Solar Act Proceedings, Implemetation, and Milestones
This page contains a chronological list of all proceedings related to the implementation of the Solar Act. It will be updated as new proceedings are scheduled and materials are submitted.
- Solar Act Stakeholder Meeting Process
- Aggregated Net Metering
- Calculation methodology for allocating the increased RPS obligation
- SREC Qualification Life
- Subsections of the Solar Act
On July 23, 2012, L. 2012, C. 24 ("Solar Act") was signed into law by Governor Christie. The Solar Act amends certain aspects of the statute governing generation, interconnection, and financing of renewable energy. Among other actions, the Solar Act requires the New Jersey Board of Public Utilities ("Board") to conduct proceedings to establish new standards and to develop new programs to implement the directives. On October 4, 2012, the Board directed Staff to initiate proceedings and convene a public stakeholder process to fulfill the directives of the Solar Act (Docket No. EO12090832V).
- Public Notice of Stakeholder Meeting dated October 25, 2012
- Video recording of Stakeholder Meeting
- Reminder Notice of Opportunity for Public Comment issued November 9, 2012
Fifty written comments were received by the submittal deadline, with some entities submitting multiple comments. All comments can be viewed. A Table of Contents at the beginning of the document outlines the order in which they appear.
On March 20, 2013, following a public stakeholder process, the Board adopted new rules at N.J.A.C. 14:8-7 to codify the Aggregated Net Metering requirements of the Solar Act. The rules are designed to permit public entity electric utility customers to install a solar generation system, sized not to exceed the aggregate of the metered annual use of the customer's qualified facilities that are all in the same rate class under the applicable tariff. The meter directly connected to the solar generation system must use a net metering billing account that will be the only meter to benefit from the full retail value of the electricity produced by the solar generation system. Major components of the rules include the requirement that only the meter on which the solar generation system is installed may receive a retail credit for the solar system's generation and that all other qualified facilities shall be billed at the full retail rate, with the customer receiving compensation at the wholesale rate for all generation in excess of the usage at the host location. The rules can be accessed online at www.lexisnexis.com/njoal under Title 14 Chapter 8 of the New Jersey Administrative Code.
In the Order dated May 21, 2014, I/M/O the Implementation of the Solar Act L.2012, C.24, N.J.S.A. 48:3-87 (D)(3)(C): the Limited Exemption of Certain Basic Generation Service Providers from the Increased Solar Requirements, the Board approved the proposed calculation methodology for allocating the increased RPS obligation from exempt BGS providers to non-exempt BGS providers. The Order also extends the deadline for the filing of the solar portion of the Annual RPS Compliance Report for the period ending May 31, 2014 to December 1, 2014.
- I/M/O the Implementation of the Solar Act L.2012, C.24, N.J.S.A. 48:3-87 (D)(3)(C): the Limited Exemption of Certain Basic Generation Service Providers from the Increased Solar Requirements
In the Order dated September 18, 2013, I/M/O the Implementation of N.J.S.A 48:3-87 (T), the Board found the regulations concerning the definition of "qualification life" need to be amended to reflect that authorization to accrue SRECs requires Board approval under the Solar Act and approval to energize by the appropriate authority. The current definition of "qualification life" set forth in N.J.A.C. 14:2-2.2 does not reflect this two-pronged requirement, as it was written and codified prior to the Solar Act. Until such time as the regulations may be amended, the Board will define the start of the “qualification life" for applications submitted pursuant to the Soar Act based upon "the date of authorization to energize or the date upon which the Solar Act application for Board approval was filed, whichever is later." (Docket Nos. EO12090832V, EO12090862V)
The Board approved an application process for an initial round of applications on April 29, 2013. The Order approving this initial Subsection q. application process with attached instructions for filing a notice of intent to apply, the application and a standard form escrow agreement is available at the link below. The application process is intended only for developers of grid-supply solar electric power generation facilities ("Facilities") seeking approval from the New Jersey Board of Public Utilities ("NJBPU" or "Board") to qualify pursuant to N.J.S.A. 48:3-87 (q) as "connected to the distribution system" for purposes of Solar Renewable Energy Certificate ("SREC") eligibility.
