225 C.M.R. 29.02
Abutter. An owner of land that shares a common boundary or corner with the parcel of land on which a Small Clean Energy Infrastructure Facility is sited or proposed to be sited, including land located directly across a street, road or way. A street, road or way is not an Abutter. Any owner of land whose property line is within 300 feet of a Small Clean Energy Infrastructure Facility’s Site Footprint shall be considered an Abutter.
Accessory-use. A use or structure subordinate to a permitted or conditional use or structure and customarily incidental to the permitted or conditional use of the structure
Anaerobic Digestion Facility. A facility that:
Applicant. A Person or group of Persons who submits a Consolidated Local Permit Application for a Small Clean Energy Infrastructure Facility to a Local Government under 225 CMR 29.00.
Avoidance. Measures taken intended to prevent negative impacts on values like biodiversity, carbon storage, and recreation.
Behind-the-meter Small Clean Energy Infrastructure Facility. A Small Clean Energy Generation Facility or Small Clean Energy Storage Facility that serves On-site Load other than parasitic or station load utilized to operate the Small Clean Energy Generation Facility or Small Clean Energy Storage Facility.
Board. The Energy Facilities Siting Board established by M.G.L. c. 164, § 69H.
Chief Administrative Officer. When used in connection with the operation of municipal governments, shall include the mayor of a city and the board of selectmen in a town unless some other local office is designated to be the chief administrative officer under the provisions of a local charter.
Community Benefits Agreement. A legally binding, negotiated agreement between a project applicant and a community, often represented by a coalition of community groups or a local government body, which outlines benefits the communities will receive and is prepared in accordance with the standards and guidelines developed by the Office of Environmental Justice and Equity, pursuant to M.G.L. c. 21A, § 29.
Community Benefits Plan. A non-legally binding document that outlines how a project will engage with and benefit local communities during development and operation of a Small Clean Energy Infrastructure Facility and is developed in accordance with the standards and guidance developed by the Office of Environmental Justice and Equity, pursuant to M.G.L. c. 21A, § 29.
Consolidated Local Permit. A permit issued by a Local Government for a Small Clean Energy Infrastructure Facility that includes all necessary local permits, approvals, or authorizations to construct and operate a Small Clean Energy Infrastructure Facility that the Applicant would otherwise need to obtain individually from the Local Government, with the exception of ministerial permits, including, but not limited to, a street opening permit or electrical permit.
Consolidated Local Permit Application. A single comprehensive application used by Applicants to apply for a Consolidated Local Permit for a Small Clean Energy Infrastructure Facility.
Conservation Commission. A body comprised of members lawfully appointed pursuant to M.G.L. c. 40, § 8C. For the purposes of M.G.L. c. 131, § 40 and 310 CMR 10.00: Wetlands Protection Act, it shall also mean a mayor or board of selectmen, where no conservation commission has been established under M.G.L. c. 40, § 8C.
Constructive Approval. The granting of a Consolidated Local Permit based on the non-issuance of a decision on a Consolidated Local Permit Application by a Local Government within 12 months of receipt of a complete Consolidated Local Permit Application.
Criteria-specific Suitability Scores. The scores for each criterion examined in the Site Suitability Guidance, as assessed following the methods outlined in the Site Suitability Guidance, which represent the suitability of a site for a given Small Clean Energy Infrastructure Facility.
Department. The Massachusetts Department of Energy Resources, established by M.G.L. c. 25A.
De Novo Adjudication. An adjudicatory proceeding where the director of the Board will consider a Consolidated Local Permit Application based on evidence submitted in the proceeding that shall include but is not limited to the information submitted to the Local Government as part of the application for a proposed Small Clean Energy Infrastructure Facility.
Emergency Response Plan. A plan created by the Applicant in consultation with the Local Government's fire, police, and emergency management departments outlining the guidelines and procedures to be taken in response to emergencies.
Guideline. A set of clarifications, interpretations, and procedures, including forms, developed by the Department to assist in compliance with the requirements of 225 CMR 29.00. The Department may issue a new or revised Guideline after providing notice and a minimum of a 21-day public comment period on a draft version. Each Guideline shall be effective on its date of issuance or on such date as is specified therein, except as otherwise provided in 225 CMR 29.00.
Host Municipality. The Municipality or Municipalities in which a Site Footprint is located.
Individual Application Components. The materials, disclosures, descriptions, and all other documents an Applicant is required to submit under 225 CMR 29.09(2).
Investment Tax Credits (ITC). A federal tax credit offered pursuant to § 48 of the Internal Revenue Code.
Local Government. A municipality or regional agency, including, but not limited to, the Cape Cod Commission, established by St. 1989, c. 716, and the Martha's Vineyard Commission, established by St. 1977, c. 831, that has permitting authority over Small Clean Energy Infrastructure Facilities.
Local Government Representative. For the purposes of 225 CMR 29.00, the Chief Administrative Officer of the Local Government, or their designee(s); or one or more officials designated in the Local Government’s Small Clean Energy Infrastructure Facility Permitting bylaw or ordinance.
