendar year that originated within each city or town and a per-ride assessment.
(c) From the funds received from the per-ride assessment of shared and non-shared rides, the division shall: (i) proportionately distribute 50 percent to a city or town based on the number of shared and non-shared rides from the previous calendar year that originated within that city or town to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town including, but not limited to, the complete streets program established in section 1 of chapter 90I and other programs that support alternative modes of transportation; and (ii) distribute 50 percent to the Transit Authority Fund, established in section 2MMMMM of chapter 29.
(d) From the funds received from the additional per-ride assessment for luxury rides, pursuant to subsection (b), the division shall annually: (i) proportionately distribute 50 percent of the amount received to a city or town based on the number of luxury rides from the previous calendar year that originated within that city or town to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town including, but not limited to, the complete streets program established in section 1 of chapter 90I and other programs that support alternative modes of transportation; and (ii) distribute 50 percent to the Commonwealth Transportation Fund, established in section 2ZZZ of chapter 29.
(e) By December 31 of each year in which a city or town receives a disbursement of more than $25,000 from the Fund, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d).
By December 31 of the year in which a city or town receives a cumulative total of more than $25,000 in disbursements from the Fund since its last report to the director of the division, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d) for each disbursement from the Fund since the city or town’s last report to the director of the division.
For a city or town whose cumulative total disbursements from the Fund have not exceeded $25,000 in the 5 years since its last report to the director of the division, that city or town shall submit a report to the director of the division by December 31 of the fifth year since its last report to the director of the division. That report shall detail the projects and the amount used or planned to be used for transportation-related projects as described in subsections (c) and (d) for each annual disbursement from the Fund since the city or town’s last report to the director of the division.
The division shall withhold future disbursements from the Fund from any city or town that does not comply with the reporting requirements of this subsection. The withheld funds shall be disbursed when the city or town complies with the requirements of this subsection.
On an annual basis, the director shall compile the reports and post the projects and amounts of money expended on the website of the division.
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An Act establishing the Gateway cities Renewable, Efficient, and Electrified Neighborhoods initiative
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S2109
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SD1898
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T10:26:16.5'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T10:26:16.5'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T14:05:21.2433333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:57:34.8766667'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 2109) of Brendan P. Crighton for legislation to establish the Gateway cities Renewable, Efficient, and Electrified Neighborhoods initiative. Telecommunications, Utilities and Energy.
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Chapter 25A of the General Laws is hereby amended by adding the following section:-
Section 18. GREEN Act.
(a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:-
“Clean cooking technology,” a non-combustion technology used to prepare food without emitting greenhouse gasses or other harmful pollutants in normal operation, such as induction or radiant electric stoves.
“Clean heating technology,” a non-combustion technology used to provide space heating and cooling or water heating and cooling without emitting greenhouse gasses or other harmful pollutants in normal operation, such as air-source heat pumps, ground-source heat pumps, and solar hot water systems.
“Department,” the department of energy resources.
“Gateway municipality,” as defined in section 3A of chapter 23A.
“Highly energy efficient,” using efficient appliances and lighting and plumbing fixtures, with a building envelope that meets passive house standards or as close to passive house standards as practicable given the constraints of the building.
“Initiative,” the Gateway Cities Renewable, Efficient, and Electrified Neighborhoods Initiative, known as the GREEN Initiative.
“Low income,” earning below 50 percent of area median income.
“Moderate income,” earning between 50 to 80 percent of area median income.
“Passive house standards,” standards for the construction of highly energy-efficient buildings, including but not limited to: (a) continuous insulation throughout the entire building envelope without any thermal bridging; (b) an extremely airtight building envelope, preventing infiltration of outside air and loss of conditioned air; (c) high-performance windows and doors that exploit the sun's energy for heating purposes in the heating season and minimize overheating during the cooling season; (d) balanced heat- and moisture-recovery ventilation; and (e) a minimal space conditioning system.
“Qualifying municipality,” a gateway municipality or smaller qualifying municipality.
“Renewable electricity,” electricity produced by a renewable energy generating source.
“Renewable energy generating source,” as defined in section 11F of chapter 25A.
“Smaller qualifying municipality,” a municipality that meets all of the criteria to be a gateway municipality except that its population is 35,000 or less.
“Tenant-owner weatherization agreements” enforceable agreements between residential tenants and a building owner clearly stating that, for a reasonable period of time after a retrofit has been completed, the tenants (including households paying for their energy through their rent) will not be subjected to rent increases unless those increases are demonstrably related to matters other than the weatherization work performed.
(b) There shall be a Gateway Cities Renewable, Efficient, and Electrified Neighborhoods Initiative, known as the GREEN Initiative, within the department. The department may contract with the Massachusetts Clean Energy Center to administer all or part of the GREEN Initiative. The purpose of the GREEN Initiative is to retrofit existing low-income and moderate-income housing in qualifying municipalities to be highly energy efficient, use only clean heating technologies and clean cooking technologies, and where possible be powered by electricity from on-site renewable energy generating sources. The initiative shall collect data and identify best practices for retrofitting Massachusetts’ existing low-income and moderate-income housing stock.
(c) There shall be established a GREEN Initiative Account within the department. Each year, electric and gas distribution companies and municipal aggregators with certified clean energy plans shall transfer a sum of money into the GREEN Initiative Account sufficient to administer the initiative, collect and analyze data, and provide incentives, rebates, or other financial assistance necessary to complete the retrofits beyond the financial assistance already available from ratepayer-funded energy efficiency programs or other utility, state or federal programs; provided, that the sum of money transferred to the department in any year shall not exceed $30 million. The department of public utilities may adjust the charges assessed to electric and gas utility customers under sections 19 and 21 of chapter 25 to ensure that there are sufficient resources to meet the objectives of the energy efficiency investment plan and natural gas efficiency investment plan. The department may accept funds into the GREEN Initiative Account from other sources, including grants from foundations, individual donors, and state and federal agencies, without annual limits.
(d) Municipal governments, nonprofit organizations, or other entities, known as sponsor organizations, shall apply to the department to carry out a project in one or more qualifying municipalities. Each project shall retrofit low-income or moderate-income housing units, in one or more buildings, to be highly energy efficient, use only clean heating technologies and clean cooking technologies, and where possible be powered by electricity from on-site renewable energy generating sources. If a residential building includes commercial space, the project may also retrofit the commercial space within the building. Each project may include housing owned by a municipality or other government entity, subsidized affordable housing owned by a nonprofit or for-profit corporation, or non-subsidized housing that is typically occupied by low-income or moderate-income individuals.
(e) In administering this program, the department shall prioritize retrofits of buildings with 6 or fewer housing units, including buildings occupied by owners and buildings occupied by tenants.
(f) The department shall assist sponsor organizations in assessing technology options and identifying qualified contractors to carry out the retrofits. The department shall work with the department of public utilities and other state agencies to provide a single application process for sponsor organizations, building owners, and tenants to qualify for all applicable energy efficiency, clean heating, clean cooking, and renewable electricity financial assistance programs offered by the commonwealth, electric and gas distribution companies, and municipal aggregators with certified clean energy plans, and for additional incentives offered by the department through the initiative. The department shall develop incentive structures that encourage property owners to maintain their properties as low-income or moderate-income housing for several years after retrofits are completed. Such incentives may include tenant-owner weatherization agreements.
(g) The department shall set goals for the participation of contractors that are minority business enterprises and women business enterprises in projects funded by the initiative.
(h) The department may cover the costs of pre-weatherization, electrical service upgrades, or other improvements necessary before energy efficiency, clean heating, clean cooking, and renewable electricity upgrades can be completed.
(i) Each sponsor organization shall hold at least one event open to the general public to share the results of the project, and shall make an effort to publicize the results of the project to local news outlets and on social media. Each sponsor organization shall make information about the project available online in the predominant languages spoken in the community, and shall provide interpretation services at the event for non-English speakers. The department shall provide financial assistance for sponsor organizations to pay for interpretation and translation services.
(j) The department shall collect quantitative and qualitative data on the results of the initiative, and publish evaluations no later than 1 year after the end of the second year and every two years thereafter. The evaluations shall consider data on energy savings, utility bill savings, improvements in indoor and outdoor air quality, reductions in greenhouse gas emissions and other pollutants, and improvements in comfort and safety for residents, and identify the most effective retrofit approaches for each housing type. The department shall use appropriate practices to prevent the public disclosure of personally identifying information regarding owners and tenants. The evaluations shall also include data on the participation of contractors that are minority business enterprises and women business enterprises in projects funded by the initiative.
(k) The department shall convene a task force to advise the department on the implementation of this section, including individuals representing the executive office of energy and environmental affairs, department of energy resources, department of public utilities, department of environmental protection, Massachusetts Clean Energy Center, department of housing and community development, executive office of labor and workforce development, and department of public health. The task force shall also include at least 2 low-income or moderate-income residents of qualifying municipalities, and at least 2 representatives of nonprofit organizations headquartered in or with a significant presence in qualifying municipalities. The task force shall hold at least 4 public hearings in qualifying municipalities in the first year after the effective date of this section, and at least 2 public hearings in qualifying municipalities in each subsequent year.
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An Act providing safe homes for all
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S211
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SD1253
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T12:30:29.207'}
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[{'Id': None, 'Name': 'Ted Sullivan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:30:29.2066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S211/DocumentHistoryActions
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Bill
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By Ms. Rausch (by request), a petition (accompanied by bill, Senate, No. 211) of Ted Sullivan for legislation to provide safe homes for all. Consumer Protection and Professional Licensure.
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SECTION 1. Chapter 93A of the General Laws is hereby amended by adding the following section:
Section 12. (a) Every licensed building contractor who renovates or remodels a house or condominium that they own and later sell in the Commonwealth of Massachusetts shall be deemed to have made an Implied Warranty of Habitability to the purchaser of the property.
(b) The Implied Warranty of Habitability shall be deemed to be a part of every such contract and shall be enforceable by the purchaser of the property, regardless of whether the warranty is expressly set forth in the contract.
(c) The Implied Warranty of Habitability shall require the licensed building contractor to renovate or remodel the property in a manner that is fit for human habitation and complies with all applicable building codes and regulations, just as builder/vendors of new houses and condominiums and landlords are required to do.
(d) The Implied Warranty of Habitability shall apply for three years from date of sale of the renovated/remodeled house or condominium by the Commonwealth licensed contractor. No parties involved in the transaction have the power to void or overlook this warranty.
(e) Any licensed building contractor who breaches the Implied Warranty of Habitability shall be liable to the purchaser of the property for all damages arising from the breach, including, but not limited to, damages for personal injury, property damage, and consequential damages.
(f) The remedies provided for in this section shall be in addition to any other remedies available to the purchaser of the property under the law, including, but not limited to, the provisions of Chapter 93A.
(g) The Legislature 6-year “statute of repose” defense for Chapter 93A if licensed home improvement contractors who do not obtain the required inspections and permits on properties they renovate and later sell to 6-year from date of sale. Otherwise, there is no reasonable way to discover dangerous electrical, gas or structural that are hidden behind walls or ceilings nor to determine the actual date of the renovation/remodeling occurred since there is no record. A date of sale could easily be established from the Registry of Deeds.
There would be no change to the 6-year “statute of repose for contractors who properly obtained the required inspections and permits.
SECTION 2. This act shall take effect upon its passage.
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An Act relative to fusion energy
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S2110
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SD1317
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T14:11:53.88'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T14:11:53.88'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2110/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2110) of John J. Cronin for legislation relative to fusion energy. Telecommunications, Utilities and Energy.
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SECTION 1. Section 11F of chapter 25A of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking out the words “or (9) geothermal energy” in line 44 and inserting in place thereof the following:- (9) geothermal energy; or (10) fusion energy
SECTION 2. Said section 11F of chapter 25A, as so appearing, is hereby amended by striking out the words “or (9) geothermal energy” in line 86 and inserting in place thereof the following:- (9) geothermal energy; or (10) fusion energy
SECTION 3. Section 1 of chapter 164 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by inserting the following after the definition of “FERC”:-
“Fusion energy”, energy generated when nuclei from light atoms, such as hydrogen, combine to form a single heavier one, such as helium.
SECTION 4. Said section 1 of chapter 164, is hereby further amended by inserting after the word “hydroelectric” in line 286 the following words:- ; fusion energy
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An Act to enhance municipal choice and provide affordable electricity options
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S2111
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SD1752
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:33:29.647'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-19T20:33:29.6466667'}]
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 2111) of John J. Cronin relative to the establishment of municipal lighting authorities. Telecommunications, Utilities and Energy.
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SECTION 1. Section 19 of chapter 25 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “plant”, in line 3, the following words:- formed prior to December 31, 2024.
SECTION 2. Said section 19 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “companies”, in line 6, the following words:- , participating municipal lighting plants.
SECTION 3. Section 20 of said chapter 25, as so appearing, is hereby amended by inserting after the word “plant”, in line 3, the following words:- formed prior to December 31, 2022.
SECTION 4. Said section 20 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “ plant”, in line 11, the following words:- formed prior to December 31, 2022.
SECTION 5. Section 21 of said chapter 25, as so appearing, is hereby amended by inserting after the word “companies”, in line 10, the following words:- , municipal light plants formed after December 31, 2022.
SECTION 6. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “companies”, in line 92, the following words:- , municipal light plants.
SECTION 7. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “companies”, in line 96, the following words:- , municipal light plants.
SECTION 8. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “companies”, in line 98, the following words:- , municipal light plants.
SECTION 9. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “companies”, in line 101, the following words:- , municipal light plants formed after December 31, 2022.
SECTION 10. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “companies”, in line 109, the following words:- and municipal light plants.
SECTION 11. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “company”, in line 116, the following words:- , municipal light plant.
SECTION 12. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “company”, in line 122, the following words:- , municipal light plant.
SECTION 13. Said section 21 of said chapter 25, as so appearing, is hereby further amended by inserting after the word “company”, in line 127, the following words:- , municipal light plant.
SECTION 14. Section 1B of chapter 164 of the General Laws, as so appearing, is hereby amended by inserting, after the word “affected”, in line 10, the following words:-
; provided, however, that the purchase by a municipality or cooperative of a plant from a distribution company shall transfer all rights and obligations established in this section to the municipal lighting plant of the purchasing municipality or cooperative.
SECTION 15. Said chapter 164 is hereby amended by striking out section 43and inserting in place thereof the following section:-
Section 43. (a) If a municipality that votes to establish a municipal lighting plant fails, within 150 days from the passage of the final vote required by section 35 or 36, to agree with a distribution company currently serving such municipality as to price or as to the property to be included in the purchase, the municipality may apply to the department within 180 days after the expiration of the 150 days for review of the feasibility of the municipality’s acquisition of the property. The municipality’s filing shall include:
(1) an outline of the property the municipality wishes to acquire;
(2) a projection of purchase price of the property;
(3) a projection of total costs of establishing the municipal lighting plant;
(4) a financing plan to cover the purchase price, including a description of municipality’s bonding ability;
(5) pro forma income statement and balance sheet for the municipal lighting plant;
(6) the options for governance of the municipal lighting plant approved or anticipated by the municipality; and
(7) a projection of electric rates to be charged by the municipal lighting plant.
(b) The department may investigate the feasibility of the municipality’s proposed acquisition, and shall, within 180 days of the filing and after notice and a public hearing, issue a report regarding the feasibility of the municipality’s filing; provided, however, that the department shall not be required to issue more than 3 such reports in any contiguous 12-month period. Any reports that are not issued within 180 days of the filing shall be issued in the order of the filings. If multiple municipalities file with the stated intent of establishing a joint or cooperative system of municipal lighting plants, the department shall process such filings simultaneously, to the extent possible. The department shall transmit its report to the distribution company, the clerk of each municipality and the department of energy resources. The department shall report to the general court the results of its findings and file such reports with the clerks of the house of representatives and the senate, who shall forward the same to the joint committee on telecommunications, utilities and energy. The department may assess reasonable fees to fund its responsibilities under this subsection from each municipality submitting a filing for a proposed acquisition.
(c) Upon the issuance of the department’s report, the municipality may seek determination as to what property ought in the public interest to be included in the purchase and what price should be paid, which shall be based on the standard formula developed by the department in subsection (d). The value shall be estimated without enhancement on account of future earning capacity or good will or of exclusive privileges derived from rights in the public ways. The price shall include damages, if any, which the department finds would be caused by the severance of the proposed purchase property from other property of the owner, including: (1) stranded costs; (2) capital costs of infrastructure reconfiguration or additions caused by the severance; (3) engineering costs; and (4) any other costs incurred in preparing for the reconfiguration and the sale. The property shall include the portion of the property within the limits of the municipality as is suitable for, and shall be used in connection with, the distribution of electricity within such limits. If any such property is subject to any mortgages, liens or other encumbrances, the department in making its determination shall provide for the deduction or withholding from the purchase price, pending discharge, of such sum or sums as it deems proper. The department may assess reasonable fees to fund its responsibilities under this subsection from each municipality seeking such determination for a proposed acquisition.
(d) No later than December 31, 2022 the department shall develop a standard formula used to determine the value of property, including any jointly-owned poles or other facilities shared with other public utilities, to be purchased by any municipality seeking to establish a municipal lighting plant under this section. The formula shall be used by the department in all determinations of property value performed under subsections (c) and (g); provided, however, that the department may make reasonable exceptions to the formula in specific transactions.
(e) The department, after notice to the parties to the proposed acquisition, shall give a hearing on the proposed acquisition and make the determination described in subsection (c) not more than 180 days after the date of the municipality’s application.
(f) Not more than 60 days after the department makes the determination described in subsection (c), the distribution company shall tender to the municipality’s clerk a copy of a good and sufficient deed of conveyance for the property to be purchased and place the deed in escrow. The municipality shall have not more than 300 days after the date of tender in which to accept or reject the tender and, if accepting, to pay to the distribution company the price determined by the department. In the case of a city, the city council shall vote to accept or reject the tender and a majority of the voters at an annual or special city election shall ratify the city council vote. In case of a town, a town meeting or a town officer or body to which the town meeting delegates authority shall vote to accept or reject the tender and a majority of voters at an annual or special town election shall ratify the vote.
(g) In connection with the exercise by a municipality of the option to purchase a utility plant pursuant to this section, the municipality may elect to assume responsibilities for maintenance, placement and removal of jointly-owned poles or other facilities shared with other public utilities or to purchase such facilities at a price set by the department based on the standard formula established in subsection (d). Except where the municipality makes such election, the municipality shall assume the rights and obligations of the previous owner with respect to any person other than the distribution company controlling or using the poles, conduits or other jointly-owned or joint-use facilities, property and rights; provided, that in the assumption of the rights and obligations of the previous owner by a municipality, the municipality shall in no way or form restrict, impede or prohibit access that other parties would enjoy under the previous ownership.
(h) A municipal lighting plant established pursuant to this section shall file with the department a plan for supporting development of renewable and alternative energy production comparable to the magnitude of such support achieved under: (1) sections 138 to 143, inclusive, (2) sections 11F and 11F½ of chapter 25A and (3) section 83 of chapter 169 of the acts of 2008. Following department approval of such plan, the municipal lighting plant shall implement the plan and report annually to the department regarding implementation.
(i) The department shall not allow any costs of the incumbent distribution company in connection with the proceedings described in this section as a cost of service in excess of the costs reasonably necessary to provide information, negotiate necessary contractual arrangements and represent the interests of the remaining ratepayers in designing any severance plan required.
(j) If, at the time of purchase of the distribution equipment by a municipality, the distribution company has unfunded liabilities for pensions and other post-retirement benefits that would be recovered through distribution rates, the department shall determine the fair share of such liabilities attributable to the distribution system to be acquired by the municipality and the method by which the municipal lighting plant shall compensate the distribution company for that fair share.
(k) To the extent that the distribution company has entered into any long term contracts for renewable energy pursuant to section 83 of chapter 169 of the acts of 2008 prior to the date of the acquisition, the municipality acquiring any electric distribution facilities pursuant to this section shall be required to assess its distribution customers an equivalent charge in distribution rates to cover its proportionate share of the monthly costs of such contracts, as would have been charged to the electric distribution customers in such municipality had the acquisition not occurred. Such amounts collected shall then be remitted to the electric distribution company within 30 days of being invoiced by the electric distribution company.
(l) The department shall report to the joint committee on telecommunications, utilities and energy annually on the operation of this section, including a summary of activity under this section and any recommendations for amending the section.
SECTION 16. Section 47A of said chapter 164, as so appearing, is hereby amended by inserting after the word “law”, in line 2, the following words:- formed prior to December 31, 2022.
SECTION 17. Said section 47A of said chapter 164, as so appearing, is hereby further amended by inserting after the word “law”, in line 7, the following words:- formed prior to December 31, 2022.
SECTION 18. Said section 47A of said chapter 164, as so appearing, is hereby further amended by adding the following subsection:-
(g) Any municipal light plant formed after December 31, 2022, shall submit to the department a plan for allowing its retail customers a competitive choice of generation supply. The plan shall allow a customer purchasing competitive generation supply at the plan’s effective date to continue such purchase and shall regulate migration of customers to and from competitive service only as necessary to protect the financial integrity of the municipal light plant while providing power to municipal-utility generation customers at the lowest feasible stable prices.
SECTION 19. Said chapter 164 is hereby amended by inserting after section 56E the following section:-
Section 56F. The department may promulgate rules and regulations to establish service quality standards for municipal light plants formed after December 31, 2022, including, but not limited to, standards for customer satisfaction, service outages, distribution facility upgrades, repairs and maintenance, telephone service, billing service and public safety provided. Each municipal light plant formed after December 31, 2022 shall file a report with the department by March first of each year comparing its performance during the previous calendar year to the department's service quality standards and any applicable national standards as may be adopted by the department.
SECTION 20. The executive office of energy and environmental affairs may to adopt rules and regulations necessary to carry out the requirements of this act.
