225 CMR 14.02
Definitions
Aggregation. A group of one or more Generation Units that receives a single Statement of
Qualification from the Department under criteria and procedures set forth in 225 CMR 14.05(6).
Alternative Compliance Credit. A credit obtained by a Retail Electricity Supplier upon making
an Alternative Compliance Payment. Such credit is used to document compliance with 225 CMR
14.07. One unit of credit shall be equivalent to one RPS Class I Renewable Generation Attribute,
Solar Carve-out Renewable Generation Attribute, or Solar Carve-out II Renewable Generation
Attribute.
Alternative Compliance Payment (ACP). A payment of a certain dollar amount per MWh,
resulting in the issuance of Alternative Compliance Credits, which a Retail Electricity Supplier
may submit to the Department in lieu of providing RPS Class I Renewable Generation
Attributes, Solar Carve-out Renewable Generation Attributes, or Solar Carve-out II Renewable
Generation Attributes required under 225 CMR 14.07.
Assurance of Qualification. A communication issued by the Department to Solar Carve-out II
Renewable Generation Units that provides Solar Carve-out II Renewable Generation Units with
an assurance of qualification prior to being granted the approval to interconnect by their local
Distribution Company, and sets deadlines for receiving the approval to interconnect to the grid
in order to maintain this Assurance of Qualification.
Authorized Agent. A person or entity that serves under an agreement entered into by each of the
Owners or Operators of Generation Units within an Aggregation for all dealings with the
Department and with the NEPOOL GIS.
Biomass Fuel Certificate. A certificate issued in accordance with rules established by the
Department in the Guideline on Eligible Biomass Fuel for Renewable Generation Units that:
(a) quantifies the supply of Eligible Biomass Woody Fuel or Manufactured Biomass Fuel;
(b)
specifies the source of the Eligible Biomass Woody Fuel or Manufactured Biomass
Fuel; and
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(Mass. Register #1484, 12/09/2022)
(c) specifies the eligibility of the Eligible Biomass Woody Fuel or Manufactured Biomass
Fuel as Forest Derived Residues, Forest Derived Thinnings, Forest Salvage, or Non-forest
Derived Residues.
Blended Fuel. A liquid or gaseous fuel that is blended from both Eligible RPS Class I
Renewable Fuel(s) and ineligible fuel(s), a portion of whose electrical energy output may qualify
as RPS Class I Renewable Generation under criteria set forth in 225 CMR 14.05(3).
Brownfield. A disposal site that has received a release tracking number from MassDEP pursuant
to 310 CMR 40.0000: Massachusetts Contingency Plan, the redevelopment or reuse of which
is hindered by the presence of oil or hazardous materials, as determined by the Department, in
consultation with MassDEP. For the purposes of Brownfield, the terms "disposal site", "release
tracking number", "oil", and "hazardous materials" shall have the meanings giving to such terms
in 310 CMR 40.0006: Terminology, Definitions and Acronyms. No disposal site that otherwise
meets the requirements of 225 CMR 14.02: Brownfield shall be excluded from consideration
as a Brownfield because its cleanup is also regulated by the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-9675, the Resource Conservation
and Recovery Act, 42 U.S.C §§ 6921-6939g, or any other federal program.
Building Mounted Solar Generation Unit. A solar photovoltaic Generation Unit with at least
75% of the nameplate capacity of the solar modules used for generating power installed on a
building.
Business Day. A business day shall mean Monday through Friday, exclusive of state and federal
legal holidays.
Certificates Obligation. A term defined in the NEPOOL GIS Operating Rules at Rule 4.1(b).
Clean Wood. As defined in 310 CMR 19.006: Clean Wood.
Commercial Operation Date. The date that a Generation Unit first produces electrical energy for
sale within the ISO-NE Control Area or within an adjacent Control Area. In the case of a
Generation Unit that has been moved from a location within the ISO-NE Control Area or within
an adjacent Control Area to another location in one of those Control Areas, the date that such
Generation Unit first produced electrical energy for sale at its earliest location in those Control
Areas. In the case of a Generation Unit that is connected to the End-use Customer's side of the
electric meter, the date on which the local Distribution Company grants approval for the
Generation Unit to interconnect with the grid. In the case of a Generation Unit that produces
Off-grid Generation, the date that such Generation Unit first produces electrical energy. In the
case of a Generation Unit that meets the eligibility requirements of 225 CMR 14.05 and co-fires
an Eligible RPS Class I Renewable Fuel, the date when the Generation Unit first co-fires such
Eligible RPS Class I Renewable Fuel.
