Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3187 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 4024 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3187
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adrian C. Madaro
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to energy facilities siting improvement to address environmental justice, climate,
13	13	and public health.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Adrian C. Madaro1st Suffolk1/20/2023Sal N. DiDomenicoMiddlesex and Suffolk1/25/2023David Henry Argosky LeBoeuf17th Worcester1/30/2023Jack Patrick Lewis7th Middlesex1/30/2023Vanna Howard17th Middlesex1/31/2023Lindsay N. Sabadosa1st Hampshire2/1/2023Samantha Montaño15th Suffolk2/2/2023David M. Rogers24th Middlesex2/3/2023Rodney M. Elliott16th Middlesex2/13/2023David Paul Linsky5th Middlesex2/13/2023John J. CroninWorcester and Middlesex2/13/2023Frank A. Moran17th Essex2/13/2023Thomas M. Stanley9th Middlesex2/13/2023James K. Hawkins2nd Bristol2/13/2023Michelle M. DuBois10th Plymouth2/13/2023James C. Arena-DeRosa8th Middlesex2/13/2023Margaret R. Scarsdale1st Middlesex2/13/2023 2 of 2
17	17	Tackey Chan2nd Norfolk2/13/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/13/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/13/2023James B. EldridgeMiddlesex and Worcester2/13/2023Sean Garballey23rd Middlesex2/13/2023William C. Galvin6th Norfolk2/13/2023Kate Donaghue19th Worcester2/15/2023Rob Consalvo14th Suffolk2/15/2023Tram T. Nguyen18th Essex2/15/2023Edward R. Philips8th Norfolk2/21/2023Brian W. Murray10th Worcester2/21/2023Kenneth I. Gordon21st Middlesex2/21/2023Carol A. Doherty3rd Bristol2/21/2023John Barrett, III1st Berkshire2/21/2023Natalie M. Higgins4th Worcester2/24/2023Simon Cataldo14th Middlesex3/6/2023Carmine Lawrence Gentile13th Middlesex3/7/2023 1 of 19
18	18	HOUSE DOCKET, NO. 4024 FILED ON: 1/20/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 3187
20	20	By Representative Madaro of Boston, a petition (accompanied by bill, House, No. 3187) of
21	21	Adrian C. Madaro and others relative to energy facilities siting improvement to address
22	22	environmental justice, climate, and public health. Telecommunications, Utilities and Energy.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to energy facilities siting improvement to address environmental justice, climate,
29	29	and public health.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 69J¼ of Chapter 164 is amended by inserting the following two
33	33	2paragraphs after the first paragraph:-
34	34	3 Prior to an applicant submitting a petition to construct a facility or generating facility
35	35	4pursuant to this section or petition for construction pursuant to Section 69J or petition for
36	36	5construction of transmission lines pursuant to Section 71, a petitioner must develop a preliminary
37	37	6project statement about the facility that includes detailed information about the need, public
38	38	7health, environmental, and climate risks and burdens, environmental, energy, economic, and
39	39	8health benefits for communities within five miles of the facility. As part of this statement, the
40	40	9applicant must identify the location of all environmental justice populations within five miles of
41	41	10the facility. The project statement shall include a statement of reasonable alternatives, such as
42	42	11different designs and locations to avoid and minimize damage to the environment and public
43	43	12health. Prior to filing a petition to the siting board, the preliminary project statement shall be 2 of 19
44	44	13shared with community-based organizations, elected officials, and civic organizations who will
45	45	14potentially be impacted by the project located within five miles, posted to a public website, and
46	46	15translated into multiple languages, as relevant to the local populations. Within 30 days of
47	47	16submitting that statement, the project proponent shall invite community-based organizations,
48	48	17local elected officials, the director of environmental justice at the executive office of energy and
49	49	18environmental affairs, and director of the energy facilities siting board to a meeting to review the
50	50	19proposed project. An applicant shall make adjustments to the project that address environmental
51	51	20justice population concerns about safety, public health, location, or mitigation, or abandon plans
52	52	21to file its petition to the board. These tasks may be satisfied through procedures completed
53	53	22during environmental review pursuant to chapter 30, sections 61 through 62H. The Secretary of
54	54	23the Executive Office of Energy and Environmental Affairs, through a Massachusetts
55	55	24Environmental Policy Act Certificate shall determine whether an applicant made adjustments to
56	56	25the project that address environmental justice population concerns about safety, public health,
57	57	26location, or mitigation.
