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HomeMy WebLinkAbout2021-01-19 Select Board Packet Command Meeting Notes Dec 28, 2020 Goal 1: A. Discuss Testing in Schools. a. Lexington will begin pool testing next week . Funding in a variety of ways, care Act, Education Foundation, some donations. Saliva testing – starting with staff and expanding to students. This is a way of bridging the gap between now and the vaccine – not available to students under 18 until the Fall. Will get volunteers to put testing kids together. Cost is a factor. Procedure is testing a pool, if negative, move to the next pool. Testing folks combines the samples, if there is a positive result, then they drill down to individuals within the pool. Need to more investigation on what other school districts are doing. Lexington is using a third- party company. Tufts doing pool testing as well – this is not a novel approach. Cheaper option than individual testing with significant cost savings, effective at assessment and containment. Lexington will do it on Mondays, assumes quick turnaround. They are on a week on/week off schedule. 24 hour turn around. Phase 1 - $100K for the first 4-week program, $109,000 for 2nd 4 weeks. Wellesley is also doing pool testing. If it is optional then there are less HR/legal hurdles. As cases are going up it seems like a good bridge to the vaccine. Tuition paying students can be denied services. Public school students cannot. There is a statistical validity , money won’t be a big issue once Cares Act funds renewed. Testing is a precursor – what is difficult is the contact tracing. It’s become more complicated. From contact tracing standpoint, this will help us. Sign in sheets fo r every adult in classrooms, in case we have students and staff in rooms. Testing – can it reduce some of the workload? Nurses are not yet overwhelmed; the alternatives are not better. Nurses are doing an amazing job. The behavior of public, and the season doesn’t’ help everyone is inside. People’s behavior is a problem. Would the testing help keep kids in hybrid? JD was getting really concerned last week and shut down 3 days before Xmas, contact tracing at the high school because of class changes. Testing – its one piece along with distancing, masks, contacts and useful For asymptomatic cases quarantine time can be reduced from 14 days to 10. JD – Two in school transmission cases. They weren’t wearing masks and weren’t 6 feet apart. KD – people get comfortable in behaviors, I see this person everyday and its fine. I feel Safe. Its tiring to think restrictively every day. Increased household spread – its exponential spread – not 1:1, more like 1:2, or 1:3. Helpful – what info is in MAVEN – understanding these webs and looking strategically at populations. Pre-K, push out into concentric circles of transmission and can make some decisions about costs and effectiveness. Paul Jackson – Pool testing better for schools. We are seeing it is a whole family, and sports are spreading it. Schools can mandate that sports are tested. If we can’t change the behavior we have to figure out how to protect people from others or from themselves. Does it make sense to go regionally? Wellesley is regional. We could plan, see if any economies of scale if we bring in another community. Procurement requirement – testing thinking to May, about 4-5 months. Discussion of regionalization for vaccine distribution, regions 3A, B, C. These regions aren’t for testing, just vaccines. Discussion about how to get out to our Public Safety personnel. 1B: After Winter Break: Plan is to reopen in the typical hybrid model. Meeting w/Mary again on Wednesday. Preschool was hit hard over the last few days. Preschool is in three locations, some staff and some students. Two classes decided to have recess together which contributed to this spread. Schools are looking at the town and the school numbers. Kristine and Mary work closely together and are trying to capture the full picture. IC: Winter Sports Cases Gymnastics – 6 positive cases. Hockey shut down twice. Basketball had to be shut down until today for boys. No cases in girls bball. Spectators are an issue. Some public discussion about spectators. Not comfortable with spectators. Tom Zaya working with Luke at RCTV to air the games, but there is an apparent RCTV fiber link issue at Burbank. No access to gymnastics studio but can help with bball and hockey. Changes have impacted a lot of students, particularly 6 high school students ill and others that had to be quarantined because they do gymnastics at the same gym. Discussion about data sharing across communities and with the public to help illustrate the extent of the spread. Communication is a challenge in terms of reported, trending. More info is better. Getting to close to 5% of the community infected and then 5% of those diagnosed are dying. Start work on charts and graphs, bullet points to help convey info. Does MAVEN show neighborhoods that are hotspots? Social gatherings are driving infections. Kids are getting it from adults. Jan 5th SB meeting with BOH Chair. Peter and Kerry will look closer at improving information. BL asked John now that the holidays are over and college kids are home, could we start to see clusters go down? Comments about college kids could be home until Feb 5, other than sports, all the other classes are remote. Chorus can only meet outside, Band can play inside with special masks, Drama is remote. ID – impact of clusters on family gatherings. Looking for more information on this to convey to website via Jayne. However, there is a bit of a shift to the current issue, which is vaccines. IE- Communication plan for new Governor’s orders: • Are restaurants complying? • Peter – we can do more, send out a mass communique. • Town received one complaint about one new housing development not being safe enough. • Box Stores? Staff now working beyond regional managers with Home Depot to stop seeing repeated violations. • Aim to target restaurants for outreach • 25% of occupancy – restaurants have not been subject to the 25%, they are hurting quite badly and no one wants to see that continue. The 25% does not include staff. • New Years gatherings at restaurants – take out is the big trend. Some restaurants may close for the winter and revisit in the spring. A small capacity restaurant with a 25% limit cannot meet overhead. • May want to see what comes out of the federal government with unemployment insurance, etc. Many are considering closing. Bertucci’s is selling virtual food. 2A: Protect the Health of Employees: A. Discuss Andover’s plan – application to be a host community went in on the 23rd. Andover will truck it, bill it for us, bring it to Reading, and run it as a free clinic. Inviting Lynnfield as well. B. This is the DEPOT MODEL – Andover houses it, tracks it, but haven’t heard yet if it’s arrived in Andover. C. Likely it’s the Moderna vaccine. Better for the public because it is easier to distribute. CVS and Walgreens planning to do Pfizer for senior citizens. D. Public Safety – Police, Fire, Dispatchers, be best to give to staff going on their days off to allow for recovery time. E. Discussion of logistics around vaccine distribution. If frozen, shelf life about six months. 30-day window for Moderna when thawed. F. Once we have it, how do we want to vaccinate and what would a schedule be for fire, police, etc. G. PJ: I think we have the capability to vaccinate, if we can pull it off. Lynnfield would be great to work with. Wilmington good to work with. 194 staff to vaccinate in a day, have to figure out the throughput, where is the observation area, who will do the observation. H. Peter M. Anything that comes down – that will be communicated to first responders whenever it happens. Peter will communication that. Paul has a preliminary plan for how to start the vaccines for first responders. He will send it out. There is a small window for the second dose medically, only a couple of days. Couple of scenarios: • Just Reading First Responders • Regional – Reading/Lynnfield • Wakefield coalition they have 3 days and set up another three days. • Have to make sure it works with other communities • Have to ensure works for the venue • Peter says have to take care of ourselves first • No commitments to other communities 3 Assistance to residents A. Review Rental and Mortgage assistance Program: as of last week, it was about $50K. Deadline was last Monday. Did gather info for a lot of people who didn’t meet the criteria. It went well. People were appreciative. And it came off really fast – great work with Reading Coop. B. Food/Pantry - historically January is the toughest month for the pantry. Over 300 people last week for the school distribution, had several new families. Continued through June unless the money runs out. Gail needs volunteers for the food distribution, most volunteers are CORI’d. Good to get folks CORI’d ahead of time. C. CARES FUNDS – Not heard much yet. Likely or possible that part of the omnibus bill, which has lots attached to it, but not clear if the CARES ACT funding is extended. We are in a period that is closing out, should roll over as in ex tra years. Schools COVID funding was attached to federal but that funding has run out. Some new schools funding is geared toward HVAC. D. Parent inquired into having BONFIRE for the senior class. 350 kids, s’mores, music… This would require approval from the Select Board and a permit from the Fire Department. It will go to Command. The BOH wants to review all public gathering permits and social gatherings as well and this request ought to go before that board. The group was not aware of what they were going to burn or how they would do it. Another group expressed interest in doing a car parade again. Staff want to ask parents to pull together a full list of requests that can be reviewed as a comprehensive plan rather than piecemeal. Reading COVID- 19 Command Meeting Agenda January 4, 2021 Attendance: Mark Dockser – Selectboard Chair Kerry Dunnell – BOH Bob LeLacheur – Town Manager John Doherty – Superintendent of Schools Jean Delios – Assistant Superintendent of Schools Greg Burns – Fire Chief David Clark – Police Chief Peter Mirandi – Interim Fire Chief Paul Jackson – Deputy Fire Chief Gail Dowd – Chief Financial Officer for School Department Jayne Wellman – Business Administrator, PIO Goal: 1 Protect the Health of Residents Implications of Reading being a red community for 3 weeks. Kerry Dunnell – because the town has been more than 3 weeks in the red the intention of the law is to pause and look at the status and consider dropping back to Phase 2. It would primarily impact athletics and gyms – no games, drop back to skills and drills. It is a community-based decision. It wouldn’t necessarily impact restaurants as there was indoor dining allowed. GB – what would be the benefit to Reading? There are clusters along sports teams, not sure where the exposure is. It seems the denser communities are the ones that moved backward a step in the phases. JD – discussions with Mary over the last week, the primary transmission is through families. There is a social piece of gatherings with kids, and one cluster at the gymnastics academy that impacted a lot of kids. Over the last month the positivity rate has doubled… is 6.13% positivity rate, and on Nov. 30 about 3.1%. Contrast – the state is over 8 right now. Peter Mirandi – Christine is getting a report ready for the BOH and the SB. There is some preliminary discussion in prep for the board meeting on Thursday. It will come up with some recommendations from Peter. BL shared a chart on the phases, which doesn’t show much of an impact in Reading aside from gyms and fitness centers. What does the data tell us? Does anything point to increased transmission to the athletics and gyms. It sounds like there is connection, but not necessarily the source of transmission. Event on the common yesterday, said about 100 people, not really political, and in violation of any rule in place for outdoor gatherings. KD – not hearing any conclusive data that would drive this decision to move to Phase 2 at this time. Would need to see more informatio n along these lines. Christine is working on some info for meetings this week. BL – Making decisions without data can create an issue. Getting out ahead of the issue is important, but may encourage the behavior we don’t want to see, such as gathering publicly. MD – what about reinforcing what the current rules are – cannot have large gatherings, should not take place. PM – the gathering on the town square, they didn’t have a permit, wouldn’t want to respond to that protest specifically. KD – There is a right to assemble – they are protesting the decision of a government organization. I wouldn’t want to pick that fight. It is political and therefore protected. Noted that the School Committee may have attended the Square. May be judicious to have a join BOH and SC meeting. KD – there is a struggle with how to manage the mental health aspect – fear that people have regarding the wellbeing of their children. Trying to understand how to balance that is difficult for many folks. MD – still feels like two pieces, playing and watching. The article in the Globe this morning focuses on playing, and then it quickly goes to spectating. There is an opportunity to broadcast if there is an opportunity for a compromise. JD – we are working on that with RCTV – esp with the link to Burbank but that work is ongoing. KD is open to a joint SC and BOH meeting, and there is some merit to that. Goal – we want to keep people safe. Data – we need to have the data to support decision making. SC and BOH Workshop? Chairs and Vice and staff members to open dialogue for SC and BOH and try to understand the thinking of the SC. Discussion about mental health concerns parents are having. The biggest reason JD didn’t have sports was because they are in remote learning and if you cannot have school, then cannot have athletics. JD had already seen the spikes happening and some in-school transmissions just before school vacation, three they knew of, and in preschool, and that was part of the decision making. Numbers in quarantine were going up significantly. Consensus from Command that JD is being consistent and handling this well. What are the clusters for Reading, two more cases connected to a - bulk are households as far as we know. Looking like the weekly report that the state puts out. We do not publish the quarantine data in the town. PM is preparing some quarantine data. Christine will have some hot spot data. How many are household cases. MAVEN isn’t so helpful with identifying how the clusters work. BL – Call with the LT GOV this afternoon- JW question for that call – what are the key factors for suburban communities to drive moving back to Phase 2. MD – need for coordinated action and the state is the best position to do that. Transmission is going up, suggests new variant may be here. Its about the students and the staff being able to keep all these pieces operating. Jayne to work on data and develop the graph TODAY. This doesn’t capture the info about staff that are testing positive and impacting the ability to deliver educational services. Discuss COVID-19 testing in the schools. John presented a spreadsheet on the testing cohort management. Estimating 5 testing dates each. Multiple companies that are offering testing. It can be done, but how to do it? Testing in pools, can isolate if a positive result, then use PCR to narrow down to an individual. Its doable, but what is the best way to do it. Wellesley is doing it – how is it working? It may help get the high school students more in perso n – they are now at 2 days per week. Do we have enough staff capacity for contact tracing? Is there anything that we can tell staff and students to help keep track of their movements. Feb 1 is the estimated first date of the next semester and may be a good time to start. Grocery stores are counting customers again. Update on School return plans So JD’s biggest concern is the highest need students who cannot access remote learning. Met this morning to see if we can bring them back – about 25 students at Wood End, Birch Meadow, and RISE, and perhaps Coolidge, because they cannot access remote learning. They will look at the numbers on WED to see what the indicators are. The aim is to create a 14-day transition. Does New Year’s Eve create another issue for another 14 days. PD had to go to Oye’s to tell people to separate. Update on School athletics When we have a positive case on a team, and they come to a practice without knowing they are positive, they have to shut down the whole team for being close contacts. They have had to shut down boys and girls hockey already. If we start re- opening school then certainly he would allow athletics again. Goal 2 Protect the Health of Employees. Update on vaccination distribution for first responders. We have a medical director and now we can start signing orders and getting enrolled, and that will allow us to accept the vaccine, and otherwise it stays under the control of Andover. Timeline is still the same. Peter is going to a prep-mod meeting today, it helps track the vaccine. Can we handle the billing – Andover is set up to do the billing for us and they are willing to do it. So things are falling into place, and it is still hurry up and wait. They are looking at next week– Police, Fire, Dispatchers, and people who are going face to face. CVS and Walgreens has been doing assisted living and long term nursing facilities. Vaccines would come out not before Jan 11 so