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14 February 2018

Massachusetts Senate Committee On Global Warming And Climate Change Releases Far-Reaching Draft Legislation

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Yesterday, February 12, 2018, the Massachusetts Senate Committee on Global Warming and Climate Change released a Proposed Draft of legislation staking out an ambitious and far-reaching set of policies across a wide...
United States Environment
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Yesterday, February 12, 2018, the Massachusetts Senate Committee on Global Warming and Climate Change released a Proposed Draft of legislation staking out an ambitious and far-reaching set of policies across a wide range of sectors.

There is a lot in the proposal and we are still reviewing the details, including the differences among mandates, targets, goals and discretionary authority.

For now, here is a high-level summary of the Committee's proposals:

  • Increase the frequency of solicitations for long term contracts for offshore wind power under 83C of the Green Communities Act to every 18 months from every 24 months;
  • Allow solicitations for offshore wind in excess of the existing 1600 MW mandate, with a goal of 5,000 MW of installed capacity by 2035, if DOER demonstrates that such solicitations would ensure compliance with the Global Warming Solutions Act;
  • Allow solicitations for clean energy (e.g. from hydro and RPS Class I renewables) in excess of existing authority if DOER demonstrates that such solicitations would ensure compliance with the Global Warming Solutions Act;
  • Remove net metering caps for solar;
  • Exempt anaerobic digestion from net metering caps;
  • Establish a statewide solar target of 20% by 2020 and 30% by 2030;
  • Establish an energy storage target of 1,766 MW by 2025, with a new 2030 target to be established by 2020, and permit DOER to implement alternative compliance payments as an incentive for procurement, among other policies;
  • Triple the post-2018 rate of increase under the RPS from 1% per year to 3% per year;
  • Require DOER to establish regulations to achieve 100% renewable energy by 2050;
  • Enact "community empowerment" legislation permitting cities and towns to enter into 10 year contracts for renewable energy;
  • Codify a prohibition of electric distribution company ratepayers funding pipeline infrastructure;
  • Make municipal light plants subject to a modified Renewables Portfolio Standard and the Global Warming Solutions Act;
  • Mandate a number of programs related to electric vehicles and charging infrastructure at the Department of Transportation and DOER;
  • Permit DPU to adopt standards that go beyond the Paris Agreement;
  • Postpone until 2020 the implementation of the " monthly minimum reliability contribution" and requires installation of advance metering before customers are to pay such charges;
  • Broaden the scope of global warming policy to apply across transportation, buildings, commercial, industrial and manufacturing sectors;
  • Enhance benefits to affordable housing residents and low income ratepayers;
  • Establish a Green Energy Development Bank, governed by a 7-member board of directors; and
  • Quite a lot else.

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ARTICLE
14 February 2018

Massachusetts Senate Committee On Global Warming And Climate Change Releases Far-Reaching Draft Legislation

United States Environment

Contributor

Foley Hoag provides innovative, strategic legal services to public, private and government clients. We have premier capabilities in the life sciences, healthcare, technology, energy, professional services and private funds fields, and in cross-border disputes. The diverse experiences of our lawyers contribute to the exceptional senior-level service we deliver to clients.
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