Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4501 Compare Versions

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1	1	HOUSE . . . . . . . . No. 4501
2	2	The Commonwealth of Massachusetts
3	3	________________________________________
4	4	HOUSE OF REPRESENTATIVES , April 4, 2024.
5	5	The committee on Telecommunications, Utilities and Energy, to whom
6	6	was referred the petition (accompanied by bill, House, No. 3187) of
7	7	Adrian C. Madaro and others relative to energy facilities siting
8	8	improvement to address environmental justice, climate, and public health,
9	9	and the petition (accompanied by bill, House, No. 3215) of Jeffrey N. Roy
10	10	for legislation to expedite permitting for electric decarbonization
11	11	infrastructure projects, reports recommending that the accompanying bill
12	12	(House, No. 4501) ought to pass.
13	13	For the committee,
14	14	JEFFREY N. ROY. 1 of 27
15	15	FILED ON: 2/7/2024
16	16	HOUSE . . . . . . . . . . . . . . . No. 4501
17	17	The Commonwealth of Massachusetts
18	18	_______________
19	19	In the One Hundred and Ninety-Third General Court
20	20	(2023-2024)
21	21	_______________
22	22	An Act to expedite permitting for electric decarbonization infrastructure projects.
23	23	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
24	24	of the same, as follows:
25	25	1 SECTION 1. Section 69G of Chapter 164 of the General Laws is hereby amended by
26	26	2inserting after the definition of “electric company” the following: -
27	27	3 “Energy storage system”, a commercially available technology that is capable of
28	28	4absorbing energy, storing it for a period of time and thereafter dispatching the energy and which
29	29	5may be owned by an electric distribution company; provided, however, that an energy storage
30	30	6system shall (i) reduce the emission of greenhouse gases; (ii) reduce demand for peak electrical
31	31	7generation; (iii) defer or substitute for an investment in generation, transmission or distribution
32	32	8assets; or (iv) improve the reliable operation of the electrical transmission or distribution grid;
33	33	9and provided further, that an energy storage system shall: (1) use mechanical, chemical or
34	34	10thermal processes to store energy that was generated for use at a later time; (2) store thermal
35	35	11energy for direct heating or cooling use at a later time in a manner that avoids the need to use
36	36	12electricity at that later time; (3) use mechanical, chemical or thermal processes to store energy
37	37	13generated from renewable resources for use at a later time; or (4) use mechanical, chemical or 2 of 27
38	38	14thermal processes to capture or harness waste electricity and to store the waste electricity
39	39	15generated from mechanical processes for delivery at a later time.
40	40	16 SECTION 2. Chapter 164, Section 69K1/2 of the General Laws is hereby amended in
41	41	17line 1 by inserting after the word “facility” the following: - by striking the first sentence and
42	42	18replacing it with the following:
43	43	19 “Any applicant that proposes to construct or operate within the commonwealth a
44	44	20generating facility or an energy storage system designed for or capable of operating at a gross
45	45	21capacity of 100 megawatts or more as defined in section 1 including associated buildings,
46	46	22ancillary structures, and transmission interconnections that are not otherwise facilities, may
47	47	23petition the board for a certificate of environmental impact and public interest with respect to
48	48	24such generating facility or energy storage system.”
49	49	25 Chapter 164, Section 69K1/2 of the General Laws is further amended by inserting the
50	50	26phrase “or energy storage system” after the phrase “generating facility” in each instance that it
51	51	27occurs, and replacing the word “facility” in the last sentence of paragraph one with the
52	52	28following: “generating facility or energy storage system”.
53	53	29 SECTION 3.
54	54	30 Chapter 164, Section L1/2 of the General Laws is hereby amended by inserting the
55	55	31phrase “or energy storage system” after the phrase “generating facility” in subsection (a)(1) and
56	56	32(a)(2), and by inserting at the end of subsection (a)(3) the following: “and, further provided, that
57	57	33no such filing shall be required with respect to an energy storage system.
58	58	34 SECTION 4. 3 of 27
59	59	35 Chapter 164, Section 69O1/2 of the General Laws is hereby amended by striking the first
60	60	36sentence and replacing it with the following:
61	61	37 “As expeditiously as possible, but in no event later than 180 days from the date of filing a
62	62	38petition for a certificate pursuant to section 69K.5 with regard to a generating facility or to an
63	63	39energy storage system the board shall, by a majority vote, render a decision upon the petition
64	64	40either by denying the petition or by granting the petition, or by granting the petition subject to
65	65	41such terms and conditions as the board may determine.”
66	66	42 Chapter 164, Section 69O1/2 of the General Laws is further amended by inserting “or
67	67	43energy storage system” after each instance of the phrase “generating facility”.
68	68	44 SECTION 5
69	69	45 The General Laws are hereby amended by inserting after chapter 164B the following
70	70	46chapter 164C:
71	71	47 CHAPTER 164C: EXPEDITED PERMITTING FOR ELECTRIC
72	72	48DECARBONIZATION INFRASTRUCTURE PROJECTS
73	73	49 Section 1. Definitions.
