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July 31, 2025 | Legal Update

Welcome to the July edition of Nutter’s Environment & Energy Insights, a periodic update of current trends in environment and energy law.

In mid-July, the Massachusetts Energy Facilities Siting Board released its draft application guidance for permitting Clean Energy Infrastructure Facilities (CEIFs) under the 2024 Climate Act (980 CMR 13.00). The new rules aim to streamline and standardize approvals, taking effect March 1, 2026, for applications filed on or after July 1, 2026.

The guidance outlines what applicants must include in a Consolidated Permit application. For large CEIFs, this includes the Siting Board’s Construction Permit plus all required state, regional, and local approvals. Small CEIFs, which do not need a Siting Board Construction Permit, may apply for a Consolidated State Permit and will use the Department of Energy Resources’ (DOER) forthcoming small Consolidated Local Permit for any local approvals.  Notably, an applicant seeking zoning relief from the Siting Board will still need to seek that separately, though it can be consolidated into the comprehensive approval process.

Key Application Filing Instructions:

• Consultation is encouraged: Prospective applicants are strongly encouraged to consult with Siting Board staff prior to submission to address any unique or project-specific informational considerations.
• Conflicting or duplicative requirements: If an applicant identifies conflicting provisions or duplicative information requirements across different permits – including where relief from zoning ordinances is also sought – the applicant may propose specific remedies in its application, such as cross-referencing information or modifying requirements.
• Clarity and support: Applications must use clear, concise, and plain language, directly addressing each required finding and consideration the Siting Board needs to make. The applicant must also provide all data, assumptions, and calculations relied upon, including supporting studies, reports, and planning documents.
• Pre-Filing notification: Applicants for projects under G.L. §§ 69T & U (large CEIF, or small CEIFs that petitioned the Siting Board for a consolidated permit) must notify the Siting Board between 45 and 90 days prior to filing the application.

Required Components of a Siting Board Consolidated Permit Application from the Guidance:

• Completeness determination checklist: A forthcoming checklist issued by the Siting Board will confirm whether all necessary components have been prepared and submitted, leading to the “Notice of Completeness,” which triggers a mandatory timeline for Siting Board adjudication and decision issuance. The timeline is 15 months for a large CEIF and 12 months for a small CEIF.
• Draft notice templates: An applicant will need to prepare draft notices for public comment hearings and adjudication. The Siting Board may provide templates to assist in drafting.
• Other permits and approvals: This section of the application includes the specific documents needed for the Siting Board, state and local permitting agencies, and other stakeholders to evaluate permit requests.
  • For state permits, applicants must use existing forms from the relevant state agencies.
  • For local permits, the Siting Board will rely on DOER’s forms (once finalized), though not exclusively.
  • If an applicant also seeks zoning exemptions, it may include those requests within the overall submission.
• Project overview presentation: Applicants are strongly encouraged to include a short (around 5-minute) visual project overview as part of their application.
• Proposal and analysis sections: These sections are the core of the application, providing the in-depth information needed for all permits. A few key sections include:
  • Executive summary: A concise narrative of the project, its purpose, construction timing, potential impacts, and outreach plans.
  • Project description: Detailed overview of the facility, major components, construction methods, and a Gantt Chart showing the project’s timing and duration. It must also identify site-specific adverse environmental impacts and proposed avoidance, minimization, or mitigation measures.
  • Project site and surrounding area: Comprehensive descriptions of the land involved, proposed dimensions, maximum heights, clearing limits, ownership, characteristics of the surrounding area, and proposed locations of facilities (e.g., noise-emitting facilities and off-site utility interconnections).
  • Consultation and community engagement: This section requires information on community demographics, pre-filing consultation, and a detailed Community Outreach Plan for construction and operation phases.
  • Environmental impacts: This extensive section covers an array of topics, including land use, terrestrial ecology, rare species, and historical resources, water resources, transportation, air quality, climate mitigation and resiliency, public health, safety, and security, waste management, decommissioning and site restoration, electric and magnetic fields, noise and vibrations, and visual impacts.

Standard Conditions

The guidance also introduces standard conditions that automatically attach to a Siting Board Consolidated Permit. Level 1 conditions establish a minimum uniform standard for all CEIFs, and Level 2 conditions address technology-specific impacts (e.g., offshore wind, Battery Energy Storage Systems (BESS), etc.). These conditions include compliance reporting and construction hours, noise mitigation, traffic management, and recycling plans.

Next Steps

The Siting Board is considering feedback on this draft guidance, as well as the other rules it and DOER are developing to implement the 2024 Climate Act. The rulemaking process is expected to start in the fall 2025 and be complete by March 2026 for implementation starting in July 2026.

This advisory was prepared by Matthew Connolly, Michelle Kenyon and Matthew Snell in Nutter’s Environment and Energy practice group. If you would like additional information, please contact any member of our practice group or your Nutter attorney at 617.439.2000.

This update is for information purposes only and should not be construed as legal advice on any specific facts or circumstances. Under the rules of the Supreme Judicial Court of Massachusetts, this material may be considered as advertising.