225 CMR 14.05
Eligibility Criteria for RPS Class I, Solar Carve-out Renewable Generation Units, and Solar
Carve-out II Renewable Generation Units
(1)
Eligibility Criteria. A Generation Unit may qualify as an RPS Class I Renewable
Generation Unit, a Solar Carve-out Renewable Generation Unit, or Solar Carve-out II Renewable
Generation Unit subject to the limitations in 225 CMR 14.05.
(a) Fuels, Energy Resources and Technologies. The Generation Unit shall use one or more
of the fuels, energy resources and/or technologies listed in 225 CMR 14.05(1)(a)1.
through 9.
1. Solar photovoltaic or solar thermal electric energy.
2. Wind energy.
3. Ocean thermal, wave or tidal energy.
4. Fuel cells using an Eligible RPS Class I Renewable Fuel.
Landfill methane gas, provided that such gas is either conveyed directly to the
Generation Unit without the use of facilities used as common carriers of natural gas, or
transported to a Generation Unit within the ISO-NE Control Area or an adjacent Control
Area via a common carrier of natural gas, in which instance the gas would be subject to
the following provisions:
a.
the gas is produced entirely within the ISO-NE Control Area or an adjacent
Control Area;
b.
documentation is provided, satisfactory to the Department, regarding the gas
transportation and related contracts; and
c.
demonstration is provided, satisfactory to the Department, that the gas can be
physically delivered to the Generation Unit.
6. Hydroelectric. A Generation Unit that uses Hydroelectric Energy may qualify as an
RPS Class I Generation Unit, subject to the limitations in 225 CMR 14.05(1)(a)6.
a. The Generation Unit has a nameplate capacity up to 30 megawatts, or increased
capacity installed or efficiency improvements implemented after December 31, 1997,
the aggregate of which increased capacity or efficiency improvements does not
exceed 30 megawatts.
b.
The Generation Unit does not involve any dam or water diversion structure
constructed after December 31, 1997, or pumped storage of water.
c. The Generation Unit does not generate Marine or Hydrokinetic Energy.
d. The Generation Unit meets appropriate and site-specific standards that address
adequate and healthy river flows, water quality standards, fish passage and protection
measures and mitigation and enhancement opportunities in the Impacted Watershed,
as determined by the Department in consultation with Relevant Hydroelectric
Agencies. The Generation Unit shall demonstrate compliance with such standards
by submitting the documentation required in either 225 CMR 14.05(1)(a)6.d.i or ii.
i.
LIHI Certification of the Generation Unit; except that in either of the two
circumstances provided in 225 CMR 14.05(1)(a)6.d.i, the Department may
request further information from the applicant and the Relevant Hydroelectric
Agencies as part of its review of the applicant's Statement of Qualification
Application. The Department shall notify the applicant of any such input from
a Relevant Hydroelectric Agency not later than 30 days after receiving such input
and shall provide the applicant an opportunity to respond to the Department not
later than 30 days after the applicant's receipt of such notice from the Department.
(i) If a Relevant Hydroelectric Agency identified an environmental concern
and a proposed remedy to LIHI during the LIHI certification process, and
such concern was not addressed in the LIHI certification to the satisfaction
of the Agency, and the Agency consulted with the Owner or Operator of the
Generation Unit; or
225 CMR - 119
(ii)
If, between issuance of the LIHI certification and the Department's
determination of the Generation Unit's eligibility, a Relevant Hydroelectric
Agency submits to the Department evidence of a significant environmental
problem not previously known by such Agency, after consulting with the
Owner or Operator of the Generation Unit.
ii.
A denial of certification from LIHI specifying the reasons the certification
was denied and the applicant's proposed rationale for why the project should
nevertheless receive a Statement of Qualification. In this instance, the
Department shall notify and seek input from the Relevant Hydroelectric
Agencies, which shall have 30 days from the date of their receipt of such
notification to provide feedback to the Department. The Owner or Operator of
the Generation Unit shall be notified of any such input and shall have 30 days
from receipt of such notice to respond to the satisfaction of the Department as to
why its Application should be approved. The Department thereafter shall make
finding of whether the Generation Unit meets appropriate environmental
safeguards despite the lack of LIHI certification.
e. The Owner or Operator of the Generation Unit must serve notice to all Relevant
Hydroelectric Agencies of its application for LIHI certification. The Owner or
Operator of the Generation Unit also must serve notice to all Relevant Hydroelectric
Agencies, and provide opportunity for comment within 30 days of such notice, with
regard to its submission of a Statement of Qualification Application. Notice of such
service must be provided to the Department.
f. If LIHI fails to act to certify or deny certification within 180 days from the date
of submission of the Generation Unit's application to LIHI, the Owner or Operator
shall file notice of such event with the Department. The Department shall review the
federal, state or provincial permits for the Generation Unit and any submissions to
LIHI by Relevant Hydroelectric Agencies, and shall make a final determination as to
whether the Generation Unit meets environmental standards specified in 225 CMR
14.05(1)(a)6.d.
g. If LIHI is unable to review for certification a Generation Unit that is located in
a Control Area adjacent to the ISO-NE Control Area and outside the United States
of America, the Owner or Operator of such Generation Unit may petition the
Department for certification using the LIHI standards by an independent third-party
acceptable to the Department.
Low-emission, Advanced Biomass Power Conversion Technologies Using an
Eligible Biomass Fuel. A Generation Unit may qualify as an RPS Class I Renewable
Generation Unit, provided it uses an Eligible Biomass Fuel, subject to the limitations in
225 CMR 14.05(1)(a)7.
a. Pursuant to Sections 33 through 36 and Section 88 of Chapter 179 of the Acts of
2022, starting January 1, 2022, Eligible Biomass Woody Fuel Generation Units shall
no longer be eligible to submit a Statement of Qualification Application under
225 CMR 14.06.
b. A Generation Unit utilizing an Eligible Biomass Fuel, that is required to obtain
an air permit in its jurisdiction, must possess a Valid Air Permit.
c.
The Department shall set forth in Guidelines low-emission eligibility criteria
which will become effective on their date of issuance. Any emission eligibility
criteria in subsequently revised regulations or Guidelines shall become effective 12
months from their date of issuance. A Generation Unit utilizing an Eligible Biomass
Fuel that is not a solid fuel, such as Eligible Liquid Biofuel, or does not use a steam
boiler, shall follow the low-emission eligibility criteria process described in the
Departments' Guideline on Eligible Biomass Fuel for Renewable Generation Units.
