Notices of Public Hearing (Published 08/16/2024)

Energy Resources, Department of
225 CMR 21.00  

NOTICE OF PUBLIC COMMENT AND HEARING

Notice is hereby given that the Massachusetts Department of Energy Resources (DOER), acting under Chapter 227 of the Acts of 2018, and in conformance with Chapter 30A of the General Laws, is holding a public hearing on amendments to portions of 225 CMR 21:00 Clean Peak Energy Portfolio Standard (CPS) enacted by emergency regulation on July 19, 2024. The CPS regulations require all retail electricity suppliers selling electricity to end-use customers in the Commonwealth to obtain a specific minimum percentage of their electricity supply from clean peak energy resources. The amendments make revisions to the Minimum Standard in response to anticipated near-term undersupply and long-term oversupply conditions in the market. The amendments also add a Near-Term Resource Multiplier for standalone energy storage systems connected to the distribution system that are able to come online before January 1, 2027

A virtual public hearing will be conducted to receive verbal and written comments on the emergency regulation.

Location: Virtual Hearing via Zoom https://zoom.us/webinar/register/WN_KN4wZLnjRaGwha77864Yiw
Date: August 26, 2024 from 1:00 to 4:00 PM

Verbal testimony will be accepted at the hearing; however, parties may also provide written copies of their testimony. Written comments will be accepted beginning August 5, 2024 and ending at 5 pm on August 26, 2024. DOER requests that written comments be submitted as attached pdf files to DOER.CPS@mass.gov, with the words 2024 CPS EMERGENCY RULEMAKING COMMENTS in the subject line. Alternatively, comments can be submitted via mail to Thomas Ferguson at the Department of Energy Resources, 100 Cambridge Street, 9th Floor, Boston, MA 02114. Copies of the proposed regulations may be obtained from the DOER website www.mass.gov/doer or by contacting Thomas Ferguson at Thomas.Ferguson@mass.gov.

By order of:
Elizabeth Mahony, Commissioner
Department of Energy Resources

CMR No: 225 CMR 21.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  0. 
  

• Will small businesses have to create, file, or issue additional reports?

  No. Regulated entities must comply via well-established criteria.

• Will small businesses have to implement additional recordkeeping procedures?

  No. Please see note above. Participation in the program by small businesses is voluntary

• Will small businesses have to provide additional administrative oversight?

  No. Participation in the program by small businesses is voluntary.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No. Participation in the program by small businesses is voluntary.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No. Participation in the program by small businesses is voluntary.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Participation in the program by small businesses is voluntary.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation governs how the Department will handle assessment and action planning for individuals and families involved with the Department. A standardized process is needed to ensure statewide consistency in practice.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No. Participation in the program by small businesses is voluntary.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. The regulation is likely to encourage the formation of small businesses to serve a growing market for Clean Peak Resources.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No, the compliance requirements for regulated entities, the majority of which are large, national/international companies involved in the sale of electricity, are not less stringent.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. Participation in the program by small businesses is voluntary.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No, participation in the program by small businesses is voluntary.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No, participation in the program by small businesses is voluntary.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No, participation in the program by small businesses is voluntary.

Health and Human Services, Executive Office of
101 CMR 411.00 & 414.00

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold two remote public hearings on Friday, August 23, 2024, at the respective times listed below, relative to the adoption of amendments to the following regulations.

1. 9:00 a.m.: 101 CMR 414.00: Rates for Family Stabilization Services

The proposed amended regulation contains rates effective for dates of service on or after January 1, 2024. There is no fiscal impact on cities and towns. 

101 CMR 414.00 governs the payment rates for family stabilization services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Developmental Services (DDS), the Massachusetts Commission for the Blind (MCB), the Department of Children and Families (DCF), and the Department of Mental Health (DMH). 

Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish by regulation and biennially review the rates to be paid by governmental units for social service programs. In accordance with this statutory requirement, the proposed amendment replaces an MCB service that was erroneously deleted in the previous promulgation and updates the rate for that one service. 

The total estimated FY24 annualized cost to state government from the one increased rate in this proposed amendment is $6,547, which represents an increase of 20% over FY23 spending of approximately $32,723. The FY24 fiscal impact to state government will be approximately $3,274 for the increase to the one existing rate. The increase in spending in FY24 will be covered through a combination of the Chapter 257 Reserve Account and the purchasing agency’s FY24 budget.

