Section 21.05 - General Criteria for Long-term Contracts and Renewable Energy Generation Sources(1) Long-term Contracts must be with renewable generation sources that: (a) Have a commercial operation date, as verified by DOER, on or after January 1, 2013;(b) Are qualified by DOER as eligible to participate in the Renewable Portfolio Standards (RPS) program, and to sell RECs under the RPS program;(c) Are determined by the Department to: 1. Provide enhanced electricity reliability within the Commonwealth of Massachusetts;2. Contribute to moderating system peak load requirements;3. Be cost effective to Massachusetts electric ratepayers over the term of the contract; and4. Create additional employment and economic development, where feasible; and(d) Are a cost-effective mechanism for procuring low cost renewable energy on a long-term basis taking into account the factors outlined in 220 CMR 21.00.(2) The market products of Renewable Energy Generation Sources through the Long-term Contract(s) shall be apportioned among the Distribution Companies. The apportioned share shall be calculated and based upon the total energy demand from all Customers in each service territory of the Distribution Companies.(3) 10% of the aggregate level of Long-term Contracts under 220 CMR 21.00 shall be reserved for newly developed, small, emerging or diverse renewable energy distributed generation facilities, as determined by DOER, which are located within each Distribution Company's service territory. Notwithstanding anything contained in 220 CMR 21.00 to the contrary, each Distribution Company shall be required to solicit proposals for such distributed generation facilities separately through competitive bidding process only. Distributed generation facilities qualifying under 220 CMR 21.05(3) shall have nameplate capacity not larger than six megawatts, and shall not qualify as a Class I, II or III net metering facility, as defined by M.G.L. c. 164, § 138; provided, however, that Long-term Contracts reserved for newly developed, small, emerging or diverse renewable energy distributed generation facilities shall not be awarded to any technology that had more than 30 megawatts of capacity installed in the Commonwealth prior to April 1, 2012, as determined by DOER.(4) In evaluating Long-term Contracts, the Department will consider the recommendations of the Attorney General, which shall be submitted to the Department within 45 days of the filing of Long-term Contracts.(5) If the Distribution Companies are unable to agree on a winning bid under a joint solicitation under 220 CMR 21.00, the matter shall be submitted to the Attorney General, in consultation with DOER for a final, binding determination of the winning bid.