reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.08 - Compliance Procedures for Retail Electricity Suppliers

Current through Register 1525, July 5, 2024
(1)
Standard
			 Compliance
. Each Retail Electricity Supplier shall be deemed to be
			 in compliance with
			 225 CMR
			 14.00 if the information provided in the Compliance
			 Filing submitted pursuant to
			 225
			 CMR 14.09 is true and accurate and
			 demonstrates compliance with
			 225
			 CMR 14.07. A Retail Electricity Supplier
			 shall demonstrate to the satisfaction of the Department that RPS Class I
			 Renewable Generation Attributes, Solar Carve-out Renewable Generation
			 Attributes, or Solar Carve-out II Renewable Generation Attributes used for
			 compliance have not otherwise been, nor will be, sold, retired, claimed, used
			 or represented as part of electrical energy output or sales, or used to satisfy
			 obligations in jurisdictions other than Massachusetts.
(2)
Banked
			 Compliance
. A Retail Electricity Supplier may use RPS Class I
			 Renewable Generation Attributes, Solar Carve-out Renewable Generation
			 Attributes, or Solar Carve-out II Renewable Generation Attributes produced in
			 one Compliance Year for compliance in either or both of the two subsequent
			 Compliance Years, subject to the limitations in
			 225
			 CMR 14.08(2)  and provided
			 that the Retail Electricity Supplier is in compliance with
			 225 CMR
			 14.00 for all previous Compliance Years. In addition,
			 the Retail Electricity Supplier shall demonstrate to the satisfaction of the
			 Department that such Attributes:
(a) were in
			 excess of the RPS Class I Renewable Generation Attributes, Solar Carve-out
			 Renewable Generation Attributes, or Solar Carve-out II Renewable Generation
			 Attributes needed for compliance in the Compliance Year in which they were
			 generated, and that such excess Attributes have not previously been used for
			 compliance with
			 225 CMR
			 14.00;
(b)
			 do not exceed 30% of the RPS Class I Renewable Generation Attributes or do not
			 exceed 10% of the Solar Carve-out Renewable Generation Attributes or Solar
			 Carve-out II Renewable Generation Attributes needed by the Retail Electricity
			 Supplier for compliance with the RPS Class I Minimum Standard, the Solar
			 Carve-out Minimum Standard, or the Solar Carve-out II Minimum Standard,
			 respectively, in the year they were generated, subject to
			 225
			 CMR 14.09(2)(d);
(c) were produced during the Compliance Year
			 in which they are claimed as excess by the generation of electrical energy sold
			 to End-use Customers in the ISO-NE Control Area, by the generation of
			 electrical energy on End-use Customers' sides of retail meters in the ISO-NE
			 Control Area, or by the generation of electrical energy from Off-grid
			 Generation Units in Massachusetts; and
(d) have not otherwise been, nor will be,
			 sold, retired, claimed or represented as part of electrical energy output or
			 sales, or used to satisfy obligations in jurisdictions other than
			 Massachusetts.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.10 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
Certification
. Any person required by
			 225 CMR
			 14.00 to submit documentation to the Department shall
			 provide:
(a) the person's name, title and
			 business address;
(b) the person's
			 authority to certify and submit the documentation to the Department; and
(c)  the following certification:
			 "I hereby certify, under the pains and penalties of perjury, that I have
			 personally examined and am familiar with the information submitted herein and
			 based upon my inquiry of those individuals immediately responsible for
			 obtaining the information, I believe that the information is true, accurate,
			 and complete. I am aware that there are significant penalties, both civil and
			 criminal, for submitting false information, including possible fines and
			 imprisonment."
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.11 - Inspection

