Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2113 Compare Versions

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

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1	1	1 of 2
2	2	SENATE DOCKET, NO. 505 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2113
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sal N. DiDomenico
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to energy facilities siting improvement to address environmental justice, climate,
13	13	and public health.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and SuffolkLydia EdwardsThird Suffolk1/18/2023Liz MirandaSecond Suffolk1/23/2023Vanna Howard17th Middlesex1/31/2023Vanna Howard17th Middlesex1/31/2023Jack Patrick Lewis7th Middlesex1/31/2023Jason M. LewisFifth Middlesex1/31/2023John J. CroninWorcester and Middlesex2/7/2023James K. Hawkins2nd Bristol2/8/2023Thomas M. Stanley9th Middlesex2/8/2023Carmine Lawrence Gentile13th Middlesex2/10/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/10/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/10/2023James B. EldridgeMiddlesex and Worcester2/14/2023Michael O. MooreSecond Worcester2/21/2023Adam GomezHampden2/23/2023Patricia D. JehlenSecond Middlesex3/2/2023 2 of 2
17	17	Paul R. FeeneyBristol and Norfolk3/7/2023 1 of 19
18	18	SENATE DOCKET, NO. 505 FILED ON: 1/17/2023
19	19	SENATE . . . . . . . . . . . . . . No. 2113
20	20	By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 2113) of Sal N. DiDomenico,
21	21	Lydia Edwards, Liz Miranda, Vanna Howard and other members of the General Court for
22	22	legislation relative to energy facilities siting reform to address environmental justice, climate,
23	23	and public health. Telecommunications, Utilities and Energy.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE SENATE, NO. 2135 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	An Act relative to energy facilities siting improvement to address environmental justice, climate,
32	32	and public health.
33	33	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
34	34	of the same, as follows:
35	35	1 SECTION 1. Section 69J¼ of Chapter 164 is amended by inserting the following two
36	36	2paragraphs after the first paragraph:-
37	37	3 Prior to an applicant submitting a petition to construct a facility or generating facility
38	38	4pursuant to this section or petition for construction pursuant to Section 69J or petition for
39	39	5construction of transmission lines pursuant to Section 71, a petitioner must develop a preliminary
40	40	6project statement about the facility that includes detailed information about the need, public
41	41	7health, environmental, and climate risks and burdens, environmental, energy, economic, and
42	42	8health benefits for communities within five miles of the facility. As part of this statement, the
43	43	9applicant must identify the location of all environmental justice populations within five miles of 2 of 19
44	44	10the facility. The project statement shall include a statement of reasonable alternatives, such as
45	45	11different designs and locations to avoid and minimize damage to the environment and public
46	46	12health. Prior to filing a petition to the siting board, the preliminary project statement shall be
47	47	13shared with community-based organizations, elected officials, and civic organizations who will
48	48	14potentially be impacted by the project located within five miles, posted to a public website, and
49	49	15translated into multiple languages, as relevant to the local populations. Within 30 days of
50	50	16submitting that statement, the project proponent shall invite community-based organizations,
51	51	17local elected officials, the director of environmental justice at the executive office of energy and
52	52	18environmental affairs, and director of the energy facilities siting board to a meeting to review the
53	53	19proposed project. An applicant shall make adjustments to the project that address environmental
54	54	20justice population concerns about safety, public health, location, or mitigation, or abandon plans
55	55	21to file its petition to the board. These tasks may be satisfied through procedures completed
56	56	22during environmental review pursuant to chapter 30, sections 61 through 62H. The Secretary of
57	57	23the Executive Office of Energy and Environmental Affairs, through a Massachusetts
58	58	24Environmental Policy Act Certificate shall determine whether an applicant made adjustments to
59	59	25the project that address environmental justice population concerns about safety, public health,
60	60	26location, or mitigation.
