The 2013 SREC law created a competitive solar renewable energy credit (SREC) program for businesses and homeowners to shift the state’s energy policy from fossil fuel to clean energy. Homeowners, business, schools and municipalities took advantage of this program by purchasing and leasing rooftop solar systems. Payback plans coincide with the ten-to-fifteen-year SREC payment schedule. The legacy SREC program reduces each year and terminates in approximately six years. 121,781 New Jersey Solar facilities rely on the legacy SREC program for payments each month. The Murphy Administration, through the BPU, is calling for legislation to terminate or drastically reduce the legacy SRECs program prematurely in June 2025. This action will shortchange homeowners, schools, public buildings and businesses who currently use SREC revenues to pay down debt service for their solar arrays. Such a reversal in policy diminishes the public’s faith in government and creates significant economic hardship for both solar and non-solar homeowners, businesses, schools and municipalities. Taxpayers will have to pick up the lost SREC revenues needed to pay down public bonds for solar on schools and other public buildings.
Recently introduced S4300 and A5460 would either eliminate the legacy SREC program or drastically reduce the SREC payments in June 2025. This action would raise ratepayer costs $550 million for the next three years and grant an $850 million windfall profit for energy suppliers while reducing or eliminating SREC payments to residents, school districts and municipalities who made this investment.
This proposed legislation would financially impact 116,074 residential solar installations with 48% of homeowners relying on SREC payments for their loans or leases, leaving them with approximately 35% outstanding financial exposure. Additionally, 5,568 business, school, and municipal solar installations would face renegotiated PPAs and budget changes, with taxpayers assuming bond debt service currently covered by SREC payments.
To learn more about the detailed impacts on New Jersey homeowners, businesses, schools, municipalities, and ratepayers click the link for our complete analysis.
New Jersey Class 1 prices dropped $4 in the past week. Class 1 RECs are mostly purchased from out-of-state wind farms in PJM by New Jersey Energy Energy Companies.
Both of these bills were introduced by the legislators because the New Jersey BPU wants to eliminate payments to investors in New Jersey Solar that have already installed their panels. The BPU under Governor Murphy has in the past in both oral and written form has said that the panels are already installed and the money should be taken from the investors so that new solar can be installed at fixed payments. The aim is to lock in profits for solar investors at the expense of the ratepayers in New Jersey instead of using the competition of the market to determine prices. The introduction of these bills has created a chill in the energy investment community overnight.
The view is that if the New Jersey BPU is willing to disenfranchise New Jersey homeowners, businesses and schools that installed solar the payments that go to out-of-state wind farms will most likely be the next target.
New Jersey power prices have skyrocketed in the past year. Prices have risen mostly because back-up gas power plants that are needed to balance the grid during times of increased demand during extremely hot or cold days have been shut down by the Murphy backed BPU and Energy Master Plan of the last 8 years. The BPU is now scrambling to find money to keep installing new solar and has decided to eliminate SREC payments to New Jersey homeowners, businesses, and schools who have already borrowed money to install solar panels.
Details of Senate bill number 4300 were just released. Here are the details:
(Senator Bob Smith was removed from the bill)
Summary:
All Solar facilities in New Jersey who earn the original legacy SRECs will have a fixed price of $95 each.
Payments will be made through the administrator who is contracted by the State of New Jersey that currently issues SREC II payments.
The $95 rate will start with June 2025 SREC production.
Statement describing the changes to the bill:
STATEMENT 21 22 This bill would eliminate the State's solar renewable energy portfolio standard commencing on June 1, 2025. The bill would direct the Board of Public Utilities (BPU) to develop a system to provide solar renewable energy certificate (SREC) incentive payments, in lieu of SRECs. The SREC incentive payments would have a fixed rate of $95 per megawatt hour of solar energy produced. Each owner of a solar electric power generation facility that was properly registered in the SREC registration program established by the BPU pursuant to subsection u. of section 38 of P.L.1999, c.23 (C.48:3-87) would be eligible to receive SREC incentive payments, one for each SREC for which the facility would have been eligible. Finally, the bill would authorize the BPU to adopt rules and regulations to implement the provisions of the bill that would be effective immediately upon filing with the Office of Administrative Law for a period of 18 months.
Text in the bill:
"Solar renewable energy certificate incentive payment" or "SREC incentive payment" means a financial incentive of $95 per megawatt hour of solar energy produced, to be paid to the owner of a solar electric power generation facility under the program developed by the board pursuant to subsection d. of section 38 of 38 P.L.1999, c.23 (C.48:3-87).
Commencing in energy year 2026, the issuance of SRECs shall cease and the board shall establish a system by which to distribute SREC incentive payments to each owner of a solar electric power generation facility that was properly registered in the SREC registration program established by the board pursuant to subsection u. of section 38 of P.L.1999, c.23 39 (C.48:3-87), in order to provide compensation for the environmental attributes produced by the solar electric power generation facility. An owner of an eligible solar electric power generation facility shall be eligible to receive an SREC incentive payment for each SREC for which the facility would have been eligible prior to the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill). The SREC incentive payment system may be based on the system established by the board for the distribution of SREC-II payments pursuant to section 2 of P.L.2021, c. 169 (C.48:3-115).
This was brought to our attention this morning. There are no other details except for the bill number and the title. We will let our customers know details as we get them. Changes to the Alternative Compliance Payment (SACP) have an effect on New Jersey SREC Prices. We need more details to even determine if this bill is changing SACP for legacy New Jersey Solar.
Bill A5460
Session 2024 - 2025
Revises value of solar alternative compliance payment.
The board shall [determine an appropriate level of solar 34 alternative compliance payment, and] permit each supplier or 35 provider to submit an SACP to comply with the solar electric 36 generation requirements of paragraph (3) of subsection d. of this 37 section.
The value of the SACP for each Energy Year, for Energy 38 Years 2014 through 2033 per megawatt hour from solar electric 39 generation required pursuant to this section, shall be:
EY 2025 $208
EY 2026 [$198]$50
EY 2027 [$188]$40
EY 2028 [$178]$30
EY 2029 [$168]$20
EY 2030 [$158]$10
EY 2031 [$148]$10
EY 2032 [$138]$10
EY 2033 [$128]$10.
Any cost savings that accrue to an electric public utility as a result of the changes to the alternative compliance payment rate made pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be reflected in the rates charged by the electric public utility, as determined by the board.
Our Interpretation:
If these changes are passed into law 118,000 residential and 6,000 commercial, school and municipal solar owners in New Jersey that installed solar between 2010 and 2020 will see their SREC payments decrease by 80% to 90%. 75 percent installed their solar between 2015 and 2020.
Many of the solar owners have solar leases that they rely on the SREC payments to make their solar lease payments.
The savings will not be passed onto ratepayers. Energy companies have already contracted for substantial amounts of power for the next few years through the Basic Generation Services (BGS) and bilateral contracts.
The average person in the United States sells a house every 13.2 years.[1] 7.1% of people aged 55-74 will sell their house in the next year. [2] Flett Exchange has over 20,000 customers who own solar on their homes and many are likely to sell their house in the next few years. Flett Exchange has helped hundreds of our customers who have sold their homes with solar transfer the SRECs to the new buyers and get them set up with SREC payments. We make it easy for sellers and buyers.
Selling a house with solar is an education process for the buyers. The current owner knows the benefits of solar and can appreciate the value that solar adds – little or no electricity bill – and monthly SRECs. SREC payments are on average $1,800 per year in New Jersey. Sellers need to educate the benefits of solar to prospective buyers. This is difficult because people who are buying a home are, and rightfully so, skeptical of what they are told.
One of our customers recently told us a story of their experience selling their house. The new owners were first time homebuyers. (We have all been there. Things are more expensive than we expected. Trade-offs are the name of the game. Better neighborhood, but a kitchen that needs remodeling. Then – there is solar on the house. The owner wants to recoup the investment. They know the new owners will benefit but explaining it is hard. Little or no electric bill. SREC payments. Confusion.)
The new buyers did not realize there would be little to no electricity bill. They had never heard of an SREC. The owner knew more about solar than both brokers. The owner left out electricity bills for $10 a month on the kitchen counter, receipts from Flett Exchange showing over $8,000 in SREC payments and the email and phone number for Flett Exchange. Result: the buyers paid full price for the house!
The combination of providing information and introducing a 3rd party such as Flett Exchange helped the new buyers gain confidence in their new solar investment and the seller received their asking price.
We suggest that owners be as transparent as possible. This helps potential buyers be more at ease and more willing to pay for the solar. Provide the following information to buyers:
Copy of your last few months of Electric bills
Copy of your Flett Exchange statement showing SREC revenue. (log into Flett Exchange – a PDF can be downloaded of your sales) if you are a REC manager customer you have all of your historical SREC revenue and solar production in your Flett Exchange account.
Print-out of your solar production from your monitoring – if available
Email, phone number, and website of Flett Exchange for customers to research SREC prices themselves
List how many years the new owner will be able to sell SRECs. It is either 10 or 15 years from the interconnection. (if you had it for 14 years and there is only one year left let them know! They still get Class 1 RECs after SRECs – we can answer their questions)
Price you paid for the solar – if you own it
Is the solar leased or owned? (if it is leased, contact your lease company and find out the process for transferring the lease to the new owner)
Ask your real estate agent if this is something you should leave out on the kitchen table when people are looking at the house. It may make the difference of a sale or maybe them not asking for a $10,000 reduction in price. This information will help. Transparency is appreciated!
The best way to get a potential new owner at ease is to start the process for them to get paid for their SRECs. If they sign up for Flett REC Manager with Flett Exchange they get:
Transfer of facility ownership at GATS by Flett Exchange
Set up of meter readings
Payment for SRECs for meter readings starting at the closing date
Send Flett Exchange the new owners name and email address as soon as you have a firm closing date. We will take care of everything. Email it to Kevin and Brian at info@flettexchange.com
Note: The actual transfer in GATS cannot happen until after the closing because GATS needs proof of ownership. A copy of the deed or HUD statement is what is required. Flett Exchange does this if the buyer signs up for Flett REC Manager. If they sign up for a Flett Do-it-yourself account we will send them the steps to transfer ownership with GATS themselves.
If the new owners have SREC questions have them call us 201-209-0234 or email info@flettexchange.com
We appreciate your business and will do our best to make things easy for the new owners. It is our best way to thank you for your business over the years.
Public Service Commission of the District of Columbia Decertifies Solar Energy - Systems Not Located in the District of Columbia
Solar systems that were located outside of the District of Columbia had a chance to become certified in the District prior to February 1, 2011. Those systems that were certified will become de-certified as of January 1, 2025.
Background: Prior to February 1, 2011 SRECs in PJM and also as far away as New York could be sold into DC for compliance. However, DC prices were very low at that time. In fact, most DC located solar was sold into PA because at the time PA prices were higher. Some system owners outside of DC registered in DC. They lucked out when laws were changed in DC making DC SRECS go higher and also ending the ability to register in DC. There were some installers who sold systems in DC and in the contracts had the system owners sell the installer the rights to the SRECs. Those same installers then lobbied the Public Service Commission of DC to increase the prices and exclude all other systems. These solar owners collected millions of dollars in SREC payments from electric users in DC over the last decade due to that law change. Now the loophole is being closed.
If your system is currently certified in DC but is located outside of DC or if it is not on a feeder line connected with DC it will become decertified for DC compliance beginning with your SRECs generated in January 2025. You will be able to sell them in your state as long as it is certified in that state. System owners who did not register in their state may actually have to do an initial registration. Contact Flett Exchange and we will assist you.
Here is the language:
PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
1325 G STREET, N.W., SUITE 800
WASHINGTON, D.C. 20005
ORDER
October 24, 2024
FORMAL CASE NO. 1181, IN THE MATTER OF THE INVESTIGATION INTO ELECTRIC SERVICES MARKET COMPETITION AND REGULATORY PRACTICES,
Order No. 22318
I. INTRODUCTION
1. By this Order, the Public Service Commission of the District of Columbia (“Commission”), pursuant to the Renewable Energy Portfolio Standard Amendment Act of 2024 (“Act”), decertifies, effective January 1, 2025, all solar energy systems not located within the District of Columbia (“District”), or in a location served by a distribution feeder serving the District, that were previously certified by the Commission to produce renewable energy credits meeting the solar requirement (“SREC”) of the Renewable Portfolio Standard (“RPS”) prior to February 1, 2011.
II. BACKGROUND
2. On July 26, 2024, the Council of the District of Columbia enacted the Fiscal Year 2025 Budget Support Act of 2024 (“Act”).1 On September 18, 2024, the Act passed Congressional Review and became law. The Act included Title VI, Subtitle B, also known as the Renewable Energy Portfolio Standard Amendment Act of 2024 (“RPS Amendment Act”).2 Notably, the RPS Amendment Act amended the language of D.C. Official Code § 34-1432 to mandate that:
“Any solar energy system not located within the District or in a location served by a distribution feeder serving the District and that was certified as eligible to produce renewable energy credits meeting the solar requirement of the renewable energy portfolio standard by the Commission prior to February 1, 2011, shall be decertified by the Commission effective January 1, 2025.”
III. DISCUSSION
3. Pursuant to the RPS Amendment Act, the Commission hereby decertifies, as of January 1, 2025, all solar energy systems that were certified to produce SRECs prior to February 1, 2011, not located within the District or served by a distribution feeder serving the District. A list of the applicable solar energy systems this Order decertifies is contained in the Appendix attached herein. The Commission clarifies that the RPS Amendment Act and this accompanying Order do not affect or decertify systems not located in the District, or in a location served by a distribution feeder serving the District, that were certified by the Commission for the generation of Tier One Renewable Energy Credits (“REC”) applicable to the non-solar portion of the RPS. However, any facility decertified by this Order specifically that wishes to continue to produce RECs for the non-solar portion of the District’s RPS must first be certified anew under 15 DCMR § 2902.4
THEREFORE, IT IS ORDERED THAT:
4. On January 1, 2025, all solar energy systems not located within the District or in a location served by a distribution feeder serving the District that were certified prior to February 1, 2011, by the Commission to produce Solar Renewable Energy Credits, are hereby DECERTIFIED.
On July 30th 2024, Flett Exchange became the first broker to launch the Maryland Certified SREC market. Currently, homeowners with systems installed after 07/01/24 will begin generating Certified SRECs on 01/01/2025, which are expected to be worth around 1.5x the current Legacy MD SRECs. Homeowners in Maryland who are interested in the possibility of installing solar will benefit massively from these higher priced SRECs, and can enjoy the benefit of incentives like the Federal Investment Tax Credit and the MD FY2025 Solar Access Program, which is designed to provide grant money for low to moderate income residents.
Flett Exchange has also released a free to use solar installation financial model. We suggest using this model to fully realize the advantages and long term cash flows of a solar investment before having a conversation with a solar installer. Flett Exchange is a neutral third party that does not profit off of the installation of a solar array; we simply broker SRECs produced by homeowners. This affords us the unique position to offer unbiased, informative, and realistic forecasts and consulting on solar investments. If you are interested in potentially going solar, contact Flett Exchange for a zero cost consultation service and we can help match you with a solar installation company. The goal of Flett Exchange, ultimately, is to broker more SREC deals; we are not involved in any capacity with the process of installing solar arrays. It is our hope that this complementary service will steer you in our direction to sell your SRECs post installation.
Listed below are some key assumptions of the model:
The Maryland Energy Administration will provide grants of $750/kW with a $7,500 cap to low to middle income homeowners for installation of a residential solar system
The Maryland utility bill inflation rate is 2.83% annually. This number is derived from the average utility bill from 2014-2023 for five major state power companies: Delmarva Power, PEPCO, SMECO, BGE, and Potomac Edison.
