225 CMR 16.00 — Alternative energy portfolio standard (APS)

225 CMR: DEPARTMENT OF ENERGY RESOURCES 225 CMR 16.00:ALTERNATIVE ENERGY PORTFOLIO STANDARD (APS) Section 16.01: Purpose 16.02: Definitions 16.03: Administration 16.04: Applicability 16.05: Eligibility Criteria for APS Alternative Generation Units 16.06: Statement of Qualification Process for APS Alternative Generation Units 16.07: Alternative Energy Portfolio Standard 16.08: Compliance Procedures for Retail Electricity Suppliers 16.09: Annual Compliance Filings for Retail Electricity Suppliers 16.10: Reporting Requirements 16.11: Inspection 16.12: Non-compliance 16.13: Severability

225 CMR 16.00 Alternative energy portfolio standard (APS)

16.01 Purpose

16.01: Purpose The purpose of 225 CMR 16.00 is to establish requirements for every Retail Electricity Supplier to provide a minimum percentage of kilowatt-hour sales, as determined by the Department, to End-use Customers in the commonwealth from alternative energy generating sources, which include Combined Heat and Power; Flywheels; Efficient Steam Technology; facilities generating Useful Thermal Energy using sunlight, biomass, biogas, liquid biofuel, or waste-to-energy; Fuel Cell Generation Units; or any other alternative energy technology approved by the department under an administrative proceeding conducted under M.G.L. c. 30A.

16.02 Definitions

16.02: Definitions Aggregation. A group of one or more Generation Units that receives a single Statement of Qualification from the Department under criteria and procedures set forth in 225 CMR 16.05(3). Alternative Compliance Credit. A credit obtained by a Retail Electricity Supplier upon making an Alternative Compliance Payment. Such credit may be used to document compliance with 225 CMR 16.07. One unit of credit shall be equivalent to the APS Alternative Generation Attribute associated with one MWh of electrical energy output, or with the equivalent of such output as provided in 225 CMR 16.05(1)(a)2.c. and 225 CMR 16.05(1)(a)3., from an APS Alternative Generation Unit. Alternative Compliance Payment (ACP). A payment of a certain dollar amount per MWh, resulting in the issuance of Alternative Compliance Credits, which a Retail Electricity Supplier may submit to the Department in lieu of providing APS Alternative Generation Attributes required under 225 CMR 16.07. APS Alternative Generation. The energy output of an APS Alternative Generation Unit, or the equivalent of such output as provided in 225 CMR 16.05(1)(a)2.b., 225 CMR 16.05(1)(a)3.b., and 225 CMR 16.05(1)(a)6.b. or that portion of the energy output of an Alternative Generation Unit that qualifies under a Co-firing Waiver pursuant to 225 CMR 16.05(2) or under any other applicable provision of 225 CMR 16.00. APS Alternative Generation Attribute (Attribute). The Generation Attribute of the energy output, or the equivalent of such output as provided in 225 CMR 16.05(1)(a)2.b., 225 CMR 16.05(1)(a)3., and 225 CMR 16.05(1)(a)6.b. of a specific APS Alternative Generation Unit that derives from the Generation Unit's production of APS Alternative Generation. APS Alternative Generation Unit. A Generation Unit or Aggregation that has received a Statement of Qualification from the Department. APS Ineligible Energy Source. Any of the following fuels and energy sources, whose use is not eligible for APS Alternative Energy Attributes: ( Mass. Register #1394 6/28/19)

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16.02: continued (a) coal; (b) petroleum coke; (c) oil, other Petroleum Products as defined in M.G.L. c. 25A, § 3, and other petroleum- derived materials; (d) natural gas, except when used in Combined Heat and Power or fuel cell technology; (e) Construction and Demolition Waste as defined in 310 CMR 19.006: Definitions including, but not limited to, chemically-treated wood; and (f) nuclear power. APS Renewable Thermal Generation Unit. An APS Alternative Generation Unit or Aggregation that uses one of the technologies provided in 225 CMR 16.05(1)(a)6.a. to generate Useful Thermal Energy and has received a Statement of Qualification from the Department. Business Day. A business day shall mean Monday through Friday, exclusive of state and federal legal holidays. Certificates Obligation. A term defined in the NEPOOL GIS Operating Rules at Rule 4.1(b). Clean Wood. Means Clean Wood as defined in 310 CMR 19.006: Definitions. Combined Heat and Power (CHP). The generation of electrical and Useful Thermal Energy in a single integrated system. Commercial Operation Date. The date that a Generation Unit first produces electrical energy for sale within the ISO-NE Control Area. In the case of a Generation Unit that is connected to the End-use Customer's side of the electric meter or produces Off-grid Generation, the date that such Generation Unit first produces electrical energy. In the case of an APS Renewable Thermal Generation Unit, the Commercial Operation Date is the date that such APS Renewable Thermal Generation Unit first produces Useful Thermal Energy. Compliance Filing. A document filed annually by a Retail Electricity Supplier with the Department documenting compliance with 225 CMR 16.07, consistent with the format set forth in the Guidelines and submitted no later than the first day of July, or the first Business Day thereafter, of the subsequent Compliance Year. Compliance Year. A calendar year beginning January 1 and ending December 31, for which stst a Retail Electricity Supplier must demonstrate that it has met the requirements of 225 CMR 16.07 and 16.08. Control Area. A geographic region in which a common generation control system is used to maintain scheduled interchange of electrical energy within and without the region. DCR. The Massachusetts Department of Conservation and Recreation (DCR) established by M.G.L. c. 21, § 1. Dedicated Energy Crops. Crops grown for the purpose of producing fuel, provided that such crops are not grown on land that sequestered significant amounts of carbon, such as a forest, and provided that such land does not have the economic potential to support production of any other agricultural crop grown for human consumption. Department. The Massachusetts Department of Energy Resources (DOER), established by M.G.L. c. 25A, § 1. Efficient Steam Technology. (Reserved) Eligible Biogas Fuel. A gaseous fuel that is produced by the contemporaneous bacterial decomposition or thermal gasification of Eligible Biomass Fuel. Eligible Biogas Fuel does not include natural gas, but does include renewable natural gas which is Eligible Biogas Fuel upgraded to a quality similar to natural gas.

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16.02: continued Eligible Biomass Fuel. Fuel sources consisting of the following: (a) Eligible Biomass Woody Fuel; (b) Dedicated Energy Crops; (c) Manufactured Biomass Fuel; (d) Eligible Biogas Fuel; (e) by-products or waste from animals or agricultural crops; (f) food or vegetative material; (g) algae; (h) organic refuse derived fuel; and (i) Eligible Liquid Biofuel. Eligible Biomass Woody Fuel. Woody fuels that are derived from the following sources, consistent with the requirements of 225 CMR 16.05(4)(g): (a) Forest-derived Residues (Residues): 1.Tops, crooks and other portions of trees produced as a by-product and trees collaterally damaged during the normal course of harvesting material, such as timber, pulpwood or cordwood in the implementation of a silvicultural prescription as administered by a licensed or certified forester as prescribed in the Department's Guideline on Biomass, Biogas, and Biofuels for Eligible Renewable Thermal Generation Units. 2. Trees and portions of trees harvested for the purpose of the restoration and management of habitat for rare and endangered species as listed by the Massachusetts Division of Fisheries and Wildlife. Qualifying harvest areas must be approved by the Massachusetts Division of Fisheries and Wildlife Natural Heritage Program. 3. Other woody vegetation that interferes with regeneration or the natural growth of the forest, limited to locally invasive native species and non-native invasive woody vegetation. (b) Forest-derived Thinnings (Thinnings):

Unacceptable growing stock which is defined as trees considered structurally weak or have low vigor and do not have the potential to eventually yield an eight foot saw log or survive for at least the next ten years.
Trees removed during thinning operations, the purpose of which is to reduce stand density and enhance diameter growth and volume of acceptable growing stock within the residual stand. (c) Forest Salvage:
Damaged, dying, or dead trees removed due to injurious agents, such as wind or ice storms or the spread of invasive epidemic forest pathogens, insects and diseases or other epidemic biological risks to the forest, but not removed due to competition. Such eligible trees may be removed without limitation for biomass fuel, only if the injurious agent is a threat to forest health or risk to private or public resources, and if the United States Department of Agriculture Animal and Plant Health Inspection Service, the United States Department of Agriculture Forest Service, or appropriate federal or state governmental agency has issued a declaration, rule, or order declaring a major threat to forest health or risk to private or public resources.
Trees removed to reduce fire hazard within fire-adapted forest ecosystems, as certified by a letter to the Department from the state agency responsible for forestry in consultation with the appropriate environmental state agencies. (d) Non-forest-derived Residues:
Forest Products Industry: Residues derived from wood products manufacturing consisting of Clean Wood.
Land Use Change ! Agricultural: Trees cut or otherwise removed in the process of converting forest land to agricultural usage, either for new or restored farm land.
Wood Waste: Pruned branches, stumps, and whole trees removed during the normal course of maintenance of public or private roads, highways, driveways, utility lines, rights of way, and parks.
Agricultural Wood Waste: Pruned branches, stumps, and whole trees resulting from maintenance activities directly related to the production of an agricultural product.

