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