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

Current through Register 1525, July 5, 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.