N.J. Admin. Code § 14:8-10.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:8-10.4 - Transition Incentive eligibility

(a) The Transition Incentive shall be available to projects that submitted a complete SREC Registration Program registration or a complete subsection t application after October 29, 2018, but have not received a Permission to Operate at the time the Board determines that the State has attained 5.1 percent of its retail sales from solar electric generation facilities and closes the SRP to new registrations. The Transition Incentive shall also be available to the Subsection r applications that received conditional certification from the Board in an Order dated March 29, 2019, if they have not received a Permission to Operate at the time the Board determines that the State has attained 5.1 percent of its retail sales from solar electric generation facilities (5.1% Milestone). The Transition Incentive eligibility criteria for these projects that will be transferred into the Transition Incentive Program are set forth at (d) below.

(b) In the event that the SREC Registration Program is closed to new registrations before the establishment of a registration program for the solar Successor Incentive Program, the Board may allow projects that comport with the SREC eligibility requirements at N.J.A.C. 14:8-2.4, the Board's Implementing Orders, and the definition of "connected to the distribution system" at N.J.A.C. 14:8-1.2, to register for the TI Program. However, no new registrations for Subsection (r) applications shall be accepted. The Transition Incentive eligibility criteria for these new projects registering for the Transition Incentive Program after the attainment of the 5.1% Milestone are set forth at (e) below.

(c) A proposed project submitted for registration in the TI-RPS following the closure of the SREC registration program must be registered prior to the Board's establishment of a registration program for the Successor Incentive Program. Said projects shall not be subject to the deadline set forth at N.J.A.C. 14:8-2.4(c)1, which requires projects to register within 14 days of the execution of a contract. Projects will, therefore, also not be subject to the penalty for non-compliance with this 14-day deadline set forth at N.J.A.C. 14:8-2.4(e). In lieu of an executed contract, a TI registration package must contain a consumer disclosure form executed by the solar developer and customer-generator on a standard form made available on the website of the New Jersey Clean Energy Program (NJCEP).

(d) Solar electric generation facilities that have received a conditional registration for SRECs pursuant to N.J.A.C. 14:8-2.4(h)4 that has not expired, been cancelled, or commenced commercial operations prior to the 5.1% Milestone and have not submitted a post-construction certification package within 90 days of the 5.1% Milestone that have been transferred to the Transition Incentive registration program will receive a new conditional registration. The new registration will incorporate a requirement to commence commercial operations and submit a post-construction certification package within *18 months* of the date that the Board determines that the 5.1% Milestone has been attained, except for projects granted conditional certification under the Subsection (r) program (N.J.S.A. 48:3- 87(r)*), which will retain the registration expiration date set by the Board Order granting the project conditional certification; projects granted conditional certification under the Subsection (t) program (N.J.S.A. 48:3-87(t)) prior to April 30, 2020, which will receive a new registration on the later of the date set by the Board Order granting the project conditional certification, plus any extensions that have been granted or *18 months* from the date that the Board determines that the 5.1% Milestone has been attained.

1. Such facilities must utilize the NJCEP website to confirm registration transfer from the SREC registration program to the Transition Incentive registration program and identify the defined market segment described at N.J.A.C. 14:8-10.5(b)1.

2. Facilities registered for TREC eligibility, if they commence commercial operations and submit a post-construction certification package prior to the one-year anniversary of the date that the Board determined the 5.1% Milestone was attained (or as described in this subsection for Subsection (t) and Subsection (r) projects), will be assigned a New Jersey State Certification Number for use in obtaining TRECs from PJM-EIS GATs.

3. Facilities registered for TREC eligibility, if they do not commence commercial operations and submit a post-construction certification package prior to the one-year anniversary of the date that the Board determined the 5.1% Milestone was attained (or as described in this subsection for Subsection (t) and Subsection (r) projects), will not be eligible for TRECs.