58	58	27 SECTION 2. Section 69H of chapter 164 shall be amended by striking the first paragraph
59	59	28and replacing it with the following two paragraphs:
60	60	29 -There is hereby established an energy facilities siting board within the department, but
61	61	30not under the supervision or control of the department. Said board shall implement the provisions
62	62	31contained in sections 69H to 69Q, inclusive, so as to provide a reliable energy supply for the
63	63	32commonwealth with a minimum impact on the environment and public health, and with a
64	64	33minimum impact on the overall wellbeing of residents located within two miles of the project at
65	65	34the lowest possible cost after these impacts are considered. To accomplish this, the board shall
66	66	35review the historic impacts of nearby industrial operations and undesirable land uses on 3 of 19
67	67	36environmental justice populations, environmental, climate, and public health impacts, the need
68	68	37for and the cost of transmission lines, natural gas pipelines, facilities for the manufacture and
69	69	38storage of gas, and oil facilities; provided, however, that the board shall review only the
70	70	39environmental impacts of generating facilities, consistent with the commonwealth’s policy of
71	71	40allowing market forces to determine the need for and cost of such facilities. Such reviews shall
72	72	41be conducted consistent with section 69J1/4 for generating facilities and with section 69J for all
73	73	42other facilities. Before approving the construction, operation and/or alteration of facilities, the
74	74	43board shall determine whether cost effective efficiency and conservation opportunities provide
75	75	44an appropriate alternative to the proposed facility. All petitions shall (a) demonstrate to the board
76	76	45that the planning, design, engineering and specifications for the project include adaptation
77	77	46measures sufficient to address climate risks that will arise over the economic life of the project or
78	78	47the term of financing, whichever is longer, based on the best available climate science; and (b)
79	79	48disclose in all design engineering, architectural, or other drawings the climate assumptions used
80	80	49in evaluating and addressing climate risks. It shall be the policy of the Commonwealth to
81	81	50minimize the negative impacts of climate change and the energy transition on environmental
82	82	51justice populations and prioritize renewable energy and climate adaptation investment in these
83	83	52areas.
84	84	53 SECTION 3. Section 69H of chapter 164 shall be amended by removing the second
85	85	54paragraph and replacing it with the following paragraph:
86	86	55 The board shall be composed of the secretary of energy and environmental affairs, who
87	87	56shall serve as chairperson, the secretary of housing and economic development, the
88	88	57commissioner of the department of environmental protection, the commissioner of the division
89	89	58of energy resources, 2 commissioners of the commonwealth utilities commission, or the 4 of 19
90	90	59designees of any of the foregoing, and 5 public members to be appointed by the governor for a
91	91	60term coterminous with that of the governor, 1 of whom shall be experienced in environmental
92	92	61issues, 1 of whom shall be experienced in labor issues, 1 of whom shall be experienced in energy
93	93	62issues, and 2 of whom shall be experienced in community issues associated with the siting of
94	94	63energy facilities with at least of one these members who resides in an environmental justice
95	95	64population and has experience with environmental justice principles and at least one of these
96	96	65members who is a tribal representative or representative of an Indigenous organization. The
97	97	66board shall not include as a public member any person who receives, or who has received during
98	98	67the past two years a significant portion of his or her income directly or indirectly from the
99	99	68developer of an energy facility or an electric, gas or oil company. The public members shall
100	100	69serve on a part-time basis, receive $100 per diem of board service, and shall be reimbursed by
101	101	70the commonwealth for all reasonable expenses actually and necessarily incurred in the
102	102	71performance of official board duties.
103	103	72 Upon the resignation of any public member, the governor shall appoint a successor,
104	104	73following consultation with the environmental justice council as required by section 62K of
105	105	74chapter 30, for the unexpired portion of the term. When appointing new members to the board,
106	106	75the governor shall ensure that at least two members have expertise in the siting of renewable
107	107	76energy generating facilities and energy storage systems. No person shall be appointed to serve
108	108	77more than two consecutive full terms.