61	61	27 SECTION 2. Section 69H of chapter 164 shall be amended by striking the first paragraph
62	62	28and replacing it with the following two paragraphs:- "There is hereby established an energy
63	63	29facilities siting board within the department, but not under the supervision or control of the
64	64	30department. Said board shall implement the provisions contained in sections 69H to 69Q,
65	65	31inclusive, so as to provide a reliable energy supply for the commonwealth with a minimum
66	66	32impact on the environment and public health, and with a minimum impact on the overall well- 3 of 19
67	67	33being of residents located within two miles of the project at the lowest possible cost after these
68	68	34impacts are considered. To accomplish this, the board shall review the historic impacts of nearby
69	69	35industrial operations and undesirable land uses on environmental justice populations,
70	70	36environmental, climate, and public health impacts, the need for and the cost of transmission
71	71	37lines, natural gas pipelines, facilities for the manufacture and storage of gas, and oil facilities;
72	72	38provided, however, that the board shall review only the environmental impacts of generating
73	73	39facilities, consistent with the commonwealth’s policy of allowing market forces to determine the
74	74	40need for and cost of such facilities. Such reviews shall be conducted consistent with section
75	75	4169J1/4 for generating facilities and with section 69J for all other facilities. Before approving the
76	76	42construction, operation and/or alteration of facilities, the board shall determine whether cost-
77	77	43effective efficiency and conservation opportunities provide an appropriate alternative to the
78	78	44proposed facility. All petitions shall (a) demonstrate to the board that the planning, design,
79	79	45engineering and specifications for the project include adaptation measures sufficient to address
80	80	46climate risks that will arise over the economic life of the project or the term of financing,
81	81	47whichever is longer, based on the best available climate science; and (b) disclose in all design
82	82	48engineering, architectural, or other drawings the climate assumptions used in evaluating and
83	83	49addressing climate risks. It shall be the policy of the Commonwealth to minimize the negative
84	84	50impacts of climate change and the energy transition on environmental justice populations and
85	85	51prioritize renewable energy and climate adaptation investment in these areas."
86	86	52 SECTION 3. Section 69H of chapter 164 shall be amended by removing the second
87	87	53paragraph and replacing it with the following paragraph:- "The board shall be composed of the
88	88	54secretary of energy and environmental affairs, who shall serve as chairperson, the secretary of
89	89	55housing and economic development, the commissioner of the department of environmental 4 of 19
90	90	56protection, the commissioner of the division of energy resources, 2 commissioners of the
91	91	57commonwealth utilities commission, or the designees of any of the foregoing, and 5 public
92	92	58members to be appointed by the governor for a term coterminous with that of the governor, 1 of
93	93	59whom shall be experienced in environmental issues, 1 of whom shall be experienced in labor
94	94	60issues, 1 of whom shall be experienced in energy issues, and 2 of whom shall be experienced in
95	95	61community issues associated with the siting of energy facilities with at least of one these
96	96	62members who resides in an environmental justice population and has experience with
97	97	63environmental justice principles and at least one of these members who is a tribal representative
98	98	64or representative of an Indigenous organization. The board shall not include as a public member
99	99	65any person who receives, or who has received during the past two years a significant portion of
100	100	66his or her income directly or indirectly from the developer of an energy facility or an electric, gas
101	101	67or oil company. The public members shall serve on a part-time basis, receive $100 per diem of
102	102	68board service, and shall be reimbursed by the commonwealth for all reasonable expenses actually
103	103	69and necessarily incurred in the performance of official board duties.
104	104	70 Upon the resignation of any public member, the governor shall appoint a successor,
105	105	71following consultation with the environmental justice council as required by section 62K of
106	106	72chapter 30, for the unexpired portion of the term. When appointing new members to the board,
107	107	73the governor shall ensure that at least two members have expertise in the siting of renewable
108	108	74energy generating facilities and energy storage systems. No person shall be appointed to serve
109	109	75more than two consecutive full terms."
