Amendment ID: S2829-81
Amendment 81
Massachusetts Association of Regional Planning Agencies Representation
Messrs. Eldridge, Lewis and Tarr move that the proposed new draft be amended by striking out section 57 and inserting thereof the following section:-
"SECTION 57. Section 69H of said chapter 164, as amended by section 292 of chapter 7 of the acts of 2023, is hereby further amended by striking out the first 3 paragraphs and inserting in place thereof the following 4 paragraphs:-
There shall be an energy facilities siting board within the department, but not under the supervision or control of the department. The board shall implement the provisions contained in sections 69H to 69Q, inclusive, and sections 69S to 69W, inclusive, to: (i) provide a reliable, resilient and clean supply of energy consistent with the commonwealth’s climate change and greenhouse gas reduction policies and requirements; (ii) ensure that large clean energy infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities avoid or minimize or, if avoidance or minimization is impossible, mitigate environmental impacts and negative health impacts to the extent practicable; (iii) ensure that large clean energy infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are, to the extent practicable, in compliance with energy, environmental, land use, labor, economic justice, environmental justice and equity and public health and safety policies of the commonwealth, its subdivisions and its municipalities; and (iv) ensure large clean energy infrastructure facilities, small clean energy infrastructure facilities, facilities and oil facilities are constructed in a manner that avoids or minimizes costs. The board shall review: (A) the need for, cost of and environmental and public health impacts of transmission lines, natural gas pipelines, facilities for the manufacture and storage of gas, oil facilities, large clean transmission and distribution infrastructure facilities and small clean transmission and distribution infrastructure facilities; and (B) the environmental and public health impacts of generating facilities, large clean energy generation facilities, small clean energy generation facilities, large clean energy storage facilities and small clean energy storage facilities.
A determination made by the board shall describe the environmental and public health impacts, if any, of the large clean energy infrastructure facility, small clean energy infrastructure facility, facility or oil facility and shall include findings including, but not limited to: (i) the efforts taken to avoid or minimize or, if avoidance or minimization were impossible, mitigate environmental impacts; (ii) due consideration given to the findings and recommendations of local governments; iii) in the case of large clean transmission and distribution infrastructure facilities, small clean transmission and distribution infrastructure facilities and natural gas pipelines, consideration was given to advanced transmission technologies, grid enhancement technologies, non-wires or non-pipeline alternatives, the repair or retirement of pipelines and other alternatives in an effort to avoid or minimize expenditures; (iv) in the case of large clean transmission and distribution infrastructure facilities and small clean transmission and distribution infrastructure facilities, the infrastructure or project will increase the capacity of the system to interconnect large electricity customers, electric vehicle supply equipment, clean energy generation, clean energy storage or other clean energy generation sources that qualify under any clean energy standard regulation established by the department of environmental protection pursuant to subsection (c) of section 3 of chapter 21N; and (v) any cumulative burdens on host communities and efforts that must be taken to avoid or minimize or, if avoidance or minimization is impossible, mitigate such burdens. In considering and issuing a decision, the board shall also consider reasonably foreseeable climate change impacts, including additional greenhouse gas or other pollutant emissions known to have negative health impacts, predicted sea level rise, flooding and any other disproportionate adverse effects on a specific geographical area. Such reviews shall be conducted consistent with section 69J1/4 for generating facilities, section 69T for large clean energy infrastructure facilities, sections 69U to 69W, inclusive, for small clean energy infrastructure facilities and section 69J for all other types of facilities.
The board shall be composed of: the secretary of energy and environmental affairs or a designee, who shall serve as chair; the secretary of economic development or a designee; the commissioner of environmental protection or a designee; the commissioner of energy resources or a designee; the commissioner of public utilities or a designee; the commissioner of fish and game or a designee; and 4 public members to be appointed by the governor for a term coterminous with that of the governor, 1 of whom shall be a representative of Massachusetts Municipal Association, Inc. with expertise in municipal permitting matters, 1 of whom shall be a representative of the Massachusetts Association of Regional Planning Agencies with expertise in regionalization matters, 1 of whom shall be experienced in advocating for low and moderate income communities or indigenous sovereignty and 1 of whom shall be experienced in labor issues; provided, however, that public members shall not have received within the 2 years immediately preceding appointment a significant portion of their income directly or indirectly from the developer of an energy facility or an electric, gas or oil company. The public members shall serve on a part-time basis, receive $100 per diem of board service and be reimbursed by the commonwealth for all reasonable expenses actually and necessarily incurred in the performance of official board duties. Upon the resignation of any public member, a successor shall be appointed in a like manner for the unexpired portion of the term. Appointees may serve for not more than 2 consecutive full terms.
In the event of the absence, recusal or disqualification of the chair, the commissioner of energy resources shall appoint an acting chair from the remaining members of the board. The board shall meet at such time and place as the chair may designate or upon the request of 3 members. The board shall render a final decision on an application by a majority vote of the members in attendance at a meeting and 5 members shall constitute a quorum."