Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3215 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2650 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3215
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jeffrey N. Roy
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 to expedite permitting for electric decarbonization infrastructure projects.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jeffrey N. Roy10th Norfolk1/19/2023 1 of 19
16	16	HOUSE DOCKET, NO. 2650 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3215
18	18	By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 3215) of Jeffrey
19	19	N. Roy for legislation to expedite permitting for electric decarbonization infrastructure projects.
20	20	Telecommunications, Utilities and Energy.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to expedite permitting for electric decarbonization infrastructure projects.
27	27	Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
28	28	expedite state permitting for electric utility infrastructure projects that contribute to
29	29	decarbonization of the electric sector in the commonwealth to combat climate change, it is
30	30	hereby declared to be an emergency law, necessary for the immediate preservation of the public
31	31	convenience., therefore it is hereby declared to be an emergency law, necessary for the
32	32	immediate preservation of the public convenience.
33	33	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
34	34	of the same, as follows:
35	35	1 The General Laws are hereby amended by inserting after chapter 21O the following
36	36	2chapter 21P:
37	37	3 CHAPTER 21P: EXPEDITED PERMITTING FOR ELECTRIC DECARBONIZATION
38	38	4INFRASTRUCTURE PROJECTS
39	39	5 SECTION 1. Title.
40	40	6 This chapter shall be known and may be cited as the “Expedited Permitting for Electric
41	41	7Decarbonization Infrastructure Projects Act”. 2 of 19
42	42	8 SECTION 2. Purpose.
43	43	9 It is the purpose of this chapter to consolidate and expedite the state review and
44	44	10permitting processes for electric utility infrastructure projects that contribute to decarbonization
45	45	11and to provide a single forum in which the electric decarbonization infrastructure permitting
46	46	12office created by this chapter may undertake coordinated, timely, and standardized reviews of
47	47	13such projects to facilitate achievement of the commonwealth’s climate change, renewable energy
48	48	14and emissions reduction goals while protecting the environmental resources of the
49	49	15commonwealth.
50	50	16 SECTION 3. Definitions.
51	51	17 As used in this chapter the following words shall, unless the context clearly requires
52	52	18otherwise, have the following meanings:
53	53	19 (1)“Agency”, an agency, department, board, commission or authority of the
54	54	20commonwealth, and any authority of any municipality which is specifically created as an
55	55	21authority under special or general law.
56	56	22 (2)“Applicant”, an electric company that applies for a consolidated permit pursuant
57	57	23to this chapter.
58	58	24 (3)“Best management practices”, broadly accepted industry practices that have been
59	59	25determined by the office pursuant to this chapter to be the most effective and practical means of
60	60	26avoiding, minimizing, or mitigating adverse environmental impacts caused by electric
61	61	27decarbonization infrastructure projects similar to the qualifying project. 3 of 19
62	62	28 (4)“Consolidated permit”, a permit issued by the office pursuant to this chapter 21P
63	63	29and the rules and regulations promulgated by the office.
64	64	30 (5)“Department”, the department of environmental protection.
65	65	31 (6)“Director”, the director of the office.
66	66	32 (7)“Distributed generation”, means as defined section 1 of Chapter 164.
67	67	33 (8)“Distribution”, means as defined in section 1 of Chapter 164.
68	68	34 (9)“Distributed energy resources”, means as defined in section 1 of Chapter 164.
69	69	35 (10)“Electric company”, means as defined in section 1of Chapter 164.
70	70	36 (11)“Electric decarbonization infrastructure project”, means electric sector
71	71	37infrastructure projects that: (i) improve grid reliability, communications, and resiliency; (ii)
72	72	38enable increased, timely adoption of and interconnection to renewable energy and distributed
73	73	39energy resources; (iii) promote energy storage and electrification technologies necessary to
74	74	40decarbonize the environment and economy; (iv) prepare for future, climate-driven impacts on the
75	75	41transmission and distribution systems; (v) accommodate increased transportation electrification,
76	76	42increased building electrification, and other potential future demands on distribution,
77	77	43interconnection and, where applicable, transmission systems; or (vi) otherwise facilitate or
78	78	44expand the commonwealth’s capacity to realize its statewide greenhouse gas requirements and
79	79	45goals.
