Healey-Driscoll Administration Finalizes Streamlined Energy Siting and Permitting Process with Nation-Leading Community Engagement Requirements

Healey-Driscoll Administration Finalizes Streamlined Energy Siting and Permitting Process with Nation-Leading Community Engagement Requirements 

 

New process will reduce permitting timelines to about one year while strengthening environmental review and local input 

 

BOSTON – The Healey-Driscoll Administration today announced final reforms for Massachusetts’ energy siting and permitting process, creating a faster, more predictable pathway to build new energy infrastructure while strengthening transparency and engagement with host communities.  

 

The reforms are based on the recommendations from Governor Maura Healey’s Commission on Energy Infrastructure Siting and Permitting and were later enacted into law. By accelerating the development of locally produced clean energy and grid infrastructure, the new process will help lower energy costs, improve reliability, and reduce harmful emissions. 

 

“We are working every day to bring more energy into Massachusetts to lower costs,” said Governor Maura Healey. “Today’s reforms will cut red tape that has held back important new energy supply for decades. Massachusetts has an all-of-the-above approach to energy. More locally produced solar, wind and storage will lower electricity bills and ensure our grid is reliable for decades to come, all while creating good-paying jobs.” 

 

“The new siting and permitting process proves we can do both – cut red tape while making the permitting process more receptive to the concerns of municipalities and stakeholders,” said Lieutenant Governor Kim Driscoll. “Municipalities will receive better vetted, site-appropriate projects, state support to intervene in the siting process for large industrial-scale projects, appropriate mitigation measures to offset impacts, and new model bylaws to guide the local siting and permitting process.” 

 

Final regulations have been filed over recent months, providing an on-ramp for municipalities to adjust their processes. The Energy Facilities Siting Board (EFSB) will switch to the new process on July 1. Municipalities may start offering the new consolidated permitting avenue as early as July 1 if they are ready to do so, and must start offering it by October 1. 

 

“The new siting and permitting process is a historic win for environmental justice in Massachusetts and a major step toward more equitable siting practices that communities have been fighting for years,” said Energy and Environmental Affairs Secretary Rebecca Tepper. “I want to thank the Legislature and the many, many stakeholders and municipalities who helped find this compromise and refine this process. These new practices deliver on the Governor’s promises to establish an intervenor fund and cumulative impacts analysis, while cutting the red tape that prevents us from building the energy we need to lower costs and harmful emissions.” 

 

Streamlined Permitting Process 

Under the previous process, energy projects would have to secure numerous state and local permits on separate timelines, all subject to potentially lengthy individual appeals. Needed energy infrastructure – substations, solar projects, battery storage, transmission, and distribution infrastructure – could take years, if not a decade, to build, leading to higher costs for ratepayers. 

 

The reforms create expedited permitting pathways that will significantly reduce the time required to permit clean energy infrastructure projects. Projects are split up by size, with the EFSB responsible for all state and local permitting for large-scale projects, and municipalities retaining control over local permitting for small projects. In either instance, the permitting authority will issue a single consolidated permit in about one year. Appeals of EFSB decisions go directly to the Massachusetts Supreme Judicial Court. 

 

Over 97 percent of projects permitted in the past 2 years qualify as small infrastructure projects, meaning cities and towns will continue to have oversight over the vast majority of clean energy projects.  

 

Strong Community Engagement & Environmental Justice Requirements 

Prior to filing for state permits, project applicants will be required to meaningfully engage with stakeholders in the host communities. Most small projects need to host at least one public meeting and engage with local officials. Large projects must host two public meetings, translate materials, summarize comments and responses, and discuss community benefits agreements and plans with stakeholders. Municipalities will be granted automatic intervenor status in EFSB proceedings. A fund to support municipalities, organizations, and individuals who lack the resources will help with qualified legal representation and expert analysis. 

 

For the first time ever, Massachusetts will have Cumulative Impact Analysis requirements for large energy infrastructure – the most robust rules in the country for clean energy. The reforms include a new requirement that large projects proposed in areas with existing health, environmental, and climate burdens be subject to a Cumulative Impact Analysis, guiding developers towards low-impact sites and supports communities should they negotiate a community benefits agreement. This tool will be available by July 1. 