In the case of a Generation Unit for whose size, type, or fuel the Department's
Guidelines do not provide applicable emission limits, the Department will determine
appropriate limits in consultation with the MassDEP.
225 CMR - 120
A Generation Unit utilizing an Eligible Biomass Woody Fuel or Manufactured
Biomass Fuel with a Commercial Operation Date after December 31, 2021 or a
Generation Unit utilizing an Eligible Biomass Woody Fuel or Manufactured Biomass
Fuel that has 5% or more of its fuel sourced from Forest Derived Residues, Forest
Derived Thinnings, and Forest Salvage must achieve an overall efficiency of at least
60% on a quarterly basis. A Generation Unit with a Commercial Operation Date on
or before December 31, 2021 and utilizing an Eligible Biomass Woody Fuel or
Manufactured Biomass Fuel that has over 95% of its fuel sourced from Non-forest
Derived Residues on a quarterly basis shall have no applicable overall efficiency
requirement. The procedure for calculating whether the Generation Unit meets the
60% overall efficiency requirement can be found in the Department's Guideline on
Overall Efficiency and Greenhouse Gas Analysis.
d.
A Generation Unit utilizing an Eligible Biogas Fuel, Eligible Biomass Woody
Fuel, Eligible Liquid Biofuel or Manufactured Biomass Fuel shall reduce lifecycle
greenhouse gas emissions, over a 20-year lifecycle, by at least 50% compared to the
operation of a new combined cycle natural gas electric generating facility using the
most efficient commercially available technology as of the date of the Statement of
Qualification Application for the portion of electricity delivered by the Generation
Unit and, if applicable, the operation of the fossil fuel fired thermal energy unit being
displaced, or in the case of new Useful Thermal Energy, a gas-fired thermal energy
unit using the most efficient commercially available technology as of the date of
Statement of Qualification Application for the portion of the Useful Thermal Energy
delivered by the Generation Unit. The procedure for calculating whether a
Generation Unit meets the 50% reduction can be found in the Department's Guideline
on Overall Efficiency and Greenhouse Gas Analysis.
A Generation Unit that does not achieve a lifecycle greenhouse gas emissions
reduction of at least 50% over a 20-year lifecycle in a particular calendar quarter of
the Compliance Year, pursuant to 225 CMR 14.05(1)(a)7.d., shall not be eligible to
report RPS Class I Renewable Generation Attributes to the NEPOOL GIS for that
Calendar Quarter.
e.
In the case of a Generation Unit that uses Eligible Biogas Fuel, the Eligible
Biogas Fuel may be either conveyed directly to the Generation Unit without the use
of facilities used as common carriers of natural gas, or transported to a Generation
Unit within the ISO-NE Control Area or an adjacent Control Area via a common
carrier of natural gas, in which instance the gas would be subject to the following
provisions:
i. the gas is produced entirely within the ISO-NE Control Area or an adjacent
Control Area;
ii. documentation is provided, satisfactory to the Department, regarding the gas
transportation and related contracts; and
iii. demonstration is provided, satisfactory to the Department, that the gas can
be physically delivered to the Generation Unit.
f. A Generation Unit using Eligible Biomass Woody Fuel or Manufactured Biomass
Fuel with a Commercial Operation Date after December 31, 2021 that is either:
i. sited in an environmental justice population; or
ii.
sited within five miles of an environmental justice population, shall not
qualify as an RPS Class I Renewable Generation Unit; provided, however, that
the Secretary of the Executive Office of Energy and Environmental Affairs shall
determine environmental justice populations in accordance with law.
8. Marine or hydrokinetic energy.
9. Geothermal energy.
(b)
Commercial Operation Date. The Commercial Operation Date shall be after
December 31, 1997, unless the Generation Unit received a Statement of Qualification with
a Vintage Waiver prior to January 1, 2009. In the case of a Solar Carve-out Renewable
Generation Unit, the Commercial Operation Date shall be after December 31, 2007. In the
case of a Solar Carve-out II Renewable Generation Unit, the Commercial Operation Date
shall be after December 31, 2012.
225 CMR - 121
(c) Metering. The electrical energy output from a Generation Unit shall be verified by the
ISO-NE or by an independent verification system or person participating in the NEPOOL
GIS accounting system as an independent Third Party Meter Reader, as defined in Rule 2.5(j)
of the NEPOOL GIS Operating Rules, or any successor rule, and approved by the
Department.
(d)
Location. The Generation Unit location is subject to the limitations in 225 CMR
14.05(1)(d).
Off-grid Generation. If the Generation Unit produces Off-grid Generation, such
Generation Unit must be located in Massachusetts.
2. Behind-the-meter Generation. If the Generation Unit is wired to the electrical system
on the End-use Customer's side of a retail electric meter, such Generation Unit must be
located within the ISO-NE Control Area.
(2) Special Provisions for Incremental Generation. An increase in electrical energy output of
a Generation Unit with a Commercial Operation Date on or before December 31, 1997, may
qualify as RPS Class I Renewable Generation, subject to the limitations in 225 CMR 14.05(2).
(a) The Generation Unit must meet the eligibility requirements of 225 CMR 14.05 with the
exception of 225 CMR 14.05(1)(b).
(b) The portion of the total electrical energy output of the Generation Unit that qualifies as
RPS Class I Renewable Generation in a given calendar year shall be the portion attributable
to incremental new generating capacity or efficiency improvements installed or implemented
after December 31, 1997, using equipment that was not utilized in any Renewable
Generation Unit within the ISO-NE Control Area or within Control Areas adjacent thereto
on or before December 31, 1997.
(c) The portion of the electrical energy output of a Generation Unit that does not qualify as
RPS Class I Renewable Generation under the provisions of 225 CMR 14.05(2)(c) or under
a Statement of Qualification granted to a Vintage Generation Unit prior to January 1, 2009,
may qualify as RPS Class II Renewable Generation if it applies for and meets the eligibility
standards of the RPS Class II Regulations set forth in 225 CMR 15.00: Renewable Energy
Portfolio Standard – Class II.