The initial Subsection (q) application process was a two part process, which opened on May 15, 2013 with applicants being required to submit via electronic mail a completed, signed and scanned one-page Notice of Intent. An application with an escrow agreement executed by May 15 was required to be hand delivered to the Board within five calendar days of filing the Notice or by May 31, whichever was earlier.
A copy of the Subsection (q) application materials from the initial application period is also available at the link below. This document includes instructions, a one page notice of intent, the application form and standard form escrow agreement in writeable "PDF" format.
On August 21, 2013, the Board approved or conditionally approved 21 Subsection (q) applications from the initial round of applications held in May 2013. The Board also directed staff to conduct a second round of applications to fill the remaining capacity in each year. The Order approving the second Subsection (q) application process is available at the link below. Also below are attached instructions for filing a notice of intent to apply in the second round, an updated application and a revised standard form escrow agreement. This second application process is intended only for developers of grid-supply solar electric power generation facilities ("Facilities") shall not exceed 10 MWdc at a unique interconnection point seeking approval from the New Jersey Board of Public Utilities ("NJBPU" or "Board") to qualify pursuant to N.J.S.A. 48:3-87 (q) as "connected to the distribution system" for purposes of Solar Renewable Energy Certificate ("SREC") eligibility.
Archive documents of interest related to Subsection (q):
- I/M/O the Petition of Brickyard for an Extension of Time 05.25.16
- Petition of Brickyard for an Extension of Time 04.01.16
- I/M/O the Petition of True Green for an Extension of the Designation Date Augusta Solar Farms 02.24.16
- Petition of True Green Capital Augusta Solar for an Extension EY14 Designation Date 01
- Subsection (q) (initial round) Notices of Intent to Apply
- Solar Act Subsection (q) Application Materials (initial round)
- Subsection (q) (initial round) Writable Application
- Subsection (q) (initial round) Frequently Asked Questions
- Solar Act Subsection (q) Board Order 04-29-13 Item 8D
- Order Supplementing the Escrow Agreement -06.21.13
- Solar Act Subsection (q) Board Order 08-21-13 Item 8E
- Solar Act Subsection (q) Board Order 08-21-13 Item 8F
- Updated Round 2 Solar Act Subsection (q) Application Package 10-10-13
- Updated Frequently Asked Questions about Subsection (q) 10-10-13
- Solar Act Subsection (q) Round 2 Applications 12-13-13
- Solar Act Subsection (q) Board Order 1-29-14 Item 8D
- Solar Act Subsection (q) Board Order 1-29-14 Item 8E
- Solar Act Subsection (q) Board Order 3-19-14 Item 8C
- Subsection (q) Return of Escrow Instructions 032414
- I/M/O N.J.S.A. 48: 3-87(Q) Subsection (Q) Round Two Application Denial: Brickyard LLC - Motion for Reconsideration
- Subsection (q) Return of Escrow Instructions 082014
- Subsection (q) Escrow Change Letter 082014
Subsection (r) of the Solar Act requires a proposed solar electric power generation facility that is neither net metered nor an on-site generation facility, may be considered "connected to a distribution system" only upon designation as such by the Board, after notice to the public and opportunity for public comment or hearing. Staff have worked with stakeholders to develop a rule proposal for implementation of Subsection r and anticipate a process in place by June 1, 2016 to enable the submission and review of applications.
- Expression of Interest for EY18, deadline April 1, 2017 02.22.17
- Order approving Subsection (r) Interim Process for EY18 02.22.17
- Order Approving Subsection r Interim Process and Expression of Interest 05.26.16
- RPS Rule Amendments Proposed 03.07.16
- Subsection (r) Request for Comments 04.16.15
- Subsection (r) Rulemaking Update 11.13.14
- Staff Plan for Rulemaking to Implement Solar Act 06.10.14
Subsection (s) of the Solar Act authorizes the BPU to approve grid-supply solar projects located on farmland as eligible to earn SRECs if they meet specific criteria, including but not limited to filing a notice of intent to qualify with the Board within 60 days of the effective date of the law. This notice must have been received by September 21, 2012.