109	109	78 SECTION 4. Section 69J¼ of chapter 164 shall be amended by striking the third
110	110	79paragraph and replacing it with the following paragraph: 5 of 19
111	111	80 -A petition to construct a generating facility shall include, in such form and detail as the
112	112	81board shall from time to time prescribe, the following information: (i) a description of the
113	113	82proposed generating facility, including any ancillary structures and related facilities; (ii) a
114	114	83description of the environmental impacts and the costs associated with the mitigation, control, or
115	115	84reduction of the environmental impacts of the proposed generating facility; (iii) a description of
116	116	85the project development and site selection process used in choosing the design and location of
117	117	86the proposed generating facility; (iv) either (a) evidence that the expected emissions from the
118	118	87facility meet the technology performance standard in effect at the time of filing, or (b) a
119	119	88 description of the environmental impacts, costs, and reliability of other fossil fuel
120	120	89generating technologies, and an explanation of why the proposed technology was chosen; (v) an
121	121	90environmental justice impact statement detailing all potential impacts to environmental justice
122	122	91populations as defined in section 62 of chapter 30 and comparing the proposed site to other
123	123	92potential sites that do not impact environmental justice populations; (vi) impacts of the facility
124	124	93with respect to mitigating climate change; (vii) plans for the facility to adapt to a changing
125	125	94climate including current and future flooding, storm surges, and sea level rise; (viii) public health
126	126	95impacts of the proposed facility; (ix) a cumulative impact assessment that considers an exposure,
127	127	96public health or environmental risk, or other effect occurring in a specific geographical area,
128	128	97including from any environmental pollution emitted or released routinely, accidentally, or
129	129	98otherwise, from any source, and assessed based on the combined past, present, and reasonably
130	130	99foreseeable emissions and discharges affecting the geographical area; and (x) any other
131	131	100information necessary to demonstrate that the generating facility meets the requirements for
132	132	101approval specified in this section. 6 of 19
133	133	102 SECTION 5. Section 69J¼ of chapter 164 shall be amended by striking the fifth and sixth
134	134	103paragraphs and replacing them with the following two paragraphs:
135	135	104 -The board shall approve a petition to construct a generating facility only if the board
136	136	105determines that the petition meets all of the following requirements: (i) the description of the
137	137	106proposed generating facility and its environmental impacts are substantially accurate and
138	138	107complete; (ii) the description of the site selection process used is accurate; (iii) the plans for the
139	139	108construction of the proposed generating facility are consistent with current health, environmental
140	140	109protection, climate, and environmental justice policies of the commonwealth and with such
141	141	110policies as are adopted by the commonwealth for the specific purpose of guiding the decisions of
142	142	111the board; (iv) such plans minimize the environmental impacts consistent with the minimization
143	143	112of costs associated with the mitigation, control, and reduction of the environmental impacts of
144	144	113the proposed generating facility; (v) the environmental justice impact statement demonstrates a
145	145	114finding of environmental and energy benefits to the impacted environmental justice populations
146	146	115without environmental or energy burdens; (vi) the cumulative impact assessment demonstrates
147	147	116that there is no adverse public health, environmental, or climate impact to the impacted
148	148	117communities; and (vii) if the petitioner was required to provide information on other fossil fuel
149	149	118generating technologies, the construction of the proposed generating facility on balance
150	150	119contributes to a reliable, low-cost, diverse, regional energy supply with minimal environmental
151	151	120impacts that will contribute to the commonwealth achieving its climate targets pursuant to
152	152	121chapter 21N. The board may, at its discretion, evaluate alternative sites for a generating facility if
153	153	122the applicant or resident living within two miles of the facility requests such an evaluation, or if
154	154	123such an evaluation is an efficient method of administering an alternative site review required by
155	155	124another state or local agency. Nothing in this chapter shall be construed as requiring the board to 7 of 19
156	156	125make findings regarding alternative generating technologies for a proposed generating facility
157	157	126whose expected emissions meet the technology performance standard in effect at the time of
158	158	127filing.
