S 2780

SENATE . . . . . . . . . . . . . . No. 2780
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
  SENATE, December 8, 2025.
  The committee on Telecommunications, Utilities and Energy to whom was referred the
petition (accompanied by bill, Senate, No. 2269) of James B. Eldridge, Jason M. Lewis and Sal
N. DiDomenico for legislation to implement the Smart Residential Solar Permitting Platform to
issue permits instantly and issue permit revisions instantly for residential solar photovoltaic
systems, report the accompanying bill (Senate, No. 2780).
  For the committee,
  Michael J. Barrett
  FILED ON: 11/25/2025
 SENATE . . . . . . . . . . . . . . No. 2780
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
     An Act facilitating distributed energy resources in the commonwealth.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
1SECTION 1. Chapter 25A of the General Laws is hereby amended by striking out
2 section 14 in its entirety and replacing it with the following section:-
3Section 14. (a) A state agency, building authority, local governmental body or the
4 judiciary may contract for energy conservation, building decarbonization and energy efficiency
5 projects that have a total project cost of $300,000 or less, directly and without further
6 solicitation, with electric and gas utilities, their subcontractors, contractors certified by the
7 division of capital asset management and maintenance, and other providers of energy
8 conservation, building decarbonization and energy efficiency services authorized under sections
9 19 and 21 of chapter 25 and section 11G. For the purposes of this section, "energy conservation,
10 building decarbonization and energy efficiency projects'' shall mean projects to promote energy
11 conservation, building decarbonization and energy efficiency, including, but not limited to: (i)
12 energy conserving modification to windows and doors; (ii) caulking and weatherstripping; (iii)
13 insulation; (iv) automatic energy control systems; (v) hot water systems; (vi) equipment required
14 to operate variable steam, hydraulic and ventilating systems; (vii) plant and distribution system
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15 modifications; (viii) devices for modifying fuel openings and thermal conduits; (ix) electrical or
16 mechanical motor or furnace ignition systems; (x) utility plant system conversions; (xi)
17 replacement or modification of lighting fixtures; (xii) energy recovery systems; (xiii) on-site
18 electrical generation equipment using new renewable energy generating sources as defined in
19 section 11F; (xiv) decarbonization activities; and (xv) cogeneration systems.
20(b) For purposes of this section, "total project cost'' shall mean all construction costs of an
21 energy conservation project applicable to a discrete building or property, whether borne by the
22 utility, agency, authority, body or the judiciary including, without limitation, the costs associated
23 with equipment purchase and installation of such equipment. Ancillary services provided at no
24 cost by utilities, such as auditing and design, shall not be considered part of project cost.
25(c) A state agency, building authority, local governmental body or the judiciary may pay
26 for such energy conservation, building decarbonization and energy efficiency projects through
27 additions to their monthly utility bills.
28(d) Sections 44A to 44M, inclusive, of chapter 149 and section 39M of chapter 30 shall
29 not apply to contracts entered into under this section.
30(e) Notwithstanding subsection (a), the division of capital asset management and
31 maintenance may contract for energy conservation, building decarbonization and energy
32 efficiency projects that have a total project cost of not more than $500,000, directly and without
33 further solicitation, with electric and gas utilities, their subcontractors, contractors certified by
34 said division, and other providers of such energy conservation, building decarbonization and
35 energy efficiency projects authorized under section 11G and sections 19 and 21 of chapter 25.
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36SECTION 2. Chapter 25A of the General Laws is hereby amended by inserting at the
37 end thereof the following new section:
38Section 25(a): As used in this section, the following words shall have the following
39 meanings unless the context clearly requires otherwise:
40“Commissioner”, the commissioner of the Department of Energy Resources.
41"Commonwealth smart solar permitting platform", software, or a combination of
42 software, that, at a minimum, and consistent with chapter 143 of the General Laws except as
43 otherwise provided in this section; chapter 40C of the General Laws, as amended by sections 38
44 and 39 of chapter 239 of the Acts of 2024; section 3 of chapter 470 of the Acts of 1973, as
45 amended by sections 92 and 93 of chapter 239 of the Acts of 2024, and the other laws of the
46 commonwealth, allows contractors and other qualified parties to submit, via electronic means
47 and without the need for follow-up manual review, applications to install or construct a
48 residential solar energy system; automatically performs robust code compliance checks and
49 reviews an application to install or construct such a system; generates an approval via electronic
50 means, without the need for follow-up manual review, to a code-compliant application and issues
51 a permit or permit revision; accepts online payments of fees or charges if fees or charges are
52 levied; and issues a permit or permit revision upon receipt of payment.
