EFSB 25-10 - Proposed Rulemaking

Proposed Rulemaking Pursuant to St. 2024, c.239 to Establish New Requirements, Revise Existing Requirements, and Repeal Unused Requirements Governing the Energy Facilities Siting Board

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Overview

In November 2024, Governor Maura Healey signed into law An Act promoting a clean energy grid, advancing equity and protecting ratepayers, St. 2024, c. 239 (the “2024 Climate Act”), which makes many changes to the way that energy infrastructure is sited and permitted in Massachusetts. The Siting Board is required to promulgate regulations and guidance to implement reforms related to siting and permitting by March 1, 2026.  The Siting Board issued straw proposals, and conducted public meetings to hear comments on the straw proposals.  Based on comments received, the Siting Board and Department drafted the proposed regulations.  2024 Climate Act Stakeholder Sessions | Mass.gov.

Siting Division staff issued for discussion purposes draft proposed regulations and guidance in July, then the Siting Board conducted a public meeting to hear comments on the draft proposed regulations.  Based on comments received, Siting Division staff revised the proposed regulations.  2024 Climate Act July Regulations Meeting | Mass.gov.  On September 8, 2025, the Siting Board heard staff presentations on the revised regulations and guidance proposals, and voted to open a formal rulemaking process.  On September 12, 2025, the Siting Board issued a Final Decision to open the proposed rulemaking, docketed as EFSB 25-10.

Final and Draft Regulations

March 20, 2026:  980 CMR 15.00 draft final regulations have been issued.  The draft final regulations are redlined from the proposed regulations issued in December 2025.  Comments are due by close of business Monday, March 23, 2026.

March 18, 2026 Update:  980 CMR 17.00 revised regulations will be issued on soon, with comments due by at least a week from issuance.  More information to be provided when the regulations are issued. The latest version of the regulations were issued on January 7, 2026:

(NEW) The DPU issued 220 CMR 32.00 on February 27, 2026.  Initial written comments are due March 25, 2026.  Reply comments are due April 8, 2026.  Written comments from the public may be sent by email to dpu.efiling@mass.gov, timothy.federico@mass.gov, and amelia.gianetta4@mass.gov.

February 7, 2026:  Final regulations can be accessed by the following links:

Important Dates

Main Regulations Package

ActionDate
Final Regulations Published in Mass. RegisterFebruary 27, 2026
Statutory Deadline to Promulgate RegulationsMarch 1, 2026
Staff Issue Baseline Standards and Common Conditions Guidance for CommentSoon
Comments Due on Baseline Standards and Common Conditions GuidanceAt least 2 weeks from issuance
Additional Stakeholder Engagement on ImplementationFrom March 1, 2026
Implementation of New Consolidated Permit ProgramJuly 1, 2026

980 CMR 15.00 

ActionDate
980 CMR 15.00/980 CMR 17.00 Regulations Board MeetingFebruary 26, 2026
980 CMR 15.00 Final Regulations Board MeetingWeek of April 20, 2026
Deadline to File 980 CMR 15.00 Final Regulations with the Secretary of StateApril 24, 2026

980 CMR 17.00

ActionDate
980 CMR 15.00/980 CMR 17.00 Regulations Board MeetingFebruary 26, 2026
Staff Issue 980 CMR 17.00 Proposed Revised Regulations and Request for CommentsSoon
Comments Due on 980 CMR 17.00 Proposed Revised RegulationsAt least 1 week from issuance
980 CMR 17.00 Draft Final Regulations and Tentative Decision Issued to PublicMay 2026
980 CMR 17.00 Final Regulations Board MeetingWeek of May 18, 2026

February 26 Board Meeting

The Energy Facilities Siting Board (“Siting Board”) conducted a hybrid Siting Board meeting on Thursday, February 26, 2026, starting at 9:00 A.M.

2024 Climate Act Regulations, EFSB 25-10 - Immediately after the vote on EFSB 25‑05/D.P.U. 24-152, the Siting Board will consider regulations implementing the siting and permitting reforms from An Act promoting a clean energy grid, advancing equity and protecting ratepayers,” St. 2024, c. 239 (the “2024 Climate Act”).  The Siting Board will hear staff presentations on comments received on the proposed regulations and guidance listed below.  The Siting Board will not vote on the proposed regulations at this meeting.  The Siting Board will hear public comment as time allows.  Further information on the Siting Board’s 2024 Climate Act regulations are available by clicking the following link.

The Open Law Meeting Agenda is now available through the following link. The full Notice can now be accessed at the available link.

(NEW) The recording for this hearing will be available on the Siting Division's YouTube Channel.  The slides used for the 2024 Climate Act Regulations portion of the meeting are now available as well.

980 CMR 15.00 Public Comment

The Siting Board conducted hybrid public comment hearings, and in addition requested written comments on the Proposed Regulations no later than Friday, February 13, 2026, at 5:00 p.m.  Documents submitted in electronic format will be posted on the Siting Board’s webpage.