110	110	76 SECTION 4. Section 69J¼ of chapter 164 shall be amended by striking the third
111	111	77paragraph and replacing it with the following paragraph:- "A petition to construct a generating
112	112	78facility shall include, in such form and detail as the board shall from time to time prescribe, the 5 of 19
113	113	79following information: (i) a description of the proposed generating facility, including any
114	114	80ancillary structures and related facilities; (ii) a description of the environmental impacts and the
115	115	81costs associated with the mitigation, control, or reduction of the environmental impacts of the
116	116	82proposed generating facility; (iii) a description of the project development and site selection
117	117	83process used in choosing the design and location of the proposed generating facility; (iv) either
118	118	84(a) evidence that the expected emissions from the facility meet the technology performance
119	119	85standard in effect at the time of filing, or (b) a description of the environmental impacts, costs,
120	120	86and reliability of other fossil fuel generating technologies, and an explanation of why the
121	121	87proposed technology was chosen; (v) an environmental justice impact statement detailing all
122	122	88potential impacts to environmental justice populations as defined in section 62 of chapter 30 and
123	123	89comparing the proposed site to other potential sites that do not impact environmental justice
124	124	90populations; (vi) impacts of the facility with respect to mitigating climate change; (vii) plans for
125	125	91the facility to adapt to a changing climate including current and future flooding, storm surges,
126	126	92and sea level rise; (viii) public health impacts of the proposed facility; (ix) a cumulative impact
127	127	93assessment that considers an exposure, public health or environmental risk, or other effect
128	128	94occurring in a specific geographical area, including from any environmental pollution emitted or
129	129	95released routinely, accidentally, or otherwise, from any source, and assessed based on the
130	130	96combined past, present, and reasonably foreseeable emissions and discharges affecting the
131	131	97geographical area; and (x) any other information necessary to demonstrate that the generating
132	132	98facility meets the requirements for approval specified in this section."
133	133	99 SECTION 5. Section 69J¼ of chapter 164 shall be amended by striking the fifth and sixth
134	134	100paragraphs and replacing them with the following two paragraphs:- "The board shall approve a
135	135	101petition to construct a generating facility only if the board determines that the petition meets all 6 of 19
136	136	102of the following requirements: (i) the description of the proposed generating facility and its
137	137	103environmental impacts are substantially accurate and complete; (ii) the description of the site
138	138	104selection process used is accurate; (iii) the plans for the construction of the proposed generating
139	139	105facility are consistent with current health, environmental protection, climate, and environmental
140	140	106justice policies of the commonwealth and with such policies as are adopted by the
141	141	107commonwealth for the specific purpose of guiding the decisions of the board; (iv) such plans
142	142	108minimize the environmental impacts consistent with the minimization of costs associated with
143	143	109the mitigation, control, and reduction of the environmental impacts of the proposed generating
144	144	110facility; (v) the environmental justice impact statement demonstrates a finding of environmental
145	145	111and energy benefits to the impacted environmental justice populations without environmental or
146	146	112energy burdens; (vi) the cumulative impact assessment demonstrates that there is no adverse
147	147	113public health, environmental, or climate impact to the impacted communities; and (vii) if the
148	148	114petitioner was required to provide information on other fossil fuel generating technologies, the
149	149	115construction of the proposed generating facility on balance contributes to a reliable, low-cost,
150	150	116diverse, regional energy supply with minimal environmental impacts that will contribute to the
151	151	117commonwealth achieving its climate targets pursuant to chapter 21N. The board may, at its
152	152	118discretion, evaluate alternative sites for a generating facility if the applicant or resident living
153	153	119within two miles of the facility requests such an evaluation, or if such an evaluation is an
154	154	120efficient method of administering an alternative site review required by another state or local
155	155	121agency. Nothing in this chapter shall be construed as requiring the board to make findings
156	156	122regarding alternative generating technologies for a proposed generating facility whose expected
157	157	123emissions meet the technology performance standard in effect at the time of filing. 7 of 19
158	158	124 The board shall, after review of the environmental justice impact statement, deny a
159	159	125petition for a new facility or for the expansion of an existing facility, or apply new conditions to
160	160	126the renewal of an existing facility’s approval, upon a finding that approval of the petition, as
161	161	127proposed, would, together with other environmental, climate, or public health stressors affecting
162	162	128the environmental justice population, cause or contribute to adverse cumulative environmental,
163	163	129climate, or public health stressors in the overburdened community that are higher than those
164	164	130borne by other communities within the Commonwealth or other geographic unit of analysis as
165	165	131determined by the executive office of energy and environmental affairs pursuant to rule,
166	166	132regulation, or guidance. The board may, after review of the environmental justice impact
167	167	133statement, deny a petition for a renewable energy-powered facility, associated ancillary structure,
168	168	134or for the expansion of an existing renewable energy-powered facility, associated ancillary
169	169	135structure, or apply new conditions to the renewal of an existing facility’s approval, upon a
170	170	136finding that approval of the petition, as proposed, would, together with other environmental,
171	171	137climate, or public health stressors affecting the environmental justice population, cause or
172	172	138contribute to adverse cumulative environmental, climate, or public health stressors in the
173	173	139overburdened community that are higher than those borne by other communities within the
174	174	140Commonwealth or other geographic unit of analysis as determined by the executive office of
175	175	141energy and environmental affairs pursuant to rule, regulation, or guidance.
