Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I
Section 14.05 - Eligibility Criteria for RPS Class I, Solar Carve-out Renewable Generation Units, and Solar Carve-out II Renewable Generation Units
Universal Citation: 225 MA Code of Regs 225.14
Current through Register 1531, September 27, 2024
(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.
5. 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
(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.
7.
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.
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.
g. In the case of a Generation Unit that uses
anaerobic digester gas or another biogas that is an Eligible Biomass Fuel, such
gas 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.
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.
(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).
1.
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.
(e)
Capacity
Obligation. The Generation Unit's generating capacity is subject
to the obligations in CMR 14.05(1)(e).
1. The
amount of the generation capacity of the Generation Unit whose electrical
energy output is claimed as RPS Class I Renewable Generation shall not be
committed to any Control Area other than the ISO-NE Control Area unless such
Generation Unit has entered into a Capacity Obligation in another Control Area
before the start of the first available compliance year for the ISO-NE Forward
Capacity Market, in which case this subsection shall apply upon the expiration
of that Capacity Obligation. However, if the Generation Unit executed a
contract for the sale of RPS Class I Renewable Generation Attributes or RPS
Class I Renewable Generation, or both, before January 1, 2009, for a term of at
least two years, the contract price of which relied on the receipt of capacity
payments from a Control Area adjacent to the ISO-NE Control Area, and the
Generation Unit can demonstrate such reliance to the satisfaction of the
Department, this requirement shall not take effect for that Generation Unit
until the expiration of that contract.
2. The Generation Unit Owner or Operator of a
Generation Unit that is not an Intermittent Generation Unit shall commit to the
ISO-NE Control Area the amount of the capacity of that Unit claimed as RPS
Class I Renewable Generation by submitting by the applicable deadline a show of
intent for the ISO-NE Forward Capacity Auction that is the earliest available
for the Unit after the Owner or Operator has submitted a Statement of
Qualification Application unless the Owner or Operator can provide to the
Department documentation of its prior commitment to the ISO-NE Control Area of
such capacity. The Owner or Operator of any Unit that cannot demonstrate such
prior commitment must also clear the Forward Capacity Auction for which it has
qualified, even if it must participate as a price taker. The requirements of
225 CMR 14.05(1)(e)2. do not apply to Generation Units for which the Department
has received an administratively complete Statement of Qualification
Application prior to July 2, 2008.
3. An RPS Class I Renewable Generation Unit
that was deemed unqualified by the ISO-NE for participation in the ISO-NE
Forward Capacity Market for technical reasons may commit capacity to another
Control Area and may receive GIS Certificates for the energy sold into the
ISO-NE Control Area, subject to a determination by the Department.
4. An RPS Class I Renewable Generation Unit
or a Solar Carve-out Renewable Generation Unit that has registered with the
relevant distribution company as a net metering facility pursuant to 220 CMR
18.00: Net Metering, shall be exempt from the capacity
obligation under 225 CMR 14.05(1)(e) while the facility is net
metering.
(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.
(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.
(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.
2. 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.
3. 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.
4. 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.
(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.
(d)
Replacement Generation Unit
for Vintage Generation Unit Destroyed or Subject of Government
Taking. All of the electrical output of a Generation Unit that
replaces the output of an RPS Class I Vintage Generation Unit originally
qualified as New Renewable Generation under 225 CMR 14.05(1)(a)5. at the same
location, or proximate thereto, and utilizes the fuel resource of that
location, may qualify as RPS Class I Renewable Generation without a Historical
Generation Rate if the Owner or Operator can demonstrate to the satisfaction of
the Department that the Unit has been has been rendered functionally or
financially inoperable by (A) an act of God, (B) an act of war, (C) an act of
terrorism or (D) an act of eminent domain.
(e)
Relocated or Replacement
Solar Carve-out Renewable Generation Units.
1.
Relocated Solar Carve-out
Renewable Generation Unit. A solar photovoltaic Generation Unit
whose Power Conversion Technology was used on or before December 31, 2007, to
generate electrical energy outside of the Commonwealth of Massachusetts, and
that is relocated into the Commonwealth after December 31, 2007 provided that
any components of the Power Conversion Technology that were not used outside of
the Commonwealth were first used in a Generation Unit after December 31,
2007.
2.
Replacement
Solar Carve-out Renewable Generation Unit. A solar photovoltaic
Generation Unit that replaces a mothballed or decommissioned solar photovoltaic
Generation Unit that had operated on the same site on or before December 31,
2007, subject to the following limitations:
a. The entire Power Conversion Technology of
the existing Unit is replaced with equipment that was manufactured after
December 31, 2007, or was not part of a Generation Unit meeting the description
of a Unit in 225 CMR 14.05(4)(b); and
b. The existing Unit has not been in
commercial operation for at least five years prior to the submission of the
Statement of Qualification Application.