2. 10:00 a.m.: 101 CMR 411.00: Rates for Certain Placement, Support, and Shared Living Services

The proposed amended regulation contains rates effective for dates of service on or after July 1, 2024. There is no fiscal impact on cities and towns.

101 CMR 411.00 governs the rates paid by governmental units for certain placement, support, and shared living services provided to publicly aided individuals. Services with rates established by this regulation are purchased by the Department of Children and Families (DCF), the Department of Youth Services (DYS), the Department of Developmental Services (DDS), the Massachusetts Rehabilitation Commission (MRC), and the Massachusetts Commission for the Blind (MCB).

Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish by regulation and biennially review the rates to be paid by governmental units for social service programs, which includes certain placement, support, and shared living services. In accordance with this requirement, the rates for these services are being updated to include an increase by a cost adjustment factor (CAF) of 2.58%. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Fall 2023 Forecast, optimistic scenario data. The CAF reflects the period between the rates’ base period (calendar year 2024 Q2) and the prospective period of fiscal years 2025 and 2026. Staff salaries have been benchmarked to the Massachusetts Bureau of Labor Statistics (BLS) median wages as dated May 2022 at the 53rd percentile. The tax and fringe rate has been benchmarked to 27.38%. This benchmark is derived from the MA Comptrollers FY24 approved rate less terminal leave and retirement. Administrative allocation has been benchmarked to 12%, which is the standard rate applied across all Chapter 257 regulations. A new service has also been added for an off-site direct service provider that monitors and responds to individuals’ needs using live communications and non-invasive monitoring technologies. The language in the Severability section has also been updated for consistency across EOHHS rate regulations.

The total annualized cost to state government from the proposed amendments to this regulation is approximately $42.44 million, which represents an increase of 20.95% over FY23 spending of approximately $202.56 million on these services. Of this amount, the estimated annualized cost to DCF is $12,457,874.94; the estimated annualized cost to DYS is $254,186.53; the estimated annualized cost to DDS is $29,226,853.47; the estimated annualized cost to MRC is $147,618.61; and the estimated annualized cost to MCB is $352,193.78. The increase in spending in FY25 will be covered through the Chapter 257 Reserve Account.

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings by phone, call 646-558-8656, and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171.
Written testimony will be accepted through 5:00 p.m. on Friday, August 23, 2024. EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services. 

To review the current draft of the proposed regulation, go to www.mass.gov/service-details/executive-office-of-health-and-human-services-public-hearings or request a copy in writing from:
 MassHealth Publications
100 Hancock Street, 6th Floor
Quincy, MA 02171. 

To view or download related supporting materials, go to www.mass.gov/infodetails/ proposed-regulations-supporting-materials.

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.

August 2, 2024

CMR No: 101 CMR 411.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the number of small businesses subject to the proposed regulation:

  106

• Will small businesses have to create, file, or issue additional reports?

  No.  
  

• Will small businesses have to implement additional recordkeeping procedures?

  No. 
  

• Will small businesses have to provide additional administrative oversight?

  No. 
  

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.  
  

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  
  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13D, and establishes the specific rates to be paid by governmental units for certain social service programs.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. This regulation does require that providers periodically file cost data to enable EOHHS to develop uniform rates for the social service programs with rates governed by this regulation. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. This regulation does not require small businesses to provide educational services to keep up to date with the regulatory requirements.
  

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
  

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.
  

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.
  

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
  

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.
  

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
  

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The regulation does not have an adverse impact on small businesses. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.
  

Medical Assistance, Division of
130 CMR 630.000

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 6A, section 16 and in accordance with M.G.L. c. 30A, the Division of Medical Assistance (the Division) will hold a remote public hearing on Friday, August 23, 2024, at 11 a.m. relative to the adoption of amendments to the following regulation.

130 CMR 630.000: Home- and Community-Based Services Waiver Services

The proposed regulation is planned to go into effect no sooner than January 1, 2025. There is no fiscal impact on cities and towns.

The proposed amendments to 130 CMR 630.000 update the following: definitions, services, provider eligibility requirements, and conditions for payment of waiver services. The proposed amendments also add specifications related to electronic visit verification (EVV) and telehealth requirements.

