reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.09 - Insurance

Current through Register 1525, July 5, 2024
(1) A TNC shall provide the Division with
		proof of adequate insurance, as certified by the Division of Insurance and in
		accordance with M.G.L. c. 159A1/2 and M.G.L. c. 175, § 228, prior to
		receiving a Permit from the Division.
(2) Upon receipt of a Permit, and before a
		Driver can provide Services, a TNC shall clearly and conspicuously provide a
		Driver with the following disclosures:
(a) A
		statement that the Driver's own automobile insurance policy might not provide
		coverage during the provision of Services;
(b) A statement of the automobile insurance
		coverage that the TNC provides, including the types of coverage and the limits
		for each coverage, in each circumstance:
1. A
		Driver logged onto the Digital Network and available to receive transportation
		requests, but not engaged in a Pre-arranged Ride;
2. A Driver engaged in a Pre-arranged Ride;
		and
3. A Driver not logged onto the
		Digital Network nor engaged in a Pre-arranged Ride.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.10 - Data Protection

Current through Register 1525, July 5, 2024
(1) A TNC shall
		protect from unauthorized disclosure all personal information of a Rider or
		Driver in the TNC's possession, including but not limited to a Rider or
		Driver's first name and last name, or first initial and last name, in
		combination with any one or more of the following data elements that relate to
		such individual; provided, however, that personal information shall not include
		information that is lawfully obtained from publicly available information, or
		from federal, state or local government records lawfully made available to the
		general public:
(a) Social security
		number;
(b) Driver's license number
		or state-issued identification card number;
(c) Financial account number, or credit or
		debit card number, with or without any required security code, access code,
		personal identification number or password, that would permit access to the
		individual's financial account;
(d)
		Personal cellular or home phone number;
(e) Home address;
(f) Electronic mail address; or
(g) Global Positioning System (GPS)
		coordinates of a Pre-arranged Ride and for any time thereafter.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.11 - Record Maintenance and Retention

Current through Register 1525, July 5, 2024
(1) A TNC shall
		maintain true and correct records. A TNC, or third party on behalf of a TNC,
		may maintain records in electronic format, provided that copies can be
		reproduced in their original format.
(2) A TNC shall maintain the following
		records, at a minimum, during a Driver's period of providing Service and for
		one year thereafter:
(a) A Driver's
		application submitted to the TNC; and
(b) The disclosures provided to the Driver
		within the TNC's terms of service, including the Driver's acknowledgement of
		said terms.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.12 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1) The Division
		shall issue orders, guidelines and forms relative to the content of information
		that a TNC shall report to the Division.
(2) Annually, a TNC shall report to the
		Division the following:
(a) By February
		1st of each calendar year, a TNC shall submit a
		report for the number of Rides from the previous calendar year, including:
1. City or town where each Ride
		originated;
2. City or town where
		each Ride ended;
3. Aggregated and
		anonymized trip route and length (miles and minutes); and
4. Location of Vehicle accidents;
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.13 - Inspection and Audit

Current through Register 1525, July 5, 2024
(1) For purposes of
		verifying a TNC's compliance with the requirements of M.G.L. c. 159A1/2 and
		220 CMR 274.00, the Division
		may inspect a sample of records that the TNC maintains. If, after this initial
		review, the Division has reasonable basis to conclude that the TNC is not in
		compliance with M.G.L. c. 159A1/2 or
		220 CMR 274.00, the Division
		may, upon reasonable notice, conduct a supplemental audit of records that it
		deems necessary and reasonable.
(2)
		In response to a complaint or incident, the Division may inspect any of the
		TNC's records related to the complaint or incident at issue.
(3) The Division shall quarterly audit
		records relating to
		220 CMR
		274.06(2).
(4) Within ten business days of receiving a
		request from the Division pursuant to 220 CMR 274.13, the TNC shall transmit
		requested records to the Division via a secure delivery method, which may
		include use of encryption security.
(5) If a Division audit is conducted by an
		agreed upon third party, the cost of the audit shall be borne and paid by the
		TNC that is under audit.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.14 - Enforcement

Current through Register 1525, July 5, 2024
(1) If a Driver is cited for a violation for
		220 CMR
		274.08(1), each TNC for
		which the Driver provides Services shall be subject to a $500 monetary penalty
		by the Division. Each TNC subject to the fine shall have 30 business days to
		rebut the presumption that the Driver provided Services at the time of
		violation.
(2) If a TNC is found in
		violation of M.G.L. c. 1591/26 or
		220 CMR 274.00, the Division
		shall take appropriate enforcement action that it deems necessary, including
		but not limited to:
(a) Refrain from issuing
		Clearance Certificates;
(b)
		Suspend, revoke, or deny a Permit; and
(c) Issue monetary penalties.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.15 - Appeals

