225 CMR 29.02
Definitions
Abutter. An owner of land that shares a common boundary or corner with the parcel of land on
which a Small Clean Energy Infrastructure Facility is sited or proposed to be sited, including land
located directly across a street, road or way. A street, road or way is not an Abutter. Any owner
of land whose property line is within 300 feet of a Small Clean Energy Infrastructure Facility’s
Site Footprint shall be considered an Abutter.
Accessory-use. A use or structure subordinate to a permitted or conditional use or structure and
customarily incidental to the permitted or conditional use of the structure
Anaerobic Digestion Facility. 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, in coordination with the Department of
Environmental Protection, to qualify under Department regulations as a Class I renewable
energy generating source under M.G.L. c. 25A, § 11F.
Applicant. A Person or group of Persons who submits a Consolidated Local Permit Application
for a Small Clean Energy Infrastructure Facility to a Local Government under 225 CMR 29.00.
Avoidance. Measures taken intended to prevent negative impacts on values like biodiversity,
carbon storage, and recreation.
Behind-the-meterSmall Clean EnergyInfrastructureFacility. ASmall Clean EnergyGeneration
Facility or Small Clean Energy Storage Facility that serves On-site Load other than parasitic or
station load utilized to operate the Small Clean Energy Generation Facility or Small Clean
Energy Storage Facility.
Board. The Energy Facilities Siting Board established by M.G.L. c. 164, § 69H.
(Mass. Register #1568, 02/27/2026)
Chief Administrative Officer. When used in connection with the operation of municipal
governments, shall include the mayor of a city and the board of selectmen in a town unless some
other local office is designated to be the chief administrative officer under the provisions of a
local charter.
Community Benefits Agreement. A legally binding, negotiated agreement between a project
applicant and a community, often represented by a coalition of community groups or a local
government body, which outlines benefits the communities will receive and is prepared in
accordance with the standards and guidelines developed by the Office of Environmental Justice
and Equity, pursuant to M.G.L. c. 21A, § 29.
Community Benefits Plan. A non-legally binding document that outlines how a project will
engage with and benefit local communities during development and operation of a Small Clean
Energy Infrastructure Facility and is developed in accordance with the standards and guidance
developed by the Office of Environmental Justice and Equity, pursuant to M.G.L. c. 21A, § 29.
Consolidated Local Permit. A permit issued by a Local Government for a Small Clean Energy
Infrastructure Facility that includes all necessary local permits, approvals, or authorizations to
construct and operate a Small Clean Energy Infrastructure Facility that the Applicant would
otherwise need to obtain individually from the Local Government, with the exception of
ministerial permits, including, but not limited to, a street opening permit or electrical permit.
Consolidated Local Permit Application. Asinglecomprehensiveapplication used byApplicants
to apply for a Consolidated Local Permit for a Small Clean Energy Infrastructure Facility.
Conservation Commission. A body comprised of members lawfully appointed pursuant to
M.G.L. c. 40, § 8C. For the purposes of M.G.L. c. 131, § 40 and 310 CMR 10.00: Wetlands
Protection Act, it shall also mean a mayor or board of selectmen, where no conservation
commission has been established under M.G.L. c. 40, § 8C.
Constructive Approval. The granting of a Consolidated Local Permit based on the non-issuance
of a decision on a Consolidated Local Permit Application by a Local Government within 12
months of receipt of a complete Consolidated Local Permit Application.
Criteria-specificSuitabilityScores. Thescores foreach criterion examined in theSiteSuitability
Guidance, as assessed following the methods outlined in the Site Suitability Guidance, which
represent the suitability of a site for a given Small Clean Energy Infrastructure Facility.
Department. The Massachusetts Department of Energy Resources, established by M.G.L.
c. 25A.
De Novo Adjudication. An adjudicatory proceeding where the director of the Board will
consider a Consolidated Local Permit Application based on evidence submitted in the proceeding
that shall include but is not limited to the information submitted to the Local Government as part
of the application for a proposed Small Clean Energy Infrastructure Facility.
Emergency Response Plan. A plan created by the Applicant in consultation with the Local
Government's fire, police, and emergencymanagement departments outlining the guidelines and
procedures to be taken in response to emergencies.
Guideline. A set of clarifications, interpretations, and procedures, including forms, developed
by the Department to assist in compliance with the requirements of 225 CMR 29.00. The
Department may issue a new or revised Guideline after providing notice and a minimum of a
21-day public comment period on a draft version. Each Guideline shall be effective on its date
of issuance or on such date as is specified therein, except as otherwise provided in 225 CMR
29.00.
Host Municipality. The Municipality or Municipalities in which a Site Footprint is located.
Individual Application Components. The materials, disclosures, descriptions, and all other
documents an Applicant is required to submit under 225 CMR 29.09(2).
Investment Tax Credits (ITC). A federal tax credit offered pursuant to § 48 of the Internal
Revenue Code.
Local Government. A municipality or regional agency, including, but not limited to, the Cape
Cod Commission, established by St. 1989, c. 716, and the Martha's Vineyard Commission,
established by St. 1977, c. 831, that has permitting authority over Small Clean Energy
Infrastructure Facilities.
Local Government Representative.