Current through Register 1525, July 5, 2024
(1)
Document
			 Inspection
. The Department may audit the accuracy of all
			 information submitted pursuant to
			 225 CMR
			 14.00. The Department may request and obtain from any
			 Owner, Operator or Authorized Agent of an RPS Class I Renewable Generation Unit
			 or a Solar Carve-out Renewable Generation Unit or a Solar Carve-out II
			 Renewable Generation Unit, including Aggregations, supplier of Eligible Biomass
			 Fuel, and from any Retail Electricity Supplier information that the Department
			 determines necessary to monitor compliance with and enforcement of
			 225 CMR
			 14.00.
(2)
Audit and Site Inspection
. Upon reasonable notice to a
			 Retail Electricity Supplier, supplier of Eligible Biomass Fuel, or to an RPS
			 Class I Renewable Generation Unit, Solar Carve-out Renewable Generation Unit,
			 or Solar Carve-out II Renewable Generation Unit Owner, Operator or Authorized
			 Agent, the Department may conduct audits, which may include inspection and
			 copying of records and/or site visits to an RPS Class I Renewable Generation
			 Unit, Solar Carve-out Renewable Generation Unit, Solar Carve-out II Renewable
			 Generation Unit, supplier of Eligible Biomass Fuel, or a Retail Electricity
			 Supplier's facilities including, but not limited to, all files and documents
			 that the Department determines are related to compliance with
			 225 CMR
			 14.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 14.00 - Renewable Energy Portfolio Standard - Class I › Section 14.13 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				225 CMR
				14.00 is declared invalid, such invalidity shall not
				affect other provisions or applications that can be given effect without the
				invalid provision or application.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				225 CMR
				15.00 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 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.04 - Applicability

Current through Register 1525, July 5, 2024
225 CMR
				15.00 applies to Retail Electricity Suppliers and to
				the Owners or Operators of RPS Class II Generation Units.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.06 - Statement of Qualification Process for RPS Class II Renewable Generation Units

Current through Register 1525, July 5, 2024
(1)
Statement of Qualification Application (SQA)
. An SQA
			 shall be submitted to the Department by the Owner or Operator of the Generation
			 Unit or Aggregation. 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 SQA is administratively complete or if additional information is
			 required pursuant to
			 225
			 CMR 15.06(1).
(b) The Department may, in its sole
			 discretion, provide an opportunity for public comment on any SQA.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.07 - Renewable Energy Portfolio Standard - Class II

Current through Register 1525, July 5, 2024
(1)
RPS Class II Renewable Generation Minimum Standard
.
			 The total annual sales of each Retail Electricity Product sold to Massachusetts
			 End-use Customers by a Retail Electricity Supplier, under contracts executed or
			 extended on or after January 1, 2009, shall include a minimum percentage of
			 electrical energy sales with RPS Class II Renewable Generation Attributes. The
			 RPS Class II Renewable Generation Minimum Standard shall be calculated as
			 follows:
(a) The following table reflects the
			 RPS Class II Renewable Generation Minimum Standards in effect from 2009 through
			 2021:
Compliance
							 Year
RPS Class II Renewable
							 Generation Minimum Standard
2009
3.60%
2010
3.60%
2011
3.60%
2012
3.60%
2013
1.50%
2014
1.75%
2015
2.00%
2016
2.5319%
2017
2.5909%
2018
2.6155%
2019
2.6883%
2020
3.2056%
2021
3.5634%
(b) For
			 each Compliance Year after 2021, the Department shall announce the RPS Class II
			 Renewable Generation Minimum Standard no later than August
			 31st two years prior to the Compliance Year. The RPS
			 Class II Renewable Generation Minimum Standard shall be determined by the
			 following formula:
The RPS Class II Renewable Generation Minimum Standard for each
				Compliance Year (CY) shall be equal to the RPS Class II Renewable Generation
				Minimum Standard for the prior Compliance Year (CY-1), plus the number of RPS
				Class II Renewable Generation Attributes settled for compliance in Compliance
				Year three years prior (CY-3), divided by the total MWh of electrical energy
				sales by Retail Electricity Suppliers to End-use Customers in Compliance Year
				three years prior (CY-3), minus the number of RPS Class II Renewable Generation
				Attributes settled for compliance in Compliance Year four years prior (CY-4)
				divided by the total MWh of electrical energy sales by Retail Electricity
				Suppliers to End-use Customers in Compliance Year four years prior (CY-4). For
				the purpose of these calculations, the total MWh of electrical energy sales by
				Retail Electricity Suppliers to End-use Customers shall be determined in the
				manner specified in
				225
				CMR 15.09(2)(a), and
				Attributes settled for compliance in a given Compliance Year shall be
				represented by the total of all RPS Class II qualified GIS Certificates that
				are determined by the Department to qualify for RPS Class II Renewable Energy
				compliance in the Compliance Year in which the energy that they signify was
				generated.
(c)
			 Notwithstanding the calculation in
			 225
			 CMR 15.07(1)(b), the RPS
			 Class II Renewable Generation Minimum Standard shall not exceed 3.6% of the
			 Total Electrical Energy Sales to End-use Customers, as provided in
			 225
			 CMR 15.09(2)(a).
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.10 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
Certification
. Any person required by
			 225 CMR
			 15.00 to submit documentation to the Department shall
			 provide:
(a) the person's name, title and
			 business address;
(b) the person's
			 authority to certify and submit the documentation to the Department; and
(c)  the following certification:
			 "I hereby certify, under the pains and penalties of perjury, that I have
			 personally examined and am familiar with the information submitted herein and
			 based upon my inquiry of those individuals immediately responsible for
			 obtaining the information, I believe that the information is true, accurate,
			 and complete. I am aware that there are significant penalties, both civil and
			 criminal, for submitting false information, including possible fines and
			 imprisonment."
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.11 - Inspection

