1) DOER has published these draft regulations for public comment. This includes battery storage under 100 Megawatts (MW)  and energy projects less than 25 Megawatts.  Most large scale solar, agrovoltaics, on shore wind and anoerobic digester projects will be under 25 MW. Also small transmission upgrades and build-outs.

 

This is what we are commenting on: 

225 CMR 29.00 - Small Clean Energy Infrastructure Facility Siting and Permitting

Preliminary Guidelines

To assist with the regulatory review, DOER has published preliminary drafts of accompanying guidelines.( below and for later) 

Written comments will be accepted on the proposed regulations between September 26, 2025 and 5:00 PM on October 17, 2025. Please email written comments as attached PDF files to DOER.Siting.Permitting@mass.gov with the words "S&P Follow On Rulemaking Comments" in the subject line. Written comments can also be submitted via mail to Rick Collins, Department of Energy Resources, 100 Cambridge Street, 9th Floor, Boston, MA 02114.

 

Some ideas you may want to comment on: ( what we come up with today)  (from our team)

 

1. What is an abutter? We think this is too narrow: 

"Abutter. An owner of land that shares a common boundary or corner with the parcel of land on which a Small Clean Energy Infrastructure Facility is sited or proposed to be sited, including land located directly across a street, road or way. A street, road or way is not an Abutter."  Comment: For special permits, for example abutters to abutters get notified. There should be a definition of abutter that includes more properties.

 

2. Who is a key stakeholder?

"Key Stakeholders. Members of the public including local residents, public interest groups, and organizations within a community located within one mile of a proposed Small Clean Energy Infrastructure Facility that could be affected by that project, or a person or organization representing local residents. Key Stakeholders may include abutting residents (both owners and renters) and businesses, community-based organizations, environmental justice communities, elected or appointed municipal officials (e.g., mayor or town or city manager, relevant Council or Select Board members, Chair(s) of the Conservation Commission, Planning Board, Zoning Board, and Head of the Department of Public Works), regional planning officials, and federally recognized, state-acknowledged, or state recognized tribes". Comment: People who live outside of  one mile could be very affected and aggrieved. This definition of Key stakeholders should be expanded.

 

3 The first notice for the project goes to one person- 

" Notice of Intent to File Application. The Applicant shall submit a Notice of Intent to File Application during the Pre-filing Period. The Pre-filing Period shall be not more than sixty (60) days prior to the planned submission of a Consolidated Local Permit Application. Notices of Intent to File Applications shall be submitted to a Local Government Representative" Comment: this should not be to just one person.

 

4 The applicant submits an emergency response plan -

"A draft Emergency Response Plan to be approved by the Local Government’s fire, police, and emergency management departments"  Comment-Who decides what is a sufficient plan?

 

5 The mitigation fees are given to the towns or a  non profit that the town chooses: 

 "Compensatory Environmental Mitigation Fees established by the Local Government shall be paid by the Applicant in a manner to be established by the Local Government. Payment may be made to either the Local Government or a Non-Profit Entity". Comment: Does this amount to bribery?

 

6- Will local authorities be overridden by the state agencies when it comes to "nuisances". 

"All materials necessary for any permits or decisions to be issued by local public health and safety authorities, including any plans addressing nuisances, approved emergency response plans, other materials required by the state and local public health and safety authorities, and all other information required by the Department in its Guideline on the Consolidated Local Permit Application; ". Comment: If there a conflict about "does this constitute and nuisance or a health hazard, will the town's concerns be upheld.

 

7 Comment and question: : There is not clear process for appealing decision in the document. Who can appeal, who makes final decisions.

 

8 Comment and question: - If a town says "no" will that decision just be overturned like what is happening to us now? 

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3) Ask your representative to co-sponsor HD4152.  This bill updates solar zoning language to the following: 

 

Section 3 of Chapter 40A of the General Laws is hereby amended by striking the following language:

"No zoning ordinance or bylaw shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare."

 

WHO TO CONTACT

 

Thank Rep. Paul McMurtry – for filing HD4152 to remove the solar exemption

Paul.McMurtry@mahouse.gov

(617) 722-2080

 

Find your Represenative HERE

 

WHAT TO SAY

 

The Honorable (first name)(last name)

Address

City, State, Zip

 

Dear (Representative x),

 

I am writing to urge you to co-sign the bill HD4152, An Act Regarding Municipal Zoning Powers.

 

This bill would finally remove the extremely outdated "solar exemption" from the Dover Amendment. Specifically, it will rescind Chapter 40A Section 3, paragraph 9, the 40-year-old law that limits municipalities' regulation of solar and lithium-ion batteries. 

 

Until and unless this happens, municipalities will face practical constraints and continue to face legal action when the try to protect our communities with reasonable regulation relating to industrial solar.

 

This is extremely important to our communities for several reasons:

[include one or more of these, or personalize this to your liking]

• Natural Working Lands are needed for a resilient future. The 2022 Massachusetts Clean Energy and  Climate Plan for 2025 and 2030 states “Massachusetts’ natural and working lands provide many benefits  to the residents of the Commonwealth, including clean air and water, wildlife habitat, carbon sequestration,  recreational opportunities, food and wood production, and many other functions on which society and life  depend. These benefits, often called ecosystem services, continually serve our society as long as Natural  Working Lands can remain functioning. 

• Mass., U.S., and international climate experts recognize that carbon storage and sequestration is essential as part of the solution to mitigating climate change. Only forests are able to remove carbon  from the atmosphere at a large scale – there is no other mechanism that exists. Currently 0.6 gigatons of  carbon are stored in Mass. forests. The Clean Energy and Climate Plan commits the Commonwealth to  reduce greenhouse gases through enhanced carbon sequestration capacity and adoption of climate  smart management practices.  

• According to Mass Audubon and Clark Univ. since 2012, an estimated 6,000 acres or more of  previously undeveloped land have been converted to large scale, ground-mounted solar arrays.  According to the National Renewable Energy Laboratory, existing rooftops in Mass. have the potential to support up to 47% of the state’s total electrical demand; these should be the first places to build. 

• In a changing climate, food and water will be threatened; local protection of agricultural and  water is essential for state and community resiliency. Reasonable regulation of large scale,  industrial solar can ensure that safe and adequate drinking water remains available for residents, and  that prime growing lands remain available for food production. 

 

Sincerely,

[YOUR NAME and ADDRESS]

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