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16.02: continued Eligible Liquid Biofuel. A liquid fuel that is derived from organic waste feedstocks. Organic waste feedstock shall include, but not be limited to, waste vegetable oils, waste animal fats, or grease trap waste. Eligible Liquid Biofuel shall not include petroleum-based waste or Hazardous Waste as defined in 310 CMR 40.0006: Terminology, Definitions, and Acronyms, unless otherwise determined by the MassDEP. End-use Customer. A person or entity in Massachusetts that purchases electrical energy at retail from a Retail Electricity Supplier, except that a Generation Unit taking station service at wholesale from ISO-NE or self-supplying from its owner's other generating stations, shall not be considered an End-use Customer. Flywheel. A device used to store rotational kinetic energy. Fuel Cell Generation Unit. A device that uses Hydrogen as a fuel in an electro-chemical reaction to produce electricity, thermal energy, and water. Generation Attribute. A non-price characteristic of the energy output of a Generation Unit including, but not limited to, the Unit's fuel type, emissions, vintage and APS eligibility. Generation Unit. A facility that converts a fuel or an energy resource into electrical energy, thermal energy, or both. GIS Certificate. An electronic record produced by the NEPOOL GIS that identifies Generation Attributes of each MWh accounted for in the NEPOOL GIS. Guidelines. A set of clarifications, interpretations, and procedures, including forms, developed by the Department to assist in compliance with the requirements of 225 CMR 16.00. The Department may issue new or revised Guidelines, after a public comment period. Each Guideline shall be effective on its date of issuance or on such date as specified, except as otherwise provided in 225 CMR 16.00. International Association of Plumbing and Mechanical Officials (IAPMO). The International Association of Plumbing and Mechanical Officials is a nonprofit, accredited standards developer and certification body which rates and certifies solar heating collectors and systems. Incremental Electrical Energy. Electrical energy generated by a CHP Unit that is either greater than (expressed as a positive amount) or less than (expressed as a negative amount) the electrical energy generated by the CHP Unit prior to the addition of new electric generation nameplate capacity, Useful Thermal Energy, or Incremental Useful Thermal Energy. Incremental Fuel. The amount of additional fuel used by a CHP Generation Unit which is attributable to the production of Incremental Useful Thermal Energy or Incremental Electrical Energy. Incremental Useful Thermal Energy. Useful Thermal Energy produced by a CHP Unit that is distinct in its final distribution, beneficial measure, and metering from Useful Thermal Energy previously produced by the CHP Unit, but only to the extent that the Incremental Useful Thermal Energy does not reduce the Useful Thermal Energy previously produced. ISO-NE. ISO New England Inc., the independent system operator for New England, the regional transmission organization for most of New England, which is authorized by the Federal Energy Regulatory Commission (FERC) to exercise for the New England Control Area the functions required pursuant to the FERC's Order No. 2000. ISO-NE Settlement Market System. The ISO-NE's electronic database system into which all real-time load and generation data are entered and from which such data are provided to the NEPOOL GIS.

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16.02: continued Manufactured Biomass Fuel. A biomass fuel that is prepared, other than by means of fuel drying, through a fuel processing facility that is separate from a Generation Unit and that utilizes Eligible Biomass Woody Fuel for production. Examples include, but are not limited to, the mechanical production of wood pellets or bio-dust, and the refinement of bio-oil through pyrolysis. Massachusetts Clean Energy Technology Center (MassCEC). The center established by M.G.L. c. 23J, § 2. MassDEP. The Massachusetts Department of Environmental Protection established by M.G.L. c. 21A, § 7. Megawatt-hour (MWh). A unit of electrical energy or work equivalent to one million watts of power operating for one hour, or for the purpose of thermal energy, a unit of energy equal to 3,412,000 British Thermal Units (Btu). NEPOOL GIS. The NEPOOL Generation Information System, which includes a generation information database and certificate system, operated by the New England Power Pool (NEPOOL), its designee, or successor entity that accounts for Generation Attributes of electrical energy consumed within, imported into, or exported from the ISO-NE Control Area. North American Electric Reliability Council (NERC) Tag. An identification of an electrical energy interchange transaction assigned in accordance with rules set forth by the North American Electric Reliability Council. Off-grid Generation. The electrical energy produced by a Generation Unit that is not connected to a utility transmission or distribution system. Operator. Any person or entity who has charge or control of a Generation Unit subject to 225 CMR 16.00, including without limitation a duly authorized agent or lessee of the Owner, or a duly authorized independent contractor. Owner. Any person or entity who, alone or in conjunction with others, has legal ownership, a leasehold interest, or effective control over the real property or property interest upon which a Generation Unit is located, or the airspace above said real property including, without limitation, a duly authorized agent of the Owner. For the purposes of 225 CMR 16.02, Owner does not mean a person or entity holding legal title or security interest solely for the purpose of providing financing. Retail Electricity Product. An electrical energy offering that is distinguished by its Generation Attributes and that is offered for sale by a Retail Electricity Supplier to End-use Customers. Retail Electricity Supplier. A person or entity that sells electrical energy to End-use Customers in Massachusetts including, but not limited to, electric utility distribution companies supplying basic service or any successor service to End-use Customers. A Municipal Lighting Plant shall be considered a Retail Electricity Supplier; however, it shall be exempt from the obligations of a Retail Electricity Supplier under 225 CMR 16.00 so long as and insofar as it is exempt from the requirements to allow competitive choice of generation supply pursuant to M.G.L. c. 164, § 47A. Solar Rating and Certification Corporation (SRCC). The Solar Rating and Certification Corporation is a nonprofit organization with the primary goal to develop and implement national rating standards and certification programs for solar energy equipment. Statement of Qualification (SQ). A written document from the Department that qualifies a Generation Unit or Aggregation as an APS Alternative Generation Unit, or that qualifies a portion of the energy output of a Generation Unit or Aggregation as APS Alternative Generation.

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16.02: continued Sustainable Forestry Management. Practicing a land stewardship ethic that integrates the reforestation, managing, growing, nurturing, and harvesting of trees for useful products with the conservation of soil, air and water quality, wildlife and fish habitat, and aesthetics and the stewardship and use of forests and forest lands in a way, and a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality, and potential to fulfill, now and in the future, relevant ecological, economic, and social functions at local, national, and global levels, and that does not cause damage to other ecosystems. Criteria for sustainable forestry include: (a) conservation of biological diversity; (b) maintenance of productive capacity of forest ecosystems; (c) maintenance of forest ecosystem health and vitality; (d) conservation and maintenance of soil and water resources; (e) maintenance of forest contributions to global carbon cycles; (f) maintenance and enhancement of long-term multiple socioeconomic benefits to meet the needs of societies; and (g) a legal, institutional, and economic framework for forest conservation and sustainable management. Thermal Waste-to-energy Generation Unit. A Generation Unit that utilizes conventional municipal solid waste plant technology in commercial use to generate Useful Thermal Energy and was in operation as of January 1, 2016. Useful Thermal Energy. Energy in the form of direct heat, steam, hot water, hot air, or other thermal form that is used in the production and beneficial measures of heating, cooling, humidity control, process use, or other valid thermal end use energy requirements, for which fuel or electricity would otherwise be consumed. Valid Air Permit. Within the United States, a current and effective authorization, license, certificate, or like approval to construct and/or operate a source of air pollution, issued or required by the regulatory agency designated in the applicable State Implementation Plan to issue permits under the Clean Air Act, 42 U.S.C. §§ 7401, et seq. In jurisdictions outside of the United States, it shall be a document demonstrating an equivalent authorization.

16.03 Administration

16.03: Administration 225 CMR 16.00 shall be administered by the Department.

16.04 Applicability

16.04: Applicability 225 CMR 16.00 applies to Retail Electricity Suppliers and to the Owners or Operators of APS Alternative Generation Units.

16.05 Eligibility Criteria for APS Alternative Generation Units

16.05: Eligibility Criteria for APS Alternative Generation Units (1) Eligibility Criteria. A Generation Unit may qualify as an APS Alternative Generation Unit subject to the limitations in 225 CMR 16.05. (a) Technologies. The Generation Unit shall use one or more of the technologies listed in 225 CMR 16.05(1)(a)1. through 6.

Gasification. This technology is no longer eligible because it was eliminated pursuant to M.G.L. c. 25A, § 11F½.
Combined Heat and Power. A Generation Unit that is operated to produce Combined Heat and Power may qualify as an APS Alternative Generation Unit, subject to the limitations in 225 CMR 16.05(1)(a)2. a. CHP Metering and Reporting Requirements. A CHP Unit shall provide for the metering of electrical energy generated, Useful Thermal Energy produced, and fuel consumed; for calculating the net quantity of MWh for which Alternative Energy Attributes are qualified, and for reporting to the NEPOOL GIS of that net qualified MWh quantity in a manner prescribed in 225 CMR 16.05(1)(c), for each quarter of the Compliance Year. Monitoring, reporting, and calculating of electrical energy and Useful Thermal Energy produced in that quarter shall be expressed in MWh, and the total of all fuel and any other energy consumed in that quarter is calculated using the energy content of the fuel based on higher heating value.

