Scope and Construction of Rules

(1) Scope. 980 CMR 1.00 shall govern the conduct of adjudicatory proceedings before the Energy Facilities Siting Board. (2) Application of 980 CMR 1.00. 980 CMR 1.00 shall apply to all adjudications conducted by the Board except when a specific provision of 980 CMR indicates otherwise. (3) Effective Date. 980 CMR 1.00 shall take effect on February 27, 2026, and shall apply to proceedings initiated July 1, 2026, and afterwards. (4) Definitions. For the purpose of 980 CMR, the following definitions shall apply unless the context or subject matter requires a different interpretation: Anaerobic Digestion Facility means a facility that: (a) generates electricity from a biogas produced by the accelerated biodegradation of organic materials under controlled anaerobic conditions; and (b) has been determined by the department of energy resources, in coordination with the department of environmental protection, to qualify under the department of energy resources regulations as a Class I renewable energy generating source under M.G.L. c. 25A, § 11F. Ancillary Structure means new or expanded equipment or structure which is an integral part of the operation of any CEIF or Facility. Applicant means a Person who submits to the Board a petition to construct a Facility, an application for a Consolidated Permit for a LCEIF or SCEIF, an application for a Consolidated State Permit for a SCEIF, or a petition for a certificate of environmental impact and public need. An Applicant also means a Person who submits an application for a Consolidated Local Permit to a Local Government pursuant to 225 CMR 29.00: Small Clean Energy Infrastructure Facility Siting and Permitting. Board means the Energy Facilities Siting Board established under M.G.L. c. 164, § 69H. Board Member means any of the eleven individuals set forth in 980 CMR 2.03(1) or any individual named to serve as a designee under the terms of 980 CMR 2.03(3). Chair means the Chair of the Energy Facilities Siting Board. Clean Energy Infrastructure Facility (CEIF) means an LCEGF, LCESF, LCTDIF, SCEGF, SCESF, or SCTDIF. A CEIF is not a Facility as defined in M.G.L. c. 164, § 69G. Consolidated Permit means a permit issued by the Board for an LCEIF or a SCEIF that includes all municipal, regional, and state permits that the LCEIF or SCEIF would otherwise need to obtain individually, with the exception of certain federal permits that are delegated to specific state agencies as determined by the Board. Consolidated Local Permit means a permit issued by a Local Government for a SCEIF that includes all required local permits, approvals, or authorizations that the Applicant would otherwise need to obtain individually from the Local Government. (Mass. Register #1568, 02/27/2026) Consolidated State Permit means a permit issued by the Board for an SCESF or an SCEGF that includes all state permits, approvals, or authorizations that the Applicant would otherwise need to obtain individually from state agencies, authorities, boards, commissions, offices or other entities, with the exception of certain federal permits that are delegated to specific state agencies as determined by the Board. Constructive Approval means approval, pursuant to 980 CMR 17.00, of an Application for a CEIF where the Board fails to issue a final decision by the deadlines established in M.G.L. c. 164, §§ 69T, 69U, 69V, and 980 CMR 13.00. Cumulative Impact Analysis Report means a written report as defined in 980 CMR 15.00: Cumulative Impact Analysis and Standards for Applying Site Suitability Criteria. Department means the Massachusetts Department of Public Utilities. De Novo Adjudication means an adjudicatory proceeding where the Director will consider an application for a Consolidated Local Permit based on evidence submitted in the proceeding that may include but is not limited to the information submitted to the Local Government as part of the application for a proposed SCEIF. Director means the individual appointed by the Chair of the Department of Public Utilities to direct the work of the siting division and to conduct the day-to-day business of the Board as well as to perform any other duty delegated by the Chair. The Director may issue decisions in De Novo Adjudications of local permit applications pursuant to M.G.L. c. 164, § 69W. Distribution means delivery of electricity as defined in M.G.L. c. 164, § 1. DOER means the Massachusetts Department of Energy Resources. EFSB Consolidated Permit means a Consolidated Permit or a Consolidated State Permit. Facility means any "facility" described in M.G.L. c. 164, § 69G including: (a) any generating unit designed for or capable of operating at a gross capacity of 25 