New Jersey § 48:3-112

§ 48:3-112.

a. (1) An electric power supplier or a basic generation service provider shall offer

a facility net metering at a non-discriminatory rate. If the amount of electricity generated by the facility, plus any kilowatt hour credits

held over from previous billing periods, exceeds the electricity supplied by the electric

power supplier or basic generation service provider, then the electric power supplier

or basic generation service provider shall credit the facility for the excess kilowatt

hours until the end of the annualized period. If any kilowatt hour credit remains at the end of the annualized period, the facility

shall be compensated by the electric power supplier or basic generation service provider

for any remaining credits or, if the facility chooses, have the electric power supplier

or a basic generation service provider credit the facility on a real-time basis, at

the electric power supplier's or basic generation service provider's avoided cost

of wholesale power or the PJM electric power pool's real-time locational marginal

pricing rate, adjusted for losses, for the respective zone in the PJM electric power

pool. (2) In the event that the facility elects not to receive a credit pursuant to paragraph

(1) of this subsection, the facility may execute a bilateral agreement with an electric

power supplier or basic generation service provider for the sale and purchase of the

facility's excess generation. The facility may be credited on a real-time basis, if the facility follows applicable

rules prescribed by the PJM electric power pool for its capacity requirements for

the net amount of electricity supplied by the electric power supplier or basic generation

service provider. b. A facility may deliver or sell power to up to 10 end-use customers, who are located

within 10 miles of the facility and net-metered within the service territory of a

single electric public utility, and designate the end-use customers to be credited

by the electric power supplier or basic generation service provider with the excess

generation of the facility. The facility may designate the proportionate share of the excess electricity generated

to credit each of the designated end-use customers. c. The owner of a facility who sells or delivers power to an end-use customer pursuant

to the provisions of this section shall not be considered a public utility pursuant

to R.S.48:2-13 or P.L.1999, c. 23 ( C.48:3-49 et al.).