Land Use

(1) Ineligible Land. An STGU shall be ineligible for 225 CMR 28.00 if its Project Footprint overlaps with the following land use types: (a) Wetland Resource Areas, as defined under 310 CMR 10.04: Definitions, not including Buffer Zones, as defined under 310 CMR 10.04: Definitions, except as authorized by all necessary regulatory bodies in accordance with all applicable regulations, guidance, and policies; (b) properties included in the State Register pursuant to 950 CMR 71.00: Protection of Properties Included in the State Register of Historic Places, except as authorized by regulatory bodies; or (c) protected open space as established under Article XCVII of the Amendments to the Constitution. An STGU shall not be subject to 225 CMR 28.08(1)(c) if it receives one of the Locational Compensation Rate Adders listed under 225 CMR 28.13(3)(b). (2) Ineligible Land for Ground-mounted STGUs above 250 kW. A ground-mounted STGU above 250 kW that is not located on Previously Developed land and does not qualify for a Locational Compensation Rate Adder listed under 225 CMR 28.13(3)(b) shall be ineligible for 225 CMR 28.00 if: (a) the Project Footprint overlaps with land designated as Core Habitat; or (b) more than 10% of the Project Footprint overlaps with the highest levels of forest carbon in Massachusetts, as detailed in the Department's Guideline Regarding Land Use, Siting, and Project Segmentation. (3) Determination of Previously Developed Land. An Applicant may request a determination from the Department whether a prospective Project Footprint meets the definition of Previously Developed. The Department may consult with relevant agencies in issuing a determination. Further guidance on acceptable documentation to demonstrate that a Project Footprint meets the definition is detailed in the Department's Guideline Regarding Land Use, Siting, and Project Segmentation. (4) Single Parcel Requirement. For any parcel of land for which an STGU has submitted a Statement of Qualification Application, if its current boundaries are the result of a subdivision recorded after January 1, 2020, the Owner shall demonstrate to the Department that the subdivision was not for the purpose of obtaining eligibility as an STGU. (5) Project Segmentation. No more than one STGU on a single building, or one ground-mounted STGU on a single parcel shall be eligible to receive a Statement of Qualification as an STGU under 225 CMR 28.00. (a) Exceptions to Project Segmentation. Notwithstanding 225 CMR 28.08(5), the following types of STGUs may be eligible to receive a Statement of Qualification, subject to demonstration to the Department's satisfaction that one of the following exceptions should apply: 1. two or more separately metered behind-the-meter STGUs located on the same parcel. If the combined capacity of the STGUs is over 250 kW, the STGUs shall have separate End-use Customers; 2. an STGU 25 kW or less, a Canopy STGU, a Floating STGU, or a Building Mounted STGU, which is located on the same parcel as another STGU, provided that the STGU is separately metered from the original STGU and, in the case of an STGU 25 kW or less or a Building Mounted STGU, is located on a separate building from the original STGU; 3. a Dual-use Agricultural STGU located on the same parcel as another STGU, provided that the STGU is separately metered from the original STGU and the original STGU is not a ground-mounted STGU; 4. a Canopy STGU located on the same parcel as another Canopy STGU, provided that the STGU is separately metered from the original STGU; 5. an STGU on a Brownfield located on the same parcel as another STGU on a Brownfield, provided that the STGU is separately metered from the original STGU and that the total capacity qualified for the parcel is less than or equal to 10,000 kW; 6. an STGU on an Eligible Landfill located on the same parcel as another STGU on an Eligible Landfill, provided that the STGU is separately metered from the original STGU and that the total capacity qualified for the parcel is less than or equal to 10,000 kW; 7. an STGU 25 kW or less or a Building Mounted STGU, which is located on the same building as another STGU, provided that the STGU is separately metered from the original STGU and is connected to a meter of a separate End-use Customer as the original STGU; 8. an STGU located on the same parcel that submits a Statement of Qualification Application at least twelve months after the Commercial Operation Date of the original STGU and is separately metered or that can demonstrate to the Department's satisfaction that the Owners of the STGUs are unaffiliated parties; 9. an STGU that is physically located on a parcel or parcels of land owned or controlled by the