A residential solar installation will yield positive cash flow from SREC income, as well as an implied positive cash flow from avoided utility costs
The SACP set by the Maryland RPS will decrease incrementally as expected, and this benchmark will serve as a proxy for yearly SREC prices throughout the life of the system
Flett Exchange is the first SREC exchange to launch a market for Maryland Certified SRECs. These RECs are available to Maryland residential solar PV systems installed after 07/01/2024, as per the The Maryland Solar Bill.
These RECs prices will be closely correlated with Maryland’s legacy market, which is what all systems installed prior to this July produce. Maryland utility companies, who are required by the state of Maryland to make an alternative compliance payment (ACP) of $55.00 in 2025, can satisfy this requirement easily with the purchase of new Certified SRECs, which satisfy 150% of the ACP.
This presents a unique opportunity to homeowners who sell their credits to Flett Exchange. Since energy companies are able to get a discount by buying these RECs, homeowners can sell them for more. Currently, the bid for Maryland Certified SRECs is $75.50. To learn more about the state incentives in Maryland available for FY25, review the early blog post about Maryland Certified SRECs and Cost Effective Solar Array Installation. If you are interested in taking advantage of the benefits of going solar, use the Maryland Solar Installation Financial Model and give us a call at 201-209-0234 to speak with a member of our team about your options.
Are you a Maryland resident interested in installing a cost effective solar array on your home or business? If so, this news is for you!
With the recent passage of SB0783, known as the Brighter Tomorrow Act, the Maryland Energy Administration has proposed funding a grant pool of $18 million for FY2025 in compliance with the aforementioned bill [9-2016] . This ACT is specifically designed to enable low to moderate income Marylanders gain access to affordable renewable energy systems. Qualifying homeowners may be entitled to up to $7,500 in reimbursement for their solar system installation cost. ($750 per Kw up to 10Kw)
Additionally, under the Inflation Reduction Act signed by President Biden in 2022, homeowners nationwide can take advantage of a tax credit to offset the cost of solar installation as defined in 26 U.S.C. § 25D. This covers 30% of your installation cost. If you don’t have the taxable appetite Flett Exchange can sell your tax credit for you.
Flett Exchange is the easiest one stop option to manage your personal solar project finance and subsequent account management for sale of Certified MD SRECs (for more information on the new Maryland SREC program for systems installed after 01/01/2025, see the Maryland Solar Bill.)
Once you have decided to install a cost-effective solar system on your home and want to begin selling your certified SRECs, Flett Exchange will:
Provide a no-cost estimate for your system installation, and
Submit your grant application to the state of Maryland
Connect you with a local installation company
Register your array with PJM GATS
Manage the sale of your Certified SRECs (estimated to be worth $75/KW in 2025)
Provide 5 day per week phone and email support for questions and concerns you may have along the way
Solar installed in New Jersey prior to 2017 generate SRECs for 15 years. After that time they generate Class 1 RECs. SRECs are worth $200 or more. Class 1 RECs trade for $30 today and go only as high as $50.
It is confusing as to when your system is going to convert from SRECs to Class 1 RECs. Here is what you need to do to figure this out.
Look up your initial online date for your solar facility on GATS. This is listed under the facility and it is also on each SREC as “Vintage (Utility Interconnection Date), ex. 05/2009.
New Jersey law says that a solar array generates SRECs for 15 full energy years. This means that you get SRECs for up to 15 years and eleven months, depending on what month your array went online.
Energy years start in June and end in May.
Here is a Key:
If your array went online from June 2008 and up to and including May 2009 the last SREC you will mint is May 2024. Your first Class 1 REC will be your June 2024 generation.
If your array went online from June 2009 and up to and including May 2010 the last SREC you will mint is May 2025. Your first Class 1 REC will be your June 2025 generation.
And so on…
When you produce Class 1 RECs you sell them the same way on Flett Exchange. You can either check the price on the Flett Exchange website https://www.flettexchange.com/ and transfer them on GATS to Flett Exchange, LLC or you can list them for sale on the Flett Exchange trading platform and transfer them on GATs to Flett Exchange,LLC. when you are filled.
Since Class 1 RECs are lower priced we suggest to wait 6 months to a year to sell them in bulk. Class 1 RECs are only good for 3 energy years so do not wait too long or they will go worthless. SRECs are good for up to 5 energy years.
It is very important to enter your meter readings within 30 days after your system gets converted to a class 1 facility. If you do not put in your meter readings within 30 days all of the months that you deserve to earn SRECs will be created as Class 1 recs. You may lose thousands of dollars!!!
(As of this writing we believe GATS is fixing this issue but we cannot confirm. Best practice is to make sure the meter reading is entered in a timely fashion.)
GATS will send you an email that says the following:
“Your solar electric generation facility's NJ SREC eligibility period will reach the end of its qualification life within Energy Year ("EY") 2021 which ends on May 31, 202X. All generation should be entered prior to the last business day in June. Facility eligibility will be changed from Solar (SREC) to Class I (REC) on July 1, 202X. “
Flett Exchange is the largest exchange for New Jersey Solar Class 1 RECs. Many energy companies compete to purchase SRECs and Class 1 RECs on our exchange which ensures you get the going market price.
The Governor of Maryland currently has bill HB1435/SB0737 on his desk for signature. Named “The Brighter Tomorrow Act”, we have listed some of the changes that will take place if it is signed into law:
Only NEW solar installed from July 1, 2024 to January 1, 2028, before hitting total installed megawatt limits per category, will be classified as “Certified SRECs” and compliance buyers will be able to use them to satisfy 150% of their compliance obligation per Certified SREC.
All RECs will have a 5 year life. Currently, the life is 3 years.
The first 300MW AC of solar 20kW and less qualify.
The first 270 MW AC of solar 20kW to 5MW qualify.
The size limit can only be above 2 MW for rooftops, parking canopies, or brownfield sites.
The 150% multiplier for Certified RECs goes into effect after January 1, 2025
New solar installed after July 1, 2024, will earn legacy MD SRECS until December 31, 2024, and then produce Certified SRECS thereafter for 15 years.
For systems larger than 1MW in size workers must be paid the prevailing wage.
Low Moderate Income (LMI) households at or below 150% of the average median income for the State of Maryland can apply for a grant of $750 per kW with a maximum grant of $7,500 per system.
We expect to hear by early May 2024 if the Governor signs the bill into law.
Certified MD SRECs can be used for 150% of the compliance value by electricity suppliers toward meeting the renewable portfolio standard. These SRECs will command a premium to regular MD SREC. Based on this 150% multiplier we calculate the implied SACP and premium to regular MD SRECs per year:
Energy Year
SACP
Certified “implied” SACP
Certified MD SREC premium estimate
2025
$55
$82.50
$27.50
2026
$45
$67.50
$22.50
2027
$35
$52.50
$17.50
2028
$32.50
$48.75
$16.25
2029
$25
$37.50
$12.50
2030 and later
$22.50
$33.75
$11.25
You can find a copy of the Maryland Solar Bill – HB1435 / SB0737 here:
Flett Exchange operates a market for Maryland Geothermal RECs, or commonly called GRECs. Owners of certified geothermal facilities in Maryland – homes, businesses, schools, hospitals – sell their GRECs on Flett Exchange. Energy companies purchase GRECs on Flett Exchange to comply with Maryland’s Renewable Energy Portfolio. If energy companies do not purchase enough GRECs they have to submit a compliance payment to the state of Maryland. That compliance payment is $100 until 2025 and is reduced after that. See the compliance schedule decrease under “specifications”.
Owners of geothermal facilities can register and sell their GRECs directly on Flett Exchange. Flett Exchange also offers full-service GREC management. For full-service managed clients Flett Exchange will register your system with the state of Maryland, register with the database that creates GRECS, and sell your GRECs along with all of our other GREC clients. Sellers benefit from the increased prices due to the large volume Flett Exchange transacts.
The following are some of the main aspects of the MD GREC Market:
Installation date: January 2023 cut-off. Prior to January 2023 MD geothermal facilities produced Class 1 RECs. January 2023 or later installations produce GRECs.
MD Class 1 REC price cap: $30
MD GREC price cap: $100 -moving down to $65. See the schedule.
Residential and non-residential geothermal facilities in Maryland qualify for GRECs differently.
Residential:
installed in a residential home that is not owned by a business. The system must meet ENERGY STAR standards and not feed electricity back into the grid.
Non-residential:
At a commercial building; or
At multi-family housing units that qualified as low- or moderate-income housing on the date the system was installed on the property; or
At institutions that primarily serve low- or moderate-income individuals and families, including i) schools with a majority of students who are eligible for free and reduced prices meals; ii) hospitals with a majority of patients eligible for financial assistance or who are enrolled in Medicaid; and iii) other facilities that serve individuals and families where a majority of those is enrolled in Federal or State Safety Net Programs.
A system with a 360,000 BTU capacity is eligible for geothermal renewable energy credits only if the Company installing the system provides for its employees:
Family-sustaining wages;
Employer-provided health care with affordable deductibles and co-pays;
Career advancement training;
Fair scheduling;
Employer-paid workers’ compensation and unemployment insurance;
A retirement plan;
Paid time off; and
The right to bargain collectively for wages and benefits
Low income carve-out. Energy companies must procure 20% of the GREC obligation from low-income geothermal facilities. Low or Moderate Income (LMI) for GREC purposes is a household with an aggregate annual income that is below 120% of the area median income. The ability to qualify for the low-income tag on the GRECs may help in the future if the GREC market gets oversupplied because these may retain value longer.
New Geothermal facilities must register with the Maryland Public Service Commission and GATS. Flett Exchange will register for full-service GREC clients.
Register for either a do-it-yourself or a managed GREC account on Flett Exchange to take the first step to receive payments for your GRECs.
All RECs registered in GATS from solar and wind facilities in PJM installed after January 1, 2003 can be used for New Jersey Class 1 compliance. Also, New Jersey Solar facilities that have outlived their SREC qualification of 15 years (or 10 years if the SRP registration for the solar project was filed on or before October 29, 2018) qualify as Class 1 RECs. These can be purchased by energy companies to satisfy their class 1 compliance. The life of the Class 1 rec is three energy years. Energy years run June to May. Compliance is done in the fall of each year.
How do I sell my Class 1 RECs?
If your New Jersey solar facility no longer qualifies for SRECs you can sell them as Class 1 RECs on Flett Exchange. It is the same process as you did with your SRECs except you sell them on the Class 1 market of Flett Exchange. If you have an account with Flett Exchange you can transfer them on GATS to the Flett Exchange account. Enter the Class 1 sell-now price published on the www.flettexchange.com homepage. We will process the trade, email you a confirmation and issue payment the next day.
New Jersey Class 1 REC Value
The range for Class 1 RECs in New Jersey is $0 to $50. $50 is the Alternative Compliance Payment (ACP), or fine, that energy companies in New Jersey have to pay if they do not procure enough Class 1 RECs. The value for Class 1 RECs is $30 at the beginning of 2024 and is expected to move up to the $40 to $45 levels during the 2025 to 2030 timeframe. This rise is expected because New Jersey law requires energy companies to either produce more renewable energy or buy more Class 1 RECs in the coming years.
Flett Exchange is now a market participant within the Virginia Solar Renewable Energy Credit (VA SREC) space, completing our first transactions as the new guidelines have become available. We are now able to procure RECs and provide pricing for VA credits that have the appropriate accreditations on the GATS platform.
While the specifics of the market rules and regulations are still coming to light, Virginia has emerged as a new and interesting space for solar development in the US. Following the passing of the Virginia Clean Economy Act of 2020 (VCEA), both Dominion and Appalachian Power Company are now tasked with completing a Renewable Portfolio Standard on behalf of the customers they serve. The VCEA mentions a few stipulations, but all RECs generated from 2017 and forward are eligible to be bought and sold for buyers to meet compliance. The amount of credits that both Dominion and APCo must procure to meet their compliance ramps up year over year with the hopes of incentivizing solar development within the state. Both utilities must be 100% carbon free by the year 2050.
As it pertains to the residential customer, 1% of all RECs bought must come from facilities that are considered “Distributed Generation”, i.e. facilities that are less than 1MW in size. This is designated by GATS by having a “D” applied to one’s Virginia State Certification Number.
We have posted our current pricing for VA SRECS on our website under the “Virginia” tab. Like many other PJM markets, there is an Alternative Compliance Payment, or ACP, that places a “cap” on the value of each credit. The ACP is $75 for 2021 and increases 1% each year. As we continue to monitor the amount of solar that is installed within Virginia, the price of spot market transactions will fluctuate with supply-demand fundamentals. Any updated pricing will be reflected as such.
Flett Exchange has completed all necessary set up to make sure that it provides liquidity and transparency to owners of the Virginia small distributed facilities. In order to begin selling through our exchange, register for an account on the Flett Exchange website. We are happy to assist you with any questions you might have.
The Maryland legislature passed legislation that will raise the fine (Solar Alternative Compliance Payment) for power companies if they do not procure enough MD SRECs from solar owners. The current legislation sets a fine of $80 per SREC for 2021 and lowers each year to $20.35 by 2030. The bill raises that fine $15 to $20 each year. As of publication we are awaiting the Governor to sign it into law. The proposed fines are shown below.
The same bill also decreases the amount of solar that the energy companies have to procure. Taking into account the amount of solar installed in Maryland and the growth rate this should not have an effect on solar owner’s prices of their SRECs. The only way it will is if an unexpected amount of solar is installed in the next few years.
This is welcome news for solar owners in Maryland along with homeowners and businesses planning on installing a new solar array. The current SREC price caps were inhibiting solar development. We expect the rate of solar installations to increase in Maryland if this bill is passed.
The following is the text for the Amendments to Maryland Senate bill 65 2021-2022 legislative session:
SB0065/773192/1
BY:Economic Matters Committee
AMENDMENTS TO SENATE BILL 65
(Third Reading File Bill)
AMENDMENT NO. 1
On page 1, in line 2, strike “Qualifying” and substitute “Tier 2 Renewable
Sources, Qualifying”; in the same line, after “Biomass” insert “, and Compliance Fees”; in line 3, after the first “of” insert “altering the renewable energy portfolio standard for certain years; extending the eligibility of certain Tier 2 renewable sources for purposes of the renewable energy portfolio standard in certain years; altering the compliance fee for a shortfall from the required percentage of energy from certain Tier 1 renewable sources for the renewable energy portfolio standard in certain years;”; in line 7, after “Act;” insert “providing for the effective dates of this Act; making a conforming change;”; in line 11, strike “and” and substitute a comma; in the same line, after “(s)” insert “, and (t)”; in line 16, strike “and” and substitute “, 7–703(b)(16) through
(25),”; and in the same line, after “7–704(a)” insert “, and 7–705(b)(2)”.
AMENDMENT NO. 2
On page 1, after line 20, insert:
“Article – Public Utilities
7–701.
(a) In this subtitle the following words have the meanings indicated.
(t) “Tier 2 renewable source” means hydroelectric power other than pump storage generation.
7–703.
