(1)
Statement of Qualification
Application. A Statement of Qualification Application shall be
submitted to the Solar Program Administrator by the Owner of the prospective
Solar Tariff Generation Unit or by the Authorized Agent of the Owner. The
applicant must use the most current forms and associated instructions provided
by the Department, and must include all information, documentation, and
assurances required by such forms and instructions.
(a)
Authorization to
Interconnect. In order to retain a Statement of Qualification
issued prior to a project's Commercial Operation Date, all Solar Tariff
Generation Units must provide the Solar Program Administrator with a copy of
the authorization to interconnect issued by the applicable Distribution
Company.
(b)
Required
Documentation for Solar Tariff Generation Units with Rated Capacities of 25 kW
or Less. A prospective Solar Tariff Generation Unit with a
capacity of 25 kW or less must submit the following documentation as part of
its Statement of Qualification Application in order to obtain a Statement of
Qualification:
1.
Executed
Contract. The Owner or their Authorized Agent must submit a copy
of an executed contract between the Primary Installer and the Customer of
Record. For a Solar Tariff Generation Unit for which the Owner is a Third-party
Owner and the Primary Installer is a subcontractor to the Owner, an executed
contract between the Owner and the Primary Installer will satisfy this
requirement. The contract must identify a project manager, and must include
Statement of Qualification Application preparation, equipment procurement and
installation, site preparation, permitting and interconnection support,
Statement of Qualification Application completion paperwork, training,
operations and maintenance, and compliance with all applicable state and local
laws. The contract shall include a budget that identifies key project
components and a timeline and corresponding payment schedule for installation
of the project. Contract service must include responsibility for the Statement
of Qualification Application process, including submittal of authorization to
interconnect, securing required permits and engineering approvals, installation
of the project, scheduling and participation in all required inspections, and
providing warranty services, as required.
2.
Special Provisions for
Third-party Ownership. If the Owner of a Solar Tariff Generation
Unit is a Third-party Owner, the Owner or his or her Authorized Agent must also
submit a copy of an executed contract power purchase agreement or lease with
the Customer of Record.
3.
Special Provisions for Low Income Generation Units.
Prospective Solar Tariff Generation Units with capacities less than or equal to
25 kW that are seeking Statements of Qualification as Low Income Generation
Units must provide evidence that the Customer of Record is classified as a Low
Income Customer.
4.
Customer Disclosure Form. Prospective Solar Tariff
Generation Units with a capacity of 25 kW or less must submit a copy of a
customer disclosure form signed by the Owner as part of its Statement of
Qualification Application.
The customer disclosure form will be developed by the
Department to provide consumer information including, but not limited to,
contract pricing for the length of the agreement, complete system cost
information, operation and maintenance responsibilities, disposition of
associated RECs and tariff terms, and anticipated production. If the Solar
Tariff Generation Unit Owner is a Third-party Owner, the form must be signed by
the Customer of Record.
(c)
Required Documentation for
Solar Tariff Generation Units with Rated Capacities Larger than 25
kW. All Generation Units with a capacity larger than 25 kW must
provide evidence of the following in order to obtain a Statement of
Qualification:
1. an executed Interconnection
Service Agreement, as tendered by the Distribution Company;
2. demonstrate a sufficient interest in real
estate or other contractual right to construct the Solar Tariff Generation Unit
at the location specified in the Interconnection Service Agreement;
and
3. all necessary governmental
permits and approvals to construct the Solar Tariff Generation Unit with the
exception of ministerial permits, such as a building permit, and
notwithstanding any pending legal challenge(s) to one or more permits or
approvals.
(d)
Special Provisions for Agricultural Solar Tariff Generation
Units. In order to qualify as an Agricultural Solar Tariff
Generation Unit, a Solar Tariff Generation Unit must submit documentation
itemized in 225 CMR 20.06(1)(d). All final determinations regarding the
eligibility of such facilities will be made by the Department, in consultation
with MDAR. An Agricultural Solar Tariff Generation Unit must also submit
satisfactory documentation to the Department as detailed in the Department's
Guideline Regarding the Definition of Agricultural Solar Tariff Generation
Units.