Current through Register 1525, July 5, 2024
(1) A Driver aggrieved by a negative
		determination of suitability shall have a right of appeal to the Division.
		Appeals shall be considered on an individual basis, not a per-application
		basis. Appeals of mandatory disqualifications shall be limited to determining
		whether a genuine issue of material fact exists on the records received by the
		Division. Appeals of presumptive disqualifications, including discretionary
		disqualifications, shall be presumed to entitle the Driver to an appeal hearing
		at which the Driver may submit evidence on his or her behalf.
(2) At a Driver appeal hearing, the Division
		shall consider the following factors in determining whether a Driver has met
		his or her burden of rebutting the presumption of unsuitability:
(a) Relevance of the record to the position
		sought;
(b) Nature of the work to
		be performed;
(c) Time since the
		disposition;
(d) Age of the
		candidate at the time of the offense;
(e) Seriousness and circumstances of the
		offense;
(f) Number of
		offenses;
(g) Pending
		charges;
(h) Evidence of
		rehabilitation or lack thereof; and
(i) Any other relevant
		information.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.17 - Third-party Contractors

Current through Register 1525, July 5, 2024
A TNC may contract with a third party to comply with M.G.L. c.
		  159A1/2 and
		  220 CMR 274.00. A record
		  kept or function performed by a TNC's third-party contractor or agent shall be
		  construed as if kept or performed by the TNC itself. A TNC shall hold a
		  third-party contractor and agent to the same standards as required of a TNC
		  pursuant to M.G.L. c. 159A1/2 or
		  220 CMR 274.00. If a TNC's
		  third-party contractor or agent violates any statute, rule, regulation, or
		  order of the Division, the TNC shall be held as if it violated said statute,
		  rule, regulation, or Division order.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.18 - Agent of Service

Current through Register 1525, July 5, 2024
A TNC shall maintain a locally-based agent of service with
		  regular hours of business during weekdays. A TNC shall provide the Division
		  with the identity and contact information of the agent as part of its Permit
		  application and application for renewal. A TNC shall immediately update the
		  Division with any change of its agent or agent contact
		  information.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.19 - Waiver

Current through Register 1525, July 5, 2024
On its own motion, or for good cause shown, and not contrary to
		  statute, the Division may waive any provision of
		  220 CMR
		  274.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.20 - Severability

Current through Register 1525, July 5, 2024
The provisions of
		  220 CMR 274.00 shall be
		  deemed severable if any particular provision(s) is (are) rendered invalid by
		  judicial determination or by statutory amendment.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 2.00 - Energy Audit And Energy Conservation Improvement Programs (Repealed)

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
225 CMR 2.00: M.G.L. c. 25A, §§ 5, 6, 11 and 12; c.
				30A; St. 1979, c. 796, §§ 4, 28, 31 and 32; St. 1983, c. 700,
				§§ 1 through 5; St. 1987, c. 670, §§ 1 through 6.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 3.00 - Alternative Energy Property Program (aepp) (Repealed)

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
225 CMR 3.00: M.G.L. c. 25A, §§ 6, 11 and 12; St.
				1979, c. 796, §§ 4, 28, 31 and 32; St. 1983 c. 700, §§ 1
				through 5; St. 1987 c. 670, §§ 1 through 6.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.02 - RCS Program

Current through Register 1525, July 5, 2024
(1) The purpose of
			 225 CMR 4.00 and the State
			 Plan is to establish requirements for the implementation of the Massachusetts
			 Residential Conservation Service (RCS) Program pursuant to M.G.L. c. 25A,
			 §§ 11A, 11G, and c. 164 App. §§ 2-1 through 2-10.
The Massachusetts RCS Program is designed to encourage
				Residential Customers to conserve energy by providing them with:
(a) accurate information concerning what they
			 can do to save energy in their own homes;
(b) such services and programs as are
			 practicable to facilitate the installation and financing of Program Measures;
			 and
(c) consumer protection, such
			 as through education, inspections, warranties, complaint conciliation
			 procedures, and redress procedures for poor work.
All RCS Program Administrators shall implement the RCS program.
				Home Heating Suppliers may voluntarily participate in the RCS program pursuant
				to
				225 CMR
				4.11.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.03 - Eligibility

