The Board, working with the Massachusetts Office of Environmental Justice and Equity, maintains the MES, which differentiates Census Block Groups within the Commonwealth based on their MES Score, and provides other Indicator data relevant to 980 CMR 15.00.

1. (1) Burdened Areas. MES identifies all Census Block Groups within the Commonwealth that are deemed to be Burdened Areas, based on either of the two following criteria:

   1. (a) A MES Score of 75 or greater, indicating that the Census Block Group is at or above the 75th percentile of MES Scores in comparison with other census blocks, on a statewide basis; or
   2. (b) Annual median household income in the Census Block Group is 65% or less of the statewide annual median household income.

2. (2) MES Indicators. MES Scores shall be based on the following categories of Indicators, including but not limited to:

   1. (a) pollution and climate burden (which consists of Indicators for environmental exposures, environmental effects, and climate risks); and
   2. (b) population characteristics (which consist of Indicators for sensitive populations and socioeconomic factors).

3. (3) Indicator Data. The Board shall ensure that MES relies on data that generally have the following characteristics:

   1. (a) Indicator data are publicly available (or otherwise provided in a publicly available manner);
   2. (b) Indicator data are collected for all parts of the Commonwealth at a geographic resolution that allows for meaningful comparison between locations, as appropriate;
   3. (c) Indicator data are specifically identified and quantifiable;
   4. (d) Indicator data are generally accepted statistical measurements for the type of Project Impacts they describe; and
   5. (e) Indicator data are reasonably current, and updated regularly, as practicable.
4. (4) The Board shall work with the Massachusetts Office of Environmental Justice and Equity and MassGIS (Bureau of Geographic Information) to ensure that MES is updated periodically with the most current data, is reliable, and continues to serve the needs of 980 CMR 15.00 implementation, including for Applicants and other stakeholders.
5. (5) Indicator Data Used in CIA. Throughout the Pre-filing process, the Application process, and the adjudication process, the Applicant may rely upon Indicator data that was current as of the beginning of the pre-filing process.

6. (6) Petition for a CIA in a Non-burdened Area. A group of ten or more residents residing in, or businesses with a mailing address in, a Census Block Group that intersects the SGA may petition the Director of the Board requesting that an Applicant be required to conduct a CIA for such Census Block Group that is not a Burdened Area pursuant to 980 CMR 15.04(1), and to include the results of such CIA in its CIA Report filed pursuant to 980 CMR 15.09. At least one member of the ten-member petitioning group shall also be a Key Stakeholder as defined in 980 CMR 16.02: Definitions.

   1. (a) Such request by a ten-member group, as described above in Section 980 CMR 15.04(6), shall initially be presented to a designated representative of the Applicant with a copy to the Division of Public Participation Director and the Director of the Board during the Pre-filing process pursuant to 980 CMR 16.00: Pre-filing Consultation and Engagement Requirements. The request shall include a statement describing the group’s specific interest in the proposed Project, and a description of the extraordinary circumstances which support the request.
   2. (b) If the Applicant declines to perform the CIA for the requested portion of the SGA that is not a Burdened Area and declines to include the results in its CIA Report, the petitioning group may file a petition with the Director of the Board to require such CIA no later than 14 days after the Applicant files its Application.
   3. (c) The petition shall explain the extraordinary circumstances which support the request. Extraordinary circumstances may include, but are not limited to, significant adverse changes in conditions relevant to Indicators for such Non-burdened Area(s) that are not accurately reflected in MES data, significant environmental exposures that are not reflected in MES data, or other anomalies with MES data or functions that would obscure significant Burdens in the specified Census Block Group.
   4. (d) The Director of the Board shall grant such request only if extraordinary circumstances are shown to exist regarding the requested Census Block Group. The Director shall rule on the request concurrently with the Notice of Completeness pursuant to 980 CMR 13.06(2): Completeness Determination. The Director’s decision on whether to grant the request is non-appealable.
   5. (e) If the Director grants the request, the Applicant shall conduct the CIA assessment and file its CIA Report as a supplemental exhibit within 60 calendar days of the Director’s grant of the request. The filing of the supplemental exhibit shall not delay the Presiding Officer’s issuance of a Notice of Completeness pursuant to 980 CMR 13.06: Completeness Determination.
   6. (f) If the Applicant files its CIA Report as a supplemental exhibit within 60 calendar days, the Presiding Officer shall determine whether the CIA Report is consistent with the Board’s requirements at 980 CMR 15.00. An Applicant may request by motion, filed before the end of the 60 calendar day deadline for the CIA, a reasonable extension of time to prepare the CIA Report as a supplemental exhibit. The Presiding Officer may grant such request upon a showing of good cause. If the Applicant fails to file its CIA Report as a supplemental exhibit within 60 calendar days without an extension from the Presiding Officer, then the Applicant may be subject to an unexcused delay pursuant to 980 CMR 13.07(7): Unexcused Delay.