The list below contains projects that filed notice of intent to qualify by September 21, 2012. Please note that the items in black text provided PJM SIS dates that were before June 30, 2011, and the items in red text provided PJM SIS dates after June 30, 2011 (or did not provide any PJM queue data).
The application was required to be completed for any project seeking approval pursuant to N.J.A.S. 48:3-87(s) by December 17, 2012. The development of this application was discussed at the November 9, 2012 public hearing on various provisions of the Solar Act.
Staff received 57 applications from 25 developers seeking approval pursuant to Subsection s. for over 640 MW dc of potential solar capacity proposed to be located on farmland. After extensive review, on April 29, 2013, staff recommended that the Board approve three applications as connected to the distribution system serving New Jersey eligible to create SRECs in the RPS. A copy of the Order memorializing the Board's decision at the April 29 meeting can be found here.
A Request for Comment was issued on August 5, 2013 in regard to Subsection (s) deferrals. Comments were due September 5, 2013 and can be found here. The stakeholder comments were used by Staff to develop a recommendation for the Board in establishing supplemental filing requirements for deferred Subsection (s) applications memorialized in the Order dated October 22, 2014 found below.
Archive documents of interest related to Subsection (s):
- Staff's Response to Request for Extensions Pemberton Solar 07.08.16
- Effisolar Pemberton Extension Request 06.02.16
- Order Approving Four Solar Facilities Pursuant to Subsection (s) 06.29.16
- Day Four Solar Request for Extension of Milestone Dates for W2-019 11.24.15
- Withdrawn Applications; Previously Deferred Kingwood Solar and Freehold Solar 08.20.15
- Staff response to Request for Extension 08.17.15
- Effisolar Request for Extension of Milestones 07.27.15
- Five Subsection (s) Approvals 02.11.15
- Order on Supplemental Filing Requirements for Deferred Subsection (s) Applications 10.22.14
- Order IMO Designating Certain Grid Supply Projects As Connected to the Distribution System Approval 05.08.13
- Order IMO Designating Certain Grid Supply Projects As Connected to the Distribution System Denials and Deferrals 05.10.13
- Motion for Reconsideration; Subsection (s) Deferrals submitted by Morris County IA and Somerset County IA 05.23.13
- Order Denying Motion for Reconsideration Subsection (s) Denial of Effisolar W3-077 05.24.13
- Motion for Reconsideration; Subsection (s) Denial of Community Energy W1-127 06.03.13
- Motion for Reconsideration; Subsection (s) Denial of PVOne Moncada W3-139 06.03.13
- Notice of Appeal from Renewtricity 06.18.13
- Notice of Appeal from Blue Sky 06.20.13
- Notice of Appeal from EIA 06.21.13
- Order Denying Motion of Morris County IA and Somerset IA 07.19.13
- Order Denying Motion of Community Energy 07.19.13
- Order Denying Motion of Syncarpha Capital 07.19.13
- Request for Comments on Subsection (s) Deferrals 08.05.13
- Responses Received 08.05.13
Subsection (t) of the Solar Act provides that; "No more than 180 days after [July 23, 2012], the Board shall, in consultation with the Department of Environmental Protection and the New Jersey Economic Development Authority, and, after notice and opportunity for public comment and public hearing, complete a proceeding to establish a program to provide SRECs to owners of solar electric power generation facility projects located on a brownfield, on an area of historic fill or on a properly closed sanitary landfill facility".