176	176	142 The board shall have the authority to adopt regulations establishing programs to achieve
177	177	143emissions reductions, climate adaptation, and environmental justice for the locations selected
178	178	144using the most cost-effective measures identified. The board shall promulgate regulations that
179	179	145establish timelines for reviewing a petition such that: (i) a generating facility that is powered by
180	180	146fossil fuels has the longest period of time for going through the adjudicatory process; (ii) an 8 of 19
181	181	147energy storage system or ancillary structure has a shorter period of time for going through the
182	182	148adjudicatory process; and (iii) a generating facility that is powered by solar, wind, or geothermal
183	183	149energy has the shorted period of time for going through the adjudicatory process. The Siting
184	184	150Board shall promulgate regulations that define a generating facility that is powered by renewable
185	185	151energy and ensure that the lifecycle of emissions and impacts are considered such that
186	186	152technologies that have a lifecycle of emissions and impacts that create environmental burdens
187	187	153shall not be defined as renewable energy."
188	188	154 SECTION 6. Section 69J of chapter 164 shall be amended by striking the third through
189	189	155sixth paragraphs and replacing them with the following paragraphs:- "A petition to construct a
190	190	156facility shall include, in such form and detail as the board shall from time to time prescribe, the
191	191	157following information: (1) a description of the facility, site and surrounding areas; (2) an analysis
192	192	158of the need for the facility to benefit local energy needs within the commonwealth; (3) a
193	193	159description of the alternatives to the facility, such as other methods of transmitting or storing
194	194	160energy, other site locations, other sources of electrical power or gas, including renewable sources
195	195	161of energy, or a reduction of requirements through load management; (4) a description of the
196	196	162environmental impacts of the facility; (5) an environmental justice impact statement detailing all
197	197	163potential impacts to environmental justice populations as defined in section 62 of chapter 30 and
198	198	164comparing the proposed site to other potential sites that do not impact environmental justice
199	199	165populations; (6) impacts of the facility with respect to mitigating climate change; (7) plans for
200	200	166the facility to adapt to a changing climate including current and future flooding, storm surges,
201	201	167and sea level rise; (8) public health impacts of the proposed facility; and (9) a cumulative impact
202	202	168assessment that considers an exposure, public health or environmental risk, or other effect
203	203	169occurring in a specific geographical area, including from any environmental pollution emitted or 9 of 19
204	204	170released routinely, accidentally, or otherwise, from any source, and assessed based on the
205	205	171combined past, present, and reasonably foreseeable emissions and discharges affecting the
206	206	172geographical area. The board shall be empowered to issue and revise filing guidelines after
207	207	173public notice and a period for comment. A minimum of data shall be required by these guidelines
208	208	174from the applicant for review concerning land use impact, water resource impact, air quality
209	209	175impact, solid waste impact, radiation impact, public health impact, environmental justice impact,
210	210	176and noise impact.
