Massachusetts prioritizes energy justice in bill to overhaul project siting, permitting

The Massachusetts legislature passed S.2967 last week, a robust climate bill that is earning praise from renewable energy advocates for the significant changes it would make to the siting and permitting of energy infrastructure.

The bill also includes a plan to phase out methane gas programs without jeopardizing low-to-moderate income ratepayers. Additionally, the bill lays the groundwork for a distributed and resilient grid of the future by incorporating battery storage and electric vehicle charging infrastructure.

“Now, more than ever, state-level legislation is crucial in transitioning towards clean energy,” said Vote Solar’s Northeast Director Elena Weissmann. Vote Solar is an energy justice non-profit founded in 2002 that often advocates for policy that benefits the proliferation of smaller scale solar projects.  “We applaud legislators for passing this bill and recognizing that we urgently need to address the climate crisis, while also prioritizing equity in the process.”

Weissmann believes the bill prioritizes a “strong cumulative impact assessment for new energy projects that are rooted in environmental justice principles.” The assessment requires new energy projects to fully take into account the historic and ongoing burdens experienced by communities that have been disproportionately impacted by climate change and the current energy system.

Changes to Massachusetts’ Energy Facilities Siting Board (EFSB)

• The bill adds to the EFSB mandate to provide energy that aligns with Massachusetts’ emissions reduction goals and avoids/mitigates negative environmental and health impacts.
• Directs EFSB to create siting criteria via a working group by March 2026. The criteria include pre-filing outreach requirements, environmental standards, and standards for applying an EJ-informed cumulative impact assessment.
• Siting and permitting for “small” clean energy projects (under 25 MW) is consolidated to include all municipal, regional, and state permits. A new division of clean energy siting and permitting is created within DOER, which must establish standards for the siting of small clean energy infrastructure projects and provide technical assistance for local governments to help with siting. Approval must be issued within 12 months, otherwise it is constructively approved.
• Siting and permitting for “large” projects (25 MW and over) is also via consolidated permits that replace the local and regional permits (not federal). Constructive approval if there is no response within 15 months. The EFSB has to consider the cumulative impact assessments on host communities for large projects.

Taken all together, Weissmann believes overhauling the siting and permitting system will make it simpler and quicker to bring clean energy technologies online. But “focusing on site suitability and community engagement might make it harder to site large projects in some places.”