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An Act relative to improving reliability and resiliency of electricity distribution infrastructure
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S2112
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SD1557
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{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T17:39:15.937'}
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[{'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-01-19T17:39:15.9366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-22T13:55:52.7866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2112/DocumentHistoryActions
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Bill
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By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2112) of Julian Cyr and Lindsay N. Sabadosa for legislation to improve reliability and resiliency of electricity distribution infrastructure. Telecommunications, Utilities and Energy.
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Notwithstanding any general or special law to the contrary, upon the undertaking of a significant project on a public way exposing wastewater infrastructure, and with sufficient notice, a municipality or the commonwealth shall submit written notification of the project to the electrical utility. The utility shall survey the project area for the reliability of electrical distribution lines and review repair and replacement schedules for electrical lines in the project area. The utility shall also assess the resiliency of electrical transmission lines relative to climate resiliency, including but not limited to impacts from coastal storms. The electrical utility shall provide the repair and replacement schedule of transmission lines to the municipality or the commonwealth.
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An Act relative to energy facilities siting improvement to address environmental justice, climate, and public health
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S2113
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SD505
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T11:04:51.12'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-13T11:04:51.12'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T16:23:43.8633333'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-23T14:31:34.14'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T12:26:54.9833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:26:35.59'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:26:26.59'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T13:28:36.78'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T11:38:51.0933333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T10:22:05.19'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T10:21:36.2666667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-10T09:05:03.8366667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-10T09:04:30.5566667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T09:03:57.8733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:47:51.8666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-21T11:12:46.7733333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-02-23T15:07:10.45'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T17:04:34.5933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T13:06:51.6533333'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-05-01T12:49:08.2333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T17:26:00.47'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2113/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2113) of Sal N. DiDomenico, Lydia Edwards, Liz Miranda, Vanna Howard and other members of the General Court for legislation relative to energy facilities siting reform to address environmental justice, climate, and public health. Telecommunications, Utilities and Energy.
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SECTION 1. Section 69J¼ of Chapter 164 is amended by inserting the following two paragraphs after the first paragraph:-
Prior to an applicant submitting a petition to construct a facility or generating facility pursuant to this section or petition for construction pursuant to Section 69J or petition for construction of transmission lines pursuant to Section 71, a petitioner must develop a preliminary project statement about the facility that includes detailed information about the need, public health, environmental, and climate risks and burdens, environmental, energy, economic, and health benefits for communities within five miles of the facility. As part of this statement, the applicant must identify the location of all environmental justice populations within five miles of the facility. The project statement shall include a statement of reasonable alternatives, such as different designs and locations to avoid and minimize damage to the environment and public health. Prior to filing a petition to the siting board, the preliminary project statement shall be shared with community-based organizations, elected officials, and civic organizations who will potentially be impacted by the project located within five miles, posted to a public website, and translated into multiple languages, as relevant to the local populations. Within 30 days of submitting that statement, the project proponent shall invite community-based organizations, local elected officials, the director of environmental justice at the executive office of energy and environmental affairs, and director of the energy facilities siting board to a meeting to review the proposed project. An applicant shall make adjustments to the project that address environmental justice population concerns about safety, public health, location, or mitigation, or abandon plans to file its petition to the board. These tasks may be satisfied through procedures completed during environmental review pursuant to chapter 30, sections 61 through 62H. The Secretary of the Executive Office of Energy and Environmental Affairs, through a Massachusetts Environmental Policy Act Certificate shall determine whether an applicant made adjustments to the project that address environmental justice population concerns about safety, public health, location, or mitigation.
SECTION 2. Section 69H of chapter 164 shall be amended by striking the first paragraph and replacing it with the following two paragraphs:- "There is hereby established an energy facilities siting board within the department, but not under the supervision or control of the department. Said board shall implement the provisions contained in sections 69H to 69Q, inclusive, so as to provide a reliable energy supply for the commonwealth with a minimum impact on the environment and public health, and with a minimum impact on the overall well-being of residents located within two miles of the project at the lowest possible cost after these impacts are considered. To accomplish this, the board shall review the historic impacts of nearby industrial operations and undesirable land uses on environmental justice populations, environmental, climate, and public health impacts, the need for and the cost of transmission lines, natural gas pipelines, facilities for the manufacture and storage of gas, and oil facilities; provided, however, that the board shall review only the environmental impacts of generating facilities, consistent with the commonwealth’s policy of allowing market forces to determine the need for and cost of such facilities. Such reviews shall be conducted consistent with section 69J1/4 for generating facilities and with section 69J for all other facilities. Before approving the construction, operation and/or alteration of facilities, the board shall determine whether cost-effective efficiency and conservation opportunities provide an appropriate alternative to the proposed facility. All petitions shall (a) demonstrate to the board that the planning, design, engineering and specifications for the project include adaptation measures sufficient to address climate risks that will arise over the economic life of the project or the term of financing, whichever is longer, based on the best available climate science; and (b) disclose in all design engineering, architectural, or other drawings the climate assumptions used in evaluating and addressing climate risks. It shall be the policy of the Commonwealth to minimize the negative impacts of climate change and the energy transition on environmental justice populations and prioritize renewable energy and climate adaptation investment in these areas."
SECTION 3. Section 69H of chapter 164 shall be amended by removing the second paragraph and replacing it with the following paragraph:- "The board shall be composed of the secretary of energy and environmental affairs, who shall serve as chairperson, the secretary of housing and economic development, the commissioner of the department of environmental protection, the commissioner of the division of energy resources, 2 commissioners of the commonwealth utilities commission, or the designees of any of the foregoing, and 5 public members to be appointed by the governor for a term coterminous with that of the governor, 1 of whom shall be experienced in environmental issues, 1 of whom shall be experienced in labor issues, 1 of whom shall be experienced in energy issues, and 2 of whom shall be experienced in community issues associated with the siting of energy facilities with at least of one these members who resides in an environmental justice population and has experience with environmental justice principles and at least one of these members who is a tribal representative or representative of an Indigenous organization. The board shall not include as a public member any person who receives, or who has received during the past two years a significant portion of his or her 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 shall 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, the governor shall appoint a successor, following consultation with the environmental justice council as required by section 62K of chapter 30, for the unexpired portion of the term. When appointing new members to the board, the governor shall ensure that at least two members have expertise in the siting of renewable energy generating facilities and energy storage systems. No person shall be appointed to serve more than two consecutive full terms."
SECTION 4. Section 69J¼ of chapter 164 shall be amended by striking the third paragraph and replacing it with 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; (ii) a description of the environmental impacts and the costs associated with the mitigation, control, or reduction of the environmental impacts of the proposed generating facility; (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) an environmental justice impact statement detailing all potential impacts to environmental justice populations as defined in section 62 of chapter 30 and comparing the proposed site to other potential sites that do not impact environmental justice populations; (vi) impacts of the facility with respect to mitigating climate change; (vii) plans for the facility to adapt to a changing climate including current and future flooding, storm surges, and sea level rise; (viii) public health impacts of the proposed facility; (ix) a cumulative impact assessment that considers an exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from any environmental pollution emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and (x) any other information necessary to demonstrate that the generating facility meets the requirements for approval specified in this section."
SECTION 5. Section 69J¼ of chapter 164 shall be amended by striking the fifth and sixth paragraphs and replacing them with the following two paragraphs:- "The board shall approve a petition to construct a generating facility only if the board determines that the petition meets all of the following requirements: (i) the description of the proposed generating facility and its environmental impacts are substantially accurate and complete; (ii) the description of the site selection process used is accurate; (iii) the plans for the construction of the proposed generating facility are consistent with current health, environmental protection, climate, and environmental justice policies of the commonwealth and with such policies as are adopted by the commonwealth for the specific purpose of guiding the decisions of the board; (iv) such plans minimize the environmental impacts consistent with the minimization of costs associated with the mitigation, control, and reduction of the environmental impacts of the proposed generating facility; (v) the environmental justice impact statement demonstrates a finding of environmental and energy benefits to the impacted environmental justice populations without environmental or energy burdens; (vi) the cumulative impact assessment demonstrates that there is no adverse public health, environmental, or climate impact to the impacted communities; and (vii) if the petitioner was required to provide information on other fossil fuel generating technologies, the construction of the proposed generating facility on balance contributes to a reliable, low-cost, diverse, regional energy supply with minimal environmental impacts that will contribute to the commonwealth achieving its climate targets pursuant to chapter 21N. The board may, at its discretion, evaluate alternative sites for a generating facility if the applicant or resident living within two miles of the facility requests such an evaluation, or if such an evaluation is an efficient method of administering an alternative site review required by another state or local agency. Nothing in this chapter shall be construed as requiring the board to make findings regarding alternative generating technologies for a proposed generating facility whose expected emissions meet the technology performance standard in effect at the time of filing.
The board shall, after review of the environmental justice impact statement, deny a petition for a new facility or for the expansion of an existing facility, or apply new conditions to the renewal of an existing facility’s approval, upon a finding that approval of the petition, as proposed, would, together with other environmental, climate, or public health stressors affecting the environmental justice population, cause or contribute to adverse cumulative environmental, climate, or public health stressors in the overburdened community that are higher than those borne by other communities within the Commonwealth or other geographic unit of analysis as determined by the executive office of energy and environmental affairs pursuant to rule, regulation, or guidance. The board may, after review of the environmental justice impact statement, deny a petition for a renewable energy-powered facility, associated ancillary structure, or for the expansion of an existing renewable energy-powered facility, associated ancillary structure, or apply new conditions to the renewal of an existing facility’s approval, upon a finding that approval of the petition, as proposed, would, together with other environmental, climate, or public health stressors affecting the environmental justice population, cause or contribute to adverse cumulative environmental, climate, or public health stressors in the overburdened community that are higher than those borne by other communities within the Commonwealth or other geographic unit of analysis as determined by the executive office of energy and environmental affairs pursuant to rule, regulation, or guidance.
The board shall have the authority to adopt regulations establishing programs to achieve emissions reductions, climate adaptation, and environmental justice for the locations selected using the most cost-effective measures identified. The board shall promulgate regulations that establish timelines for reviewing a petition such that: (i) a generating facility that is powered by fossil fuels has the longest period of time for going through the adjudicatory process; (ii) an energy storage system or ancillary structure has a shorter period of time for going through the adjudicatory process; and (iii) a generating facility that is powered by solar, wind, or geothermal energy has the shorted period of time for going through the adjudicatory process. The Siting Board shall promulgate regulations that define a generating facility that is powered by renewable energy and ensure that the lifecycle of emissions and impacts are considered such that technologies that have a lifecycle of emissions and impacts that create environmental burdens shall not be defined as renewable energy."
SECTION 6. Section 69J of chapter 164 shall be amended by striking the third through sixth paragraphs and replacing them with the following paragraphs:- "A petition to construct a facility shall include, in such form and detail as the board shall from time to time prescribe, the following information: (1) a description of the facility, site and surrounding areas; (2) an analysis of the need for the facility to benefit local energy needs within the commonwealth; (3) 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, including renewable sources of energy, or a reduction of requirements through load management; (4) a description of the environmental impacts of the facility; (5) an environmental justice impact statement detailing all potential impacts to environmental justice populations as defined in section 62 of chapter 30 and comparing the proposed site to other potential sites that do not impact environmental justice populations; (6) impacts of the facility with respect to mitigating climate change; (7) plans for the facility to adapt to a changing climate including current and future flooding, storm surges, and sea level rise; (8) public health impacts of the proposed facility; and (9) a cumulative impact assessment that considers an exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from any environmental pollution emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area. The board shall be empowered to issue and revise filing guidelines after public notice and a period for comment. A minimum of data shall be required by these guidelines from the applicant for review concerning land use impact, water resource impact, air quality impact, solid waste impact, radiation impact, public health impact, environmental justice impact, and noise impact.
The board shall conduct a public hearing on every petition to construct a facility or notice of intention to construct an oil facility within six months of the filing thereof. Such hearing shall be an adjudicatory proceeding under the provisions of chapter thirty A. In addition, a public hearing shall be held in each neighborhood in which a facility would be located or in which an oil facility contained in a notice of intention to construct such facility is located, except that a public hearing shall not be required in a locality containing a proposed site if such a hearing has already been held in regard to that particular facility on that particular site in conjunction with a previously filed petition. The public hearing shall ensure language access, including simultaneous language interpretation in the languages spoken by a significant proportion of the population in the neighborhood of the proposed facility, that allows residents and other attendees to understand others’ comments and that allows members of the department to understand speakers’ comments. The board shall approve a petition to construct a facility only if it determines that it meets the following requirements: all information relating to current activities, environmental impacts, facilities agreements and energy policies as adopted by the commonwealth is substantially accurate, based on information that is no later than three years old, and complete; projections of the demand for electric power, or gas requirements and of the capacities for existing and proposed facilities are based on substantially accurate historical information and reasonable statistical projection methods and include an adequate consideration of conservation and load management; provided, however, that the department or board shall not require in any gas forecast or hearing conducted thereon the presentation of information relative to the demand for gas; projections relating to service area, facility use and pooling or sharing arrangements are consistent with such forecasts of other companies subject to this chapter as may have already been approved and reasonable projections of activities of other companies in the New England area; plans for expansion and construction of the applicant's new facilities are consistent with current health, environmental protection, and resource use and development policies as adopted by the commonwealth; the environmental justice impact statement demonstrates a finding of environmental and energy benefits to the impacted environmental justice populations without any environmental or energy burdens; the cumulative impact assessment demonstrates that there is no adverse public health, environmental, or climate impact to the impacted communities; are consistent with the policies stated in section sixty-nine H to provide a necessary energy supply for the commonwealth with a minimum impact on the environment at lowest possible cost; and in the case of a notice of intent to construct an oil facility, that all information regarding sources of supply for such facility and financial information regarding the applicant and its proposed facility are substantially accurate and complete; that it is satisfied as to the adequacy of the applicant's capital investment plans to complete its facility; the long term economic viability of the facility; the overall financial soundness of the applicant; in the case of an oil facility, the qualification and capability of the applicant in the transshipment, transportation, storage, refining and marketing of oil or refined oil products; that plans including buffer zones or alternatives thereto for the applicant's new facility are consistent with current health, environmental protection and resource use and development policies as adopted by the commonwealth.
If the board determines the standards set forth above have not been met, it shall reject in whole or in part the petition, setting forth in writing its reasons for such rejections, or approve the petition subject to stated conditions. In the event of rejection or conditioned approval, the applicant may within six months submit an amended petition. A public hearing on the amended petition shall be held on the same terms and conditions applicable to the original petition. The board shall, after review of the environmental justice impact statement, deny a petition for a new facility or for the expansion of an existing facility, or apply new conditions to the renewal of an existing facility’s approval, upon a finding that approval of the petition, as proposed, would, together with other environmental, climate, or public health stressors affecting the environmental justice population, cause or contribute to adverse cumulative environmental, climate, or public health stressors in the overburdened community that are higher than those borne by other communities within the Commonwealth or other geographic unit of analysis as determined by the executive office of energy and environmental affairs pursuant to rule, regulation, or guidance.
The board and department of public utilities shall have the authority to adopt regulations establishing programs to achieve emissions reductions for the locations selected using the most cost-effective measures identified.
Prior to constructing an oil facility or commencement of construction of a facility for the refining of oil designed so that more than thirty-five percent of its output could be gasoline or refined oil products lighter than gasoline and prior to filing an environmental notification form or environmental impact report pursuant to chapter 30, sections 61 through 62H, an applicant must prepare a preliminary project statement that shall be shared with the director of environmental justice at the executive office of energy and environmental affairs, energy facilities siting board director, posted to a public website, and translated into multiple languages, as relevant to the local population. Within 30 days of submitting that statement, the project proponent shall invite civic, community-based organizations, local elected officials, and the director of environmental justice at the executive office of energy and environmental affairs to review the proposed project. An applicant shall make adjustments to the project or consider alternate locations that address community concerns about safety, public health, or climate or abandon plans to file its petition to the board. If an applicant makes an adjustment or considers alternate locations, it must send a written summary of these changes to the director of environmental justice at the executive office of energy and environmental affairs. Subsequent to the preliminary project statement and public outreach, the applicant must file a notice of intention to construct such facility with the board. Such notice shall include in such form and detail as the board shall reasonably prescribe, in addition to a detailed description of the proposed facility and site, the following information for the region expected to be served by the oil facility:
(1) A description of the applicant's current activities involving the transshipment, transportation, storage, or refining of oil or refined oil products and all anticipated impacts to environmental justice populations.
(2) A description of the applicant's qualification and capability in transshipment, transportation, storage, refining and marketing of oil or refined oil products.
(3) An analysis of the proposed facility including but not limited to the description of alternatives to the planned action, such as other site locations, other oil facilities, and no additional oil facilities; a description of the environmental impact of the proposed facility, said description to include buffer zones and other measures to minimize damage to the environment; all potential impacts to environmental justice populations; impacts of the facility with respect to mitigating climate change; plans for the facility to adapt to a changing climate including current and future flooding, storm surges, and sea level rise; public health impacts of the proposed facility; and a cumulative impact assessment that considers an exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from any environmental pollution emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and a facility is required to meet local energy use needs and that such need cannot be accomplished through less harmful means. The board shall after public notice and a period for comment be empowered to issue and revise its own list of guidelines. A minimum of data shall be required by these guidelines from the applicant for review concerning land use impact, water resource impact, air quality impact, solid waste impact, radiation impact, public health impact, environmental justice impact, and noise impact.
(4) A description of proposed sources of supply of crude oil or refined oil products for the oil facility which is the subject of the notice; if such sources are persons not controlled by the applicant, certified copies of any contracts, letters of intent or any other understandings.
(5) A description of the capital investment plan proposed for such facility, and the overall financial soundness of the company and economic viability of the facility, including insurance coverage during construction and operation."
SECTION 7. Section 69I of chapter 164 is hereby amended by adding the following paragraph:- "A project proponent shall publicly disclose energy load forecast data that demonstrates the local need for the facility to ensure reliability. Long-range forecasts must demonstrate local need for a generating facility at particular facility locations."
SECTION 8. Section 69G of chapter 164 shall be amended to include the following definition for “public hearing”:- “Public hearing” means a hearing to discuss a proposed project that shall ensure language access, including simultaneous language interpretation in the languages spoken by a significant proportion of the population in the neighborhood of the proposed facility, that allows residents and other attendees to understand others’ comments and that allows members of the department, board members, and attendees to understand speakers’ comments."
SECTION 9. Section 69G of chapter 164 shall be amended to strike the existing definition for “generating facility” and replace it with the following definition:- “Generating facility,” any generating unit designed for or capable of operating at a gross capacity of 35 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities."
SECTION 10. Section 69K of chapter 164 shall be amended to strike the fifth paragraph and replace it with the following paragraph:- “A certificate shall be issued only in accordance with the provisions of sections sixty-nine K to sixty-nine O, inclusive. Notwithstanding the provisions of any other law to the contrary, a certificate may be so issued only if the facility does not create greenhouse gas emissions that would cause or contribute to the Commonwealth not meeting its climate mandates under chapter 21N or environmental burdens on an environmental justice population as defined by section 62 of chapter 30. If 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 facility 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 which would delay or prevent the construction, operation or maintenance of such facility; provided, however, that the 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 which would otherwise be necessary for the construction and operation of the facility and that portion of the certificate which 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. The board shall promulgate detailed regulations that describe the timing for review of a certificate pursuant to this section, contents of the petition, and procedures to engage with environmental justice populations and other stakeholders prior to and throughout the proceeding.”
SECTION 11. Section 62K1/2 of chapter 164 shall be amended to strike the third paragraph and replace it with the following paragraph:- "A certificate shall be issued only in accordance with the provisions of sections 69K to 69O1/2, inclusive. Notwithstanding the provisions of any other law to the contrary, a certificate may be so issued only if the generating facility does not generate greenhouse gas emissions that would cause or contribute to the Commonwealth not meeting its climate mandates under chapter 21N or environmental burdens on an environmental justice population as defined by section 62 of chapter 30.; 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 generating facility 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 which would delay or prevent the construction, operation, or maintenance of such generating facility; provided, however, that the 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 which would otherwise be necessary for the construction and operation of the generating facility, and that portion of the certificate which 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. The board shall promulgate detailed regulations that describe the timing for review of a certificate pursuant to this section, contents of the petition, and procedures to engage with environmental justice populations and other stakeholders prior to and throughout the proceeding."
SECTION 12. Section 69L of chapter 164 shall be amended to add the following paragraph after section (5):-
"(6) An environmental justice impact statement shall include a description of the environmental impact of the proposed facility, said description to include buffer zones and other measures to minimize damage to the environment; all potential impacts to environmental justice populations; impacts of the facility with respect to mitigating climate change; plans for the facility to adapt to a changing climate including current and future flooding, storm surges, and sea level rise; public health impacts of the proposed facility; and a cumulative impact assessment that considers an exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from any environmental pollution emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and a facility is required to meet local energy use needs and that such need cannot be accomplished through less harmful means. The board shall after public notice and a period for comment be empowered to issue and revise its own list of guidelines. A minimum of data shall be required by these guidelines from the applicant for review concerning land use impact, water resource impact, air quality impact, solid waste impact, radiation impact, public health impact, environmental justice impact, and noise impact."
SECTION 13. Section 69L1/2 of chapter 164 shall be amended to add the following paragraph after section (5):
"(6) An environmental justice impact statement shall include a description of the environmental impact of the proposed facility, said description to include buffer zones and other measures to minimize damage to the environment; all potential impacts to environmental justice populations; impacts of the facility with respect to mitigating climate change; plans for the facility to adapt to a changing climate including current and future flooding, storm surges, and sea level rise; public health impacts of the proposed facility; and a cumulative impact assessment that considers an exposure, public health or environmental risk, or other effect occurring in a specific geographical area, including from any environmental pollution emitted or released routinely, accidentally, or otherwise, from any source, and assessed based on the combined past, present, and reasonably foreseeable emissions and discharges affecting the geographical area; and a facility is required to meet local energy use needs and that such need cannot be accomplished through less harmful means. The board shall after public notice and a period for comment be empowered to issue and revise its own list of guidelines. A minimum of data shall be required by these guidelines from the applicant for review concerning land use impact, water resource impact, air quality impact, solid waste impact, radiation impact, public health impact, environmental justice impact, and noise impact."
