APS Emergency Rulemaking

Information regarding the emergency rulemaking on 225 CMR 16.00

Notice of Filing and Public Hearing

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 an emergency regulation to amend portions of 225 CMR 16: Alternative Energy Portfolio Standard (“APS”). 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 to the APS regulation make revise the regulation on an emergency basis by eliminating the transition from pre-minting of certificates to forward minting of certificates for eligible small non-emitting renewable thermal technologies.

As an emergency regulation, the proposed changes took effect immediately upon filing and remain in effect for three months. Should DOER conclude the full Chapter 30A rulemaking process in that timeframe, as it intends to do, the changes will become permanent.

The following public hearing was help to receive verbal and written comments on the proposed APS regulations.

Location:        100 Cambridge St, 2nd Floor Conference Room

                        Boston, MA 02114

Date:               May 13th 2019

                         1:00 to 4:00 PM 

APS Public Hearing Audio (mp3)

Public Comment Period

Written comments will be accepted on the APS regulation until 5 PM on May 13, 2019.  Please submit written comments on the APS regulation to Samantha Meserve electronically to Thermal.DOER@mass.gov or via mail to the Department of Energy Resources, 100 Cambridge Street, Suite 1020, Boston, MA 02114.  

Copy of Draft Regulations  

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

225 CMR 16.00 Alternative Energy Portfolio Standard (CLEAN)

225 CMR 16.00 Alternative Energy Portfolio Standard (REDLINE)