74	74	50 As used in this chapter the following words shall, unless the context clearly requires
75	75	51otherwise, have the following meanings:
76	76	52 (1) “Advisory Opinion”, A written recommendation from a state and local governmental
77	77	53authority that would otherwise have jurisdiction over the permittee, or as provided at the request
78	78	54of the Office, regarding the siting of a proposed electric decarbonization infrastructure project,
79	79	55including its impacts and any methods or conditions to minimize such impacts. Advisory 4 of 27
80	80	56opinions of the state and local authorities are not final decisions and are not subject to judicial
81	81	57review or other delays in the Office’s review.
82	82	58 (2)“Agency”, an agency, department, board, commission or authority of the
83	83	59commonwealth, and any authority of any municipality which is specifically created as an
84	84	60authority under special or general law.
85	85	61 (3)“Applicant”, an electric company or developer of a RPS Class 1 project, as
86	86	62defined in section 11F of Chapter 25A, that applies for a consolidated permit pursuant to this
87	87	63chapter.
88	88	64 (4)“Best management practices”, broadly accepted industry practices that have been
89	89	65determined by the office pursuant to this chapter to be the most effective and practical means of
90	90	66avoiding, minimizing, or mitigating adverse environmental impacts caused by electric
91	91	67decarbonization infrastructure projects similar to the qualifying project.
92	92	68 (5) “Board”, the energy facilities siting board.
93	93	69 (6)“Consolidated permit”, a permit issued by the office pursuant to this chapter 21P
94	94	70and the rules and regulations promulgated by the office.
95	95	71 (7)“Cumulative impact analysis”, a written report that assesses whether the proposed
96	96	72facility is necessary to meet local energy use needs and that such need cannot be accomplished
97	97	73through less harmful means and considers the potential for harmful exposure, public health or
98	98	74environmental risk, or other effect occurring in a specific geographical area, including from any
99	99	75environmental pollution emitted or released routinely, accidentally, or otherwise, from any 5 of 27
100	100	76source, and assessed based on the combined past, present, and reasonably foreseeable emissions
101	101	77and discharges affecting the geographical area;
102	102	78 (8)“Department”, the department of environmental protection.
103	103	79 (9)“Director”, the director of the office.
104	104	80 (10)“Distributed generation”, means as defined section 1 of Chapter 164.
105	105	81 (11)“Distribution”, means as defined in section 1 of Chapter 164.
106	106	82 (12)“Distributed energy resources”, means as defined in section 1 of Chapter 164.
107	107	83 (13)“Electric company”, means as defined in section 1of Chapter 164.
108	108	84 (14)“Electric decarbonization infrastructure project”, electric sector infrastructure
109	109	85projects that: (i) improve grid reliability, communications, and resiliency; (ii) enable increased,
110	110	86timely adoption of and interconnection to renewable energy and distributed energy resources;
111	111	87(iii) deploy energy storage and electrification technologies necessary to decarbonize the
112	112	88environment and economy; (iv) prepare for future, climate-driven impacts on the transmission
113	113	89and distribution systems; (v) accommodate increased transportation electrification, increased
114	114	90building electrification, and other potential future demands on distribution, interconnection and,
115	115	91where applicable, transmission systems; (vi) accelerate the retirement of fossil fuel infrastructure
116	116	92assets including natural gas distribution systems; or (vii) otherwise facilitate or expand the
117	117	93commonwealth’s capacity to realize its statewide greenhouse gas requirements and goals.
118	118	94 (15)“Electric-sector modernization plan”, a plan required by and approved pursuant to
119	119	95section 92B of Chapter 164 of the General Laws. 6 of 27
120	120	96 (16)“Energy storage system”, means as defined in section 1 of Chapter 164.
121	121	97 (17)“Environmental impact report”, means as defined in section 62B of chapter 30.
122	122	98 (18) “Environmental justice community advocate”, the environmental justice community
123	123	99advocate established under Section 14 of this chapter.
124	124	100 (19)“Executive office”, the executive office of energy and environmental affairs.
125	125	101 (20)“Generation facility”, means as defined in section 1 of Chapter 164.
126	126	102 (21)“Host community”, any municipality within whose jurisdictional boundaries a
127	127	103qualifying project is proposed.
128	128	104 (22)“Municipality”, a city, town, or other political subdivision of the commonwealth.
129	129	105 (23)“Non-renewable energy”, means as defined in section 1 of Chapter 164.
130	130	106 (24)“Office”, the electric decarbonization infrastructure permitting office created by
131	131	107this chapter.
132	132	108 (25)“Permittee”, an electric company that has received a consolidated permit pursuant
133	133	109to this chapter.
134	134	110 (26)“Qualifying project”, an electric decarbonization infrastructure project
135	135	111 (27) “Ready for load date”, the first date when the applicant can operate the project at the
136	136	112proposed capacity.
137	137	113 (28)“Renewable energy”, means as defined in section 1 of Chapter 164.
138	138	114 (29)“Secretary”, the secretary of the executive office. 7 of 27
139	139	115 (30)“Standard conditions”, permit conditions designed to avoid, minimize, or mitigate
140	140	116potential adverse environmental impacts from the siting, design, construction, and operation of
141	141	117electric decarbonization infrastructure projects, which are codified in the office’s regulations and
142	142	118shall be applicable to all projects that receive a consolidated permit pursuant to this chapter 21P.
143	143	119 (31)“Special conditions”, permit conditions deemed necessary by the office to avoid,
144	144	120minimize, mitigate, or offset any potential significant site-specific adverse environmental
145	145	121impacts that may be caused or contributed to by the siting, design, construction, or operation of a
146	146	122qualifying project and are unable to be addressed by standard conditions and best management
147	147	123practices.
