The Green Communities Act (the “Act”) authorized the Department of Energy Resources (“DOER”) to promulgate regulations implementing Massachusetts’ new renewable portfolio standard (RPS) and alternative energy portfolio standard (APS) programs. To meet the deadlines established by the Act, DOER is currently accepting comments on (1) the feasibility of regulations governing renewable energy credit (REC) imports, (2) Class I and Class II RPS regulations, and (3) APS regulations. The Act gives DOER only a brief window of time to make its determinations and promulgate regulations, so stakeholders wishing to participate in this process should take immediate action to formulate and submit comments.
Feasibility of Implementing REC Import Regulations
The Act requires DOER to determine whether it is feasible to implement two provisions, subsections 105(c) and (e), governing the eligibility for RECs of renewable energy imported into ISO-NE. Subsection 105(c) would require a renewable energy generating source to commit its capacity in order to be eligible for RECs. Subsection 105(e) would calculate the RECs a generator or affiliate may claim by subtracting any energy exported from ISO-NE. DOER must determine by November 1, 2008 whether it is feasible to implement these provisions and, if it makes such a determination, propose regulations for implementing those subsections.
DOER is currently accepting comments on the feasibility of implementing subsections 105(c) and (e). All comments must be submitted in PDF format via email by October 1, 2008 and will be posted online. Stakeholders are invited to review the comments of others and submit rebuttal comments during this same period.
Regulations Governing Class I and Class II RPS Programs
Massachusetts’ RPS program, which the Act substantially modified, goes into effect on January 1, 2009. DOER is now conducting an informal determination of what amendments to existing regulations will be needed in order to implement the new Class I and Class II RPS. Stakeholders are invited to submit written comments through October 15, 2008.
Stakeholders are asked to submit separate comments on Class I and Class II RPS. Comments related to Class I RPS should be sent to this email address, and will be posted online here. Comments related to Class II RPS should be sent to this email address and will be posted online here. All comments must be sent in PDF format.
Regulations Governing APS Program
DOER is inviting stakeholders to submit comments related to implementing the APS program, which is a new obligation for electricity suppliers created by the Act. In advance of the formal process for promulgating regulations, DOER is engaging in an informal review of the issues that will need to be addressed by its regulations. Stakeholders are invited to participate in this informal process by submitting comments through October 15, 2008.
As with comments related to REC imports and the RPS programs, DOER is requiring that all comments on the APS program be submitted via email in PDF format. Comments will be posted online so that stakeholders may review the comments of others when formulating their own.