Current through Register 1525, July 5, 2024
(1) The RCS program covers all Residential
			 Buildings, regardless of the type of fuels used in the building, the number of
			 residential units in the building, or whether there is commercial heating
			 equipment in the building.
(2) All
			 Residential Customers are eligible for a Fuel Neutral Reward under
			 225 CMR 4.04(7)
			  regardless of the types of fuels used in the
			 building.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.04 - RCS Program Requirements

Current through Register 1525, July 5, 2024
To comply with
				225 CMR 4.00, RCS Program
				Administrators shall:
(1) Every three
			 years or sooner, if needed, provide to the DOER the methodology for
			 recommending Program Measures to Residential Customers referred to in
			 225 CMR 4.02(2)(e)
			  for review and approval.
(2) As needed, provide to the DOER proposed
			 rules for audit frequency referred to in
			 225 CMR 4.02(2)(g)
			  for review and approval.
(3) Create a marketing plan that includes,
			 but is not limited to, a strategy to increase awareness of the program among
			 eligible Residential Customers.
(4)
			 Provide Ancillary Services to Residential Customers, including but not limited
			 to:
(a) A telephone number to answer inquiries
			 from Residential Customers.
(b)
			 Protocols for educating and qualifying Residential Customers regarding Audits,
			 Program Measures, and Fuel Neutral Rewards.
(c) The maintenance and provision of data
			 relevant to a Residential Building.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.05 - Outcomes

Current through Register 1525, July 5, 2024
(1) DOER shall establish Outcomes for the RCS
			 program including, but not limited to, gains in Residential Buildings' energy
			 efficiency resulting from the installation of Program Measures.
(2) DOER shall monitor implementation of the
			 Coalition and Municipal Action Plans to ensure that Outcomes are met.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.06 - Qualifications for Program Vendors

Current through Register 1525, July 5, 2024
(1) On an
			 as needed basis, RCS Program Administrators, with input from Program Vendors
			 and other stakeholders, including consumer and low income consumer
			 representatives, shall propose standards for the qualification and retention of
			 Program Vendors to the DOER. DOER will review and approve the standards to
			 ensure quality work, transparency, fairness, and appropriate consideration of
			 program vendor and stakeholder interests.
(2) Program Vendors must demonstrate to RCS
			 Program Administrators that they meet the statewide standards established under
			 225 CMR 4.06.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.07 - Coalition Action Plan

Current through Register 1525, July 5, 2024
(1) RCS Program
			 Administrators subject to
			 220 CMR 7.00:
Residential Energy Conservation Service Program Cost Recovery
shall submit a Coalition Action Plan to DOER in accordance with the
			 EEIP schedule. The Coalition Action Plan shall describe how the RCS Program
			 Administrators will provide services in accordance with
			 225 CMR 4.00 and the State
			 Plan.
(2) The Coalition Action Plan
			 shall include plans for program assessment which shall support assessment of
			 Outcomes pursuant to
			 225 CMR 4.05 and the
			 State Plan, and may also support potential program improvements.
(3) Budget approval for the Coalition Action
			 Plan must comply with
			 220 CMR 7.00:
Residential Energy Conservation Service Program Cost
			 Recovery
.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.08 - Municipal Action Plan

Current through Register 1525, July 5, 2024
(1) Municipal
			 utilities that do not participate in the Coalition Action Plan shall submit a
			 Municipal Action Plan to DOER either individually or in coordination with other
			 municipal utilities. Submission of a Municipal Action Plan commits municipal
			 utilities to achieve Program Requirements pursuant to
			 225 CMR
			 4.04 and Outcomes pursuant to
			 225 CMR 4.05.
(2) Municipal Action Plans shall provide
			 information in accordance with
			 225 CMR 4.00 and the State
			 Plan.
(3) The RCS program budget
			 for a municipal utility shall be at an annual level equal to and not less than
			 .0025 of its gross annual retail revenues. If a municipal utility lacks
			 sufficient budgetary means using the formula established in 225 CMR 4.08(3) to
			 implement the RCS Program pursuant to
			 225 CMR 4.00, the municipal
			 utility may request of DOER a waiver from some or all of the requirements of
			 225 CMR 4.00. The granting of
			 such waiver does not constitute an exemption from the DOER assessment pursuant
			 to
			 225 CMR 4.10(2)
			  authorized under M.G.L. c. 164 App. § 2
			 through 7(e).
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.09 - Enforcement of Compliance and Complaints Processing Procedures