148	148	124 (32) “Total project costs”, all project costs incurred by the applicant up to the ready for
149	149	125load date.
150	150	126 (33)“Transmission”, means as defined in section 1 of Chapter 164.
151	151	127 Section 2. Establishment of Office; Authority.
152	152	128 (a)No later than 90 days after the enactment of this chapter, the board shall establish
153	153	129the office, consisting of a director appointed by the board and such staff as are necessary to
154	154	130undertake the duties of the office under this chapter.
155	155	131 (b)The office shall exercise its authority by and through the board and director as
156	156	132specified in this chapter. The director and staff shall collectively have expertise in electric
157	157	133sector decarbonization, permitting requirements for electric infrastructure projects, technical and
158	158	134engineering expertise in electric decarbonization infrastructure projects, community engagement 8 of 27
159	159	135and environmental justice policy, and such other areas as are necessary to carry out the purposes
160	160	136of this chapter.
161	161	137 Section 3. Funding of the Office.
162	162	138 (a)The office shall establish fees for any review of an application for a consolidated
163	163	139permit under this chapter or a violation of this chapter or regulation promulgated hereunder.
164	164	140Such fees shall be set such that they are reasonably expected to cover such reviews and the costs
165	165	141of salaries, services, equipment or other expenses that are incurred by the office including the
166	166	142salaries of the director and all staff, during such review. The application fee shall be sufficient to
167	167	143pay for an expert independent of the applicant or applicants to investigate, evaluate and render an
168	168	144opinion on the appropriateness and need of the site or sites proposed by the applicant or
169	169	145applicants, on any site or sites alternative to those proposed by the applicant or applicants and on
170	170	146compliance with standard conditions and any special conditions applicable to the project and the
171	171	147site. Such an expert shall be engaged by the office unless there is no objection to the proposed
172	172	148site or sites by any person during the public comment period and in any event at the request of
173	173	149any other person who timely filed comments during the public review process or of any other
174	174	150person who timely filed comments during the review of a consolidated permit and who can
175	175	151demonstrate substantial adverse impact from the issuance or denial of a consolidated permit
176	176	152unique from any such impacts on the general public.
177	177	153 (b)There shall be established and set up on the books of the commonwealth a
178	178	154separate fund. The office shall be the trustee of the fund and shall expend monies to finance
179	179	155operational activities of the office. The fund shall be credited any appropriations, bond proceeds
180	180	156or other monies authorized by the general court and specifically designated to be credited 9 of 27
181	181	157thereto, application fees for permits issued under this chapter and such additional funds as are
182	182	158subject to the direction and control of the office. All available monies in the fund that are
183	183	159unexpended at the end of each fiscal year shall not revert to the General Fund and shall be
184	184	160available for expenditure in the subsequent fiscal year. The office shall record all expenditures
185	185	161made by the office on the Massachusetts management and accounting reporting system
186	186	162according to regulations established by the state comptroller.
187	187	163 (c)The office shall, for the purposes of compliance with state finance law, operate as
188	188	164a state agency as defined in section 1 of chapter 29 and shall be subject to the provisions
189	189	165applicable to agencies under the control of the governor including, but not limited to, chapters 7,
190	190	1667A, 10 and 29; provided, however, that the comptroller may identify any additional instructions
191	191	167or actions necessary for the office to manage fiscal operations in the state accounting system and
192	192	168meet statewide and other governmental accounting and audit standards. Unless otherwise
193	193	169exempted by law or the applicable central service agency, the office shall participate in any other
194	194	170available commonwealth central services including, but not limited, to the state payroll system
195	195	171under section 31 of said chapter 29 and may purchase other goods and services provided by state
196	196	172agencies in accordance with comptroller provisions. The comptroller may chargeback the office
197	197	173for the transition and ongoing costs for participation in the state accounting and payroll systems
198	198	174and may retain and expend such costs without further appropriation for the purposes of this
199	199	175section. The office shall be subject to section 5D of chapter 29 and subsection (f) of section 6B
200	200	176of chapter 29.
201	201	177 (d)In addition to the foregoing, the office shall annually seek funding from state
202	202	178appropriations to fund a dedicated reviewer at the Massachusetts Historical Commission who 10 of 27
203	203	179shall conduct reviews of qualifying projects pursuant to section 106 of the National Historic
204	204	180Preservation Act, when applicable.
205	205	181 (e) An electric company shall provide to each municipality within its service area a list of
206	206	182all electric decarbonization infrastructure projects and their sites under consideration within that
207	207	183municipality and abutting municipalities, which list shall be updated every six months. The
208	208	184municipality shall within 90 days of receipt of the list provide to the electric company any
209	209	185objections to each such project or site. Upon receipt of any such objections, the municipality and
210	210	186electric company shall undertake to resolve such objections within 90 days thereafter. No
211	211	187application by the electric company in its own name or by any person acting for, at the behest of,
212	212	188in coordination with, as a proxy for or on behalf of the electric company for a consolidated
213	213	189permit for a specific project or a specific site shall be filed before the 90-day resolution period
214	214	190for such project or site has ended.
215	215	191 Section 4. Board and Office Responsibilities; Objectives.
