1. (1) The Board shall assess the adequacy of the CIA Report and Site Suitability Report, including whether the Applicant, if required to, presented a comprehensive analysis of whether its Project Impacts will result in a Disproportionate Adverse Effect, and make findings based on that review. Findings shall include the extent to which the CIA Report and Site Suitability Report, as applicable, inform the evidentiary record upon which the Board may approve or deny an EFSB Consolidated Permit Application or Facility Petition to Construct.

2. (2) Pursuant to M.G.L. c. 164, § 69H, the Board shall, in issuing a final decision, make findings as to whether the Applicant has given due consideration to the Cumulative Impact of the Project, and whether the Applicant has adequately undertaken actions to avoid, minimize, or mitigate any Disproportionate Adverse Effects from the Project. In making such determinations, the Board may consider, but is not limited to:

   1. (a) The population characteristics such as sensitive populations and socioeconomic factors of the population living within Burdened Areas intersecting the Project's SGA;
   2. (b) Pollutant exposures and environmental effects, and climate risks;
   3. (c) The extent, nature, magnitude, duration, and geographic reach of any Elevated Indicators on any of those populations;
   4. (d) Project Impacts related to the Elevated Indictors identified, including Benefits and Burdens;
   5. (e) The extent and efficacy of the obligations the Applicant has undertaken to remediate Project Impacts;
   6. (f) Any remaining Disproportionate Adverse Effects from the Project on the Burdened Areas within the SGA, in light of the Applicant's plans to avoid, minimize, or mitigate the negative Project Impacts;
   7. (g) Conditions obligating the Applicant to further address any remaining Disproportionate Adverse Effects from the proposed Project;
   8. (h) The Applicant's use of a Community Benefit Plan or Community Benefit Agreement to identify community needs and provide Benefits for a host community, in accordance with guidance from the Massachusetts Office of Environmental Justice and Equity, “Standards and Guidelines for Community Benefits Plans and Community Benefits Agreements.”

3. (3) The Board shall consider whether an Applicant has made reasonable efforts to consider and develop a Community Benefit Plan or Community Benefit Agreement. See 980 CMR 2.02(3): General Information and Conduct of Board Business.

   1. (a) If an Applicant has developed a Community Benefit Plan or signed a Community Benefit Agreement, the Board shall give it due weight in the final decision;

   2. (b) If an Applicant has not developed a Community Benefit Plan or signed a Community Benefit Agreement for a Project in a Burdened Area, then the Board shall consider imposing additional Project conditions to address Disproportionate Adverse Effects in Burdened Areas intersecting the Project's SGA.

      1. 1. Mitigation is a mechanism to address Project Impacts related to construction or operational Impacts of the Project;
      2. 2. A Community Benefit Agreement is aimed at creating tangible, equitable benefits that address a community's specific and local needs and priorities separate from required mitigation. See "Standards and Guidelines for Community Benefits Plans and Community Benefits" issued by the Massachusetts Office of Environmental Justice and Equity pursuant to M.G.L. c. 21A, § 29.
   3. (c) The Board may add enforceable conditions to a final decision that it deems necessary to avoid, minimize, or mitigate Project Impacts to a Burdened Area. Conditions may include enforceable Remedial Actions designed to address Project Impacts.

REGULATORY AUTHORITY

980 CMR 15.00: M.G.L. c. 164, §§ 69G, 69H, 69J, 69J¼, 69T, 69U, and 69V.