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities; (b) a new electric transmission line having a design rating of 69 kilovolts or more and which is one mile or more in length on a new transmission corridor; (c) a new electric transmission line having a design rating of 115 kilovolts or more which is ten miles or more in length on an existing transmission corridor except reconductoring or rebuilding of transmission lines at the same voltage; (d) an ancillary structure which is an integral part of the operation of any transmission line which is a facility; (e) a unit, including multiple tanks and associated buildings and structures, designed for, or capable of, the manufacture or storage of gas, except such units below a minimum threshold size as established by regulation; 1. a unit with a total gas storage capacity of less than 25,000 gallons and also with a manufacturing capability of less than 2,000 MMBtu per day; 2. a unit whose primary purpose is research, development, or demonstration of technology and whose sale of gas, if any, is incidental to that primary purpose; or 3. a landfill or sewage treatment plant. (f) a new pipeline for the transmission of gas having a normal operating pressure in excess of 100 lbs. per square inch gauge, which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity; and (g) any new unit, including associated buildings and structures, designed for, or capable of, the refining, the storage of more than 500,000 barrels or the transshipment of oil or refined oil products and any new pipeline for the transportation of oil or refined oil products which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity. Gas means an energy source which includes natural gas, propane air, synthetic natural gas, liquefied natural gas, renewable natural gas, and hydrogen. Generating Facility means any generating unit designed for or capable of operating at a gross capacity of 25 megawatts or more, that is not a LCEGF or SCEGF, including associated buildings, Ancillary Structures, transmission and pipeline interconnections that are not otherwise facilities and fuel storage facilities. Hand Delivery means delivery by methods other than pre-paid U.S. mail (e.g., Federal Express or paid courier service). Hand Delivery shall not include delivery by electronic mediums such as facsimile or e-mail unless authorized by the Presiding Officer. Language Access Plan means the Language Access Plan established by the Board pursuant to Executive Order No. 615. Large Clean Energy Generation Facility (LCEGF) means energy generation infrastructure with a nameplate capacity of not less than 25 megawatts that is an Anaerobic Digestion Facility, Solar Facility or Wind Facility, including any Ancillary Structure that is an integral part of the operation of the LCEGF. Large Clean Energy Infrastructure Facility (LCEIF) means an LCEGF, LCESF, or LCTDIF. Large Clean Energy Storage Facility (LCESF) means an energy storage system as defined under M.G.L. c. 164, § 1, with a rated capacity of not less than 100 megawatt hours, including any Ancillary Structure that is an integral part of the operation of the LCESF. Large Clean Transmission and Distribution Infrastructure Facility (LCTDIF) means electric transmission and distribution infrastructure and related ancillary infrastructure that is: (a) a new electric transmission line having a design rating of not less than 69 kilovolts and that is not less than one mile in length on a new transmission corridor, including any Ancillary Structure that is an integral part of the operation of the transmission line; (b) a new electric transmission line having a design rating of not less than 115 kilovolts that is not less than ten miles in length on an existing transmission corridor except reconductored or rebuilt transmission lines at the same voltage, including any Ancillary Structure that is an integral part of the operation of the transmission line; (c) any other new electric transmission infrastructure requiring zoning exemptions, including standalone transmission substations and upgrades and any Ancillary Structure that is an integral part of the operation of the transmission line; and (d) facilities needed to interconnect offshore wind to the grid. A LCTDIF shall be: (e) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection of a CEIF to the electric grid; (f) approved by the regional transmission operator in relation to interconnecting a CEIF; (g) proposed to ensure electric grid reliability and stability; or (h) designed to help facilitate the electrification of the building and transportation sectors. A LCTDIF shall not include new transmission and distribution infrastructure that solely interconnects new and existing energy