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SMART 400 MW Review Emergency Rulemaking

A summary of the 400 MW Review emergency rulemaking for 225 CMR 20.00.

Table of Contents

Agricultural Solar Tariff Generation Units Guideline Straw Proposal

On October 15, 2019, the Department issued proposed changes to the Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units (“Guideline”). The Department collected public comments until November 6, 2019. Following the review of these comments, DOER has drafted a straw proposal of potential changes to the Guideline.  The straw proposal for the Guideline can be found on here. 

The straw proposal removes many of the changes to the technical and application requirements that were proposed in October 2019. Instead, the straw proposal maintains much of the requirements in the existing version of the Guideline, dated April 26, 2018.  Two areas that the Department contemplates modifying pertain to project size and opportunities for third-party certification.

The deadline for submitting written comments for the straw proposal is Friday, October 30, 2020, by 5pm.

Written comments on the straw proposal should be submitted to doer.smart@mass.gov with “SMART ASTGU Guideline Comments” in the subject line.  As an alternative, the public may submit written comments via mail to the Department of Energy Resources, 100 Cambridge Street, Suite 1020, Boston, MA 02114, attention Kaitlin Kelly.  Please be advised that there may be delays in receiving written comments via the mail.

Agricultural Solar Tariff Generation Unit Guideline Straw Proposal

Final Guidelines

Final Regulations

On July 10, 2020, DOER filed the final version of the SMART Regulations, 225 CMR 20.00, with the Secretary of the Commonwealth. Below, you can find the updated regulations as filed.

225 CMR 20.00 Final - Clean

225 CMR 20.00 Final - Redline

Guideline Public Comments

Guideline Public Comment Period Extended

In response to industry requests, DOER has extended the comment period on several Guidelines that were changed as part of the emergency regulation rulemaking process for 225 CMR 20.00. The written comment extension shall apply to the following Guidelines, which DOER currently has out for comment:

Existing Guidelines

Guideline Regarding the Definition of “Brownfield”

Guideline Regarding the Definition of "Brownfield" - Redline

Guideline on Establishing SMART Compensation Rates

Guideline on Establishing SMART Compensation Rates - Redline

Guideline on Energy Storage

Guideline on Energy Storage - Redline

Guideline Regarding Low Income Generation Units

Guideline Regarding Low Income Generation Units - Redline

New Guidelines

Guideline on SMART Consumer Protection

Guideline Regarding Metering of Solar and Energy Storage Systems

Guideline Regarding Alternative Programs for Community Shared Solar and Low-Income Community Shared Solar Generation Units

The deadline for submitting written comments for these guidelines is now Monday, June 29, 2020, by 5pm.

Written comments should be submitted to DOER.SMART@mass.gov with “SMART Guideline Comments” in the subject line.  As an alternative, the public may submit written comments via mail to the Department of Energy Resources, 100 Cambridge Street, Suite 1020, Boston, MA 02114, attention Kaitlin Kelly.  Please be advised that there may be delays in receiving written comments via the mail. 

Please send any questions to DOER.SMART@mass.gov.

Revised Customer Disclosure Forms

Emergency Regulation Public Comments

Emergency Regulation Public Comment Period Extended

In response to industry requests, DOER has extended the comment period on the changes made in 225 CMR 20.00. The deadline for submitting written comments is now Monday, June 1, 2020, by 5pm. Written comments should be submitted to DOER.SMART@mass.gov with “SMART Public Comment” in the subject line.  As an alternative, the public may submit written comments via mail to the Department of Energy Resources, 100 Cambridge Street, Suite 1020, Boston, MA 02114, attention Kaitlin Kelly.  Please be advised that there may be delays in receiving written comments via the mail.

