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