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REGULATing LARGE SCALE BATTERY SYSTEMS

These resources are for you use and consider in order to take action in your City of Town to protect your health, safety, welfare and natural resources.

Wendell

Wendell passed a General Town Bylaw at Town Meeting to regulate large BESS for health, safety and welfare on May 1, 2024.

Two letters of support were submitted to the Attorney General who has the authority to approve or reject the bylaw.

The Attorney General rejected the bylaw on November 14, 2024 stating in part that this should have been a Zoning (land use) Bylaw.

(doc 4 - AG decision)

January 10, 2025 the Town of Wendell appealed the AG decision and it is now in court.

(doc 5- court appeal )

The land court docket number is 25 MISC 000014

Wendell Board of Health

The Wendell Board of Health passed a health and safety regulation specifically for BESS on September 24, 2024

( doc 10- Wendell Board of Health bylaw )

BESS Health and Safety Issues Documents

The residents of Wendell complied this extensive documentation of BESS health and safety issues from Wendell. July 1, 2024

( doc 11)

Shutesbury

Shutesbury also passed General Town Bylaw at Town Meeting to regulate large BESS for health, safety and welfare on March 4, 2024

(doc 6 Bess bylaw)

The Attorney General rejected this bylaw ad on December 26, 2024 the Town of Shutesbury appealed that decision.

( doc 7- court appeal) 12-26-2024

It is now in the Franklin Superior Court in Greenfield. The docket number is 2478CV00084

Carver

On December 22, 2022 citizens in Carver submitted two General Town Bylaw petitions, but they did not pass. These two documents have short and simple bylaw language and were the first time a town attempted to use the path of a General Town Bylaw, rather than a Zonng Bylaw, to regulate large scale BESS.

(doc 8- short Bess bylaw)

(doc 9- longer BESS bylaw)

Ware

Ware passed a zoning bylaw for BESS on November 19, 2024. The Attorney General approved this bylaw, with stern warnings to not impede the state's goals for an energy buildout.

https://cms1files.revize.com/warema/Ware%202024%20Zoning%20Bylaw%20-11.19.2024.pdf November 19, 2024

Buckland Board of Health

The Buckland Board of Health, as well as other municipalities, passed a regulation that allows the Board to perform a site assignment to evaluate, condition, or reject any project that may, in its opinsion, adversely impact public health. Your Board of Health can do the same and this this is strongly encouraged.

https://www.town.buckland.ma.us/sites/g/files/vyhlif356/f/uploads/boh_regs.pdf January 13. 2013