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State and Local Climate and Energy Program

Massachusetts

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Energy Efficiency Actions

Building Codes for Energy Efficiency—Commercial Programs

Status: Goes Beyond ECPA

Details: Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008. The law requires the State Board of Building Regulations and Standards to adopt, as its minimum standard, the latest edition of the International Energy Conservation Code as part of the State Building Code. MA State Building Code, based on ASHRAE/IESNA 90.1-1999, 2000 IECC, and additional state-developed amendments, mandatory statewide; can use COMcheck-EZ to show compliance.

Building Codes for Energy Efficiency—Residential Programs

Status: Goes Beyond ECPA

Details: Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008. The law requires the State Board of Building Regulations and Standards to adopt, as its minimum standard, the latest edition of the International Energy Conservation Code as part of the State Building Code. MA State Building Code, based on 1995 MEC with state-specific amendments, mandatory statewide; can use REScheck to show compliance. The Seventh Edition of the Code for Single and Two Family Dwellings became effective on April 1, 2007. It is based on the 2003 IRC and the IBC. There was a six month overlap period until October 1, 2007.

Energy Efficiency Portfolio Standards

Status: Completed

Details: On July 2, 2008, Governor Deval Patrick signed the Green Communities Act, a measure aimed at boosting use of alternative and renewable energy sources and energy efficiency measures. The Act requires Massachusetts to meet at least 25% of its electric load, including both capacity and energy, by the year 2020 with clean, demand side resources including: energy efficiency, load management, and demand response.

Public Benefits Funds for Energy Efficiency

Status: Completed

Details: On July 2, 2008, Massachusetts Governor Patrick signed the Green Communities Act (HB4373) which sets a standard for utilities to implement all cost-effective energy efficiency measures. Funding for energy efficiency consists of the current systems benefit charge, the majority of the revenues from Regional Greenhouse Gas Initiative (RGGI) auctions, and new charges on distribution rates as necessary. A non-bypassable charge ($0.00025/kWh) funds energy efficiency, low income programs and the MA Renewable Energy Trust. The PBF charge is 0.05 cents/kWh, raising ~$40 million/year. The fund collected $1.09 billion during years 1998-2006, and is projected to collect $1.71 billion through 2012. Gas energy efficiency has also been offered through local distribution companies for over 20 years. Collections are $0.01/therm, with expenditures of $25M/year. The investments go towards the installation of high efficiency HVAC equipment and appliances, construction of high-efficiency homes and buildings, and more. In November 2005, the PBF was extended until 2012 and additional provisions were added to assist consumers with loans for energy-efficient appliances, windows, etc.

State Appliance Efficiency Standards

Status: Completed

Details: The Governor signed HB 4299 on November 22, 2005, which included efficiency standards on seven products, such as residential furnaces, boilers, and furnace fans. The bill is estimated to reduce electricity use by about 700,000 gigawatt-hours per year by 2020.

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Energy Supply Actions

Interconnection Standards—Clean Distributed Generation

Status: Completed/Further Work In Progress

Details: The Massachusetts Department of Telecommunications and Energy (DTE) opened Docket DTE 07-6 in March 2007 to investigate standby rates and alternative rate structures that will promote the deployment of DG, issues not covered in docket 02-38-D discussed below. The DTE has since been dissolved (in April 2007); DTE issues are now taken up by the Department of Public Utilities. In February 2007, DTE approved (docket 02-38-D) revisions to the state's Model Interconnection Tariff that were included in the Distributed Generation Collaborative's 2006 annual report. The 18 approved proposed changes include expanding the size limit for systems eligible for the simplified interconnection process from 10 kW to 25 kW for three-phase facilities, and replacing the cap with a requirement that the aggregate generating facility capacity be less than 1/15th of the customer's minimum load. Massachusetts's Interim Uniform Interconnection Standards (first issued in 2003 and amended in 2004 and 2005) apply to all distributed generation operating in the state, including renewables, with simplified rules for systems under 10 kW.

