Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.02 - Definitions

Current through Register 1525, July 5, 2024
Aggregation
. A group of one or more
				Generation Units that receives a single Statement of Qualification from the
				Department under criteria and procedures set forth in
				225
				CMR 16.05(3).
Alternative Compliance Credit
. A
				credit obtained by a Retail Electricity Supplier upon making an Alternative
				Compliance Payment. Such credit may be used to document compliance with
				225 CMR
				16.07. One unit of credit shall be equivalent
				to the APS Alternative Generation Attribute associated with one MWh of
				electrical energy output, or with the equivalent of such output as provided in
				225
				CMR 16.05(1)(a)2.c. and
				225
				CMR 16.05(1)(a)3., from an
				APS Alternative Generation Unit.
Alternative Compliance Payment (ACP)
.
				A payment of a certain dollar amount per MWh, resulting in the issuance of
				Alternative Compliance Credits, which a Retail Electricity Supplier may submit
				to the Department in
lieu
of providing APS Alternative
				Generation Attributes required under
				225 CMR
				16.07.
APS Alternative Generation
. The energy
				output of an APS Alternative Generation Unit, or the equivalent of such output
				as provided in
				225
				CMR 16.05(1)(a)2.b.,
				225
				CMR 16.05(1)(a)3.b., and
				225
				CMR 16.05(1)(a)6.b. or that
				portion of the energy output of an Alternative Generation Unit that qualifies
				under a Co-firing Waiver pursuant to
				225
				CMR 16.05(2)  or under any
				other applicable provision of
				225 CMR 16.00.
APS Alternative Generation Attribute
				(Attribute)
. The Generation Attribute of the energy output, or the
				equivalent of such output as provided in
				225
				CMR 16.05(1)(a)2.b.,
				225
				CMR 16.05(1)(a)3., and
				225
				CMR 16.05(1)(a)6.b. of a
				specific APS Alternative Generation Unit that derives from the Generation
				Unit's production of APS Alternative Generation.
APS Alternative Generation Unit
. A
				Generation Unit or Aggregation that has received a Statement of Qualification
				from the Department.
APS Ineligible Energy Source
. Any of
				the following fuels and energy sources, whose use is not eligible for APS
				Alternative Energy Attributes:
(a) coal;
(b) petroleum coke;
(c) oil, other Petroleum Products as defined in M.G.L. c. 25A,
				§ 3, and other petroleum-derived materials;
(d) natural gas, except when used in Combined Heat and Power or
				fuel cell technology;
(e) Construction and Demolition Waste as defined in
				310 CMR 19.006:
Definitions
including, but not limited to, chemically-treated
				wood; and
(f) nuclear power.
APS Renewable Thermal Generation Unit
.
				An APS Alternative Generation Unit or Aggregation that uses one of the
				technologies provided in
				225
				CMR 16.05(1)(a)6.a. to
				generate Useful Thermal Energy and has received a Statement of Qualification
				from the Department.
Business Day
. A business day shall
				mean Monday through Friday, exclusive of state and federal legal
				holidays.
Certificates Obligation
. A term
				defined in the NEPOOL GIS Operating Rules at Rule 4.1(b).
Clean Wood
. Means Clean Wood as
				defined in
				310 CMR 19.006:
Definitions
.
Combined Heat and Power (CHP)
. The
				generation of electrical and Useful Thermal Energy in a single integrated
				system.
Commercial Operation Date
. The date
				that a Generation Unit first produces electrical energy for sale within the
				ISO-NE Control Area. In the case of a Generation Unit that is connected to the
				End-use Customer's side of the electric meter or produces Off-grid Generation,
				the date that such Generation Unit first produces electrical energy. In the
				case of an APS Renewable Thermal Generation Unit, the Commercial Operation Date
				is the date that such APS Renewable Thermal Generation Unit first produces
				Useful Thermal Energy.
Compliance Filing
. A document filed
				annually by a Retail Electricity Supplier with the Department documenting
				compliance with
				225 CMR
				16.07, consistent with the format set forth
				in the Guidelines and submitted no later than the first day of July, or the
				first Business Day thereafter, of the subsequent Compliance Year.
Compliance Year
. A calendar year
				beginning January 1st and ending December
				31st, for which a Retail Electricity Supplier must
				demonstrate that it has met the requirements of
				225 CMR
				16.07 and
				16.08.
