Energy and Clean Technology Alert: Massachusetts Finalizes Renewable and Alternative Energy Regulations

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On June 12, 2009, the Department of Energy Resources (DOER) released final regulations for Renewable Portfolio Standards (RPS) and the Alternative Energy Portfolio Standard (APS), as mandated by the Green Communities Act of 2008 (GCA). DOER’s regulations increased the levels of fuels, resources, and technologies that are eligible for renewable energy certificates (RECs), created a new Class II category to support older renewable generating facilities, and formed the APS to encourage innovative energy technologies.

The final regulations culminate an extensive rulemaking process as required under M.G.L. Chapter 30A for DOER, which issued two sets of emergency regulations, effective January 1, 2009 and March 31, 2009, respectively. These final regulations underscore the Commonwealth’s commitment to expanding renewable energy capacity and investing in an ever-growing clean energy industry.

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