Community Shared Solar Generation Unit. A solar photovoltaic Generation Unit that provides
net metering credits to three or more utility accounts, whose participants have an interest in the
production of the Generation Unit or the entity that owns the Generation Unit, in the form of
formal ownership, a lease agreement, or a net metering contract. No more than two participants
may receive net metering credits in excess of those produced annually by 25 kW of nameplate
DC capacity, and the combined share of said participants' capacity shall not exceed 50% of the
total capacity of the Generation Unit.
Compliance Filing. A document filed annually by a Retail Electricity Supplier with the
Department documenting compliance with 225 CMR 14.07, consistent with the format set forth
in the Guidelines and submitted no later than the first day of July, or the first Business Day
thereafter, of the subsequent Compliance Year.
Compliance Year (CY). A calendar year beginning January 1st and ending December 31st, for
which a Retail Electricity Supplier must demonstrate that it has met the requirements of
225 CMR 14.07 and 14.08.
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Control Area. A geographic region in which a common generation control system is used to
maintain scheduled interchange of electrical energy within and without the region.
DCR. The Massachusetts Department of Conservation and Recreation (DCR) established by
M.G.L. c. 21, § 1.
Distribution Company. A distribution company as defined in M.G.L. c. 164, § 1.
Department. The Massachusetts Department of Energy Resources (DOER), established by
M.G.L. c. 25A.
Eligible Biogas Fuel. A gaseous fuel that is produced by the contemporaneous bacterial
decomposition or thermal gasification of Eligible Biomass Fuel. Eligible Biogas Fuel does not
include natural gas, but does include renewable natural gas, which is Eligible Biogas Fuel
upgraded to a quality similar to natural gas.
Eligible Biomass Fuel. Fuel sources consisting of the following:
(a) Eligible Biomass Woody Fuel;
(b) Manufactured Biomass Fuel;
(c) Eligible Biogas Fuel;
(d) by-products or waste from animals or agricultural crops;
(e) food or vegetative material;
(f)
algae;
(g) organic refuse derived fuel; and
(h) Eligible Liquid Biofuel.
Eligible Biomass Woody Fuel. Woody fuels that are derived from the following sources,
consistent with the requirements of 225 CMR 14.05(8):
(a) Forest Derived Residues.
Tops, crooks and other portions of trees produced as a byproduct, and trees
collaterally damaged, during the normal course of harvesting material, such as timber,
pulpwood or cordwood in the implementation of a silvicultural prescription as
administered by a licensed or certified forester as prescribed in the Department's
Guideline on Eligible Biomass Fuel for Renewable Generation Units.
Trees and portions of trees harvested for the purpose of the restoration and
management of habitat for rare and endangered species as listed by the Massachusetts
Division of Fisheries and Wildlife. Qualifying harvest areas must be approved by the
Massachusetts Division of Fisheries and Wildlife Natural Heritage Program.
3. Other woody vegetation that interferes with regeneration or the natural growth of the
forest, limited to locally invasive native species and non-native invasive woody
vegetation.
(b) Forest Derived Thinnings.
1. Unacceptable growing stock which is defined as trees considered structurally weak
or have low vigor and do not have the potential to eventually yield an eight-foot sawlog
or survive for at least the next ten years.
2. Trees removed during thinning operations, the purpose of which is to reduce stand
density and enhance diameter growth and volume of the residual stand.
(c) Forest Salvage.
1. Damaged, dying or dead trees removed due to injurious agents, such as wind or ice
storms or the spread of invasive epidemic forest pathogens, insects and diseases or other
epidemic biological risks to the forest, but not removed due to competition. Such eligible
trees may be removed without limitation for biomass fuel, only if the injurious agent is
a threat to forest health or risk to private or public resources, and if the United States
Department of Agriculture Animal and Plant Health Inspection Service, the United States
Department of Agriculture Forest Service, or appropriate federal or state governmental
agency has issued a declaration, rule, or order declaring a major threat to forest health or
risk to private or public resources, or if they are harvested through a DCR-approved
cutting plan.
