Mass. Gen. Laws ch. 164, sec. 69G — MA Code / Part I / Title XXII / Chapter 164 / Section 69G
Definitions applicable to Secs. 69H to 69W
Status: in_force

Section 69G. As used in section 69H to 69W, inclusive, the following words and terms shall have the following meanings:— ''Anaerobic digestion facility'', a facility that: (i) generates electricity from a biogas produced by the accelerated biodegradation of organic materials under controlled anaerobic conditions; and (ii) has been determined by the department of energy resources, in coordination with the department of environmental protection, to qualify under the department of energy resources regulations as a Class I renewable energy generating source under section 11F of chapter 25A. ''Applicant'', a person or group of persons who submits to the department or board a long-range plan, a petition to construct a facility, a petition for a consolidated permit for a large clean energy infrastructure facility or small clean energy infrastructure facility, a petition for a certificate of environmental impact and public need, a notice of intent to construct an oil facility or any application, petition or matter referred by the chair of the department to the board pursuant to section 69H. ''Board'', the energy facilities siting board established under the provisions of section sixty-nine H. ''Certificate'', a certificate of environmental impact and public interest, as provided for in sections 69K and 69K1/2. ''Consolidated permit'', a permit issued by the board to a large clean energy infrastructure facility or a small clean energy infrastructure facility that includes all municipal, regional and state permits that the large or small clean energy infrastructure facility would otherwise need to obtain individually, with the exception of certain federal permits that are delegated to specific state agencies as determined by the board. ''Construction'', any placement, assembly, or installation of facilities or equipment, which in the case of an oil facility must be valued in excess of five million dollars, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises. ''Cumulative impact analysis'', a written report produced by the applicant assessing impacts and burdens, including but not limited to any existing environmental burden and public health consequences impacting a specific geographical area in which a facility, large clean energy infrastructure facility or small clean energy infrastructure facility is proposed from any prior or current private, industrial, commercial, state or municipal operation or project ; provided, that if the analysis indicates that such a geographical area is subject to an existing unfair or inequitable environmental burden or related health consequence, the analysis shall identify any: (i) environmental and public health impact from the proposed project that would likely result in a disproportionate adverse effect on such geographical area; (ii) potential impact or consequence from the proposed project that would increase or reduce the effects of climate change on such geographical area; and (iii) proposed potential remedial actions to address any disproportionate adverse impacts to the environment, public health and climate resilience of such geographical area that may be attributable to the proposed project. Said cumulative impact analysis shall be developed in accordance with guidance established by the office of environmental justice and equity established pursuant to section 29 of chapter 21A and regulations promulgated by the board. ''Department'', the department of public utilities. ''Director'', the director of the facilities siting division appointed pursuant to section 12N of chapter 25, who shall serve as the director of the board; provided, however, that the director may issue decisions on de novo adjudications of local permit applications pursuant to section 69W of chapter 164. ''Electric company'', (1) an electric company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons; (3) a foreign corporation empowered under the laws of its state of incorporation to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons and qualified to do business in the commonwealth; and (4) a municipal corporation empowered to operate a municipal lighting plant under the provisions of section thirty-five or section thirty-six. ''Facility'', (1) a generating facility; (2) a new electric transmission line having a design rating of 69 kilovolts or more and which is one mile or more in length on a new transmission corridor; (3) a new electric transmission line having a design rating of 115 kilovolts or more which is 10 miles or more in length on an existing transmission corridor except reconductoring or rebuilding of transmission lines at the same voltage; (4) an ancillary structure which is an integral part of the operation of any transmission line which is a facility; (5) a unit, including associated buildings and structures, designed for or capable of the manufacture or storage of gas, except such units below a minimum threshold size as established by regulation; and (6) a new pipeline for the transmission of gas having a normal operating pressure in excess of 100 pounds per square inch gauge which is greater than one mile in length except restructuring, rebuilding, or relaying of existing transmission lines of the same capacity; provided, however, that ''facility'' shall not include a large clean energy infrastructure facility or small clean energy infrastructure facility. ''Gas'', a term which shall include natural gas, propane air, synthetic natural gas, liquified natural gas, renewable natural gas and hydrogen. ''Gas company'', (1) a gas company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to manufacture or store gas for resale or distribution to a gas company as defined in section one; (3) a foreign corporation empowered under the laws of its state of incorporation to manufacture or store gas for resale or distribution to a gas company as defined in section one, and qualified to do business in the commonwealth; (4) a natural gas pipeline company as defined in section seventy-five B; and (5) a municipal corporation