Current through Register 1525, July 5, 2024
(1)
Document
			 Inspection
. The Department may audit the accuracy of all
			 information submitted pursuant to
			 225 CMR
			 15.00. The Department may request and obtain from any
			 Owner or Operator of an RPS Class II Renewable Generation Unit, Waste Energy
			 Generation Unit, supplier of Eligible Biomass Fuel, and any Retail Electricity
			 Supplier information that the Department determines necessary to monitor
			 compliance with and enforcement of
			 225 CMR
			 15.00.
(2)
Audit and Site Inspection
. Upon reasonable notice to a
			 Retail Electricity Supplier, supplier of Eligible Biomass Fuel, Waste Energy
			 Generation Unit Owner or Operator, or RPS Class II Renewable Generation Unit
			 Owner or Operator, the Department may conduct audits, which may include
			 inspection and copying of records and/or site visits to an RPS Class II
			 Renewable Generation Unit, Waste Energy Generation Unit, supplier of Eligible
			 Biomass fuel, or a Retail Electricity Supplier's facilities including, but not
			 limited to, all files and documents that the Department determines are related
			 to compliance with
			 225 CMR
			 15.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 15.00 - Renewable Energy Portfolio Standard - Class II › Section 15.13 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				225 CMR
				15.00 is declared invalid, such invalidity shall not
				affect other provisions or applications that can be given effect without the
				invalid provision or application.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				225 CMR 16.00 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 alternative energy generating sources, which
				include Combined Heat and Power; Flywheels; Efficient Steam Technology;
				facilities generating Useful Thermal Energy using sunlight, biomass, biogas,
				liquid biofuel, or waste-to-energy; Fuel Cell Generation Units; or any other
				alternative energy technology approved by the department under an
				administrative proceeding conducted under M.G.L. c. 30A.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.04 - Applicability

Current through Register 1525, July 5, 2024
225 CMR 16.00 applies to
				Retail Electricity Suppliers and to the Owners or Operators of APS Alternative
				Generation Units.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.06 - Statement of Qualification Process for APS Alternative 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
			 Aggregation. 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.
			 Applications for APS Renewable Thermal Generation Units shall be submitted
			 through the online registration platform of the MassCEC.
(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
			 16.07(1).
(b) The Department may, in its sole
			 discretion, provide an opportunity for public comment on any Statement of
			 Qualification Application.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.07 - Alternative Energy Portfolio Standard