211	211	177 The board shall conduct a public hearing on every petition to construct a facility or notice
212	212	178of intention to construct an oil facility within six months of the filing thereof. Such hearing shall
213	213	179be an adjudicatory proceeding under the provisions of chapter thirty A. In addition, a public
214	214	180hearing shall be held in each neighborhood in which a facility would be located or in which an
215	215	181oil facility contained in a notice of intention to construct such facility is located, except that a
216	216	182public hearing shall not be required in a locality containing a proposed site if such a hearing has
217	217	183already been held in regard to that particular facility on that particular site in conjunction with a
218	218	184previously filed petition. The public hearing shall ensure language access, including
219	219	185simultaneous language interpretation in the languages spoken by a significant proportion of the
220	220	186population in the neighborhood of the proposed facility, that allows residents and other attendees
221	221	187to understand others’ comments and that allows members of the department to understand
222	222	188speakers’ comments. The board shall approve a petition to construct a facility only if it
223	223	189determines that it meets the following requirements: all information relating to current activities,
224	224	190environmental impacts, facilities agreements and energy policies as adopted by the
225	225	191commonwealth is substantially accurate, based on information that is no later than three years
226	226	192old, and complete; projections of the demand for electric power, or gas requirements and of the 10 of 19
227	227	193capacities for existing and proposed facilities are based on substantially accurate historical
228	228	194information and reasonable statistical projection methods and include an adequate consideration
229	229	195of conservation and load management; provided, however, that the department or board shall not
230	230	196require in any gas forecast or hearing conducted thereon the presentation of information relative
231	231	197to the demand for gas; projections relating to service area, facility use and pooling or sharing
232	232	198arrangements are consistent with such forecasts of other companies subject to this chapter as may
233	233	199have already been approved and reasonable projections of activities of other companies in the
234	234	200New England area; plans for expansion and construction of the applicant's new facilities are
235	235	201consistent with current health, environmental protection, and resource use and development
236	236	202policies as adopted by the commonwealth; the environmental justice impact statement
237	237	203demonstrates a finding of environmental and energy benefits to the impacted environmental
238	238	204justice populations without any environmental or energy burdens; the cumulative impact
239	239	205assessment demonstrates that there is no adverse public health, environmental, or climate impact
240	240	206to the impacted communities; are consistent with the policies stated in section sixty-nine H to
241	241	207provide a necessary energy supply for the commonwealth with a minimum impact on the
242	242	208environment at lowest possible cost; and in the case of a notice of intent to construct an oil
243	243	209facility, that all information regarding sources of supply for such facility and financial
244	244	210information regarding the applicant and its proposed facility are substantially accurate and
245	245	211complete; that it is satisfied as to the adequacy of the applicant's capital investment plans to
246	246	212complete its facility; the long term economic viability of the facility; the overall financial
247	247	213soundness of the applicant; in the case of an oil facility, the qualification and capability of the
248	248	214applicant in the transshipment, transportation, storage, refining and marketing of oil or refined oil
249	249	215products; that plans including buffer zones or alternatives thereto for the applicant's new facility 11 of 19
250	250	216are consistent with current health, environmental protection and resource use and development
251	251	217policies as adopted by the commonwealth.
252	252	218 If the board determines the standards set forth above have not been met, it shall reject in
253	253	219whole or in part the petition, setting forth in writing its reasons for such rejections, or approve
254	254	220the petition subject to stated conditions. In the event of rejection or conditioned approval, the
255	255	221applicant may within six months submit an amended petition. A public hearing on the amended
256	256	222petition shall be held on the same terms and conditions applicable to the original petition. The
257	257	223board shall, after review of the environmental justice impact statement, deny a petition for a new
258	258	224facility or for the expansion of an existing facility, or apply new conditions to the renewal of an
259	259	225existing facility’s approval, upon a finding that approval of the petition, as proposed, would,
260	260	226together with other environmental, climate, or public health stressors affecting the environmental
261	261	227justice population, cause or contribute to adverse cumulative environmental, climate, or public
262	262	228health stressors in the overburdened community that are higher than those borne by other
263	263	229communities within the Commonwealth or other geographic unit of analysis as determined by
264	264	230the executive office of energy and environmental affairs pursuant to rule, regulation, or guidance.
265	265	231 The board and department of public utilities shall have the authority to adopt regulations
266	266	232establishing programs to achieve emissions reductions for the locations selected using the most
267	267	233cost-effective measures identified.
268	268	234 Prior to constructing an oil facility or commencement of construction of a facility for the
269	269	235refining of oil designed so that more than thirty-five percent of its output could be gasoline or
270	270	236refined oil products lighter than gasoline and prior to filing an environmental notification form or
271	271	237environmental impact report pursuant to chapter 30, sections 61 through 62H, an applicant must 12 of 19
272	272	238prepare a preliminary project statement that shall be shared with the director of environmental
273	273	239justice at the executive office of energy and environmental affairs, energy facilities siting board
274	274	240director, posted to a public website, and translated into multiple languages, as relevant to the
275	275	241local population. Within 30 days of submitting that statement, the project proponent shall invite
276	276	242civic, community-based organizations, local elected officials, and the director of environmental
277	277	243justice at the executive office of energy and environmental affairs to review the proposed project.
