N.J. Admin. Code § 14:8-9.8
Current through Register Vol. 56, No. 21, November 4, 2024
Section 14:8-9.8 - Low- to moderate-income provisions(a) For the purposes of this subchapter, a low- to moderate-income subscriber may be either:1. A low- to moderate-income household qualified pursuant to (d) below; or2. A qualified affordable housing provider. In order to qualify as an LMI subscriber for the purposes of a community solar project, an affordable housing provider shall sign and submit to the Board, an affidavit indicating that the financial benefits of the community solar subscription will be passed on to their residents/tenants as specific, substantial, identifiable, and quantifiable long-term benefits with a description of such benefits.(b) A project in the Community Solar Energy Program must be an LMI community solar project, in which a minimum 51 percent of project capacity is subscribed by op reserved for LMI subscribers.(c) An LMI community solar project may not accept participation by a non-LMI subscriber if doing so would cause LMI participation in the project to fall below 51 percent of project capacity.(d) The following LMI qualification criteria shall be applied:1. For subscribers that reside in a government-owned property, the government site owner may provide an affidavit that those community solar project subscribers are considered LMI for the purposes of the Program.2. In all other cases, subscribers must be individually qualified as LMI for the purposes of the Program. The subscriber organization for each project shall receive and review proof of LMI eligibility for each LMI subscriber. Any of the following may be accepted by a subscriber organization as proof of LMI status for individual subscribers: i. Proof of participation in one or more of the following: LIHEAP, Universal Service Fund, Comfort Partners, Lifeline Utility Assistance Program, Payment Assistance for Gas and Electric, Section 8 Housing Choice Voucher Program, Supplemental Nutrition Assistance Program, the Lifeline program administered by the Universal Service Administrative Company, Medicaid, Supplemental Security Income, Social Security Disability Insurance, Special Supplemental Nutrition Program for Women, Infants, and Children, Temporary Assistance for Needy Families, the Low Income Household Water Assistance Program, or other low- or moderate-income local, State, or Federal programs, as may be added to this list by the Board by Board Order;ii. If the subscriber is a residential customer, proof that the subscriber's metered residence is in a census block group in which 80 percent or more of the households earn less than 80 percent of the area median income, as determined by data from the U.S. Department of Housing and Urban Development;iii. Self-attestation by the customer that their household income is less than 80 percent of the area median income, as determined by data from the U.S. Department of Housing and Urban Development, provided on a standard form to be approved by the Board and signed by the customer; oriv. An alternate form of income verification proposed through a petition by a subscriber organization and approved by the Board. The petition shall include: a written description of the proposed income verification method; a complete description of how the method respects consumer privacy concerns; how the measures and safeguards established prevent fraud or misrepresentation by either the prospective subscriber or a subscriber organization; if the proposed methodology utilizes a statistical probability-based identification mechanism, how the method is reasonably expected to minimize incorrect eligibility determinations; and how the Board will be able to verify the income claims for accuracy. Alternatively, a subscriber organization may provide notice to Board staff of the entity's intent to utilize a verification mechanism that has already been approved by the Board. A subscriber organization may not utilize any alternate method of income verification until it has been approved by the Board.3. Qualification of a household as low-income or moderate-income is required at the time of execution of the subscription agreement or contract, when a subscriber moves to a new utility account, and on every fifth anniversary of the subscription. A subscriber may not be removed from a community solar project for failure to requalify as low- or moderate-income.4. A community solar subscriber whose subscription has, for any reason, ended must re-submit a new application along with LMI qualifying criteria if applicable.(e) If a project is less than 51 percent subscribed by LMI customers, the subscriber organization shall, within 30 days, file a plan detailing steps to meet the 51 percent LMI subscription standard with the Board, with notice to the community solar owner and the community solar operator.(f) Board staff, or its agents, may request information regarding subscriptions and subscriber status to ensure compliance with this section.(g) The Board may adjust the SREC-II value for a project that fails to comply with this section. In determining a new SREC-II value, the Board may examine the degree of noncompliance, the community solar owner's diligence in remedying the noncompliance after notice, and any other factors the Board may deem relevant.N.J. Admin. Code § 14:8-9.8
Adopted by 51 N.J.R. 232(a), effective 2/19/2019Amended by 53 N.J.R. 2053(a), effective 12/6/2021Amended by 56 N.J.R. 1990(d), effective 10/7/2024