In a landmark move that could have widespread implications for the energy storage sector, the Massachusetts Attorney General’s Municipal Law Unit has disavowed the Town of Mansfield’s restriction on battery energy storage systems. In a letter dated September 19, 2023, the state’s chief legal officer effectively nullified the town’s limitation on these systems, imposed under Warrant Article S15 (Zoning) at the Wareham Special Town Meeting held on April 25, 2022, dubbed Case # 10603. JDSupra reports.
Most notably, the Attorney General’s Municipal Law Unit emphasized that stand-alone energy storage systems (ESS), and more specifically, battery energy storage systems (BESS), are protected by G.L. c. 40A, § 3. This provision of Massachusetts law prohibits local governments from adopting zoning measures that would prevent or unduly restrict the installation and utilization of such systems.
As part of their rationale, the Attorney General’s office underscored the critical role of battery energy storage systems in the modern energy landscape. These systems not only serve to support the renewable energy sector by compensating for the intermittent nature of renewable sources such as wind and solar but also contribute significantly towards a cleaner, more resilient, and efficient energy network.
The Attorney General’s stance bears significance in shaping the future of the rapidly evolving energy storage sector. It essentially safeguards the operation and deployment of energy storage systems, removing a regulatory barrier that could hinder the adoption and integration of these resources into the grid. This can, in turn, ensure the development and growth of a sector crucial for the successful transition towards more sustainable and reliable energy sources. Further, this bankruptcy can set a precedent for similar regulatory considerations in other jurisdictions.
The action by the Massachusetts Attorney General’s Municipal Law Unit reaffirms the importance of establishing legal and regulatory frameworks that recognize and uphold the merits of innovative energy technologies. The challenge presumably lies in striking a balance between addressing legitimate local concerns and facilitating technological advancements essential for the country’s energy sustainability and resilience.