80	80	46 (12)“Electric-sector modernization plan”, a plan required by and approved pursuant to
81	81	47section 92B of Chapter 164 of the General Laws. 4 of 19
82	82	48 (13)“Energy storage system”, means as defined in section 1 of Chapter 164.
83	83	49 (14)“Executive office”, the executive office of energy and environmental affairs.
84	84	50 (15)“Generation facility”, means as defined in section 1 of Chapter 164.
85	85	51 (16)“Host community”, any municipality within whose jurisdictional boundaries a
86	86	52qualifying project is proposed.
87	87	53 (17)“Municipality”, a city, town, or other political subdivision of the commonwealth.
88	88	54 (18)“Non-renewable energy”, means as defined in section 1 of Chapter 164.
89	89	55 (19)“Office”, the electric decarbonization infrastructure permitting office created by
90	90	56this chapter.
91	91	57 (20)“Permittee”, an electric company that has received a consolidated permit pursuant
92	92	58to this chapter.
93	93	59 (21)“Qualifying project”, an electric decarbonization infrastructure project that:
94	94	60 (i)is listed in an electric-sector modernization plan approved by the department of
95	95	61public utilities pursuant to section 92B of Chapter 164;
96	96	62 (ii)will interconnect distributed generation, distributed energy resources or energy
97	97	63storage system facilities to the distribution system on the utility side of the point of
98	98	64interconnection and is not otherwise included in an electric-sector modernization plan;
99	99	65 (iii)is a transmission system upgrade to support (i) or (ii) above; or
100	100	66 (iv)is not otherwise included above. 5 of 19
101	101	67 (22)“Renewable energy”, means as defined in section 1 of Chapter 164.
102	102	68 (23)“Secretary”, the secretary of the executive office.
103	103	69 (24)“Standard conditions”, permit conditions designed to avoid, minimize, or mitigate
104	104	70potential adverse environmental impacts from the siting, design, construction, and operation of
105	105	71electric decarbonization infrastructure projects, which are codified in the office’s regulations and
106	106	72shall be applicable to all projects that receive a consolidated permit pursuant to this chapter 21P.
107	107	73 (25)“Special conditions”, permit conditions deemed necessary by the office to avoid,
108	108	74minimize, mitigate, or offset any potential significant site-specific adverse environmental
109	109	75impacts that may be caused or contributed to by the siting, design, construction, or operation of a
110	110	76qualifying project and are unable to be addressed by standard conditions and best management
111	111	77practices.
112	112	78 (26)“Transmission”, means as defined in section 1 of Chapter 164.
113	113	79 SECTION 4. Establishment of Office; Authority.
114	114	80 (a)No later than 90 days after the enactment of this chapter, the secretary shall
115	115	81establish the office, consisting of a director appointed by the secretary and such staff as are
116	116	82necessary to undertake the duties of the office under this chapter.
117	117	83 (b)The office shall exercise its authority by and through the director. The director
118	118	84and staff shall collectively have expertise in electric sector decarbonization, permitting
119	119	85requirements for electric infrastructure projects, technical and engineering expertise in electric
120	120	86decarbonization infrastructure projects, and such other areas as are necessary to carry out the
121	121	87purposes of this chapter. 6 of 19
122	122	88 SECTION 5. Funding of the Office.
123	123	89 (a)The office shall establish fees for any review of an application for a consolidated
124	124	90permit under this chapter or a violation of this chapter or regulation promulgated hereunder.
125	125	91Such fees shall be set such that they are reasonably expected to cover such reviews and the costs
126	126	92of salaries, services, equipment or other expenses that are incurred by the office including the
127	127	93salaries of the director and all staff, during such review.
128	128	94 (b)There shall be established and set up on the books of the commonwealth a
129	129	95separate fund. The office shall be the trustee of the fund and shall expend monies to finance
130	130	96operational activities of the office. The fund shall be credited any appropriations, bond proceeds
131	131	97or other monies authorized by the general court and specifically designated to be credited
132	132	98thereto, application fees for permits issued under this chapter and such additional funds as are
133	133	99subject to the direction and control of the office. All available monies in the fund that are
134	134	100unexpended at the end of each fiscal year shall not revert to the General Fund and shall be
135	135	101available for expenditure in the subsequent fiscal year. The office shall record all expenditures
136	136	102made by the office on the Massachusetts management and accounting reporting system
137	137	103according to regulations established by the state comptroller.