53"Department", the Department of Energy Resources.
54“Form and format”, the arrangement, organization, configuration, structure, or style of, or
55 methods of delivery of, required information or the substantive equivalent of required
56 information, except that “form and format” shall not mean the altering of the substance of
57 information or the addition or omission of information.
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58(b) The department shall procure, implement, administer and make available a
59 commonwealth smart solar permitting platform that, at a minimum:
60(i) publishes, on a publicly accessible internet website, all permitting documentation and
61 forms required to construct or install a residential solar energy system in the commonwealth;
62(ii) provides customer support and training to assist users to navigate the commonwealth
63 solar permitting platform;
64(iii) allows contractors and other qualified parties to submit, via electronic means 24
65 hours a day, seven days a week except when the permitting platform is down for an upgrade or
66 maintenance, applications to install or construct a residential solar energy system within the
67 commonwealth;
68(iv) automatically performs robust code compliance checks and reviews applications to
69 install or construct residential solar energy systems up to the maximum capacity allowed by a
70 200-amp main service disconnect providing power to a detached one- or two-family dwelling,
71 including but not limited to a determination of whether an application aligns with the
72 requirements of chapter 40C of the General Laws, as amended by sections 38 and 39 of chapter
73 239 of the Acts of 2024; section 3 of chapter 470 of the Acts of 1973, as amended by sections 92
74 and 93 of chapter 239 of the Acts of 2024; chapter 143 of the General Laws other than the
75 second paragraph of section 98 of chapter 143, which shall not apply to this section; and other
76 laws of the commonwealth;
77(v) generates an approval via electronic means, without the need for follow-up manual
78 review, to a code-compliant application and issues a permit or permit revision;
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79(vi) produces construction documents to be used in the inspection of the residential solar
80 energy system and for recordkeeping purposes;
81(vii) generates an inspection checklist to streamline, and improve the quality and
82 thoroughness of, the final inspection;
83(viii) is capable of processing permit applications for solar energy systems and associated
84 equipment including, but not necessarily limited to, photovoltaic panels, energy storage systems,
85 main electrical panel upgrades, and main breaker derates for detached one- and two-family
86 dwellings; and
87(ix) is capable of processing, at a minimum, a substantial majority of permit applications
88 for such systems in a substantial majority of jurisdictions in the commonwealth.
89(c) The department shall fully implement a commonwealth smart solar permitting
90 platform and make it available within 12 months of the effective date of this section.
91(d) The department shall provide access to, and facilitate use of, the commonwealth smart
92 solar permitting platform to municipalities at no charge. For use of the commonwealth platform,
93 the department may charge a reasonable fee or charge to contractors, providers of plan reviews
94 and inspection services, and other professionals engaged in the installation or construction of
95 residential solar energy systems.
96(e) Within 18 months of the effective date of this section, a municipality shall allow for
97 the submission of applications to construct a residential solar energy system either through the
98 commonwealth smart solar permitting platform or through an alternative automated solar
99 permitting platform that generates an approval via electronic means, without the need for follow-
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100 up manual review, to a code-compliant application, issues a permit or permit revision, and
101 otherwise satisfies the requirements set forth in paragraphs (b) and (d) of this section in a manner
102 substantially equivalent to, or better than, that of the commonwealth platform; provided, that
103 such an alternative platform shall not require a user to submit documentation other than what is
104 required by the commonwealth platform,
105(f) A municipality proposing less than full compliance with subsection (e) of this section
106 shall, within 18 months of the effective date of this section, provide the department a detailed
107 analysis demonstrating why adopting neither the commonwealth platform nor an alternative
108 platform is feasible given the conditions and timeline required in this section and shall propose a
109 secondary alternative method that, within 24 months of the effective date of this section, allows
110 contractors and other qualified parties to submit, via electronic means, applications to install or
111 construct a residential solar energy system; automatically performs robust code compliance
112 checks and reviews an application to install or construct such a system; generates an approval via
113 electronic means, without the need for follow-up manual review, to a code-compliant application
114 and issues a permit or permit revision; accepts online payments of fees or charges if fees or
115 charges are levied; and issues a permit or permit revision upon receipt of payment.
116(g) A municipality that allows for the submission of residential solar energy system
117 applications through the commonwealth smart solar permitting platform or through an alternative
118 or secondary alternative platform may charge a reasonable fee or charge to contractors, providers
119 of plan reviews and inspection services, and other professionals engaged in the installation or
120 construction of residential solar energy systems.
