CLIMATE PROTECTION AND GREEN ECONOMY ACT

M.G.L. pt. Part I, tit. Title II, ch. c. 21N

in effect

M.G.L. c. 21N, § 1 Definitions

c. 21N, § 1. Definitions Section 1. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:— ''Adaptation'', adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including but not limited to changes in processes, practices and protocols to increase resiliency of built and natural structures, moderate potential damages or benefit from opportunities associated with climate change. ''Allowance'', an authorization to emit, during a specified year, up to 1 ton of carbon dioxide equivalent. ''Alternative compliance mechanism'', an action undertaken by a greenhouse gas emission source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emissions reduction, that is approved by the department, and that is real, permanent, quantifiable, verifiable and enforceable. ''Carbon dioxide equivalent'', the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change. ''Department'', the department of environmental protection. ''Direct emissions'', emissions from sources that are owned or operated, in whole or in part, by any person, entity or facility including, but not limited to, emissions from transportation or heating fuels or from any building, structure, distribution system or residential, commercial, institutional, industrial, waste management, agricultural or manufacturing process. ''Direct emissions reduction'', a greenhouse gas emission reduction action made by a greenhouse gas emissions source at that source. ''Emission'', emission of a greenhouse gas into the air. ''Emissions reduction measures'', programs, measures, standards, and alternative compliance mechanisms authorized pursuant to this chapter, applicable to sources or categories of sources that are designed to reduce emissions of greenhouse gases. ''Entity'', a person that owns or operates, in whole or in part, a source of greenhouse gas emissions from a generator of electricity or a commercial or industrial site including, but not limited to, a transportation fleet. ''Executive office'', the executive office of energy and environmental affairs. ''Facility'', a building, structure or installation located on contiguous or adjacent properties of an entity. ''Greenhouse gas'', any chemical or physical substance that is emitted into the air and that the department may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. ''Greenhouse gas emissions limit'', an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the secretary, expressed in tons of carbon dioxide equivalents. ''Greenhouse gas emissions source'', a source, or category of sources, of greenhouse gas emissions, including but not limited to greenhouse gas emissions from transportation fuels, heating fuels, or electricity that are used, distributed, consumed, combusted, or sold into the commonwealth, with emissions that are at a level of significance, as determined by the secretary, such that its inclusion in the programs and initiatives established under this chapter will enable the secretary to effectively reduce greenhouse gas emissions and ensure compliance with the statewide greenhouse gas emissions limits and sublimits; provided, however, that when used in relation to the regulation of emissions, a person or entity that sells or distributes transportation fuels, heating fuels, or electricity may be considered to be the source of greenhouse gas emissions from the use, distribution, consumption, combustion, or sale of such fuels or electricity. ''Hazard mitigation'', any action that reduces or eliminates long-term risks caused by natural or man-made disasters. ''Indirect emissions'', emissions associated with the consumption of any purchased electricity, fuel, steam and heating or cooling by a person, an entity or a facility in the commonwealth. ''Leakage'', the offset of a reduction in emissions of greenhouse gases within the commonwealth by an increase in emissions of greenhouse gases outside the commonwealth. ''Market-based compliance mechanism'', any form of market-based or priced compliance system imposed on sources or categories of sources of greenhouse gas emissions, or any pricing mechanism imposed directly on greenhouse gas emissions sources or on their distribution or sale, designed to reduce emissions as required by this chapter, which shall include, but not be limited to: (i) a system of market-based declining aggregate emissions limitations for sources or categories of sources that emit greenhouse gases; (ii) greenhouse gas emissions exchanges, banking, credits and other transactions governed by rules and protocols established by the secretary and the department, the regional greenhouse gas initiative or other similar multi-jurisdictional program that results in greenhouse gas emissions reductions; or (iii) a system of charges or exactions imposed to reduce statewide greenhouse gas emissions, in whole or in part. ''Natural and working lands'', lands within the commonwealth that: (i) are actively used by an agricultural owner or operator for an agricultural operation that includes, but is not limited to, active engagement in farming or ranching; (ii) produce forest products; (iii) consist of forests, grasslands, freshwater and riparian systems, wetlands, coastal and estuarine areas, watersheds, wildlands or wildlife habitats; or (iv) are used for recreational purposes, including parks, urban and community forests, trails or other similar open space land. ''Nature-based solutions'', strategies that conserve, create, restore and employ natural resources to enhance climate adaptation, resilience and mitigation to mimic natural processes or work in tandem with man-made engineering approaches to address natural hazards like flooding, erosion, drought and heat islands and to maintain healthy natural cycles to sequester and maintain carbon and other greenhouse gases. ''Person'', an agency or political subdivision of the commonwealth, a state, public or private corporation or authority or an individual, trust firm, joint stock company, partnership, association or other entity or group thereof or an officer, employee or agent thereof. ''Secretary'', the secretary of energy and environmental affairs. ''State plan'', the integrated state climate adaptation and hazard mitigation plan which shall include the state hazard mitigation plan, required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93–288, 42 U.S.C. section 5121, et seq., and any subsequent revisions of the plan developed pursuant to this chapter. ''Statewide greenhouse gas emissions'', the total annual emissions of greenhouse gases in the commonwealth, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in the commonwealth, accounting for transmission and distribution line losses, whether the electricity is generated in the commonwealth or imported; provided, however, that statewide greenhouse gas emissions shall be expressed in tons of carbon dioxide equivalents. ''Statewide greenhouse gas emissions limit'', the maximum allowable level of statewide greenhouse gas emissions in a given year, as determined by the secretary. ''Vulnerability assessment'', an evaluation of degree of susceptibility to, or ability to cope with, adverse effects of climate change, such as climate variability and extremes, including an evaluation of adaptive capacity and subsequent adaptation strategies and options for the asset, system, institution or other subject being assessed.

