Proposed Revision of the RPS Regulations and Draft Biomass Eligibility Guideline

• Introduction

• Updates

• 11/7/07 Revised Guideline on the RPS Eligibility of Biomass Generation Units

• Links to the final documents that took effect on October 19, 2007
• RPS Regulation as published and effective on October 19, 2007 (Please note that this document is unofficial and is to be used for informational purposes only. The only official version of the Regulation is the one published in the Massachusetts Register, which is available from the State Bookstore.)
• Guideline on the RPS Eligibility of Biomass Generation Units
• Links to Applicable Documents for Final Proposed Revision of the RPS Regulations (8/16/07)
• Regulations (final version)
• Regulations (red-lined final version showing changes from current Regulations)
• Summary of the Final Regulations (8/16/07)
• Links to Applicable Documents for Final Proposed Revision of the RPS Regulations (6/8/07)
• Transmittal Letter providing Revisions to the Clerk of the House of Representatives
• Regulations (final amended draft version)
• Regulations (red-lined version showing changes from current Regulations)
• Summary of the Proposed Final Regulations (6/8/07)
• Guideline on the RPS Eligibility of Biomass Generation Units
• Links to Applicable Documents for the WITHDRAWN Final Proposed Revision of the RPS Regulations (11/6/06)
• Transmittal Letter providing Revisions to the Clerk of the House of Representatives
• Regulations (final amended draft version)
• Regulations (red-lined version showing changes from current Regulations)
• Summary of the Proposed Final Regulations (11/6/06)
• Guideline on the RPS Eligibility of Biomass Generation Units
• Rulemaking Timetable

• Notice of Public Hearing and related documents
• Notice of Public Hearing on the Proposed Regulation
• Background Document on Proposed Revisions to the Regulations
• Proposed Revisions to the Regulations - red-lined version
• Proposed Revisions to the Regulations - as they would appear with revisions accepted
• Draft Guideline on the RPS Eligibility of Biomass Generation Units
• Site of the Public Hearing

• Initial Comments

• Final Comments

• Follow-up Actions

Introduction

DOER formally announced on June 2, 2006, its intention to revise the regulations for RPS. On that date, DOER sent a Notice of Public Hearing to the Secretary of State for June 16, 2006, publication in the Massachusetts Register, as well as to the Boston Herald, the Worcester Telegram & Gazette, and the Springfield Union-News for publication early the following week. A Public Hearing on the proposed revisions, as well as on the concurrently issued draft Guideline on the RPS Eligibility of Biomass Generation Units, was held in Boston on June 28. Interested persons were invited to provide oral statements at the Hearing and/or written comments according to the Timetable below.

Updates (beginning with the most recent)

• 11/7/07 Update: Today DOER replaced the Biomass Eligibility Guideline that was issued and effective on October 19, 2007, with a revised version, effective immediately. The nature of the changes is summarized in footnote four on page one of the Guideline.

• 10/19/07 Update: DOER submitted to the Secretary of the Commonwealth the same version of the final amended RPS regulation as it had provided to the Legislative Committee on August 16th. The Secretary returned a galley proof to DOER with required format and style changes, whereupon DOER made further editorial corrections and the following revisions:  (a) a revised definition for “ISO Settlement Market System” and (b) a global replacement of “NE-GIS” by “NEPOOL GIS”).  The final regulation has been published in the Massachusetts Register on October 19, 2007, on which date both the regulation and the referenced Biomass Eligibility Guideline have become effective.  The Guideline is substantively identical to the 6/7/07 version.  (All of these documents are available via links at the top of this page.)

• 8/31/07 Update: On August 16, 2007, DOER submitted to the Massachusetts Legislature's Committee on Telecommunications, Utilities and Energy the final proposed amended RPS regulation, both as a clean version and as a redline version that shows changes from the current regulation, along with a brief summary of the changes. This final regulation was submitted following a period of more than thirty days, during which the Committee, pursuant to M.G.L. c. 25A, sec. 12, could elect to conduct a hearing. The Committee did not conduct a hearing, but it did communicate with DOER. DOER consequently submitted a final regulation that contains fewer changes than earlier proposed versions. No changes were made in the previously submitted, concurrent Guidelines for biomass emissions.

