Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I
Section 14.07 - Renewable Energy Portfolio Standard - Class I
Universal Citation: 225 MA Code of Regs 225.14
Current through Register 1531, September 27, 2024
(1) RPS Class I Minimum Standard. The total annual sales of each Retail Electricity Product sold to Massachusetts End-use Customers by a Retail Electricity Supplier shall include a minimum percentage, as specified in the table in 225 CMR 14.07, of electrical energy sales with RPS Class I Renewable Generation Attributes, Solar Carve-out Renewable Generation Attributes, and Solar Carve-out II Renewable Generation Attributes. The following table reflects annual total RPS Class I Minimum Standard Percentage requirements, including the Solar Carve-out and Solar Carve-out II Minimum Standards, in effect from 2003 through 2030:
|
Compliance Year |
Cumulative Minimum Percentage, Including Solar Carve-out and Solar Carve-out II |
|
2003 |
1.0% |
|
2004 |
1.5% |
|
2005 |
2.0% |
|
2006 |
2.5% |
|
2007 |
3.0% |
|
2008 |
3.5% |
|
2009 |
4.0% |
|
2010 |
5.0% |
|
2011 |
6.0% |
|
2012 |
7.0% |
|
2013 |
8.0% |
|
2014 |
9.0% |
|
2015 |
10.0% |
|
2016 |
11.0% |
|
2017 |
12.0% |
|
2018 |
13.0% |
|
2019 |
14.0% |
|
2020 |
16.0% |
|
2021 |
18.0% |
|
2022 |
20.0% |
|
2023 |
22.0% |
|
2024 |
24.0% |
|
2025 |
27.0% |
|
2026 |
30.0% |
|
2027 |
33.0% |
|
2028 |
36.0% |
|
2029 |
39.0% |
|
2030 |
40.0% |
After 2030, the RPS Class I Minimum Standard shall increase by 1% in each subsequent Compliance Year unless modified by law.
(2) Solar Carve-out Minimum Standard. All references to kW or MW in 225 CMR 14.07(2) shall be measured on a nameplate capacity basis in direct current (DC).
(a) The total annual sales of each Retail
Electricity Product sold to Massachusetts End-use Customers by a Retail
Electricity Supplier shall include a minimum percentage of electrical energy
sales with Solar Carve-out Renewable Generation Attributes. This percentage
shall be a portion of the Supplier's obligation under
225
CMR 14.07(1) and not an
additional obligation of the Supplier. For each Compliance Year, the Solar
Carve-out Minimum Standard shall be calculated as the total Solar Carve-out
compliance obligation (in MWh) as determined in
225
CMR 14.07(2)(b) and (c),
divided by the total MWh of electrical energy sales by Retail Electricity
Suppliers to End-use Customers in the Compliance Year two years prior, as such
sales are defined in
225
CMR 14.09(2)(a). The
following table reflects the Minimum Standards in effect from Compliance Years
2010 through 2021 by year and the execution date of a retail supply contract:
|
Solar Carve-out Minimum Standards |
||
|
Compliance Year |
Retail Contract Execution Date |
Minimum Standard |
|
2010 |
N/A |
0.0679% |
|
2011 |
N/A |
0.1627% |
|
2012 |
N/A |
0.1630% |
|
2013 |
On or before 6/7/2013 |
0.2744% |
|
After 6/7/2013 |
0.3833% |
|
|
2014 |
N/A |
0.9481% |
|
2015 |
On or before 6/28/2013 |
1.5359% |
|
After 6/28/2013 |
2.1442% |
|
|
2016 |
On or before 6/28/2013 |
0.9801% |
|
After 6/28/2013 |
1.7568% |
|
|
2017 |
On or before 6/28/2013 |
0.9861% |
|
After 6/28/2013 |
1.6313% |
|
|
2018 |
On or before 6/28/2013 |
1.1411% |
|
After 6/28/2013 |
1.7903% |
|
|
2019 |
On or before 6/28/2013 |
1.0978% |
|
After 6/28/2013 |
1.7458% |
|
|
2020 |
On or before 6/28/2013 |
0.9867% |
|
After 6/28/2013 |
1.6116% |
|
|
2021 |
On or before 6/28/2013 |
1.0181% |
|
After 6/28/2013 |
1.6629% |
|
(b) For
all Compliance Years subsequent to 2021, the Minimum Standards calculated for
the Solar Carve-out, which shall be announced by the Department not later than
August 31st of the preceding Compliance Year, shall
be determined by first calculating the compliance obligation and setting it to
either:
1. the total Solar Carve-out Renewable
Generation Attributes projected to be generated for the previous Compliance
Year (CY-1) minus the total Solar Carve-out Renewable Generation Attributes
that will no longer be generated in the Compliance Year per
225
CMR 14.06(3)(e);
or
2. the total Solar Carve-out
