980 CMR 15.11
Board's Findings in its Final Decision.
(1)
The Board shall assess the adequacy of the CIA Report and Site Suitability Report,
including whether the Applicant, if required to, presented a comprehensive analysis of whether
its Project Impacts will result in a Disproportionate Adverse Effect, and make findings based on
that review. Findings shall include the extent to which the CIA Report and Site Suitability
Report, as applicable, inform the evidentiary record upon which the Board may approve or deny
an EFSB Consolidated Permit Application or Facility Petition to Construct.
(2) Pursuant to M.G.L. c. 164, § 69H, the Board shall, in issuing a final decision, make findings
as to whether the Applicant has given due consideration to the Cumulative Impact of the Project,
and whether the Applicant has adequatelyundertaken actions to avoid, minimize, or mitigate any
Disproportionate Adverse Effects from the Project. In making such determinations, the Board
may consider, but is not limited to:
(a) The population characteristics such as sensitive populations and socioeconomic factors
of the population living within Burdened Areas intersecting the Project's SGA;
(b) Pollutant exposures and environmental effects, and climate risks;
(c) The extent, nature, magnitude, duration, and geographic reach ofanyElevated Indicators
on any of those populations;
(d) Project Impacts related to the Elevated Indictors identified, including Benefits and
Burdens;
(e) The extent and efficacy of the obligations the Applicant has undertaken to remediate
Project Impacts;
(f) Any remaining Disproportionate Adverse Effects from the Project on the Burdened
Areas within the SGA, in light of the Applicant's plans to avoid, minimize, or mitigate the
negative Project Impacts;
(g) Conditions obligating the Applicant to further address any remaining Disproportionate
Adverse Effects from the proposed Project;
(h) The Applicant's use of a Community Benefit Plan or Community Benefit Agreement to
identify community needs and provide Benefits for a host community, in accordance with
guidance from the Massachusetts Office of Environmental Justice and Equity, “Standards
and Guidelines for Community Benefits Plans and Community Benefits Agreements.”
(3) The Board shall consider whether an Applicant has made reasonable efforts to consider and
develop a Community Benefit Plan or Community Benefit Agreement. See 980 CMR 2.02(3):
General Information and Conduct of Board Business.
(a)
If an Applicant has developed a Community Benefit Plan or signed a Community
Benefit Agreement, the Board shall give it due weight in the final decision;
(b) If an Applicant has not developed a Community Benefit Plan or signed a Community
Benefit Agreement for a Project in a Burdened Area, then the Board shall consider imposing
additional Project conditions to address Disproportionate Adverse Effects in Burdened Areas
intersecting the Project's SGA.
1. Mitigation is a mechanism to address Project Impacts related to construction or
operational Impacts of the Project;
2. A Community Benefit Agreement is aimed at creating tangible, equitable benefits
that address a community's specific and local needs and priorities separate from required
mitigation.
See "Standards and Guidelines for Community Benefits Plans and
Community Benefits" issued by the Massachusetts Office of Environmental Justice and
Equity pursuant to M.G.L. c. 21A, § 29.
(c) The Board may add enforceable conditions to a final decision that it deems necessary
to avoid, minimize, or mitigate Project Impacts to a Burdened Area. Conditions may include
enforceable Remedial Actions designed to address Project Impacts.