Emergency Regulations Filed
On October 5, 2026 Governor Healey issued Executive Order 659: Proclaiming an Energy Emergency and Providing Immediate Home Energy Assistance and Relief on Energy Bills During the Winter Months. Included in this executive order was the direction for the Department of Energy Resources to immediately begin regulatory and administrative actions to substantially reduce ratepayer costs associated with the Alternative Energy Portfolio Standard (“APS”).
On October XX, 2026 the Department of Energy Resources filed an emergency rulemaking with the Secretary of State that makes changes to 225 CMR 16.00 Alternative Energy Portfolio Standard, effective immediately. This emergency rulemaking:
- Establishes term limits of up to 10 years for the emitting and non-renewable thermal technologies listed below.
(a) Gasification
(b) Combined Heat and Power
(c) Flywheel Storage Unit
(d) Paper-derived Fuel
(e) Efficient Steam Technology
(f) Woody Biomass
(g) Biogas
(h) Liquid Biofuels
(i) Compost Heat Exchange Systems
(j) Fuel Cell
(k) Thermal Waste-to-Energy - Decreases the APS Minimum Standard for 2027 - 2029.
- Fixes the APS Minimum Standard to 1% for 2030 and beyond.
To see the specific changes made to the Regulation, please review the clean and redline documents posted below.
Per G.L. c. 30A, DOER will hold a public hearing and comment period on the emergency regulation.
A virtual public hearing on the regulations will be held on November 13, 2026 at 10:00 AM via Zoom. Stakeholders may register for the hearing using the following link:
Written comments will be accepted beginning October 7, 2026 and ending at 5:00 PM on November 13, 2026. DOER requests that written comments be submitted as attached PDF files to THERMAL.DOER@mass.gov with the words “APS 2026 Emergency Rulemaking” in the subject line.
For any questions regarding the APS emergency rulemaking, please contact: THERMAL.DOER@mass.gov .