216	216	192 (a)The board shall be charged with:
217	217	193 (i)developing and promulgating rules and regulations to implement this chapter,
218	218	194including by codifying standard conditions that shall apply uniformly to permitted qualifying
219	219	195projects, including, without limitation, by adopting by reference such standard conditions as have
220	220	196been developed by other agencies;
221	221	197 (ii)adopting best management practices that may be incorporated by reference into
222	222	198consolidated permits issued under this chapter, including, without limitation, best management
223	223	199practices that have been developed by an electric company and incorporated into their permits
224	224	200before the enactment of this chapter, and applicable best management practices utilized by 11 of 27
225	225	201agencies in permitting similar electric decarbonization infrastructure projects prior to the
226	226	202enactment of this chapter;
227	227	203 (iii)approving and issuing consolidated permits
228	228	204 (iv)ensuring said standard conditions and best management practices comply with
229	229	205environmental justice principles as established in sections 62 through 62L, inclusive, of chapter
230	230	20630;
231	231	207 (v)developing model host community agreements for qualifying projects that reflect
232	232	208said best management practices, standard conditions, and environmental justice principles,
233	233	209publishing said materials in a publicly-accessible manner, and distributing said materials to
234	234	210applicants and municipalities upon receipt of an application;
235	235	211 (b)The office shall be charged with:
236	236	212 (i)receiving, reviewing, and promptly acting upon applications for qualifying
237	237	213projects in accordance with this chapter and the rules and regulations promulgated by the board;
238	238	214 (ii) submitting recommended consolidated permits to the board for approval;
239	239	215 (iii)transferring, as necessary, consolidated permits;
240	240	216 (iv)monitoring projects permitted pursuant to this chapter and enforcing compliance
241	241	217with all terms and conditions therein; and
242	242	218 (v)conducting public hearings, inter-agency consultations, and other procedures
243	243	219incident to the permitting process that are necessary to effectuate this chapter’s purposes.(c) 12 of 27
244	244	220 The board shall, within one year of the enactment of this chapter, promulgate regulations
245	245	221which:
246	246	222 (i)establish the consolidated permit application form and application fee for
247	247	223qualifying projects;
248	248	224 (ii)codify the consolidated permit application process and timeline for qualifying
249	249	225projects;
250	250	226 (iii)codify a process for applicants to submit cumulative impact analysis and
251	251	227environmental impact reports for all qualifying projects;
252	252	228 (iv)establish classes of electric decarbonization infrastructure projects based on
253	253	229common features, including structure and typical environmental impacts and develop a general
254	254	230permit for each class that includes (a) standard conditions that shall apply uniformly within the
255	255	231class and (b) uniform best management practices for each class that will be incorporated in the
256	256	232consolidated permit, by reference;
257	257	233 (v)develop and publish model host community agreements that include standard
258	258	234conditions, best management practices, estimated compensatory mitigation, and other
259	259	235community benefits for each class of electric decarbonization infrastructure project;
260	260	236 (vi)establish criteria for the review of special conditions proposed for inclusion in the
261	261	237consolidated permit;
262	262	238 (vii)establish an in lieu fee program for compensatory mitigation;
263	263	239 (viii) establish regulations that result in implementation of fire safety provisions related to
264	264	240battery and electric vehicle charging and attached home battery storage; 13 of 27
265	265	241 (ix)establish a process and timeline for the review of requests for the modification of
266	266	242consolidated permits previously granted;
267	267	243 (x)establish a protocol for monitoring and compliance enforcement, including any
268	268	244applicable penalties for noncompliance; and
269	269	245 (xi)establish such additional rules and procedures as necessary to implement and
270	270	246effectuate this chapter.
271	271	247 (d)In developing the general permit for each class of electric decarbonization
272	272	248infrastructure project, the board shall consult with electric companies, the environmental justice
273	273	249community advocate, municipalities, the department, the executive office, the department of
274	274	250public utilities, the energy facilities siting board, the environmental justice council, the executive
275	275	251office of public safety and security, the department of fire services, and other relevant state
276	276	252agencies with applicable subject matter expertise.
277	277	253 (e)Prior to the adoption of the general permit for each class of electric
278	278	254decarbonization infrastructure project, the board, in consultation with the environmental justice
279	279	255council, shall hold two public hearings to solicit comments from the public.
280	280	256 (f)The board shall ensure that its activity pursuant to this chapter provides for and is
281	281	257consistent with the objectives enumerated in this subsection. The board shall also ensure that all
282	282	258general permits advance:
283	283	259 (i)public safety;
284	284	260 (ii)protection of the environment and vulnerable natural resources;
285	285	261 (iii)electric sector decarbonization; 14 of 27
286	286	262 (iv)minimization or mitigation of land use impacts;
287	287	263 (v)protection of environmental justice populations and environmental justice
288	288	264principles as defined in section 62 of chapter 30;
289	289	265 (vi) progress toward the commonwealth’s emissions reduction goals; and
290	290	266 (vii)minimization or mitigation of impacts on the ratepayers of the commonwealth.
291	291	267 (g) Notwithstanding the foregoing, land and areas subject to Section 40 of Chapter 131
292	292	268and subject to rules and regulations promulgated thereunder or by a conservation commission
293	293	269established pursuant to Section 8C of Chapter 40 shall be exempt from a consolidated permit
294	294	270unless the applicant establishes by a preponderance of the evidence that there is no feasible route
295	295	271or alternative site for the proposed electric decarbonization infrastructure project, and, in that
296	296	272event, such project shall be located and constructed in a manner that is least intrusive on
297	297	273wetlands values as determined by the board under Section 4.
