The biennial issues of July in the Massachusetts Legislature - by Susan Bernstein

Susan Bernstein, attorney at law

The Massachusetts Legislature ended its two-year session at the last possible moment: midnight on July 31. The body enacted, among other laws, an omnibus energy bill, “An Act to Promote Energy Diversity,” which is aimed at addressing all forms of renewable energy. Both the House and Senate had approved slightly different versions with almost unanimous support in each chamber. The version of the bill passed by the Legislature is characterized as a “compromise bill,” not as aggressive as the senate version but includes agreed upon features of both the house and administration versions of the bill. The house committee chair is quoted in the media as stating that the new law will “authorize the largest procurement of renewable energy in the history of Massachusetts.” The head of the Environmental League of Massachusetts is quoted as stating “this is a huge victory for off-shore wind both for our environment and our economy…and for diversifying our energy portfolio away from fossil fuels by adding both wind and hydro.”

Among the features included in the Act is the requirement that utilities contract for up to 2,800 megawatts of hydro and wind power in the years ahead, which is equal to approximately one-third of the power used annually in Massachusetts.

Energy advocates expressed disappointment that the Act is not as aggressive with more quotas for renewable energy and that a provision to prevent electric companies from passing costs onto ratepayers for construction of natural gas pipelines was dropped.

Additionally, $227 million from the Fiscal Year 2017 budget vetoed by the governor was restored by the legislature, but it is unclear as to their impact on the operations of the Departments of Environmental Protection and Conservation and Recreation. More than 75 environmental groups pleaded with the legislature to override and restore the vetoed funds.

As a national leader in addressing the increasing impact of global warming, Massachusetts’ future successes will be based in large measure on the legislative and policy goals aimed at providing greater incentives for green development and meeting the important goals already in place to prevent further deterioration of our atmosphere by greenhouse gas emissions.

Susan Bernstein is an attorney at law, Needham, Mass.