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Trees removed to reduce fire hazard within fire-adapted forest ecosystems, as
certified by a letter to the Department from the state agency responsible for forestry in
consultation with the appropriate environmental state agencies.
(d) Non-forest Derived Residues.
Forest Products Industry. Residues derived from wood products manufacturing
consisting of Clean Wood.
2. Land Use Change – Agricultural. Trees cut or otherwise removed in the process of
converting forest land to agricultural usage, either for new or restored farm land.
3. Wood Waste. Post-consumer wood products from Clean Wood; pruned branches,
stumps, and whole trees removed during the normal course of maintenance of public or
private roads, highways, driveways, utility lines, rights of way, and parks.
4. Agricultural Wood Waste. Pruned branches, stumps, and whole trees resulting from
maintenance activities directly related to the production of an agricultural product that
is not Clean Wood.
Eligible Landfill. A landfill that has received an approval from MassDEP for the use of a solar
photovoltaic Generation Unit at the landfill as a post-closure use pursuant to 310 CMR 19.143:
Post-closure Use of Landfills.
Eligible Liquid Biofuel. A liquid fuel that is derived from organic waste feedstock and meets
the standards for advanced biofuels under the Environmental Protection Agency's Renewable
Fuel Standard (RFS2) program. Organic waste feedstocks shall include, but not be limited to,
waste vegetable oils, waste animal fats, or grease trap waste. Eligible Liquid Biofuel shall not
include petroleum-based waste or Hazardous Waste as defined in 310 CMR 40.0006:
Terminology, Definitions, and Acronyms, unless otherwise determined by the Department in
consultation with MassDEP.
Eligible RPS Class I Renewable Fuel. An Eligible Biomass Fuel, hydrogen derived from such
fuels or hydrogen derived from water using the electrical output of a Renewable Generation Unit,
but not hydrogen derived using RPS Class I Renewable Generation if the RPS Class I Renewable
Generation Attributes of such Generation are sold, retired, claimed, used or represented as part
of electrical energy output or sales, or used to satisfy regulatory obligations in any jurisdictions,
and not hydrogen derived directly or indirectly from ineligible fuels.
Emergency Power Generation Unit. A solar photovoltaic Generation Unit installed for the
purpose of providing 67% or more of its annual electric output to be used on-site as prescribed
by 225 CMR 14.09(2)(a) at critical infrastructure that can be utilized in the event of an
emergency or power outage. For purposes of Emergency Power Generation Unit, critical
infrastructure includes, but is not limited to, the following: hospitals, police and fire stations,
airports, emergency management agencies, acute/post-acute medical facilities with life sustaining
equipment, water and sewer treatment facilities, pump stations, evacuation centers, and
emergency communications centers that serve a life safety function.
End-use Customer. A person or entity in Massachusetts that purchases electrical energy at retail
from a Retail Electricity Supplier, except that a Generation Unit taking station service at
wholesale from ISO-NE or self-supplying from its owner's other generating stations, shall not
be considered an End-use Customer.
Generation Attribute. A non-price characteristic of the electrical energy output of a Generation
Unit including, but not limited to, the Generation Unit's fuel type, emissions, vintage and RPS
eligibility.
Generation Unit. A facility that converts a fuel or an energy resource into electrical energy.
Geothermal Energy. Heat energy stored in the Earth's crust that can be accessed for electric
power generation.
GIS Certificate. An electronic record produced by the NEPOOL GIS that identifies Generation
Attributes of each MWh accounted for in the NEPOOL GIS.
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Guideline. A set of clarifications, interpretations, and procedures, including forms, developed
by the Department to assist in compliance with the requirements of 225 CMR 14.00. The
Department may issue new or revised Guidelines from time to time. Each Guideline shall be
effective on its date of issuance or on such date as is specified therein, except as otherwise
provided in 225 CMR 14.00.
