New Jersey Administrative Code
Title 14 - PUBLIC UTILITIES
Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY
Subchapter 9 - COMMUNITY SOLAR ENERGY PILOT PROGRAM RULES
Section 14:8-9.2 - Definitions
For the purposes of this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.
"Advertising" shall have the same meaning as set forth in N.J.A.C. 14:4-1.2.
"Affordable housing," shall have the same meaning as "affordable," as set forth in N.J.A.C. 5:80-26.2.
"Affordable housing provider" refers to any person or entity that owns, operates, or manages affordable housing units. Affordable housing providers may qualify as LMI participants in an LMI community solar pilot project, under the condition that they demonstrate in their application to the Board that they are passing along specific, identifiable, and quantifiable long-term benefits to their tenants/residents (see N.J.A.C. 14:8-9.8(a)).
"Annual net energy" means the total amount of net energy produced by the community solar facility on an annual basis, measured at the EDCs' meter.
"Annualized period" means a period of 12 consecutive monthly billing periods.
"Avoided cost of wholesale power," shall have the same meaning as set forth in N.J.A.C. 14:8-4.2.
"Basic generation service" or "BGS" shall have the same meaning as set forth in N.J.A.C. 14:4-1.2.
"Bill credit" refers to the credit placed on community solar subscribers' utility bills by their EDC, calculated according to the bill credit value as established in this subchapter.
"Board" or "BPU" shall have the same meaning as set forth in N.J.A.C. 14:3-1.1.
"Capacity" shall mean the nameplate capacity, measured as the sum of the nameplate capacities in DC rating of all individual photovoltaic panels physically interconnected to make up a community solar facility.
"Clean Energy Act" shall mean P.L. 2018, c. 17, signed into law on May 23, 2018.
"Co-location" is defined as having two or more independent community solar facilities providing subscriptions to two separate and distinct subscriber groups that are sited on the same parcel or contiguous parcels.
"Community solar developer" or "developer" means an entity that is duly authorized to do business in the State of New Jersey and constructs or contracts for the construction of a community solar facility within the State of New Jersey.
"Community Solar Energy Pilot Program" or "Pilot Program" refers to the program being established in this subchapter.
"Community Solar Energy Program" refers to the full-scale community solar program for which the Board shall adopt rules no later than January 1, 2022.
"Community solar facility" refers to the physical equipment, including, but not limited to, panels, inverters, racking, and balance of systems, which constitutes a solar facility used for community solar, with a nameplate capacity in DC rating not to exceed five MW.
"Community solar operator" means the entity in charge of the day-to-day oversight, safety, and control of the community solar project. The community solar operator may or may not have an ownership stake in the community solar project.
"Community solar owner" means the entity that legally and financially controls the community solar project. The "community solar owner" can be distinguished from the "community solar site owner."
"Community solar pilot project," "community solar project," or "project" refers to a community solar project approved by the Board for participation in the Pilot Program, including, but not limited to, the community solar facility, project participants, and subscribers.
"Community solar site owner" or "site owner" means the entity that legally and financially owns the real property on which the community solar facility exists.
"Community solar subscriber organization" or "subscriber organization" means the entity, duly registered with the Board that works to acquire original subscribers for the community solar project and/or acquires replacement subscribers over the lifetime of the community solar project and/or manages subscriptions for a community solar project. The community solar subscriber organization may or may not be, in whole, in part, or not at all, organized by the community solar developer, community solar owner, or community solar operator.
"Community solar subscriber" or "subscriber" refers to any person or entity who participates in a community solar project by means of the purchase or payment for a portion of the capacity and/or energy produced by a community solar facility. One electric meter denotes one subscriber.
"Community solar subscription" or "subscription" refers to an agreement to participate in a community solar project, by which the subscriber receives a bill credit for a portion of the community solar capacity and/or energy produced by a community solar facility. A subscription may be measured as capacity in kW and/or energy in kWh, ownership of a panel or panels in a community solar facility, ownership of a share of a community solar project, or a fixed and/or variable monthly payment to the project operator.
"Days" means calendar days, unless otherwise specified.
"DEP" means the New Jersey Department of Environmental Protection.
"EDC area" means the geographic area over which an electric distribution company has a privilege or franchise granted by the State or by any political subdivision of the State, in accordance with the provisions of N.J.S.A. 48:2-13 and 14.
"Electric distribution company" or "EDC" shall have the same meaning as an "electric public utility" provided in N.J.S.A. 48:3-51.
"Electric distribution system," shall have the same meaning as set forth in N.J.A.C. 14:5-1.2.
"Electronic Data Interchange" or "EDI" refers to the direct computer-to-computer exchange and processing of standard business forms from one business application to another, as defined and administered by the Board's Division of Energy.
"Entity" is defined as a natural person or persons or a legal person or persons.
"Existing solar project," for the purposes of the Community Solar Energy Pilot Program, refers to a solar project having begun operation and/or been approved by the Board for connection to the distribution system prior to February 19, 2019.
"Farmland," shall have the same meaning as set forth in N.J.A.C. 14:8-1.2.
"Government entity," shall have the same meaning as set forth in N.J.S.A. 48:3-51.