M.G.L. c. 21N, § 2 Regulations for reporting and verifying statewide greenhouse gas emissions; review; inventory

c. 21N, § 2. Regulations for reporting and verifying statewide greenhouse gas emissions; review; inventory Section 2. (a) The department shall establish programs to monitor and reduce emissions of greenhouse gases and shall promulgate regulations regarding sources or categories of sources that emit greenhouse gases in order to achieve the greenhouse gas emissions limits and sublimits and implement the roadmap plans required by this chapter. The department shall adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this chapter. The regulations shall: (1) establish a greenhouse gas registry and reporting system for greenhouse gas emission sources; provided, however, that in establishing the greenhouse gas registry and reporting system, the department may collaborate with other states or a regional consortium; (2) annually require the owner or operator of any facility that is required to report air emissions data to the department pursuant to Title V of the federal Clean Air Act and that has stationary emissions sources that emit greenhouse gases to report annually to a registry direct stack emissions of greenhouse gases from such sources; (3) require the owner or operator of a facility that has stationary emissions sources that emit greenhouse gases in excess of 5,000 tons of greenhouse gases per year in carbon dioxide equivalents to report annually to a registry direct emissions of greenhouse gases from such sources; provided, however, that the department shall develop a simplified estimation form to assist facilities in determining who shall report emissions and shall consider, on an annual basis, requiring the expansion of reporting to a greenhouse gas registry; (4) provide for the voluntary reporting of emissions of greenhouse gases to a greenhouse gas registry by entities and facilities that are not required to submit information pursuant to clauses (2) and (3); provided, however, that the greenhouse gas emissions reported shall be of a type and format that a greenhouse gas registry can accommodate; (5) require reporting of greenhouse gas emissions from generation sources producing all electricity consumed, including transmission and distribution line losses from electricity generated within the commonwealth or imported from outside the commonwealth; provided, however, that this requirement shall apply to all retail sellers of electricity, including electric utilities, municipal electric departments and municipal light boards as defined in section 1 of chapter 164A; (6) ensure rigorous and consistent accounting of emissions and provide reporting tools and formats to ensure collection of necessary data; and (7) ensure that greenhouse gas emissions sources maintain comprehensive records of all reported greenhouse gas emissions. (b) The department shall: (1) consult with the secretary on periodic review and updates of emission reporting requirements, as necessary; and (2) review existing and proposed state, federal and international greenhouse gas emissions reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this chapter and other programs and to streamline reporting requirements on greenhouse gas emissions sources. (c) The department shall triennially publish a state greenhouse gas emissions inventory that includes comprehensive estimates of the quantity of greenhouse gas emissions in the commonwealth for the last 3 years in which data is available.

