The recent climate bill keeps Massachusetts at the forefront of environmental policy and climate action. Here is a timeline of some of the key laws and policies that have been implemented in Massachusetts, followed by a summary of the newest rules and what it means for companies doing business in the Commonwealth:
Global Warming Solutions Act (GWSA)
- The first climate law passed in 2008
- Established the framework for reducing carbon emissions in Massachusetts
- Set the initial goal of reducing emissions by 25% by 2020
An Act to Promote Energy Diversity
- Bill passed in 2016
- Set a target of procuring 1,200 megawatts of offshore wind energy by 2027
- Part of a broader strategy to transition to renewable energy sources
- Set ambitious targets for solar power, with incentives for homeowners, businesses, and municipalities to install solar panels and reduce energy consumption
Transportation Climate Initiative
- Launched with other states in 2020 to reduce transportation-related fossil fuel emissions
- Creates a regional cap-and-invest program that sets limits on the carbon emission produced by the transportation sector
- Funds clean transportation projects such as electric vehicle charging infrastructure, public transit expansion, and greener transportation options
- Set specific goals for electric vehicle adoption and incentives to encourage consumers to make the transition to cleaner vehicles
Next Generation Roadmap for Massachusetts Climate Policy
- Enacted in 2021, the policy builds upon the GWSA
- Sets a new, more ambitious target: a 50% reduction in greenhouse gas (GHG) emissions by 2030
- Aims for 100% clean energy by 2050, with a focus on decarbonizing the transportation, buildings, and energy production sectors
- Emphasizes environmental justice (EJ), seeking to prioritize communities disproportionately affected by climate change and environmental hazards
- Paved the way for new regulations requiring a cumulative impact analysis (CIA) for certain air permits
Act Driving Clean Energy and Offshore Wind
- Signed in 2022, the law provides details for how the state can meet its ambitious GHG targets
- It includes investment in offshore wind, but requires projects show equitable distribution of benefits including projects that make manufacturing investments, provide job opportunities to low income and minority workers and provide job training opportunities among other benefits
- Makes it easier to permit solar projects and provides incentives for these projects
- Addresses the challenges and opportunities associated with energy storage and expansion of the electricity grid
- Targets transportation emissions by banning new combustion vehicle sales after 2035, increasing electric vehicle (EV) credits, adding EV charging stations, and taking steps to greening public transit (e.g., buying zero-emission buses starting in 2030)
- Seeks to address fossil fuel combustion in buildings, incentivizing use of electric appliances, requiring reporting of emissions for larger buildings
- Targets reductions in the use of natural gas
An Act Promoting a Clean Energy Grid, Advancing Equity and Protecting Ratepayers
- Seeks to reform the complex siting and permitting process with changes effective March 2026
- Seeks to consolidate state, regional and local permits into one master permit and sets deadlines for the review, to encourage the development of renewable energy sources and infrastructure such as solar farms, battery storage, and new transmission lines
- Requires state officials to develop a framework that will help municipalities and the Energy Facilities Siting Board (in charge of approving large projects) assess the best location for projects, considering EJ concerns
- Requires early and meaningful public outreach with the community prior to obtaining the necessary permits
- Requires a CIA for large energy projects, which goes beyond traditional environmental assessment and must now take into account a communities’ environmental and health burdens to determine if the project would add to those burdens
- Mandates mitigation, which could be accomplished with a community benefits agreement, and could include contributions to workforce development programs or community improvement programs
Implications of Massachusetts Climate Laws and Policy
While the 2024 Climate Bill seeks to streamline the permitting process for clean energy projects it could cause confusion and delays in the short term.
Despite wanting to reduce the red tape that is currently associated with siting and permitting of large energy projects, the 2024 Climate Bill effectively adds requirements. State officials must develop a framework for municipalities and the EFSB to the best location for projects, considering EJ concerns. What this framework will look like is unclear.
There will be an overlap between the to-be-developed CIA rules and similar rules for air permits. The broad scope of the cumulative analysis requirements, which go beyond traditional environmental assessment that only looked at a project’s impact on air or water quality, could slow projects by making proponents analyze relatively minor pathways for potential impacts. Also, if mitigation is required the negotiation of community agreements and financial compensation adds schedule and cost risk to new projects.
The expanded community outreach requirements are both an opportunity and a hazard. They provide a framework for proponents to constructively engage with neighbors, and that engagement process can identify opportunities to improve a project and can build community support. On the other hand, they give dedicated project opponents new tools to slow the permitting process.
When the dust settles, battery and solar projects are likely to be easier to permit. There are likely to be new hurdles for new fossil projects, and these may be harder to permit. Existing facilities might have a harder time renewing permits or obtaining new permits. It may be harder to develop projects in or near EJ communities. And the Commonwealth may be looking for projects to show creative mitigation strategies for any added environmental impacts.
About the Expert
Sonja Sax, Sc.D, is an environmental health scientist in Epsilon’s Air Quality Group. Dr. Sax specializes in evaluating exposure and health risk from environmental pollutants. She has over 20 years of experience in environmental regulatory assessment, health impact assessment and cost-benefit analyses. She has managed large multi-year projects advocating for clients involved in litigation or providing permitting support. She has performed indoor and outdoor air quality investigations evaluating exposures and health impacts of airborne gases and particles. She also served as a consultant to the US EPA Clean Air Scientific Advisory Committee for the particulate matter and ozone National Ambient Air Quality Standards. More recently she has worked on projects of all sizes conducting Environmental Justice analyses, modeling of air quality impacts and providing guidance to clients on the best approaches for addressing new EJ regulations in multiple states, including Massachusetts and New Jersey.