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Bill

HD 4558

An Act establishing a temporary moratorium on the siting of lithium battery storage facilities

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 11 co-sponsors

Imposes an 18-month moratorium on new lithium battery storage facility permits in MA to study fire/safety risks and environmental risks, with a commission to propose safeguards.

Reported, referred to the committee on Joint Rules, reported, rules suspended and referred to the committee on Telecommunications, Utilities and Energy
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Bill Summary · HD 4558

Summary of: An Act establishing a temporary moratorium on the siting of lithium battery storage facilities (HD 4558)

Overview

  • Purpose: Establish an 18-month temporary moratorium on issuing new permits for lithium-based battery storage facilities in Massachusetts and create a study commission to assess risks, regulatory needs, and safety considerations. The act aims to pause new siting while a comprehensive review of environmental, public health, and safety implications is conducted.
  • Long-term aim (through commission): Recommend regulatory and legislative actions to ensure safe siting and operation, with final recommendations due within 12 months of the act’s effective date.

Key Provisions

Moratorium on Siting

  • A new section is added to Chapter 164: Temporary Moratorium on Lithium Battery Storage Facility Siting.
  • Moratorium duration: 18 months from the act’s effective date.
  • New permits: No new permits may be issued for construction or operation of lithium battery storage facilities during the moratorium.
  • Exceptions: Facilities that received final approval before the act’s effective date may proceed, provided they comply with all applicable safety and environmental regulations.
  • Expiration or termination: The moratorium ends after 18 months or sooner if the Legislature enacts new regulations based on the study commission’s recommendations, whichever occurs first.

Definitions

  • “Battery storage facility”: A facility that uses lithium-based batteries to store and distribute electrical energy.
  • “State permitting authority”: Any state agency responsible for granting permits related to energy infrastructure (e.g., Department of Public Utilities, Energy Facilities Siting Board).

Study Commission on Lithium Battery Storage Risks

  • Composition (appointed by various leaders and officials):
    • Chair: Secretary of Energy and Environmental Affairs (or designee)
    • State Fire Marshal (or designee)
    • Commissioner of the Department of Environmental Protection (or designee)
    • Two municipal government representatives (appointed by the Governor)
    • Environmental advocacy organization representative (appointed by the Attorney General)
    • Fire safety expert with battery storage experience (appointed by the Speaker of the House)
    • Energy industry representative with grid storage expertise (appointed by the Senate President)
  • Duties:
    • Conduct a comprehensive review of fire hazards, contamination risks, and emergency response challenges.
    • Assess the adequacy of existing federal, state, and local regulations.
    • Recommend regulatory and legislative actions to ensure safe siting and operation.
  • Deliverable: Final report with recommendations due to the Governor, Legislature, and relevant state agencies no later than 12 months after the act’s effective date.

Implementation and Effect

  • Effective date: Immediate upon passage.
  • State regulatory impact: Requires the Department of Public Utilities, Energy Facilities Siting Board, and other relevant agencies to participate in the moratorium and the commission’s work.
  • Interaction with existing projects: Projects with final approval prior to the act’s effective date may proceed subject to existing regulations.

Legislative and Sponsorship Details

  • Introduced: April 24, 2025
  • Filed: April 10, 2025
  • Status trajectory: Reported, referred to the committee on Joint Rules; rules suspended and referred to the committee on Telecommunications, Utilities and Energy (as of the most recent action).
  • Primary sponsor: Rep. Kelly W. Pease (Westfield)
  • Cosponsors include: Lindsay N. Sabadosa, Donald R. Berthiaume Jr., Homar Gómez, James C. Arena-DeRosa, Peter J. Durant, John J. Marsi, David F. DeCoste, John C. Velis, Steven George Xiarhos, Kenneth P. Sweezey, among others.

Potential Impacts and Considerations

  • Short-term: Pause on new lithium battery storage siting may slow project development but creates breathing room to study risks and improve safety standards.
  • Long-term: Recommendations could lead to new state regulations governing siting, safety protocols, emergency response planning, and environmental protections for battery storage facilities.
  • Stakeholders affected: Developers and operators of battery storage facilities, electric utilities, local governments, public safety agencies, environmental groups, and residents in areas targeted for storage facilities.

Note on Status and Context

  • This bill is a proposed act, with formal legislative steps and committee referrals noted. It represents a temporary regulatory pause paired with a detailed expert study to inform future policy.

If you’d like, I can include a concise one-page briefing for policymakers or stakeholders highlighting what would change in practice for permitting timelines and local government involvement.

Compiled from official sources — confirm details with the bill’s official record.

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