Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS)
Section 16.02 - Definitions
Aggregation. A group of one or more Generation Units that receives a single Statement of Qualification from the Department under criteria and procedures set forth in 225 CMR 16.05(3).
Alternative Compliance Credit. A credit obtained by a Retail Electricity Supplier upon making an Alternative Compliance Payment. Such credit may be used to document compliance with 225 CMR 16.07. One unit of credit shall be equivalent to the APS Alternative Generation Attribute associated with one MWh of electrical energy output, or with the equivalent of such output as provided in 225 CMR 16.05(1)(a)2.c. and 225 CMR 16.05(1)(a)3., from an APS Alternative Generation Unit.
Alternative Compliance Payment (ACP). A payment of a certain dollar amount per MWh, resulting in the issuance of Alternative Compliance Credits, which a Retail Electricity Supplier may submit to the Department in lieu of providing APS Alternative Generation Attributes required under 225 CMR 16.07.
APS Alternative Generation. The energy output of an APS Alternative Generation Unit, or the equivalent of such output as provided in 225 CMR 16.05(1)(a)2.b., 225 CMR 16.05(1)(a)3.b., and 225 CMR 16.05(1)(a)6.b. or that portion of the energy output of an Alternative Generation Unit that qualifies under a Co-firing Waiver pursuant to 225 CMR 16.05(2) or under any other applicable provision of 225 CMR 16.00.
APS Alternative Generation Attribute (Attribute). The Generation Attribute of the energy output, or the equivalent of such output as provided in 225 CMR 16.05(1)(a)2.b., 225 CMR 16.05(1)(a)3., and 225 CMR 16.05(1)(a)6.b. of a specific APS Alternative Generation Unit that derives from the Generation Unit's production of APS Alternative Generation.
APS Alternative Generation Unit. A Generation Unit or Aggregation that has received a Statement of Qualification from the Department.
APS Ineligible Energy Source. Any of the following fuels and energy sources, whose use is not eligible for APS Alternative Energy Attributes:
(a) coal;
(b) petroleum coke;
(c) oil, other Petroleum Products as defined in M.G.L. c. 25A, § 3, and other petroleum-derived materials;
(d) natural gas, except when used in Combined Heat and Power or fuel cell technology;
(e) Construction and Demolition Waste as defined in 310 CMR 19.006: Definitions including, but not limited to, chemically-treated wood; and
(f) nuclear power.
APS Renewable Thermal Generation Unit. An APS Alternative Generation Unit or Aggregation that uses one of the technologies provided in 225 CMR 16.05(1)(a)6.a. to generate Useful Thermal Energy and has received a Statement of Qualification from the Department.
Business Day. A business day shall mean Monday through Friday, exclusive of state and federal legal holidays.
Certificates Obligation. A term defined in the NEPOOL GIS Operating Rules at Rule 4.1(b).
Clean Wood. Means Clean Wood as defined in 310 CMR 19.006: Definitions.
Combined Heat and Power (CHP). The generation of electrical and Useful Thermal Energy in a single integrated system.
Commercial Operation Date. The date that a Generation Unit first produces electrical energy for sale within the ISO-NE Control Area. In the case of a Generation Unit that is connected to the End-use Customer's side of the electric meter or produces Off-grid Generation, the date that such Generation Unit first produces electrical energy. In the case of an APS Renewable Thermal Generation Unit, the Commercial Operation Date is the date that such APS Renewable Thermal Generation Unit first produces Useful Thermal Energy.
Compliance Filing. A document filed annually by a Retail Electricity Supplier with the Department documenting compliance with 225 CMR 16.07, consistent with the format set forth in the Guidelines and submitted no later than the first day of July, or the first Business Day thereafter, of the subsequent Compliance Year.
Compliance Year. A calendar year beginning January 1st and ending December 31st, for which a Retail Electricity Supplier must demonstrate that it has met the requirements of 225 CMR 16.07 and 16.08.
