Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program › Section 20.06 - Qualification and Block Reservation Process for Solar Tariff Generation Units

Current through Register 1525, July 5, 2024
(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.