MMA asks Senators to support key municipal climate amendments and protect local authority

Dear Senator,

We are writing to express our deep appreciation for the many provisions included in the recent climate proposals from the Senate Ways & Means Committee addressing clean energy and the reduction of plastics. These bills reflect an incredible legislative effort to protect our environment and meet our climate goals and incorporate feedback from Massachusetts communities from the Berkshires to Cape Cod.

We are deeply grateful to Senate President Spilka, Chair Rodrigues, Chair Barrett, Chair Rausch, and so many others for their thoughtful work on these proposals, and for moving these important bills forward for debate this Thursday.

Clean Energy – S. 2829

Following last legislative session’s sweeping climate bill, we have continued to hear a resounding message from our local officials across the Commonwealth: cities and towns are eager to take climate action. Municipal governments stand to benefit significantly from addressing climate change through local actions that reflect their community values. Whether protecting wetlands and forested lands, expediting clean energy infrastructure (CEI) projects, or investing in electric vehicles and charging stations — cities and towns are vital partners in our clean energy future.

S. 2829 aims to ensure that the Commonwealth is on track to meet our clean energy and climate goals. We applaud you for the many provisions that are poised to make a significant positive impact in that effort:

• The establishment of a site suitability methodology to avoid, minimize, or mitigate social and environmental impacts of CEI siting.
• The establishment of a public participation office with supports for intervenors and community engagement.
• The appointment of municipal representation on the Energy Facilities Siting Board.
• Clarification and simplification of electric school bus and supply equipment procurement practices for municipalities.
• The provision of guidance on community benefit agreements to support municipalities with model language and practice as they consider permit application impacts, community needs, and navigate CBA processes.
• The creation and maintenance of a new clean energy infrastructure dashboard, which will provide necessary information for residents and local governments.

Building on these initiatives are several amendments that amplify our shared clean energy mission while protecting the important authority of local government as vital partners in this work. We strongly urge you to support and co-sponsor the following amendments to S. 2829 during your deliberations later this week:

Amendment #57 (Consolidated Local Permitting by Local Option)
Please support and co-sponsor this amendment filed by Sen. Mark providing an option for communities to adopt the local consolidated permitting process. This measure would provide for an on-ramp to consolidated local permitting for small clean energy infrastructure, rather than mandating each community utilize the proposed permitting process within a rigid time frame. As a local option, a consolidated permitting process takes shape with early adopters, followed by many other communities once local officials can get the necessary buy-in from residents with the proven benefits. This model has been extremely successful with Green Communities and many other programs.

Amendments #101 and #112 (Deadline Flexibility)
Please support and co-sponsor these two amendments filed by Sen. Comerford and Sen. Oliveira regarding deadline relief for municipal projects subject to constructive approvals. Under the proposed local consolidated permitting process, small clean energy infrastructure projects that are not approved or denied by a municipality within 12 months of submitting a complete application will be automatically approved. These amendments will provide important safeguards when extenuating circumstances prevent a local government from having the necessary information or time to make a decision on a small CEI permit application.

Amendment #40 (Local Government Definition)
Please support and co-sponsor this amendment filed by Sen. Oliveira regarding a technical fix to the definition of local government employed throughout this legislation. To ensure an adequate review and approval timeline, this flexibility will be essential to appropriately navigate and delegate permitting responsibilities.

Amendment #33 (Double Poles)
Please support and co-sponsor this amendment filed by Sen. Crighton regarding non-removal of double utility poles. This amendment allows municipalities to enforce the statutorily required 90 day deadline for removal of double poles by allowing for removal by the municipality and implementation of fees for non-removal. This proposal is a forward-looking provision that will address a longstanding, pervasive issue that is poised to exacerbate as the Commonwealth achieves its clean energy electrification goals.

Amendment #67 (Modernizing the Bottle Bill)
Please support and co-sponsor this amendment filed by Sen. Creem regarding the updating of the container deposit law. This amendment would raise the deposit to 10 cents to reinvigorate the deposit return system and expand the number of eligible materials.

Plastics Reduction – S. 2830

S. 2830 includes many mechanisms relating to plastics reduction that would benefit municipal governments across the Commonwealth, including:

• A state-wide plastic bag ban, designed to reduce plastic pollution by incentivizing retail customers to switch to recycled paper or reusable bags instead of single-use plastic bags by instituting at least a 10-cent fee per bag.
• The creation of a Plastics Environmental Protection Fund to support the development of educational materials and programming on recycling, environmental protection; ameliorate environmental conditions for low and moderate income communities; and further promote plastic pollution reduction.
• A new requirement for disposable wipes to be labeled as non-flushable, as well as a requirement for the MassDEP to provide for an outreach and education campaign to raise awareness of their incompatibility with municipal sewer and wastewater infrastructure and proper disposal methods.
• The establishment of a special legislative commission on extended producer responsibility (EPR), designed to recommend a state-wide plan for EPR for priority materials such as paint, mattresses, electronics, and packaging.

The MMA supports a statewide plastic bag ban, especially with the more than 150 cities and towns that already have local bylaws or ordinances intended to curb the use of plastic bags. Plastic bags often get caught in machinery at recycling processing facilities, leading to breakdowns, delays and increased costs that are passed along to municipalities.

We strongly urge you to support and co-sponsor the following amendments to S. 2830 during your deliberations later this week:

Amendments #18 and #26 (Paint Recycling)
Please support and co-sponsor these amendments filed by Sen. Moran and Sen. O’Connor which would provide for a state-wide recycling program for unused, unwanted paint, providing significant cost savings for municipalities. This measure has been supported by dozens of municipal resolutions this session alone.

We also urge your consideration of the many amendments related to updating the bottle bill and addressing hard-to-recycle materials such as miniature alcohol bottles. As you review this piece of legislation and the proposed amendments, alongside corresponding amendments to the clean energy legislation, the MMA looks forward to working with you to find a path forward to address these important priorities regarding municipal waste and recycling relief.

Summary
We applaud you for the impactful provisions above, and look forward to working with you on these important issues. The Massachusetts Municipal Association remains committed to help communities achieve local climate goals and we thank you for your strong partnership in enabling cities and towns to take the steps necessary for each individual community.

In sum — many thanks for your ongoing attention to the numerous policy details necessary to ensure our green future. And thank you for your ongoing support of cities and towns and care for the municipal implications of these issues. With your partnership, municipalities are eager to make progress towards our ambitious climate and clean energy goals in ways that compliment the mission of local governments: to serve and protect residents, and represent the interests of the public through good governance.

If you have any questions, please do not hesitate to have your office contact me, MMA Legislative Analyst Josie Ahlberg at jahlberg@mma.org, or Legislative Analyst Adrienne Núñez at anunez@mma.org at any time.

Sincerely,

Adam Chapdelaine
MMA Executive Director & CEO