On June 25, the Senate debated and passed omnibus clean energy legislation by a vote of 38 -2.
Thank you to everyone who emailed or called with advocacy on this legislation. We heard from more than 400 of you, and we wrote to you before the bill was debated summarizing our work on clean energy siting and permitting as well as the changes that we had won together that were already included in the bill that was released from committee.
When the Senate attempted to debate the bill last Thursday, Republicans used a procedural motion called “laying the bill on the table” to prevent debate, and I took that opportunity to update you in a video, which you can watch here.
I spent most of Tuesday’s debate fighting hard on the amendments I filed. When the dust settled, I was able to secure four major amendments:
Embodied carbon in buildings
Embodied carbon is the greenhouse gas emissions associated with the manufacturing, transportation, installation, maintenance, and disposal of building materials. It also relates to the carbon that can be captured and stored in building materials. My amendment creates an Embodied Carbon Coordinating Council within the state’s Division of Capital Asset Management and Maintenance. This Council will set standards for the types of materials we use in Massachusetts building projects to ensure we are using materials that reduce our CO2 emissions. The Council will focus just on Embodied Carbon, and will consider things like how best to incorporate embodied carbon standards into building codes.
This amendment is similar to a bill I filed and it is a major win for our climate. I was honored to partner with Majority Leader Cindy Creem and the state’s Climate Chief Melissa Hoffer on this win. It also wouldn’t have happened without razor sharp advocacy from the American Institute of Architects – Massachusetts chapter, and shoutout to Northampton constituent and AIA-MA Immediate Past President Dorrie Brooks for helping to show us all the way.
Incentivize solar canopies on built and disturbed land
We should be doing everything possible to install solar on the built or disturbed environment, especially before siting ground mounted solar. Solar canopies are a win-win, and we should incentivize solar canopies like Washington State or France which passed laws incentivizing solar over parking lots.
The Senate adopted an amendment I filed to require the Department of Energy Resources to convene a working group on solar canopies, which will make recommendations for how we can incentivize these canopies so that we see more of them being built all throughout the Commonwealth. This was based on a bill I filed at the beginning of this legislative session which was reported favorably by the Telecommunications Utilities and Energy Committee.
Consider Advanced Grid Technology
Technological advances allow advanced cables to carry up to twice as much electricity as current designs, at less cost (see this article for more). Upgrading cables can avoid the need for new transmission lines.
The Senate adopted an amendment I filed to require that any time utilities make improvements to grid infrastructure, they look at deploying these grid enhancing technologies. It also authorizes performance incentives for utilities to use grid enhancing technologies, and requires utilities to report on the progress made deploying this technology every five years.
Local Permitting Timeline Safety Valve
Last but certainly not least, as the sun was setting on Thursday, I was finishing negotiations on a final, successful, and critically important amendment. The base bill requires local governments to issue a final permit for proposals within 12 months of receiving a completed final application.
I felt strongly that 12 months, with no possibility of an extension, was too rigid of a timeline.
I worked directly with the Executive Office of Energy and Environmental Affairs, as well with The Nature Conservancy to ensure that municipalities will be able to receive extensions on this timeline, in cases where 12 months just isn’t enough time.
I only made one speech on the Senate floor during debate, to emphasize the importance of siting clean energy infrastructure in a way that protects natural and working lands, and to explain my first two amendments, both of which were adopted. Watch my speech here.
Below is a summary of the legislation that passed.
Read on.
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On June 25, the Massachusetts Senate passed comprehensive legislation to make systemic changes to the state’s clean energy infrastructure that will help the state achieve its net zero emissions by 2050 goals, expand electric vehicle (EV) use and infrastructure, and protect residents and ratepayers. The bill passed the upper chamber by a vote of 38-2.
The bill will allow Massachusetts to develop infrastructure essential for the fight against climate change, including new solar, wind, and storage facilities. It will also enhance the electric grid to support getting clean energy to residents efficiently and in the needed capacities to power homes, businesses, and vehicles.
Enhancements to the electric grid will be paired with measures to keep costs down for ratepayers across the state.
Protecting Ratepayers from High Costs
To save residents’ money and protect residents from unfair and deceptive practices, the bill would ban competitive energy suppliers from enrolling new individual residential customers. According to the Attorney General’s Office and the Department of Public Utilities (DPU), data analyses show that consumers lost more than $577 million to competitive electric suppliers between July 2015 and June 2023. The Senate previously adopted this policy in April.
Consumers will see relief in a number of other ways as well. The bill would lower utility rates for consumers with low- and middle-incomes by directing utility providers to offer lower rates to eligible consumers. Utility companies would also gain more flexibility to negotiate the lengths of basic service contracts with electricity providers. By negotiating longer-term contracts, residents are less likely to see cost spikes.