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16.05: continued b. Determination of APS Alternative Energy Attributes. The Generation Unit shall be provided APS Alternative Energy Attributes as specified in 225 CMR 16.05(1)(a)2.b. i. A CHP Unit which produced neither electrical nor Useful Thermal Energy before January 1, 2008, shall be provided APS Alternative Energy Attributes equal to the result, if positive, of the following calculation: take the sum of: (i) the electrical energy generated divided by the overall efficiency of electrical energy delivered to the end-use from the electrical grid (which efficiency is equal for this purpose to 0.33); and (ii) the Useful Thermal Energy divided by the overall efficiency of thermal energy delivered to the end-use from a standalone heating unit (which efficiency is equal for this purpose to 0.80); and subtract from this sum the total of all fuel and any other energy consumed by the CHP Unit in that quarter expressed in MWh and calculated using the energy content of the fuel based on its higher heating value. ii. A CHP Unit which produced either or both electrical and Useful Thermal Energy before January 1, 2008, and added either or both Incremental Useful Thermal Energy or Incremental Electrical Energy after such date, shall be provided APS Alternative Energy Attributes equal to the result, if positive, of the following calculation: take the sum of: (i) the Incremental Electrical Energy generated divided by the overall efficiency of electrical energy delivered to the end-use from the electrical grid (which efficiency is equal for this purpose to 0.33); and (ii) the Incremental Useful Thermal Energy divided by the overall efficiency of thermal energy delivered to the end-use from a standalone heating unit (which efficiency is equal for this purpose to 0.80); and subtract from this sum the total of all Incremental Fuel and any other incremental energy consumed by the CHP Unit in that quarter expressed in MWh and calculated using the energy content of the fuel based on its higher heating value. c. Energy Deliverability Requirement. The CHP Unit shall deliver Useful Thermal Energy to an end-use load located in the Commonwealth of Massachusetts. 3. Flywheel Storage Unit. A Flywheel Storage Unit that stores and discharges electrical energy may qualify as an APS Alternative Generation Unit, subject to the limitations in 225 CMR 16.05(1)(a)3. a. The Flywheel Storage Unit must participate in the ISO-NE regulation market. b. The portion of the electrical energy output of a Flywheel Storage Unit that may qualify for APS Alternative Generation shall be calculated each quarter of the Compliance Year as 65% of the electrical energy discharged from the Flywheel Storage Unit during the quarter. c. The electrical energy output, the calculation made to derive the net quantity of MWh for which Alternative Energy Attributes are qualified and that net MWh quantity shall be reported to the NEPOOL GIS as specified in 225 CMR 16.05(1)(c). 4. Paper-derived Fuel. This technology is no longer eligible because it was eliminated pursuant to M.G.L. c. 25A, § 11F½. 5. Efficient Steam Technology. (Reserved) 6. APS Renewable Thermal Generation Unit. A Generation Unit that uses one or more of the technologies provided in 225 CMR 16.05(1)(a)6.a. and generates Useful Thermal Energy may qualify as an APS Alternative Generation Unit, subject to the limitations in 225 CMR 16.05(1)(a)6.a. and the provisions in 225 CMR 16.05(4). a. Eligible APS Renewable Thermal Generation Unit technologies and standards: i. Air-source Heat Pump. An air-source heat pump Generation Unit uses compression and evaporation to transfer thermal energy from the ambient outdoor environment to a thermal load as Useful Thermal Energy. The Generation Unit must be designed to operate effectively in cold climates, such that the air-source heat pump provides meaningful net annual reductions in conventional energy use. Air-source heat pumps are provided APS Alternative Energy Attributes only when operating in a heating mode; that is, when transferring thermal energy from

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16.05: continued the ambient outdoor environment to a thermal load. An applicant must demonstrate to the satisfaction of the Department that the air-source heat pump is the primary source of heating for the residential Generation Unit, building, or process it serves, and meets the design criteria, as provided in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units. ii. Ground Source Heat Pump. A ground source heat pump Generation Unit uses compression and evaporation to transfer thermal energy from the ambient underground or water environment to a thermal load as Useful Thermal Energy. The Generation Unit must receive all applicable permits, approvals, and registrations from the MassDEP. An applicant must demonstrate to the satisfaction of the Department that it meets the design criteria, as provided in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units. Ground or water-source heat pumps are provided APS Alternative Energy Attributes only when operating in a heating mode; that is, when transferring thermal energy from the ambient underground or water environment to a thermal load. iii. Deep Geothermal Heat Exchange. A deep geothermal heat exchange Generation Unit uses hot geological formations deep below the ground surface to produce heat through direct heat exchange. The Generation Unit must receive all applicable permits, approvals, and registrations from the MassDEP, and must demonstrate to the Department it can operate at or above minimum performance requirements as provided in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units. iv. Solar Thermal. A solar thermal Generation Unit uses collectors, to transfer solar irradiation energy to a working fluid, as well as a pump or fan to actively circulate the air, water, or other working fluid through the collectors. Solar thermal collectors must have a performance certification issued by the Solar Rating and Certification Corporation, International Association of Plumbing and Mechanical Officials, or other performance certification approved by the Department. Unglazed flat plate collectors for pool heating are not eligible to qualify as an APS Renewable Thermal Generation Unit. v. Woody Biomass. A woody biomass Generation Unit must use automatically fed boilers or furnaces, and must utilize either Eligible Biomass Woody Fuel, or bio-oil refined through pyrolysis or biogas derived from Eligible Biomass Woody Fuel. Woody biomass Generation Units must meet the provisions regarding efficiency, system performance, use of thermal energy storage, particulate matter and carbon monoxide emissions, fuel supply sustainability, fuel quality, and greenhouse gas emissions in 225 CMR 16.06(4)(g). and the Department's Guideline on Biomass, Biogas and Biofuels for Eligible Renewable Thermal Generation Units, as well as receive all applicable permits from the MassDEP. vi. Biogas. A biogas Generation Unit uses Eligible Biogas Fuel derived from either an Anaerobic Digester, as that term is defined in 310 CMR 7.70(10)(b): Definitions, or a landfill that has received all applicable permits from the MassDEP or comparable environmental agency responsible for regulating such facilities. Eligible Biogas Fuel must be conveyed directly from its source to the biogas Generation Unit in a dedicated pipeline. Biogas Generation Units may co-fire with other fuels subject to the provisions in 225 CMR 16.05(2), and must meet quality and performance criteria provided in the Department's Guideline on Biomass, Biogas and Biofuels for Eligible Renewable Thermal Generation Units. vii. Liquid Biofuels. A liquid biofuel Generation Unit must use Eligible Liquid Biofuels. Liquid biofuel Generation Units may co-fire with other fuels subject to the provisions in 225 CMR 16.05(2), but shall contain at least 10% by volume Eligible Liquid Biofuel. The liquid biofuels Generation Unit must meet quality and performance criteria provided in the Department's Guideline on Biomass, Biogas and Biofuels for Eligible Renewable Thermal Generation Units, must receive all applicable permits from the MassDEP, and is subject to the provisions in 225 CMR 16.05(4)(f).

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16.05: continued viii. Compost Heat Exchange System. A Generation Unit that uses a facility to recover or exchange heat from the aerobic biodegradation of organic matter during the production of compost. b. Determination of APS Alternative Generation Attributes. Each Generation Unit listed in 225 CMR 16.05(1)(a)6. shall earn APS Alternative Energy Attributes as specified in 225 CMR 16.05(1)(a)6.b., 225 CMR 16.05(4), and in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units, as follows: i. An APS Renewable Thermal Generation Unit shall earn APS Alternative Energy Attributes for each MWh of net Useful Thermal Energy generated on a quarterly basis. ii. Earned APS Alternative Energy Attributes shall be for the generation of Useful Thermal Energy, net of any fossil fuel energy and electrical energy input to the APS Renewable Thermal Generation Unit necessary for its operation, however, the Department may exclude small energy uses including, but not limited to, fans, pumps, meters, controls, and data collection. The Department shall prescribe the calculations for netting energy input from the Useful Thermal Energy in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units. iii. Notwithstanding 225 CMR 16.05(1)(a)6.b.i., APS Alternative Energy Attributes for an APS Renewable Thermal Generation Unit that meets the criteria of a small Generation Unit, as defined in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units, may be pre-minted in one calendar quarter in a quantity equal to the APS Alternative Generation Attributes that the small Generation Unit is deemed to generate over its qualification period; as prescribed in 225 CMR 16.05(4)(c). c. Energy Deliverability Requirement. An APS Renewable Thermal Generation Unit shall deliver Useful Thermal Energy to an end-use load located in the Commonwealth of Massachusetts. d. Combination of Funding. If a Generation Unit receives funding in an amount exceeding 80% of the Generation Unit's total construction and installation costs from a grant or incentive program administered by the Department or any other state agency prior to December 29, 2017, the Generation Unit shall not be eligible to qualify in the APS. 7. Fuel Cell. A Fuel Cell Generation Unit that produces electricity and/or Useful Thermal Energy may qualify as an APS Alternative Generation Unit, subject to the limitations in 225 CMR 16.05(1)(a)7. a. Source of Hydrogen. A Fuel Cell Generation Unit that uses hydrogen generated through the use of propane shall be required to certify that the propane was manufactured using only natural gas. b. Overall Efficiency. To qualify as an APS Alternative Generation Unit, a Fuel Cell Generation Unit shall be more efficient than the current average for emitting locational marginal units as based on the heat rates for these units shown in the most recent ISO-NE Electric Generator Air Emissions Report available in the same year in which a Fuel Cell Generation Unit submits an SQA. A Fuel Cell Generation Unit that generates both electricity and Useful Thermal Energy must have an overall efficiency of at least 55%. The overall efficiency of a Fuel Cell Generation Unit shall be calculated as the sum of the MWh of electricity generated, excluding any electricity utilized for parasitic load, plus the MWh of Useful Thermal Energy, divided by the total higher heating MWh value of fuel consumed by the Fuel Cell Generation Unit. Supporting operating data, confirming that the Fuel Cell Generation Unit continues to meet the Overall Efficiency requirement in 225 CMR 16.06(1)(a)7.b., must be submitted to the Department on an annual basis in order for the Fuel Cell Generation Unit to maintain its Statement of Qualification. c. Attribute Multiplier. A Fuel Cell Generation Unit shall earn 1½ APS Alternative Energy Attributes for each MWh of electricity and/or 3,412,000 British thermal units of net Useful Thermal Energy generated. A Fuel Cell Generation Unit shall retain the multiplier, provided at its time of qualification, as long as it continues to meet all other applicable eligibility criteria in 225 CMR 16.05.

