Mass. Gen. Laws ch. 23J, sec. 1 — MA Code / Part I / Title II / Chapter 23J / Section 1
Definitions
Status: in_force

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Affiliate'', any business which directly or indirectly controls or is controlled by or is under direct or indirect common control of another business including, but not limited to, any business with which a business is merged or consolidated, or which purchases all or substantially all of the assets of a business. ''Board'', the board of directors of the center. ''Bonds'', when used in reference to the center, any bonds, notes, debentures, interim certificates or other financial undertakings for the purpose of raising capital, including, but not limited to, lines of credit, forward purchase agreements, investment agreements and other banking or financial arrangements. ''Center'', the Massachusetts clean energy center established by section 2. ''Certified climatetech company'', a climatetech company that has been certified by the center for participation in the climatetech industry tax incentive program established in section 16. [Definition of ''Certified offshore wind company'' effective until July 31, 2032. Deleted by 2022, 179, Sec. 97. See 2022, 179, Sec. 100. For text effective July 31, 2032, see below.]

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

''Affiliate'', any business which directly or indirectly controls or is controlled by or is under direct or indirect common control of another business including, but not limited to, any business with which a business is merged or consolidated, or which purchases all or substantially all of the assets of a business.

''Board'', the board of directors of the center.

''Bonds'', when used in reference to the center, any bonds, notes, debentures, interim certificates or other financial undertakings for the purpose of raising capital, including, but not limited to, lines of credit, forward purchase agreements, investment agreements and other banking or financial arrangements.

''Center'', the Massachusetts clean energy center established by section 2.

''Certified climatetech company'', a climatetech company that has been certified by the center for participation in the climatetech industry tax incentive program established in section 16.

[Definition of ''Certified offshore wind company'' effective until July 31, 2032. Deleted by 2022, 179, Sec. 97. See 2022, 179, Sec. 100. For text effective July 31, 2032, see below.]

''Certified offshore wind company'', an offshore wind company that has been certified by the center for participation in the Massachusetts offshore wind industry investment program and the offshore wind tax incentive program established in section 8A.

[Definition of ''Certified offshore wind company'' as amended by 2022, 179, Sec. 5 effective July 31, 2032. See 2022, 179, Sec. 98. For text effective until July 31, 2032, see above.]

''Certified offshore wind company'', an offshore wind company that has been certified by the center for participation in the Massachusetts offshore wind industry investment program.

''Clean energy'', advanced and applied technologies that significantly reduce or eliminate the use of energy from non-renewable sources including, but not limited to: (i) energy efficiency; (ii) demand response; (iii) energy conservation; (iv) carbon dioxide removal; (v) embodied carbon reduction; or (vi) technologies powered, in whole or in part, by the sun, wind, water, geothermal energy, including networked geothermal and deep geothermal energy, hydrogen produced by non-fossil fuel sources and methods, alcohol, fuel cells, fusion energy, nuclear fission or any other renewable, nondepletable or recyclable fuel; provided, however, that ''clean energy'' shall include an alternative energy generating source as defined in clauses (i) to (vi), inclusive, of subsection (a) of section 11F1/2 of chapter 25A.

''Clean energy research'', advanced and applied research in new clean energy technologies including: (i) solar photovoltaic; (ii) solar thermal; (iii) wind power; (iv) geothermal energy, including networked geothermal and deep geothermal energy; (v) wave and tidal energy; (vi) advanced hydropower; (vii) energy transmission and distribution; (viii) energy storage; (ix) renewable biofuels, including ethanol, biodiesel and advanced biofuels; (x) renewable, biodegradable chemicals; (xi) advanced thermal-to-energy conversion; (xii) fusion energy; (xiii) hydrogen produced by non-fossil fuel sources and methods; (xiv) carbon capture and sequestration; (xv) carbon dioxide removal; (xvi) energy monitoring; (xvii) green building materials and embodied carbon reduction; (xviii) energy efficiency; (xix) energy-efficient lighting; (xx) gasification and conversion of gas to liquid fuels; (xxi) industrial energy efficiency; (xxii) demand-side management; (xxiii) fuel cells; and (xxiv) nuclear fission; provided, however, that ''clean energy research'' shall not include advanced and applied research in coal, oil or natural gas.

''Climatetech'', clean energy and any other advanced and applied technologies that contribute to the decarbonization of the economy, reduce and mitigate greenhouse gas emissions or mitigate the impacts of climate change through adaptation, resiliency and environmental sustainability.

''Climatetech company'', a business corporation, partnership, firm, unincorporated association or other entity engaged in research, development, innovation, manufacturing, deployment or commercialization of climatetech technologies in the commonwealth and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I.

''Climatetech research'', clean energy research and other advanced and applied research in new climatetech technologies.

''Contribution agreement'', an agreement authorized under this chapter in which a private entity or public entity other than the commonwealth agrees to provide to the center contributions for the purpose of promoting clean energy research.

''Director'', the director of the Massachusetts Renewable Energy Trust appointed pursuant to section 2.

''Executive director'', the executive director of the center appointed pursuant to section 2.

''Federal agency'', an office, agency, division, department, board or commission of the United States government.

''Fund'', the Massachusetts Alternative and Clean Energy Investment Trust Fund established in subsection (a) of section 35FF of chapter 10.

''Offshore wind company'', a business corporation, partnership, firm, unincorporated association or other entity engaged in offshore wind development, manufacturing or commercialization in the commonwealth and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I.

''Offshore wind organization'', a non-profit institution, adult and community learning service provider, labor organization, regional employment board, public or private higher education institution, vocational-technical education institution, designated port management agency or entity or other entity engaged in offshore wind development that is not an offshore wind company.

''Person'', a natural or corporate person, including bodies politic and corporate, public departments, offices, agencies, authorities and political subdivisions of the commonwealth, corporations, trusts, societies, associations and partnerships and subordinate instrumentalities of any 1 or more political subdivisions of the commonwealth.

''Public body'', the commonwealth and any body politic and corporate of the commonwealth, including any political subdivision or instrumentality thereof, which is empowered to issue bonds secured by a pledge of revenues or other special funds or assets, including any municipality or district for which the issuance of debt is governed or limited by chapter 44.

''Revenues'', any receipts, fees, rentals or other payments or income received or to be received on account of obligations to the center including, without limitation: equity ownership in public or private companies; income on account of the leasing, mortgaging, sale or other disposition of a project or proceeds of a loan made by the center in connection with any project; and amounts in reserves or held in other funds or accounts established in connection with the issuance of bonds and the proceeds of any investments thereof; proceeds of foreclosure; and any other fees, charges or other income received or receivable by the center.

''Trust fund'', the Massachusetts Renewable Energy Trust Fund established pursuant to section 9.