Regulatory Changes to 225 CMR 15.00, RPS Class II

DOER commenced on February 28, 2014, a formal rulemaking process to implement changes in RPS Class II for pre-1998 Renewable and Waste Energy. The proposed amendments address the following:

  • Change the Class II Renewable Energy Minimum Standard to reduce the program reliance on ACP
  • Increase of the eligible hydro capacity from 5 to 7.5 MW in accordance with statutory change
  • Include biomass provisions from Class I regulation
  • Adjust the banking provision for Waste Energy Certificates to avoid perpetual oversupply in that fixed supply/demand market.

As part of the rulemaking process, DOER will hold a public hearing on March 21 and accept public comments until 5 PM on March 26, 2014. After the comment period has closed, DOER will incorporate any changes it deems prudent from the public comments and submit the proposed final regulation to the Joint Committee on Telecommunications, Utilities and Energy. The Joint Committee will review the regulation and submit comments back to DOER within 30 days, which DOER must consider for a period of not less than 30 days. Thereafter, the final regulation will be promulgated as soon as possible.

Clean Version of RPS Class II Regulation pdf format of    225 CMR 15 - Updated Clean
Tracked Changes to RPS Class II Regulation pdf format of    225 CMR 15 - Updated Tracked Changes    
Notice of Public Comment and Hearing pdf format of    Public Notice 225 CMR 15     

RPS Class I Draft Regulation (February 11, 2014)

On February 11, 2014, DOER’s updated draft regulation was referred to the Joint Committee on Telecommunications, Utilities, and Energy (TUE) for its 30-day review, under the requirements of G.L.C. 25A s12. After its review, the Committee will provide comments on the regulation to DOER.

In preparing the updated draft regulation, DOER considered the many comments on the proposed draft regulation received at the Public Hearings and through the written comment process (see below). We are grateful for this input. The proposed draft regulation provided to the Legislature in this filing is available below.

 225 CMR 14 00 Draft SREC-II Reg 020414 tracked changes pdf format of    225 CMR 14 00 Draft SREC-II Reg 020414 tracked changes

The committee on TUE provided comments to DOER pdf format of    SRECII Regs TUE Comment Final 3-10-14  on March 10, 2014.

Regulatory Changes to 225 CMR 14.00 RPS Class I

DOER has commenced the formal rulemaking process to implement the RPS Solar Carve-Out II program. The rulemaking also includes other non-solar changes to the RPS Class I program to address previously identified needs to improve the program design. As part of the rulemaking process, DOER will be accepting public comments and holding a public hearing. After the comment period has closed, DOER will incorporate any changes it deems prudent from the public comments and submit the proposed final regulation to the Joint Committee on Telecommunications, Utilities and Energy. The Joint Committee will review the regulation and submit comments back to DOER within 30 days, which DOER must consider for a period of not less than 30 days.  Thereafter, the final regulation will be promulgated as soon as possible.

The changes to the regulation also require DOER to establish three separate Guidelines, which will be posted on this page for stakeholder review as they become available.

More information on the development of the RPS Solar Carve-Out II program can be found on the following page of the DOER website .

Public Comments

Any interested party may submit written comments during the period which will run from:

January 3rd – January 29th, 2014

DOER will accept written comments on this proposed regulation until 5:00 pm on January 29, 2014.  DOER prefers that written comments be submitted as attached pdf files to emails addressed to DOER.SREC@state.ma.us, with the word COMMENTS in the subject line. Alternatively, comments may be submitted via mail to Michael Judge at the Department of Energy Resources, 100 Cambridge Street, Suite 1020, Boston, MA 02114.  

Public Comments Received

DOER received the following comments as of January 29, 2014: 225 CMR 14.00 Public Comments zip format of    225 CMR 14.00 Public Comments  file size 12MB

Public Hearing

DOER held a public hearing on this proposed regulation on January 24, 2014 in the Gardner Auditorium, Massachusetts State House, Boston, MA 02133 from 1:00pm to 3:00pm. Any interested party was allowed to attend and give verbal testimony on the proposed changes. Parties were requested to also provide written copies of their testimony.