Historical Generation Rate. The average annual electrical production from a Vintage Generation
Unit that meets the requirements of 225 CMR 14.05(1)(a), stated in MWhs, for the three calendar
years 1995 through 1997, or for the first 36 months after the Commercial Operation Date if that
date is after January 1, 1995.
Hydroelectric Energy. Electrical energy from a Generation Unit that uses flowing freshwater as
the primary energy resource, with or without a dam structure or other means of regulating water
flow, and that is not located at a facility that uses mechanical or electrical energy to pump water
into a storage facility (i.e., a so-called "pumped-storage facility").
Impacted Watershed. All water bodies or areas of land hydrologically connected to a
hydroelectric facility, whether located upstream or downstream, which may experience any
alteration of their physical, biological, or ecological characteristics as a result of the operation
or increased capacity expansion of a hydroelectric Generation Unit.
ISO-NE. ISO New England Inc., the independent system operator for New England, the regional
transmission organization for most of New England, which is authorized by the Federal Energy
Regulatory Commission (FERC) to exercise for the New England Control Area the functions
required pursuant to the FERC's Order No. 2000, the FERC's corresponding regulations.
ISO-NE Settlement Market System. The ISO-NE's electronic database system into which all
real-time load and generation data are entered and from which such data are provided to the
NEPOOL GIS.
Low Impact Hydropower Institute (LIHI). A non-profit 501(c)(3) organization whose stated
purpose is to reduce the impacts of hydropower generation through the certification of
hydropower projects that have avoided or reduced their environmental impacts pursuant to the
Low Impact Hydropower Institute's criteria.
Manufactured Biomass Fuel. A biomass fuel that is prepared, other than by means of fuel
drying, through a fuel processing facility that is separate from a Generation Unit and that utilizes
Eligible Biomass Woody Fuel for production. Examples include, but are not limited to, the
mechanical production of wood pellets or bio-dust, and the refinement of bio-oil through
pyrolysis.
Marine or Hydrokinetic Energy. Electrical energy derived from waves, tides and currents in
oceans, estuaries and tidal areas; free-flowing water in rivers, lakes, streams, and human-made
channels, provided that such water is not diverted, impounded, or dammed; or differentials in
ocean temperature, called ocean thermal energy conversion.
Massachusetts Clean Energy Technology Center (MassCEC). The center established in M.G.L.
c. 23J, § 2.
Massachusetts Renewable Energy Trust. The Trust under M.G.L. c. 23J, § 9, which administers
renewable energy programs for the Commonwealth.
MassDEP. The Massachusetts Department of Environmental Protection established by
M.G.L. c. 21A, § 7.
Megawatt (MW). A unit of power equal to one million watts.
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Megawatt-hour (MWh). A unit of electrical energy or work equivalent to one million watts of
power operating for one hour, or, for the purpose of thermal energy, a unit of energy equal to
3,412,000 British Thermal Units (Btu).
Merchantable Bio-products. Products that are refined from a biomass fuel by a bio-refinery
project in which the Generation Unit is integral. Products include, but are not limited to,
merchantable chemicals such as additives, lubricants, or specialty chemicals, and other products
which can be permanently sequestered for carbon reductions.
NEPOOL GIS. The NEPOOL Generation Information System, which includes a generation
information database and certificate system, operated by the New England Power Pool
(NEPOOL), its designee or successor entity, that accounts for Generation Attributes of electrical
energy consumed and generated within, imported into, or exported from the ISO-NE Control
Area.
Off-grid Generation. The electrical energy produced by a Generation Unit that is not connected
to a utility transmission or distribution system.
Operator. Any person or entity that has charge or control of a Generation Unit subject to
225 CMR 14.00, including without limitation a duly authorized agent or lessee of the Owner, or
a duly authorized independent contractor.
Opt-in Term. The number of calendar quarters that a Solar Carve-out Renewable Generation
Unit may generate Solar Carve-out Renewable Generation Attributes that are eligible to be
deposited into the Solar Credit Clearinghouse Auction Account, as described in 225 CMR
14.05(4)(c) through (j).