(d) The portion of electrical energy output of a Generation Unit that replaces the output of
an RPS Class I Renewable Generation Unit qualified under 225 CMR 14.05(1)(a)5. at the
same location, or proximate thereto, and utilizes the fuel resource of that location, shall not
be qualified as Incremental Generation, unless a Generation Unit meets the requirements of
225 CMR 14.05(7)(d).
(3)
Co-firing and Blended Fuel Waiver. All or a portion of the electrical energy output of a
Generation Unit that uses ineligible fuel in conjunction with an Eligible RPS Class I Renewable
Fuel, whether by co-firing such fuels or by using a Blended Fuel, may qualify as RPS Class I
Renewable Generation, provided the Generation Unit meets the eligibility requirements of
225 CMR 14.05, subject to the limitations in 225 CMR 14.05(3).
(a) The portion of the total electrical energy output that qualifies as RPS Class I Renewable
Generation in a given time period shall be equal to the ratio of the net heat content of the
Eligible RPS Class I Renewable Fuel consumed to the net heat content of all fuel consumed
in that time period.
If using a Blended Fuel of which the eligible portion is an Eligible Biomass Fuel or if
co-firing an ineligible fuel with an Eligible Biomass Fuel, the entire Generation Unit must
meet the requirements set forth in 225 CMR 14.05(1)(a)7.
(b)
If using an Eligible Biomass Fuel, the Generation Unit must demonstrate to the
satisfaction of the Department that the emission rates for the entire Generation Unit are
consistent with rates prescribed by the MassDEP for comparably fueled Generation Units in
the Commonwealth. The Department may require the Generation Unit Owner or Operator
to retain at its own expense a third-party consultant deemed satisfactory to the Department,
to provide the Department and the MassDEP with assistance in this determination.
(c) The Generation Unit must provide with its Statement of Qualification Application a fuel
supply plan that specifies each and every fuel that it intends to use, in what relative
proportions either in co-firing or in a Blended Fuel, and with what individual input heat
values. Such plan shall include the procedures by which the Unit will document to the
satisfaction of the Department its compliance with the plan.
225 CMR - 122
(d) The provisions of 225 CMR 14.05(3) shall not apply to the incidental use of ineligible
fuels for the purpose of cold starting a Generation Unit that otherwise exclusively uses an
Eligible RPS Class I Renewable Fuel.
(4) Special Provisions for a Solar Carve-out Generation Unit. All references to kW or MW in
225 CMR 14.05(4) shall be measured on a nameplate capacity basis in direct current (DC).
(a)
The Solar Carve-out Renewable Generation Unit must use solar photovoltaic
technology, be used on-site, located in the Commonwealth of Massachusetts, and be
interconnected with the electric grid. On-site use includes any new or existing load located
at the site of the Generation Unit including any parasitic load that may result from the
installation of the Generation Unit, and that is wired to receive a portion of the electrical
energy output from the Generation Unit before the balance of such output passes through the
Generation Unit's metered interconnection onto the electric grid. The maximum capacity of
a Generation Unit shall be 6 MW, as measured on a nameplate capacity basis in direct current
and shall be determined based on the total capacity located on a single parcel of land. For
any parcel of land for which a Solar Carve-out Generation Unit has submitted a Statement
of Qualification Application, if its current boundaries are the result of a subdivision recorded
after January 1, 2010, the Owner or Operator shall make a demonstration to the Department
that the subdivision was not for the purpose of eligibility in the Solar Carve-out Program.
If the Department is not satisfied by such showing, the 6 MW limit shall apply to the metes
and bounds of the parcel as recorded prior to the subdivision. Any subsequent additional
solar photovoltaic Generation Units that would result in excess of 6 MW of capacity installed
on the same parcel of land and meeting all other requirements under 225 CMR 14.00 may
qualify only for RPS Class I Renewable Generation Attributes.
(b) If the construction and installation of a Generation Unit was funded through a program
administered prior to January 1, 2010, by the Massachusetts Renewable Energy Trust, or if
the Generation Unit was funded substantially from American Recovery and Reinvestment
Act, P.L. 111-5 (ARRA) for the installation of that Generation Unit, the Generation Unit
shall not be eligible to participate in the Solar Carve-out. Substantial shall mean for this
purpose more than 67% of total installed cost. Notwithstanding 225 CMR 14.05(4)(b), if the
substantial funding that a Generation Unit receives is from a payment in lieu of tax credit
under § 1603 of ARRA, the Generation Unit shall be eligible for Solar Carve-out Renewable
Generation Attributes.
(c)
Any entity that owns Solar Carve-out Renewable Generation Attributes is eligible to
make deposits into the Solar Credit Clearinghouse Auction provided the Attributes deposited
into the Auction were generated during the Opt-in Term specified in the Statement of
Qualification of the Generation Unit. The Department or its agent shall maintain an account,
known as Solar Credit Clearinghouse Auction Account on the NEPOOL GIS into which
Solar Carve-out Renewable Generation Attributes may be deposited. The Solar Credit
Clearinghouse Auction Account shall be available for deposit of Attributes only from
May 16th through June 15th.
(d) An entity that opts to deposit Solar Carve-out Generation Renewable Attributes into the
Solar Credit Clearinghouse Auction Account shall be assessed, at the completion of the
auction, a usage fee of 5% of the auction price for each such Attribute deposited into Solar
Credit Clearinghouse Auction Account. This usage fee shall be deposited into the
Alternative Compliance Payment fund under 225 CMR 14.08(3). This usage fee will not
apply to Attributes that remain unsold following the final round of the Solar Credit
Clearinghouse Auction as provided in 225 CMR 14.05(4)(i).
(e) Those Attributes deposited into Solar Credit Clearinghouse Auction Account shall then
be retired and reissued by NEPOOL GIS as Re-minted Auction Account Attributes. These
Attributes shall be eligible in either of the two subsequent Compliance Years from the year
in which they were generated to meet obligations under the Massachusetts Solar Carve-out
Minimum Standard. The Department or its agent shall conduct an auction for those
Attributes. Any entity wishing to purchase Re-minted Auction Account Attributes may
participate and enter a bid.
Each bid shall be for the number of Re-minted Auction Account Attributes that the
bidder wishes to purchase at a fixed price of $300 per Re-minted Auction Account Attribute.
