Massachusetts Enacts New Climate Law to Promote Clean Energy
Following climate laws passed in 2021 and 2022, Massachusetts has again enacted a new piece of climate-focused legislation. On November 21, 2024, Governor Maura Healey signed into law “An Act Promoting a Clean Energy Grid, Advancing Energy Equity, and Protecting Ratepayers,” which aims to expedite and simplify the permitting process for solar farms, wind farms, and energy infrastructure. By March 2026, the new law will overhaul the state’s siting and permitting process, which can involve up to a dozen state and local agencies, leading to years of delay. The state views this climate law as critical for Massachusetts’ to meet its 2050 climate goals.
The new climate law includes a “site suitability” framework to help municipalities and the Massachusetts Energy Facilities Siting Board evaluate the siting of new projects. Under this framework, developers must now provide public notice of their plans by conducting community outreach and holding public meetings. This new requirement aligns with Massachusetts’ continued efforts to bolster environmental justice-related policies and protocols. The new climate law establishes the Office of Environmental Justice and Equity, a new state agency dedicated to helping individuals and communities actively engage in the siting process. The law also requires a cumulative impact analysis for all large renewable clean energy projects, meaning agencies must consider not only environmental impacts but also a variety of human health and socioeconomic factors prior to permitting a new project. This requirement follows a trend in Massachusetts of requiring more thorough environmental assessments. Earlier this year, the Massachusetts Department of Environmental Protection (MassDEP) promulgated regulations similarly requiring cumulative impact analyses for certain air permits. The U.S. Environmental Protection Agency (EPA) updated its draft framework on cumulative impacts in November 2024.
By consolidating the project review process, the new climate law will expedite and simplify permitting: it creates one master permit and sets strict deadlines for the review process (12 months for municipalities and 15 months for the Energy Facilities Siting Board). Should deadlines not be met, applications will receive automatic approval, although the legislature reserves the right to review this method if too many projects receive automatic approval within a year. Notably, the new climate law expands the definition of “clean energy” to include nuclear fission, along with technologies that remove or reduce the amount of carbon in the air or in materials production. Appeals of Energy Facilities Siting Board decisions can head straight to the Supreme Judicial Court, truncating the judicial review process.
The new climate law also includes provisions to facilitate energy storage and procurement, improve the use of electric vehicles and charging infrastructure, and phase out the use of natural gas. MassDEP also continues to regulate under the Commonwealth’s Global Warming Solutions Act, one example of which being the recent amendments to MassDEP’s greenhouse gas emissions reporting regulations (310 CMR 7.71), which now require heating fuel suppliers and storage facilities to register with MassDEP and submit reports either quarterly or monthly (depending on the entity).
Overall, Massachusetts’ new climate law follows the state’s legacy of leadership on the climate front and will help Massachusetts achieve its fast-approaching climate goals. We also expect the law to ease the permit process for project developers and add certainty to project development timelines.
Beveridge & Diamond's Renewable Energy and Infrastructure and Project Development and Permitting practice groups help clients through all stages of project development, from conception through planning, permitting, construction, and litigation. We represent infrastructure project developers, owners, and operators, including private developers, corporations, states, municipalities, and governmental authorities. B&D's ESG and Air and Climate Change practice groups guide clients through the rapidly-changing landscape of climate-related law and regulation. With an office in Boston, we closely track New England GHG regulatory developments and their impacts on stakeholders. For more information, please contact the authors.