1. the Solar Tariff Generation Unit
will not interfere with the continued use of the land beneath the canopy for
agricultural purposes;
2. the Solar
Tariff Generation Unit is designed to optimize a balance between the generation
of electricity and the agricultural productive capacity of the soils
beneath;
3. the Solar Tariff
Generation Unit is a raised structure allowing for continuous growth of crops
underneath the solar photovoltaic modules, with height enough for labor and/or
machinery as it relates to tilling, cultivating, soil amendments, harvesting,
etc. and grazing animals;
4. crop(s) to be grown to be provided by the
farmer or farm agronomist in conjunction with UMass Amherst agricultural
extension services, including compatibility with the design of the agricultural
solar system for such factors as crop selection, sunlight percentage,
etc.;
5. annual
reporting to the Department and MDAR of the productivity of the crop(s) and
herd, including pounds harvested and/or grazed, herd size growth, success of
the crop, potential changes, etc., shall be provided after
project implementation and throughout the SMART incentive period; and
6. other system design information, which
shall include, but not be limited to:
a.
dual-use type, e.g., ground mount racking, pole towers,
tracking, etc.;
b.
total gross acres of open farmland to be integrated with the project;
c. type of crop(s) to be grown, including
grazing crops;
d. pounds of crop(s)
projected to be grown and harvested, or grazed;
e. animals to be grazed with herd size(s);
and
f. design drawing including
mounting system type (fixed, tracking), panel tilt, panel row spacing,
individual panel spacing, for pole tower spacing and mounting height,
etc.
(e)
Special Provisions for Energy
Storage Systems. Solar Tariff Generation Units co-located with an
Energy Storage System will be eligible to receive an energy storage adder under
225 CMR
20.07(4)(c), provided it
meets the following eligibility criteria:
1.
Minimum and Maximum Nominal Rated Power. The nominal
rated power capacity of the Energy Storage System paired with the Solar Tariff
Generation Unit must be at least 25%. The nominal rated power capacity of the
Energy Storage System paired with the Solar Tariff Generation Unit may be more
than 100% of the rated capacity, as measured in direct current, of the Solar
Tariff Generation Unit, but the Solar Tariff Generation Unit will receive
credit for no nominal rated power capacity greater than 100% in the calculation
of its Energy Storage Adder, pursuant to
225 CMR
20.07(4)(c).
2.
Minimum and Maximum Nominal
Useful Energy. The nominal useful energy capacity of the Energy
Storage System paired with the Solar Tariff Generation Unit must be at least
two hours. The nominal useful energy capacity of the Energy Storage System
paired with the Solar Tariff Generation Unit may be more than six hours, but
the Solar Tariff Generation Unit will receive credit for no nominal useful
energy capacity greater than six hours in the calculation of its Energy Storage
Adder, pursuant to
225 CMR
20.07(4)(c).
3.
Minimum Efficiency
Requirement. The Energy Storage System paired with the Solar
Tariff Generation Unit must have at least a 65% round trip efficiency in normal
operation.
4.
Data
Provision Requirements. The Owner of the Energy Storage System
must provide historical 15-minute interval performance data in a manner
established by the Department for the first year of operation, and upon
request, for the first five years of operation.
5.
Operational
Requirements. The Energy Storage System must discharge at least 52
complete cycle equivalents per year, or must participate in a demand response
program, and must remain functional and operational in order for the Solar
Tariff Generation Unit to continue to be eligible for the energy storage adder.
If the Energy Storage System is decommissioned or nonfunctional for more than
15% of any 12-month period, the Department may disqualify the Solar Tariff
Generation Unit from continuing to receive the energy storage adder.
6.
Metering and Reporting
Requirements. The Department shall develop a Guideline Regarding
Metering of Solar and Energy Storage Systems that shall include acceptable
metering and reporting capabilities for Solar Tariff Generation Units
co-located with Energy Storage Systems.
(f)
Special Provisions for Low
Income Community Shared Solar Tariff Generation Units. In order to
qualify as a Low Income Community Shared Solar Tariff Generation Unit, a Solar
Tariff Generation Unit must meet the following criteria:
1. No more than two participants may receive
bill credits in excess of those produced annually by 25 kW of nameplate
capacity, and the combined share of said participants' capacity shall not
exceed 50% of the total capacity of the Generation Unit, except in the case of
Generation Units smaller than 100 kW.
2. The Owner or Authorized Agent of a
prospective Low Income Community Shared Solar Tariff Generation Unit must
submit a copy of a customer disclosure form signed by each Customer of Record
receiving electricity or bill credits generated by the Low Income Community
Shared Solar Tariff Generation Unit as part of its Statement of Qualification
Application, with the exception of those participants receiving bill credits in
excess of those produced annually by 25 kW of nameplate capacity. The customer
disclosure form will be developed by the Department to provide consumer
information including, but not limited to, contract pricing for the length of
the agreement, complete system cost information, operation and maintenance
responsibilities, disposition of associated RECs and tariff terms, and
anticipated production. The Low Income Community Shared Solar Tariff Generation
Unit Owner or Authorized Agent must provide updated customer disclosure forms
for any new Customers of Record that receive electricity or bill credits
generated by the Low Income Community Shared Solar Tariff Generation Unit after
it is granted its Statement of Qualification. These updates must be provided
annually by no later than December 31st.