Control Area
. A geographic region in
				which a common generation control system is used to maintain scheduled
				interchange of electrical energy within and without the region.
DCR
. The Massachusetts Department of
				Conservation and Recreation (DCR) established by M.G.L. c. 21, § 1.
Dedicated Energy Crops
. Crops grown
				for the purpose of producing fuel, provided that such crops are not grown on
				land that sequestered significant amounts of carbon, such as a forest, and
				provided that such land does not have the economic potential to support
				production of any other agricultural crop grown for human consumption.
Department
. The Massachusetts
				Department of Energy Resources (DOER), established by M.G.L. c. 25A, §
				1.
Efficient Steam Technology
.
				(Reserved)
Eligible Biogas Fuel
. A gaseous fuel
				that is produced by the contemporaneous bacterial decomposition or thermal
				gasification of Eligible Biomass Fuel. Eligible Biogas Fuel does not include
				natural gas, but does include renewable natural gas which is Eligible Biogas
				Fuel upgraded to a quality similar to natural gas.
Eligible Biomass Fuel
. Fuel sources
				consisting of the following:
(a) Eligible Biomass Woody Fuel;
(b) Dedicated Energy Crops;
(c) Manufactured Biomass Fuel;
(d) Eligible Biogas Fuel;
(e) by-products or waste from animals or agricultural
				crops;
(f) food or vegetative material;
(g) algae;
(h) organic refuse derived fuel; and
(i) Eligible Liquid Biofuel.
Eligible Biomass Woody Fuel
. Woody
				fuels that are derived from the following sources, consistent with the
				requirements of
				225
				CMR 16.05(4)(g):
(a)
Forest-derived Residues
				(Residues)
:
1. Tops, crooks and other portions of trees produced as a
				by-product and trees collaterally damaged during the normal course of
				harvesting material, such as timber, pulpwood or cordwood in the implementation
				of a silvicultural prescription as administered by a licensed or certified
				forester as prescribed in the Department's
Guideline on Biomass,
				Biogas, and Biofuels for Eligible Renewable Thermal Generation
				Units.
2. Trees and portions of trees harvested for the purpose of the
				restoration and management of habitat for rare and endangered species as listed
				by the Massachusetts Division of Fisheries and Wildlife. Qualifying harvest
				areas must be approved by the Massachusetts Division of Fisheries and Wildlife
				Natural Heritage Program.
3. Other woody vegetation that interferes with regeneration or
				the natural growth of the forest, limited to locally invasive native species
				and non-native invasive woody vegetation.
(b)
Forest-derived Thinnings
				(Thinnings)
:
1. Unacceptable growing stock which is defined as trees
				considered structurally weak or have low vigor and do not have the potential to
				eventually yield an eight foot saw log or survive for at least the next ten
				years.
2. Trees removed during thinning operations, the purpose of
				which is to reduce stand density and enhance diameter growth and volume of
				acceptable growing stock within the residual stand.
(c)
Forest Salvage
:
1. Damaged, dying, or dead trees removed due to injurious
				agents, such as wind or ice storms or the spread of invasive epidemic forest
				pathogens, insects and diseases or other epidemic biological risks to the
				forest, but not removed due to competition. Such eligible trees may be removed
				without limitation for biomass fuel, only if the injurious agent is a threat to
				forest health or risk to private or public resources, and if the United States
				Department of Agriculture Animal and Plant Health Inspection Service, the
				United States Department of Agriculture Forest Service, or appropriate federal
				or state governmental agency has issued a declaration, rule, or order declaring
				a major threat to forest health or risk to private or public resources.
2. Trees removed to reduce fire hazard within fire-adapted
				forest ecosystems, as certified by a letter to the Department from the state
				agency responsible for forestry in consultation with the appropriate
				environmental state agencies.
(d)
Non-forest-derived Residues
:
1.
Forest Products Industry
: Residues
				derived from wood products manufacturing consisting of Clean Wood.
2.
Land Use Change - Agricultural
:
				Trees cut or otherwise removed in the process of converting forest land to
				agricultural usage, either for new or restored farm land.
3.
Wood Waste
: Pruned branches,
				stumps, and whole trees removed during the normal course of maintenance of
				public or private roads, highways, driveways, utility lines, rights of way, and
				parks.
4.
