Notes on ENERGY FACILITIES SITING BOARD CUMULATIVE IMPACT ANALYSIS AND STANDARDS FOR APPLYING SITE SUITABILITY CRITERIA

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Janet Sinclair

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Feb 25, 2026, 12:20:20 PMFeb 25
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Hello All, 

Related to topics discussed at our recent meeting, I am sending this along. 

And in case you have not looked at this.

The Cumulative Impact Analysis ( CIA) for large ( over 25 MW generation or over 100 MW storage ( BESS)) are required for projects that are in "burdened" communities. There is a map ( below) that shows where these communities are. Someone can petition the Energy Facilties Siting Board for a CIA  for a community not on the map. (highlighted below.). But if you are not on the map, you can be facing a massive project and there will be no CIA.

For "small" projects, such as pretty much all solar and associated batteries, there will be no CIA unless the project gets shipped out of local permitting and over to EFSB. Then it will be required, apparently, though this makes little sense to me given the rest of the regs. . 


If a CIA gets done, and the project negatively affects a community, ( or I guess we should say will be determined to be overly negatively impactful because any project will be a negative), the standard will be  "avoid, minimize or mitigate". But it will not mean to not do the project, necessarily.

 These strategies are supposed to stay separate from any kinds of cummunity benefits agreements, that now are mostly in the form of PILOT payments. In other words, this is not supposed to be "pay to play". I really don't know that the CIA will matter much because the standards for health and safety, that are not finished yet and are supposed to have hearings in the future,  will have to include many of the same areas of concern. Just my take on it. 

Bottom line: For us, we can assume that just because a town has hundreds of acres of panels and many "small" battery projects, whatever we think of a bad accumulation of impacts, I am not seeing that it matters when it comes to permitting. 



Janet

all sources are here: 


The purpose of those provisions is to evaluate existing environmental burdens and related public health consequences in a Specific Geographical Area (“SGA”) proximate to a proposed Project location, and to assess whether the Project would result in any Disproportionate Adverse Effects, including environmental and public health impacts, or the effects of climate change.  

Burden means a negative effect such as destruction, damage or impairment of natural resources that is not insignificant, including but not limited to, climate change, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or stormwater flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial, or government or private operations or activity that contaminates or alters the quality of the environment and public health.   

Burdened Area means a Census Block Group, which is subject to an existing unfair or inequitable environmental burden or related health consequence.  980 CMR 15.00 identifies Burdened Areas as those areas that have a MassEnviroScreen Score (MES Score) of 75 or greater (i.e., at or above the 75th percentile, statewide), or an annual median household income of 65 percent or less of the statewide annual median household income.  

Cumulative Impact means the combined effects of past and present private, industrial, commercial, state, or municipal projects, operations, development, and other economic activities, in addition to the effects of the proposed Project on:  (1) the environment; (2) public health; and (3) reasonably foreseeable effects of climate change.  For purposes of 980 CMR 15.00, Cumulative Impact is determined for the area where a Project’s SGA intersects one or more Burdened Area(s).  

Project Impact means an effect on the environment, socioeconomic and public health conditions, or climate change resiliency, resulting from construction and operation of the Project.  A Project Impact can be either positive or negative. 

MassEnviroScreen (MES) means a GIS-based mapping tool developed and administered by the Office of Environmental Justice and Equity that uses Indicators to produce an MES Score and provide Indicator data for every Census Block Group across the Commonwealth. 



Site Suitability Mapping Tool means a web-based mapping tool established and maintained by the EEA in accordance with the Site Suitability Guidance, which contains geographic information system data layers used to determine Criteria-Specific Suitability Scores.  The mapping tool shall have the capability to automatically calculate a CEIF’s Criteria-Specific Site Suitability Scores by delineating the CEIF Site Footprint in the mapping tool.  

(2) If the proposed Project’s SGA does not intersect any Burdened Areas, no further CIA evaluation is necessary.  However, a CEIF Project having an SGA that does not intersect a Burdened Area may be required to provide a Site Suitability Report, as applicable.  See 980 CMR 15.10. 

(5) For a Project deemed to have a Disproportionate Adverse Effect, the Applicant must propose Remedial Actions that avoid, minimize, or mitigate such adverse effects. 

) Petition for a CIA in a Non-Burdened Area.  A Key Stakeholder may petition the Director of the Board requesting that an Applicant be required to conduct a CIA for a Census Block Group, intersecting the SGA, which is not a Burdened Area pursuant to 980 CMR 15.04(1): Determination of Burdened Areas, and to include the results of such CIA in its CIA Report filed pursuant to 980 CMR 15.09: Contents of CIA Report. 

15.10:  Standards for Applying Site Suitability Guidance.  In 980 CMR 15.00, the Board follows the “Site Suitability Guidance” for CEIF, as issued and updated from time to time by EEA. 

(2) Pre-filing.  Applicants shall utilize the Site Suitability Mapping Tool, pursuant to instructions provided in the Site Suitability Guidance, to derive the anticipated CriteriaSpecific Suitability Scores for a proposed CEIF prior to submitting an Application for a Consolidated Permit or Consolidated State Permit to the Board.  Applicants shall share these anticipated Criteria-specific Suitability Scores with stakeholders during the PreFiling process, per 980 CMR 16.00. 


 Developers pursuing a consolidated local permit for small clean energy infrastructure projects reviewed by a local government are not required to conduct a CIA under these Standards and Guidelines, though a small clean energy infrastructure project reviewed by the EFSB is required to conduct a CIA. 

The 2024 Climate Act Statute at M.G.L. Chapter 164, §69G, as amended by Section 53 of the Acts of 2024, Chapter 239 defines the following:  “Cumulative Impact Analysis,” a written report produced by the applicant   assessing impacts and burdens, including but not limited to any existing   environmental burden and public health consequences impacting a specific  geographical area in which a facility, large clean energy infrastructure facility or  small clean energy infrastructure facility is proposed from any prior or current  private, industrial, commercial, state or municipal operation or project; provided,  that if the analysis indicates that such a geographical area is subject to an  existing unfair or inequitable environmental burden or related health  consequence, the analysis shall identify any: (i) environmental and public health  impact from the proposed project that would likely result in a disproportionate  adverse effect on such geographical area; (ii) potential impact or consequence  from the proposed project that would increase or reduce the effects of climate  change on such geographical area; and (iii) proposed potential remedial actions  to address any disproportionate adverse impacts to the environment, public  health and climate resilience of such geographical area that may be attributable  to the proposed project. Said cumulative impact analysis shall be developed in  accordance with guidance established by the Office of Environmental Justice and Equity established pursuant to section 29 of chapter 21A and regulations  promulgated by the board. 


The purpose of these guidelines is to establish a clear and consistent framework for the preparation of a CIA that incorporates cumulative impacts and environmental justice considerations in siting and permitting decisions for energy infrastructure projects, particularly as they impact areas experiencing an existing unfair or inequitable environmental burden or related public health consequence. This document outlines the core principles of a CIA and provides a practical roadmap for integrating those principles into the regulatory and decision-making processes of the EFSB. Developers pursuing a consolidated local permit for small clean energy infrastructure projects reviewed by a local government are not required to conduct a CIA under these Standards and Guidelines, though a small clean energy infrastructure project reviewed by the EFSB is required to conduct a CIA. 









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