 Public Hearing Audio mp3 format of    Public Hearing Audio  file size 61MB

RPS Class I Regulation Finalized (October 1, 2013)

On October 1, 2013, the final version of the RPS Class I Regulation was filed with the Secretary of State. A copy of the final version of the regulation can be found on this page.

Post-400 MW Solar Policy Development

For information on the on-going policy development of the solar program after the 400 MW cap of the current RPS Solar Carve-Out program, view this dedicated web page.

Final Construction Timeline Extensions Guideline

Per 225 CMR 14.05(4)(k)4 of DOER’s RPS Class I Regulation, DOER has developed a Guideline designed to provide clarity to the process of obtaining an extension to the interconnection deadlines in 225 CMR 15.05(4)(k)4. This Guideline is effective as of 11/14/2013.
225 CMR 14 Solar Guideline - Construction Timeline Extensions pdf format of    225 CMR 14 Solar Guideline-Construction Time Extensions  (FINAL)
225 CMR 14 Solar Guideline - Detailed Construction Costs Form DOER xlsx format of    225 CMR 14 Solar Guideline-Detailed Construction Costs  (FINAL)
225 CMR 14 Solar Guideline - Construction Timeline Affidavit DOER docx format of    225 CMR 14 Solar Guideline-Construction Time Affidavit  (FINAL) 

Draft Construction Timeline Extensions Guideline

Per 225 CMR 14.05(4)(k)4 of DOER’s RPS Class I Regulation, DOER has developed a draft Guideline designed to provide clarity to the process of obtaining an extension to the interconnection deadlines in 225 CMR 15.05(4)(k)4.
225 CMR 14 Solar Guideline - Construction Timeline Extensions docx format of    225 CMR 14 Solar Guideline - Construction Timeline Exte
225 CMR 14 Solar Guideline - Detailed Construction Costs Form DOER xlsx format of    225 CMR 14 Solar Guideline-Detailed Construction Costs
225 CMR 14 Solar Guideline - Construction Timeline Affidavit DOER docx format of    225 CMR 14 Solar Guideline-Construction Time Affidavit

Public Comments Received

DOER has received the following comments on the Guideline as of the October 7, 2013 deadline: 
225 CMR 14 Solar Guideline - Guideline Comments zip format of    225 CMR 14 Solar Guideline - Guideline Comments  file size 3MB

Public Hearing

DOER held a public hearing on the emergency regulation filed on June 28th on July 26, 2013 in the Gardner Auditorium, Massachusetts State House, Boston, MA 02133 from 1:00pm to 3:00pm. Any interested party could attend and give verbal testimony on the proposed changes. Parties were requested to provide written copies of their testimony. Audio recordings of the verbal testimony and written comments received are posted below.

Audio of July 26, 2013 Public Hearing

SREC Emergency Regulation Hearing 072613 - #1 wma format of    SREC Emergency Regulation Hearing 072613 - #1  file size 3MB

SREC Emergency Regulation Hearing 072613 - #2 wma format of    SREC Emergency Regulation Hearing 072613 - #2  file size 3MB

SREC Emergency Regulation Hearing 072613 - #3 wma format of    SREC Emergency Regulation Hearing 072613 - #3  file size 3MB

Public Comments Received

AIM, Robert A. Rio pdf format of    AIM, Robert A. Rio

Berkshire PhotoVoltaic Services, Christopher Kilfoyle pdf format of    Berkshire PhotoVoltaic Services, Christopher Kilfoyle

Dan Albert pdf format of    Dan Albert

First Wind, David A. Wilby - 080213 pdf format of    First Wind, David A. Wilby - 080213

My Generation Energy, Inc., Michael T. Stone pdf format of    My Generation Energy, Inc., Michael T. Stone

Philip Costa - 0802013 pdf format of    Philip Costa - 0802013

RESA, Joey Lee Miranda pdf format of    RESA, Joey Lee Miranda

SEBANE, Tom W. Thompson - 080613 pdf format of    SEBANE, Tom W. Thompson - 080613

SEIA, Carrie Cullen Hitt pdf format of    SEIA, Carrie Cullen Hitt

Sherin and Lodgen, Bethany A. Bartlett and Douglas M. Henry - 1 pdf format of    Sherin and Lodgen, Bethany Bartlett and Douglas Henry 1

