Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 SEPTEMBER 2016

DOER's Solar Incentive Straw Proposal: Optimism, Anxiety, Uncertainty.

Foley Hoag LLP
Explore more from Foley Hoag LLP

On September 23, DOER presented a straw proposal for the next phase of Massachusetts solar incentives.

United StatesEnergy and Natural Resources
Zachary Gerson
Zachary Gerson
Author LinkedIn connections

On September 23, DOER presented a straw proposal for the next phase of Massachusetts solar incentives. DOER's ambitious proposal for a tariff-based program reflects a thoughtful development process and a laudable goal of crafting a program that is more efficient at promoting sustained solar deployment. There is plenty to like. But, DOER has bitten off quite a mouthful by proposing a structure that departs so dramatically from the SREC approach. Massachusetts stakeholders have seven years of experience with SRECs; a tariff-based program will be something new.

Given the novelty and complexity of DOER's proposal, the biggest concern among solar developers may not be that DOER is unable to design a workable new program, but that DOER is unable to complete the design and implementation of its new program in time to avoid a period of policy uncertainty that stalls the development of new projects. Even aside from worry about an actual gap in incentive eligibility between the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DOE’s AFFO Announces Intent To Award Up To $60 Million For Innovative Chemical, Fuel, And Fertilizer Technologies

The U.S. Department of Energy's Alternative Fuels and Feedstocks Office plans to award up to $60 million for projects that expand domestic energy production through innovative chemicals, fertilizers, fuels, and feedstock technologies. The funding opportunity will focus on three key areas: biointermediate depots, refinery integration with alternative feedstocks, and hydrogen/natural gas blending pilot sites. Applications are expected to open in November 2026 for research, development, and scale-up projects l
United StatesEnergy and Natural Resources
Bergeson & Campbell
Bergeson & Campbell
Article

Massachusetts Issues Guidance On Data Center Development Under Executive Order 658

Massachusetts Governor Maura Healey has issued Executive Order 658, establishing comprehensive permitting and regulatory standards for data centers exceeding 25 MW of peak electricity demand. The Order mandates community benefits agreements, clean energy procurement protocols, and coordination across multiple state agencies to ensure responsible development that protects ratepayers, communities, and the environment. This action positions Massachusetts alongside other states implementing stricter oversight o
United StatesEnergy and Natural Resources
Sheppard
Sheppard
Article

California Enacts Seven Data Center Bills, Effective January 1, 2027: New Tariff, Entitlement, And Disclosure Rules For Hyperscalers, Developers, And Power Producers

California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.
United StatesEnergy and Natural Resources
Foley & Lardner LLP
Foley & Lardner LLP
Article

Texas Gov. Abbott Directs Data Center Audit; ERCOT Pauses Interconnection Process In Response

Texas Governor Greg Abbott has directed state regulators to conduct a comprehensive audit of data center projects seeking grid access, while ERCOT has paused its Batch Zero interconnection process. This regulatory shift introduces immediate uncertainty for developers regarding timelines, financing, and project approvals, signaling that political engagement has become as critical as securing land and power in the Texas data center market.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

President Trump Signs Legislation Enacting Phased Elimination Of Federal Tax Credits For New Clean Energy Projects; Directs Treasury To "Strictly Enforce" Credit Termination For Solar And Wind Facilities

The Act restores the ITC eligibility of qualified fuel cell property that begins construction after 2025. Under the IRA, qualified fuel cell property was required to have begun construction prior to 2025 in order to be eligible for the ITC.
United StatesEnergy and Natural Resources
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

Senate Unveils Bipartisan Comprehensive Permitting Reform Bill

On September 30, 2026, Senate Environment and Public Works (EPW) Committee Chair Shelley Moore Capito (R-WV), Ranking Member Sheldon Whitehouse (D-RI), Senate Energy and Natural Resources (ENR) Committee Chair Mike Lee (R-UT), and Ranking Member Martin Heinrich (D-NM) unveiled the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA; S. 5653), a comprehensive permitting reform package aimed at accelerating approvals for energy, infrastructure, transmission, mining, manufacturing, and other major projects. The legislation represents the most significant bipartisan permitting reform effort in years and follows months of negotiations between Senate Republicans and Democrats.
United StatesEnergy and Natural Resources
Akin
Akin
Article

California Requires Disclosure Of AI-Generated People In Advertising

California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.
United StatesMedia, Telecoms, IT, Entertainment
Foley Hoag LLP
Foley Hoag LLP
Article

Virginia’s Initial Draft Of Adult-use Marijuana Regulations – What You Should Know And What Questions Remain

Virginia's Cannabis Control Authority has released its initial draft of adult-use marijuana regulations, outlining application fees, license caps, and the approval process for the state's anticipated July 2027 launch of recreational cannabis sales. While the draft provides crucial details on licensing requirements and ownership restrictions, significant questions remain about the application timeline and evaluation criteria that will determine which entities receive coveted permits.
United StatesConsumer Protection
Foley Hoag LLP
Foley Hoag LLP
Article

Rising Cyberattacks On U.S. Water Infrastructure: Federal Guidance And Next Steps For Operators

Federal agencies warn that malicious cyber actors are exploiting internet-facing programmable logic controllers at water and wastewater utilities across multiple states, causing operational disruptions including boil water notices and manual operations. With attacks potentially linked to Iranian-affiliated threat actors, utilities face urgent pressure to implement basic cybersecurity measures while navigating evolving federal reporting requirements under CIRCIA and the Safe Drinking Water Act.
United StatesTechnology
Foley Hoag LLP
Foley Hoag LLP
Article

FDA Holds Landmark Public Hearing On The Future Therapeutic Use Of Psychedelic Drugs

The FDA, in collaboration with federal partners, held a landmark public hearing on September 14, 2026, to gather input on the future therapeutic use of psychedelic drugs, drawing over 18,000 registered attendees. This hearing represents one of the earliest implementations of Executive Order 14401, which directs federal agencies to expedite research, review, and approval of psychedelic drugs for serious mental health conditions.
United StatesFood, Drugs, Healthcare, Life Sciences
Foley Hoag LLP
Foley Hoag LLP
Article

UPDATE: DEA Publishes Registration Applications For Medical Marijuana Manufacturers, Distributors, And Analytical Labs

The DEA has opened new registration portals for medical marijuana manufacturers, distributors, and analytical labs, expanding beyond the dispensary registration that became available earlier this year. These applications require extensive business information and background disclosures, with fees ranging from $296 to $3,699, and may provide significant compliance and commercial benefits for cannabis businesses operating under state medical marijuana programs.
United StatesGovernment, Public Sector
Foley Hoag LLP
Foley Hoag LLP
Article

OCC Proposes BSA/AML And Sanctions Compliance Standards For Permitted Payment Stablecoin Issuers Under The GENIUS Act

The Office of the Comptroller of the Currency has proposed new regulations that would impose Bank Secrecy Act and sanctions compliance requirements on permitted payment stablecoin issuers under its jurisdiction. This rulemaking, coordinated with FinCEN and OFAC, establishes anti-money laundering, counter-terrorism financing, and sanctions program standards for stablecoin issuers as part of the broader implementation of the GENIUS Act framework.
United StatesFinance and Banking
Foley Hoag LLP
Foley Hoag LLP