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 164, App.
			 §§ 2-1 through 2-10 any person participating in the State Plan must
			 comply with this State Plan.
(2)
			 Program Vendors shall make available conciliation conferences to Residential
			 Customers for the purpose of resolving complaints regarding the installation of
			 Program Measure(s) by said Program Vendor or by any person or entity that has a
			 contractual relationship with said Program Vendor.
(3) Conciliation conferences shall also be
			 made available, through the Department of Public Utilities, against an RCS
			 Program Administrator subject to
			 220 CMR 7.00:
Residential Energy Conservation Service Program Cost Recovery
with respect to the sale, installation, or financing of a Program
			 Measure(s) by a Program Vendor(s) who has a contractual relationship with such
			 RCS Program Administrator.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.10 - Accounting and Costs

Current through Register 1525, July 5, 2024
(1) All amounts
			 received or expended by RCS Program Administrators which are attributable to
			 the RCS Program shall be treated pursuant to the terms established in
			 220 CMR 7.00:
Residential Energy Conservation Service Program Cost Recovery
for those RCS Program Administrators subject to
			 220 CMR 7.00.
(2) An RCS Program Administrator's share of
			 the assessment under M.G.L. c. 164 App. § 2-7 shall be apportioned
			 according to two factors: its number of Residential Customers and the total
			 British thermal units (BTUs) delivered to its Residential Customers.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.11 - Home Heating Suppliers

Current through Register 1525, July 5, 2024
(1) A Home
			 Heating Supplier may qualify as an RCS Program Administrator by contributing to
			 program costs pursuant to
			 225 CMR
			 4.10.
(2) A Home Heating Supplier may qualify as a
			 Program Vendor by complying with standards set pursuant to
			 225 CMR
			 4.06.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 4.00 - Residential Conservation Service Program › Section 4.12 - State Plan and Other Reporting Requirements

Current through Register 1525, July 5, 2024
(1) DOER shall establish the State Plan as
			 guidelines that clarify
			 225 CMR 4.00, including other
			 reporting requirements. DOER may change or modify the State Plan
			 periodically.
(2) In the event that
			 DOER proposes to change or modify the State Plan, it will provide interested
			 parties the opportunity to review and comment on such proposed changes or
			 modifications.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 9.00 - Appliance Energy-efficiency Standards, Testing And Certification Program › Section 9.01 - Statutory Authorization

Current through Register 1525, July 5, 2024
M.G.L. c. 25B, §§ 5 through 10 require the
				Commissioner of Energy Resources to adopt procedures for testing the energy
				efficiency of appliances and lamps covered by
				225 CMR 9.00 if such
				procedures are not covered by the state plumbing code, and to certify those in
				compliance with
				225 CMR 9.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 9.00 - Appliance Energy-efficiency Standards, Testing And Certification Program › Section 9.04 - Certification

Current through Register 1525, July 5, 2024
(1) No new appliance or lamp covered by
			 M.G.L. c. 25B, § 3 may be sold, offered for sale or installed in
			 Massachusetts after the dates designated for the respective products in M.G.L.
			 c. 25B, § 5 which is not certified pursuant to 225 CMR 9.04(2).
(2) The manufacturer shall submit to the
			 Commissioner or to another state or third-party as designated by the
			 Commissioner in guidelines a certification statement listing all new appliance
			 models and lamps covered by
			 225 CMR 9.00. The
			 certification statement requirements shall be set forth in the
			 guidelines.
(3) In accordance with
			 M.G.L. c. 25B, § 9, the commissioner, in consultation with the attorney
			 general, shall determine if implementation of state standards for residential
			 furnaces or boilers requires a waiver from federal preemption, and shall apply
			 for such waivers if necessary. If the commissioner determines that a waiver
			 from federal preemption is necessary for a residential furnaces or boiler
			 standards established by
			 225 CMR
			 9.03, the state standard shall go into effect
			 at the earliest date permitted by federal law. If the commissioner determines
			 that a waiver from federal preemption is not needed for residential furnaces or
			 boilers, then such state standards shall go into effect on June 1,
			 2008.
(4) One year after the date
			 upon which the sale or offering for sale of certain products is limited
			 pursuant to the preceding clauses of 225 CMR 9.04, no new products may be
			 installed for compensation in the state, unless the efficiency of the new
			 product meets or exceeds the efficiency standards set forth in
			 225 CMR
			 9.03 adopted pursuant to M.G.L. c. 25B,
			 § 5.
(5) The commissioner may
			 test products covered by M.G.L. c. 25B, § 3. If products so tested are
			 found not to be in compliance with the minimum efficiency standards established
			 under M.G.L. c. 25B, § 5, the commissioner shall:
(a) charge the manufacturer of such product
			 for the cost of product purchase and testing; and
(b) provide information to the public on
			 products found not to be in compliance with standards.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 9.00 - Appliance Energy-efficiency Standards, Testing And Certification Program › Section 9.05 - Identification of Complying Appliances and Lamps

