GreenerU aids in Massachusetts’ clean energy transition

Members of the Commission on Energy Infrastructure Siting and Permitting celebrate the completion of their recommendations to the Governor and legislature on March 27, 2024.

The proliferation of clean energy infrastructure—wind, solar, anaerobic digestion, energy storage—in Massachusetts has long been hampered by years-long permitting processes from multiple agencies, unclear guidance on environmental protection, and a lack of consistent practices in engaging communities before project details are finalized.

To develop siting and permitting reforms, Governor Maura Healey created the 28-member Commission on Energy Infrastructure Siting and Permitting, for which GreenerU facilitated through its efforts to come to consensus on a set of recommendations that Governor Healey signed into law on November 20.

The clean energy transition in Massachusetts

The Commonwealth of Massachusetts has committed to achieving net zero greenhouse gas emissions with a minimum 85% reduction in greenhouse gas emissions as compared to 1990 levels in 2050. 

This goal, sometimes referred to as the clean energy transition, is dependent upon a number of events occurring in concert:

1. Energy efficiencies achieved through weatherization, LED lighting upgrades, HVAC system upgrades, and more will help reduce demand.
2. Through financial incentives, Massachusetts residents, businesses, institutions, and the transportation sector are encouraged to decarbonize, first through energy conservation measures followed by electrification to replace fossil-fuel-based energy supply.
3. Intermittency, peak demand, and resiliency against power outages must be addressed through energy storage, distributed energy resources, and hardened grid infrastructure.
4. The supply of clean, renewable electricity must increase substantially to accommodate demand.
5. Facilities providing clean energy generation must be able to interconnect to the grid at locations physically closest to utility transmission and distribution systems. Massachusetts must address the backlog of interconnection requests.
   
6. The electric grid must increase its capacity to accommodate both the influx of anticipated supply and demand. 

Massachusetts’ clean energy siting and permitting conundrums

In Massachusetts, siting and permitting clean energy infrastructure—which includes energy generation, storage, transmission, and distribution—has historically been a disperse, unpredictable, often lengthy, and duplicative process. Additionally, stakeholder engagement can often be lacking and processes do not align with the Commonwealth’s emissions reduction requirements or climate and land-use goals.

Massachusetts Governor Maura Healey established the Commission on Energy Infrastructure Siting and Permitting (Commission) on September 26, 2023, via Executive Order 620 to “remove barriers to expeditious and responsible clean energy infrastructure development and meet greenhouse gas emissions limits outlined in the Clean Energy and Climate Plans (see CECP 2025/2030 and CECP 2050).”

The Commission was made up of 28 individuals representing varying perspectives, including from utility companies, clean energy developers, local and state government agencies, environmental advocates, and environmental justice populations.

Facilitating the clean energy infrastructure siting and permitting reform process

GreenerU was hired to facilitate the Commission’s process and attempt to reach a consensus on a variety of siting and permitting reforms. Starting in October 2023, the full Commission met thirteen times through March 2024. Initial meetings largely focused on establishing a shared understanding of the current state of siting and permitting challenges—namely accommodating sometimes competing priorities of reviewing clean energy infrastructure expeditiously while protecting vulnerable populations and the environment.

The Commission was divided into three working groups, joined by a dozen individuals in a Siting Practitioner Advisory Group, to drill deeper into challenges associated with the permitting process, the role of local authority, environmental protection, and stakeholder engagement. GreenerU convened additional topic-specific subgroups to propose and review draft language.

In late February 2024, the Commission landed on a proposed framework with elements from multiple proposals. GreenerU distributed a comprehensive survey to the public in mid-February and received 728 open-ended responses through March 15. Additionally, the Commission held two, two-hour public listening sessions, on March 4 and 5, 2024, during which 26 individuals spoke. The public was also invited to submit comments by email, through which the Commission received 821 submissions.

The Commission continued discussions through March 2024 and voted on draft recommendations using a method called the “scale of agreement,” which enabled voters an opportunity to provide a nuanced level of support for individual components. A final vote with opportunity to comment was held during the week of March 25, 2024, whereby the Commission delivered a comprehensive set of recommendations to Governor Maura Healey on March 29, 2024.

Commission recommendations adopted into law

The Commission’s recommendations for siting and permitting clean energy infrastructure included the following:

1. New definitions of energy infrastructure, thresholds, and jurisdictional permitting authorities that include large (≥25 MW) clean energy generation from wind, solar, and anaerobic digestion, as well as large (≥100 MWh) energy storage systems, and some transmission and distribution projects
2. A consolidated permitting process, whereby local jurisdictional projects are limited by a 12-month timeframe and state jurisdictional projects are limited by a 15-month timeframe
3. The issuance of authority for state-jurisdictional projects to the Energy Facilities Siting Board (EFSB), an independent state board that currently reviews large energy facilities including power plants, electric transmission lines, intra-state natural gas pipelines, and natural gas storage tanks
4. A regulatory process to determine and clarify expected pre-filing engagement, environmental, community benefits agreements, and other requirements for successful applications 

More information on the Commission’s process is available in their March 2024 report. 

Timeline of action 

• March 29, 2024 — Commission on Energy Infrastructure Siting and Permitting, a body authorized by Governor Maura Healey through Executive Order 620, delivers a set of recommendations to the Legislature 

• July 17, 2024 — House passes H.4884, “An Act accelerating a responsible, innovative and equitable clean energy transition”

• June 25, 2024 — Senate passes S.2829, “An Act upgrading the grid and protecting ratepayers” 

• July 31, 2024 — House and Senate conference committee does not reach agreement
  

• October 17, 2024 — House and Senate announce agreement on “comprehensive climate and clean energy siting and permitting legislation” (now S.2967)

• October 25, 2024 — Senate passes S.2967, “An Act promoting a clean energy grid, advancing equity and protecting ratepayers” 

• November 14, 2024 — House passes S.2967, “An Act promoting a clean energy grid, advancing equity and protecting ratepayers” 

• November 20, 2024 — Governor Maura Healey signs “An Act promoting a clean energy grid, advancing equity and protecting ratepayers” into law, with siting and permitting reforms to take effect July 1, 2026 

Next steps

GreenerU has been working with the Siting Division, an independent body of the Department of Public Utilities responsible for issuing tentative decisions on Energy Facilities Siting Board-jurisdictional proposed projects, among others, on a management study to understand the implications of the new legislation. The study includes a ten-year forecast of new project filings, substantial increases in staff size, more organized and formal training for new hires, variables impacting workload, and preparation for the 15- to 18-month transition period of developing new rules, regulations, application processes, and guidance for “EFSB 2.0.” Results of that study are expected to be available by the end of 2024.

Interested in learning more about GreenerU’s facilitation capabilities and helping your institution reach consensus on tough issues? Are you looking for help on doing your part with the clean energy transition? Reach out and talk to us.

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