138	138	104 (c)The office shall, for the purposes of compliance with state finance law, operate as
139	139	105a state agency as defined in section 1 of chapter 29 and shall be subject to the provisions
140	140	106applicable to agencies under the control of the governor including, but not limited to, chapters 7,
141	141	1077A, 10 and 29; provided, however, that the comptroller may identify any additional instructions
142	142	108or actions necessary for the office to manage fiscal operations in the state accounting system and
143	143	109meet statewide and other governmental accounting and audit standards. Unless otherwise 7 of 19
144	144	110exempted by law or the applicable central service agency, the office shall participate in any other
145	145	111available commonwealth central services including, but not limited, to the state payroll system
146	146	112under section 31 of said chapter 29 and may purchase other goods and services provided by state
147	147	113agencies in accordance with comptroller provisions. The comptroller may chargeback the office
148	148	114for the transition and ongoing costs for participation in the state accounting and payroll systems
149	149	115and may retain and expend such costs without further appropriation for the purposes of this
150	150	116section. The office shall be subject to section 5D of chapter 29 and subsection (f) of section 6B
151	151	117of chapter 29.
152	152	118 (d)In addition to the foregoing, the office shall annually seek funding from state
153	153	119appropriations to fund a dedicated reviewer at the Massachusetts Historical Commission who
154	154	120shall conduct reviews of qualifying projects pursuant to section 106 of the National Historic
155	155	121Preservation Act, when applicable.
156	156	122 SECTION 6. Office Responsibilities; Objectives.
157	157	123 (a)The office shall be charged with:
158	158	124 (i)developing and promulgating rules and regulations to implement this chapter,
159	159	125including by codifying standard conditions that shall apply uniformly to permitted qualifying
160	160	126projects, including, without limitation, by adopting by reference such standard conditions as have
161	161	127been developed by other agencies;
162	162	128 (ii)adopting best management practices that may be incorporated by reference into
163	163	129consolidated permits issued under this chapter, including, without limitation, best management
164	164	130practices that have been developed by an electric company and incorporated into their permits
165	165	131before the enactment of this chapter, and applicable best management practices utilized by 8 of 19
166	166	132agencies in permitting similar electric decarbonization infrastructure projects prior to the
167	167	133enactment of this chapter;
168	168	134 (iii)receiving, reviewing, and promptly acting upon applications for qualifying
169	169	135projects in accordance with this chapter and the rules and regulations promulgated by the office;
170	170	136 (iv)issuing, approving and, as necessary, transferring consolidated permits;
171	171	137 (v)monitoring projects permitted pursuant to this chapter and enforcing compliance
172	172	138with all terms and conditions therein; and
173	173	139 (vi)conducting public hearings, inter-agency consultations, and other procedures
174	174	140incident to the permitting process that are necessary to effectuate this chapter’s purposes.
175	175	141 (b)The office shall, within one year of the enactment of this chapter, promulgate
176	176	142regulations which:
177	177	143 (i)establish the consolidated permit application form and application fee for
178	178	144qualifying projects;
179	179	145 (ii)codify the consolidated permit application process and timeline for qualifying
180	180	146projects;
181	181	147 (iii)establish classes of electric decarbonization infrastructure projects based on
182	182	148common features, including structure and typical environmental impacts;
183	183	149 (iv)codify standard conditions that shall apply uniformly to each class of electric
184	184	150decarbonization infrastructure project; 9 of 19
185	185	151 (v)develop and incorporate in the consolidated permit, by reference, best
186	186	152management practices for each class of electric decarbonization infrastructure project;
187	187	153 (vi)establish criteria for the review of special conditions proposed for inclusion in the
188	188	154consolidated permit;
189	189	155 (vii)establish an in lieu fee program for compensatory mitigation;
190	190	156 (viii)establish a process and timeline for the review of requests for the modification of
191	191	157consolidated permits previously granted;
192	192	158 (ix)establish a protocol for monitoring and compliance enforcement, including any
193	193	159applicable penalties for noncompliance; and
194	194	160 (x)establish such additional rules and procedures as necessary to implement and
195	195	161effectuate this chapter.
