Scope and Purpose.

(1) Purpose. 980 CMR 13.00 establishes the Board's rules for preparation and review of an Application for an EFSB Consolidated Permit for a request to construct CEIFs. (2) Scope. 980 CMR 13.00 shall apply to an Application for an EFSB Consolidated Permit for requests to the Board to construct CEIFs, pursuant to M.G.L. c. 164, §§ 69T, 69U, 69V. The review of an Application for an EFSB Consolidated Permit for CEIFs described in 980 CMR 13.00 shall be subject to 980 CMR 1.00: Rules for the Conduct of Adjudicatory Proceedings and 980 CMR 2.00: General Information and Conduct of Board Business, unless otherwise noted. (3) Effective Date. 980 CMR 13.00 shall take effect on February 27, 2026, and shall apply to each Application for an EFSB Consolidated Permit to construct CEIFs, pursuant to M.G.L. c. 164 §§ 69T, 69U, 69V, filed on or after July 1, 2026. (4) Definitions. 980 CMR 13.00 shall be subject to the definitions of 980 CMR 1.01(4): Definitions. The following additional definitions shall also apply unless the context or subject matter requires a different interpretation. Application means a submission to the Board, in such form and detail as prescribed by the Board, by an Applicant for an EFSB Consolidated Permit for the purpose of constructing, owning, or operating a CEIF Project. Common Condition means a condition or requirement established by the Board for specific types of CEIF as identified in 980 CMR 13.00, Attachment 1: Common Conditions and Requirements for EFSB Consolidated Permits. Completeness Determination means a ruling by the Presiding Officer indicating whether an Application substantially and materially complies with the Board’s Application requirements. Consolidated Local Permit Application means a submission by an Applicant, in such form and detail as prescribed in 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting, that would otherwise go to a Local Government for a Consolidated Local Permit, for the purpose of obtaining permission to construct, own, or operate a CEIF Project. An Applicant may elect to submit a Consolidated Local Permit Application and the Board may issue a Consolidated Local Permit as part of an EFSB Consolidated Permit, pursuant to M.G.L. c. 164, §§ 69T and 69U. Alternatively, an Applicant may elect to use extant PEA Application forms, and receive individual local Permits under M.G.L. c. 164, §§ 69T and 69U. Construction means work performed by the Applicant, or on behalf of the Applicant, on the CEIF Project site, or along the Project route, but shall not include contractual obligations to purchase such facilities or equipment, or preliminary work in furtherance of permitting (e.g., soil boring, surveys) that does not impose significant adverse impacts. (Mass. Register #1568, 02/27/2026) Criteria-specific Suitability Scores means the score for each criterion examined in the Site Suitability Guidance, as assessed following the methods outlined in the Site Suitability Guidance. Ministerial Permit means a non-discretionary Permit or approval for a CEIF Project that meets objective, pre-defined codes and standards, and is typically approved in a streamlined, time-bound, administrative process that does not involve adjudication. A Ministerial Permit is usually issued after other adjudicatory or discretionary Permits are issued, and the project is at a more advanced state of design completion, prior to the intended start of construction or operation of a CEIF Project. Notice of Completeness means notice by the Presiding Officer that the Application substantially and materially complies with all Application requirements. Permit Enforcement Agency (PEA) means an agency, authority, board, commission, office, or other entity that would have jurisdiction to issue at least one Permit for a CEIF Project in the absence of an EFSB Consolidated Permit. PEAs enforce the portions of an EFSB Consolidated Permit that relate to subject matters within their jurisdiction as if such portions had been directly granted by the PEA. PEA may include Local Government and Local Government Representatives. Permit Advisory Agency (PAA) means a municipal, regional, or state agency, authority, board, commission, office, or other entity that would advise a PEA concerning recommended Permit conditions on the issuance of at least one Permit for a CEIF Project that would otherwise be issued without an EFSB Consolidated Permit, but does not have jurisdiction for issuance of such Permit(s). Site Suitability Guidance means guidance and criteria for the assessment of the suitability of the proposed siting of a CEIFs, as established by the Executive Office of Energy and Environmental Affairs, pursuant to M.G.L. c. 21A, § 30. Site Suitability Score Modifier means positive or negative adjustments to a CEIF’s Criteria- specific Suitability Scores that are reflective of development potential or social and environmental benefits, as prescribed in the Site Suitability Guidance. (5) Guidance. The Board shall issue 980 CMR 13.00: EFSB Consolidated Permit Application Guidance to assist the Applicant and provide context for submissions to the Board. The Board, by majority vote, may update Guidance at any meeting open to the public.