empowered to operate a municipal gas plant under the provisions of section thirty-five or section thirty-six. ''Generating facility'', any generating unit designed for or capable of operating at a gross capacity of 25 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities. ''Large clean energy generation facility'', energy generation infrastructure with a nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar facility or wind facility, including any ancillary structure that is an integral part of the operation of the large clean energy generation facility, or, following a rulemaking by the board in consultation with the department of energy resources that includes the facility within the regulatory definition of a large clean energy generation facility, any other type of generation facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for solar facilities shall be calculated in direct current. ''Large clean energy infrastructure facility'', a large clean energy generation facility, large clean energy storage facility or large clean transmission and distribution infrastructure facility. ''Large clean energy storage facility'', an energy storage system as defined under section 1 with a rated capacity of not less than 100 megawatt hours, including any ancillary structure that is an integral part of the operation of the large clean energy storage facility. ''Large clean transmission and distribution infrastructure facility'', electric transmission and distribution infrastructure and related ancillary infrastructure that is: (i) a new electric transmission line having a design rating of not less than 69 kilovolts and that is not less than 1 mile in length on a new transmission corridor, including any ancillary structure that is an integral part of the operation of the transmission line; (ii) a new electric transmission line having a design rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing transmission corridor except reconductored or rebuilt transmission lines at the same voltage, including any ancillary structure that is an integral part of the operation of the transmission line; (iii) any other new electric transmission infrastructure requiring zoning exemptions, including standalone transmission substations and upgrades and any ancillary structure that is an integral part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore wind to the grid; provided, however, that the large clean transmission and distribution facility is: (A) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B) approved by the regional transmission operator in relation to interconnecting clean energy infrastructure; (C) proposed to ensure electric grid reliability and stability; or (D) will help facilitate the electrification of the building and transportation sectors; provided further, that a ''large clean transmission and distribution infrastructure facility'' shall not include new transmission and distribution infrastructure that solely interconnects new and existing energy generation powered by fossil fuels on or after January 1, 2026. ''Liquefied natural gas'', a natural gas that has been changed into a liquid by cooling the temperature at atmospheric pressure to approximately—260°F. ''Local Government'', any political subdivision of the commonwealth, including any county, city, town, district agency or regional agency. ''Long-range forecast'', a plan filed with the department under the provisions of section sixty-nine I. ''National pollutant discharge elimination system permit'', a permit issued in conformance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq. ''Natural gas'', a type of gas which originates in the ground and is predominantly methane. ''Notice of intention'', a notice of intention to construct an oil facility which shall be filed with the council under the provisions of sections sixty-nine I and sixty-nine J. ''Oil company'', (1) any person, authority or corporation organized under the laws of the commonwealth empowered or intending to construct or operate an oil facility; (2) a foreign corporation or person empowered under the laws of its state of incorporation to, or intending to construct or operate an oil facility, and qualified to do business in the commonwealth. ''Oil facility'', any new unit, including associated buildings and structures, designed for, or capable of, the refining, storage of more than five hundred thousand barrels or transshipment of oil or refined oil products and any new pipeline for the transportation of oil or refined oil products which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity; provided, however, that this oil facility shall not include any facility covered by a long-range forecast or supplement thereto under section sixty-nine I. ''Propane air'', a type of gas produced by those facilities which add commercial grade propane to air for mixture with natural gas. ''Significant portion of their income'', 10 per cent of gross personal income for a calendar year; provided, however, that it shall mean 50 per cent of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, pension or similar arrangement. Income includes retirement benefits, consultants' fees and stock dividends. Income shall not be received directly or indirectly from permit holders or applicants for a permit where it is derived from mutual fund payments or from other diversified investments over which the recipient does not know the identity of the primary sources of income. ''Small clean energy generation facility'', as defined in section 21 of chapter 25A. ''Small clean energy infrastructure facility'', as defined in section 21 of chapter 25A. ''Small clean energy storage facility'', as defined in section 21 of chapter 25A. ''Small clean transmission and distribution infrastructure facility'', as defined in section 21 of chapter 25A. ''Solar facility'', a ground mounted facility that uses sunlight to generate electricity. ''Synthetic natural gas'', a type of gas which is made by a facility which produces a gaseous fuel from the manufacture, conversion or reforming of liquid or solid hydrocarbons. ''Wind facility'', an onshore or offshore facility that uses wind to generate electricity.