Renewable Generation Attributes projected to be generated for the previous
Compliance Year (CY-1) minus the total Solar Carve-out Renewable Generation
Attributes that will no longer be generated in the Compliance Year per
225
CMR 14.06(3)(e), minus the
quantity of solar carve-out Alternative Compliance Credits used for the
Compliance Year two years prior (CY-2), plus the number of Solar Carve-out
Renewable Generation Attributes from the Compliance Year two years prior (CY-2)
banked as provided under
225
CMR 14.08(2), plus the
number of Solar Carve-out Renewable Generation Attributes from the Compliance
Year two years prior (CY-2) deposited into the Solar Credit Clearinghouse
Auction Account, whichever is greater.
(c)
Minimum Standard for Retail
Load Served under Contracts Executed on or Before June 28, 2013.
The Solar Carve-out Minimum Standard applied to Retail Electricity Suppliers
for that portion of electrical energy sales that were subject to a contract
executed or extended prior to June 28, 2013 shall be calculated based on a
compliance obligation calculated per
225
CMR 14.07(2)(b) as if the
Solar Carve-out Program Capacity Cap was 400 MW minus the capacity from Solar
Carve-out Renewable Generation Units that will no longer be eligible per
225
CMR 14.06(3)(e).
225
CMR 14.07(2)(c) applies
only if the Retail Electricity Supplier provides documentation, satisfactory to
the Department, identifying the terms of such contracts including, but not
limited to, the execution and expiration dates of the contract and the annual
volume of electrical energy supplied.
(d) In the instance the Solar Credit
Clearinghouse Auction under
225
CMR 14.05(4)(g) does not
clear, prior to conducting an auction under
225
CMR 14.05(4)(h), the
Department shall recalculate the Solar Carve-out Minimum Standards for the
Compliance Year two years following the Compliance Year in which the Solar
Carve-out Renewable Generation Attributes deposited into the Solar Credit
Clearinghouse Auction Account were generated by adding to the previously
calculated total compliance obligations under
225
CMR 14.07(2)(b) and (c) the
number of Solar Carve-out Renewable Generation Attributes deposited into the
Solar Credit Clearinghouse Auction Account such that the number of Attributes
deposited is counted twice.
(e)
Compliance Year 2023 shall be the final Compliance Year of the Solar Carve-out
program. In the event that a Solar Credit Clearinghouse Auction is held for
Compliance Year 2022 or 2023 and creates Re-minted Auction Account Attributes
that can be used for Compliance Years after 2023, the Department shall extend
the final Compliance Year by one additional Compliance Year. The compliance
obligation for this additional Compliance Year will be equal to the number of
Solar Carve-out Renewable Energy Generation Attributes deposited into the Solar
Credit Clearinghouse Auction Account plus the number of remaining Re-Minted
Auction Account Attributes and banked Solar Carve-out Renewable Generation
Attributes that have not been used for meeting any compliance obligation. The
Solar Carve-out Minimum Standard shall be set to zero for the year after this
additional Compliance Year.
(f) In
the event that there is an additional Compliance Year added as a result of an
Auction in the final Compliance Year, Solar Carve-out Renewable Energy
Generation Attributes shall cease to exist as of the start of the additional
Compliance Year, and all generation from qualified Solar Carve-out Generation
Units shall produce RPS Class I Generation Attributes.
(g) In the event that there is no additional
Compliance Year added as the result of an Auction in the final Compliance Year,
the Department shall set the Solar Carve-out Minimum Standard to zero for the
year after the final Compliance Year. From this time forward, Solar Carve-out
Renewable Energy Generation Attributes shall cease to exist, and all generation
from qualified Solar Carve-out Renewable Generation Units shall produce RPS
Class I Renewable Energy Attributes.