(b) Except as provided in subsection (e) of this section, the renewable energy portfolio standard shall be as follows:
(16) in 2021[,]:
(I)30.8% from Tier 1 renewable sources, including:
[(i)] 1. at least 7.5% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(17) in 2022[, 33.1%]:
(I) 30.1% from Tier 1 renewable sources, including:
[(i)] 1. at least [8.5%] 5.5% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a)
of this subtitle derived from offshore wind energy; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(18) in 2023[, 35.4%]:
(I) 31.9% from Tier 1 renewable sources, including:
[(i)] 1. at least [9.5%] 6% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a)
of this subtitle derived from offshore wind energy; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(19) in 2024[, 37.7%]:
(I) 33.7% from Tier 1 renewable sources, including:
[(i)] 1. at least [10.5%] 6.5% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a)
of this subtitle derived from offshore wind energy; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(20) in 2025[, 40%]:
(I) 35.5% from Tier 1 renewable sources, including:
[(i)] 1. at least [11.5%] 7% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a)
of this subtitle, not to exceed 10%, derived from offshore wind energy; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(21) in 2026[, 42.5%]:
(I) 38% from Tier 1 renewable sources, including:
[(i)] 1. at least [12.5%] 8% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a)
of this subtitle derived from offshore wind energy, including at least 400 megawatts of Round 2 offshore wind projects; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(22) in 2027[, 45.5%]:
(I) 41.5% from Tier 1 renewable sources, including:
[(i)] 1. at least [13.5%] 9.5% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy, including at least 400 megawatts of Round 2 offshore wind projects; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(23) in 2028[, 47.5%]:
(I) 43% from Tier 1 renewable sources, including:
[(i)] 1. at least [14.5%] 11% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a)
of this subtitle derived from offshore wind energy, including at least 800 megawatts of Round 2 offshore wind projects; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES;
(24) in 2029[, 49.5%]:
(I) 47.5% from Tier 1 renewable sources, including:
[(i)] 1. at least [14.5%] 12.5% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a) of this subtitle derived from offshore wind energy, including at least 800 megawatts of Round 2 offshore wind projects; and
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES; AND
(25) in 2030 and later[,]:
(I) 50% from Tier 1 renewable sources, including:
[(i)] 1. at least 14.5% derived from solar energy; and
[(ii)] 2. an amount set by the Commission under § 7–704.2(a)
of this subtitle derived from offshore wind energy, including at least 1,200 megawatts of Round 2 offshore wind projects; AND
(II) 2.5% FROM TIER 2 RENEWABLE SOURCES
7–705.
(b) (2) If an electricity supplier fails to comply with the renewable energy portfolio standard for the applicable year, the electricity supplier shall pay into the Maryland Strategic Energy Investment Fund established under § 9–20B–05 of the State Government Article:
(i) except as provided in item (ii) of this paragraph, a compliance fee of:
1. the following amounts for each kilowatt–hour of shortfall from required Tier 1 renewable sources other than the shortfall from the required Tier 1 renewable sources that is to be derived from solar energy:
A.4 cents through 2016;
B.3.75 cents in 2017 and 2018;
C.3 cents in 2019 through 2023;
D.2.75 cents in 2024;
E.2.5 cents in 2025;
F.2.475 cents in 2026;
G.2.45 cents in 2027;
H.2.25 cents in 2028 and 2029; and
I.2.235 cents in 2030 and later;
2. the following amounts for each kilowatt–hour of shortfall from required Tier 1 renewable sources that is to be derived from solar energy:
A.45 cents in 2008;
B.40 cents in 2009 through 2014;
C.35 cents in 2015 and 2016;
D.19.5 cents in 2017;
E.17.5 cents in 2018;
F.10 cents in 2019;
G.10 cents in 2020;
H.8 cents in 2021;
I.6 cents in 2022;
J.[4.5] 6 cents in 2023;
K.[4] 6 cents in 2024;
L.[3.5] 5.5 cents in 2025;
M.[3] 4.5 cents in 2026;
N.[2.5] 3.5 cents in 2027 [and 2028];
O.[2.25] 3.25 cents in [2029] 2028; [and]
P.[2.235] 2.5 cents in [2030 and later] 2029; and
Q. 2.25 CENTS IN 2030 AND LATER; AND
3. 1.5 cents for each kilowatt–hour of shortfall from required Tier 2 renewable sources; or
(ii) for industrial process load:
1. for each kilowatt–hour of shortfall from required Tier
1 renewable sources, a compliance fee of:
A.0.8 cents in 2006, 2007, and 2008;
B.0.5 cents in 2009 and 2010;
C.0.4 cents in 2011 and 2012;
D.0.3 cents in 2013 and 2014;
E.0.25 cents in 2015 and 2016; and
F.except as provided in paragraph (3) of this subsection,
0.2 cents in 2017 and later; and
2. nothing for any shortfall from required Tier 2 renewable sources.
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows:”.
On page 4, in line 15, strike “through 2020”; in line 18, strike “2.” and substitute “3.”; in line 20, strike “3.” and substitute “4.”; in the same line, after “That” insert “Section 2 of”; and after line 22, insert:
“SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in
Section 4 of this Act, this Act shall take effect June 1, 2020.”.
DISCLAIMER: Maryland SREC prices are volatile. Buyers and sellers of SRECs must do their
own research. The above projections are subject to change as market dynamics change.
This bill would allow the Board of Public Utilities (BPU) to increase the cost to customers of the State’s Class I renewable energy requirement during energy years 2022 through 2024 above the current limit of seven percent of the total paid for electricity by all customers in the State, under certain conditions.
Under the bill, the BPU could only make this increase if the cost of the Class I renewable energy requirement is less than nine percent of total energy costs during energy years 2019 through 2021 (the limit set by current law). In addition, the total amount paid by customers during energy years 2019 through 2024 could not exceed the sum of: (1) nine percent of total energy costs during energy years 2019 through 2021; and (2) seven percent of total energy costs during energy years 2022 through 2024, i.e. the maximum amount allowed by current law over that six-year period.
“Energy year” means the 12-month period from June 1st through May 31st, numbered according to the calendar year in which it ends.
Allows BPU to increase cost to customers of Class I renewable energy requirement for energy years 2022 through 2024, under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Actconcerning the cost to customers of Class I renewable energy and amending P.L.1999, c.23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 38 of P.L.1999, c.23 (C.48:3-87) is amended to read as follows:
38. a. The board shall require an electric power supplier or basic generation service provider to disclose on a customer's bill or on customer contracts or marketing materials, a uniform, common set of information about the environmental characteristics of the energy purchased by the customer, including, but not limited to:
(1) Its fuel mix, including categories for oil, gas, nuclear, coal, solar, hydroelectric, wind and biomass, or a regional average determined by the board;
(2) Its emissions, in pounds per megawatt hour, of sulfur dioxide, carbon dioxide, oxides of nitrogen, and any other pollutant that the board may determine to pose an environmental or health hazard, or an emissions default to be determined by the board; and
(3) Any discrete emission reduction retired pursuant to rules and regulations adopted pursuant to P.L.1995, c.188.
b. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment and public hearing, interim standards to implement this disclosure requirement, including, but not limited to:
(1) A methodology for disclosure of emissions based on output pounds per megawatt hour;
(2) Benchmarks for all suppliers and basic generation service providers to use in disclosing emissions that will enable consumers to perform a meaningful comparison with a supplier's or basic generation service provider's emission levels; and
(3) A uniform emissions disclosure format that is graphic in nature and easily understandable by consumers. The board shall periodically review the disclosure requirements to determine if revisions to the environmental disclosure system as implemented are necessary.
Such standards shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act."
c. (1) The board may adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment, an emissions portfolio standard applicable to all electric power suppliers and basic generation service providers, upon a finding that:
(a) The standard is necessary as part of a plan to enable the State to meet federal Clean Air Act or State ambient air quality standards; and
(b) Actions at the regional or federal level cannot reasonably be expected to achieve the compliance with the federal standards.
(2) By July 1, 2009, the board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a greenhouse gas emissions portfolio standard to mitigate leakage or another regulatory mechanism to mitigate leakage applicable to all electric power suppliers and basic generation service providers that provide electricity to customers within the State. The greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage shall:
(a) Allow a transition period, either before or after the effective date of the regulation to mitigate leakage, for a basic generation service provider or electric power supplier to either meet the emissions portfolio standard or other regulatory mechanism to mitigate leakage, or to transfer any customer to a basic generation service provider or electric power supplier that meets the emissions portfolio standard or other regulatory mechanism to mitigate leakage. If the transition period allowed pursuant to this subparagraph occurs after the implementation of an emissions portfolio standard or other regulatory mechanism to mitigate leakage, the transition period shall be no longer than three years; and
(b) Exempt the provision of basic generation service pursuant to a basic generation service purchase and sale agreement effective prior to the date of the regulation.
Unless the Attorney General or the Attorney General's designee determines that a greenhouse gas emissions portfolio standard would unconstitutionally burden interstate commerce or would be preempted by federal law, the adoption by the board of an electric energy efficiency portfolio standard pursuant to subsection g. of this section, a gas energy efficiency portfolio standard pursuant to subsection h. of this section, or any other enhanced energy efficiency policies to mitigate leakage shall not be considered sufficient to fulfill the requirement of this subsection for the adoption of a greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage.
d. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing, renewable energy portfolio standards that shall require:
(1) that two and one-half percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class II renewable energy sources;
(2) beginning on January 1, 2020, that 21 percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class I renewable energy sources. The board shall increase the required percentage for Class I renewable energy sources so that by January 1, 2025, 35 percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources, and by January 1, 2030, 50 percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources. Notwithstanding the requirements of this subsection, the board shall ensure that the cost to customers of the Class I renewable energy requirement imposed pursuant to this subsection shall not exceed nine percent of the total paid for electricity by all customers in the State for energy year 2019, energy year 2020, and energy year 2021, respectively, and shall not exceed seven percent of the total paid for electricity by all customers in the State in any energy year thereafter ; provided that, if in energy years 2019 through 2021 the cost to customers of the Class I renewable energy requirement is less than nine percent of the total paid for electricity by all customers in the State, the board may increase the cost to customers of the Class I renewable energy requirement in energy years 2022 through 2024 to a rate greater than seven percent, as long as the total costs to customers for energy years 2019 through 2024 does not exceed the sum of nine percent of the total paid for electricity by all customers in the State in energy years 2019 through 2021 and seven percent of the total paid for electricity by all customers in the State in energy years 2022 through 2024 . In calculating the cost to customers of the Class I renewable energy requirement imposed pursuant to this subsection, the board shall not include the costs of the offshore wind energy certificate program established pursuant to paragraph (4) of this subsection. The board shall take any steps necessary to prevent the exceedance of the cap on the cost to customers including, but not limited to, adjusting the Class I renewable energy requirement.
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection;
(3) that the board establish a multi-year schedule, applicable to each electric power supplier or basic generation service provider in this State, beginning with the one-year period commencing on June 1, 2010, and continuing for each subsequent one-year period up to and including, the one-year period commencing on June 1, 2033, that requires the following number or percentage, as the case may be, of kilowatt-hours sold in this State by each electric power supplier and each basic generation service provider to be from solar electric power generators connected to the distribution system in this State:
EY 2011 306 Gigawatthours (Gwhrs)
EY 2012 442 Gwhrs
EY 2013 596 Gwhrs
EY 2014 2.050%
EY 2015 2.450%
EY 2016 2.750%
EY 2017 3.000%
EY 2018 3.200%
EY 2019 4.300%
EY 2020 4.900%
EY 2021 5.100%
EY 2022 5.100%
EY 2023 5.100%
EY 2024 4.900%
EY 2025 4.800%
EY 2026 4.500%
EY 2027 4.350%
EY 2028 3.740%
EY 2029 3.070%
EY 2030 2.210%
EY 2031 1.580%
EY 2032 1.400%
EY 2033 1.100%
No later than 180 days after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the board shall adopt rules and regulations to close the SREC program to new applications upon the attainment of 5.1 percent of the kilowatt-hours sold in the State by each electric power supplier and each basic generation provider from solar electric power generators connected to the distribution system. The board shall continue to consider any application filed before the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.). The board shall provide for an orderly and transparent mechanism that will result in the closing of the existing SREC program on a date certain but no later than June 1, 2021.
No later than 24 months after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the board shall complete a study that evaluates how to modify or replace the SREC program to encourage the continued efficient and orderly development of solar renewable energy generating sources throughout the State. The board shall submit the written report thereon to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The board shall consult with public utilities, industry experts, regional grid operators, solar power providers and financiers, and other State agencies to determine whether the board can modify the SREC program such that the program will:
- continually reduce, where feasible, the cost of achieving the solar energy goals set forth in this subsection;
- provide an orderly transition from the SREC program to a new or modified program;
- develop megawatt targets for grid connected and distribution systems, including residential and small commercial rooftop systems, community solar systems, and large scale behind the meter systems, as a share of the overall solar energy requirement, which targets the board may modify periodically based on the cost, feasibility, or social impacts of different types of projects;
- establish and update market-based maximum incentive payment caps periodically for each of the above categories of solar electric power generation facilities;
- encourage and facilitate market-based cost recovery through long-term contracts and energy market sales; and
- where cost recovery is needed for any portion of an efficient solar electric power generation facility when costs are not recoverable through wholesale market sales and direct payments from customers, utilize competitive processes such as competitive procurement and long-term contracts where possible to ensure such recovery, without exceeding the maximum incentive payment cap for that category of facility.
The board shall approve, conditionally approve, or disapprove any application for designation as connected to the distribution system of a solar electric power generation facility filed with the board after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), no more than 90 days after receipt by the board of a completed application. For any such application for a project greater than 25 kilowatts, the board shall require the applicant to post a notice escrow with the board in an amount of $40 per kilowatt of DC nameplate capacity of the facility, not to exceed $40,000. The notice escrow amount shall be reimbursed to the applicant in full upon either denial of the application by the board or upon commencement of commercial operation of the solar electric power generation facility. The escrow amount shall be forfeited to the State if the facility is designated as connected to the distribution system pursuant to this subsection but does not commence commercial operation within two years following the date of the designation by the board.
For all applications for designation as connected to the distribution system of a solar electric power generation facility filed with the board after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the SREC term shall be 10 years.
(a) The board shall determine an appropriate period of no less than 120 days following the end of an energy year prior to which a provider or supplier must demonstrate compliance for that energy year with the annual renewable portfolio standard;
(b) No more than 24 months following the date of enactment of P.L.2012, c.24, the board shall complete a proceeding to investigate approaches to mitigate solar development volatility and prepare and submit, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report to the Legislature, detailing its findings and recommendations. As part of the proceeding, the board shall evaluate other techniques used nationally and internationally;
(c) The solar renewable portfolio standards requirements in this paragraph shall exempt those existing supply contracts which are effective prior to the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.) from any increase beyond the number of SRECs mandated by the solar renewable energy portfolio standards requirements that were in effect on the date that the providers executed their existing supply contracts. This limited exemption for providers' existing supply contracts shall not be construed to lower the Statewide solar sourcing requirements set forth in this paragraph. Such incremental requirements that would have otherwise been imposed on exempt providers shall be distributed over the providers not subject to the existing supply contract exemption until such time as existing supply contracts expire and all providers are subject to the new requirement in a manner that is competitively neutral among all providers and suppliers. Notwithstanding any rule or regulation to the contrary, the board shall recognize these new solar purchase obligations as a change required by operation of law and implement the provisions of this subsection in a manner so as to prevent any subsidies between suppliers and providers and to promote competition in the electricity supply industry.
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection, or compliance with the requirements of this subsection may be demonstrated to the board by suppliers or providers through the purchase of SRECs.
The renewable energy portfolio standards adopted by the board pursuant to paragraphs (1) and (2) of this subsection shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act."
The renewable energy portfolio standards adopted by the board pursuant to this paragraph shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 30 months after such filing, and shall, thereafter, be amended, adopted or readopted by the board in accordance with the "Administrative Procedure Act"; and
(4) within 180 days after the date of enactment of P.L.2010, c.57 (C.48:3-87.1 et al.), that the board establish an offshore wind renewable energy certificate program to require that a percentage of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from offshore wind energy in order to support at least 3,500 megawatts of generation from qualified offshore wind projects.
