4 Colo. Code Regs. § 723-3-3877
Current through Register Vol. 47, No. 20, October 25, 2024
Section 4 CCR 723-3-3877 - DefinitionsThe following definitions apply to rules 3877 through 3883. In the event of a conflict between these definitions and a statutory definition, the statutory definition shall apply.
(a) "Community solar garden" or "CSG" means a solar electric generation facility with a nameplate rating of five MW AC or less that is located in or near a community served by a utility where the beneficial use of the electricity generated by the facility belongs to the subscribers of the CSG. A CSG shall have at least ten CSG subscribers. A CSG shall be deemed to be located on the site of each subscribing customer's facilities for the purpose of crediting the CSG subscribers' bills for the electricity purchased from the CSG by the utility. The electricity and RECs generated by a CSG shall be sold only to the utility serving the geographic area where the CSG is located. More than one CSG, or a combination of CSGs, may be interconnected at the same location as long as they do not cumulatively exceed five MW AC (or ten MW AC, as applicable), without regard to whether the CSGs are new or existing facilities. The utility or a developer may propose a CSG with a nameplate rating of up to ten MW AC on or after July 1, 2023.(b) "CSG owner" means the owner of the solar generation facilities installed at a CSG that contracts to sell the unsubscribed electricity generated by the CSG to a utility. A CSG subscriber organization operating a CSG not owned by it will be deemed to be a CSG owner for purposes of these rules. A CSG owner may be the utility or any other for-profit or nonprofit entity or organization, including a CSG subscriber organization.(c) "CSG subscriber" means a retail customer of a utility who owns a subscription to a CSG and who has identified one or more premises served by the utility to which the CSG subscription shall be attributed.(d) "CSG subscriber organization" means any for-profit or nonprofit entity permitted by Colorado law and whose sole purpose shall be:(I) to beneficially own and operate the CSG; or(II) to operate the CSG that is built, owned, and operated by a third party under contract with such CSG subscriber organization.(e) "CSG subscription" means a proportionate interest in the solar electric generation facilities installed at a CSG, including without limitation, the electricity and RECs associated with or attributable to such facilities.(f) "Eligible low-income CSG subscriber" means:(I) a residential customer of a utility who has a household income at or below 185 percent of the current federal poverty level, as published each year in the federal register by the U.S. Department of Health and Human Services; or(II) a residential customer of a utility who otherwise meets the eligibility criteria set forth in the rules of the Colorado Department of Human Services adopted pursuant to § 40-8.5-105, C.R.S.(g) "Eligible low-income service provider" means:(I) a nonprofit or public housing authority operator where at least 60 percent of the residents meet the eligibility criteria in paragraph 3877(f) and the operator provides verifiable information that these low-income residents are the beneficiaries of the CSG subscription(s); or(II) a non-profit corporation that is able to demonstrate that it provides essential services including, but not limited to, food, clothing, job training, housing, or medical services primarily to low-income recipients who meet the eligibility criteria set forth in the rules of the Colorado Department of Human Services adopted pursuant to § 40-8.5-105, C.R.S.38 CR 17, September 10, 2015, effective 9/30/201539 CR 06, March 25, 2016, effective 4/14/201639 CR 08, April 25, 2016, effective 5/15/201640 CR 22, November 25, 2017, effective 12/15/201742 CR 03, February 10, 2019, effective 3/2/201942 CR 07, April 10, 2019, effective 4/30/201942 CR 09, May 10, 2019, effective 5/30/201943 CR 08, April 25, 2020, effective 5/15/202043 CR 12, June 25, 2020, effective 7/15/202043 CR 20, October 25, 2020, effective 11/14/202044 CR 13, July 10, 2021, effective 7/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 18, September 25, 2022, effective 10/15/202246 CR 02, January 25, 2023, effective 2/14/2023