Net metering statutory exceptions guide

Net metering allows customers to offset their energy use and transfer energy back to their electric company. If you have a solar facility and want more than one net metering facility on a parcel of land, you might be eligible for a statutory exception through the Self-Certification Form. Read this guide to learn more about eligibility for a statutory exception, specifics about each statutory exception, and information about submitting a form.

Eligibility

You may request a statutory exception to the single parcel rule through the Self Certification Form (Form), if:

1. You want to net meter more than 1 net metering facility on a single parcel of land,
2. Solar net metering facilities are the only net metering facilities on your parcel of land; and
3. You meet all of the requirements for the requested exception(s).

Visit the MassACA website to submit a Self-Certification Form for a statutory exception to the single parcel rule.

Five statutory exceptions

Exception 1 – government-owned parcel

To qualify for Exception 1, you must have a net metering Public ID number.  The parcel of land may have both publicly and privately owned solar facilities; however, the combined solar capacity across all the net metering facilities on that parcel must not exceed 10 megawatts (MWs).  D.P.U. 23-20-A page 16-18.

Exception 2 – low or moderate income housing

Exception 2 allows multiple facilities to net meter on a single parcel of land if all of the buildings on the parcel are low- or moderate-income housing as defined in Section 20 of Chapter 40B.  D.P.U. 23-20-A page 20.  The parcel of land may include non-housing buildings, such as community centers, as provided in the statutory definition.  D.P.U. 23-20-A page 21, footnote 30.  Public housing authorities must have a net metering Public ID number.  D.P.U. 23-20-A page 22.  Private entities that built or operate the low-income housing must demonstrate that either:

1. At least 25% of the housing available at the properties to be served by the facility on the parcel is rented to households earning 80% or less of the area median income, or
2. At least 20% of the housing available at the properties to be served by the facility on the parcel is rented to households earning 50% or less of the area median income. D.P.U. 23-20-A page 22.

To demonstrate eligibility, private entity Host Customers must include 1 or more of the following documents:

• Regulatory agreement (memorializes affordability restrictions between owner and state or federal agency);
• Deed restriction;
• Affordable housing restriction that lists the number of restricted units, level of income applicable to restricted units, and terms of agreement;
• Housing Assistance Payments (HAP) contract, which documents Section 8 provisions or state vouchers;
• Rent roll/income report that shows actual annual income of existing residents;
• Utility program affordability restriction;
• Evidence documenting the housing development’s listing on or eligibility for the municipality’s Subsidized Housing Inventory;
• Tax credit regulatory agreement and declaration of restrictive covenants; or
• Other relevant documentation not listed, which the DPU may define in subsequent guidance. D.P.U. 23-20-A page 22-23

The combined solar capacity across all the net metering facilities on a given parcel cannot exceed 10 MW.  G.L. c. 164, § 139(l)(ii).

Exception 3 – separate and distinct rooftops

Exception 3 establishes that there may be multiple solar net metering facilities on a single parcel of land, provided each solar facility is:

• Located on the rooftop of a physically separate structure; and
• is tied behind the electric service of that structure.

No two systems may occupy the same rooftop.  Eligible rooftops include buildings, garages, carports, and canopies over parking areas.  The total solar capacity across all net metering facilities on a parcel is capped at 2 MW.  D.P.U. 23-20-A page 24.

Pole-mounted systems and other net metering supporting equipment, such as mounting racks or dual trackers, do not qualify as rooftops.  D.P.U. 23-20-A page 24.  Furthermore, buildings with shared walls are not physically separate, such as those found in some condominium or townhouse arrangements and some multi-unit commercial buildings.  Such structures may have separate, discontinuous roof pitches.  These separate roof pitches are not considered to be separate rooftops.  You should not pursue Exception 3 in these instances.  Exception 4, however, may be appropriate for situations where there are multiple facilities on a rooftop and/or multiple buildings.

Exception 4 – separate customers on the same rooftop

Exception 4 allows multiple solar facilities on the same rooftop on a single parcel of land if each facility installed on that rooftop is interconnected behind the meter of a separate host customer (i.e., different customers, organizations, corporations, etc.). This means 2 or more unique customers may install their own solar facility on the same roof.  Exception 4 also allows solar facilities across multiple rooftops on the same parcel, provided at least one rooftop has 2 or more net metering facilities where each customer is a separate host customer.  Only behind-the-meter systems qualify.  Additional solar facilities may be added over time, as long as each facility meets all the eligibility criteria for this exception.  The combined solar capacity across all the net metering facilities on a parcel cannot exceed 10 MW.  D.P.U. 23-20-A page 26.

