The Massachusetts Department of Energy Resources (DOER) filed draft regulations in May 2015 to include renewable thermal, fuel cells, and waste-to-energy thermal in the Massachusetts Alternative Portfolio Standard (APS) pursuant to Chapter 251 of the Acts of 2014 and Chapter 188 of the Acts of 2016. The rulemaking concluded in December 2017. This page provides an overview of draft regulations and guideline, public comments and meetings, as well as relevant documents and presentations.
Current Rulemaking Notices and Documents
On January 26, 2018 DOER released the following draft applications and reports for Eligible Liquid Biofuel Generation Units for public comment:
Biofuel Aggregation Application
Biofuel Suppliers List Application
Quarterly Biofuel Report- Aggregation
Quarterly Biofuel Report- Supplier
DOER accepted written public comments until February 9, 2018 and held a stakeholder session to discuss the documents on February 1st, 2018.
Previous Rulemaking Notices and Documents
Final Regulations Filed with the Secretary of the Commonwealth
On December 15, 2017, DOER filed the final Alternative Energy Portfolio Standard (APS) regulation with the Secretary of the Commonwealth to include renewable thermal, fuel cells, and waste-to-energy thermal as eligible technologies. The unofficial regulation and accompanying guidelines can be seen below. The official regulations will be published in the Massachusetts Register on December 29, 2017.
225 CMR 16.00 – Final Unofficial Version
Guideline on Biomass, Biogas, and Biofuels for Eligible Renewable Thermal Generation Units
Guideline on Multipliers for Renewable Thermal Generation Units
Guideline on Biomass Reporting Procedures
Guideline on Metering and Calculations for Fuel Cell Generation Units
Final Documents Filed with the Joint Committee on Telecommunications, Utilities, and Energy
On November 15, 2017, DOER filed the final draft regulation with the Joint Committee on Telecommunications, Utilities and Energy, to include renewable thermal, fuel cells, and waste-to-energy thermal technologies in the Alternative Energy Portfolio Standard (APS). The draft regulation can be seen below.
225 CMR 16.00 – November 15, 2017
Guideline on Biomass, Biogas, and Biofuels for Renewable Thermal Generation Units
Guideline on Multipliers for Renewable Thermal Generation Units
Guideline on Reduction of Greenhouse Gases for Eligible Renewable Thermal Generation Units Using Eligible Woody Biomass
Massachusetts Alternative Energy Portfolio Standard Biomass Reporting Procedures
Guideline on Metering and Calculations for Fuel Cell Generation Units
Written comments on the above guidelines were accepted beginning on November 16, 2017 and ending at 5 PM on December 1, 2017.
APS Renewable Thermal Guidelines – Written Comments 2017
Initial Documents Filed with the Joint Committee on Telecommunications, Utilities, and Energy
On October 13, 2017, DOER filed an amended draft regulation with the Joint Committee on Telecommunications, Utilities and Energy, to include renewable thermal, fuel cells, and waste-to-energy thermal technologies in the Alternative Energy Portfolio Standard (APS). The draft regulation and accompanying guidelines can be seen below.
225 CMR 16.00 (clean) – October 13, 2017
225 CMR 16.00 (redline) – October 13, 2017
Guideline on Biomass, Biogas, and Biofuels for Renewable Thermal Generation Units Redline
Guideline on Multipliers for for Renewable Thermal Generation Units Redline
Secondary Comment Period
On June 2, 2017, DOER filed the following Regulation with the Secretary of State’s office to add additional eligible technologies to the APS Regulations. Due to significant changes, a redline and clean version of each document is provided below:
Regulation and Guidelines (Tracked Changes)
225 CMR 16.00 (with Tracked Changes) – June 2, 2017
Guideline on Biomass, Biogas, and Biofuels Redline
Guideline on Multipliers for Non-Emitting Technologies Redline
Regulation and Guidelines (Clean with Edits Accepted)
225 CMR 16.00 (clean) – June 2, 2017
Guideline on Biomass, Biogas, and Biofuels Clean
Guideline on Multipliers for Non-Emitting Technologies Clean
Notice of Public Hearings and Comment Period
Two public hearings on the recently filed APS Regulations (225 CMR 16.00) were held on July 14, 2017 in Boston, MA and on August 7, 2017 in Holyoke, MA. Written comments on the regulation were accepted beginning on June 16, 2017 and ending at 5 PM on August, 7 2017.
Public Oral Testimony July 14, 2017
Public Oral Testimony August 7, 2017
APS Renewable Thermal Regulations – Written Comments 2017 Part 1
APS Renewable Thermal Regulations – Written Comments 2017 Part 2
Primary Comment Period
On May 19, 2016, DOER filed the following Regulation with the Secretary of State’s office to add additional eligible technologies to the APS Regulations:
Regulation and Guidelines (Tracked Changes)
225 CMR 16.00 (with Tracked Changes) – May 24, 2016
Guideline on Metering and Calculations – Part 1 (Formulas for Small Generation Units)
Guideline on Biomass, Biogas, and Biofuels
Guideline on Multipliers for Non-Emitting Technologies
Notice of Public Hearings and Comment Period
Two public hearings on the recently filed APS Regulations (225 CMR 16.00) were held on June 15, 2016 in Amherst, MA and on June 17, 2016 in Boston. Written comments on the regulation were accepted beginning on May 23, 2016 and ending at 5 PM on June 30, 2016.
Public Oral Testimony June 15, 2016
Pre-Rulemaking Stakeholder Meetings
At the end of 2012, DOER presented the "Heating and Cooling in the Massachusetts Alternative Portfolio Standard" to the Massachusetts Legislature about the inclusion of useful thermal energy in the Alternative Portfolio Standard.
| Monday, 11/17/2014 10AM, Boston, MA | First general stakeholder meeting | This first meeting preceded the start of the formal rule making process. DOER presented a high level outline of the different aspects of the regulatory changes and guidelines and invited feedback. Stakeholders can download the presentation used by DOER at the meeting. |
| Friday, 11/21/2014 2PM, Boston, MA | Metering subgroup | DOER presented on issues related to metering of thermal energy and invited feedback. Stakeholders can download the RE Thermal APS Metering Subgroup presentation used by DOER at the meeting. |
| Monday, 11/24/2014 2PM, Westborough, MA | Biomass subgroup | DOER presented on issues related to biomass sustainability and other requirements, and invited feedback. Stakeholders can download the RE Thermal APS Biomass Subgroup presentation used by DOER at the meeting. |
| Monday, 12/1/2014 9:30AM, Boston, MA | Biofuels subgroup | DOER presented on issues related to blending of biofuels with heating oil and invited feedback. Stakeholders can download the presentation RE Thermal APS Biofuels Subgroup used by DOER at the meeting. |
| Tuesday, 12/16/2014 1PM, Westborough, MA | Second general stakeholder meeting. | DOER presented the final design of the regulations. Stakeholders can download the RE Thermal APS Regs Stakeholder Meeting presentation used by DOER at the meeting. |
| Tuesday, 12/16/2014, Westborough, MA | Metering subgroup | DOER presented on issues related to metering of thermal energy, focusing on large hydronic solar heating systems and air source heat pumps, and invited feedback. Stakeholders can download the RE Thermal APS Metering Subgroup presentation used by DOER at the meeting. |