225 CMR - 123
(f)
The Solar Credit Clearinghouse Auction shall be held not later than July 31st. If the
Auction clears, meaning that the total number of Re-minted Auction Account Attributes bid
for in the auction was equal to or more than the number of Solar Carve-out Renewable
Generation Attributes deposited, then the total amount of deposited Attributes will be
distributed to the bidders in a prorated manner such that each bidder receives the same
percentage of their bid volume. If the auction does not clear, meaning that the total number
of Re-minted Auction Account Attributes bid for in the auction was less than the number of
Solar Carve-out Renewable Generation Attributes deposited, the Department or its agent
shall void the auction.
(g) If the auction under 225 CMR 14.05(4)(f) does not clear, the Department shall conduct
a new auction within three Business Days, in which any Attributes purchased shall be eligible
in any of the three subsequent Compliance Years from the year in which they were generated
to meet obligations under the Massachusetts Solar Carve-out Minimum Standard. If the
auction does not clear, the Department or its agent shall void the auction.
(h) If the auction under 225 CMR 14.05(4)(g) does not clear, the Department or its agent
shall conduct another auction within three Business Days, at which point the Attributes shall
be eligible in any of the three subsequent Compliance Years from the year in which they
were generated to meet obligations under the Massachusetts Solar Carve-out Minimum
Standard. Prior to this Auction, the Department shall also recalculate the Massachusetts
Solar Carve-out Minimum Standard under 225 CMR 14.07(2).
(i)
If the auction under 225 CMR 14.05(4)(h) does not clear, the Re-minted Auction
Account Attributes deposited in the Solar Credit Clearinghouse Auction Account shall be
allocated to the bidders in a prorated manner so that an equal percentage of Re-minted
Auction Account Attributes are allocated from each Generation Unit that deposited Solar
Carve-out Renewable Generation Attributes. The remaining Re-minted Auction Account
Attributes shall be returned to the entity that made the deposit. These Attributes shall be
eligible in any of the three subsequent Compliance Years from the year in which they were
generated to meet obligations under the Massachusetts Solar Carve-out Minimum Standard.
(j)
Re-minted Auction Account Attributes may not be placed into the Solar Credit
Clearinghouse Auction Account in subsequent years.
(k) Within two weeks from June 28, 2013, the Department shall establish and provide on
its website a list of all projects that are within the 400 MW capacity limit and the set of
Generation Units that are outside of the 400 MW capacity limit. The Department shall
provide Statement of Qualifications to all Generation Units with Statement of Qualification
Applications as follows, provided such Generation Units meet all other eligibility criterion
of 225 CMR 14.00.
1. A Generation Unit greater than 100 kW that has received a Statement of Qualification
or has submitted a Statement of Qualification Application that is within the 400 MW
capacity limit shall be provided a Statement of Qualification only if the Generation Unit
meets the project construction timelines prescribed in 225 CMR 14.05(4)(k)4.
Notwithstanding 225 CMR 14.06(4), the RPS Effective Date of the Generation Unit shall
be no later than December 31, 2013, regardless of when the Unit's Commercial Operation
Date occurs.
A Generation Unit greater than 100 kW that has submitted a Statement of
Qualification Application that is outside the 400 MW capacity limit shall be provided a
Statement of Qualification only if the Generation Unit is authorized to interconnect by
its local Distribution Company on or before June 28, 2013 or has received an
interconnection service agreement from its local Distribution Company that is fully
executed by both the interconnecting customer and the Distribution Company and dated
on or before June 7, 2013, and meets the project construction timelines prescribed in
225 CMR 14.05(4)(k)4. The Generation Unit shall have one week after June 28, 2013
to provide the Department with a copy of the executed Interconnection Service
Agreement or its Statement of Qualification Application will be rejected.
Notwithstanding 225 CMR 14.06(4), the RPS Effective Date of the Generation Unit shall
be no later than December 31, 2013, regardless of when the Generation Unit's
Commercial Operation Date occurs.
225 CMR - 124
A Generation Unit that has a rated capacity equal to or less than 100 kW, or has
qualified as a Community Solar Project by the MassCEC under its Commonwealth Solar
II Rebate Program, which has received its authorization to interconnect or permission to
operate from its local Distribution Company by the effective date of a new solar
carve-out program established by the Department, or by June 30, 2014, whichever is
earlier, and has submitted a Statement of Qualification Application shall be provided a
Statement of Qualification. Notwithstanding 225 CMR 14.06(4), the RPS Effective Date
of the Generation Unit shall be no later than December 31, 2013, regardless of when the
Generation Unit's Commercial Operation Date occurs. For the purpose of 225 CMR
14.05(4)(k)3., the Generation Unit's capacity shall be measured as the total capacity of
qualified Solar Carve-out Renewable Generation on a single parcel of land or on a roof
of a single building, whichever is less.
A Generation Unit greater than 100 kW must meet the following construction
timelines to receive a Statement of Qualification.
a. A Generation Unit must receive its authorization to interconnect or permission
to operate from its local Distribution Company on or before December 31, 2013.
b.
A Generation Unit that has not received an authorization to interconnect or
permission to operate on or before December 31, 2013 will be provided an extension
to June 30, 2014 only if it can demonstrate to the satisfaction of the Department that
the project has expended at least 50% of its total construction costs by
December 31, 2013. A Generation Unit provided such an extension must receive its
authorization to interconnect or permission to operate on or before June 30, 2014.
c. If a Generation Unit can demonstrate to the Department's satisfaction that either
of these two timelines have been met, but that interconnection depends only on the
receipt of notice of authorization to interconnect or its permission to operate, and
such receipt is delayed only by the local Distribution Company or due to remaining
steps required by other parties for safe and reliable interconnection, then the
Generation Unit will be provided an extension until the authorization to interconnect
or permission to operate is received.
5. Any Solar Carve-out Renewable Generation Unit that has submitted a Statement of
Qualification Application or received a Statement of Qualification as of June 28, 2013
will not be eligible to generate Solar Carve-out Renewable Generation Attributes for
incremental new generating capacity that is in excess of the capacity that was applied for
in its Statement of Qualification Application.
(5) Special Provisions for a Generation Unit Located in a Control Area Adjacent to the ISO-NE
Control Area. The portion of the total electrical energy output of an RPS Class I Renewable
Generation Unit located in a Control Area adjacent to the ISO-NE Control Area that qualifies
as RPS Class I Renewable Generation shall meet the requirements in Rule 2.7(c) and all other
relevant sections of the NEPOOL GIS Operating Rules, and the requirements in 225 CMR
14.05(5).