M.G.L. c. 21N, § 3 Projected 2020 business as usual level; adoption of statewide greenhouse gas emissions limits; levels and limits for electric sector; establishment of declining annual aggregate limit

c. 21N, § 3. Projected 2020 business as usual level; adoption of statewide greenhouse gas emissions limits; levels and limits for electric sector; establishment of declining annual aggregate limit Section 3. (a) The department shall, pursuant to chapter 30A, determine the statewide greenhouse gas emissions level in calendar year 1990 and reasonably project what the emissions level will be in calendar year 2020 if no measures are imposed to lower emissions other than those formally adopted and implemented as of January 1, 2009. This projection shall hereafter be referred to as the projected 2020 business as usual level. (b) The secretary shall, in consultation with the department and the department of energy resources, adopt the following statewide greenhouse gas emissions limits: (i) an interim 2025 statewide greenhouse gas emissions limit; (ii) an interim 2030 statewide greenhouse gas emissions limit; (iii) an interim 2035 statewide greenhouse gas emissions limit; (iv) an interim 2040 statewide greenhouse gas emissions limit; (v) an interim 2045 statewide greenhouse gas emissions limit; and (vi) a 2050 statewide emissions limit that achieves at least net zero statewide greenhouse gas emissions; provided, however, that in no event shall the level of emissions in 2050 be higher than a level 85 per cent below the 1990 level. Each limit shall be accompanied by publication of a comprehensive, clear and specific roadmap plan to realize said limit. (c) Emissions levels and limits associated with the electric sector shall be established by the executive office and the department, in consultation with the department of energy resources, based on consumption and purchases of electricity from the regional electric grid, taking into account the regional greenhouse gas initiative and the renewable portfolio standard. (d) The department shall promulgate regulations establishing a desired level of declining annual aggregate emission limits for sources or categories of sources that emit greenhouse gas emissions.

M.G.L. c. 21N, § 3A Adoption of sector-based statewide greenhouse gas emissions sublimits

c. 21N, § 3A. Adoption of sector-based statewide greenhouse gas emissions sublimits Section 3A. (a) The secretary shall, in consultation with the secretary of economic development, the secretary of housing and livable communities, and the secretary of transportation, adopt sector-based statewide greenhouse gas emissions sublimits as components of each statewide greenhouse gas emissions limit adopted pursuant to subsection (b) of section 3 for the sectors of electric power, transportation, commercial and industrial heating and cooling, residential heating and cooling, industrial processes, and natural gas distribution and service. In order to achieve the greenhouse gas emissions limits established by this chapter, the secretary may adopt sector-based statewide greenhouse gas emissions sublimits for any other sector or source the secretary may designate. (b) Sector-based statewide greenhouse gas emissions sublimits for a given year shall not, in the aggregate, exceed the statewide greenhouse gas emissions limit for the year and shall be designed to maximize the ability of the commonwealth to meet the 2050 statewide greenhouse gas emissions limit established in subsection (b) of section 3; provided, however, that a sublimit shall not be found to have been binding for a given prior year if the commonwealth is found to have complied with the statewide greenhouse gas limit adopted pursuant to said subsection (b) of said section 3 for the same year.

M.G.L. c. 21N, § 3B Goal for succeeding plan's necessary contribution to meeting each statewide greenhouse gas emissions limit and sublimit

c. 21N, § 3B. Goal for succeeding plan's necessary contribution to meeting each statewide greenhouse gas emissions limit and sublimit Section 3B. Not later than March 1 of every third year of each plan approved under section 21 of chapter 25, the secretary shall set a goal, expressed in tons of carbon dioxide equivalent, for the succeeding plan's necessary contribution to meeting each statewide greenhouse gas emissions limit and sublimit adopted pursuant to this chapter.

M.G.L. c. 21N, § 4 Adoption of 2020 statewide greenhouse gas emissions limit; relevant information; evaluation of potential cost and benefits; de minimis threshold; emission reduction; public hearings; statement; interim greenhouse gas emissions limits

