Massachusetts Regulatory Direction

Susan Bernstein

As of May 14th, the Executive Office of Energy and Environmental Affairs, through its agencies the Department of Environmental Protection (DEP) and the Department of Energy Resources (DOER), was due to have completed its round of Public Information Sessions on the state's Global Warming Solutions Act (GWSA) and the Green Communities Act (GCA). Later in May, a public hearing will be held on the projected year 2020 Business As Usual (BAU) level, as required by the GWSA, which will set an economy-wide green house gas (GHG) reduction target for the state between 10 and 25% below 1990 levels by 2020, with targets for each decade after that moving towards an eventual 80% reduction by 2050. The public comment deadline on the proposed 1990 Baseline and 2020 BAU will occur on June 1st. These two laws, enacted in 2008, are forming the major thrust (along with other recently enacted laws and regulations) for how Massachusetts will steer the policy and funding towards greater energy efficiency, lower energy costs, promote green businesses, a reduction in green house gas emissions, and long term climate change, provide incentives for renewable energy sources, and coordinating the effort to obtain and utilize federal stimulus money to recognize the objectives of these policies. This Green Section of the New England Real Estate Journal has showcased many of the business solutions at work aimed at reducing emissions, promoting the use of renewable sources, reducing energy costs, and saving resources. This column will add to that discussion by focusing on the regulatory directions; laws, policies, programs, and regulations that will help realize these goals.

Susan Bernstein, attorney at law, Waltham, Mass.