In prior editions of SU, Christine Rasmussen reported on passage of the 2024 Climate Act. To meet the goal of net-zero emissions by 2050, the Healey Administration had big goals for permitting reform: making permitting faster and more certain. However, significant solar and battery energy storage system (BESS) expansion, is creating friction in local towns over land use and safety. Facing the proposals for large-scale lithium-ion battery containers near residential areas and converting forests and farmland into energy storage sites, many municipalities, particularly in Western MA, are struggling to comply, or in some cases, resorting to lawsuits.
Fields known as BESS are used when the sun sets; batteries are needed to store the excess energy to provide power through the darkest hours. A large battery system might consist of rows of shipping containers in a fenced lot, with the containers holding hundreds of thousands of cells. Battery energy storage systems to store power are considered mandatory with the rise of intermittent energy sources such as wind and solar. BESS are credited with making energy more reliably available and reducing blackouts. However, according to the Electric Power Research Institute, beyond conflict over land use, there have been injuries and some deaths related to BESS fires. . To address this, the state is creating new requirements for battery-based energy storage systems that store energy generated by commercial facilities when the sun is shining.
However, the state should listen to the voices calling for more solar systems on residential and commercial properties thus preserving recreational space, agricultural land and forests.
The MA Municipal Association (MMA) represents all municipalities in the state and voiced the following concerns:
There is significant confusion regarding whether local bylaws that are more stringent than state regulations will remain valid.
Municipalities might face legal challenges if they do not adopt new ordinances that explicitly follow state procedures.
Town Clerks are identified as the default “Local Government Representative” for project applications. The MMA suggests that building inspectors would be more suitable points of contact.
MMA recommends expanding the definition of an “Abutter” to include those within 300 feet of a property line, which is standard in zoning. They also question the one-mile radius used to define “Key Stakeholders,” noting it has vastly different impacts in rural versus urban settings.
MMA suggests that without education and consensus building by the state, communities will face “immense pushback,” lawsuits, and “challenging decisions” regarding their permitting authority.