"Green Acres preserved open space" means land classified as either "funded parkland" or "unfunded parkland" under N.J.A.C. 7:36, or land purchased by the State with "Green Acres funding" (as defined at N.J.A.C. 7:36).
"Green Button" is the energy industry-led effort initiated by the U.S. Department of Energy to provide utility customers with easy and secure access to their energy usage information in a standardized, consumer-friendly, and computer-friendly format.
"Historic annual usage" means the average amount of electricity supplied by an electric power supplier or basic generation service provider to the customer over the most recent 12-month period.
"Housing Choice Voucher Program Section 8" or "Section 8 Housing Assistance" is a Federal program to provide housing assistance to very low-income families, the elderly, and the disabled.
"HUD" means the United States Department of Housing and Urban Development.
" In-State retail electric sales" means the electricity sold by third party suppliers or BGS providers directly to end-use consumers within EDC service territories in the State of New Jersey.
"Interconnection agreement" means an agreement between a generator and an EDC, which governs the connection of the generator facility to the electric distribution system, as well as the ongoing operation of the generator facility after it is connected to the system. An interconnection agreement shall follow the standard form agreement developed by the Board and available from each EDC.
"kW" means kilowatts, a unit of power representing 1,000 watts. A kW equals 1/1000 of a MW.
"kWh" means kilowatt-hours, a unit of energy representing 1,000 watt-hours. A kWh equals 1/1000 of a MWh.
"Low- and Moderate-Income subscriber" or "LMI subscriber" means a community solar subscriber that meets the definition of a low-income household or a moderate-income household pursuant to this chapter. It may also mean an entity that qualifies as an affordable housing provider, pursuant to N.J.A.C. 14:8-9.8(a)2.
" Low-income household" means a household with adjusted gross income at or below 200 percent of the Federal poverty level.
"Moderate-income household" means a household with a total gross annual household income in excess of 200 percent of the Federal Poverty Level, but less than 80 percent of the median income, as determined by annual HUD income limits.
"Multi- family buildings" or "multiple dwellings" are defined as having three or more independent resident housing units, as per N.J.S.A. 55:13A-3(k) and the 2015 New Jersey International Building Code definition for Residential Group R-2.
"MW" means megawatts, a unit of power representing 1,000,000 watts. A MW equals 1,000 kW.
"Nameplate capacity" means the maximum rated output of an electric power generator under specific conditions designated by the manufacturer and usually indicated on a nameplate physically attached to the power production equipment.
"Open space" refers to land designated as "open" or a synonymous term in a municipal or county master plan or easement.
"Payment Assistance for Gas and Electric Program" or "PAGE" is an annual utility assistance program that helps low- and moderate-income families experiencing economic hardship pay their utility bills. The PAGE Program is funded by the Board.
"Preserved farmland" means land from which a permanent development easement was conveyed and a deed of easement was recorded with the county clerk's office pursuant to N.J.S.A. 4:1C-11et seq., land subject to a farmland preservation program agreement recorded with the county clerk's office pursuant to N.J.S.A. 4:1C-24, land from which development potential has been transferred pursuant to N.J.S.A. 40:55D-113et seq. or 40:55D-137 et seq., or land conveyed or dedicated by agricultural restriction pursuant to N.J.S.A. 40:55D-39.1.
"Program year" or "PY" means the period from the official launch of the Community Solar Energy Pilot Program, as set forth at N.J.A.C. 14:8-9.3(a). Each of the three program years for the Pilot Program shall be numbered PY1, PY2, and PY3, respectively.
"Residential customer" shall have the same meaning as set forth in N.J.A.C. 14:3-1.1.
"Societal benefits charge" shall have the same meaning as set forth in N.J.S.A. 48:3-51.
"Solar panel" or "PV panel" shall have the same meaning as set forth in P.L. 2018, c. 17.
"Solar renewable energy certificate" or "SREC" shall have the same meaning as set forth in N.J.S.A. 48:3-51.
"Supplemental Nutrition Assistance Program" or "SNAP" is the program providing food assistance to needy families, as administered by the New Jersey Department of Human Services, codified at N.J.A.C. 10:87.
"Telemarketing sales call" or "Telemarketing" means a telephone call made by a community solar subscriber organization to a potential subscriber as part of a plan, program, or campaign to encourage them to sign a community solar subscription. A telephone call made to an existing subscriber for the sole purpose of collecting on accounts or following up on contractual obligations shall not be deemed a telemarketing sales call. A telephone call made in response to an express written, electronic, or telephonic request of a customer shall not be deemed a telemarketing sales call
"Unallocated/reallocated capacity" is defined as program capacity that is either not allocated to a community solar project approved within a given program year, or which was allocated to a community solar project approved within a given program year that has been deemed by the Board or Board staff, in its sole reasonable discretion, as no longer able to be completed.
"Universal Service Administrative Company" or "USAC" is an independent not-for-profit company designated by the Federal Communications Commission to administer four universal service programs. In particular, USAC administers Lifeline, a program that provides financial assistance to low-income consumers for phone and Internet services.
"Unsolicited advertisement" means any advertising claims of the commercial availability or quality of services provided by a community solar subscriber organization, which is transmitted to a potential subscriber without that customer's prior express invitation or permission.
