Fast-Tracking Clean Energy: How the 2024 Climate Act Accelerates Clean Energy Siting & Permitting
In 2024, Massachusetts took a significant step toward a cleaner future with the passage of An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers, widely known as the 2024 Climate Act. This landmark law addresses one of the largest challenges to building renewable energy: slow and complicated siting & permitting.
For years, solar or wind projects could take several years toget approved by the host municipality or the state’s Energy Facilities Siting Board in the case of larger projects. The 2024 Climate Act changes that. Large projects (25 megawatts or more) must now be reviewed within 15 months, and smaller projects (25 megawatts or less) within 12 months. This means faster progress toward the state’s clean energy goals and quicker results for PowerOptions’ Members working to cut costs and emissions.
Two state agencies are leading the rollout. The Energy Facilities Siting Board (EFSB) is handling rules for large projects, while the Department of Energy Resources (DOER) oversees smaller ones. Projects of a very small scale may be exempt from these reviews altogether, including:
- Clean energy facilities with a footprint of one acre or less
- Solar installations up to 25 kilowatts (kW) AC
- Behind-the-meter systems up to 250 kilowatts (kW) AC
| Large Projects | Small Projects | Projects Exempt from Regulations | |
|---|---|---|---|
| Project Size | 25 MW or larger | Less than 25 MW | – Clean energy facilities with a footprint of one acre or less – Solar installations up to 25 kilowatts (kW) AC – Behind-the-meter systems up to 250 kilowatts (kW) AC |
| Regulatory Authority | Energy Facilities Siting Board | Department of Energy Resources | Department of Energy Resources |
| Link to Draft Regulations | EFSB 25-10 – Proposed Rulemaking | 225 CMR 29.00 – Small Clean Energy Infrastructure Facility Siting and Permitting | Exempt |
For most nonprofits and public entities, projects will fall into the “small” category, and many will qualify for exemptions entirely. For those who aren’t exempt, or for municipalities tasked with implementing DOER’s upcoming rules for small clean energy projects, it will be key to understand what’s next.
What are regulations?
Regulations are detailed rules that government agencies create to implement laws passed by the legislature. While laws (statutes) set the broad goals and authority (“what” and “why”), regulations detail the practical “how,” who is affected, what they must do, and how compliance will be monitored or enforced.
What happens next in the regulatory process?
After the legislature enacts a law, the responsible agency:
- Creates “proposed regulations,” publishes the draft text, impact analysis, and seeks public comment.
- Reviews comments and revises, modifies the draft based on feedback, data, and legal review.
- Issues “final regulations,” publishes the final text with an effective date; these rules now carry the force of law unless they are changed through new rulemaking or legislation.
What’s in the Proposed Regulations?
The Department of Energy Resources (DOER) has released detailed draft regulations to make it easier and faster for small clean energy projects (≤ 25 MW) to move from idea to reality. These rules lay out exactly what project developers and local governments must do before construction begins, streamlining what used to be a slow, fragmented process.
Before submitting a formal application, developers will go through a pre-filing process designed to ensure early coordination with communities. This includes calculating a “Site Suitability Score,” which helps determine how appropriate a proposed location is for renewable energy, including protections for valuable natural land. Developers must provide a detailed site plan, environmental documentation, and a report explaining why the site was chosen. Local governments will then review these materials and may recommend mitigation measures, such as steps to reduce environmental or community impacts.
If the site earns a “highly suitable” score, local governments can’t require additional mitigation (i.e., measures that repair, rehabilitate, or restore the natural area affected by the clean energy project), helping ideal projects move forward quickly. On the other hand, if a site is rated “highly unsuitable,” towns can require compensation or environmental fees to offset potential impacts. Applicants must also hold a public meeting with at least 14 days’ notice, send notices to nearby property owners, and post information online, ensuring local residents can weigh into the process early.
Once pre-filing is complete, the developer is ready to submit a Consolidated Local Permit Application, a single, comprehensive submission that replaces the need to apply to multiple boards separately. This application bundles all local approvals, including building, zoning, and environmental permits, into one coordinated review. It must include site plans, environmental studies, emergency response plans, and documentation of labor, workforce, and diversity commitments.
Local governments have 30 days to confirm whether the application is complete and 12 months to issue a final decision. If they fail to act within that timeframe, the project may be automatically approved under standard conditions, a strong incentive to keep the process moving.
What This Means for Municipalities
For some cities and towns, these new regulations represent a major shift. Local governments now play a central role in coordinating all parts of the clean energy permitting process. To help, the DOER is providing Regulatory Circuit Riders, specialized staff who can advise municipalities and applicants at no cost. These experts can help towns interpret site scores, review applications, and even resolve disputes.
Municipalities can continue using their existing siting and permitting rules until November 30, 2026, but after that, they must adopt the new DOER framework. To make the transition easier, the state has also released Model Permitting Bylaws, for solar and for battery storage, that towns can adopt directly. These models will set clear roles, deadlines, and fee structures to ensure consistent, timely reviews. These bylaws are currently released in draft form and are being reviewed based on public feedback. The draft bylaws can be found below:
What This Means for Nonprofits and Public Entities
For nonprofits, schools, and other public entities, most projects will qualify as “small” under the new rules, and many may be exempt from the siting and permitting process altogether. Those who do need approval will find the process more predictable and transparent. The single-application approach and defined review timelines will allow organizations to better plan budgets and construction schedules.
Applicants must respond promptly to any requests for information made by their local government, typically within three business days, and submit any revisions within seven business days. While the rules are detailed, they’re also designed to minimize uncertainty and speed up clean energy adoption for organizations.
With clear timelines, accessible support, and a streamlined review structure, Massachusetts’ new permitting process aims to make clean energy projects faster to build and easier to manage, for both developers and communities.
Stay Connected and Informed
If your organization is considering investing in renewable energy, now is the time to act. Federal clean energy tax credits (ITC) can cover 30% of project costs for projects that begin construction by July 4, 2026, or are placed in service by December 31, 2027. By combining the ITC with available state incentives, you can significantly lower upfront costs and maximize long-term energy savings.
If you have questions about what these changes mean for you, we’re here to help. Contact our Regulatory and Policy Analyst, Sophia Gosselin-Smoske, at sgosselinsmoske@poweroptions.org.