(e) Solar electric generation facilities seeking Transition Incentive program eligibility following the determination that the 5.1% Milestone has been met and prior to the Board's announcement of the opening of a registration process for the Successor Incentive Program must complete the following process in order to be issued a notice of conditional registration:

1. The registrant shall submit a complete registration package to the Board prior to the Board's announcement of the opening of a Successor Incentive program. Each initial registration package shall be completed in accordance with the instructions found on the Board's New Jersey Clean Energy Program website at www.njcleanenergy.com. The registration instructions shall require the following basic types of information:

i. Information identifying and describing the owner, host location, builder/installer, and operator of the solar electric generating facility;

ii. Basic information describing the solar facility, including its capacity, manufacturer, and expected output;

iii. A technical worksheet, in a form provided on the Board's NJCEP website, detailing the technical specifications of the solar facility;

iv. A construction schedule for completing the solar facility, including significant milestones;

v. For net metered projects, a consumer disclosure agreement executed between the owner and installer of the solar facility;

vi. For grid supply projects applying under Subsection (t), a binding legal document that provides reasonable assurance that the solar facility will be constructed;

vii. Basic information regarding the cost of equipment and installation, presented as a simple budget;

viii. A site map of the land upon which the generating facility will be located, including all features that may affect the construction and/or performance of the solar facility; and

ix. Any other data or information necessary for Board staff to determine whether the solar electric generation from the facility will meet the requirements for TRECs under this subchapter;

2. Upon receipt of an initial registration package, Board staff shall review the package for completeness. If the initial registration package is incomplete or deficient, Board staff shall notify the registrant in writing of the deficiencies. The registrant shall revise the package and resubmit it within seven business days of this notice. Failure to resubmit within this time will result in cancellation of the registration process, in which case a complete new registration process shall be required for the solar facility to obtain a New Jersey State Certification Number;

3. Once the registration package is complete, Board staff shall review the package to determine whether the solar facility meets the TREC eligibility requirements of this subchapter. If the facility does not meet these requirements, Board staff shall notify the registrant; and

4. If the solar facility *,* as described in the initial registration package *,* meets TREC eligibility requirements, Board staff shall issue notice to the registrant of a conditional registration for the facility. The notice of the conditional registration shall:

i. State that, if the solar facility is constructed as described in the initial registration package, Board staff will issue a New Jersey State Certification Number for the solar facility upon construction completion and inspection subject to conditions referenced in this subsection;

ii. Include an expiration date occurring on:

(1) The *18-month* anniversary of the registrant's notice of conditional registration for facilities that are net metered, provide on-site generation, or provide power for a qualified customer engaged in aggregated net metering *and that registered in the Transition Incentive Program prior to October 30, 2020*;

(2)* The one-year anniversary of the registrant's notice of conditional registration for facilities that are net metered, provide on-site generation, or provide power for a qualified customer engaged in aggregated net metering and that registered in the Transition Incentive Program after October 30, 2020; or*

(3)** For Subsection (t) projects (that is, projects granted conditional certification pursuant to N.J.S.A. 48:3-87(t)), the two-year anniversary of the registrant's Board Order granting conditional certification; and

iii. Include notice that construction of the facility must be completed prior to the expiration of the conditional registration.

(f) When construction of the solar electric generating facility is complete, the facility owner shall submit a post-construction certification package that meets the requirements of (g) below, and shall request an inspection of the facility by Board staff, or an inspection waiver, through the Board's NJCEP website at www.njcleanenergy.com.

(g) A post-construction certification package shall include all of the following:

1. A copy of the conditional registration notice issued by the Board under this section;

2. A final "as built" technical worksheet, detailing the technical specifications of the completed solar electric generating facility, including any changes from the technical worksheet submitted as part of the initial registration package;

3. Digital photographs of the site and the completed solar facility;

4. A shading analysis, detailing any shade that will affect the facility;

5. An estimate of the electricity production of the solar facility;

6. Where applicable, documentation of compliance with all applicable Federal, State, and local law, including eligibility for any tax incentives or other government benefits;

7. A copy of the initial application, executed by the relevant EDC, to interconnect the facility to the corresponding EDC's distribution system, as well as the EDC or PJM approval to interconnect and energize the facility; and

8. A statement that an inspection of the solar facility, or an inspection waiver, has been requested through the Board's NJCEP website, and the date of the request.

(h) Additional requirements to establish TI eligibility for Subsection (t) projects are enumerated at N. J.S.A. 48:3-87(t), the Solar Act of 2012, and the Board's Implementing Orders, and are incorporated herein by reference. Developers must apply to the Board for conditional certification of projects seeking eligibility for TRECs using the same process developed for SREC eligibility pursuant to P.L. 2012, c. 24 (N.J.S.A. 48:3-87(t)).

(i) Except as modified in this subchapter, all TI Program projects must comply with all rules and regulations of the SREC Registration program at N.J.A.C. 14:8-2.4.

N.J. Admin. Code § 14:8-10.4

Adopted by 52 N.J.R. 1850(a), effective 10/5/2020