(a) The Generation Unit Owner or Operator shall provide documentation, satisfactory to the
Department that the RPS Class I Renewable Generation Attributes have not otherwise been,
nor will be, sold, retired, claimed, used or represented as part of electrical energy output or
sales, or used to satisfy obligations in jurisdictions other than Massachusetts.
(b)
The Generation Unit Owner or Operator must provide an attestation in a form to be
provided by the Department that it will not itself or through any affiliate or other contracted
party, knowingly engage in the process of importing RPS Class I Renewable Generation into
the ISO-NE Control Area for the creation of RPS Class I Renewable GIS Certificates, and
then exporting that energy or a similar quantity of other energy out of the ISO-NE Control
Area during the same hour.
(c) The quantity of electrical energy output from an RPS Class I Renewable Generation Unit
outside the ISO-NE Control Area that can qualify as RPS Class I Renewable Generation at
the NEPOOL GIS during each hour is limited to the lesser of the RPS Class I Renewable
Generation actually produced by the Generation Unit or the RPS Class I Renewable
Generation actually scheduled and delivered into the ISO-NE Control Area.
225 CMR - 125
(6) Special Provisions for Aggregations. An Aggregation of Generation Units that are located
behind the customer meter or that are Off-grid Generation Units, each of which could
independently meet the relevant requirements of 225 CMR 14.05, may receive a single Statement
of Qualification and be treated as a single RPS Class I Renewable Generation Unit, Solar
Carve-out Renewable Generation Unit, or Solar Carve-out II Renewable Generation Unit under
the criteria and procedures in 225 CMR 14.05(6).
(a) Each Generation Unit in such Aggregation must be located within the same state and use
the same fuel, energy resource and technology as all other Generation Units in the
Aggregation. In the instance of an Aggregation that includes a Solar Carve-out Renewable
Generation Unit, the Aggregation shall only include Generation Units that are eligible for the
Solar Carve-out under 225 CMR 14.05(4). In the instance of an Aggregation that includes
a Solar Carve-out II Renewable Generation Unit, the Aggregation shall only include
Generation Units that are eligible for the Solar Carve-out II under 225 CMR 14.05(9).
(b) Each of the Owners or Operators of Generation Units within the Aggregation must enter
into an agreement with a person or entity that serves as the Authorized Agent for the
Aggregation in all dealings with the Department and with the NEPOOL GIS, and such
agreement must include procedures by which the electrical energy output of each Generation
Unit shall be monitored and reported to the NEPOOL GIS.
(c)
The Authorized Agent of the Aggregation must establish and maintain a Generator
account at the NEPOOL GIS under the NEPOOL GIS Operating Rules, including all
provisions for Non-NEPOOL Generator Representatives, as that term is defined in
Rule 2.1(a)(vi).
(d) The electrical energy output of each of the Generation Units in the Aggregation must
be individually monitored and recorded, and it must be reported to the NEPOOL GIS, by an
independent Third Party Meter Reader as defined in Rule 2.5(j) of the NEPOOL GIS
Operating Rules, and approved by the Department.
(7)
Special Provisions for Relocated, Repowered, and Replacement Generation Units. The
Department may provide a Statement of Qualification to a Generation Unit that meets one of the
following categories and criteria, as well as all other relevant provisions of 225 CMR 14.05:
(a) Relocated RPS Class I Renewable Generation Unit. A Generation Unit whose Power
Conversion Technology was used on or before December 31, 1997, to generate electrical
energy outside of both the ISO-NE Control Area and Control Areas adjacent thereto, and that
is relocated into one of said Control Areas after December 31, 1997, provided that any
components of the Power Conversion Technology that were not used outside of said Control
Areas were first used in a Generation Unit after December 31, 1997.
(b) Repowered RPS Class I Renewable Generation Unit. A Generation Unit that did not
utilize an Eligible RPS Class I Renewable Fuel at any time on or before December 31, 1997.
(c) Replacement RPS Class I Renewable Generation Unit. A Generation Unit that replaces
a mothballed or decommissioned Generation Unit that had operated on the same site on or
before December 31, 1997, provided the entire Power Conversion Technology of the existing
Generation Unit is replaced with equipment manufactured after December 31, 1997.
(8)
Special Provisions for Generation Units Using Eligible Biomass Woody Fuels or
Manufactured Biomass Fuels. An Owner, Operator, or Authorized Agent of a Generation Unit
that uses an Eligible Biomass Woody Fuel or a Manufactured Biomass Fuel must meet the
following provisions.
(a) Sustainable Forest Management. Forest Derived Residues and Forest Derived Thinnings
shall only be sourced from forests meeting Sustainable Forestry Management practices, as
independently verified through the attestation of a licensed forester, certified forester, or
independent certification.
(b)
Overall Efficiency. A Generation Unit utilizing Eligible Biomass Woody Fuel or
Manufactured Biomass Fuel that does not comply with the overall efficiency requirements
in 225 CMR 14.05(1)(a)7.c. shall be subject the following:
225 CMR - 126
A Generation Unit utilizing an Eligible Biomass Woody Fuel or Manufactured
Biomass Fuel with a Commercial Operation Date after December 31, 2021 or a
Generation Unit utilizing Eligible Biomass Woody Fuel or Manufactured Biomass Fuel
that has 5% or more of its fuel sourced from Forest Derived Residues, Forest Derived
Thinnings, and Forest Salvage and does not achieve an overall efficiency of at least 60%
in a particular calendar quarter of the Compliance Year, pursuant to 225 CMR
14.05(1)(a)7.c., shall not be eligible to report RPS Class I Renewable Generation
Attributes to the NEPOOL GIS for that calendar quarter.
2. A Generation Unit utilizing Eligible Biomass Woody Fuel or Manufactured Biomass
Fuel with a Commercial Operation Date on or before December 31, 2021 and that has
over 95% of its fuel sourced from Non-Forest Derived Residues in a particular calendar
quarter of the Compliance Year, shall only be eligible to receive RPS Class I Renewable
Generation Attributes at NEPOOL GIS in a proportion equal to the percentage of fuel
sourced from Non-Forest Derived Residues for that calendar quarter.
