On December 31, 2008, the Massachusetts Department of Energy Resources (“DOER”) released emergency regulations to encourage development of renewable and alternative energy resources, as mandated by the Green Communities Act of 2008 (“GCA”). The GCA required specific changes in the state’s Renewable Portfolio Standards (“RPS”) to promote cleaner energy in the Commonwealth. Specifically, the new regulations doubled the rate of increase in the use of new renewable energy, created a new Class II category to support older renewable generating facilities, and formed a new Alternative Energy Portfolio Standard to encourage innovative energy technologies.

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