it should be out next week. The state is indicating that they DO have the vaccines. What about the billing – what is being billed? If insurance will cover the cost of the vaccine? Vaccines are coming free of charge, and coming from the federal government free of charge, and perhaps to the general public. Who is keeping track of who is receiving the vaccination? If first responders go into an assisted living facility, will they know that those folks have received a vaccine. There is required training for those who will administer the vaccine. The training is paid by the state. We have 10-12 that could give the vaccine, but they need to take the training online. Class is about an hour. Charge the overtime covid number needed. GB plan is to train all paramedics so that they are capable. PM will send links to the training to GB. We were looking at a model where we could give the vaccine ourselves so that we could coincide with the staffing. Offline discussion regarding scheduling. If there are 200 or more they could do it themselves, join with other communities, and they can do it themselves, those options were on the table. This seems like something Andover is putting on top of it. Reading Public Health can take custody and put it in the fridge in the Police Station where we store vaccines. Just got a medical director this morning. The fridge at the police station is secured. Need to discuss the first vaccine clinic offline. If tested positive, cannot take the vaccine for three mo nths? What is the specific time frame? Prescreening out those who are not eligible is key. PIO – getting calls through the senior center about pulling a list together, we need one single message. The message should be coming from command through Jayne. We need to lay out the groundwork that things are in flux. We will be wearing masks and maintaining distance even after vaccinations are administered. Other items: FROM JAYNE: Can we get folks to take photos of staff in masks that we can use in campaigns? Phase 2 and Phase 3 – we need to be ready and planned out – Planning Division is going to coordinate with Health Staff Offline to be prepped. Town of Reading Resolution Condemning Violence at the U.S. Capital Building 1/19/21 The Town of Reading Select Board vehemently condemns the assault and violent takeover of the U.S. Capitol on January 6, 2021. We join people around the Commonwealth and the country in calling for an end to the hateful, divisive, and false rhetoric that led to domestic terrorism. This is not what we want America to represent. We repudiate the wholly false narrative that led to this assault and any effort to perpetuate it. This Select Board strongly encourages ALL of our town leaders within our municipal government, local boards, our first responders, and the Reading Schools to join us in speaking out to reject falsehoods, conspiracy theories, and incitement of violence. We stand united in unshakable support of the processes laid out in our Constitution for the peaceful and orderly transfer of power. We express our gratitude to all law enforcement officials who put their lives on the line defending our Nation. We send grat itude and heartfelt condolences to the family of Capitol Police Officers Brian Sicknick and Howard Liebengood, who died as a result of their service to protect the Capitol from domestic terrorists. The Reading Select Board stands resolute in continuing o ur work for the greater good of residents, our town and our nation. I have been working with our Town Counsel, consultants, public safety, planning, and CPDC on this project trying to make our bid deadline. I expect a timeline schedule from W&S soon outlining our path. There were a few things that we needed to iron out for the timeline. The following is a list of things that we have done since the last update: • Worked with Town Counsel to provide a letter to the SB on the options for the cell carrier equipment. • Worked with Town Counsel on drafting a license agreement fo r T-Mobile. Discussed planning and outcome strategies with Counsel on how to proceed with the carriers based on the directive from the SB. • Public Safety and Engineering have been reaching out to various vendors on options for relocating the Town’s Public Safety and Facilities equipment o Numerous options were discussed and ultimately based on layout constraints the option before us now is a self-supporting monopole that sits in a 25’x25’ ballast, which sits on a level ground surface. The trick here is going to be the placement of this temp structure. o It is unlikely that the carriers will be able to place any temp equipment onsite, such that the COWs take up too much room. I am trying to limit the cutting of trees as much as possible. • Met with Julie Mercier and the chair of the CPDC to discuss the project and what would be needed for the site plan review and permitting process. o The Town is currently scheduled for the Feb 22, 2021 CPDC agenda. • Met with one of the Water Tank manufactures onsite with W&S (who drove out from Syracuse, NY) to discuss construction logistics and planning for construction. o Primarily the laydown area requirements and the area needed for the crane. The site is very limited and the laydown area alone needs to be roughly 75’ in diameter. o The need to take down trees along Auburn Street and on site was discussed. We will be proposing replanting where possible. • Met with the Water division to discuss site preparation including the leveling of the old tank foundation to make room for the laydown area. This would help facilitate the construction (I sent you an email request on this earlier). • Met with the Town’s tower consultant, Bergman Assoc. • I have been in constant communication with W&S and they will be providing us with a schedule very soon. Some actions of importance are: o Bid date May o CPDC meeting 2/22/21 o Information for CPDC the week of Feb 8. o DEP application review will be sent mid-March o Bid documents and specs will be drafted as we go so we will be ready when all comments and permits have been obtained so they can be attached in the bid package. Ryan Percival Town Engineer From: Percival, Ryan Sent: Monday, January 04, 2021 11:48 AM To: LeLacheur, Bob <blelacheur@ci.reading.ma.us> Cc: Kinsella, Jane <jkinsella@ci.reading.ma.us>; Mercier, Julie <jmercier@ci.reading.ma.us>; Isbell, Peter <pisbell@ci.reading.ma.us> Subject: Fwd: Auburn St clean up Bob, Please see the email below. Peter I. will be removing the old tank foundation to the right of the current tank in anticipation for the lay down area needed for the existing tank to be replaced. The old foundation will only be removed such that the ground can be level. No soil will leave the site. This is only site clean up and by no means change our plan to file a plan with CPDC for the tank replacement and 911 radio tower. This work helps to prepare the site for the upcoming project. Please let me know if feel there will be an issue with this. Would it be worth emailing the SB in case they receive calls? Peter will wait to proceed until we hear back. Thank you, Ryan Sent from my iPhone Begin forwarded message: From: "Isbell, Peter" <pisbell@ci.reading.ma.us> Date: January 4, 2021 at 11:17:42 AM EST To: "Percival, Ryan" <rpercival@ci.reading.ma.us> Subject: Auburn St clean up Ryan, I was going to have a crew go up to the Auburn tank site and remove the old rotted foundation from the old standpipe. This is needed in preparation of the new tank build and lay down area we discusses a few weeks ago, also it has been an eye sore and I wanted to clean up the site as best we can. Please let me know if you think there will be any issues with this. Thank you, Peter Wine and Malt Beverages Only Package Store Liquor Licenses Public Comments Requested The Select Board, acting as the Liquor Licensing Authority for the Town, is seeking comments on whether the Board should obtain authorization to grant liquor licenses to sell wine and malt beverages only for off-premises consumption pursuant to M.G.L. c.138, §15 (also known as a wine and malt beverages only package store license). Currently, the Select Board is not empowered to issue licenses of this type. Thus, before the Board can entertain an application for a wine and malt only package store license, the following would need to occur: 1. Town Meeting approval to submit a petition to the legislature for a Special Act to issue wine and malt beverages only package store licenses; and 2. Legislature approval of the Special Act. Additionally, depending on the language of the Special Act approved by the legislature, voter approval at the ballot may also be required. License History and Quota In 2016, Town Meeting directed the Select Board to petition the legislature for a Special Act authorizing the issuance of certain types of liquor licenses within Town.1 See Chapter 464 of the Acts of 2016. The Special Act contains two essential provisions. First, the Special Act authorizes the issuance of the following liquor licenses: 1. Section 12 license for the sale of all alcoholic beverages for on -premises consumption; 2. Section 12 licenses for the sale of wine and malt beverages only for on -premises consumption; and 3. Section 15 licenses for the sale of all alcoholic beverages for off-premises consumption. Notably, the Special Act does not authorize the issuance of a license for the sale of wine and malt beverages only for off-premises consumption. This restriction is in keeping with the Town’s historic practice and a 2005 Town Meeting vote defeating an article seeking to sanction the issuance of such licenses.2 1 Article 4 of the November 21, 2016 Special Town Meeting. 2 Article 25 of the 2005 Annual Town Meeting sought Town Meeting authorization to petition the legislature for a Special Act that would allow issuance of licenses for the sale of wine and malt beverages only not to be drunk on the premises. The article failed 12 to 112. Second, the Special Act establishes that the Town’s license quota is governed by M.G.L. c.138, §17, and a 2010 Special Act, which grants one all alcohol package store license for use at 30 Haven Street. See Chapter 459 of the Acts of 2010. Accordingly, the Select Board may issue the following number of licenses: License Type Section 17 Quota Reading’s Quota3 Currently Issued Section 12: All Alcoholic Beverages One license for each population until of 1,000 persons, or fraction thereof. For populations of more than 25,000 people, one additional license may be issued for each addition 10,000-person unit, or fraction thereof. Minimum of 14. 25 16 Section 12: Wine and Malt Beverages Only One license for each population unit of 5,000 or fraction thereof. Minimum of 5. 5 1 Section 15: All Alcoholic Beverages One license for each population unit of 5,000, or fraction thereof. Minimum of 2. 5; plus 1 pursuant to 2010 Special Act 6 Section 15: Wine and Malt Beverages Only One license for each population unit of 5,000 or fraction thereof. Minimum of 5. 0 N/A As reflected above, the Town’s five all alcoholic beverages package store licenses, as well as the license restricted to 30 Haven Street, are currently in use. Public Input The Select Board seeks feedback from the public on whether the Town should offer wine and malt beverages only package store licenses to interested individuals. Comments regarding impacts on the local economy, diversion to minors, mental health, and licensee diversity are greatly appreciated. Comments may be submitted to selectboard@ci.reading.ma.us 3 M.G.L. c.138, §17 states that the population of any city or town shall be that enumerated in the most recent federal census. Until the 2020 census population figures are certified, the Town’s population is based on the 2010 census, which reflect a population of 24,757 in Reading. It is anticipated that Reading’s quota of all alcoholic beverages package store licenses will increase by at least one after the census is certified. To: Select Board From: Rick Lopez, MD – Chair, Board of Health Re: Alcohol Licenses Date: January 8, 2021 In response to a request from the Select Board, the Board of Health had a discussion at its January 7, 2021 meeting regarding the public health implications of expanding alcohol licenses for off-site consumption, such as in convenience stores or gas stations. The purpose of this memo is to briefly summarize the outcome of that discussion. A partial review of the public health literature (references available on request) revealed that the geographic density of liquor licenses is directly correlated with a host of public health issues including increased alcohol consumption, violent crime, domestic violence, poorer health outcomes, etc. This correlation in general is higher for licenses allowing off-site consumption (i.e. package stores) as compared to on-site consumption (i.e. restaurants, bars). With this background, and realizing that there is no right or wrong answer, the Board would like to offer following conclusions and suggestions: 1. Reading is a suburban town in a densely populated area and as such it would not be advisable to strictly limit alcohol licenses to our residents . There are many options in surrounding communities to obtain alcohol and such restrictions would be a burden to community in terms of convenience, development, and the economy. 2. That said, the literature suggests as noted above that the more locations where alcohol can be purchased (especially for off-site consumption), the greater the potential risk to public health and under-age drinking. 3. The Board of Health discussed the need to weigh the risk noted in #2 against the reality noted in #1 and recommends careful consideration by the Select Board of thes e factors when considering additional licenses for convenience stores and gas stations in particular. 4. Additional alcohol licenses for on-site consumption such as restaurants are the least likely to impact the public health with respect to alcohol consumpti on. 5. Finally, specialty stores that sell alcohol in addition to other products (such as Pamplemousse), in our opinion, fall somewhere in between restaurants/bars and convenience stores/gas stations. While they do provide for off-site consumption, they would seem to be less risky in terms of the clientele that they typically serve. In addition, these kinds of stores provide a segment of economic and development activity that may be beneficial to the town for other reasons. December 24, 2020 Martin Suuberg Commissioner Massachusetts Department of Environmental Protection One Winter Street Boston, MA 02108 Dear Commissioner Suuberg, We write to urge the Massachusetts Department of Environmental Protection (MassDEP) to consider suspending the Conditional Approval for Comprehensive Plan Approval (Conditional Approval) issued to Palmer Renewable Energy LLC (Palmer) for a proposed biomass-fired power plant in Springfield, Massachusetts, so that the new Biden administration can review and potentially issue new regulations for biomass pollution and climate impact. In addition to suspending the approval, MassDEP should conduct a new review of the proposed plant’s air quality impacts that accounts for the ongoing respiratory health pandemic, new public health data, and the accelerating climate crisis. Springfield residents deserve an updated air quality analysis that reflects the city’s current health and environmental justice issues, which have become more acute in the decade since MassDEP initially issued the Conditional Approval. Springfield already suffers from extremely high rates of respiratory illness. Nearly one in five children in Springfield have asthma—a rate more than twice the national prevalence rate of 8 percent.1 In 2018 and 2019, the Asthma and Allergy Foundation of America ranked Springfield as its top “Asthma Capital” and the most challenging place in the U.S. to live with asthma.2 The proposed Palmer biomass plant would only exacerbate this serious problem. The plant is expected to burn approximately one ton of wood per minute and emit fine particulate matter, nitrogen oxides, sulfur dioxide, and other harmful pollutants,3 which can damage the human respiratory system and make breathing difficult.4 Additionally, COVID-19 has continued to spread throughout the region, with more than 7,730 cases and 145 deaths in Springfield over the course of the pandemic.5 Recent research has linked 1 Pioneer Valley Asthma Coalition, https://pvasthmacoalition.org/asthma_facts__awareness (last visited Dec. 8, 2020). 2 Springfield, Massachusetts: Why It’s the #1 Asthma Capital, https://community.aafa.org/blog/springfield- massachusetts-why-it-s-the-1-asthma-capital (last visited Nov. 23, 2020). 3 David Abel, In the nation’s asthma capital, plans to burn wood for energy spark fury, Boston Globe (Oct. 20, 2020), https://www.bostonglobe.com/2020/10/20/science/nations -asthma-capital-plans-burn-wood-energy-spark- fury/. 4 U.S. Environmental Protection Agency, https://www.epa.gov/so2-pollution/sulfur-dioxide-basics#effects (last visited Dec. 7, 2020). 