(c) Reporting Requirements for Generation Units Using Eligible Biomass Woody Fuel or
Manufactured Biomass Fuel. An Owner, Operator, or Authorized Agent of a Generation
Unit using Eligible Biomass Woody Fuel or Manufactured Biomass Fuel shall provide to the
Department on a quarterly basis the Biomass Fuel Report as prescribed in the Department's
Guideline on Eligible Biomass Fuel for Renewable Generation Units.
(d)
Verification of Eligible Biomass Woody Fuel. In order to verify the use of Eligible
Biomass Woody Fuel, an RPS Class I Renewable Generation Unit utilizing Eligible Biomass
Woody Fuel shall report the following to the Department on a quarterly basis in a manner
outlined in the Department's Guideline on Eligible Biomass Fuel for Renewable Generation
Units:
1. Supplier of the fuel;
2. Amount of fuel delivered; and
3. Date of delivery.
(e)
Biomass Fuel Certificate. The tonnage of all Eligible Biomass Woody Fuel or
Manufactured Biomass Fuel reported in the Quarterly Biomass Fuel Report shall be
documented by ownership of the Biomass Fuel Certificates. The tonnage input for Eligible
Biomass Fuel noted on the Biomass Fuel Certificate shall equal or be greater than the
tonnage of Eligible Biomass Fuel consumed at the Generation Unit. For Manufactured
Biomass Fuel, the Biomass Fuel Certificates shall be for the required tonnage of Eligible
Biomass Woody Fuel necessary for the production of the delivered volume of Manufactured
Biomass Fuel. The Biomass Fuel Certificates shall be originated, procured, and transacted
in accordance with the Guideline on Eligible Biomass Fuel for Renewable Generation Units.
(f)
Forest Impact Assessment. Every five years, beginning in 2020, the Department, in
coordination with DCR, will conduct an assessment of the impacts on Massachusetts and
regional forests resulting from biomass fuel removals. The five-year assessment shall also
consider information on the Eligible Biomass Woody Fuel utilized by qualified Generation
Units and the extent to which such fuels come from the categories of Non-forest Derived
Residues, Forest Derived Residues, Forest Derived Thinnings, and Forest Salvage. If the
Department concludes its findings would likely result in significant impacts on long term
forest sustainability, the Department shall consult with the MassDEP, and DCR on any
changes that may be required by the Department, MassDEP, or DCR to maintain long term
forest sustainability and climate change mitigation.
(9) Special Provisions for a Solar Carve-out II Renewable Generation Unit. All references to
kW or MW in 225 CMR 14.05(9) shall be measured on a nameplate capacity basis in direct
current (DC).
225 CMR - 126.1
(a)
The Solar Carve-out II Renewable Generation Unit must use solar photovoltaic
technology on-site and be interconnected with the electric grid in the Commonwealth of
Massachusetts. On-site use includes any new or existing load located at the site of the Solar
Carve-out II Renewable Generation Unit, including any parasitic load that may result from
the installation and operation of the Solar Carve-out II Renewable Generation Unit, and that
is wired to receive a portion of the electrical energy output from the Solar Carve-out II
Renewable Generation Unit before the balance of such output passes through the Solar
Carve-out II Renewable Generation Unit's metered interconnection onto the electric grid.
The maximum capacity of a Solar Carve-out II Renewable Generation Unit shall be six MW
and shall be determined based on the total capacity of Solar Carve-out Renewable Generation
Units and Solar Carve-out II Renewable Generation Units located on a single parcel of land.
For any parcel of land for which a Solar Carve-out II Renewable Generation Unit has
submitted a Statement of Qualification Application, if its current boundaries are the result
of a subdivision recorded after January 1, 2010, the Owner or Operator shall demonstrate to
the Department that the subdivision was not for the purpose of obtaining eligibility as a Solar
Carve-out II Renewable Generation Unit. If the Owner or Operator fails to make such a
showing to the Department, the six MW limit shall apply to the metes and bounds of the
parcel as recorded prior to the subdivision. Any solar photovoltaic Generation Units that
would result in excess of six MW of capacity installed on the same parcel of land and
meeting all other requirements under 225 CMR 14.00 may qualify only for RPS Class I
Renewable Generation Attributes.
(b) A Solar Carve-out II Renewable Generation Unit must have a Commercial Operation
Date on or after January 1, 2013 and must not be qualified as a Solar Carve-out Renewable
Generation Unit under provisions in 225 CMR 14.05(4).
(c)
Any entity that owns Solar Carve-out II Renewable Attributes generated by a Solar
Carve-Out II Renewable Generation Unit is eligible to make deposits into the Solar Credit
Clearinghouse Auction-II. The Department or its agent shall maintain a Solar Credit
Clearinghouse Auction-II Account on the NEPOOL GIS into which eligible Solar Carve-out
II Renewable Generation Attributes may be deposited. The Solar Credit Clearinghouse
Auction-II Account shall be available for deposit of Attributes only from May 16th through
June 15th.
(d)
An entity that opts to deposit Solar Carve-out II Renewable Attributes into the Solar
Credit Clearinghouse Auction-II Account shall be assessed, at the completion of the auction,
a usage fee of 5% of the auction price for each such Attribute deposited into Solar Credit
Clearinghouse Auction-II Account. This usage fee shall be deposited into the Alternative
Compliance Payment fund under 225 CMR 14.08(3). This usage fee will not apply to
Attributes that remain unsold following the final round of the Solar Credit Clearinghouse
Auction-II as provided in 225 CMR 14.05(9)(i).
(e)
Those Solar Carve-out II Renewable Generation Attributes deposited into the Solar
Credit Clearinghouse Auction-II Account shall then be retired and reissued by NEPOOL GIS
as re-minted auction-II account Generation Attributes. These re-minted auction-II account
Generation Attributes shall be eligible for compliance in either of the two subsequent
Compliance Years from the year in which they were generated to meet obligations under the
Massachusetts Solar Carve-out II Minimum Standard. The Department or its agent shall
conduct an auction for those re-minted auction-II account Generation Attributes. Any entity
wishing to purchase re-minted auction-II account Generation Attributes may participate and
enter a bid. Each bid shall be for the number of re-minted auction-II account Generation
Attributes that the bidder wishes to purchase at a fixed price. The fixed price shall vary each
Compliance Year according to the following schedule.