The percentage established by the board pursuant to this paragraph shall serve as an offset to the renewable energy portfolio standard established pursuant to paragraph (2) of this subsection and shall reduce the corresponding Class I renewable energy requirement.
The percentage established by the board pursuant to this paragraph shall reflect the projected OREC production of each qualified offshore wind project, approved by the board pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1), for 20 years from the commercial operation start date of the qualified offshore wind project which production projection and OREC purchase requirement, once approved by the board, shall not be subject to reduction.
An electric power supplier or basic generation service provider shall comply with the OREC program established pursuant to this paragraph through the purchase of offshore wind renewable energy certificates at a price and for the time period required by the board. In the event there are insufficient offshore wind renewable energy certificates available, the electric power supplier or basic generation service provider shall pay an offshore wind alternative compliance payment established by the board. Any offshore wind alternative compliance payments collected shall be refunded directly to the ratepayers by the electric public utilities.
The rules established by the board pursuant to this paragraph shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
e. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing:
(1) net metering standards for electric power suppliers and basic generation service providers. The standards shall require electric power suppliers and basic generation service providers to offer net metering at non-discriminatory rates to industrial, large commercial, residential and small commercial customers, as those customers are classified or defined by the board, that generate electricity, on the customer's side of the meter, using a Class I renewable energy source, for the net amount of electricity supplied by the electric power supplier or basic generation service provider over an annualized period. Systems of any sized capacity, as measured in watts, are eligible for net metering. If the amount of electricity generated by the customer-generator, plus any kilowatt hour credits held over from the previous billing periods, exceeds the electricity supplied by the electric power supplier or basic generation service provider, then the electric power supplier or basic generation service provider, as the case may be, shall credit the customer-generator for the excess kilowatt hours until the end of the annualized period at which point the customer-generator will be compensated for any remaining credits or, if the customer-generator chooses, credit the customer-generator on a real-time basis, at the electric power supplier's or basic generation service provider's avoided cost of wholesale power or the PJM electric power pool's real-time locational marginal pricing rate, adjusted for losses, for the respective zone in the PJM electric power pool. Alternatively, the customer-generator may execute a bilateral agreement with an electric power supplier or basic generation service provider for the sale and purchase of the customer-generator's excess generation. The customer-generator may be credited on a real-time basis, so long as the customer-generator follows applicable rules prescribed by the PJM electric power pool for its capacity requirements for the net amount of electricity supplied by the electric power supplier or basic generation service provider. The board may authorize an electric power supplier or basic generation service provider to cease offering net metering to customers that are not already net metered whenever the total rated generating capacity owned and operated by net metering customer-generators Statewide equals 5.8 percent of the total annual kilowatt-hours sold in this State by each electric power supplier and each basic generation service provider during the prior one-year period;
(2) safety and power quality interconnection standards for Class I renewable energy source systems used by a customer-generator that shall be eligible for net metering.
Such standards or rules shall take into consideration the goals of the New Jersey Energy Master Plan, applicable industry standards, and the standards of other states and the Institute of Electrical and Electronics Engineers. The board shall allow electric public utilities to recover the costs of any new net meters, upgraded net meters, system reinforcements or upgrades, and interconnection costs through either their regulated rates or from the net metering customer-generator;
(3) credit or other incentive rules for generators using Class I renewable energy generation systems that connect to New Jersey's electric public utilities' distribution system but who do not net meter; and
(4) net metering aggregation standards to require electric public utilities to provide net metering aggregation to single electric public utility customers that operate a solar electric power generation system installed at one of the customer's facilities or on property owned by the customer, provided that any such customer is a State entity, school district, county, county agency, county authority, municipality, municipal agency, or municipal authority. The standards shall provide that, in order to qualify for net metering aggregation, the customer must operate a solar electric power generation system using a net metering billing account, which system is located on property owned by the customer, provided that: (a) the property is not land that has been actively devoted to agricultural or horticultural use and that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.) at any time within the 10-year period prior to the effective date of P.L.2012, c.24, provided, however, that the municipal planning board of a municipality in which a solar electric power generation system is located may waive the requirement of this subparagraph (a), (b) the system is not an on-site generation facility, (c) all of the facilities of the single customer combined for the purpose of net metering aggregation are facilities owned or operated by the single customer and are located within its territorial jurisdiction except that all of the facilities of a State entity engaged in net metering aggregation shall be located within five miles of one another, and (d) all of those facilities are within the service territory of a single electric public utility and are all served by the same basic generation service provider or by the same electric power supplier. The standards shall provide that in order to qualify for net metering aggregation, the customer's solar electric power generation system shall be sized so that its annual generation does not exceed the combined metered annual energy usage of the qualified customer facilities, and the qualified customer facilities shall all be in the same customer rate class under the applicable electric public utility tariff. For the customer's facility or property on which the solar electric generation system is installed, the electricity generated from the customer's solar electric generation system shall be accounted for pursuant to the provisions of paragraph (1) of this subsection to provide that the electricity generated in excess of the electricity supplied by the electric power supplier or the basic generation service provider, as the case may be, for the customer's facility on which the solar electric generation system is installed, over the annualized period, is credited at the electric power supplier's or the basic generation service provider's avoided cost of wholesale power or the PJM electric power pool real-time locational marginal pricing rate. All electricity used by the customer's qualified facilities, with the exception of the facility or property on which the solar electric power generation system is installed, shall be billed at the full retail rate pursuant to the electric public utility tariff applicable to the customer class of the customer using the electricity. A customer may contract with a third party to operate a solar electric power generation system, for the purpose of net metering aggregation. Any contractual relationship entered into for operation of a solar electric power generation system related to net metering aggregation shall include contractual protections that provide for adequate performance and provision for construction and operation for the term of the contract, including any appropriate bonding or escrow requirements. Any incremental cost to an electric public utility for net metering aggregation shall be fully and timely recovered in a manner to be determined by the board. The board shall adopt net metering aggregation standards within 270 days after the effective date of P.L.2012, c.24.
Such rules shall require the board or its designee to issue a credit or other incentive to those generators that do not use a net meter but otherwise generate electricity derived from a Class I renewable energy source and to issue an enhanced credit or other incentive, including, but not limited to, a solar renewable energy credit, to those generators that generate electricity derived from solar technologies.
Such standards or rules shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act."
f. The board may assess, by written order and after notice and opportunity for comment, a separate fee to cover the cost of implementing and overseeing an emission disclosure system or emission portfolio standard, which fee shall be assessed based on an electric power supplier's or basic generation service provider's share of the retail electricity supply market. The board shall not impose a fee for the cost of implementing and overseeing a greenhouse gas emissions portfolio standard adopted pursuant to paragraph (2) of subsection c. of this section.
g. The board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an electric energy efficiency program in order to ensure investment in cost-effective energy efficiency measures, ensure universal access to energy efficiency measures, and serve the needs of low-income communities that shall require each electric public utility to implement energy efficiency measures that reduce electricity usage in the State pursuant to section 3 of P.L.2018, c.17 (C.48:3-87.9). Nothing in this subsection shall be construed to prevent an electric public utility from meeting the requirements of this subsection by contracting with another entity for the performance of the requirements.
h. The board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a gas energy efficiency program in order to ensure investment in cost-effective energy efficiency measures, ensure universal access to energy efficiency measures, and serve the needs of low-income communities that shall require each gas public utility to implement energy efficiency measures that reduce natural gas usage in the State pursuant to section 3 of P.L.2018, c.17 (C.48:3-87.9). Nothing in this subsection shall be construed to prevent a gas public utility from meeting the requirements of this subsection by contracting with another entity for the performance of the requirements.
i. After the board establishes a schedule of solar kilowatt-hour sale or purchase requirements pursuant to paragraph (3) of subsection d. of this section, the board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, increased minimum solar kilowatt-hour sale or purchase requirements, provided that the board shall not reduce previously established minimum solar kilowatt-hour sale or purchase requirements, or otherwise impose constraints that reduce the requirements by any means.
j. The board shall determine an appropriate level of solar alternative compliance payment, and permit each supplier or provider to submit an SACP to comply with the solar electric generation requirements of paragraph (3) of subsection d. of this section. The value of the SACP for each Energy Year, for Energy Years 2014 through 2033 per megawatt hour from solar electric generation required pursuant to this section, shall be:
EY 2014 $339
EY 2015 $331
EY 2016 $323
EY 2017 $315
EY 2018 $308
EY 2019 $268
EY 2020 $258
EY 2021 $248
EY 2022 $238
EY 2023 $228
EY 2024 $218
EY 2025 $208
EY 2026 $198
EY 2027 $188
EY 2028 $178
EY 2029 $168
EY 2030 $158
EY 2031 $148
EY 2032 $138
EY 2033 $128.
The board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, an increase in solar alternative compliance payments, provided that the board shall not reduce previously established levels of solar alternative compliance payments, nor shall the board provide relief from the obligation of payment of the SACP by the electric power suppliers or basic generation service providers in any form. Any SACP payments collected shall be refunded directly to the ratepayers by the electric public utilities.
k. The board may allow electric public utilities to offer long-term contracts through a competitive process, direct electric public utility investment and other means of financing, including but not limited to loans, for the purchase of SRECs and the resale of SRECs to suppliers or providers or others, provided that after such contracts have been approved by the board, the board's approvals shall not be modified by subsequent board orders. If the board allows the offering of contracts pursuant to this subsection, the board may establish a process, after hearing, and opportunity for public comment, to provide that a designated segment of the contracts approved pursuant to this subsection shall be contracts involving solar electric power generation facility projects with a capacity of up to 250 kilowatts.
l. The board shall implement its responsibilities under the provisions of this section in such a manner as to:
(1) place greater reliance on competitive markets, with the explicit goal of encouraging and ensuring the emergence of new entrants that can foster innovations and price competition;
(2) maintain adequate regulatory authority over non-competitive public utility services;
(3) consider alternative forms of regulation in order to address changes in the technology and structure of electric public utilities;
(4) promote energy efficiency and Class I renewable energy market development, taking into consideration environmental benefits and market barriers;
(5) make energy services more affordable for low and moderate income customers;
(6) attempt to transform the renewable energy market into one that can move forward without subsidies from the State or public utilities;
(7) achieve the goals put forth under the renewable energy portfolio standards;
(8) promote the lowest cost to ratepayers; and
(9) allow all market segments to participate.
m. The board shall ensure the availability of financial incentives under its jurisdiction, including, but not limited to, long-term contracts, loans, SRECs, or other financial support, to ensure market diversity, competition, and appropriate coverage across all ratepayer segments, including, but not limited to, residential, commercial, industrial, non-profit, farms, schools, and public entity customers.
n. For projects which are owned, or directly invested in, by a public utility pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), the board shall determine the number of SRECs with which such projects shall be credited; and in determining such number the board shall ensure that the market for SRECs does not detrimentally affect the development of non-utility solar projects and shall consider how its determination may impact the ratepayers.
o. The board, in consultation with the Department of Environmental Protection, electric public utilities, the Division of Rate Counsel in, but not of, the Department of the Treasury, affected members of the solar energy industry, and relevant stakeholders, shall periodically consider increasing the renewable energy portfolio standards beyond the minimum amounts set forth in subsection d. of this section, taking into account the cost impacts and public benefits of such increases including, but not limited to:
(1) reductions in air pollution, water pollution, land disturbance, and greenhouse gas emissions;
(2) reductions in peak demand for electricity and natural gas, and the overall impact on the costs to customers of electricity and natural gas;
(3) increases in renewable energy development, manufacturing, investment, and job creation opportunities in this State; and
(4) reductions in State and national dependence on the use of fossil fuels.
p. Class I RECs and ORECs shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following two energy years. SRECs shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following four energy years.
q. (1) During the energy years of 2014, 2015, and 2016, a solar electric power generation facility project that is not: (a) net metered; (b) an on-site generation facility; (c) qualified for net metering aggregation; or (d) certified as being located on a brownfield, on an area of historic fill or on a properly closed sanitary landfill facility, as provided pursuant to subsection t. of this section may file an application with the board for approval of a designation pursuant to this subsection that the facility is connected to the distribution system. An application filed pursuant to this subsection shall include a notice escrow of $40,000 per megawatt of the proposed capacity of the facility. The board shall approve the designation if: the facility has filed a notice in writing with the board applying for designation pursuant to this subsection, together with the notice escrow; and the capacity of the facility, when added to the capacity of other facilities that have been previously approved for designation prior to the facility's filing under this subsection, does not exceed 80 megawatts in the aggregate for each year. The capacity of any one solar electric power supply project approved pursuant to this subsection shall not exceed 10 megawatts. No more than 90 days after its receipt of a completed application for designation pursuant to this subsection, the board shall approve, conditionally approve, or disapprove the application. The notice escrow shall be reimbursed to the facility in full upon either rejection by the board or the facility entering commercial operation, or shall be forfeited to the State if the facility is designated pursuant to this subsection but does not enter commercial operation pursuant to paragraph (2) of this subsection.
(2) If the proposed solar electric power generation facility does not commence commercial operations within two years following the date of the designation by the board pursuant to this subsection, the designation of the facility shall be deemed to be null and void, and the facility shall not be considered connected to the distribution system thereafter.
(3) Notwithstanding the provisions of paragraph (2) of this subsection, a solar electric power generation facility project that as of May 31, 2017 was designated as "connected to the distribution system," but failed to commence commercial operations as of that date, shall maintain that designation if it commences commercial operations by May 31, 2018.
r. (1) For all proposed solar electric power generation facility projects except for those solar electric power generation facility projects approved pursuant to subsection q. of this section, and for all projects proposed in energy year 2019 and energy year 2020, the board may approve projects for up to 50 megawatts annually in auctioned capacity in two auctions per year as long as the board is accepting applications. If the board approves projects for less than 50 megawatts in energy year 2019 or less than 50 megawatts in energy year 2020, the difference in each year shall be carried over into the successive energy year until 100 megawatts of auctioned capacity has been approved by the board pursuant to this subsection. A proposed solar electric power generation facility that is neither net metered nor an on-site generation facility, may be considered "connected to the distribution system" only upon designation as such by the board, after notice to the public and opportunity for public comment or hearing. A proposed solar power electric generation facility seeking board designation as "connected to the distribution system" shall submit an application to the board that includes for the proposed facility: the nameplate capacity; the estimated energy and number of SRECs to be produced and sold per year; the estimated annual rate impact on ratepayers; the estimated capacity of the generator as defined by PJM for sale in the PJM capacity market; the point of interconnection; the total project acreage and location; the current land use designation of the property; the type of solar technology to be used; and such other information as the board shall require.
(2) The board shall approve the designation of the proposed solar power electric generation facility as "connected to the distribution system" if the board determines that:
(a) the SRECs forecasted to be produced by the facility do not have a detrimental impact on the SREC market or on the appropriate development of solar power in the State;
(b) the approval of the designation of the proposed facility would not significantly impact the preservation of open space in this State;
(c) the impact of the designation on electric rates and economic development is beneficial; and
(d) there will be no impingement on the ability of an electric public utility to maintain its property and equipment in such a condition as to enable it to provide safe, adequate, and proper service to each of its customers.