Current through Register 1525, July 5, 2024
(1) Sufficient information shall be shown on
			 the outside of the shipping carton for any appliance or lamp (and unit carton
			 in the case of plumbing fittings) to permit the determination of whether the
			 appliance or lamp complies with the requirements of
			 225 CMR 9.00. The appropriate
			 measure of energy or water consumption, the model number as it has been
			 certified, or any label earned as part of the certification process may be used
			 for this purpose and shall be deemed as providing sufficient information to
			 determine compliance.
(2) The
			 Commissioner or his or her designee may require additional information if
			 necessary to permit determination of compliance.
(3) The manufacturer's name or brand name
			 shall appear on each appliance or lamp.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 9.00 - Appliance Energy-efficiency Standards, Testing And Certification Program › Section 9.06 - Enforcement

Current through Register 1525, July 5, 2024
(1) Notwithstanding the provisions of
			 225 CMR 9.04, the
			 Commissioner shall have authority to challenge the efficiency test results
			 provided by the manufacturer and cause the appliance model or lamp to be
			 retested.
(2) The Commissioner may
			 cause periodic inspections to be made of manufacturers, distributors or
			 retailers of the new appliances covered by M.G.L. c. 25B, including appliances
			 that have been or are to be installed by contractors or builders at building
			 sites, in order to determine compliance with
			 225 CMR 9.00.
(3) Except as expressly provided in the
			 guidelines, any test ordered by the Commissioner would involve one unit
			 selected by the Commissioner or his or her designee.
(a) If the performance of the unit meets or
			 exceeds the standard set forth in
			 225 CMR 9.00, no further
			 action is necessary, and the Department of Energy Resources will pay the cost
			 of testing.
(b) If the performance
			 of the unit does not meet or exceed the standard set forth in
			 225 CMR 9.00, the manufacturer
			 must pay the cost of testing and, if the certification for that model has been
			 suspended, take whatever steps are necessary to recertify the appliance at an
			 efficiency rating equal to or exceeding the applicable standard according to
			 the process outlined in the guidelines.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.01 - Application and Purpose; Authority

Current through Register 1525, July 5, 2024
(1)
Application and Purpose
.
			 225 CMR 10.00 shall apply to
			 the procurement of Energy Management Services, which may include On-site
			 Generation, by a Local Governmental Body. Any dispute as to inclusion or
			 exclusion within the provisions of
			 225 CMR 10.00 shall be
			 determined by the Department of Energy Resources.
(2)
Authority
.
			 225 CMR 10.00 is promulgated
			 under M.G.L. c. 25A, § 11C.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.03 - Request for Proposals

Current through Register 1525, July 5, 2024
(1)
RFP
			 Terms
. A Local Governmental Body shall solicit competitive sealed
			 proposals through an RFP process. Except for those soliciting only On-Site
			 Energy Generation, requirements set forth in 225 CMR 10.03(2), every RFP shall,
			 at a minimum, include the information listed in 225 CMR 10.03(1)(a) through
			 (i):
(a) A general description of those
			 buildings to be addressed by the RFP, including where applicable:
1. the general purpose for which the building
			 is used, the physical location, and approximate hours of daily
			 occupancy;
2. the approximate size,
			 age and condition of the building envelope;
3. a general description of the heating and
			 cooling systems including the approximate age, condition, and fuel
			 type(s);
4. a general description
			 of the heating and cooling distribution systems and control systems;
5. a general description of the lighting and
			 lighting control systems; and
6.
			 fuel, electricity, and water consumption data for the past three
			 years.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.04 - Contract Award

Current through Register 1525, July 5, 2024
A Local Governmental Body shall only award a contract for EMS
				if all the requirements of
				225 CMR 10.00 have been met.
				At least 15 Business Days prior to execution of an EMS contract, the Local
				Governmental Body shall file with DOER a final copy of the contract along with
				DOER's EMS Annual Report with projected energy and water cost savings
				estimates. Within 15 Business days after the contract is executed, the Local
				Governmental Body shall file an electronic copy of the executed contract with
				the Commissioner of DOER under the terms of EMS Contract Submission
				Guideline.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.05 - Contract Terms