generation powered by fossil fuels on or after January 1, 2026. Limited Participant means any Person allowed to participate in an adjudicatory proceeding pursuant to M.G.L. c. 30A, § 10, and 980 CMR 1.05(2). A limited participant is not a party. Local Government means a municipal or regional authority, board, commission, office, or other entity, as defined in M.G.L. c. 25A, § 21, that would have had jurisdiction to issue at least one permit for an LCEIF or SCEIF absent a Consolidated Permit. Local Governments enforce the portions of a Consolidated Permit that relate to subject matter within their jurisdiction as if that portion of the Consolidated Permit had been directly granted by the Local Government. Local Government Representative means the Chief Administrative Officer of the Local Government, or their designee(s), pursuant to 225 CMR 29.02: Definitions. Party means an applicant, any Person allowed to intervene in an adjudicatory proceeding pursuant to M.G.L. c. 30A, § 1(3), and 980 CMR 1.05(1), or any Person who intervenes in an adjudicatory proceeding by right. Person means a natural person, partnership, corporation, association, society, authority, agency, department, or division of the Commonwealth, or any body politic or political subdivision of the Commonwealth including municipal corporations. Permit means a municipal, regional, or state permit, authorization, determination, license, or approval that would otherwise be individually required to construct and operate a CEIF Project, absent an EFSB Consolidated Permit. Presiding Officer means Board staff assigned by the Director to conduct adjudicatory proceedings for matters within the jurisdiction of the Board. Project means the structures, equipment, facilities, and land uses, and the construction and operation thereof, for which an applicant requires an approval, permits, or authorizations of the Board. The specific elements of a Project will be unique in each proceeding. Small Clean Energy Generation Facility (SCEGF) means energy generation infrastructure with a nameplate capacity of less than 25 megawatts that is an Anaerobic Digestion Facility, Solar Facility or Wind Facility, including any Ancillary Structure that is an integral part of the operation of the SCEGF. Small Clean Energy Infrastructure Facility (SCEIF) means an SCEGF, SCESF or SCTDIF. Small Clean Energy Storage Facility (SCESF) means an energy storage system as defined in M.G.L. c. 164, § 1, with a rated capacity of less than 100 megawatt hours, including any Ancillary Structure that is an integral part of the operation of the SCESF. Small Clean Transmission and Distribution Infrastructure Facility (SCTDIF) means electric transmission and distribution infrastructure and related ancillary infrastructure, including: (a) electric transmission line reconductoring or rebuilding projects; (b) new or substantially altered electric transmission lines located in an existing transmission corridor that are not more than ten miles long, including any Ancillary Structure that is an integral part of the operation of the transmission line; (c) new or substantially altered electric transmission lines located in a new transmission corridor that are not more than one mile long, including any Ancillary Structure that is an integral part of the operation of the transmission line; (d) any other electric transmission infrastructure, including standalone transmission substations and upgrades and any Ancillary Structure that is an integral part of the operation of the transmission line and that does not require zoning exemptions; and (e) electric distribution-level projects that meet a certain threshold, as determined by the Department of Energy Resources. A SCTDIF shall be: (a) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection of a CEIF to the electric grid; (b) designed to ensure electric grid reliability and stability; or (c) designed to help facilitate the electrification of the building and transportation sectors. A SCTDIF shall not include new transmission and distribution infrastructure facilities that solely interconnect new or existing generation powered by fossil fuels to the electric grid on or after January 1, 2026. Solar Facility means a ground-mounted facility that uses sunlight to generate electricity. The nameplate capacity for a Solar Facility shall be calculated in direct current. Wind Facility means an onshore or offshore facility that uses wind to generate electricity. (5) Adding Facility Type to the Definition of LCEGF. The Board may promulgate regulations to include additional facility types that do not emit greenhouse gases to the definition of a LCEGF. In promulgating the regulations, the Board shall consult with DOER.