Interconnection Standards—Net Metering

Status: Completed

Details: Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008. The law widens the state's existing net metering provisions for installations of up to 2 MW, an increase over the current cap of 60 kW. The Massachusetts net metering program was originally ordered by the Department of Public Utilities in 1982 and has been amended since then.

Output-Based Environmental Regulations

Status: Completed/Further Work In Progress

Details: Massachusetts has used output-based methods in several important regulations. The Massachusetts NOx cap and trade program (CAIR) employs useful output, including the thermal output of combined heat and power, to allocate emission allowances to affected sources (generators > 25 MW). This approach provides a significant economic incentive for combined heat and power within the emissions cap. Massachusetts also has a multipollutant emission regulation (NOx, SO2, Hg, CO2) for existing power plants, which uses an output-based format for conventional emission limits. In 2008, MA has proposed revising their CHP regulations, 310 CMR 7.00, adjusting emissions limits for CHP units in recognition of the "dual" usage of the fuel consumed by the engine or combustion turbine. Additionally, early reduction credits under MA's RGGI rule will be allocated on an output basis.

Public Benefit Funds for Clean Energy Supply

Status: Completed

Details: A non-bypassable charge funds energy efficiency, low income programs, and the Massachusetts Renewable Energy Trust, which is administered by the Massachusetts Technology Collaborative. The charge is $0.0005/kWh, and raises approximately $40 million annually.

Renewable Portfolio Standards

Status: Completed

Details: Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008. The law doubles the rate of increase in the RPS from 0.5% per year to 1% per year, with no cap. As a result, utilities and other electricity suppliers will be required to obtain renewable power equal to 4% of sales in 2009, rising to 15% in 2020 and 25% in 2030. Governor Patrick's goal is to increase installed solar power from 5 MW in 2007 to 250 MW by 2017. Previous RPS requirements increased over time from 1% of energy from renewables in 2003, increasing 0.5% every year until 2009 (4%), when clean energy must increase by 1% each year.

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Power Sector

Advanced Coal Technology

Status: Proposed

Details: On November 15, 2007, lawmakers in the Massachusetts House of Representatives unanimously backed a measure aimed at boosting use of alternative and renewable energy sources and energy efficiency measures. The Green Communities Act, House Bill No. 4373, would set up an alternative energy portfolio standard (EPS) requiring the state to meet 20% of its electric load through new, renewable generation including coal gasification and other alternative energy technologies by 2020.

CO2 Offset Requirements

Status: Completed

Details: On September 14, 2006, the Romney administration announced final rules specifying how the offset program associated with the 2001 CO2 emission caps would work. As of 2001, the Massachusetts Energy Facilities Siting Board requires that new plants with capacity >100MW offset 1% of their CO2 for the next 20 years. These rules will be superceded by RGGI on January 1, 2009.

GHG Performance Standard

Status: No Activity Identified

Power Sector GHG Cap and Trade

Status: Completed

Details: Member of the Regional Greenhouse Gas Initiative (RGGI). RGGI is a cooperative effort by Northeastern and Mid-Atlantic states to establish a regional cap-and-trade program initially covering carbon dioxide emissions from power plants in the region. On September 25, 2008, participating states held the first carbon dioxide allowance auction as part of a cap-and-trade program to take effect beginning January 1, 2009. The majority of CO2 allowances issued by each participating state will be distributed through quarterly auctions. The program will begin by capping emissions at current levels in 2009 and will reduce emissions 10% by 2018. Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008, which gave final legislative approval to the state's participation in RGGI. In late January 2008, MA Department of Environmental Protection issued final regulations implementing MA's participation in RGGI through 310 CMR 7.70 "Massachusetts CO2 Budget Trading Program" and Amendments to: 310 CMR 7.29 "Emissions Standards for Power Plants" and 310 CMR 7.00: Appendix B(7) "Emission Banking, Trading, and Averaging". Massachusetts will auction 99 percent of its allowances, and use the funds generated by those sales to fund energy efficiency, demand reduction, renewable energy programs, and combined heat and power (CHP) projects.

