SENATE DOCKET, NO. 134        FILED ON: 1/12/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1545



The Commonwealth of Massachusetts



In the Year Two Thousand Nine



An Act requiring local approval from neighboring communities in energy facility siting..


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Notwithstanding any general or special law, rule or regulation to the contrary, all local approval or permitting required by a host municipality for the siting of an energy facility approved by the Energy Facilities Siting Board must also be required by neighboring municipalities located less than 6 miles in linear distance from the facility.  Said linear distance shall be measured from the outermost perimeter of such facility to the outermost point of the aforementioned zones; provided, however that any such facility in operation on January 1, 20089, shall not be subject to this act.