159	159	128 The board shall, after review of the environmental justice impact statement, deny a
160	160	129petition for a new facility or for the expansion of an existing facility, or apply new conditions to
161	161	130the renewal of an existing facility’s approval, upon a finding that approval of the petition, as
162	162	131proposed, would, together with other environmental, climate, or public health stressors affecting
163	163	132the environmental justice population, cause or contribute to adverse cumulative environmental,
164	164	133climate, or public health stressors in the overburdened community that are higher than those
165	165	134borne by other communities within the Commonwealth or other geographic unit of analysis as
166	166	135determined by the executive office of energy and environmental affairs pursuant to rule,
167	167	136regulation, or guidance. The board may, after review of the environmental justice impact
168	168	137statement, deny a petition for a renewable energy powered facility, associated ancillary structure,
169	169	138or for the expansion of an existing renewable energy powered facility, associated ancillary
170	170	139structure, or apply new conditions to the renewal of an existing facility’s approval, upon a
171	171	140finding that approval of the petition, as proposed, would, together with other environmental,
172	172	141climate, or public health stressors affecting the environmental justice population, cause or
173	173	142contribute to adverse cumulative environmental, climate, or public health stressors in the
174	174	143overburdened community that are higher than those borne by other communities within the
175	175	144Commonwealth or other geographic unit of analysis as determined by the executive office of
176	176	145energy and environmental affairs pursuant to rule, regulation, or guidance.
177	177	146 The board shall have the authority to adopt regulations establishing programs to achieve
178	178	147emissions reductions, climate adaptation, and environmental justice for the locations selected 8 of 19
179	179	148using the most cost-effective measures identified. The board shall promulgate regulations that
180	180	149establish timelines for reviewing a petition such that: (i) a generating facility that is powered by
181	181	150fossil fuels has the longest period of time for going through the adjudicatory process; (ii) an
182	182	151energy storage system or ancillary structure has a shorter period of time for going through the
183	183	152adjudicatory process; and (iii) a generating facility that is powered by solar, wind, or geothermal
184	184	153energy has the shorted period of time for going through the adjudicatory process. The Siting
185	185	154Board shall promulgate regulations that define a generating facility that is powered by renewable
186	186	155energy and ensure that the lifecycle of emissions and impacts are considered such that
187	187	156technologies that have a lifecycle of emissions and impacts that create environmental burdens
188	188	157shall not be defined as renewable energy.
189	189	158 SECTION 6. Section 69J of chapter 164 shall be amended by striking the third through
190	190	159sixth paragraphs and replacing it with the following paragraphs:
191	191	160 - A petition to construct a facility shall include, in such form and detail as the board shall
192	192	161from time to time prescribe, the following information: (1) a description of the facility, site and
193	193	162surrounding areas; (2) an analysis of the need for the facility to benefit local energy needs within
194	194	163the commonwealth; (3) a description of the alternatives to the facility, such as other methods of
195	195	164transmitting or storing energy, other site locations, other sources of electrical power or gas,
196	196	165including renewable sources of energy, or a reduction of requirements through load
197	197	166management; (4) a description of the environmental impacts of the facility; (5) an environmental
198	198	167justice impact statement detailing all potential impacts to environmental justice populations as
199	199	168defined in section 62 of chapter 30 and comparing the proposed site to other potential sites that
200	200	169do not impact environmental justice populations; (6) impacts of the facility with respect to
201	201	170mitigating climate change; (7) plans for the facility to adapt to a changing climate including 9 of 19
202	202	171current and future flooding, storm surges, and sea level rise; (8) public health impacts of the
203	203	172proposed facility; and (9) a cumulative impact assessment that considers an exposure, public
204	204	173health or environmental risk, or other effect occurring in a specific geographical area, including
205	205	174from any environmental pollution emitted or released routinely, accidentally, or otherwise, from
206	206	175any source, and assessed based on the combined past, present, and reasonably foreseeable
207	207	176emissions and discharges affecting the geographical area. The board shall be empowered to issue
208	208	177and revise filing guidelines after public notice and a period for comment. A minimum of data
209	209	178shall be required by these guidelines from the applicant for review concerning land use impact,
210	210	179water resource impact, air quality impact, solid waste impact, radiation impact, public health
211	211	180impact, environmental justice impact, and noise impact.
