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2019 RPS Class I & II Rulemaking

Information regarding the rulemaking on 225 CMR 14.00 and 225 CMR 15.00. Please note, this rulemaking has concluded.

Notices and Updates

Final Phase 2 Regulations Filed with the Secretary of State

On October 29, 2021, the DOER filed its proposed final Phase 2 version of the 225 CMR 14.00 Renewable Energy Portfolio Standard (RPS) Class I and 225 CMR 15.00 RPS Class II with the Secretary of the Commonwealth’s Office. The DOER expects the regulations to be published in the State Register on November 12, 2021. The Phase 2 version of the regulations contain all changes related to biomass.

After over two years of regulatory rulemaking, four public hearings, and two written comment periods, the DOER has considered all public testimony and comments provided on the Phase 2 regulations and has made no changes to the version that was filed with the chairpersons of the Joint Committee on Telecommunications, Utilities, and Energy (TUE) on August 16, 2021. The final UNOFFICIAL version of the regulations that were filed today, and the associated guidelines, can be found below.

If you have any questions, please direct them to doer.rps@mass.gov.  

Final Phase 2 Regulations Filed with the Joint Committee on Telecommunications, Utilities, and Energy

On Monday August 16th, 2021, following review of the TUE report, DOER filed the final amendments for the phase 2 regulations with the chairpersons of the TUE and following 30 days, the Department plans to file the regulations with Secretary of State’s office to be promulgated.  The final phase 2 regulations and DOER’s letter to the TUE chairpersons can be seen below.

DOER RPS Cover Letter to TUE Chairpersons

RPS Phase 1 & Phase 2 Updates

Phase 1 Update

On June 25, 2021, the Department of Energy Resources (DOER) filed its proposed final Phase 1 version of the 225 CMR 14.00 and 225 CMR 15.00, respectively the Renewable Energy Portfolio Standard (RPS) Class I and Class II regulations, with the Secretary of the Commonwealth’s Office. The DOER expects the regulations to be published in the State Register on July 9, 2021.  The Phase 1 version of the regulations contain all changes except for those that relate to biomass.  The final UNOFFICIAL version of the regulations that were filed today can be seen below.

Phase 2 Update

On June 25, 2021, DOER filed its amended draft Phase 2 version of 225 CMR 14.00 and 225 CMR 15.00, respectively the RPS Class I and II regulations, with the House Clerk for referral to the TUE committee. The changes proposed in the Phase 2 version contain all changes related to the biomass provisions.  The filing of these regulations follows a public comment period that concluded on May 17, 2021 and entailed the two new provisions to the RPS Class I regulation that would:

  • Require all Generation Units with a Commercial Operation Date after 12/31/2020 to meet a 60% overall efficiency requirement, regardless of the type of feedstock.
  • Prohibit Generation Units using Eligible Biomass Woody Fuel from qualifying for the RPS program if they are located within an environmental justice population or within 5 miles of an environmental justice population.

Following referral of the draft regulations to the TUE Committee, the committee has 30 days to review the draft regulations and issue a report to DOER. Once the TUE Committee has issued its report, DOER will review said report and submit its final regulations to the TUE Chairpersons. Following an additional 30-day waiting period, DOER may then file its final regulations with the Secretary of State for publication.  Information on the filing of the Phase 2 version of the regulations can be seen below.

In addition to filing the above, DOER has provided the committee the following documents that were originally sent to the committee on December 4, 2020:

Final Phase 1 Regulations Filed with the Joint Committee on Telecommunications, Utilities, and Energy

On Wednesday May 26th, 2021, following review of the TUE report, DOER filed the final amendments for the phase 1 regulations with the chairpersons of the TUE and following 30 days, the Department plans to file the regulations with Secretary of State’s office to be promulgated.  The final phase 1 regulations and DOER’s letter to the TUE chairpersons can be seen below.

DOER RPS Cover Letter to TUE Chairpersons

Draft Regulations Filed with the Joint Committee on Telecommunications, Utilities, and Energy

On April 27, 2021, DOER filed its amended draft Phase 1 non-biomass regulations with the House Clerk for referral to the Joint Committee on Telecommunications, Utilities, and Energy (TUE). As stated on April 16, 2021, DOER has made additional revisions to the RPS Class I regulation, as it pertains to woody biomass eligibility, and therefore has determined to bifurcate the regulatory proceedings for 225 CMR 14.00 and 225 CMR 15.00 into two phases. The first phase encompasses all previously proposed amendments except for the proposed changes to biomass. 

Following referral of the draft regulations to the TUE Committee, the committee has 30 days to review the draft regulations and issue a report to DOER. Once the TUE Committee has issued its report, DOER will review said report and submit its final regulations to the TUE Chairpersons. Following an additional 30-day waiting period, DOER may then file its final regulations with the Secretary of State for publication.

The regulations are available below.

DOER RPS Cover Letter to TUE Chairpersons

Should you have any questions on this update, please contact doer.rps@mass.gov.

Phasing of Regulations and further Public Comments Requested

Following the filing on December 4, 2020 of the amended draft regulations with the House Clerk for referral to the Joint Committee on Telecommunications, Utilities, and Energy (TUE), DOER has made additional revisions to the RPS Class I regulation, as it pertains to woody biomass eligibility, and therefore has determined to bifurcate the regulatory proceedings for 225 CMR 14.00 and 225 CMR 15.00 into two phases.