(3) Solar Carve-out II Minimum Standard. All references to MW in 225 CMR 14.07(3) shall be measured on a nameplate capacity basis in direct current (DC).
(a) The total annual sales of each Retail
Electricity Product sold to Massachusetts End-use Customers by a Retail
Electricity Supplier shall include a minimum percentage of electrical energy
sales with Solar Carve-out II Renewable Generation Attributes. This percentage
shall be a portion of the Supplier's obligation under
225
CMR 14.07(1) and not an
additional obligation of the Supplier. For each Compliance Year, the Department
shall calculate the Solar Carve-out II Minimum Standard by dividing the total
Solar Carve-out II compliance obligation (in MWh), as determined in
225
CMR 14.07(3)(b) and (c), by
the total MWh of electrical energy sales by Retail Electricity Suppliers to
End-use Customers in the Compliance Year two years prior, as such sales are
defined in
225
CMR 14.09(2)(a). The
following table reflects the Minimum Standards in effect from Compliance Years
2014 through 2021 by year and the execution date of a retail supply contract:
|
Solar Carve-out II Minimum Standards |
||
|
Compliance Year |
Retail Contract Execution Date |
Minimum Standard |
|
2014 |
On or before 4/25/2014 |
0.0000% |
|
After 4/25/2014 |
0.0843% |
|
|
2015 |
On or before 4/25/2014 |
0.0000% |
|
After 4/25/2014 |
0.3288% |
|
|
2016 |
On or before 4/25/2014 |
0.0000% |
|
After 4/25/2014 |
0.7851% |
|
|
2017 |
On or before 4/25/2014 |
0.0000% |
|
After 4/25/2014 and on or before 5/8/2016 |
2.0197% |
|
|
After 5/8/2016 |
2.8628% |
|
|
2018 |
On or before 4/25/2014 |
0.0000% |
|
After 4/25/2014 and on or before 5/8/2016 |
2.6823% |
|
|
After 5/8/2016 |
4.0683% |
|
|
2019 |
On or before 4/25/2014 |
0.0000% |
|
After 4/25/2014 and on or before 5/8/2016 |
2.3196% |
|
|
After 5/8/2016 |
3.9141% |
|
|
2020 |
On or before 4/25/2014 |
0.0000% |
|
After 4/25/2014 and on or before 5/8/2016 |
2.2040% |
|
|
After 5/8/2016 |
3.8011% |
|
|
2021 |
After 4/25/2014 and on or before 5/8/2016 |
2.2672% |
|
After 5/8/2016 |
3.9284% |
|
(b) For
all Compliance Years subsequent to 2021, the Minimum Standard for the Solar
Carve-out II shall be announced by the Department not later than August
31st of the preceding Compliance Year and shall be
determined by the Department after calculating a compliance obligation as equal
to the sum of the following quantities of generated and projected SREC IIs:
1.
Installed SREC II
Supply. For all Solar Carve-out II Renewable Generation Units
installed at the time of the determination, the Department shall project the
Compliance Year generation of SREC IIs based on assigned SREC
Factors.
2.
Qualified
but Not Installed SREC II Supply. For all Solar Carve-out II
Renewable Generation Units that have received Statements of Qualification as
Solar Carve-out II Renewable Generation Units from the Department, but whose
Commercial Operation Dates have not yet been reached, the Department shall
project the Compliance Year generation of SREC IIs based on assigned SREC
Factors and expected Commercial Operation Dates.
3.
Projected New
Supply. The Department shall provide a projection of SREC II
supply in Compliance Year from new installations that have not yet received
Statements of Qualification based on prior growth trends by market sectors and
all other available information.
4.
Rollover Volume. The volume of SREC IIs generated in
the Compliance Year two and three years prior to the Compliance Year for which
the compliance obligation is being calculated that remain available for
compliance, including each of the following:
a. re-minted auction-II account Generation
Attributes as established in
225
CMR 14.05(9)(e) and (g);
and
b. banked Solar Carve-out II
Renewable Generation Attributes as allowed in
225
CMR 14.08(2).
5.
