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Massachusetts Issues Emergency Solar Regulations

As reported previously, the Massachusetts DOER issued emergency regulations on June 20, 2025 at 225 CMR 28.00, which effectuates the SMART Program 3.0.  These emergency regulations took effect immediately.   

DOER filed emergency regulations 225 CMR 28.00, SMART Program 3.0 and minor changes to 225 CMR 20.00 (redline) to accommodate the transition to SMART 3.0, which are effective immediately (6/20/25). 

Under SMART 3.0: (1) DOER will conduct annual assessments, published for comment by October 1, 2025, to determine the program year’s: (i) Capacity Block; (ii) Capacity Allocation; (iii) Annual Capacity Set Asides; (iv) Base Compensation Rates; (v) Compensation Rate Adders; and (vi) Flat Incentive Rate for 25 kW or less solar tariff generation units (STGUs); (2) the following minimum capacity percentages will be set aside: (i) 10% for 250kW-500kW STGUs; (ii) 10% for low income property STGUs; and (iii) 15% for community shared STGUs; (3) the flat incentive rate for 25kW or less STGUs must be at least $0.01 per kWh and will “be based on the difference between the levelized revenue requirement for solar generation units less than or equal to 25 kW… and the average residential Net Metering Credit value… in the previous calendar year,” with a DOER-determined low income adder; (4) STGUs will be eligible for Class I RECs; (5) STGUs must: (i) use solar photovoltaic technology; (ii) not have a capacity over 5MW; and (iii) be connected to the Massachusetts grid; (6) STGUs with “a maximum net power production capacity of greater than” 1MW: (i) will obtain FERC qualifying facility.