c. 21N, § 4. Adoption of 2020 statewide greenhouse gas emissions limit; relevant information; evaluation of potential cost and benefits; de minimis threshold; emission reduction; public hearings; statement; interim greenhouse gas emissions limits Section 4. (a) The secretary shall adopt the 2020 statewide greenhouse gas emissions limit that shall be between 10 per cent and 25 per cent below the 1990 emissions level and a plan for achieving said reduction. The secretary shall consult with all state agencies and regional authorities with jurisdiction over sources of greenhouse gases on all elements of the emissions limits, sublimits, and roadmap plans required by this chapter, including, but not limited to, electrical generation, load based-standards or requirements, the provision of reliable and affordable electrical service and statewide fuel supplies. The 2025, 2030, 2035, 2040, 2045 and 2050 statewide greenhouse gas emissions limits and the accompanying roadmap plans for realizing the limits shall comply with the requirements of this section and section 5. (b) The secretary shall consider all relevant information pertaining to greenhouse gas emissions reduction goals and programs in other states and nations. (c) The secretary shall evaluate the total potential costs and economic and noneconomic benefits of various reduction measures to the economy, environment and public health, using the best available economic models, emissions estimation techniques and other scientific methods. (d) The secretary shall take into account the relative contribution of each source or source category to statewide greenhouse gas emissions and may set a de minimis threshold of greenhouse gas emissions below which emissions reduction requirements shall not apply. (e) The secretary shall identify opportunities for emissions reduction measures from all verifiable and enforceable voluntary actions. (f) The secretary shall conduct public hearings on the proposed 2025, 2030, 2035, 2040, 2045 and 2050 statewide greenhouse gas emissions limits and the accompanying roadmap plans for realizing the limits. The secretary shall conduct a portion of these workshops in regions that have the most significant exposure to air pollutants, including, but not limited to, communities with minority populations, communities with low-income populations, or both. (g) Not more than 18 months after the last day of 2020, 2025, 2030, 2035, 2040, 2045, 2050 and any other calendar year for which a statewide greenhouse gas emissions limit is adopted pursuant to statute or regulation, the secretary shall issue a statement in writing to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on environment, natural resources and agriculture. The statement shall indicate, drawing upon the best available data and measurements, the degree of compliance achieved by the commonwealth with the statewide greenhouse gas emissions limit. The statement shall reasonably quantify the extent to which emissions exceeded or did not exceed the limit and shall consider the lessons to be learned from any success or failure to comply with said limit. If emissions exceeded the limit, the statement shall describe remedial steps that might be taken to offset the excess emissions and ensure compliance with the next upcoming limit adopted pursuant to statute or regulation. (h) The interim 2030 statewide greenhouse gas emissions limit shall be at least 50 per cent below the 1990 level, and the interim 2040 statewide greenhouse gas emissions limit shall be at least 75 per cent below the 1990 level.

M.G.L. c. 21N, § 5 Contents of roadmap plan; filing

c. 21N, § 5. Contents of roadmap plan; filing Section 5. To the extent practicable, the roadmap plans required by subsection (b) of section 3 for 2025, 2030, 2035, 2040 and 2045 shall be consistent with each other, cumulative in effect and constructed to realize the 2050 statewide greenhouse gas emissions limit imposed by said subsection (b) of said section 3. Each plan, including the 2050 plan, shall (i) address each sector subject to a statewide greenhouse gas emissions sublimit imposed by section 3A; (ii) indicate for each sector how, to what extent, and when the commonwealth will act to reduce its emissions in order to realize the 2050 statewide greenhouse gas emissions limit; (iii) consider whether regulations or other measures undertaken, including distribution of emissions allowances, are equitable and minimize costs and maximize the total benefits to the commonwealth and encourage greenhouse gas emissions reductions; (iv) consider whether activities undertaken pursuant to the regulations complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and reduce toxic air contaminant emissions; (v) consider overall societal benefits, including reductions in other air pollutants, diversification of energy sources and other benefits to the economy, environment and public health; (vi) consider whether state actions minimize the administrative burden of implementing and complying with these plans and regulations; (vii) consider whether state actions minimize leakage; (viii) consider the significance of the contribution of each source or category of sources to statewide emissions of greenhouse gases; (ix) consider whether greenhouse gas emissions reductions achieved are real, permanent, quantifiable, verifiable, and enforceable; (x) quantify the emissions reductions to be realized due to the electric and gas energy efficiency programs established under sections 19 and 21 of chapter 25; (xi) set numerical benchmarks and track adoption within the commonwealth of emissions reduction products, solutions, and improvements used to achieve the statewide greenhouse gas emissions limits and sublimits, including, but not limited to, electric vehicles, electric vehicle charging stations, solar photovoltaic and solar thermal technologies, offshore wind facilities, the release of measurable greenhouse gases from and carbon sequestration by natural and working lands and the products derived from these lands to the maximum extent practicable, energy storage capacity, air-source and ground-source heat pumps and anaerobic digestion; (xii) summarize the steps taken by the commonwealth to improve or mitigate economic, environmental and public health impacts on low- or moderate-income individuals and environmental justice populations; (xiii) (A) contain a statewide baseline measurement and measure the current carbon flux on natural and working lands; (B) adopt statewide goals to reduce greenhouse gas emissions and increase carbon sequestration on natural and working lands; and (C) develop a natural and working lands plan that outlines actions to meet these statewide goals, including, but not limited to, land protection, management and restoration and state and local legislation, laws and regulations, programs, grants, loans, incentives and public-private partnerships, and provide guidance and strategies for state agencies, authorities, municipalities, regional planning agencies, nonprofit organizations, landowners and operators; provided, however, that said plan shall be developed and informed by a stakeholder process and that the baseline, goal and plan shall be integrated into the inventory, baseline assessment, plan and reporting requirements pursuant to this chapter and shall be consistent with state climate change adaptation and resiliency policies; (xiv) include the results of quantitative modeling and analysis of the commonwealth's energy economy and greenhouse gas emissions in their state and regional context, including, but not limited to, the regional electric distribution and transmission grid; provided, however, that said modeling and analysis may be conducted in conjunction with other states or regional entities as part of an analysis of reducing regional emissions to a level consistent with this chapter; provided further, that the secretary is authorized to utilize back-cast methodology; (xv) publish the results of any modeling and analysis performed pursuant to this section and, to the maximum extent permitted by law, make available for public inspection and use the model, all model assumptions, and all input and output data; provided, that the secretary may protect from public disclosure, trade secrets, confidential, competitively sensitive or other proprietary information provided in the course of proceedings in the same manner as provided in section 5D of chapter 25; and (xvi) make recommendations for future policy action. Each roadmap plan shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on environment, natural resources and agriculture.