225 CMR - 126.2
Compliance Year
Solar Credit Clearinghouse Auction-II Fixed
Price, $ per Generation Attribute
2027 and after
(f) The Solar Credit Clearinghouse Auction-II shall be held not later than July 31st each year
as necessary. If this Auction clears, meaning that the total number of re-minted auction-II
account Generation Attributes bid for in the auction was equal to or more than the number
of Solar Carve-out II Renewable Generation Attributes deposited, then the total amount of
re-minted auction-II account Generation Attributes will be distributed to the bidders in a
prorated manner such that each bidder receives the same percentage of their bid volume.
(g) If the auction under 225 CMR 14.05(9)(f) does not clear, meaning that the total number
of re-minted auction-II account Generation Attributes bid for in the auction was less than the
number of Solar Carve-out II Renewable Generation Attributes deposited, the Department
or its agent shall void the auction. The Department shall then conduct a second auction
within three Business Days of the first auction under 225 CMR 14.05(9)(f), in which any
re-minted auction-II Generation Attributes purchased shall be eligible in any of the three
subsequent Compliance Years from the year in which they were generated to meet
obligations under the Massachusetts Solar Carve-out II Minimum Standard.
(h) If the second auction under 225 CMR 14.05(9)(g) does not clear, the Department or its
agent shall void the auction. The Department shall then conduct a third auction within three
Business Days of the second auction under 225 CMR 14.05(9)(g), at which point the
re-minted auction-II Generation Attributes shall be eligible in any of the three subsequent
Compliance Years from the year in which they were generated to meet obligations under the
Massachusetts Solar Carve-out II Minimum Standard. Prior to the third auction under
225 CMR 14.05(9)(h), the Department shall also recalculate the Massachusetts Solar
Carve-out II Minimum Standard under 225 CMR 14.07(3).
(i) If the third auction under 225 CMR 14.05(9)(h) does not clear, the re-minted auction-II
account Generation Attributes deposited in the Solar Credit Clearinghouse Auction-II
Account shall be allocated to the bidders in a prorated manner so that an equal percentage
of re-minted auction-II account Generation Attributes are allocated from each Generation
Unit that deposited Solar Carve-out II Renewable Generation Attributes. The remaining
re-minted auction-II account Generation Attributes that were not allocated to the bidders
shall be returned to the entity that made the deposit. These re-minted auction-II account
Generation Attributes shall be eligible in any of the three subsequent Compliance Years from
the year in which they were generated to meet obligations under the Massachusetts Solar
Carve-out II Minimum Standard.
225 CMR - 126.3
(j)
Re-minted auction-II account Generation Attributes may not be placed into the Solar
Credit Clearinghouse Auction-II Account in subsequent years.
(k)
For each MWh of electricity generation, a Solar Carve-out II Renewable Generation
Unit shall generate two types of GIS Certificates. The first type of GIS Certificate shall be
encoded as solar photovoltaic, but without RPS Class I Renewable Generation Attributes or
Solar Carve-out II Renewable Generation Attributes. The second type of GIS Certificate
shall be a Solar Renewable Energy Certificate II (SREC II). The proportion of each of type
of GIS Certificate that a Solar Carve-out II Renewable Generation Unit shall generate will
be determined subject to the following:
Beginning with the calendar quarter in which each Solar Carve-out II Renewable
Generation Unit's RPS Effective Date occurs, as prescribed in 225 CMR 14.06(4), the
number of GIS Certificates encoded as solar photovoltaic without RPS Class I
Renewable Generation Attributes or Solar Carve-out II Renewable Generation Attributes
that each Generation Unit generates shall be equal to one minus the SREC Factor, as
determined under 225 CMR 14.05(9)(l), times the number of MWh generated. The
number of SREC IIs each Generation Unit generates shall be equal to the SREC Factor,
as determined under 225 CMR 14.05(9)(l), times the number of MWh generated. This
shall apply for as long as the Solar Carve-out II Renewable Generation Unit is eligible
to generate Solar Carve-out II Renewable Generation Attributes pursuant to 225 CMR
14.05(9)(l)4.
2. The Solar Carve-out II Renewable Generation Unit Owner or Operator must include
within its Statement of Qualification Application an attestation that any GIS Certificate
encoded as solar photovoltaic, but without RPS Class I Renewable Generation Attributes
or Solar Carve-out II Renewable Generation Attributes, shall be retired at NEPOOL GIS
and its ownership shall not be transferred to any other party.
Upon the termination of the eligibility period established under 225 CMR
14.05(9)(l)4., a Solar Carve-out II Renewable Generation Unit shall cease to generate
SREC IIs and will generate RPS Class I Renewable Generation Attributes for 100% of
the MWh it generates.
(l) SREC Factor. The Department assigns to each Solar Carve-out II Renewable Generation
Unit an SREC Factor that determines the proportion of the two types of GIS Certificates the
Generation Unit will generate as prescribed in 225 CMR 14.05(9)(k). The SREC Factor for
any Solar Carve-out II Renewable Generation Unit shall be established as follows:
The Department shall publish an SREC Factor Guideline that prescribes SREC
Factors differentiated by solar market sectors as specified in 225 CMR 14.05(9)(l)2. to
support solar policy objectives.
An SREC Factor under 225 CMR 14.05(9)(l)1. shall apply to Generation Units
installed in the following market sectors:
a. Market Sector A. The following types of Generation Units will qualify as Solar
Carve-out II Renewable Generation Units under Market Sector A, provided they meet
the eligibility criteria prescribed in 225 CMR 14.05(9)(a):
i. Generation Units with a capacity equal to or less than 25 kW;
ii. Solar Canopy Generation Units;
iii. Emergency Power Generation Units;
iv. Community Shared Solar Generation Units; or
v.
Generation Units that provide all of their generation output in the form of
electricity or net metering credits to low or moderate income housing, as defined
under M.G.L. c. 40B, § 20.
For the purposes of 225 CMR 14.05(9)(l)2.a., a Generation Unit's capacity shall
be measured as the total nameplate capacity of the qualified Solar Carve-out II
Renewable Generation Unit on a single parcel of land or on a roof of a single
building.
b. Market Sector B. The following types of Generation Units will qualify as Solar
Carve-out II Renewable Generation Units under Market Sector B provided they meet
the eligibility criteria prescribed in 225 CMR 14.05(9)(a):
i. Building Mounted Generation Units with a capacity of greater than 25 kW; or
ii. Ground mounted Generation Units with a capacity of greater than 25 kW for
which 67% or more of its annual electric output is used on-site as prescribed in
225 CMR 14.05(9)(a).
225 CMR - 126.4
c. Market Sector C. The following types of Generation Units will qualify as Solar
Carve-out II Renewable Generation Units under Market Sector C provided they meet
the eligibility criteria prescribed in 225 CMR 14.05(9)(a):
i.