Third Round Auction
Volume Doubling. In the case of a third round Solar Credit
Clearinghouse Auction-II under
225
CMR 14.05(9)(g), the volume
of SREC IIs deposited into the Solar Credit Clearinghouse Auction II Account in
the Compliance Year two years prior to the Compliance Year for which the
compliance obligation is being calculated, as prescribed by
225
CMR 14.07(3)(d).
(c)
Compliance
Exemptions for Retail Load Served under Existing Contracts. The
following methodologies will be used to calculate the compliance obligations
and resulting Minimum Standards that apply to electrical energy sales that were
subject to contracts executed or extended prior to certain dates as prescribed
in 225 CMR
14.07(3)(c)1. through 2.
These provisions apply only if the Retail Electricity Supplier provides
documentation, satisfactory to the Department, identifying the terms of such
contracts including but not limited to, the execution and expiration dates of
the contract and the annual volume of electrical energy supplied.
1.
Minimum Standard for Retail
Load Served under Contracts Executed on or before April 25, 2014.
There shall be no Solar Carve-out II Minimum Standard applied to Retail
Electricity Suppliers for that portion of electrical energy sales that were
subject to a contract executed or extended prior to April 25, 2014.
2.
Minimum Standard for Retail
Load Served under Contracts Executed after April 25, 2014 and on or before May
8, 2016. The Solar Carve-out II Minimum Standard applied to Retail
Electricity Suppliers for that portion of electrical energy sales that were
subject to a contract executed or extended after April 25, 2014 and on or
before May 8, 2016 shall be calculated based on a compliance obligation
calculated per
225
CMR 14.07(3)(b) as if the
combined Solar Carve-out Program Capacity Cap and Solar Carve-out II Program
Capacity Cap were 1,600 MW.
(d) In the instance the Solar Credit
Clearinghouse Auction-II under
225
CMR 14.05(9)(g) does not
clear, prior to conducting an auction under
225
CMR 14.05(9)(h), the
Department shall recalculate the Solar Carve-out II Minimum Standard for the
Compliance Year two years following the Compliance Year in which the SREC IIs
deposited into the Solar Credit Clearinghouse Auction-II Account were
generated. This recalculation shall add to the previously calculated total
compliance obligation under
225
CMR 14.07(3)(b)1. through 4.
the number of SREC IIs deposited into the Solar Credit Clearinghouse Auction-II
Account.
(e) The Department shall
publish on its website a Guideline that provides clear and precise
methodologies by which it will calculate each of the quantities in
225
CMR 14.07(3)(b), and the
compliance obligation. The Department shall maintain within this Guideline
up-to-date publicly available data that serve as input into these
calculations.
(f) Compliance Year
2027 shall be the final Compliance Year of the Solar Carve-out II program. In
the event that a Solar Credit Clearinghouse Auction-II is held for Compliance
Year 2026 or 2027 and creates SREC IIs that can be used for Compliance Years
after 2027, the Department shall extend the final Compliance Year by one
additional Compliance Year to 2028 or 2029, respectively. The compliance
obligation for any additional Compliance Year will be equal to the number of
Solar Carve-out II Renewable Energy Generation Attributes deposited into the
Solar Credit Clearinghouse Auction-II account plus the number of remaining SREC
IIs and banked SREC IIs that have not been used for meeting any prior
compliance obligation. The Solar Carve-out II Minimum Standard shall be set to
zero for the year after this additional Compliance Year, unless a second
additional Compliance Year is required.
(g) In the event that there is an additional
Compliance Year added as a result of an auction in the final Compliance Year,
Solar Carve-out II Renewable Energy Generation Attributes shall cease to exist
as of the start of the additional Compliance Year, and all generation from
qualified Solar Carve-out II Generation Units shall produce RPS Class I
Generation Attributes only.
(h) In
the event that there is no additional Compliance Year added as the result of an
auction in the final two Compliance Years, the Department shall set the Solar
Carve-out II Minimum Standard to zero for the year after the final Compliance
Year. From this time forward, Solar Carve-out II Renewable Energy Generation
Attributes shall cease to exist, and all generation from qualified Solar
Carve-out II Renewable Generation Units shall produce RPS Class I Renewable
Energy Attributes only.
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