(f)
Relocated or Replacement
Solar Carve-out II Renewable Generation Units.
1.
Relocated Solar Carve-out II
Renewable Generation Unit. A solar photovoltaic Generation Unit
whose Power Conversion Technology was used on or before December 31, 2012, to
generate electrical energy outside of the Commonwealth of Massachusetts, and
that is interconnected with the electric grid in the Commonwealth after
December 31, 2012, provided that no components of the Power Conversion
Technology were used in a Generation Unit located in the Commonwealth prior to
December 31, 2012. No components of the Power Conversion Technology from a
Generation Unit qualified as a Solar Carve-out Generation Unit shall be
eligible to qualify as part of a Solar Carve-out II Renewable Generation
Unit.
2.
Replacement
Solar Carve-out II Renewable Generation Unit. A solar photovoltaic
Generation Unit that replaces a inactive or decommissioned solar photovoltaic
Generation Unit that had operated on the same site on or before December 31,
2012, subject to the following limitations:
a. The entire Power Conversion Technology of
the existing Unit is replaced with equipment that was manufactured after
December 31, 2012, or was not part of a Generation Unit meeting the description
of a Unit in 225 CMR 14.05(9)(b); and
b. The existing Unit has been inactive for at
least five years prior to the submission of the Statement of Qualification
Application.
(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:
1. 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).
(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.
|
Compliance Year |
Solar Credit Clearinghouse Auction-II Fixed Price, $ per Generation Attribute |
|
2014 |
$300 |
|
2015 |
$300 |
|
2016 |
$300 |
|
2017 |
$285 |
|
2018 |
$271 |
|
2019 |
$257 |
|
2020 |
$244 |
|
2021 |
$232 |
|
2022 |
$221 |
|
2023 |
$210 |
|
2024 |
$199 |
|
2025 |
$189 |
|
2026 |
$180 |
|
2027 and after |
$171 |
(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.
(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:
1. 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.
3. 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:
1. 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.
2. 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).
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.
4. 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.
5. 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.
1. For the purpose of
managing the supply of qualified Solar Carve-out II Renewable Generation Units,
the Department shall establish annual capacity blocks that provide the number
of MW that may qualify as Solar Carve-out II Renewable Generation Units for
each Compliance Year under the Managed Growth Sector. For Compliance Year 2014
the annual capacity block shall be 26 MW, and for Compliance Year 2015, the
annual capacity block shall be 80 MW. No later than August
30th of each year, the Department shall announce on
its website the annual capacity block for the Compliance Year two years in the
future, so that the projected installed capacity of all Solar Carve-out II
Renewable Generation Units is estimated to not exceed the following cumulative
installed capacity targets:
|
Compliance Year |
Cumulative Installed Capacity Target, MW |
|
2016 |
477 minus (Solar Carve-out Program Capacity Cap minus 400) * 0.333 |
|
2017 |
636 minus (Solar Carve-out Program Capacity Cap minus 400) * 0.500 |
|
2018 |
824 minus (Solar Carve-out Program Capacity Cap minus 400) * 0.667 |
|
2019 |
1012 minus (Solar Carve-out Program Capacity Cap minus 400) * 0.833 |
|
2020 and beyond |
1200 minus (Solar Carve-out Program Capacity Cap minus 400) * 1.000 |
2. The
allocation of applications to annual capacity blocks shall be based on the
order in which administratively complete applications are received by the
Department. A Generation Unit that otherwise meets the eligibility of a Solar
Carve-out II Renewable Generation Unit shall be qualified by the Department to
generate Solar Carve-out II Renewable Generation Attributes no earlier than the
Compliance Year under whose annual capacity block the Generation Unit's
capacity was allocated. The Department shall provide on its website a
periodically updated list of the capacity of Solar Carve-out II Renewable
Generation Units qualified under each annual capacity block that has been
announced. (n) 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)(o) and (p). The
Guideline may consider accommodations for small generation units and will
provide a queuing system for 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.
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.
(q) The Department or its agent shall establish a
program utilizing ACP funds to enhance the availability of ownership financing
options for Solar Carve-out II Renewable Generation Units. This program shall
focus on owner financing for Solar Carve-out II Renewable Generation Units
installed on residential buildings and other buildings owned by not-for-profit
organizations whose purposes are among those listed in Section 501(c)(3) of the
Internal Revenue Code, and who are incorporated under state law as
not-for-profit corporations.
(r) In
establishing the annual capacity block for each compliance year as specified in
225 CMR 14.05(9)(m)1., on petition of an electric distribution company, the
Department may establish a competitive program for all or some of the annual
capacity block and other Solar Carve-out II Renewable Generation Units. In its
petition to the Department, the electric distribution company must demonstrate
that the competitive program has received prior review and approval by the
Massachusetts Department of Public Utilities.
(s) 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.
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 this subparagraph, 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.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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