212	212	181 The board shall conduct a public hearing on every petition to construct a facility or notice
213	213	182of intention to construct an oil facility within six months of the filing thereof. Such hearing shall
214	214	183be an adjudicatory proceeding under the provisions of chapter thirty A. In addition, a public
215	215	184hearing shall be held in each neighborhood in which a facility would be located or in which an
216	216	185oil facility contained in a notice of intention to construct such facility is located, except that a
217	217	186public hearing shall not be required in a locality containing a proposed site if such a hearing has
218	218	187already been held in regard to that particular facility on that particular site in conjunction with a
219	219	188previously filed petition. The public hearing shall ensure language access, including
220	220	189simultaneous language interpretation in the languages spoken by a significant proportion of the
221	221	190population in the neighborhood of the proposed facility, that allows residents and other attendees
222	222	191to understand others’ comments and that allows members of the department to understand
223	223	192speakers’ comments. The board shall approve a petition to construct a facility only if it
224	224	193determines that it meets the following requirements: all information relating to current activities, 10 of 19
225	225	194environmental impacts, facilities agreements and energy policies as adopted by the
226	226	195commonwealth is substantially accurate, based on information that is no later than three years
227	227	196old, and complete; projections of the demand for electric power, or gas requirements and of the
228	228	197capacities for existing and proposed facilities are based on substantially accurate historical
229	229	198information and reasonable statistical projection methods and include an adequate consideration
230	230	199of conservation and load management; provided, however, that the department or board shall not
231	231	200require in any gas forecast or hearing conducted thereon the presentation of information relative
232	232	201to the demand for gas; projections relating to service area, facility use and pooling or sharing
233	233	202arrangements are consistent with such forecasts of other companies subject to this chapter as may
234	234	203have already been approved and reasonable projections of activities of other companies in the
235	235	204New England area; plans for expansion and construction of the applicant's new facilities are
236	236	205consistent with current health, environmental protection, and resource use and development
237	237	206policies as adopted by the commonwealth; the environmental justice impact statement
238	238	207demonstrates a finding of environmental and energy benefits to the impacted environmental
239	239	208justice populations without any environmental or energy burdens; the cumulative impact
240	240	209assessment demonstrates that there is no adverse public health, environmental, or climate impact
241	241	210to the impacted communities; are consistent with the policies stated in section sixty-nine H to
242	242	211provide a necessary energy supply for the commonwealth with a minimum impact on the
243	243	212environment at lowest possible cost; and in the case of a notice of intent to construct an oil
244	244	213facility, that all information regarding sources of supply for such facility and financial
245	245	214information regarding the applicant and its proposed facility are substantially accurate and
246	246	215complete; that it is satisfied as to the adequacy of the applicant's capital investment plans to
247	247	216complete its facility; the long term economic viability of the facility; the overall financial 11 of 19
248	248	217soundness of the applicant; in the case of an oil facility, the qualification and capability of the
249	249	218applicant in the transshipment, transportation, storage, refining and marketing of oil or refined oil
250	250	219products; that plans including buffer zones or alternatives thereto for the applicant's new facility
251	251	220are consistent with current health, environmental protection and resource use and development
252	252	221policies as adopted by the commonwealth.
253	253	222 If the board determines the standards set forth above have not been met, it shall reject in
254	254	223whole or in part the petition, setting forth in writing its reasons for such rejections, or approve
255	255	224the petition subject to stated conditions. In the event of rejection or conditioned approval, the
256	256	225applicant may within six months submit an amended petition. A public hearing on the amended
257	257	226petition shall be held on the same terms and conditions applicable to the original petition. The
258	258	227board shall, after review of the environmental justice impact statement, deny a petition for a new
259	259	228facility or for the expansion of an existing facility, or apply new conditions to the renewal of an
260	260	229existing facility’s approval, upon a finding that approval of the petition, as proposed, would,
261	261	230together with other environmental, climate, or public health stressors affecting the environmental
262	262	231justice population, cause or contribute to adverse cumulative environmental, climate, or public
263	263	232health stressors in the overburdened community that are higher than those borne by other
264	264	233communities within the Commonwealth or other geographic unit of analysis as determined by
265	265	234the executive office of energy and environmental affairs pursuant to rule, regulation, or guidance.
