Code of Massachusetts Regulations › 980 CMR - ENERGY FACILITIES SITING COUNCIL › Title 980 CMR 9.00 - Coastal Zone Facility Site Selection, Evaluation, And Assessment › Section 9.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
.
			 980 CMR 9.00 implements the
			 Massachusetts Coastal Zone Management Program as adopted by the Secretary of
			 Environmental Affairs under M.G.L. c. 21A, §§ 2, 3, 4 and recognizes
			 the Siting Council's designation as the energy facilities siting agency under
			 the Massachusetts Coastal Zone Management Program (hereinafter CZM Program) and
			 the coastal zone management act and regulations
			 16 USC, §
									1454(b)(8),
			 1455(c)(8);
			 15 CFR 923.14,
			 923.52.
The Siting Council's authority to adopt this chapter is set
				forth at M.G.L. c. 164, § 69H, I, J; M.G.L. c. 30A, § I
et
				seq
.; and 980 CMR 3.00. Requirements set forth here are in addition to
				those set forth in
				980 CMR 6.00,
				7.00,
				8.00,
				10.00, and
				11.00 and siting guidelines.
				In the case of conflict,
				980 CMR 9.00 shall govern the
				final instance.
The Siting Council will review the installation of facilities
				subject to certification under the Federal Natural Gas Act for purposes of
				determining compliance with the CZM Program as set out in
				980 CMR
				7.07(9). Findings as to
				these facilities will issue from the Office of Coastal Zone Management pursuant
				to
				16 U.S.C. §
										1451
et
				seq
.
(2)
Definitions
.
Area of Critical Environmental Concern
means an area which has been designated by the Secretary of Environmental
				Affairs pursuant to M.G.L. c. 21A, § 2 and M.G.L. c. 30, § 61
et seq
., or which has been accepted for designation under
				Section 6.46 of the regulations establishing the CZM Program by the Executive
				Office of Environmental Affairs (hereinafter CZM regulations) prior to the
				filing of the Notice of Intent or Long-Range Forecast or Supplement and which
				has been designated prior to approval by the Council of the Notice of Intent or
				Long-Range Forecast. The term area for preservation or restoration, under the
				coastal zone management act,
				16 USC, §
										1451
et seq
. shall be
				synonymous with the term, area of critical environmental concern.
Coastally Dependent Energy Facility
means
1. a facility which uses
			 indigenous energy resources of the coastal zone;
2. a facility which serves as a transfer
			 point between ocean and land;
3. a
			 facility which transmits or transports energy or energy sources from a transfer
			 point or other energy facility in the coastal zone to an inland or other
			 coastal location;
4. a facility
			 which stores energy or energy sources necessary for transshipment from the
			 ocean, for surge storage, or to supply coastal energy facilities and maritime
			 industries, as more fully specified in the CZM Program, Policy 8. A facility
			 which does not meet one of these criteria is not coastally dependent as more
			 fully specified in Policy 8.
Significant Resource Area
means an area
				within the coastal zone, as identified in the Massachusetts Coastal Zone
				Management Program, and includes salt ponds, salt marshes, dunes, beaches,
				barrier beaches, shell fish beds, estuaries, coastal embayments, anadromous
				fish runs, erosion areas, flood plains, public recreation beaches, historic
				sites and districts, developed harbors, and port areas.