Christine Rioux v. Executive Office of Energy and Environmental Affairs (SPR 20232682)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records November 17, 2023 SPR23/2682 Elizabeth Doherty, Esq. Deputy General Counsel Executive Office of Energy and Environmental Affairs 100 Cambridge Street, Suite 900 Boston, MA 02114 Dear Attorney Doherty: I have received the petition of Christine Rioux appealing the response of the Executive Office of Energy and Environmental Affairs (Office) to a request for public records. See G. L. c. 66 § 10A; see also 950 C.M.R. 32.08(1). On March 29, 2023, Ms. Rioux requested: …any and all background documents, policy directives or memos, presentations, and internal correspondence that will clarify the MEPA regulations and your interpretations of them regarding the following issues: [1.] Land alteration – what constitutes land alteration and what does not. [2.] Impervious and previous surface – what constitutes both and how to calculate and interpret net new impervious surface. [3.] Fail Safe criteria 11.04(1)(b)(1) and (2) – why are only ‘types’ of damage that did not exist prior to 1998 considered, rather than actual damage; the basis and original intent of the fail safe regulations described in detail; examples of damage to the environment that have met either of these two criteria. Previous appeals This request was the subject of previous appeals. See SPR23/0778 Determination of the Supervisor of Records (May 1, 2023) and SPR23/1604 Determination of the Supervisor of Records (July 25, 2023). In the July 25th determination, I ordered the Office to clarify if it possessed additional records responsive to the request. The Office responded on August 30, 2023. Unsatisfied with the response, Ms. Rioux petitioned this office and this appeal, SPR23/2682, was opened as a result. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Elizabeth Doherty, Esq. SPR23/2682 Page 2 November 17, 2023 Based upon a telephone conversation between a representative of the Office and a staff attorney of the Public Records Division, it is my understanding that the Office intends on providing a further response to Ms. Rioux to address her records request. Accordingly, the Office is ordered to provide Ms. Rioux with said response in a manner consistent with the Public Records Law and its Regulations within ten (10) business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Ms. Rioux may appeal the substantive nature of the Office’s response within ninety days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Christine Rioux