For the purposes of this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.
"Advertising" has the same meaning as set forth at N.J.A.C. 14:4-1.2.
"Affordable housing" means housing that meets the definition of "affordable," as set forth at N.J.A.C. 5:80-26.2.
"Affordable housing provider" means any person or entity that owns, operates, or manages affordable housing units.
"Annual net energy" means the total amount of net energy produced by the community solar facility on an annual basis, measured at the EDC's meter.
"Annualized period" means a period of 12 consecutive monthly billing periods.
"Associated disturbed areas" means areas that may not have been contaminated, but after considering tax and property records, as well as historical land use, are, or were, the site of an accessory use to contaminated areas or landfills. Examples include access roads, lay-down areas, and former building sites that were previously part of an industrial or landfill complex.
"Avoided cost of wholesale power" has the same meaning as set forth at N.J.A.C. 14:8-4.2.
"Bill credit" refers to the credit placed on community solar subscribers' utility bills by their EDC, calculated according to the bill credit value as established in this subchapter.
"Board" or "BPU" has the same meaning as set forth at N.J.A.C. 14:3-1.1.
"Capacity" or "nameplate capacity" means the sum of the maximum rated output in DC rating of all individual photovoltaic panels physically interconnected to make up a solar facility.
"Community solar developer" or "developer" means an entity that is duly authorized to do business in the State of New Jersey and constructs or contracts for the construction of a community solar facility within the State of New Jersey.
"Community Solar Energy Pilot Program" or "Pilot Program" means the community solar program conducted in two program years prior to its conversion to the Community Solar Energy Program.
"Community Solar Energy Program" or "CSEP" or "Program" means the community solar program established by this subchapter.
"Community solar facility" refers to the physical equipment, including, but not limited to, panels, inverters, racking, and balance of systems, which constitutes a solar facility used for community solar, with a capacity in DC rating not to exceed five MW.
"Community solar operator" or "operator" means the entity in charge of the day-to-day oversight, safety, and control of the community solar project. The community solar operator may or may not have an ownership stake in the community solar project.
"Community solar owner" means the entity that legally and financially controls the community solar project. The "community solar owner" can be distinguished from the "community solar site owner."
"Community solar project" or "project" refers to a community solar project approved by the Board, or registered for participation in the Program, including, but not limited to, the community solar facility, project participants, and subscribers.
"Community solar site owner" or "site owner" means the entity that legally and financially owns the real property on which the community solar facility exists.
"Community solar subscription" or "subscription" refers to an agreement to participate in a community solar project, by which the subscriber receives a bill credit for a portion of the community solar energy produced by a community solar facility. A subscription may be measured as capacity in kW and/or energy in kWh or a fixed and/or variable monthly payment to the project operator.
"Community solar subscriber" or "subscriber" refers to any person or entity who participates in a community solar project by means of the purchase or payment for a portion of the capacity and/or energy produced by a community solar facility. One electric meter denotes one subscriber.
"Community solar subscription" or "subscription" refers to an agreement to participate in a community solar project, by which the subscriber receives a bill credit for a portion of the community solar energy produced by a community solar facility. A subscription may be measured as capacity in kW and/or energy in kWh or a fixed and/or variable monthly payment to the project operator.
"Consolidated billing" means the practice of incorporating the community solar subscription fee directly on a subscriber's utility bill.
"Contaminated site or landfill" has the same meaning as provided at N.J.S.A. 48:3-51.
"Electric distribution company" or "EDC" has the same meaning as an "electric public utility" provided at N.J.S.A. 48:3-51.
"Farmland" has the same meaning as set forth at NJ.A.C. 14:8-1.2.
"Government entity" has the same meaning as set forth at N.J.S.A. 48:3-51.
"Guaranteed bill credit discount" means the minimum savings that a project's subscribers shall receive on their electricity bill, expressed as a percentage of the bill credits applied with respect to a subscriber's subscription size.
"Historic annual usage" means the average amount of electricity supplied by an EDC to the customer over the most recent 12-month period.
"HUD" means the United States Department of Housing and Urban Development.
"Interconnection agreement" means an agreement between a generator and an EDC, which governs the connection of the generator facility to the electric distribution system, as well as the ongoing operation of the generator facility after it is connected to the system. An interconnection agreement shall follow the standard form agreement developed by the Board and available from each EDC.
"Local government entity" or "local government" for purposes of the Program means a New Jersey municipal government, including a borough, town, township, city, or village, or a New Jersey county government.
"Low- to moderate-income household" or "LMI household"means a household with a total gross annual household income less than 80 percent of the area median income, as determined by annual income limits set by the United States Department of Housing and Urban Development.
"Low- to moderate-income subscriber" or "LMI subscriber" means a community solar subscriber that meets the definition of a low-income household or a moderate-income household pursuant to this chapter. It may also mean an entity that qualifies as an affordable housing provider, pursuant to N.J.A.C. 14:8-9.8(a)2.
"Multi-family buildings" are defined as having three or more independent resident housing units, pursuant to N.J.S.A. 55:13A-3(k) and the 2015 New Jersey International Building Code definition for Residential Group R-2.
"Municipal community solar automatic enrollment project" or "automatic enrollment project" means a community solar project owned and operated by a local government entity or a project for which a local government entity serves as its subscriber organization, in which subscribers are automatically enrolled in the community solar project, provided that the customer may elect to opt out of enrollment at any time.
"NJDEP" means the New Jersey Department of Environmental Protection.
"Residential customer" has the same meaning as set forth at N.J.A.C. 14:3-1.1.
"Solar panel" or "PV panel" has the same meaning as set forth at P.L. 2018, c. 17.
"Telemarketing sales call" or "Telemarketing" means a telephone call made by a community solar subscriber organization to a potential subscriber as part of a plan, program, or campaign to encourage them to sign a community solar subscription. A telephone call made to an existing subscriber for the sole purpose of collecting on accounts or following up on contractual obligations shall not be deemed a telemarketing sales call. A telephone call made in response to an express written, electronic, or telephonic request of a customer shall not be deemed a telemarketing sales call.
"Unsolicited advertisement" means any advertising claims of the commercial availability or quality of services provided by a community solar subscriber organization, which is transmitted to a potential subscriber without that customer's prior express invitation or permission.
N.J. Admin. Code § 14:8-9.2