Introduction

In a significant move towards encouraging and strengthening clean energy initiatives, on March 29, 2024, the Massachusetts Commission on Energy Infrastructure Siting and Permitting (the “Commission”) published a comprehensive set of recommendations aimed at reforming the siting and permitting process for clean energy infrastructure projects across the Commonwealth of Massachusetts (the “Recommendations”).

These proposed recommendations come in light of the Commonwealth’s ambitious emissions limits and the increasing demand for electricity.

Proposed Recommendations

The Recommendations address and seek to resolve key challenges faced by developers seeking to timely deploy clean energy projects, including wind, solar, and energy storage facilities. The proposed reforms aim to expedite the permitting process, increase transparency, and promote community engagement while ensuring environmental protection.

Key Highlights of the Recommendations Include:

1. Defining clean energy and its components: The Commission recommends establishing clear definitions for “clean energy infrastructure” and its various components in state law. The proposed definitions provides developers, regulators, and communities, with guidance on the types of projects considered under clean energy infrastructure and reduces ambiguity. By specifically including anaerobic digestion, solar, and wind facilities, the definitions promote a diverse range of renewable energy sources, encouraging their development.
2. Consolidating permits for clean energy projects: The Commission aims to streamline the permitting process for projects that either fall under Energy Facilities Siting Board (ESFB) jurisdiction or not. The Commission recommends establishing a single consolidated permit which encompass all state, regional or local permits that a clean energy infrastructure project requires before commencing construction. Such reforms would simplify the permitting process and reduce regulatory hurdles and delays.
3. Setting mandatory timeframes for permit decisions: The Commission recommends establishing mandatory timeframes in which decisions on permits must be rendered. By establishing clear standards and timeframes for permit reviews, developers will have greater certainty and predictability, which in turn would promote investment and project development.
4. Improving community engagement: The Commission proposes establishing mandatory requirements for developers to interact with local communities throughout the project development process. This includes timely notification of the intent to apply for a permit, specified number of public meetings, a 60-day public comment period and engagement of community organizations.
5. Developing a site suitability methodology: The Commission directs the Executive Office of Energy and Environmental Affairs (EEA) to work with stakeholders to develop a site suitability methodology to be used by project developers to better evaluate project sites. This methodology aims to address conflicting land use interests and mitigate impacts on the environment and people.

Takeaways

It is important for clients involved in the clean energy sector to become familiar with and stay informed about the Recommendations, as they have the potential to develop into rules and regulations, and significantly impact project development and investment opportunities in Massachusetts. Clients should review their current permitting strategies in light of the potential reforms and recommendations. Understanding how proposed changes may impact the permitting process and project timelines will help clients adapt their strategies to minimize risks and delays.