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Reporting

GHG Registry

Status: Completed

Details: Member of the Regional Greenhouse Gas Initiative (RGGI), under which entities in the power sector will be required to report (and reduce) their GHG emissions. RGGI's first compliance period will begin January 1, 2009. Member of The Climate Registry — a collaboration aimed at developing and managing a common GHG emissions reporting system across states, provinces, and tribes. It will provide an accurate, complete, consistent, transparent, and verified set of GHG emissions data from reporting entities, supported by a robust accounting and verification infrastructure. Members released a final General Reporting Protocol in May 2008. The Climate Registry began accepting data in June 2008.

Mandatory GHG Reporting

Status: Completed

Details: Member of the Regional Greenhouse Gas Initiative (RGGI), under which entities in the power sector will be required to report (and reduce) their GHG emissions. RGGI's first compliance period will begin January 1, 2009. Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008, which gave final legislative approval to the state's participation in RGGI.

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State Planning and Incentive Structures

Lead By Example—Clean Energy Goals for Public Facilities

Status: Completed

Details: In Executive Order 484, "Leading By Example - Clean Energy and Efficient Buildings," signed on April 18, 2007, Governor Deval Patrick required state agencies to procure 15% of agency annual electricity consumption from renewable sources by 2012 and 30% by 2020. Additionally, state agencies must utilize bio heat products with a minimum blend of 3% bio-based materials for all heating applications that use #2 fuel starting with the winter of 2007-2008, and 10% bio-heat blend by 2012.

Lead By Example—Energy Efficiency and Alternative Fuel Goals for Public Fleets

Status: Completed

Details: Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008. The law requires the state to purchase hybrid or alternative fuel vehicles to the maximum extent feasible, with such purchases providing at least 5% of all new motor vehicles purchased by the state. Executive Office for Administration and Finance Bulletin 13 (August 2006) empowers the Office of Administration and Finance to set minimum percentage requirements for E85 usage in state flex-fuel vehicles. It mandates that by fiscal year 2010, all agencies will use a minimum of 15% biodiesel in both on-road and off-road diesel engines. Executive Order 388 (1997) ordered that, in fiscal year 2001 and thereafter, at least 75% of non-excluded vehicles purchased by the state must be the cleanest alternative fuel vehicles "available and practicable," and that at least 10% of the non-excluded vehicles must be zero emission vehicles.

Lead By Example—Energy Efficient Appliance and Equipment Purchase Requirements for Public Facilities

Status: Completed

Details: Executive Office for Administration and Finance Bulletin 11 (August 2006) calls for state agencies to procure ENERGY STAR appliances as a part of a broader effort to implement all appropriate energy efficiency and conservation strategies as quickly as possible.

Lead By Example—Energy Efficiency in Public Facilities

Status: Completed

Details: Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008. The law mandates that new buildings owned or operated by the state must minimize their life-cycle costs by using energy efficiency and renewable energy. In Executive Order 484, "Leading By Example - Clean Energy and Efficient Buildings," signed on April 18, 2007, Governor Patrick required a reduction in overall energy consumption in state-owned and leased buildings (at which the state pays directly for energy) by 20% by fiscal year 2012 and 35% by 2020 (based on a fiscal year 2004 baseline). The executive order also states that all state agency new construction and major renovations, effective immediately, must meet the MA LEED Plus green building standard established by the Massachusetts Sustainable Design Roundtable.

Climate Change Action Plan

Status: Completed

Details: The state completed a plan released in May 2004. Massachusetts is also a signatory to the New England Governors and Eastern Canadian Premiers regional Climate Change Action Plan 2001.

GHG Inventory

Status: Completed

Details: In July 2009, the Massachusetts Department of Environmental Protection published a statewide inventory of greenhouse gases using a 1990 baseline and 2020 business as usual projection. The Northeast States for Coordinated Air Use Management (NESCAUM) published a regional GHG inventory for the New England states in 2004 with support from EPA. MA created a State Sustainability Program in July 2002 (Executive Order 438), which developed a GHG inventory for state agencies to establish a baseline for future reductions. The inventory for state agencies was released in February 2004 and covers fiscal year 2002 emissions.