NJDEP has asked that the following links/documents be made available to developers of Subsection t projects:
Archived documents of interest related to Subsection (t)
- Summary of Application Status in Subsection (t) as of 03.24.17
- FWCC LLC. Clay Pits Condiitonal Certification 03.24.17
- Whitman Co. Oak Avenue Landfill Conditional Certification 03.24.17
- Summary of Application Status in Subsection (t) as of 12.27.16
- Amended Order - South Brunswick Twp. Landfill Subsection t Conditional Certification 11.30.16
- Summary of Application Status in Subsection t, as of 11.01.16
- New Road Solar, LLC South Brunswick Twp. Landfill Subsection t Conditional Certification 10.31.16
- Summary of Application Status in Subsection t, as of 05.26.16
- Vineland Construction Co.'s National Freight Pennsauken Subsection t Conditional Certification 05.25.16
- Radiant Energy Price's Landfill Subsection t Conditional Certification 02.24.16
- Subsection (t) Application Status as of 02.01.16
- I/M/O N.J.S.A. 48:3-87(T) - Pro Tech Flr Brownfield Application 11.16.15
- I/M/O N.J.S.A. 48:3-87(T) - Pro Tech Flr Landfill Motion 11.16.15
- NWS Earle letter withdrawing application 08.18.15
- Subsection (t) projects as of 10.15.15
- Subsection (t) projects as of 08.05.15
- Dix Solar LLC, Fort Dix Subsection (t) Conditional Certification 07.22.15
- Fiberville Estates, LLC Hughesvill Mill Subsection (t) Conditional Certification 06.17.15
- KDC B&J Warren & Sons Landfill Subsection (t) Conditional Certification 04.15.15
- PSE&G L&D Landfilll Subsection (t) Conditional Certification 04.15.15
- CleanLight Patterson Ave. Landfill Subsection (t) Certification Denial 04.15.15
- Notice of Appeal re: FWCC Clay Pits Subsection (t) Certification Denial 03.27.15
- FWCC Clay Pits Subsection (t) Certification Denial 02.11.15
- Status of Subsection (t) Applications as of 02.12.15
- Subsection (t) Rulemaking Update 11.13.14
- Board Order Approving the Certification Program (and directing Staff to develop the certification application)
- Eligibility Flow Chart (illustrating how certification requests will be viewed by the NJDEP and BPU)
- Subsection t. Application for Certification
- Order - I/M/O A Proceeding to Establish a Program to Provide SRECs to Certified Brownfield, Historic Fill, and Landfill Facilities - 01.23.13
- Subsection T Flow Chart 4-9-13
- Order - Denying three applications for certification pursuant to Subsection (t) - 07.19.13
- Order - Approving two applications for certification pursuant to Subsection (t) - 07.19.13
- Order - Approving two applications for certification pursuant to Subsection (t) - 09.18.13
- Solar Act Subsection (t) Applications 12-09-13
- Proceeding to Establish a Program to Provide SRECs to Certified Brownfield, Historic Fill and Landfill Facilities 12.18.13
- Conditional Certification of Two Landfill Facilities; Kinsley and Delilah Road 12-18-13
- Solar Act Subsection (t) Board Order 1-29-14 Item 8B
- Subsection (t) projects as of 3-13-14
- Motions of Reconsideration; IMO Subection (t); SRECs to Certified Brownfield, Historic Fill and Landfill Facilities; Pennoni Associations, Inc. and Millenium Land Development, LLC - 5-21-14
- I/M/O Solar Act N.J.S.A. 48:3-87(T) -PVNAVIGATOR, LLC's Somerdale Road (Owens Corning) Landfill 06.18.14
- Post-Construction NJDEP Compliance Form Solar Act Subsection (t) N.J.S.A 48:3-87
- Order - New Conditional Certifications for PSEGs Parklands and Kinsley's Landfills 8-20-14-8A
- Order - Conditional Certification for Increased System Size - Syncarpha's Bernards Twp Landfill 12-17-14-8A
- Order - Conditional Certification Subject to Resubmittal - Pro-Tech's Florence Land Recontouring Landfill 01-21-15-8A