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121(h) A municipality that implements an alternative or secondary alternative automated
122 solar permitting platform shall submit a compliance report to the department within 60 days of
123 the municipality’s implementation of the alternative or secondary alternative platform. The
124 department shall establish guidelines for preparation and submission of the compliance report,
125 which report shall include, at a minimum, (i) the date the alternative or secondary alternative
126 system was made available to residential end users, to contractors engaged in the installation of
127 residential solar energy systems, and to providers of plan reviews and inspection services; (ii) the
128 software used by the alternative or secondary alternative system; (iii) clear and convincing
129 documentation that the alternative or secondary alternative performs the functions set forth in
130 subsections (b) and (d) of this section in a manner and on a schedule substantially equivalent to,
131 or better than, that of the commonwealth platform.
132(i) If the department determines that a compliance report submitted pursuant to paragraph
133 (h) of this section is insufficient to verify whether the platform satisfies the requirements set
134 forth in paragraphs (b) and (d) of this section in a manner substantially equivalent to, or better
135 than, that of the commonwealth platform, the municipality shall grant the department access to
136 the alternative or secondary alternative platform. The department may take further action to
137 determine whether the platform satisfies the requirements set forth in paragraphs (b) and (d) of
138 this section in a manner substantially equivalent to, or better than, that of the commonwealth
139 platform; may, consistent with state law, make its findings publicly available; and may, in the
140 event that it determines that the platform is not satisfactory, take action to encourage and secure
141 compliance with paragraphs (b), (d) and (h) of this section and authorize the appropriate parties
142 in the municipality’s jurisdiction to utilize the commonwealth smart solar permitting platform.
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143(j) A municipality that implements an alternative or secondary alternative automated
144 solar permitting platform pursuant to this section shall, commencing with April 1, 2028, submit
145 an annual report to the department. The department may establish guidelines for the annual
146 reports required under this paragraph, which report shall include, at a minimum: (i) the number
147 of permits approved by the municipality for residential solar energy systems through the
148 alternative or secondary alternative platform and the relevant characteristics of those systems; (ii)
149 the number of permits approved by the municipality for such systems through means other than
150 the alternative or secondary alternative platform and the relevant characteristics of those systems;
151 (iii) documentation demonstrating that the alternative or secondary alternative platform continues
152 to satisfy the requirements set forth in paragraphs (b), (c) and (d) of this section in a manner
153 substantially equivalent to, or better than, that of the commonwealth platform.
154(k) If the department determines that the annual report submitted pursuant to paragraph
155 (k) of this section is insufficient to verify that the alternative or secondary alternative automated
156 solar permitting platform meets the requirements set forth in paragraphs (b) and (d) of this
157 section in a manner substantially equivalent to, or better than, that of the commonwealth
158 platform, the municipality shall provide the department, at the department’s request, access to the
159 platform. The department may take further action to determine whether the platform satisfies the
160 requirements set forth in paragraphs (b) and (d) of this section in a manner substantially
161 equivalent to, or better than, that of the commonwealth platform; may, consistent with state law,
162 make its findings publicly available; and may, in the event that it determines that the platform is
163 not satisfactory, take action to encourage and secure compliance with paragraphs (b), (d) and (j)
164 of this section and authorize the appropriate parties in the municipality’s jurisdiction to utilize
165 the commonwealth smart solar permitting platform.
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166(l) The department and municipalities shall authorize electronic signatures, stamps, seals,
167 and other certifications and documents as appropriate in order to enable the commonwealth
168 smart solar permitting platform or an alternative or secondary alternative automated solar
169 permitting platform to accept the permit application and issue a permit.
170(m) To defray the cost of procuring, implementing, administering and making available
171 the commonwealth smart solar permitting platform, the department may adopt, amend, and
172 repeal rules and regulations providing for the charging of, and setting the amounts of, solar
173 permit fees to be collected by the Department, municipality, or third party.
174(n) To satisfy the requirements of this section, the department may, at its discretion,
175 procure goods and services by means of an advertised competitive bidding process that utilizes a
176 request for proposals or request for qualifications.
177(o) The commissioner shall provide training opportunities at no charge on the use of the
178 commonwealth smart solar permitting platform to contractors, providers of plan reviews and
179 inspection services, and other professionals engaged in the installation or construction of
180 residential solar energy systems.
181(p) The commissioner may, in accordance with chapter 30A of the General Laws, the
182 State Administrative Procedure Act, adopt rules and regulations governing the form and format
183 of applications for permits, approval documents, specifications and other information exchanged
184 through the commonwealth smart solar permitting platform or any alternative or secondary
185 alternative platform.