Current through Register 1525, July 5, 2024
The EMS contract shall conform to the terms included in the
				RFP, utilize the terms and conditions set forth in Guidelines established by
				DOER, and confirm to other terms required by law and by the Local Governmental
				Body. The Contract shall include, but not be limited to, the following
				provisions:
(1) A description of:
(a) each required Energy Conservation
			 Measure;
(b) each water
			 conservation measure; and
(c) each
			 unit producing On-site Energy Generation, to be installed by the Contractor.
			 Such description shall include the cost of each measure or unit, the Energy
			 Savings, or in the case of On-site Energy Generation, the energy to be
			 generated, and the method to be used to measure and verify said Energy Savings
			 or energy generated that conform to the most recent standards established by
			 the FEMP of the United States Department of Energy.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.06 - Contract Amendments

Current through Register 1525, July 5, 2024
A contract may be amended if it does not exceed the scope of
				the RFP, and does not violate the requirements established in M.G.L. c. 25A,
				§ 11C,
				225 CMR 10.00, and all other
				applicable laws of the Commonwealth. The Local Governmental Body shall file a
				copy of a contract amendment with DOER on or before ten Business Days before
				the effective date of the applicable contract amendment.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.07 - Monitoring; Reporting Requirements

Current through Register 1525, July 5, 2024
For the duration of the contract term, the Local Governmental
				Body shall annually file with DOER an Annual Report utilizing the Guidelines
				established by DOER. Said Annual Report shall be filed not later than 90 days
				from the first anniversary of the effective date of the contract, and every
				year thereafter on the same date, ending with a final report on the contract
				termination date, or anytime before six months after the contract termination
				date.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.08 - Enforcement, Complaint Processing Procedures; Disputes

Current through Register 1525, July 5, 2024
(1)
Document
			 Inspection
. DOER may audit the accuracy of all information
			 submitted under
			 225 CMR 10.00. The Department
			 may request and obtain from any Local Governmental Body or Contractor
			 information that the Department determines necessary to monitor compliance with
			 and enforcement of
			 225 CMR 10.00.
(2)
Audit and Site
			 Inspection
. Upon reasonable notice to a Local Governmental Body or
			 Contractor, DOER may conduct audits, which may include inspection and copying
			 of records and/or site visits, including but not limited to, all files and
			 documents that DOER determines are related to compliance with
			 225 CMR 10.00.
(3) DOER shall investigate any complaints of
			 non-compliance with M.G.L. c. 25A, § 11C and
			 225 CMR 10.00 subject to the
			 following procedures and requirements:
(a)
			 Any person may file with DOER a complaint of non-compliance with the
			 requirements of M.G.L. c. 25A, § 11C and
			 225 CMR 10.00.
(b) The complaint shall be in writing, mailed
			 to the Commissioner and the relevant Local Governmental Body, certified mail
			 return receipt requested, and shall include the following information:
1. the name, address, email address, and
			 phone number of the person filing the complaint;
2. the name of the entity about whom the
			 complaint is filed;
3. a detailed
			 description of the nature of the alleged non-compliance, including but not
			 limited to, all applicable dates, the applicable statutory and regulatory
			 requirement(s) allegedly violated, and names of any other persons involved in
			 and aggrieved by the non-compliance;
4. a statement demonstrating that the
			 complaint has been brought to the attention of the Local Governmental Body and
			 describing all previous efforts to resolve or correct the non-compliance with
			 the Local Governmental Body; and
5.
			 any supporting documentation.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.09 - Waivers

Current through Register 1525, July 5, 2024
(1) The Commissioner of DOER may grant a
			 waiver from one or more provisions or requirements of
			 225 CMR 10.00 upon written
			 request of a Local Governmental Body and a showing of special or exceptional
			 circumstances or need, provided that such written request shall at a minimum
			 meet the following conditions:
(a) The waiver
			 request must be in writing, signed by the Chief Executive Officer, or a
			 designee, of the Local Governmental Body, specifying the provisions of
			 225 CMR 10.00 to be
			 waived;
(b) The written waiver
			 request must be mailed to the Commissioner by certified mail, return receipt
			 requested;
(c) The waiver request
			 must provide a detailed explanation of why the waiver should be granted,
			 including all documentation supporting the special circumstances or need for
			 such waiver including all information and documentation required by DOER;
			 and
(d) The waiver request must
			 include a statement that the Local Governmental Body has made a good faith
			 effort to comply with the applicable requirements of
			 225 CMR 10.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 10.00 - Energy Management Services (ems) Contracts Rfp Process › Section 10.10 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				225 CMR 10.00 is declared or
				found to be illegal, unenforceable or void, Local Governmental Bodies shall be
				relieved of all obligations under that provision only, and all other provisions
				shall remain in full force and effect.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 11.00 - Regarding Oversight And Coordination Of Electric Ratepayer Funded Energy Efficiency Activities (Repealed)

