Contents and Form of Constructive Approval

(1) Contents. A Constructive Approval shall be in writing and shall include the following contents: (a) Identifying Information. 1. Name of the Applicant, docket number(s), and project name. Name, address, telephone number, and email address of the Applicant representative(s). See 980 CMR 13.01(4): Definitions and 13.03(1)(a): Application Summary Form. 3. The Applicant’s Description of the Project, Site, and Surrounding Area pursuant to 980 CMR 13.03(1)(b): Description of the CEIF Project, Site, and Surrounding Area, including any updates in the evidentiary record of the proceeding pursuant to 980 CMR 13.07(1)(c): Updated Filing. (b) Required Permits and Approvals. List. A list of all state, regional, and local permits and approvals listed on the Application pursuant to 980 CMR 13.05: EFSB Consolidated Permit Application Requirements: Required Permits. 2. Agency Permit Requirements. A list of the agency permit requirements based on the latest information provided by the Applicant. Draft Documents. All draft permits and approvals provided by the Applicant pursuant to 980 CMR 13.05(1)(a): State Permits, (b): Local Governmental Permits, (d) Ministerial Permits, as the applicant may have updated during the proceeding pursuant to 980 CMR 13.07(1)(c): Updated Filing. 4. Zoning Statement. A statement of the zoning exemptions that the Applicant has included in its Application at the Completeness Determination. (c) Common Conditions Applicable Common Conditions pursuant to 980 CMR 13.09(2): Common Conditions, as identified in “13.00: EFSB Consolidated Permit Application Guidance,” Attachment 1: Common Conditions and Requirements for EFSB Consolidated Permits, unless expressly superseded by the Presiding Officer Recommended Permit Conditions and Requirements included in the draft Constructive Approval pursuant to (d) Presiding Officer Recommended Permit Conditions and Requirements included in the draft Constructive Approval pursuant to 980 CMR 17.02. (e) The Applicant shall file an Abbreviated Procedural History that substantially complies with the following text: The Applicant(s), _____________________[name(s)], filed its/their Application on ___________[date]. The EFSB docketed the Consolidated Permit proceeding as ______. On _______________[date], pursuant to 980 CMR 13.06: Completeness Determination, the Presiding Officer issued a Completeness Determination. The Completeness Determination confirmed that the Applicant substantially and materially complied with each Application filing requirement. The Board was required, pursuant to 980 CMR 13.02(4)(a): Review Timeframe, to issue a final decision on a Consolidated Permit or Consolidated State Permit by _____________[date]. The Board did not issue a Consolidated Permit or Consolidated State Permit by ______________ [date]. Therefore, pursuant to M.G.L. c. 164, § 69T (for a large clean energy infrastructure facility), M.G.L. c. 164, § 69U (for a small clean transmission and distribution infrastructure facility), or M.G.L. c. 164, § 69V (for a small clean energy generation facility or small clean energy storage facility) a Constructive Approval of the Project has been issued. The Applicant has obtained Constructive Approval, issued by operation of law under M.G.L. 164, §§ 69T, 69U, or 69V, and 980 CMR 17.04 for all required state, regional, and local permits and approvals listed on part b(1) of this Constructive Approval as if the accompanying draft permits had issued in final form. The Applicant is likewise granted all requested zoning exemptions as referenced in part b(3) of this Constructive Approval. (2) Statement of Decision’s Effect and Appeal Rights. The Constructive Approval shall contain the text of 980 CMR 17.05(1) and 17.05(2). (3) Form. The Board may specify the form of the Constructive Approval and may make available a template for that purpose.