Specifically, the proposed amendments include provisions to align with recent federally approved updates and promote the effective operation of the MassHealth HCBS Waivers.

To register to testify at the hearings and to get instructions on how to join the hearings online, go to www.mass.gov/info-details/executive-office-of-health-and-human-servicespublic-hearings. To join the hearings by phone, call 646-558-8656, and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Written testimony will be accepted through 5:00 p.m. on Friday, August 23, 2024. The Division specifically invites comments as to how the amendments may affect beneficiary access to care. 

To review the current draft of the proposed regulation, go to www.mass.gov/infodetails/ masshealth-public-hearings or request a copy in writing from:
 MassHealth Publications
100 Hancock Street, 6th Floor
Quincy, MA 02171. 

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847-3468 (TTY: (617) 847-3788 for people who are deaf, hard of hearing, or speech disabled). Please allow two weeks to schedule sign language interpreters.

The Division may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention.

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/service-details/executiveoffice- of-health-and-human-services-public-hearings.

August 2, 2024

CMR No: 130 CMR 630.000 Home- and Community-Based Services Waivers
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the number of small businesses subject to the proposed regulation:

  312

• Will small businesses have to create, file, or issue additional reports?

  No.  
  

• Will small businesses have to implement additional recordkeeping procedures?

  No. 
  

• Will small businesses have to provide additional administrative oversight?

  No. 
  

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.  
  

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  
  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The purpose of the regulation is to provide program requirements and conditions of payment for the provision of HCBS Waiver services to MassHealth members.

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. This regulation requires all HCBS Waiver providers to submit documentation requested by MassHealth for purposes of utilization and review to ensure compliance with MassHealth requirements for the provision of HCBS Waiver services.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.  
  

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts. It governs MassHealth providers of HCBS Waiver services and provides program requirements and conditions of payment for the provision of HCBS Waiver services to MassHealth members and is applied uniformly among all such MassHealth providers.
  

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts. It governs MassHealth providers of HCBS Waiver services and provides program requirements and conditions of payment for the provision of HCBS Waiver services to MassHealth members and is applied uniformly among all such MassHealth providers.
  

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. This regulation requires providers of HCBS Waiver services to submit documentation requested by MassHealth for purposes of utilization and provider review to ensure compliance with MassHealth requirements and is applied uniformly among all such MassHealth providers.
  

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. This regulation requires providers of HCBS Waiver services to submit documentation requested by MassHealth for purposes of utilization and provider review to ensure compliance with MassHealth requirements, including the timelines for reporting, and is applied uniformly among all such MassHealth providers.
  

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. This regulation requires providers of HCBS Waiver services to submit documentation requested by MassHealth for purposes of utilization and provider review to ensure compliance with MassHealth requirements, including the timelines for reporting, and the regulation is applied uniformly among all such MassHealth providers.
  

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. This regulation establishes uniform program requirements and conditions of payment for the provision of HCBS Waiver services to MassHealth members. These requirements are applied uniformly to all MassHealth providers of HCBS Waiver services to maintain consistency in the care provided to MassHealth members.
  

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. This regulation governs MassHealth providers of HCBS Waiver services and provides program requirements and conditions of payment for the provision of HCBS Waiver services to MassHealth members and is applied uniformly among all such MassHealth providers.
  

Public Utilities, Department of
220 CMR 18.00

NOTICE OF PUBLIC HEARING AND REQUEST FOR COMMENTS

D.P.U. 23-140 

Investigation by the Department of Public Utilities, On Its Own Motion, Instituting a Rulemaking Pursuant to the Acts of 2022, c. 179, § 54, G.L. c. 30A, § 2, and 220 CMR 2.00 to Amend the Net Metering Regulations at 220 CMR 18.00.

On July 30, 2024, the Department of Public Utilities (“Department”), issued an Order commencing a rulemaking proceeding, pursuant to G.L. c. 30A, § 2, and 220 CMR 2.00, to approve proposed regulations amending 220 CMR 18.00 (“Proposed Net Metering Regulations”) (Order Opening Rulemaking). Specifically, the Department proposes to amend its Net Metering Regulations to implement the net metering provisions of Chapter 179 of the Acts of 2022, An Act Driving Clean Energy and Offshore Wind (“2022 Clean Energy Act”), as well as additional changes for administrative clarification. The Department docketed this matter as D.P.U. 23-140.

