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Town administrator: state law shifts permitting for large battery storage; Blandford may seek intervenor status

Select Board · July 14, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Town Administrator Cristina Ferrera told the Select Board that a recently enacted state law shifts permitting authority for large battery energy storage systems to state regulators, limiting local control, and outlined how Blandford could seek intervenor status if a developer files for a project affecting the town.

Town Administrator Cristina Ferrera told the Blandford Select Board on July 14 that a state law now places primary permitting authority for large battery energy storage systems (BESS) with state agencies, limiting towns’ local permitting power. Ferrera said that for projects above the 100‑megawatt‑hour threshold discussed at the meeting, developers would seek a zoning exemption from the Department of Public Utilities (DPU) before applying to the Energy Facilities Siting Board (EFSB), effectively removing local permitting authority.

Ferrera described the Intervenor status process the town could use if a developer files an application affecting Blandford: after the town receives official notice on the DPU/EFSB docket, Blandford would have 14 days to petition for Intervenor status, which would allow the town to submit evidence, file motions and briefs, cross‑examine proposed permit conditions and appeal decisions. Ferrera recommended that legal counsel represent the town in any intervenor proceedings rather than relying on a board or volunteer committee.

Ferrera also summarized the town’s current posture: she said there were no active BESS applications on the DPU or EFSB dockets for Blandford at the time of the meeting and described recent outreach the town has done, including a Select Board resolution previously sent to state officials and contact with neighboring towns and Springfield Water & Sewer. She urged civil, constructive participation from residents while promising continued updates via the town website.

Conservation Commission member Dick Gates reported the commission’s on‑site meeting with MA DEP and consultants for a proposed Blandford Storage, LLC site on North Blandford Road and said the applicant’s wetland markings were unclear. Gates said a peer review consultant recommended additional work and that the applicant agreed to reflag wetlands and return. Gates also raised concern that the property may provide habitat for the federally endangered Northern Long‑Eared Bat and said further ecological evaluation is needed.

A petition from residents requesting a special town meeting and stronger local bylaws for BESS and commercial solar siting was presented to the board; Ferrera said town counsel is reviewing the petition to determine whether proposed local bylaws would be preempted by state law. Ferrera described intergovernmental contacts and resources the town is using to track potential filings and next steps.

No formal state filing or permit was recorded at the meeting; Ferrera said the town’s next administrative steps include: having the Select Board meet with the Planning Board on July 28 to consider interim appointments and planning coordination, having counsel review the residents’ petition and standing by to file for Intervenor status within the statutory window if a developer files with the DPU/EFSB.