N.J. Admin. Code § 14:8-4.1 - Scope

(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.

Notes

N.J. Admin. Code § 14:8-4.1

Amended by R.2010 d.010, effective 1/4/2010.
See: 41 N.J.R. 2215(a), 42 N.J.R. 78(a).
Rewrote the section.
Amended by R.2013 d.066, effective 4/15/2013.
See: 44 N.J.R. 2043(a), 45 N.J.R. 942(a).
Inserted designation (a); in (a), inserted a comma following "providers"; and added (b) and (c).