Phase 1- Non-biomass changes

The first phase encompasses all previously proposed amendments except for the proposed changes to biomass.  On April 16, 2021, the final amendments for the phase 1 regulations were filed with the chairpersons of the TUE and following 30 days, the Department plans to file the regulations with Secretary of State’s office to be promulgated.

DOER RPS Cover Letter to TUE Chairpersons

Phase 2- Biomass changes

The second phase encompasses all previously proposed amendments pertaining to biomass.  Following further review of the regulations, DOER is proposing two new provisions to the RPS Class I regulations that:

  • Require all Generation Units with a Commercial Operation Date after 12/31/2020 to meet a 60% overall efficiency requirement, regardless of the type of feedstock.
  • Prohibit Generation Units using Eligible Biomass Woody Fuel from qualifying for the RPS program if they are located within an environmental justice population or within 5 miles of an environmental justice population.

Public Comment Requested

DOER sought public comment on the two new provisions of the Phase 2 regulations.  Written comments were accepted until 5 PM on May 17, 2021 and can be found below. 

Phase 2 RPS Public Comments File 1

Phase 2 RPS Public Comments File 2

Phase 2 RPS Public Comments File 3

Phase 2 RPS Public Comments File 4

Regulations Filed with Joint Committee on Telecommunications, Utilities and Energy

On December 4, 2020, DOER sent a notice to stakeholders to inform them that DOER had filed amended draft regulations with the Joint Committee on Telecommunications, Utilities and Energy for the Renewable Energy Portfolio Standard (RPS) Class I and Class II. The amended draft regulations and guidelines, along with a response to comments and additional analysis, can be seen below.

Stakeholder Comments Requested

On November 13, 2019, DOER sent a notice to stakeholders to seek comments on the frequency of compliance requirements.

Frequency of Compliance Stakeholder Questions

Responses to the above questions will be accepted until 5pm on December 4, 2019. Please send all responses to John Wassam at DOER.RPS@mass.gov with the subject "RPS Compliance Frequency Comment".

 

Notice of Filing and Public Hearings

On April 5, 2019 the Department of Energy Resources (DOER), acting under statutory authority of Sections 11F and 11F1/2 of Chapter 25A of the General Laws, and in conformance with Chapter 30A of the General Laws, filed draft regulations to amend portions of  225 CMR 14--Renewable Energy Portfolio Standard – Class I (“RPS Class I”) and 225 CMR 15--Renewable Energy Portfolio Standard – Class II (“RPS Class II”). These regulations require all retail electricity suppliers selling electricity to end-use customers in the Commonwealth to obtain specific minimum percentages of their electricity supply from renewable energy generation sources.  The proposed amendments revise the RPS Class I and RPS Class II regulations to address policy related changes, including changes required in order to implement Section 12 of Chapter 227 of the Acts of 2018, now codified at M.G.L. c. 25A, § 11F.

The following public hearings were conducted to receive verbal and written comments on the proposed RPS Class I and II regulations.

Location:   100 Cambridge Street

                    2nd Floor Conference Room

                    Boston, MA 02114

Date:           May 13, 2019 

                    1:00 – 4:00 PM

Public Hearing Audio (mp3)

Location:    UMass Amherst

                    Integrated Science Building, Room 221

                    661 North Pleasant Street

                    Amherst, MA 01003

Date:           May 16, 2019

                    1:00 – 3:00 PM

Public Hearing Audio (mp3)

Location:    Mt. Wachusett Community College

                     Arthur F. Haley Academic Building, Multi-Purpose Room #115

                    444 Green Street

                    Gardner, MA 01440

Date:           May 17, 2019

                    1:00 – 3:00 PM

Public Hearing Audio (mp3)

Location:   John J Duggan Academy

                   Duggan Auditorium

                   1015 Wilbraham Rd

                   Springfield, MA 01109

Date:          June 5, 2019

                   6:30 – 8:30 PM

Public Hearing Audio (mp3)

Public Comment Period 

Written comments on the RPS Class I and RPS Class II Frequency of Compliance were accepted until 5 PM on December 4, 2019. All comments received can be accessed below.

RPS Compliance Frequency Comments 12-4-19

Written comments on the RPS Class I and RPS Class II Regulations were accepted until 5 PM on July 26, 2019. All comment received can be accessed below. 

RPS Class I and II Stakeholder Comments

Copies of Draft Regulations and Guidelines

Two unofficial versions of each of the draft regulations are posted below, one of each with all proposed edits accepted and another of each with them shown. Official copies of the regulations may be obtained by contacting the Secretary of State’s office at regs@sec.state.ma.us. 

225 CMR 14.00 Renewable Energy Portfolio Standard - Class I (CLEAN)

225 CMR 14.00 Renewable Energy Portfolio Standard - Class I (REDLINE)

225 CMR 15.00 Renewable Energy Portfolio Standard - Class II (CLEAN)

225 CMR 15.00 Renewable Energy Portfolio Standard - Class II (REDLINE)

Guideline on Biomass Fuel Report

Guideline on Overall Efficiency and GHG Analysis

Guideline on Eligible Biomass Fuel for Renewable Generation Units

Stakeholder Notices

On April 11, 2019, DOER sent the following notice to stakeholders regarding the recently files APS, RPS Class I, and RPS Class II regulations. 

RPS and APS Stakeholder Announcement

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