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H 4690

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 and creates a study commission to assess safety, environmental risks, and regulatory needs.

Hearing rescheduled to 11/13/2025 from 01:00 PM-05:00 PM in B-2 and Virtual Hearing location changed
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Bill Summary · H 4690

Summary: H.4690 — An Act establishing a temporary moratorium on the siting of lithium battery storage facilities

This summary explains the bill’s purpose, main provisions, who is affected, and key timelines. It uses the text as introduced and reflects the current legislative status.

Purpose and intent

  • Establishes a temporary, 18-month moratorium on issuing new permits for lithium-based battery storage facilities in Massachusetts.
  • Creates a study commission to evaluate environmental, public health, and safety risks and to recommend regulatory actions to ensure safe siting and operation.
  • Allows projects that have already received final approval before the act’s effective date to proceed, provided they comply with applicable safety and environmental laws.

Key provisions

Definitions (new section added to Chapter 164)

  • "Battery storage facility" means a facility that uses lithium-based batteries to store and distribute electrical energy.
  • "State permitting authority" includes state agencies responsible for energy infrastructure permits (e.g., Department of Public Utilities, Energy Facilities Siting Board).
  • "Study commission" is a panel of experts established under subsection (c) to study risks and regulatory needs.

Moratorium on siting (Section (b))

  • No new permits for constructing or operating lithium battery storage facilities may be issued for 18 months from the act’s effective date.
  • Facilities with final approval before the effective date may proceed, subject to compliance with safety and environmental regulations.

Study Commission on Lithium Battery Storage Risks (Section (c))

  • Composition (appointments by state leaders):
    • Secretary of Energy and Environmental Affairs (chair) 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 representative (appointed by the Attorney General)
    • Fire safety expert with storage-battery experience (appointed by the Speaker of the House)
    • Energy industry representative (appointed by the Senate President)
  • Duties:
    • Review fire hazards, contamination risks, and emergency response challenges
    • Assess adequacy of existing federal, state, and local regulations
    • Recommend regulatory and legislative actions to ensure safe siting and operation
  • Final report:
    • Due within 12 months from the act’s effective date
    • Submitted to the Governor, Legislature, and relevant state agencies

Moratorium expiration (Section (d))

  • Moratorium lasts 18 months or until the Legislature enacts new regulations based on the commission’s recommendations, whichever occurs first.

Effect and timing

  • Effective date: immediate upon passage.
  • The act directs a hearing process and reflects ongoing committee actions and scheduling (see Legislative Actions).

Affected parties

  • Lithium battery storage project developers and prospective applicants (pause on new permits)
  • State permitting authorities (e.g., DPU, Energy Facilities Siting Board)
  • Municipalities (local siting considerations and emergency planning)
  • Environmental and public health/safety stakeholders
  • Fire safety professionals and emergency responders
  • Environmental advocacy groups
  • Energy grid and storage industry sectors

Procedural and timeline notes

  • Hearing updates: The bill’s hearing was rescheduled to November 13, 2025.
  • Legislative actions show early referrals and committee processing, with Senate concurrence noted on 10/30/2025.
  • Related bill reference: HD 4558 is noted as related/replacing in the bill docket.

Potential impact

  • Temporarily halts new lithium battery storage siting to pause development while safety, fire, environmental, and regulatory questions are studied.
  • Commission findings could lead to updated siting standards and regulatory reforms before projects resume.
  • Provides a structured, multi-stakeholder review process to address fire hazards, contamination risks, emergency response, and regulatory adequacy.

If you’d like, I can tailor this summary to a specific audience (e.g., policymakers, developers, or local officials) or add a brief comparison to prior regulations on energy storage.

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

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