Code of Massachusetts Regulations
225 CMR - DEPARTMENT OF ENERGY RESOURCES
Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program
Section 20.05 - Tariff Based Incentive Program for Solar Photovoltaic Generation Units
Universal Citation: 225 MA Code of Regs 225.20
Current through Register 1531, September 27, 2024
(1) Size of Program. The SMART Program shall support 1,600 MW and an additional capacity of 1,600 MW post Publication Date, for a total of 3,200 MW of new solar generating capacity.
(2) SMART Program Effective Date(s). Solar Tariff Generation Units that receive a Statement of Qualification under the SMART Program will be eligible to begin receiving incentive payments upon the effective date of the SMART Tariffs, as approved by the DPU. Revisions to the SMART Program pursuant to 225 CMR 20.07(5) that require amendments to the SMART Tariffs shall take effect upon review and approval of revised SMART Tariffs by the DPU.
(3) Block Allocation. The amount of capacity available in each Distribution Company's service territory will be proportional to the total electric load served to Massachusetts End-use Customers by the Distribution Company in calendar year 2016. The Department may update the amount of capacity available in proportion to total electric load served to End-use Customers by each Distribution Company based on updated electric load served data, as available. Each Distribution Company shall divide the capacity available in its service territory into 16 equally sized Capacity Blocks, provided, however, that if a Distribution Company served less than 5% of the total electric load collectively served to all Massachusetts End-use Customers by the Distribution Companies in calendar year 2016, it may elect to have less than 16 equally sized Capacity Blocks.
(a)
Set-aside for Solar Tariff Generation Units Less than or Equal to
25 kW. Each Capacity Block shall have a minimum of 20% and maximum
of 35% of its total available capacity reserved for Solar Tariff Generation
Units with nameplate capacities less than or equal to 25 kW.
(b)
Special Provisions for Block
1. Other than Solar Tariff Generation Units selected under the
one-time competitive procurement described in
225 CMR
20.07(3), no Solar Tariff
Generation Unit shall be eligible to qualify in a Distribution Company's first
Capacity Block unless it has a capacity equal to or less than 1,000 kW or is
eligible to receive a Compensation Rate Adder.
(c)
Set-aside for Solar Tariff
Generation Units Greater than 25 kW and Less than or Equal to 500
kW. Each Capacity Block, starting with the first full capacity
block after the Publication Date, shall have a minimum of 20% of its total
available capacity reserved for Solar Tariff Generation Units with nameplate
capacities greater than 25 kW and less than or equal to 500 kW.
(d)
Set-aside for Low Income
Community Shared and Low Income Property Solar Tariff Generation
Units. Each Capacity Block, starting with the first full capacity
block after the Publication Date, shall have a minimum of 5% of its total
available capacity reserved for Low Income Community Shared and Low Income
Property Solar Tariff Generation Units.
(e)
Special Provision for
Eversource Energy Capacity Blocks. Beginning with the ninth
Capacity Block, the service territories formerly designated as NSTAR Electric
Company and Western Massachusetts Electric Company, shall be combined into a
single service territory with a total available capacity equal to that amount
previously available for the two separate Distribution Companies. The total
combined capacity available in this single service territory shall be divided
into eight equally sized Capacity Blocks. The Base Compensation Rates
established for the service territories formerly designated as NSTAR Electric
Company and Western Massachusetts Electric Company shall remain separate and
will continue to apply.
(4) Transition between Capacity Blocks. If there is not enough capacity remaining in a Capacity Block for a Solar Tariff Generation Unit to fit entirely within the Capacity Block, that Solar Tariff Generation Unit shall receive a blended total compensation rate, which shall be prorated according to the amount of the Solar Tariff Generation Unit's capacity that is assigned to each Capacity Block.
(5) General Eligibility Criteria for Solar Tariff Generation Units.
(a)
General Eligibility
Requirements. The Solar Tariff Generation Unit must use solar
photovoltaic technology and be interconnected with the electric grid in the
Commonwealth of Massachusetts. The aggregate maximum capacity of Solar Tariff
Generation Units located on a single parcel of land shall be five MW and shall
not be inclusive of any solar photovoltaic generating capacity that is not
qualified under
225 CMR 20.00. For any parcel
of land for which a Solar Tariff 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 shall demonstrate to the
Department that the subdivision was not for the purpose of obtaining
eligibility as a Solar Tariff Generation Unit. If the Owner fails to make such
a showing to the Department, the five MW limit shall apply to the metes and
bounds of the parcel as recorded prior to the subdivision.
