Section 69J.5: Fees for applications to construct electricity facilities
[ Text of section effective until February 18, 2025. For text effective February 18, 2025, see below.]
Section 69J1/2. Notwithstanding the provisions of any general or special law to the contrary, the department may charge a fee of seventy-five thousand dollars for each application to construct a facility that generates electricity. In the event that the application to construct a facility that generates electricity is accompanied by an application to construct one additional facility that does not generate electricity, said department may charge a fee of one hundred thousand dollars for the combined application. In the event that an application to construct a facility that generates electricity is accompanied by applications to construct two additional facilities that do not generate electricity, said department may charge a fee of one hundred and twenty-five thousand dollars for the combined application. In the event that an application to construct a facility that does not generate electricity is filed separately, said department may charge a fee of seventy-five thousand dollars for each such application; provided, however, that, should said department deem it warranted, it may charge a lower fee, not to be less than twenty-five thousand dollars, for applications to construct facilities that do not generate electricity and that are below a size to be determined by the department. Said fees shall be payable upon issuance of the notice of adjudication and public hearing. Said fees shall apply to all applications filed on or after August fifteenth, nineteen hundred and eighty-nine.
None of the fees described above shall be required of applicants that are utility companies subject to the jurisdiction of the said department that are assessed annually for the expenses of said department.
Said department may retain said fees for the purpose of reviewing applications to construct facilities. Any remaining balances of said fees at the end of a fiscal year shall not revert to the General Fund, but instead shall be available to said department during the following fiscal year for the purposes provided herein.
The fees collected pursuant to this section shall be used to ensure that an appropriate number of staff members and other resources are dedicated to the review of applications to construct facilities. Said department shall endeavor to complete the review of applications filed by applicants that are not utility companies in seven months from the date of the last public informational hearing, and shall endeavor to complete the review of applications filed by utility companies in twelve months from the date of the last public informational hearing; provided, however, that it may not be possible to achieve these target periods in the case of applications that raise unusual issues or circumstances. Said department shall issue an annual report setting forth the following: the number of facility applications filed, decided and pending; the average duration of review; and the average staffing levels.
Nothing contained in this section shall be interpreted as changing said department's or board's statutory mandate, or the type of transmission line facilities that may be constructed by applicants that are not utilities. Nothing contained in this section shall be interpreted as changing the department's or board's regulations or body of precedent, or interpreted as changing the rights of intervenors before the department or board.
Chapter 164: Section 69J.5. Fees for applications to construct electricity and clean energy facilities
[ Text of section as amended by 2024, 239, Sec. 69 effective February 18, 2025. For text effective until February 18, 2025, see above.]
Section 69J1/2. Notwithstanding any general or special law to the contrary, the department may charge a fee as specified by its regulations for each application to construct a facility that generates electricity, a large clean energy generation facility, a small clean energy generation facility, a large clean energy storage facility, a small clean energy storage facility, a non-utility owned large clean transmission and distribution infrastructure facility or a small clean transmission and distribution infrastructure facility. If the application to construct any such facility is accompanied by an application to construct 1 additional facility that does not generate electricity, the department may charge a fee as specified by its regulations for the combined application. If an application to construct a facility that generates electricity is accompanied by applications to construct 2 additional facilities that do not generate electricity, the department may charge a fee as specified by its regulations for the combined application. If an application to construct a facility that does not generate electricity is filed separately, the department may charge a fee as specified by its regulations for each such application; provided, however, that, the department may charge a lower fee for applications to construct facilities that do not generate electricity and that are below a size to be determined by the department. Said fees shall be payable upon issuance of the notice of adjudication and public hearing.
The department may retain said fees for the purpose of reviewing applications to construct or consolidated permit applications for large clean energy infrastructure facilities, small clean energy infrastructure facilities or other facilities subject to this section and for the purpose of creating a clean energy infrastructure dashboard established under section 12N of chapter 25.
Any remaining balance of fees at the end of a fiscal year shall not revert to the General Fund but shall remain available to the department during the following fiscal year for the purposes of this section or section 12S of chapter 25.
The department shall issue an annual report summarizing the data and information required by this section, including, but not limited to: (i) the number of applications filed for facilities, large clean energy infrastructure facilities and small clean energy infrastructure facilities, decided and pending; (ii) the average duration of review; and (iii) the average staffing levels; provided, however, that the annual report shall make use of bar charts, line charts and other visual representations in order to facilitate public understanding of events of the immediate preceding year and of long-term and cumulative trends and outcomes. The board shall file the report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on telecommunications, utilities and energy not later than January 31.
Nothing contained in this section shall be interpreted as changing the statutory mandates of the department or board or the type of facilities that may be constructed by applicants that are not utilities. Nothing contained in this section shall be interpreted as changing the regulations or body of precedent of the department or board or interpreted as changing the rights of intervenors before the department or board.