Mass. Gen. Laws ch. 164 § 69J 1/2

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 164:69J 1/2 - [Effective 2/18/2025] Fees for applications to construct energy facilities

Notwithstanding any general or special law to the contrary, the department may charge a fee as specified by its regulations for each application to construct a facility that generates electricity, a large clean energy generation facility, a small clean energy generation facility, a large clean energy storage facility, a small clean energy storage facility, a non-utility owned large clean transmission and distribution infrastructure facility or a small clean transmission and distribution infrastructure facility. If the application to construct any such facility is accompanied by an application to construct 1 additional facility that does not generate electricity, the department may charge a fee as specified by its regulations for the combined application. If an application to construct a facility that generates electricity is accompanied by applications to construct 2 additional facilities that do not generate electricity, the department may charge a fee as specified by its regulations for the combined application. If an application to construct a facility that does not generate electricity is filed separately, the department may charge a fee as specified by its regulations for each such application; provided, however, that, the department may charge a lower fee for applications to construct facilities that do not generate electricity and that are below a size to be determined by the department. Said fees shall be payable upon issuance of the notice of adjudication and public hearing.

The department may retain said fees for the purpose of reviewing applications to construct or consolidated permit applications for large clean energy infrastructure facilities, small clean energy infrastructure facilities or other facilities subject to this section and for the purpose of creating a clean energy infrastructure dashboard established under section 12N of chapter 25.

Any remaining balance of fees at the end of a fiscal year shall not revert to the General Fund but shall remain available to the department during the following fiscal year for the purposes of this section or section 12S of chapter 25.

The department shall issue an annual report summarizing the data and information required by this section, including, but not limited to:

(i) the number of applications filed for facilities, large clean energy infrastructure facilities and small clean energy infrastructure facilities, decided and pending;

(ii) the average duration of review; and

(iii) the average staffing levels; provided, however, that the annual report shall make use of bar charts, line charts and other visual representations in order to facilitate public understanding of events of the immediate preceding year and of long-term and cumulative trends and outcomes. The board shall file the report with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on telecommunications, utilities and energy not later than January 31.

Nothing contained in this section shall be interpreted as changing the statutory mandates of the department or board or the type of facilities that may be constructed by applicants that are not utilities. Nothing contained in this section shall be interpreted as changing the regulations or body of precedent of the department or board or interpreted as changing the rights of intervenors before the department or board.

Mass. Gen. Laws ch. 164, § 164:69J 1/2

Amended by Acts 2024, c. 239,§ 69, eff. 2/18/2025.

This section is set out more than once due to postponed, multiple, or conflicting amendments.