Current through Register 1525, July 5, 2024
(1)
APS Minimum Standard
. The total annual sales of each
			 Retail Electricity Product sold to Massachusetts End-use Customers by a Retail
			 Electricity Supplier, under contracts executed or extended on or after January
			 1, 2009, shall include a minimum percentage of electrical energy sales with APS
			 Alternative Generation Attributes, as specified in 225 CMR 16.07:
Table
.
MASSACHUSETTS ALTERNATIVE ENERGY PORTFOLIO
				STANDARD
MINIMUM PERCENTAGES OF ANNUAL ELECTRICAL ENERGY SALES
				WITH APS ALTERNATIVE GENERATION ATTRIBUTES
Compliance Year
Cumulative Minimum Percentage
2009
1.00
2010
1.50
2011
2.00
2012
2.50
2013
3.00
2014
3.50
2015
3.75
2016
4.00
2017
4.25
2018
4.50
2019
4.75
2020
5.00
(2)
Post-2020 Minimum Standard
. After 2020, the Minimum
			 Standard shall increase by 0.25% per Compliance Year.
(3)
2020 APS Minimum Standard
			 Review
. Not later than December 31, 2020, the Department shall
			 complete a review of
			 225 CMR 16.00, which shall
			 include a public comment period. The review will include, but not be limited
			 to, an examination of the costs and benefits of the program to ratepayers, an
			 examination of the effectiveness of the program in meeting the energy and
			 environmental goals of the Commonwealth, and an evaluation of whether the
			 Minimum Standard or its rate of increase, as established in 225 CMR 16.07(2),
			 should be adjusted. This requirement shall not preclude the Department from
			 otherwise reviewing or amending
			 225 CMR 16.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.08 - Compliance Procedures for Retail Electricity Suppliers

Current through Register 1525, July 5, 2024
(1)
Standard
			 Compliance
. Each Retail Electricity Supplier shall be deemed to be
			 in compliance with
			 225 CMR 16.00 if the
			 information provided in the Compliance Filing submitted pursuant to
			 225 CMR
			 16.09 is true and accurate and demonstrates
			 compliance with
			 225 CMR
			 16.07. A Retail Electricity Supplier shall
			 demonstrate to the satisfaction of the Department that APS Alternative
			 Generation Attributes used for compliance have not otherwise been, nor will be,
			 sold, retired, claimed, used or represented as part of electrical energy output
			 or sales, or used to satisfy obligations in jurisdictions other than
			 Massachusetts.
(2)
Banked Compliance
. A Retail Electricity Supplier may
			 use APS Alternative Generation Attributes produced in one Compliance Year for
			 compliance in either or both of the two subsequent Compliance Years, subject to
			 the limitations in 225 CMR 16.08(2) and provided that the Retail Electricity
			 Supplier is in compliance with
			 225 CMR 16.00 for all
			 previous Compliance Years. In addition, the Retail Electricity Supplier shall
			 demonstrate to the satisfaction of the Department that such Attributes:
(a) were in excess of the APS Alternative
			 Generation Attributes needed for compliance in the Compliance Year in which
			 they were generated, and that such excess Attributes have not previously been
			 used for compliance with
			 225 CMR 16.00;
(b) do not exceed 30% of the APS Alternative
			 Generation Attributes needed by the Retail Electricity Supplier for compliance
			 with the APS Minimum Standard in the year they were generated, subject to
			 225 CMR
			 16.09(2)(d);
(c) were produced during the Compliance Year
			 in which they are claimed as excess by the generation of electrical energy sold
			 to End-use Customers in the ISO-NE Control Area, by the generation of
			 electrical energy on End-use Customers' sides of retail meters in the ISO-NE
			 Control Area, or by the generation of electrical energy from Off-grid
			 Generation Units in Massachusetts; and
(d) have not otherwise been, nor will be,
			 sold, retired, claimed or represented as part of electrical energy output or
			 sales, or used to satisfy obligations in jurisdictions other than
			 Massachusetts.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.10 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
Certification
. Any person required by
			 225 CMR 16.00 to submit
			 documentation to the Department shall provide:
(a) the person's name, title and business
			 address;
(b) the person's authority
			 to certify and submit the documentation to the Department; and
(c) the following certification: "I hereby
			 certify, under the pains and penalties of perjury, that I have personally
			 examined and am familiar with the information submitted herein and based upon
			 my inquiry of those individuals immediately responsible for obtaining the
			 information, I believe that the information is true, accurate, and complete. I
			 am aware that there are significant penalties, both civil and criminal, for
			 submitting false information, including possible fines and
			 imprisonment."
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.11 - Inspection

