Scope and Construction of Rules

(1) Scope. 980 CMR 14.00 shall govern the conduct of De Novo Adjudications of Consolidated Local Permit Applications before the Board. De Novo Adjudications apply to Consolidated Local Permit Applications for SCEIF and shall be conducted by the Director. (2) Application of 980 CMR 14.00. 980 CMR 1.00: Rules for the Conduct of Adjudicatory Proceedings shall apply to De Novo Adjudications conducted pursuant to 980 CMR 14.00, except where 980 CMR 14.00 provides otherwise. (3) Effective date. 980 CMR 14.00 shall take effect on February 27, 2026, and shall apply to requests for De Novo Adjudications filed on or after July 1, 2026. (4) Delegation. The Director may delegate the authority to conduct the De Novo Adjudication, with the exception of the final decision, to a Board staff member. (5) Definitions. The definitions in 980 CMR 1.00: Rules for the Conduct of Adjudicatory Proceedings and 980 CMR 13.00: Consolidated Permits for Clean Energy Infrastructure Facilities shall apply to 980 CMR 14.00. The following additional definitions shall also apply unless the context or subject matter requires a different interpretation. Final Decision of Local Government means a Consolidated Local Permit issued by a Local Government, a denial by a Local Government of an application for a Consolidated Local Permit, or a Constructive Approval of a Consolidated Local Permit Application, pursuant to 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting. Local Request for Review Based on Lack of Resources means a notification filed by the Local Government that its resources, capacity, or staffing do not allow for review of a SCEIF’s Consolidated Local Permit Application within the required maximum 12-month timeframe for Local Government review.