3. The Solar Tariff Generation Unit must
demonstrate that no individual or distinct legal entity will receive bill
credits or electricity in an amount that exceeds the applicable limitations
noted in 225 CMR 20.06(1)(f)1., even if the credits are allocated across
multiple utility accounts.
4.
Electricity or bill credits may be allocated through a municipal load
aggregation program established pursuant to M.G.L. c. 164, § 134, or
through a low income community shared solar program established and
administered by a Distribution Company. Low Income Community Shared Solar
Tariff Generation Units that qualify through such eligible programs must submit
satisfactory documentation to the Department as detailed in the Department's
Guideline Regarding Low Income Generation Units and Guideline Regarding
Alternative Programs for Community Shared Solar Tariff Generation Units and Low
Income Community Shared Solar Generation Units.
(g)
Special Provisions for Low
Income Property Generation Units. In order to qualify as a Low
Income Property Generation Unit, a Solar Tariff Generation Unit must submit
satisfactory documentation to the Department as detailed in the Department's
Guideline Regarding Low Income Generation Units.
(h)
Special Provisions for
Community Shared Solar Tariff Generation Units. In order to
qualify as a Community Shared Solar Tariff Generation Unit, a Solar Tariff
Generation Unit must meet the following criteria:
1. No more than two participants may receive
bill credits in excess of those produced annually by 25 kW of nameplate
capacity, and the combined share of said participants' capacity shall not
exceed 50% of the total capacity of the Generation Unit, except in the case of
Generation Units smaller than 100kW.
2. The Owner or Authorized Agent of a
prospective Community Shared Solar Tariff Generation Unit must submit a copy of
a customer disclosure form signed by each Customer of Record receiving
electricity or bill credits generated by the Community Shared Solar Tariff
Generation Unit as part of its Statement of Qualification Application, with the
exception of those participants receiving bill credits in excess of those
produced annually by 25 kW of nameplate capacity noted in 225 CMR 20.06(1)(i)1.
The customer disclosure form will be developed by the Department to provide
consumer information including, but not limited to, contract pricing for the
length of the agreement, complete system cost information, operation and
maintenance responsibilities, disposition of associated RECs and tariff terms,
and anticipated production. The Community Shared Solar Tariff Generation Unit
Owner or Authorized Agent must provide updated customer disclosure forms for
any new Customers of Record that receive electricity or bill credits generated
by the Community Shared Solar Tariff Generation Unit after it is granted its
Statement of Qualification. These updates must be provided at least annually by
no later than December 31st.
3. A Solar Tariff Generation Unit seeking a
Community Shared Solar adder must allocate at least 90% of bill credits or
electricity by the Incentive Payment Effective Date.
i. Failure to do so will result in the Solar
Tariff Generation Unit going to the last position of the application queue for
the applicable service territory as established pursuant to the Statement of
Qualification Reservation Period Guideline.
ii. Within 60 days following the Publication
Date, a previously qualified Community Shared Solar Tariff Generation Unit may
elect to remove their application for the adder and retain its queue position.
Any capacity that is made available during this 60-day time period shall be
reallocated to the remaining qualified Community Shared Solar Tariff Generation
Units, and tranches reassigned as necessary according to the available capacity
established pursuant to the Guideline on Capacity Blocks, Base Compensation
Rates, and Compensation Rate Adders.
4. The Solar Tariff Generation Unit must
demonstrate that no individual or distinct legal entity will receive bill
credits or electricity in an amount that exceeds the applicable limitations
noted in 225 CMR 20.06(1)(h)1., even if the credits are allocated across
multiple utility accounts.
5.
Electricity or bill credits may be allocated through a municipal load
aggregation program established pursuant to M.G.L. c. 164, § 134, or
through a community shared solar program established and administered by a
Distribution Company. Community Shared Solar Tariff Generation Units that
qualify through such eligible programs must submit satisfactory documentation
to the Department as detailed in the Department's Guideline Regarding
Alternative Programs for Community Shared Solar Tariff Generation Units and Low
Income Community Shared Solar Tariff Generation Units.
(i)
Special Provisions
for Floating Solar Tariff Generation Units. In order to qualify as
a Floating Solar Tariff Generation Unit, a Solar Tariff Generation Unit must
submit documentation itemized in 225 CMR 20.06(1)(i)1. through 7. All final
determinations regarding the eligibility of such facilities will be made by the
Department, in consultation with MassDEP and the Massachusetts Department of
Fish and Game, or other state agencies as necessary.