Sherin and Lodgen, Bethany A. Bartlett and Douglas M. Henry - 2 pdf format of    Sherin and Lodgen, Bethany Bartlett and Douglas Henry 2

SunEdison LLC, Fred Zalcman pdf format of    SunEdison LLC, Fred Zalcman

TransCanada, Michael E. Hachey pdf format of    TransCanada, Michael E. Hachey

DOER has received the following comments on the emergency regulation as of the August 2, 2013 deadline:

RPS Class I Emergency Regulation Filed (June 28, 2013)

On June 28, 2013, DOER filed the following Emergency Regulation to address recent developments in the state’s solar PV market. DOER also provided this announcement outlining the emergency regulation, remaining regulatory process, and procedures for applicants to review their application status and deadlines to provide any outstanding documentation.
225 CMR 14 00 062813 with Tracked Changes pdf format of    225 CMR 14 00 062813 with Tracked Changes  (June 28, 2013) 

Recent Public Announcements from DOER

DOER provided a stakeholder announcement on May 29, 2013 informing the market that the Department has received well over 400 MW of administratively complete applications for the solar carve-out program. Read the announcement.

DOER provided a stakeholder announcement on June 3, 2013 informing the market of the posting of  the list of projects that had been qualified or had applications deemed administratively complete by the Department that were within the 400 MW cap, and those that were queued up in excess of the 400 MW cap. The announcement also stated DOER intention to file emergency regulations to address the current situation in the market, and that the outline of the emergency regulation will be provided at the Stakeholder Meeting on June 7. 

June 7th Stakeholder Meeting Presentation pdf format of    Stakeholder Meeting on June 7  file size 1MB

RPS Class I Draft Regulation Promulgated (June 7, 2013)

On June 7, 2013, the proposed RPS Class I Draft Regulation was published in the Massachusetts State Register. A copy of the final version of the regulation can be found on the following page.

RPS Class I Draft Regulation (April 12, 2013)

DOER filed its draft regulation with the Clerk of the House on April 12, 2013, under the requirements of G.L.C. 25A s12. This regulation was referred to the Joint Committee on Telecommunications, Utilities, and Energy for its 30-day review. After its review, the Committee will provide comments on the regulation to DOER.

In preparing the draft regulation, DOER considered the many comments on the proposed draft regulation received at the Public Hearings and through the written comment process (see below). We are grateful for this input. The proposed draft regulation provided to the Legislature in this filing is available below.

225 CMR 14 00 Draft Reg DOER 041213 pdf format of    225 CMR 14 00 Draft Reg DOER 041213

The Joint Committee on Telecommunications, Utilities, and Energy provided the following comments to DOER on the draft regulation on April 25, 2013:

Joint Committee Comments to DOER (042513) pdf format of    Joint Committee Comments to DOER (042513)

Assurance of Qualification Guideline

Per 225 CMR 14.05(4)(l) of DOER’s proposed draft RPS Class I regulation, DOER has developed a draft Assurance of Qualification Guideline designed to provide clarity to the queuing and review process as the 400 MW Solar Carve-Out program cap is approached.

Assurance of Qualification Guideline - draft version 2 pdf format of    Assurance of Qualification Guideline - draft version 2

DOER received comments on its first draft of the Guideline through April 25. Based on these comments, DOER provides a “draft version 2” Guideline and will accept stakeholder comments on the this draft version through May 31st. Comments should be sent to doer.srec@state.ma.us, with the following subject line: “Comments – AoQ Guideline.”

DOER has received the following comments on the draft Guideline as of the April 25, 2013 deadline:

     First Wind, David Wilby pdf format of    First Wind, David Wilby   

     My Generation Energy, Inc., Michael Stone 4-13 pdf format of    My Generation Energy, Inc., Michael Stone 4-13

     Solar Energy Industries Association, Carrie Cullen-Hitt pdf format of    Solar Energy Industries Association, Carrie Cullen-Hitt

Regulatory Changes to 225 CMR 14.00 RPS Class I

DOER has commenced a formal rulemaking to address important changes to the RPS Solar Carve-Out program. The rulemaking also includes non-solar changes to the RPS Class I program to address previously identified needs to improve the program design. As part of the rulemaking process, DOER will be accepting public comments and holding a public hearing. After the comment period has closed, DOER will incorporate any changes it deems prudent from the public comments and submit the proposed final regulation to the Joint Committee on Telecommunications, Utilities and Energy. The Joint Committee will review the regulation and submit comments back to DOER within 30 days. Once the regulation is returned to DOER, the final regulation will be promulgated as soon as possible.