Control Area. A geographic region in which a common generation control system is used to maintain scheduled interchange of electrical energy within and without the region.
DCR. The Massachusetts Department of Conservation and Recreation (DCR) established by M.G.L. c. 21, § 1.
Dedicated Energy Crops. Crops grown for the purpose of producing fuel, provided that such crops are not grown on land that sequestered significant amounts of carbon, such as a forest, and provided that such land does not have the economic potential to support production of any other agricultural crop grown for human consumption.
Department. The Massachusetts Department of Energy Resources (DOER), established by M.G.L. c. 25A, § 1.
Efficient Steam Technology. (Reserved)
Eligible Biogas Fuel. A gaseous fuel that is produced by the contemporaneous bacterial decomposition or thermal gasification of Eligible Biomass Fuel. Eligible Biogas Fuel does not include natural gas, but does include renewable natural gas which is Eligible Biogas Fuel upgraded to a quality similar to natural gas.
Eligible Biomass Fuel. Fuel sources consisting of the following:
(a) Eligible Biomass Woody Fuel;
(b) Dedicated Energy Crops;
(c) Manufactured Biomass Fuel;
(d) Eligible Biogas Fuel;
(e) by-products or waste from animals or agricultural crops;
(f) food or vegetative material;
(g) algae;
(h) organic refuse derived fuel; and
(i) Eligible Liquid Biofuel.
Eligible Biomass Woody Fuel. Woody fuels that are derived from the following sources, consistent with the requirements of 225 CMR 16.05(4)(g):
(a) Forest-derived Residues (Residues):
1. Tops, crooks and other portions of trees produced as a by-product and trees collaterally damaged during the normal course of harvesting material, such as timber, pulpwood or cordwood in the implementation of a silvicultural prescription as administered by a licensed or certified forester as prescribed in the Department's Guideline on Biomass, Biogas, and Biofuels for Eligible Renewable Thermal Generation Units.
2. Trees and portions of trees harvested for the purpose of the restoration and management of habitat for rare and endangered species as listed by the Massachusetts Division of Fisheries and Wildlife. Qualifying harvest areas must be approved by the Massachusetts Division of Fisheries and Wildlife Natural Heritage Program.
3. Other woody vegetation that interferes with regeneration or the natural growth of the forest, limited to locally invasive native species and non-native invasive woody vegetation.
(b) Forest-derived Thinnings (Thinnings):
1. Unacceptable growing stock which is defined as trees considered structurally weak or have low vigor and do not have the potential to eventually yield an eight foot saw log or survive for at least the next ten years.
2. Trees removed during thinning operations, the purpose of which is to reduce stand density and enhance diameter growth and volume of acceptable growing stock within the residual stand.
(c) Forest Salvage:
1. Damaged, dying, or dead trees removed due to injurious agents, such as wind or ice storms or the spread of invasive epidemic forest pathogens, insects and diseases or other epidemic biological risks to the forest, but not removed due to competition. Such eligible trees may be removed without limitation for biomass fuel, only if the injurious agent is a threat to forest health or risk to private or public resources, and if the United States Department of Agriculture Animal and Plant Health Inspection Service, the United States Department of Agriculture Forest Service, or appropriate federal or state governmental agency has issued a declaration, rule, or order declaring a major threat to forest health or risk to private or public resources.
2. Trees removed to reduce fire hazard within fire-adapted forest ecosystems, as certified by a letter to the Department from the state agency responsible for forestry in consultation with the appropriate environmental state agencies.
(d) Non-forest-derived Residues:
1. Forest Products Industry: Residues derived from wood products manufacturing consisting of Clean Wood.
2. Land Use Change - Agricultural: Trees cut or otherwise removed in the process of converting forest land to agricultural usage, either for new or restored farm land.
3. Wood Waste: Pruned branches, stumps, and whole trees removed during the normal course of maintenance of public or private roads, highways, driveways, utility lines, rights of way, and parks.
