Candidate Sites

(1) The Board shall issue a draft Candidate Site Identification Report. Such Report shall identify at least two, but not more than five candidate sites that appear to satisfy the requirements of 310 CMR 41.41(1), and that the Board considers to be potentially licensable, capable of being developed, and otherwise appropriate for detailed site characterization pursuant to M.G.L. c. 111H, § 23. Such Report shall also include: (a) a report of the results of a preliminary characterization of the meteorology, surface and groundwater, geology, tectonics, geomechanics, air quality, ecology, land use, cultural resources and social and economic characteristics of each location considered as a possible candidate site; (b) a description of the procedures used to identify the candidate sites based on such preliminary characterization; and (c) draft plans for detailed site characterization of each candidate site. (2) The preliminary characterization required pursuant to 345 CMR 1.85(1)(a) shall be conducted, to the extent feasible, so as not to interfere with the quiet enjoyment of private property; provided, however, that whenever the Board deems it necessary to make surveys, soundings, drillings or examinations to obtain information for, or to expedite the preliminary characterization, its authorized agents or employees may, after due notice by registered or certified mail, enter upon any lands, waters and premises, not including buildings, in the Commonwealth for the purposes of making surveys, soundings drillings and examinations as the Board may deem necessary or convenient, and such entry shall not be deemed a trespass. The Board shall make reimbursement for any injury or actual damage resulting to such lands, water and premises caused by any act of its authorized agents or employees, and the Board shall, so far as possible, restore such lands to the same condition as prior to the making of such surveys, soundings, drillings or examinations. (3) Upon the issuance of the draft Candidate Site Identification Report, the Board shall transmit a copy of the draft Report to the Secretary of the Executive Office of Environmental Affairs; and widely publicize its availability for public review and comment; and the Board and the Commissioner of the Division of Capital Planning and Operation shall jointly provide a notice satisfyingthe requirements of M.G.L. c. 111H, § 19 and M.G.L. c. 7, § 40I to all persons entitled under M.G.L. c. 7, § 40I to receive such notices and to the ChiefExecutive Officer and Chief Elected Official of each community in which is located all or part of a Candidate Site identified in such draft Report. (4) No person owning property identified inthe draft Candidate Site Identification Report shall take any action or cause to have any action taken with respect to suchpropertyprior to the acceptance or amendment of such Report by the Board which has the effect of interfering with or rendering more difficult or expensive the conduct of Detailed Site Characterization of the property or the acquisition of a property interest therein. 12/27/96 345 CMR - 20 1.85: continued (5) The Board shall conduct at least one public meeting on the report in each community in which is located all or part of a Candidate Site identified in the draft Report, at times to be determined after consultation with the Public Participation Coordinator. Such public meeting shall be deemed to satisfy the public hearing requirements of M.G.L. c.7, s.40I. The Board shall accept written comments on the Report submitted within 60 days of the public notice of its availability. Prior to its acceptance of the draft Report, the Board shall consider and evaluate all comments and statements made at a public meeting or submitted in writing. (6) Upon receipt of the draft Report, the Secretary shall implement the public review and comment procedures established pursuant to M.G.L. c. 30, § 62C; provided, however, that the review period established in such section shall not extend beyond the final date for acceptance of written comments by the Board pursuant to 345 CMR 1.85(5). Within 60 days of the issuance of the draft Report, the Secretary shall issue a statement evaluating its technical adequacy and conformance with 310 CMR 41.00. The Secretary shall transmit a copy of such statement to the Board. (7) The Board shallconduct a vote to determine whether to accept the Report and to proceed with detailed site characterization of the candidate sites identified therein, or amend the Report and proceed with detailed site characterization of the candidate sites identified in the Report as amended. Such a vote shall be based on the technical adequacy of the Report and its conformancewith any requirements of 310 CMR 41.60 through 41.63. If the Board fails to accept or amend the Report, the Report shall be set aside and the procedures established in 345 CMR 1.85 shall be repeated; provided, however, that the Board shall issue its revised draft Report within four months of the expiration ofthe time for it to accept or amend the previous Candidate Site Identification Report.