.png)
Legislation and Regulations
1) Fact Sheet explaining the new Large and Small solar siting process and the new SMART regulations
2) Massachusetts Climate Bill and the implications for solar
2) SMART Regulations that incentivize solar projects
3) Legislation to correct Dover Amendment language
4) Legislation relating to Dual Use/Agrovoltaics- solar on farmland
5) New regs that would weaken the protection of MA forests in MA Constitution's Article 97
6) Three bills to prevent large-scale solar other energy infrastructure on state land
7) Battery Storage Regulations
2) The presentation below was given by Shutesbury citizen Michael DeChiara to explain the likely impact of the Climate Bill that was passed in December 2024
3) January, 2025- DOER's SMART regs
The Department of Energy Resources is in the process of updating Solar Massachusetts Renewable Target regulations, known as SMART regulations. Currently these regulations offer financial incentives that make it profitable to for developers to build industrial-scale solar in inappropriate locations, such as Shutesbury’s forests. To acquaint yourself with the current regulations, visit the state web site.
The new draft regulations are coming out in early 2025 so immediate community feedback is time sensitive.
4) Solar and the Dover Amendment
The language in the Dover Amendment related to solar continues to inhibit local control for solar siting. This bill was refiled by Representative Paul McMurtry: An act regarding municipal zoning powers https://malegislature.gov/Bills/194/H2312/Cosponsor that simply strikes the problematic language.
https://malegislature.gov/Bills/194/H3526 titled "An Act relative to large-scale solar energy installations on agricultural or recreational land of the Commonwealth," addresses the installation and use of large-scale solar energy projects on agricultural and recreational lands. The bill aims to balance the expansion of renewable energy infrastructure with the need to protect valuable farmland and recreational spaces.
Key objectives of the bill typically include:
-
Regulatory Guidelines: Establishing clear guidelines and regulations for the siting of solar installations on such lands.
-
Conservation of Land: Ensuring that the use of land for solar projects does not undermine agricultural productivity or recreational value.
-
Incentives for Sustainable Practices: Encouraging practices that promote the dual use of land for both agriculture and solar energy production, if feasible.
6) Article 97:
From the Berkshire Eagle (Feb 14, 2025): Swaths of undeveloped land are protected by the state constitution for the purpose of enjoyment and recreation for the public.
But newly proposed rules for the law by the Healey Administration have some conservation and environmental groups in the Berkshires concerned.
The 97th amendment to the Massachusetts Constitution, more commonly referred to as Article 97, establishes the public’s right to public land and open space for various types of outdoor enjoyment.
Environmentalists worry that some of the fine print in the proposed regulations could whittle down Article 97’s spirit and intent. Concerns include the potential for the rules to allow industrial solar or wind farms on these lands, and how decisions are made about what the protected lands could be used for.
Berkshire County’s significant amount of Article 97 land that is relatively "cheap" compared to other areas of the state makes it more vulnerable to those who want to use it for something else, say local environmentalists and officials. Read the full article HERE
7) Three bills to prevent large-scale solar, wind, biomass, batteries, transmission lines or other energy infrastructure on state land.
These bills direct the commissioners in charge of state lands to disallow large energy projects.
An Act relative to watershed forest protection, sponsored by Representative Carmine Gentile https://malegislature.gov/Bills/194/HD2202
An act relative to forest protection, sponsored by Representative Carmine Gentile, https://malegislature.gov/Bills/194/HD2204
An Act relative to increased protection of wildlife management areas https://malegislature.gov/Bills/194/HD1477
8) Battery Storage Regulations:
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.
January 10, 2025 the Town of Wendell appealed the AG decision and it is now in court.
The land court docket number is 25 MISC 000014 . Click here and then enter the docket number for details
Wendell Board of Health
The Wendell Board of Health passed a health and safety regulation specifically for BESS on September 24, 2024
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
Shutesbury
Shutesbury also passed General Town Bylaw at Town Meeting to regulate large BESS for health, safety and welfare on March 4, 2024.
The Attorney General rejected this bylaw ad on December 26, 2024 the Town of Shutesbury appealed that decision.
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 Zoning Bylaw, to regulate large scale BESS.
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. 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.
January 13. 2013