Application of Site Suitability Guidance

(1) Exemptions. The following types of Small Clean Energy Infrastructure Facilities shall be exempt from the requirements of 225 CMR 29.07: (a) Exempt Small Clean Energy Infrastructure Generation Facilities: 1. Small Clean Energy Infrastructure Generation Facilities with a Site Footprint of one acre or less; Solar Canopies up to two megawatts in nameplate capacity when sited on a preexisting paved surface with a permitted and functioning stormwater management system; 3. Standalone Solar Facilities with a nameplate capacity of less than or equal to 25 kilowatts, as measured by an alternating current; 4. Small Clean EnergyGeneration Facilities that areeligibleforInvestment Tax Credits; and 5. Small Clean Energy Infrastructure Generation Facilities that are designated as an Accessory-use Behind-the-meter Small Clean Energy Infrastructure Facility. (b) Exempt Small Clean Energy Storage Facilities: 1. Standalone Small Clean Energy Storage Facilities with an aggregate capacity of 250 kWh or less, as measured with an alternating current; and Small Clean Energy Storage Facilities that are designated as an Accessory-use Behind-the-meter Small Clean Energy Infrastructure Facility. (c) Exempt Small Clean Energy Transmission and Distribution Infrastructure Facilities: 1. Small Clean Energy Transmission and Distribution Infrastructure Facilities that are proposed to be sited in an existing Public Right of Way; 2. Small Clean Energy Transmission and Distribution Infrastructure Facilities with a design rating up to 20 kilovolts, as measured by an alternating current. (2) Determination of Site Suitability and Criteria-specific Suitability Scores. (a) Pre-filing Requirements for Applicants. Applicants shall shall utilize the Site Suitability Mapping Tool, pursuant to any instructions provided in the Site Suitability Guidance, to derive the anticipated Criteria-Specific Suitability Scores for the proposed Small Clean Energy Infrastructure Facility prior to submitting a Consolidated Local Permit Application to a Local Government. (b) Site Suitability Score Application Requirements. Applicants shall submit a Site Suitability Report as part of their Consolidated Local Permit Application to the Local Government. Unless a Request for Score Revision by the Department pursuant to 225 CMR 29.07(2)(b)(1) is requested or a Social and Environmental Benefit Criteria Score Modifier is applied pursuant to 225 CMR 29.07(2)(b)(2), the Criteria-specific Suitability Scores shall be final. Request for Score Revision by the Department. If the Applicant, the Local Government, or any other Local Stakeholder believes that one or more Criteria-Specific Suitability Scores were calculated based on materially erroneous, incomplete, or otherwise faulty data, they may request a Score Revision from the Department in a form or manner prescribed by the Department. The Department shall review one or more Criteria-Specific Suitability Scores subject to the request and shall not grant or deny a Consolidated Local Permit Application on the basis of that review. a. Parties seeking a Request for Score Revision must identify the specific deficiencies that resulted in one or more erroneous Criteria-Specific Suitability Scores. Failure to specify such deficiencies may result in the Department’s denial of the request. b. Requests for Score Revision shall be completed by the Department not more than 30 days after receipt. c. Any revised Criteria-Specific Suitability Scores issued by the Department shall be final, subject to the application of one or more Site Suitability Score Modifier. 2. Social and Environmental Benefit Criteria Score Modifier. The Applicant’s Criteria- Specific Suitability Scores may be modified by the Local Government when the Applicant agrees to provide certain social or environmental benefits as described in the Site Suitability Guidance. Score modification may only occur upon the mutual written agreement between the Applicant and the Local Government. Such mutual written agreement shall result in binding conditions that shall attach to the Applicant’s Consolidated Local Permit. (3) Avoidance, Minimization and Mitigation. (a) Application of Site Suitability Scores. The Local Government Representative shall refer to the Applicant’s Criteria-specific Site Suitability Scores, and Site Suitability Report to determine the appropriate Minimization and Mitigation which the Applicant must perform, if applicable. Minimization and Mitigation shall have a rational nexus to the impacts of the proposed Small Clean EnergyInfrastructure Facility’s siting on the environment, people, and the Commonwealth’s goals and objectives for climate mitigation, resilience, environmental justice, biodiversity, and protection of natural and working lands, to the extent practicable. (b) Avoidance. Small Clean Energy Infrastructure Facilities that are considered highly suitable pursuant to the Site Suitability Guidance are presumed to have demonstrated Avoidance. (c) Scpe and Type of Minimization and Mitigation. The scope and type of Minimization and Mitigation the Local Government Representative may assign shall be based only on the Small Clean Energy Infrastructure Facility’s Criteria-Specific Suitability Scores, and shall meet the Department’s specifications in its Guideline on Avoidance, Minimization and Mitigation Measures. After consultation with the Applicant, the Minimization and Mitigation assigned bythe Local Government Representative may be included as a condition on the Consolidated Local Permit, or otherwise memorialized