Current through Register Vol. 56, No. 18, September 16, 2024
(a) This subchapter
sets forth net metering requirements that apply to electric power suppliers,
basic generation service providers, and electric distribution companies, as
defined at
14:4-1.2, which have customers who
generate class I renewable energy, as defined at
14:8-1.2, on the customer's side
of the meter.
(b) For the purposes
of this subchapter, class I renewable energy that meets all of the following
criteria shall be deemed to be generated on the customer's side of the meter:
1. The renewable energy generation facility
is located either:
i. Within the legal
boundaries of the property, as set forth within the official tax map, on which
the energy is consumed; or
ii.
Within the legal boundaries of a property, as set forth within the official tax
map, that is contiguous to the property on which the energy is consumed. The
property on which the energy is consumed and the property on which the
renewable energy generation facility is located shall be considered contiguous
if they are geographically located next to each other, but may be otherwise
separated by an existing easement, public thoroughfare, or transportation or
utility-owned right-of-way and, but for that separation, would share a common
boundary. The fact that a public thoroughfare may be encumbered by third-party
easements does not alter a determination as to whether two properties would be
considered contiguous;
2. The renewable energy is delivered from the
generation facility to the property on which the energy is consumed through
wires and/or other equipment installed, owned, and operated by an entity other
than the EDC and the entity that owns and/or operates the equipment used to
transport the renewable energy shall have the affirmative responsibility for
complying with all applicable codes and other safety requirements set forth in
the Board's rules, including, but not limited to, the requirements imposed upon
underground facility operators at N.J.A.C. 14:2-4;
3. The renewable energy generation facility
serves only one net metering customer, as defined in this subchapter. If a
property contains more than one generation facility, each facility shall meet
the requirements of (b)1 and 2 above, and additionally shall:
i. Serve a separate net metering customer;
and
ii. Meet the requirement at
14:8-4.3(a) that
the generation facility's capacity not exceed the electricity supplied to the
customer over an historical 12-month period; and
4. The Board shall hold the net metering
customer responsible for ensuring compliance with this subchapter.
Noncompliance with this subchapter, whether due to the action or inaction of
the net metering generator or the net metering customer, will be deemed a
violation by the net metering customer.
(c) Prior to the grant of authorization to
energize to the renewable energy facility, the net-metering customer must have
installed and activated the entire proposed load against which the renewable
energy generation will be netted.
