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 2024 Climate Act also establishes the Department and Siting Board Intervenor Support Grant Program to provide financial assistance to eligible entities who are unable to participate in proceedings before the Department and Siting Board because of financial hardship.  The Department and 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.

Proposed Regulations

The Siting Board issued Decision to open a rulemaking proceeding on September 12, 2025.  The full Decision was issued in the following languages: English | Spanish | Portuguese | Haitian Creole | Simplified Chinese | Vietnamese

Proposed regulations are included as attachments to the Decision above, and can also be accessed by the following links:

Proposed regulations for consolidated permits for small clean energy infrastructure facilities (225 CMR 29.00) and the DPU/EFSB intervenor support grant program (220 CMR 34.00) can be found on their respective webpages.

Cumulative Impact Analysis Guidance and Regulation

We will accept written comments on the draft guidance submitted to ej.inquiries@mass.gov, and on the draft proposed regulations submitted to sitingboard.filing@mass.gov through November 17, 2025.

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 on the Intervenor Support Grant Program proposed regulation, docket number D.P.U. 25-75, must be sent to the following two email addresses: dpu.efiling@mass.gov and julianne.desmet@mass.gov

Initial written comments will be most useful if submitted by October 17, 2025.  Final written comments will be welcome by November 7, 2025.  The text of the e-mail must specify: (1) the docket number of the proceeding (EFSB 25-10 or D.P.U. 25-75); (2) the name of the person or entity submitting the filing; and (3) a brief description of the document.  The email should also include the name, title, and telephone number of a person to contact in the event of questions about the filing.

We will accept written comments on the draft guidance submitted to ej.inquiries@mass.gov, and on the draft proposed regulations submitted to sitingboard.filing@mass.gov through November 17, 2025.

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

Important Dates

ActionDate
Siting Board Meeting on Opening RulemakingMonday, September 8, 2025
Siting Board and Department file Proposed Regulations with the Secretary of StateFriday, September 12, 2025
Initial Deadline for Written CommentsFriday, October 17, 2025
Public Comment HearingsOctober 27 – November 5, 2025
Cumulative Impacts Analysis WebinarThursday, November 6, 2025
Final Deadline for Written Comments for Proposed Regulations (Besides Cumulative Impact Analysis)Friday, November 7, 2025
Deadline for Written Comments for Draft Proposed Regulations and Guidance for Cumulative Impact AnalysisMonday, November 17, 2025

Cumulative Impact Analysis Webinar

The Massachusetts Energy Facilities Siting Board (EFSB) and Office of Environmental Justice and Equity (OEJE) invite you to attend 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.  The EFSB will provide information on that rulemaking process after the webinar.  

 A recording of the webinar will be available on the Siting Board’s YouTube channel.

For this webinar, interpretation will be 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

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.

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.

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: November 6, 2025

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