196	196	162 (c)In developing standard conditions which shall apply uniformly to qualifying
197	197	163projects within each class of electric decarbonization infrastructure project, the office shall
198	198	164consult with electric companies, municipalities, the department, the executive office, the
199	199	165department of public utilities, the energy facilities siting board, and other relevant state agencies
200	200	166with applicable subject matter expertise.
201	201	167 (d)Prior to the adoption of standard conditions for inclusion in the regulations and
202	202	168consolidated permit, the office shall hold a public hearing to solicit comments from the public.
203	203	169 (e)The director shall ensure that the office’s activity pursuant to this chapter provides
204	204	170for and is consistent with the objectives enumerated in this subsection. The director shall also 10 of 19
205	205	171ensure that all standard conditions and best management practices, as uniformly applied to each
206	206	172class of electric decarbonization infrastructure projects, advance:
207	207	173 (i)safety;
208	208	174 (ii)protection of the environment;
209	209	175 (iii)electric sector decarbonization;
210	210	176 (iv)minimization or mitigation of land use impacts; (v)advancement of
211	211	177environmental justice; and
212	212	178 (vi)minimization or mitigation of impacts on the ratepayers of the commonwealth.
213	213	179 SECTION 7. Consolidated Permits; Transfer and Modification.
214	214	180 (a)Upon approving a qualifying project, the office shall issue a consolidated permit
215	215	181to the applicant which encompasses all state and local authorizations necessary for electric
216	216	182decarbonization infrastructure siting, construction, upgrades, and operation.
217	217	183 (b)The consolidated permit shall be enforceable by the office in the manner provided
218	218	184in Section 13 and any applicable rules and regulations promulgated pursuant to this chapter. All
219	219	185standard conditions, special conditions, and best management practices identified in a
220	220	186consolidated permit shall constitute enforceable provisions of the consolidated permit.
221	221	187 (c)The director shall have sole and final discretion over the terms and conditions of
222	222	188the permit, including standard conditions, special conditions, and best management practices;
223	223	189provided, however, the director shall comply with subsection 6(e) of this chapter in selecting
224	224	190applicable standard conditions, special conditions, and best management practices. 11 of 19
225	225	191 (d)A consolidated permit issued by the office may be transferred or assigned, subject
226	226	192to the prior written approval of the office, to an electric company that agrees to comply with the
227	227	193terms, limitations, and conditions contained in said permit.
228	228	194 SECTION 8. Standard Conditions and Best Management Practices.
229	229	195 (a)The standard conditions established pursuant to this chapter shall be designed to
230	230	196avoid, minimize, or mitigate, to the maximum extent practicable, any potential significant
231	231	197adverse environmental impacts caused or contributed to by the siting, design, construction,
232	232	198upgrades to, or operation of qualifying projects. Such uniform standard conditions shall apply to
233	233	199those environmental impacts the office determines are common to each class of electric
234	234	200decarbonization infrastructure projects.
235	235	201 (b)The office shall promulgate regulations establishing an in lieu fee program for
236	236	202compensatory mitigation that effectuates the restoration, establishment, enhancement or
237	237	203preservation of comparable environmental resources through funds paid to a government or non-
238	238	204profit entity. The in lieu fee program may be used at the election of the applicant to satisfy the
239	239	205standard of mitigation to the maximum extent practicable and advance the objectives enumerated
240	240	206in subsection 6(e) of this chapter only to the extent that the office finds that avoidance and
241	241	207minimization are not practicable.
242	242	208 (c)The office shall develop and incorporate by reference in consolidated permits
243	243	209issued pursuant to this chapter best management practices based on best management practices
244	244	210that have been developed by an electric company and incorporated into their permits before the
245	245	211enactment of this chapter; as well as any applicable best management practices adopted by
246	246	212agencies in permitting similar electric decarbonization infrastructure projects prior to the 12 of 19
247	247	213enactment of this chapter. Such best management practices shall become enforceable terms of
248	248	214the consolidated permit when incorporated by reference therein.
