New Jersey § 48:3-121

§ 48:3-121.

a. Notwithstanding the provisions of P.L.1999, c. 23 ( C.48:3-49 et al.), P.L.2021, c. 169 ( C.48:3-114 et al.), or any other law, rule, regulation, or order to the contrary, a qualified

solar electric power generation facility that, due to a delay attributable to a tolling

event, fails, or is projected to fail, to achieve project completion or commercial

operation by the deadline date established by law, rule, regulation, board order,

incentive program registration acceptance letter, or other approval or authorization

for that facility, shall receive an automatic extension of the project completion

or commercial operation deadline date established for that facility. The extension granted pursuant to this section shall be for a period that is two years

beyond what otherwise would be the deadline for the qualified solar electric power

generation facility to achieve commercial operation pursuant to the applicable board

order granting conditional certification as connected to the distribution system,

including any extensions previously authorized by law, rule, regulation, or applicable

board order. The automatic extension shall protect the qualified solar electric power generation

facility from forfeiting the following: (1) designation as “connected to the distribution system”; (2) eligibility to continue to participate in the applicable solar incentive program

for which application was made; (3) eligibility to receive the financial incentives provided by the solar incentive

program for which application was made; and (4) any other benefit or incentive available to a qualified solar electric power generation

facility conditionally approved to participate in the solar incentive program. b. (1) To be eligible to receive the automatic extension provided by this section,

the project sponsor of a qualified solar electric power generation facility shall

certify in writing, and provide supporting documentation, to the board of the occurrence

of the tolling event. The certification shall describe the tolling event, the date of application to PJM

Interconnection, L.L.C., and the anticipated duration of the delay associated with

the tolling. (2) Within 45 days after receipt of a certification from a project sponsor of the

occurrence of a tolling event pursuant to paragraph (1) of this subsection, the board

shall issue an unconditional order approving an automatic extension of the project

deadline date or commercial operation deadline date established for the facility,

whether established by law, rule, regulation, board order, incentive program registration

acceptance letter, or other approval or authorization for that facility. The order shall be issued by the board on a non-discretionary basis, and no factual

investigation or hearing by the board shall be conducted. The order shall acknowledge receipt of certification of the tolling event, extend

the previously established project completion or commercial operation deadline date

for the facility by an amount of time prescribed by this section, and provide such

other and further relief as the board may deem appropriate. c. A project sponsor shall have a continuing obligation to apprise the board, on at

least a quarterly basis, regarding the nature and extent of the tolling event and

its anticipated duration, which requirement may be satisfied by including such information

in the quarterly milestone reporting form required to be submitted to the board for

the qualified solar electric power generation facility. d. The project sponsor shall complete the facility and commence commercial operation

within the time period provided by the applicable board order and this section. e. In the event a qualified solar electric power generation facility receiving an

extension pursuant to this section achieves commercial operation 12 months or less

beyond what otherwise would be the deadline for the qualified solar electric power

generation facility to achieve commercial operation pursuant to the applicable board

order granting conditional certification as connected to the distribution system,

including any extensions previously authorized by law, rule, regulation, or applicable

board order, that qualified solar electric power generation facility shall receive

the solar incentive pursuant to the solar incentive program for which application

was made at a discount of 10 percent of the original incentive value. In the event a qualified solar electric power generation facility receiving an extension

pursuant to this section achieves commercial operation between 12 and 24 months beyond

what otherwise would be the deadline for the qualified solar electric power generation

facility to achieve commercial operation pursuant to the applicable board order granting

conditional certification as connected to the distribution system, including any extensions

previously authorized by law, rule, regulation, or applicable board order, that qualified

solar electric power generation facility shall receive the solar incentive pursuant

to the solar incentive program for which application was made at a discount of 15

percent of the original incentive value. f. As used in this section: “ Project sponsor ” means a municipality, business entity, person, property owner, developer, redeveloper,

or other interest that is the party pursuing the development and implementation of

a qualified solar electric power generation facility under a solar incentive program

administered by the board. “ Qualified solar electric power generation facility ” or “ facility ” means a solar electric power generation facility that has, as of the effective date

of P.L.2023, c. 158 ( C.48:3-121 ), received by board order conditional certification to participate in a solar incentive

program pursuant to subsection t. of section 38 of P.L.1999, c. 23 ( C.48:3-87 ). “ Tolling event ” means any action or inaction of the PJM Interconnection, L.L.C., any moratorium

in new applications declared by the PJM Interconnection, L.L.C., any deferral in processing

of existing applications by the PJM Interconnection, L.L.C., any new application process,

study, report, or analysis established by the PJM Interconnection, L.L.C., to approve

and contract a project, the deferral to negotiate, execute, and deliver any other

engineering or other studies, agreements, or approvals required by the PJM Interconnection,

L.L.C., as a prerequisite to project interconnection or commercial operation of a

qualified solar electric power generation facility.