COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF
ENERGY AND ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENERGY RESOURCES
100 CAMBRIDGE ST., SUITE 1020
BOSTON, MA 02114
Telephone: 617-626-7300
Facsimile: 617-727-0030
Charles D. Baker Kathleen A. Theoharides
Governor Secretary
Karyn E. Polito Patrick C. Woodcock
Lt. Governor Commissioner
VIA EMAIL AND HAND DELIVERY
December 4, 2020
To: Clerk of the House of Representatives
CC: Chairs of the Joint Committee on Telecommunications, Utilities, and Energy
RE: Submission of amended Renewable Energy Portfolio Standard – Class I & II –225 CMR
14.00 and 225 CMR 15.00 to General Court
Dear Clerk:
Pursuant to M.G.L. Chapter 25A Section 12, please find enclosed:
 225 CMR 14.00 and 15.00 – Renewable Energy Portfolio Standard Regulations (as
amended)
 Summary of the amended Regulations in layman's terms
In the development of amendments to 225 CMR 14.00 and 225 CMR 15.00, the pertinent
provisions of Chapter 30A, except section five, have been complied with.
In addition to the requirements of Section 12, the Department of Energy Resources has made
additional information, including a response to public comments received, available to the public
regarding these amendments. That information is accessible through the Department’s website:
https://www.mass.gov/service-details/rps-class-i-ii-rulemaking
Please direct questions and comments on this regulation to:
Johannes Buchanan
Legislative Director
857-268-0011
Johannes.K.Buchanan@mass.gov
Sincerely,
s/Patrick C. Woodcock
Patrick C. Woodcock
Commissioner
 Summary Renewable Energy Portfolio Standards – Class I & II –225 CMR 14.00 and 225
CMR 15.00
The Class I Renewable Energy Portfolio Standard (“RPS Class I”) was established as part of the
Electricity Restructuring Act of 1997 and is codified at M.G.L. c. 25A, § 11F (“Statute”). The
Department of Energy Resources (“DOER”) first promulgated 225 CMR 14.00: Renewable Energy
Portfolio Standard – Class I (“Regulations”) in 2002 to implement the Statute.
The Class II Renewable Energy Portfolio Standard (“RPS Class II”) was established as part of the
Green Communities Act of 2008 and is also codified at M.G.L. c. 25A, § 11F. DOER first
promulgated 225 CMR 15.00: Renewable Energy Portfolio Standard – Class II in 2009 to
implement the Statute.
Both the RPS Class I and Class II allow for qualified renewable energy generators to earn Renewable
Energy Certificates (RECs) for every megawatt hour of renewable electricity that they produce.
These certificates may then be purchased by retail electricity suppliers, who are required to document
annually that they have procured a certain quantity of RECs each year. These resources contribute to
the Commonwealth's clean energy goals by increasing renewable energy generation, reducing the
need for conventional fossil fuel-based power generation, and assisting the Commonwealth in
meeting its obligations under the Global Warming Solutions Act.
In 2019, retail electricity suppliers were obligated to procure Class I RECs equal to an amount of
14% of their total electricity sales to end-use customers. This requirement increases by 2% each
following year until 2029, when it will then increase 1% each following year. Under RPS Class II,
retail electricity suppliers are required to procure Class II RECs equal to an amount of 3.2056% of
their total electricity sales to end-use customers in 2020. This requirement increases each year
pursuant to a formula in the regulation, though is capped at 3.6%. Lastly, retail electricity suppliers
are also required to procure Class II Waste Energy Certificates (WECs) from qualified waste energy
generators. The 2020 retail electricity supplier requirement for Class II WECs is currently equal to an
amount of 3.5% of their total electricity sales to end-use customers, but DOER is proposing to
increase this requirement to 3.7% to reflect changes in retail load since the requirement was first
established in 2009. This obligation remains constant from year to year.
