Code of Massachusetts Regulations 980 CMR - ENERGY FACILITIES SITING COUNCIL
980 CMR — Energy Facilities Siting Council (EFSC)
What It Is
980 CMR is the section of Massachusetts administrative regulations that governs the Energy Facilities Siting Council (EFSC).
The EFSC is a state regulatory body that reviews, licenses, and monitors the siting of large energy facilities in Massachusetts.
Purpose and Policy
The overarching goals of 980 CMR are to:
Ensure reliable energy infrastructure while safeguarding public health and the environment.
Provide a consistent, transparent process for reviewing proposals for major energy facilities.
Balance energy needs with community and environmental considerations.
The regulations implement statutory authority granted by Massachusetts law directing the Council to oversee major energy projects.
What Types of Facilities EFSC Regulates
980 CMR applies to large-scale energy facilities, including:
Electric generation plants, such as natural gas, solar farms, wind farms, biomass facilities, and combined cycle plants.
Transmission facilities, including high-voltage power lines and associated infrastructure.
Major energy storage facilities, where applicable.
Large renewable energy installations exceeding certain capacity thresholds.
Smaller projects typically do not require EFSC review and fall under local permitting instead.
Key Components of 980 CMR
1. Jurisdiction and Applicability
Defines which projects need EFSC review based on criteria such as:
Facility type
Capacity
Location (e.g., within designated zones)
Projects that meet the thresholds must file an application with the EFSC.
2. Project Review and Licensing Process
The regulations set out a multi-step review process:
a. Pre-Application
Applicants often engage in pre-filing consultations with EFSC staff to clarify requirements.
b. Filing of a Petition
A proposed facility owner submits a petition containing:
Project description
Technical design
Environmental and public safety impacts
Proposed mitigation measures
c. Completeness Determination
EFSC reviews whether the petition is complete before proceeding.
d. Public Hearing and Comment
Public hearings give communities and stakeholders an opportunity to comment on the proposal.
The Council considers local concerns as part of its decision.
e. Review of Impacts
EFSC evaluates:
Environmental impacts: air quality, water resources, wetlands, noise
Public safety: risk of fire, hazardous materials, emergency response plans
Visual and land use impacts
Historical and cultural resources
Energy reliability and economic impacts
f. Decision and Conditions
EFSC issues either:
A license with specific conditions, or
A denial if requirements are not met.
Conditions may include environmental mitigation, monitoring, decommissioning plans, and community benefits.
3. Standards and Criteria
980 CMR sets standards against which proposals are evaluated, such as:
Environmental protection and resource conservation
Minimization of adverse impacts
Compliance with public health and safety norms
Consistency with state energy and climate goals
The Council considers the cumulative impacts of energy infrastructure on ecosystems and communities.
4. Monitoring and Compliance
After issuing a license:
EFSC monitors facility construction and operation to ensure compliance with license conditions.
Licensees must submit periodic reports and may be subject to inspections.
Non-compliance can result in enforcement actions, including fines or, in extreme cases, revocation of license.
5. Amendments and Modifications
If a licensed facility seeks changes (e.g., design or operating parameters), it must file a petition to amend the license.
EFSC reviews whether the changes affect prior findings and conditions.
6. Coordination with Other Agencies
EFSC’s process often overlaps with:
Massachusetts Department of Environmental Protection (MassDEP)
Department of Public Utilities (DPU)
Local planning boards and conservation commissions
The Council coordinates with these entities to avoid duplicative review and ensure compliance with applicable laws.
Practical Implications
For Developers
Must understand whether a project falls under 980 CMR thresholds.
Must prepare comprehensive technical, environmental, and community impact analyses.
Requires legal and consulting support to navigate a complex review.
For Communities
Citizens have a formal opportunity for participation and feedback.
EFSC incorporates public input into decision-making.
For Regulators
Balances energy needs with environmental conservation, public safety, and community interests.
Key Concepts to Remember
EFSC licenses major energy facilities beyond local permitting authority.
Large scale energy projects must undergo rigorous review before construction can begin.
Public participation is an integral part of the regulatory process.
Conditions imposed by EFSC licenses shape how projects are built and operated.
Monitoring ensures compliance throughout the life of the facility.
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