A copy of the Department’s Order and Proposed Net Metering Regulations will be available on the Department’s website as soon as practicable at https://eeaonline.eea.state.ma.us/DPU/Fileroom/dockets/bynumber (enter “23-140”).

The Department will conduct a virtual public hearing to receive comments on the rulemaking. During the public hearing, any member of the public will be able to provide comments. The Department will conduct a public hearing using Zoom video conferencing on September 4, 2024, beginning at 2:00 p.m. Attendees can join by entering the link, https://us06web.zoom.us/j/86410780167, from a computer, smartphone, or tablet. No prior software download is required. For audio-only access to the hearing, attendees can dial in at (646) 558-8656 (not toll free) and then enter the Webinar ID number: 864 1078 0167.
If you anticipate providing comments via Zoom during the public hearing, please send an email by August 30, 2024, to katherine.e.stock@mass.gov and jennifer.cargill@mass.gov with your name, email address, and mailing address.
Alternatively, any person who desires to provide written comment on this matter may submit their comments to the Department no later than the close of business (5:00 p.m.) on September 4, 2024, and reply written comments no later than close of business (5:00 p.m.) on September 18, 2024. 

The Department welcomes specific recommended language changes to the Proposed Net Metering Regulations. Additionally, the Department seeks comments on the following topics:

1. G.L. c. 164, § 139(i) now defines Cap Exempt Facilities to include Class I Net Metering Facilities that (1) are not Net Metering Facilities of a Municipality or Other Governmental Entity, provided that they are generating Renewable Energy; (2) have a Nameplate Capacity equal to or less than 25 kW or if the Nameplate Capacity is greater than 25 kW such a facility must serve On-site Load, other than parasitic or station load; and (3) have executed ISA on or after January 1, 2021. Please respond to the following:
• Explain whether the Department should establish a deadline by which Affected Class I Net Metering Facilities must be reclassified as cap exempt. If so, what deadline should the Department establish? Please also provide any recommendations on additional administrative steps that should be established for such facilities to relinquish their Cap Allocations and be reclassified as Cap Exempt Facilities.
• Refer to Net Metering Rulemaking, D.P.U. 21-100-A at 53-55 (February 15, 2024), the Department’s exception to the credit allocation process, where Affected Host Customers may reallocate Net Metering Credits that accrued, or will accrue, on accounts between January 1, 2022, and March 31, 2025. Explain whether this credit allocation exception should be extended to Class I Cap Exempt Facilities that serve On-site Load. If so, explain whether the date range identified is sufficient or if it should be adjusted.
2. Explain whether a random audit process of interconnected Net Metering Facilities, conducted by the Administrator, would be useful in ensuring compliance with Net Metering program requirements. When conducting the audit, the Administrator would confirm that the capacity of a Net Metering Facility matches the Cap Allocation granted to that Facility.
3. Explain whether you agree with the Department’s proposal in Section II.C(7) of Order Opening Rulemaking, to require Cap Exempt Facilities Serving On-site Load to assign 100 percent of Net Metering Credits to the meter behind which the Net Metering Facility is interconnected.
4. Explain whether the Department should define the term Nameplate Capacity in 220 CMR 18.02.
• If no, explain why.
• If yes, please comment on the Department's proposed definition of Nameplate Capacity.
5. Explain whether the Department should define the term Renewable Energy Generating Facility in 220 CMR 18.02.
• If no, explain why.
• If yes, please comment on the Department’s proposed definition of Renewable Energy Generating Facility.
6. Currently, in the context of pre-existing Net Metering Facilities that seek to expand, the Distribution Companies either issue a new ISA or amend the existing ISA, but there is not a consistent approach across Distribution Companies. Thus, where a pre-existing net metering facility seeks to expand, explain whether the Department should direct the Distribution Companies to engage in consistent treatment of ISAs, e.g., by directing each Distribution Company to issue new ISAs or to amend existing ISAs. Explain whether the Department should direct consistent treatment, with associated reasons favoring or opposing. If the Department should direct consistent treatment, please indicate what that treatment should be.
7. (For Distribution Companies and Administrator) Review the proposed process described in Section II.D(2) in the Order Opening Rulemaking to reclassify Affected Class I Facilities and comment on its feasibility and workability, including the proposed time-frames. As part of your response, please provide an estimated time frame for Step 3.
8. (For Distribution Companies and Administrator) Describe the safeguards or processes that would be employed to ensure that Cap Allocations are revoked only for the appropriate Affected Class I Facilities (i.e., those greater than ten kW but less than or equal to 25 kW and those greater than 25 kW but less than or equal to 60 kW that serve On-site Load) and not, for example, expansions that may appear as though they are facilities within the identified capacity range but are, in fact, part of a facility the total capacity of which exceeds 25 kW.
9. (For Administrator Only) Please describe ways in which these implementation processes could be improved.
10. (For Distribution Companies Only) Refer to D.P.U. 21-100-A at 70-73. Please provide an update on the incremental costs and upgrades necessary to move towards allowing monthly Schedule Z updates. As part of the update, please provide the incremental costs of processing Schedule Z updates monthly, including for designated allocations across Distribution Company service territories, and assessing the potential decline in quality and accuracy of validation and processing of revised Schedule Zs in moving from updates four times per year to monthly.

