Sen. DiDomenico helps secure key priorities in sweeping climate law

Bill eases clean energy infrastructure permitting, mobilizes innovative technologies, expands EV network and keeps costs down

Special to The Advocate

Senator Sal DiDomenico and his colleagues in the Legislature sent sweeping climate legislation to the Governor’s desk that will empower the Commonwealth’s fight against climate change and accelerate progress towards the Commonwealth’s goal of net zero greenhouse gas emissions by 2050. On November 20, 2024, Governor Maura Healey signed S.2967, An Act promoting a clean energy grid, advancing equity and protecting ratepayers, into law as Chapter 239 of the Acts of 2024. Chapter 239 reforms the siting and permitting of clean energy facilities while responsibly reforming the gas distribution system. It vastly expands the electric vehicle (EV) charging network, incentivizes innovative technologies – such as battery storage, fusion energy, advanced metering and meter socket adapters – includes measures to protect residents from high energy costs and equips state agencies with the mandate to fight climate change.

“I am proud that I secured language in the bill to reform our state’s energy siting and permitting procedures which will help provide communities in my district with more of a voice when energy projects are being sited in their neighborhoods while also accelerating the deployment of clean energy across our state,” said Senator DiDomenico. “There is no doubt we are in a climate crisis, and I am proud we have passed this bill which will keep Massachusetts as a leader in the fight against climate change. I want to thank Senate President Spilka, Senator Barrett, and all of my colleagues for working tirelessly to pass this transformational legislation.”

Together, the policies transform the future of energy generation, distribution and consumption in Massachusetts. Some major components of the legislation:

Expediting siting and permitting. The bill consolidates reviews of clean energy siting and permitting, which will speed the pace of planning, constructing and bringing clean energy infrastructure online to support clean energy technologies, such as solar, wind and storage to create an electrified future and reduce emissions.

Large projects that require state, regional and local permits will be consolidated into a single permit that requires action within 15 months. Small projects with multiple local permits will also be consolidated into a single permit and require action within 12 months. Expedited permitting is paired with enhanced community review via new offices created by the bill, including the Office of Environmental Justice and Equity, the Office of Public Participation at the Energy Facilities Siting Board, and the Division of Siting and Permitting at the Department of Energy Resources. Each office will be charged with engaging with and providing resources to communities and applicants to ensure a thorough, equitable and community-centered review.

To help protect residents from bearing the cost of building new infrastructure, when possible, the state will require the Energy Facilities Siting Board to first consider maximizing the efficiency of current infrastructure through the use of innovative technologies before approving new construction. An online clean energy infrastructure dashboard will be created to promote transparency and public accountability in real time.

Protecting residents from high costs. By pairing lower rates for low- and middle-income consumers with cost-saving infrastructure changes, the legislation protects residents from paying more for electricity. The bill incentivizes gas companies to pursue the expansion of climate- and cost-friendly, networked heat pump systems and geothermal heating. It does this by directing the Department of Public Utilities (DPU) to consider greenhouse gas impacts when it weighs a petition by a gas company to expand its territory. Chapter 239 also saves residents money by considering climate-friendly alternatives to leak-prone pipes instead of automatically replacing them with new natural gas pipes.

To ensure gas workers are protected as reforms to gas distribution system are undertaken, the bill establishes a special legislative commission to study the impacts of the energy transition and decarbonization on the current fossil fuel workforce. The bill further directs utility providers to offer lower rates to eligible low-income and moderate-income utility consumers.

Building out EV infrastructure. Expanding EV use and making it easier to charge a vehicle is crucial to reducing emissions, so Chapter 239 expands the availability of charging stations. Along with making pole-mounted charger installation easier on streets and in parking lots, the bill centralizes statewide coordination of charger installation via the Electric Vehicle Infrastructure Coordinating Council (EVICC). EVICC will also be responsible for identifying sites for a statewide network of fast charging hubs along highways and major roadways, as well as forecasting EV charging demand and determining its impact on the electric distribution grid over the next 10 years. It further removes EV charger installation restrictions for residents who own parcels within condominiums, homeowner associations and historic districts, and it authorizes condo boards to install EV chargers on community parcels.

