980 C.M.R. 2.03 – Board Membership

(1) Description of the Board. Pursuant to M.G.L. c. 164, § 69H, the Board shall be composed of: the Secretary of Energy and Environmental Affairs or a designee, who shall serve as Chair; the Secretary of Economic Development or a designee; the Commissioner of the Department of Environmental Protection or a designee; the Commissioner of the Department of Energy Resources or a designee; the chair of the Department of Public Utilities or a designee; the Commissioner of Fish and Game or a designee; the Commissioner of Public Health or a designee; and four public members to be appointed by the Governor for a term coterminous with that of the Governor, one of whom shall be a representative of the Massachusetts Association of Regional Planning Agencies, one of whom shall be a representative of the Massachusetts Municipal Association, Inc. with expertise in municipal permitting matters, one of whom shall be experienced in environmental justice issues or indigenous sovereignty, and one of whom shall be experienced in labor issues.
(2) Chair. In accordance with M.G.L. c. 164, § 69H, the Secretary of Energy and Environmental Affairs, or the Secretary’s designee, shall serve as Chair of the Board. In the event of the absence, recusal, or disqualification of the Chair, the Commissioner of the Department of Energy Resources shall appoint an acting chair from the remaining members of the Board.
(3) Designees. A Board member other than a public member may nominate a designee to serve in his or her stead. Nomination shall be made by a letter addressed to the Chair and signed by the nominating official. The nominating letter shall state whether the nomination is general or limited. The nominating official may revoke a nomination at any time by letter to the Chair. Once nominated, a general designee shall assume all responsibilities of the nominating official for matters over which the Board has jurisdiction. The nominating official may temporarily suspend a general nomination by appearing personally at a Board meeting or proceeding and performing the responsibilities of a Board member. A limited designee shall assume only those responsibilities set forth in the nominating letter. The nominating official may retain and perform or may further name another designee to perform all other responsibilities.
(4) Replacement of Public Members. In the event of the resignation of a public member, the Board Chair shall notify the Governor in writing within 15 days and shall request the appointment of a new public member.
(5) Compensation. Any public member appointed by the Governor shall receive compensation for his or her services in the amount allowable by law, and shall be reimbursed by the State for all reasonable expenses actually and necessarily incurred in the performance of his or her official duties.
(6) Effect of Board Actions. No action taken by the Board pursuant to 980 CMR 2.00 shall bind any member of the Board or any designee for the purposes of any responsibilities of such member or designee not solely related to the operation of the Board.
(7) Disclosure. Where an ex officio Board Member’s agency is also a Party to a proceeding, the Board member shall file a disclosure with the Chair of the Board and the service list of the proceeding. Parties to the proceeding may file an objection along with the basis of the objection, to the Board Member’s participation in the decision on the matter within ten business days of the disclosure. The Chair of the Board will make a determination whether participation of the Board Member would likely compromise the integrity of the decision of the Board, or whether the Board Member may participate in the matter.