For the purposes of 225 CMR 29.00, the Chief
Administrative Officer of the Local Government, or their designee(s); or one or more officials
designated in the Local Government’s Small Clean Energy Infrastructure Facility Permitting
bylaw or ordinance.
Local Stakeholders. Abutters, community-based organizations, public interest groups, local
burdened areas, and federally recognized, state-acknowledged, or state-recognized tribes
identified in a stakeholder reference form provided by the Department, elected or appointed
municipal officials (e.g., mayor or town/city manager, relevant Council/Select Board members,
Chair(s) of the Conservation Commission, Planning Board, Zoning Board, Board of Health, Fire
Chief, and Head of the Department of Public Works), and regional planning officials.
MassDEP. The Massachusetts Department of Environmental Protection established by M.G.L.
c. 23J, § 2.
Minimization. Measures taken to reduce the duration, intensity, and extent of impacts, including
direct, indirect, and cumulative impacts, that cannot be completely avoided, to the extent
practicable.
Mitigation. Measures taken which include, but are not limited to, the repair, rehabilitation, or
restoration of an area affected by an adverse impact of siting.
Municipality. A political subdivision that operates under state law, typically classified as either
a city or a town.
On-site Load. Any new or existing electric load located at the site of a Small Clean Energy
Infrastructure Facility, including any parasitic load that may result from the installation of the
Small Clean Energy Infrastructure Facility, and that is wired to receive a portion of the electrical
energy output from the Small Clean Energy Infrastructure Facility before the balance of such
output passes through the Small Clean Energy Infrastructure Facility's metered interconnection
onto the electric grid.
Person. 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.
Pre-filing Engagement Completion Checklist. The updated self-certification document reflecting
the completed pre-filing consultation and engagement requirements identified in 225 CMR
29.08.
Public Right of Way. Any way laid out by public authority that permits public access or that is
established on public property and which may or may not already house utility infrastructure.
Significant Change. A material alteration of the Applicant’s Consolidated Local Permit
Application that has arisen after the Local Government Representative deemed the Consolidated
Local Permit Application complete
Site Footprint. The area of land and water encompassed by Small Clean Energy Infrastructure
Facility's equipment, plus any land significantly impacted by construction of the Small Clean
Energy Infrastructure Facility, including, but not limited to, land altered of its natural vegetative
composition and structure for clearing, grading, and roadways.
Site Suitability Guidance. Guidance and criteria for the assessment of the suitability of the
proposed siting of a Small Clean Energy Infrastructure Facility, as established by the Executive
Office of Energy and Environmental Affairs, pursuant to M.G.L. c. 21A, § 30.
Site Suitability Mapping Tool. A web-based mapping tool established and maintained by the
Executive Office of Energy and Environmental Affairs, which contains geographic information
system data layers used to determine Criteria-specific Suitability Scores. The mapping tool shall
have the capability to automatically calculate a Small Clean Energy Infrastructure Facility’s
Criteria-specific Site Suitability Scores by delineating the Small Clean Energy Infrastructure
Facility Site Footprint in the mapping tool.
Site Suitability Report. A written report documenting the Applicant’s Criteria-specific Site
Suitability Scores, anySite SuitabilityScore Modifiers the Applicant is seeking to apply, and any
other required supporting documentation, in a form and manner established by the Department
in consultation with the Executive Office of Energy and Environmental Affairs.
Site Suitability Score Modifier. Positive or negative adjustments to a Small Clean Energy
Infrastructure Facility's Criteria-specific Suitability Scores that are reflective of development
potential or social and environmental benefits, as prescribed in the Site Suitability Guidance.
Small Clean Energy Generation Facility. Energy generation infrastructure with a nameplate
capacityof less than 25 megawatts that is an Anaerobic Digestion Facility, Solar Facilityor Wind
Facility, including any ancillary structure that is an integral part of the operation of the Small
Clean Energy Generation Facility.
Small Clean Energy Infrastructure Facility. A Small Clean Energy Generation Facility, Small
Clean Energy Storage Facility or Small Clean Transmission and Distribution Infrastructure
Facility.
Small Clean Energy Storage Facility. 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 Small Clean Energy Storage Facility.
Small Clean Transmission and Distribution Infrastructure Facility. 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; provided, however, that the Small Clean Transmission and Distribution
Infrastructure Facility shall be:
designed, fully or in part, to directly interconnect or otherwise facilitate the
interconnection of clean energy infrastructure to the electric grid;
2. designed to ensure electric grid reliability and stability; or
designed to help facilitate the electrification of the building and transportation
sectors; and provided further, that a Small Clean Transmission and Distribution
Infrastructure Facility 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 Canopy. Solar Canopy shall have the same meaning as the definition of Canopy STGU
in 225 CMR 28.02: Definitions.
Solar Facility. A ground mounted facility that uses sunlight to generate electricity. The
nameplate capacity for a Solar Facility shall be calculated in direct current, unless otherwise
specified.
Standalone Small Clean Energy Infrastructure Facility. A Small Clean Energy Generation
Facility or Small Clean Energy Storage Facility that serves no associated On-site Load other than
parasitic or station load utilized to operate a Small Clean Energy Generation Facility or a Small
Clean Energy Storage Facility.
Town Clerk. An officer of the Municipality as defined under M.G.L. c. 41, § 15.
Wind Facility. An onshore or offshore facility that uses wind to generate electricity.