M.G.L. c. 21N, § 6 Establishment of emissions reduction programs; promulgation of regulations; protection of low and moderate-income persons and environmental justice populations

c. 21N, § 6. Establishment of emissions reduction programs; promulgation of regulations; protection of low and moderate-income persons and environmental justice populations Section 6. The secretary shall establish programs to reduce emissions of greenhouse gases and promulgate regulations regarding sources or categories of sources that emit greenhouse gases in order to achieve the greenhouse gas emissions limits and sublimits and implement the roadmap plans required by this chapter. Said regulations shall achieve required emissions reductions equitably and in a manner that protects low- and moderate-income persons and environmental justice populations.

M.G.L. c. 21N, § 7 Market-place compliance mechanisms; regulations; out-state cooperation; enforcement

c. 21N, § 7. Market-place compliance mechanisms; regulations; out-state cooperation; enforcement Section 7. (a) The secretary, in consultation with the executive office of administration and finance, may consider the use of market-based compliance mechanisms to address climate change concerns; provided, however, that prior to the use of any market-based compliance mechanism, to the extent feasible and in furtherance of achieving the statewide greenhouse gas emissions limits, the secretary shall: (1) consider the potential for direct, indirect and cumulative emission impacts from these mechanisms, including localized impacts in communities that are already adversely impacted by air pollution; (2) design any market-based compliance mechanism to prevent any increase in the emissions of toxic air contaminants or criteria air pollutants, with particular attention paid to emissions of nitrous oxide, sulfur dioxide and mercury; and (3) maximize additional environmental and economic benefits for the commonwealth, as appropriate. (b) The secretary and the department may adopt regulations governing market-based compliance mechanisms to reduce greenhouse gas emissions from sources or categories of sources in order to achieve the statewide greenhouse gas emissions limits and sublimits required by this chapter. (c) The executive office and the department may work with the participating regional greenhouse gas initiative states and other interested states and Canadian Provinces to develop a plan to expand market-based compliance mechanisms such as the regional greenhouse gas initiative to other sources and sectors necessary or desirable to facilitate the achievement of the greenhouse gas emissions limits. (d) The executive office and the department shall monitor compliance with and enforce any rule, regulation, order, emissions limitation, emissions reduction measure or market-based compliance mechanism adopted by the executive office or department pursuant to this chapter. The department may impose a civil administrative penalty pursuant to section 16 of chapter 21A for a violation of any rule, regulation, order, emissions limitation, emissions reduction measure or other measure adopted by the executive office pursuant to this chapter.