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
225 CMR 11.00: M.G.L. c. 25, § 19 and c. 25A, §§
				6, 7, 11D, 11E, 11G.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 225 CMR 13.00 is to establish rules for the
				conduct of auctions of CO2 allowances to be administered
				by the Department of Energy Resources or its agent as part of the Massachusetts
				component of the CO2 Budget Trading Program, which is
				designed to stabilize and then reduce anthropogenic emissions of
				CO2, a greenhouse gas, from CO2
				budget sources in an economically efficient manner that minimizes costs to
				electricity consumers. 225 CMR 13.00 complements the provisions of the
				Department of Environmental Protection,
				310 CMR
				7.70:
Massachusetts
				CO2 Budget Trading Program.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.04 - Multi-state Auction Option

Current through Register 1525, July 5, 2024
(1) DOER shall
			 participate in a multi-state CO2 allowance auction or
			 auctions in coordination with other RGGI Participating States, if it determines
			 that:
(a) a multi-state auction capability and
			 process is in place for the Participating States;
(b) the multi-state auction can provide
			 benefits to the Commonwealth that meet or exceed the benefits conferred on the
			 Commonwealth through its own state-run auction process; and
(c) the multi-state auction process would be
			 consistent with the process described in 225 CMR 13.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.05 - Commencement and Timing of CO 2 Allowance Auctions

Current through Register 1525, July 5, 2024
(1) Upon notification from the Department
			 that it has transferred CO2 allowances into the
			 Massachusetts Auction Account as established by the Department under
			 310 CMR
			 7.70(5)(c) l.c:
Massachusetts Auction Account,
DOER shall conduct a series of
			 auctions to sell such CO2 allowances
			 (CO2 Allowance Auctions or Auctions) pursuant to 225 CMR
			 13.00.
(2) Auctions shall be
			 conducted quarterly, but DOER in consultation with the Department, may adjust
			 the frequency of such auctions as it deems necessary to effectuate the
			 objectives of the CO2 Budget Trading Program, provided
			 at least one auction is conducted annually.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.07 - Auction Notice

Current through Register 1525, July 5, 2024
(1) Notice of each
			 auction shall be published no later than 45 calendar days prior to such auction
			 on the CO2 Allowance Auction Website, and may be
			 transmitted electronically to parties requesting such notification provided
			 they have submitted an e-mail address to the DOER Contact Person.
(2) Each notice shall include, but not be
			 limited to, the following information:
(a)
			 Date, time and location of the auction, including the internet address or
			 electronic address for auction location, as applicable;
(b) Auction format;
(c) Categories of bidders who will be
			 eligible to bid;
(d) Quantity and
			 allocation years of Massachusetts CO2 Allowances to be
			 auctioned;
(e) Reserve
			 Price;
(f) Quantity and trigger
			 price of Cost Containment Reserve;
(g) Quantity and trigger price of Emissions
			 Containment Reserve;
(h) Required
			 bid format;
(i) Instructions for
			 submitting the qualification application;
(j) Instructions for submitting acceptable
			 financial surety;
(k) Procedures
			 for the conduct of the auction;
(l)
			 Participation limitations;
(m)
			 Other pertinent rules or procedures of the auction as may be required to ensure
			 a transparent, fair and competitive auction; and
(n) Identification of a DOER Contact Person
			 for further information.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.08 - Participant Eligibility

Current through Register 1525, July 5, 2024
(1) DOER, in
			 consultation with the Department, shall select from
			 225 CMR
			 13.08: List A the categories of bidders
			 eligible to participate in each auction, provided, however, that owners of
			 CO2 budget units located in Massachusetts (MA
			 CO2 budget units) shall be eligible to participate in
			 all auctions.
List A
: Categories of bidders:
Category No. 1
: Owners of
				CO2 budget units located in Massachusetts.
Category No. 2
: Owners of
				CO2 budget units located outside of the Commonwealth but
				within those states that have final CO2 budget trading
				rules in place at the time of the auction and are RGGI Participating
				States.
Category No. 3
: Other market
				participants including, but not limited to:
(a) owners of fossil-fuel-fired generation
			 units located outside the participating states;
(b) brokers;
(c) environmental groups;
(d) financial and investment
			 institutions;
(e) generators that
			 do not emit CO2 or do emit CO2
			 but are not subject to the CO2 Budget trading program in
			 Massachusetts or a Participating State.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.10 - Bid Selection