278	278	244An applicant shall make adjustments to the project or consider alternate locations that address
279	279	245community concerns about safety, public health, or climate or abandon plans to file its petition to
280	280	246the board. If an applicant makes an adjustment or considers alternate locations, it must send a
281	281	247written summary of these changes to the director of environmental justice at the executive office
282	282	248of energy and environmental affairs. Subsequent to the preliminary project statement and public
283	283	249outreach, the applicant must file a notice of intention to construct such facility with the board.
284	284	250Such notice shall include in such form and detail as the board shall reasonably prescribe, in
285	285	251addition to a detailed description of the proposed facility and site, the following information for
286	286	252the region expected to be served by the oil facility:
287	287	253 (1) A description of the applicant's current activities involving the transshipment,
288	288	254transportation, storage, or refining of oil or refined oil products and all anticipated impacts to
289	289	255environmental justice populations.
290	290	256 (2) A description of the applicant's qualification and capability in transshipment,
291	291	257transportation, storage, refining and marketing of oil or refined oil products.
292	292	258 (3) An analysis of the proposed facility including but not limited to the description of
293	293	259alternatives to the planned action, such as other site locations, other oil facilities, and no 13 of 19
294	294	260additional oil facilities; a description of the environmental impact of the proposed facility, said
295	295	261description to include buffer zones and other measures to minimize damage to the environment;
296	296	262all potential impacts to environmental justice populations; impacts of the facility with respect to
297	297	263mitigating climate change; plans for the facility to adapt to a changing climate including current
298	298	264and future flooding, storm surges, and sea level rise; public health impacts of the proposed
299	299	265facility; and a cumulative impact assessment that considers an exposure, public health or
300	300	266environmental risk, or other effect occurring in a specific geographical area, including from any
301	301	267environmental pollution emitted or released routinely, accidentally, or otherwise, from any
302	302	268source, and assessed based on the combined past, present, and reasonably foreseeable emissions
303	303	269and discharges affecting the geographical area; and a facility is required to meet local energy use
304	304	270needs and that such need cannot be accomplished through less harmful means. The board shall
305	305	271after public notice and a period for comment be empowered to issue and revise its own list of
306	306	272guidelines. A minimum of data shall be required by these guidelines from the applicant for
307	307	273review concerning land use impact, water resource impact, air quality impact, solid waste
308	308	274impact, radiation impact, public health impact, environmental justice impact, and noise impact.
309	309	275 (4) A description of proposed sources of supply of crude oil or refined oil products for the
310	310	276oil facility which is the subject of the notice; if such sources are persons not controlled by the
311	311	277applicant, certified copies of any contracts, letters of intent or any other understandings.
312	312	278 (5) A description of the capital investment plan proposed for such facility, and the overall
313	313	279financial soundness of the company and economic viability of the facility, including insurance
314	314	280coverage during construction and operation." 14 of 19
315	315	281 SECTION 7. Section 69I of chapter 164 is hereby amended by adding the following
316	316	282paragraph:- "A project proponent shall publicly disclose energy load forecast data that
317	317	283demonstrates the local need for the facility to ensure reliability. Long-range forecasts must
318	318	284demonstrate local need for a generating facility at particular facility locations."
319	319	285 SECTION 8. Section 69G of chapter 164 shall be amended to include the following
320	320	286definition for “public hearing”:- “Public hearing” means a hearing to discuss a proposed project
321	321	287that shall ensure language access, including simultaneous language interpretation in the
322	322	288languages spoken by a significant proportion of the population in the neighborhood of the
323	323	289proposed facility, that allows residents and other attendees to understand others’ comments and
324	324	290that allows members of the department, board members, and attendees to understand speakers’
325	325	291comments."