The proposed changes to the RPS Class I and Class II Regulations are designed to meet the
objectives of Executive Order 562. The changes streamline the RPS Class I and Class II
Regulations, align the rules to other programs, reduce costs to ratepayers, and address specific
policy objectives.
The draft RPS Class I and Class II Regulations were released for public comment April 5, 2019.
Public comment period was extended to allow more time for comments to be submitted and
subsequently closed on July 26, 2019. During that time, DOER held four public hearings on May
13, May 16, May 17, and June 5, 2019. DOER received over 2,500 written public comments. On
November 13, 2019, DOER sent a notice to stakeholders to seek comments on the frequency of
compliance requirements and closed the public comment period on the matter on December 4,
2019. DOER received seven (7) written public comments.
Following a review of the public comments, DOER undertook additional analysis to assesses the
impacts of the proposed regulations. The DOER revised the draft RPS Class I and Class II
Regulations and associated guidelines after review of the public comments and the
additional analysis.
The draft RPS Class I Regulations include previously proposed provisions such as capping future
Alternative Compliance Payment rates, ensuring that retail electricity suppliers cannot avoid
discharging obligations in the event of non-compliance, modifying and simplifying provisions
related to biomass generation, eliminating capacity commitment obligation requirements that are
applicable to certain types of generators, eliminating certain requirements for generators outside
of ISO-NE, and reducing the number of Solar Renewable Energy Certificates (SREC) that can be
generated after 2020. Following the review of the public comments and the additional analysis,
DOER made additional minor modifications to the biomass provisions, including clarifying
feedstock eligibility, increasing the overall efficiency requirement for biomass Generation Units,
reducing the time period to achieve a reduction in lifecycle greenhouse gas emissions and
explicitly prohibiting generation of certificates if lifecycle greenhouse gas emission reductions
are not achieved. DOER also amended the draft regulations to incorporate a phased reduction in
the the ACP to align with Connecticut RPS Class I ACP, continue to require recertification with
LIHI for hydroelectric facilities, and allow DOER to modify a SREC factor.
The draft RPS Class II Regulations include previously proposed provisions such as adjusting the
RPS Class II Waste Energy minimum standard, increasing the ACP for RPS Class II Waste
Energy, and aligning with proposed changes in RPS Class I regulations. Following the review of
the public comments and the additional analysis, DOER has aligned the RPS Class II Regulations
with changes made in RPS Class I Regulations, and has adjusted the starting year for Waste
Energy minimum standard and ACP to 2021.
 HOUSE . . . . . . . . . . . . . . . No. 5169
Communication from the Division of Energy Resources of the Executive Office of Energy and
Environmental Affairs (under the provisions of section 12 of Chapter 25A of the General Laws) submitting
amendments to 225 CMR 14.00 and 225 CMR 15.00, Renewable Energy Portfolio Standard – Class I & II.
Telecommunications, Utilities and Energy.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________
1 225 CMR: DEPARTMENT OF ENERGY RESOURCES 225 CMR 14.00: RENEWABLE
2 ENERGY PORTFOLIO STANDARD - CLASS I
3 Section
4
5 14.01 : Authority
6 14.02 : Definitions
7 14.03 : Administration
8 14.04 : Applicability
9 14.05 : Eligibility Criteria for RPS Class I, Solar Carve-out Renewable Generation Units,
10 and Solar Carve-out II Renewable Generation Units
11 14.06 : Qualification Process for RPS Class I, Solar Carve-out Renewable Generation Units,
12 and Solar Carve-out II Renewable Generation Units
13 14.07 : Renewable Energy Portfolio Standard - Class I
14 14.08 : Compliance Procedures for Retail Electricity Suppliers
15 14.09: Annual Compliance Filings for Retail Electricity Suppliers
16 14.10: Reporting Requirements
17 14.11 : Inspection
18 14.12 : Non-compliance
19 14.13 : Severability
20
21 14.01 : Authority
22
23 225 CMR 14.00 is promulgated pursuant to M.G.L. c. 25A, § 11F.