Section 69G. As used in section 69H to 69W, inclusive, the following words and terms shall have the following meanings:—

''Anaerobic digestion facility'', a facility that: (i) generates electricity from a biogas produced by the accelerated biodegradation of organic materials under controlled anaerobic conditions; and (ii) has been determined by the department of energy resources, in coordination with the department of environmental protection, to qualify under the department of energy resources regulations as a Class I renewable energy generating source under section 11F of chapter 25A.

''Applicant'', a person or group of persons who submits to the department or board a long-range plan, a petition to construct a facility, a petition for a consolidated permit for a large clean energy infrastructure facility or small clean energy infrastructure facility, a petition for a certificate of environmental impact and public need, a notice of intent to construct an oil facility or any application, petition or matter referred by the chair of the department to the board pursuant to section 69H.

''Board'', the energy facilities siting board established under the provisions of section sixty-nine H.

''Certificate'', a certificate of environmental impact and public interest, as provided for in sections 69K and 69K1/2.

''Consolidated permit'', a permit issued by the board to a large clean energy infrastructure facility or a small clean energy infrastructure facility that includes all municipal, regional and state permits that the large or small clean energy infrastructure facility would otherwise need to obtain individually, with the exception of certain federal permits that are delegated to specific state agencies as determined by the board.

''Construction'', any placement, assembly, or installation of facilities or equipment, which in the case of an oil facility must be valued in excess of five million dollars, including contractual obligations to purchase such facilities or equipment, at the premises where such equipment will be used, including preparation work at such premises.

''Cumulative impact analysis'', a written report produced by the applicant assessing impacts and burdens, including but not limited to any existing environmental burden and public health consequences impacting a specific geographical area in which a facility, large clean energy infrastructure facility or small clean energy infrastructure facility is proposed from any prior or current private, industrial, commercial, state or municipal operation or project ; provided, that if the analysis indicates that such a geographical area is subject to an existing unfair or inequitable environmental burden or related health consequence, the analysis shall identify any: (i) environmental and public health impact from the proposed project that would likely result in a disproportionate adverse effect on such geographical area; (ii) potential impact or consequence from the proposed project that would increase or reduce the effects of climate change on such geographical area; and (iii) proposed potential remedial actions to address any disproportionate adverse impacts to the environment, public health and climate resilience of such geographical area that may be attributable to the proposed project. Said cumulative impact analysis shall be developed in accordance with guidance established by the office of environmental justice and equity established pursuant to section 29 of chapter 21A and regulations promulgated by the board.

''Department'', the department of public utilities.

''Director'', the director of the facilities siting division appointed pursuant to section 12N of chapter 25, who shall serve as the director of the board; provided, however, that the director may issue decisions on de novo adjudications of local permit applications pursuant to section 69W of chapter 164.

''Electric company'', (1) an electric company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons; (3) a foreign corporation empowered under the laws of its state of incorporation to generate, transmit, distribute or sell electricity for ultimate use by fifty or more persons and qualified to do business in the commonwealth; and (4) a municipal corporation empowered to operate a municipal lighting plant under the provisions of section thirty-five or section thirty-six.

''Facility'', (1) a generating facility; (2) a new electric transmission line having a design rating of 69 kilovolts or more and which is one mile or more in length on a new transmission corridor; (3) a new electric transmission line having a design rating of 115 kilovolts or more which is 10 miles or more in length on an existing transmission corridor except reconductoring or rebuilding of transmission lines at the same voltage; (4) an ancillary structure which is an integral part of the operation of any transmission line which is a facility; (5) a unit, including associated buildings and structures, designed for or capable of the manufacture or storage of gas, except such units below a minimum threshold size as established by regulation; and (6) a new pipeline for the transmission of gas having a normal operating pressure in excess of 100 pounds per square inch gauge which is greater than one mile in length except restructuring, rebuilding, or relaying of existing transmission lines of the same capacity; provided, however, that ''facility'' shall not include a large clean energy infrastructure facility or small clean energy infrastructure facility.

''Gas'', a term which shall include natural gas, propane air, synthetic natural gas, liquified natural gas, renewable natural gas and hydrogen.

''Gas company'', (1) a gas company as defined in section one; (2) a corporation organized under the laws of the commonwealth empowered to manufacture or store gas for resale or distribution to a gas company as defined in section one; (3) a foreign corporation empowered under the laws of its state of incorporation to manufacture or store gas for resale or distribution to a gas company as defined in section one, and qualified to do business in the commonwealth; (4) a natural gas pipeline company as defined in section seventy-five B; and (5) a municipal corporation empowered to operate a municipal gas plant under the provisions of section thirty-five or section thirty-six.

''Generating facility'', any generating unit designed for or capable of operating at a gross capacity of 25 megawatts or more, including associated buildings, ancillary structures, transmission and pipeline interconnections that are not otherwise facilities, and fuel storage facilities.