249	249	215 (d)All standard conditions and best management practices shall, as applied to each
250	250	216qualifying project, conform to or advance the objectives enumerated in subsection 6(e) of this
251	251	217chapter.
252	252	218 SECTION 9. Applicability; Preemption.
253	253	219 (a)An electric company may, in lieu of seeking other permits or approvals as are
254	254	220required by the commonwealth, any department, commission, board or subdivision thereof, and
255	255	221any city or town, request that the office issue a consolidated permit for an electric
256	256	222decarbonization infrastructure project in accordance with this chapter. Any such project for
257	257	223which a consolidated permit is issued shall thereafter be built, maintained, upgraded, or operated
258	258	224except in conformity with the terms, standard conditions, and special conditions, if any,
259	259	225contained in the consolidated permit.
260	260	226 (b)The office shall have exclusive authority over qualifying projects. No city or town
261	261	227shall have authority over any qualifying project nor shall any city or town enact any bylaw,
262	262	228ordinance, or regulation with respect to qualifying projects.
263	263	229 (c)Notwithstanding any other provision of law, no other state agency, department, or
264	264	230authority, nor any municipality or agency thereof, may, except as expressly authorized under this
265	265	231chapter or the rules and regulations promulgated under this chapter, require any approval,
266	266	232consent, permit, certificate, contract, agreement, memorandum of understanding, or other
267	267	233condition for the development, design, construction, upgrades to, or operation of qualifying
268	268	234projects for which a consolidated permit has been granted in accordance with this chapter. This 13 of 19
269	269	235chapter shall supersede and replace all permitting and authorization requirements for qualifying
270	270	236projects required by the commonwealth, any department, commission, board or subdivision
271	271	237thereof, and any city or town.
272	272	238 (d)Nothing in this chapter shall exempt any qualifying project granted a consolidated
273	273	239permit from compliance with all applicable federal laws and regulations.
274	274	240 (e)This section shall not apply to:
275	275	241 (i)normal repairs, maintenance, replacements, non-material modifications and non-
276	276	242material improvements of electric sector infrastructure, whenever built, which are performed in
277	277	243the ordinary course of business and which do not constitute a violation of any applicable existing
278	278	244permit, including but not limited to projects otherwise exempt under Section 40 of Chapter 131
279	279	245of the General Laws, Chapter 91 of the General Laws, or Section 61 of Chapter 30 of the General
280	280	246Laws; or
281	281	247 (ii)projects in or over the territorial sea of the commonwealth; or
282	282	248 (iii) generation facilities.
283	283	249
284	284	250 SECTION 10. Application Review Process; Permit Issuance.
285	285	251 (a)Applicants shall initiate the application process for a consolidated permit by
286	286	252submitting a single application in such form and detail as the office shall prescribe in its
287	287	253regulations promulgated pursuant to this chapter. Applications shall include, at a minimum the
288	288	254following information, in addition to any other information the office may require: 14 of 19
289	289	255 (i)a cover sheet listing all substantive local and state permits and authorizations that
290	290	256the applicant would have otherwise been required to obtain prior to commencing the electric
291	291	257decarbonization infrastructure project;
292	292	258 (ii)a description of the proposed project;
293	293	259 (iii)an explanation of why the applicant’s project should be considered a qualifying
294	294	260project pursuant to this chapter;
295	295	261 (iv)proof of consultation with the host community with respect to the project and its
296	296	262potential impacts;
297	297	263 (v)documentation that all Massachusetts Environmental Policy Act requirements for
298	298	264advance notification to environmental justice populations, as defined in section 62 of chapter 30,
299	299	265have been met by the applicant, in accordance with Massachusetts Environmental Policy Act
300	300	266regulations;
301	301	267 (vi)an outreach plan for engagement with environmental justice populations, in
302	302	268accordance with Massachusetts Environmental Policy Act regulations;
303	303	269 (vii)documentation of compliance with any other pre-application substantive or
304	304	270procedural requirements of the Massachusetts Environmental Policy Act and its regulations; and
305	305	271 (viii)an application fee in the amount specified by the office in its regulations
306	306	272promulgated pursuant to this chapter.
