Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The Energy Facilities Siting Board will hold a public meeting on Sept. 8 to discuss draft regulations related to implementation of a clean energy and climate law passed last November.
The independent state board, supported administratively by the Department of Public Utilities, reviews proposals for power plants, electric transmission projects, intra-state gas pipelines, and natural gas storage tanks.
Last year’s climate law calls for the Energy Facilities Siting Board to play a key role in developing a new streamlined, consolidated application and review process for clean energy infrastructure facilities.
The law requires the state to promulgate regulations and guidance to implement the new policies by March 1, 2026.
The DPU, EFSB, and Executive Office of Energy and Environmental Affairs held stakeholder sessions earlier this year to get feedback on state and local permitting topics.
The EFSB held a meeting in July to discuss its possible approaches to a new regulatory framework and its response to public input. At the meeting, the board unveiled draft proposed regulation, which can be viewed on the EFSB’s July regulations meeting website, along with a recording of the meeting and the slides presented.
The Sept. 8 meeting will include presentations on revisions to the proposals listed above and provide an opportunity for public comment, time permitting. The board is expected to initiate a formal rulemaking process with additional opportunities for written and oral comments.
Revised draft regulations are expected to be made available prior to the next meeting.
More information about the clean energy siting and permitting reform process can be found on the Energy Infrastructure Siting and Permitting Reforms website, and questions can be directed to [email protected].
Permitting for small projects
A new Clean Energy Siting and Permitting Division within the Department of Energy Resources is developing a new consolidated permitting process for local governments that would apply to clean energy generation projects under 25 megawatts and clean energy storage projects under 25 megawatt hours.
The Clean Energy Siting and Permitting Division is expected to publish draft regulations for these small projects and hold public hearings this fall. The draft is expected to be informed by the EFSB regulatory process detailed above.
Under the new process, municipal governments will have 12 months to review an application and issue a decision on a project proposal. Should a local government not issue a decision within 12 months, the project will automatically receive constructive approval. A common application will be available for applicants to fill out, as opposed to separate applications for individual municipal boards or departments.
A municipal decision must be issued within a single permit that incorporates all necessary local approvals. An appeal would be possible only for that single permit, not for individual board or department decisions within it.
The climate law calls for the EFSB to adjudicate all appeals within six months. Appeals of an EFSB decision would go directly to the Massachusetts Supreme Judicial Court.
The division’s siting and permitting regulations homepage has more information on the DOER’s role in the process. The division has hired four siting and permitting regional coordinators, who can be contacted with questions. The team is responsible for providing technical assistance to municipalities, project proponents, and other stakeholders, but will not be involved in reviewing or permitting projects, or in the appeal of local decisions.
Questions and feedback on the division’s work regarding siting and permitting of small clean energy infrastructure projects by local governments may be sent to [email protected].