{"AmendmentNumber":"60","ParentBillNumber":"S3064","Bill":null,"Sponsor":{"Id":"KPS1","Name":"Kenneth P. Sweezey","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/KPS1","ResponseDate":"2026-06-16T13:18:01.667"},"Category":null,"Action":"Consolidated","RollCall":[],"Title":"BESS Siting and Local Approval","Branch":"House","RedraftNumber":null,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Mr. Sweezey of Duxbury moves to amend the bill by adding the following section:\r\n\"SECTION XXXX. Chapter 40A of the General Laws is hereby amended by adding the following section:\r\nSECTION 1.\r\nBattery Energy Storage Facilities; Siting, Buffer Zones and Local Approval\r\n\r\n(a) Definitions.\r\nAs used in this section, the following words shall have the following meanings:\r\n“Battery storage facility”, a facility that uses batteries to store and distribute electrical energy.\r\n“Municipal governing body”, the elected city council, selectboard or other legislative authority of a municipality.\r\n“State permitting authority”, any state agency responsible for granting permits related to energy infrastructure, including but not limited to the department of public utilities and the energy facilities siting board.\r\n“Buffer zone”, a designated distance from certain areas within which a battery storage facility shall not be constructed or operated.\r\n“Populated area”, any residentially zoned area, school, hospital or other location with high human occupancy.\r\n“Ecologically protected area”, any land designated under state or federal law as a protected environmental zone, including wetlands, wildlife reserves and conservation areas.\r\n\r\n(b) Buffer Zone Requirements.\r\n(1) No battery storage facility shall be constructed or operated within 2,000 feet of a populated area.\r\n(2) No battery storage facility shall be constructed or operated within 3,000 feet of an ecologically protected area.\r\n(3) The Massachusetts Department of Environmental Protection, in consultation with the Massachusetts Department of Fire Services, may adjust buffer distances based on facility size, battery chemistry and risk assessment.\r\n\r\n(c) Local Approval Requirement.\r\n(1) No state permitting authority shall approve a battery storage facility unless the municipal governing body of the municipality in which the facility is proposed has voted to approve the project.\r\n(2) Municipalities shall have the authority to establish additional siting, safety and environmental requirements for battery storage facilities, provided such requirements do not conflict with state law.\r\n\r\n(d) Public Hearing Requirement.\r\n(1) Prior to any municipal vote on a proposed battery storage facility, the municipality shall hold not fewer than one public hearing to solicit input from residents and stakeholders.\r\n(2) The project applicant shall present detailed plans at such hearing, including risk assessments, emergency response protocols and environmental impact analyses.\r\n(3) The municipal governing body shall consider public input in making its determination.\r\n\r\n(e) Fire Mitigation and Environmental Protection.\r\n(1) All proposed battery storage facilities shall submit a fire mitigation and emergency response plan to the department of fire services and the local fire department prior to construction.\r\n(2) Facilities utilizing lithium-ion or similarly volatile battery chemistries shall install fire suppression systems in accordance with regulations established by the department of fire services.\r\n(3) Facilities shall implement groundwater and soil contamination prevention measures, including secondary containment and spill response plans.\r\n\r\n(f) Coordination with State Agencies.\r\n(1) The state permitting authority shall provide technical assistance to municipalities in evaluating proposed projects but shall not override a municipality’s decision to deny a project.\r\n(2) Municipalities and state agencies shall coordinate to ensure compliance with all applicable safety, environmental and zoning requirements.\r\n\r\n(g) Enforcement and Penalties.\r\n(1) Any battery storage facility constructed or operated without municipal approval or in violation of this section shall be subject to fines of not more than $100,000 per violation and shall cease operations until compliance is achieved.\r\n(2) The department of environmental protection may impose additional penalties, including fines of not more than $50,000 per violation, for noncompliance with buffer zone and environmental requirements.\r\n(3) The attorney general may enforce this section and seek injunctive relief as necessary.\"\r\n"}