326	326	292 SECTION 9. Section 69G of chapter 164 shall be amended to strike the existing
327	327	293definition for “generating facility” and replace it with the following definition:- “Generating
328	328	294facility,” any generating unit designed for or capable of operating at a gross capacity of 35
329	329	295megawatts or more, including associated buildings, ancillary structures, transmission and
330	330	296pipeline interconnections that are not otherwise facilities, and fuel storage facilities."
331	331	297 SECTION 10. Section 69K of chapter 164 shall be amended to strike the fifth paragraph
332	332	298and replace it with the following paragraph:- “A certificate shall be issued only in accordance
333	333	299with the provisions of sections sixty-nine K to sixty-nine O, inclusive. Notwithstanding the
334	334	300provisions of any other law to the contrary, a certificate may be so issued only if the facility does
335	335	301not create greenhouse gas emissions that would cause or contribute to the Commonwealth not
336	336	302meeting its climate mandates under chapter 21N or environmental burdens on an environmental 15 of 19
337	337	303justice population as defined by section 62 of chapter 30. If so issued, no state agency or local
338	338	304government shall require any approval, consent, permit, certificate or condition for the
339	339	305construction, operation or maintenance of the facility with respect to which the certificate is
340	340	306issued and no state agency or local government shall impose or enforce any law, ordinance, by-
341	341	307law, rule or regulation nor take any action nor fail to take any action which would delay or
342	342	308prevent the construction, operation or maintenance of such facility; provided, however, that the
343	343	309board shall not issue a certificate the effect of which would be to grant or modify a permit,
344	344	310approval or authorization which, if so granted or modified by the appropriate state or local
345	345	311agency, would be invalid because of a conflict with applicable federal water or air standards or
346	346	312requirements. A certificate, if issued, shall be in the form of a composite of all individual
347	347	313permits, approvals or authorizations which would otherwise be necessary for the construction
348	348	314and operation of the facility and that portion of the certificate which relates to subject matters
349	349	315within the jurisdiction of a state or local agency shall be enforced by said agency under the other
350	350	316applicable laws of the commonwealth as if it had been directly granted by the said agency. The
351	351	317board shall promulgate detailed regulations that describe the timing for review of a certificate
352	352	318pursuant to this section, contents of the petition, and procedures to engage with environmental
353	353	319justice populations and other stakeholders prior to and throughout the proceeding.”
354	354	320 SECTION 11. Section 62K1/2 of chapter 164 shall be amended to strike the third
355	355	321paragraph and replace it with the following paragraph:- "A certificate shall be issued only in
356	356	322accordance with the provisions of sections 69K to 69O1/2, inclusive. Notwithstanding the
357	357	323provisions of any other law to the contrary, a certificate may be so issued only if the generating
358	358	324facility does not generate greenhouse gas emissions that would cause or contribute to the
359	359	325Commonwealth not meeting its climate mandates under chapter 21N or environmental burdens 16 of 19
360	360	326on an environmental justice population as defined by section 62 of chapter 30.; provided,
361	361	327however, that when so issued no state agency or local government shall require any approval,
362	362	328consent, permit, certificate, or condition for the construction, operation, or maintenance of the
363	363	329generating facility with respect to which the certificate is issued, and no state agency or local
364	364	330government shall impose or enforce any law, ordinance, by-law, rule, or regulation nor take any
365	365	331action nor fail to take any action which would delay or prevent the construction, operation, or
366	366	332maintenance of such generating facility; provided, however, that the board shall not issue a
367	367	333certificate, the effect of which would be to grant or modify a permit, approval, or authorization,
368	368	334which, if so granted or modified by the appropriate state or local agency, would be invalid
369	369	335because of a conflict with applicable federal water or air standards or requirements. A certificate,
370	370	336if issued, shall be in the form of a composite of all individual permits, approvals, or
371	371	337authorizations which would otherwise be necessary for the construction and operation of the
372	372	338generating facility, and that portion of the certificate which relates to subject matters within the
373	373	339jurisdiction of a state or local agency shall be enforced by said agency under the other applicable
374	374	340laws of the commonwealth as if it had been directly granted by the said agency. The board shall
375	375	341promulgate detailed regulations that describe the timing for review of a certificate pursuant to
376	376	342this section, contents of the petition, and procedures to engage with environmental justice
377	377	343populations and other stakeholders prior to and throughout the proceeding."
