225 C.M.R. 29.04 – Applicability

(1) 225 CMR 29.00 applies to the local siting and permitting of Small Clean Energy Infrastructure Facilities by Local Governments upon the election of an Applicant to submit a Consolidated Local Permit Application. Nothing in 225 CMR 29.00 shall be construed to disallow an Applicant from seeking local approvals on an individual basis outside of the 225 CMR 29.00 consolidated permitting process, or, in the case of a Small Clean Transmission and Distribution Infrastructure Facility, file an application with the Board pursuant to M.G.L.
c. 164 § 69U.
(2) The standards and requirements in 225 CMR 29.00, including the availability of De Novo Adjudication of a Local Government’s decision on a Small Clean Energy Infrastructure Facility before the Board, shall not apply to an Applicant who does not elect to submit a Consolidated Local Permit Application.
(3) Adding Facility Type to the Definition of Small Clean Energy Generation Facility. Following a rulemaking by the Department in consultation with the Board, the Department may add additional facility types to the definition of a Small Clean Energy Generation Facility, provided that the type of generation facility added produces no greenhouse gas emissions or other pollutant emissions known to have negative health impacts