Agricultural Wood Waste
: Pruned
				branches, stumps, and whole trees resulting from maintenance activities
				directly related to the production of an agricultural product.
Eligible Liquid Biofuel
. A liquid fuel
				that is derived from organic waste feedstocks. Organic waste feedstock shall
				include, but not be limited to, waste vegetable oils, waste animal fats, or
				grease trap waste. Eligible Liquid Biofuel shall not include petroleum-based
				waste or Hazardous Waste as defined in
				310 CMR
				40.0006:
Terminology, Definitions,
				and Acronyms
, unless otherwise determined by the MassDEP.
End-use Customer
. A person or entity
				in Massachusetts that purchases electrical energy at retail from a Retail
				Electricity Supplier, except that a Generation Unit taking station service at
				wholesale from ISO-NE or self-supplying from its owner's other generating
				stations, shall not be considered an End-use Customer.
Flywheel
. A device used to store
				rotational kinetic energy.
Fuel Cell Generation Unit
. A device
				that uses Hydrogen as a fuel in an electro-chemical reaction to produce
				electricity, thermal energy, and water.
Generation Attribute
. A non-price
				characteristic of the energy output of a Generation Unit including, but not
				limited to, the Unit's fuel type, emissions, vintage and APS
				eligibility.
Generation Unit
. A facility that
				converts a fuel or an energy resource into electrical energy, thermal energy,
				or both.
GIS Certificate
. An electronic record
				produced by the NEPOOL GIS that identifies Generation Attributes of each MWh
				accounted for in the NEPOOL GIS.
Guidelines
. A set of clarifications,
				interpretations, and procedures, including forms, developed by the Department
				to assist in compliance with the requirements of
				225 CMR 16.00. The Department
				may issue new or revised Guidelines, after a public comment period. Each
				Guideline shall be effective on its date of issuance or on such date as
				specified, except as otherwise provided in
				225 CMR 16.00.
International Association of Plumbing and
				Mechanical Officials (IAPMO)
. The International Association of
				Plumbing and Mechanical Officials is a nonprofit, accredited standards
				developer and certification body which rates and certifies solar heating
				collectors and systems.
Incremental Electrical Energy
.
				Electrical energy generated by a CHP Unit that is either greater than
				(expressed as a positive amount) or less than (expressed as a negative amount)
				the electrical energy generated by the CHP Unit prior to the addition of new
				electric generation nameplate capacity, Useful Thermal Energy, or Incremental
				Useful Thermal Energy.
Incremental Fuel
. The amount of
				additional fuel used by a CHP Generation Unit which is attributable to the
				production of Incremental Useful Thermal Energy or Incremental Electrical
				Energy.
Incremental Useful Thermal Energy
.
				Useful Thermal Energy produced by a CHP Unit that is distinct in its final
				distribution, beneficial measure, and metering from Useful Thermal Energy
				previously produced by the CHP Unit, but only to the extent that the
				Incremental Useful Thermal Energy does not reduce the Useful Thermal Energy
				previously produced.
ISO-NE
. ISO New England Inc., the
				independent system operator for New England, the regional transmission
				organization for most of New England, which is authorized by the Federal Energy
				Regulatory Commission (FERC) to exercise for the New England Control Area the
				functions required pursuant to the FERC's Order No. 2000.
ISO-NE Settlement Market System
. The
				ISO-NE's electronic database system into which all real-time load and
				generation data are entered and from which such data are provided to the NEPOOL
				GIS.
Manufactured Biomass Fuel
. A biomass
				fuel that is prepared, other than by means of fuel drying, through a fuel
				processing facility that is separate from a Generation Unit and that utilizes
				Eligible Biomass Woody Fuel for production. Examples include, but are not
				limited to, the mechanical production of wood pellets or bio-dust, and the
				refinement of bio-oil through pyrolysis.
Massachusetts Clean Energy Technology Center
				(MassCEC)
. The center established by M.G.L. c. 23J, §
				2.
MassDEP
. The Massachusetts Department
				of Environmental Protection established by M.G.L. c. 21A, § 7.
Megawatt-hour (MWh)
. A unit of
				electrical energy or work equivalent to one million watts of power operating
				for one hour, or for the purpose of thermal energy, a unit of energy equal to
				3,412,000 British Thermal Units (Btu).