Current through Register 1525, July 5, 2024
(1)
Document
			 Inspection
. The Department may audit the accuracy of all
			 information submitted pursuant to
			 225 CMR 16.00. The Department
			 may request and obtain from any Owner or Operator of an APS Alternative
			 Generation Unit, supplier of Eligible Biomass Fuel, and any Retail Electricity
			 Supplier information that the Department determines necessary to monitor
			 compliance with and enforcement of
			 225 CMR 16.00.
(2)
Audit and Site
			 Inspection
. The Department may implement an audit and inspection
			 program to assess compliance with
			 225 CMR 16.00. Upon
			 reasonable notice to a Retail Electricity Supplier, supplier of Eligible
			 Biomass Fuel, or APS Alternative Generation Unit Owner or Operator, the
			 Department may inspect and copy any records and/or conduct site visits to an
			 APS Alternative Generation Unit, supplier of Eligible Biomass Fuel or a Retail
			 Electricity Supplier's facilities including, but not limited to, all files and
			 documents that the Department determines are related to compliance with
			 225 CMR 16.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.12 - Non-compliance

Current through Register 1525, July 5, 2024
Any Retail Electricity Supplier or Owner or Operator of an APS
				Alternative Generation Unit that fails to comply with the requirements of
				225 CMR 16.00 shall be
				subject to the following provisions:
(1)
Notice of
			 Non-compliance
. A failure to comply with the requirements of
			 225 CMR 16.00 shall be
			 determined by the Department. A written Notice of Non-compliance shall be
			 prepared and delivered by the Department to any Retail Electricity Supplier or
			 Owner or Operator of an APS Alternative Generation Unit that fails to comply
			 with the requirements of
			 225 CMR 16.00. The Notice of
			 Non-compliance shall describe the Requirement(s) with which the Retail
			 Electricity Supplier, Owner, or Operator failed to comply and the time period
			 of such non-compliance.
(2)
Publication of Notice of Non-compliance
. A Notice of
			 Non-compliance may be published on the Department's website at
www.mass.gov/orgs/massachusetts-department-of-energy-resources
and in any other media deemed appropriate by the Department. Such publication
			 may remain posted until the Retail Electricity Supplier or Owner or Operator
			 returns to compliance as determined by the Department.
(3)
Planning
			 Requirement
. A Retail Electricity Supplier that fails to meet the
			 requirements of
			 225 CMR
			 16.07 during a Compliance Year shall submit a
			 plan for achieving compliance for the subsequent three years. The plan shall be
			 filed with the Department no later than the first day of September of the
			 Compliance Year subsequent to the Compliance Year for which the Retail
			 Electricity Supplier was out of compliance or such date as the Department may
			 specify.
(4)
Suspension
			 or Revocation of License
. The Department shall refer its findings
			 of non-compliance to the Massachusetts Department of Public Utilities. A Retail
			 Electricity Supplier that fails to comply with
			 225 CMR 16.00 may be subject
			 to the Massachusetts Department of Public Utilities Licensure Action under
			 220 CMR
			 11.07(4)(c)1.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 16.00 - Alternative Energy Portfolio Standard (APS) › Section 16.13 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				225 CMR 16.00 is declared
				invalid, such invalidity shall not affect other provisions or applications that
				can be given effect without the invalid provision or
				application.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.01 - Application

Current through Register 1525, July 5, 2024
225 CMR 19.00 shall apply to
				the procurement of Energy Management Services using a Request for
				Qualifications, which may include On-site Energy Generation by a Local
				Governmental Body. Any dispute as to inclusion or exclusion within the
				provisions of
				225 CMR 19.00 shall be
				determined by DOER.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.03 - Request for Qualifications

Current through Register 1525, July 5, 2024
(1)
RFQ
			 Terms
. A Local Governmental Body shall solicit competitive sealed
			 statements of qualifications through an RFQ. Except for those soliciting only
			 On-site Energy Generation, requirements set forth in 225 CMR 19.03(2), every
			 RFQ shall, at a minimum, include the following:
(a) A general description of those buildings
			 to be addressed by the RFQ, 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 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 two years.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.04 - Investment Grade Audit Agreement