The slides used for the hearings are available here.  Click here to download a flyer for the hearings.

December Board Meeting

The Energy Facilities Siting Board (“Siting Board”) conducted a hybrid Siting Board meeting in the Large Hearing Room at the Department of Public Utilities, One South Station, 3rd level, Boston, 02110, and using Zoom videoconferencing on Monday, December 15, 2025, 12:00 p.m. – 4:00 p.m., to deliberate and vote on a Tentative Decision opening a rulemaking to consider proposed regulations implementing the Cumulative Impact Analysis and Site Suitability Criteria provisions of the 2024 Climate Act, St. 2024, c. 239 (the “Act”).  

The agenda for the Board meeting is now available at the following link.  The slides for the Board meeting are available at the following link.

The Tentative Decision is available at the following link.  The Final Decision is available at the following link.

Webinar

The Massachusetts Energy Facilities Siting Board (EFSB) and Office of Environmental Justice and Equity (OEJE) conducted a public webinar on Thursday, November 6th at 2:00pm to provide an overview of the proposed draft guidance and regulations for Cumulative Impact Analysis and provide an opportunity for public input. The draft guidance and regulation documents are posted above.  The draft guidance drafted by the Massachusetts Office of Environmental Justice and Equity is meant to inform the draft proposed regulations, which are drafted by EFSB staff.  The webinar precedes a formal rulemaking process that will include further opportunities for comment.  

 A recording of the webinar is now available on the Siting Board’s YouTube channel.

For this webinar, interpretation was provided in the following languages: Spanish, Portuguese, Mandarin, Haitian Creole, Vietnamese, Russian, Khmer, Arabic, French, Cape Verdean Creole, and American Sign Language (ASL).

The Open Meeting Law Agenda is now available by clicking on the following link

The slides used for the webinar are available in English, Vietnamese, Mandarin, Cape Verdean Creole (Crioulo), Spanish, Portuguese, French, Haitian Creole, Korean, Khmer, Arabic, and Russian

February 12 Board Meeting

February 13, 2026:  The Final Decision is available here. Also available in Spanish, Portuguese, Haitian Creole, Simplified Chinese, & Vietnamese.

The Siting Board will conduct a public meeting on Thursday, February 12, 2026, starting at 9:00 am, to deliberate and vote on a Tentative Decision adopting Final Regulations implementing the 2024 Climate Act.  At the Siting Board meeting, the Siting Board will hear staff presentations on the final regulations and guidance, and hear public comment as time allows.

The Final Regulations include revisions to 980 CMR 1.00 and 980 CMR 2.00; new regulations 980 CMR 13.00 and guidance, 980 CMR 14.00, and 980 CMR 16.00; and repeal of 980 CMR 4.00, 980 CMR 5.00, 980 CMR 7.00, 980 CMR 8.00, and 980 CMR 11.00.  The Tentative Decision and Final Regulations and guidance documents will be posted on this webpage.

A recording of the meeting will be posted here.  The full notice can now be accessed via the available link.  The Open Meeting Law Agenda is now available via the following link.  The Tentative Decision is available.

January Board Meeting

The Energy Facilities Siting Board (“Siting Board”) conducted a public meeting on Wednesday, January 7, 2026.  (Note the Thursday, January 8, 2026 is canceled), to consider draft regulations implementing the siting and permitting reforms from An Act promoting a clean energy grid, advancing equity and protecting ratepayers, St. 2024, c. 239 (the “2024 Climate Act”).  The Siting Board deliberated on chapters: 980 CMR 1.00, 2.00, 13.00, 14.00, 16.00, and 17.00, and proposed repeals of 980 CMR 4.00, 5.00, 7.00, 8.00, 9.00, and 11.00.  

A recording of the meeting will be posted to the Siting Board's YouTube Channel

The slides used at the meeting are available at this link. Translated slides are now available in Spanish, Portuguese, Haitian Creole, Chinese, and Vietnamese.

The Siting Board will accept written comments on the draft final regulations and guidance. Written comments are due Friday, January 9, 2026. Written comments should be filed with dpu.efiling@mass.gov, and reference docket number EFSB 25-10.

The Notice for the Board Meetings is now available through the following link.  The Open Meeting Law Agenda Notice for these Board meetings is now available through the following link.  

September Board Meeting

The Siting Board conducted a meeting both in-person and on Zoom on Monday, September 8, 2025, at 10 a.m.  In-person meeting location: One South Station, Boston, MA 02110, 3rd floor, Large Hearing Room.

The Open Meeting Law Agenda is now available.  The Notice is available in English, Spanish, Portuguese, Haitian Creole, Standard Chinese, and Vietnamese.

The Tentative Decision is available in English, Spanish, Portuguese, Haitian Creole, Standard Chinese, and Vietnamese.