Public Comments

Any interested party could submit written comments during the period which ran from:

March 1st – March 25th, 2013

DOER accepted written comments on this proposed regulation until 5:00 pm on March 25, 2013.  DOER preferred that written comments be submitted as attached pdf files to emails addressed to DOER.SREC@state.ma.us, with the word COMMENTS in the subject line. Alternatively, comments could be submitted via mail to Michael Judge at the Department of Energy Resources, 100 Cambridge Street, Suite 1020, Boston, MA 02114.  

Public Hearing

DOER held a public hearing on this proposed regulation March 22, 2013 in the Gardner Auditorium, Massachusetts State House, Boston, MA 02133 from 1:00pm to 3:00pm. Any interested party could attend and give verbal testimony on the proposed changes. Parties were requested to provide written copies of their testimony.

Public Comments Received

DOER has received the following comments as of March 25, 2013 deadline:

American Capital Energy, Inc., Eric T McLean pdf format of    American Capital Energy, Inc., Eric T McLean

Avid Solar, Russell Aney pdf format of    Avid Solar, Russell Aney

Mike Barth pdf format of    Mike Barth

Berkshire Photovoltaic Services - Christopher Derby Kilfoyle pdf format of    Berkshire Photovoltaic Svcs-Christopher Derby Kilfoyle

Berkshire PhotoVoltaic Services, Christopher Derby Kilfoyle (032413 Comments) pdf format of    Berkshire PhotoVoltaic Services, Kilfoyle (032413)

BlueWave Capital, LLC, Eric Graber-Lopez pdf format of    BlueWave Capital, LLC, Eric Graber-Lopez

Broadway Electrical Co., Inc, Jonathan B Wienslaw pdf format of    Broadway Electrical Co., Inc, Jonathan B Wienslaw

Clean Asset Partners Corporation, Steven Kaufman pdf format of    Clean Asset Partners Corporation, Steven Kaufman

Philip Costa pdf format of    Philip Costa

(Note: 430 identical copies of this comment have been received from Environment Massachusetts on behalf of different individuals to date.)

Ken Farbstein pdf format of    Ken Farbstein

Patti Keville pdf format of    Patti Keville

Klavens Law Group, Jonathan Klavens pdf format of    Klavens Law Group, Jonathan Klavens

My Generation Energy, Inc., Michael Stone pdf format of    My Generation Energy, Inc., Michael Stone  file size 1MB  

National Grid, Ian Springsteel pdf format of    National Grid, Ian Springsteel

Nexant, Paul R. MacGregor pdf format of    Nexant, Paul R. MacGregor

Northeast Utilities, Jeffrey Waltman & Christie Bradway pdf format of    Northeast Utilities, Jeffrey Waltman & Christie Bradway

Pope Energy, Doug Pope pdf format of    Pope Energy, Doug Pope

Power Play Solar LLC, Steven Levine pdf format of    Power Play Solar LLC, Steven Levine

PV Squared, Jon Child pdf format of    PV Squared, Jon Child

Retail Energy Supply Association, Joey Lee Miranda pdf format of    Retail Energy Supply Association, Joey Lee Miranda

SEBANE, Thomas W. Thompson pdf format of    SEBANE, Thomas W. Thompson

SEIA, Carrie Cullen-Hitt pdf format of    SEIA, Carrie Cullen-Hitt

Solar Design Associates, Haskell Werlin pdf format of    Solar Design Associates, Haskell Werlin

Soltas Energy, Kirt Mayland pdf format of    Soltas Energy, Kirt Mayland

South Mountain Company, Inc., Rob Meyers.pdf pdf format of    South Mountain Company, Inc., Rob Meyers.pdf

SRECTrade - Kevin Quilliam pdf format of    SRECTrade - Kevin Quilliam

SUNCAP, Kris Mahabir pdf format of    SUNCAP, Kris Mahabir


This information is provided by the Department of Energy Resources.