186(q) Notwithstanding any law, rule or regulation to the contrary, the commissioner shall
187 have the authority to waive requirements related to signatures, stamps, seals, certifications, or
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188 notarizations, whether imposed by statute or by state or local regulation and whether imposed by
189 the department or another department or agency, in order to enable the commonwealth smart
190 solar permitting platform or any alternative or secondary alternative platform to accept permit
191 applications and issue permits.
192(r) A person exchanging information through either the commonwealth smart solar
193 permitting platform or an alternative or secondary alternative automated solar permitting
194 platform in a form and format acceptable to the department shall not be subject to a licensing
195 sanction, civil penalty, fine, permit disapproval, revocation, or other sanction for failure to
196 comply with a form or format requirement imposed otherwise by statute, ordinance, or rule that
197 requires submission of the information in physical form, including but not limited to any
198 requirement that the information be in a particular form or of a particular size, be submitted with
199 multiple copies, be physically attached to another document, be an original document, or be
200 signed, stamped, sealed, certified, or notarized.
201(s) Neither a public entity nor a public employee shall be held liable under for injury
202 caused by release of a permit through the commonwealth smart solar permitting platform or any
203 alternative or secondary alternative platform.
204SECTION 3. Section 6 of chapter 62 of the General Laws, as appearing in the 2022
205 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof
206 the following subsection:-
207(d) any owner or tenant of residential property located in the commonwealth who is not a
208 dependent of another taxpayer and who occupies said property as his principal residence, shall be
209 allowed a credit equal to 15 per cent of the net expenditure for a renewable energy source
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210 property or $2,500, whichever is lesser; provided, however, that in the case of a newly
211 constructed residence the credit shall be available to the original owner/occupant. Any taxpayer
212 entitled to this credit for any taxable year, the amount of which exceeds his total tax due for the
213 then current taxable year, may carry over the excess amount, as reduced from year to year, and
214 apply it to his tax liability for any one or more of the next succeeding three taxable years;
215 provided, however, that in no taxable year may the amount of the credit allowed exceed the total
216 tax due of the taxpayer for the relevant taxable year. For taxable years beginning on or after
217 January first, two thousand twenty-seven, if the amount of the credit allowable under this
218 subsection shall exceed the taxpayer's tax liability for such year, and the taxpayer meets the
219 definition of low to moderate income, as defined in section 38d of chapter 121b in the general
220 laws, or resides in an environmental justice population, as defined in section 62 of chapter 30 of
221 the general laws, the excess shall be treated as an overpayment of tax to be credited or refunded,
222 provided, however, that no interest shall be paid thereon. Joint owners of a residential property
223 shall share any credit available to the property under this subsection in the same proportion as
224 their ownership interest.
225As used in this section, the following words shall have the following meanings:
226"Renewable energy source property'', property, including materials and component parts
227 thereof, separately purchased and assembled by such residential property owner;
228(A) which, when installed in connection with a dwelling, transmits or uses: (1) solar
229 energy or any other form of renewable energy which the commissioner may specify by
230 regulation, for the purpose of heating or cooling such dwelling or providing hot water for use
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231 within such dwelling, or which produces electricity for such purposes, or (2) wind energy for
232 nonbusiness residential purposes;
233(B) the original use of which begins with the taxpayer;
234(C) which can reasonably be expected to remain in operation for at least five years; and
235(D) which meets performance and quality standards, if any, that have been prescribed by
236 the commissioner by regulation; and are in effect at the time of the acquisition of the property.
237"Net expenditure'', the total of the purchase price for any renewable energy source
238 property, plus installation cost, less any credits received pursuant to the Internal Revenue Code
239 and less grants or rebates received from the United States Department of Housing and Urban
240 Development.
241SECTION 4. Subsection (f) of section 139 of chapter 164 of the General Laws, as
242 appearing in the 2022 Official Edition, is hereby amended by striking out the words “The
243 maximum amount of generating capacity eligible for net metering by a municipality or other
244 governmental entity shall be 10 megawatts.”
245SECTION 5. Subsection (i) of section 139 of chapter 164 of the General Laws, as
246 appearing in the 2022 Official Edition, is hereby amended by striking out the words “that are not
247 net metering facilities of a municipality or other governmental entity under subsection (f)” both
248 times they appear.
249SECTION 6. Subsection (l) of section 139 of chapter 164 of the General Laws, as
250 appearing in the 2022 Official Edition, is hereby amended by inserting, in numbered item (ii),
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251 after the words “chapter 40B,” the following words:- “or where the single parcel contains multi-
252 family housing in a zoning district that is compliant with section 3A of Chapter 40A”.
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