New Jersey § 48:3-87

§ 48:3-87.

a. No later than 210 days after the date of enactment of P.L.2018, c. 17 ( C.48:3-87.8 et al.), the Board of Public Utilities shall adopt, pursuant to the “Administrative

Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations establishing a “Community Solar Energy Pilot Program” to

permit customers of an electric public utility to participate in a solar energy project

that is remotely located from their properties but is within their electric public

utility service territory to allow for a credit to the customer's utility bill equal

to the electricity generated that is attributed to the customer's participation in

the solar energy project. b. The rules and regulations developed by the board shall establish: (1) a capacity limit for individual solar energy projects to a maximum of five megawatts

per project; (2) an annual capacity limit for all solar energy projects under the pilot program; (3) geographic limitations for solar energy projects and participating customers; (4) a minimum number of participating customers for each solar energy project; (5) the value of the credit on each participating customer's bill; (6) standards to limit the land use impact of a solar energy project as required in

subsection r. of section 38 of P.L.1999, c. 23 ( C.48:3-87 ); (7) the provision of access to solar energy projects for low and moderate income customers; (8) standards to ensure the ability of residential and commercial customers to participate

in solar energy projects, including residential customers in multifamily housing; (9) standards for connection to the distribution system of an electric public utility;

and (10) provisions to minimize impacts to the distribution system of an electric public

utility. c. The board shall make available on its Internet website information on solar energy

projects whose owners are seeking participants. d. The board shall establish standards and an application process for owners of solar

energy projects who wish to be included in the Community Solar Energy Pilot Program. The standards for the Community Solar Energy Pilot Program shall include, but need

not be limited to, a verification process to ensure that the solar energy projects

are producing an amount of energy that is greater than or equal to the amount of energy

that is being credited to its participating customer's electric utility bills pursuant

to subsection b. of this section, and consumer protection measures. Projects approved by the board shall have at least two participating customers. The board may restrict qualified solar energy projects to those located on brownfields,

landfills, areas designated in need of redevelopment, in underserved communities,

or on commercial rooftops. e. Subject to review by the board, an electric public utility shall be entitled to

full and timely cost recovery for all costs incurred in implementation and compliance

with this section. f. No later than 36 months after adoption of the rules and regulations required pursuant

to subsection b. of this section, the board shall adopt rules and regulations, pursuant

to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), to convert the Community Solar Energy Pilot Program to a permanent program. The board shall adopt rules and regulations for the permanent program that set forth

standards for projects owned by electric public utilities, special purpose entities,

and nonprofit entities. The rules and regulations shall also: (1) limit the capacity of each solar energy project to a maximum of five megawatts; (2) establish a goal for the conditional registration of 225 megawatts of solar energy projects prior to June 1, 2024, with an additional 275 megawatts prior to June 1, 2024 if qualified

applications exceed 225 megawatts, an additional 250 megawatts prior to June 1, 2025

if qualified applications exceed 500 megawatts, and at least an additional 150 megawatts per year thereafter , taking into account any changes to the SREC program; (3) set geographic limitations for solar energy projects and participating customers; (4) provide for a minimum number of participating customers for each solar energy

project; (5) require the provision of access to solar energy projects for low and moderate

income customers; (6) establish standards to ensure the ability of residential and commercial customers

to participate in solar energy projects, including residential customers in multifamily

housing; (7) establish a method for determining the value of the credit on each participating

customer's bill; (8) establish timeframes for the credit available to the customer; (9) establish standards and methods to verify solar electric energy generation on

a monthly basis for a solar energy project; (10) establish standards consistent with the land use provisions for solar energy

projects as provided in subsections r., s., and t. of section 38 of P.L.1999, c. 23 ( C.48:3-87 ); (11) establish standards, fees, and uniform procedures for solar energy projects to

be connected to the distribution system of an electric public utility; (12) minimize impacts to the distribution system of an electric public utility; (13) require monthly reporting requirements for the operators of solar energy projects

to the electric public utility, project customers, and the board; (14) require reporting by the electric public utility to the operator of a solar energy

project on the value of credits to the participating customer's bills; (15) require transferability, portability, and buy-out provisions for customers who

participate in community solar energy projects ; (16) establish requirements and standards that provide for the auditing and enforcement

of a solar energy project's compliance with the provisions of this section and the

rules and regulations adopted pursuant thereto, including the project's compliance

with commitments related to providing access to solar energy projects to low- and

moderate-income customers and bill crediting; and (17) allow, in a form and manner to be determined by the board, low- and moderate-income

residential customers to self-attest to the customer's income as an acceptable income

verification method for participation in a solar energy project . g. As used in this section: “ Solar energy project ” means a system containing one or more solar panels and associated equipment. “ Solar panel ” means an elevated panel or plate, or a canopy or array thereof, that captures and

converts solar radiation to produce electric power, and is approved by the board to

be included in the Community Solar Energy Pilot Program. “ Solar power ” includes flat plate, focusing solar collectors, or photovoltaic solar cells and

excludes the base or foundation of the panel, plate, canopy, or array.