M.G.L. c. 21N, § 8 Advisory committee

c. 21N, § 8. Advisory committee Section 8. The secretary shall convene an advisory committee to advise the executive office in overseeing the greenhouse emissions reduction measures. The advisory committee shall consist of representatives from the following sectors: commercial, industrial and manufacturing; transportation; low-income consumers; energy generation and distribution; environmental protection; energy efficiency and renewable energy; local government; and academic institutions.

M.G.L. c. 21N, § 9 Applicability of chapter

c. 21N, § 9. Applicability of chapter Section 9. Nothing in this chapter shall affect the authority of the public utility commission or the obligation of an electric utility to provide customers with safe and reliable electric service. Nothing in this chapter shall preclude, prohibit or restrict the construction of a new facility or the expansion of an existing facility subject to regulation under this chapter, if all applicable requirements are met and the facility is in compliance with regulations adopted pursuant to this chapter.

M.G.L. c. 21N, § 10 Preparation for impact of climate change and mitigation damage from extreme weather events; statewide adaptation strategy; vulnerability assessments; climate change coordinators

c. 21N, § 10. Preparation for impact of climate change and mitigation damage from extreme weather events; statewide adaptation strategy; vulnerability assessments; climate change coordinators Section 10. (a) The secretary and the secretary of public safety and security shall coordinate efforts across the commonwealth to strengthen the resiliency of communities, prepare for the impacts of climate change and prepare for and mitigate damage from extreme weather events. The secretaries shall, every 5 years, publish a state plan that includes a statewide adaptation strategy incorporating: (i) observed and projected climate trends based on the best available data, including but not limited to, extreme weather events, drought, coastal and inland flooding, sea level rise and increased storm surge, wildfire and extreme temperatures; (ii) risk analysis and vulnerability assessment of: (A) key physical assets and functions of state government, municipalities and local economies; (B) natural resources; and (C) the built environment; provided, however, that the analysis and assessment shall include key findings from vulnerability assessments conducted pursuant to subsection (b); (iii) an evaluation of the commonwealth's capacity to respond and adapt to climate change impacts and opportunities; (iv) guidance and strategies for state agencies and authorities, municipalities and regional planning agencies to proactively address these impacts through adaptation and resiliency measures, including changes to plans, by-laws, regulations and policies; (v) clear goals, expected outcomes and a path to achieving results; (vi) approaches for the commonwealth to increase the resiliency of state government operations; (vii) policies and strategies for ensuring that adaptation and resiliency efforts complement and do not conflict with efforts to reduce greenhouse gas emissions and contribute to meeting statewide emission limits, established pursuant to this chapter; and (viii) strategies that conserve and sustainably employ the natural resources of the commonwealth. (b) The secretary and the secretary of public safety and security shall: (i) establish and maintain a framework for each executive office established under section 2 of chapter 6A to complete a vulnerability assessment for such office and each agency under the jurisdiction of such office to be incorporated into the state plan; (ii) establish and maintain a framework for each municipality in the commonwealth that chooses to complete a vulnerability assessment to incorporate the assessment, if the municipality so chooses, into the state plan; (iii) implement the state plan; and (iv) incorporate information learned from implementing the state plan in plan updates, including the experiences of executive offices, agencies, and municipalities in assessing and responding to climate change vulnerability. (c) The secretary of each executive office established in section 2 of chapter 6A shall designate an employee to serve as the climate change coordinator of such office. Each climate change coordinator shall, under the leadership of the executive office of energy and environmental affairs and the executive office of public safety: (i) serve as such office's principal liaison regarding climate change mitigation, adaptation and resiliency efforts; (ii) assist in the development and implementation of the state plan; (iii) work with agencies under the jurisdiction of such office to complete vulnerability assessments for each agency and assist in incorporating these assessments into the state plan, on a schedule determined by the executive office of energy and environmental affairs and the executive office of public safety and security; and (iv) implement priority strategies and recommendations from the vulnerability assessment to moderate risk from climate change.