Current through Register 1525, July 5, 2024
Prior to negotiating a contract for EMS with the most qualified
				person under
				225 CMR
				19.05(1), the Local
				Governmental Body shall enter into an Investment Grade Audit contract for
				design and engineering services with said qualified person. A Local
				Governmental Body shall only negotiate a contract for EMS after completing an
				IGA. The IGA agreement shall include the following requirements:
(a) Price data on each proposed Energy
			 Conservation Measure and Energy Conservation Project that includes a breakdown
			 of each Energy Conservation Measure and Energy Conservation Project cost
			 structure, mark-ups, overhead, and profit;
(b) Estimated Guarantee of Savings or Energy
			 Savings based on the specified savings calculation methodology prescribed by
			 the most recent standards established by the Federal Energy Management Program
			 (FEMP) Guide for Measurement and Verification; and
(c) The minimum payment terms including, but
			 not limited to, all payments to the Contractor; any related Energy Savings;
			 revenues such as utility sponsored rebates; tax incentives or other incentives;
			 and payments to the Local Governmental Body.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.06 - Contract Terms

Current through Register 1525, July 5, 2024
The EMS contract shall conform to the terms included in the
				RFQ, utilize the terms and conditions set forth in Guidelines established by
				DOER, and conform 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 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.07 - Contract Amendments

Current through Register 1525, July 5, 2024
An EMS contract may be amended if it does not exceed the scope
				of the RFQ, and does not violate the requirements established in M.G.L. c. 25A,
				§ 11I,
				225 CMR 19.00, 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 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.08 - Monitoring and Reporting Requirements

Current through Register 1525, July 5, 2024
For the duration of the EMS contract term, the Local
				Governmental Body shall annually file the EMS Annual Report with DOER utilizing
				the established Guidelines and ending with a final report no later than 90 days
				after the contract termination date.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.09 - Enforcement; Complaint Processing Procedures; and Disputes

Current through Register 1525, July 5, 2024
(1)
Document
			 Inspection
. DOER may audit the accuracy of all information
			 submitted under
			 225 CMR 19.00. 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 19.00.
(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 19.00.
(3) DOER shall investigate any complaints of
			 non-compliance with M.G.L. c. 25A, § 11I and
			 225 CMR 19.00 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, §11I and
			 225 CMR 19.00.
(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 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.10 - 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 19.00 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 19.00 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 19.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 19.00 - ENERGY MANAGEMENT SERVICES (EMS) CONTRACTS REQUESTS FOR QUALIFICATIONS PROCESS › Section 19.11 - Severability

Current through Register 1525, July 5, 2024
If any section of
				225 CMR 19.00 is declared or
				found to be illegal, unenforceable or void, Local Governmental Bodies shall be
				relieved of all obligations under that section only, and all other sections
				shall remain in full force and effect.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program › Section 20.01 - Purpose and Application

Current through Register 1525, July 5, 2024
The purpose of
				225 CMR 20.00 is to establish
				a statewide solar incentive program to encourage the continued use and
				development of generating units that use solar photovoltaic technology by
				residential, commercial, governmental and industrial electricity customers
				throughout the Commonwealth. The continued use and development of these
				generating units has the potential to reduce peak demand, system losses, the
				need for investment in new infrastructure, and distribution congestion;
				increase grid reliability; improve public health and safety; and diversify the
				Commonwealth's energy supply. Further, it will also contribute to the
				Commonwealth's environmental protection goals concerning air emissions
				including, but not limited to, those required by the Global Warming Solutions
				Act, M.G.L. c. 21N, §§ 1 through 9, by displacing nonrenewable
				generating resources. Owners of generating units that choose to participate in
				the statewide solar incentive program pursuant to
				225 CMR 20.00 do so on a
				voluntary basis, but must comply with the terms and requirements of
				225 CMR 20.00. Nothing in
				225 CMR 20.00 should be read
				as requiring Owners of generating units to participate in this statewide solar
				incentive program.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program › Section 20.08 - Calculation of Incentive Payments for Solar Tariff Generation Units