266	266	235 The board and department of public utilities shall have the authority to adopt regulations
267	267	236establishing programs to achieve emissions reductions for the locations selected using the most
268	268	237cost-effective measures identified. 12 of 19
269	269	238 Prior to constructing an oil facility or commencement of construction of a facility for the
270	270	239refining of oil designed so that more than thirty-five per cent of its output could be gasoline or
271	271	240refined oil products lighter than gasoline and prior to filing an environmental notification form or
272	272	241environmental impact report pursuant to chapter 30, sections 61 through 62H, an applicant must
273	273	242prepare a preliminary project statement that shall be shared with the director of environmental
274	274	243justice at the executive office of energy and environmental affairs, energy facilities siting board
275	275	244director, posted to a public website, and translated into multiple languages, as relevant to the
276	276	245local population. Within 30 days of submitting that statement, the project proponent shall invite
277	277	246civic, community-based organizations, local elected officials, and the director of environmental
278	278	247justice at the executive office of energy and environmental affairs to review the proposed project.
279	279	248An applicant shall make adjustments to the project or consider alternate locations that address
280	280	249community concerns about safety, public health, or climate or abandon plans to file its petition to
281	281	250the board. If an applicant makes an adjustment or considers alternate locations, it must send a
282	282	251written summary of these changes to the director of environmental justice at the executive office
283	283	252of energy and environmental affairs. Subsequent to the preliminary project statement and public
284	284	253outreach, the applicant must file a notice of intention to construct such facility with the board.
285	285	254Such notice shall include in such form and detail as the board shall reasonably prescribe, in
286	286	255addition to a detailed description of the proposed facility and site, the following information for
287	287	256the region expected to be served by the oil facility:
288	288	257 (1) A description of the applicant's current activities involving the transshipment,
289	289	258transportation, storage, or refining of oil or refined oil products and all anticipated impacts to
290	290	259environmental justice populations. 13 of 19
291	291	260 (2) A description of the applicant's qualification and capability in transshipment,
292	292	261transportation, storage, refining and marketing of oil or refined oil products.
293	293	262 (3) An analysis of the proposed facility including but not limited to the description of
294	294	263alternatives to the planned action, such as other site locations, other oil facilities, and no
295	295	264additional oil facilities; a description of the environmental impact of the proposed facility, said
296	296	265description to include buffer zones and other measures to minimize damage to the environment;
297	297	266all potential impacts to environmental justice populations; impacts of the facility with respect to
298	298	267mitigating climate change; plans for the facility to adapt to a changing climate including current
299	299	268and future flooding, storm surges, and sea level rise; public health impacts of the proposed
300	300	269facility; and a cumulative impact assessment that considers an exposure, public health or
301	301	270environmental risk, or other effect occurring in a specific geographical area, including from any
302	302	271environmental pollution emitted or released routinely, accidentally, or otherwise, from any
303	303	272source, and assessed based on the combined past, present, and reasonably foreseeable emissions
304	304	273and discharges affecting the geographical area; and a facility is required to meet local energy use
305	305	274needs and that such need cannot be accomplished through less harmful means. The board shall
306	306	275after public notice and a period for comment be empowered to issue and revise its own list of
307	307	276guidelines. A minimum of data shall be required by these guidelines from the applicant for
308	308	277review concerning land use impact, water resource impact, air quality impact, solid waste
309	309	278impact, radiation impact, public health impact, environmental justice impact, and noise impact.
310	310	279 (4) A description of proposed sources of supply of crude oil or refined oil products for the
311	311	280oil facility which is the subject of the notice; if such sources are persons not controlled by the
312	312	281applicant, certified copies of any contracts, letters of intent or any other understandings. 14 of 19
313	313	282 (5) A description of the capital investment plan proposed for such facility, and the overall
314	314	283financial soundness of the company and economic viability of the facility, including insurance
315	315	284coverage during construction and operation.
316	316	285 SECTION 7. Section 69I of chapter 164 is hereby amended by adding the following
317	317	286paragraph:
318	318	287 - A project proponent shall publicly disclose energy load forecast data that demonstrates
319	319	288the local need for the facility to ensure reliability. Long-range forecasts must demonstrate local
320	320	289need for a generating facility at particular facility locations.
321	321	290 SECTION 8. Section 69G of chapter 164 shall be amended to include the following
322	322	291definition for “public hearing”:
323	323	292 - “Public hearing” means a hearing to discuss a proposed project that shall ensure
324	324	293language access, including simultaneous language interpretation in the languages spoken by a
325	325	294significant proportion of the population in the neighborhood of the proposed facility, that allows
326	326	295residents and other attendees to understand others’ comments and that allows members of the
327	327	296department, board members, and attendees to understand speakers’ comments.