Local Stakeholders. Abutters, community-based organizations, public interest groups, local burdened areas, and federally recognized, state-acknowledged, or state-recognized tribes identified in a stakeholder reference form provided by the Department, elected or appointed municipal officials (e.g., mayor or town/city manager, relevant Council/Select Board members, Chair(s) of the Conservation Commission, Planning Board, Zoning Board, Board of Health, Fire Chief, and Head of the Department of Public Works), and regional planning officials.
MassDEP. The Massachusetts Department of Environmental Protection established by M.G.L. c. 23J, § 2.
Minimization. Measures taken to reduce the duration, intensity, and extent of impacts, including direct, indirect, and cumulative impacts, that cannot be completely avoided, to the extent practicable.
Mitigation. Measures taken which include, but are not limited to, the repair, rehabilitation, or restoration of an area affected by an adverse impact of siting.
Municipality. A political subdivision that operates under state law, typically classified as either a city or a town.
On-site Load. Any new or existing electric load located at the site of a Small Clean Energy Infrastructure Facility, including any parasitic load that may result from the installation of the Small Clean Energy Infrastructure Facility, and that is wired to receive a portion of the electrical energy output from the Small Clean Energy Infrastructure Facility before the balance of such output passes through the Small Clean Energy Infrastructure Facility's metered interconnection onto the electric grid.
Person. A natural person, partnership, corporation, association, society, authority, agency, department, or division of the Commonwealth, or any body politic or political subdivision of the Commonwealth including municipal corporations.
Pre-filing Engagement Completion Checklist. The updated self-certification document reflecting the completed pre-filing consultation and engagement requirements identified in 225 CMR 29.08.
Public Right of Way. Any way laid out by public authority that permits public access or that is established on public property and which may or may not already house utility infrastructure.
Significant Change. A material alteration of the Applicant’s Consolidated Local Permit Application that has arisen after the Local Government Representative deemed the Consolidated Local Permit Application complete
Site Footprint. The area of land and water encompassed by Small Clean Energy Infrastructure Facility's equipment, plus any land significantly impacted by construction of the Small Clean Energy Infrastructure Facility, including, but not limited to, land altered of its natural vegetative composition and structure for clearing, grading, and roadways.
Site Suitability Guidance. Guidance and criteria for the assessment of the suitability of the proposed siting of a Small Clean Energy Infrastructure Facility, as established by the Executive Office of Energy and Environmental Affairs, pursuant to M.G.L. c. 21A, § 30.
Site Suitability Mapping Tool. A web-based mapping tool established and maintained by the Executive Office of Energy and Environmental Affairs, which contains geographic information system data layers used to determine Criteria-specific Suitability Scores. The mapping tool shall have the capability to automatically calculate a Small Clean Energy Infrastructure Facility’s Criteria-specific Site Suitability Scores by delineating the Small Clean Energy Infrastructure Facility Site Footprint in the mapping tool.
Site Suitability Report. A written report documenting the Applicant’s Criteria-specific Site Suitability Scores, any Site Suitability Score Modifiers the Applicant is seeking to apply, and any other required supporting documentation, in a form and manner established by the Department in consultation with the Executive Office of Energy and Environmental Affairs.
Site Suitability Score Modifier. Positive or negative adjustments to a Small Clean Energy Infrastructure Facility's Criteria-specific Suitability Scores that are reflective of development potential or social and environmental benefits, as prescribed in the Site Suitability Guidance.
Small Clean Energy Generation Facility. Energy generation infrastructure with a nameplate capacity of less than 25 megawatts that is an Anaerobic Digestion Facility, Solar Facility or Wind Facility, including any ancillary structure that is an integral part of the operation of the Small Clean Energy Generation Facility.
Small Clean Energy Infrastructure Facility. A Small Clean Energy Generation Facility, Small Clean Energy Storage Facility or Small Clean Transmission and Distribution Infrastructure Facility.
Small Clean Energy Storage Facility. An energy storage system as defined in M.G.L. c. 164, § 1 with a rated capacity of less than 100 megawatt hours, including any ancillary structure that is an integral part of the operation of the Small Clean Energy Storage Facility.
Small Clean Transmission and Distribution Infrastructure Facility. Electric transmission and distribution infrastructure and related ancillary infrastructure, including:
(e) electric distribution-level projects that meet a certain threshold, as determined by the Department; provided, however, that the Small Clean Transmission and Distribution Infrastructure Facility shall be:
Solar Canopy. Solar Canopy shall have the same meaning as the definition of Canopy STGU in 225 CMR 28.02: Definitions.
Solar Facility. A ground mounted facility that uses sunlight to generate electricity. The nameplate capacity for a Solar Facility shall be calculated in direct current, unless otherwise specified.
Standalone Small Clean Energy Infrastructure Facility. A Small Clean Energy Generation Facility or Small Clean Energy Storage Facility that serves no associated On-site Load other than parasitic or station load utilized to operate a Small Clean Energy Generation Facility or a Small Clean Energy Storage Facility.
Town Clerk. An officer of the Municipality as defined under M.G.L. c. 41, § 15.
Wind Facility. An onshore or offshore facility that uses wind to generate electricity.