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16.05: continued d. Metering Requirements. The net energy output from a Fuel Cell Generation Unit shall be metered according to the specifications in the Department's Guideline on Metering and Calculating the Energy Output of Eligible Fuel Cell Generation Units and verified by an independent Third Party Meter Reader, as defined in Rule 2.5(j) of the NEPOOL GIS Operating Rules and approved by the Department. The APS Alternative Generation Attributes reported to the NEPOOL GIS by an independent Third Party Meter Reader shall be the amount that is qualified for Alternative Energy Attributes, as specified in 225 CMR 16.05. This amount will be inclusive of the application of any multiplier provided in 225 CMR 16.05(1)(a)7.c. 8. Thermal Waste-to-energy. A Thermal Waste-to-energy Generation Unit may qualify as an APS Alternative Generation Unit and shall be metered according to the specifications in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units. (b) Commercial Operation Date. With the exception of Thermal Waste-to-energy Generation Units, an APS Alternative Generation Unit's Commercial Operation Date shall be on or after January 1, 2008, however, for an APS Renewable Thermal Generation Unit, the Commercial Operation Date shall be on or after January 1, 2015, and for a Fuel Cell Generation Unit, the Commercial Operation Date shall be on or after January 1, 2017. (c) Metering. Except as provided in 225 CMR 16.05(4)(b), the APS Alternative Generation from a Generation Unit shall be verified by an independent verification system or person participating in the NEPOOL GIS accounting system as an independent Third Party Meter Reader, as defined in Rule 2.5(j) of the NEPOOL GIS Operating Rules, or any successor rule, and approved by the Department. The APS Alternative Generation reported to the NEPOOL GIS by a Third Party Meter Reader shall be the net amount that is qualified for Alternative Energy Attributes, as specified in 225 CMR 16.05. (d) Location. The Generation Unit must be located within the ISO-NE Control Area, except where otherwise specified in 225 CMR 16.00, and subject to the limitations in 225 CMR 16.05(1)(d).

Off-grid Generation. If the Generation Unit produces Off-grid Generation, such Unit must be located in Massachusetts.
Behind-the-meter Generation. If the Generation Unit is wired to the electrical system on the End-use Customer's side of a retail electric meter, such Unit must be interconnected to the electric grid in Massachusetts. (e) Net Carbon Dioxide Emissions Rate. A Generation Unit that generates electricity shall not exceed a net site carbon dioxide emissions rate equal to the average emissions rate of the current average value for emitting locational marginal units as shown in the most recent ISO-NE Electric Generator Air Emissions Report available in the same year in which an SQA is submitted for the Generation Unit. In quantifying the net site carbon dioxide emissions, the emissions attributable to any site fuel consumption displaced by the Useful Thermal Energy generated by the Generation Unit is to be subtracted from the emissions due to the direct consumption of fuel by the Generation Unit. The monitoring, calculation, and reporting of the net carbon dioxide emissions rate shall be subject to verification by an independent consultant acceptable to the Department and, in consultation with the MassDEP and at the expense of the Unit's Owner or Operator. An APS Renewable Thermal Generation Unit using Eligible Biomass Fuel shall not be subject to the net carbon dioxide emissions rate in 225 CMR 16.06(1)(e), but instead subject to the net greenhouse gas emission requirement in 225 CMR 16.06(4)(i). (f) Eligibility of RPS Class I Renewable Generation Units, and RPS Class II Renewable Generation Units. A Generation Unit that is qualified as an RPS Class I Renewable Generation Unit pursuant to 225 CMR 14.00: Renewable Energy Portfolio Standard — Class I or as an RPS Class II Renewable Generation Unit pursuant to 225 CMR 15.00: Renewable Energy Portfolio Standard – Class II may also be qualified as an APS Alternative Generation Unit provided it meets all eligibility criteria in 225 CMR 16.00. (g) Reclassification of APS Alternative Generation Units. An APS Alternative Generation Unit that meets the eligibility to qualify more than one type of APS Alternative Generation Unit shall only qualify as one type of APS Alternative Generation Unit, which the Owner shall designate in its Statement of Qualification Application. An APS Alternative Generation Unit shall have the option to switch the type of APS Alternative Generation Unit for which it has received a Statement of Qualification one time during the duration of its qualification period.

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued (2) Co-firing Waiver. A portion of the electrical energy or Useful Thermal Energy output of a Generation Unit that uses an APS Ineligible Energy Source with another fuel may qualify as APS Alternative Generation provided the Generation Unit meets the eligibility requirements of 225 CMR 16.05, subject to the limitations in 225 CMR 16.05(2). (a) The percentage of the total electrical energy or Useful Thermal Energy output that qualifies as APS Alternative Generation in a given time period shall be equal to one minus the ratio of the net heat content of the APS Ineligible Energy Source consumed to the net heat content of all fuel consumed in that time period. (b) If co-firing an APS Ineligible Energy Source with another fuel, the entire Generation Unit must demonstrate to the satisfaction of the Department in consultation with the MassDEP that the Unit meets or will meet the emission performance standards, including the net carbon dioxide emissions rate, that are or would be required by the MassDEP for comparably-fueled Units within Massachusetts, including the standards specified for the technology type of the Unit as set forth in 225 CMR 16.05(1)(a) and (e). The Department may require the Generation Unit Owner or Operator to retain at its own expense a third-party consultant deemed satisfactory to the Department, to provide DOER and the MassDEP with assistance in determining whether this criterion is or will be met by the Unit. (c) The Generation Unit must provide a fuel supply plan that specifies each and every fuel that it intends to use, in what relative proportions in co-firing, and with what individual input heat values. Such plan shall include the procedures by which the Unit will document to the satisfaction of the Department its compliance with the plan. (d) The provisions of 225 CMR 16.05(2) shall not apply to the incidental use of an APS Ineligible Energy Source solely for the purpose of cold starting a Generation Unit that otherwise exclusively uses other fuels. (3) Special Provisions for Aggregations. An Aggregation of Generation Units that are located behind the customer meter or that are Off-grid Generation Units, each of which could independently meet the relevant requirements of 225 CMR 16.05, may receive a single SQ and be treated as a single APS Alternative Generation Unit under the following criteria and procedures: (a) Each Generation Unit in such Aggregation must use the same technology as all other Units in the Aggregation. (b) Each of the Owners or Operators of Generation Units within the Aggregation must enter into an agreement with a person or entity that serves as the Authorized Agent for the Aggregation in all dealings with the Department and with the NEPOOL GIS, and such agreement must include procedures by which the electrical energy output and, in the case of a CHP Unit, the Useful Thermal Energy output and fuel input, of each Unit shall be monitored and reported to the NEPOOL GIS. (c) The Authorized Agent of the Aggregation must establish and maintain a Generator account at the NEPOOL GIS under the NEPOOL GIS Operating Rules, including all provisions for Non-NEPOOL Generator Representatives, as that term is defined in Rule 2.1(a)(vi) of the NEPOOL GIS Operating Rules. (d) The electrical energy output, or the Alternative Energy Attribute qualified portion of such output as provided in 225 CMR 16.05(1)(a)2.a., 225 CMR 16.05(1)(a)3., or 225 CMR 16.05(1)(a)6., of each of the Generation Units in the Aggregation must be individually monitored and recorded, and it must be reported to the NEPOOL GIS as part of an aggregated total for the Aggregation, by an independent Third Party Meter Reader as defined in Rule 2.5(j) of the NEPOOL GIS Operating Rules. (4) Special Provisions for APS Renewable Thermal Generation Units. A Generation Unit that meets the eligibility provisions under 225 CMR 16.05(1)(a)6., shall be subject to the following provisions: (a) Size Classification. APS Renewable Thermal Generation Units shall be classified as small, intermediate, or large based on the rated capacity of the system. If an APS Renewable Thermal Generation Unit consists of several individual and separate units, the individual unit's capacities shall be summed and the total capacity will be considered against the size threshold. In the case of a combination of solar thermal technologies and other technologies, the thresholds shall be applied separately to the solar and non-solar units. APS Renewable Thermal Generation Unit size classifications are as follows:

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued ClassificationSmallIntermediateLarge AEC calculation basis Calculated net renewable thermal output Calculated net renewable thermal based on indirect metering Calculated net renewable thermal output based on direct metering of fuel input Metered net renewable thermal output Solar thermal: evacuated tube and flat plate solar hot water Collector surface area less than or equal to 660 sq ft Collector surface area between 660 and 4,000 sq ft -Collector surface area greater than or equal to 4,000 sq ft Solar thermal: solar hot air -Collector surface area less than or equal to 10,000 sq ft -Collector surface area greater than 10,000 sq ft Solar sludge dryer---All Eligible Biomass Fuel --Capacity less than or equal to 1,000,000 Btu per hour Capacity greater than 1,000,000 Btu per hour Compost heat exchange system ---All Air source heat pump: electric motor or engine driven Output capacity less than or equal to 134,000 Btu per hour -Output capacity between 134,000 and 1,000,000 Btu per hour Output capacity greater than or equal to 1,000,000 Btu per hour Ground source heat pump Output capacity less than or equal to 134,000 Btu per hour -Output capacity between 134,000 and 1,000,000 Btu per hour Output capacity greater than or equal to 1,000,000 Btu per hour Deep geothermal---All Small Generation Units shall have the option to be classified as either intermediate or large Generation Units if they wish to forgo pre-minting and instead meter their Useful Thermal Energy as required by the Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units - Part 2 (Metering for Intermediate and Large Generation Units). Intermediate Generation Units shall also have the option to be classified as large Generation Units if they wish to meter their Useful Thermal Energy as required by the Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units - Part 2 (Metering for Intermediate and Large Generation Units). Generation Units which opt to change their size classification must notify the Department in their Statement of Qualification Application and must remain their chosen size classification for the duration of their qualification period. (b) Metering Requirements. The net Useful Thermal Energy output from an APS Renewable Thermal Generation Unit shall be metered according to the specifications in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units and verified by an independent Third Party Meter Reader, as defined in Rule 2.5(j) of the NEPOOL GIS Operating Rules and approved by the Department. The APS Alternative Generation Attributes reported to the NEPOOL GIS by an independent Third Party Meter Reader shall be the amount as specified in 225 CMR 16.05(1)(a)6.b. This amount will be inclusive of any netting of energy use by the APS Renewable Thermal Generation Unit as prescribed in 225 CMR 16.05(1)(a)6.b.iii., and the application of any multiplier in the Department’s Guideline on Multipliers for Renewable Thermal Generation Units.

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued

An APS Renewable Thermal Generation Unit that uses more than one eligible technology in 225 CMR 16.05(1)(a)6.a. is required to use the same independent Third Party Meter Reader for all technologies.
Each APS Renewable Thermal Generation Unit is required to have its own individual NEPOOL GIS asset. An APS Renewable Thermal Generation Unit that uses more than one eligible technology in 225 CMR 16.05(1)(a)6.a. is required to have a NEPOOL GIS asset for each technology. APS Renewable Thermal Generation Units that utilize the same technology and are located in the same state may qualify as an Aggregation and share a NEPOOL GIS asset.
An APS Renewable Thermal Generation Unit that meets the criteria of a small Generation Unit or an intermediate as prescribed in 225 CMR 16.05(1)(b)(ii) shall be exempt from the metering requirements in 225 CMR 16.05(4)(b) and, instead, be subject to the Small and Intermediate Generation Unit Annual Net Useful Thermal Energy Determination in 225 CMR 16.05(4)(c). (c) Small and Intermediate Generation Unit Annual Net Useful Thermal Energy Determination. An APS Renewable Thermal Generation Unit that meets the criteria of a small or intermediate Generation Unit as prescribed in 225 CMR 16.05(4)(a) may have its annual net Useful Thermal Energy generation output determined by a formula or methodology as prescribed in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units. This approximation shall be a reasonable determination by the Department to estimate the net Useful Thermal Energy delivered by the APS Renewable Thermal Generation Unit, specifically considering the APS Renewable Thermal Generation Unit's capacity, performance characteristics, and load application being served. The MassCEC will act as the independent verifier for all small Generation Units and intermediate Generation Units using Eligible Biomass Woody Fuel, and will deploy appropriate and reasonable measures to verify ongoing operation of the small Generation Units in line with their estimated net Useful Thermal Energy generation. (d) Pre-minting of APS Alternative Generation Attributes for Small APS Renewable Thermal Generation Units. An APS Renewable Thermal Generation Unit that meets the criteria of a small Generation Unit as prescribed in the Department's Guideline on Metering and Calculating the Useful Thermal Output of Eligible Renewable Thermal Generation Units may be provided all of its APS Alternative Generation Attributes as follows, the APS Renewable Thermal Generation Unit may have all of the APS Alternative Generation Attributes in 225 CMR 16.05(4)(c) pre-minted as APS Alternative Generation Attributes, and may be minted in the first quarter after the APS Alternative Generation Unit's Statement of Qualification or Commercial Operation Date, whichever is later. The volume of pre-minted APS Alternative Generation Attributes shall be equal to 40 times the quarterly volume of the monthly Attributes determined in 225 CMR 16.05(4)(c). (e) Eligibility Criteria for Small Air Source Heat Pumps. All small air source heat pump Renewable Thermal Generation Units, as prescribed in 225 CMR 16.05(4)(a), must meet all of the following requirements:
be ENERGY STAR™ certified;
meet the Cold Climate Air Source Heat Pump Specification (Version 2.0) published by Northeast Energy Efficiency Partnerships effective January 1, 2017 or any version thereafter;
have a variable speed compressor;
be part of an Air Conditioning, Heating, and Refrigeration Institute matched system; and
have a coefficient of performance greater than or equal to 1.9 at 5°F and a coefficient of performance greater than or equal to 2.5 at 17°F. For new construction, the small air source heat pump Renewable Thermal Generation Unit must supply 100% of the building's total annual heating and cannot have any supplemental, non-renewable heating sources. In retrofit construction or existing buildings, all small air source heat pump Renewable Thermal Generation Units that do not meet the above requirement must be used as the primary source of heat, supply at least 90% of the total annual heating, be integrated to a heating distribution system, capable of distributing produced heat to all conditioned areas of the building, and have a heat-rate capacity at five degrees Fahrenheit that is at least 50% of the nameplate capacity of the existing heating source equipment.

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued (f) Eligibility Criteria for Small Ground Source Heat Pumps. All small ground source heat pumps Renewable Thermal Generation Units, as prescribed in 225 CMR 16.05(4)(a), must meet the following requirements:

be certified to the International Organization for Standards Standard 13256-1 Water-source heat pumps — Testing and rating for performance — Part 1: Water-to-air and brine-to-air heat pumps, 1998 or the International Organization for Standards Standard 13256-2 Water-source heat pumps — Testing and rating for performance — Part 2: Water-to-water and brine-to-water heat pumps, 1998;
have American Heating and Refrigeration Institute rated operating coefficient of performance and operating energy efficiency ratio equal to or greater than the following: Small Ground Source Heat Pump System Type Cooling Energy Efficiency Ratio Heating Coefficient of Performance Closed loop water to air17.13.6 Open loop water to air21.14.1 Closed loop water to water16.13.1 Open loop water to water20.13.5
be installed by licensed contractors and/or plumbers in accordance with the National Electric Code and manufacturer's specifications and must conform to all applicable municipal, state, and federal codes, standards, regulations, and certifications, as well as program requirements;
have blowers that are multi-speed or variable-speed, high-efficiency motors. Motors qualify as energy-efficient if they meet or exceed the efficiency levels listed in the National Electric Manufacturers Association's MG1-1993 publication;
use compressors that are two-stage, multi-speed, or variable-speed drives, unless they are water-to-water units. Single-stage water-to-water systems are eligible, provided they include accumulator tanks with the greater of ten gallons of capacity per heating ton or industry/manufacturer recommended best practice;
for vertically bored closed-loop systems, Generation Units must have a minimum depth of 150 feet per 12,000 Btu per hour of heating load served by the system;
all closed-loop bore grouting must have a grout conductivity equal to or greater than anticipated earth conductivity of the drill site up to one Btu per hour-foot-degree Fahrenheit;
have at least 15 feet of separation between closed-loop bore holes;
must comply with MassDEP Bureau of Resource Protection Drinking Water Program, Guidelines For Ground Source Heat Pump Wells, and Underground Injection Control Program, December 2013;
all open-loop system wells shall be installed in conformance with MassDEP's Private Well Guidelines or MassDEP's Guidelines and Policies for Public Water Systems, whichever is applicable;
all system wells shall be installed in conformance with 313 CMR 3.00: Registration of Well Drillers and Filing of Well Completion Reports;
standing column wells must include bleed circuits and drywells to maximize thermal efficiency based on available water production;
all systems must supply 100% of a building's total annual heating; non-renewable supplemental heat sources are prohibited; and
all closed loop systems must be installed and tested in accordance with subsections 4 and 5 in section 1 of the Closed-Loop/Geothermal Heat Pump Systems, Design and Installation Standards, published by the International Ground Source Heat Pump Association, dated 2017. In lieu of the pressure testing described in subsection five in section one of the above-referenced standard, closed loop systems shall be hydrostatically pressure tested in accordance with ASTM Standard F2164 using the test pressure specified by the design engineer for the system.