(3) The board shall act within 90 days of its receipt of a completed application for designation of a solar power electric generation facility as "connected to the distribution system," to either approve, conditionally approve, or disapprove the application. If the proposed solar electric power generation facility does not commence commercial operations within two years following the date of the designation by the board pursuant to this subsection, the designation of the facility as "connected to the distribution system" shall be deemed to be null and void, and the facility shall thereafter be considered not "connected to the distribution system."
s. In addition to any other requirements of P.L.1999, c.23 or any other law, rule, regulation or order, a solar electric power generation facility that is not net metered or an on-site generation facility and which is located on land that has been actively devoted to agricultural or horticultural use that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.) at any time within the 10-year period prior to the effective date of P.L.2012, c.24, shall only be considered "connected to the distribution system" if (1) the board approves the facility's designation pursuant to subsection q. of this section; or (2) (a) PJM issued a System Impact Study for the facility on or before June 30, 2011, (b) the facility files a notice with the board within 60 days of the effective date of P.L.2012, c.24, indicating its intent to qualify under this subsection, and (c) the facility has been approved as "connected to the distribution system" by the board. Nothing in this subsection shall limit the board's authority concerning the review and oversight of facilities, unless such facilities are exempt from such review as a result of having been approved pursuant to subsection q. of this section.
t. (1) No more than 180 days after the date of enactment of P.L.2012, c.24, the board shall, in consultation with the Department of Environmental Protection and the New Jersey Economic Development Authority, and, after notice and opportunity for public comment and public hearing, complete a proceeding to establish a program to provide SRECs to owners of solar electric power generation facility projects certified by the board, in consultation with the Department of Environmental Protection, as being located on a brownfield, on an area of historic fill or on a properly closed sanitary landfill facility, including those owned or operated by an electric public utility and approved pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1). Projects certified under this subsection shall be considered "connected to the distribution system", shall not require such designation by the board, and shall not be subject to board review required pursuant to subsections q. and r. of this section. Notwithstanding the provisions of section 3 of P.L.1999, c.23 (C.48:3-51) or any other law, rule, regulation, or order to the contrary, for projects certified under this subsection, the board shall establish a financial incentive that is designed to supplement the SRECs generated by the facility in order to cover the additional cost of constructing and operating a solar electric power generation facility on a brownfield, on an area of historic fill or on a properly closed sanitary landfill facility. Any financial benefit realized in relation to a project owned or operated by an electric public utility and approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), as a result of the provision of a financial incentive established by the board pursuant to this subsection, shall be credited to ratepayers. The issuance of SRECs for all solar electric power generation facility projects pursuant to this subsection shall be deemed "Board of Public Utilities financial assistance" as provided under section 1 of P.L.2009, c.89 (C.48:2-29.47).
(2) Notwithstanding the provisions of the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.) or any other law, rule, regulation, or order to the contrary, the board, in consultation with the Department of Environmental Protection, may find that a person who operates a solar electric power generation facility project that has commenced operation on or after the effective date of P.L.2012, c.24, which project is certified by the board, in consultation with the Department of Environmental Protection pursuant to paragraph (1) of this subsection, as being located on a brownfield for which a final remediation document has been issued, on an area of historic fill or on a properly closed sanitary landfill facility, which projects shall include, but not be limited to projects located on a brownfield for which a final remediation document has been issued, on an area of historic fill or on a properly closed sanitary landfill facility owned or operated by an electric public utility and approved pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), or a person who owns property acquired on or after the effective date of P.L.2012, c.24 on which such a solar electric power generation facility project is constructed and operated, shall not be liable for cleanup and removal costs to the Department of Environmental Protection or to any other person for the discharge of a hazardous substance provided that:
(a) the person acquired or leased the real property after the discharge of that hazardous substance at the real property;
(b) the person did not discharge the hazardous substance, is not in any way responsible for the hazardous substance, and is not a successor to the discharger or to any person in any way responsible for the hazardous substance or to anyone liable for cleanup and removal costs pursuant to section 8 of P.L.1976, c.141 (C.58:10-23.11g);
(c) the person, within 30 days after acquisition of the property, gave notice of the discharge to the Department of Environmental Protection in a manner the Department of Environmental Protection prescribes;
(d) the person does not disrupt or change, without prior written permission from the Department of Environmental Protection, any engineering or institutional control that is part of a remedial action for the contaminated site or any landfill closure or post-closure requirement;
(e) the person does not exacerbate the contamination at the property;
(f) the person does not interfere with any necessary remediation of the property;
(g) the person complies with any regulations and any permit the Department of Environmental Protection issues pursuant to section 19 of P.L.2009, c.60 (C.58:10C-19) or paragraph (2) of subsection a. of section 6 of P.L.1970, c.39 (C.13:1E-6);
(h) with respect to an area of historic fill, the person has demonstrated pursuant to a preliminary assessment and site investigation, that hazardous substances have not been discharged; and
(i) with respect to a properly closed sanitary landfill facility, no person who owns or controls the facility receives, has received, or will receive, with respect to such facility, any funds from any post-closure escrow account established pursuant to section 10 of P.L.1981, c.306 (C.13:1E-109) for the closure and monitoring of the facility.
Only the person who is liable to clean up and remove the contamination pursuant to section 8 of P.L.1976, c.141 (C.58:10-23.11g) and who does not have a defense to liability pursuant to subsection d. of that section shall be liable for cleanup and removal costs.
u. No more than 180 days after the date of enactment of P.L.2012, c.24, the board shall complete a proceeding to establish a registration program. The registration program shall require the owners of solar electric power generation facility projects connected to the distribution system to make periodic milestone filings with the board in a manner and at such times as determined by the board to provide full disclosure and transparency regarding the overall level of development and construction activity of those projects Statewide.
v. The issuance of SRECs for all solar electric power generation facility projects pursuant to this section, for projects connected to the distribution system with a capacity of one megawatt or greater, shall be deemed "Board of Public Utilities financial assistance" as provided pursuant to section 1 of P.L.2009, c.89 (C.48:2-29.47).
w. No more than 270 days after the date of enactment of P.L.2012, c.24, the board shall, after notice and opportunity for public comment and public hearing, complete a proceeding to consider whether to establish a program to provide, to owners of solar electric power generation facility projects certified by the board as being three megawatts or greater in capacity and being net metered, including facilities which are owned or operated by an electric public utility and approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), a financial incentive that is designed to supplement the SRECs generated by the facility to further the goal of improving the economic competitiveness of commercial and industrial customers taking power from such projects. If the board determines to establish such a program pursuant to this subsection, the board may establish a financial incentive to provide that the board shall issue one SREC for no less than every 750 kilowatt-hours of solar energy generated by the certified projects. Any financial benefit realized in relation to a project owned or operated by an electric public utility and approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), as a result of the provisions of a financial incentive established by the board pursuant to this subsection, shall be credited to ratepayers.
x. Solar electric power generation facility projects that are located on an existing or proposed commercial, retail, industrial, municipal, professional, recreational, transit, commuter, entertainment complex, multi-use, or mixed-use parking lot with a capacity to park 350 or more vehicles where the area to be utilized for the facility is paved, or an impervious surface may be owned or operated by an electric public utility and may be approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1).
(cf: P.L.2018, c.17, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would allow the Board of Public Utilities (BPU) to increase the cost to customers of the State’s Class I renewable energy requirement during energy years 2022 through 2024 above the current limit of seven percent of the total paid for electricity by all customers in the State, under certain conditions.
Under the bill, the BPU could only make this increase if the cost of the Class I renewable energy requirement is less than nine percent of total energy costs during energy years 2019 through 2021 (the limit set by current law). In addition, the total amount paid by customers during energy years 2019 through 2024 could not exceed the sum of: (1) nine percent of total energy costs during energy years 2019 through 2021; and (2) seven percent of total energy costs during energy years 2022 through 2024, i.e. the maximum amount allowed by current law over that six-year period.
“Energy year” means the 12-month period from June 1st through May 31st, numbered according to the calendar year in which it ends.
DISCLAIMER: New Jersey SREC prices are volatile. Buyers and sellers of SRECs must do their own research. The above projections are subject to change as market dynamics change.
Increases Net metering cap from 5.8% to 15% - without this new solar starting in 2021 will not be financeable.
Adjusts Ratepayer cap from current 9% moving to 7% in 2022 to a gradual step-down 9% to 8.5% to 8.0% to 5% in 2036. Solves for the "kink-years" where there is no $ for new solar in 2022,2023 and 2024. Net neutral for ratepayers. Prevents solar companies in NJ from going out of business.
Reduces class 1 rec ratepayer exposure from 5cents a kilowatt hour to 1 cent a kilowatt hour. Prevents money from being taken from solar owners SREC proceeds and being sent out-of-state.
Establishes demand for 360 Mw a year of new solar being built until 2036. Doubles the amount of solar by 2030 to 6.25 Gw. and 11% of statewide energy from solar.
SRECSACP levels reduced to match rate-caps. New demand helps ensure SREC prices remain stable to strong and that solar investors remain whole.
Keeps old and new solar owners interests aligned by keeping one SREC market.
Revises law concerning Class I and solar renewable energy portfolio standards, solar renewable energy certificates, and net metering.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning Class I and solar renewable energy and net metering, and amending P.L.1999, c.23.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 38 of P.L.1999, c.23 (C.48:3-87) is amended to read as follows:
38. a. The board shall require an electric power supplier or basic generation service provider to disclose on a customer's bill or on customer contracts or marketing materials, a uniform, common set of information about the environmental characteristics of the energy purchased by the customer, including, but not limited to:
(1) Its fuel mix, including categories for oil, gas, nuclear, coal, solar, hydroelectric, wind and biomass, or a regional average determined by the board;
(2) Its emissions, in pounds per megawatt hour, of sulfur dioxide, carbon dioxide, oxides of nitrogen, and any other pollutant that the board may determine to pose an environmental or health hazard, or an emissions default to be determined by the board; and
(3) Any discrete emission reduction retired pursuant to rules and regulations adopted pursuant to P.L.1995, c.188.
b. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment and public hearing, interim standards to implement this disclosure requirement, including, but not limited to:
(1) A methodology for disclosure of emissions based on output pounds per megawatt hour;
(2) Benchmarks for all suppliers and basic generation service providers to use in disclosing emissions that will enable consumers to perform a meaningful comparison with a supplier's or basic generation service provider's emission levels; and
(3) A uniform emissions disclosure format that is graphic in nature and easily understandable by consumers. The board shall periodically review the disclosure requirements to determine if revisions to the environmental disclosure system as implemented are necessary.
Such standards shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act."
c. (1) The board may adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment, an emissions portfolio standard applicable to all electric power suppliers and basic generation service providers, upon a finding that:
(a) The standard is necessary as part of a plan to enable the State to meet federal Clean Air Act or State ambient air quality standards; and
(b) Actions at the regional or federal level cannot reasonably be expected to achieve the compliance with the federal standards.
(2) By July 1, 2009, the board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a greenhouse gas emissions portfolio standard to mitigate leakage or another regulatory mechanism to mitigate leakage applicable to all electric power suppliers and basic generation service providers that provide electricity to customers within the State. The greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage shall:
(a) Allow a transition period, either before or after the effective date of the regulation to mitigate leakage, for a basic generation service provider or electric power supplier to either meet the emissions portfolio standard or other regulatory mechanism to mitigate leakage, or to transfer any customer to a basic generation service provider or electric power supplier that meets the emissions portfolio standard or other regulatory mechanism to mitigate leakage. If the transition period allowed pursuant to this subparagraph occurs after the implementation of an emissions portfolio standard or other regulatory mechanism to mitigate leakage, the transition period shall be no longer than three years; and
(b) Exempt the provision of basic generation service pursuant to a basic generation service purchase and sale agreement effective prior to the date of the regulation.
Unless the Attorney General or the Attorney General's designee determines that a greenhouse gas emissions portfolio standard would unconstitutionally burden interstate commerce or would be preempted by federal law, the adoption by the board of an electric energy efficiency portfolio standard pursuant to subsection g. of this section, a gas energy efficiency portfolio standard pursuant to subsection h. of this section, or any other enhanced energy efficiency policies to mitigate leakage shall not be considered sufficient to fulfill the requirement of this subsection for the adoption of a greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage.
d. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing, renewable energy portfolio standards that shall require:
(1) that two and one-half percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class II renewable energy sources;
(2) beginning on January 1, 2020, that 21 percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class I renewable energy sources. The board shall increase the required percentage for Class I renewable energy sources so that by January 1, 2025, 35 percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources, and by January 1, 2030, 50 percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources.
Notwithstanding the requirements of this subsection, the board shall ensure that the cost to customers of the Class I renewable energy requirement imposed pursuant to this subsection :
(a) shall not exceed nine percent of the total paid for electricity by all customers in the State for energy year 2019, energy year 2020, and energy year 2021, respectively [,]; and
(b) shall not exceed [seven percent]the following percentages of the total paid for electricity by all customers in the State [in any]for energy year [thereafter]2022 through energy year 2037:
EY 20228.5%
EY 20238.5%
EY 20248%
EY 20258%
EY 20267.5%
EY 20277.5%
EY 20287%
EY 20297%
EY 20306.5%
EY 20316.5%
EY 20326%
EY 20336%
EY 20345.5%
EY 20355.5%
EY 20365%
EY 20375% .
In calculating the cost to customers of the Class I renewable energy requirement imposed pursuant to this subsection, the board shall not include the costs of the offshore wind energy certificate program established pursuant to paragraph (4) of this subsection. The board shall take any steps necessary to prevent the exceedance of the cap on the cost to customers including, but not limited to, adjusting the Class I renewable energy requirement.
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection for Class I renewable energy by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection or by submitting a Class I alternative compliance payment in the amount of $10 for energy year 2021 through energy year 2037. Any Class I alternative compliance payment collected pursuant to this paragraph shall be refunded directly to the ratepayers ;
(3) that the board establish a multi-year schedule, applicable to each electric power supplier or basic generation service provider in this State, beginning with the one-year period commencing on June 1, 2010, and continuing for each subsequent one-year period up to and including, the one-year period commencing on June 1, [2033]2037 , that requires the following number or percentage, as the case may be, of kilowatt-hours sold in this State by each electric power supplier and each basic generation service provider to be from solar electric power generators connected to the distribution system in this State:
EY 2011 306 Gigawatthours (Gwhrs)
EY 2012 442 Gwhrs
EY 2013 596 Gwhrs
EY 2014 2.050%
EY 2015 2.450%
EY 2016 2.750%
EY 2017 3.000%
EY 2018 3.200%
EY 2019 4.300%
EY 2020 4.900%
EY 2021 [5.100%]5.25%
EY 2022 [5.100%]5.88%
EY 2023 [5.100%]6.05%
EY 2024 [4.900%]6.29%
EY 2025 [4.800%]6.58%
EY 2026 [4.500%]6.39%
EY 2027 [4.350%]6.36%
EY 2028 [3.740%]6.17%
EY 2029 [3.070%]5.82%
EY 2030 [2.210%]5.49%
EY 2031 [1.580%]4.88%
EY 2032 [1.400%]4.36%
EY 2033 [1.100%]3.87%
EY 20343.87%
EY 20353.87%
EY 20363.87%
EY 20373.87%
[No later than 180 days after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the board shall adopt rules and regulations to close the SREC program to new applications upon the attainment of 5.1 percent of the kilowatt-hours sold in the State by each electric power supplier and each basic generation provider from solar electric power generators connected to the distribution system. The board shall continue to consider any application filed before the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.). The board shall provide for an orderly and transparent mechanism that will result in the closing of the existing SREC program on a date certain but no later than June 1, 2021.]
