Planning board moves forward on grid-scale battery bylaw despite pending state rules

On May 22, 2025, the Hubbardston Planning Board discussed proposed Article 26, a zoning bylaw to regulate grid-scale battery energy storage systems, and agreed to advance a town-level bylaw with minor revisions rather than indefinitely postponing the item pending state rulemaking.

The move matters because the Massachusetts Legislature and state regulators are preparing regulations for battery storage installations that the board expects to be finalized in 2026; those state rules could preempt parts of a local bylaw. The planning board debated whether to pause the local effort or adopt a bylaw now to have local standards in place in the interim.

Alec Wade, the town planner, told the board the state is preparing separate regulatory treatment for different system sizes and that the town’s current draft should be kept, with small edits, so Hubbardston has a local framework while the state finalizes its rules. “In the interim, my recommendation is you should proceed with your bylaw with the minor revision cited here provided by Carolyn Murray,” Wade said. Wade and other board members noted the board’s draft distinguishes tiers by aggregate energy capacity: systems under 0.5 megawatts (MW), a mid tier around 0.5–1 MW, and larger installations above 1 MW. Wade said a broader utility exemption is expected to apply to very large installations under forthcoming state law, and that exemptions for installations on the order of 100 MW would remove local control for those projects.

Carolyn Murray, legal counsel (KP Law), had proposed two options: (1) postpone or remove the article to avoid conflict with state rules, or (2) adopt a revised bylaw now and expect some future edits when the state publishes regulations. Murray also provided technical edits and motions the board could use if it decided to proceed. Board members and Wade emphasized that having a town bylaw now would give the town interim authority and guidance while recognizing the Attorney General or later state rules might alter enforceability.

Board members discussed technical standards referenced in the draft, including NFPA 855 sections and large-system fire-test data (UL 9540A), and asked for clarification about when specific safety and commissioning documentation would be required. Wade confirmed several provisions in the draft (safety data sheets, commissioning plans and NFPA compliance) and noted the board had already removed some problematic language in an updated draft. Members also flagged a recurring issue: inconsistent versions of the draft were previously submitted to the town warrant and legal counsel. Wade and the chair asked staff to ensure the correct, up-to-date version is sent to legal counsel before the warrant deadline.

The board’s working outcome was to proceed with the bylaw submission using the planner’s revised draft and to incorporate Carolyn Murray’s minor edits, rather than indefinitely postponing Article 26. No formal roll-call vote was recorded on the floor; the meeting record shows consensus to move forward and to send the corrected draft to legal counsel for final review. The board also acknowledged the state is expected to publish more detailed regulations in mid-2026, at which point local language may require further revision.

Next steps: the town planner will circulate the version intended for legal review, the board will confirm that the correct draft is placed on the warrant for Town Meeting, and staff will monitor state rulemaking when it is released.