New Jersey Administrative Code
Title 14 - PUBLIC UTILITIES
Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY
Subchapter 9 - COMMUNITY SOLAR ENERGY PILOT PROGRAM RULES
Section 14:8-9.8 - Low- and moderate-income provisions
Universal Citation: NJ Admin Code 14:8-9.8
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A low- and moderate-income subscriber for the purposes of this subchapter is as follows:
1. A low-income household or a
moderate-income household .
2.
Affordable housing providers may also qualify as an LMI subscriber for the
purposes of a community solar project. In order to do so, they must:
i. Demonstrate in their application to the
Board and sign an affidavit that they are passing along specific, substantial,
identifiable, and quantifiable long-term benefits to their residents/tenants;
and
ii. Sign and submit to the
Board, an affidavit indicating that they will pass along said specific,
substantial, identifiable, and quantifiable long-term benefits to their
residents/tenants.
(b) An LMI community solar pilot project is defined as a community solar pilot project in which a minimum 51 percent of project capacity is subscribed by LMI subscribers.
(c) An LMI community solar project may not accept participation by a non-LMI subscriber if doing so would cause LMI participation in the project to fall below 51 percent of project capacity.
(d) The following LMI eligibility criteria shall be applied:
1. If
the community solar pilot project is sited on government-owned property, and is
serving LMI subscribers living on that property, the government site owner may
provide a sworn statement that those community solar pilot project subscribers
are considered LMI for the purposes of the Pilot Program.
2. In all other cases, subscribers must be
individually qualified as LMI for the purposes of the Pilot Program. The
subscriber organization for each project shall receive and review proof of LMI
eligibility for each LMI subscriber. Any of the following may be accepted by a
subscriber organization as proof of LMI status for individual subscribers:
i. Proof of participation in one or more of
the following: LIHEAP, Universal Service Fund, Comfort Partners, Lifeline
Utility Assistance Program, Payment Assistance for Gas and Electric, Section 8
Housing Choice Voucher Program, Supplemental Nutrition Assistance Program, the
Lifeline program administered by the Universal Service Administrative Company,
or other low- or moderateincome local, State, or Federal programs, as may be
added to this list by the Board by Board Order;
ii. If the subscriber is a residential
customer, proof that the subscriber's metered residence is in a census block
group in which 80 percent or more of the households earn less than 80 percent
of the area median income, as determined by data from the U.S. Department of
Housing and Urban Development; or
iii. An alternate form of income verification
proposed through a petition by a subscriber organization and approved by the
Board. The petition shall include: a written description of the proposed income
verification method; a complete description of how the method respects consumer
privacy concerns; how the measures and safeguards established prevent fraud or
misrepresentation by either the prospective subscriber or a subscriber
organization; if the proposed methodology utilizes a statistical
probability-based identification mechanism, how the method is reasonably
expected to minimize incorrect eligibility determinations; and how the Board
will be able to verify the income claims for accuracy. Alternatively, a
subscriber organization may provide notice to Board staff of the entity's
intent to utilize a verification mechanism that has already been approved by
the Board. A subscriber organization may not utilize any alternate method of
income verification until it has been approved by the Board.
3. Qualification of a household as
low-income or moderate-income is required only once per subscription, at the
time of execution of the subscription agreement or contract.
4. A community solar subscriber whose
subscription has, for any reason, ended must re-submit a new application along
with LMI qualifying criteria if applicable.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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