307	307	273 (b)Within thirty days of receiving an application, the office shall determine whether
308	308	274the proposed electric decarbonization infrastructure project is a qualifying project. If the project
309	309	275does not qualify, the director shall deny the consolidated permit and issue a written explanation 15 of 19
310	310	276of its determination to the applicant within thirty days of receiving the application. Within fifteen
311	311	277days of receiving notice that an application for a consolidated permit has been denied, an
312	312	278applicant may request reconsideration by the secretary. The secretary shall review the application
313	313	279and office’s determination and may issue a superseding determination that the project qualifies
314	314	280within fifteen days of receiving the request for reconsideration. Applicants may elect to have a
315	315	281pre-application meeting with the office to determine the eligibility of proposed electric
316	316	282decarbonization infrastructure projects.
317	317	283 (c)If the office confirms that the applicant’s proposed project is a qualifying project,
318	318	284the office shall, within thirty days of receiving an application, publish public notice of
319	319	285availability of the application. Concurrently with the publication of notice of availability of an
320	320	286application, the office shall forward the application to all state and local agencies that would
321	321	287otherwise have jurisdiction over any authorization required for the proposed project.
322	322	288 (d)Upon receiving notification of availability of an application for a consolidated
323	323	289permit from the office, such state agencies shall review the proposed electric decarbonization
324	324	290infrastructure project and identify potential significant site-specific adverse environmental
325	325	291impacts, if any, that may be caused or contributed to by the siting, design, construction, or
326	326	292operation of the project which are unable to be addressed by standard conditions and best
327	327	293management practices. Each agency may, but shall not be required to, propose special conditions
328	328	294that avoid, minimize, or mitigate, to the maximum extent practicable, such impacts, and shall
329	329	295submit a letter containing its recommendations to the office within the public comment period.
330	330	296 (e)A sixty day public comment period shall commence on the date of publication of
331	331	297notice of availability of an application. The office may require a site visit if a site visit is 16 of 19
332	332	298requested by any local or state agency or public commenter within the first thirty days of the
333	333	299public comment period.
334	334	300 (f)The office may consult with any agency recommending special conditions during
335	335	301the public comment period. At the request of the office, an agency may provide support to the
336	336	302office within the scope of their respective statutory expertise, provided, however, that the
337	337	303director shall have sole discretion over which special conditions to include, if any, in the final
338	338	304permit.
339	339	305 (g)A public hearing shall be held by the office if the electric decarbonization
340	340	306infrastructure project is proposed within one to five miles of an environmental justice population,
341	341	307as required in regulations promulgated pursuant to the Massachusetts Environmental Policy Act,
342	342	308or if requested by twenty-five or more residents of the commonwealth within thirty days of
343	343	309public notice. All hearings conducted pursuant to this chapter shall conform to the procedures
344	344	310established by the office in its regulations promulgated pursuant to this chapter. All hearings
345	345	311initiated under this section or pursuant to rules or regulations promulgated pursuant to this
346	346	312section may be conducted by the director or any person to whom the director shall delegate the
347	347	313power and authority to conduct such hearings or proceedings in the name of the office at any
348	348	314time and place.
349	349	315 (h)Within thirty days of closure of the public comment period, the office may request
350	350	316information from the applicant that is necessary to identify appropriate standard conditions and
351	351	317best management practices, and to assess any agency recommendations for special conditions.
352	352	318The applicant shall respond to the office’s request for information within thirty days. Failure to 17 of 19
353	353	319respond within thirty days may result in a proportional delay in the office’s period for issuing a
354	354	320decision on the application.
355	355	321 (i)No later than six months from the date of public notice, the office shall issue a
356	356	322consolidated permit either approving or approving with special conditions a qualifying project.