24
25 14.02 : Definitions
26
27 Aggregation. A group of one or more Generation Units that receives a single Statement
28 of Qualification from the Department under criteria and procedures set forth in 225
29 CMR 14.05(6).
30
31 Alternative Compliance Credit. A credit obtained by a Retail Electricity Supplier upon
32 making an Alternative Compliance Payment. Such credit is used to document
33 compliance with 225 CMR 14.07. One unit of credit shall be equivalent to one RPS
34 Class I Renewable Generation Attribute, Solar Carve-out Renewable Generation
35 Attribute, or Solar Carve-out II Renewable Generation Attribute.
36
37 Alternative Compliance Payment (ACP). A payment of a certain dollar amount per
38 MWh, resulting in the issuance of Alternative Compliance Credits, which a Retail
39 Electricity Supplier may submit to the Department in lieu of providing RPS Class I
40 Renewable Generation Attributes, Solar Carve-out Renewable Generation Attributes,
41 or Solar Carve-out II Renewable Generation Attributes required under 225 CMR
42 14.07.
43
44 Assurance of Qualification. A communication issued by the Department to Solar
45 Carve-out II Renewable Generation Units that provides Solar Carve-out II Renewable
46 Generation Units with an assurance of qualification prior to being granted the approval
47 to interconnect by their local Distribution Company, and sets deadlines for receiving
48 the approval to interconnect to the grid in order to maintain this Assurance of
49 Qualification.
50
51 Authorized Agent. A person or entity that serves under an agreement entered into by
52 each of the Owners or Operators of Generation Units within an Aggregation for all
53 dealings with the Department and with the NEPOOL GIS.
54
55 Biomass Fuel Certificate. A certificate issued in accordance with rules established by
56 the Department in the Guideline on Eligible Biomass Fuel for Renewable Generation
57 Units that:
58 (a) quantifies the supply of Eligible Biomass Woody Fuel or Manufactured
59 Biomass Fuel;
60 (b) specifies the source of the Eligible Biomass Woody Fuel or Manufactured
61 Biomass Fuel; and
62 (c) specifies the eligibility of the Eligible Biomass Woody Fuel or Manufactured
63 Biomass Fuel as Forest Derived Residues, Forest Derived Thinnings, Forest
64 Salvage, or Non-forest Derived Residues.
65
66 Blended Fuel. A liquid or gaseous fuel that is blended from both Eligible RPS Class I
67 Renewable Fuel(s) and ineligible fuel(s), a portion of whose electrical energy output
68 may qualify as RPS Class I Renewable Generation under criteria set forth in 225 CMR
69 14.05(3).
70
71 Brownfield. A disposal site that has received a release tracking number from
72 MassDEP pursuant to 310 CMR 40.0000: Massachusetts Contingency Plan, the
73 redevelopment or reuse of which is hindered by the presence of oil or hazardous
74 materials, as determined by the Department, in consultation with MassDEP. For the
75 purposes of this definition, the terms "disposal site," "release tracking number," "oil,"
76 and "hazardous materials" shall have the meanings giving to such terms in 310 CMR
77 40.0006: Terminology, Definitions and Acronyms. No disposal site that otherwise
78 meets the requirements of 225 CMR 14.02: Brownfield shall be excluded from
79 consideration as a Brownfield because its cleanup is also regulated by the
80 Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
81 §§ 9601-9675, the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6921 -
 82 6939g, or any other federal program.
83
84 Building Mounted Solar Generation Unit. A solar photovoltaic Generation Unit with
85 at least 75% of the nameplate capacity of the solar modules used for generating power
86 installed on a building.
87
88 Business Day. A business day shall mean Monday through Friday, exclusive of state
89 and federal legal holidays.
90
91 Certificates Obligation. A term defined in the NEPOOL GIS Operating Rules at Rule
92 4.1(b).
93 Clean Wood. Means Clean Wood as defined in 310 CMR 19.006: Definitions.
94
95 Commercial Operation Date. The date that a Generation Unit first produces electrical
96 energy for sale within the ISO-NE Control Area or within an adjacent Control Area.