The written comment extension shall also apply to the following Guidelines, which DOER currently has out for comment:

Statement of Qualification Reservation Period Guideline

Guideline on Capacity Blocks, Base Compensation Rates, and Compensation Rate Adders

Guideline Regarding Land Use, Siting, and Project Segmentation

Guideline Stakeholder Sessions

As part of the Emergency Rulemaking process for 225 CMR 20.00, DOER hosted two working group sessions to discuss two specific Guidelines. These meetings were intended to help clarify DOER’s policy in crafting these guidelines, answer questions, generate discussion, and help stakeholders in developing their comments on these Guidelines. Note: The public comment period for these Guidelines has been extended and the deadline is now June 29, 2020.

Guideline on SMART Consumer Protection:

Tuesday, June 9, 2020 | 1:00 PM- 3:00 PM

SMART Consumer Protection Stakeholder Session (Webinar Recording)

SMART Consumer Protection Stakeholder Session (Presentation Slides)

Guideline Regarding Alternative Programs for Community Shared Solar Tariff Generation Units and Low-Income Community Shared Solar Tariff Generation Units:

Wednesday, June 10, 2020 | 10:00 AM- 12:00 PM

SMART Alternative Programs for CSS and LICSS (Webinar Recording)

SMART Alternative Programs for CSS and LICSS (Presentation Slides)

Guideline Public Comment Period

In addition to the three Guidelines already out for public comment, DOER has made adjustments to a number of existing SMART Guidelines, and has created new Guidelines to clarify changes made in the SMART Emergency Regulations. DOER is now accepting comment on these Guidelines through Thursday June, 18, 2020, by 5 PM. Comments should be submitted to DOER.SMART@mass.gov with the subject “SMART Guideline Comments”.

Existing Guidelines

Guideline Regarding the Definition of “Brownfield”

Guideline Regarding the Definition of "Brownfield" - Redline

Guideline on Establishing SMART Compensation Rates

Guideline on Establishing SMART Compensation Rates - Redline

Guideline on Energy Storage

Guideline on Energy Storage - Redline

Guideline Regarding Low Income Generation Units

Guideline Regarding Low Income Generation Units - Redline

New Guidelines

Guideline on SMART Consumer Protection

Guideline Regarding Metering of Solar and Energy Storage Systems

Guideline Regarding Alternative Programs for Community Shared Solar Tariff Generation Units and Low Income Community Shared Solar Tariff Generation Units

In addition to the public comments, DOER will be hosting two different stakeholder meetings. One will focus on the Guideline on SMART Consumer Protection, and one will focus on the Guideline Regarding Alternative Programs for Community Shared Solar and Low-Income Community Shared Solar Generation Units. More information regarding those stakeholder meetings will be sent in the coming days.

Application Portal Re-Opening

On May 18, 2020, the application portal for the SMART program reopened at masmartsolar.com. Applicants will now be able to submit new applications in the portal. The application will provide prompts to help applicants determine which rules may apply to the Solar Tariff Generation Unit submitting a Statement of Qualification Application. Please submit any questions on the application to MA.SMART@clearesult.com or DOER.SMART@mass.gov.

Technical Amendment and Virtual Tutorial Scheduled

DOER has identified a typographical error requiring a technical correction for the calculation of the BTM incentive in 225 CMR 20.08(3). The technical correction has inserted the 𝑡ℎ𝑟𝑒𝑒 𝑦𝑒𝑎𝑟 𝑎𝑣𝑒𝑟𝑎𝑔𝑒 𝑜𝑓 𝑏𝑎𝑠𝑖𝑐 𝑠𝑒𝑟𝑣𝑖𝑐𝑒 𝑘𝑊ℎ 𝑐ℎ𝑎𝑟𝑔e into the formula, consistent with the calculation originally proposed in the SMART Program 400 MW Review. Below is the revised formula with emphasis added on the correction.

File

Additionally, DOER clarifies that 225 CMR 20.08(3) applies to projects that receive a Statement of Qualification after the Publication Date, and are not compensated as a Class I Net Metering Facility, Class II Net Metering Facility, or Class III Net Metering Facility. Existing applications will be processed according to the Statement of Qualification Reservation Period Guideline. This will be clarified further through the emergency regulatory rulemaking process.