Current through Register 1525, July 5, 2024
(1) DOER, in
			 consultation with the Department, may employ a market monitor to observe the
			 conduct and outcome of each auction. As a condition to participation in any
			 auction, bidders must agree to provide any data to DOER that DOER deems
			 necessary to support this function and the proper monitoring of such
			 auctions.
(2)
DOER Will
			 Rank All Bids
. CO2 allowances will be sold
			 in the quantities specified in the accepted bids until there are no remaining
			 CO2 allowances available for the specified auction. In
			 the event that there is more than one winning bidder submitting the same price
			 and the total number of CO2 allowances requested in all
			 such winning bids exceeds the number of CO2 allowances
			 remaining, the DOER may award the remaining CO2
			 allowances randomly, or based on the
pro rata
share of the
			 number of CO2 allowances bid on by each winning
			 bidder.
(3) The DOER, in
			 consultation with the Department, shall approve or disapprove the outcome of
			 the auction following the completion of the auction event.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.11 - Transfer of CO[2] Allowances

Current through Register 1525, July 5, 2024
Following approval of the outcome of the auction and upon
				payment in full of the amount owed by the successful bidders, the DOER shall
				notify the Department, or its agent, to transfer and record
				CO2 allowances into the corresponding bidders'
				CO2 Allowance Tracking Account.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.12 - Return of Unsuccessful Bids

Current through Register 1525, July 5, 2024
Subject to
				225 CMR 13.09(2)(b)
				 and
				13.09(3)(f),
				following each auction the DOER will return upon written request all financial
				securities or payments to unsuccessful bidders and to bidders unwilling to
				purchase fewer CO2 allowances than requested in its
				bid.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.13 - Announcement of Results

Current through Register 1525, July 5, 2024
The DOER reserves the right to publish the names of qualified
				bidders, the closing price, and the total quantity of allowances sold at each
				auction, on the CO2 Allowance Auction Website (available
				through a link from DOER's main web page at:
				http://www.mass.gov/doer/.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.14 - Voluntary Renewable Energy (VRE) Accounting

Current through Register 1525, July 5, 2024
Beginning in 2010 and annually thereafter, DOER shall submit to
				the Department a report documenting the following:
(a) The number of Massachusetts RPS-eligible
			 Renewable Energy Certificates purchased voluntarily by retail customers in
			 Massachusetts in the preceding year, in Mwh;
(b) The annual average
			 CO2 emission rate for all hours of electricity
			 generation in lbs. CO2/MWh as provided in the most
			 recently available version of the ISO New England Electric Generator Air
			 Emissions Report;
(c) The total
			 number of CO2 allowances attributable to such voluntary
			 purchases in Massachusetts of said Massachusetts RPS-eligible Renewable Energy
			 Certificates; and
(d) All
			 calculations used to determine the amount referenced in
			 225 CMR
			 13.14(c).
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 13.00 - Doer Co[2] Budget Trading Program Auction Regulation › Section 13.15 - Emission Containment Reserve Accounting

Current through Register 1525, July 5, 2024
Beginning in 2021 and annually thereafter, DOER shall submit to
				the Department a report documenting the number of CO2
				allowances withheld from the auction in the preceding year, because of a
				trigger of the Emissions Containment Reserve.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				225 CMR
				14.00 is to establish requirements for every Retail
				Electricity Supplier to provide a minimum percentage of kilowatt-hour sales, as
				determined by the Department, to End-use Customers in the Commonwealth from
				eligible renewable energy technologies.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.04 - Applicability

Current through Register 1525, July 5, 2024
225 CMR
				14.00 applies to Retail Electricity Suppliers and to
				the Owners or Operators of RPS Class I Renewable Generation Units, Solar
				Carve-out Renewable Generation Units, and Solar Carve-out II Renewable
				Generation Units.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.06 - Qualification Process 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)
Statement of Qualification
			 Application
. A Statement of Qualification Application shall be
			 submitted to the Department by the Owner or Operator of the Generation Unit or
			 by the Authorized Agent for an Aggregation, as provided in
			 225
			 CMR 14.05(6)(b). 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.
(2)
Review
			 Procedures
.
(a) The Department
			 will notify the applicant when the Statement of Qualification Application is
			 administratively complete or if additional information is required pursuant to
			 225
			 CMR 14.06(1).
(b) The Department may, in its sole
			 discretion, provide an opportunity for public comment on any Statement of
			 Qualification Application.