Exception 5 – additional facility not less than 1 year

Exception 5 allows for multiple net metering facilities on a single parcel of land if the additional facilities are installed not less than 1 year after the most recently-installed net metering facility was authorized to interconnect.  This exception is specifically for parcels that have not used any of the first 4 statutory exceptions.  Furthermore, using Exception 5 prohibits a parcel from utilizing any other exception.  The total net metering capacity on any single parcel must not exceed 2 MW unless all host customers on a parcel are a municipality or other governmental entity, in which case the aggregate net metering capacity available on the parcel is 10 MW.  D.P.U. 23-20-A page 29-33.

Multiple exceptions

If you are applying for Statutory Exception 1, 2, 3, or 4, you may identify more than 1 statutory exception for which the net metering facilities located on a single parcel of land are eligible.  You cannot combine Statutory Exception 5 with another statutory exception.  If you identify multiple statutory exceptions for which you are eligible, the aggregate capacity limit of the parcel shall be the largest of the statutory exceptions.  D.P.U. 23-20-A page 53.  Exceptions are not additive, and under no circumstance will there be more than a total capacity of 10 MW to net meter on a single parcel.  For example, a parcel with facilities under Exception 1, with a capacity limit of 2 MW, and Exception 3, with a capacity limit of 10 MW, the parcel capacity limit is 10 MW.  The host customers may not combine the two capacity limits for a total capacity of 12 MW.   

Statutory Exceptions cannot be combined in such a way that they contradict each other.  Every facility on a parcel must be eligible for every condition of every Statutory Exception that the host customer has received or applied for, and new exceptions cannot negate previously existing exceptions.

• Example 1: if two facilities are eligible for Exceptions 1 and 3, with total parcel capacity limits of 10 MW and 2 MW, respectively, the higher limit of 10 MW would apply to the whole parcel.  The facilities on the parcel may not combine the 10 MW limit under Exception 1 and the 2 MW under Exception 3 for a total capacity of 12 MW.
• Example 2: in a case for which Facilities are eligible for Exceptions 1 and 2, which both have a total capacity limit of 10 MW, only 10 MW of total net metering capacity is permitted on the parcel.

Submitting a Form

Preparing the submission

When preparing a Form, please keep the following information in mind:

1. It is possible to save and resume an in-progress Form.
   1. At the bottom of every page, there is a link to “Save and Resume.” The website will provide a link that will bring you back to the page with your previously entered information.  It will also prompt you to enter your email in order to email the link to you.
   2. To save and resume at a later point, you will need to generate a new link.  Each link is valid for 30 days, after which the saved data will be lost.  Lost in-progress Forms cannot be retrieved.
2. Refer to the Providing Property Information on a Self-Certification Form for guidance on property information.
3. It is possible to complete your Form for more than one Statutory Exception.  Find more information about requesting multiple statutory exceptions in Section 2, above.
4. Each Form can only include facilities on one parcel of land.   You cannot submit a single Form for facilities located across multiple parcels of land.

Status of a Form

There are 5 possible statuses for your Form: Submitted, Accepted, Partially Accepted, Incomplete, and Denied.

• Submitted:  The Form has been submitted and is being reviewed.  The review period typically lasts around 15 business days.  Any requests for clarification will be issued within that time period, and the Host Customer or Point of Contact will have 15 business days to follow up and provide the requested information.
• Accepted:  The Form has been accepted, and each of the facilities on the Form has been granted a Statutory Exception to the Single Parcel Rule under the exceptions listed on the approved Form.
• Partially Accepted:  Some facilities on the Form have been granted a Statutory Exception to the Single Parcel Rule, while other facilities were deemed ineligible for any exception.  The final confirmation email will indicate which facilities were approved and which were denied.
• Denied:  The facilities and parcel did not meet the qualifications for a Statutory Exception to the Single Parcel Rule.  If you believe this determination was made in error, this must be disputed within 15 business days.
• Incomplete:  The facilities and the parcel may still meet the qualifications for a Statutory Exception to the Single Parcel Rule, but the Form is missing a key piece of information.

After submission of the Form

After you submit the Form and filing fee, the Reviewer will begin their review.  Within 15 business days of submission, the Reviewer will either:

1. Notify you of the final status of your Form; or
2. Request clarification of any missing or incomplete information.

Filing fees are non-refundable.  Do not submit Forms you know are incomplete and/or ineligible for a Statutory Exception.  If you have questions about the eligibility of your facility to receive a Statutory Exception, contact [e-mail] prior to submitting a Form.

If you believe that you entered incorrect or incomplete information, email [e-mail] as soon as possible.  The Reviewer may be able to reopen the Form to correct and resubmit the Form or make updates during their review.  If the Reviewer has questions about the information on a Form or believes that the information submitted will render a Facility ineligible for a Statutory Exception, they will contact the Host Customer or Point of Contact to clarify the information provided.

Contact information

If you have questions about submitting a Form or statutory exception eligibility questions, contact the Reviewer at [e-mail] or by calling [phone].

If you have other questions about statutory exceptions, contact DPU staff using the Who to contact about my renewable energy question or concern form.