No later than 24 months after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the board shall complete a study [that evaluates how to modify or replace the SREC program to encourage the continued efficient and orderly development of solar renewable energy generating sources throughout the State. The board shall submit the written report thereon to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. The board shall consult with public utilities, industry experts, regional grid operators, solar power providers and financiers, and other State agencies to determine whether the board can modify the SREC program such that the program will:
-continually reduce, where feasible, the cost of achieving the solar energy goals set forth in this subsection;
-provide an orderly transition from the SREC program to a new or modified program;
-]to develop megawatt targets for grid connected and distribution systems, including residential and small commercial rooftop systems, community solar systems, and large scale behind the meter systems, as a share of the overall solar energy requirement, which targets the board may modify periodically based on the cost, feasibility, or social impacts of different types of projects [;
-establish and update market-based maximum incentive payment caps periodically for each of the above categories of solar electric power generation facilities;
-encourage and facilitate market-based cost recovery through long-term contracts and energy market sales; and
-where cost recovery is needed for any portion of an efficient solar electric power generation facility when costs are not recoverable through wholesale market sales and direct payments from customers, utilize competitive processes such as competitive procurement and long-term contracts where possible to ensure such recovery, without exceeding the maximum incentive payment cap for that category of facility]. The board shall submit a written report thereon to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature .
The board shall approve, conditionally approve, or disapprove any application for designation as connected to the distribution system of a solar electric power generation facility filed with the board after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), no more than 90 days after receipt by the board of a completed application. For any such application for a project greater than 25 kilowatts, the board shall require the applicant to post a notice escrow with the board in an amount of $40 per kilowatt of DC nameplate capacity of the facility, not to exceed $40,000. The notice escrow amount shall be reimbursed to the applicant in full upon either denial of the application by the board or upon commencement of commercial operation of the solar electric power generation facility. The escrow amount shall be forfeited to the State if the facility is designated as connected to the distribution system pursuant to this subsection but does not commence commercial operation within two years following the date of the designation by the board.
For all applications for designation as connected to the distribution system of a solar electric power generation facility filed with the board after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the SREC term shall be 10 years.
(a) The board shall determine an appropriate period of no less than 120 days following the end of an energy year prior to which a provider or supplier must demonstrate compliance for that energy year with the annual renewable portfolio standard;
(b) No more than 24 months following the date of enactment of P.L.2012, c.24, the board shall complete a proceeding to investigate approaches to mitigate solar development volatility and prepare and submit, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report to the Legislature, detailing its findings and recommendations. As part of the proceeding, the board shall evaluate other techniques used nationally and internationally;
(c) The solar renewable portfolio standards requirements in this paragraph shall exempt those existing supply contracts which are effective prior to the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.) from any increase beyond the number of SRECs mandated by the solar renewable energy portfolio standards requirements that were in effect on the date that the providers executed their existing supply contracts. This limited exemption for providers' existing supply contracts shall not be construed to lower the Statewide solar sourcing requirements set forth in this paragraph. Such incremental requirements that would have otherwise been imposed on exempt providers shall be distributed over the providers not subject to the existing supply contract exemption until such time as existing supply contracts expire and all providers are subject to the new requirement in a manner that is competitively neutral among all providers and suppliers. Notwithstanding any rule or regulation to the contrary, the board shall recognize these new solar purchase obligations as a change required by operation of law and implement the provisions of this subsection in a manner so as to prevent any subsidies between suppliers and providers and to promote competition in the electricity supply industry.
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection, or compliance with the requirements of this subsection may be demonstrated to the board by suppliers or providers through the purchase of SRECs.
The renewable energy portfolio standards adopted by the board pursuant to paragraphs (1) and (2) of this subsection shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act."
The renewable energy portfolio standards adopted by the board pursuant to this paragraph shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 30 months after such filing, and shall, thereafter, be amended, adopted or readopted by the board in accordance with the "Administrative Procedure Act"; and
(4) within 180 days after the date of enactment of P.L.2010, c.57 (C.48:3-87.1 et al.), that the board establish an offshore wind renewable energy certificate program to require that a percentage of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from offshore wind energy in order to support at least 3,500 megawatts of generation from qualified offshore wind projects.
The percentage established by the board pursuant to this paragraph shall serve as an offset to the renewable energy portfolio standard established pursuant to paragraph (2) of this subsection and shall reduce the corresponding Class I renewable energy requirement.
The percentage established by the board pursuant to this paragraph shall reflect the projected OREC production of each qualified offshore wind project, approved by the board pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1), for 20 years from the commercial operation start date of the qualified offshore wind project which production projection and OREC purchase requirement, once approved by the board, shall not be subject to reduction.
An electric power supplier or basic generation service provider shall comply with the OREC program established pursuant to this paragraph through the purchase of offshore wind renewable energy certificates at a price and for the time period required by the board. In the event there are insufficient offshore wind renewable energy certificates available, the electric power supplier or basic generation service provider shall pay an offshore wind alternative compliance payment established by the board. Any offshore wind alternative compliance payments collected shall be refunded directly to the ratepayers by the electric public utilities.
The rules established by the board pursuant to this paragraph shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
e. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing:
(1) net metering standards for electric power suppliers and basic generation service providers. The standards shall require electric power suppliers and basic generation service providers to offer net metering at non-discriminatory rates to industrial, large commercial, residential and small commercial customers, as those customers are classified or defined by the board, that generate electricity, on the customer's side of the meter, using a Class I renewable energy source, for the net amount of electricity supplied by the electric power supplier or basic generation service provider over an annualized period. Systems of any sized capacity, as measured in watts, are eligible for net metering. If the amount of electricity generated by the customer-generator, plus any kilowatt hour credits held over from the previous billing periods, exceeds the electricity supplied by the electric power supplier or basic generation service provider, then the electric power supplier or basic generation service provider, as the case may be, shall credit the customer-generator for the excess kilowatt hours until the end of the annualized period at which point the customer-generator will be compensated for any remaining credits or, if the customer-generator chooses, credit the customer-generator on a real-time basis, at the electric power supplier's or basic generation service provider's avoided cost of wholesale power or the PJM electric power pool's real-time locational marginal pricing rate, adjusted for losses, for the respective zone in the PJM electric power pool. Alternatively, the customer-generator may execute a bilateral agreement with an electric power supplier or basic generation service provider for the sale and purchase of the customer-generator's excess generation. The customer-generator may be credited on a real-time basis, so long as the customer-generator follows applicable rules prescribed by the PJM electric power pool for its capacity requirements for the net amount of electricity supplied by the electric power supplier or basic generation service provider. The board may authorize an electric power supplier or basic generation service provider to cease offering net metering to customers that are not already net metered whenever the total rated generating capacity owned and operated by net metering customer-generators Statewide equals [5.8]15 percent of the total annual kilowatt-hours sold in this State by each electric power supplier and each basic generation service provider during the prior one-year period;
(2) safety and power quality interconnection standards for Class I renewable energy source systems used by a customer-generator that shall be eligible for net metering.
Such standards or rules shall take into consideration the goals of the New Jersey Energy Master Plan, applicable industry standards, and the standards of other states and the Institute of Electrical and Electronics Engineers. The board shall allow electric public utilities to recover the costs of any new net meters, upgraded net meters, system reinforcements or upgrades, and interconnection costs through either their regulated rates or from the net metering customer-generator;
(3) credit or other incentive rules for generators using Class I renewable energy generation systems that connect to New Jersey's electric public utilities' distribution system but who do not net meter; and
(4) net metering aggregation standards to require electric public utilities to provide net metering aggregation to single electric public utility customers that operate a solar electric power generation system installed at one of the customer's facilities or on property owned by the customer, provided that any such customer is a State entity, school district, county, county agency, county authority, municipality, municipal agency, or municipal authority. The standards shall provide that, in order to qualify for net metering aggregation, the customer must operate a solar electric power generation system using a net metering billing account, which system is located on property owned by the customer, provided that: (a) the property is not land that has been actively devoted to agricultural or horticultural use and that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.) at any time within the 10-year period prior to the effective date of P.L.2012, c.24, provided, however, that the municipal planning board of a municipality in which a solar electric power generation system is located may waive the requirement of this subparagraph (a), (b) the system is not an on-site generation facility, (c) all of the facilities of the single customer combined for the purpose of net metering aggregation are facilities owned or operated by the single customer and are located within its territorial jurisdiction except that all of the facilities of a State entity engaged in net metering aggregation shall be located within five miles of one another, and (d) all of those facilities are within the service territory of a single electric public utility and are all served by the same basic generation service provider or by the same electric power supplier. The standards shall provide that in order to qualify for net metering aggregation, the customer's solar electric power generation system shall be sized so that its annual generation does not exceed the combined metered annual energy usage of the qualified customer facilities, and the qualified customer facilities shall all be in the same customer rate class under the applicable electric public utility tariff. For the customer's facility or property on which the solar electric generation system is installed, the electricity generated from the customer's solar electric generation system shall be accounted for pursuant to the provisions of paragraph (1) of this subsection to provide that the electricity generated in excess of the electricity supplied by the electric power supplier or the basic generation service provider, as the case may be, for the customer's facility on which the solar electric generation system is installed, over the annualized period, is credited at the electric power supplier's or the basic generation service provider's avoided cost of wholesale power or the PJM electric power pool real-time locational marginal pricing rate. All electricity used by the customer's qualified facilities, with the exception of the facility or property on which the solar electric power generation system is installed, shall be billed at the full retail rate pursuant to the electric public utility tariff applicable to the customer class of the customer using the electricity. A customer may contract with a third party to operate a solar electric power generation system, for the purpose of net metering aggregation. Any contractual relationship entered into for operation of a solar electric power generation system related to net metering aggregation shall include contractual protections that provide for adequate performance and provision for construction and operation for the term of the contract, including any appropriate bonding or escrow requirements. Any incremental cost to an electric public utility for net metering aggregation shall be fully and timely recovered in a manner to be determined by the board. The board shall adopt net metering aggregation standards within 270 days after the effective date of P.L.2012, c.24.
Such rules shall require the board or its designee to issue a credit or other incentive to those generators that do not use a net meter but otherwise generate electricity derived from a Class I renewable energy source and to issue an enhanced credit or other incentive, including, but not limited to, a solar renewable energy credit, to those generators that generate electricity derived from solar technologies.
Such standards or rules shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the "Administrative Procedure Act."
f. The board may assess, by written order and after notice and opportunity for comment, a separate fee to cover the cost of implementing and overseeing an emission disclosure system or emission portfolio standard, which fee shall be assessed based on an electric power supplier's or basic generation service provider's share of the retail electricity supply market. The board shall not impose a fee for the cost of implementing and overseeing a greenhouse gas emissions portfolio standard adopted pursuant to paragraph (2) of subsection c. of this section.
g. The board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), an electric energy efficiency program in order to ensure investment in cost-effective energy efficiency measures, ensure universal access to energy efficiency measures, and serve the needs of low-income communities that shall require each electric public utility to implement energy efficiency measures that reduce electricity usage in the State pursuant to section 3 of P.L.2018, c.17 (C.48:3-87.9). Nothing in this subsection shall be construed to prevent an electric public utility from meeting the requirements of this subsection by contracting with another entity for the performance of the requirements.
h. The board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a gas energy efficiency program in order to ensure investment in cost-effective energy efficiency measures, ensure universal access to energy efficiency measures, and serve the needs of low-income communities that shall require each gas public utility to implement energy efficiency measures that reduce natural gas usage in the State pursuant to section 3 of P.L.2018, c.17 (C.48:3-87.9). Nothing in this subsection shall be construed to prevent a gas public utility from meeting the requirements of this subsection by contracting with another entity for the performance of the requirements.
i. After the board establishes a schedule of solar kilowatt-hour sale or purchase requirements pursuant to paragraph (3) of subsection d. of this section, the board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, increased minimum solar kilowatt-hour sale or purchase requirements, provided that the board shall not reduce previously established minimum solar kilowatt-hour sale or purchase requirements, or otherwise impose constraints that reduce the requirements by any means.
j. The board shall determine an appropriate level of solar alternative compliance payment, and permit each supplier or provider to submit an SACP to comply with the solar electric generation requirements of paragraph (3) of subsection d. of this section. The value of the SACP for each Energy Year, for Energy Years 2014 through [2033]2037 per megawatt hour from solar electric generation required pursuant to this section, shall be:
EY 2014 $339
EY 2015 $331
EY 2016 $323
EY 2017 $315
EY 2018 $308
EY 2019 $268
EY 2020 $258
EY 2021 [$248]$220.51
EY 2022 [$238]$188.49
EY 2023 [$228]$186.71
EY 2024 [$218]$170.77
EY 2025 [$208]$144.28
EY 2026 [$198]$138.82
EY 2027 [$188]$142.12
EY 2028 [$178]$135.96
EY 2029 [$168]$146.34
EY 2030 [$158]$113.68
EY 2031 [$148]$129.99
EY 2032 [$138]$128.28
EY 2033 [$128]$120
EY 2034$120
EY 2035$120
EY 2036$120
EY 2037$120 .
The board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, an increase in solar alternative compliance payments, provided that the board shall not reduce previously established levels of solar alternative compliance payments, nor shall the board provide relief from the obligation of payment of the SACP by the electric power suppliers or basic generation service providers in any form. Any SACP payments collected shall first be made available once a year in an auction format approved by the board to owners of solar electric generation facilities possessing unsold SRECs, and following the annual auction any remaining SACP payments shall be refunded directly to the ratepayers by the electric public utilities.
k. The board may allow electric public utilities to offer long-term contracts through a competitive process, direct electric public utility investment and other means of financing, including but not limited to loans, for the purchase of SRECs and the resale of SRECs to suppliers or providers or others, provided that after such contracts have been approved by the board, the board's approvals shall not be modified by subsequent board orders. If the board allows the offering of contracts pursuant to this subsection, the board may establish a process, after hearing, and opportunity for public comment, to provide that a designated segment of the contracts approved pursuant to this subsection shall be contracts involving solar electric power generation facility projects with a capacity of up to 250 kilowatts.
l. The board shall implement its responsibilities under the provisions of this section in such a manner as to:
(1) place greater reliance on competitive markets, with the explicit goal of encouraging and ensuring the emergence of new entrants that can foster innovations and price competition;
(2) maintain adequate regulatory authority over non-competitive public utility services;
(3) consider alternative forms of regulation in order to address changes in the technology and structure of electric public utilities;
(4) promote energy efficiency and Class I renewable energy market development, taking into consideration environmental benefits and market barriers;
(5) make energy services more affordable for low and moderate income customers;
(6) attempt to transform the renewable energy market into one that can move forward without subsidies from the State or public utilities;
(7) achieve the goals put forth under the renewable energy portfolio standards;
(8) promote the lowest cost to ratepayers; and
(9) allow all market segments to participate.
m. The board shall ensure the availability of financial incentives under its jurisdiction, including, but not limited to, long-term contracts, loans, SRECs, or other financial support, to ensure market diversity, competition, and appropriate coverage across all ratepayer segments, including, but not limited to, residential, commercial, industrial, non-profit, farms, schools, and public entity customers.
n. For projects which are owned, or directly invested in, by a public utility pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), the board shall determine the number of SRECs with which such projects shall be credited; and in determining such number the board shall ensure that the market for SRECs does not detrimentally affect the development of non-utility solar projects and shall consider how its determination may impact the ratepayers.
o. The board, in consultation with the Department of Environmental Protection, electric public utilities, the Division of Rate Counsel in, but not of, the Department of the Treasury, affected members of the solar energy industry, and relevant stakeholders, shall periodically consider increasing the renewable energy portfolio standards beyond the minimum amounts set forth in subsection d. of this section, taking into account the cost impacts and public benefits of such increases including, but not limited to:
(1) reductions in air pollution, water pollution, land disturbance, and greenhouse gas emissions;
(2) reductions in peak demand for electricity and natural gas, and the overall impact on the costs to customers of electricity and natural gas;
(3) increases in renewable energy development, manufacturing, investment, and job creation opportunities in this State; and
(4) reductions in State and national dependence on the use of fossil fuels.
p. Class I RECs and ORECs shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following two energy years. SRECs shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following four energy years.
q. (1) During the energy years of 2014, 2015, and 2016, a solar electric power generation facility project that is not: (a) net metered; (b) an on-site generation facility; (c) qualified for net metering aggregation; or (d) certified as being located on a brownfield, on an area of historic fill or on a properly closed sanitary landfill facility, as provided pursuant to subsection t. of this section may file an application with the board for approval of a designation pursuant to this subsection that the facility is connected to the distribution system. An application filed pursuant to this subsection shall include a notice escrow of $40,000 per megawatt of the proposed capacity of the facility. The board shall approve the designation if: the facility has filed a notice in writing with the board applying for designation pursuant to this subsection, together with the notice escrow; and the capacity of the facility, when added to the capacity of other facilities that have been previously approved for designation prior to the facility's filing under this subsection, does not exceed 80 megawatts in the aggregate for each year. The capacity of any one solar electric power supply project approved pursuant to this subsection shall not exceed 10 megawatts. No more than 90 days after its receipt of a completed application for designation pursuant to this subsection, the board shall approve, conditionally approve, or disapprove the application. The notice escrow shall be reimbursed to the facility in full upon either rejection by the board or the facility entering commercial operation, or shall be forfeited to the State if the facility is designated pursuant to this subsection but does not enter commercial operation pursuant to paragraph (2) of this subsection.