Current through Register 1525, July 5, 2024
(1)
Calculation of Incentive
			 Payments for Standalone Solar Tariff Generation Units
. Any
			 payments provided to the Owner of a Standalone Solar Tariff Generation Unit,
			 which meets the criteria of 225 CMR 20.08(1)(a) or (b), will be equal to total
			 of the Solar Tariff Generation Unit's Base Compensation Rate plus any
			 Compensation Rate Adders minus any Greenfield Subtractor, multiplied by the
			 total kWh generated by the Solar Tariff Generation Unit in the Distribution
			 Company billing period, minus the value of the energy generated by the Solar
			 Tariff Generation Unit in a Distribution Company billing period.
Standalone Solar Incentive Payment
= (Base Compensation Rate + Compensation Rate Adders
- Greenfield Subtractor) * total kWh generated
- value of energy generated
(a)
Value of Energy Generated for
			 Standalone Solar Tariff Generation Units Receiving Bill Credits
.
			 The methodology for calculating the value of the energy generated by a
			 Standalone Solar Tariff Generation Unit that receives a bill credit is
			 dependent on whether it is qualified as a Net Metered Generation Unit or as an
			 Alternative On-bill Credit Generation Unit and will be determined as follows:
1.
Net Metered Generation
			 Unit
. The value of energy for a Net Metered Generation Unit shall
			 be equal to the total kWh generated during a utility billing period multiplied
			 by the Solar Tariff Generation Unit's applicable net metering credit, as
			 established in M.G.L. c. 164, § 138.
Net Metered Generation Unit Energy Value
= total kWh Generated * net metering credit
				rate
2.
Alternative On-bill Credit Generation Unit
. The value
			 of energy for an Alternative On-bill Credit Generation Unit shall be equal to
			 the total kWh generated during a utility billing period multiplied by the Solar
			 Tariff Generation Unit's applicable credit value under its applicable tariff
			 structure.
Alternative On-bill Credit Generation Unit energy value = total
				kWh generated * energy compensation rate
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program › Section 20.09 - Solar Program Administrator

Current through Register 1525, July 5, 2024
The Department shall determine if it is necessary for the
				Distribution Companies to issue a request for proposals to procure an
				independent Solar Program Administrator that will be responsible for providing
				some or all of the following services by no later than July 5, 2017:
(1) receiving Statement of Qualification
			 Applications;
(2) coordinating with
			 the Department and the Distribution Companies to issue Statements of
			 Qualification to Solar Tariff Generation Units;
(3) coordinating, receiving, and reviewing
			 the requests for proposals under
			 225 CMR
			 20.07(3)(a);
(4) acting as the Independent Verifier for
			 all Non-NEPOOL Market Assets, pursuant to
			 225
			 CMR 20.05(6)(c);
			 and
(5) any other duties prescribed
			 in a request for proposals.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program › Section 20.10 - Inspection

Current through Register 1525, July 5, 2024
(1)
Document
			 Inspection
. The Department may audit the accuracy of all
			 information submitted pursuant to
			 225 CMR 20.00. The Department
			 may request and obtain from any Owner or Authorized Agent of a Solar Tariff
			 Generation Unit, and from any Distribution Company information that the
			 Department determines necessary to monitor compliance with and enforcement of
			 225 CMR 20.00.
(2)
Audit and Site
			 Inspection
. Upon reasonable notice to a Solar Tariff Generation
			 Unit Owner, or Authorized Agent, the Department may conduct audits, which may
			 include inspection and copying of records and/or site visits to a Solar Tariff
			 Generation Unit's facilities including, but not limited to, all files and
			 documents that the Department determines are related to compliance with
			 225 CMR 20.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program › Section 20.11 - Noncompliance