328	328	297 SECTION 9. Section 69G of chapter 164 shall be amended to strike the existing
329	329	298definition for “generating facility” and replace it with the following definition:-
330	330	299 “Generating facility,” any generating unit designed for or capable of operating at a gross
331	331	300capacity of 35 megawatts or more, including associated buildings, ancillary structures,
332	332	301transmission and pipeline interconnections that are not otherwise facilities, and fuel storage
333	333	302facilities. 15 of 19
334	334	303 SECTION 10. Section 69K of chapter 164 shall be amended to strike the fifth paragraph
335	335	304and replace it with the following paragraph:
336	336	305 “A certificate shall be issued only in accordance with the provisions of sections sixty-
337	337	306nine K to sixty-nine O, inclusive. Notwithstanding the provisions of any other law to the
338	338	307contrary, a certificate may be so issued only if the facility does not create greenhouse gas
339	339	308emissions that would cause or contribute to the Commonwealth not meeting its climate mandates
340	340	309under chapter 21N or environmental burdens on an environmental justice population as defined
341	341	310by section 62 of chapter 30. If so issued, no state agency or local government shall require any
342	342	311approval, consent, permit, certificate or condition for the construction, operation or maintenance
343	343	312of the facility with respect to which the certificate is issued and no state agency or local
344	344	313government shall impose or enforce any law, ordinance, by-law, rule or regulation nor take any
345	345	314action nor fail to take any action which would delay or prevent the construction, operation or
346	346	315maintenance of such facility; provided, however, that the board shall not issue a certificate the
347	347	316effect of which would be to grant or modify a permit, approval or authorization which, if so
348	348	317granted or modified by the appropriate state or local agency, would be invalid because of a
349	349	318conflict with applicable federal water or air standards or requirements. A certificate, if issued,
350	350	319shall be in the form of a composite of all individual permits, approvals or authorizations which
351	351	320would otherwise be necessary for the construction and operation of the facility and that portion
352	352	321of the certificate which relates to subject matters within the jurisdiction of a state or local agency
353	353	322shall be enforced by said agency under the other applicable laws of the commonwealth as if it
354	354	323had been directly granted by the said agency. The board shall promulgate detailed regulations
355	355	324that describe the timing for review of a certificate pursuant to this section, contents of the 16 of 19
356	356	325petition, and procedures to engage with environmental justice populations and other stakeholders
357	357	326prior to and throughout the proceeding.”
358	358	327 SECTION 11. Section 62K1/2 of chapter 164 shall be amended to strike the third
359	359	328paragraph and replace it with the following paragraph:
360	360	329 A certificate shall be issued only in accordance with the provisions of sections 69K to
361	361	33069O1/2, inclusive. Notwithstanding the provisions of any other law to the contrary, a certificate
362	362	331may be so issued only if the generating facility does not generate greenhouse gas emissions that
363	363	332would cause or contribute to the Commonwealth not meeting its climate mandates under chapter
364	364	33321N or environmental burdens on an environmental justice population as defined by section 62
365	365	334of chapter 30.; provided, however, that when so issued no state agency or local government shall
366	366	335require any approval, consent, permit, certificate, or condition for the construction, operation, or
367	367	336maintenance of the generating facility with respect to which the certificate is issued, and no state
368	368	337agency or local government shall impose or enforce any law, ordinance, by-law, rule, or
369	369	338regulation nor take any action nor fail to take any action which would delay or prevent the
370	370	339construction, operation, or maintenance of such generating facility; provided, however, that the
371	371	340board shall not issue a certificate, the effect of which would be to grant or modify a permit,
372	372	341approval, or authorization, which, if so granted or modified by the appropriate state or local
373	373	342agency, would be invalid because of a conflict with applicable federal water or air standards or
374	374	343requirements. A certificate, if issued, shall be in the form of a composite of all individual
375	375	344permits, approvals, or authorizations which would otherwise be necessary for the construction
376	376	345and operation of the generating facility, and that portion of the certificate which relates to subject
377	377	346matters within the jurisdiction of a state or local agency shall be enforced by said agency under
378	378	347the other applicable laws of the commonwealth as if it had been directly granted by the said 17 of 19
379	379	348agency. The board shall promulgate detailed regulations that describe the timing for review of a
380	380	349certificate pursuant to this section, contents of the petition, and procedures to engage with
381	381	350environmental justice populations and other stakeholders prior to and throughout the proceeding.