SECTION 14. Section 69O of chapter 164 shall be amended to strike the first paragraph and replace it with the following paragraph:- "The board shall by a majority vote render a decision upon the petition either by denying the petition or by granting the petition, or by granting the petition subject to such terms and conditions as the board may determine. Neither the board nor any other person shall be bound by the requirements of section sixty-one to sixty-two H, inclusive, of chapter thirty to the extent that compliance with said requirements will prevent the board from rendering a decision upon the petition within the time limits of this section. The Siting Board shall promulgate regulations that establish timelines for reviewing a petition for a certificate of public interest such that: (i) a generating facility that is powered by fossil fuels has the longest period of time for going through the adjudicatory process; (ii) an energy storage system or ancillary structure has a shorter period of time for going through the adjudicatory process; and (iii) a generating facility that is powered by renewable energy has the shorted period of time for going through the adjudicatory process. The Siting Board shall promulgate regulations that define a generating facility that is powered by renewable energy and ensure that the lifecycle of emissions and impacts are considered such that technologies that have a lifecycle of emissions and impacts that create environmental burdens shall not be defined as renewable energy."
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An Act relative to the proper disposal of miniatures
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S2114
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SD779
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T12:23:26.34'}
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[{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-11T12:23:26.34'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T14:26:46.5233333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-01-24T14:21:51.0366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T11:41:17.2233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2114/DocumentHistoryActions
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Bill
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By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2114) of Sal N. DiDomenico, Jack Patrick Lewis and John C. Velis for legislation relative to the proper disposal of miniatures. Telecommunications, Utilities and Energy.
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SECTION 1. Section 321 of chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definitions of “Beverage” and “Beverage container” and inserting in place thereof the following two definitions:-
“Beverage”, soda water or similar carbonated soft drinks, mineral water, alcoholic beverages sold in a miniature and beer and other malt beverages, but shall not include alcoholic beverages other than beer and malt beverages as defined in chapter 138 and alcoholic beverages sold in a miniature, dairy products, natural fruit juices or wine.
“Beverage container”, any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage, including a miniature. This definition shall not include containers made of biodegradable material.
SECTION 2. Said section 321 of said chapter 94 is hereby further amended by inserting after the definition of “Label” the following definition:-
“Miniature”, any sealable bottle, can, jar, or carton which is primarily composed of glass, metal, plastic, or any combination of those materials that has a capacity of not more than 100 milliliters and is produced for the purpose of containing an alcoholic beverage.
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An Act relative to the electrification of new and substantially remodeled or rehabilitated building
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S2115
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SD1651
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T18:40:24.64'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-19T18:40:24.64'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T19:07:29.1233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2115/DocumentHistoryActions
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 2115) of Lydia Edwards and Michael O. Moore for legislation relative to the electrification of new and substantially remodeled or rehabilitated building. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after section 96 the following section:-
Section 96A. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Biolab”, a newly constructed building or substantially remodeled or rehabilitated building or group of buildings having, or designed to have, a laboratory for biological research.
“Carbon Dioxide Equivalent” or “CO2e”, greenhouse gas emissions, including but not limited to carbon dioxide, methane and nitrous oxide, which shall be calculated according to regional energy and greenhouse gas factors as set forth in the United States Environmental Protection Agency’s online tool for reporting and managing building energy data.
“Department”, the department of energy resources.
“Gross building floor area”, the floor area within the inside perimeter of the building’s exterior walls, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or similar features.
“Hospital”, a newly constructed building or substantially remodeled or rehabilitated building or group of buildings having, or designed to have, an institution as defined in section 52 of chapter 111.
“Newly constructed building”, a building that has never before been used or occupied for any purpose.
“Substantially remodeled or rehabilitated”, a renovation that affects 50 per cent or more of the gross building floor area.
(b) Except as provided in this section and notwithstanding any general or special law, code, appendix to any code, ordinance or bylaw or any rule or regulation to the contrary, all newly constructed commercial buildings and substantially remodeled or rehabilitated commercial buildings and newly constructed buildings and substantially remodeled or rehabilitated buildings containing a residential dwelling unit shall use electricity instead of fossil fuels for space heating and cooling; cooking; and clothes drying; and, in the case of hot water, including for pools and spas, shall use electricity or thermal solar.
(c) (1) A newly constructed or substantially remodeled or rehabilitated biolab or hospital, unless granted a waiver pursuant to this section, shall comply with the emissions standards set forth in this subsection.
(2) Any such biolab or hospital shall, not later than the year 2050, have net 0 CO2e emissions.
(3) Any such biolab shall require a heating, ventilation and air conditioning (HVAC) system with a first stage of heating that does not use on-site fossil fuel combustion and which has a minimum heating capacity of 5 British thermal units (Btu) per hour per gross square foot or equal to the building’s design heating load, whichever is lower. Any additional stage of heating capacity above 5 Btu per hour per gross square foot may utilize on-site combustion, but only if the HVAC and building management systems are designed and programmed such that normal operation relies on the non-combustion system to serve all building heating loads as the first stage before using any on-site combustion heating systems to supplement in a subsequent stage.
(4) Any such hospital shall: (i) from the years 2025 to 2029 have CO2e emissions of no greater than 15.4 kilograms of CO2e per square foot per year; (ii) from the years 2030 to 2034 have CO2e emissions of no greater than 10.0 kilograms of CO2e per square foot per year; (iii) from the years 2035 to 2039 have CO2e emissions of no greater than 7.4 kilograms of CO2e per square foot per year; (iv) from the years 2040 to 2044 have CO2e emissions of no greater than 4.9 kilograms of CO2e per square foot per year; and (v) from the years 2045 to 2049 have CO2e emissions of no greater than 2.4 kilograms of CO2e per square foot per year.
(d) The Department shall promulgate regulations regarding implementation of and compliance with this section, including but not limited to the use of renewable energy credits for compliance purposes, and including but not limited to periodic updates of the 5 Btu per hour per gross square foot standard for biolabs.
(e) Nothing in this section shall prevent a municipality from adopting a bylaw or ordinance regarding the reporting and CO2e emissions reduction requirements for existing hospitals, biolabs or other facilities.
(f)The requirements of this section shall not apply to any of the following:
(i) freestanding cooking appliances that are not connected to the building’s natural gas or propane infrastructure;
(ii) freestanding outdoor heating appliances that are not connected to the building’s natural gas or propane infrastructure;
(iii) emergency generators, back-up and stand-by power;
(iv) appliances to produce potable or domestic hot water from centralized hot water systems in buildings with a gross building floor area of at least 10,000 square feet; provided, that the architect, engineer or general contractor on the project certifies by affidavit that no commercially available electric hot water heater exists that could meet the required hot water demand for less than 150 per cent of installation costs, compared to a fossil fuel hot water system.
(g) The department may grant a waiver from the provisions of this section in the event that compliance with this section makes a project impractical to implement or imposes extraordinary challenges. Waiver requests shall be supported by a detailed explanation of the justification for such request and by the applicant’s proposal for limiting emissions to levels consistent with the goals specified in chapter 8 of the acts of 2021.
Waivers may be subject to reasonable conditions. Where possible, waivers shall be issued for specific portions of a project that are impractical to implement or impose extraordinary challenges, rather than for entire projects.
(h) By local bylaw or ordinance, a municipality may impose reasonable penalties for violations of this section.
SECTION 2. The requirements of this act shall take effect on January 1, 2025.
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An Act to reduce greenhouse gas emissions by permitting local option all-electric buildings and homes ordinances
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S2116
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SD144
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:32:07.28'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T09:32:07.28'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-01-11T12:33:48.82'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:21:00.8966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T18:00:33.91'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T10:48:25.83'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2116) of James B. Eldridge, Danillo A. Sena, Lindsay N. Sabadosa and Vanna Howard for legislation to reduce greenhouse gas emissions by permitting local option all-electric buildings and homes ordinances. Telecommunications, Utilities and Energy.
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Chapter 143 of the General Laws is hereby amended by inserting after section 100 the following section:-
LOCAL OPTION FOR ALL-ELECTRIC BUILDINGS AND HOMES.
Section 101. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"All-Electric", the system, building or project uses a permanent supply of electricity or geothermal energy for substantially all sources of energy for space conditioning, including, but not limited to, heating and cooling, water heating (including pools and spas), cooling appliances, clothes drying appliances and cooking equipment. An all-electric system, building or project may include solar thermal collectors, but installs no natural gas, heating oil or propane plumbing or equipment in or in connection with a building or within property lines of the premises, extending from the point of delivery at the gas meter.
"Building", a structure used for support or shelter of any use or occupancy, including, but not limited to, houses, apartment buildings, condominium buildings, office buildings, libraries, recreation centers, museums, airport buildings, public safety buildings, hospitals, clinics, education centers, transportation facilities, cruise ship terminals, marina buildings, convention facilities and other structures.
"Building construction project", any planning, design, building or construction activity, including, but not limited to, demolition, a new building, new construction, major renovation or building additions.
"Natural gas", a type of gas used as a fuel which originates in the ground and is predominantly methane and other hydrocarbons.
"Major renovation", a municipal or private construction project or renovation to an existing structure other than repair and regular maintenance. A major renovation shall include, but is not limited to, the following: a change in use or structural repair to an existing building or facility; remodeling, rehabilitation, reconstruction, historic restoration, changes to the plan configuration of wall and full-height partitions, where the scope of work is sufficient to support LEED certification and extensive enough such that normal building operations cannot be performed while the work is in progress or a new certificate of occupancy or similar official indication that it is fit and ready for use, is required; provided, however, that major renovation shall not include regular maintenance, reroofing, floor covering, painting, wallpapering or changes to mechanical and electrical systems.
“New building”, any new construction that will require heating or cooling and that is associated with a valid building permit application on or after the effective date of this law, including but not limited to, construction (a) on a vacant lot, (b) to replace a demolished building or (c) of a new accessory building constructed on an existing residential or commercial property.
“On-site fossil fuel infrastructure”, an assemblage of materials and equipment, including, but not limited to, pipes, tanks, storage units, valves, gauges and other appurtenances, incorporated in a building or its surrounding premises, designed or to be used for the purpose of supplying fossil fuel to the building and its premises for on-site combustion. Such infrastructure shall include, but not be limited to,: (1) in the case of natural gas, a supply line that runs from the gas meter to the building and its premises, including a gas supply line running directly to a heating system, a water heater, cook stove, clothes dryer or other appliances or equipment; (2) in the case of propane gas, a supply line that runs from a propane tank to appliances or equipment; and (3) in the case of fuel oil, also known as heating oil, a supply line that feeds directly from the tank to a furnace or boiler to produce heat.
(b) (1)Notwithstanding section 7 of chapter 40A, section 13 of chapter 142, sections 93, 94, 95 and 100 of chapter 143 and chapter 164, a new building, a building construction project or a major renovation project for which the building permit application is submitted on or after January 1, 2022 shall be all-electric and shall not possess on-site fossil fuel infrastructure, except as follows:
(2) Natural gas or propane service and plumbing may be installed if necessary for processes or features separate from the operation of systems integral to building functions, including, but not limited to, vehicle fueling and mechanic shop equipment;
(3) Emergency backup electricity generation systems
(c) A city or town may adopt rules to enforce subsection (b), including, but not limited to, imposing appropriate and reasonable fines for said violations.
(d) A city or town that accepts this section may adopt the provisions as stated in subsection (a) through subsection (c). Acceptance of this section shall be: (i) by a majority vote of the city council with the approval of the mayor in the case of a city with a mayor elected to serve as the chief executive officer of the city; (ii) by a majority vote of the city council in every other city; (iii) by a majority vote of the annual town meeting or a special meeting called for that purpose in the case of a municipality with a town meeting form of government; or (iv) by a majority vote of the town council in the case of a municipality with a town council form of government. This section shall take effect on the first day of the calendar quarter following 30 days after its acceptance or on the first day of a later calendar quarter as the city or town may designate
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An Act advancing clean energy, equity, and innovation within municipal utilities
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S2117
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SD151
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:05:30.533'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:05:30.5333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:20:11.72'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T17:59:46.4266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T17:40:36.81'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:15:53.4433333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-26T14:39:08.2866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T10:48:19.0933333'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2117) of James B. Eldridge, Lindsay N. Sabadosa, Vanna Howard, Jack Patrick Lewis and others for legislation to advance clean energy, equity, and innovation within municipal utilities. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 23J of the General Laws is hereby amended by inserting after section 15 the following section: - “Section X. (a) There shall be established and set up on the books of the commonwealth a separate fund known as the Municipal Utility Equity and Innovation Fund to be administered by the center. (b) The center shall make expenditures from the fund for the purpose of providing grants to support municipal utility projects that advance the deployment of clean energy, energy storage, building decarbonization, distribution capacity, integrated resource planning, the retirement of fossil fuel facilities, or peak energy reduction. (c) The center shall prioritize projects that explicitly and directly benefit environmental justice populations as defined in section 62 of chapter 30, low or moderate income housing as defined in section 20 of chapter 40B, or elderly housing as defined in section 1 of chapter 19D to receive grants through this fund. (d) The center shall prioritize projects that advance new, innovative technologies, strategies, and methods to equitably reduce emissions for grants through this fund. (e) The fund's activity shall be included in the annual report required by section 5. The center shall also annually file, no later than October 1 and at least 30 days prior to the expenditure of any funds, a plan detailing the planned uses of funds in the upcoming calendar year with the joint committee on telecommunications, utilities and energy and the house and senate committees on ways and means; provided, however, that in the development of this plan, the center shall hold at least 1 public hearing to solicit stakeholder feedback. (f) Fifty million dollars for the Municipal Utility Equity and Innovation Fund shall be fully incorporated in the general appropriations act not than fiscal year 2024, subject to appropriation. Any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
SECTION 2. Section 11F of chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (i) and inserting in place thereof the following subsections:-
(i) Beginning in the year 2030 and thereafter, municipal lighting plants shall meet the obligations set forth in this section.
(j) $7.5 million shall be allocated from the Municipal Utility Equity and Innovation Fund, subject to appropriation, to directly support qualifying municipal utilities in meeting the obligations set forth in this section by 2030. Qualifying municipal utilities shall either: (a) has an annual load that is less than 20,000 MWh or (b) serve municipalities with a median household income that is below the state’s average median income.
SECTION 3. Section 17 of said chapter 25A is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) Beginning in the year 2030 and thereafter, municipal lighting plants shall meet the obligations set forth in this section
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An Act relative to ensuring gas safety and consumer fairness
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S2118
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SD152
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:34:33.19'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T10:34:33.19'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:27:24.1433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:20:26.4366667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T09:49:25.9233333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:16:04.02'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2118) of James B. Eldridge, Vanna Howard, Lindsay N. Sabadosa, Michael O. Moore and others for legislation to ensure gas safety and consumer fairness. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164, as appearing in the 2018 Official Edition of the General Laws, is hereby amended by inserting after section 94I the following section:-
Section 94J. The department shall disallow allocation to the ratepayer of the cost of any lost and unaccounted for gas as identified and measured pursuant to section 19 of chapter 227 of the Acts of 2018 as coming from leaking infrastructure by January 1, 2025.
SECTION 2. Subsection (b)(2) of section 144 of said chapter 164, as so appearing, is hereby amended by striking out, in line 11, the words “whenever appropriate and feasible,”.
SECTION 3. Said subsection (b)(2) of section 144 of chapter 164, as so appearing, is hereby amended by inserting, in line 12, after the word “notify” the following words:- “within an hour or less of detection”.
SECTION 4. Subsection (b)(3) of said section 144 of chapter 164, as so appearing, is hereby amended by striking out, lines 16 through 22, after the word “future”, and inserting in place thereof the following:- “hazard to be completed as immediately as possible. The gas company shall immediately schedule a completion of repairs, such repair to be completed within 6 months, and the condition of such leak shall be kept under surveillance at a frequency of not less than once every two weeks until the hazard or source of the leak is eliminated. For the purposes of this section, a Grade 2 leak shall include: (i) any leak migrating into the root zone of a tree, defined as co-extensive with the canopy of such tree; (ii) any leak within 10 feet of any foundation or wall; (iii) any gas-in-air reading of up to 1 per cent in any manhole or confined space; (iv) any leak deemed of sufficient magnitude by the fire chief of a municipality to be hazardous or to be a public nuisance; and (v) any gas leak within 150 feet of a school zone, as defined in subsection (d). A gas company shall notify within an hour or less of detection the fire department and chief law enforcement officer in each city or town where a Grade 2 leak is identified.
(A) A municipality or person whose property is alleged to have been damaged by a gas company may submit a claim for such damages with the department, which shall follow the procedures of chapter 30A for the resolution of any such claim.
(B) Any suspected damage to a tree due to a natural gas leak should be reported to the gas company for mandatory inspection by a qualified arborist. If a qualified arborist determines that a tree is damaged or killed by a natural gas leak, the gas company shall provide the entity which owns the tree with the funds of equal or greater value to replace the compromised tree. The department shall promulgate rules and regulations to implement this section.
SECTION 5. Subsection (b) (4) of said section 144 of chapter 164, as so appearing, is hereby amended by inserting after the word “safety.”, in line 32, the following:- “A gas company shall notify within an hour or less of detection the fire department and chief law enforcement officer in each city or town where a Grade 3 leak is identified.”
SECTION 6. Said section 144 of chapter 164, as so appearing, is here by amended by striking out subsection (c), in lines 33 through 48, and inserting in place thereof the following:-
(c) (1) For the purposes of this subsection, a Grade 3 leak identified as having a significant environmental impact shall be defined by the department, and such definition shall include those leaks whose estimated gas emissions per day are in the top 7% of all Grade 3 leaks in the commonwealth.
(2) Upon the undertaking of a significant project on a public way exposing confirmed natural gas infrastructure, and with sufficient notice, a municipality or the commonwealth shall submit written notification of the project to a gas company. In response to such notice from the municipality or upon seeking a permit from a municipality to open a public way for the purpose of repairing or replacing leak-prone infrastructure, the gas company shall survey the project area for the presence of Grade 1 leaks, Grade 2 leaks and Grade 3 leaks identified as having a significant environmental impact and shall set repair and replacement schedules for all known or newly detected Grade 1 leaks, Grade 2 leaks and Grade 3 leaks identified as having a significant environmental impact. The gas company shall provide to such municipality for each such leak, the location, history, and grade classification as defined in this section, and for each such pipeline, the age, type, condition, operating pressure, size and material. Upon completion of any repair or replacement of leak-prone infrastructure, the gas company shall provide to such municipality a report from a certified gas inspector that (i) all pipes are installed at the proper depth and all new joints are sealed; (ii) all gas shutoff valves and gate boxes are uncovered, accessible, operational, tested and capable of accepting a gate key; (iii) the repaired or replaced infrastructure is free from defects that could cause new leaks; and (iv) the repair or replacement has otherwise been properly completed according to state and federal regulations.
SECTION 7. Said section 144 of chapter 164, as so appearing, is here by amended by striking out subsection (d), in lines 49 through 54, and inserting in place thereof the following:-
(d) A gas company shall survey pipelines in every school zone at least once every 12 months or during the next scheduled survey, whichever is sooner. Grade 3 gas leaks detected in a school zone shall be repaired by the gas company no later than 6 months from the date the leak was detected. Grade 1 leaks and Grade 2 leaks shall be repaired as required in subsection (b) of this section. For the purposes of this section, "school zone'' shall mean on or within 150 feet of the real property comprising a public or private accredited preschool, accredited Head Start facility, elementary, vocational or secondary school.
SECTION 8. Said section 144 of chapter 164, as so appearing, is here by amended by striking out subsection (e), in lines 55 through 63, and inserting in place thereof the following:-
(e) (1) For the purposes of this subsection, the following words shall have the following meaning:-
“global positioning system,” a positioning system using satellites that continuously transmit coded information. The information transmitted from the satellites is interpreted by receivers to precisely identify locations on earth by measuring distance from the satellites.
(2) As part of the annual service quality standards report required by section 1I, each gas company shall report to the department the following data as of the time of the report: (i) the location of each Grade 1, Grade 2 and Grade 3 leak; (ii) the date each Grade 1, Grade 2 and Grade 3 leak was classified; (iii) the dates of repairs performed on each Grade 1, Grade 2 and Grade 3 leak; and (iv) the positioning of each such leak according to the global positioning system. A gas company shall specify any reclassification of previously identified leaks in its annual report.
(3) The annual service quality standards report shall be posted electronically and publically by March 1 by the department in spreadsheet format, which shall include, or be accompanied by, definitions of terms or acronyms, methodologies and instrumentation used to detect a gas leak and to determine its grade, emissions, volume and emissions impact. The report shall include the cost to ratepayers of (i) lost and unaccounted for gas; (ii) system maintenance; (iii) leak-prone infrastructure replacements and percent remaining under plans mandated by subsection (b) of section 145; (iv) safety violations by each gas company, including but not limited to, over pressurization incidents, third-party hits, and natural force pipe failures, reported both as absolute numbers as well as by incidents per linear mile of pipe; (v) the cost of replacing all leak-prone infrastructure as compared to repairing all known gas leaks in the commonwealth; and (vi) progress by the department and the gas companies regulated under this chapter towards achieving the targets and benchmarks mandated by chapter 21N. The department shall post a map of all leaks by grade classification, updated quarterly, showing the location of such leaks throughout the commonwealth.
SECTION 9. Said section 144 of chapter 164, as so appearing, is hereby amended by inserting after subsection (f), the following:-
(g) The department shall promulgate regulations establishing uniform standards for winter surveillance and patrol of cast iron pipes subject to hazardous frost cap conditions. Such standards shall meet or exceed federally mandated standards for integrity management requirements for distribution pipelines and shall include criteria to determine the conditions of weather, the duration and oscillation of temperatures around and below 32 degrees Fahrenheit, the type and size of cast iron pipe segments that are prone to cracks and leaks as a result of extended frost cap conditions and the frequency of surveillance and patrol necessary to ensure public safety from hazardous leaks caused by such cracks. Such winter surveillance and patrol standards shall be in effect from December 15 to March 15 unless weather conditions warrant an earlier start or later end date. Such regulations shall be promulgated by the department within 6 months of the effective date of this provision.