(b)
Commercial Operation Date
Requirements. A Solar Tariff Generation Unit must have a
Commercial Operation Date on or after January 1, 2018 and shall not have been
previously qualified and commercially operational as a Solar Carve-out
Renewable Generation Unit or Solar Carve-out II Renewable Generation Unit, as
defined in
225 CMR 14.02:
Definitions.
(c)
Public Utility Regulatory Policies Act of 1978
Requirements. A Solar Tariff Generation Unit with a maximum net
power production capacity of greater than one MW shall obtain federal
qualifying facility status from the Federal Energy Regulatory Commission
pursuant to
18 CFR §
292.207(a) and (b). A Solar
Tariff Generation Unit with a maximum net power production capacity of less
than or equal to one MW shall attest to its status as a federal qualifying
facility in the Statement of Qualification application.
(d)
RPS Class I
Eligibility. For each MWh of electricity generation produced by a
Solar Tariff Generation Unit, it will be eligible to generate GIS Certificates
encoded as RPS Class I Renewable Generation Attributes. These GIS Certificates
and any other GIS Certificates associated with Environmental Attributes other
than RPS Class I Renewable Generation Attributes, shall be transferred directly
to an account owned by the Distribution Company in whose service territory the
Solar Tariff Generation Unit is located upon issuance by NEPOOL GIS.
(e)
Land Use and Siting
Criteria. A Solar Tariff Generation Unit must meet the following
performance standards, and will be placed into one of three categories with
respect to the land or property on which it is sited. For the purposes of 225
CMR 20.05(5)(e), previously developed shall mean having preexisting paving,
construction, or altered landscapes, and does not include altered landscapes
resulting from current agricultural use, forestry, or use as preserved natural
area.
1.
Applicability of Land Use
and Siting Criteria. Date of application for participation in the
SMART Program and project status as of the Publication Date will determine
which Land Use and Siting Criteria apply to a Solar Tariff Generation Unit.
a. Solar Tariff Generation Units that have
received a Statement of Qualification as of the Publication Date shall be
subject to the Land Use and Siting Criteria as outlined in 225 CMR
20.05(5)(e)2. through 6.
b.
Effective after Publication Date all other Solar Tariff Generation Units must
meet the Land Use and Siting Criteria established by 225 CMR
20.05(5)(e)7.
c. Exception to 225
CMR 20.05(5)(e)1.b. after the Publication Date, a Solar Tariff Generation Unit
may be subject to the Land Use and Siting Criteria as outlined in 225 CMR
20.05(5)(e)2. through 6., if it can demonstrate to the Department's
satisfaction that the Solar Tariff Generation Unit meets the requirements of
225
CMR 20.06(1)(c)2. as of the
Publication Date, and either submits an executed Interconnection Service
Agreement as detailed in
225
CMR 20.06(1)(c)1. within six
months of the Publication Date, or provides documentation that a complete
Interconnection Service Agreement application was submitted not less than 135
Business Days prior to the Publication Date.
2.
Category 1 Land
Use. Solar Tariff Generation Units that meet one or more of the
following criteria will be designated as either Category 1 Agricultural or
Category 1 Non-agricultural:
a.
Category 1 Agricultural. Solar Tariff Generation Units
located on Land in Agricultural Use or Important Agricultural Farmland that
meet one or more of the following criteria will be designated as Category 1:
i. Agricultural Solar Tariff Generation
Units;
ii. Building Mounted Solar
Tariff Generation Units;
iii.
Floating Solar Tariff Generation Units;
iv. Canopy Solar Tariff Generation Units;
and
v. Solar Tariff Generation
Units sized to meet no greater than 200% of annual operation load of an
agricultural facility.
b.
Category 1
Non-agricultural. Solar Tariff Generation Units not located on
Land in Agricultural Use or Important Agricultural Farmland that meet one or
more of the following criteria will be designated as Category 1:
i. Ground-mounted Solar Tariff Generation
Units with a capacity less than or equal to 500 kW;
ii. Building Mounted Solar Tariff Generation
Units;
iii. Solar Tariff Generation
Units sited on Brownfields;
iv.
Solar Tariff Generation Units sited on Eligible Landfills;
iv. Solar Tariff Generation Units sited on
Eligible Landfills;
v. Floating
Solar Tariff Generation Units;
vi.
Canopy Solar Tariff Generation Units;
vii. Solar Tariff Generation Units that are
ground-mounted with a capacity greater than 500 kW and less than or equal to
5,000 kW that are on land that has been previously developed; and
viii. Solar Tariff Generation Units that are
ground-mounted with a capacity greater than 500 kW and less than or equal to
5,000 kW that are sited within a solar overlay district or that comply with
established local zoning that explicitly addresses solar or power
generation.