Virtual Tutorial

On Wednesday, May 13, 2020, DOER held a virtual tutorial. The purpose of the tutorial was for DOER to share information with the public about the regulations and guidelines that have been released. A recording of the virtual tutorial can be found below. The virtual tutorial was separate from the regulatory required public hearing that is scheduled on Friday, May 22, 2020, from 10AM – 12PM.

Virtual Public Tutorial on SMART Emergency Regulations (Webinar Recording)

Virtual Public Tutorial on SMART Emergency Regulations (Presentation)

Regulations Filed and Virtual Public Hearing

On Tuesday April 14, 2020, DOER filed a revised 225 CMR 20.00, the Solar Massachusetts Renewable Target (SMART) Program, with the Secretary of the Commonwealth as an emergency regulation. This regulatory update is the result of DOER’s review of the SMART Program and engagement with stakeholders, which began upon the qualification of 400 MW of eligible Solar Tariff Generation Units. The regulations go into effect immediately. Below are the links to the SMART emergency regulations and three key regulatory guidelines.

225 CMR 20.00 – SMART Program Emergency Regulation - Redline

225 CMR 20.00 – SMART Program Emergency Regulation - Clean

Guideline on Capacity Blocks, Base Compensation Rates, and Compensation Rate Adders

Statement of Qualification Reservation Period Guideline

Guideline Regarding Land Use, Siting, and Project Segmentation

Due to the current COVID-19 crisis, DOER held a virtual public hearing on the regulations and guidelines on May 22, 2020 from 10am to 12pm. A recording from the hearing can be found below. 

225 CMR 20.00 Virtual Public Hearing

Written comments will be accepted on the SMART regulation and key guidelines until 5 PM on May 22, 2020.  Due to the current conditions, DOER highly encourages written comments be submitted electronically to doer.smart@mass.gov.  Please include “SMART Public Comment” in the subject line.  As an alternative, the public may submit written comments via mail to the Department of Energy Resources, 100 Cambridge Street, Suite 1020, Boston, MA 02114, attention Kaitlin Kelly.  Please be advised that there may be delays in receiving written comments via the mail.

To account for updates made in the SMART Program, the SMART application portal has been temporarily closed to new applications. Applications submitted and deemed complete prior to April 15, 2020 will continue to be processed. The application portal will continue to accept change requests and extension requests for existing applications. DOER anticipates it will begin accepting new applications at 12:00 PM ET on May 18, 2020.

All applications received through 11:59 PM ET on May 22, 2020 will be considered as having been submitted at the same time for the purposes of determining placement in a Capacity Block.

  • Applications for facilities less than or equal to 25 kW AC will be reviewed and placed into Capacity Blocks in the order that their contract was executed.
  • Applications for facilities greater than 25 kW AC will be reviewed and placed into Capacity Blocks in the order that their Interconnection Services Agreement was executed.

All applications received on or after 12:00 AM ET May 23, 2020 will be reviewed and placed into Capacity Blocks on a first come, first served basis.

Agricultural Solar Tariff Generation Units Draft Guideline and Public Comments

The DOER has amended it's Agricultural Solar Tariff Generation Units Guideline to update the eligibility criteria for projects looking to qualify as a dual use Agricultural Solar Tariff Generation Unit. DOER's proposal, made in consultation with the MA Department of Agricultural Resources, can be found in the draft guideline. DOER will be accepting comments on the proposed revisions.

Agricultural Solar Tariff Generation Units Guideline Draft 101519

Comments on Agricultural Solar Tariff Generation Units Guideline

400 MW Review Straw Proposal

Per 225 CMR 20.07(5), the Department of Energy Resources (DOER) has been conducting a review of the Solar Massachusetts Renewable Target (SMART) Program, which began upon the qualification of 400 MW of eligible Solar Tariff Generation Units. The following presentation contains DOER's proposal for changes to be made to the SMART program in 400 MW Review.  

SMART 400 MW Straw Proposal

Public Comments

400 MW Review Comments (zip file)

Any questions regarding this proceeding can be directed to DOER.SMART@mass.gov.

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