SECTION 10. Section 145 of said chapter 164, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) A gas company shall file with the department a plan to address aging or leaking natural gas infrastructure within the commonwealth in the interest of public health and safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks by number and by volume.
SECTION 11. Section 145 of said chapter 164, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) (1) For the purposes of this subsection, a Grade 3 leak identified as having a significant environmental impact shall be defined by the department, and such definition shall include those leaks whose estimated gas emissions per day are in the top 7% of all Grade 3 leaks in the commonwealth.
(2) Any plan filed with the department shall include, but not be limited to: (i) eligible infrastructure replacement or repair of 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) replacement infrastructure proposed; (iii) an anticipated timeline for the completion of each project; (iv) the estimated cost of each project; (v) rate change requests; (vi) a description of customer costs and benefits under the plan; (vii) work plans including location by street segments of leak-prone infrastructure scheduled to be replaced as required by this section; and (viii) any other information the department considers necessary to evaluate the plan. Such improvement of existing infrastructure may include repair rather than replacement of a pipe having a grade 3 leak identified as having a significant environmental impact as classified by section 144 (c), provided, however that such repair shall be cost effective and shall comply with applicable safety regulations related to pipeline infrastructure.
SECTION 12. Subsection (d) of said section 145 of said chapter 164, as so appearing, is hereby amended by inserting, in line 63, after the word “public” the following words:- “health and”.
SECTION 13. Said section 145 of chapter 164, as so appearing, is hereby amended by inserting after subsection (h) the following subsection:-
(i) Within 30 days of approval of any plan submitted to the department by a gas company for replacement or improvement of any existing infrastructure pursuant to this section, the department shall send such plan and such approval to the municipality whose service territory is covered by such plan.
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An Act to promote solar energy development consistent with the commonwealth’s 2050 next generation roadmap
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S2119
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SD1487
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:43:58.923'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:43:58.9233333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-01-23T12:24:35.3033333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-26T09:42:11.38'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:19:48.1266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T17:59:37.94'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:15:41.52'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:59:43.8633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-30T16:06:38.76'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2119) of James B. Eldridge, Paul W. Mark, Steven Owens, Lindsay N. Sabadosa and other members of the General Court for legislation to promote solar energy development consistent with the commonwealth’s 2050 next generation roadmap. Telecommunications, Utilities and Energy.
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SECTION 1. Subsection (d) of section 6 of chapter 62 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking the following words:- "or one thousand dollars, whichever is lesser"
SECTION 2. Chapter 75 of the acts of 2016 is hereby amended in subsection (a) by inserting after the word “ratepayers” the following words:- "that is consistent with the commonwealth’s statutory requirements for greenhouse gas emission reductions under chapter 21N of the General Laws."
SECTION 3. Said chapter 75 is hereby further amended by inserting the following subsection:-
(d) When the department of energy resources has established a program goal of at least 3000 MW of solar under subsection (b), the department of energy resources shall propose a new solar incentive program not later than December 31, 2023 with a goal of 10,000 megawatts of solar by 2030. The department may amend any existing solar incentive program to meet this goal, or adopt regulations to implement a new incentive program. The department shall include in any amended or new program: (1) a carve-out or additional incentives for solar facilities that serve as canopies or are installed on buildings; (2) carve-out or additional incentives for solar facilities that serve environmental justice communities; (3) a pollinator incentive consistent with section 11A; (4) solar facilities that serve municipalities or other governmental entities; (5) additional incentives for agrivoltaic facilities, as defined in section 2A of chapter 61A of the General Laws, and (6) any other targeted incentive the department determines supports the 2030 solar goal.
In setting incentive rates, the department of energy resources shall review past incentives levels, ratepayer impacts, and all relevant cost considerations, including but not limited to federal and state tax credits, interconnection, disparate rate impacts across the electric distribution companies; and anything that would otherwise hinder the installation of solar facilities, and implement incentive rates that will ensure that the Commonwealth meets the 2030 goal of 10,000 MW of solar.
As of the effective date of this act, land protected under the department shall not utilize any land use categorization to prohibit the installation of solar facilities for any solar incentive program under this chapter without conducting at least 2 public hearings consistent with chapter 30A of the General Laws, and making findings that proposed prohibition will not negatively impact the ability of the Commonwealth to meet a 10,000 MW goal of solar by 2030 or its goals under chapter 21N of the General Laws. This paragraph shall not apply to previously adopted restrictions on protected open space under Article XCVII of the Amendments to the Constitution, wetland resource areas as defined under 310 CMR 10.04 and land included in the state register under 950 CMR 71.03.
The department of energy resources may adopt regulations to reduce the administrative burden of participating and ongoing reporting in solar incentive programs on residential and small commercial installations of 25 kilowatts or less.
SECTION 4. Notwithstanding any general or special law to the contrary, the department of energy resources shall collaborate with the clean energy center established in chapter 23J of the General Laws to establish a solar loan program. The department may allocate alternative compliance payment funds retained under the renewable energy portfolio standard under section 11F of chapter 25A of the General Laws or any other funds it deems appropriate for such a solar loan program.
SECTION 5. Notwithstanding any general or special law to the contrary, the department of energy resources, in consultation with the Massachusetts municipal wholesale electric corporation, shall propose a program for municipal light plants, as defined in section 34 of chapter 164 of the General Laws, to enable their participation in meeting the Commonwealth’s greenhouse gas emission goals under chapter 21N of the General Laws and relevant energy goals under chapter 8 of the acts of 2021.
If the department of energy resources has established a program goal of at least 3000 kW under subsection (b), then it shall file a report regarding the effectiveness of said program with the clerks of the house and senate not later than December 31, 2023.
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An Act supporting access to training on reproductive and gender-affirming care
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S212
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SD2300
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:18:10.087'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T15:18:10.0866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-23T21:10:45.5033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:49:56.1966667'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 212) of Rebecca L. Rausch, Lindsay N. Sabadosa and James B. Eldridge for legislation to support access to training on reproductive and gender-affirming care. Consumer Protection and Professional Licensure.
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SECTION 1. Section 9A of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 8, by inserting after the word “assigned” the following words:- . Exclusively for the purposes of learning reproductive or gender-affirming care, a student of medicine who has creditably completed not less than two years of study in a legally chartered medical school wherever located may practice medicine in a licensed health care facility where reproductive or gender-affirming care may be lawfully provided and under the supervision of a health care provider licensed in the commonwealth who, acting within the scope of that license, may provide reproductive or gender-affirming care.
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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J17', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J17'}, 'Votes': []}]
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An Act increasing solar rooftop energy
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S2120
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SD1512
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:58:13.72'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-19T16:58:13.72'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T12:24:28.13'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:19:40.9966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T17:59:29.8466667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:15:31.3633333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T10:30:41.5733333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-15T13:00:50.4066667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:59:34.0666667'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2120) of James B. Eldridge, Jack Patrick Lewis, Lindsay N. Sabadosa, Vanna Howard and other members of the General Court for legislation to increase solar rooftop energy. Telecommunications, Utilities and Energy.
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Chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 18 the following section:-
Section 19. Solar neighborhoods act.
(a) As used in this section the following words shall have the following meanings unless the context clearly requires otherwise:-
“Battery storage system,” a system allowing electricity to be stored in and discharged from batteries.
“Developer”, any person or company that constructs residential or commercial buildings.
“Green roof,” a layer of vegetation planted over the roof of a building.
“Multi-family dwelling”, a building intended to be inhabited as a primary or secondary residence by multiple individuals or groups of individuals living in separate apartments.
“New building”, any newly constructed residential or commercial building that requires a building permit to proceed.
“Single-family dwelling”, a building intended to be inhabited as a primary or secondary residence by one individual or group of individuals.
“Solar energy system”, any solar photovoltaic system that is installed on site and uses solar energy to provide all or a portion of the electrical needs of a residential or commercial building.
“Solar hot water heater”, any system that uses solar energy to heat water for use in a residential or commercial building.
“Substitute renewable energy system”, a renewable energy generating source, as defined in section 11F of chapter 25A, that is not a solar photovoltaic system, is installed on site, and provides all or a portion of the electrical needs of a residential or commercial building.
(b) The department, in consultation with the state board of building regulations and standards, shall develop and promulgate amendments to the base energy code, stretch energy code, and specialized stretch energy code established under section 6 of chapter 25A and sections 93 through 100 of chapter 143 requiring new buildings to be built with solar energy systems.
(c) Detached one- and two-family dwellings and multiple single-family dwellings or townhouses regulated under the provisions of the residential code shall have a solar energy system producing sufficient electricity on an annual basis to meet at least 80 percent of the estimated average annual electricity use of dwellings of a similar size. The department may reduce the required minimum generating capacity of solar energy systems for these dwellings by up to 25 percent if installed in conjunction with a battery storage system with a minimum capacity of 7.5 kilowatt-hours per dwelling unit.
(d) Multi-family dwellings and commercial buildings up to six stories in height shall have a solar energy system and battery storage system of a minimum capacity established by the department, which may be based on the size of the roof and effective solar area, building type and occupancy, estimated average annual electricity use of similar buildings, or other factors.
(e) The department may require other categories of new buildings to have a solar energy system or battery storage system, and set requirements for the minimum generating capacity of the solar energy system installed on those buildings.
(f) The department shall estimate the average annual electricity use for the categories of buildings described in this section and revise its determination at least every three years, taking into account changes in electricity use due to energy efficiency improvements, electric vehicle charging, electric heating and cooling technologies, and other factors.
(g) In promulgating these regulations, the department may include provisions to ensure that new buildings can accommodate solar energy systems on their rooftops, including but not limited to requirements for static load roof strength, placement of rooftop equipment, sizing and provision of extra electrical panels, provision of space for a solar energy system DC-AC inverter in the utility room or on an outside wall, roof orientation and angle, roof types that are compatible with a solar installation mounting strategy that will require minimal or no roof penetrations, and conduits for wiring from roofs to electric panels.
(h) The department shall establish criteria under which developers can seek an exemption from the requirements of this section. Such criteria may include insufficient rooftop solar energy generating potential, the installation of a substitute renewable energy system or solar hot water heater at the time of construction, the installation of a solar energy system over a parking lot or elsewhere on the property, and participation in a community solar project. The department may allow exemptions from the requirements of this section for affordable housing developments, after consulting with affordable housing developers and operators, community development corporations, organizations that represent affordable housing residents, and other stakeholders.
(i) The provisions of the building code adopted under this section shall allow the installation of a green roof in conjunction with a rooftop solar energy system.
(j) A building permit for a new building shall not be granted without a showing that the building complies with the requirements of this section.
(k) Any person who fails to comply with or otherwise violates this section shall be liable for a civil administrative penalty not to exceed $10,000 for each violation, or twice the estimated additional cost that would have been incurred by constructing a building to meet the requirements of this chapter, whichever is greater.
(l) The department shall promulgate regulations within 1 year of the passage of this act to enforce this section. All future editions of the base energy code, stretch energy code, and specialized stretch energy code shall include provisions meeting the requirements of this section.
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An Act investing in a prosperous clean commonwealth by 2030
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S2121
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SD2335
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T15:52:49.603'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-20T15:52:49.6033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-01T15:19:34.0133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T17:59:22.2866667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T11:15:09.5666667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T10:48:12.2666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2121/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 2121) of James B. Eldridge, Lindsay N. Sabadosa, Vanna Howard and Danillo A. Sena for legislation to invest in a prosperous clean commonwealth by 2030. Telecommunications, Utilities and Energy.
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SECTION 1. The commonwealth should lead the nation by transitioning to 100% renewable electricity and net zero carbon emissions across all sectors by 2030. Climate scientists estimate that we must halve global emissions by 2030 to stop catastrophic climate change; therefore, an equitable and sustainable future necessitates that the commonwealth aggressively transition energy use entirely away from fossil fuels to renewable energy generation. However, climate change is intertwined with social inequities that will not be solved by simply transitioning to renewable energy. To fully address the scope of the climate crisis, all of the interdependencies of the crisis must be acknowledged and addressed, such that: (1) the laws and energy policies of the commonwealth are aligned with the scientific consensus around the climate crisis; (2) all have access to clean air, water, and land; (3) we center justice and equity for environmental justice communities, frontline and fenceline communities - particularly poor, Black and brown, and indigenous communities - and other populations that have been disproportionately affected by the climate crisis; (4) the commonwealth increases energy security and democratization by eliminating the use of fossil fuels and maximizing renewable energy production in our region; and (5) there is a just transition for workers amidst this energy transition by creating green, local, unionized jobs with wage and benefit parity and by prioritizing workers affected by the transition for green job training programs.
SECTION 2. Section 1 of Chapter 21N of the General Laws, is hereby amended by striking out the definition of “direct emissions” and inserting in place thereof the following definition:-
"Direct emissions'', emissions from sources that are owned or operated, in whole or in part, by any person, entity or facility in the commonwealth including, but not limited to, emissions from any transportation vehicle; building; structure; fugitive source; reduction in carbon carrying capacity associated with land use; resource extraction or development; distribution system; or residential, commercial, institutional, industrial, waste management, agricultural, or manufacturing process.
SECTION 3. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting the following 4 definitions:-
“Negative emissions”, removal of greenhouse gases from the atmosphere measured in tons of carbon dioxide equivalent, reported in the greenhouse gas registry in accordance with subsection a of section 2 of chapter 21N.
“Net statewide greenhouse gas emissions”, statewide greenhouse gas emissions minus negative emissions.
“Land carbon carrying capacity”, the capacity of land to sequester greenhouse gases measured in tons of carbon dioxide equivalent, including that embodied in organic matter contained in forests, wetlands or soils.
“Changes in land use resulting in a reduction in carbon carrying capacity”, any process which causes a reduction in land carbon carrying capacity including development, deforestation, draining, landfill, or resource extraction.
SECTION 4: Section 2 of said chapter 21N, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The department shall monitor and regulate emissions of greenhouse gases with the goal of reducing those emissions. The department shall adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this chapter. The regulations shall: (1) establish a greenhouse gas registry and reporting system for greenhouse gas emission sources; provided, however, that in establishing the greenhouse gas registry and reporting system, the department may collaborate with other states or a regional consortium; (2) annually require the owner or operator of any facility that is required to report air emissions data to the department pursuant to Title V of the federal Clean Air Act and that has stationary emissions sources that emit greenhouse gases to report annually to the regional registry direct stack emissions of greenhouse gases from such sources; (3) require the owner or operator of a facility that has stationary emissions sources that emit greenhouse gases in excess of 5,000 tons of greenhouse gases per year in carbon dioxide equivalents to report annually to the registry direct emissions of greenhouse gases from such sources; provided, however, that the department shall develop a simplified estimation form to assist facilities in determining who shall report emissions and shall consider, on an annual basis, requiring the expansion of reporting to the greenhouse gas registry; (4) require the owner or developer of a property that has undergone a reduction in carbon carrying capacity in excess of 5,000 tons of carbon dioxide equivalent in a given year to report to the registry direct emissions of greenhouse gases from such sources; (5) provide for the voluntary reporting of emissions and negative emissions of greenhouse gases to the greenhouse gas registry by entities and facilities that are not required to submit information pursuant to clauses (2) and (3); provided, however, that the greenhouse gas emissions reported shall be of a type and format that the greenhouse gas registry can accommodate; (6) require reporting of greenhouse gas emissions from generation sources producing all electricity consumed, including transmission and distribution line losses from electricity generated within the commonwealth or imported from outside the commonwealth; provided, however, that this requirement shall apply to all retail sellers of electricity, including electric utilities, municipal electric departments and municipal light boards as defined in section 1 of chapter 164A; (7) require reporting of fugitive greenhouse gas emissions from distribution of natural gas consumed for all residential, commercial and industrial purposes; provided, however, that this requirement shall apply to all owners of infrastructure used for distribution of natural gas including gas companies as defined in section 1 of chapter 164 of the General Laws; (8) ensure rigorous and consistent accounting of emissions and provide reporting tools and formats to ensure collection of necessary data; and (9) ensure that greenhouse gas emissions sources maintain comprehensive records of all reported greenhouse gas emissions.
SECTION 5: Section 3 of said chapter 21N, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) The secretary shall, in consultation with the department and the department of energy resources, adopt the following statewide greenhouse gas emissions limits: (i) an interim 2025 statewide greenhouse gas emissions limit; (ii) an interim 2025 net statewide greenhouse gas emissions limit; (iii) an interim 2030 statewide greenhouse gas emissions limit; (iv) an interim 2030 net statewide greenhouse gas emissions limit; (v) an interim 2035 statewide greenhouse gas emissions limit; (vi) an interim 2035 net statewide greenhouse gas emissions limit; (vii) an interim 2040 statewide greenhouse gas emissions limit; (viii) an interim 2040 net statewide greenhouse gas emissions limit; (ix) an interim 2045 statewide greenhouse gas emissions limit; (x) an interim 2045 net statewide greenhouse gas emissions limit; (xi) a 2050 statewide greenhouse gas emissions limit; (xii) a 2050 net statewide greenhouse gas emissions limit that achieves at least a net emissions reduction of 110 per cent below the 1990 level provided, however, that in no event shall the level of net statewide greenhouse gas emissions after 2030 be higher than zero and provided that in no event shall the level of statewide greenhouse gas emissions after 2040 be higher than zero. Each limit shall be accompanied by publication of a comprehensive, clear and specific roadmap plan to realize said limit.
SECTION 6: Subsection (a) of section 4 of said chapter 21N, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The secretary shall further adopt the 2040 net statewide greenhouse gas emissions limit pursuant to clause (8) of subsection (b) of section 3, which shall be not less than 105 per cent below the 1990 emissions level and shall plan to achieve that reduction pursuant to subsection (h) of section 4.
SECTION 7: Said section 4 of said chapter 21N, as so appearing, is hereby amended by inserting after subsection (h) the following subsection:-
(i) The secretary shall produce a comprehensive set of criteria defining negative emissions. Said criteria will be explicitly designed to (1) ensure that negative emissions represent removal of atmospheric greenhouse gases during the year in which they are recorded, (2) avoid double counting negative emissions in any way, (3) promote the growth of carbon negative practices in the commonwealth. The criteria shall be updated by the secretary every year.
SECTION 8. Section 6 of chapter 21A of the General Laws, is hereby amended by adding the following sentences:- Subject to appropriation, the secretary shall appoint an expert aide with the duties of developing policies, plans or programs to: (1) monitor and regulate emissions of greenhouse gases; (2) adopt the statewide greenhouse gas emissions limits; and (3) produce a comprehensive set of criteria defining negative emissions. Subject to appropriation, the secretary shall appoint an expert aide with the duties of developing policies, plans or programs to assist municipalities reach the zero emissions targets.
SECTION 9. Notwithstanding any general or special law to the contrary, the secretary of the executive office of energy and environmental affairs shall hire the expert aides set forth in section 8 of this act within 60 days of the start of fiscal year 2024, subject to appropriation.
SECTION 10. Section 16 of chapter 298 of the acts of 2008 is hereby amended by striking out, in lines 3 and 4, the words “, and shall expire on December 31, 2020”.
SECTION 11. Section 11F 1/2 of chapter 25A of the General Laws, is hereby amended by striking out, in subsection (a), the words “(4) an additional 2 per cent of sales each year thereafter until December 31, 2029; and (5) an additional 1 per cent of sales every year thereafter” and inserting in place thereof the following words:- (4) 33 per cent of total sales by December 31, 2022; (5) 40 per cent of total sales by December 31, 2023; (6) 48 per cent of total sales by December 31, 2024; (7) 55 per cent of total sales by December 31, 2025; (8) 65 per cent of total sales by December 31, 2026; (9) 75 per cent of total sales by December 31, 2027; (10) 87 per cent of total sales by December 31, 2028; and (11) 100 per cent of total sales by December 31, 2029.”
SECTION 12. Section 11F of chapter 25A of the General Laws, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) For the purposes of this subsection, a renewable energy generating source is one which generates electricity using any of the following: (1) solar photovoltaic or solar thermal electric energy; (2) wind energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5) landfill gas; (6) naturally flowing water and hydroelectric; or (7) geothermal energy. The following technologies and fuels shall not be considered renewable energy sources: (A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power and (H) hydropower facilities that have nameplate capacity of more than 30MW. A renewable energy generating source may be located behind the customer meter within the ISO–NE, as defined in section 1 of chapter 164, control area if the output is verified by an independent verification system participating in the New England Power Pool Generation Information System, in this section called NEPOOL GIS, accounting system and approved by the department.
SECTION 13. Said section 11F, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) New renewable energy generating sources meeting the requirements of this subsection shall be known as Class I renewable energy generating sources. For the purposes of this subsection, a Class I renewable energy generating source is one that began commercial operation after December 31, 1997, or represents the net increase from incremental new generating capacity after December 31, 1997 at an existing facility, where the facility generates electricity using any of the following: (1) solar photovoltaic or solar thermal electric energy; (2) wind energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5) landfill gas; (6) energy generated by new hydroelectric facilities, or incremental new energy from increased capacity or efficiency improvements at existing hydroelectric facilities; provided, however, that (i) each such new facility or increased capacity or efficiency at each such existing facility must meet appropriate and site-specific standards that address adequate and healthy river flows, water quality standards, fish passage and protection measures and mitigation and enhancement opportunities in the impacted watershed as determined by the department in consultation with relevant state and federal agencies having oversight and jurisdiction over hydropower facilities; (ii) only energy from new facilities having a capacity up to 30 megawatts or attributable to improvements that incrementally increase capacity or efficiency by up to 30 megawatts at an existing hydroelectric facility shall qualify; and (iii) no such facility shall involve pumped storage of water or construction of any new dam or water diversion structure constructed later than January 1, 1998; (7) marine or hydrokinetic energy as defined in section 3; or (8) geothermal energy. The following technologies and fuels shall not be considered renewable energy sources: (A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power and (H) hydropower facilities that have nameplate capacity of more than 30MWA. Class I renewable generating sources may be located behind the customer meter within the ISO–NE control area if the output is verified by an independent verification system participating in the NEPOOL GIS accounting system and approved by the department.