Generation Units with 75% or more of the nameplate capacity of the solar
modules used for generating power installed at an Eligible Landfill or
Brownfield; or
ii. Ground mounted Generation Units with a nameplate capacity of less than or
equal to 650 kW for which less than 67% of its annual electrical output is used
on-site as prescribed in 225 CMR 14.05(9)(a). For the purposes of 225 CMR
14.05(9)(l)2.c., a Unit's capacity shall be measured as the total capacity of
qualified Solar Carve-out II Renewable Generation Units on a single parcel of
land.
d.
Managed Growth Sector. Any Solar Carve-out II Renewable Generation Unit
that does not meet the solar market sectors specified in 225 CMR 14.05(9)(l)2.a.
through c. shall be eligible to qualify as Managed Growth. There shall be no more
than 126 MW of Managed Growth Solar Carve-out II Renewable Generation Units.
3. The SREC Factor assigned to a Unit in its Statement of Qualification shall remain its
SREC Factor for its entire term it is eligible to generate Solar Carve-out II Renewable
Generation Attributes subject to the limitations in 225 CMR 14.05(9)(l)4., unless
otherwise approved at the Department's discretion.
Solar Carve-out II Renewable Generation Units with an RPS Effective Date on or
before March 31, 2018 will be eligible to receive Solar Carve-out II Renewable
Generation Attributes for 40 quarters. However, no Solar Carve-out II Renewable
Generation Unit will generate Solar Carve-out II Renewable Generation Attributes after
Compliance Year 2027.
Notwithstanding 225 CMR 14.05(9)(l)3., any Solar Carve-out II Renewable
Generation Unit that has a nameplate capacity equal to or less than 25 kW and receives
an authorization to interconnect after January 8, 2017 or that qualifies for an extension
under 225 CMR 14.05(9)(p)4.a. will receive a lower SREC Factor that shall be
established in a revision to the SREC Factor Guideline on or before August 31, 2016.
(m) The Department shall issue a Guideline outlining the process for providing Assurance
of Qualification or queuing position to Solar Carve-out II Renewable Generation Units as
outlined in 225 CMR 14.05(9)(n) and (o). The Guideline may consider accommodations for
small Generation Units and will provide a queuing system for Generation Units awaiting an
Assurance of Qualification. The content of the Guideline will be subject to stakeholder
review and comment.
(n)
A Generation Unit seeking a Statement of Qualification as a Solar Carve-out II
Renewable Generation Unit must submit a Statement of Qualification Application.
(o)
The Department shall grant a Statement of Qualification to Solar Carve-out II
Renewable Generation Units that have submitted a complete Statement of Qualification
Application and meet the eligibility criteria prescribed in 225 CMR 14.05(9).
(p) As of April 8, 2016, the Department shall provide Statements of Qualifications to all
Solar Carve-out II Renewable Generation Units with submitted Statement of Qualification
Applications as follows, provided such Solar Carve-out II Renewable Generation Units meet
all other eligibility criteria of 225 CMR 14.00.
1. A Solar Carve-out II Renewable Generation Unit with a rated capacity greater than
25 kW that has received an Assurance of Qualification under the Solar Carve-out II
Program Capacity Cap as of April 8, 2016, shall immediately be granted a Statement of
Qualification. The Solar Carve-out II Renewable Generation Unit will retain its
Statement of Qualification only if the Generation Unit meets the project construction
timelines prescribed in 225 CMR 14.05(9)(p)4.
2. A Solar Carve-out II Renewable Generation Unit with a rated capacity greater than
25 kW that submits a complete Statement of Qualification Application shall be provided
a Statement of Qualification. The Solar Carve-out II Renewable Generation Unit will
retain its Statement of Qualification only if the Generation Unit meets the project
construction timelines prescribed in 225 CMR 14.05(9)(p)4.
225 CMR - 126.5
3. A Solar Carve-out II Renewable Generation Unit that has a rated capacity equal to
or less than 25 kW, which has both received its authorization to interconnect or
permission to operate from its local Distribution Company and submitted a Statement of
Qualification Application by the SMART Program Effective Date, as defined in
225 CMR 20.05(2): SMART Program Effective Date, shall be provided a Statement of
Qualification provided it meets all other applicable eligibility criteria of 225 CMR 14.00.
For the purpose of 225 CMR 14.05(9)(p)3., the Generation Unit's capacity shall be
measured as the total capacity of qualified Solar Carve-Out Renewable Generation and
Solar Carve-Out II Renewable Generation on a single parcel of land or on a roof of a
single building, whichever is less.
4. A Solar Carve-out II Renewable Generation Unit with a rated capacity greater than
25 kW that has received a Statement of Qualification must receive its authorization to
interconnect or permission to operate from its local Distribution Company on or before
January 8, 2017, in order to retain its Statement of Qualification. However, a Solar
Carve-out II Renewable Generation Unit that does not receive its authorization to
interconnect or permission to operate from its local Distribution Company on or before
January 8, 2017, may also retain its Statement of Qualification if it can meet the
following criteria:
a.
If a Solar Carve-out II Renewable Generation Unit can demonstrate to the
Department's satisfaction that it has expended at least 50% of its total construction
costs by January 8, 2017, it will be provided an extension through May 8, 2017, at
which point the Generation Unit must provide evidence that it has received its
authorization to interconnect or permission to operate, or that it meets the criteria to
qualify for an additional extension under 225 CMR 14.05(9)(p)4.b or c.
b.
If a Solar Carve-out II Renewable Generation Unit can demonstrate to the
Department's satisfaction that its interconnection depends only upon receipt of notice
of authorization to interconnect from the Distribution Company, its Statement of
Qualification shall be extended indefinitely until such notice is received or denied.
c.
If a Solar Carve-out II Renewable Generation Unit can demonstrate to the
Department's satisfaction that good cause warrants an extension outside of that
permitted under 225 CMR 14.05(9)(p)4.a. or b., its Statement of Qualification shall
be extended by an amount of time to be determined by the Department.
d.
Details on additional deadlines and eligibility criteria can be found in the
Department's SREC Factor Guideline.