4. Agricultural Wood Waste: Pruned branches, stumps, and whole trees resulting from maintenance activities directly related to the production of an agricultural product.
Eligible Liquid Biofuel. A liquid fuel that is derived from organic waste feedstocks. Organic waste feedstock shall include, but not be limited to, waste vegetable oils, waste animal fats, or grease trap waste. Eligible Liquid Biofuel shall not include petroleum-based waste or Hazardous Waste as defined in 310 CMR 40.0006: Terminology, Definitions, and Acronyms, unless otherwise determined by the MassDEP.
End-use Customer. A person or entity in Massachusetts that purchases electrical energy at retail from a Retail Electricity Supplier, except that a Generation Unit taking station service at wholesale from ISO-NE or self-supplying from its owner's other generating stations, shall not be considered an End-use Customer.
Flywheel. A device used to store rotational kinetic energy.
Fuel Cell Generation Unit. A device that uses Hydrogen as a fuel in an electro-chemical reaction to produce electricity, thermal energy, and water.
Generation Attribute. A non-price characteristic of the energy output of a Generation Unit including, but not limited to, the Unit's fuel type, emissions, vintage and APS eligibility.
Generation Unit. A facility that converts a fuel or an energy resource into electrical energy, thermal energy, or both.
GIS Certificate. An electronic record produced by the NEPOOL GIS that identifies Generation Attributes of each MWh accounted for in the NEPOOL GIS.
Guidelines. A set of clarifications, interpretations, and procedures, including forms, developed by the Department to assist in compliance with the requirements of 225 CMR 16.00. The Department may issue new or revised Guidelines, after a public comment period. Each Guideline shall be effective on its date of issuance or on such date as specified, except as otherwise provided in 225 CMR 16.00.
International Association of Plumbing and Mechanical Officials (IAPMO). The International Association of Plumbing and Mechanical Officials is a nonprofit, accredited standards developer and certification body which rates and certifies solar heating collectors and systems.
Incremental Electrical Energy. Electrical energy generated by a CHP Unit that is either greater than (expressed as a positive amount) or less than (expressed as a negative amount) the electrical energy generated by the CHP Unit prior to the addition of new electric generation nameplate capacity, Useful Thermal Energy, or Incremental Useful Thermal Energy.
Incremental Fuel. The amount of additional fuel used by a CHP Generation Unit which is attributable to the production of Incremental Useful Thermal Energy or Incremental Electrical Energy.
Incremental Useful Thermal Energy. Useful Thermal Energy produced by a CHP Unit that is distinct in its final distribution, beneficial measure, and metering from Useful Thermal Energy previously produced by the CHP Unit, but only to the extent that the Incremental Useful Thermal Energy does not reduce the Useful Thermal Energy previously produced.
ISO-NE. ISO New England Inc., the independent system operator for New England, the regional transmission organization for most of New England, which is authorized by the Federal Energy Regulatory Commission (FERC) to exercise for the New England Control Area the functions required pursuant to the FERC's Order No. 2000.
ISO-NE Settlement Market System. The ISO-NE's electronic database system into which all real-time load and generation data are entered and from which such data are provided to the NEPOOL GIS.
Manufactured Biomass Fuel. A biomass fuel that is prepared, other than by means of fuel drying, through a fuel processing facility that is separate from a Generation Unit and that utilizes Eligible Biomass Woody Fuel for production. Examples include, but are not limited to, the mechanical production of wood pellets or bio-dust, and the refinement of bio-oil through pyrolysis.
Massachusetts Clean Energy Technology Center (MassCEC). The center established by M.G.L. c. 23J, § 2.
MassDEP. The Massachusetts Department of Environmental Protection established by M.G.L. c. 21A, § 7.
Megawatt-hour (MWh). A unit of electrical energy or work equivalent to one million watts of power operating for one hour, or for the purpose of thermal energy, a unit of energy equal to 3,412,000 British Thermal Units (Btu).