298	298	274 Section 5. Consolidated Permits; Transfer and Modification.
299	299	275 (a)Upon approving a qualifying project, the board shall issue the consolidated permit
300	300	276to the applicant which encompasses all state, regional, and local authorizations and
301	301	277authorizations needed for the exercise of eminent domain for underground easements and
302	302	278associated access for underground transmission, subject to article 97 of the Constitution, as may
303	303	279be necessary for electric decarbonization infrastructure siting, construction, upgrades, and
304	304	280operation.
305	305	281 (b)The consolidated permit shall be enforceable by the office in the manner provided
306	306	282in Section 10 and any applicable rules and regulations promulgated pursuant to this chapter. All 15 of 27
307	307	283standard conditions, special conditions, and best management practices identified in a
308	308	284consolidated permit shall constitute enforceable provisions of the consolidated permit.
309	309	285 (c)After consideration of the recommendations of the Advisory Opinions, the board
310	310	286shall have sole and final discretion over the terms and conditions of the permit, including
311	311	287standard conditions, special conditions, and best management practices; provided, however, the
312	312	288board shall comply with subsection 4(e) of this chapter in selecting applicable standard
313	313	289conditions, special conditions, and best management practices.
314	314	290 (d)A consolidated permit issued by the board may be transferred or assigned, subject
315	315	291to the prior written approval of the office, to an electric company that agrees to comply with the
316	316	292terms, limitations, and conditions contained in said permit.
317	317	293 Section 6. Standard Conditions, Best Management Practices, and Community Benefits.
318	318	294 (a)The standard conditions established pursuant to this chapter shall be designed to
319	319	295avoid, minimize, or mitigate, to the maximum extent practicable, any potential significant
320	320	296adverse environmental and social impacts caused or contributed to by the siting, design,
321	321	297construction, upgrades to, or operation of qualifying projects. Such uniform standard conditions
322	322	298shall apply to those environmental and social impacts the office determines are common to each
323	323	299class of electric decarbonization infrastructure projects.
324	324	300 (b)The office shall promulgate regulations establishing an in lieu fee program for
325	325	301compensatory environmental mitigation that effectuates the restoration, establishment,
326	326	302enhancement or preservation of comparable environmental resources through funds paid to a
327	327	303government or non-profit entity. The in lieu fee program may be used at the election of the
328	328	304applicant to satisfy the standard of mitigation to the maximum extent practicable and advance the 16 of 27
329	329	305objectives enumerated in subsection 4(f) of this chapter only to the extent that the office finds
330	330	306that avoidance and minimization are not practicable.
331	331	307 (c)The office shall develop and incorporate by reference in consolidated permits
332	332	308issued pursuant to this chapter best management practices based on best management practices
333	333	309that have been developed by an electric company and incorporated into their permits before the
334	334	310enactment of this chapter; as well as any applicable best management practices adopted by
335	335	311agencies in permitting similar electric decarbonization infrastructure projects prior to the
336	336	312enactment of this chapter. Such best management practices shall become enforceable terms of
337	337	313the consolidated permit when incorporated by reference therein.
338	338	314 (d)All standard conditions and best management practices shall, as applied to each
339	339	315qualifying project, conform to or advance the objectives enumerated in subsection 6(e) of this
340	340	316chapter.
341	341	317 Section 7. Applicant; Preemption.
342	342	318 (a)An electric company may, in lieu of seeking other permits or approvals as are
343	343	319required by the commonwealth, any department, commission, board or subdivision thereof, and
344	344	320any city or town, request that the office issue a consolidated permit for an electric
345	345	321decarbonization infrastructure project in accordance with this chapter, subject to the exemption
346	346	322in subsection 4(f). Any such project for which a consolidated permit is issued shall thereafter be
347	347	323built, maintained, upgraded, or operated in conformity with the terms, standard conditions, and
348	348	324special conditions, if any, contained in the consolidated permit.
349	349	325 (b)The board shall have exclusive authority over qualifying projects that seek a
350	350	326consolidated permit. No city or town or regional authority shall have authority over any 17 of 27
351	351	327qualifying project undergoing permitting through the board nor shall any city or town or regional
352	352	328authority enact any bylaw, ordinance, or regulation with respect to qualifying projects
353	353	329undergoing permitting through the board.
354	354	330 (c)Notwithstanding any other provision of law, no other state agency, department, or
355	355	331authority, nor any municipality or agency thereof, may, except as expressly authorized under this
356	356	332chapter or the rules and regulations promulgated under this chapter, require any approval,
357	357	333consent, permit, certificate, contract, agreement, memorandum of understanding, or other
358	358	334condition for the development, design, construction, upgrades to, or operation of qualifying
359	359	335projects for which a consolidated permit has been granted in accordance with this chapter. This
360	360	336chapter shall supersede and replace all permitting and authorization requirements for qualifying
361	361	337projects for which a consolidated permit has been granted that would otherwise be required by
362	362	338the commonwealth, any department, commission, board or subdivision thereof, and any regional
363	363	339authority, city or town.
364	364	340 (d)Nothing in this chapter shall exempt any qualifying project granted a consolidated
365	365	341permit from compliance with all applicable federal laws and regulations.
