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Westford Board hears state BESS permitting overview and discusses local health safeguards
Summary
Presenters from NMCOG and MAHB told the Westford Board of Health on June 8 that Massachusetts's new consolidated permitting framework (225 CMR 29.00) centralizes approval for small clean energy facilities, including battery energy storage systems (BESS); the Board heard that it can still adopt stricter local public health regulations and agreed to coordinate early with other town boards.
Jennifer Raitt and Kelly Lynema of the Northern Middlesex Council of Governments (NMCOG) briefed the Westford Board of Health on the state's consolidated permitting framework for small clean energy facilities, including battery energy storage systems (BESS), at the board's June 8 meeting. They described 225 CMR 29.00 as creating a single permitting authority for siting and permitting and said NMCOG is helping Westford review zoning and bylaw language to identify gaps and recommend updates. NMCOG noted the state framework will take effect regardless of whether the town adopts local bylaw amendments.
Michael R. Hugo, JD, director of strategies and government relations for the Massachusetts Association of Health Boards (MAHB), told the board that local Boards of Health retain authority to adopt public health regulations that are more stringent than state standards. Hugo highlighted topics a health board may address when reviewing BESS proposals, including nuisances, environmental hazards, groundwater protection, noise, emergency response planning, site suitability and cumulative impacts, decommissioning, and protections for vulnerable populations. He outlined risks associated with BESS facilities cited in other Massachusetts towns, including thermal runaway fires and hazardous smoke emissions, and recommended the Board participate early in the consolidated permitting process and coordinate with other municipal departments.
Board members discussed these recommendations and emphasized proactive coordination with other town boards and staff. The presenters and staff explained that while the consolidated permit assigns a single authority for final permitting under state rules, the Board of Health will continue to review projects insofar as they touch public health jurisdiction and may consider drafting local regulations or conditions aimed at mitigating identified risks.
Next steps identified at the meeting included continued review of Westford's zoning and general bylaws with NMCOG assistance and early engagement by the Board of Health in the review process for any proposed BESS projects. No formal regulatory changes were adopted at the meeting.