5 Peter Goonan, New COVID-19 cases in Springfield jump 73% in single week, MassLive.com (Dec. 7, 2020), https://www.masslive.com/coronavirus/2020/12/new-covid-19-cases-in-springfield-jump-42-in-single-week.html. Commissioner Martin Suuberg December 24, 2020 Page 2 of 3 poor air quality to a disproportionately high rate of coronavirus illness and death, 6 and a report by the Office of Massachusetts Attorney General Maura Healey found that COVID-19 has had a disproportionate effect on communities of color in Massachusetts’ largest municipalities.7 As the third-largest city in Massachusetts, with high levels of air pollution, and nearly 90 percent of residents categorized as living within an environmental justice population, 8 Springfield has multiple intersecting factors that combine to heighten the citywide risk of COVID-19. In reassessing the Palmer biomass plant proposal, MassDEP needs to account for the latest research into the spread of COVID-19, the respiratory health risks in the surrounding population, and the historic burden of air pollution on the local community. Furthermore, the body of scientific evidence on climate change and biomass energy has grown significantly since MassDEP originally issued the Conditional Approval. A wood-burning power plant has a carbon dioxide emissions rate that is approximately fifty percent higher than that of a coal-fired power plant, emitting approximately 3,000 pounds of carbon dioxide per megawatt- hour.9 Scientific studies, including one commissioned by the Commonwealth of Massachusetts, have found that it takes decades of forest regeneration to offset these emissions.10 The proposed Springfield biomass plant would therefore undermine Massachusetts’ climate, environmental justice, and clean energy goals. The Clean Air Act allows the federal government to delegate authority to state agencies to regulate intrastate sources of air pollution, in line with federal standards.11 The U.S. Environmental Protection Agency has approved Massachusetts’ State Implementation Plan for air quality standards, giving MassDEP the authority to review air quality impacts and issue permits to polluting facilities. And since 2013, MassDEP has had the legal authority under 301 CMR 7.02(3)(k) to revoke the 2011 Conditional Approval for the proposed biomass-fired power plant in Springfield based on Palmer’s failure to commence construction of the plant. As our understanding of the threats posed to air quality, public health, and the climate increases—and as the new Biden administration develops its air and climate policies—we urge MassDEP to use its 6 Antonio Frontera et al., Severe air pollution links to higher mortality in COVID-19 patients: The “double-hit” hypothesis, J Infect. (Aug. 2020), published online May 21, 2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7240268/. 7 Office of Massachusetts Attorney General Maura Healey, COVID-19’s Unequal Effects in Massachusetts (2020), https://www.mass.gov/doc/covid-19s-unequal-effects-in- massachusetts/download#:~:text=COVID%2D19%20is%20disproportionately%20impacting,residents%20are%20p eople%20of%20color. 8 MA Executive Office of Energy and Environmental Affairs, 2010 Environmental Justice Populations, https://www.mass.gov/doc/ej2010communitystatisticspdf/download (last visited Nov. 23, 2020). 9 Mary S. Booth, Trees, Trash, and Toxics: How Biomass Energy Has Become the New Coal , Partnership for Policy Integrity (Apr. 2, 2014), https://www.pfpi.net/wp-content/uploads/2014/04/PFPI-Biomass-is-the-New-Coal-April-2- 2014.pdf. 10 Thomas Walker et al., Carbon Accounting for Woody Biomass from Massachusetts (USA) Managed Forests: A Framework for Determining the Temporal Impacts of Wood Biomass Energy on Atmospheric Greenhouse Gas Levels, J. Sustainable Forestry, 32:1-2, 130-158 (2013); John D. Sterman et al., 2018 Environ. Res. Lett. 13 015007, https://iopscience.iop.org/article/10.1088/1748-9326/aaa512/pdf.. 11 42 U.S.C. §§ 7401-7671 (1990). Commissioner Martin Suuberg December 24, 2020 Page 3 of 3 authority to consider suspending the Conditional Approval and reconsider its decade-old decision to grant Palmer an air quality permit for the biomass-fired power plant in Springfield. Sincerely, ____________________________ Edward J. Markey United States Senator ____________________________ Elizabeth Warren United States Senator THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108 (617) 727-2200 (617) 727-4765 TTY www.mass.gov/ago December 23, 2020 The Honorable Michael J. Barrett, Senate Chair, Joint Committee on Telecommunications, Utilities & Energy State House, Room 109-D Boston, MA 02133 The Honorable Thomas A. Golden House Chair, Joint Committee on Telecommunications, Utilities & Energy State House, Room 473B Boston, MA 02133 RE: Comments on Draft Regulations Amending Renewable Portfolio Standard Class I and II Regulations, 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) Dear Chairmen Barrett and Golden and Members of the Joint Committee: The Massachusetts Attorney General’s Office (AGO) offers the following comments to aid the Joint Committee on Telecommunications, Utilities, and Energy’s (Committee) consideration of the Department of Energy Resources’s (DOER) draft regulations amending 225 C.M.R. §§ 14.00 and 15.00 et seq. and associated guidelines 1 (collectively, Draft Regulations), which significantly amend the eligibility criteria and procedures for biomass generation units under the Commonwealth’s Renewable Energy Portfolio Standards (RPS) program. While unique to this Committee and DOER, the long-honored obligation to review and issue a report on draft DOER regulations is a purposeful cross-check on the regulatory implementation of the energy policy developed by this Committee. G.L. c. 25A, § 12. In light of the significant public concern and scientific evidence regarding the climate and public health impacts of DOER’s Draft Regulations,2 the AGO encourages the Committee to recommend that DOER initiate a public stakeholder process, including a period for public comment, on the Draft Regulations and accompanying analyses of the final 1 225 C.M.R. §§ 14.00 et seq.: Renewable Energy Portfolio Standard – Class I; 225 C.M.R. §§ 15.00 et seq.: Renewable Energy Portfolio Standard – Class II; Guideline on Eligible Biomass Fuel for Renewable Generation Units; Guideline on Overall Efficiency and Lifecycle Greenhouse Gas Analysis. 2 See, e.g., Springfield City Council, Unanimous Resolution in Opposition to State Subsidies & Incentives for Biomass Incinerating Power Plants in Massachusetts (Dec. 21, 2020). AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 2 of 12 regulatory package. Further, the AGO requests that prior to issuing its report on the Draft Regulations, the Committee hold a hearing to consider those well-founded concerns. The Commonwealth was prescient in stringently constraining biomass participation in the RPS program, and we should not reverse course now. In this letter, the AGO explains that (1) forest biomass energy production—the burning of woody fuel from forests to generate electricity—will only exacerbate the climate and public health crises facing the Commonwealth; (2) DOER’s Draft Regulations and their complex accompanying analyses, which stakeholders have not had sufficient time to review, raise important substantive and procedural legal concerns; and (3) the Draft Regulations contain numerous provisions that may increase—not decrease— greenhouse gas and other harmful pollutant emissions, and the analyses purporting to support the Draft Regulations appear to overlook important considerations, make unsupported assumptions, reach dubious conclusions, and in any event show the regulations may indeed have troubling emissions impacts. For example: • DOER analyzed the emissions, forest, and electricity sector impacts of only the regulations as proposed in April 2019, not the Draft Regulations submitted to this Committee, which contain significant changes from DOER’s proposal; • DOER continues to inflate its emissions-reduction calculations by employing a biomass lifecycle greenhouse gas calculator that determines emissions over time based on only a single year’s worth of data; • DOER proceeded with its misguided proposal to limit forest salvage through vague, unenforceable “Sustainable Forestry Management” practices, leaving it to third-party foresters to police compliance; • DOER failed to account for the significant soil carbon emissions associated with tree harvesting and forest thinning; • DOER acknowledged that three percent of New England forests will be permanently lost to development over the next fifty years, but failed to assess the additional and cumulative impacts of climate change on those forests and lifecycle greenhouse gas emissions; • The Draft Regulations may indeed pave the way for increased generation and construction of new, polluting biomass facilities, including the proposed facility in Springfield; and • The analyses accompanying DOER’s Draft Regulations suggest that, in order to participate in the Massachusetts RPS market, units would have to increase their “supply radius,” importing qualifying feedstocks from farther away and potentially putting greater pressure on forests and increasing transportation emissions. AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 3 of 12 In short, the scientific and technical bases for DOER’s conclusions that expanding RPS eligibility for burning woody biomass will lead to an increased reduction in greenhouse gas emissions, not result in a significant increase in biomass plant operations across the region, and have no significant impact on the region’s forests are, at best, unsubstantiated and, at worst, erroneous and contradicted by the findings of DOER’s own consultants. As a general rule, those analyses also fail to reflect the current scientific understanding of the climate impact of burning wood for fuel and continue to set as a benchmark for efficiency combined cycle natural gas plants—another highly emitting fossil fuel energy source on which, science tells us, we must rapidly reduce reliance. We request that the Committee’s review address these concerns. 1. Climate and Public Health Impacts of Biomass Electricity Generation As this Committee understands well, we are in the midst of a rapidly accelerating climate crisis. This summer, we endured prolonged significant or critical drought conditions in every corner of the Commonwealth,3 and the nation watched in horror as skies over California turned orange and thousands were displaced due to unprecedented mega forest fires.4 Wind storms and an unusually active hurricane season also exacted a grim toll,5 and 2020 is on track to be the hottest year on record.6 The Intergovernmental Panel on Climate Change (IPCC) has warned that, to have a roughly 50 percent chance of limiting warming to 1.5-2.0 degrees Centigrade, global emissions must be reduced by nearly half in the next ten years, at least 80 percent by 2050, and then decline to zero or become net negative.7 Recognizing the urgency of the climate crisis, the Commonwealth has imposed nation-leading statewide greenhouse gas emission targets under its Global Warming Solutions Act (GWSA). See G.L. c. 21N, § 3(b). And just this year the Secretary of the Executive Office of Energy and Environmental Affairs (EEA) issued a draft determination establishing net zero as the Commonwealth’s new greenhouse gas emissions limit for 2050.8 Policies that subsidize wood burning, like the revised RPS eligibility requirements for biomass set forth in DOER’s Draft Regulations, move the Commonwealth in the wrong direction. Our forests are one of our first lines of defense against climate change because of their 3 See Massachusetts September 2020 Drought Status (Oct. 9, 2020), https://www.mass.gov/doc/september- 2020/download. 4 See, e.g., Joseph Serna, Changes Caused by Worsening Wildfires in California Forests Will Last Centuries, L.A. Times (Dec. 21, 2020), https://www.latimes.com/california/story/2020-12-21/worst-california-wildfire-season- has-altered-forests-for-centuries-to-come; Kendra Pierre-Louis & John Schwartz, Why Does California Have So Many Wildfires, N.Y. Times (Dec. 3, 2020), https://www.nytimes.com/article/why-does-california-have- wildfires.html. 5 See 2020 Atlantic Hurricane Season takes infamous top spot for busiest on record, NOAA (Nov. 10, 2020), https://www.noaa.gov/news/2020-atlantic-hurricane-season-takes-infamous-top-spot-for-busiest-on-record. 6 See Andrea Thompson, 2020 Will Rival 2016 for Hottest Year on Record, Sci. Am. (Dec. 15, 2020), https://www.scientificamerican.com/article/2020-will-rival-2016-for-hottest-year-on- record/#:~:text=As%20of%20the%20end%20of,records%20go%20back%20141%20years). 7 Intergovernmental Panel on Climate Change, Global Warming of 1.5° C – Summary for Policy Makers, SPM- 14,16 (Oct. 6, 2018), http://report.ipcc.ch/sr15/pdf/sr15_spm_final.pdf. 8 See Sec’y of Energy and Envtl. Affs., Request for Comments (Feb. 26, 2020), https://www.mass.gov/doc/draft- letter-of-determination-on-the-2050-emissions-limit-revised-342020/download. AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 4 of 12 ability to sequester carbon.9 Yet DOER’s new regulations threaten their integrity and will result in increased greenhouse gas emissions almost certainly in the short term—when we need to be drastically reducing emissions—and most likely over the longer term, notwithstanding the flawed analyses accompanying DOER’s Draft Regulations. Per BTU, wood has about the same carbon content as coal,10 and, according to the Environmental Protection Agency, wood contains about 75% more CO2 per British thermal unit (BTU) than natural gas.11 As a result, wood that is harvested and burned for energy immediately increases CO2 emissions—even where it is displacing fossil fuels.12 Moreover, while it is generally true that forest regrowth can partially offset greenhouse gas emissions generated from wood burning in some circumstances, in New England, in general, and in Massachusetts, in particular, that regrowth can take up to a century or longer.13 In the meantime, biomass energy production will accelerate irreversible harms associated with climate change that render rates of future forest regrowth even less certain, including extreme weather events like ice storms and hurricanes,14 increased insect populations, droughts, and changing rainfall patterns.15 Additionally, though some burned biomass fuel, like forest-derived salvage, would decay and generate greenhouse gas emissions if left in place, that process, too, would unfold slowly over time, as compared to the immediate release of greenhouse gas emissions from 9 See William Moomaw et al., Intact Forests in the United States: Proforestation Mitigates Climate Change and Serves the Greatest Good, 2 Front. For. Glob. Change 27, 4-5 (June 11, 2019) (concluding that Western Massachusetts forests have a “particularly high untapped capacity for carbon storage and sequestration” because of “high growth,” “low decay rates,” and no significant harvest in the last 75-150 years). 10 John D. Sterman et al., Does Replacing Coal with Wood Lower CO2 Emissions? Dynamic Lifecycle Analysis of Wood Bioenergy, 13 Envtl. Res. Letters 1, 2 (2018), https://iopscience.iop.org/article/10.1088/1748-9326/aaa512. 11 U.S. Envtl. Prot. Agency, Emission Factors for Greenhouse Gas Inventories (Mar. 26, 2020), https://www.epa.gov/sites/production/files/2020-04/documents/ghg-emission-factors-hub.pdf. 12 Sterman at 2 (“Burning wood instead of coal creates a carbon debt—an immediate increase in atmospheric CO2 compared to fossil energy.”); see Philippe Leturcq, GHG Displacement Factors of Harvested Wood Products: The Myth of Substitution, 10 Sci. Rep. 20752, 4 (Nov. 27, 2020), https://doi.org/10.1038/s41598-020-77527-8 (“The combustion emission of wood is clearly higher than that of other fuels.”); Mary S. Booth, Not Carbon Neutral: Assessing the Net Emissions Impact of Residues Burned for Bioenergy, 13 Envtl. Res. Letters 035001, 1 (Feb. 21, 2018), https://iopscience.iop.org/article/10.1088/1748-9326/aaac88/pdf (“Biomass power plants tend to emit more CO2 than fossil fueled plants per MWh, and as shown by a number of studies, net emissions from bioenergy can exceed emissions from fossil fuels for decades.”). 13 See Tara W. Hudiburg et al., Meeting GHG Reduction Targets Requires Accounting for All Forest Sector Emissions, 14 Envtl. Res. Letters 095005, 7 (Aug. 23, 2019) (“While it is theoretically possible that a replacement forest will grow and absorb a like amount of CO2 to that emitted decades or a century before, there is no guarantee that this will happen, and the enforcement is transferred to future generations.”); Moomaw at 2 (“[N]ewly planted forests require many decades to a century before they sequester carbon dioxide in substantial quantities.”). 14 See U.S. Global Change Research Program, Impacts, Risks, and Adaptation in the United States: Fourth National Climate Assessment, Volume II, 179 (2018) (rev’d 2020) (“Fourth National Climate Assessment”), https://nca2018.globalchange.gov/downloads/NCA4_2018_FullReport.pdf (explaining that extreme weather, such as “high winds, thunderstorms, hurricanes, heat waves, intense cold period, intense snow events, ice storms, and extreme rainfall” will likely increase over the next century). 