 

Science-Backed Environmental Assessment 

All large projects and most small projects are now required to conduct a Site Suitability Assessment using a new interactive mapping and scoring tool. This score provides applicants, local officials, and the public with a standardized, transparent guide to any environmental impacts based on reputable, publicly available data vetted by environmental experts. This incentivizes developers to make use of land parcels that are already developed or will have lower impacts. Project sites will be scored based on five criteria: agricultural resources, biodiversity, carbon storage and sequestration, climate resilience, and social and environmental burdens. Projects proposed on protected open space will automatically be scored as having a high impact. Projects on landfills, brownfields, parking lots, and other previously developed lots will be scored as having very low impacts. Based on the criteria scores, applicants must then develop a series of measures designed to minimize or mitigate the impacts. This tool will be available by July 1. 

 

Next Steps for Municipalities 

The reforms feature a turnkey permitting process that allows municipalities to start offering the new consolidated permitting pathway as early as July 1. Cities and towns subsequently can use new model bylaws being finalized by the Department of Energy Resources (DOER) to update their own zoning bylaws ensuring their local rules and processes are aligned with state law and new regulations. The final regulations for small clean energy infrastructure facility siting and permitting, draft guidelines that provide clarity on how to implement the regulations, and draft model bylaws for solar and battery energy storage systems can be found on DOER’s website. DOER has regional coordinators to support cities and towns navigating the changes to the permitting process. DOER will also roll out technical assistance programs this spring to help cities and towns and other stakeholders with the new processes. 

 

Administration Statements 

 

DPU Chair Jeremy McDiarmid: 

“Smart siting and permitting reform is about getting good projects built with meaningful stakeholder engagement: our new optimized permitting process accelerates the ability to bring clean energy projects into Massachusetts that will lower costs for consumers, all while ensuring communities have a strong voice in shaping their future. Our streamlined process is a clearer and more transparent pathway to build the modern energy system in ways that will minimize energy costs for ratepayers.” 

 

Energy Resources Commissioner Elizabeth Mahony: 

“Massachusetts’ new streamlined energy siting and permitting processes will allow us to add the homegrown energy we need to lower costs and meet rising demand in way that works for communities, developers and the environment. DOER is grateful for the feedback we received from cities, towns and stakeholders that helped guide the development of the new consolidated process for small projects, and we look forward to supporting communities as they move forward.” 

 

Environmental Protection Commissioner Bonnie Heiple: 

“We know we need more clean energy in the mix in Massachusetts. These reforms streamline the process for clean energy projects, while ensuring they’re well-sited, environmentally protective, and will benefit both their communities and the entire state.” 

 

Undersecretary of Energy Michael Judge: 

“I was proud to chair the Commission on Energy Infrastructure Siting and Permitting. We met over a dozen times to hash out a way to achieve our common goals: getting more clean energy built and bring communities into the process. The result was a balanced approach that speeds up the permitting process and makes siting fairer. We look forward to working with municipalities over the next few months to implement this new process.” 

 

Undersecretary of Environmental Justice & Equity María Belén Power: 

“When I joined the Healey-Driscoll Administration, I had spent the past several years fighting for my communities of Chelsea and East Boston, which have been burdened by high costs, pollution, and projects that didn’t engage our residents. I am proud today to have been a part of the redesign of our siting processes in Massachusetts. Now, communities will have a seat at the table in negotiating what comes into their neighborhoods, with more of the benefits going directly to the residents. Energy infrastructure is vital – we need it to lower costs and power our lives. Now we can be confident there is an equitable process in place as we build the infrastructure we all rely on.” 

 

Statements of Support  

 

Jessica Robertson, Director of Policy and Business Development for New England, New Leaf Energy and Member of the Commission: 

“Permitting has been one of the major barriers to solar and storage deployment in Massachusetts. With these landmark reforms, we look forward to far more certainty on timing and predictability on outcomes, which will allow more of the projects we initiate to actually get built, and to provide clean energy more affordably to ratepayers. We are grateful to the team at EEA and EFSB for the monumental effort that they have brought to this regulatory initiative, and to partners in the legislature and our fellow stakeholders for their constructive collaboration as we seek to accelerate deployment of clean energy.” 

