Mass. Gen. Laws ch. 25, sec. 12T — MA Code / Part I / Title II / Chapter 25 / Section 12T
Division of public participation; assisting parties with matters before the department or energy facilities siting board
Status: in_force

Section 12T. There shall be a division of public participation within the department and under the general supervision and control of the commission, which shall be under the charge of a director appointed by the commission. The division of public participation, hereinafter referred to as the division, shall perform such functions as the commission may determine and shall be responsible for assisting individuals, local governments, community organizations and other entities before the department or the energy facilities siting board. With respect to matters before the department, the division shall assist such parties with navigating filing requirements, opportunities to provide comment and intervene and facilitating dialogue among parties to proceedings. With respect to siting and permitting matters under the jurisdiction of the energy facilities siting board, the division shall assist individuals, local governments, community organizations, project applicants and other entities with navigating pre-filing consultation and engagement requirements, clarifying filing requirements, identifying opportunities to intervene and facilitating dialogue among stakeholders involved in the permitting process and shall assist with coordinating with other state, regional and local officials, including the office of environmental justice and equity established by section 29 of chapter 21A, involved in the prefiling consultation process, pre-filing engagement process and the permitting process generally. The director and staff of the division shall not participate as adjudicatory staff, nor have any input or communication with adjudicatory or decisional staff, in matters before the department or in reviewing applications submitted to the energy facilities siting board, nor shall they serve as legal counsel to or otherwise represent any party before the department or the energy facilities siting board. The director shall be responsible for making final determinations with respect to intervenor funding support requests made pursuant to section 149 of chapter 164 and administering all aspects of the intervenor support grant program established pursuant to said section 149 of said chapter 164. The department, in consultation with the energy facilities siting board, shall promulgate regulations to implement this section, including for the function and participation of the division of public participation and ex parte prohibitions, as appropriate.

Section 12T. There shall be a division of public participation within the department and under the general supervision and control of the commission, which shall be under the charge of a director appointed by the commission. The division of public participation, hereinafter referred to as the division, shall perform such functions as the commission may determine and shall be responsible for assisting individuals, local governments, community organizations and other entities before the department or the energy facilities siting board. With respect to matters before the department, the division shall assist such parties with navigating filing requirements, opportunities to provide comment and intervene and facilitating dialogue among parties to proceedings. With respect to siting and permitting matters under the jurisdiction of the energy facilities siting board, the division shall assist individuals, local governments, community organizations, project applicants and other entities with navigating pre-filing consultation and engagement requirements, clarifying filing requirements, identifying opportunities to intervene and facilitating dialogue among stakeholders involved in the permitting process and shall assist with coordinating with other state, regional and local officials, including the office of environmental justice and equity established by section 29 of chapter 21A, involved in the prefiling consultation process, pre-filing engagement process and the permitting process generally. The director and staff of the division shall not participate as adjudicatory staff, nor have any input or communication with adjudicatory or decisional staff, in matters before the department or in reviewing applications submitted to the energy facilities siting board, nor shall they serve as legal counsel to or otherwise represent any party before the department or the energy facilities siting board. The director shall be responsible for making final determinations with respect to intervenor funding support requests made pursuant to section 149 of chapter 164 and administering all aspects of the intervenor support grant program established pursuant to said section 149 of said chapter 164. The department, in consultation with the energy facilities siting board, shall promulgate regulations to implement this section, including for the function and participation of the division of public participation and ex parte prohibitions, as appropriate.