15 See id. at 206-07, 234, 236-37 (describing likelihood of changes in insect activity, drought, and rainfall as a result of climate change); see Sterman at 8 (“The carbon debt incurred when wood displaces coal may never be repaid if development, unplanned logging, erosion or increases in extreme temperatures, fire, and disease (all worsened by global warming) limit regrowth or accelerate the flux or carbon from soils and the atmosphere.”). AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 5 of 12 burning such materials.16 And beyond stack emissions, wood harvesting also significantly increases greenhouse gas emissions by releasing carbon stored in soil into the atmosphere,17 and climate change may further increase the release of soil carbon resulting from wood harvest.18 Critically, biomass combustion also emits “traditional” harmful pollutants, including particulate matter, that present serious health threats, especially to the communities in which these plants are sited.19 Small particulate matter, which consists of liquid or solid particles “small enough to be inhaled deeply,”20 accounts for most of the health impacts of air pollution in the United States 21 and is connected to a multitude of adverse health consequences, including premature death, cardiovascular effects, asthma, bronchitis, pneumonia, chronic obstructive pulmonary disease,22 and, most recently, a higher COVID-19 death rate.23 Black and Latinx communities in Massachusetts experience disproportionately higher particulate matter exposure.24 As a result, environmental justice communities with higher concentrations of particulate matter experience these adverse health consequences at higher rates.25 Incentivizing biomass combustion in the Commonwealth would further burden communities already disproportionately affected by pollution with dangerous additional particulate matter emissions. The proposed biomass facility in Springfield, for example, would jeopardize the health of an 16 Booth at 2. 17 Steven P. Hamburg et al., Losses of Mineral Soil Carbon Largely Offset Biomass Accumulation 15 Years After the Whole-Tree Harvest In a Northern Hardwood Forest, 144 Biogeochemistry 1, 1 (June 15, 2019) (“If . . . the extent of forest harvesting is expanded to meet demand for bioenergy or to manage ecosystem carbon sequestration, then it will take substantially longer than previously assumed to offset harvest- or bioenergy-related carbon dioxide emissions with carbon uptake during forest regrowth.”); Fourth National Climate Assessment at 244 (“Increased disturbances such as harvesting, wildfire, and insect and disease damage can also release carbon stored in soils, especially where multiple disturbances occur over a short time span.”); see Moomaw at 4 (“Some older forests continue to sequester additional soil organic carbon and older forests bind soil organic matter more tightly than younger ones. If current management practices continue, the world’s forests will only achieve half of their biological carbon sequestration potential; intensifying current management practices will only decrease living biomass carbon and increase soil carbon loss.” (citations omitted)). 18 David L. Achat et al., Forest Soil Carbon Is Threatened By Intensive Biomass Harvesting, 5 Sci. Reps. 1, 6 (Nov. 4, 2015) (“[Soil organic carbon (“SOC”)] losses in topsoils due to conventional harvests increased with increasing initial SOC, the latter being itself partly controlled by climate. . . . Climatic influence was clearer for intensive harvests, as demonstrated by the positive relationships between SOC losses and mean annual temperature and evapotranspiration.”). 19 See, e.g., Fourth National Climate Assessment at 519 (discussing particulate matter emission from wildfires); Luke P. Naeher et al., Woodsmoke Health Effects: A Review, 19 Inhalation Toxicology 67 (2007). 20 Fourth National Climate Assessment at 518. 21 Id. at 520. 22 Id. at 517-19. 23 See Off. Mass. Attorney Gen. Maura Healey, COVID-19’s Unequal Effects in Massachusetts 6 (2020) (“Mass. AGO COVID-19 Report”), https://www.mass.gov/doc/covid-19s-unequal-effects-in- massachusetts/download (citing Xiao Wu et al., Air pollution and COVID-19 ortality in the United States, 6 Sci. Advances 45 (2020), https://advances.sciencemag.org/content/6/45/eabd4049?utm_source=newsletter& utm_medium=email&utm_campaign=newsletter_axiosfutureofwork&stream=future). 24 Mass. AGO COVID-19 Report at 5 (citing Anna Rosofsky, et al., Temporal Trends in Air Pollution Exposure Inequality in Massachusetts, 161 Envtl. Res. 76 (2018), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5761067/ pdf/nihms917702.pdf). 25 See Mass. AGO COVID-19 Report at 6-7 (citing Wu at 46). AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 6 of 12 environmental justice community already deemed the nation’s “asthma capital.”26 In sum, the science shows that biomass energy generation only exacerbates climate and public health harms. 2. Potential Legal Issues Raised by DOER’s Draft Regulations and Analyses Like DOER’s proposed regulations published in April 2019, the Draft Regulations raise several substantive and procedural legal concerns that warrant further consideration during Committee review and before DOER finalizes amendments to its RPS biomass program. First, to the extent the Draft Regulations could lead to an increase in greenhouse gas emissions, see infra Section 3, the Draft Regulations would run counter to both the Commonwealth’s obligation to “attain actual, measurable, and permanent emissions reductions” under the GWSA, Kain v. Dep’t of Envtl. Prot., 474 Mass. 278, 300 (2016), and the low- emission eligibility requirements set forth in the RPS statute, G.L. c. 25A, § 11F. The GWSA, for its part, “is designed to make Massachusetts a national, and even international, leader in the efforts to reduce the greenhouse gas emissions that cause climate change.” New England Power Generators Ass’n v. Dep’t of Envtl. Prot., 480 Mass. 398, 399 (2018). The statute accordingly requires the Commonwealth and its agencies to reduce statewide greenhouse gas emissions by at least eighty percent below 1990 levels by 2050 and to meet interim declining limits every decade along the way to maximize the Commonwealth’s ability to meet the 2050 target. G.L. c. 21N, § 3(b); see also id. § 6 (“In implementing its plan for statewide greenhouse gas emissions limits, the commonwealth and its agencies shall promulgate regulations that reduce energy use, increase efficiency and encourage renewable sources of energy in the sectors of energy generation, buildings and transportation.” (emphases added)).27 The Secretary of EEA accordingly has directed that Massachusetts reduce statewide greenhouse gas emissions by at least twenty-five percent below 1990 levels by 2020,28 and has issued a draft determination establishing net zero greenhouse gas emissions as the Commonwealth’s new emissions limit for 2050—a public process that is still underway.29 DOER’s RPS program is a key component of the Commonwealth’s efforts to meet the GWSA’s interim and 2050 limits by incentivizing renewable energy sources while phasing out dirtier fuel. Indeed, it is important not only as a climate policy in its own right, but also as a foundation for EEA and the Department of Environmental Protection’s implementation of the GWSA through its declining emissions cap on the electric sector and Clean Energy Standard. See G.L. c. 21N, § 3(c)-(d); 310 C.M.R. §§ 7.72-7.75 & 60.05-60.06. If the Draft Regulations would, by expanding subsidies for biomass energy, increase greenhouse gas emissions, the RPS program would be inconsistent with the GWSA’s near- and long-term emissions-reduction 26 Asthma and Allergy Found. Am., Asthma Capitals 2019: The Most Challenging Places to Live with Asthma, 33 (2019), https://www.aafa.org/media/2426/aafa-2019-asthma-capitals-report.pdf. 27 The AGO is also aware of ongoing efforts by the Committee Chairs to reach agreement on wide-ranging climate proposals intended to further the Commonwealth’s efforts to meet GWSA targets. 28 See Sec’y of Energy and Envtl. Affs., 2015 Update of the Clean Energy and Climate Plan for 2020 (Dec. 31, 2015), https://www.mass.gov/doc/clean-energy-and-climate-plan-for-2020/download. 29 See Sec’y of Energy and Envtl. Affs., Request for Comments (Feb. 26, 2020), https://www.mass.gov/doc/draft-letter-of-determination-on-the-2050-emissions-limit-revised-342020/download. AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 7 of 12 mandates and its core “anti-backsliding” purpose. See G.L. c. 21N, § 3(b), (d) (requiring adoption of declining statewide emissions limits and declining source category emissions limits, respectively); Kain, 474 Mass. at 287 (GWSA’s “central purpose” is “reducing emissions in the Commonwealth”).30 Additionally, to the extent the Draft Regulations would increase greenhouse gas emissions, they may be in significant tension with the RPS statute. In particular, the statute requires that qualifying renewable energy generating sources include only those biomass facilities that use “low emission advanced biomass power conversion technologies.” G.L. c. 25A, § 11F(b)(8), (c)(7), and (d)(8). If DOER weakens its existing biomass eligibility and efficiency requirements, its regulations may exceed the scope of their enabling legislation and newly eligible facilities may no longer actually qualify as “low emission” and “advanced” within the meaning of the statute. Second, DOER’s promulgation of the Draft Regulations appears to be in conflict with the administrative rulemaking procedures set forth in Chapter 30A. In particular, the Draft Regulations contain potentially significant changes from the regulations proposed for public comment that arguably warrant further public process. Cf. G.L. c. 30A, § 2 (public “notice shall . . . either state the express terms or describe the substance of the proposed regulation”). For example, the Draft Regulations include an entirely new provision expanding eligible forest salvage to include damaged trees “harvested through a [Department of Conservation and Recreation] approved cutting plan.”31 That change, DOER recognized, “will allow a greater amount of Forest Salvage to qualify for the RPS”32 even though, DOER noted elsewhere, the “appropriate calculation of carbon emissions of Forest Salvage is an evolving topic.”33 Additionally, the Draft Regulations for the first time “create a phased approach to reduction in the cap” on Class I Alternative Compliance Payments (ACP) that electricity suppliers may pay to the Massachusetts Clean Energy Center in lieu of demonstrating RPS compliance, setting a declining Alternative Compliance Payment that starts at $60 per megawatt hour (MWh) in 2021 and declines to $40 per MWh in 2023.34 But the proposed regulations would have capped the ACP at $70 per MWh and gave no indication that a declining cap was under consideration.35 DOER’s insufficient notice of such major changes, if not remedied before finalizing the Draft Regulations, would subvert the purpose of notice and comment rulemaking to provide meaningful opportunity for public review and input. 30 Cf. Sierra Club v. Ruckelshaus, 344 F. Supp. 253, 256 (D.D.C. 1972) (interpreting Federal Clean Air Act’s purpose to prohibit degradation of existing air quality), aff’d sub nom. Fri v. Sierra Club, 412 U.S. 541 (1973). 31 Draft Regulations at 225 C.M.R. § 14.02 (definition of “Forest Salvage” within definition of “Eligible Biomass Woody Fuel”). 32 DOER, Response to Comments at 13 (§ VII.D) (Dec. 4, 2020), https://www.mass.gov/doc/rps-reponse-to- comments-12-04-20/download. 33 Id. at 10 (§ VII.B.). 34 Id. at 3 (§ V.A.); see Draft Regulations at 225 C.M.R. § 14.08(3). 35 See Proposed Regulations at 225 C.M.R. § 14.08(3), https://www.mass.gov/files/documents/2019/04/08/ 225%20CMR%2014.00%20Draft%20RPS%20Class%20I%20CLEAN%20%28030119%29_0.pdf; DOER, RPS and APS Stakeholder Announcement, RPS Class I § 3.b. (May 15, 2019), https://www.mass.gov/files/documents/ 2019/05/15/RPS%20and%20APS%20Stakeholder%20Announcement.pdf. AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 8 of 12 Relatedly, DOER has not provided any opportunity for public input or review of the highly complex analyses, assumptions, or conclusions of the studies accompanying its Draft Regulations. In 2019, the AGO actively participated in DOER’s stakeholder process on the proposed regulations preceding the Draft Regulations, including submitting comments identifying numerous proposed changes that appeared to be inconsistent with Massachusetts climate policy and DOER’s statutory mandate to incentivize low-emission, advanced renewable energy.36 In those comments, the AGO also urged DOER to comprehensively assess and model through a transparent, iterative public process both the effect of further biomass subsidies on electricity sector demand for biomass energy and the likely short- and long-term emissions impacts of each of its proposed changes against an accurate baseline. Following public comment, DOER commissioned a technical analysis by Sustainable Energy Advantage, LLC, of the potential impact of the proposed regulations on biomass generation (SEA Report) and conducted assessments of the proposal’s potential impact on lifecycle greenhouse gas emissions (GHG Analysis) and state and regional forests (Forest Impact Assessment).37 But DOER did not engage with the public in designing, commissioning, or conducting those complex analyses or publish their results for public comment—in stark contrast to DOER’s approach in other regulatory proceedings in which each progressive step includes stakeholder comment. Instead, DOER for the first time publicly released the results of the analyses when it submitted the final Draft Regulations to this Committee this month, nearly a year and a half after the comment period closed. DOER has thus cabined public review to the tail end of a busy legislative session, during conference committee discussions of the climate bill, over the holidays, in the height of the global COVID-19 pandemic, and just before the Executive Office of Energy and Environmental Affair’s release of its 2030 Clean Energy and Climate Plan and roadmap identifying pathways to meet the Commonwealth’s ambitious and critical 2050 emission-reduction goals.38 Accordingly, the AGO believes that further stakeholder process, including opportunity for public comment, is needed to allow meaningful consideration of the significant emissions implications of the Draft Regulations, including changes that appear for the first time in the Draft Regulations and the analyses undergirding DOER’s approach. The Committee’s report is an appropriate opportunity to emphasize that need. 36 Massachusetts Attorney General’s Office Comments to the Department of Energy Resources regarding Proposed Amendments to Renewable Portfolio Standard Class I and II Regulations, 225 C.M.R. §§ 14.00 et seq., 15.00 et seq. (July 26, 2019) (Mass. AGO Comments) (incorporated herein as Attachment A). 37 See Sustainable Energy Advantage, Renewable Portfolio Standard Technical Analysis of Biomass (Dec. 4, 2020), https://www.mass.gov/doc/rps-technical-analysis-of-biomass-report/download; DOER, Renewable Energy Portfolio Standard-Forest Impact Assessment (Dec. 2020), https://www.mass.gov/doc/rps-forest-impact- assessment/download. 38 Indeed, it appears that stakeholder input and review of DOER’s analyses would have been helpful by identifying issues like those set forth in this letter, including that the analyses assess only the regulations as proposed, not as submitted to this Committee, and appear to rely on questionable assumptions and yield troubling conclusions, as discussed infra Section 3. AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 9 of 12 3. AGO Concerns Regarding the Draft Regulations and Analyses Finally, though the AGO has not had sufficient time to comprehensively review and evaluate the regulatory package submitted to the Committee, the Draft Regulations and accompanying analyses of their impact appear problematic in important ways. First, the Draft Regulations inexplicably retain many of the provisions in the proposed regulations that have the potential to increase greenhouse gas emissions and harm public health, as explained in AGO’s comments on the proposal.39 To be sure, the AGO appreciates that DOER has abandoned several of its damaging proposed amendments, validating some stakeholder concerns that the regulations as proposed would have hindered the Commonwealth’s emissions-reduction and public health goals.40 But those concerns unfortunately did not drive DOER’s revisions to the vast majority of its regulatory package. For example, DOER continues to employ a biomass greenhouse gas “tool” (i.e., calculator) that determines emissions over time based on a single year’s worth of data and thus arbitrarily inflates its emissions-reduction calculations.41 And DOER proceeded with its misguided proposal that forest-derived residues and forest-derived thinnings may be sourced from forests meeting vague, unenforceable “Sustainable Forestry Management” practices, resting the integrity of its entire program on the say-so (“independent[] verifi[cation]”) of third-party foresters.42 Second, as discussed supra Section 2, the Draft Regulations include new provisions that may reduce RPS compliance and expand eligible fuel and thereby potentially increase greenhouse gas emissions. But the SEA Report, GHG Analysis, and Forest Impact Analysis evaluate only the regulations as proposed and not the Draft Regulations as submitted to the Committee.43 In other words, it appears that no analyses have been performed in connection with the actual Draft Regulations DOER now plans to implement. Because the analyses do not include any projections with respect to the Draft Regulations’ new provisions and do not provide sufficient data to isolate the impact of any particular regulatory change in the proposal, it is impossible even to approximate the potential impact of the Draft Regulations from the information provided. For example, the Draft Regulations would likely substantially increase eligible forest salvage to include salvage from DCR-approved cutting plans, without any 39 See Mass. AGO Comments at 6-9. 