 

Catherine Finneran, Vice President of Transmission Strategic Development, Siting & Project Engagement, Eversource and Member of the Commission: 

“This milestone marks remarkable progress for Massachusetts and reflects years of steady, collaborative work. I’m especially grateful to my fellow members of the Commission on Energy Infrastructure Siting and Permitting, whose dedication and thoughtful engagement early on in this process helped shape meaningful recommendations. Secretary Tepper and her agencies rolled up their sleeves and brought a diverse group of stakeholders to the table, truly listening to their feedback. The input shared all throughout this process strengthened these final regulations — streamlining permitting, enhancing public participation and reinforcing environmental protections. Most importantly, this is a win for Massachusetts residents, who will benefit from a more transparent, efficient and responsible approach to advancing the energy infrastructure our shared energy future depends on.” 

 

Tristan Thomas, Director of Policy, Alternatives for Community and Environment: 

"The release of the guidance and regulations on energy siting is the result of years of environmental justice advocacy. Massachusetts is leading the way by embedding into law and regulation new key protections for our most vulnerable residents as well as additional pathways and resources to make our voices heard on important projects in our neighborhoods. Environmental justice communities and Tribal leadership will have a permanent seat on the Energy Facilities Siting Board; there will be pre-filing requirements on community engagement; funding support will be available for communities to intervene in regulatory proceedings; and there will be new requirements for cumulative impact analysis, guidance on community benefit plans and agreements. We look forward to continuing to work with the Administration, our allies, and other stakeholders to ensure that wins for environmental justice are fully implemented." 

 

Caitlin Peale Sloan, Vice President for Climate & Energy, Conservation Law Foundation and Member of the Commission: 

“I appreciate the administration and agency staff for their thoughtful work and responsiveness throughout this effort. Looking ahead, this new permitting process presents a critical opportunity to show that we can both accelerate the buildout of clean energy and uphold the rights of local communities."  

 

Steve Long, Director of Policy and Partnerships for The Nature Conservancy in Massachusetts and Member of the Commission:  

“At a time of great urgency to bring more affordable and local clean energy to Massachusetts, the new framework rightly expedites land-based renewable energy siting and permitting, provides improved environmental standards, and enhances community engagement. We are committed to a smooth implementation of the process that ensures clean energy projects avoid, minimize, and undertake conservation actions so we have better outcomes for people and nature across the state.” 

 

John G. Tzimorangas, President and Chief Executive Officer of Energy New England and a Member of the Commission: 

"Public Power appreciates the Siting and Permitting Commission tackling the difficult reforms around the siting and permitting of clean energy sources. Public Power has been on the forefront of bringing non-emitting energy sources to their communities, but additional resources will be needed by the Commonwealth if we all want to get to the goals we have set for ourselves and lower energy bills.” 

 

Valessa Souter-Kline, Managing Director, Advanced Energy United: 

"Clear, predictable rules help communities, developers, and regulators alike move projects forward. At a time when electricity demand is rising and families are feeling pressure from higher energy bills, modernizing our siting and permitting framework is essential. We appreciate the thoughtful work that went into developing these regulations to help bring reliable, lower-cost clean energy online more efficiently while strengthening grid reliability and delivering long-term savings for ratepayers. We look forward to working together on implementation to ensure these goals are realized." 

 

Lizzi Weyant, Executive Director, Metropolitan Area Planning Council: 

“We commend the Commonwealth on achieving a major milestone in this important effort to implement comprehensive regulatory reforms for clean energy infrastructure siting and permitting. We look forward to continuing to collaborate with the Department of Energy Resources to support our communities as they implement these new regulations.” 

 

Nathan Raike, Manager of State and Local Affairs, RENEW Northeast: 

"Getting to final regulations on siting and permitting took real commitment from all sides. The EFSB, DPU, EEA, and DOER created meaningful opportunities for stakeholder input throughout the process, and it shows in the result. What matters most is that these regulations create a permitting process designed to serve Massachusetts' grid, communities, and climate goals.” 

 

Sean Burke, Vice President of Policy & Government Affairs, BlueWave Energy: 

“BlueWave applauds EEA, the EFSB, and DOER for the significant time, effort, and stakeholder process that has gone into implementing these reforms. By reducing one of the major barriers to deployment, while ensuring robust stakeholder engagement, the Administration and the Legislature have taken tangible action to deliver more clean energy more affordably.”