N.J. Admin. Code § 14:8-2.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 14:8-2.10 - Alternative compliance payments (ACPs and SACPs)

(a) A supplier/provider may choose to comply with RPS requirements by submitting one or more alternative compliance payments (ACPs) or solar alternative compliance payments (SACPs), as those terms are defined in 14:8-2.2. A supplier/provider that wishes to use ACPs or SACPs to comply with this subchapter shall meet the requirements of this section.

(b) The President of the Board shall appoint an ACP advisory committee to provide recommendations to the Board regarding the appropriate cost of ACPs and SACPs, as well as other characteristics of their use. The Board shall consider the

advisory committee's recommendation and shall, through Board order, set prices for ACPs and SACPs. At a minimum, the price of an ACP or an SACP shall be higher than the estimated competitive market cost of the following:

1. The cost of meeting the requirement through purchase of a REC or solar REC; or

2. The cost of meeting the requirement through generating the required renewable energy.

(c) The Board shall establish and maintain an SACP schedule as set forth at N.J.S.A. 48:3-87.d(3). The Board may increase the SACP amount for one or more energy years, after appropriate notice and opportunity for public comment and public hearing. However, in accordance with N.J.S.A. 48:3-87(j), the Board shall neither reduce the previously established SACP amounts, nor provide any type of relief from the obligation to pay an SACP.

(d) The Board shall review the amount of ACPs, other than SACPs, at least once per year, in consultation with the ACP advisory committee, and shall adjust these amounts as needed to comply with (b)1 and 2 above and to reflect changing conditions in the environment, the energy industry and markets.

(e) To comply with this subchapter using ACPs or SACPs, a supplier/provider shall submit the following to the Board, as applicable:

1. One ACP for each megawatt-hour of class I or class II renewable energy required; or

2. One SACP for each megawatt-hour of solar electric generation required.

(f) The Board shall use the ACP monies submitted to meet the class I and class II requirements of this subchapter to fund renewable energy projects through the Clean Energy Program.

(g) For each energy year, all SACP monies submitted to comply with solar electric generation requirements for that energy year shall be refunded to ratepayers by the EDCs. The Board shall divide the total Statewide SACP monies to be refunded for a particular energy year among the EDCs as follows:

1. Determine the total MWhs of electricity subject to solar RPS requirements that was delivered by all EDCs combined during the subject energy year;

2. Determine the number of MWhs of electricity subject to solar RPS requirements that was delivered by the EDC during the energy year;

3. Divide (g)2 above by (g)1 above to obtain a fraction that represents the EDC's share of the total MWhs of electricity subject to solar RPS requirements that were delivered during the energy year; and

4. For each EDC, multiply the fraction determined in (g)3 above by the total Statewide SACP monies to be refunded for the energy year, to obtain a dollar figure for the amount of SACP monies the EDC shall refund.

(h) Table C sets forth the SACP for each energy year from energy year 2013 through energy year 2033:

Table C

SACP Schedule

Energy Year	SACP
June 1, 2012 - May 31, 2013	$ 641.00
June 1, 2013 - May 31, 2014	$ 339.00
June 1, 2014 - May 31, 2015	$ 331.00
June 1, 2015 - May 31, 2016	$ 323.00
June 1, 2016 - May 31, 2017	$ 315.00
June 1, 2017 - May 31, 2018	$ 308.00
June 1, 2018 - May 31, 2019	$ 268.00
June 1, 2019 - May 31, 2020	$ 258.00
June 1, 2020 - May 31, 2021	$ 248.00
June 1, 2021 - May 31, 2022	$ 238.00
June 1, 2022 - May 31, 2023	$ 228.00
June 1, 2023 - May 31, 2024	$ 218.00
June 1, 2024 - May 31, 2025	$ 208.00
June 1, 2025 - May 31, 2026	$ 198.00
June 1, 2026 - May 31, 2027	$ 188.00
June 1, 2027 - May 31, 2028	$ 178.00
June 1, 2028 - May 31, 2029	$ 168.00
June 1, 2029 - May 31, 2030	$ 158.00
June 1, 2030 - May 31, 2031	$ 148.00
June 1, 2031 - May 31, 2032	$ 138.00
June 1, 2032 - May 31, 2033	$ 128.00

N.J. Admin. Code § 14:8-2.10

Amended by 49 N.J.R. 809(a), effective 4/17/2017

Amended by 51 N.J.R. 1058(a), effective 6/17/2019