40 See, e.g., Draft Regulations at 225 C.M.R. §§ 14.05(1)(a)7.c., 14.05(8)(b)1. & 15.05(1)(a)8.c., 15.05(5)(b)1. (abandoning proposals to reduce overall efficiency requirement from sixty percent to fifty percent and to waive efficiency requirement for units burning more than ninety-five percent forest salvage), 14.05(1)(a)7.d. & 15.05(1)(a)8.d. (abandoning proposal to extend period for calculating lifecycle greenhouse gas emissions from twenty to thirty years). 41 See Mass. AGO Comments at 8; DOER, RPS: Guideline on Overall Efficiency and GHG Analysis (last updated Dec. 4, 2020), https://www.mass.gov/doc/rps-guideline-on-overall-efficiency-and-ghg-analysis. 42 See Mass. AGO Comments at 9; Draft Regulations at 225 C.M.R. §§ 14.02, 14.05(8)(a) & 15.02, 15.05(5)(a). DOER undertook this revision, despite its prior consultant’s conclusion that “the sustainable management of forests is critical to ensuring carbon can be sequestered.” SEA Report, App. B: DOER RPS Lifecycle Greenhouse Gas Analysis, at 2 (Dec. 2020), https://www.mass.gov/doc/rps-technical-analysis-of-biomass-appendix-b/download (citing Manomet Ctr. for Conservation Scis., Biomass Sustainability and Carbon Policy Study (June 2010), https://www.manomet.org/wp-content/uploads/2018/03/ Manomet_Biomass_Report_ Full_June2010.pdf). 43 See SEA Report at 8, 26 (describing and assessing “proposed policy changes”). AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 10 of 12 assessment of the amount of eligible salvage available under such cutting plans or its impact on forests and greenhouse gas emissions if burned.44 Third, the analyses of the proposed regulations themselves appear to omit key considerations, rely on questionable assumptions, draw unsupported conclusions, and in any event disclose troubling emissions and forest impacts. For example, the GHG Analysis appended to the SEA Report appears to leave unanswered the extent to which the regulations as proposed would lead to increased greenhouse gas emissions from disturbing forest soil,45 despite soil’s well-documented role as a carbon sink.46 Additionally, DOER’s Forest Impact Assessment noted that, at current annual loss rates, 1.2 million acres, or three percent, of New England forests could be permanently be lost to development over the next fifty years, yet DOER failed even to mention—let alone account for—the additional and cumulative impact of climate change on forests, including increased extreme weather events, drought, changes in rainfall patterns, and increased damage from insects.47 The SEA Report also assumed that only six of the forty-six existing biomass generation units in New England might increase generation materially as a result of the regulations and therefore expressly does not study the impact of the proposed regulations on the forty remaining units.48 But the SEA Report’s stated reasons for excluding those forty facilities from the analysis may not hold up. It is unclear, for example, whether the proposed changes, including expansion of eligible fuel and relaxation of compliance procedures, could nonetheless result in increased generation at already eligible biomass facilities or entice retired units to come back online. Additionally, even with respect to the six units actually studied, the SEA Report acknowledged that “the market and policy landscapes and supply responses to those landscape [sic] are constantly shifting,” undermining its core conclusion that the proposed regulations would not cause those units to participate in the Massachusetts RPS market because other states’ markets are currently more lucrative. 49 Further, the SEA Report’s conclusion that RPS revenue under the proposed regulations is “extremely unlikely to be sufficient to finance a new biomass facility” answers the wrong question.50 The pertinent question is whether the incentives available under the amended RPS program would move the needle for a new biomass facility that has other sources of financing available, like federal funding and long-term municipal contracts. Of particular concern to the AGO, the SEA Report claimed that the “exact status” of the proposed biomass generation plant in Springfield is “not known” and so did not assess the impact of the proposed regulations on the viability of that facility taking into account its current, knowable contracts and financing.51 And, indeed, it appears the Draft Regulations may prove lucrative for that facility, as they altogether 44 See, e.g., Draft Regulations at 225 C.M.R. § 14.02. 45 See generally SEA Report, App. B. 46 See supra nn.15-16. 47 See Forest Impact Assessment at 3. 48 See SEA Report at 12-13. 49 Id. at 1-2, 33. 50 Id. at 2, 24, 32. 51 Id. at 10 & n.15. AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 11 of 12 waive the efficiency requirement for facilities using more than ninety-five percent non-forest- derived residues 52—the fuel stock the facility is permitted to burn. See In re Palmer Renewable Energy, LLC, Dkt. Nos. 2011-021 &-02, 2012 WL 5377276, at *1-2 (Mass. Dep’t Envtl. Prot. July 9, 2012) (Recommended Final Decision after Remand). Finally, the SEA Report, taken at its word, actually suggests that the regulations may yield increased emissions. Specifically, the SEA Report suggests that changes to biomass requirements may increase overall biomass generation at the six marginal plants studied by four to thirteen percent, over 2019 levels.53 The SEA Report also suggests that biomass output will increase over the study period, with 2025 generation at these facilities increasing by as much as 63.8 percent over 2019 levels.54 Increases in biomass generation might be higher still, if some fraction of the forty units excluded from SEA’s analysis do, in fact, respond to the policy changes.55 And were new production to come online, the SEA Report acknowledged, “an increase in production from zero to greater than zero would, under DOER’s greenhouse gas accounting methods, show an increase in greenhouse gas emissions in early years.”56 Additionally, the Biomass Resource Evaluation appended to the SEA Report concluded that, because none of the facilities deemed to be candidates for participation in the new RPS biomass market are likely to be able to meet the fifty percent overall efficiency requirement, participation will require those plants to increase their “supply radius” to secure ninety-five percent of their fuel from non-forest residues and forest salvage—apparently by importing those feedstocks from farther away and potentially putting greater pressure on forests and increasing emissions from transporting such fuel.57 In sum, DOER’s Draft Regulations and accompanying analyses raise more questions than they answer—questions that warrant further, in-depth review. 52 See Draft Regulations at 225 C.M.R. §§ 14.05(1)(a)7.c., 14.05(8)(b)2. & 15.05(1)(a)8.c., 15.05(5)(b)2. 53 The six marginal generators produced a total of 994,073 MWh from “wood and wood waste” in 2019 according to government sources. See U.S. Energy Info. Admin., Form-923, Schedules 3-5, 1, https://www.eia.gov/electricity/data/eia923/archive/xls/f923_2019.zip. SEA estimates that policy changes would increase biomass output by 247,907 MWh to 800,186 MWh over the six-year study period. SEA Report at 32. On an annualized basis, therefore, the changes would increase output by between 41,317 MWh (4.2%) and 133,364 MWh (13%) over 2019 levels. 54 SEA’s analysis indicates that in 2025, output would increase by 634,000 MWh over the baseline. See Id. at Table 10. If the 2025 output figures are representative of longer-term trends, then the policy changes would increase biomass output at these facilities by 63.8 percent, over 2019 levels. 55 Id. at 12-13. 56 Id. at 30. 57 SEA Report App. A: Biomass Resource Evaluation, at 21 (Dec. 4, 2020), https://www.mass.gov/doc/rps- technical-analysis-of-biomass-appendix-a/download. AGO Comments on 225 C.M.R. §§ 14.00 et seq. and 15.00 et seq. (H.5169) December 23, 2020 Page 12 of 12 Conclusion As the Supreme Judicial Court has emphasized, Massachusetts climate policy “is designed to go well beyond business as usual in terms of reducing emissions: to upend, rather than to uphold, the status quo.” New England Power Generators Ass’n, Inc., 480 Mass. at 406. And the Commonwealth has both a legal and a moral obligation to protect our most vulnerable communities from harmful air pollution. Incentivizing additional forest biomass energy production would be a step backward, not forward, in those critical efforts. For the reasons described herein, we encourage the Committee to recommend that DOER initiate a public stakeholder process, including a period for public comment, on the Draft Regulations and analyses supporting those regulations. Further, the AGO requests that, prior to issuing its report on the Draft Regulations, the Committee hold a hearing to consider the well- founded public concern and scientific evidence regarding the significant climate and public health impacts of biomass generation in the Commonwealth. Sincerely, Melissa Hoffer Chief, Energy and Environment Bureau ATTACHMENT A THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108 (617)727-2200 (617) 727-4765 TTY www.mass.gov/ago July 26, 2019 BY ELECTRONIC MAIL Department of Energy Resources 100 Cambridge Street, Suite 1020 Boston, MA 02114 Attn: Attention John Wassam DOER.RPS@mass.gov Re: Comments on Amendments to Renewable Portfolio Standard Class I and II Regulations, 225 C.M.R. §§ 14.00 et seq., 15.00 et seq. The Office of Attorney General Maura Healey (the “AGO”) appreciates the opportunity to offer these comments on the woody biomass provisions of the Massachusetts Department of Energy Resources’s (“DOER”) proposed amendments to 225 C.M.R. §§ 14.00 et seq.: Renewable Energy Portfolio Standard – Class I, 225 C.M.R. §§ 15.00 et seq.: Renewable Energy Portfolio Standard – Class II, and its proposed Renewable Energy Portfolio Standard Guideline on Eligible Biomass Fuel for Renewable Generation Units and Draft Guideline on Overall Efficiency and Lifecycle Greenhouse Gas Analysis (together, the “Proposed Amendments”).1 The Proposed Amendments raise significant concerns about the potential for increased greenhouse gas emissions from biomass energy under the Commonwealth’s vital Renewable Energy Portfolio Standard (“RPS”) program and may undermine the Commonwealth’s nation- leading efforts to address climate change by achieving significant reductions in emissions over the short and long terms. In these comments, the AGO provides (1) background information regarding Massachusetts’ climate policy and the emissions implications of woody biomass, (2) brief concerns about the legal implications of the Proposed Amendments to DOER’s RPS regulations, and (3) specific recommendations regarding the Proposed Amendments. The AGO urges DOER to reconsider its proposed changes to the woody biomass provisions of the Proposed Amendments as they appear to be inconsistent with Massachusetts climate policy and DOER’s statutory mandate to incentivize low-emission, advanced renewable energy. 1 The AGO’s comments solely concern the Proposed Amendments related to woody biomass and do not address the other provisions of the Proposed Amendments. 2 Background The AGO strongly supports Massachusetts’s efforts to lower greenhouse gas emissions and promote clean, renewable energy. As the Fourth National Climate Assessment makes clear, the Earth’s climate system is rapidly changing, almost wholly due to human activity, like deforestation and combustion of fossil fuels, that results in the emission of greenhouse gases.2 Global annual average surface air temperature increased by 1.8 °F from 1901 to 2016, making this period “the warmest in the history of modern civilization.”3 Climate change presents a serious threat to the Commonwealth and its residents. According to recent research by the University of Massachusetts, the Northeast, including Massachusetts, will continue to see temperatures rise higher and more quickly than the rest of the United States and the world.4 Sea level rise, too, is projected to be higher on the East Coast of the United States than the global average.5 By 2100, Massachusetts is projected to experience between 4.0 and 7.6 feet of sea level rise relative to mean sea level from the year 2000, with up to 10.2 feet possible under a high-emissions scenario.6 Warmer temperatures, extended heat waves, flooding, changing precipitation, and increasingly severe weather events are already having significant impacts on public health, the environment, and agriculture in Massachusetts, causing billions in property damage and straining key infrastructure like the electrical grid.7 These accelerating climate harms underscore the need to reduce greenhouse gas emissions in the near term, as quickly as possible. According to the 2018 report of the Intergovernmental Panel on Climate Change, limiting global warming to 1.5 °C will require rapid—within the next ten to fifteen years—and far-reaching economy-wide transitions, including massive electrification of the economy with carbon-free fuels.8 Massachusetts law 2 USGCRP, IMPACTS, RISKS, AND ADAPTATION IN THE UNITED STATES: FOURTH NATIONAL CLIMATE ASSESSMENT, VOLUME II: REPORT-IN-BRIEF 4 (D.R. Reidmiller et al. eds., 2018), https://nca2018.globalchange.gov/downloads/NCA4_Report-in-Brief.pdf. The Fourth National Climate Assessment is a two -volume peer-reviewed assessment released by the U.S. Global Change Research Program coordinated by thirteen federal agencies and representing the work of over 200 governmental and nongovernmental experts. See USGCRP, CLIMATE SCIENCE SPECIAL REPORT: FOURTH NATIONAL CLIMATE ASSESSMENT, VOLUME I (D.J. Wuebbles et al. eds., 2017), available at https://science2017.globalchange.gov/ (“FOURTH ASSESSMENT, Vol. I”); USGCRP, IMPACTS, RISKS, AND ADAPTATION IN THE UNITED STATES: FOURTH NATIONAL CLIMATE ASSESSMENT, VOLUME II: REPORT-IN-BRIEF 1 (D.R. Reidmiller et al. eds., 2018), available at https://nca2018.globalchange.gov/downloads/NCA4_Report-in-Brief.pdf. 3 FOURTH ASSESSMENT, Vol. I, at 10, 13, 17 (Exec. Summ.), 39, 40 (Ch. 1), 78, 80-84 (Ch. 2). 4 Horton et al., Northeast, in CLIMATE CHANGE IMPACTS IN THE UNITED STATES: THE THIRD NATIONAL CLIMATE ASSESSMENT, 373 (2014), available at http://nca2014.globalchange.gov/report/regions/northeast. 5 FOURTH ASSESSMENT, Vol. I, at 10 (Exec. Summ.). 6 See NORTHEAST CLIMATE ADAPTATION SCIENCE CTR., MASSACHUSETTS CLIMATE CHANGE PROJECTIONS- STATEWIDE AND FOR MAJOR DRAINAGE BASINS 15 (Mar. 2018), https://nescaum-dataservices- assets.s3.amazonaws.com/resources/production/MA%20Statewide%20and%20MajorBasins%20Climate%20Project ions_Guidebook%20Supplement_March2018.pdf. 7 See, e.g., id. at 4-6; MASSACHUSETTS DEP’T OF PUB. HEALTH, CAPACITY TO ADDRESS THE HEALTH IMPACTS OF CLIMATE CHANGE IN MASSACHUSETTS, 6 (Apr. 2014), available at http://www.mass.gov/eohhs/docs/dph/environmental/exposure/climate-change-report-2014.pdf; Horton, supra, at 379; Runkle et al., Massachusetts State Summary, NOAA TECHNICAL REPORT NESDIS 149-MA, 4 (2017), available at https://statesummaries.ncics.org/MA. 8 IPCC. 2018. GLOBAL WARMING OF 1.5 °C - SUMMARY FOR POLICYMAKERS, SPM-15-16, Sec. C.1.3. (approved by IPCC Oct. 6, 2018), available at http://report.ipcc.ch/sr15/pdf/sr15_spm_final.pdf. 3 accordingly requires sweeping immediate and long-term emission reductions within the Commonwealth, mostly notably under the Global Warming Solutions Act (GWSA), G.L. c. 21N. Working in collaboration with Massachusetts agencies, the AGO has a long history of legal advocacy to secure reductions in the greenhouse gas emissions that are the key driver of climate change. The AGO led the federal litigation that resulted in the United States Supreme Court’s determination in Massachusetts v. EPA that greenhouse gases are pollutants and that EPA was obliged to regulate greenhouse gas emissions under the federal Clean Air Act if it found such emissions endanger public health or welfare. See 549 U.S. 497 (2007). In subsequent administrative proceedings and litigation, the AGO has worked closely with other states to advocate for and defend federal findings and regulations addressing climate change and to fight now-pending rollbacks of those policies.9 Here at home, the AGO has supported Massachusetts agencies’ critical efforts to lower greenhouse gas emissions from numerous sources, including successfully defending the Massachusetts Executive Office of Energy Affairs (“EEA”) and Department of Environmental Protection’s (“DEP”) recently promulgated declining emissions cap on the electric sector and its Clean Energy Standard (“Cap and CES Regulations”), 310 C.M.R. §§ 7.74-7.75, under the GWSA. See New England Power Generators Ass’n v. Department of Envtl. Prot., 480 Mass. 398 (2018). And through its advocacy on behalf of ratepayers, the AGO has sought to ensure that utilities and other participants in the energy markets make reasonable and prudent investments in clean energy initiatives while avoiding ratepayer subsidies for costly and unneeded fossil fuel infrastructure. With the timing and substance of federal climate action now in question, it is more critical than ever that the Commonwealth maintain and strengthen its leadership in cost-effectively reducing greenhouse gas emissions while demonstrating that the transition to clean energy promotes good-paying jobs, economic growth, and consumer savings. It is in this context of climate crisis and the Commonwealth’s and the AGO’s shared interest and commitments to address that crisis that the AGO’s concerns regarding DOER’s Proposed Amendments arise. Unlike the zero-carbon technologies recognized under the RPS, forest biomass energy production—the burning of woody fuel from forests to generate electricity—is not a sustainable climate solution. It is not “carbon neutral,” as EPA has recently claimed.10 In fact, burning forest biomass to generate electricity has the potential to increase greenhouse gas emissions if technologies, forest management, and fuel sources are not carefully 9 See, e.g., California et al. v. EPA, No. 18-1114 (D.C. Cir. filed May 1, 2018); New York et al. v. EPA, No. 18- 1174 (D.C. Cir. filed June 26, 2018); Comments of the Attorneys General of Massachusetts et al. on EPA’s Proposed Revisions to the Refrigerant Management Program’s Extension to Substitutes (Nov. 15, 2018), Doc. ID No. EPA-HQ-OAR-2017-0629-0300; Comments of the Attorneys General of New York et al. on EPA’s Proposed Emission Guidelines for Greenhouse Gas Emissions from Existing Electric Utility Generating Units; Revisions to Emission Guideline Implementing Regulations; Revisions to New Source Review Program (Oct. 31, 2018), Doc. ID No. EPA-HQ-OAR-2017-0355-24817; Comments of the Attorneys General of California et al. on EPA’s Proposed Review of Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units (Mar. 18, 2019), Doc. ID No.EPA-HQ-OAR-2013-0495- 12736. 