SENATE, No. 2531

Senate, March 4, 2008

The committee on Ways and Means, to whom was referred the Senate bill relative establishing the Global Warming Solutions Act (Senate, No. 2423), reported, recommending that the same ought to pass, with an amendment substituting a new draft with same title (Senate, No. 2531).

Steven C. Panagiotakos,
For the committee.

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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT ESTABLISHING THE GLOBAL WARMING SOLUTIONS ACT

SECTION 1. Section 19 of chapter 6A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out subsection (f) and inserting in place thereof the following 2 subsections:-
(f)  The secretary shall collaborate with other state agencies to reduce greenhouse gas emissions to achieve the greenhouse gas emissions limits established in chapter 21N.
(g)  Nothing in this chapter shall be construed to confer any powers or impose any duties upon the secretary with respect to the foregoing agencies and authorities except as expressly provided by law.

SECTION 2.  Section 1 of chapter 16 of the General Laws, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following 2 subsections:-
(d)  The commissioner shall collaborate with other state agencies to reduce greenhouse gas emissions to the limits established in chapter 21N. 
(e)  The commissioner may promulgate rules and regulations to effectuate the purposes of this chapter.

SECTION 3.  The first paragraph of section 2 of chapter 21A of the General Laws, as so appearing, is hereby amended by adding the following clause:-
(30)  consistent with chapter 21N, oversee state agency efforts to address and diminish the impacts of global warming by coordinating state agency actions to achieve the greenhouse gas emissions limits established in chapter 21N.

SECTION 4.  Said chapter 21A is hereby further amended by inserting after section 2 the following section:-
Section 2A.  Subject to appropriation, the secretary of energy and environmental affairs, in consultation with the secretary of housing and economic development, shall create and administer programs and incentives to foster manufacturing, development and research in the renewable energy and energy efficiency sectors. At a minimum, the secretary of energy and environmental affairs shall develop, subject to appropriation, seed grant partnerships for research and venture investment programs, which shall foster public/private partnerships between the state and the venture community.  This program shall provide grants to qualified university researchers and validation stage ventures, expand the field of energy-focused entrepreneurs and spark the cooperative development of commercial clean energy companies through increased venture investment. The program shall include but not be limited to a focus of providing grants to university energy research projects and early-stage energy ventures seeking validation of their science and intellectual property, and the establishment of an Energy Entrepreneur program.

SECTION 5.  Section 8 of said chapter 21A, as appearing in the 2006 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-
The department of environmental protection shall assist in the implementation of chapter 21N.

SECTION 6.  Section 16 of said chapter 21A, as so appearing, is hereby amended by adding the following paragraph:-
            Any person who fails to comply with or otherwise violates chapter 21N or any regulation adopted thereunder shall be liable for a civil administrative penalty not to exceed $25,000 for each day the violation continues.

SECTION 7.  The General Laws are hereby amended by inserting after chapter 21M the following chapter:-

CHAPTER 21N.
GLOBAL WARMING SOLUTIONS ACT.