(2) If the proposed solar electric power generation facility does not commence commercial operations within two years following the date of the designation by the board pursuant to this subsection, the designation of the facility shall be deemed to be null and void, and the facility shall not be considered connected to the distribution system thereafter.
(3) Notwithstanding the provisions of paragraph (2) of this subsection, a solar electric power generation facility project that as of May 31, 2017 was designated as "connected to the distribution system," but failed to commence commercial operations as of that date, shall maintain that designation if it commences commercial operations by May 31, 2018.
r. (1) For all proposed solar electric power generation facility projects except for those solar electric power generation facility projects approved pursuant to subsection q. of this section, and for all projects proposed in energy year 2019 and energy year 2020, the board may approve projects for up to 50 megawatts annually in auctioned capacity in two auctions per year as long as the board is accepting applications. If the board approves projects for less than 50 megawatts in energy year 2019 or less than 50 megawatts in energy year 2020, the difference in each year shall be carried over into the successive energy year until 100 megawatts of auctioned capacity has been approved by the board pursuant to this subsection. A proposed solar electric power generation facility that is neither net metered nor an on-site generation facility, may be considered "connected to the distribution system" only upon designation as such by the board, after notice to the public and opportunity for public comment or hearing. A proposed solar power electric generation facility seeking board designation as "connected to the distribution system" shall submit an application to the board that includes for the proposed facility: the nameplate capacity; the estimated energy and number of SRECs to be produced and sold per year; the estimated annual rate impact on ratepayers; the estimated capacity of the generator as defined by PJM for sale in the PJM capacity market; the point of interconnection; the total project acreage and location; the current land use designation of the property; the type of solar technology to be used; and such other information as the board shall require.
(2) The board shall approve the designation of the proposed solar power electric generation facility as "connected to the distribution system" if the board determines that:
(a) the SRECs forecasted to be produced by the facility do not have a detrimental impact on the SREC market or on the appropriate development of solar power in the State;
(b) the approval of the designation of the proposed facility would not significantly impact the preservation of open space in this State;
(c) the impact of the designation on electric rates and economic development is beneficial; and
(d) there will be no impingement on the ability of an electric public utility to maintain its property and equipment in such a condition as to enable it to provide safe, adequate, and proper service to each of its customers.
(3) The board shall act within 90 days of its receipt of a completed application for designation of a solar power electric generation facility as "connected to the distribution system," to either approve, conditionally approve, or disapprove the application. If the proposed solar electric power generation facility does not commence commercial operations within two years following the date of the designation by the board pursuant to this subsection, the designation of the facility as "connected to the distribution system" shall be deemed to be null and void, and the facility shall thereafter be considered not "connected to the distribution system."
s. In addition to any other requirements of P.L.1999, c.23 or any other law, rule, regulation or order, a solar electric power generation facility that is not net metered or an on-site generation facility and which is located on land that has been actively devoted to agricultural or horticultural use that is valued, assessed, and taxed pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.) at any time within the 10-year period prior to the effective date of P.L.2012, c.24, shall only be considered "connected to the distribution system" if (1) the board approves the facility's designation pursuant to subsection q. of this section; or (2) (a) PJM issued a System Impact Study for the facility on or before June 30, 2011, (b) the facility files a notice with the board within 60 days of the effective date of P.L.2012, c.24, indicating its intent to qualify under this subsection, and (c) the facility has been approved as "connected to the distribution system" by the board. Nothing in this subsection shall limit the board's authority concerning the review and oversight of facilities, unless such facilities are exempt from such review as a result of having been approved pursuant to subsection q. of this section.
t. (1) No more than 180 days after the date of enactment of P.L.2012, c.24, the board shall, in consultation with the Department of Environmental Protection and the New Jersey Economic Development Authority, and, after notice and opportunity for public comment and public hearing, complete a proceeding to establish a program to provide SRECs to owners of solar electric power generation facility projects certified by the board, in consultation with the Department of Environmental Protection, as being located on a brownfield, on an area of historic fill or on a properly closed sanitary landfill facility, including those owned or operated by an electric public utility and approved pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1). Projects certified under this subsection shall be considered "connected to the distribution system", shall not require such designation by the board, and shall not be subject to board review required pursuant to subsections q. and r. of this section. Notwithstanding the provisions of section 3 of P.L.1999, c.23 (C.48:3-51) or any other law, rule, regulation, or order to the contrary, for projects certified under this subsection, the board shall establish a financial incentive that is designed to supplement the SRECs generated by the facility in order to cover the additional cost of constructing and operating a solar electric power generation facility on a brownfield, on an area of historic fill or on a properly closed sanitary landfill facility. Any financial benefit realized in relation to a project owned or operated by an electric public utility and approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), as a result of the provision of a financial incentive established by the board pursuant to this subsection, shall be credited to ratepayers. The issuance of SRECs for all solar electric power generation facility projects pursuant to this subsection shall be deemed "Board of Public Utilities financial assistance" as provided under section 1 of P.L.2009, c.89 (C.48:2-29.47).
(2) Notwithstanding the provisions of the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.) or any other law, rule, regulation, or order to the contrary, the board, in consultation with the Department of Environmental Protection, may find that a person who operates a solar electric power generation facility project that has commenced operation on or after the effective date of P.L.2012, c.24, which project is certified by the board, in consultation with the Department of Environmental Protection pursuant to paragraph (1) of this subsection, as being located on a brownfield for which a final remediation document has been issued, on an area of historic fill or on a properly closed sanitary landfill facility, which projects shall include, but not be limited to projects located on a brownfield for which a final remediation document has been issued, on an area of historic fill or on a properly closed sanitary landfill facility owned or operated by an electric public utility and approved pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), or a person who owns property acquired on or after the effective date of P.L.2012, c.24 on which such a solar electric power generation facility project is constructed and operated, shall not be liable for cleanup and removal costs to the Department of Environmental Protection or to any other person for the discharge of a hazardous substance provided that:
(a) the person acquired or leased the real property after the discharge of that hazardous substance at the real property;
(b) the person did not discharge the hazardous substance, is not in any way responsible for the hazardous substance, and is not a successor to the discharger or to any person in any way responsible for the hazardous substance or to anyone liable for cleanup and removal costs pursuant to section 8 of P.L.1976, c.141 (C.58:10-23.11g);
(c) the person, within 30 days after acquisition of the property, gave notice of the discharge to the Department of Environmental Protection in a manner the Department of Environmental Protection prescribes;
(d) the person does not disrupt or change, without prior written permission from the Department of Environmental Protection, any engineering or institutional control that is part of a remedial action for the contaminated site or any landfill closure or post-closure requirement;
(e) the person does not exacerbate the contamination at the property;
(f) the person does not interfere with any necessary remediation of the property;
(g) the person complies with any regulations and any permit the Department of Environmental Protection issues pursuant to section 19 of P.L.2009, c.60 (C.58:10C-19) or paragraph (2) of subsection a. of section 6 of P.L.1970, c.39 (C.13:1E-6);
(h) with respect to an area of historic fill, the person has demonstrated pursuant to a preliminary assessment and site investigation, that hazardous substances have not been discharged; and
(i) with respect to a properly closed sanitary landfill facility, no person who owns or controls the facility receives, has received, or will receive, with respect to such facility, any funds from any post-closure escrow account established pursuant to section 10 of P.L.1981, c.306 (C.13:1E-109) for the closure and monitoring of the facility.
Only the person who is liable to clean up and remove the contamination pursuant to section 8 of P.L.1976, c.141 (C.58:10-23.11g) and who does not have a defense to liability pursuant to subsection d. of that section shall be liable for cleanup and removal costs.
u. No more than 180 days after the date of enactment of P.L.2012, c.24, the board shall complete a proceeding to establish a registration program. The registration program shall require the owners of solar electric power generation facility projects connected to the distribution system to make periodic milestone filings with the board in a manner and at such times as determined by the board to provide full disclosure and transparency regarding the overall level of development and construction activity of those projects Statewide.
v. The issuance of SRECs for all solar electric power generation facility projects pursuant to this section, for projects connected to the distribution system with a capacity of one megawatt or greater, shall be deemed "Board of Public Utilities financial assistance" as provided pursuant to section 1 of P.L.2009, c.89 (C.48:2-29.47).
w. No more than 270 days after the date of enactment of P.L.2012, c.24, the board shall, after notice and opportunity for public comment and public hearing, complete a proceeding to consider whether to establish a program to provide, to owners of solar electric power generation facility projects certified by the board as being three megawatts or greater in capacity and being net metered, including facilities which are owned or operated by an electric public utility and approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), a financial incentive that is designed to supplement the SRECs generated by the facility to further the goal of improving the economic competitiveness of commercial and industrial customers taking power from such projects. If the board determines to establish such a program pursuant to this subsection, the board may establish a financial incentive to provide that the board shall issue one SREC for no less than every 750 kilowatt-hours of solar energy generated by the certified projects. Any financial benefit realized in relation to a project owned or operated by an electric public utility and approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), as a result of the provisions of a financial incentive established by the board pursuant to this subsection, shall be credited to ratepayers.
x. Solar electric power generation facility projects that are located on an existing or proposed commercial, retail, industrial, municipal, professional, recreational, transit, commuter, entertainment complex, multi-use, or mixed-use parking lot with a capacity to park 350 or more vehicles where the area to be utilized for the facility is paved, or an impervious surface may be owned or operated by an electric public utility and may be approved by the board pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1).
(cf: P.L.2018, c.17, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would amend provisions in current law concerning limits on costs to customers of the Class I renewable energy requirements, solar renewable energy portfolio standards, solar renewable energy certificates (SRECs), solar alternative compliance payments (SACPs), and net metering.
Under current law, the Board of Public Utilities (“board”) is required to ensure that the cost to customers of the Class I renewable energy requirement imposed pursuant to law does not exceed nine percent of the total paid for electricity by all customers in the State for energy year 2019, energy year 2020, and energy year 2021, respectively, and seven percent of the total paid for electricity by all customers in the State in any energy year thereafter. This bill would revise this cap on the cost to customers by establishing a schedule for energy year 2022 through energy year 2037. Under the schedule set forth in the bill, the cost to customers of the Class I renewable energy requirement imposed pursuant to law would not exceed nine percent of the total paid for electricity by all customers in the State for energy year 2021, and would decrease until energy year 2036 when it would not exceed five percent of the total paid for electricity by all customers in the State.
Current law provides that an electric power supplier or basic generation service provider may satisfy the Class I renewable energy requirements set forth in law by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection. Under this bill, an electric power supplier or basic generation service provider would also be able to satisfy the Class I renewable energy requirements by submitting a Class I alternative compliance payment in the amount of $10 for energy year 2021 through energy year 2037. Any Class I alternative compliance payment collected would be refunded directly to the ratepayers.
Under current law, electric power suppliers and basic generation service providers must provide a certain percentage of their electricity from solar electric power generators. The bill would revise the schedule set forth in P.L.2018, c.17. Beginning in energy year 2021, under this bill, electric power suppliers and basic generation service providers would be required to provide 5.25 percent, rather than 5.1 percent. In addition, instead of culminating in 5.1 percent in energy year 2021 and gradually decreasing thereafter until energy year 2023 as set forth in current law, this bill would establish the requirement through energy year 2037 when the required percentage would be 3.87 percent.
Under current law, the board is required to adopt rules and regulations no later than 180 days after the effective date of P.L.2018, c.17 to close the SREC program to new applications upon the attainment of 5.1 percent of the kilowatt-hours sold in the State by each electric power supplier and each basic generation service provider from solar electric power generators connected to the distribution system. The law further provides for the closing of the SREC program no later than June 1, 2021. This bill would delete these provisions requiring the closing of the SREC program.
In addition, current law requires the board to complete a study to evaluate how to modify or replace the SREC program in order to encourage the continued efficient and orderly development of solar renewable generating sources. This bill would delete these study requirements, except that under this bill, the board would still be required to complete a study to develop megawatt targets for grid connected and distribution systems, including residential and small commercial rooftop systems, community solar systems, and large scale behind the meter systems, as a share of the overall solar energy requirement.
Under current law, the board may authorize an electric power supplier or basic generation service provider to cease offering net metering to customers that are not already net metered whenever the total rated generating capacity owned and operated by net metering customer-generators Statewide equals 5.8 percent of the total annual kilowatt-hours sold in this State by each electric power supplier and each basic generation service provider during the prior one-year period. This bill would increase this threshold from 5.8 percent to 15 percent.
Lastly, the bill would revise provisions in current law regarding SACPS. Under this bill, for energy year 2021, the SACP would be reduced from $258 to $220.51. The bill would establish a revised schedule for SACP payments from energy year 2021 until energy year 2037 when the SACP would be $120. The bill also would provide that any SACP payments collected would first be made available once a year in an auction format approved by the board to owners of solar electric generation facilities possessing unsold SRECs, and following the annual auction any remaining SACP payments would be refunded directly to the ratepayers by the electric public utilities. Under current law, all SACP payments are refunded directly to the ratepayers by the electric public utilities.
DISCLAIMER: New Jersey SREC prices are volatile. Buyers and sellers of SRECs must do their own research. The above projections are subject to change as market dynamics change.
This past weekend Maryland Governor Larry Hogan did not veto the Clean Energy Jobs Act which is now law. It requires at least 50% of the electricity in Maryland be derived from Tier 1 renewable sources which are at least 14.5% in-state solar by year 2030. It provides an immediate stimulus for solar by increasing the demand in 2019 to 5.5% up from the old requirement of 1.95%
Big Win for Owners and Investors in MD Solar
This law is a boon for owners of existing solar in MD, new investors of solar and any of the associated businesses involved in the development of solar projects.
SRECs; Then and Now In MD
SREC’s are the primary funding sources for solar in MD. Flett Exchange has run a market for MD SRECs since July of 2009. At that time the goal was to obtain 2% solar by year 2022 and SREC prices on Flett Exchange were $370 for MD SRECS. During the last 10 years the price to install solar decreased significantly and the 2% goal in MD was achieved quicker than expected. The state legislature and governor in MD were unsuccessful in putting new solar growth targets into law for a few years. This resulted in a slow-down of new solar development and the prices for SRECs decreased in response. Prices for MD SRECs dropped below $30 in 2016 and traded under $10 until recently. Due to the anticipated and eventual passage of this Clean Energy Jobs Act SREC prices have moved up above $60 as of today. We provide historical pricing on our website for your reference based on our Flett Exchange Daily Settlement price. Current owners of Solar in MD are taking advantage right now and selling their SRECs as the prices rise on the Flett Exchange MD SREC spot market via immediate delivery and payment.
