Pre-filing Requirements

(1) The Applicant shall complete all pre-filing requirements in 225 CMR 29.08 not more than 60 days before submitting a Consolidated Local Permit Application to the Local Government Representative. A Consolidated Local Permit Application submitted before the completion of all pre-filing requirements, or more than 60 days after completion of all pre-filing requirements, shall be automatically denied without prejudice. (2) Exemptions. All Small Clean Energy Infrastructure Facilities that qualify for an exemption under 225 CMR 29.07(1) are exempt from the requirements of 225 CMR 29.08. (3) Pre-filing Municipal Meeting. The Applicant shall schedule a meeting with members of the Local Government which may include part-time or full-time staff, and the chairpersons of relevant boards, or their designees. The Applicant and Local Government shall mutually agree on the time and place of the meeting, provided that it occurs before the pre-filing information session described in 225 CMR 29.08(4). The purpose of the pre-filing municipal meeting is for the Applicant and Local Government to: (a) Verify basic project and site information, including zoning information, known areas subject to state or local environmental laws, and any other areas, structures, or buildings of cultural or historical significance that could be impacted by the project; (b) Identify to the best extent possible all needed decisions and permits from the Local Government; (c) Identify, to the best extent possible, any applicable local bylaws and processes; (d) Identify, to the best extent possible, any other potential permitting, design, or engineering obstacles or items of concern that might hinder the Applicant’s ability to secure all needed decisions within the 12-month timeframe; and (e) Discuss dates, times, and locations for an information session, if applicable. (4) Pre-filing Information Session Requirements. The Applicant shall host not less than one pre-filing information session open to the public which shall conform to Department specifications in its Guideline on Pre-filing Stakeholder Engagement. The Applicant shall host the information session in a publicly accessible location, and it shall be held in a hybrid format if feasible. (a) Public Notice Requirements. The Applicant shall provide notice of the pre-filing information session not less than ten days in advance. The Applicant shall provide notice in a manner consistent with the following requirements: The Applicant shall provide notice to Abutters and Local Stakeholders of the proposed Site Footprint via United States Postal Service First Class Mail®. Determination of ownership and common boundary shall be made with reference to the current local tax assessors' records and maps. Notice shall include but not be limited to the following: a. The proposed Small Clean Energy Infrastructure Facility’s site address, a map of the Site Footprint, and the name of the project developer; b. A description of the size of the proposed Small Clean Energy Infrastructure Facility, which includes the Site Footprint and the project’s generation and energy storage capacity, if applicable; c. Public meeting details, including dates, times, locations, and accessibility information, if applicable; and d. Information about relevant websites managed by the Local Government, the Department, and the Applicant. 2. The Applicant shall provide notices to two or more multimedia outlets such as radio, newspapers, or social media. The Applicant shall also provide notices to the Local Government, and post notices on two different public buildings or community facilities within the Host Municipality. If the proposed Small Clean Energy Infrastructure Facility abuts or straddles multiple Municipalities the Applicant shall provide the same notices in all impacted Municipalities (b) Pre-filing Information Session Materials. The Applicant shall make available the following materials during the information session: 1. A project description including the type and nameplate capacity of the proposed Small Clean Energy Infrastructure Facility, the energy benefits the Small Clean Energy Infrastructure Facility will provide, any impacts the Small Clean Energy Infrastructure Facility may have on the community, the site work required, proposed structures to be constructed at the Small Clean Energy Infrastructure Facility’s site, and a description of the Small Clean Energy Infrastructure Facility’s alignment with the Commonwealth’s energy goals and climate mandates; 2. Site Footprint locus maps, including an aerial and GIS map, outlining the existing site conditions and any environmental, cultural, and historic features; A Draft Emergency Response Plan which shall be included in the Applicant’s Consolidated Local Permit Application under 225 CMR 29.09. The Emergency Response Plan shall be approved by the Local Government’s fire, police, or emergency management departments during the Consolidated Local Permit Review Process under 225 CMR 29.10; All anticipated Criteria-Specific Suitability Scores, and plans for seeking Site Suitability Score Modifiers, if applicable. Pre-filing Engagement Completion Checklist. Upon completion of the stakeholder engagement activities described in 225 CMR 29.08, the Applicant shall submit a self-attested Pre-filing Engagement Completion Checklist to the Local Government Representative. The Applicant shall attach the following materials to the Pre-filing Engagement Completion Checklist: (a) Documentation summarizing all meetings and public information sessions held including the date, location, and copies of all meeting materials, if applicable; and (b) Proof of compliance with the notice requirements, if applicable. (6) The Local Government Representative shall determine whether the Applicant has completed all pre-filing requirements not more than ten days after the Applicant’s submission of a Pre-filing Engagement Completion Checklist. (a) All pre-filing requirements shall be considered complete if the Applicant’s Pre-filing Engagement Checklist reflects compliance with 225 CMR 29.08(3) and (4), or the Applicant is excused from the pre-filing requirements pursuant to 225 CMR 29.08(2). (b) If the Local Government Representative determines the Applicant has not completed all pre-filing requirements, the Local Government Representative shall notifythe Applicant, and the Applicant must remedy all identified pre-filing deficiencies not more than 30 days after receiving such notice. If the Applicant fails to remedy all identified pre-filing deficiencies in 30 days, the Local Government Representative may allow the Applicant an additional period of up to 30 days to remedy all remaining deficiencies. (c) The Applicant may contest the Local Government Representative’s determination that pre-filing requirements are not complete by requesting an advisory opinion on the Applicant’s Pre-filing Engagement Completion Checklist by the Siting and Permitting Regional Coordinator. (d) In the event that the Local Government Representative determines that all pre-filing requirements have been completed by the Applicant, the Local Government Representative shall sign the Applicant’s Pre-filing Engagement Completion Checklist and the Applicant may submit a Consolidated Local Permit Application.