Written comments from the public may be sent by email to dpu.efiling@mass.gov, katherine.e.stock@mass.gov, and jennifer.cargill@mass.gov. Please note that in the interest of transparency, any comments are posted to our website as received and without redacting personal information, such as addresses, telephone numbers, or email addresses. As such, consider the extent of information that you wish to share when submitting public comments. The Department strongly encourages public comments to be submitted by email. If, however, a member of the public is unable to send written comments by email, a paper copy may be sent to Mark D. Marini, Secretary, Department of Public Utilities, One South Station, Boston, Massachusetts 02110.

All documents should be submitted to the Department in .pdf format by email attachment to dpu.efiling@mass.gov, katherine.e.stock@mass.gov, and jennifer.cargill@mass.gov. The text of the email must specify: (1) the docket number of the proceeding (D.P.U. 23-140); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. The email must also include the name, title, and telephone number of a person to contact in the event of questions about the filing. The electronic file name should identify the document but should not exceed 50 characters in length. Importantly, all large files submitted must be separated into electronic files that do not exceed 20 MB. All documents submitted in electronic format will be posted on the Department’s website: https://eeaonline.eea.state.ma.us/DPU/Fileroom (enter “23-140”).

To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), contact the Department’s ADA coordinator at Jenyka.Spitz-Gassnola2@mass.gov.

By Order of the Department,
/s/
Mark D. Marini, Secretary

CMR No.: 220 CMR 18.00: Net Metering
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the number of small businesses subject to the proposed regulation:

  With some narrow exceptions, any small business or other customer of an investor-owned electric utility could install a Net Metering Facility, which would subject them to the Net Metering regulations. It is difficult to determine how many small businesses could be impacted by 220 CMR 18.00.

• Will small businesses have to create, file, or issue additional reports?

  No. Net Metering is a fully optional benefit for small businesses and all other electric customers under the regulations, and small businesses need not create, file or issue any reports.
  

• Will small businesses have to implement additional recordkeeping procedures?

  No.  Net Metering is a fully optional benefit for small businesses with no recordkeeping requirements.
  

• Will small businesses have to provide additional administrative oversight?

  No. Net Metering is a fully optional benefit for small businesses which, if exercised, may result in additional administrative oversight (e.g., kWh generated by the net metering facility). 
  

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.   Net Metering is a fully optional benefit for small businesses which, if exercised, may result in additional administrative tasks, and even the hiring of additional employees (e.g., a clean energy coordinator).
  

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  Net Metering is a fully optional benefit for small businesses which, if exercised, may result in hiring professionals, to develop renewable energy projects.
  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No. Net Metering is a fully optional benefit for small businesses, and therefore there is no requirement to purchase a product or make any other capital investments to comply with the regulation.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  No. If a small business pursues Net Metering, it may be subject to the Department of Public Utilities’ regulatory oversight.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. 220 CMR 18.00 does not require small businesses to provide educational services to keep up to date with regulatory requirements. 
  

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. 220 CMR 18.00 is not likely to deter the formation of small businesses in Massachusetts.
  

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Yes. It is possible that the regulation will result in the formation of small renewable energy businesses.
  