378	378	344 SECTION 12. Section 69L of chapter 164 shall be amended to add the following
379	379	345paragraph after section (5):-
380	380	346 "(6) An environmental justice impact statement shall include a description of the
381	381	347environmental impact of the proposed facility, said description to include buffer zones and other
382	382	348measures to minimize damage to the environment; all potential impacts to environmental justice 17 of 19
383	383	349populations; impacts of the facility with respect to mitigating climate change; plans for the
384	384	350facility to adapt to a changing climate including current and future flooding, storm surges, and
385	385	351sea level rise; public health impacts of the proposed facility; and a cumulative impact assessment
386	386	352that considers an exposure, public health or environmental risk, or other effect occurring in a
387	387	353specific geographical area, including from any environmental pollution emitted or released
388	388	354routinely, accidentally, or otherwise, from any source, and assessed based on the combined past,
389	389	355present, and reasonably foreseeable emissions and discharges affecting the geographical area;
390	390	356and a facility is required to meet local energy use needs and that such need cannot be
391	391	357accomplished through less harmful means. The board shall after public notice and a period for
392	392	358comment be empowered to issue and revise its own list of guidelines. A minimum of data shall
393	393	359be required by these guidelines from the applicant for review concerning land use impact, water
394	394	360resource impact, air quality impact, solid waste impact, radiation impact, public health impact,
395	395	361environmental justice impact, and noise impact."
396	396	362 SECTION 13. Section 69L1/2 of chapter 164 shall be amended to add the following
397	397	363paragraph after section (5):
398	398	364 "(6) An environmental justice impact statement shall include a description of the
399	399	365environmental impact of the proposed facility, said description to include buffer zones and other
400	400	366measures to minimize damage to the environment; all potential impacts to environmental justice
401	401	367populations; impacts of the facility with respect to mitigating climate change; plans for the
402	402	368facility to adapt to a changing climate including current and future flooding, storm surges, and
403	403	369sea level rise; public health impacts of the proposed facility; and a cumulative impact assessment
404	404	370that considers an exposure, public health or environmental risk, or other effect occurring in a
405	405	371specific geographical area, including from any environmental pollution emitted or released 18 of 19
406	406	372routinely, accidentally, or otherwise, from any source, and assessed based on the combined past,
407	407	373present, and reasonably foreseeable emissions and discharges affecting the geographical area;
408	408	374and a facility is required to meet local energy use needs and that such need cannot be
409	409	375accomplished through less harmful means. The board shall after public notice and a period for
410	410	376comment be empowered to issue and revise its own list of guidelines. A minimum of data shall
411	411	377be required by these guidelines from the applicant for review concerning land use impact, water
412	412	378resource impact, air quality impact, solid waste impact, radiation impact, public health impact,
413	413	379environmental justice impact, and noise impact."
414	414	380 SECTION 14. Section 69O of chapter 164 shall be amended to strike the first paragraph
415	415	381and replace it with the following paragraph:- "The board shall by a majority vote render a
416	416	382decision upon the petition either by denying the petition or by granting the petition, or by
417	417	383granting the petition subject to such terms and conditions as the board may determine. Neither
418	418	384the board nor any other person shall be bound by the requirements of section sixty-one to sixty-
419	419	385two H, inclusive, of chapter thirty to the extent that compliance with said requirements will
420	420	386prevent the board from rendering a decision upon the petition within the time limits of this
421	421	387section. The Siting Board shall promulgate regulations that establish timelines for reviewing a
422	422	388petition for a certificate of public interest such that: (i) a generating facility that is powered by
423	423	389fossil fuels has the longest period of time for going through the adjudicatory process; (ii) an
424	424	390energy storage system or ancillary structure has a shorter period of time for going through the
425	425	391adjudicatory process; and (iii) a generating facility that is powered by renewable energy has the
426	426	392shorted period of time for going through the adjudicatory process. The Siting Board shall
427	427	393promulgate regulations that define a generating facility that is powered by renewable energy and
428	428	394ensure that the lifecycle of emissions and impacts are considered such that technologies that have 19 of 19
429	429	395a lifecycle of emissions and impacts that create environmental burdens shall not be defined as
430	430	396renewable energy."