Chapter 239 extends the Massachusetts Offers Rebates for Electric Vehicles (MOR-EV) program through 2027, giving residents more opportunities to qualify for a $3,500 to $6,000 rebate for the purchase of qualifying new or used electric vehicles. It also makes it easier for cities and towns to procure electric school vehicles and EV charging equipment for municipalities. Chapter 239 also seeks to dispel misinformation about EV and electric battery storage safety risks by requiring state guidance on the public health, safety and environmental impacts of these technologies.

Fusion energy and battery storage. Chapter 239 makes Massachusetts the first state in the nation to add fusion energy to the list of Renewable Energy Portfolio Standard (RPS) Class I renewable energy generating sources, positioning the Commonwealth to be in a strategically beneficial position as fusion energy becomes commercially viable. Additionally, it sets a 5,000 megawatts energy storage procurement to back up intermittent clean energy resources, such as solar and wind. It also authorizes the Massachusetts Department of Energy Resources (DOER) to coordinate with other New England states to consider competitive solicitations for long-term clean energy generation, including existing nuclear generation, for the benefit of the Commonwealth and the region.

Offshore wind. To support the growing offshore wind industry that will provide clean power and new jobs, Chapter 239 allows future offshore wind contracts to be set for terms of 15 to 30 years instead of the previous 20 year maximum. Chapter 239 also directs DOER to review the effectiveness of existing solicitations in contributing to state emissions requirements and to ensuring high labor standards in clean energy, including offshore wind, clean energy generation, and storage procurements.

It further requires DOER, in consultation with DPU and the Massachusetts Clean Energy Center (MassCEC), to issue guidance on long-term power purchase agreements between offshore wind developers and municipalities, including approved aggregation plans. The bill also expands existing tax credits for offshore wind facility employers, who now only need 50 full-time employees to be eligible for tax credits and refundable credits for capital investment.

Advanced metering infrastructure. As demand on the electrical grid increases with the adoption of EVs and heat pumps, advanced metering infrastructure (AMI) – including smart meters, communications networks and data management systems – will enable efficient grid management and improved resiliency. Chapter 239 supports the rollout of these crucial technologies by requiring the utilities deploying them to create a centralized data repository to provide access to detailed AMI customer data, subject to customer approval. It also authorizes DPU to provide cost recovery for necessary expenses incurred by utilities in AMI implementation. It further maintains consumer protections by establishing an opt-out option for electric customers.

These changes will help companies and individuals use their devices more efficiently and provide real-time data to the grid, allowing for greater flexibility. Chapter 239 also allows customers to install EV chargers or heat pumps without triggering the need for expensive electrical upgrades by authorizing the installation of meter socket adapters to effectively manage increased load.

Solar energy. Chapter 239 establishes new policies to facilitate the deployment of solar energy through updates to old district laws, providing policy recommendations through a solar canopy working group, and requiring DPU to explore expanding access to net crediting. It also expands affordability and access for low-income customers in the Solar Massachusetts Renewable Target (SMART) program and authorizes the transfer of SMART solar credits to customers in any electric utility territory.

Decarbonizing buildings. Because buildings across the Commonwealth continue to be a major source of greenhouse gas emissions, this legislation advances efforts to decarbonize them. It authorizes condo association boards to install energy efficiency devices and EV chargers in common areas and increases the efficiency of heat pumps by allowing installers to use the most up-to-date refrigerants.

Supporting lean technology and innovation. To ensure that the next generation of technology is built in Massachusetts, Chapter 239 will expand support to the Commonwealth’s innovators. Chapter 239 does this by expanding the purview of MassCEC to include carbon removal, embodied carbon reduction and nuclear power. MassCEC is also directed to promote carbon removal and embodied carbon activities and to study opportunities for future carbon removal.

Leading by example. Chapter 239 directs the Commonwealth to analyze its own climate impacts and how its infrastructure can be more climate friendly. It directs the Division of Capital Asset Management and Maintenance to evaluate the climate impacts of state buildings and seek options for emissions reductions, and directs Massport to prioritize reducing emissions while pursuing commerce and growth. It also expands the mission of the Board of Building Regulations and Standards to include reducing emissions and embodied carbon.