Mass. Gen. Laws ch. 164, sec. 69U — MA Code / Part I / Title XXII / Chapter 164 / Section 69U
Consolidated permit for small clean transmission and distribution infrastructure facility
Status: in_force

[Text of section added by 2024, 239, Sec. 74 effective March 1, 2026. See 2024, 239, Sec. 139.]

[Text of section added by 2024, 239, Sec. 74 effective March 1, 2026. See 2024, 239, Sec. 139.]

Section 69U. (a) Upon request by an applicant and upon a showing of good cause, the board may issue a consolidated permit for a small clean transmission and distribution infrastructure facility that is not automatically subject to the jurisdiction of the board pursuant to section 69G, if the applicant petitions the board to be granted a consolidated permit for such facility. The board shall review such petition in accordance with subsections (b) and (c). The board may issue such consolidated permit upon finding that the small clean transmission and distribution infrastructure facility will serve the public convenience and is consistent with the public interest. Upon application for a consolidated permit under this section, no applicant shall commence construction of a small clean transmission and distribution infrastructure facility at a site unless a consolidated permit for construction of that small clean transmission and distribution infrastructure facility pursuant to this section has been approved by the board. For purposes of this section, ''construction'' shall not include contractual obligations to purchase such facilities or equipment.

(b) The board shall establish the same criteria governing the siting and permitting of small clean transmission and distribution infrastructure facilities eligible to submit an application under this section as it is required to establish for large clean energy infrastructure facilities pursuant to subsection (b) of section 69T. An application for a consolidated permit for a small clean transmission and distribution infrastructure facility shall include the same elements as required for large clean transmission and distribution infrastructure facilities under subsection (c) of said section 69T. Subject to subsection (c), subsections (d) to (i), inclusive, of said section 69T shall apply to the process followed by the board regarding the issuance of a consolidated permit to any small clean transmission and distribution infrastructure facility under this section.

(c) The board shall establish timeframes and procedures for reviewing different types of small clean transmission and distribution infrastructure facilities based on the complexity of the facility and the need for an exemption from local zoning requirements, but in no instance shall the board take more than 12 months from the determination of application completeness to render a final decision on an application. The board shall have the authority to approve, approve with conditions or reject a permit application. If no final decision is issued within the deadline for the type of small clean transmission and distribution infrastructure facility established by the board, the board shall issue a permit granting approval to construct that adopts the common conditions and requirements established by the board in regulation for the type of small clean transmission and distribution infrastructure facility under review, which shall be deemed a final decision of the board. A consolidated permit, if issued, shall be in the form of a composite of all individual permits, approvals or authorizations that would otherwise be necessary for the construction and operation of the small clean transmission and distribution infrastructure facility and the portion of the consolidated permit that relates to subject matters within the jurisdiction of a municipal, regional or state agency, authority, board, commission, office or other entity shall be enforced by said agency, authority, board, commission, office or other entity under the other applicable laws of the commonwealth as if the consolidated permit had been directly granted by said agency, authority, board, commission, office or other entity.