Owner. Any person or entity that, alone or in conjunction with others, has legal ownership, a
leasehold interest, or effective control over the real property or property interest upon which a
Generation Unit is located, or the airspace above said real property including, without limitation,
a duly authorized agent of the Owner. For the purposes of 225 CMR 14.02, Owner does not
mean a person or entity holding legal title or security interest solely for the purpose of providing
financing.
Power Conversion Technology. The design, process, and equipment by which an energy
resource is converted into useful energy, as specified in Guidelines.
Relevant Hydroelectric Agency. A federal, state or provincial agency with oversight over fish
and wildlife, water quality, river flows, fish passage and protection, mitigation and enhancement
opportunities, related to a hydroelectric facility located in the Impacted Watershed or that
impacts downstream or upstream passage of fish and wildlife.
Renewable Generation. The electrical energy output of a Renewable Generation Unit.
Renewable Generation Attribute. The Generation Attribute of the electrical energy output of a
specific Generation Unit that derives from the Generation Unit's production of Renewable
Generation.
Renewable Generation Unit. A Generation Unit that uses an Eligible RPS Class I Renewable
Fuel, Hydroelectric Energy, waste-to-energy that is a component of conventional municipal solid
waste plant technology in commercial use, or any of the fuels, energy resources or technologies
set forth in 225 CMR 14.05(1)(a).
Retail Electricity Product. An electrical energy offering that is distinguished by its Generation
Attributes and that is offered for sale by a Retail Electricity Supplier to End-use Customers.
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Retail Electricity Supplier. A person or entity that sells electrical energy to End-use Customers
in Massachusetts, including but not limited to Distribution Companies supplying basic service
or any successor service to End-use Customers. A Municipal Lighting Plant shall be considered
a Retail Electricity Supplier; however, it shall be exempt from the obligations of a Retail
Electricity Supplier under 225 CMR 14.00 so long as and insofar as it is exempt from the
requirements to allow competitive choice of generation supply pursuant to M.G.L. c. 164, § 47A.
RPS Class I Renewable Generation. The electrical energy output excluding any electrical energy
utilized for parasitic load of a RPS Class I Renewable Generation Unit, or that portion of the
electrical energy output excluding any electrical energy utilized for parasitic load of an RPS
Class I Renewable Generation Unit that qualifies under:
(a)
the Special Provisions for Incremental Generating Capacity, pursuant to 225 CMR
14.05(2) issued on or after January 1, 2009;
(b) a Vintage Waiver, pursuant to 225 CMR 14.05(2) issued before January 1, 2009;
(c) a Co-firing and Blended Fuel Waiver, pursuant to 225 CMR 14.05(3);
(d) the Special Provisions for a Generation Unit Located in a Control Area Adjacent to the
ISO-NE Control Area, pursuant to 225 CMR 14.05(5); or
(e) any other applicable provision of 225 CMR 14.00.
RPS Class I Renewable Generation Attribute. The Generation Attribute of the electrical energy
output of a specific RPS Class I Renewable Generation Unit that derives from the Generation
Unit's production of RPS Class I Renewable Generation.
RPS Class I Renewable Generation Unit. A Generation Unit or Aggregation that has received
a Statement of Qualification from the Department, including a Generation Unit or Aggregation
termed a New Renewable Generation Unit in a Statement of Qualification issued by the
Department pursuant to 225 CMR 14.00 before January 1, 2009, but does not include Solar
Carve-out Renewable Generation Units.
Solar Canopy. A solar photovoltaic Generation Unit with at least 75% of the nameplate capacity
of the solar modules used for generating power installed on top of a parking surface or above a
pedestrian walkway, so as to maintain the parking or pedestrian function of the surface.
Solar Carve-out Program Capacity Cap. The capacity, in MW, of Solar Carve-Out Renewable
Generation Units qualified by the Department through June 30, 2014, and as announced on its
website by the Department no later than July 31, 2014.
Solar Carve-out II Program Capacity Cap. The aggregate eligible capacity, in MW, of Solar
Carve-out II Renewable Generation Units qualified by the Department upon the establishment
of a new incentive program, minus the Solar Carve-out Program Capacity Cap.
Solar Carve-out Renewable Generation. The electrical output of a Solar Carve-out Renewable
Generation Unit that qualifies for the Solar Carve-out under 225 CMR 14.05(4), excluding any
electrical energy utilized for parasitic load.