366	366	342 (e)This section shall not apply to normal repairs, maintenance, replacements, non-
367	367	343material modifications and non- material improvements of electric sector infrastructure,
368	368	344whenever built, which are performed in the ordinary course of business and which do not
369	369	345constitute a violation of any applicable existing permit, including but not limited to projects
370	370	346otherwise exempt under Section 40 of Chapter 131 of the General Laws, Chapter 91 of the
371	371	347General Laws, or Section 61 of Chapter 30 of the General Laws.
372	372	348 Section 8. Application Review Process; Permit Issuance. 18 of 27
373	373	349 (a)Applicants shall initiate the application process for a consolidated permit by
374	374	350submitting a single application to the office in such form and detail as the board shall prescribe
375	375	351in its regulations promulgated pursuant to this chapter. Applications shall include, at a minimum
376	376	352the following information, in addition to any other information the office may require:
377	377	353 (i)a cover sheet listing all substantive local and state permits and authorizations that
378	378	354the applicant would have otherwise been required to obtain prior to commencing the electric
379	379	355decarbonization infrastructure project;
380	380	356 (ii)a description of the proposed project;
381	381	357 (iii)an explanation of why the applicant’s project should be considered a qualifying
382	382	358project pursuant to this chapter;
383	383	359 (iv)proof of consultation with the host community with respect to the project and its
384	384	360potential impacts;
385	385	361 (v)documentation that all Massachusetts Environmental Policy Act requirements for
386	386	362advance notification to environmental justice populations, as defined in section 62 of chapter 30,
387	387	363have been met by the applicant, in accordance with Massachusetts Environmental Policy Act
388	388	364regulations;
389	389	365 (vi)an outreach plan for engagement with environmental justice populations, in
390	390	366accordance with Massachusetts Environmental Policy Act regulations;
391	391	367 (vii)documentation of compliance with any other pre-application substantive or
392	392	368procedural requirements of the Massachusetts Environmental Policy Act and its regulations; 19 of 27
393	393	369 (viii)an environmental impact report and cumulative impact analysis for all projects
394	394	370located in host communities with identified environmental justice populations; and
395	395	371 (ix) an application fee in the amount specified by the office in its regulations promulgated
396	396	372pursuant to this chapter.
397	397	373 (b)Within thirty days of receiving an application, the office shall determine whether
398	398	374the proposed electric decarbonization infrastructure project is a qualifying project. If the project
399	399	375does not qualify, the director shall deny the consolidated permit and issue a written explanation
400	400	376of its determination to the applicant within thirty days of receiving the application. Within fifteen
401	401	377days of receiving notice that an application for a consolidated permit has been denied, an
402	402	378applicant may request reconsideration by the board. The board shall review the application and
403	403	379office’s determination and may issue a superseding determination that the project qualifies
404	404	380within fifteen days of receiving the request for reconsideration. Applicants may elect to have a
405	405	381pre-application meeting with the office to determine the eligibility of proposed electric
406	406	382decarbonization infrastructure projects.
407	407	383 (c)If the office confirms that the applicant’s proposed project is a qualifying project,
408	408	384the office shall, within thirty days of receiving an application, publish public notice of
409	409	385availability of the application. Concurrently with the publication of notice of availability of an
410	410	386application, the office shall forward the application to the environmental justice community
411	411	387advocate and all state and local agencies that would otherwise have jurisdiction over any
412	412	388authorization required for the proposed project.
413	413	389 (d)Upon receiving notification of availability of an application for a consolidated
414	414	390permit from the office, such state and local agencies and the environmental justice community 20 of 27
415	415	391advocate shall review the proposed electric decarbonization infrastructure project and identify
416	416	392potential significant site-specific adverse environmental impacts, if any, that may be caused or
417	417	393contributed to by the siting, design, construction, or operation of the project which are unable to
418	418	394be addressed by standard conditions and best management practices. Each agency and the
419	419	395environmental justice community advocate may, but shall not be required to, propose special
420	420	396conditions that avoid, minimize, or mitigate, to the maximum extent practicable, such impacts,
421	421	397and shall submit an advisory opinion containing its recommendations to the office within the
422	422	398public comment period.
423	423	399 (e)A sixty day public comment period shall commence on the date of publication of
424	424	400notice of availability of an application. The office may require a site visit if a site visit is
425	425	401requested by any local or state agency or public commenter within the first thirty days of the
426	426	402public comment period.
427	427	403 (f)The office may consult with any agency recommending special conditions during
428	428	404the public comment period. At the request of the office, an agency may provide support to the
429	429	405office within the scope of their respective statutory expertise, provided, however, that the
430	430	406director shall have sole discretion over which special conditions to include, if any, in the
431	431	407recommended consolidated permit submitted to the board.
432	432	408 (g)During the sixty-day comment period, a public hearing shall be held by the office
433	433	409if the electric decarbonization infrastructure project is proposed within five miles of an
434	434	410environmental justice population or if requested by twenty-five or more residents of the
435	435	411commonwealth within thirty days of public notice. All hearings conducted pursuant to this
436	436	412chapter shall conform to the procedures established by the office in its regulations promulgated 21 of 27
437	437	413pursuant to this chapter. All hearings initiated under this section or pursuant to rules or
438	438	414regulations promulgated pursuant to this section may be conducted by the director or any person
439	439	415to whom the director shall delegate the power and authority to conduct such hearings or
440	440	416proceedings in the name of the office at any time and place.
