Overview of Requirements for the Pre-filing Outreach Period

(1) During the Pre-filing Outreach Period, the Applicant shall employ substantial, good faith efforts and endeavor to balance the goal of providing available information on Project design criteria to Key Stakeholders at an early point during Project development with the need to pursue due diligence on potential site options to develop the optimal Project design. (a) During the Pre-filing Outreach Period, the Applicant shall: 1. Review and implement applicable site suitability criteria, cumulative impact analysis requirements, and the cumulative impact analysis tool as described in 980 CMR 15.00: Cumulative Impact Analysis and Standards for Applying Site Suitability Criteria, as applicable. The Applicant shall consider input from Key Stakeholders, Agency Consultations, and public meetings with the Community to inform the selection of the preferred site/route; 2. Communicate during Agency Consultations, meetings with Key Stakeholders, and public meetings with the Community, how site and design options were or are being considered based on the applicable site suitability criteria, cumulative impact analysis requirements, and the cumulative impact analysis tool. Outreach shall include a discussion of how the preferred site/route option avoids, minimizes, or mitigates the potential for disproportionate adverse impacts. See 980 CMR 13.03(1)(d); 980 CMR 15.03(6), 15.10(2); 3. Document efforts to inform, involve, and partner with Key Stakeholders and the Community; 4. Maintain notes from meetings with Key Stakeholders, Agency Consultation, and Community meetings that included the date of the meeting, names of participants, key discussion points, and take aways; 5. Summarize comments received and how they influenced Project design; 6. Publicize Project information using multiple outreach channels that have wide reach within the Community, including multi-lingual and multi cultural media options; and 7. Create a Project web page at the start of the Pre-filing Outreach Period and maintain up-to-date information as it becomes available on Project web page(s). (b) The Applicant shall meet with DPP and OEJE individually or jointly at the start of the Pre-filing Outreach Period, in accordance with 980 CMR 16.05 (1), to discuss its proposed outreach plan and clarify pre-filing consultation and engagement requirements. The Applicant may contact DPP for guidance on who constitutes Key Stakeholders prior to or during the Pre-filing Outreach Period. (c) The Applicant shall meet with relevant Key Stakeholders early during the Pre-filing Outreach Period to inform, seek input, and be responsive to questions and feedback received on the proposed Project. The Applicant shall create and maintain a Project email distribution list and add Key Stakeholders they meet and those who opt-into the Project email distribution list. The Applicant shall send quarterly updates to the Project email distribution list that include but are not limited to new Project developments; any changes to site or Project design; Project contact person(s), including email, phone number, and mailing address; details of public meetings; and the estimated date Applicant plans to submit the Pre-filing Notice to the Board. Emails sent to the Project email distribution list shall be by blind copy and shall include a link or process for recipients to opt-out. (d) The Applicant shall submit to DPP a Pre-filing Engagement Status Checklist and the following supporting documentation related to its pre-filing consultation and engagement efforts approximately midway through the Pre-filing Outreach Period: 1. A list of Key Stakeholders, Agency Consultation, and public meetings with the Community held to date, including date/time and location; 2. A summary of how the site suitability criteria, cumulative impact analysis requirements, and cumulative impact analysis tool, as applicable, are informing Project design and planning; 3. A summary of any related improvements proposed by Local Government or state agencies during Agency Consultation; and 4. A table summarizing oral and written comments received that includes all issues raised at meetings with Key Stakeholders, Agency Consultation, and public meetings with the Community held to date, and any modifications in Project design made in response to the comments. (e) The Applicant shall consult with the MEPA Office at least once during the Pre-filing Outreach Period. 1. The consultation with the MEPA Office shall be held early during the Pre-filing Outreach Period to receive feedback on the Applicant’s compliance with regulatory requirements and other best practices to avoid or minimize impacts, as well as to receive recommendations on project specific studies or analyses that may be needed to inform the agencies’ review of the Application or a petition to construct once it is filed with the Board. 