Section 1.  For the purposes of this chapter, the following terms shall have the following meanings:
“Allowance”, an authorization to emit, during a specified year, up to 1 ton of carbon dioxide equivalent.
“Alternative compliance mechanism”, an action undertaken by a greenhouse gas emissions source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emissions reduction, that is approved by the department, and that is real, permanent, quantifiable, verifiable and enforceable.
“Carbon dioxide equivalent”, the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change.
“Department”, the department of environmental protection.
"Direct emissions", emissions from sources that are owned or operated, in whole or in part, by an entity or facility including, but not limited to, emissions from factory stacks, manufacturing processes and vents, and company-owned or company-leased motor vehicles.
“Direct emissions reduction”, a greenhouse gas emissions reduction action made by a greenhouse gas emissions source at that source.
“Emission”, emission of greenhouse gas into the air.
“Emissions reduction measure”, programs, measures, standards and alternative compliance mechanisms authorized pursuant to this chapter, applicable to sources or categories of sources, that are designed to reduce emissions of greenhouse gases.
"Entity", a person as defined in section 16 of chapter 21A that owns or operates, in whole or in part, a source of greenhouse gas emissions from a generator of electricity or a commercial or industrial site, which source may include, but not be limited to, a transportation fleet.
“Executive office”, the executive office of energy and environmental affairs.
"Facility", a building, structure or installation located on contiguous or adjacent properties of an entity.
"Greenhouse gas", any chemical or physical substance that is emitted into the air and that the department may reasonably anticipate will cause or contribute to climate change including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
“Greenhouse gas emissions limit”, an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the secretary, expressed in tons of carbon dioxide equivalents.
“Greenhouse gas emissions source”, any source, or category of sources, of greenhouse gas emissions with emissions that are at a level of significance, as determined by the executive office, that its participation in the program established under this chapter will enable the executive office to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit.
"Indirect emissions", emissions associated with the consumption of purchased electricity, steam and heating or cooling by an entity or facility.
“Leakage”, the offset of a reduction in emissions of greenhouse gases within the commonwealth by an increase in emissions of greenhouse gases outside the commonwealth.
“Market-based compliance mechanism”, (i) a system of market-based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases; or (ii)  greenhouse gas emissions exchanges, banking, credits and other transactions, governed by rules and protocols established by the executive office or the regional greenhouse gas initiative, that result in the same greenhouse gas emissions reduction, over the same time period, as direct compliance with a greenhouse gas emissions limit or emissions reduction measure adopted by executive office pursuant to this chapter.
“Secretary”, the secretary of energy and environmental affairs.
“Statewide greenhouse gas emissions”, the total annual emissions of greenhouse gases in the commonwealth, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in the commonwealth, accounting for transmission and distribution line losses, whether the electricity is generated in the commonwealth or imported, vehicle emissions and heating and cooling of buildings, expressed in tons of carbon dioxide equivalents.
“Statewide greenhouse gas emissions limit”, the maximum allowable level of statewide greenhouse gas emissions in a given year, as determined by the executive office pursuant to this chapter.
Section 2.  (a) The department shall monitor and regulate emissions of greenhouse gases with the goal of reducing those emissions.
(b) The department shall adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program.  The regulations shall:
(1)  establish a regional greenhouse gas registry and reporting system for greenhouse gas emission sources; provided, however, that in establishing the greenhouse gas registry and reporting system, the department may collaborate with other states or a regional consortium;
(2)  require the owner or operator of any facility that is required to report air emissions data to the department pursuant to Title V of the federal Clean Air Act and that has stationary emissions sources that emit greenhouse gases shall report annually to the regional registry direct stack emissions of greenhouse gases from such sources;
(3)  require the owner or operator of any facility that has stationary emissions sources that emit greenhouse gases in excess of 5,000 tons of greenhouse gases per year in carbon dioxide equivalents shall report annually to the regional registry direct emissions of greenhouse gases from such sources. The department shall develop a simplified estimation form to assist facilities in determining who must report emissions.  The secretary shall consider, on an annual basis, requiring the expansion of reporting to the regional greenhouse gas registry;
(4)  provide for the voluntary reporting of emissions of greenhouse gases to the regional greenhouse gas registry by entities and facilities that are not required to submit information pursuant to clauses (2) and (3) of this subsection but which do so on a voluntary basis; provided, however, that the greenhouse gas emissions reported shall be of a type and format that the regional greenhouse gas registry can accommodate;
(5)  account for greenhouse gas emissions from all electricity consumed in the commonwealth, including transmission and distribution line losses from electricity generated within the commonwealth or imported from outside the commonwealth; provided, however, that this requirement shall apply to all retail sellers of electricity, including electric utilities, municipal electric departments and municipal light boards as defined in section 1 of chapter 164A;
(6)  ensure rigorous and consistent accounting of emissions and provide reporting tools and formats to ensure collection of necessary data; and
(7) ensure that greenhouse gas emissions sources maintain comprehensive records of all reported greenhouse gas emissions.
(c) In furtherance of this section, the department shall:
(1) consult with the secretary on periodic review and updates of emission reporting requirements, as necessary;
(2) review existing and proposed international, federal and state greenhouse gas emissions reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this chapter and other programs and to streamline reporting requirements on greenhouse gas emissions sources; and
            (3) publish a state greenhouse gas emissions inventory every 3 years that includes comprehensive estimates of the quantity of greenhouse gas emissions in the state for the last 3 years in which data is available.
Section 3.  Emissions levels and limits associated with the electric sector shall be established by the executive office and the department 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.
Section 4.  (a)  The secretary shall adopt a plan for achieving a 2020 statewide greenhouse gas emissions limit. The secretary shall consult with all state agencies and regional authorities and agreements with jurisdiction over sources of greenhouse gases on all elements of the statewide greenhouse gas emissions limit and plan that pertain to energy related matters including, but not limited to, electrical generation, load based-standards or requirements, the provision of reliable and affordable electrical service, and statewide fuel supplies, vehicle emissions and heating and cooling of buildings to ensure the greenhouse gas emissions reduction activities to be adopted and implemented by the secretary are complementary, non-duplicative, and can be implemented in an efficient and cost-effective manner
(b) The secretary shall analyze the feasibility of measures to meet the 2020 statewide greenhouse gas emissions limit.  Such measures shall include, but not be limited to, direct emissions reduction measures, alternative compliance mechanisms, market-based compliance mechanisms and potential monetary and nonmonetary incentives for sources and categories of sources that the secretary finds are necessary or desirable to facilitate the achievement of reductions of statewide greenhouse gas emissions limits.
(c) The secretary shall consider all relevant information pertaining to greenhouse gas emissions reduction programs in California, Canada, the European Union and any other states, localities and nations.
(d) The secretary shall evaluate the total potential costs and total potential economic and noneconomic benefits of various reduction measures to the economy, the environment and the public health, using the best available economic models, emissions estimation techniques and other scientific methods.
(e) The secretary shall take into account the relative contribution of each source or source category to statewide greenhouse gas emissions and shall recommend a de minimis threshold of greenhouse gas emissions below which emissions reduction requirements shall not apply.
(f) The secretary shall identify opportunities for emissions reduction measures from all verifiable and enforceable voluntary actions.
(g) The secretary shall conduct public hearings to provide interested parties with an opportunity to comment on a proposed implementing plan. The secretary shall conduct a portion of the workshops in regions that have the most significant exposure to air pollutants including, but not limited to, communities with minority populations, communities with low-income populations or both.
(h) The secretary shall update its plan for achieving the maximum technologically feasible reductions of greenhouse gas emissions at least once every 5 years, including the plans to implement the 2030, 2040 and 2050 statewide emissions limits.
Section 5.  (a) The executive office shall monitor the implementation of regulations relative to global warming, and shall publish a report and recommendations regarding such implementation.  The report shall include a discussion of the following:
(1) whether regulations or other measures undertaken, including distribution of emissions allowances, are equitable and minimize costs and maximize the total benefits to the commonwealth, and encourage early action to reduce greenhouse gas emissions;
(2) whether activities undertaken to comply with state regulations and efforts disproportionately impact low-income communities;
(3) whether entities that have voluntarily reduced their greenhouse gas emissions prior to the implementation of this section receive appropriate credit for early voluntary reductions;
(4) whether activities undertaken pursuant to the regulations complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and reduce toxic air contaminant emissions;
(5) consider overall societal benefits, including reductions in other air pollutants, diversification of energy sources, and other benefits to the economy, environment, and public health;
(6) whether state actions minimize the administrative burden of implementing and complying with these regulations;
(7) whether state actions minimize leakage;
(8) consider the significance of the contribution of each source or category of sources to statewide emissions of greenhouse gases;
(9) whether greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable; and
(10)  recommendations for future policy action, including legislation or other action.
(b) The report  shall be updated and re-issued every 5 years.  The secretary shall file the report with the clerk of the house of representatives, the clerk of the senate, the house and senate committee on ways and means, the joint committee on telecommunications, utilities and energy and the joint committee on the environment, natural resources and agriculture. 
Section 6.  In developing its plan for achieving the statewide greenhouse gas emissions limits, the commonwealth and its agencies shall promulgate regulations that reduce energy use, increase efficiency and encourage renewable sources of energy in the sectors of energy generation, buildings and transportation. 
Section 7.  (a)  The secretary, in consultation with fiscal agencies of the commonwealth, may consider the use of market-based compliance mechanisms to address global warming concerns.
(b) Prior to the inclusion of any market-based compliance mechanism, to the extent feasible and in furtherance of achieving the statewide greenhouse gas emissions limit, the secretary shall:
(1) consider the potential for direct, indirect and cumulative emission impacts from these mechanisms, including localized impacts in communities that are already adversely impacted by air pollution;
 (2) design any market-based compliance mechanism to prevent any increase in the emissions of toxic air contaminants or criteria air pollutants, with particular attention paid to emissions of nitrous oxide, sulfur dioxide and mercury; and
 (3) maximize additional environmental and economic benefits, as appropriate.
(c) The secretary may adopt regulations governing how market-based compliance mechanisms may be used by regulated entities subject to greenhouse gas emissions limits and mandatory emission reporting requirements to achieve compliance with their greenhouse gas emissions limits.
(d) The executive office and the department may work with states participating in the Regional Greenhouse Gas Initiative, and other interested states and Canadian provinces to develop a plan to expand market-based compliance mechanisms such as the Regional Greenhouse Gas Initiative to other sources and sectors necessary or desirable to facilitate the achievement of the greenhouse gas emissions limits.
(e)  The executive office shall monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure or market-based compliance mechanism adopted by the executive office or a department pursuant to this chapter.  The department shall impose a civil administrative penalty consistent with section 16 of chapter 21A for a violation, by either an incorporated entity or an individual, of a rule, regulation, order, emissions limitation, emissions reduction measure or other measure adopted by the executive office pursuant to this chapter.
Section 8.  The secretary shall convene an advisory committee, of at least 5 members, to advise him in overseeing all greenhouse emissions reduction. The advisory committee shall consist of representatives from communities with the most significant exposure to air pollution including, but not limited to, communities with minority populations or low-income populations or both, representatives of organizations with expertise in environmental protection, representatives of organizations with expertise in energy efficiency and renewable energy and representatives of organizations doing business in the commonwealth.
            Section 9.   The secretary shall appoint an economic and technology advancement advisory committee to advise the executive office on activities to facilitate investment in and implementation of technological research and development opportunities including, but not limited to, identifying new technologies, research, demonstration projects and funding opportunities, developing state, national and international partnerships and technology transfer opportunities and identifying and assessing research and advanced technology investment and incentive opportunities to assist in the reduction of greenhouse gas emissions. The committee may also advise the executive office on state, regional, national, and international economic and technological developments related to greenhouse gas emission reductions.
Section 10.  Nothing in this chapter shall affect the authority of the commonwealth utilities commission.
Nothing in this chapter shall affect the obligation of an electrical utility to provide customers with safe and reliable electric service.
            Section 11.  No permit shall be granted for the construction of a new power plant or expansion of any existing power plant where the power plant would have an emissions rate of more than 1,100 pounds of carbon dioxide per megawatt-hour.  In addition, technologies for electric generation that qualify for energy portfolio standards shall have a net emissions rate not to exceed the emissions rate of a new natural gas combined cycle power plant, inclusive of all emissions related to thermal delivery, combustion, gasification, fuel processing and sequestration, whether or not such activities occur at the generating source or at another location.
Section 12.  (a)  For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
            “Adaptation”, programs, projects and policies designed to strengthen, protect and restore habitat and improve the ability of plant and animal species and natural communities to adapt to and survive to climate change.
            “Board”, the climate change advisory board established in subsection (c).
            “Built environment”, buildings, roads, fixtures, parks and all other structures and improvements, including all buildings, spaces and products that are created or modified by people.
            “Habitat”, a natural area which, due to its physical or biological features, provides critical elements for the growth and survival of plants or animals including but not limited to, natural areas for breeding, feeding, resting and migrating; provided, however that physical or biological features of habitat include, but are not limited to, structure and composition of vegetation; faunal community; soils; water chemistry and quality; and geologic, hydrologic, and microclimatic factors.
(b) (1) The secretary, in consultation with the climate change advisory board established pursuant to subsection (c), shall promulgate a written climate change adaptation plan, subject to periodic revision. 
(2)  The plan shall include a comprehensive assessment of the statewide impacts of climate change on terrestrial, freshwater, estuarine, coastal and marine habitat and the built environment.  
(3)  The plan shall be used to develop and implement a statewide climate change adaptation program. The program shall ensure that state agencies integrate adaptation into agency planning, projects, programs and policies.  The plan shall consist of the following components: (i) research and assessment to assess adaptation projects and programs to enable animals, plants and natural communities and the built environment to adapt to climate change based on the best available science and data; (ii) prioritization to identify and protect animals, plants, natural communities and elements of the built environment most adversely affected by climate change based on the best available science and data; (iii) program and policy development to integrate the plan into state agency programs and policies; (iv) budget to review existing public funding sources and develop budget recommendations; and (v) implementation to implement the plan and assess the effectiveness of the plan once implemented. 
(4)  The executive office of energy and environmental affairs shall provide opportunities for public input during the development and implementation of the plan.
 (c)  The climate change adaptation advisory board to assist the secretary in developing and implementing the plan shall include the secretary, or his designee, who shall serve as chair; the commissioner of energy resources, or his designee; the commissioner of fish and game, or his designee; the commissioner of conservation and recreation, or his designee; the commissioner of environmental protection, or his designee and the commissioner of agricultural resources, or his designee; and 7 persons to be appointed by the governor, 1 of  whom shall be a representative of the Massachusetts Municipal Association; and 1 of whom shall be a representative of a regional planning agency.  For the remaining 5 persons to be appointed by the governor, each of the following organizations will each nominate 1 candidate and submit the name of the candidate to the secretary:  the Nature Conservancy, Massachusetts Audubon Society, the Trustees of Reservations, Environmental League of Massachusetts, Appalachian Mountain Club, Trust for Public Land, the Union of Concerned Scientists and Environment Northeast.  Of the 8 names received by the secretary, the secretary shall select 5 names and submit those names to the governor so that the governor may appoint them to the advisory board.