382	382	351 SECTION 12. Section 69L of chapter 164 shall be amended to add the following
383	383	352paragraph after section (5):
384	384	353 (6) An environmental justice impact statement shall include a description of the
385	385	354environmental impact of the proposed facility, said description to include buffer zones and other
386	386	355measures to minimize damage to the environment; all potential impacts to environmental justice
387	387	356populations; impacts of the facility with respect to mitigating climate change; plans for the
388	388	357facility to adapt to a changing climate including current and future flooding, storm surges, and
389	389	358sea level rise; public health impacts of the proposed facility; and a cumulative impact assessment
390	390	359that considers an exposure, public health or environmental risk, or other effect occurring in a
391	391	360specific geographical area, including from any environmental pollution emitted or released
392	392	361routinely, accidentally, or otherwise, from any source, and assessed based on the combined past,
393	393	362present, and reasonably foreseeable emissions and discharges affecting the geographical area;
394	394	363and a facility is required to meet local energy use needs and that such need cannot be
395	395	364accomplished through less harmful means. The board shall after public notice and a period for
396	396	365comment be empowered to issue and revise its own list of guidelines. A minimum of data shall
397	397	366be required by these guidelines from the applicant for review concerning land use impact, water
398	398	367resource impact, air quality impact, solid waste impact, radiation impact, public health impact,
399	399	368environmental justice impact, and noise impact. 18 of 19
400	400	369 SECTION 13. Section 69L1/2 of chapter 164 shall be amended to add the following
401	401	370paragraph after section (5):
402	402	371 (6) An environmental justice impact statement shall include a description of the
403	403	372environmental impact of the proposed facility, said description to include buffer zones and other
404	404	373measures to minimize damage to the environment; all potential impacts to environmental justice
405	405	374populations; impacts of the facility with respect to mitigating climate change; plans for the
406	406	375facility to adapt to a changing climate including current and future flooding, storm surges, and
407	407	376sea level rise; public health impacts of the proposed facility; and a cumulative impact assessment
408	408	377that considers an exposure, public health or environmental risk, or other effect occurring in a
409	409	378specific geographical area, including from any environmental pollution emitted or released
410	410	379routinely, accidentally, or otherwise, from any source, and assessed based on the combined past,
411	411	380present, and reasonably foreseeable emissions and discharges affecting the geographical area;
412	412	381and a facility is required to meet local energy use needs and that such need cannot be
413	413	382accomplished through less harmful means. The board shall after public notice and a period for
414	414	383comment be empowered to issue and revise its own list of guidelines. A minimum of data shall
415	415	384be required by these guidelines from the applicant for review concerning land use impact, water
416	416	385resource impact, air quality impact, solid waste impact, radiation impact, public health impact,
417	417	386environmental justice impact, and noise impact.
418	418	387 SECTION 14. Section 69O of chapter 164 shall be amended to strike the first paragraph
419	419	388and replace it with the following paragraph:
420	420	389 The board shall by a majority vote render a decision upon the petition either by denying
421	421	390the petition or by granting the petition, or by granting the petition subject to such terms and 19 of 19
422	422	391conditions as the board may determine. Neither the board nor any other person shall be bound by
423	423	392the requirements of section sixty-one to sixty-two H, inclusive, of chapter thirty to the extent that
424	424	393compliance with said requirements will prevent the board from rendering a decision upon the
425	425	394petition within the time limits of this section. The Siting Board shall promulgate regulations that
426	426	395establish timelines for reviewing a petition for a certificate of public interest such that: (i) a
427	427	396generating facility that is powered by fossil fuels has the longest period of time for going through
428	428	397the adjudicatory process; (ii) an energy storage system or ancillary structure has a shorter period
429	429	398of time for going through the adjudicatory process; and (iii) a generating facility that is powered
430	430	399by renewable energy has the shorted period of time for going through the adjudicatory process.
431	431	400The Siting Board shall promulgate regulations that define a generating facility that is powered by
432	432	401renewable energy and ensure that the lifecycle of emissions and impacts are considered such that
433	433	402technologies that have a lifecycle of emissions and impacts that create environmental burdens
434	434	403shall not be defined as renewable energy.