M.G.L. c. 21N, § 11 Municipal vulnerability preparedness grant program

c. 21N, § 11. Municipal vulnerability preparedness grant program Section 11. (a) The secretary shall develop and support a municipal vulnerability preparedness grant program. The program shall consist of: (i) financial assistance to municipalities to complete a community-led resilience building process and vulnerability assessment that enables climate change information and adaptation actions to be directly incorporated into existing municipal plans, policies and spending programs; (ii) technical planning guidance; (iii) a statewide catalogue of municipal climate vulnerabilities and impacts identified through the assessment process that may be incorporated into the state plan; and (iv) support for implementation projects to address vulnerabilities. (b) A grant of financial assistance issued under this section shall be used to advance efforts to adapt land use, zoning, infrastructure, financial decision-making, policies and programs to reduce the vulnerability of the built and natural environment to changing environmental conditions that are a result of climate change. (c) The secretary shall develop and implement an outreach and education program about climate change and its effects for low-income, environmental justice and urban communities to increase participation in the grant program established in this section.

M.G.L. c. 21N, § 12 Alternative compliance payment as debt; lien; priority of lien; civil action; waiver or release; security requirements

c. 21N, § 12. Alternative compliance payment as debt; lien; priority of lien; civil action; waiver or release; security requirements Section 12. (a) Upon issuance by the department of a notice of non-compliance, any alternative compliance payment, as defined in 310 CMR 7.75, owed by a retail electric supplier pursuant to sections 2, 6 and 7, including any interest, additional amount, addition to debt or assessable penalty under said sections 2, 6 or 7, or pursuant to the department's administrative penalty authority set forth in section 16 of chapter 21A, together with any costs that may accrue in addition thereto, shall constitute a debt to the department. Such debt shall also be a lien in favor of the department upon all property and rights to property, whether real or personal, belonging to the indebted retail electric supplier including property acquired after the lien arises. The lien shall arise 30 days after the department issues the first notice of non-compliance and shall continue until: (i) the debt is satisfied; (ii) a judgment against the retail electric supplier arising out of such debt is satisfied; (iii) any such debt or judgment is discharged by the department by a waiver or release under subsection (d); or (iv) any such debt or judgment becomes unenforceable by reason of the lapse of time. The lien created in favor of the department for any such alternative compliance payment shall remain in effect for a period of 10 years after issuance of the notice of non-compliance. For a bankruptcy case under the United States Code, the running of the period of limitations in this section shall be suspended for: (i) the period during which the department is prohibited by reason of such case from collecting the lien; and (ii) the period during which a plan for payment of the lien is in effect and 6 months thereafter. The running of the period of limitations in this section shall be suspended for the period during which the payment or collection is stayed pursuant to the retail electric supplier contesting the lien. If the lien would extend beyond its initial or any subsequent 10-year period, the department may refile its notice of lien. If any such notice of lien is refiled within the required refiling period, as defined in section 6323(g)(3) of the Internal Revenue Code, the lien in favor of the department shall relate back to the date of the first such lien filing. The department shall promulgate such regulations as may be necessary for the implementation of this subsection. (b) A lien imposed by this section shall not be perfected as against any mortgagee, pledgee, purchaser, creditor or judgment creditor until notice thereof has been filed by the department: (i) with respect to real property or fixtures, in the registry of deeds of the county where such property is situated; and (ii) with respect to personal property other than fixtures, in the filing office in which the filing of a financing statement would perfect, under article 9 of chapter 106, an attached nonpossessory security interest in tangible personal property belonging to the retail electric supplier liable to pay the alternative compliance payment as if the retail electric supplier were located in the commonwealth under section 9-307 of said chapter 106. The filing of any such lien or of a waiver or release of any such lien shall be received and registered or recorded without payment of any fee in the commonwealth. (c) In any case where an alternative compliance payment becomes due upon issuance of a notice of non-compliance, the department, in addition to other modes of relief, may direct a civil action to be filed in a superior court of the commonwealth to collect the debt or enforce the lien of the department under this section with respect to such liability, or to subject any property of whatever nature, of the indebted retail electric supplier, or in which the supplier has any right, title or interest, to the payment of such liability. (d) The department may issue a waiver or release of any lien imposed by this section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. The department shall issue a waiver or release of any lien imposed by this section in any case where the debt for which such lien attached has been paid or legally abated. (e) Notwithstanding any general or special law to the contrary, the department may establish financial compliance assurance requirements for any retail electricity supplier subject to requirements or standards established in this chapter. The department may require a bond or other security in amount and form as determined to be necessary and appropriate to ensure compliance with all such requirements or standards.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21NFetched: 10/20/2026