NEPOOL GIS
. The NEPOOL Generation
				Information System, which includes a generation information database and
				certificate system, operated by the New England Power Pool (NEPOOL), its
				designee, or successor entity that accounts for Generation Attributes of
				electrical energy consumed within, imported into, or exported from the ISO-NE
				Control Area.
North American Electric Reliability Council (NERC)
				Tag
. An identification of an electrical energy interchange
				transaction assigned in accordance with rules set forth by the North American
				Electric Reliability Council.
Off-grid Generation
. The electrical
				energy produced by a Generation Unit that is not connected to a utility
				transmission or distribution system.
Operator
. Any person or entity who has
				charge or control of a Generation Unit subject to
				225 CMR 16.00, including
				without limitation a duly authorized agent or lessee of the Owner, or a duly
				authorized independent contractor.
Owner
. Any person or entity who, alone
				or in conjunction with others, has legal ownership, a leasehold interest, or
				effective control over the real property or property interest upon which a
				Generation Unit is located, or the airspace above said real property including,
				without limitation, a duly authorized agent of the Owner. For the purposes of
				225 CMR 16.02,
Owner
does not mean a person or entity
				holding legal title or security interest solely for the purpose of providing
				financing.
Retail Electricity Product
. An
				electrical energy offering that is distinguished by its Generation Attributes
				and that is offered for sale by a Retail Electricity Supplier to End-use
				Customers.
Retail Electricity Supplier
. A person
				or entity that sells electrical energy to End-use Customers in Massachusetts
				including, but not limited to, electric utility distribution companies
				supplying basic service or any successor service to End-use Customers. A
				Municipal Lighting Plant shall be considered a Retail Electricity Supplier;
				however, it shall be exempt from the obligations of a Retail Electricity
				Supplier under
				225 CMR 16.00 so long as and
				insofar as it is exempt from the requirements to allow competitive choice of
				generation supply pursuant to M.G.L. c. 164, § 47A.
Solar Rating and Certification Corporation
				(SRCC)
. The Solar Rating and Certification Corporation is a
				nonprofit organization with the primary goal to develop and implement national
				rating standards and certification programs for solar energy equipment.
Statement of Qualification (SQ)
. A
				written document from the Department that qualifies a Generation Unit or
				Aggregation as an APS Alternative Generation Unit, or that qualifies a portion
				of the energy output of a Generation Unit or Aggregation as APS Alternative
				Generation.
Sustainable Forestry Management
.
				Practicing a land stewardship ethic that integrates the reforestation,
				managing, growing, nurturing, and harvesting of trees for useful products with
				the conservation of soil, air and water quality, wildlife and fish habitat, and
				aesthetics and the stewardship and use of forests and forest lands in a way,
				and a rate, that maintains their biodiversity, productivity, regeneration
				capacity, vitality, and potential to fulfill, now and in the future, relevant
				ecological, economic, and social functions at local, national, and global
				levels, and that does not cause damage to other ecosystems. Criteria for
				sustainable forestry include:
(a) conservation of biological diversity;
(b) maintenance of productive capacity of forest
				ecosystems;
(c) maintenance of forest ecosystem health and vitality;
(d) conservation and maintenance of soil and water
				resources;
(e) maintenance of forest contributions to global carbon
				cycles;
(f) maintenance and enhancement of long-term multiple
				socioeconomic benefits to meet the needs of societies; and
(g) a legal, institutional, and economic framework for forest
				conservation and sustainable management.
Thermal Waste-to-energy Generation
				Unit
. A Generation Unit that utilizes conventional municipal solid
				waste plant technology in commercial use to generate Useful Thermal Energy and
				was in operation as of January 1, 2016.
Useful Thermal Energy
. Energy in the
				form of direct heat, steam, hot water, hot air, or other thermal form that is
				used in the production and beneficial measures of heating, cooling, humidity
				control, process use, or other valid thermal end use energy requirements, for
				which fuel or electricity would otherwise be consumed.
Valid Air Permit
. Within the United
				States, a current and effective authorization, license, certificate, or like
				approval to construct and/or operate a source of air pollution, issued or
				required by the regulatory agency designated in the applicable State
				Implementation Plan to issue permits under the Clean Air Act,
				42 U.S.C.
				§§
									7401,
et seq
.
				In jurisdictions outside of the United States, it shall be a document
				demonstrating an equivalent authorization.