Frequently Asked Questions
Q: What are examples of clean energy infrastructure projects?
A: Examples of clean energy infrastructure projects include facilities that generate power using the sun and wind, as well as new technology that takes advantage of anaerobic digesting. Clean energy infrastructure projects can also include battery energy storage systems, and improvements to transmission and distribution lines and substations that increase efficiency. It does not include power generated by burning fossil fuels or biomass products.
Q: What is DOER’s new role with the siting and permitting of clean energy infrastructure projects?
A: The role of the DOER Division of Clean Energy Siting & Permitting is to develop regulations that streamline the permitting of small clean energy infrastructure projects by cities and towns, and provide technical support and assistance to municipalities, project proponents, and other stakeholders.
Q: Who will actually review applications for clean energy infrastructure projects and make decisions?
A: The 2024 Climate Law divides clean energy infrastructure projects into two categories: large and small. Cities and towns will handle all local permitting required for “small” projects, which are generally generation projects up to 25MW, battery storage projects up to 100MWh, transmission or distribution infrastructure in existing right of way less than 10 miles, or a new right of way less than 1 mile. The state Energy Facilities Siting Board will handle all state and local permitting needed for “large” projects.
DOER will not be involved in reviewing or permitting projects, nor in the appeal of local decisions. DOER's role will largely involve providing technical assistance to municipalities, project applicants, and other stakeholders.
Q: How is the review process being streamlined?
A: The goal of the new state law is to expedite the siting and permitting process, which can sometimes take years, as well as provide consistency in the siting and permitting process across the Commonwealth’s 351 cities and towns.
For example, cities and towns now have 12 months to review an application and issue a decision, otherwise the project will automatically receive constructive approval. Applicants will fill out and submit a common application, instead of separate applications for each municipal board and department. If municipalities choose to approve the project, they will issue a single permit; only that single permit can be appealed, not individual board or department decisions. The Energy Facilities Siting Board will handle all appeals and will have a six-month window to conduct its review. Appeals of siting board decisions will go straight to the state Supreme Judicial Court.
Q: Why is this needed?
A: A review of the prior siting and permitting process determined that the lengthy, complex process -- which included redundant layers of paperwork and multiple levels of appellate review -- was slowing down progress in meeting the Commonwealth’s mandate of net zero emissions by 2050. In some cases, projects were taking between four and 10 years to receive all necessary permits – a timeline that makes most projects cost prohibitive.
In addition, public feedback indicated the lengthy timelines made it hard for abutters and other stakeholders to remain engaged year after year, and that many of the Commonwealth’s smaller communities lacked the staffing resources and technical skill needed to review complex clean energy projects.
DOER is in the process of drafting new regulations aimed to make the process more efficient and consistent, while providing clear regulatory guidance to municipalities, and technical assistance to local officials, applicants, and other stakeholders – making it a better process for all.
Q: If I have a question or concern about a local project, who should I talk to?
A: Start at your local town or city hall. The host community reviews and permits small clean energy infrastructure projects, just as it would a local commercial or housing development.
There are a couple exceptions. Companies proposing small transmission or distribution projects can opt to have the Energy Facilities Siting Board conduct the review instead. Also, municipalities that feel they lack the expertise or resources to review and permit a clean energy infrastructure project can choose to refer it to the Energy Facilities Siting Board.
For large projects that will be handled by the Energy Facilities Siting Board, residents should still start with their local officials, as the host community will have intervenor status during the hearing process, which grants them a seat at the table.
Q: When can I review DOER’s new regulations?
A: DOER expects to publish its draft regulations in September 2025, followed by a series of public hearings around the state. Updates will be posted to the Clean Energy Siting & Permitting Regulations web page.
Q: I have thoughts now, where I can I send them?
A: Comments, thoughts, and questions can always be emailed to DOER and the Division of Clean Energy Siting & Permitting at DOER.Siting.Permitting@mass.gov.