Massachusetts Department of Transportation as established by M.G.L. c. 6C and can demonstrate to the Department's satisfaction that it should be granted an exception to the provisions of 225 CMR 28.08(5); and 10. an STGU that can demonstrate to the Department's satisfaction that it should be granted an exception to the provisions of 225 CMR 28.08(5) for good cause. (6) Environmental Monitor. All STGUs qualifying as Dual-use Agricultural STGUs or subject to the requirements of 225 CMR 28.09 shall work with the Environmental Monitor pursuant to the following requirements. (a) Payment of Fees. Applicants shall be responsible for the payment of fees for the cost of the Environmental Monitor's site visits, compliance certification, and other related activities. (b) Site Visits. The Environmental Monitor shall conduct site visits to the location of the STGU to ensure compliance with the Performance Standards detailed in 225 CMR 28.08(7) and provide recommendations on minimizing site impacts. 1. A minimum of two site visits shall occur, one prior to the Department issuing a Preliminary Statement of Qualification and one prior to the Department issuing a Final Statement of Qualification. STGUs that submit a Statement of Qualification Application in the initial ten-day application window under 225 CMR 28.06(4)(b) for Program Year 2025 or Program Year 2026 maybe issued a PreliminaryStatement of Qualification prior to an initial visit from the Environmental Monitor. Such STGUs shall have a site visit from the Environmental Monitor within 90 days of receiving their Preliminary Statement of Qualification. Subject to the availability of the Environmental Monitor, the Department may extend the 90-day window on a case-by-case basis. 2. The Department may require additional site visits by the Environmental Monitor as necessary. 3. Site visits may occur during all stages of project development and up to two years following Mechanical Completion. 4. Applicants shall ensure that the Environmental Monitor has adequate access to project facilities and information required to ensure compliance with the Performance Standards. (7) Performance Standards. All STGUs qualifying as Dual-use Agricultural STGUs or subject to the requirements of 225 CMR 28.09 shall work with the Environmental Monitor to obtain a certification that the construction of the STGU complies with the below standards. In the event that compliance with one or more listed Performance Standards conflicts with a permit requirement imposed by an authority having jurisdiction, compliance with the permit requirement shall take precedence and the Environmental Monitor shall deem the STGU in compliance with the applicable Performance Standard. (a) no removal of field soils; (b) existing leveled field areas shall be left as is without disturbance; (c) where soils need to be leveled and smoothed, such as filling potholes or leveling, this shall be done with minimal overall impact with all displaced soils returned to the areas affected; (d) ballasts, screw-type, or post driven pilings and other acceptable minimal soil impact methods that do not require footings or other permanent penetration of soils for mounting are required, unless the need for such can be demonstrated; (e) any soil penetrations that may be required for providing system foundations necessary for additional structural loading or for providing system trenching necessary for electrical routing shall be done with minimal soils disturbance, with any displaced soils to be temporary and recovered and returned after penetration and trenching work is completed; (f) no concrete or asphalt shall be used in the solar array mounting area other than surface mounted ballasts or other code required surfaces, such as for transformer or electric gear pads; (g) address soil and water resource concerns that may be impacted to ensure the installation does not disturb an existing soil and water conservation plan or to avoid creating a negative impact to soil and water conservation best management practices, such as stimulating erosion or water run-off conditions; (h) there shall be limited use of geotextile fabrics; (i) vegetative cover shall be maintained to prevent soil erosion and plantings shall be native species appropriate to the geographical area, to the maximum extent feasible, consistent with The Vascular Plants of Massachusetts: A County Checklist provided by the Massachusetts Natural Heritage and Endangered Species Program; (j) principles of Environmentally Sensitive Site Design and Low Impact Development Techniques, as defined under 310 CMR 10.04: Definitions, shall be employed; (k) Stormwater Management Standards, as outlined under 310 CMR 10.05(6)(k), shall be employed.