SECTION 14. Said section 11F, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) Every retail electric supplier providing service under contracts executed or extended on or after January 1, 2009, shall provide a minimum percentage of kilowatt-hour sales to end-use customers in the commonwealth from Class II renewable energy generating sources. For the purposes of this section, a Class II renewable energy generating source is one that began commercial operation before December 31, 1997 and generates electricity using any of the following: (1) solar photovoltaic or solar thermal electric energy; (2) wind energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5) landfill gas; (6) energy generated by existing hydroelectric facilities, provided that such existing facility shall meet appropriate and site-specific standards that address adequate and healthy river flows, water quality standards, fish passage and protection measures and mitigation and enhancement opportunities in the impacted watershed as determined by the department in consultation with relevant state and federal agencies having oversight and jurisdiction over hydropower facilities; and provided further, that only energy from existing facilities up to 7.5 megawatts shall be considered renewable energy and no such facility shall involve pumped storage of water nor construction of any new dam or water diversion structure constructed later than January 1, 1998; (7) marine or hydrokinetic energy as defined in section 3; or (8) geothermal energy. The following technologies and fuels shall not be considered renewable energy sources: (A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but not limited to, chemically-treated wood; (F) nuclear power; (G) biomass power and (H) hydropower facilities that have nameplate capacity of more than 30MW. A Class II renewable generating source may be located behind the customer meter within the ISO–NE control area provided that the output is verified by an independent verification system participating in the NEPOOL GIS accounting system and approved by the department.
SECTION 15. Section 11F 1/2 of chapter 25A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The department shall establish an alternative energy portfolio standard for all retail electricity suppliers selling electricity to end-use customers in the commonwealth. Every retail electric supplier providing service under contracts executed or extended on or after January 1, 2009 shall provide a minimum percentage of kilowatt-hour sales, as determined by the department, to end-use customers in the commonwealth from alternative energy generating sources and the department shall annually thereafter determine the minimum percentage of kilowatt-hour sales to end-use customers in the commonwealth which shall be derived from alternative energy generating sources. For the purposes of this section, ''alternative energy generating source'' shall mean a source which generates energy using any of the following: (i) flywheel energy storage; (ii) energy efficient steam technology; or (iii) fuel cells. The following technologies and fuels shall not be considered alternative energy supplies: (A) coal; (B) petroleum coke; (C) oil; (D) natural gas; (E) construction and demolition debris including, but not limited to, chemically-treated wood and (F) nuclear power.
SECTION 16. Said section 11F 1/2, as so appearing, is hereby amended by striking out in subsection (b) the following text:-
(b) The department, in consultation with the department of environmental protection, shall set: (i) emission performance standards that are protective of public health, including standards for eligible biomass, biogas and liquid biofuel technologies that limit eligibility only to best-in-class commercially-feasible technologies, inclusive of energy conversion and emissions controls, with regard to reducing emissions of particulate matter sized 2.5 microns or less and carbon monoxide and other air pollutants; (ii) for eligible biomass, biogas and liquid biofuel technologies, a requirement of 50 per cent reduction in life-cycle greenhouse gas emissions compared to a high efficiency unit utilizing the fuel that is being displaced or, for a new load, a high-efficiency natural gas unit, if natural gas is available at reasonable cost to the site or otherwise the fuel that is most likely to be utilized; (iii) for eligible biomass, biogas and liquid biofuel technologies, requirements for thermal storage or other means to minimize any significant deterioration of efficiency or emissions due to boiler cycling, if feasible; (iv) for eligible biomass, biogas and liquid biofuel technologies, fuel conversion efficiency performance standards achievable by best-in-class commercially-feasible technologies; and (v) in consultation with the department of conservation and recreation, for forest-derived biomass, requirements that fuel shall be provided by means of sustainable forestry practices; provided, however, that the department shall adopt any existing or new biomass fuel sustainability standards if deemed appropriate by the department after a public comment process.
SECTION 17. Said section 11F 1/2, as so appearing, is hereby amended by striking out subsections (c) and (d) and inserting in place thereof the following subsections:-
(b) The department shall adopt regulations allowing for a retail supplier to discharge its obligations under this section by making an alternative compliance payment in an amount established by the department. Such regulations shall outline procedures by which each retail supplier shall annually submit for the department's review a filing illustrating the retail supplier's compliance with the requirements of this section.
(c) A municipal lighting plant shall be exempt from the obligations under this section so long as and insofar as it is exempt from the requirements to allow competitive choice of generation supply under section 47A of chapter 164.
SECTION 18. Said section 11F 1/2, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-
(d) The department may provide that for fuel cells and certain nonemitting renewable thermal technologies, an alternative energy credit shall be earned for less than 3,412,000 British thermal units of net useful thermal energy so as to stimulate the development of new on-site energy generating sources.
SECTION 19. Notwithstanding any general or special law to the contrary, the department of energy resources shall require distribution companies, as defined in section 1 of chapter 164 of the General Laws, to jointly and competitively conduct additional offshore wind generation solicitations and procurements of up to approximately 6,000 megawatts of aggregate nameplate capacity, in addition to the solicitations and procurements required by section 83C of chapter 169 of the acts of 2008, as amended by chapter 188 of the acts of 2016, and may require said additional solicitations and procurements by December 31, 2029.
SECTION 20. Subsection (b) of section 83C of chapter 169 of the acts of 2008, inserted by chapter 188 of the acts of 2016 and amended by section 21 of chapter 27 of the acts of 2018 shall be hereby amended by striking out the following words:- “; provided, however, that the department of public utilities shall not approve a long-term contract that results from a subsequent solicitation and procurement period if the levelized price per megawatt hour, plus associated transmission costs, is greater than or equal to the levelized price per megawatt hour plus transmission costs that result from the previous procurement.”
SECTION 21. Said subsection (b) in section 83C is hereby further amended by striking out the following words:- “(3) provide for an annual remuneration for the contracting distribution company up to 2.75 cent of the annual payments under the contract to compensate the company for accepting the financial obligation of the long-term contract, such provision to be acted upon by the department of public utilities at the time of contract approval;”
SECTION 22. In responding to any solicitations issued by distribution companies for the procurement of offshore wind generation, proposals for long-term contracts shall include an environmental and fisheries mitigation plan for the construction and operation of such offshore wind facilities, provided such plan shall include, but not be limited to, an explicit description of the best management practices and any on- or off-site mitigation the bidder will employ, informed by the latest science at the time the proposal is made, that will avoid, minimize and mitigate any impacts to: wildlife, including but not limited to threatened or endangered species such as North Atlantic right whales; coastal and marine habitats; natural resources; ecosystems; and traditional or existing water-dependent uses, including, but not limited to, commercial and recreational fishing. The plan should also include pre- and post-construction monitoring to understand the effects of facilities on marine and avian species.
The department of energy resources shall establish an environmental working group and a fisheries working group comprised of key experts and stakeholders to provide input on best practices for avoiding, minimizing and mitigating any impacts to: wildlife, including but not limited to threatened or endangered species such as North Atlantic right whales; coastal and marine habitats; natural resources; ecosystems; and traditional or existing water-dependent uses, including, but not limited to, commercial and recreational fishing, during the construction and operation of facilities eligible pursuant to this section. The working groups shall conduct ongoing review of implemented monitoring and mitigation programs and provide feedback and recommendations on an as-needed basis, to be considered by the department. Pre-construction engagement of these working groups will correspond with project development, solicitation, and permitting, and the federal consistency process.
Proposals must include a commitment to, if selected and approved, provide financial and technical assistance to support robust monitoring of wildlife and habitat through a minimum $10,000 per megawatt contribution to regional research on the impacts of offshore wind on wildlife and habitat to inform strategies to avoid and mitigate any impacts to the marine environment. The department of energy resources, in consultation with the environmental and fisheries working groups, shall determine how the funds will be used to advance the responsible development of the offshore wind energy industry, not necessarily the proposed project.
SECTION 23. Notwithstanding any general or special law to the contrary, the department of energy resources shall require offshore wind bids to allocate at least 1% of the cost of the project to a general fund in support of Massachusetts-based offshore wind power research and workforce development provided further, that this fund shall be administered by the Massachusetts Clean Energy Center, provided further, that a portion of this fund shall be used to cover reasonable administrative costs of MassCEC.
SECTION 24. Notwithstanding any general or special law to the contrary, the department of energy resources shall require retail suppliers, as defined in section 1 of chapter 164 of the General Laws, to jointly and competitively conduct additional solar photovoltaic electric energy generation solicitations and procurements of up to approximately 6,000 megawatts of aggregate nameplate capacity, in addition to the solicitations and procurements required by section 4 of chapter 75 of the acts of 2016, and may require said additional solicitations and procurements by December 31, 2029.
SECTION 25. In responding to any solicitations from retail suppliers for the procurement of solar generation, proposals for long-term contracts shall include an environmental mitigation plan for the construction and operation of such solar facilities, provided such plan shall include, but not be limited to, an explicit description of the best management practices and any on- or off-site mitigation the bidder will employ, informed by the latest science at the time the proposal is made, that will avoid, minimize and mitigate any impacts to: wildlife, including but not limited to threatened or endangered species; wetlands, including but not limited to impacts on water quality and vegetation diversity; forests, including impacts from deforestation and removal of trees; natural resources; and ecosystems. The plan should also include pre- and post-construction monitoring to understand the effects of facilities on wetlands, forests, and land on which solar facilities are installed.
The department of energy resources shall establish an environmental working group comprised of key experts and stakeholders to provide input on best practices for avoiding, minimizing and mitigating any impacts to: wildlife, including but not limited to threatened or endangered species; wetlands, including but not limited to impacts on water quality and vegetation diversity; forests, including impacts from deforestation and removal of trees; natural resources; and ecosystems. The working groups shall conduct ongoing review of implemented monitoring and mitigation programs and provide feedback and recommendations on an as-needed basis, to be considered by the department. Pre-construction engagement of these working groups will correspond with project development, solicitation, and permitting, and the federal consistency process.
Proposals must include a commitment to, if selected and approved, provide financial and technical assistance to support robust monitoring of wildlife, ecosystems and habitat through a minimum $10,000 per megawatt contribution to regional research on the impacts of solar on wildlife and habitat to inform strategies to avoid and mitigate any impacts to the environment. The department of energy resources, in consultation with the environmental working groups, shall determine how the funds will be used to advance the responsible development of the solar energy industry, not necessarily the proposed project.
SECTION 26. Section 139 of chapter 164 of the General Laws, is hereby amended by inserting after the word “entity”, in line 96, the following words:- “or publicly-assisted housing or its residents.”
SECTION 27. Said section 138 of said chapter 164, as so appearing, is hereby further amended by striking out the words:- “or (2) of which the municipality or other governmental entity is assigned 100 per cent of the output.” and inserting in place thereof the following words:- "or (2) of which the municipality, other governmental entity, low income or environmental justice households or publicly-assisted housing or its residents are assigned 100 per cent of the output or net metering credits.”
SECTION 28. Said section 138 of said chapter 164, as so appearing, is hereby further amended by inserting after the definition of “Net metering facility of a municipality or other governmental entity” the following definition:-
“Publicly-assisted housing”, as defined in section 1 of chapter 40T.
SECTION 29. Section 139 of chapter 164 of the General Laws, is hereby amended by striking out, in lines 62 and 63, the words “and that are located in the same ISO-NE load zone to” and inserting in place thereof the following words:- , “regardless of which ISO-NE load zone the customers are located in, to.”
SECTION 30. Said section 139, as so appearing, is hereby further amended by inserting after the word “charges”, in line 85, the second time it appears, the following words:- “, including demand charges as part of a monthly minimum reliability contribution except as authorized under subsection (j).”
SECTION 31. Said section 139 of said chapter 164, as so appearing, is hereby amended by striking out subsection (f) of said section 139 and inserting in place thereof the following subsection:-
(f) No aggregate net metering cap shall apply to a solar net metering facility.
SECTION 32. Section 138 of chapter 164, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “customer” the following definitions:-
"Low-income", includes low-income households as defined under section 1 of chapter 40T.
"Environmental justice", the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment regardless of race, income, class, tribal affiliation, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief, or English language proficiency. Environmental justice shall include the equal protection and meaningful involvement of all people with respect to the development, implementation, and 2 of 5 enforcement of environmental laws, regulations, and policies and the equitable distribution of energy and environmental benefits and environmental burdens.
"Environmental Justice Population", a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than125 per cent of the statewide median household income; (B) majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues.
"Environmental Justice Household", includes households within Environmental Justice Populations.
"Low income solar net metering facility", a solar net metering facility that allocates all of its output and net metering credits to (1) the providers or residents of publicly-assisted housing under section 1 of chapter 40T or (2) low income and environmental justice households; or (3) entities primarily serving such persons. The department of energy resources may establish an alternate minimum threshold or thresholds for allocation of output and net metering credits to determine project eligibility if the department determines a lower threshold is necessary in order to facilitate economic viability of low-income solar net metering facilities or to deliver 24 meaningful economic benefit to recipients.
"Community shared solar net metering facility", a solar net metering facility with three or more eligible recipients of credits, provided that (1) no more than 50 per cent of the net metering credits produced by the facility are allocated to any one recipient, (2) no more than three recipients may receive net metering credits in excess of those produced annually by 25 kW of nameplate AC capacity and the combined share of said participants' capacity shall not exceed 50 per cent of the total capacity of the Generation Unit, unless otherwise allowed by the department of energy resources, and (3) the recipients have an interest in the production of the facility or the entity that owns the facility, in the form of formal ownership, a lease agreement, or a net metering allocation agreement.
SECTION 33. Said section 138 of said chapter 164, as so appearing, is hereby further amended in the definition of "market net metering credit" by striking out the following words:- "that credits shall only be allocated to an account of a municipality or government entity." and inserting in place thereof the following words:- "that credits shall only be allocated to an account of a municipality or government entity or low-income and environmental justice households."
SECTION 34. Section 139 of said chapter 164, as so appearing, is hereby further amended by adding the following subsections:-
(l) Notwithstanding any provision of special or general law to the contrary, a low income solar net metering facility shall receive credits equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the sum of the distribution company's: (i) default service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii) distribution kilowatt-hour charge; (iii) transmission kilowatt-hour charge; and (iv) transition 52 kilowatt-hour charge; provided, however, that this shall not include the demand side 4 of 5 management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of chapter 25.
(m) Notwithstanding any provision of special or general law to the contrary, a community shared solar net metering facility that allocates at least 50 per cent of its credits to low income and environmental justice households or the providers or residents of publicly-assisted housing under section 1 of chapter 40T or (3) entities primarily serving such persons shall receive credits equal to the excess kilowatt-hours by time of use billing period, if applicable, multiplied by the sum of the distribution company's: (i) default service kilowatt-hour charge in the ISO-NE load zone where the customer is located; (ii) distribution kilowatt-hour charge; (iii) transmission kilowatt-hour charge; and (iv) transition kilowatt-hour charge; provided, however, that this shall not include the demand side management and renewable energy kilowatt-hour charges set forth in sections 19 and 20 of chapter 25.
SECTION 35. Said section 139 of said chapter 164, as so appearing, is hereby amended by striking out in subsection (f) the following words:- "The aggregate net metering capacity of facilities that are not net metering facilities of a municipality or other governmental entity shall not exceed 7 per cent of the distribution company's peak load. The aggregate net metering capacity of net metering facilities of a municipality or other governmental entity shall not exceed 8 per cent of the distribution company's peak load."
SECTION 36. Chapter 25A of the General Laws is hereby amended by inserting after section 11I the following section:-
Section 11J. For any solar incentive program created by the department of energy resources, under general law, session law, or other authority, the program shall designate 50 per cent of the incentive to equitably share the economic and environmental benefits of the program in communities facing barriers to access. This shall include low-income solar net metering facilities, as defined in section 138 of chapter 164, as well as rental housing or residents thereof. The department may, at its discretion, dedicate part of the incentive to resolve other barriers to equitable access to solar energy if such barriers are identified. The department shall also specify in program design its plans to reach communities whose primary language is not English.
SECTION 37. Chapter 25A of the General Laws is hereby amended by inserting after section 11F1/2 the following section:-
Section 11F 3/4. (a) Each municipal lighting plant shall establish a greenhouse gas emissions standard, which shall be known as the “Municipal Lighting Plant GGES.”
(b) A Municipal Lighting Plant GGES shall set the minimum percentage of renewable energy sold by each municipal lighting plant to all retail end-user customers purchasing electricity pursuant to rates established pursuant to section 58 of chapter 164 as follows: 100 per cent energy sales from renewable sources achieving net-zero greenhouse gas emissions by 2030.
(c) For the purpose of this section, “renewable sources” shall mean: energy from facilities using the following generation technologies, but only to the extent that any renewable energy credits, emission free energy certificates or other evidentiary non-carbon emitting documentation associated therewith have not been sold, retired, claimed or otherwise represented by another party as part of electrical energy output or sales or used to satisfy obligations in jurisdictions other than the commonwealth: (1) solar photovoltaic; (2) solar thermal electric; (3) hydroelectric, including imports into the New England wholesale electric market as administered by ISO New England Inc.; (4) marine or hydrokinetic energy; (5) geothermal energy; (6) wind energy; and (7) any other generation qualifying for renewable portfolio standards pursuant to section 11F.
(d) A municipal lighting plant shall file an annual report with the department, using a form specified by the department, demonstrating compliance with this section. If a municipal lighting plant fails to comply with the requirements of this section, it shall make a one-time alternative compliance payment, to be known as the “Municipal Lighting Plant ACP” for the year of non-compliance, and on the anniversary of each year that said non-compliance continues thereafter, in the amount 0.25 times the Renewable Portfolio Standard ACP set forth in the department’s regulations at 225 C.M.R. 14.00 et seq. per kilowatt hour based on the amount of such deficiency, escalated annually by the Consumer Price Index. Such Municipal Lighting Plant ACP shall be deposited into a fund that shall be maintained and administered by the municipal light plant and such fund shall be used by the municipal light plant to fund greenhouse gas emissions reduction and related programs in its service territory.
SECTION 38. Chapter 90 of the General Laws is hereby amended by inserting after section 7CC the following section:-
Section 7DD (a) For the purposes of this section the following words shall have the following meanings:-
''Consumer'', a buyer, other than for purposes of resale, of a motor vehicle, any person to whom such motor vehicle is transferred during the period of any express or statutory warranty under this section applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce its obligations.
''Dealer'', any person engaged in the business of selling, offering for sale, or negotiating the retail sale of used motor vehicles or selling motor vehicles as broker or agent for another, including the officers, agents and employees of such person and any combination or association of dealers, but not including a bank or other financial institution, or the commonwealth, its agencies, bureaus, boards, commissions, authorities, nor any of its political subdivisions. A person shall be deemed to be engaged in the business of selling used motor vehicles if such person has sold more than three used motor vehicles in the preceding twelve months.
''Motor vehicle'' or ''vehicle'', any motor vehicle as defined in section one, sold or replaced by a dealer or manufacturer, except that it shall not include auto homes, vehicles built primarily for off-road use or any vehicle used primarily for business purposes.
''Used motor vehicle'' or ''used vehicle'', any vehicle driven more than the limited use necessary in moving or road testing a new vehicle prior to delivery to a consumer, including a demonstrator vehicle, except that it shall not include auto homes, vehicles built primarily for off road use, motorcycles, or any vehicle used primarily for business purposes.
''New motor vehicle'' or ''new vehicle'', any vehicle not satisfying the definition of used motor vehicle.
“Plug-in vehicle”, a battery electric vehicle that draws propulsion energy solely from an on-board electrical energy storage device during operation that is charged from an external source of electricity or a plug-in hybrid electric vehicle with an on-board electrical energy storage device that can be recharged from an external source of electricity which also has the capability to run on another fuel.
“Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions.
(b) Beginning on January 1st 2027, no new motor vehicle shall be sold in the commonwealth by a dealer to a consumer unless the vehicle is a plug-in vehicle.
(c) Beginning on January 1st 2030, no new motor vehicle shall be sold in the commonwealth by a dealer to a consumer unless the vehicle is a zero-emission vehicle.
SECTION 39. Section 16 of chapter 25A of the General Laws, is hereby amended by inserting after the word “section”, in line 1, the following words:- and section 18.
SECTION 40. Subsection (a) of said section 16 of said chapter 25A, as so appearing, is hereby amended by adding the following definition:-
“Zero-emission vehicle”, a motor vehicle that produces no engine exhaust emissions.
SECTION 41. Said chapter 25A is hereby further amended by inserting after section 17 the following section:-
Section 18. (a) The commissioner shall, subject to appropriation, establish a program to provide rebates or other financial incentives to consumers who purchase or lease a zero-emission vehicle. Vehicles qualifying for rebates under this section shall: (i) be manufactured primarily for use on public streets, roads and highways; (ii) not be modified from the original manufacturer’s specification; and (iii) have been acquired for use or lease by the consumer and not for resale.
(b) A rebate under this section shall not be less than $1,500 per vehicle; provided, however, that no rebate shall be available for a vehicle with a sales price that exceeds $50,000.
(c) The commissioner may promulgate regulations to administer the program established under this section. At least once per calendar year, the commissioner shall provide outreach to underserved consumers and consumers in communities with a high percentage of low-income households with information about the zero-emission vehicle incentive program established under this section.
(d) The commissioner shall publish and regularly update data regarding program usage including, but not limited to: (i) the number and amount of rebates or incentives provided each month; (ii) the make, model and type of vehicle for which the rebate or incentive was issued; (iii) the zip code in which the vehicle is registered; and (iv) the estimated total greenhouse gas emissions reductions achieved from the rebate or incentive issued.
