In 980 CMR 15.00, the Board follows the "Site Suitability Guidance" for CEIF, as issued and updated from time to time by EEA.
- (1) Applicability. The Site Suitability Guidance is applicable to LCEGFs, SCEGFs, LCESFs, SCESFs, and also to LCTDIFs and SCTDIFs, as defined in 980 CMR 1.01, in newly established public rights of way. 980 CMR 15.10 does not apply to Projects exempted under 225 CMR 29.07(1).
- (2) Pre-filing. Applicants shall utilize the Site Suitability Mapping Tool, pursuant to instructions provided in the Site Suitability Guidance, to derive the anticipated Criteria-specific Suitability Scores for a proposed CEIF prior to submitting an Application for a Consolidated Permit or Consolidated State Permit to the Board. Applicants shall share these anticipated Criteria-specific Suitability Scores with stakeholders during the Pre-filing process, per 980 CMR 16.00: Pre-filing Consultation and Engagement Requirements.
- (3) File with Application. An Applicant shall file a Site Suitability Report with its Application for a Consolidated Permit or Consolidated State Permit per 980 CMR 13.00: Consolidated Permits for Clean Energy Infrastructure Facilities, as applicable. Unless a Request for Score Revision by the Board pursuant to 980 CMR 15.10(4) is requested or a Social and Environmental Benefit Criteria Score Modifier is applied pursuant to 980 CMR 15.10(5), the Criteria-specific Suitability Scores in the Site Suitability Report submitted by the Applicant shall be final.
(4) Request for Score Revision by the Director. If the Applicant, a Local Government, or any other Key Stakeholder asserts that one or more Criteria-specific Suitability Scores were calculated based on materially erroneous, incomplete, or otherwise faulty data, they may request a score revision from the Director in a form prescribed by the Director. The Director shall review one or more Criteria-specific Suitability Scores subject to the request.
- (a) Parties seeking a Request for Score Revision must identify the specific deficiencies that resulted in one or more erroneous Criteria-specific Suitability Scores. Failure to specify such deficiencies may result in the Director's denial of the Request for Score Revision.
- (b) The Director shall issue a decision on a Request for Score Revision not more than 30 days after receipt.
- (c) Any revised Criteria-specific Suitability Scores issued by the Director shall be final, subject to the application of one or more Site Suitability Score Modifier.
- (5) Social and Environmental Benefit Criteria Score Modifier. The Applicant's Criteria-specific Suitability Scores may be modified by the Board when the Applicant agrees to provide certain social or environmental benefits as described in the Site Suitability Guidance. Score modification may only occur upon the mutual written agreement between the Applicant and a Local Government.
(6) Consideration by the Board during Adjudication of a Consolidated Permit.
- (a) The Board shall consider the Site Suitability Report in its CIA and route and site scoring analysis. The Board shall consider Criteria-specific Suitability Scores to assess avoidance, minimization, and mitigation of Project Impacts. The Board shall consider the Criteria-specific Suitability Scores in its decision on whether to grant a Consolidated Permit or Consolidated State Permit, as applicable.
- (b) The Board may consider as evidence a Community Benefit Agreement between a host municipality and an Applicant regarding Benefits of a Project.