Section 69W: De novo adjudication of final decision of local government on consolidated permit application of small clean energy infrastructure facility
377 words·~2 min read·
/ma/part-i/title-xxii/chapter-164/69w·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[Text of section added by 2024, 239, Sec. 74 effective March 1, 2026. See 2024, 239, Sec. 139.]
Section 69W.
(a)An owner or proponent of a small clean energy infrastructure facility that has received a final decision on, or a constructive approval of, a consolidated permit application from a local government, as defined in section 21 of chapter 25A, or other parties substantially and specifically affected by the decision of the local government may submit a request for a de novo adjudication of the local permit application by the director. Subject to subsection
(g)of said section 21 of said chapter 25A, a local government may also submit a request for a de novo adjudication if their resources, capacity and staffing do not allow for review of a small clean energy infrastructure facility's permit application within the required maximum 12–month timeframe for local government review established in said section 21 of said chapter 25A. Review by the director of the request for de novo adjudication shall be deemed an adjudicatory proceeding under chapter 30A.
(b)A request for a de novo adjudication by an owner or proponent of a small clean energy infrastructure facility or other party substantially and specifically affected by a final decision of a local government shall be filed within 30 days of such decision.
(c)Upon determination that at least 1 party seeking a de novo adjudication is substantially and specifically affected, the director of the board shall review the request and the local government's final decision for consistency with the regulations adopting statewide permitting standards for such facilities established by the department of energy resources pursuant to section 21 of chapter 25A. The director shall render a decision on the request within 6 months of receipt of the application and such decision shall be final. If the local government's decision is found to be inconsistent with the regulatory standards established by the department of energy resources, the director may issue a final decision that supersedes the local government's prior decision and imposes new local permit conditions that are consistent with the laws of the commonwealth.
(d)The board shall establish regulations governing the process the director shall follow to conduct the review of requests for de novo adjudication under this section.