2. The Applicant may hold subsequent consultation(s) with the MEPA Office as appropriate. (f) The Applicant shall complete Agency Consultation, as appropriate, to receive feedback on compliance with regulatory requirements, including necessary pre-filing studies and analyses (such as wetlands delineation, or endangered species surveys). (g) The Applicant shall publicize and conduct at least two public meetings for Key Stakeholders and the Community. 1. The Applicant shall endeavor to hold the first mandatory public meeting after meeting with Key Stakeholders and addressing feedback received, as appropriate. 2. The Applicant shall hold the second mandatory public meeting prior to submitting the Pre-filing Notice with the Board. The Applicant shall present any changes to the Project design and how input received during the first public meeting was considered. 3. In addition to the two mandatory public meetings, as appropriate, Applicants shall endeavor to use other engagement channels such as open houses, workshops, or meetings that are tailored to discuss specific topics of interest to Key Stakeholders and the Community. See 980 CMR 16.07. 4. The pre-filing comment period shall remain open from when the first public meeting is announced until the deadline to submit public comments after the second mandatory public meeting. The Applicant shall provide at least three weeks after the second mandatory public meeting for Key Stakeholders and Community to submit written comments and for comments to be considered prior to filing the Pre-filing Notice. 5. For public meetings, the Applicant shall have a sign-in sheet that lists the name of participants and any organizational affiliation. The Applicant shall upon request submit the sign-in sheets to DPP during the Pre-filing Outreach Period or to the Siting Board during the adjudication process. (h) No less than 60 days and no more than 90 days prior to filing an Application or a petition to construct with the Board, the Applicant shall submit a Pre-filing Notice (Notification of Intent to File Application) to the Board. If the Applicant does not file its Application or a petition to construct with the Board within 90 days after filing the Pre-filing Notice, the Applicant shall resubmit a Pre-filing Notice. If more than 90 days pass after the second Pre-Filing Notice has been filed without the filing of an Application or a petition to construct, the Applicant shall submit to DPP written communication with the reason for the delay and an estimated timeline or date to resubmit the Pre-filing Notice. The Applicant may also meet with DPP staff to provide an update and discuss any additional outreach planned. DPP staff shall review documentation submitted by the Applicant with the Pre-filing Engagement Status Checklist and the Pre-filing Engagement Completion Checklist and provide a written assessment if additional outreach is necessary before a Pre-filing Notice can be resubmitted to the Board. (i) At the conclusion of the Pre-filing Outreach Period, the Applicant shall file the Pre-filing Notice and the Pre-filing Engagement Completion Check list with DPP, the Board, and relevant Local Government and state permitting agencies. The Applicant shall also submit the following supporting documentation related to its pre-filing consultation and engagement efforts with DPP: 1. An overview of all pre-filing consultation and engagement efforts that have occurred to date including: a. List of Key Stakeholder, Agency Consultation, and Community meetings held, including date/time and location; b. Description of the outreach materials created and outreach recipients, including date and method(s) of contact; and c. Notes from meetings with Key Stakeholders, Agency Consultation, and public meetings with the Community; 2. A table summarizing oral and written comments received throughout the Pre-filing Outreach Period that includes all issues raised, how the comments were considered, and any modifications in Project design made in response to the comments; 3. A description of how the site suitability criteria, cumulative impact analysis requirements, and cumulative impact analysis tool as described in 980 CMR 15.00: Cumulative Impact Analysis and Standards for Applying Site Suitability Criteria, as applicable, were incorporated into the selection of the Applicant’s preferred Project site; 4. A description of any partnerships developed with Key Stakeholders and/or Community, including any advisory bodies formed to provide ongoing input; 5. Any waiver or partial waiver request demonstrating good cause that was requested and approved or requested and not approved by DPP; 6. A copy of the Pre-filing Engagement Status Checklist; and 7. An update on any ongoing discussions regarding community benefits plans and community benefits agreements. See Standards and Guidelines for Community Benefits Plans and Agreements, Executive Office of Energy and Environment.