New York Public Service Commission Issues Two Significant Community Solar Orders

On September 15, the New York Public Service Commission (“Commission”) issued orders modifying the Expanded Solar for All (“E-SFA”) program and implementing several billing measures to address pervasive CDG billing delays by utilities.

In its Order Modifying Expanded Solar for All Program, the Commission granted a request by the Coalition for Community Solar Access to allow E-SFA participants to simultaneously subscribe to a community distributed generation (“CDG”),… More

IRA Side Deal on Permitting Raising Ire

In order to pass the Inflation Reduction Act (“Act”) last month, a deal was struck with Sen. Joe Manchin (D-WV) to create separate legislation to reform federal energy project permitting.  Now that the Act has been signed into law, Senate Democrats are making good on their promise but, as might be expected, not all parties are supportive.

The reforms (and funding necessary to effectuate them) are proposed to be included as part of a Continuing Resolution that must be passed to prevent a government shutdown beginning October 1.  … More

It’s Good to Be a Brownfield Site — As Long As It’s Not Too Brown

Tucked away in the recesses of the Inflation Reduction Act is a provision that reminds everyone why they love Superfund so much.  On its face, it’s simply an incentive for renewable energy development, giving an adder to the amount of the investment tax credit (ITC) or production tax credit (PTC) to which certain renewable energy projects would otherwise be entitled, if they are located in an “energy community”. … More

Massachusetts to Require Disclosure of Energy Usage from Large Buildings

Energy UsageLost amid the more high profile items in Massachusetts’ recently enacted Act Driving Clean Energy and Offshore Wind is a requirement that the Department of Energy Resources establish a program requiring large buildings across the Commonwealth to report energy usage on an annual basis.   The requirement goes into effect on July 1, 2024, but DOER has an additional year (until July 1, 2025) to draft implementing regulations and establish the parameters of the reporting program.  … More

Coming soon to Massachusetts cities and towns: all electric buildings

As we’ve discussed before, multiple cities and towns in the Commonwealth of Massachusetts have tried to ban fossil fuel hookups for new buildings by zoning or other ordinance over the past few years.  But in July 2020, the Massachusetts Attorney General’s Municipal Law Unit struck down the first such ban that came across its desk as inconsistent with other state law.  As we noted then, in order for municipalities to restrict or ban fossil fuel connections,… More

IRA Incentives for Carbon Sequestration and Low Carbon Fuels

Yesterday, President Biden signed the Inflation Reduction Act, creating a law that contains the most significant climate-related incentives in U.S. history. In the few short weeks since the bill was introduced in the Senate, a flurry of economic activity has already begun, with entities already beginning to align their business practices to the incentives laid out in the bill.

Among the many programs enhanced or created by the legislation,… More

The Inflation Reduction Act: Investments in Environmental Justice

The Biden administration has made it a priority to target environmental justice issues as part of the administration’s broader economic agenda. On August 7, the Senate passed the Inflation Reduction Act of 2022 (Act), which would provide about $369 billion to reduce greenhouse gas emissions to 40 percent below their 2005 levels by 2030 as well as reduce carbon emissions and invest in renewable energy. A small but potentially mighty component of the Act focuses on strengthening environmental justice.… More

Massachusetts Passes Climate Bill Focused on Clean Energy and Offshore Wind

Governor Baker signed the climate bill (H.5060), titled An Act Driving Clean Energy and Offshore Wind, into law on Thursday August 11, 2022. The act combines and modifies provisions from the House’s proposed offshore wind bill (H.4524) and the Senate’s proposed omnibus climate bill (S.2819). The legislation covers a wide range of policy changes focused on electrifying vehicles and transit, reducing fossil fuel connections in new construction,… More

Massachusetts Clean Energy Bill Turbocharges the Adoption of Zero Emission Vehicles and Clean Transportation

Based on numerous sources, Governor Baker has now signed an Act Driving Clean Energy and Offshore Wind.  This bill includes a number of key advancements for increased adoption of zero emission vehicles and clean transportation throughout the Commonwealth.  The law:

  1. Outlaws the sale of internal combustion vehicles by any dealership after January 1, 2035 by making it an unfair or deceptive act or practice under Chapter 93A;…
  2. More

Inflation Reduction Act Establishes Federal Green Bank, Expands OSW Leasing, Reforms Energy Project Permitting

On August 7, 2022 the Senate passed the Inflation Reduction Act – a sweeping piece of budget reconciliation legislation that touches on everything from energy and climate to Medicaid prescription prices.  Germane to the energy and climate sector, the Act includes $369 billion for spending on “energy security and climate change” over the next ten years and an additional $250 billion in additional authority for the Department of Energy’s Loan Programs Office. … More