NEPOOL GIS. The NEPOOL Generation Information System, which includes a generation information database and certificate system, operated by the New England Power Pool (NEPOOL), its designee, or successor entity that accounts for Generation Attributes of electrical energy consumed within, imported into, or exported from the ISO-NE Control Area.
North American Electric Reliability Council (NERC) Tag. An identification of an electrical energy interchange transaction assigned in accordance with rules set forth by the North American Electric Reliability Council.
Off-grid Generation. The electrical energy produced by a Generation Unit that is not connected to a utility transmission or distribution system.
Operator. Any person or entity who has charge or control of a Generation Unit subject to 225 CMR 16.00, including without limitation a duly authorized agent or lessee of the Owner, or a duly authorized independent contractor.
Owner. Any person or entity who, alone or in conjunction with others, has legal ownership, a leasehold interest, or effective control over the real property or property interest upon which a Generation Unit is located, or the airspace above said real property including, without limitation, a duly authorized agent of the Owner. For the purposes of 225 CMR 16.02, Owner does not mean a person or entity holding legal title or security interest solely for the purpose of providing financing.
Retail Electricity Product. An electrical energy offering that is distinguished by its Generation Attributes and that is offered for sale by a Retail Electricity Supplier to End-use Customers.
Retail Electricity Supplier. A person or entity that sells electrical energy to End-use Customers in Massachusetts including, but not limited to, electric utility distribution companies supplying basic service or any successor service to End-use Customers. A Municipal Lighting Plant shall be considered a Retail Electricity Supplier; however, it shall be exempt from the obligations of a Retail Electricity Supplier under 225 CMR 16.00 so long as and insofar as it is exempt from the requirements to allow competitive choice of generation supply pursuant to M.G.L. c. 164, § 47A.
Solar Rating and Certification Corporation (SRCC). The Solar Rating and Certification Corporation is a nonprofit organization with the primary goal to develop and implement national rating standards and certification programs for solar energy equipment.
Statement of Qualification (SQ). A written document from the Department that qualifies a Generation Unit or Aggregation as an APS Alternative Generation Unit, or that qualifies a portion of the energy output of a Generation Unit or Aggregation as APS Alternative Generation.
Sustainable Forestry Management. Practicing a land stewardship ethic that integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air and water quality, wildlife and fish habitat, and aesthetics and the stewardship and use of forests and forest lands in a way, and a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality, and potential to fulfill, now and in the future, relevant ecological, economic, and social functions at local, national, and global levels, and that does not cause damage to other ecosystems. Criteria for sustainable forestry include:
(a) conservation of biological diversity;
(b) maintenance of productive capacity of forest ecosystems;
(c) maintenance of forest ecosystem health and vitality;
(d) conservation and maintenance of soil and water resources;
(e) maintenance of forest contributions to global carbon cycles;
(f) maintenance and enhancement of long-term multiple socioeconomic benefits to meet the needs of societies; and
(g) a legal, institutional, and economic framework for forest conservation and sustainable management.
Thermal Waste-to-energy Generation Unit. A Generation Unit that utilizes conventional municipal solid waste plant technology in commercial use to generate Useful Thermal Energy and was in operation as of January 1, 2016.
Useful Thermal Energy. Energy in the form of direct heat, steam, hot water, hot air, or other thermal form that is used in the production and beneficial measures of heating, cooling, humidity control, process use, or other valid thermal end use energy requirements, for which fuel or electricity would otherwise be consumed.
Valid Air Permit. Within the United States, a current and effective authorization, license, certificate, or like approval to construct and/or operate a source of air pollution, issued or required by the regulatory agency designated in the applicable State Implementation Plan to issue permits under the Clean Air Act, 42 U.S.C. §§ 7401, et seq. In jurisdictions outside of the United States, it shall be a document demonstrating an equivalent authorization.