441	441	417 (h)At any time during the public comment period and within thirty days of closure of
442	442	418the public comment period, the office may request information from the applicant that is
443	443	419necessary to identify appropriate standard conditions and best management practices, and to
444	444	420assess any agency recommendations for special conditions. The applicant shall respond to the
445	445	421office’s request for information within thirty days. Failure to respond within thirty days may
446	446	422result in a proportional delay in the office’s period for issuing a decision on the application.
447	447	423 (i)No later than one year from the date of public notice, plus any additional time as
448	448	424provided in subsection (h) of this section, the office shall submit to the board a recommended
449	449	425consolidated permit either approving or approving with special conditions a qualifying project.
450	450	426The recommended consolidated permit shall specify the state and local permits and
451	451	427authorizations that are encompassed therein and identify enforceable standard conditions and
452	452	428best management practices for the project in accordance with the regulations established under
453	453	429this chapter, except that if a qualifying project is recommended with special conditions, such
454	454	430special conditions shall replace or supplement standard conditions and best management
455	455	431practices, as stipulated in the consolidated permit. If an environmental impact report and
456	456	432cumulative impact assessment are required, the office shall only issue permits for projects where
457	457	433the environmental impact report demonstrates a finding of environmental and energy benefits to
458	458	434the impacted environmental justice populations without significant environmental or energy 22 of 27
459	459	435burdens and the cumulative impact assessment demonstrates that there is no adverse public
460	460	436health, environmental, or climate impact to the impacted communities.
461	461	437 (j) Within one month from the date the office submits the recommended consolidated
462	462	438permit to the board, the board shall issue a final consolidated permit either approving the
463	463	439recommended consolidated permit or approving the recommended consolidated permit with
464	464	440changes to the special conditions. The board shall only change the special conditions in a
465	465	441recommended consolidated permit if those special conditions do not meet the regulatory criteria
466	466	442established for special conditions under subsection 4(c).
467	467	443 (k)If the board fails to issue a consolidated permit for a qualifying project within one
468	468	444month from the date the office submits the recommended consolidated permit to the board, the
469	469	445permit will be deemed approved and subject to all standard conditions and best management
470	470	446practices identified for electric decarbonization infrastructure projects of that class in the office’s
471	471	447regulations promulgated pursuant to this chapter; subject to such delays caused by the applicant’s
472	472	448failure to timely comply with the agency’s request for information, per subsection 10(h). In the
473	473	449event that the permit is approved pursuant to this subsection, the office shall inform all
474	474	450participants in the public hearing and public comment process of their right to seek judicial
475	475	451review under section 11 within 7 days of approval.
476	476	452 (l)The board and office shall conform to the regulations established under
477	477	453subsection 6(c) and the objectives enumerated in subsection 4(f) of this chapter in reviewing an
478	478	454application and selecting applicable standard conditions, special conditions, and best
479	479	455management practices.
480	480	456 Section 9. Expedited Appeals Process. 23 of 27
481	481	457 (a)Any person aggrieved by the issuance or denial of a consolidated permit or other
482	482	458final decision of the board may seek judicial review of such decision as provided in this section.
483	483	459 (b)For purposes of this section, “person aggrieved” shall mean: (i) an applicant for a
484	484	460consolidated permit, or (ii) any other person who timely filed comments during the review of a
485	485	461consolidated permit and who can demonstrate substantial adverse impact from the issuance or
486	486	462denial of a consolidated permit unique from any such impacts on the general public.
487	487	463 (c)Appeals shall be limited to those filed within thirty days of permit issuance or
488	488	464denial, or other final decision of the board.
489	489	465 (d)The Supreme Judicial Court, or, at the discretion of the Court, a single justice
490	490	466thereof, shall have jurisdiction over appeals pursuant to this section and shall have the power to
491	491	467grant such relief as it deems just and proper, and to make and enter an order enforcing,
492	492	468modifying and enforcing as so modified, remanding for further specific findings, or setting aside
493	493	469in whole or in part such decision of the board. The jurisdiction of the Supreme Judicial Court
494	494	470shall be exclusive and its judgment and order shall be final. All such proceedings shall be heard
495	495	471and determined by the court as expeditiously as possible and with lawful precedence over all
496	496	472other matters.
497	497	473 (e)The appeal shall be heard on the record and upon briefs to the court in the same
498	498	474manner as appeals heard pursuant to sections 14 through 16 of Chapter 30A of the General Laws.
499	499	475The findings of fact on which such decision is based shall be conclusive if supported by
500	500	476substantial evidence on the record considered as a whole and matters of judicial notice set forth
501	501	477in the opinion. The grounds for and scope of review of the court shall be limited to whether the
502	502	478decision and action of the board is: 24 of 27
503	503	479 (i)in conformity with the constitution, laws and regulations of the commonwealth
504	504	480and the United States;
505	505	481 (ii)supported by substantial evidence in the record and matters of judicial notice
506	506	482properly considered and applied in the opinion;
507	507	483 (iii) within the board’s statutory jurisdiction or authority;
508	508	484 (iv)made in accordance with procedures set forth in this chapter or established by rule
509	509	485or regulation pursuant to this chapter;
510	510	486 (v) arbitrary, capricious or an abuse of discretion; and
511	511	487 (vi)made pursuant to a process that afforded meaningful involvement of citizens
512	512	488affected by the facility regardless of age, race, color, national origin and income.
