Purpose and Scope

(1) Purpose. 980 CMR 16.00 describes, pursuant to M.G.L. c. 164, §§ 69J, 69J¼, 69T, 69U, 69V, the pre-filing requirements of the Energy Facilities Siting Board (“Board”) for Applicants of proposed energy infrastructure seeking approval from the Board. (2) Scope. 980 CMR 16.00 describes outreach obligations applicable to CEIFs seeking a Consolidated Permit under M.G.L. c. 164, §§ 69T, 69U, 69 V, and Facilities seeking approval to construct under M.G.L. c. 164, §§ 69J and 69J¼. 980 CMR 16.00 does not apply to requests for a De Novo Adjudication pursuant to M.G.L. c. 164, § 69W, by an Applicant of a SCEIF or other party substantially and specifically affected by a final decision of a Local Government; those Projects are subject to provisions of 980 CMR 14.00: De Novo Adjudications of Consolidated Local Permit Applications. 980 CMR 16.00 does not apply to Applicants seeking a Consolidated Local Permit; those Projects are subject to outreach obligations pursuant to 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting. (a) Applicability to Facilities. 980 CMR 16.00 shall apply to all jurisdictional Facilities. Applicants of petitions to construct Facilities must comply with all pre-filing consultation and engagement requirements for LCEIFs. 980 CMR 16.00 relies upon provisions of 980 CMR that by their terms apply to all sections of chapter 980 CMR, unless otherwise noted. (b) Exemption from Outreach Requirements for SCEGF and SCESF. For an Applicant submitting an Application with the Board for a Consolidated State Permit pursuant to M.G.L. c. 164, § 69V, and initiating the process for a Consolidated Local Permit, the Applicant is subject to the pre-filing engagement and outreach requirements in 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting and the Applicant is not required to comply with 980 CMR 16.00 pre-filing requirements. (3) Effective Date. 980 CMR 16.00 shall take effect on February 27, 2026, and shall apply to all Applications and petitions to construct filed with the Board for approval on or after July 1, 2026.