3.
Category 2 Land
Use. Solar Tariff Generation Units not otherwise designated
Category 1 that are ground-mounted with a capacity greater than 500 kW and less
than or equal to 5,000 kW and that are sited on land that:
a. has not been previously developed;
and
b. is zoned for commercial or
industrial use, shall be designated as Category 2 Land Use.
4.
Category 3 Land
Use. Solar Tariff Generation Units not otherwise designated
Category 1 or Category 2 that are ground-mounted shall be designated as
Category 3 Land Use.
5.
Ineligible Land Use. Solar photovoltaic Generation
Units that meet one or more of following criteria shall not be eligible to
qualify as Solar Tariff Generation Units under
225 CMR 20.00:
a. Solar photovoltaic Generation Units on
protected open space, as established under Article XCVII of the Amendments to
the Constitution, that do not meet the criteria of Category 1 Land
Use;
b. Solar photovoltaic
Generation Units sited in a wetland Resource Area, as defined in
310 CMR 10.04:
Definitions, not including Buffer Zones, as defined in
310 CMR 10.04:
Definitions, except as authorized by all necessary regulatory
bodies; and
c. Solar photovoltaic
Generation Units sited on properties included in the State
Register, as defined in
950 CMR 71.03:
Definitions, except as authorized by regulatory
bodies.
6.
Performance Standards. All ground-mounted Solar Tariff
Generation Units with a capacity greater than 500 kW must provide a
certification from a professional engineer that the construction of the Solar
Tariff Generation Unit complied with the following standards when installed on
Land in Agricultural Use, Important Agricultural Farmland, or other pervious
open space:
a. no removal of all field
soils;
b. existing leveled field
areas left as is without disturbance;
c. where soils need to be leveled and
smoothed, such as filling potholes or leveling, this shall be done with minimal
overall impact with all displaced soils returned to the areas
affected;
d. ballasts, screw-type,
or post driven pilings and other acceptable minimal soil impact methods that do
not require footings or other permanent penetration of soils for mounting are
required, unless the need for such can be demonstrated;
e. any soil penetrations that may be required
for providing system foundations necessary for additional structural loading or
for providing system trenching necessary for electrical routing shall be done
with minimal soils disturbance, with any displaced soils to be temporary and
recovered and returned after penetration and trenching work is
completed;
f. no concrete or
asphalt in the mounting area other than ballasts or other code required
surfaces, such as transformer or electric gear pads;
g. address existing soil and water resource
concerns that may be impacted to ensure the installation does not disturb an
existing soil and water conservation plan or to avoid creating a negative
impact to soil and water conservation best management practices, such as
stimulating erosion or water run-off conditions;
h. limited use of geotextile fabrics;
and
i. maintain vegetative cover to
prevent soil erosion.
7.
Land Use and Siting Criteria Effective after the Publication
Date. A Solar Tariff Generation Unit must meet the performance
standards and will be placed into one of three categories with respect to the
land or property on which it is sited as enumerated in 225 CMR 20.05(5)(e)1.
through 6., except as noted 225 CMR 20.05(5)(a)7.
a.
Category 1
Non-Agricultural. Solar Tariff Generation Units not located on
Land in Agricultural Use or Important Agricultural Farmland that are a Public
Entity Solar Tariff Generation Unit will be designated as Category 1
Non-agricultural as in 20.05(5)(e)2b.
b.
Category 2 Land
Use. Solar Tariff Generation Units not otherwise designated
Category 1 that are ground-mounted with a capacity greater than 500 kW and less
than or equal to 5,000 kW that are sited within a solar overlay district or
that comply with established local zoning that explicitly addresses solar or
power generation, shall be designated as Category 2 Land Use as in 225 CMR
20.05(5)(e)3.
c.
Ineligible Land Use. Solar photovoltaic Generation
Units that meet one or more of the following criteria shall not be eligible to
qualify as Solar Tariff Generation Units under
225 CMR 20.00:
i. One or more of the criteria established in
225 CMR 20.05(5)(e)5.;
ii. Solar
photovoltaic Generation Units sited on land designated as Priority Habitat or
Core Habitat, that do not meet the criteria of Category 1 Land Use; or
iii. Solar photovoltaic Generation
Units sited on a parcel with 50% or more of its area designated as Priority
Habitat and/or Core Habitat, that do not meet the criteria of Category 1 Land
Use.
d.