Regional Initiatives

Status: Completed

Details: Member of the Regional Greenhouse Gas Initiative (RGGI). RGGI is a cooperative effort by Northeastern and Mid-Atlantic states to establish a regional cap-and-trade program initially covering carbon dioxide emissions from power plants in the region. On September 25, 2008, participating states held the first carbon dioxide allowance auction as part of a cap-and-trade program to take effect beginning January 1, 2009. The majority of CO2 allowances issued by each participating state will be distributed through quarterly auctions. The program will begin by capping emissions at current levels in 2009 and will reduce emissions 10% by 2018. Massachusetts Governor Deval Patrick signed the Green Communities Act (S.B. 2768) on July 2, 2008, which gave final legislative approval to the state's participation in RGGI. In 2001, the Conference of New England Governors and Eastern Canadian Premiers (NEG/ECP) released a Climate Action Plan which establishes regional goals and identifies steps to address those aspects of global warming which are within the region's control. In 2000, the NEG/ECP adopted resolution 25-9 on global warming, recognizing its potentially harmful impacts on the environment and the economy and the need for a regional approach to address it.

State Advisory Board

Status: No Activity Identified

State and Regional Energy Planning

Status: Completed

Details: In August 2006, Massachusetts Governor Romney unveiled an energy plan that promotes efficiency and advanced technologies, while seeking to diversify and expand energy supply.

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Targets and Caps

Lead by Example Target

Status: Completed

Details: Executive Order No. 484 ("Leading By Example — Clean Energy and Efficient Buildings"), announced April 2007 by Governor Patrick, requires that state agencies reduce GHG emissions 25% over the next five years, 40% by 2020, and 80% by 2050.

Statewide GHG Cap

Status: Completed

Details: The Global Warming Solutions Act (S.B. 2540), signed by Governor Deval Patrick on August 7, 2008, requires the reduction of greenhouse gas emissions by 25% from 1990 levels by 2020 and by 80% from 1990 levels by 2050.

Statewide GHG Target

Status: Completed

Details: Signatory to New England Governors and Eastern Canadian Premiers Action Plan which calls for the following GHG targets: 1990 emission levels by 2010, 10% below 1990 levels by 2020, and further reductions in the long term as needed to prevent a dangerous threat to the climate. The targets are also established in the 2004 Massachusetts Climate Protection Plan.

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Transportation Sector

GHG Auto Standards

Status: In Progress

Details: Massachusetts Governor Deval Patrick signed the Clean Energy Biofuels Act on July 28, 2008, which mandates that fuels meet strict greenhouse gas reduction standards. The law made Massachusetts the second state, after California, to require the development of a low-carbon fuel standard for vehicles that would reduce greenhouse gases by 10%. On January 9, 2006, Massachusetts adopted California's vehicle emissions standards, which will take effect in Massachusetts starting with 2009 model year vehicles. On January 2, 2008, California filed a lawsuit challenging the U.S. EPA's denial of the state's effort to regulate GHG emissions from motor vehicles, in response to EPA's rejection of a petition for a Clean Air Act waiver on December 19, 2007. A waiver is required for California and other states to implement a vehicle emissions standard tougher than the federal one. The proposed auto standard calls for the reduction of GHG emissions from new vehicles of 22% by 2012 and 30% by 2016.

Low Carbon Fuel Standard

Status: In Progress

Details: On August 7, 2008, Massachusetts Governor Deval Patrick signed Senate Bill 2540, the Global Warming Solutions Act, which includes a requirement that Massachusetts coordinate with New England states to develop a low-carbon fuel standard to reduce emissions from the use of liquid fuels, such as gas for cars and trucks. Governor Patrick signed the Clean Energy Biofuels Act on July 28, 2008, which mandates that fuels meet strict greenhouse gas reduction standards. The law makes Massachusetts the second state, after California, to require the development of a low-carbon fuel standard for vehicles that would reduce greenhouse gases by 10%. On April 23, 2008, the Advanced Biofuels Task Force (as created by Governor Patrick and legislative leaders in November 2007) released their recommendations, including a LCFS. Governor Patrick then instructed the State Department of Energy and Environmental Affairs to begin developing a LCFS, while he works with other states to try to create a regional LCFS.

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