• 6/29/07 Update: On June 21, 2007, the proposed final amended RPS Regulation (with associated documents) was referred to the Massachusetts Legislature's Committee on Telecommunications, Utilities and Energy. DOER does not know what procedures and timetable will be set by the Committee for its review.

• 6/11/07 Update: The proposed final amended draft Regulations, along with a transmittal letter, a Summary of the revisions, and the Guideline on the RPS Eligibility of Biomass Generation Units, were submitted to the Clerk of the Massachusetts House of Representatives on June 8, 2007. (Links to the documents are at the top of this page.) These proposed Regulations differ from the draft submitted in November 2006, especially with regard to Eligible Biomass Fuels, "advanced biomass power conversion technologies," and the co-firing waiver.

• 2/20/07 Update: The proposed final Regulations for the RPS were referred to the state legislature's Joint Committee on State Administration and Regulatory Oversight and the Joint Committee on Telecommunications, Utilities and Energy on December 11, 2006. Because the legislative session terminated on December 31, 2006, those Committees did not have the requisite 30 days time in which to review the draft regulation. DOER has determined that the draft regulation should be subjected to a further internal review by the new administration prior to re-filing with the legislature. Therefore, the draft regulation will not be re-filed with the legislature until that review is completed.

• The final amended draft Regulations, along with a transmittal letter, a Summary of the revisions, and the Guideline on the RPS Eligibility of Biomass Generation Units, were submitted to the Clerk of the House of Representatives on November 6, 2006. (Links to the documents are at the top of this page.)

• The Massachusetts Department of Environmental Protection has issued and is accepting public comments on its "Draft Best Available Control Technology (BACT) Policy for Biomass Projects." The downloadable document and information about commenting are at this link. This document pertains only to biomass projects proposed for construction within the Commonwealth of Massachusetts.

• Written comments received electronically by July 6 have been made available as PDF files via a link in the Initial Comments section below. Any comments received after that date are available via a link in the Final Comments section below.

Rulemaking Timetable (updated 8/16/07)

Notice of Public Hearing and related documents

Site of the Public Hearing

The Public Hearing was held in Boston on June 28, 2006, from 10:00 a.m. to 1:00 p.m., at 100 Cambridge Street (Saltonstall Building), 2nd floor, Conference Room B.

Initial Comments

Initial comments were to be received at DOER no later than 5 PM on Thursday, July 6, 2006. In addition to hard copy, they must have been submitted on electronic medium (by e-mail or on CD). The latter facilitated DOER's expeditious posting of the comments in PDF format on the web page attached here. Comments received are posted at that page.

Final Comments

Final comments were to be received at DOER no later than 5 PM on Tuesday, July 18, 2006. These, too must have been submitted in both hard copy and on electronic medium, and are posted on the web page attached here.

Follow-up Actions (updated 6/11/07)

DOER staff considered all of the oral and written comments and made a number of revisions that it deemed appropriate or necessary, in both the final amended draft Regulations and the Guideline on biomass eligibility. DOER also drafted a Summary and discussion of the substantive revisions.

The regulations with final proposed revisions were submitted on November 6, 2006, to the Clerk of the Massachusetts House of Representatives who referred such regulations to the Joint Legislative Committee on State Administration and Regulatory Oversight and the Joint Committee on Telecommunications, Utilities and Energy on December 11, 2006. Because the legislative session terminated on December 31, 2006, those Committees did not have the requisite 30 days time in which to review the draft regulation. DOER thereafter withdrew the filing to allow for additional internal review by the new administration. That review has been completed, and the final amended regulation was refilled with the Clerk of the House of Representatives on June 8, 2007.

The following procedure will now take place: The Clerk of the House is expected to refer the regulation to the Joint Committee on Telecommunications, Utilities and Energy and the Joint Committee on State Administration and Regulatory Oversight. Within 30 days of such referral, one or both Committees may conduct a hearing and shall issue a report to DOER which may contain comments and recommendations. After DOER takes account of the report, it shall adopt final regulations as deemed appropriate in view of that report and shall file with the chairmen of the appropriate Committee its final regulations. Not earlier than thirty days after the filing of the final regulations with the appropriate Committee, DOER shall file the final regulations with the Commonwealth Secretary. The Secretary of the Commonwealth will publish the final revised regulations in the Massachusetts Register. The revised regulations will take effect upon the date of publication in the Register.