Ineligible Land Use for Additional Capacity. Solar
photovoltaic Generation Units seeking to obtain a Statement of Qualification
for the 1,600 MW of additional capacity available following the Publication
Date pursuant to 225 CMR 20.05(1) and that meet one or more of the following
criteria shall not be eligible to qualify as Solar Tariff Generation Units
under
225 CMR 20.00:
i. One or more of the criteria established in
225 CMR 20.05(5)(e)7.c.;
ii. Solar
photovoltaic Generation Units sited on land designated as Critical Natural
Landscape that do not meet the criteria of Category 1 Land Use; or
iii. Solar photovoltaic Generation Units
sited on a parcel with 50% or more of its area designated as Priority Habitat,
Core Habitat, and/or Critical Natural Landscape, that do not meet the criteria
of Category 1 Land Use.
(f)
Project
Segmentation. No more than one Solar Tariff Generation Unit on a
single building, or one ground-mounted Solar Tariff Generation Unit on a single
parcel or contiguous parcels of land, shall be eligible to receive a Statement
of Qualification as a Solar Tariff Generation Unit. The Solar Program
Administrator or the Department may require Solar Tariff Generation Unit Owner
or Authorized Agent to include a deed in the case of recorded land, or a
numbered certificate in the case of registered land, from the registry of deeds
with their Statement of Qualification Application in order to verify that the
Solar Tariff Generation Unit meets this requirement.
(g)
Exceptions to Project
Segmentation. Notwithstanding 225 CMR 20.05(5)(f), the following
types of Solar Tariff Generation Units may be eligible to receive a Statement
of Qualification, subject to demonstration to the Department's satisfaction
that one of the following exceptions should apply:
1. a Solar Tariff Generation Unit with an AC
rated capacity of 25 kW or less that is located on a parcel of land contiguous
with another parcel or parcels of land containing a Solar Tariff Generation
Unit, provided the parcels of land were not the result of a subdivision
performed for the purpose of qualifying under 225 CMR 20.05(5)(g)1.;
2. a Solar Tariff Generation Unit with an AC
rated capacity of 25 kW or less, a Canopy Solar Tariff Generation Unit, or a
Building Mounted Solar Tariff Generation Unit, which is located on the same
parcel of land as another Solar Tariff Generation Unit, provided that the Solar
Tariff Generation Unit is separately metered from the original Solar Tariff
Generation Unit and, in the case of a Solar Tariff Generation Unit with an AC
rated capacity of 25 kW or less or a Building Mounted Solar Tariff Generation
Unit, is located on a separate building from the original Solar Tariff
Generation Unit;
3. a Solar Tariff
Generation Unit with an AC rated capacity of 25 kW or less, or a Building
Mounted Solar Tariff Generation Unit, which is located on the same building as
another Solar Tariff Generation Unit, provided that the Solar Tariff Generation
Unit is separately metered from the original Solar Tariff Generation Unit and
is connected to a meter of a separate End-use Customer as the original Solar
Tariff Generation Unit;
4. a Solar
Tariff Generation Unit located on the same parcel or contiguous parcel of land
to another Solar Tariff Generation Unit that submits a Statement of
Qualification Application at least twelve months after the Commercial Operation
Date of the original Solar Tariff Generation Unit and is separately metered or
that can demonstrate to the Department's satisfaction that the Owners of the
Solar Tariff Generation Units are unaffiliated parties;
5. a Solar Tariff Generation Unit that is
physically located across multiple parcels of land, provided that it is located
behind a single interconnection point and single production meter, and that its
AC rated capacity is 5 MW or less;
6. a Solar Tariff Generation Unit that can
demonstrate to the Department's satisfaction that documentation required to
meet the criteria set forth in
225
CMR 20.06(1)(c) was
obtained prior to June 5, 2017;
7.
a Solar Tariff Generation Unit that is physically located on a parcel or
parcels of land owned or controlled by the Massachusetts Department of
Transportation as established by M.G.L. c. 6C, and can demonstrate to the
Department's satisfaction that it should be granted an exception to the
provisions of 225 CMR 20.05(5)(f); and
8. a Solar Tariff Generation Unit that can
demonstrate to the Department's satisfaction that it should be granted an
exception to the provisions of 225 CMR 20.05(5)(f) for good cause.