97 In the case of a Generation Unit that has been moved from a location within the ISO-
98 NE Control Area or within an adjacent Control Area to another location in one of those
99 Control Areas, the date that such Generation Unit first produced electrical energy for
100 sale at its earliest location in those Control Areas. In the case of a Generation Unit that
101 is connected to the End-use Customer's side of the electric meter, the date on which
102 the local Distribution Company grants approval for the Generation Unit to
103 interconnect with the grid. In the case of a Generation Unit that produces Off-grid
104 Generation, the date that such Generation Unit first produces electrical energy. In the
105 case of a Generation Unit that meets the eligibility requirements of 225 CMR 14.05
106 and co-fires an Eligible RPS Class I Renewable Fuel, the date when the Generation
107 Unit first co-fires such Eligible RPS Class I Renewable Fuel.
108
109 Community Shared Solar Generation Unit. A solar photovoltaic Generation Unit that
110 provides net metering credits to three or more utility accounts, whose participants have
111 an interest in the production of the Generation Unit or the entity that owns the
112 Generation Unit, in the form of formal ownership, a lease agreement, or a net metering
113 contract. No more than two participants may receive net metering credits in excess of
114 those produced annually by 25 kW of nameplate DC capacity, and the combined share
115 of said participants' capacity shall not exceed 50% of the total capacity of the
116 Generation Unit.
117
118 Compliance Filing. A document filed annually by a Retail Electricity Supplier with
119 the Department documenting compliance with 225 CMR 14.07, consistent with the
120 format set forth in the Guidelines and submitted no later than the first day of July, or
121 the first Business Day thereafter, of the subsequent Compliance Year.
122
123 Compliance Year (CY). A calendar year beginning January 1st and ending December
124 31st, for which a Retail Electricity Supplier must demonstrate that it has met the
125 requirements of 225 CMR 14.07 and 14.08.
126
127 Control Area. A geographic region in which a common generation control system is
128 used to maintain scheduled interchange of electrical energy within and without the
129 region.
130
131 DCR. The Massachusetts Department of Conservation and Recreation (DCR)
132 established by M.G.L. c. 21 § 1.
133
134 Distribution Company. A distribution company as defined in M.G.L. c. 164 § 1.
135
136 Department. The Massachusetts Department of Energy Resources (DOER),
137 established by M.G.L. c. 25A.
138 Eligible Biogas Fuel. A gaseous fuel that is produced by the contemporaneous
139 bacterial decomposition or thermal gasification of Eligible Biomass Fuel. Eligible
140 Biogas Fuel does not include natural gas, but does include renewable natural gas,
141 which is Eligible Biogas Fuel upgraded to a quality similar to natural gas.
142
143 Eligible Biomass Fuel. Fuel sources consisting of the following:
144 (a) Eligible Biomass Woody Fuel;
145 (b) Manufactured Biomass Fuel;
146 (c) Eligible Biogas Fuel;
147 (d) by-products or waste from animals or agricultural crops;
148 (e) food or vegetative material;
149 (f) algae;
150 (g) organic refuse derived fuel; and
151 (h) Eligible Liquid Biofuel.
152
153 Eligible Biomass Woody Fuel. Woody fuels that are derived from the following
154 sources, consistent with the requirements of 225 CMR 14.05(8):
155 (a) Forest Derived Residues.
156 1. Tops, crooks and other portions of trees produced as a byproduct, and trees
157 collaterally damaged, during the normal course of harvesting material, such
158 as timber, pulpwood or cordwood in the implementation of a silvicultural
159 prescription as administered by a licensed or certified forester as prescribed
160 in the Department’s Guideline on Eligible Biomass Fuel for Renewable
161 Generation Units.
162 2. Trees and portions of trees harvested for the purposed of the restoration
163 and management of habitat for rare & endangered species as listed by the
164 Massachusetts Division of Fisheries and Wildlife. Qualifying harvest areas
165