Issuance of a Constructive Approval
Effective Jun 5, 2026MGL c. 164, §§ 69T(i), 69U(c), 69V(c)Energy Facilities Siting Board
- (1) If the Board has not issued a Consolidated Permit or Consolidated State Permit pursuant to 980 CMR 13.10: EFSB Consolidated Permit Decisions, within the applicable statutory timeframe under 980 CMR 13.02(4)(a): Review Timeframe, the draft Constructive Approval, as developed and modified pursuant to 980 CMR 17.02, shall be deemed issued on the applicable deadline date as a final Constructive Approval.
- (2) The Presiding Officer shall distribute the final Constructive Approval to all persons entitled to notice within five business days of the applicable review timeframe under 980 CMR 13.02(4)(a): Review Timeframe.
- (3) The evidentiary record shall close upon the distribution of the final Constructive Approval.