1. (1) Purpose of the Board. The Board has been established by M.G.L. c. 164, § 69H. The powers and duties of the Board are enumerated in M.G.L. c. 164, § 69H. The Board shall implement the provisions contained in M.G.L. c. 164, §§ 69H through 69Q, inclusive, and §§ 69S through 69W, inclusive, to:

   1. (a) provide a reliable, resilient and clean supply of energy consistent with the commonwealth’s climate change and greenhouse gas reduction policies and requirements;
   2. (b) ensure that CEIFs, Facilities and oil Facilities avoid or minimize or, if impacts cannot be avoided or minimized, mitigate environmental impacts and negative health impacts to the extent practicable;
   3. (c) ensure that CEIFs, Facilities and oil facilities are, to the extent practicable, in compliance with energy, environmental, land use, labor, economic justice, environmental justice and equity, and public health and safety policies of the commonwealth, its subdivisions and its municipalities; and
   4. (d) ensure CEIFs, Facilities and oil facilities are constructed in a manner that avoids or minimizes costs.
2. (2) Primary Functions of the Board. The Board reviews matters pursuant to M.G.L. c. 164, §§ 69G through 69W, §§ 72, 72A, 75C, M.G.L. c. 166, § 28, M.G.L. c. 40A, § 3, and St. 1956,

3. c. 665, § 6. Matters reviewed by the Board include petitions for:

   1. (a) electric transmission lines
   2. (b) electric Generating Facilities
   3. (c) Gas pipelines and storage Facilities
   4. (d) oil refining, storage, and transportation Facilities
   5. (e) hydropower Generation Facilities
   6. (f) CEIFs. The Board also has the authority to issue certificates of environmental impact and public

interest, exemptions from local zoning bylaws, to approve the promulgation, amendment or repeal of the Board’s regulations at 980 CMR; and to issue civil penalties to any applicant, or successor in interest, who violates an order of the Board.

1. (3) Scope of Review. The Board shall review:

   1. (a) the need for, cost of and environmental and public health impacts of transmission lines, natural gas pipelines, Facilities for the manufacture and storage of Gas, oil Facilities, CEIFs; and
   2. (b) the environmental and public health impacts of Generating Facilities, LCEGFs, SCEGFs, LCESFs, and SCESFs. The Board shall also consider the Applicant’s reasonable efforts to engage in discussions

with municipalities hosting such infrastructure and affected stakeholders regarding avoidance, minimization, and mitigation of impacts, including discussions regarding a community benefits plan or community benefits agreement, as defined in 980 CMR 16.00. The Board review shall be conducted consistent with M.G.L. c. 164, § 69J¼ for Generating Facilities, M.G.L. c. 164, § 69T for LCEIFs, M.G.L. c. 164, §§ 69U through 69W, inclusive, for SCEIFs, M.G.L. c. 164, § 69J for all other types of Facilities, M.G.L. c. 40A, § 3 and St. 1956, c. 665, § 6 for zoning exemption petitions, and the substantive standards of applicable permitting statutes, regulations, and guidance of the PEAs.

1. (4) Adjudicatory Proceedings. The Board reviews the following matters which shall be resolved through adjudicatory proceedings in accordance with M.G.L. c. 30A and 980 CMR 1.00: Rules for the Conduct of Adjudicatory Proceedings a hearing on a petition to construct a facility pursuant to M.G.L. c. 164, § 69J or § 69J¼; a hearing on an initial petition pursuant to M.G.L. c. 164, § 69K or § 69K½; a hearing on an application for a certificate pursuant to M.G.L.
2. c. 164, § 69L or § 69L½; a hearing on appeal pursuant to M.G.L. c. 164, § 69H½, a hearing on an Application for a Consolidated Permit pursuant to M.G.L. c. 164, §§ 69T, 69U, and 69V; a De Novo Adjudication pursuant to M.G.L. c. 164, § 69W; an eminent domain proceeding pursuant to M.G.L. c. 164, §§ 69R, 69S, 72, 75C; a grant of location proceeding pursuant to M.G.L. c. 166, § 28; and a zoning exemption proceeding pursuant to M.G.L. c. 40A, § 3 or St. 1956, c. 665, § 6.
3. (5) Mailing List. The Board shall maintain a mailing list, shall place upon the list the name and address of any Person or group so requesting, and shall give to such Persons and groups electronic notice of activities of the Board for which notice may be appropriate. Failure to give notice to any Person or group on the list shall not, in itself, render any act of the Board invalid. The Board may from time to time remove from the list Persons or groups no longer expressing interest in receiving notices.
4. (6) MEPA exemption. M.G.L. c. 30, §§ 62A through 62L, inclusive, shall not apply to actions of the Board. Neither the Board nor any other Person shall, in taking any action pursuant to M.G.L. c. 164, §§ 69J through 69J¼, inclusive, or M.G.L. c. 164, §§ 69T through 69W, inclusive, be subject to M.G.L. c. 30, §§ 61 through 62L, inclusive. This exemption shall apply to any state agency issuing, in relation to an application or petition under said M.G.L. c. 164, §§ 69T through 69V inclusive, a federal permit that is delegated to that agency and determined by the Board to be excluded from the definition of Consolidated Permit. Though the Board and the Applicant are not required to comply with M.G.L. c. 30, §§ 62A through 62L, inclusive, an Applicant is required to consult with the MEPA Office during the pre-filing stage of a proceeding in accordance with 980 CMR 16.00: Pre-filing Consultation and Engagement Requirements.