''Large clean energy generation facility'', energy generation infrastructure with a nameplate capacity of not less than 25 megawatts that is an anaerobic digestion facility, solar facility or wind facility, including any ancillary structure that is an integral part of the operation of the large clean energy generation facility, or, following a rulemaking by the board in consultation with the department of energy resources that includes the facility within the regulatory definition of a large clean energy generation facility, any other type of generation facility that does not emit greenhouse gas; provided, however, that the nameplate capacity for solar facilities shall be calculated in direct current.

''Large clean energy infrastructure facility'', a large clean energy generation facility, large clean energy storage facility or large clean transmission and distribution infrastructure facility.

''Large clean energy storage facility'', an energy storage system as defined under section 1 with a rated capacity of not less than 100 megawatt hours, including any ancillary structure that is an integral part of the operation of the large clean energy storage facility.

''Large clean transmission and distribution infrastructure facility'', electric transmission and distribution infrastructure and related ancillary infrastructure that is: (i) a new electric transmission line having a design rating of not less than 69 kilovolts and that is not less than 1 mile in length on a new transmission corridor, including any ancillary structure that is an integral part of the operation of the transmission line; (ii) a new electric transmission line having a design rating of not less than 115 kilovolts that is not less than 10 miles in length on an existing transmission corridor except reconductored or rebuilt transmission lines at the same voltage, including any ancillary structure that is an integral part of the operation of the transmission line; (iii) any other new electric transmission infrastructure requiring zoning exemptions, including standalone transmission substations and upgrades and any ancillary structure that is an integral part of the operation of the transmission line; and (iv) facilities needed to interconnect offshore wind to the grid; provided, however, that the large clean transmission and distribution facility is: (A) designed, fully or in part, to directly interconnect or otherwise facilitate the interconnection of clean energy infrastructure to the electric grid; (B) approved by the regional transmission operator in relation to interconnecting clean energy infrastructure; (C) proposed to ensure electric grid reliability and stability; or (D) will help facilitate the electrification of the building and transportation sectors; provided further, that a ''large clean transmission and distribution infrastructure facility'' shall not include new transmission and distribution infrastructure that solely interconnects new and existing energy generation powered by fossil fuels on or after January 1, 2026.

''Liquefied natural gas'', a natural gas that has been changed into a liquid by cooling the temperature at atmospheric pressure to approximately—260°F.

''Local Government'', any political subdivision of the commonwealth, including any county, city, town, district agency or regional agency.

''Long-range forecast'', a plan filed with the department under the provisions of section sixty-nine I.

''National pollutant discharge elimination system permit'', a permit issued in conformance with the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.

''Natural gas'', a type of gas which originates in the ground and is predominantly methane.

''Notice of intention'', a notice of intention to construct an oil facility which shall be filed with the council under the provisions of sections sixty-nine I and sixty-nine J.

''Oil company'', (1) any person, authority or corporation organized under the laws of the commonwealth empowered or intending to construct or operate an oil facility; (2) a foreign corporation or person empowered under the laws of its state of incorporation to, or intending to construct or operate an oil facility, and qualified to do business in the commonwealth.

''Oil facility'', any new unit, including associated buildings and structures, designed for, or capable of, the refining, storage of more than five hundred thousand barrels or transshipment of oil or refined oil products and any new pipeline for the transportation of oil or refined oil products which is greater than one mile in length except restructuring, rebuilding, or relaying of existing pipelines of the same capacity; provided, however, that this oil facility shall not include any facility covered by a long-range forecast or supplement thereto under section sixty-nine I.

''Propane air'', a type of gas produced by those facilities which add commercial grade propane to air for mixture with natural gas.

''Significant portion of their income'', 10 per cent of gross personal income for a calendar year; provided, however, that it shall mean 50 per cent of gross personal income for a calendar year if the recipient is over 60 years of age and is receiving such portion pursuant to retirement, pension or similar arrangement. Income includes retirement benefits, consultants' fees and stock dividends. Income shall not be received directly or indirectly from permit holders or applicants for a permit where it is derived from mutual fund payments or from other diversified investments over which the recipient does not know the identity of the primary sources of income.

''Small clean energy generation facility'', as defined in section 21 of chapter 25A.

''Small clean energy infrastructure facility'', as defined in section 21 of chapter 25A.

''Small clean energy storage facility'', as defined in section 21 of chapter 25A.

''Small clean transmission and distribution infrastructure facility'', as defined in section 21 of chapter 25A.

''Solar facility'', a ground mounted facility that uses sunlight to generate electricity.

''Synthetic natural gas'', a type of gas which is made by a facility which produces a gaseous fuel from the manufacture, conversion or reforming of liquid or solid hydrocarbons.

''Wind facility'', an onshore or offshore facility that uses wind to generate electricity.