The proposed regulations under 225 CMR 29.00 aim to streamline the siting and permitting process for small clean energy infrastructure facilities in Massachusetts, in accordance with the 2024 Climate Act. The legislation addresses barriers in the current permitting process that impede the development of clean energy necessary for achieving the state's greenhouse gas emissions reduction goals by 2050. Key provisions include a consolidated local permitting process with a 12-month timeline, enhanced community engagement, and a single appeals process, while still preserving local autonomy. The regulations also introduce a site suitability methodology, pre-filing requirements for stakeholder engagement, and a framework for common conditions for projects that receive constructive approval if local governments do not act within the designated timeframe.
Additionally, the bill establishes new definitions and regulatory frameworks for Small Clean Energy Infrastructure Facilities, allowing applicants to submit a Consolidated Local Permit Application while also seeking local approvals individually. It outlines public health, safety, and environmental standards that must be adhered to, including compliance with local bylaws and state and federal laws. The bill mandates local governments to assess application completeness within 30 days and issue decisions within 12 months, with provisions for constructive approval if deadlines are not met. It also includes responsibilities for local governments and the Department in providing technical assistance, handling significant project changes, and enforcing common conditions for projects. Furthermore, the Department is required to conduct quarterly assessments of applications, and if a significant number receive constructive approval, a comprehensive analysis will be undertaken to address the trend.