10 Scott Pruitt, Administrator, Envtl. Prot. Agency, Policy Statement: EPA’s Treatment of Biogenic Carbon Dioxide Emissions from Stationary Sources that Use Forest Biomass for Energy Protection, available at https://www.epa.gov/air-and-radiation/epas-treatment-biogenic-carbon-dioxide-emissions-stationary-sources-use- forest. 4 understood and regulated. As DOER’s own groundbreaking 2010 Manomet Study explains, net cumulative emissions in 2050 of biomass electricity are approximately equal to those from equivalent electricity generated by coal burning, and cumulative total emissions are substantially higher with biomass electricity generation than equivalent electricity generated by natural gas combustion—the dominant and marginal fuel in the New England electric grid.11 Although some of the emitted carbon can eventually be resequestered through forest regrowth, that process takes decades and some emissions—like those resulting from the cutting, processing, transportation, and drying of woody biomass fuel—will never be offset.12 Harvesting of Massachusetts forests for bioenergy facilities also can have significant impacts on ecosystems and the long-term sustainability of important state industries such as recreation, tourism, and even forestry.13 And burning of biomass materials releases particulate matter and other harmful pollutants that have serious health effects in surrounding communities, especially in combination with other local pollution commonly experienced in environmental justice communities and in regions like western Massachusetts where wood-fired heating is widespread.14 Expanding subsidies for polluting biomass energy production without appropriate safeguards through a program meant to promote clean “renewable energy” would be inconsistent with the Commonwealth’s greenhouse gas emission reduction mandate. And, in light of the critical role forests play in mitigating emissions, the Commonwealth should be working to preserve and replenish our forests as important carbon sinks, not putting incentives in place to burn them as fuel. As discussed in more detail below, the AGO is concerned that the Proposed Amendments would promote and subsidize forest biomass energy production under the RPS program by removing or weakening the restrictions on woody biomass eligibility established in 2012, notwithstanding the legal and scientific imperatives to reduce greenhouse gas emissions as rapidly as possible. Questions AGO Urges DOER to Consider Before Finalizing the Proposed Amendments The Proposed Amendments raise several legal concerns that DOER should assess carefully before finalizing any rule, many of which relate to the central question whether the Proposed Amendments would result in increased greenhouse gas emissions. That complex question, however, has not yet been answered by DOER, because DOER has not yet modeled or assessed the likely emissions impacts of its proposed action. At the very least, DOER should take this opportunity to further extend the rulemaking process to comprehensively assess and model through a transparent, iterative public process both the effect of further biomass subsidies on electric market demand for biomass energy and the likely short- and long-term emissions impacts of each of its proposed changes against an accurate baseline. It is critically important for 11 MANOMET CTR. FOR CONSERVATION SCIENCES, BIOMASS SUSTAINABILITY AND CARBON POLICY STUDY 7 (June 2010), available at https://www.manomet.org/wp-content/uploads/old- files/Manomet_Biomass_Report_Full_June2010.pdf (“MANOMET STUDY”). 12 See, e.g., Philip Duffy, Woods Hold Research Ctr., Burning wood for energy is not “carbon neutral” (Apr. 25, 2018), https://whrc.org/burning-wood-for-energy-is-not-carbon-neutral/. 13 MANOMET STUDY at 8. 14 See, e.g., Naeher, L.P., Brauer, M., Lipsett, M., Zelikoff, J.T., Simpson, C.D., Koenig, J.Q. & Smith, K.R., Woodsmoke health effects: a review, Inhalation Toxicology 67-106 (2007). 5 the Commonwealth to have an accurate understanding of the actual greenhouse gas emissions impacts of each of the Proposed Amendments in isolation and in combination, because finalizing any rule that would result in an emissions increase would likely conflict with the Commonwealth’s legal frameworks for reducing emissions in both the near and long terms—a course that would benefit neither DOER nor the Commonwealth’s ability to rapidly decarbonize its electric sector in the face of an ever more urgent climate emergency. First, to the extent the Proposed Amendments could lead to an increase in greenhouse gas emissions, they would run counter to the Commonwealth’s obligation to “attain actual, measurable, and permanent emissions reductions” under the GWSA. Kain v. Department of Envtl. Prot., 474 Mass. 278, 300 (2016). The GWSA “is designed to make Massachusetts a national, and even international, leader in the efforts to reduce the greenhouse gas emissions that cause climate change.” New England Power Generators Ass’n, Inc., 480 Mass. at 399. The statute accordingly requires the Commonwealth and its agencies to reduce statewide greenhouse gas emissions by at least eighty percent below 1990 levels by 2050 and to meet interim declining limits every decade along the way to maximize the Commonwealth’s ability to meet the 2050 target. G.L. c. 21N, § 3(b); see also id. § 6 (“In implementing its plan for statewide greenhouse gas emissions limits, the commonwealth and its agencies shall promulgate regulations that reduce energy use, increase efficiency and encourage renewable sources of energy in the sectors of energy generation, buildings and transportation.” (emphases added)). And, pursuant to that mandate, the Secretary of EEA has directed that Massachusetts reduce statewide greenhouse gas emissions by at least twenty-five percent below 1990 levels by 2020.15 DOER’s RPS program is a key component of the Commonwealth’s efforts to meet the GWSA’s interim and 2050 limits by incentivizing renewable energy sources while phasing out dirtier fuel. Indeed, it is important not only as a climate policy in its own right but also as a foundation for EEA and DEP’s implementation of the GWSA through its Cap and CES Regulations and DEP’s regulations of other sources of emissions. See id. § 3(c)-(d); 310 C.M.R. §§ 7.72-7.75 & 60.05-60.06. If the Proposed Amendments would, by expanding subsidies for biomass energy, increase greenhouse gas emissions, the RPS program would be inconsistent with the GWSA’s near- and long-term emissions-reduction mandates and its core “anti-backsliding” purpose.16 Second, to the extent the Proposed Amendments would increase greenhouse gas emissions, they may be in significant tension with the RPS statute. In particular, the statute requires that qualifying renewable energy generating sources include only those biomass facilities that use “low emission advanced biomass power conversion technologies.” G.L. c. 25A, §§ 11F(b)(8), (c)(7), and (d)(8). If DOER weakens its existing biomass eligibility and 15 See generally Secretary of Energy and Envtl. Affs., 2015 Update of the Clean Energy and Climate Plan for 2020 (Dec. 31, 2015), available at https://www.mass.gov/files/documents/2017/12/06/Clean%20Energy%20and%20Climate%20Plan%20for%202020. pdf. 16 See G.L. c. 21N, § 3(b), (d) (requiring adoption of declining statewide emissions limits and declining source category emissions limits, respectively); Kain, 474 Mass. at 287 (noting GWSA’s “central purpose” is “reducing emissions in the Commonwealth”); see also Sierra Club v. Ruckelshaus, 344 F. Supp. 253, 256 (D.D.C. 1972) (interpreting Federal Clean Air Act’s purpose to prohibit degradation of existing air ambient air quality), aff’d sub nom. Fri v. Sierra Club, 412 U.S. 541 (1973). 6 efficiency requirements, its regulations may exceed the scope of their enabling legislation and newly eligible facilities may no longer actually qualify as “low emission” and “advanced” within the meaning of the statute. Third, DOER has not fully explained its rationale for or the impact of many of the changes in the Proposed Amendments. For example, DOER has not explained why “align[ing]” the RPS requirements with Alternative Energy Portfolio Standard requirements or “simplify[ing] and streamlin[ing]” the regulatory requirements is important or preferable notwithstanding potential emissions increases.17 Additionally, as set forth above, DOER has not yet completed any rigorous assessment of the energy market and greenhouse gas emissions impacts associated with the Proposed Amendments, including any analysis of whether the proposed changes would affect Massachusetts’ ability to achieve its statutory emission-reduction mandates. In this regard, EEA and DEP’s recently promulgated Cap and CES Regulations may serve as a useful guidepost. Before finalizing those rules, EEA and DEP compiled an extensive rulemaking record and commissioned an independent analysis of the electricity bill and greenhouse gas emissions impacts of the regulations 18—analyses on which the Supreme Judicial Court relied in upholding the regulations. See New England Power Generators Ass’n, Inc., 480 Mass. at 408- 10. The AGO urges DOER to conduct a similarly robust assessment—informed by public input and review—to ensure any final amendments comport with the GWSA, the RPS statute, and the Commonwealth’s nation-leading emissions-reduction and public health goals. Specific Recommendations – 225 C.M.R. §§ 14.00 et seq., and 15.00 et seq. As the above discussion makes clear, it is critical that any changes to DOER’s RPS regulations do not increase greenhouse gas emissions. The AGO appreciates that DOER’s Proposed Amendments in some respects appear to tighten the regulations and potentially strengthen eligibility requirements for RPS Class I and II Renewable Generation Units.19 But multiple proposed changes appear to relax regulatory requirements and efficiency standards and may, for example, allow units with increased greenhouse gas emissions to qualify for Renewable Energy Credits or to receive more Renewable Energy Credits per megawatt hour of generation, thus potentially increasing emissions overall. The AGO is particularly concerned about the following proposed changes and urges DOER to carefully assess and explain their impact before finalizing any rule: 17 DOER Memorandum to RPS/APS Stakeholders, available at https://www.mass.gov/files/documents/2019/05/15/RPS%20and%20APS%20Stakeholder%20Announcement.pdf. 18 EEA and DEP Response to Comments on 310 C.M.R. §§ 7.74-.75 (Aug. 2017), available at https://www.mass.gov/files/documents/2017/08/zo/3drtc-electricity.pdf; Synapse Energy Economics Inc., Analysis of Massachusetts Electricity Sector Regulations: Electricity Bill and CO2 Emissions Impacts (Aug. 2017), available at https://www.mass.gov/files/documents/2017/08/zw/3dapp-study.pdf. 19 See, e.g., Proposed 225 C.M.R. § 14.02 (defining eligible biomass woody fuel to include trees incapable of yielding an eight-foot, rather than a twelve-foot, saw log; eliminating current eligibility for yard waste and trees cut during non-agricultural land use change); id. § 14.05(8)(f) (replacing five-year probationary period with one-year period followed by revocation of Statement of Qualification if compliance not achieved; eliminating facilities’ ability to pay DOER to retain Statement of Qualification in lieu of compliance). 7 • Adding “Eligible Biogas Fuel,” 225 C.M.R. §§ 14.02, 15.02: The AGO urges DOER to specifically list the types of biogas that would be eligible under this definition beyond the currently eligible anaerobic digester gas and derivative biogases. • Expanding “Eligible Biomass Woody Fuel,” 225 C.M.R. §§ 14.02, 15.02: o The AGO is concerned that DOER’s proposed addition of trees collaterally damaged during harvesting and entire trees and portions of trees harvested during rare species restoration and management could significantly expand the pool of eligible forest-derived residues, threatening to increase net greenhouse gas emissions from related energy production. o The AGO further urges DOER to retain the clear limitation that an injurious agent be a “major” threat to forest health or risk to private or public resources to render trees damaged by that agent eligible forest salvage. This qualifier is particularly important to ensure that the increased risks to forest health from climate change— like insect infestations—do not drastically expand the pool of available forest salvage fuel. o Additionally, adding agricultural wood waste (including whole trees) and post- consumer wood, as well as eliminating the concrete list of eligible forest products industry residues in favor of a general, vague definition, would increase the pool of eligible non-forest derived residues with new fuels that, again, could increase net greenhouse gas emissions. o Importantly, the Proposed Amendments’ expansion of forest salvage and non- forest derived residues is particularly concerning in light of DOER’s proposal to altogether eliminate the efficiency requirement for facilities burning such materials, as discussed below. See 225 C.M.R. § 14.05(1)7.c., (8)(b)1.-2. As the chief author of the Manomet Study explained in his comments on this rulemaking, the Manomet Study did not assess the complex question of how burning forest salvage will affect greenhouse gas emissions. 20 And DOER has not assessed how much wood might qualify as eligible salvage. DOER must fully understand these issues before finalizing the Proposed Amendments. • Deleting definition of “Dedicated Energy Crops,” 225 C.M.R. §§ 14.02, 15.02: Deletion of the limitation that wood purposefully grown to produce fuel may not be grown on land that sequestered significant amounts of carbon, such as a forest, could result in deforestation of valuable carbon-rich lands, particularly in light of the vague sustainable forestry management standards and reduced efficiency standards discussed below. • Amending definition of “Eligible Liquid Biofuel,” 225 C.M.R. §§ 14.02, 15.02: o The AGO urges DOER to clarify that it intends to incorporate only the Federal Clean Air Act’s definition of advanced biofuels, 42 U.S.C. § 7545(o)(1)(B) (requiring 50% reduction in lifecycle greenhouse gas emissions from a 2005 baseline), and not to incorporate any other EPA standards for such fuels, EPA accounting methods, or EPA determinations that specific fuels so qualify. o The AGO also urges DOER to (1) retain the requirement that DOER consult with EEA and DEP in determining whether fuels meet that definition in light of EEA and DEP’s expertise and statutorily mandated role in designing and implementing 20 Comments of Thomas H. Walker, Consulting Resource Economist, on DOER RPS Class I & II Rulemaking 2-3 (June 4, 2019). 8 the Commonwealth’s emissions-reduction policies, G.L. c. 21N, §§ 2-5; and (2) retain the requirement that DEP determine whether hazardous waste may be used as eligible fuel, again given DEP’s expertise and statutory role in regulating such materials, G.L. c. 21C, § 4. o Finally, the AGO is also concerned that deletion of the limitations on derivative waste feedstocks could increase the available pool of eligible fuels. • Deleting definition of “Lifecycle Greenhouse Gas Emissions,” 225 C.M.R. §§ 14.02, 15.02: The AGO urges DOER to retain the existing definition of “Lifecycle Greenhouse Gas Emissions” to provide clarity within the regulation itself on what such emissions must include and to retain the requirement that DOER consult with DEP—again, as an expert agency in emissions impacts—in determining lifecycle emissions. • Expanding definition of “Useful Thermal Energy,” 225 C.M.R. §§ 14.02, 15.02: DOER should clarify that a facility is not permitted to count energy used to dry biomass fuel as useful thermal energy—whether the produced fuel is then used at that same generating unit or at any other unit. • Deleting air permit compliance requirement, 225 C.M.R. § 14.05(1)(a)7.: To ensure the RPS program does not subsidize environmental harm in the Commonwealth, DOER should retain in the Class I regulations the requirement that certain generating units affirmatively demonstrate not only that they have obtained—but also that they have complied with—air permits to qualify as an RPS Class I Renewable Generation Unit. • Lengthening timeframe for calculating lifecycle greenhouse gas emissions, 225 C.M.R. §§ 14.05(1)(a)7.d., 15.05(1)(a)7.d.: The AGO strongly urges DOER to abandon its proposal to extend from twenty to thirty years the period for evaluating the reduction of lifecycle greenhouse gas emissions as compared to a new natural gas combined cycle unit. Such extension could inflate the offsetting benefits from forest regrowth and the foregone carbon emissions resulting from decomposition over the longer period, potentially making biomass energy appear more efficient overall. Additionally, extending the timeframe would contradict recent science confirming the need to reduce emissions in the very near term. • Calculating Lifecycle Greenhouse Gas Emissions, Draft Guideline on Overall Efficiency and Lifecycle Greenhouse Gas Analysis: DOER’s Draft Guideline on Overall Efficiency and Lifecycle Greenhouse Gas Analysis likewise appears to overestimate the efficiency of biomass energy by calculating the emissions associated with burning biomass fuel based on a single year of emissions rather than the cumulative emissions over the full revised thirty-year period. Instead, as the chief author of the Manomet Study explained in his comments on this rulemaking, the calculation of lifecycle greenhouse gas emissions should assess the actual future levels of greenhouse gases in the atmosphere, including the continued release and build-up of emissions in the atmosphere over the full twenty- or thirty-year period at the same time that it assesses reabsorption over that period.21 • Reducing and eliminating efficiency requirements, 225 C.M.R. §§ 14.05(1)(a)7.c., 14.05(8)(b)1.