MA Gen L ch 21n § 1 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 21n - Climate Protection and Green Economy Act|Section 1 - Definitions

  Section 1. As used in this chapter the following words shall have the following meanings unless the context clearly requires otherwise:--  "Adaptation'', adjustments in natural or human systems in response to actual or expected climatic stimuli and associated impacts, including but not limited to changes in processes, practices and protocols to increase resiliency of built and natural structures, moderate potential damages or benefit from opportunities associated with climate change.  "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 emission 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.[ Definition of "Direct emissions'' effective until June 24, 2021. For text effective June 24, 2021, see below.]  "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.[ Definition of "Direct emissions'' as amended by 2021, 8, Sec. 1 effective June 24, 2021. For text effective until June 24, 2021, see above.]  "Direct emissions'', emissions from sources that are owned or operated, in whole or in part, by any person, entity or facility including, but not limited to, emissions from transportation or heating fuels or from any building, structure, distribution system or residential, commercial, institutional, industrial, waste management, agricultural or manufacturing process.  "Direct emissions reduction'', a greenhouse gas emission reduction action made by a greenhouse gas emissions source at that source.  "Emission'', emission of a greenhouse gas into the air.  "Emissions reduction measures'', 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 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 including, but not 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.[ Definition of "Greenhouse gas emission source'' effective until June 24, 2021. For text effective June 24, 2021, see below.]  "Greenhouse gas emissions source'', a source, or category of sources, of greenhouse gas emissions with emissions that are at a level of significance, as determined by the secretary, that its participation in the program established under this chapter will enable the secretary to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit.[ Definition of "Greenhouse gas emissions source'' as amended by 2021, 8, Sec. 2 effective June 24, 2021. For text effective until June 24, 2021, see above.]  "Greenhouse gas emissions source'', a source, or category of sources, of greenhouse gas emissions, including but not limited to greenhouse gas emissions from transportation fuels, heating fuels, or electricity that are used, distributed, consumed, combusted, or sold into the commonwealth, with emissions that are at a level of significance, as determined by the secretary, such that its inclusion in the programs and initiatives established under this chapter will enable the secretary to effectively reduce greenhouse gas emissions and ensure compliance with the statewide greenhouse gas emissions limits and sublimits; provided, however, that when used in relation to the regulation of emissions, a person or entity that sells or distributes transportation fuels, heating fuels, or electricity may be considered to be the source of greenhouse gas emissions from the use, distribution, consumption, combustion, or sale of such fuels or electricity.  "Hazard mitigation'', any action that reduces or eliminates long-term risks caused by natural or man-made disasters.[ Definition of "Indirect emissions'' effective until June 24, 2021. For text effective June 24, 2021, see below.]  "Indirect emissions'', emissions associated with the consumption of purchased electricity, steam and heating or cooling by an entity or facility.[ Definition of "Indirect emissions'' as amended by 2021, 8, Sec. 3 effective June 24, 2021. For text effective until June 24, 2021, see above.]  "Indirect emissions'', emissions associated with the consumption of any purchased electricity, fuel, steam and heating or cooling by a person, an entity or a facility in the commonwealth.  "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.[ Definition of "Market-based compliance mechanism'' effective until June 24, 2021. For text effective June 24, 2021, see below.]  "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 secretary 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 emission reduction measure adopted by the executive office pursuant to this chapter.[ Definition of "Market-based compliance mechanism'' as amended by 2021, 8, Sec. 4 effective June 24, 2021. For text effective until June 24, 2021, see above.]  "Market-based compliance mechanism'', any form of market-based or priced compliance system imposed on sources or categories of sources of greenhouse gas emissions, or any pricing mechanism imposed directly on greenhouse gas emissions sources or on their distribution or sale, designed to reduce emissions as required by this chapter, which shall include, but not be limited to: (i) a system of market-based declining aggregate emissions limitations for sources or categories of sources that emit greenhouse gases; (ii) greenhouse gas emissions exchanges, banking, credits and other transactions governed by rules and protocols established by the secretary and the department, the regional greenhouse gas initiative or other similar multi-jurisdictional program that results in greenhouse gas emissions reductions; or (iii) a system of charges or exactions imposed to reduce statewide greenhouse gas emissions, in whole or in part.[ Definition of "Natural and working lands'' inserted following definition of "Market-based compliance mechanism'' by 2021, 8, Sec. 4 effective June 24, 2021. For text effective until June 24, 2021, see above.]  "Natural and working lands'', lands within the commonwealth that: (i) are actively used by an agricultural owner or operator for an agricultural operation that includes, but is not limited to, active engagement in farming or ranching; (ii) produce forest products; (iii) consist of forests, grasslands, freshwater and riparian systems, wetlands, coastal and estuarine areas, watersheds, wildlands or wildlife habitats; or (iv) are used for recreational purposes, including parks, urban and community forests, trails or other similar open space land.  "Nature-based solutions'', strategies that conserve, create, restore and employ natural resources to enhance climate adaptation, resilience and mitigation to mimic natural processes or work in tandem with man-made engineering approaches to address natural hazards like flooding, erosion, drought and heat islands and to maintain healthy natural cycles to sequester and maintain carbon and other greenhouse gases.  "Person'', an agency or political subdivision of the commonwealth, a state, public or private corporation or authority or an individual, trust firm, joint stock company, partnership, association or other entity or group thereof or an officer, employee or agent thereof.  "Secretary'', the secretary of energy and environmental affairs.  "State plan'', the integrated state climate adaptation and hazard mitigation plan which shall include the state hazard mitigation plan, required by the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, 42 U.S.C. section 5121, et seq., and any subsequent revisions of the plan developed pursuant to this chapter.  "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; provided, however, that statewide greenhouse gas emissions shall be 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 secretary.  "Vulnerability assessment'', an evaluation of degree of susceptibility to, or ability to cope with, adverse effects of climate change, such as climate variability and extremes, including an evaluation of adaptive capacity and subsequent adaptation strategies and options for the asset, system, institution or other subject being assessed.