Partnering with Communities to Expedite Siting and Permitting
The siting and permitting provisions, modeled on the work of a commission of diverse stakeholders established by the Healey-Driscoll administration, will consolidate the review of clean energy siting and permitting and expedite the timeline of projects. Large projects that require state, regional, and local permits will be consolidated into a single permit that must be decided upon in 15 months. Small projects with multiple local permits will also be consolidated into a single permit and must be decided upon in one year, unless a timeline extension is granted, per an amendment filed by Senator Comerford.
Robust community review processes will be paired with new permitting. The legislation formally establishes the Office of Environmental Justice and Equity (EJE), the Office of Public Participation at the Energy Facilities Siting Board (EFSB), and the Division of Siting and Permitting at the Department of Energy Resources (DSPDER). Each office would be charged with engaging with communities and applicants in their respective areas to ensure a thorough and community-centered review.
To protect ratepayers from bearing the cost of new construction, the state will require the EFSB to first consider enhancing current technologies before looking to new construction. An online clean energy infrastructure dashboard would also be created to promote public accountability in real time.
Making EVs Accessible and Expanding Infrastructure
Gas-powered vehicles are one of the highest emitters of carbon, and incentivizing EV usage is critical to achieving net zero emissions by 2050.
The legislation would expand the state’s MOR-EV program through 2027, which gives residents $3,500-$6,000 for the purchase of new or used electric vehicles. It would allow residents who own parcels within condominiums, homeowner associations, and historic districts to install EV chargers, and authorize condo boards to install EV chargers on community parcels.
It will bring coordination to EV infrastructure expansion, by centralizing the deployment of resources with the Electric Vehicle Infrastructure Coordinating Council (EVICC), and directing DPU to make it easier to install pole-mounted chargers that often are used in parking spots and on streets.
The bill would also make it easier for cities and towns to procure electric school buses and EV charging equipment for their municipalities.
Decarbonizing Buildings
An Act Upgrading the Grid and Protecting Ratepayers makes it easier to decarbonize buildings across the state, a major source of greenhouse gas emissions. It would authorize condo association boards to install energy efficiency devices and EV chargers in common areas and make heat pumps more efficient by allowing installers to use the most up-to-date refrigerants.
Leading the Way on Clean Technology and Innovation
Already leaders in clean technology, the state’s innovators will receive even more support from this legislation to make sure that the next generation of technology is built in Massachusetts.
The legislation would boost the Massachusetts Clean Energy Center (MassCEC) by expanding their mission to include carbon removal and embodied carbon reduction. MassCEC would also be directed to promote carbon removal and embodied carbon activities, and study opportunities for future carbon removal.
Leading by Example
The Commonwealth will take an in-depth look at its own operational climate impact under this legislation.
It would revise Massport’s enabling statute to prioritize reductions in greenhouse gas emissions alongside the promotion of commerce and growth. It would direct the Division of Capital Asset Management and Maintenance (DCAMM) to evaluate the energy efficiency and greenhouse gas emissions of state buildings, as well as seek options for reducing future emissions. The mission of the Board of Building Regulations and Standards would also be expanded to include the pursuit of reductions in greenhouse gas emissions.
Curbing Over-reliance on Natural Gas
Ensuring the electrical grid is on an equal playing field as the natural gas system is crucial to reducing dependency on fossil fuels and reaching the state’s net zero carbon emissions goals.
The bill reins in a statutory provision that for decades has given gas companies a preferential ratemaking advantage over providers of other heating sources.
Under An Act Upgrading the Grid and Protecting Ratepayers, the DPU will be directed to consider greenhouse gas impacts when it weighs a petition by a gas company to expand its territory. Gas companies will be allowed to pursue geothermal projects and networked heat pump systems, new opportunities that are undergoing successful testing in communities in Framingham and Lowell.
As the gas system needs continued upgrades, the legislation will shift the system from automatically replacing leak-prone pipes, to instead considering more targeted repairs, or decommissioning the line altogether if a more climate friendly alternative exists. Payments for new gas lines are often financed over 30 years, beyond the 2050 goal of reducing fossil fuels. By repairing or decommissioning pipes instead of replacing them, costs shifted to ratepayers are reduced, and the clean energy transition is accelerated.
During debate, the Senate voted to adopt an amendment modernizing the ‘bottle bill’, adding noncarbonated beverages, wine, and spirits to the list of containers eligible for a bottle deposit, and increasing the deposit amount from 5 cents to 10 cents.
Having passed the Senate, the legislation now moves to the House of Representatives for consideration.