SECTION 8.  Chapter 23 of the General Laws is hereby amended by inserting after section 3A the following section:-
            Section 3B.  Subject to appropriation, the secretary of labor and workforce development, in consultation with the secretary of energy and environmental affairs, shall establish and administer programs and incentives to foster manufacturing and development in the renewable energy and energy efficient sectors.  At a minimum, the secretary of labor and workforce development shall develop, subject to appropriation, energy efficiency and renewable energy workforce development and training programs to increase the number of trained skilled workers in the economic sectors of emerging clean energy, renewable energy, energy efficiency and demand resources. The program shall develop a plan to address clean energy labor demands. The program shall provide training for low-income and disadvantaged adults.  The program shall be designed to promote growth of the clean energy economy by identifying and maintaining well-trained skilled workers and addressing emerging skills gaps in the clean energy industry.  The program shall include, but not be limited to, providing grants to state universities, state colleges, community colleges, vocational and technical schools and organized labor for educational and certification programs targeted at both engineering and technical needs in the cluster and serving end-user needs.

SECTION 9.  Chapter 29 of the General Laws, as so appearing, is hereby amended by inserting after section 2XXX the following section:-
Section 2YYY.  There shall be established and set up on the books of the commonwealth a separate fund to be known as the Green Building Revolving Loan Fund.  There shall be credited to the fund all revenues or other financing sources directed to it by appropriation, any income derived from the investing of amounts credited to the fund and the monies from the repayment of loans from the fund.  Monies credited to the fund may be expended by the executive office of energy and environmental affairs, without further appropriation, for loans to provide low-interest financing for new construction or major renovation projects that exceed the energy efficiency requirements of the state building code by 30 per cent.

