Massachusetts “Industrial” Solar Siting: Who Does What?

 

Who are the the two key players

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Energy Facilities Siting Board (EFSB)

• The state board within the Department of Public Utilities.

• Handles one consolidated state permit for large clean-energy projects.

• Decisions replace most separate state, regional, and local permits.

• Must issue a decision within 15 months of a complete application.

• Appeals go directly to the Supreme Judicial Court

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Department of Energy Resources (DOER)

• Will create regulations, model rules, and guidelines.

• Does not permit projects.

• Will provide technical support to municipalities for small projects under local control, if asked for by the towns.

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What sizes/types each will manage

• Large projects will be managed by EFSB: Solar  greater than 25 Megawatts ( MW) (125–250 acres), wind or anaerobic digestion  greater than 25 MW, storage greater than 100 MW; will go through EFSB for a consolidated state permit.

• Small projects will be managed locally, with oversight from DOER: Solar less than 25 MW, storage less than 100 MW. Will go through a local consolidated permit process. with a permit issued by the municipality on a 12-month timeline. DOER will be writing  the rules and providing templates.

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Typical project sizes in Massachusetts:

• Most ground-mounted solar projects in MA today are less than 5 MW because that is the size than gets the most state funding. 

• Even projects considered 'large' locally (10–15 MW) are still below the state’s 25 MW threshold.

• A 25 MW array may cover 125–250 acres, which is unusually large for Massachusetts and not common to date.

• This means most current and foreseeable development is technically classified as 'small' under state law, even if it feels very large at the local level.

 

How the New Processes Work

 

For LARGE projects (EFSB):

• One application covers most permits.

• Applicants must provide a cumulative impact analysis.

• Decision deadline: 15 months.

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For SMALL projects (local):

• City/town issues one consolidated local permit.

• Decision due within 12 months of a complete application.

• DOER provides rules and technical help but does not approve/deny.

• After the regulations and guidelines are issued by DOER, the municipalities will be subject to those rules and DOER rules will override local bylaws that conflict with their regulations.

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Where local communities will still have influence

1) Large projects: Municipal boards and possibly residents can intervene, submit expert testimony, and propose permit conditions.

2) Small projects: Municipalities and their permit granting authorities retain this role under the new consolidated process, though it's important to note that municipalities will be subject to DOER rules if local bylaws conflict.

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Some practical takeaways for residents & boards

• Projects under 25 MW remain under municipal permitting; DOER will be establishing a community engagement process that will outline how this should happen.

• Projects  over 25 MW or storage over 100 MW trigger EFSB jurisdiction—municipalities can intervene. Some community groups can request intervenor status.

• Most solar projects in MA are well under 25 MW, so most development will still be decided locally.

• Rules are still being finalized; there is still time for communities to influence how much discretion towns have and how standards are set.

• For small projects, after the regulations and guidelines are issued by DOER, the municipalities will be subject to those rules even if local bylaws are more restrictive than DOER directives. In other words, DOER decisions will override local bylaws. 

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The SMART (Solar Massachusetts Renewable Target) Program

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This is the program that uses rate-payer money (on your electric bill every month) to subsidize solar projects in Massachusetts with the goal of encouraging solar development to meet the Commonwealth’s green energy goals.

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The SMART program was just updated (from version 2.0 to version 3.0), and we can assume the new siting guidelines and regulations for solar will be  closely related and compatible with the SMART program.

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The updated SMART 3.0 program subsidizes for solar up to 5 MW (about 25-40 acres) on a single property. 

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It subsidizes  for up to 7.5 MW of solar on agricultural land.

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It disallows solar on or overlapping forest core habitat land (1.2 of 3.2 forested acres in MA), permanently protected land, sensitive areas like marshes and wetlands, and and where more than 10 percent of the Project Footprint overlaps with the highest levels of forest carbon in Massachusetts, as detailed in the Department’s Guideline Regarding Land Use, Siting, and Project Segmentation.

 

There is overlap among these categories, including that about half or more of the core habitat land is also Article 97 (protected open space) land.

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It requires a mitigation fee if already undisturbed land is used for solar. We don't know yet what will happen with that money. 

 

It has extra subsidies for solar on the built environment. 

 

Source: https://www.mass.gov/info-details/smart-30-program-details

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What to Do? 

See our Take Action page for current recommended actions

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