1. the Solar Tariff Generation Unit will not
interfere with the continued use of the water body for its designed
purposes;
2. the racking system
shall be made of materials that have been tested for water quality
impact;
3. the Solar Tariff
Generation Unit will not be permitted in wetland resource areas and natural
waterbodies such as salt ponds, or freshwater lakes and great ponds, as defined
in M.G.L. c. 91;
4. the ratio of
the total surface area covered by the Floating Solar Tariff Generating Unit
divided by the total surface area of the water body under standard conditions
shall not exceed 50%;
5. the Solar
Tariff Generation Unit shall be designed to minimize potential interaction with
native species;
6. the Solar Tariff
Generation Unit is a floating structure allowing for continued use and
maintenance of the water body while generating electricity; and
7. other system design information which
shall include, but not be limited to:
a. total
gross acres of open water to be integrated with the project;
b. designated function of water
body;
c. anchoring system design
and materials; and
d. design
drawing including mounting system type, panel tilt, panel row spacing,
individual panel spacing, etc.
(j)
Special Provisions for Canopy
Solar Tariff Generation Units. In order to qualify as a Canopy
Solar Tariff Generation Unit, a Solar Tariff Generation Unit must submit
documentation itemized in 225 CMR 20.06(1)(j)1. and 2. All final determinations
regarding the eligibility of such facilities will be made by the Department, in
consultation with other state agencies including, but not limited to, the
Massachusetts Department of Transportation, MassDEP, Massachusetts Department
of Conservation and Recreation, and the Massachusetts Department of Fish and
Game, as necessary.
1. The Solar Tariff
Generation Unit will have 100% of its nameplate capacity of the solar
photovoltaic modules used for generating power installed on top of a parking
surface, pedestrian walkway, or canal; or
2. The Solar Tariff Generation Unit will have
100% of its nameplate capacity of the solar photovoltaic modules used for
generating power installed over certain roadways or highways or adjacent
parcels owned or controlled by the Massachusetts Department of Transportation;
and
3. The Solar Tariff Generation
Unit will maintain the function of the area beneath the canopy.
(k)
Special Provision
for Serving Low Income Customers. After the Publication Date, a
Solar Tariff Generation Unit that services eligible Low Income Customers must
demonstrate to the Department's satisfaction that any such customers shall
receive a net savings by enrolling in the solar contract, as detailed in the
Department's Guideline Regarding Low Income Generation
Units.
(l)
Special Provisions for Public Entity Solar Tariff Generation
Units. A Public Entity Solar Tariff Generation Unit may apply for
a Statement of Qualification pursuant to 225 CMR 20.06(1)(c) by providing
satisfactory evidence to the Department that a Municipality or Other
Governmental Entity has awarded a contract to develop a Solar Tariff Generation
Unit.
(m)
Auditing of
Customer Disclosure Forms. The Department shall conduct periodic
audits of the customer disclosure forms submitted subject to the requirements
of 225 CMR 20.06(1)(b)3. 225 CMR 20.06(1)(f) and 225 CMR 20.06(1)(h) pursuant
to the Guideline on SMART Consumer Protection. If the Department audit
identifies material defects in the information provided including, but not
limited to, discrepancies between the information provided on the customer
disclosure form and the customer contract, or if the audit finds the
application does not meet the criteria for a Low Income Solar Tariff Generation
Unit or a Low Income Community Shared Solar Generation Unit, the applicant
shall be issued a warning by the Department. If a single applicant is issued
three warnings by the Department, the Department shall notify the applicant
that, effective upon date of issuance of the third warning, that applicant may
not submit any further Statement of Qualification Applications for a period of
12 months.
(n)
Customer
Disclosure Form Exception. Prospective Solar Tariff Generation
Units seeking to qualify as a Low Income Community Shared Solar Tariff
Generation Unit or Community Shared Solar Tariff Generation Unit may be exempt
from the customer disclosure form requirements in 225 CMR 20.06(1)(f) and
20.06(1)(h) if the applicant can demonstrate to the Department's satisfaction
that the Customers of Record are enrolled without a customer contract. In these
instances, Solar Tariff Generation Units may be required to demonstrate that
the Customer(s) of Record have received an explanation of benefits, pursuant to
the documentation outlined in the Guideline Regarding Alternative
Programs for Community Shared Solar Tariff Generation Units and Low Income
Community Shared Solar Tariff Generation Units, or further Department
guidance.
(3)
Issuance or Non-issuance of a
Statement of Qualification.
(a)
If the Department finds that a Generation Unit meets the requirements for
eligibility as a Solar Tariff Generation Unit pursuant to
225 CMR 20.00, the Solar
Program Administrator will provide the Owner of such Unit or the Authorized
Agent of the Owner with a Statement of Qualification.
(b) The Statement of Qualification shall
include any applicable restrictions and conditions that the Department deems
necessary to ensure compliance by a particular Solar Tariff Generation Unit
with the provisions of
225 CMR 20.00.
(c) If a Generation Unit does not meet the
requirements for eligibility as a Solar Tariff Generation Unit under
225 CMR 20.00, the Solar
Program Administrator shall provide written notice to the Owner or to the
Authorized Agent of the Owner, including the reasons for such
finding.