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. Compliance for voluntary participants is dictated by G.L. c. 164, §§ 138 through 140.
  

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. Compliance for voluntary participants is dictated by G.L. c. 164, §§ 138 through 140.
  

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. Compliance for voluntary participants is dictated by G.L. c. 164, §§ 138 through 140.
  

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. All businesses must comply with the standards established in 220 CMR 18.00
  

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The DPU was required to promulgate 220 CMR 18.00 pursuant to G.L. c. 164, §§ 138 through 140. The DPU is required to amend 220 CMR 18.00 pursuant to St. 2022, c. 179, § 54, amending M.G.L. c. 164, § 139. There are no alternative regulatory methods that would minimize the adverse impact on small businesses.
  

Veteran Advocate, Office of the
123 CMR 2.00

NOTICE OF PUBLIC COMMENT PERIOD

Notice is hereby given pursuant to M.G.L. c. 30A, § 2-3, that the Massachusetts Office of the Veteran Advocate, (“OVA”) will accept written public comment until 5:00 p.m. on August 28, 2024, to gather comments, ideas, and information concerning the following regulatory action:

Adopt 123 CMR 2.00 - Investigations, Inspections, Audits, & Reviews

The proposed regulation establishes requirements for state, county, local, and private contracted agencies to report certain information regarding veterans in the care of, or receiving services from, the Commonwealth to OVA. The regulation also establishes requirements and procedures concerning the auditing, investigation, and inspection of said agencies on behalf of OVA. Lastly, the proposed regulation enumerates ways in which OVA may report findings of facts and conclusions resulting from OVA activity.

Written copies of the proposed regulations may be obtained by e-mailing a request to OVA@mass.gov or mailing a request to:
General Counsel Scott D. Pitta
Office of the Veteran Advocate
100 Hancock Street
Quincy, MA 02171.

The submission of written comments is welcome and may be made by e-mail to OVA@mass.gov with a subject line stating, “123 CMR 2.00” or by mail to General Counsel Scott D. Pitta at the physical address listed above.
Comments received after August 28, 2024 at 5:00 p.m. might not be considered.

OVA may adopt a revised version of the proposed action taking into account relevant comments received and any other practical alternatives that come to its attention.

For accommodation or language assistance requests, please contact OVA’s General Counsel by phone at (617) 890-9788, or by email to OVA@Mass.gov. Requests should be made as soon as possible, ideally at least five business days before the close of the comment period.

Robert Notch
Veteran Advocate
July 29, 2024 

CMR No.: 123 CMR 2.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5)

• Estimate of the number of small businesses subject to the proposed regulation:

  Fewer than 10

• Will small businesses have to create, file, or issue additional reports?

  Yes. Additional reports may be required for businesses that receive state or local funding within the jurisdiction of M.G.L. c. 115B.
  

• Will small businesses have to implement additional recordkeeping procedures?

  Yes. Additional record keeping may be required for businesses that receive state or local funding within the jurisdiction of M.G.L. c. 115B
  

• Will small businesses have to provide additional administrative oversight?

  No.
  

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No. 
  

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.
  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.  An analysis of design versus operational standards is inapplicable to this proposed regulation

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections or other regulatory enforcement activities?

  Yes. The proposed regulation requires businesses of all sizes, operating within the jurisdiction of M.G.L. c. 115B, to cooperate with audits, inspections, or other enforcement activities.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No. 
  

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The proposed regulation only codifies the explicit and implicit authority of M.G.L. c. 115B. Therefore, this regulation does not result in any deterrence to the formation of small businesses.
  

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The proposed regulation only codifies the explicit and implicit authority of M.G.L. c. 115B. Therefore, this regulation does not encourage the formation of small businesses.
  

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The proposed regulations focuses on the health, safety, and welfare of veterans in the Commonwealth. The regulation does not distinguish between businesses by size.
  

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The proposed regulations focuses on the health, safety, and welfare of veterans in the Commonwealth. The regulation does not distinguish between businesses by size.
  

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The regulation does not contain compliance or reporting requirements.
  

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. An analysis of design versus operational standards is inapplicable to this proposed change to the regulation.
  

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The proposed regulations focuses on the health, safety, and welfare of veterans in the Commonwealth. The regulation cannot meaningfully distinguish between businesses by size in this sector.