SECTION 42. Section 94 of chapter 143 of the General Laws, is hereby amended by inserting after subsection (r) the following subsections:-
(s) In consultation with the department of energy resources, to adopt and fully integrate into the state building code requirements that new construction of commercial and residential buildings, as well as major reconstruction, renovation and repair of such buildings, include building electrical service, conduit systems, and level-2 or higher electric vehicle chargers sufficient to support the minimum number of zero-emission vehicle parking spaces; provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not less than 75 per cent of the total number of parking spaces, whichever is greater. For the purposes of this section, “zero-emission vehicle” shall mean a motor vehicle that produces no engine exhaust emissions.
(t) In consultation with the department of energy resources, to adopt and fully integrate into the state building code requirements that new construction of parking facilities as well as major reconstruction, renovation and repair of such facilities, include building building electrical service, and conduit systems, and level-2 or higher electric vehicle chargers sufficient to support the minimum number of zero-emission vehicle parking spaces; provided, however, that the minimum number of zero-emission vehicle parking spaces shall be at least 1 parking space or not less than 75 per cent of the total number of parking spaces, whichever is greater.
SECTION 43. Section 3 of chapter 448 of the acts of 2016 is hereby amended by striking out, in lines 3 and 4, the words “may include requirements for electric vehicle charging for residential and appropriate commercial” and inserting in place thereof the following words:- shall include requirements for electric vehicle charging for appropriate residential and commercial.
SECTION 44. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following definitions:-
“Electric vehicles” are vehicles that rely solely on electric motors for propulsion and includes non-combustion vehicles.
“Zero-emission infrastructure” means electric battery chargers, trolleybus and railway catenary wire, and other equipment to support the operation of electric vehicles.
SECTION 43. Chapter 21N is hereby amended by inserting after Section 7, the following section:-
Section 7½. To contribute to the Commonwealth’s greenhouse gas reduction targets, the Secretary, in consultation with the department of energy resources, department of transportation, department of environmental protection, and department of public utilities, shall set and enforce targets for public fleet electrification.
(a) The Massachusetts Bay Transportation Authority shall operate a fully electric bus fleet by 2030 and meet the following interim targets: (i) 100 percent of all MBTA procurements shall be electric vehicles as defined in section 1 of chapter 90 by December 31, 2023; (ii) 40 percent of all MBTA buses should be electric by 2025; (iii) 60 percent of all MBTA buses should be electric by 2027; (iv) 80 percent of all MBTA buses should be electric by 2028; (v) 90 percent of all MBTA buses should be electric by 2029. The MBTA shall establish and meet goals for charging its bus infrastructure with renewable energy generating sources as defined in chapter 25A, section 11F.
(b) The MBTA shall work with the department of public health and department of environmental protection to establish air monitoring stations around bus maintenance facilities and to improve air quality around such facilities.
(c) The MBTA and its commuter rail contractor shall operate a fully electric commuter rail system by 2030.
(d) Regional transit authorities (RTAs) shall operate a fully electric bus fleet by 2035 and meet the following interim targets: (i) 100 percent of all RTA procurements shall be electric by December 31, 2026; (ii) 40 percent of all RTA buses should be electric by 2025; (iii) 60 percent of all RTA buses should be electric by 2028; (iv) 80 percent of all RTA buses should be electric by 2032; (v) 90 percent of all RTA buses should be electric by 2034.
SECTION 46. Chapter 161A is hereby amended by inserting the following paragraphs in section 7 after the term “under Section 6C”:
(a) The MBTA governing board shall establish deadlines for MBTA bus maintenance facilities to support an all electric bus fleet. Construction of new 100 percent electric bus garages and modernization of old garages, as needed for electric bus infrastructure, shall be complete at least one year prior to full bus fleet electrification in 2030.
(b) The MBTA governing board shall direct the MBTA to update and operate existing zero-emission vehicle infrastructure and to expand its zero-emission infrastructure. Removal of existing zero-emission infrastructure shall be permitted for temporary road, catenary, or public utility work. Any replacements for electric vehicles in operation must meet or exceed the availability of the current zero-emission fleet, with no auxiliary systems. For all diesel-electric hybrid buses, the MBTA shall develop robust monitoring about the locations where such buses are operating on diesel power versus electric power and provide this data to the public on a timely basis.
(c) The MBTA governing board shall direct the MBTA to operate electric buses with a priority for operating such buses on routes serving environmental justice populations. The MBTA governing board shall direct the MBTA to operate electric buses on bus routes serving residents of Chelsea, Everett, Revere, Somerville, Chinatown, Roxbury, Dorchester, Lynn, and Mattapan by 2025. The MBTA governing board shall direct MBTA staff to conduct robust community outreach and engagement with residents of environmental justice populations, municipal officials in cities and towns that have environmental justice populations, and with transportation and environmental justice advocates. The MBTA staff shall report to the MBTA governing board at least six times per year the progress of electrifying the bus and rail fleet. As part of the public reports, MBTA staff shall explain the cost analysis of all procurements of fossil fuel infrastructure and the reasons for procuring fossil fuel infrastructure in lieu of zero-emission infrastructure.
(d) The MBTA governing board shall electrify the commuter rail fleet in two phases. Phase I includes electrification of the Providence Line, Fairmount Line, and Newburyport / Rockport Line at least through the Beverly Depot Station by December 31, 2024. Phase II includes electrification of the Framingham/Worcester Line by December 31, 2026; Middleborough/ Lakeville Line by December 31, 2027, and the remaining routes that pass through environmental justice populations, but do not offer passenger service by December 31, 2030: South Coast (Phase 2 via Downtown Taunton), Haverhill, Lowell, Fitchburg, Franklin, Plymouth/Kingston, Greenbush, Foxborough, Newburyport/ Rockport beyond Beverly Depot, Cape Cod Extension, NH Capitol Corridor.
SECTION 47. Section 6 of chapter 161B is hereby amended by adding after paragraph (r), the following paragraph:-
(s) The authorities shall operate electric buses with a priority for operating such buses on routes serving environmental justice populations. Authorities shall conduct robust community outreach and engagement with residents of environmental justice populations, municipal officials in cities and towns that have environmental justice populations, and with transportation and environmental justice advocates. The authorities shall report annually to the Regional Transit Authority Council pursuant to Section 27 of chapter 161B the progress of electrifying the bus fleet. As part of the public reports, authorities shall explain the cost analysis of all procurements of fossil fuel infrastructure and the reasons for procuring internal combustion engines and fossil fuel infrastructure in lieu of electric vehicles and zero-emission infrastructure.
SECTION 48. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following definitions:-
“Electric vehicles” are vehicles that rely solely on electric motors for propulsion and includes non-combustion vehicles.
“Emergency vehicle”, any publicly owned vehicle operated by a peace officer in performance of their duties, any authorized emergency vehicle used for fighting fires or responding to emergency fire calls, any publicly owned authorized emergency vehicle used by an emergency medical technician or paramedic, or used for towing or servicing other vehicles, or repairing damaged lighting or electrical equipment, any motor vehicle of mosquito abatement, vector control, or pest abatement agencies and used for those purposes, or any ambulance used by a private entity under contract with a public agency.
SECTION 49. Section 1 of chapter 21N is hereby amended by inserting the following definitions:
“Motor vehicles”, as defined in section 1 of chapter 90.
“Motor vehicle fleet” is a set of at least twenty-five motor vehicles under the same ownership or control and registered in the Commonwealth of Massachusetts.
“Motor vehicle fleet serving a public purpose” is a motor vehicle fleet of which a portion is leased, rented, or contracted by the Commonwealth of Massachusetts or a municipality or any political subdivision thereof from a person or entity other than the Commonwealth of Massachusetts or a municipality to provide a public service or for its own use, including school buses and paratransit vehicles.
“Public motor vehicle fleet” is a motor vehicle fleet owned by the Commonwealth of Massachusetts, a transportation authority, a school district, a public university, a quasi-public agency, or a municipality or in the shared ownership of multiple municipalities, or any political subdivision thereof. A public motor vehicle fleet includes vehicles under the same ownership of the Commonwealth or a municipality, even if a portion of the motor vehicle fleet is under the management or control of separate secretariats, departments, agencies, or offices.
“Electric vehicle”, as defined in section 1 of chapter 90.
SECTION 50. Chapter 21N is hereby amended by inserting after section 7 the following sections: -
Section 7A. The Secretary, in consultation with the department of energy resources, department of transportation, department of environmental protection, and department of public utilities, shall develop a transition to an electric motor vehicle fleet program and promulgate regulations to require the following motor vehicle fleet standards: (a) fifty percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2025; (b) seventy-five percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2027; and (c) one hundred percent of all public motor vehicle fleets and motor vehicle fleets serving a public purpose shall be electric vehicles by 2030.
In reaching the Commonwealth’s public fleet requirements defined in this section, the Secretary shall prioritize for electrification any vehicles cited as medium- or high-priority by the study commissioned pursuant to section 6 of chapter 448 of the acts of 2016. To meet the deadlines established in this section, the Secretary shall prioritize electric vehicle deployment in locations serving environmental justice populations as defined in the general laws or, in the absence of a statutory definition, the environmental justice policy of the executive office of energy and environmental affairs, as may be amended.
Section 7B. Notwithstanding section 9A of chapter 7, vehicles subject to the electric vehicle public motor vehicle fleet program include: all public motor vehicle fleets, all motor vehicle fleets serving a public purpose, and all motor vehicle fleets that are owned, leased, rented, or contracted, by quasi-public agencies, excluding emergency vehicles. The Department of Energy Resources, with input from the Department of Environmental Protection, Department of Public Utilities, and Department of Transportation, shall: (i) establish goals for private motor vehicle fleets conversion; (ii) identify and implement incentives to support electric vehicle purchases; (iii) work with owners of motor vehicle fleets used, at least in part, for the purpose of commercial ride-sharing and ride-hailing and passenger transportation, including vehicles regulated pursuant to chapter 159A½ to transition to electric vehicles; (iv) work with owners of motor vehicle fleets used for public transportation licensed to operate in the Commonwealth pursuant to chapter 90 or chapter 159A to transition to electric vehicles; and (v) work with owners of motor vehicle fleets used as commercial motor carriers, freight services, limousine services, and taxis registered to operate in the Commonwealth to transition to electric vehicles.
Section 7C. The Secretary, in consultation with the executive office for administration and finance, shall require that new motor vehicles purchased by the Commonwealth shall be electric vehicles according to the following deadlines:(i) forty percent of all purchases in 2024; (ii) sixty percent of all purchases in 2025; (iii) eighty percent of all purchases in 2026; (iv) ninety percent of all purchases in 2027; and (v) one hundred percent of all purchases in 2028.
Section 7D. The Department of Energy Resources shall design and implement an incentive program to encourage the conversion of private fleets to electric vehicles. Should an owner of a motor vehicle fleet fail to comply with electric vehicle program requirements, the Department of Energy Resources shall remove the incentive for that owner and require reimbursement of the incentive. As part of the incentive program, the Department of Energy Resources shall ensure a specific pool of funds, not less than ten percent of all funds allocated to the incentive program, is available to municipalities to promote the transition to electric vehicle motor vehicle fleet.
SECTION 51. Beginning in 2024 and every five years thereafter through 2040, the Secretary shall submit a report to the Legislature that measures the Commonwealth’s progress towards implementation of the electric vehicle motor vehicle fleet program. The report shall: (i) assess the electric vehicle market in the Commonwealth; (ii) identify funding sources to serve as incentives for purchasing electric vehicles to offset costs to agencies, municipalities, and businesses; (iii) identify barriers to increased penetration of electric vehicles; and (iv) recommend legislative and regulatory action to address those barriers.
SECTION 52. The Secretary may provide education, training, and technical assistance to motor vehicle fleet operators to support electric vehicle penetration.
SECTION 53. The regulations required pursuant to sections 7A through 7D of said chapter 21N shall be promulgated and in effect not later than 270 days following the effective date.
SECTION 54. Section 6 of chapter 25A of the General Laws, is hereby amended by inserting after clause (11) the following clause:-
(12) develop and adopt, as an appendix to the state building code, in consultation with the board of building regulations and standards, a specialized net-zero energy code that includes, but is not limited to, a definition of net-zero building.
SECTION 55. Section 96 of said chapter 143, as so appearing, is hereby amended by inserting, in line 7, after the word “to” the following words:- , the specialized net-zero energy code developed and adopted by the department of energy resources.
SECTION 56. Section 97 of said chapter 143, as so appearing, is hereby amended by striking out, in line 22, the words “a reasonable time” and inserting in place thereof the following words:- 45 days.
SECTION 57. To develop the specialized net-zero energy code required by section 6 of chapter 25A of the General Laws, the department of energy resources shall hold not less than 5 public hearings in geographically diverse locations throughout the commonwealth that shall represent the distinguishing characteristics of rural, suburban and urban households, 3 of which shall be held in an underserved community or community with a high percentage of low-income households. The specialized net-zero energy code required by said section 6 of said chapter 25A shall be developed, adopted and incorporated as an appendix to the state building code not later than 1 year after the passage of this act.
SECTION 58. Section 94 of chapter 143 of the General Laws, is hereby amended by striking out subsection (o) and inserting in place thereof the following subsection:-
(o) To adopt and fully integrate as part of the state building code: (i) the latest International Energy Conservation Code, (ii) the net-zero energy code required by section 6 of chapter 25A of the General Laws for new residential construction beginning on January 1st 2025, (iii) the net-zero energy code required by said section 6 of said chapter 25A for new commercial construction beginning on January 1st 2028, and (iv) any more stringent energy-efficiency provisions that the board, in consultation with the department of energy resources, concludes are necessary to achieve the emissions limits established by subsection (b) of section 3 of chapter 21N of the General Laws as amended, and the renewable energy requirements established by subsection (a) of section 3 of chapter 25D of the General Laws as amended. The energy provisions of the state building code shall be updated within 1 year of any revision to the International Energy Conservation Code.
SECTION 59. Section 94 of chapter 143 of the General Laws, is hereby amended by striking out subsection (q) and inserting in place thereof the following subsection:-
(q) In consultation with the department of energy resources, to develop requirements and promulgate regulations as part of the state building code, in addition to the requirements enumerated in subsection (o) of Section 94 of chapter 143 of the General Laws, requiring a process to ensure that all new non-residential buildings larger than 10,000 square feet and any major reconstruction, alteration or repair of all such buildings perform as designed with respect to energy consumption by undergoing building commissioning or acceptance testing. Such commissioning must be completed before the issuance of a certificate of occupancy.
SECTION 60. Amendments to the state building and electric code required under section A4 and A8 shall be in effect not later than 18 months after the effective date of this act.
SECTION 61. Chapter 121B of the General Laws is hereby amended by inserting after section 38D the following section:-
Section 38D ½. (a) The department shall develop a program to transition the entire public housing stock of the Commonwealth into highly energy-efficient homes that produce on-site, or procure, enough carbon-free renewable energy to meet total energy consumption annually.
(b) Projects pursuant to this section may include a mix of extremely low income households, low or moderate income households and market-rate housing and may utilize any available source of rental subsidy or financial assistance.(c) The local housing authority shall: (i) comply with section 12, related to wages, labor requirements and the Social Security Act; (ii) comply with section 29, related to wage rates and collective bargaining; (iii) retain the same number of public housing units as existed before participation in this program and to the greatest extent possible: (A) provide for full tenant participation, including public hearings, on adoption or material amendment of its annual plan as required under subsection (h); (B) provide for a tenant lease and grievance procedure substantially similar to that in effect prior to entry into this program; (C) provide that evictions shall be only for good cause; (D) assure that housing assisted under this program is decent, safe and sanitary and that, excepting any market-rate housing, the housing is deed restricted to occupancy by extremely low income households, very low income households or low and moderate income households at affordable rents or sales prices, in perpetuity or for such other term as may be approved by the department, consistent with funding sources; and (E) assure that proceeds from the disposition of public housing and funds generated from new affordable and market-rate housing created to replace public housing, unless restricted to a particular use, shall be allocated to the reconstruction, rehabilitation or repair of public housing developments; (iv) assure that if a participating housing authority redevelops its public housing units, all households residing in the units at the time of planned redevelopment shall receive relocation assistance, if eligible, under this chapter or other applicable statutes; provided however, that such households shall have the right to return to the redeveloped public housing, unless such household is determined to be in unlawful occupancy prior to the approval of the housing authority's application, has materially breached the lease agreement or has been evicted for cause, under applicable law, subject to units of the appropriate size and requirements being available; provided further, that such households shall have priority for placement over new applicants; (v) comply with chapter 334 of the acts of 2006; and (vi) comply with the audit requirements of section 29.
(d) The department shall maximize tenant participation and management by low- and very low-income individuals in the rehabilitation, upgrade, and transition of public housing through education, training, and jobs, all of which are to be funded by the Workforce Training Fund established in section 2RR of chapter 29.
SECTION 62. Chapter 21N of the General Laws is hereby amended by inserting after section 11 the following section:-
Section 12. To achieve the mobilization required to reach 100% renewable electricity and energy by 2030, a just transition for workers is necessary. The attorney general must ensure that the following criteria are met amidst this energy transition:
(a) Any job created in the transition to 100% renewables must be a high-quality union job with guaranteed wage and benefit parity for workers affected by the transition.
(b) Workers affected by the energy transition, including but not limited to fossil fuel workers, mechanics, laborers, are to be prioritized for training and advancement opportunities that allow for them to shift to renewable energy jobs.
(c) After the training referenced in subsection b has been completed, workers affected by the transition are guaranteed a job created in the mobilization to 100% renewables, and will be prioritized over other applicants.
(d) The commonwealth, through the powers of the attorney general, will fund and provide pensions for workers impacted by the transition age 50 or older who elect to retire early in lieu of participation in the training programs described in subsection (b).
(e) The commonwealth, through the department of labor services, will fund training and advancement opportunities, pensions, and the wage and benefit parity for each worker affected by the transition.
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An Act relative to the protection of propane gas ratepayers
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S2122
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SD1627
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T22:07:23.14'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-13T22:07:23.14'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T18:19:06.73'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-09-27T09:55:59.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2122/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 2122) of Ryan C. Fattman and Anne M. Gobi for legislation relative to the protection of propane gas ratepayers. Telecommunications, Utilities and Energy.
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SECTION 1. Section 94 of chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following 2 paragraphs:-
A contract or agreement for the sale of propane for residential heating shall be in writing and contain all the terms and conditions for delivery and shall include an itemized list of the amount of fees, charges, surcharges or penalties. No contract or agreement for the sale of propane for residential heating between a dealer and retail consumer shall have an automatic renewal clause unless the consumer has the right to terminate any future automatic renewal through written notice given not less than 30 days prior to the date the automatic renewal takes effect.
A propane gas dealer who operates in the commonwealth shall make the daily delivery price of propane for residential heating customers available in a clear and conspicuous manner. If the propane gas dealer operates a website for commonwealth customers, the daily delivery price shall be clearly and conspicuously displayed on the dealer’s website.
SECTION 2. Section 1 shall apply to contracts or agreements for the sale of propane, or any renewals thereof, entered into on or after January 1, 2025.
SECTION 3. This act shall take effect on January 1, 2025.
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An Act relative to natural gas shut-off valves, gate boxes and public safety
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S2123
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SD850
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:54:39.4'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T15:54:39.4'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2123) of Paul R. Feeney for legislation relative to natural gas shut-off valves, gate boxes and public safety. Telecommunications, Utilities and Energy.
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Section 144 of Chapter 164 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c)(1) Upon the undertaking of a significant project on a public way exposing confirmed natural gas infrastructure, and with sufficient notice, a municipality or the commonwealth shall submit written notification of the project to a gas company. The gas company shall survey the project area for the presence of Grade 1 or Grade 2 leaks and set repair and replacement schedules for all known or newly detected Grade 1 or Grade 2 leaks. The gas company shall ensure that any shut off valve in the significant project area has a gate box installed upon it or a reasonable alternative that would otherwise ensure continued public safety and that any critical valve that has not been inspected and tested within the past 12 months is verified to be operational and accessible. The gas company shall provide the repair and replacement schedule of gas leaks to the municipality or the commonwealth.
(2) Upon the undertaking of any planned project involving excavation for purposes of performing maintenance on or construction involving any gas mains or services by gas company employees, or any blasting work, the gas company shall ensure that its employees first locate and identify and mark all gas gates and valves, and verify that all are cleared, operational and accessible in clear sight at ground level in advance of any excavation; and that said gas gates and valves are left cleared, and operational following any such project.
(3) The gas company shall ensure that any shut off valve in the significant project area has a gate box installed upon it by its employees to ensure continued public safety.
(4) The gas company shall provide the municipality or the commonwealth with written confirmation that the gas gates and valves have been cleared, inspected and tested by its employees and found to be capable of accepting a gate key; and, shall provide the municipality or commonwealth with undated, correct information if the location of gates or valves is determined to have been previously improperly located.
(5) Failure to undertake verification that gas gates and valves have been cleared, and are both operational and accessible prior to the start of and following an excavation, or blasting work, shall be subject to a fine of up to $10,000. Failure to submit written confirmation of such verification shall be subject to a fine of $200 per day.
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An Act to ensure safety and transparency in pipeline repair
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S2124
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SD1110
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:44:33.707'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:44:33.7066667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-30T11:10:55.24'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T14:48:49.38'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T13:59:08.6333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-05T13:14:16.84'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-04-04T13:38:49.0366667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-05-09T09:29:08.3833333'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2124) of Paul R. Feeney, Marc R. Pacheco, Jacob R. Oliveira, Thomas M. Stanley and others for legislation to ensure safety and transparency in pipeline repair. Telecommunications, Utilities and Energy.