(h)
Capacity
Expansions. Both direct current (DC) and alternating current (AC)
capacity expansions to the capacity listed in a Solar Tariff Generation Unit's
Statement of Qualification are not permitted except under the following
circumstances:
1. a direct current capacity
expansion to a Solar Tariff Generation Unit's rated capacity is permitted if
the expansion occurs within a Solar Tariff Generation Unit's Reservation
Period; and
2. direct current and
alternating current capacity expansions following a Solar Tariff Generation's
Commercial Operation Date may be allowed if the Solar Tariff Generation Unit
can demonstrate to the Department's satisfaction that the expansion is
de minimis and is required for equipment replacement or
reconfiguration necessary to ensure the continued operation of the Solar Tariff
Generation Unit.
(i)
Special Provisions for Relocated and Replacement Generation
Units. The Department may provide a Statement of Qualification to
a solar photovoltaic Generation Unit that meets one of the following categories
and criteria, as well as all other relevant provisions of
225 CMR 20.00:
1.
Relocated Solar Tariff
Generation Unit. A solar photovoltaic Generation Unit whose
equipment was used before January 1, 2018, to generate electrical energy
outside of the Commonwealth of Massachusetts, and that is interconnected with
the electric grid in the service territory of a Distribution Company on or
after January 1, 2018, provided that no components of the Power Conversion
Technology were used in a Generation Unit located in the Commonwealth prior to
January 1, 2018. No components from a Generation Unit previously qualified as
an RPS Class I Renewable Generation Unit, Solar Carve-out Renewable Generation
Unit, or Solar Carve-out II Renewable Generation Unit shall be eligible to
qualify as part of a Solar Tariff Generation Unit.
2.
Replacement Solar Tariff
Generation Unit. A solar photovoltaic Generation Unit that
replaces an inactive or decommissioned solar photovoltaic Generation Unit that
had operated on the same site before January 1, 2018, may submit a Statement of
Qualification Application for the portion of the total kW capacity that
represents a net increase over the total installed kW capacity of the
previously installed solar photovoltaic Generation Unit.
(j)
Special Provisions for
Distribution Company Owned Solar Photovoltaic Generation Units.
Any solar photovoltaic Generation Unit that is owned by a Distribution Company
and was approved to be constructed by the DPU, pursuant to M.G.L. c. 164,
§ 1A, shall not be eligible to qualify as a Solar Tariff Generation Unit
under
225 CMR 20.00.
(k)
Energy Storage
Requirement. Solar Tariff Generation Units greater than 500 kW
applying for a Statement of Qualification for any available capacity in any
capacity block available after April 14, 2020 must be co-located with an Energy
Storage System that meets the eligibility requirements for an Energy Storage
Adder pursuant to
225
CMR 20.06(1)(e).
Exceptions to Energy Storage Requirement. A Solar
Tariff Generation Unit shall be exempt from the requirement to be co-located
with an Energy Storage System, as prescribed in 225 CMR 20.05(5)(k), if it can
demonstrate to the Department's satisfaction that:
1. documentation required to meet the
criteria set forth in
225
CMR 20.06(1)(c) was
obtained on or before the Publication Date; or
2. it should be granted an exception to the
provisions of 225 CMR 20.05(5)(k) for good cause.
(6) Reporting Requirements.
(a)
Generator Account Registration. An asset must be
established for individual Solar Tariff Generation Units within a generator
account at NEPOOL GIS. For Non-NEPOOL Generators, as that term is defined under
Rule 2.1(a)(vi) of the NEPOOL GIS Operating Rules, multiple
Solar Tariff Generation Units may be registered under a single asset.
(b)
Settlement Market System
Assets. The electrical energy output from a Solar Tariff
Generation Unit registered as a NEPOOL Generator, as that term is defined under
Rule 2.1(a)(i) of the NEPOOL GIS Operating Rules, shall be
verified by the ISO-NE.
(c)
Non-NEPOOL Market Assets. The electrical energy output
from a Solar Tariff Generation Unit registered as a Non-NEPOOL Generator, as
that term is defined under Rule 2.1(a)(ii) of the NEPOOL GIS Operating
Rules, shall be reported to the Independent Verifier, as approved by
the Department, for all such assets.
(d)
Duration of Distribution
Company Asset Ownership. A Distribution Company shall retain the
asset ownership and rights to all RPS Class I Renewable Generation Attributes
associated with a Solar Tariff Generation Unit registered in a Distribution
Company's NEPOOL GIS generator account for as long as the Solar Tariff
Generation Unit is eligible to receive payment for such RPS Class I Renewable
Generation Attributes and any Environmental Attributes as prescribed in
225 CMR
20.07(1). Following this
period, ownership rights to assets and the RPS Class I Renewable Generation
Attributes, and any other Environmental Attributes that a Solar Tariff
Generation Unit generates, will be owned by the Solar Tariff Generation Unit
Owner.
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