SECTION 10.  Section 61 of chapter 30 of the General Laws is hereby amended by inserting after the first paragraph, as appearing in the 2006 Official Edition, the following paragraph:-
In considering and issuing permits, licenses and other administrative approvals and decisions, the respective agency, department, board commission or authority shall consider reasonably foreseeable climate change impacts such as additional greenhouse gas emissions, and effects such as predicted sea level rise, shall be taken into consideration.

SECTION 11.  Section 142K of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out subsection (h) and inserting in place thereof the following 2 subsections:-
(h)  The department of environmental protection shall adopt a low carbon fuel standard for transportation fuels. The standard shall apply to all providers of transportation which, for the purposes of this subsection shall include refiners, blenders, producers and importers.  The standard shall be measured on a full fuels cycle basis and may be met through market-based methods by which providers exceeding the performance required by a standard shall receive credits that may be applied to future obligations, or traded to providers not meeting the standard.  The process for establishing the standard shall be as follows:
(1) The department of environmental protection, in consultation with the department and the executive office of transportation, shall adopt regulations establishing a low carbon fuel standard for all motor vehicle fuels sold in the commonwealth.  Such regulations shall establish a declining standard for greenhouse gas emissions measured in CO2-equivalent gram per unit of fuel energy sold, sufficient to achieve a 10 per cent reduction in the carbon content of all passenger vehicle fuels sold in the commonwealth by 2020.
(2) The department of environmental protection and the executive office of transportation shall examine the regulations and implementation of a low carbon fuel standard in California and other states and consider ways to coordinate and issue public findings on both such matters, and shall, if applicable, use the life-cycle analysis methods employed by the California Air Resources Board to determine the carbon intensity of fuel.
(3) The department of environmental protection and the executive office of transportation shall examine the possibility of a regional approach to implementing the low carbon fuel standard and issue public findings on such matter. 
(i)  The responsibilities hereunder shall be in addition to all other responsibilities imposed by any other general or special law or rule or regulation.