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued (g) Restrictions and Standards on the Use of Eligible Biomass Woody Fuel. An APS Renewable Thermal Generation Unit using Eligible Biomass Woody Fuel is subject to the following restrictions:

Feedstock Requirements. An APS Renewable Thermal Generation Unit using Eligible Biomass Woody Fuel must use a minimum percentage of Eligible Biomass Woody Fuel derived from Forest Derived Residues, Forest-derived Thinnings, Forest Salvage, or residues derived from wood products manufacturing consisting of Clean Wood, as defined in the definition of eligible woody biomass fuel in 225 CMR 16.03. The Department shall set the minimum feedstock requirement in the Department's Guideline on Biomass, Biogas, and Biofuel for Eligible Renewable Thermal Generation Units.
Fuel Quality and Unit Control Device Requirements. Generation units shall meet at least one of the following fuel quality specifications: a. A boiler or furnace of less than 3,000,000 Btu per hour rated heat input that utilizes an emission control device (e.g., electrostatic precipitator), subject to the approval of the Department in consultation with MassDEP, does not have to meet the fuel quality specifications in 225 CMR 16.05(4)(g)2.b. The emissions control device shall be designed and operated to ensure that the boiler or furnace does not exceed the applicable particulate matter emission limit in 225 CMR 16.05(4)(g)5. b. A boiler or furnace of less than 3,000,000 Btu per hour rated heat input that does not utilize an emission control device (e.g., electrostatic precipitator) must meet the following fuel quality specifications: Fuel Quality SpecificationsPelletsChips Calorific valueGreater than 8,000 Btu per pound Greater than or equal to 5,500 Btu per pound MoistureLess than or equal to 8%Less than or equal to 35% Ash content by weightLess than or equal to 1%Less than or equal to 1.5% Chip size (percent retained by a ½ inch mesh screen) Not applicable75% or adhere to manufacturer’s protocol ChloridesLess than or equal to 300 parts per million Not applicable c. A boiler or furnace of equal to or greater than 3,000,000 Btu per hour rated heat input must receive a MassDEP plan approval pursuant to 310 CMR 7.02(5), which shall dictate fuel quality specifications.
Sustainable Forestry Management. Forest Derived Residues and Thinnings shall only be sourced from forests meeting Sustainable Forestry Management practices, as independently verified through the attestation of a licensed forester, certified forester, or independent certification.
System Performance. APS Renewable Thermal Generation Units shall meet fuel conversion efficiency and performance standards achievable by best-in-class commercially-feasible technologies, identified in the following table:

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued Performance RequirementPelletsChips Thermal efficiency at nominal output Greater than or equal to 85% Higher Heating Value Greater than or equal to 75% Higher Heating Value or Greater than or equal to 80% Lower Heating Value if EN303-5 is used to verify particulate emissions Start upAdhere to manufacturer’s ignition protocol Modulation/shut offThe system must automatically modulate to lower output and/or turn itself off when the heating load decreases or is satisfied Pressurized portion of the system Compliant with 522 CMR 4.00: Heating Boilers and Other Heat Storage Sources Thermal storageRequired, unless an exception is issued by the Department Fuel storageThe system must have covered bulk storage Feedstock conveyanceThe system must be automatically fed from feedstock storage to the furnace or boiler 5. Thermal Storage. Generation Units shall minimize any significant deterioration of efficiency or air emissions performance due to cycling by applying correctly sized and insulated thermal storage. Thermal storage shall meet the following size thresholds: Lead Boiler System Size (Heat Input) Thermal Storage Required Less than 80,000 Btu per hour80 gallons Between 80,000 Btu per hour and 119,000 Btu per hour one gallon per 1,000 Btu per hour Between 119,000 Btu per hour and 1,000,000 Btu per hour 119 gallons Greater than 1,000,000 Btu per hour two gallons per 1,000 Btu per hour An Owner or Operator of a Generation Unit may apply for an exception from the requirements in 225 CMR 16.05(4)(g)4. if it can demonstrate to the Department that an inclusion of thermal storage would deteriorate the efficiency or air emissions performance of the Generation Unit, or the system can maintain efficiency and air emission performance at low capacity without thermal storage. 6. Emission Performance Standards. APS Renewable Thermal Generation Units shall meet air emission performance standards that are protective of public health, including standards for particulate matter sized 2.5 microns or less and carbon monoxide, as identified in the following table:

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued

A boiler or furnace of less than 3,000,000 Btu per hour rated heat input must meet the

applicable emission limits below:

PollutantPellets/liquid biofuels/biogasChips

2.5

Particulate MatterNo more than 0.08 lb PM

input

per 1,000,000 Btu

2.5

No more than 0.03 lb PM

per 1,000,000 Btu input at

sensitive populations

2.5

No more than 0.10 lb PM per

input

1,000,000 Btu

No more than 0.05 lbs total PM

input

per 1,000,000 Btu if

EN303-5 is used to verify

emissions

2.5

No more than 0.03 lb PM per

input

1,000,000 Btu at sensitive

populations

Carbon monoxideNo more than 270 parts per

million at 7% oxygen

No more than 270 parts per

million at 7% oxygen

A boiler or furnace of greater than or equal to 3,000,000 Btu per hour rated heat

input:

Particulate matter,

carbon monoxide, and

other relevant criteria

pollutants

MassDEP plan approval required, pursuant to 310 CMR 7.02(5).

For the purpose of 225 CMR 16.05(4)(f)5., sensitive populations include schools,

hospitals, nursing homes, or additional facilities determined by the Department.

7. Verification of Eligible Biomass Woody Fuel. In order to verify the use of Eligible

Biomass Woody Fuel, an APS Renewable Thermal Generation Unit shall report the

following to the Department on a quarterly basis:

Supplier of the fuel;
Amount of fuel delivered;
Date of delivery; and
Fuel quality specifications prescribed in 225 CMR 16.05(4)(g)1., including a

certification that any emission control device was operated and maintained in

accordance with the manufacturer's specifications in order to comply with the

applicable particulate matter emission limit in 225 CMR 16.05(4)(g)5.

The Department will review the Department's Guideline on Biomass, Biogas, and

Biofuels for Eligible Renewable Thermal Generation Units every two years in

consultation with the MassDEP and DCR and update the Guideline where appropriate.

The Department will assess the impact of biomass heating on the region's forests in 2018

and 2020, as well as every five years thereafter in coordination with the Forest Impact

Assessment under the Renewable Portfolio Standard Class I, as prescribed in 225 CMR

14.06(8)(b)2., and make changes as necessary. The Department will report annually on

the aggregate woody biomass fuel

(h) Aggregation of Units using Eligible Liquid Biofuels. An APS Renewable Thermal

Generation Unit using Eligible Liquid Biofuels or Eligible Liquid Biofuels blended with

heating oil shall seek qualification as an APS Renewable Thermal Generation Unit only as

part of an Aggregation, as provided for in 225 CMR 16.05(3).

(i) Greenhouse Gas Emission Reduction. APS Renewable Thermal Generation Units

utilizing biomass, biogas, or biofuel shall reduce life-cycle greenhouse gas emissions by at

least 50% compared to a high-efficiency unit utilizing the fuel that is being displaced or for

a new load, a high-efficiency natural gas unit, if natural gas is available at reasonable cost to

the site, or otherwise, the fuel that is most likely to be utilized. The procedures for

calculating whether a Generation Unit meets the 50% reduction can be found in the

Department's Guideline on Biomass, Biogas, and Biofuels for Eligible Renewable Thermal

Generation Units and in the Department's Guideline on Reduction of Greenhouse Gases for