513	513	489 Section 10. Monitoring and Enforcement; Permit Suspension and Revocation.
514	514	490 (a)The office is authorized to monitor the construction and operation of qualifying
515	515	491projects
516	516	492 to ensure compliance with all terms and conditions, including standard conditions, special
517	517	493conditions, and best management practices, set forth in a consolidated permit issued for such
518	518	494project.
519	519	495 (b)The office is authorized to take such actions as may be necessary in its discretion
520	520	496to enforce compliance with all terms and conditions, including standard conditions, special
521	521	497conditions, and best management practices, set forth in the consolidated permit, in accordance
522	522	498with its rules and regulations promulgated pursuant to this chapter; provided, however, that the 25 of 27
523	523	499office must first issue a detailed notice of the noncompliance to the permittee and allow the
524	524	500permittee fifteen days to cure the noncompliance.
525	525	501 Section 11. Massachusetts Community Just Transition Trust Fund.
526	526	502 1. Within thirty days of the ready for load date for the project, applicants shall pay to
527	527	503the board a surcharge based on the total project cost of the qualifying project.
528	528	504 2. The surcharge for qualifying projects shall be one percent (1.0%) of total project
529	529	505cost for all projects, except that the surcharge shall be one and one half percent (1.5%) for a
530	530	506project that includes an element sited within an environmental justice population, as defined in
531	531	507section 62 of chapter 30.
532	532	508 3. The surcharge shall be deposited by the board into the fund created by this
533	533	509section.
534	534	510 4. There shall be established and set up on the books of the commonwealth a
535	535	511separate fund, to be known as the Massachusetts Community Just Transition Trust Fund. The
536	536	512fund shall consist of all monies received pursuant to this section, as well as any monies received
537	537	513by the commonwealth from public and private sources as gifts, grants and donations to further a
538	538	514just and equitable transition to a decarbonized electric sector.
539	539	515 5. The executive office shall be the trustee of the fund and may deposit or invest
540	540	516revenue from the fund in savings banks, trust companies incorporated under the laws of the
541	541	517commonwealth, or banking companies incorporated under the laws of the commonwealth which
542	542	518are members of the Federal Deposit Insurance Corporation or national banks, and any income
543	543	519therefrom shall be credited to the fund. Any monies that are unexpended at the end of each fiscal 26 of 27
544	544	520year shall not revert to the General Fund and shall remain in the Massachusetts Community Just
545	545	521Transition Fund and be available for expenditure in the subsequent fiscal year.
546	546	522 6. The expenditure of revenues from the fund shall be solely for assisting
547	547	523communities and environmental justice populations transition to a decarbonized electric sector
548	548	524and to improve the reliability and resiliency of such communities in preparation for future,
549	549	525climate-driven impacts.
550	550	526 7. The secretary shall, within one year of the enactment of this chapter, establish
551	551	527guidelines for the expenditure of revenues from the fund. Such guidelines shall advance the
552	552	528objectives stated in Section 92B(a)(i)-(vi) of chapter 164 and shall conform with the
553	553	529environmental justice policies and principles established by the executive office.
554	554	530 8. The executive office shall make expenditures and disbursements of revenue from
555	555	531this fund in accordance with subsection 13(f) of this chapter and the guidance promulgated under
556	556	532subsection 13(g) without further appropriation. The executive office shall record all expenditures
557	557	533and disbursements made from this fund on the Massachusetts management and accounting
558	558	534reporting system according to regulations established by the state comptroller, and shall also
559	559	535maintain an online list of projects and initiatives supported by this fund.
560	560	536 Section 12. Environmental Justice Community Advocate
561	561	537 1. An environmental justice community advocate shall be appointed by the
562	562	538secretary, with input from and consultation with the Environmental Justice Council at the
563	563	539executive office. 27 of 27
564	564	540 2. The salary of the environmental justice community advocate, along with such
565	565	541support staff as necessary to fulfill the objectives in this section, shall be funded in accordance
566	566	542with section 5(a) of this chapter.
567	567	543 3. The environmental justice community advocate shall be charged with:
568	568	544 1. determining which classes of qualifying projects shall be subject to review of the
569	569	545environmental justice community advocate and publishing a public list of such classes;
570	570	546 2. reviewing applications for qualifying projects that are subject to review by the
571	571	547environmental justice community advocate and within environmental justice communities,
572	572	548coordinating comments from community groups, and recommending mitigation to be funded
573	573	549through the Massachusetts Community Just Transition Fund;
574	574	550 3. meeting quarterly with electric utilities to:
575	575	551 a. identify future projects that are subject to the environmental justice advocate’s
576	576	552review and planned within environmental justice communities and discuss potential impacts and
577	577	553alternatives;
578	578	554 1. discuss the progress of ongoing qualifying projects subject to environmental
579	579	555justice advocate review and ensure that communication of the project’s status and benefits is
580	580	556consistent and continuous; and
581	581	557 2. participate in strategic planning discussions for meeting electric sector
582	582	558decarbonization and modernization needs of environmental justice communities served by the
583	583	559utility; and
584	584	560 4. establishing and maintaining current a list of environmental justice community groups.