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Section 2 of chapter 164, as appearing in the 2016 Official Edition of the General Laws, is hereby amended by adding the following paragraphs:-
All construction, reconstruction, installation, alteration, or repair not performed by gas or electric public utility employees on public infrastructure shall be performed and procured under sections 26 through 27F of chapter 149 inclusive and section 39M of chapter 30. The gas and electric utilities shall request from the department of labor standards prevailing wage rate sheets for each municipality they are working in once every six months.
The department, under chapter 30A and in consultation with all gas and electric utilities, shall within one year promulgate rules and regulations for the training and implementation of a certification program for contractors and their employees repairing or performing work on public infrastructure in the Commonwealth.
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An Act reducing administrative burden for government and industry
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S2125
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SD1116
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:45:17.447'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:45:17.4466667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T15:27:50.8166667'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2125) of Paul R. Feeney and Michael D. Brady for legislation to reduce administrative burden for government and industry. Telecommunications, Utilities and Energy.
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Section 6B of chapter 159B of the General Laws, as appearing in the 2020 Official Edition, shall be amended by striking the fifth paragraph in its entirety.
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An Act relative to solar energy grants at posts of veterans' organizations
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S2126
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SD1652
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:49:47.367'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-18T16:49:47.3666667'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2126) of Paul R. Feeney for legislation relative to solar energy grants at posts of veterans' organizations. Telecommunications, Utilities and Energy.
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Section 2 of Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 2RRRRR.
(a) As appearing in the following section the following word shall, unless the context clearly requires otherwise, have the following meaning:
“Veterans’ organization”, any veterans' organization incorporated by the Congress of the United States.
(b) There is hereby established and set up on the books of the commonwealth an expendable trust to be known as the Veterans' Organization Posts solar program. The secretary of energy and environmental affairs shall establish a grant program to provide solar energy technology to Veterans organizations, that any such grant shall be expended for solar energy technology at the local Veterans' organization's headquarters location, hall, or post; provided further, that 100 per cent of the solar energy produced by said technology will benefit the awarded local Veterans organization. The amounts credited to the trust shall be available for expenditure, subject to appropriation, not to exceed $500,000 in a fiscal year, for the costs associated with purchasing and installing solar energy generating equipment for Veterans organizations that meet criteria set forth by the secretary; provided, that not less than 10 grants shall be awarded per fiscal year; provided further, that no grant amount shall exceed $50,000; and provided further, that grants shall be awarded in geographically diverse areas of the commonwealth.
(c) The executive office of energy and environmental affairs shall annually submit a report on disbursements of the trust, including, but not limited to, grant awardees and amounts awarded, to the clerks of the house and senate and the joint committee on telecommunications, utilities and energy not later than December 31.
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An Act relative to healthy and sustainable schools
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S2127
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SD2256
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T14:32:51.207'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-20T14:32:51.2066667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-08T13:54:52.6633333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T15:56:18.9733333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-08T15:56:18.9733333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-10T14:40:03.25'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T12:27:08.3833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-16T14:04:06.96'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T16:38:12.2466667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-30T12:58:24.9'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-04-04T13:37:43.8233333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-06-12T16:32:17.6566667'}]
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2127) of Paul R. Feeney, Paul W. Mark, Walter F. Timilty, Michael D. Brady and other members of the General Court for legislation relative to healthy and sustainable schools. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 25(A). An Act Relative to Healthy and Sustainable Schools
(a) The Massachusetts General Court finds and declares that:
(i) Whereas building decarbonization is crucial to meeting international, national, and state climate goals and must be rapidly scaled to meet the growing climate crisis.
(ii) Whereas buildings account for 34% of Massachusetts emissions.
(ii) Whereas Massachusetts public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools account for 228,000,000 SQ FT of public building space.
(iii) Whereas Massachusetts public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary school students and employees are already facing existing and expanding climate risks including: extreme weather, heatwaves, and flooding. With 68 schools expected to be affected by sea level rise.
(iv) Whereas Massachusetts public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools use an estimate of 4,503,680,671.2 KWH of energy each year and K-12 schools spending $628,597,062.21 annually.
(v) Whereas the Massachusetts Building Authority has periodically conducted a School Survey on building conditions in K-12 public schools.
(vi) Whereas 102,788 KW of solar energy are already installed on Massachusetts public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools with an estimated additional 1,317,604 KW of renewable energy to be needed to power these educational buildings after deep retrofits are completed.
(vii) Where for every $1 million invested an estimated 3.8 solar direct jobs and 4.7 retrofitting direct jobs are expected to be created with over 40,000 direct jobs estimated to be created from investment into decarbonization of schools.
(viii) Whereas 12.9% of children in Massachusetts currently have asthma and there is overlap with schools with the highest building condition issues and asthma rates in Boston.
(ix) Whereas the State has set forth a goal that public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools be caron-free in their energy by 2033.
(b) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“energy audit”, an investment-grade study of a school that yields recommendations on energy efficiency improvements and renewable energy systems to install on or nearby school properties. Energy audits shall estimate the costs, savings, and greenhouse gas reductions from implementing the recommendations and shall include a list of financing options, including federal, state, and local funding sources. Energy audits shall also include, but not be limited to, mechanical insulation evaluation and inspection of the building envelope(s).
“energy efficiency improvements”, any improvement, repair, alteration, or betterment of any building or facility, subject to all applicable building codes, owned or operated by a public institution of higher education, municipally-owned institution of higher education, and public elementary and secondary school or any equipment, fixture, or furnishing to be added to or used in any such building or facility that is designed to reduce energy consumption. Energy efficiency improvements include, but are not limited to: adding square footage to existing school facilities; building envelope improvements; heating, ventilating, and cooling upgrades; lighting retrofits; installing or upgrading an energy management system; motor, pump, or fan replacements; domestic water use reductions; information technology improvements associated with an energy conservation improvement to school facilities; mechanical insulation; municipal utility improvements associated with an energy conservation improvement to school facilities; and upgrading other energy consuming equipment or appliances
“environmental justice communities”, a population with an annual median household income of not more than 65 per cent of the statewide median income or with a segment of the population that consists of residents that is not less than 25 per cent minority, foreign born or lacking in English language proficiency based on the most recent United States census.
“historically marginalized communities”, a community that has historically suffered from discrimination and has not had equal access to public or private economic benefits due to the race, ethnicity, gender, geography, language preference, immigrant or citizen status, sexual orientation, gender identity, socioeconomic status, or disability status of its members.
“Office”, the Healthy and Sustainable Schools Office.
“renewable energy systems”, energy generated from any source that qualifies as a Class I or Class II renewable energy source under sections 11F of chapter 25A.
“School Building Authorities”, the Massachusetts School Building Authority, University of Massachusetts Building Authority, and Massachusetts State College Building Authority.
(c) (1) All public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools shall receive Energy audits. Energy audits shall be provided to schools at no cost. Energy audits shall be performed within 24 months after the effective date of this Act.
(2) Energy audits shall be prioritized for all public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools located in environmental justice communities.
(3) Public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools that are located in environmental justice communities shall receive priority for any energy efficiency improvements or installations of renewable energy systems that are authorized under this act.
(d) (1) In the department of energy resources within the executive office of energy and environmental affairs, there shall be a Healthy and Sustainable Schools Office. The Office shall carry out its duties and responsibilities in coordination with School Building Authorities.
(2) The Office shall have a director appointed by the Governor; two members appointed by the State Senate, one of whom shall be a representative of organized labor; and two members appointed by the Assembly, one of whom shall be a representative of organized labor. The Office shall employ architects, consulting engineers, attorneys, construction, financial and other experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment.
(3) The Office shall conduct energy audits at all public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools. Energy audits shall be prioritized for public institutions of higher education, municipally-owned institutions of higher education, and public elementary and secondary schools located in environmental justice communities.
(4) The results of each energy audit shall be memorialized by the Office and shall be provided to the applicable school and School Building Authorities. The Office shall retain a copy of each energy audit and promptly make the results available for public inspection on its website. Any information sensitive to school safety and security shall be redacted before being made public.
(5) The Office shall facilitate implementing recommended energy efficiency improvements and installing renewable energy systems on or nearby school property. The Office is authorized and encouraged to aggregate projects to maximize efficiency, including but not limited to negotiating bulk purchases of renewable energy and energy efficiency equipment, energy audits, and installation services. The Office shall prioritize installing energy efficiency improvements and renewable energy systems at schools located in environmental justice communities.
(6) Third party contractors shall be prohibited from performing both energy audits and installing energy efficiency improvements and renewable energy systems at the same school.
(7) The Office shall seek public input from stakeholders, including but not limited to school boards, labor union representatives, and community representatives when implementing recommended energy efficiency improvements and installing renewable energy systems.
(8) The Office is authorized to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act.
(9) The office shall ensure that contractors and subcontractors of all tiers engaging in the construction and installation of energy efficiency improvements and renewable energy systems submit sworn certifications as part of the bidding process that the firm will:
(i) Provide documentation of its participation in State or Federally registered apprenticeship training program(s) for each trade in which it employs craft workers.
(ii) Ensure that each employee on the project will be paid, at minimum, wages and benefits that are not less than the prevailing wage and fringe benefits rates as prescribed in sections 26 through 27D of Chapter 149, for the corresponding classification in which the employee is employed.
(iii) Comply with the Commonwealth’s public bidding laws, including G.L. c. 149, s. 44A, c. 149A, s.8, and c. 30, s. 39M, as applicable.
(iv) Comply with all other Federal, State, and Local laws.
(v) Prioritize hiring residents from environmental justice communities and members of historically marginalized communities.
(vi) Comply with all State and Local hiring goals for women, minorities, and veterans.
(vii) Provide documentation of its partnership(s) with high-quality preapprenticeship
training programs.
(viii) Become signatory to a project labor agreement if such an agreement is selected as the project delivery method for the construction project by the contracting authority.
A bid will not be considered complete and ready for review until all certifications have been submitted as part of its bid package. The failure to include complete and accurate certifications prior to the bid deadline shall be grounds for disqualification from the bidding process.
(10) The Office shall ensure that contractors and subcontractors of all tiers, as part of the bid process, disclose and certify the following:
(i) Contractors and sub-contractors on the project are currently, and will remain, in compliance with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the duration of the project.
(ii) Contractors and sub-contractors on the project, have complied with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the last three (3) calendar years.
(iii) When contractors or sub-contractors on the project cannot meet the certification requirements provided for in Paragraphs (1) and (2) of this subsection, the contractors or subcontractors must submit proof of a wage bond or other comparable form of insurance in an amount equal to the aggregate of one year’s gross wages for all workers projected to be employed by the contractor or sub-contractor for which certification is unavailable, to be maintained for the life of the project.
(e) (1) The State shall appropriate funds to a revolving fund to finance activities authorized under this act, including but not limited to providing energy assessments and installing energy efficiency improvements and renewable energy systems on or nearby school property. The Office shall be responsible for administering this fund.
(2) The Office shall make application for, receive, and accept funding from local and federal sources to carry out its duties, including but not limited to the following sources:
(i) funding authorized under the Infrastructure Investment and Jobs Act, including but not limited to funding programs under the Department of Energy’s State and Community Energy Program,
(ii) funding authorized under the Inflation Reduction Act, including but not limited to the Greenhouse Gas Reduction Fund,
(iii) funding authorized under the American Rescue Plan Act, including but not limited to funds for elementary and secondary emergency relief,
(iv) State bonds,
(v) funding from green banks, and
(vi) department funding.
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An Act relative to the failure to remove existing utility poles
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S2128
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SD1112
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T14:21:55.73'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T14:21:55.73'}]
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 2128) of Cindy F. Friedman for legislation relative to the failure to remove existing utility poles. Telecommunications, Utilities and Energy.
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Chapter 164 of the General Laws is hereby amended by inserting after section 34B the following section:-
Section 34C. A distribution company or a telephone company engaging in the removal of an existing pole and the installation of a new pole in place thereof that does not complete the transfer of wires, all repairs, and the removal of the existing pole from the site within 90 days from the date of installation of the new pole shall pay a fine of $200 to the municipality where the existing pole is located for every day after 90 days from the date of installation of the new pole; provided, however, that for any approved commercial or industrial construction project, the completion of which is expected to take longer than one year, said company shall pay a fine of $200 to the municipality where the existing pole is located for every day after 6 months from the date of installation of the new pole that the transfer of wires, all repairs, and the removal of the existing pole from the site are not completed.
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An Act relative to anaerobic digestion and agricultural energy
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S2129
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SD26
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T10:54:52.067'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T10:54:52.0666667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T11:48:35.1666667'}]
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2129) of Anne M. Gobi and Kimberly N. Ferguson for legislation relative to anaerobic digestion and agricultural energy. Telecommunications, Utilities and Energy.
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SECTION 1. Section 11F of chapter 25A of the General Laws, as amended by the chapter 188 of the acts of 2016 is hereby further amended by adding the following subsection:-
j. The department shall adopt regulations that provide that the electric energy renewable generating sources that qualify as Class I under subsection (c)(7) by utilizing by-products or waste from agricultural crops, food or animals and located on land used for agriculture, as defined under section 1A of chapter 128, shall count double with respect to the minimum percentage calculated under subsection (a).
SECTION 2. Subsection (i) of section 139 of chapter 164 of the General Laws, amended by chapter 75 of the acts of 2016, is hereby further amended by adding the following sentence: -
An anaerobic digestion net metering facility or an agricultural net metering facility which meets the definition of an anaerobic digestion net metering facility or an agricultural net metering facility as defined in Section 138 of chapter 164 of the General Laws shall be exempt from aggregate net metering capacity caps under subsection (f), and may net meter and accrue Class I, II, or III net metering credits.
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An Act relative to the licensure of appraisers
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S213
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SD527
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:33:01.47'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:33:01.47'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-06-04T15:24:55.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S213/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 213) of Michael F. Rush for legislation relative to the licensure of appraisers. Consumer Protection and Professional Licensure.
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Section 8G of chapter 26 of the general laws, as appearing in the 2016 Official Edition, is hereby amended by striking the first paragraph in its entirety and inserting the following new paragraph in place thereof:-
“There shall be in the division of professional licensure an auto damage appraiser licensing board, hereinafter called the board, consisting of seven persons. The governor shall appoint two members who shall be affiliated with the auto body repair industry and two members who shall be affiliated with insurance companies writing casualty insurance within the commonwealth. The attorney general shall appoint one representative of her office and shall appoint one additional person, unaffiliated with her office, an auto body shop or an insurance company, to represent consumers. The commissioner of the division of professional licensure shall appoint one person who shall not be affiliated with either the auto body industry or the insurance industry and who shall be the chairman of the board. No member shall serve for more than 2 consecutive and complete 3-year terms. As the term of the office of a member expires, a successor shall be appointed in like manner for a term of 3 years. A vacancy on the board shall be filled within 60 days from the date of the vacancy.”
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An Act relative to monthly minimum reliability contributions
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S2130
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SD71
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:48:27.013'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T13:48:27.0133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2130/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2130) of Anne M. Gobi for legislation relative to monthly minimum reliability contributions. Telecommunications, Utilities and Energy.
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SECTION 1. Section 139 of Chapter 164 of the General Laws, as amended by Section 9 of Chapter 75 of the Acts of 2016, is hereby amended by striking the first sentence of the third paragraph of subsection (j) and inserting in place thereof the following:-
The department shall exempt from any monthly minimum reliability contribution the following: municipal ratepayers, low-income ratepayers, community solar ratepayers, and owners of small-scale solar projects of 25 kilowatts or less.
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An Act relative to municipal light plant emergency mutual aid
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S2131
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SD74
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:14:50.577'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T14:14:50.5766667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-10T12:51:52.24'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-05-11T22:22:56.33'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-09-26T13:07:53.3233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2131/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2131) of Anne M. Gobi for legislation relative to municipal light plant emergency mutual aid. Telecommunications, Utilities and Energy.
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Section 133 of Chapter 164 of the General Laws as appearing in the 2022 Official Edition is hereby amended by adding in the third paragraph at line 12 after the words “plant.” The following sentence:
“Any municipal lighting plant providing emergency mutual aid may sell, rent, or lease equipment, fixtures, and goods of any description related to the provision of emergency mutual aid”
And said section is further amended by adding after the fifth paragraph the following sentence:
“Any employee of a municipal lighting plant providing emergency mutual aid, shall be covered by the provisions of chapter thirty-two, sections one to twenty-eight, inclusive, as may be amended from time to time, and shall have the same rights and privileges thereunder, as if performing such duties within the scope of his employment including voluntary assignments authorized by the employer.”
And said section is further amended by adding in the sixth paragraph at line 27 after the words “utility”, the following words: “or its employees”
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An Act to further clean the Commonwealth's air
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S2132
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SD1212
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T11:49:58.097'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T11:49:58.0966667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-27T14:20:10.4033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2132/DocumentHistoryActions
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Bill
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By Ms. Gobi, a 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. Telecommunications, Utilities and Energy.
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SECTION 1. Section 11F 1/2 of Chapter 25A of the general laws, as so appearing in the 2022 official edition, is hereby amended by adding the following to the end of Section 11F 1/2 (e):
The department shall provide that for facilities generating useful thermal energy by using eligible biomass technologies that also install an electrostatic precipitator or other emissions control device, an alternative energy credit shall be earned for 1,706,000 British thermal units of net useful thermal energy so as to improve air quality.
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An Act to establish standards for the pole attachment process to facilitate the construction of broadband networks
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S2133
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SD651
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T15:53:19.227'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-17T15:53:19.2266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2133/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2133) of Adam Gomez for legislation to establish standards for the pole attachment process to facilitate the construction of broadband networks. Telecommunications, Utilities and Energy.
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SECTION 1. Section 25A of Chapter 166 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end of the eighth paragraph, after the words “used principally for the supply of electricity in bulk”, the following new sentence:-
“Notwithstanding the foregoing, attachments may be made pursuant to 25B of this chapter, or pursuant to order or regulation of the department.”
SECTION 2. Said Chapter 166 is hereby further amended by adding after Section 25A the following new section:-
Section 25B. One Touch Make Ready Applications
(a) The following terms as used in this section shall have the following meanings:
(1) “Abandoned Joint-Use Utility Pole”, means a joint-use utility pole from which all attachments have been removed.
(2) "Assigned space", means the space on a utility pole assigned by this Statute for the attachments of conductors or circuitry by joint-use entities, consistent with the provisions of the National Electrical Safety Code, Blue Book, or other reasonable practices. Assigned space does not include common space, including the communications worker safety zone. Space which may be available on a joint-use utility pole for an additional attaching entity must not be considered assigned space until an additional attachment is made, but must instead be considered common space.
(3) "Attaching entity", means a joint-use entity with an attachment to a joint-use utility pole.
(4) "Blue Book", means the "SR-1421, Blue Book – Manual of Construction Procedures" as published by Telcordia.
(5) "Common Space", means space of a joint-use utility pole used by all joint users in common and consists of the portion of a pole beneath ground level, the portion from ground level to the lowest place on the pole at which a telecommunications circuit may be attached, plus all but 6 inches of the telecommunications worker safety zone. The common space is equal to the length of the pole minus the assigned spaces for each attaching entity. In addition, for the purpose of assigning and allocating space and costs on a joint-use utility pole, space which may be available for an additional attachment, and which would become assigned space if an additional attachment were made, must be considered common space until such an attachment is made.
(6) "Complex make-ready", means any make ready work above the communications space; transfers and work within the communications space that would be reasonably likely to cause a service outage or facility damage, including the splicing of any communication attachment or relocation of an existing wireless attachment; and the replacement of a joint-use utility pole. Any and all wireless activities, including those involving mobile, fixed, and point-to-point wireless communications and wireless.
(7) "Communications space", means the portion on a joint-use utility pole that begins at the bottom of the communications worker safety zone and ends at the lowest point above grade to which a horizontal communications wire can be attached consistent with the National Electrical Safety Code.
(8) "Communication worker safety zone", means a 40-inch vertical space, or other amount as required by the National Electrical Safety Code for the purpose of safety, on which no electric or communications circuitry may be attached. The zone is located between the areas to which electric conductors and communication circuitry may be attached. All but six inches of the "communications worker safety zone" must be considered part of the common space of a utility pole.
(9) “Information service provider”, means a provider of “information service” as defined in Title 47 of the United States Code.
(10) “Joint-use entity”, means a utility, licensee, or wireless provider.
\(11) "Joint-use utility pole" is a utility pole on which there are circuit or electric conductor attachments by an electric utility and attachments by one or more joint-use entities. Joint-use utility poles do not include poles whose sole purpose is supporting electrical transmission conductors as defined by the Federal Energy Regulatory Commission. However, if an electric utility under-builds a transmission line with distribution, those poles are considered joint-use utility poles.
(12) ''Licensee'', means any person, firm or corporation other than a utility, which is authorized to construct lines or cables upon, along, under and across the public ways. For the purposes of this section, the term shall also include a municipal lighting plant or cooperative that operates a telecommunications system outside the limits of its service territory pursuant to section 47E of chapter 164, but only for those attachments that are outside its service territory.
(13) "Make-ready work" or "make-ready", means the modification or replacement of a joint-use utility pole, or of the lines or equipment on the joint-use utility pole, to accommodate additional facilities on the joint-use utility pole.
(14) "National Electric Safety Code" or "NESC", means published by the Institute of Electrical and Electronics Engineers and approved by the American National Standards Institute Code C2.
(15) "Overlash", means the tying or lashing of additional communications wires, cables, and facilities to existing communications wires, cables, or supporting strand already attached to poles.
(16) "Pole attachment" or "attachment", means the physical connection of a facility that a joint-use entity uses to provide communications or electric service.
(17) "Pole owner", means an entity that owns or jointly owns a joint-use utility pole, or controls usable space on a joint-use utility pole.
(18) "Replaced joint-use utility pole", means a joint-use utility pole that has been replaced by a new joint-use utility pole. Once the last attachment has been removed from the pole, the pole becomes an abandoned joint-use utility pole.
(19) "Requesting party”, means a utility or joint-use entity that is seeking to place attachments on joint-use utility poles.