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued Eligible Renewable Thermal Generation Units Using Eligible Woody Biomass. Generation Units that report a percent under-compliance in 225 CMR 16.05(4)(i), shall be placed in a probationary status and the Department shall notify the Owner that its Statement of Qualification shall be revoked at the end of five Compliance Years following the Compliance Year for which the percent under-compliance was reported. The Generation Unit's probationary status shall be rescinded and the Generation Unit's Statement of Qualification shall no longer be subject to revocation if either:

for any three Compliance Years of the probationary period the Generation Unit demonstrates that it is complying with the lifecycle greenhouse gas emissions requirements; or
the Generation Unit's accumulated percent under-compliance is offset by any net over-compliance with the lifecycle greenhouse gas emissions requirement during the probationary period. (j) Cap on the Available Number of Attributes for Generation Units Using Eligible Liquid Biofuel.
In each Compliance Year the total number of Attributes minted to Generation Units using Eligible Liquid Biofuel may not exceed 20% of the total projected annual compliance obligation for the Compliance Year, in which they are generated, with no more than 10% of the Attributes generated prior to July 1. If 100% of the Attributes st available prior to July 1 are not allocated, the remaining number of available Attributes st shall be rolled over and allocated during either of the remaining quarters in that calendar year. If the number of Attributes reported by Generation Units exceeds the available Attributes, the number of available Attributes shall be allocated on a pro-rata basis.
The Department shall estimate the compliance obligation by multiplying the Minimum Standard percentage by the total MWh of electrical energy sales by Retail Electricity Suppliers to End-use Customers in the Compliance Year two years prior. The Department shall calculate the annual and per quarter number of Attributes available for Generation Units using Eligible Liquid Biofuel in a given Compliance Year no later than August 31 of the preceding Compliance Year. The Department shall publish this st information on its website at www.mass.gov/orgs/massachusetts-department-of-energy-resources. (k) Eligible Biomass Woody Fuel Suppliers List. The Department shall establish and maintain a list of suppliers of Eligible Biomass Woody Fuel on its website at www.mass.gov/orgs/massachusetts-department-of-energy-resources. Any fuel supplier wishing to be included on the Department's list must complete the application provided on the Department's website at www.mass.gov/orgs/massachusetts-department-of-energy-resources. Suppliers will be classified into one of three classes based on the percentage of residues contained in the fuel distributed to Generation Units and the fuel being displaced by the Generation Unit, as follows: ClassFuel Being Displaced Minimum Combined Percentage of Forest Derived Residues, Non-forest Derived Residues, and Forest Salvage Class INatural gas, electric resistance, propane, fuel oil #6, fuel oil #2 55% Class IIElectric resistance, propane, fuel oil #6, fuel oil #2 50% Class IIIFuel oil #6, fuel oil #235% Upon qualification, Generation Units will be notified by the Department which fuel class they must purchase when sourcing fuel from a supplier on the Department's Biomass Suppliers List. Any Generation Unit that desires to purchase fuel from a supplier not on the Department's Biomass Suppliers List may request approval from the Department and shall be required to provide additional information. Generation Units displacing an existing biomass system shall have their fuel class determined by the Department.

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.05 continued

16.05: continued (l) Eligible Liquid Biofuel Suppliers List. The Department shall establish and maintain a list of suppliers of Eligible Liquid Biofuel on its website at www.mass.gov/orgs/massachusetts-department-of-energy-resources. A fuel supplier must complete and submit an application to the Department to be included on the Department's Eligible Liquid Biofuel suppliers list. Fuel suppliers must be registered in the Environmental Protection Agency's Renewable Fuel Standard (RFS2), 40 CFR §§ 80.1400 through 80.14.74, and must verify that they produce biodiesel from organic waste feedstocks. Fuel suppliers may be required to provide documentation to the Department after being added to the list in order to demonstrate continued compliance.

16.06 Statement of Qualification Process for APS Alternative Generation Units

16.06: Statement of Qualification Process for APS Alternative Generation Units (1) Statement of Qualification Application. A Statement of Qualification Application shall be submitted to the Department by the Owner or Operator of the Generation Unit or Aggregation. The applicant must use the most current forms and associated instructions provided by the Department, and must include all information, documentation, and assurances required by such forms and instructions. Applications for APS Renewable Thermal Generation Units shall be submitted through the online registration platform of the MassCEC. (2) Review Procedures. (a) The Department will notify the applicant when the Statement of Qualification Application is administratively complete or if additional information is required pursuant to 225 CMR 16.07(1). (b) The Department may, in its sole discretion, provide an opportunity for public comment on any Statement of Qualification Application. (3) Issuance or Non-issuance of a Statement of Qualification. (a) If the Department finds that all or a portion of the electrical energy output of a Generation Unit or of an Aggregation meets the requirements for eligibility as APS Alternative Generation pursuant to 225 CMR 16.05, the Department will provide the Owner or Operator of such Unit or Aggregation with an SQ. (b) The SQ shall include any applicable restrictions and conditions that the Department deems necessary to ensure compliance by a particular Generation Unit or Aggregation with the provisions of 225 CMR 16.00. (c) If the Generation Unit or Aggregation does not meet the requirements for eligibility as an APS Alternative Generation Unit, the Department shall provide written notice to the Owner or Operator, including the Department's reasons for such finding. (4) APS Effective Date. The APS Effective Date shall be the earliest date on which electrical energy output of an APS Alternative Generation Unit can result in the creation of APS GIS Certificates, except that the APS Effective Date shall not be earlier than the date on which the Department determines that the Unit has commenced compliance with the applicable emission standards in its SQ. However, in no instance shall the APS Effective Date be earlier than January 1, 2009. (5) Notification Requirements for Change in Eligibility Status. The Owner or Operator of an APS Alternative Generation Unit shall notify the Department of any changes in the technology, operation, emissions, fuel sources, energy resources, or other characteristics of the Generation Unit that would affect the eligibility of the Unit as an APS Alternative Generation Unit. The Owner or Operator shall submit the notification to the Department no later than five days following the end of the month during which such changes were implemented. The notice shall state the date the changes were made to the APS Alternative Generation Unit and describe the changes in sufficient detail to enable the Department to determine if a change in eligibility is warranted.

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.06 continued

16.06: continued (6) Notification Requirements for Change in Ownership, Generation Capacity, or Contact Information. The Owner or Operator of an APS Alternative Generation Unit shall notify the Department of any changes in the ownership, operating entity, generation capacity, NEPOOL GIS account, independent verification system for the Unit's or Aggregation's electrical energy output, or contact information for the Generation Unit or Aggregation. The Owner or Operator shall submit the notification to the Department no later than five days following the end of the month during which such changes were implemented. (7) Time Limit for Project Implementation. Any SQ issued on or after June 12, 2009 shall expire 48 months after the issuance date of the SQ (the Expiration Date) unless the Commercial Operation Date of the Generation Unit or Aggregation is on or before the Expiration Date. The Department may, at its discretion, grant an extension of the Expiration Date of the SQ upon petition by the Owner or Operator of the Generation Unit or Aggregation. If the Owner or Operator of such Unit or Aggregation desires an extension, such Owner or Operator must submit a new SQ Application, and the decision of the Department on such new application may be made in accordance with the regulations and criteria that are applicable on the date that the Department receives that application. (8) Suspension or Revocation of Statement of Qualification. The Department may suspend or revoke an SQ if the Owner or Operator of an APS Alternative Generation Unit fails to comply with 225 CMR 16.00.

16.07 Alternative Energy Portfolio Standard

16.07: Alternative Energy Portfolio Standard (1) APS Minimum Standard. The total annual sales of each Retail Electricity Product sold to Massachusetts End-use Customers by a Retail Electricity Supplier, under contracts executed or extended on or after January 1, 2009, shall include a minimum percentage of electrical energy sales with APS Alternative Generation Attributes, as specified in 225 CMR 16.07: Table. MASSACHUSETTS ALTERNATIVE ENERGY PORTFOLIO STANDARD MINIMUM PERCENTAGES OF ANNUAL ELECTRICAL ENERGY SALES WITH APS ALTERNATIVE GENERATION ATTRIBUTES Compliance YearCumulative Minimum Percentage 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 1.00 1.50 2.00 2.50 3.00 3.50 3.75 4.00 4.25 4.50 4.75 5.00 (2) Post-2020 Minimum Standard. After 2020, the Minimum Standard shall increase by 0.25% per Compliance Year. (3) 2020 APS Minimum Standard Review. Not later than December 31, 2020, the Department shall complete a review of 225 CMR 16.00, which shall include a public comment period. The review will include, but not be limited to, an examination of the costs and benefits of the program to ratepayers, an examination of the effectiveness of the program in meeting the energy and environmental goals of the Commonwealth, and an evaluation of whether the Minimum Standard or its rate of increase, as established in 225 CMR 16.07(2), should be adjusted. This requirement shall not preclude the Department from otherwise reviewing or amending 225 CMR 16.00.

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.08 Compliance Procedures for Retail Electricity Suppliers

16.08: Compliance Procedures for Retail Electricity Suppliers (1) Standard Compliance. Each Retail Electricity Supplier shall be deemed to be in compliance with 225 CMR 16.00 if the information provided in the Compliance Filing submitted pursuant to 225 CMR 16.09 is true and accurate and demonstrates compliance with 225 CMR 16.07. A Retail Electricity Supplier shall demonstrate to the satisfaction of the Department that APS Alternative Generation Attributes used for compliance have not otherwise been, nor will be, sold, retired, claimed, used or represented as part of electrical energy output or sales, or used to satisfy obligations in jurisdictions other than Massachusetts. (2) Banked Compliance. A Retail Electricity Supplier may use APS Alternative Generation Attributes produced in one Compliance Year for compliance in either or both of the two subsequent Compliance Years, subject to the limitations in 225 CMR 16.08(2) and provided that the Retail Electricity Supplier is in compliance with 225 CMR 16.00 for all previous Compliance Years. In addition, the Retail Electricity Supplier shall demonstrate to the satisfaction of the Department that such Attributes: (a) were in excess of the APS Alternative Generation Attributes needed for compliance in the Compliance Year in which they were generated, and that such excess Attributes have not previously been used for compliance with 225 CMR 16.00; (b) do not exceed 30% of the APS Alternative Generation Attributes needed by the Retail Electricity Supplier for compliance with the APS Minimum Standard in the year they were generated, subject to 225 CMR 16.09(2)(d); (c) were produced during the Compliance Year in which they are claimed as excess by the generation of electrical energy sold to End-use Customers in the ISO-NE Control Area, by the generation of electrical energy on End-use Customers' sides of retail meters in the ISO-NE Control Area, or by the generation of electrical energy from Off-grid Generation Units in Massachusetts; and (d) have not otherwise been, nor will be, sold, retired, claimed or represented as part of electrical energy output or sales, or used to satisfy obligations in jurisdictions other than Massachusetts. (3) Alternative Compliance. A Retail Electricity Supplier may discharge its obligations under 225 CMR 16.07, in whole or in part, for any Compliance Year by making an Alternative Compliance Payment (ACP) to the Massachusetts Clean Energy Technology Center, established by M.G.L. c. 23J, § 2. Such funds shall be held in an account separate from other accounts of the Corporation. (a) Procedures. A Retail Electricity Supplier shall receive Alternative Compliance Credits from the Department, subject to the following:

The quantity of Credits, specified in MWhs, that can be applied to its obligations under 225 CMR 16.07(1) shall be determined by calculating the ratio of the total of ACPs paid for the Compliance Year to the ACP Rate for that Compliance Year.
The ACP Rate for the APS Minimum Standard shall be $20 per MWh for Compliance Year 2009. For each subsequent Compliance Year, the Department shall publish the ACP Rate by January 31 of the Compliance Year. The ACP Rate shall be st equal to the previous year's ACP Rate adjusted up or down according to the previous year's Consumer Price Index.
The Retail Electricity Supplier shall include with its Annual Compliance Filing copies of any ACP receipt(s) for ACPs made to the Massachusetts Clean Energy Technology Center during the Compliance Year. (b) Use of Funds. The Department shall oversee the use of ACP funds by Massachusetts Clean Energy Technology Center, so as to further the commercial development of Alternative Generation.

16.09 Annual Compliance Filings for Retail Electricity Suppliers

16.09: Annual Compliance Filings for Retail Electricity Suppliers (1) Date of Annual Compliance Filing. For each Compliance Year, the Retail Electricity Supplier annually shall file an annual Compliance Filing with the Department no later than the first day of July, or the first Business Day thereafter, of the subsequent Compliance Year. (2) Contents of Annual Compliance Filing. For each Retail Electricity Product, the Filing shall document compliance with the provisions of 225 CMR 16.07 and 225 CMR 16.08 to the satisfaction of the Department and shall include, but not be limited to, the following:

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.09 continued

16.09: continued (a) Total Electrical Energy Sales to End-use Customers. Documentation of the total MWhs of electrical energy allocated by the Retail Electricity Supplier to End-use Customers in the Compliance Year. Such allocation is defined in 225 CMR 16.09(2)(a) as the total quantity of the Supplier's Certificates Obligation that the Supplier correctly allocated or should have allocated to all of the Supplier's Massachusetts retail subaccounts in the NEPOOL GIS, in compliance with all relevant provisions of Part 4 of the NEPOOL GIS Operating Rules. (b) Electrical Energy Sales to End-use Customers by Product. Documentation of the total MWhs of each Retail Electricity Product allocated to End-use Customers in the Compliance Year, verified by an independent third-party satisfactory to the Department, consistent with the Guidelines. Such allocation is defined in 225 CMR 16.09(2)(b) as the quantity of the Supplier's Certificates Obligation that the Supplier correctly allocated or should have allocated to each of the Supplier's Massachusetts retail subaccounts at the NEPOOL GIS, in compliance with all relevant provisions of Part 4 of the NEPOOL GIS Operating Rules. The Department shall keep product information confidential to the extent permitted by law. (c) Attributes Allocated from the Compliance Year. Documentation of the total MWhs of each Retail Electricity Product allocated to End-use Customers that were derived from both APS Alternative Generation during the Compliance Year, and which may include electrical energy generated on End-use Customers' sides of retail meters in the ISO-NE Control Area or by Off-grid Generation Units in Massachusetts in the Compliance Year, as follows:

For electrical energy transactions included in the ISO-NE Settlement Market System, the Compliance Filings shall include documentation from the NEPOOL GIS administrator of the Retail Electricity Supplier's ownership of GIS Certificates representing APS Alternative Generation during the Compliance Year.
For electrical energy transactions not included in the ISO-NE Settlement Market System, but for which the Retail Electricity Supplier has secured GIS Certificates from the NEPOOL GIS, the Compliance Filings shall include documentation from the NEPOOL GIS of the Retail Electricity Supplier's ownership of GIS Certificates representing APS Alternative Generation during the Compliance Year. (d) Attributes Allocated from Banked Compliance. Allocation by Retail Electricity Product of any quantity of Attributes banked from one or both of the two previous years pursuant to 225 CMR 16.08(2) that are used to demonstrate compliance in the current Compliance Year; (e) Alternative Compliance Credits. Allocation by Retail Electricity Product of any Alternative Compliance Credits claimed pursuant to 225 CMR 16.08(3), along with a copy of any Alternative Compliance Payment receipt(s); (f) Attributes Banked for Future Compliance. Calculation of the quantity of any Attributes from APS Alternative Generation that the Retail Electricity Supplier anticipates claiming for purposes of Banked Compliance in subsequent years under the Banked Compliance provisions of 225 CMR 16.08(2); and (g) Exempt Contracts under Minimum Standard. Identification of any contract for a specific term of years that was executed before January 1, 2009, and its terms including, but not limited to, the execution and expiration dates of the contract and the annual volume of electrical energy supplied.

16.10 Reporting Requirements

16.10: Reporting Requirements (1) Certification. Any person required by 225 CMR 16.00 to submit documentation to the Department shall provide: (a) the person's name, title and business address; (b) the person's authority to certify and submit the documentation to the Department; and (c) the following certification: "I hereby certify, under the pains and penalties of perjury, that I have personally examined and am familiar with the information submitted herein and based upon my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties, both civil and criminal, for submitting false information, including possible fines and imprisonment." (2) Annual Alternative Energy Resource Report. The Department shall produce an annual report that summarizes information submitted to the Department by Retail Electric Suppliers in the Annual Compliance Filing submitted to the Department pursuant to 225 CMR 16.09(2).

225 CMR: DEPARTMENT OF ENERGY RESOURCES

16.10 continued

16.10: continued (3) Identification of APS Alternative Generation Units. The Department shall inform the NEPOOL GIS administrator which Generation Units should be designated as APS Alternative Generation Units pursuant to 225 CMR 16.00.

16.11 Inspection

16.11: Inspection (1) Document Inspection. The Department may audit the accuracy of all information submitted pursuant to 225 CMR 16.00. The Department may request and obtain from any Owner or Operator of an APS Alternative Generation Unit, supplier of Eligible Biomass Fuel, and any Retail Electricity Supplier information that the Department determines necessary to monitor compliance with and enforcement of 225 CMR 16.00. (2) Audit and Site Inspection. The Department may implement an audit and inspection program to assess compliance with 225 CMR 16.00. Upon reasonable notice to a Retail Electricity Supplier, supplier of Eligible Biomass Fuel, or APS Alternative Generation Unit Owner or Operator, the Department may inspect and copy any records and/or conduct site visits to an APS Alternative Generation Unit, supplier of Eligible Biomass Fuel or a Retail Electricity Supplier's facilities including, but not limited to, all files and documents that the Department determines are related to compliance with 225 CMR 16.00.

16.12 Non-compliance

16.12: Non-compliance Any Retail Electricity Supplier or Owner or Operator of an APS Alternative Generation Unit that fails to comply with the requirements of 225 CMR 16.00 shall be subject to the following provisions: (1) Notice of Non-compliance. A failure to comply with the requirements of 225 CMR 16.00 shall be determined by the Department. A written Notice of Non-compliance shall be prepared and delivered by the Department to any Retail Electricity Supplier or Owner or Operator of an APS Alternative Generation Unit that fails to comply with the requirements of 225 CMR 16.00. The Notice of Non-compliance shall describe the Requirement(s) with which the Retail Electricity Supplier, Owner, or Operator failed to comply and the time period of such non-compliance. (2) Publication of Notice of Non-compliance. A Notice of Non-compliance may be published on the Department's website at www.mass.gov/orgs/massachusetts-department-of-energy-resources and in any other media deemed appropriate by the Department. Such publication may remain posted until the Retail Electricity Supplier or Owner or Operator returns to compliance as determined by the Department. (3) Planning Requirement. A Retail Electricity Supplier that fails to meet the requirements of 225 CMR 16.07 during a Compliance Year shall submit a plan for achieving compliance for the subsequent three years. The plan shall be filed with the Department no later than the first day of September of the Compliance Year subsequent to the Compliance Year for which the Retail Electricity Supplier was out of compliance or such date as the Department may specify. (4) Suspension or Revocation of License. The Department shall refer its findings of non-compliance to the Massachusetts Department of Public Utilities. A Retail Electricity Supplier that fails to comply with 225 CMR 16.00 may be subject to the Massachusetts Department of Public Utilities Licensure Action under 220 CMR 11.07(4)(c)1.

16.13 Severability

16.13: Severability If any provision of 225 CMR 16.00 is declared invalid, such invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. REGULATORY AUTHORITY 225 CMR 16.00: M.G.L. c. 25A, §§ 6 and 11F½.

225 CMR 16.00 — Alternative energy portfolio standard (APS)