The Healey-Driscoll administration has announced final regulations for a new statewide energy siting and permitting process.

In a prepared statement, Gov. Maura Healey said the reforms will create a faster, more predictable pathway to build new energy infrastructure while strengthening transparency and engagement with host communities. By accelerating the development of locally produced clean energy and grid infrastructure, she said, the new process will help lower energy costs, improve reliability, and reduce harmful emissions.

Projects are split up by size, with the Energy Facilities Siting Board responsible for all state and local permitting for large-scale projects, and municipalities retaining control over local permitting for small projects. In either instance, the permitting authority will issue a single consolidated permit within 12 months for small-scale projects and 15 months for large-scale projects.

The regulations are part of the implementation of a clean energy and climate law enacted in November 2024, and are based on recommendations from a special Commission on Energy Infrastructure Siting and Permitting.

The climate law called for the Energy Facilities Siting Board, Executive Office of Energy and Environmental Affairs, and the Department of Energy Resources to play a key role in developing a new streamlined, consolidated application and review process for large and small clean energy infrastructure facilities. The EFSB, which reviews proposals for power plants, electric transmission projects, intra-state gas pipelines, and natural gas storage tanks, advanced draft regulations for public comment last fall.

The state’s Clean Energy Siting and Permitting Division also released draft regulations last fall for clean energy infrastructure facilities reviewed by local governments. The new local siting and permitting process would apply to clean energy generation projects (e.g., solar, wind) under 25 megawatts; clean energy storage projects under 100 megawatt hours; and certain transmission and distribution projects.

The MMA raised municipal concerns with the Clean Energy Siting and Permitting Division in a letter last October.

The climate law required the state to promulgate regulations to implement the new siting and permitting policies by March 1, 2026, and requires the EFSB to begin accepting applications and reviewing proposals for large clean energy infrastructure facilities using the new framework starting on July 1, 2026.

Municipalities may start offering the new consolidated permitting avenue as early as July 1, and must offer it by Oct. 1.

The administration said 97% of projects permitted in the past two years qualify as small infrastructure projects, meaning cities and towns will continue to have oversight over the vast majority of clean energy projects.

Streamlined permitting
Under the previous process, energy projects would have to secure numerous state and local permits on separate timelines, all subject to potentially lengthy individual appeals, according to the administration. Energy infrastructure such as substations, solar projects, battery storage, transmission, and distribution infrastructure could take years to build, leading to higher costs for ratepayers.

The intention of the new streamlined approach is to require developers to submit complete, “ready to review” applications, engage with stakeholders early on in the process to mitigate concerns, and avoid appeals.

“Municipalities will receive better vetted, site-appropriate projects, state support to intervene in the siting process for large industrial-scale projects, appropriate mitigation measures to offset impacts, and new model bylaws to guide the local siting and permitting process,” said Lt. Gov. Kim Driscoll.

Appeals of EFSB decisions will go directly to the Massachusetts Supreme Judicial Court.

Community engagement and environmental justice
Prior to filing for state permits, project applicants will be required to meaningfully engage with stakeholders in the host communities. Small projects undergoing consolidated permitting need to host at least one public meeting and engage with local officials prior to submitting an application. Large projects must host two public meetings, translate materials, summarize comments and responses, and discuss community benefits agreements and plans with stakeholders.

Municipalities will be granted automatic intervenor status in Energy Facilities Siting Board proceedings. A fund to support municipalities, organizations and individuals who lack the resources will help with qualified legal representation and expert analysis.

The reforms include a new requirement that large projects proposed in areas with existing health, environmental, and climate burdens be subject to a Cumulative Impact Analysis, guiding developers toward low-impact sites and supporting communities should they negotiate a community benefits agreement. This tool will be available by July 1.

Environmental assessment
Most large and small projects undergoing consolidated permitting will soon be required to conduct a Site Suitability Assessment using a new interactive mapping and scoring tool. This score provides applicants, local officials, and the public with a standardized, transparent guide to certain environmental impacts based on reputable, publicly available data vetted by environmental experts.

This process provides incentives to developers to make use of land parcels that are already developed or will have lower impacts. Project sites will be scored based on five criteria: agricultural resources, biodiversity, carbon storage and sequestration, climate resilience, and social and environmental burdens.

Projects proposed on protected open space will automatically be scored as having a high impact. Projects on landfills, brownfields, parking lots, and other previously developed lots will be scored as having very low impacts.

Depending on the criteria scores, applicants may be required to develop a series of measures designed to minimize or mitigate certain impacts. Minimization could include preservation of wildlife corridors through the impacted project site, for example. Mitigation measures could include tree planting in another location in the host community, if tree removal on the site is necessary but a suitable location is not available onsite.

A draft mapping tool is available online, and the site suitability tool will be available by July 1.

Guidance for municipalities
Cities and towns will also be able to use new model bylaws, being finalized by the Department of Energy Resources, to update their own zoning bylaws, thereby ensuring that their local rules and processes are aligned with state law and new regulations.

The model bylaws, however, will not be finalized with enough time for all interested municipalities — particularly those with town meetings — to review and adopt their own versions ahead of Oct. 1. Nonetheless, the model bylaws can serve as helpful examples as communities prepare for implementation over the next few years.

One aspect of the streamlined local permitting process that municipal officials should begin to consider is the designation of a “Local Government Representative,” who will:
• Serve as a single point of contact between the municipality and the applicant
• Receive all project pre-filing checklists and applications
• Coordinate the review of these materials with local boards and committees
• Ultimately issue decisions

The representative, per the regulations, is defined as the chief administrative officer of the municipality, or their designee(s), or officials designated in a municipality’s bylaw or ordinance.

The Local Government Representative must determine if an applicant has completed all pre-filing requirements within 10 days of receiving a pre-filing engagement completion checklist. The representative shall also determine whether an application is complete within 30 days of receiving a completed application, a timeframe that begins with the representative’s signature on a pre-filing engagement completion checklist.

The final regulations for small clean energy infrastructure facility siting and permitting, draft guidelines that provide clarity on how to implement the regulations, and draft model bylaws for solar and battery energy storage systems will be found on the DOER’s website. The DOER has regional coordinators to support cities and towns navigating the changes to the permitting process. The DOER will also roll out technical assistance programs this spring to help cities and towns and other stakeholders with the new processes.

The post

Massachusetts Municipal Association (MMA)

Message History

Delivery option(s)