-2., 15.05(1)(a)8.c., 15.05(5)(b)1.-2.: The AGO strongly urges DOER to abandon its proposal to reduce the Class I eligibility efficiency requirement from 60% to 50% for units that have 5% or more fuel sourced from forest-derived residues and forest- 21 See id. at 2-3. 9 derived thinnings and to altogether eliminate any efficiency requirement for Class I or II units that utilize fuel that has over 95% of its fuel sourced from forest salvage and non- forest derived residues. As noted above, this proposed change is particularly troubling in light of the Proposed Amendments’ significant increase in the pools of such eligible fuels—including the potentially massive additional forest salvage that may result from climate change—and the poorly understood emissions impacts of burning such materials.22 DOER’s proposed efficiency requirements would plainly relax the emissions standards applicable to RPS Class I or II Renewable Generation Units and be a step in the wrong direction for the Commonwealth. • Incorporating vague sustainable forestry provisions, 225 C.M.R. §§ 14.02, 14.05(8)(a), 15.02, 15.05(5)(a): While DOER’s sustainable forestry management provisions reflect important concerns like conservation of biological diversity and maintenance of forest contributions to global carbon cycles, they appear to lack any enforceable detail. The AGO urges DOER to revisit the definition of “Sustainable Forestry Management” in consultation with EEA, DEP, and the Division of Fisheries and Wildlife to add concrete, measurable requirements for forest management for each listed criterion. • Reducing oversight, 225 C.M.R. §§ 14.05(8), 15.05(5): The Proposed Amendments would appear to eliminate the advisory panel consisting of representatives of EEA and DEP, among others, to monitor processes for verification of compliance with the regulations and to report on the success of DOER’s verification and enforcement. The Proposed Amendments also appear to eliminate the requirements that DOER’s forest impact assessment evaluate the appropriateness and accuracy of greenhouse gas accounting and that its report be provided to EEA and the public by a date certain. The AGO urges DOER to retain these important provisions to ensure agency and public oversight and accurate accounting of the regulations’ emissions impacts. 22 See id. at 4. 10 Conclusion As the Supreme Judicial Court recently emphasized, Massachusetts climate policy “is designed to go well beyond business as usual in terms of reducing emissions: to upend, rather than to uphold, the status quo.” New England Power Generators Ass’n, Inc., 480 Mass. at 406. Incentivizing additional forest biomass energy production would be a step backward, not forward, in this effort. The AGO looks forward to further productive dialogue with DOER toward addressing climate change and securing a clean energy future for the Commonwealth. Respectfully submitted, OFFICE OF ATTORNEY GENERAL MAURA HEALEY Melissa Hoffer Chief, Energy and Environment Bureau Christophe Courchesne Chief, Environmental Protection Division Rebecca Tepper Chief, Energy and Telecommunications Division and Office of Ratepayer Advocate Turner Smith Assistant Attorney General Environmental Protection Division February 2, 2021 Tuesday Overview of Meeting Dockser 7:00 Covid-19 Response Command 7:05 Liaison Reports Board 7:10 Public Comment Board 7:15 Outdoor Dining - Placeholder for Tier II applications (if needed) Schaeffer 7:30 Birch Meadow Master Plan Update Recreation & Consultant 7:40 Open Space Plan Update (Feb 1st public meeting) Conservation & Consultant 8:00 Maillet Land update Conservation 8:20 Discuss Draft DPW Protocols - Tree Safety within Conservation Jurisdictional Areas Kinsella 8:40 Town Manager Goals Update LeLacheur 9:00 Approve Meeting Minutes Board 9:30 Future Meeting Agenda Topics Dockser February 16, 2021 Tuesday Overview of Meeting Dockser 7:00 Covid-19 Response Command 7:05 Liaison Reports Board 7:10 Public Comment Board 7:15 Outdoor Dining - Placeholder for Tier II applications (if needed) Schaeffer 7:30 Walker's Brook Drive: Corridors & Intersections Delios 7:40 8:30 Approve Meeting Minutes Board Future Meeting Agenda Topics Dockser February 24, 2021 FINCOM Budget Meeting Wednesday March 2, 2021 Tuesday Overview of Meeting Dockser 7:00 Covid-19 Response Command 7:05 Liaison Reports Board 7:10 Public Comment Board 7:15 Outdoor Dining - Placeholder for Tier II applications (if needed) Schaeffer 7:30 HEARING Vote to Approve Verizon cable TV contract Kraunelis 7:40 Appoint Town Accountant (deadline 3/31)Board 8:00 Town Accountant Quarterly Update Angstrom 8:05 MassDOT - Update on Main Street Road Diet 8:30 Vote to close Warrant - Local election & state primary Board 9:30 Vote to close Warrant - Annual Town Meeting Board 9:35 9:40 Approve Meeting Minutes Board Approve Meeting Minutes Board Future Meeting Agenda Topics Dockser March 3, 2021 FINCOM Budget Meeting Wednesday March 10, 2021 FINCOM Budget Meeting Wednesday March 17, 2021 FINCOM Budget Meeting Wednesday March 23, 2021 Tuesday Overview of Meeting Dockser 7:00 Covid-19 Response Command 7:05 Liaison Reports Board 7:10 Public Comment Board 7:15 Review Town Personnel Policy and SB Policies: Article 6 Personnel Related Policies Donahue 7:30 8:15 Approve Meeting Minutes Board Future Meeting Agenda Topics Dockser April 6, 2021 Local Elections Tuesday April 20, 2021 Tuesday Select Board Vote to Reorganize 7:00 April 26, 2021 Annual Town Meeting I Monday April 29, 2021 Annual Town Meeting II Thursday May 3, 2021 Annual Town Meeting III Monday May 4, 2021 Tuesday May 6, 2021 Annual Town Meeting IV Thursday 1 Saunders, Caitlin From:LeLacheur, Bob Sent:Thursday, January 14, 2021 6:44 PM To:Saunders, Caitlin Subject:FW: Communication Policies — RFI this can go in the next SB packet From: Bacci, Carlo Sent: Thursday, January 14, 2021 5:53 PM To: Walt Tuvell; Bacci, Carlo Cc: LeLacheur, Bob Subject: RE: Communication Policies — RFI Hello, Thanks for your email and reaching out to the Select Board. Your >> comments will become public record and will be published in the >> packet for the next board meeting. We appreciate your thoughts and >> concerns and will address them if it is part of the agenda. >> We are doing doing the best we can during this Covid-19 virus to >> address all concerns of residents. > Thank you, >> >> Carlo Bacci >> Select Board Secretary Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Walt Tuvell <walt.tuvell@gmail.com> Date: 1/14/21 4:03 PM (GMT-05:00) To: "Bacci, Carlo" <carlo.bacci@ci.reading.ma.us>, "Herrick, Karen" <karen.herrick@ci.reading.ma.us>, "Alvarado, Vanessa" <vanessa.alvarado@ci.reading.ma.us>, "Dockser, Mark" <mark.dockser@ci.reading.ma.us>, "Landry, Anne" <anne.landry@ci.reading.ma.us> Subject: Communication Policies — RFI Hello, Reading MA Select Board — I read with great interest the lead article in yesterday's Chronicle (Jan 13, 2021), regarding the SB work item concerning Communication Policies (§1.4.1 of Operating Procedures https://www.readingma.gov/sites/g/files/vyhlif1116/f/uploads/article_1_- _operating_procedures_final_clean.pdf). That article was the first I've heard about this subject. Can you 2 please point me to the appropriate documentation and/or other resources where I can learn more about it? I note that, heretofore, I have not been seriously involved in town affairs (though I'm currently in the process of trying to rectify that situation). In particular, I am not plugged-in to how I should be going about finding various information, such as what I'm now seeking — which is why I am writing you this very RFI (request for information) letter. Therefore, please forgive me if I'm now writing about "things that are well-known to those who know such thing well." Nevertheless, while bearing that in mind, here are some initial (no doubt under-informed) observations I'd like to share:  I visited the town website (https://ReadingMA.gov), and used its "search" tool for "communications policy." I found nothing that seemed to be remotely relevant to my current query. The Chronicle article mentions last week's SB meeting, but the minutes aren't posted on the town website yet (insofar as I can find). Which is why I'm now writing you this RFI. o That is, I think, a failure. It should be easier for me to find important information (important enough to be a front-page lead article in the town newspaper!) more easily. o The Chronicle article says the issue has been undergoing consideration for more than a year, so I'd expect something to be posted on the town's website, in a findable place.  But in order to formulate this RFI, I wanted to query all relevant parties (8 in total) simultaneously (in a single email). I was able to find the individual email addrs (pubic, not private) of the 5 SB members (at https://www.readingma.gov/select-board), so that's why you're the direct addressees of this email. However, I was not able to find the email addrs of 3 others (R. LaLacheur, L. Gemme, C. Saunders) — for them, all I could find was individual "web mail forms." Therefore, I'm sending to them separately. o That also seems like a failure. It should be possible for me to send to all relevant addresses simultaneously, instead of piece-meal like this. That cannot be done using the web email forms on the website.  Finally (for now), I ask why you're restricting your attention only to email, as opposed to more suitable communications mechanisms? I'm thinking, of course, of the kind of a dedicated communications website (as opposed to mere "document dump," as most of the town's current website sees to be)? o This isn't intended to be a "slime," since email and doc-dumps were the only things available, probably, when the town previously visited these things. o Example of "doc-dump" failure: The versions of Operation Procedures cited above appear to be the current one, but when I search the town's website for "operating procedures," the first hit I get is https://www.readingma.gov/sites/g/files/vyhlif1116/f/file/file/bos_policy_article1_- _operating_procedures.pdf, which appears to be out of date. o Yes, the Chronicle article does make a passing reference to "social media policy," but it's minimal ("on hold for now"), and it's now past time you could be addressing things such as this, don't you think? SB Policy §1.4.1 was last visited/revised in 2007! o Yes, I understand Open Meeting Law can get in the way, but c'mon, really??  As you probably know, I've been working on a website (totally independently of the SB's Comms Policy work, which I was unaware of) that tries to address some of these problems: https://ReadingMA.us. There, I've opened up a "forum topic" regarding this SB Comms Policy work (https://ReadingMA.us/ForumSpace/Category:TownAffairs/Forum:SelectBoard/Topic:Communi cationsPolicies), and this email will be posted there (in a "comment") immediately after I send it. 3 o My website has gotten some interest/attention, but only minimal traction (actual usage) so far, but that's to be expected of course. Thank you in advance. — Walter Tuvell, 836 Main St. 1 Saunders, Caitlin From:National Civic League <ncl@ncl.org> Sent:Friday, January 15, 2021 12:42 PM To:Reading - Selectboard Subject:Inauguration Day Dialogue - Working Towards a More Perfect Union To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Inauguration Day Dialogue - Working Towards a More Perfect Union Join the National Civic League and Well Being In the Nation (WIN) Network for a dialogue about how we work toward a more perfect union. Wednesday, January 20th at 11am PT/12pm MT/1pm CT/2pm ET Register Now Dialogue Description On this historic Inauguration Day, we invite you to engage in a deep dialogue about how we might work toward a more perfect union, based on a foundation of truth and reconciliation about the relationship between racism and democracy. Dialogues will be facilitated by Estrus Tucker and Monte Roulier. Agenda:  Welcome and reflection  Conversation on race and democracy  Conversation on rebuilding our civic commons National Civic League | 190 E. 9th, Suite 200, Denver, CO 80203 Unsubscribe selectmen@ci.reading.ma.us Update Profile | About our service provider Sent by ncl@ncl.org powered by To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Trusted Email from Constant Contact - Try it FREE today. 2 Try email marketing for free today! 1 Saunders, Caitlin From:DLS Alerts <dls_alerts@dor.state.ma.us> Sent:Friday, January 15, 2021 12:48 PM To:Reading - Selectboard Subject:DLS Alert: Eviction Diversion Initiative To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Eviction Diversion Initiative Department of Housing and Community Development The Department of Housing and Community Development wishes to share some important updates to the Governor’s Eviction Diversion Initiative and ask that you share widely with your colleagues in community development and affordable housing. In the last six weeks, the Department of Housing and Community Development (DHCD) has made several important changes to the program, including:  Creating an application process for landlords, who own up to 20 units in Massachusetts, to apply directly for RAFT/ERMA on behalf of tenants. More information here.  DHCD has increased the maximum benefit for all RAFT/ERMA eligible households to $10,000.  DHCD removed all sustainability requirements, including the recent rule that a landlord had to commit to preserving tenancy for 6 months to access more than $4,000 in RAFT.  NEW free legal services are available to eligible tenants and low-income landlords in owner- occupied 2-3 family homes through the Covid Eviction Legal Help Program (CELHP). More information available here.  NEW free community mediation services for eligible tenants and landlords who need help in reaching agreements that work for both of them. More information available here. We encourage you to share this information widely. For questions, please contact Ryan Ambrose at ryan.ambrose@mass.gov. You are receiving this message through the Massachusetts Department of Revenue's Division of Local Services DLS Alerts system. These periodic notices include our City & Town e-newsletter, IGRs, Bulletins, Cherry Sheets and other municipal finance-related information. To unsubscribe to DLS Alerts and the City & Town e-newsletter, please email dls_alerts@dor.state.ma.us. 2 This email was sent to selectmen@ci.reading.ma.us why did I get this? unsubscribe from this list update subscription preferences Massachusetts Department of Revenue - Division of Local Services · 100 Cambridge Street · Boston, MA 02114 · USA 1 Saunders, Caitlin From:MWRA Advisory Board <James.Guiod@MWRAAdvisoryBoard.com> Sent:Friday, January 15, 2021 1:59 PM To:Reading - Selectboard Subject:January 2021 Advisory Board Meeting To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. January 2021 MWRA Advisory Board Meeting The next meeting of the Advisory Board will be held on Thursday, January 21, 2021, at 10:00 AM remotely via GoToMeeting. The meeting will include a presentation from MWRA Tunnel Redundancy Director, Kathy Murtagh, on the status of the Metropolitan Tunnel Redundancy Project. Click here to access the meeting packet Visit web site 2 Connect with us! MWRA Advisory Board | 617-788-2050 | mwra.ab@mwraadvisoryboard.com This email was sent to selectmen@ci.reading.ma.us why did I get this? unsubscribe from this list update subscription preferences MWRA Advisory Board · 100 1st Ave Bldg 39 · 4th Floor · Boston, MA 02129-2043 · USA 1 Saunders, Caitlin From:Burns, Greg Sent:Friday, January 15, 2021 3:59 PM To:Delios, Jean; Jackson, Paul; Kraunelis, Matthew; LeLacheur, Bob; Martel, Justin; Paul Guarino (pfguarino@comcast.net); Reading - All Fire Department; Reading - Police Dispatchers; Reading - Selectboard Subject:Reading Fire Department's Weekly Notes Weekly Notes January 15, 2021 1. Thank you to all personnel who have assisted with the COVID-19 vaccinations this week and received a vaccine this week! Assistant Chief Jackson, Captain Nelson, Lieutenant Pouliot, EMS Coordinator Lapolla and EMS Liaison Dyer were heavily involved in the success of this project. 