The presentation used for the Board meeting is available in English, Spanish, Portuguese, Haitian Creole, Standard Chinese, and Vietnamese.  Recordings of the Board meeting will be available on the Siting Board’s YouTube channel.

Public Comment Hearings

The Energy Facilities Siting Board (“Siting Board”) and Department of Public Utilities (“Department”) invite you to attend public comment hearings to learn about implementation of the siting and permitting changes required by the 2024 Climate Act (An Act promoting a clean energy grid, advancing equity and protecting ratepayers), and provide written and/or oral comments.  The proposed regulations and guidance documents are posted on this webpage and the Department’s webpage.

Comments are sought regarding the proposed regulations and guidance documents.  The Siting Board and Department will not take comments on pending projects or other cases that are under review at the Siting Board or the Department.  The public comment hearings will be transcribed by a court reporter. 

The Siting Board and Department will conduct four hybrid public comment hearings with in-person and remote participation options:

Public Comment Hearing 1:

Monday, October 27, 6:00 p.m.

Greater New Bedford Regional Vocational Technical High School, 1121 Ashley Blvd, New Bedford, MA 02745, Auditorium

Public Comment Hearing 2:

Wednesday, October 29, 6:00 p.m.

Berkshire Innovation Center, 45 Woodlawn Ave, Pittsfield, MA 01201

Public Comment Hearing 3:

Monday, November 3, 6:00 p.m.

One South Station, Boston, MA 02110, 3rd floor, Large Hearing Room

Public Comment Hearing 4:

Wednesday, November 5, 6:00 p.m.

North Shore Community College, 300 Broad St, Lynn, MA 01901, Cafeteria

Note: There will be opportunity to comment on all proposed regulations issued by the Siting Board and Department at the hearings.  Public Comment Hearing 3 will focus on the Intervenor Support Grant Program regulation and guidance document.

Materials

 A recording of the public comment hearings will be available on the Siting Board’s YouTube channel.

The slides used at the meeting are available in:  English as well as Spanish, Portuguese, Haitian Creole, Standard Chinese, and Vietnamese

The full notice for these hearings can be accessed at this link. The notice is now also available in Spanish, Portuguese, Haitian Creole, Standard Chinese, Vietnamese

Click the following links for a flyer with information on the forthcoming rulemaking public comment hearings: English | Spanish | Portuguese | Simplified Chinese | Haitian Creole | Vietnamese.

Written Comments

Written comments on the Siting Board’s proposed regulations, docket number EFSB 25-10 must be sent to the following two email addresses: dpu.efiling@mass.gov and sitingboard.filing@mass.gov

Written comments will be posted to the Siting Board (link) and Department file rooms (link) and accessible for the public to view.

Accommodation Requests and Language Services Requests

Interpretation services for the public comment hearings (in-person and Zoom) will be provided in Spanish, Portuguese, Chinese, Haitian Creole, Vietnamese, and American Sign Language (ASL).  Additional language interpretation services are also available upon request in the registration link above or to Yonathan Mengesha at (617) 305-3544 or Yonathan.Mengesha@mass.gov.  Include in your request the language required and your contact information.  To assist us in accommodating your request, please submit it as soon as possible, and at least one week before the particular public comment hearing (i.e., by October 20, 2025 for Public Comment Hearing 1). 

Reasonable accommodations for people with disabilities (e.g., Braille, large print, electronic files, audio format) are available upon request. To request an accommodation, please contact:

Melixza Esenyie
Non-Discrimination Coordinator and Director of Diversity, Equity, and Inclusion
Massachusetts Executive Office of Energy and Environmental Affairs 
Human Resources, 9th Floor
100 Cambridge Street, Boston, MA 02114 
eeadiversity@mass.gov, 617-626-1282

In your communication, state the accommodation you need and why you need the accommodation. Provide contact information in case the Coordinator needs more information.  Provide your request as soon as possible.  The Coordinator will consider but may not be able to fulfill late requests. 

Non-discrimination Notice

The Siting Board does not discriminate on the basis of race, color, national origin, disability, age, sex, income, ethnicity, class, disability, religious creed or belief, gender identity, sexual orientation, genetic information, English language proficiency or ancestry in administration of its programs or activities.   See the Siting Board’s Non-Discrimination Notice.

If you have any questions about this notice or any of the Siting Board’s non-discrimination programs, policies, or procedures or believe the Siting Board has discriminated against you, you may contact Melixza Esenyie (see above for contact information) for more information. 

Contact

For further information about the public comment hearings or proposed regulations, please send an email to sitingboard.filing@mass.gov or use this comment form.  For periodic updates, please visit this webpage and the Department’s webpage.

Please use this form to sign up to receive notifications from the EFSB regarding upcoming proceedings and regulations.

Last updated: March 20, 2026

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