Solar Carve-out II Renewable Generation. The electrical output of a Solar Carve-out II
Renewable Generation Unit that qualifies for the Solar Carve-out II under 225 CMR 14.05(9),
excluding any electrical energy utilized for parasitic load.
Solar Carve-out Renewable Generation Attribute. The Generation Attribute of the electrical
energy output of a specific Solar Carve-out Renewable Generation Unit that derives from the
Generation Unit's production of Solar Carve-out Renewable Generation.
Solar Carve-out II Renewable Generation Attribute. The Generation Attribute of the electrical
energy output of a specific Solar Carve-out II Renewable Generation Unit that derives from the
Generation Unit's production of Solar Carve-out II Renewable Generation.
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Solar Carve-out Renewable Generation Unit. A Generation Unit or Aggregation that has
received a Statement of Qualification from the Department that specifies its qualification for
participation in the Solar Carve-out under 225 CMR 14.05(4).
Solar Carve-out II Renewable Generation Unit. A Generation Unit or Aggregation that has
received a Statement of Qualification from the Department that specifies its qualification for
participation in the Solar Carve-out II under 225 CMR 14.05(9).
Solar Renewable Energy Certificate II (SREC II). A GIS Certificate that represents the RPS
Class I Renewable Generation Attributes and Solar Carve-out II Renewable Generation
Attributes of the Renewable Generation from a Solar Carve-out II Renewable Generation Unit.
Statement of Qualification. A written document from the Department that qualifies a Generation
Unit or Aggregation as an RPS Class I Qualified Generation Unit, a Solar Carve-out Renewable
Generation Unit, or a Solar Carve-out II Renewable Generation Unit, or that qualifies a portion
of the annual electrical energy output of a Generation Unit or Aggregation as RPS Class I
Renewable Generation Solar Carve-out Renewable Generation, or Solar Carve-out II Renewable
Generation.
Sustainable Forestry Management. Practicing a land stewardship ethic that integrates the
reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the
conservation of soil, air and water quality, wildlife and fish habitat, and aesthetics and the
stewardship and use of forests and forest lands in a way, and a rate, that maintains their
biodiversity, productivity, regeneration capacity, vitality, and potential to fulfill, now and in the
future, relevant ecological, economic, and social functions at local, national, and global levels,
and that does not cause damage to other ecosystems. Criteria for sustainable forestry include:
(a) conservation of biological diversity;
(b) maintenance of productive capacity of forest ecosystems;
(c) maintenance of forest ecosystem health and vitality;
(d) conservation and maintenance of soil and water resources;
(e) maintenance of forest contributions to global carbon cycles;
(f) maintenance and enhancement of long-term multiple socioeconomic benefits to meet the
needs of societies; and
(g) a legal, institutional, and economic framework for forest conservation and sustainable
management.
Useful Thermal Energy. Energy in the form of direct heat, steam, hot water, or other thermal
form that is used in production and beneficial measures for heating, cooling, humidity control,
process use, or other valid thermal end use energy requirements, for which fuel or electricity
would otherwise be consumed. Thermal energy used to produce a dried or refined biomass fuel
shall not be considered Useful Thermal Energy if the biomass fuel produced is used to fuel the
Generation Unit that dried or refined the biomass fuel.
Valid Air Permit. Within the United States, a current and effective authorization, license,
certificate, or like approval to construct and/or operate a source of air pollution, issued or
required by the regulatory agency designated in the applicable State Implementation Plan to issue
permits under the Clean Air Act, 42 U.S.C. § 7401, et seq. In jurisdictions outside of the United
States, it shall be a document demonstrating an equivalent authorization.
Vintage Generation. The electrical energy output of a Vintage Generation Unit during the period
of the Generation Unit's Historical Generation Rate.
Vintage Generation Unit. A Generation Unit that meets the requirements of 225 CMR 14.05(1),
that has a Commercial Operation Date of December 31, 1997, or earlier, and for which the
Department issued a Statement of Qualification under the Vintage Waiver provision in 225 CMR
14.05(2) before January 1, 2009.
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