2. We have moved the Health Department refrigerator to Assistant Chief Jackson’s office to allow two daily checks of the medication storage. This is temporary move and will end when we no longer need to store COVID-19 vaccinations. The unit is set for a low temperature of 38 degrees F and for a maximum of 42 degrees F. There is an alarm set to activate at 35 degrees and 45 degrees. We request a paramedic check the unit on weekends and holidays at approximately 0730 hours after the morning truck check and at 1700 hours and fill in the date, time and temperature in the log book on top of the unit. If this unit fails the medication must be moved to the refrigerator in the spare ambulance and notify the Chiefs. 3. The North Reading Ladder Truck is out of service. North Reading Fire Department may request our Ladder Truck to respond if needed. 4. New boots have an arrived for all personnel. If your boots do not fit properly please notify Captain Nelson and do not use them. 5. The Fire Alarm truck is in and we have set up appointments for lettering and radio installation. Chief Gregory J. Burns Reading Fire Department 757 Main Street Reading, MA 01867 (P) 781.944.3132 (F) 781.942.9114 www.readingma.gov 1 Saunders, Caitlin From:cmsmailer@civicplus.com on behalf of Contact form at Reading MA <cmsmailer@civicplus.com> Sent:Sunday, January 17, 2021 3:05 PM To:Reading - Selectboard Subject:[Reading MA] Industrial Composting of Food Waste (Sent by Louise Ward, louiseward27 @hotmail.com) Attachments:gs_bec_composting_projectionspdf.pdf Hello Select Board, Louise Ward (louiseward27@hotmail.com) has sent you a message via your contact form (https://www.readingma.gov/user/475/contact) at Reading MA. If you don't want to receive such e-mails, you can change your settings at https://www.readingma.gov/user/475/edit. Message: Dear Select Board Members and Director Kinsella, We are writing as members of the Composting Team, part of the Green Sanctuary Committee of the Unitarian Universalist Church of Reading. The Composting Team has been very active over the past year. Our primary mission has been to provide grassroots education to Reading residents about the benefits of food-waste composting and to encourage them to consider curbside pickup of their food waste. With this outreach, 170 households in Reading now subscribe to a pickup service; our initial goal is 300 subscribers, at which point the subscription cost will go down for all Reading residents. Here is a link to an April 2019 Boston Globe article on benefits of food-waste composting and specifically curbside pickup programs. http://realestate.boston.com/news/2019/04/17/push-curbside-composting-programs/ To save the earth, and cash, the push for curbside composting - Boston.com Real Estate You may think of compost as brown muck or, if you’re an avid gardener, “black gold.’’ But it’s also something of a silver bullet — with the potential to save both money and the environment. realestate.boston.com We believe Reading can reduce money spent on garbage removal by diverting tonnage of food waste from the general waste stream into industrial-level composting with curbside pickup. We have put together some figures based on our targets and the current JRM contract that show the savings possible for the Town of Reading in reduced tipping fees, as heavy food waste is removed from the municipal trash stream The figures are based on Black Earth Compost’s (BEC’s) estimate that 11.41 pounds of food waste are generated by each subscribing household per week. We would welcome the chance to meet with you to (1) present the municipal and environmental benefits of food-waste composting and (2) outline and discuss ideas for wider participation in a curbside program. A simple first step, for instance, could be to put a note on the spring recycling events flyer, encouraging residents to subscribe to curbside pickup of food waste via Black Earth Compost. Thank you for your attention and feel free to contact us with any questions. 2 Sincerely, Anne Mark Louise Ward 1 Saunders, Caitlin From:Jackie McCarthy <j.r.e.mccarthy@gmail.com> Sent:Monday, January 18, 2021 3:17 PM To:Saunders, Caitlin Cc:mark delaney; Reading - Selectboard Subject:Speaking at Jan. 19 Select Board meeting Hello, We would like to speak during the public comment portion of the Jan. 19 Select Board meeting. Thank you, Mark Delaney and Jackie McCarthy 26 Beacon Street 1 Saunders, Caitlin From:Walt Tuvell <walt.tuvell@gmail.com> Sent:Monday, January 18, 2021 4:28 PM To:Reading - Selectboard; j.r.e.mccarthy@gmail.com; anndillaway@hotmail.com; davedillaway@hotmail.com; baystatescubaschool@gmail.com; jamie.diclemente@gmail.com; hayes_associates@yahoo.com; bethanntowsley@yahoo.com; forbes1997@aol.com; 13award13@gmail.com; readingbobc@gmail.com; info@galanteinsurance.com; Carolyn Whiting; mplacey89 @gmail.com; bateyc3@yahoo.com; jpmartel@gmail.com; dmpenney@gmail.com; jdasilva12285@gmail.com; carolynreopel.okeefe@gmail.com; joanna.moulton@outlook.com; goodhuewhitney@gmail.com; jenriley@gmail.com; hkemery3@gmail.com; pjmorje@yahoo.com; vpmorje@yahoo.com; annamolettieri19 @gmail.com; gmolettieri@gmail.com; bucketlist23@comcast.net; llcooltique@gmail.com; nickersonfamily@verizon.net; lizwitham11@gmail.com; michelle.a.ferraro@gmail.com Subject:Re: Select Board & Cell Tower: Failure to communicate Attachments:Re__Select_Board___Cell_Tower__Failure_to_communicate.pdf; Select_Board___Cell_Tower__Failure_to_communicate.pdf Hello (again), Everybody — This is another follow-up to the note I sent to this same set of recipients back on Oct 22, 2020, with a follow-up on Oct 24 (both attached hereto). Today (Jan 18, 2021) I've been looking at the Select Board Packet for its meeting tomorrow (https://www.readingma.gov/sites/g/files/vyhlif1116/f/agendas/2021-01-19_sb_packet.pdf ), and I observed an action item involving electronic media communications concerning the Cell Tower issue (quoted below). Therefore, I wrote the email included inline below to the SB, suggesting to use my website for this purpose. My suggestion may or may not have merit, and it would be good to discuss that, which is why I'm writing this note to all of you. BTW, I'd prefer to do this on the website itself, but that's not feasible at this moment, for obvious reasons. So please feel free to contact me via email, collectively or individually, to discuss. Just trying to help out here. Cheers to all! — Walt ************************************************************************ Hello SB — I've been perusing the Jan 19 SB packet (https://www.readingma.gov/sites/g/files/vyhlif1116/f/agendas/2021-01- 19_sb_packet.pdf) today, and noticed the following passage regarding communications: 2 I have a suggestion: Use my website. There's already a "forum topic" set up for the Cell Tower issue, at https://readingma.us/ForumSpace/Category%3ATownAffairs/Forum%3ASelectBoard/Topic%3ACellTower (where "#3A" is simply the web-safe URL hex-encoding for the colon character, ":"). That way, you'd have automatic multi-dimensional all-to-all immediate communications amongst all principals, on all sides of the issue (including residents). How difficult is it to set this up? Easy: The only thing participants need to do is create an account for themselves, so that they're authorized to use the forum/topic/comment communications facilities on the site. Accounts are of course need to avoid spamming. Creating accounts is supported on the website itself, see the home page https://readingma.us/Home, where the following is written (and the "detailed instructions" link there does indeed give very detailed instructions): 3 Alternatively, I could myself create accounts for everyone (using an individually chosen initial password, which they would then change upon first login). For me to do this, everyone would simply have to send me three simple pieces of information:  Name (real-world name, anonymity disallowed to support accountability and avoid spamming)  Email addr (either private or work, doesn't matter, as long as it reaches the person)  Icon/avatar picture (doesn't have to be photo of person, just need to be distinguishing image) I hope you consider this in the context of helpfulness in which it is offered. And too, it could become a "proof-of- concept" for further town/resident participation in town affairs in future. Cheers. PS: If appropriate, I could speak to this proposal at tomorrows SB meeting (assuming I can figure out how to login to it …). — Walt Tuvell, 836 Main St. — https://ReadingMA.us 1 Saunders, Caitlin From:Lisa Egan, Reading-North Reading Chamber of Commerce <legan@rnrchamber.com> Sent:Tuesday, January 19, 2021 7:11 AM To:Reading - Selectboard Subject:PPP Phase 2: Your Questions Answered To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. What is Your Favorite Calendar Tool or App? Calendar.com Select Outlook Select Old Fashioned Paper Planner Select Apple Calendar Select Have another favorite? Reply and we will share the results Select To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Capture Hearts with Your Website: How to Attract, Engage, and Win Over Clients 2 Thursday, January 21th 10 am - 11:15 AM via Zoom If you saw your website at a cocktail party, would you want to get to know it? Or would you slowly inch toward the bathroom? We decide in 1/10th of a second whether a person possesses important traits such as likeability and competence. It takes even less time for someone to decide whether to stay or leave your website. Only after you capture their interest can you begin working to win their hearts. And to do that, you have to get them there in the first place! Presented by Lisa Linard and Jenny Belanger. Member Tickets: $10 Non Member Tickets: $20 Payroll Protection Program: Phase 2 Friday, January 22 10 am - 12 pm via Zoom What's the scoop with the PPP Phase 2? Can you re-apply if you already got money in Phase 1? What if you were declined - should you reapply? Get these answers and more by joining this informational session with the SBA. Co-hosted with the Needham Newton Chamber. Members: Register here Non members: Register here. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Dementia Friendly Training: How to Make Your Business and Team Dementia Friendly To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. 3 Thursday, January 28th 9 - 9:30 AM Networking and Introductions 9:30 - 10:30 Dementia Training Join the global movement to change the way people think, act, and talk about dementia! A dementia friendly business or community organization is committed to supporting clients, customers and employees on how to recognize signs of dementia and how to best support them and their caregivers. This training will begin with networking and introductions from 9 am - 9:30 am. The Dementia training will last 1 hour and provide practical tips for you and your staff to identify and support customers with dementia. This session will share five key messages about living with dementia and the simple things you can do to make a difference in your community. Members: Free tickets Non members: $10 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. The MC: MultiChamber Happy Hour January 27th 3:30 pm - 5pm via Zoom Join us for a MultiChamber networking featuring a tutorial on making a craft cocktail (or mocktail) with Nobility Hill of Stoneham. We will kick off learning from a master mixologist and then expand our networks via breakout rooms and small group introductions. These events have been drawing 50 - 70 people - so it's a great way to expand your network and have some fun via zoom. Member Tickets: $10 Non Member Tickets: $20 4 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Support and Resources for Small Businesses with the SBA February 3rd 9:30 - 10:30 AM via Zoom While many businesses continue to pivot during the pandemic, know that help is available. Join us to hear about the various programs and funding sources available from the SBA and other state agencies. Bring your questions and we will tackle them at this interactive session. Presenters will include: SBA, SCORE, the Center for Women & Enterprise and the Small Business Development Center (SBDC). This event is free, please register in advance to get the zoom link. Member Tickets here. Non Member Tickets: here To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Want to Help? The Chamber is directed by a group of invested volunteers who support our events, programs and initiatives. We invite you to consider getting involved as a fun way to give back and support local businesses and the community. Join an Event Committee Event committees meet for 3 months weekly prior to events. Our major events include Jun 4th: North Reading Town Day, Summer Outdoor Movies and Nov 28th: Holiday Tree Lighting Celebrations. Consider Applying for a Board Seat Board seats are a monthly, 3-year commitment. We have an application 5 process and have several seats open for 2021. Send Lisa an email to learn more and get involved. Chamber Platinum Partners To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Lisa Egan Executive Director Reading-North Reading Chamber of Commerce PO Box 771 Reading, MA 01867 legan@rnrchamber.com www.readingnreadingchamber.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Facebook To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.LinkedIn To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Instagram Reading-North Reading Chamber of Commerce | PO Box 771, Reading, MA 01867 Unsubscribe selectmen@ci.reading.ma.us Update Profile | About our service provider Sent by legan@rnrchamber.com powered by To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Trusted Email from Constant Contact - Try it FREE today. Try email marketing for free today! 1 Saunders, Caitlin From:April <april@peakbusinessfinancing-now.com> Sent:Tuesday, January 19, 2021 11:06 AM To:Reading - Selectboard Subject:Trearsurer // Reach the Peak To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Peak Business (800) 540-2119 Hi Business Owner, Our records show you spoke to one of our partner companies about funding for Trearsurer back in September 2019. We still can still get you guys pre-approved for a line of credit up to $195k. Rates start at 3.9%. If you need any working capital or any business funding now click the link here to find out more about what we can do for Trearsurer. Looking forward to hearing from you soon. Feel free to call me today or apply at the button below. My best, April Moore Account Executive Peak Business Financing (800) 540-2119 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Alternate text Peak Business Financing 980 9th Street Sacramento, CA 95814 < ![endif]--> Get More Info Here 2 Stop All Future Mailings Here To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 1 Saunders, Caitlin From:LeLacheur, Bob Sent:Tuesday, January 19, 2021 10:50 AM To:Reading - Selectboard Subject:FW: Senator Lewis' statement on Palmer Biomass Plant As requested: From: Herrick, Karen Sent: Tuesday, January 19, 2021 10:49 AM To: LeLacheur, Bob <blelacheur@ci.reading.ma.us> Subject: FW: Senator Lewis' statement on Palmer Biomass Plant Good morning Bob, Could you please share with the full Select Board? Thank you, Karen. From: Granoff, Emily (SEN) [Emily.Granoff@masenate.gov] Sent: Tuesday, January 19, 2021 10:01 AM To: Granoff, Emily (SEN) Subject: Senator Lewis' statement on Palmer Biomass Plant Good morning all, Please find below Senator Lewis' statement on RMLD and Palmer Biomass, which he issued this morning. Massachusetts has been, and must continue to be, a national and global leader in urgently combating climate change; replacing dirty fossil fuels with clean, renewable energy as quickly as possible; and building a green economy that creates good new jobs and prioritizes environmental justice and sustainability. I believe that the agreement entered into last year by Reading Municipal Light Department (RMLD) to purchase a substantial amount of power from the proposed Palmer biomass plant in Springfield is wholly inconsistent with these goals for our state. First proposed in 2008, the Palmer plant has been vehemently opposed by the local community and environmental activists. If built, it would be the state's only large-scale biomass plant, and it would burn more than 1,000 tons of wood each day in a city that already has an astronomically high asthma rate and whose population is mostly people of color. It would be a dirty, carbon-emitting plant and an insult to environmental justice. I appreciate that RMLD is strongly committed to making the transition to clean, renewable energy (and, notably, in 2019 installed the largest stand-alone battery energy storage unit in Massachusetts). I hope that RMLD will reconsider its decision to purchase power from the Palmer plant. 2 I will continue to advocate at the state level against any weakening of current regulations that would make large-scale biomass plants like Palmer more financially viable in Massachusetts. As always, please reach out with any questions or feedback you would like to share. We look forward to continuing to work with all of you on this issue. Best regards, Emily Emily Granoff District Director Pronouns: She/her/hers Office of Senator Jason Lewis State House, Room 511B Boston, MA 02133 O: (617) 722-1206 C: (781) 261 0509 Need help or advice during the COVID-19 pandemic? You can find our COVID-19 Resource Guide for Residents here; our COVID-19 Resource Guide for Small Businesses and Non-Profits here; information on Unemployment Assistance here; and our Housing Resource Guide here.