Current through Register 1525, July 5, 2024
Any Distribution Company, Owner, or Authorized Agent of a Solar
				Tariff Generation Unit that fails to comply with the requirements of
				225 CMR 20.00 and
				accompanying Guidelines shall be subject to the provisions in 225 CMR 20.11(1)
				through (3).
(1)
Notice of
			 Noncompliance
. A failure to substantially comply with the
			 requirements of
			 225 CMR 20.00 and
			 accompanying Guidelines shall be determined by the Department on a case by case
			 basis. A written Notice of Noncompliance shall be prepared and delivered by the
			 Department to any Distribution Company, Owner, or Authorized Agent of a Solar
			 Tariff Generation Unit that fails to comply with the requirements of
			 225 CMR 20.00, and to the
			 DPU, as applicable. The Notice of Noncompliance shall describe the
			 requirement(s) with which the Distribution Company, Owner, or Authorized Agent
			 failed to comply and the time period of such noncompliance.
(2)
Publication of Notice of
			 Non-compliance
. A Notice of Noncompliance may be published on the
			 Department's website and in any other media deemed appropriate by the
			 Department. Such publication may remain posted until the Distribution Company,
			 Owner, or Authorized Agent returns to compliance as determined by the
			 Department.
(3)
Suspension or Revocation of Statement of
			 Qualification
. The Department may suspend or revoke a Statement of
			 Qualification if the Owner of a Solar Tariff Generation Unit or Authorized
			 Agent of the Owner fails to comply with any provisions in
			 225 CMR 20.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 20.00 - Solar Massachusetts Renewable Target (SMART) Program › Section 20.12 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				225 CMR 20.00 is declared
				invalid, such invalidity shall not affect other provisions or applications that
				can be given effect without the invalid provision or
				application.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 21.00 - Clean Peak Energy Portfolio Standard (CPS) › Section 21.01 - Purpose and Application

Current through Register 1525, July 5, 2024
The purpose of 225 CMR 21.00 is to establish a Clean Peak
				Energy Portfolio Standard to increase clean energy during the periods when Net
				Demand of electricity is the highest. Clean Peak Resources contribute to the
				Commonwealth's environmental protection goals concerning air emissions
				including, but not limited to, those required by the Global Warming Solutions
				Act, M.G.L. c. 21N, §§ 1-9, by displacing nonrenewable generating
				resources during Seasonal Peak Periods, while also having added benefits of
				reducing peak demand and system losses and increasing grid reliability. Clean
				Peak Resources that participate in the CPS program pursuant to 225 CMR 21.00 do
				so on a voluntary basis, but must comply with the terms and requirements of 225
				CMR 21.00.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 21.00 - Clean Peak Energy Portfolio Standard (CPS) › Section 21.06 - Qualification Process for Clean Peak Resources

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 Clean Peak Resource
			 or by the Authorized Agent for an Aggregation. 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 21.06(1).
(b) The Department may, in its sole
			 discretion, provide an opportunity for public comment on any Statement of
			 Qualification Application.
Code of Massachusetts Regulations › 225 CMR - DEPARTMENT OF ENERGY RESOURCES › Title 225 CMR 21.00 - Clean Peak Energy Portfolio Standard (CPS) › Section 21.07 - Clean Peak Standard

Current through Register 1525, July 5, 2024
(1) CPS Minimum
			 Standard. The total annual sales of each Retail Electricity Product sold to
			 Massachusetts End-use Customers by a Retail Electricity Supplier, under
			 contracts executed or extended on or after January 1, 2020, shall include a
			 minimum percentage of electrical energy sales with Clean Peak Certificates.
(a) The CPS Minimum Standard shall increase
			 by 1.5% each year, subject to the conditions described in 225 CMR 21.07(1)(b).
Compliance Year
Cumulative Minimum Percentage
2019
0%
2020
1.5%
2021
3%
2022
4.5%
2023
6%
2024
7.5%
2025
9%
2026
10.5%
2027
12%
2028
13.5%
2029
15%
2030
16.5%
2031
18%
2032
19.5%
2033
21%
2034
22.5%
2035
24%
2036
25.5%
2037
27%
2038
28.5%
2039
30%
2040
31.5%
2041
33%
2042
34.5%
2043
36%
2044
37.5%
2045
39%
2046
40.5%
2047
42%
2048
43.5%
2049
45%
2050
46.5%
(b) If
			 the Market Supply is greater than 100% in any Compliance Year before 2030, the
			 CPS Minimum Standard shall increase by 3% the following Compliance Year. If the
			 Market Supply is greater than 120% in any Compliance Year before 2030, the CPS
			 Minimum Standard shall increase by 4.5% the following Compliance Year. If the
			 Department determines that a CPS Minimum Standard adjustment is necessary, the
			 Department shall provide public notice.