357	357	323The consolidated permit shall specify the state and local permits and authorizations that are
358	358	324encompassed therein and identify enforceable standard conditions and best management
359	359	325practices for the project, except that if a qualifying project is approved with special conditions,
360	360	326such special conditions shall replace or supplement standard conditions and best management
361	361	327practices, as stipulated in the consolidated permit. If the office fails to issue a consolidated
362	362	328permit for a qualifying project within six months of the date of public notice, the permit will be
363	363	329deemed approved and subject to all standard conditions and best management practices identified
364	364	330for electric decarbonization infrastructure projects of that class in the office’s regulations
365	365	331promulgated pursuant to this chapter; subject to such delays caused by the applicant’s failure to
366	366	332timely comply with the agency’s request for information, per subsection 10(h).
367	367	333 (j)The office shall conform to the objectives enumerated in subsection 6(e) of this
368	368	334chapter in reviewing an application and selecting applicable standard conditions, special
369	369	335conditions, and best management practices.
370	370	336 SECTION 11. Expedited Appeals Process.
371	371	337 (a)Any person aggrieved by the issuance or denial of a consolidated permit or other
372	372	338final decision of the office may seek judicial review of such decision as provided in this section.
373	373	339 (b)For purposes of this section, “person aggrieved” shall mean: (i) an applicant for a
374	374	340consolidated permit, or (ii) any other person who timely filed comments during the review of a 18 of 19
375	375	341consolidated permit and who can demonstrate substantial adverse impact from the issuance or
376	376	342denial of a consolidated permit unique from any such impacts on the general public.
377	377	343 (c)Appeals shall be limited to those filed within thirty days of permit issuance or
378	378	344denial, or other final decision of the office.
379	379	345 (d)The Supreme Judicial Court, or, at the discretion of the Court, a single justice
380	380	346thereof, shall have jurisdiction over appeals pursuant to this section and shall have the power to
381	381	347grant such relief as it deems just and proper, and to make and enter an order enforcing,
382	382	348modifying and enforcing as so modified, remanding for further specific findings, or setting aside
383	383	349in whole or in part such decision of the office. The jurisdiction of the Supreme Judicial Court
384	384	350shall be exclusive and its judgment and order shall be final. All such proceedings shall be heard
385	385	351and determined by the court as expeditiously as possible and with lawful precedence over all
386	386	352other matters.
387	387	353 (e)The appeal shall be heard on the record and upon briefs to the court in the same
388	388	354manner as appeals heard pursuant to sections 14 through 16 of Chapter 30A of the General Laws.
389	389	355The findings of fact on which such decision is based shall be conclusive if supported by
390	390	356substantial evidence on the record considered as a whole and matters of judicial notice set forth
391	391	357in the opinion. The grounds for and scope of review of the court shall be limited to whether the
392	392	358decision and action of the office is:
393	393	359 (i)in conformity with the constitution, laws and regulations of the commonwealth
394	394	360and the United States;
395	395	361 (ii)supported by substantial evidence in the record and matters of judicial notice
396	396	362properly considered and applied in the opinion; 19 of 19
397	397	363 (iii) within the office’s statutory jurisdiction or authority;
398	398	364 (iv)made in accordance with procedures set forth in this chapter or established by rule
399	399	365or regulation pursuant to this chapter;
400	400	366 (v) arbitrary, capricious or an abuse of discretion; and
401	401	367 (vi)made pursuant to a process that afforded meaningful involvement of citizens
402	402	368affected by the facility regardless of age, race, color, national origin and income.
403	403	369 SECTION 12. Monitoring and Enforcement; Permit Suspension and Revocation.
404	404	370 (a)The office is authorized to monitor the construction and operation of qualifying
405	405	371projects
406	406	372 to ensure compliance with all terms and conditions, including standard conditions, special
407	407	373conditions, and best management practices, set forth in a consolidated permit issued for such
408	408	374project.
409	409	375 (b)The office is authorized to take such actions as may be necessary in its discretion
410	410	376to enforce compliance with all terms and conditions, including standard conditions, special
411	411	377conditions, and best management practices, set forth in the consolidated permit, in accordance
412	412	378with its rules and regulations promulgated pursuant to this chapter; provided, however, that the
413	413	379office must first issue a detailed notice of the noncompliance to the permittee and allow the
414	414	380permittee fifteen days to cure the noncompliance.