Massachusetts General Laws

Mass. Gen. Laws ch. 21N, § 3 (2026)

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

✓ current as of July 2026
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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.

Notes of Decisions
Cited in 5 cases, 2011–2020 · leading case: Kain v. Dep't of Env't Prot., 49 N.E.3d 1124 (Mass. 2016).
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Kain v. Dep't of Env't Prot., 49 N.E.3d 1124 (Mass. 2016). · cites it 18× “In this case, we are asked to decide whether the Department of Environmental Protection (department) has fulfilled its statutory mandate under G. L. c. 21N, § 3 (d) (§ 3 [&]), which provides that the department “shall promulgate regulations establishing a desired level of…”
New England Power Generators Ass'n, Inc. v. Dep't of Env't Prot., 105 N.E.3d 1156 (Mass. 2018). · cites it 10× “21N, § 3 ( d ) ( § 3 [ d ] ), which directs the Department of Environmental Protection (department) to promulgate regulations establishing declining annual aggregate emission limits for sources that emit greenhouse gas emissions, does not apply to the electric sector, because…”
All. to Protect Nantucket Sound, Inc. v. Dep't of Pub. Utils., 461 Mass. 166 (Mass. 2011). · cites it 2× “G. L. c. 21N, § 3 (b). The statute also requires the Executive Office of Energy and Environmental Affairs and the Department of Environmental Protection to develop specific greenhouse gas emissions limits for the electric sector.”
Kain v. Massachusetts Dep't of Env't Prot., 32 Mass. L. Rptr. 668 (Mass. Super. Ct. 2015). · cites it 4× “See G.L.c. 21N, §3(b). A separate but related section of the law provides the algorithm by which the Secretary’s 2020 emissions limit must be calculated.”
NextEra Energy Resources, LLC v. Dep't of Pub. Utils. (Mass. 2020). “G. L. c. 21N, §§ 3, 4. Statute 2018, c. 169, and the provisions at issue in this case play an essential role in achieving these objectives by requiring the generation of clean energy.”
— Mass. Gen. Laws ch. 21N, § 3(b) — 1 case
Kain v. Massachusetts Dep't of Env't Prot., 32 Mass. L. Rptr. 668 (Mass. Super. Ct. 2015). “See G.L.c. 21N, §3(b). A separate but related section of the law provides the algorithm by which the Secretary’s 2020 emissions limit must be calculated.”
— Mass. Gen. Laws ch. 21N, § 3(d) — 1 case
Kain v. Massachusetts Dep't of Env't Prot., 32 Mass. L. Rptr. 668 (Mass. Super. Ct. 2015). “See G.L.c. 21N, §3(b). A separate but related section of the law provides the algorithm by which the Secretary’s 2020 emissions limit must be calculated.”
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