SECTION 12.  The department of environmental protection shall adopt regulations pursuant to section 2 of chapter 21N of the General Laws not later than January 1, 2009.

SECTION 13.  The first reports required to be filed pursuant to clauses (2) and (3) of subsection (b) of section 2 of chapter 21N of the General Laws shall be filed not later than April 15, 2009.

SECTION 14.  The department of environmental protection shall provide for the voluntary reporting of greenhouse gas emissions to the regional greenhouse gas registry pursuant to clause (4) of subsection (b) of section 2 of chapter 21N of the General laws not later than July 1, 2009.

SECTION 15.  The department shall account for greenhouse gas emissions from electricity consumed in the commonwealth pursuant to clause (5) of subsection (b) of section 2 of chapter 21N of the General Laws not later than July 1, 2009.

SECTION 16.  The first statewide greenhouse gas emissions inventory under clause (3) of subsection (c) of section 2 of chapter 21N of the General Laws shall be completed not later than December 31, 2010.

SECTION 17.  (a) Not later than July 1, 2009, the department of environmental protection shall, after notice and opportunity for all interested parties to comment at a public hearing, determine what the statewide greenhouse gas emissions level was in 1990 and may reasonably project what that emissions level will be in 2020 if no measures are imposed to lower emissions other than those formally adopted and implemented as of January 1, 2009.  This projection shall be referred to as the projected 2020 level.  
(b)  The secretary of energy and environmental affairs, in consultation with the department, shall adopt statewide greenhouse gas emissions limits according to the following:-
            (1)  The 2020 statewide greenhouse gas emissions limit shall be 20 per cent below the 1990 level; provided, however, that not later than January 1, 2010, the secretary shall adopt a plan to achieve that level in accordance with section 4 of chapter 21N of the General Laws. 
            (2)  The secretary shall adopt interim 2030 and 2040 statewide greenhouse gas emissions limits accompanied by plans to achieve those limits in accordance with said section 4 of said chapter 21N.  The 2030 and 2040 statewide green house gas emissions limits shall maximize the ability of the state to meet the 2050 statewide emissions limit.
(3)  The 2050 statewide greenhouse gas emissions limit shall be 80 per cent below the 1990 level. The executive office of energy and environmental affairs shall adopt incremental reduction targets for the years 2010 to 2019, inclusive, and 2021 to 2050, inclusive, that shall maximize the ability of the state to meet the statewide emissions limits.
(b) In furtherance of achieving the statewide greenhouse gas emissions limit by January 1, 2011, 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, applicable from January 1, 2012, to December 31, 2020, inclusive, that are sufficient to meet the targets established in this section.

SECTION 18.  The secretary of energy and environmental affairs shall adopt a plan for achieving a 2020 statewide greenhouse gas emissions limit pursuant to section 4 of chapter 21N of the General Laws not later than January 1, 2010.

SECTION 19.  The executive office of energy and environmental affairs shall publish its first report pursuant to subsection (a) of section 5 of chapter 21N of the General Laws not later than January 1, 2014.

SECTION 20.  The executive office of energy and environmental affairs shall complete the climate change adaptation plan pursuant to section 12 of chapter 21N of the General Laws not later than 18 months after the effective date of this act.

SECTION 21.  The low carbon fuel standard for transportation fuels to be adopted pursuant to subsection (h) of section 142K of chapter 111 of the General Laws shall be completed not later than June 30, 2009; provided, however, that regulations establishing a low carbon fuel standard for all motor vehicle fuels pursuant to said subsection (h) shall be adopted not later than January 1, 2009.

SECTION 22.  Nothing in this act shall restrict the executive office from adopting greenhouse gas emissions limits or emissions reduction measures before January 1, 2010, imposing those limits or measures before January 1, 2012 or providing early reduction credit where appropriate, nor shall anything in this act prevent the imposition of more stringent limits on emissions.