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