SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 142E the following new section:-

Section 142E 1/2. The department shall not approve an air quality plan or operating permit for a facility associated with the generation or transport of carbon-emitting energy sources to be located in any area where any air pollutant chemical or air pollutant compound as defined in 42 USC s. 7412 exceeds the ambient air toxics guidelines set forth by the department of environmental protection unless the applicant demonstrates to the department, and the department makes a finding, that operation of the facility is impossible at any other site in the commonwealth and that denial of the application is incompatible and irreconcilable with the policies established under section 69H of chapter 164 to provide a necessary energy supply for the commonwealth with a minimum impact on the environment.

SECTION 2. Section 69J of Chapter 164 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “policies” in line 65 the following words:-

“permitting, and licensure requirements,”