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The MA Senate Released Its Energy Bill. What’s In It?

Yesterday, the MA Senate released its energy bill (S3143), to be voted on next Wednesday.

So what is good, what is bad, and what’s left out? The following is adapted from a Mass Power Forward action guide.

GOOD:

  • Preserves funding for Mass Save: This is in contrast to the House bill, which cut $1 billion from Mass Save. The Senate bill caps administrative costs at 5% and removes gas companies from administering the program. It also adjusts the scope of the program to include solar, battery storage, and other clean energy technologies that save customers money. 20% of Mass Save is designated for LMI programs, codifying in law a recent equity allocation win in the latest Mass Save 3 year plan.
  • Phases Out the Gas System Enhancement Program (GSEP): Instead, utilities would be required to do advanced leak repair where feasible, as opposed to costly and unnecessary full pipe replacements.
  • Increases Clean Energy Procurement: DOER (Department Of Energy Resources) is authorized to procure 20 GW (Gigawatts) of renewable energy, including 10 GW of solar and 10 GW of wind, by 2040. 
  • Regulates Predatory Third Party Suppliers: The bill enables municipalities to ban scammy third party electricity suppliers, who often rip off vulnerable communities with misleading offers. Third-party supply prices are capped for discount rate customers with bans on automatic renewals, cancellation fees, and variable rates.
  • Expands Geothermal: The bill authorizes gas companies to create thermal energy networks (networked geothermal) with worker protections. 
  • Reins in Utility Profiteering: The bill bars the use of ratepayer funds for promotional and political advertising; trade-association dues; charitable giving; lobbying; board/officer travel, lodging, entertainment, gifts, food/beverage, aircraft; tax penalties; non-regulated product marketing.
  • Bans Heat Wave Shut Offs: The bill bans electric shutoffs during heat waves, similar to the heating shutoff ban we have during cold weather. 
  • Promotes Gas Transition Planning: The bill requires DPU to conduct integrated energy planning to facilitate transition off gas and requires disclosure of how infrastructure investment decisions (e.g. substation constructions) are made and reduce them. 

BAD

  • Income Verification: Mass Save programs must verify household income for moderate-income rebates. This creates further bureaucratic hurdles for low and moderate-income customers, who can currently qualify for programs via self-attestation — which has been hugely successful. 
  • Mass Save Budget Caps: Mass Save budgets are capped for each 3 yr. Plan, preventing mid-budget increases. 
  • Corporate Representation in Mass Save Governance: The bill adds business representatives to the Mass Save Energy EfficiencyAdvisory Council) 
  • Weakened Renewable Portfolio Standard: The bill reduces the state’s annual RPS (Renewable Portfolio Standards), i.e., the requirement for utilities to build renewables, increase from 3% to 1%.
  • Counts Biomass as Renewable Energy: Woody biomass (trees, shrubs, etc), a highly polluting source of energy, are included as a clean energy source under the eligible Greenhouse Gas Emissions Standard for Municipal Lighting plants. 

MISSING:

  • Preventing Gas System Expansion: No ban on large gas pipeline expansions by gas companies.
  • Stopping Ratepayers from Paying for LEA (Line Extension Allowances):  No ban on ratepayers subsidizing line extensions for new construction/new customers.
  • Protections from Data Centers: No inclusion of protections from data center development (the House included modest protections around clean energy and increases in costs to ratepayers)

The Mass Power Forward Coalition is backing several amendments to strengthen the bill:

  • #1 (Comerford): Protect Constituents From Unreasonable Utility Profits, which studies studies the amount of profit utilities are being allowed to get from ratepayers
  • #25 (Gomez): Addressing Biomass, which removes highly-polluting woody biomass as an eligible fuel under the Greenhouse Gas Emissions Standard for Municipal Lighting plants
  • #26 (Gomez): Halting Gas Expansion, which prevents the expansion of gas infrastructure near EJ communities and plans for a just transition away from fossil fuels 
  • #37 (Creem): Prohibition on Charging Ratepayers for Goodwill or Institutional Advertising, which prevents utilities from charging their customers for institutional advertising, which is public relations aimed at enhancing the company’s image
  • #62 & #162 (Howard): Data Centers & Data Center Tax Credits, which establish safeguards around data center development for energy, water, health, and people’s bills
  • #77 (Eldridge): End Gas Line Extension Subsidies, which stops charging of all ratepayers for new gas line extension allowances
  • #78 (Edwards): Labor Peace for Thermal Energy Networks, which would require management to stay neutral in unionization efforts on publicly owned network geothermal projects
  • #82 (Rausch): DPU Clarification, which would remove section allowing “renewable natural gas blending” in the gas distribution system for commercial customers
  • #106 (Eldridge): Self-Attestation of Income, which keeps self-reporting for low and moderate-income households in Mass Save 

Mass Power Forward is also opposing two amendments:

  • #114 (Fernandes): Relative to energy rebate checks, which takes money from crucial programs low-income housing decarbonization and local clean energy
  • #139 (Brady): Preserving Gas System Enhancement Plan Statutory Authority, which removes critical reforms to the GSEP program

Write to your state senators here.

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