(20) "Simple make-ready", means make-ready work where existing attachments in the communications space of a joint-use utility pole can be transferred without any reasonable expectation of a service outage or facility damage and where the transfer does not require splicing of any existing communication attachment or relocation of an existing wireless attachment. Simple make ready does not apply to attachments above the communications space or pole replacements.
(21) "Usable Space", means the space on a joint-use utility pole above the minimum grade level which can be used for the attachment of wires, cables, and associated equipment.
(22) ''Utility'', means any person, firm, corporation or municipal lighting plant that owns or controls or shares ownership or control of poles, ducts, conduits or rights of way used or useful, in whole or in part, for supporting or enclosing wires or cables for the transmission of intelligence by telegraph, telephone or television or for the transmission of electricity for light, heat or power.
(23) ''Wireless provider'', means any city or town incorporated in the commonwealth, person, firm, or corporation which provides telecommunications service. A utility shall not be considered a wireless provider for the purposes of this section.
(b) Qualified Contractors:
(1) A pole owner may make available a list of contractors it authorizes to perform surveys and make-ready in the communications space on its utility poles in cases involving One Touch Make-Ready under Subsection (c) of this Section. Listed contractors must be trained to work with coaxial and fiber optic cable and be reasonably insured or bonded.
(2) If a requesting party hires a contractor for purposes specified in Subsection (c) of this Section, the requesting party may choose from the pole owner's list of authorized contractors or request the addition to the pole owner’s authorized contractor list any contractor that meets the minimum qualifications in Subsection (b)(5) of this Section, and the pole owner may not unreasonably deny such a request.
(3) If a pole owner does not provide a list of approved contractors for surveys or simple make-ready or no contractor on the pole owner’s contractor list is available within a reasonable time period then the requesting party may choose its own qualified contractor that meets the requirements in Subsection (b)(5) of this Section. When choosing a contractor that is not on the pole owner’s list, the requesting party must certify to pole owner that its contractor meets the minimum qualifications described in Subsection (b)(5) of this Section when providing notices required by Subsection (c) of this Section.
(4) A pole owner may disqualify any contractor chosen by a requesting party that is not on the pole owner’s contractor list, but such disqualification must be based on reasonable safety or reliability concerns related to the contractor’s failure to meet any of the minimum qualifications described in Subsection (b)(5) of this Section or to meet the pole owner’s publicly available and commercially reasonable safety or reliability standards. The pole owner must provide notice of its contractor objection within the notice requirements of Subsection (c) of this Section and in its objection must identify at least one available qualified contractor.
(5) In addition to the requirements in Subsection (b)(1) of this Section, pole owners must ensure that contractors on their lists as described in this Section, and requesting parties must ensure that contractors they select pursuant to Subsection (b)(3) of this Section, meet the following minimum requirements:
(6) The contractor has agreed to follow published safety and operational guidelines of the pole owner, if available, but if unavailable, the contractor shall agree to follow National Electrical Safety Code guidelines;
(7) The contractor has acknowledged that it knows how to read and follow licensed-engineered pole designs for make-ready, if required by the pole owner;
(8) The contractor has agreed to follow all local, state, and federal laws and regulations including, but not limited to, the rules regarding Qualified and Competent Persons under the requirements of the Occupational and Safety Health Administration rules; and
(9) The contractor has agreed to meet or exceed any uniformly applied and reasonable safety and reliability thresholds set by the pole owner, if made available.
(10) A requesting party that hires a contractor for survey or make-ready work must provide a pole owner or affected attaching entity with a reasonable opportunity for a representative to accompany and consult with the authorized contractor and the requesting party.
(11) The consulting representative of an electric utility may make determinations, on a nondiscriminatory basis, where there is insufficient capacity and for reasons of safety, reliability, and generally applicable engineering purposes.
(c) One touch make ready application process
(1) One Touch Make-Ready Option for Simple Make-Ready: For attachments involving simple make-ready, a requesting party may elect to proceed with the process described in this Subsection. It is the responsibility of the requesting party to ensure that its contractor determines whether the make-ready requested in an attachment application is simple make-ready.
(i) An application for attachment must be submitted in writing and must provide the pole owner with the information necessary to grant or deny the application.
(ii) A requesting party electing the one touch make-ready option must indicate that it intends to perform one-touch make-ready in its attachment application and must identify the simple make-ready it will perform.
(iii) A pole owner must review the requesting party's attachment application for completeness before reviewing the application on its merits. An attachment application is considered complete if it provides the pole owner with the information necessary under its procedures, as specified in a master service agreement or in publicly-released requirements at the time of submission of the application, to make an informed decision on the application.
(iv) A pole owner must complete its review for completeness within 10 business days of receipt of the application and notify the requesting party of that decision. If the pole owner does not respond within 10 business days after receipt of the application, or if the pole owner rejects the application as incomplete but fails to specify any reasons in the application, then the application is deemed complete.
(v) If the pole owner timely notifies the requesting party that its attachment application is not complete, then the pole owner must specify all reasons for finding it incomplete. Any resubmitted application need only address the pole owner's reasons for finding the application incomplete and must be deemed complete within 5 business days after its resubmission, unless the pole owner specifies to the requesting party which reasons were not addressed and how the resubmitted application did not sufficiently address the reasons. The requesting party may follow the resubmission procedure in this paragraph as many times as it chooses so long as in each case it makes a bona fide attempt to correct the reasons identified by the pole owner, and in each case the deadline set forth in this paragraph shall apply to the utility's review.
(vi) The pole owner shall review on the merits a complete application requesting one-touch make-ready and respond to the requesting party either granting or denying an application within 30 days of the pole owner's receipt of a complete application.
(vii) If the pole owner denies the application on its merits, then its decision shall be specific, shall include all relevant evidence and information supporting its decision, and shall explain how such evidence and information relate to a denial of access for reasons of lack of capacity, safety, reliability, or engineering standards.
(viii) Within the 30–day application review period, a pole owner may object to the designation by the requesting party's contractor that certain make-ready is simple. If the pole owner objects to the contractor's determination that make-ready is simple, then it is deemed complex. The pole owner's objection is final and determinative so long as it is specific and in writing, includes all relevant evidence and information supporting its decision, made in good faith, and explains how such evidence and information relate to a determination that the make-ready is not simple.
(2) Surveys. The requesting party is responsible for all surveys required as part of the one-touch make-ready process and must use a contractor that is appropriately trained and licensed as well as reasonably insured or bonded and otherwise meets the requirements of Subsection (b)(5) of this Section.
(i) A requesting party may need to perform a survey to determine whether the necessary make-ready work is simple or complex before filing an application for one-touch make-ready.
(ii) The requesting party must permit the pole owner and any affected attaching entity to be present for any field inspection conducted as part of the requesting party's surveys. The requesting party must use commercially reasonable efforts to notify the pole owner and any affected attaching entities three business days before a field inspection as part of any survey and must provide the date, time, and location of the surveys, and the name of the contractor performing the surveys.
(3) Make-Ready. If the pole owner approves the requesting party's attachment application and if the requesting party has provided 15 calendar days’ prior written notice of the make-ready to the pole owner and affected attaching entities, the requesting party may proceed with make-ready using a contractor that is appropriately trained and licensed as well as reasonably insured or bonded and otherwise meets the requirements of Subsection (b)(5)of this Section.
(i) The prior written notice must include the date and time of the make-ready work, a description of the work involved, and the name of the contractor being used by the requesting party and must provide the pole owner and any affected attaching entities a reasonable opportunity to be present for any make-ready work.
(ii) The requesting party must immediately notify a pole owner or affected attaching entity if the make-ready work damages any equipment or causes an outage that is reasonably likely to interrupt service. Upon receiving notice from the requesting party, the pole owner or affected attaching entity may either: Complete any necessary remedial work and bill the requesting party for the reasonable costs related to fixing the damage or require the requesting party to fix the damage at its expense immediately following notice from the pole owner or affected attaching entity.
(iii) In performing make-ready work, if the requesting party, the pole owner, or an affected attaching entity determines that any work classified as simple make-ready is actually complex make-ready, then that specific make-ready work must be halted, and the determining party must provide immediate notice to the other parties of its determination and the affected poles. The affected make-ready will then be completed by the responsible party as soon as reasonably practicable.
(4) Post-Make-Ready Timeline. A requesting party must notify the pole owner and any affected attaching entities with notice of the completion of the make-ready work within 15 calendar days of completion. Such notice must provide the pole owner and any affected attaching entities 90 calendar days from receipt of the notice to inspect the make-ready work, and that the pole owner and any affected attaching entities have 14 calendar days from the completion of their inspection to notify the requesting party of any damage or code violation resulting from the make-ready work. The pole owner or affected attaching entity may either complete any necessary remedial work and bill the requesting party for reasonable costs associate with the remediation or require the requesting party to perform the remediation at the requesting party's expense within 14 calendar days of notification.
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An Act to expand the low income home energy assistance program
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S2134
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SD1837
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T15:37:05.193'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T15:37:05.1933333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-09T10:54:42.57'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2134/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2134) of Adam Gomez and Mark C. Montigny for legislation to expand the low income home energy assistance program. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 23B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after section 24B the following new section:-
Section 24C. (a) The undersecretary of the Department of Housing and Community Development shall operate a low-income cooling assistance program in accordance with the Low-Income Home Energy Assistance Act, 42 United States Code sections 8621 through 8630, to cover the cost of an eligible household purchasing and installing an air-conditioning unit and/or ceiling fans and/or box fan(s) up to $500 total as well as contribute funds to electric bills if these funds are used to assist with cooling/air-conditioning during the appropriate times of the year. To be eligible for the program, a household shall meet the following conditions: (i) household income does not exceed 60 percent of state median income; (ii) the applicant is the homeowner or the applicant provides a written statement from the landlord allowing the installation of a window air-conditioning unit; provided, that no such written statement shall be required for a box fan.
(b) Each fiscal year, the department shall dedicate at least 10 percent of the funds allocated for the purposes of the Low Income Home Energy Assistance Program to the program established in this section. These funds will be distributed to all geographic regions in the commonwealth and priority will be given to underserved communities/disproportionately impacted areas based on income, housing infrastructure and density, and climate.
(c) The undersecretary of the Department of Housing and Community Development shall submit an annual report to the joint committee on housing and the house and senate committees on ways and means summarizing the activities of the program, including, but not limited to, the number of applicants for the program, the number of accepted applications, a list of participating retailers, a list of entities that assist the department in administering the program, the total number of air-conditioning units and box fans distributed under the program, and the costs of the program.
SECTION 2. Section 124F of Chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by replacing the paragraph with the following:-
No gas or electric company shall shut off gas or electric service to any residential customer who cannot pay an overdue charge because of financial hardship. The department may promulgate such rules and regulations consistent with this section as it deems reasonable and necessary to implement the provision of this section.
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An Act establishing a moratorium on new gas system expansion
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S2135
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SD1925
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T10:31:30.447'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T10:31:30.4466667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-09T10:53:35.5366667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-09T10:53:35.5366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-09T10:53:35.5366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T18:18:59.6866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:22:20.86'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-24T11:46:59.77'}, {'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-04-20T16:05:20.9333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2135/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2135) of Adam Gomez, Mike Connolly, Rebecca L. Rausch, Jack Patrick Lewis and other members of the General Court for legislation to establish a moratorium on new gas system expansion. Telecommunications, Utilities and Energy.
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SECTION 1. Section 1 of the General Laws, as appearing in the 2020 Official Edition, is amended by inserting the following definition:-
“Combustible fuel facilities”, infrastructure involving the processing, storage, transmission, or distribution of combustible fuel sources, including but not limited to oil, natural gas, renewable natural gas, and hydrogen.
SECTION 2. Section 69J of said chapter 164, as so appearing, is hereby further amended by inserting, at the end thereof the following:-
No new combustible fuel facility shall be approved, and no expansion of an existing combustible fuel facility shall be approved unless required for the safety of the public, until 2026 at the earliest.
SECTION 3. Section 69K of said chapter 164, as so appearing, is hereby amended by inserting, at the end thereof the following:-
No new combustible fuel facility shall be granted a petition for a certificate, and no expansion of an existing combustible fuel facility shall be granted a petition for a certificate unless required for the safety of the public until 2026 at the earliest.
SECTION 4. Section 30 of said chapter 164, as so appearing, is amended by striking out, in line 1 the words “a gas or” and inserting in place thereof the following word:- “an”.
SECTION 5. Said chapter 164, as so appearing, is hereby further amended by inserting after section 86 the following section:-
Section 86A. A town where no gas company exists in active operation, or where no person owns or operates the manufacture and sale of gas, no gas company, nor any other person, shall dig up and open the streets, lanes, and highways of such town in order to construct a combustible fuel facility.
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An Act to remove woody biomass from the greenhouse gas emissions standard for municipal lighting plants
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S2136
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SD2183
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T14:12:57.253'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T14:12:57.2533333'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-20T14:13:51.2933333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-19T11:52:25.7733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2136/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2136) of Adam Gomez and Orlando Ramos for legislation to remove woody biomass from the greenhouse gas emissions standard for municipal lighting plants. Telecommunications, Utilities and Energy.
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SECTION 1. Section 11F3/4 of Chapter 25A of the General Laws, as appearing in the 2020 Official Edition, and as amended by Section 34 of Chapter 8 of the Acts of 2021, is hereby further amended in clause (i) of subsection (c) by striking the words “biomass fuel; and (11)”.
SECTION 2. This act shall take effect upon its passage.
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An Act limiting the eligibility of woody biomass as an alternative energy supply
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S2137
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SD2209
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T14:15:13.147'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-20T14:15:13.1466667'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-20T14:17:01.68'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-03-07T11:41:26.6033333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-19T11:52:16.99'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2137/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 2137) of Adam Gomez, Orlando Ramos and Jack Patrick Lewis for legislation to limit the eligibility of woody biomass as an alternative energy supply. Telecommunications, Utilities and Energy.
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SECTION 1. Section 11F1/2 of chapter 25A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end of subsection (a) the following:- For intermediate or large generation units, no woody biomass fuel shall be considered an alternative energy supply.
SECTION 2. This act shall not apply to any biomass facility qualified by the department of energy resources as an alternative energy unit pursuant to section 11F1/2 of chapter 25A of the General Laws as of January 1, 2023.
SECTION 3. This act shall take effect upon its passage.
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An Act protecting ratepayers from gas pipeline expansion costs
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S2138
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SD861
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T14:25:54'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T14:25:54'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-25T12:56:36.0633333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T10:57:44.08'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-24T10:43:40.8666667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-06T13:39:59.6066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2138/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 2138) of Patricia D. Jehlen, Rebecca L. Rausch, Carmine Lawrence Gentile, Marc R. Pacheco and others for legislation to protect ratepayers from gas pipeline expansion costs. Telecommunications, Utilities and Energy.
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SECTION 1. Section 94A of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the final paragraph the following new paragraph:-
Notwithstanding anything set forth herein, the department shall not approve any contract for the purchase of gas, gas pipeline capacity or liquefied gas storage where any contract costs would be recoverable from the ratepayers, if such contract requires any construction or expansion of interstate gas infrastructure.
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An Act relative to municipal light plants
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S2139
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SD906
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T14:54:17.197'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-11T14:54:17.1966667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-10T16:01:43.9466667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-04-03T12:16:53.9566667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-09-26T09:09:50.7333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2139/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2139) of John F. Keenan and Jacob R. Oliveira for legislation relative to municipal light plants. Telecommunications, Utilities and Energy.
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SECTION 1. Chapter 164 is hereby amended by striking out section 47D, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-
Section 47D. A municipal lighting plant created pursuant to the provisions of this chapter or any special law shall be exempt from the public record requirements of section 10 of chapter 66 and the open meeting requirements of section 20 and 21 of chapter 30A in those instances when necessary for protecting trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings conducted pursuant to this chapter when such municipal lighting plant board or its designee determines that such disclosure will adversely affect the plant's customers or its ability to conduct business.
SECTION 2. Said chapter 164 is hereby further amended by inserting after subsection 134(b), as appearing in the 2020 Official Edition, the following new subsection:-
(c) Trade secrets or competitively-sensitive or other proprietary information provided in the course of activities conducted as a municipal aggregator or by a cooperative consisting of governmental entities organized pursuant to this section, when such municipal aggregator or cooperative determines that such disclosure will adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy shall not be public subject to disclosure under chapter 66; provided, however, that this clause shall not exempt a public entity from disclosure required of a private entity so licensed.
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An Act relative to the licensure of appraisers
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S214
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SD528
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:33:21.437'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:33:21.4366667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T12:43:00.78'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S214/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 214) of Michael F. Rush and Paul McMurtry for legislation relative to the licensure of appraisers. Consumer Protection and Professional Licensure.
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SECTION 1. Section 8G of chapter 26 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended, in the first paragraph, by striking the words “division of insurance” and inserting the following words in place thereof:- ”division of professional licensure”.
SECTION 2. Section 8G of chapter 26 of the General Laws, as so appearing, is hereby amended, in the first paragraph, by striking the words “commissioner of insurance” and inserting the following words in place thereof:- ”director of the division of professional licensure”.
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An Act establishing off-peak charging rebates
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S2140
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SD2265
| 193
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{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T14:52:32.693'}
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[{'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-01-20T14:52:32.6933333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T16:34:21.62'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-16T11:15:15.58'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-08T08:04:02.9566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2140/DocumentHistoryActions
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Bill
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By Mr. Keenan, a petition (accompanied by bill, Senate, No. 2140) of John F. Keenan and Patrick M. O'Connor for legislation to establish off-peak charging rebates. Telecommunications, Utilities and Energy.
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Within three months after the effective date of this act, the department of public utilities shall open a proceeding to direct distribution companies to propose rate rebates for off-peak electric vehicle charging relative to on-peak charging that incorporate values for avoided energy and capacity costs, avoided transmission costs, avoided distribution costs, improved grid reliability, capacity benefits in the form of demand induced price reduction effects, avoided greenhouse gas emissions and public health benefits. Within six months of the opening of such a proceeding, the department of public utilities shall direct the distribution companies to implement such rebates. Such discounts shall be coordinated to minimize differences between distribution companies.
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An Act to promote energy and economic resilience through clean energy education and job pathway programs
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S2141
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SD1554
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:44:14.747'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-19T16:44:14.7466667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-05-22T12:59:51.5333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S2141/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 2141) of Edward J. Kennedy for legislation to promote energy and economic resilience through clean energy education and job pathway programs. Telecommunications, Utilities and Energy.
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SECTION 1. Section 5 of chapter 59 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following clause:-
Fifty-fifth C, Any system or device used for purposes of storing electrical energy, and all supporting, ancillary or connected structures and devices; furthermore, such system and device shall not be deemed a fixture of the real property upon which it resides and it shall in no way affect or be included in the value of the real property upon which it resides.
SECTION 2. Section 6 of chapter 64H of the General Laws, as amended by section 4 of chapter 90 of the acts of 2018, is hereby further amended by adding the following subsection:-
(yy) Sales of energy storage systems, as defined in section 1 of chapter 164.
SECTION 3.
Chapter 69 of the General Laws is hereby amended by inserting after section 1F the following section:
Section 1.5F
(a) There shall be within the Massachusetts Department of Elementary and Secondary Education a clean energy education program to provide funding to the Commonwealth’s technical and vocational high schools provided said technical and vocational high schools have educational development, workforce training, and job placement programs in the clean and renewable energy industries.
(b) The department of public utilities shall annually direct the electric and gas distribution companies and municipal aggregators with certified energy plans to jointly transfer funds collected pursuant to section 19 of chapter 25 to the Massachusetts Department of Elementary and Secondary Education for the purposes of providing funding to vocational and technical high schools with clean energy and renewable energy programs; clean energy and renewable energy technology programs; energy storage technology programs; electric vehicle technology programs; and clean energy and renewable energy technology manufacturing programs; provided, that the electric and gas distribution companies and municipal aggregators with certified energy plans shall transfer no less than $20,000,000 no later than December 31 each year. Such transfer shall not reduce the amount expended on low-income programs pursuant to subsection (c) of said section 19 of said chapter 25.
SECTION 4. Said section 19 of said chapter 25, as so appearing, is hereby further amended by adding the following subsection:-
(e) Notwithstanding any provision of this section to the contrary, the department shall annually direct the electric and gas distribution companies and municipal aggregators with certified energy plans to jointly transfer, on or before December 31, not less than $20,000,000 in funds collected pursuant to this section to the Massachusetts Department of Elementary and Secondary Education for vocational and technical high schools with clean energy and renewable energy programs; clean energy and renewable energy technology programs; energy storage technology programs; electric vehicle technology programs; and clean energy and renewable energy technology manufacturing programs; pursuant to section 1.5F of chapter 69; provided, however, such transfer shall not reduce the amount expended on low-income programs pursuant to subsection (c).
SECTION 5. Section 146 of chapter 164 of the General Laws, as appearing in section 18 of chapter 227 of the acts of 2018, is hereby amended by striking out the words “Electric distribution companies shall file an annual electric distribution system resiliency report with the department” and inserting in place thereof the following words:- Not later than October 1, 2023, and not later than October 1 of each year thereafter, electric distribution companies shall file an annual electric distribution system resiliency report with the department and the joint committee on telecommunications, utilities, and energy.
SECTION 6. On or before January 1, 2024, the department of energy resources shall establish a rebate for Massachusetts-based companies installing and manufacturing energy storage systems, as defined in section 1 of chapter 164 of the General Laws. The department may consider using, but shall not be limited to, the following funding sources for said rebate: (i) energy efficiency funds under section 19 of chapter 25 of the General Laws provided that such funds shall only be used if the department determines that the energy storage system installed at a customer’s premises provides sustainable peak load reductions on either the electric or gas distribution systems and is otherwise consistent with section 11G of chapter 25A of the General Laws; and (ii) alternative compliance payments established and administered pursuant to section 11F of chapter 25A of the General Laws. The department shall promulgate regulations consistent with this section.
SECTION 7. Subsection (yy) of section 6 of chapter 64H of the General Laws is hereby repealed.
SECTION 8. Section 7 shall take effect on December 31, 2031.
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