What’s Next for Solar in MD?
The major take-away of this new law is that it creates a strong, long-term goal for demand for SRECs which is what solar investors look for. As opposed to other states, it takes a well-balanced approach by protecting ratepayers by way of a lower compliance payment which starts at $100 and gradually decreases to $20.23 by year 2030. This is important in that solar investors want to be confident that the mandates are less likely not to be rolled back due to rate increases. The following is a table comparing the previous solar mandates to the new ones implemented via the Clean Energy Jobs Act:
Old Cost Cap
New Cost Cap
Year
Old % Solar
New % Solar
$150
$100
2019
1.95%
5.5%
$125
$100
2020
2.5%
6.0%
$100
$80
2021
2.5%
7.5%
$75
$60
2022
2.5%
8.5%
$60
$45
2023
2.5%
9.5%
$50
$40
2024
2.5%
10.5%
$50
$35
2025
2.5%
11.5%
$50
$30
2026
2.5%
12.5%
$50
$25
2027
2.5%
13.5%
$50
$25
2028
2.5%
14.5%
$50
$22.50
2029
2.5%
14.5%
$50
$20.235
2030
2.5%
14.5%
How do you Sell SRECs if you own Solar in MD?
Flett Exchange is celebrating a decade of servicing Maryland solar owners this summer! We look forward to the next ten years and assisting our current and all future Maryland Solar investors. We offer a do-it-yourself SREC service for those who don’t mind handling the GATS meter readings and transfers. If you sign up you gain access to our exchange 24x7 for immediate transfer and payment. For those who want a hassle-free full-service brokerage we offer Flett REC Manager. We will handle all of your meter readings, SREC minting in GATS and process your sales and payments immediately upon SREC creation. We are efficient at what we do so we have low fees to match. Our goal is to help you maximize your revenues on your solar investment! Sign up for either service on our website.
DISCLAIMER: Maryland SREC prices are volatile. Buyers and sellers of SRECs must do their own research. The above projections are subject to change as market dynamics change.
The Pennsylvania Senate introduced bill 600. This bill calls for an increase in both wind and solar in the State. Here are a few highlights:
Fixed Alternative Compliance Payments: ACP = the fine that has to be paid for failure to procure SRECs. The old ACP was 200% of the current price. The new ACP is more clear and protects ratepayers.
up to May 2021 - 200% of current price
June 2021 to May 2026 = $125
June 2026 to May 2030= $100
June 2030 to .......... $5 less per year and levels out at $45
RPS - The amount of solar required each year:
June 2021 to May 2022 .94%
June 2022 to May 2023 1.88%
June 2023 to May 2024 2.81%
June 2024 to May 2025 3.75%
June 2025 to May 2026 4.50%
June 2026 to May 2027 5.25%
June 2027 to May 2028 6.00%
June 2028 to May 2029 6.75%
June 2029 to May 2030 7.50%
PA SREC prices rallied in response to the introduction. We will update our customers as the bill changes and if it becomes law. The bill is shown below:
PRINTER'S NO.655
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
600
Session of
2019
INTRODUCED BY HAYWOOD, KILLION, SANTARSIERO, LEACH, FARNESE, HUGHES, SCHWANK, COSTA, COLLETT, FONTANA, TARTAGLIONE, KEARNEY, BLAKE, MUTH, STREET, A. WILLIAMS, SABATINA AND DINNIMAN, APRIL 29, 2019
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 29, 2019
AN ACT
Amending the act of November 30, 2004 (P.L.1672, No.213), entitled, "An act providing for the sale of electric energy generated from renewable and environmentally beneficial sources, for the acquisition of electric energy generated from renewable and environmentally beneficial sources by electric distribution and supply companies and for the powers and duties of the Pennsylvania Public Utility Commission," further providing for definitions and for alternative energy portfolio standards, providing for solar photovoltaic technology requirements, for contract requirements for solar photovoltaic energy system sources, for renewable energy storage report, for energy storage deployment targets and for contracts for solar photovoltaic technologies by Commonwealth agencies and further providing for portfolio requirements in other states; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.The definition of "reporting period" in section 2 of the act of November 30, 2004 (P.L.1672, No.213), known as the Alternative Energy Portfolio Standards Act, is amended and the section is amended by adding definitions to read:
Section 2.Definitions.
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
* * *
"Deploy" or "deployment."To install a renewable energy storage system through a variety of mechanisms, including utility procurement, customer installation methods or other processes.
* * *
"Renewable energy storage system."A commercially available technology, including, but not limited to, any electrochemical, thermal and electromechanical technology, that is capable of absorbing and storing electrical energy for a period of time for use at a later time, with all of the following characteristics:
(1)The system is co-located behind the meter with a Tier I alternative energy source or behind the point of interconnection of a Tier I alternative energy source.
(2)The system is owned or operated by any of the following:
(i)A customer-generator.
(ii)An electric generation supplier.
(iii)An electric distribution company.
(iv)A third party that is jointly owned by two or more entities specified under subparagraphs (i), (ii) and (iii).
(3)The system is able to demonstrate that the energy
the system discharges at all hours in a given reporting year comes from the storage of electrical energy produced by the co-located Tier I alternative energy source.
["Reporting period."] "Reporting period or reporting year."The 12-month period from June 1 through May 31. A reporting year shall be numbered according to the calendar year in which it begins and ends.
* * *
Section 2.Section 3(a)(3), (b), (f) and (g)(2) of the act are amended and the section is amended by adding a subsection to read:
Section 3.Alternative energy portfolio standards.
(a)General compliance and cost recovery.--
* * *
(3)All costs for:
(i)the purchase of electricity generated from alternative energy sources, including the costs of the regional transmission organization, in excess of the regional transmission organization real-time locational marginal pricing, or its successor, at the delivery point of the alternative energy source for the electrical production of the alternative energy sources; and
(ii)payments for alternative energy credits, in both cases that are voluntarily acquired by an electric distribution company during the cost recovery period on behalf of its customers shall be deferred as a regulatory asset by the electric distribution company and fully recovered, with a return on the unamortized balance, pursuant to an automatic energy adjustment clause under 66 Pa.C.S. § 1307 (relating to sliding scale of rates; adjustments) as a cost of generation supply under 66 Pa.C.S. § 2807 (relating to duties of electric distribution companies) in the first year after the expiration of its cost-recovery period. After the cost-recovery period, any direct or indirect costs for the purchase by electric distribution companies of resources to comply with this section, including, but not limited to, the purchase of electricity generated from alternative energy sources, payments for alternative energy credits, cost of credits banked, payments to any third party administrators for performance under this act and costs levied by a regional transmission organization to ensure that alternative energy sources are reliable, shall be recovered on a full and current basis pursuant to an automatic energy adjustment clause under 66 Pa.C.S. § 1307 as a cost of generation supply under 66 Pa.C.S. § 2807.
(b)Tier I and solar photovoltaic shares through the 15th reporting year.--
(1)Two years after the effective date of this act, at least 1.5% of the electric energy sold by an electric distribution company or electric generation supplier to retail electric customers in this Commonwealth shall be generated from Tier I alternative energy sources. Except as provided in this section, the minimum percentage of electric energy required to be sold to retail electric customers from alternative energy sources shall increase to 2% three years after the effective date of this act. The minimum percentage of electric energy required to be sold to retail electric customers from alternative energy sources shall increase by at least 0.5% each year so that at least 8% of the electric energy sold by an electric distribution company or electric generation supplier to retail electric customers in that certificated territory in the 15th reporting year after the effective date of this subsection is sold from Tier I alternative energy resources.
(2)[The] Through the 15th reporting year ending May 31, 2021, the total percentage of the electric energy sold by an electric distribution company or electric generation supplier to retail electric customers in this Commonwealth that must be sold from solar photovoltaic technologies is:
(i)0.0013% for June 1, 2006, through May 31, 2007.
(ii)0.0030% for June 1, 2007, through May 31, 2008.
(iii)0.0063% for June 1, 2008, through May 31, 2009.
(iv)0.0120% for June 1, 2009, through May 31, 2010.
(v)0.0203% for June 1, 2010, through May 31, 2011.
(vi)0.0325% for June 1, 2011, through May 31, 2012.
(vii)0.0510% for June 1, 2012, through May 31, 2013.
(viii)0.0840% for June 1, 2013, through May 31, 2014.
(ix)0.1440% for June 1, 2014, through May 31, 2015.
(x)0.2500% for June 1, 2015, through May 31, 2016.
(xi)0.2933% for June 1, 2016, through May 31, 2017.
(xii)0.3400% for June 1, 2017, through May 31, 2018.
(xiii)0.3900% for June 1, 2018, through May 31, 2019.
(xiv)0.4433% for June 1, 2019, through May 31, 2020.
(xv)0.5000% for June 1, 2020, [and thereafter.] through May 31, 2021.
(3)Upon commencement of the beginning of the 6th reporting year, the commission shall undertake a review of the compliance by electric distribution companies and electric generation suppliers with the requirements of this act. The review shall also include the status of alternative energy technologies within this Commonwealth and the capacity to add additional alternative energy resources. [The commission shall use the results of this review to recommend to the General Assembly additional compliance goals beyond year 15.] The commission shall work with the department in evaluating the future alternative energy resource potential.
(b.1) Tier I and solar photovoltaic shares beginning in the 16th reporting year.--
(1)Each electric distribution company and electric generation supplier shall purchase, at a minimum, an amount of Tier I alternative energy credits equal to the percentage of electric energy required to be sold by an electric distribution company or electric generation supplier to retail electric customers from Tier I alternative energy sources for that reporting year and as provided under this subsection. Beginning in the 16th reporting year commencing on June 1, 2021, the minimum percentage of electric energy required to be sold by an electric distribution company or electric generation supplier to retail electric customers in this Commonwealth from Tier I alternative energy sources for each reporting year is:
(i)10.444% for June 1, 2021, through May 31, 2022.
(ii)12.888% for June 1, 2022, through May 31, 2023.
(iii)15.332% for June 1, 2023, through May 31, 2024.
(iv)17.776% for June 1, 2024, through May 31, 2025.
(v)20.220% for June 1, 2025, through May 31, 2026.
(vi)22.664% for June 1, 2026, through May 31, 2027.
(vii)25.108% for June 1, 2027, through May 31, 2028.
(viii)27.552% for June 1, 2028, through May 31, 2029.
(ix) 30% for June 1, 2029, through May 31, 2030, and thereafter.
(2)(i) Beginning in the 16th reporting year commencing on June 1, 2021, the minimum percentage of the electric energy sold by an electric distribution company or electric generation supplier to retail electric customers in this Commonwealth that must be sold from solar photovoltaic technologies that are owned and operated by customer-generators is:
(A) 0.65% for June 1, 2021, through May 31, 2022.
(B)0.82% for June 1, 2022, through May 31, 2023.
(C) 0.98% for June 1, 2023, through May 31, 2024.
(D) 1.13% for June 1, 2024, through May 31, 2025.
(E) 1.30% for June 1, 2025, through May 31, 2026.
(F) 1.5% for June 1, 2026, through May 31, 2027.
(G) 1.78% for June 1, 2027, through May 31, 2028.
(H) 2.11% for June 1, 2028, through May 31, 2029.
(I) 2.5% for June 1, 2029, through May 31, 2030, and thereafter.
(ii) For purposes of the requirements under subparagraph (i), solar photovoltaic technologies that are owned and operated by customer-generators shall include any of the following:
(A) Solar photovoltaic technologies that were certified before or on May 31, 2021, under subsection (b)(2) and qualify to generate solar alternative energy credits in accordance with section 3.1.
(B) Solar photovoltaic technologies that qualify as customer-generators certified under subsection (b)(2).
(3) Beginning in the 16th reporting year commencing on June 1, 2021, and each reporting year thereafter, a solar photovoltaic system that is certified before or on May 31, 2021, provided the system meets the requirements under section 3.1, shall be included in the percentage of the required solar photovoltaic energy systems owned and operated by customer-generators under paragraph (2).
(4) A solar photovoltaic energy system owned and operated by a customer-generator in accordance with paragraph (2) shall remain eligible to receive solar alternative energy credits for no more than 15 years beginning on June 1, 2021, or 15 years beginning on the date of the solar photovoltaic energy system's certification if the certification occurs after June 1, 2021. Upon expiration of the 15-year period specified under this paragraph, the solar photovoltaic energy system shall be eligible for alternative energy credits provided for Tier I alternative energy sources under paragraph (1).
(5) Beginning in the 16th reporting year commencing on June 1, 2021, the minimum percentage of the electric energy sold by an electric distribution company or electric generation supplier to retail electric customers in this Commonwealth that must be sold from solar photovoltaic technologies from non-customer-generators is:
(i) 0.94% for June 1, 2021, through May 31, 2022.
(ii) 1.88% for June 1, 2022, through May 31, 2023.
(iii) 2.81% for June 1, 2023, through May 31, 2024.
(iv) 3.75% for June 1, 2024, through May 31, 2025.
(v) 4.50% for June 1, 2025, through May 31, 2026.
(vi) 5.25% for June 1, 2026, through May 31, 2027.
(vii) 6.00% for June 1, 2027, through May 31, 2028.
(viii) 6.75% for June 1, 2028, through May 31, 2029.
(ix) 7.5% for June 1, 2029, through May 31, 2030, and thereafter.
(6) No later than one year after the effective date of this subsection, the commission shall establish regulations to ensure diversification across all customer-generators under paragraph (2), including, but not limited to, solar photovoltaic systems that are interconnected at residential or commercial locations or customer-generators whose systems are for virtual meter aggregation.
(7) This subsection shall not apply to the certification of a solar photovoltaic energy system with a contract for the sale and purchase of alternative energy credits derived from solar photovoltaic energy sources entered into before or on May 31, 2021, provided that the system meets the requirements under section 3.1.
(8) This subsection shall apply to a contract for the sale and purchase of alternative energy credits derived from solar photovoltaic energy sources entered into or renewed for reporting years commencing after May 31, 2021.
* * *
(f)Alternative compliance payment.--
(1)At the end of each program reporting year, the program administrator shall provide a report to the commission and to each covered electric distribution company showing their status level of alternative energy acquisition.
(2)The commission shall conduct a review of each determination made under subsections (b), (b.1) and (c). If, after notice and hearing, the commission determines that an electric distribution company or electric generation supplier has failed to comply with subsections (b), (b.1) and (c), the commission shall impose an alternative compliance payment on that electric distribution company or electric generation supplier.
(3)[The] Through May 31, 2021, the alternative compliance payment, with the exception of the solar photovoltaic share compliance requirement set forth in subsection (b)(2), shall be $45 times the number of additional alternative energy credits needed in order to comply with subsection (b) or (c).
(4)[The] Through May 31, 2021, the alternative compliance payment for the solar photovoltaic share required under subsection (b)(2) shall be 200% of the average market value of solar renewable energy credits sold during the reporting period within the service region of the regional transmission organization, including, where applicable, the levelized up-front rebates received by sellers of solar [renewable] alternative energy credits in other jurisdictions in the PJM Interconnection, L.L.C. transmission organization (PJM) or its successor.
(4.1) Beginning June 1, 2021, the alternative compliance payment, with the exception of the customer-generator solar photovoltaic share compliance requirement specified under subsection (b.1)(2), shall be $45 multiplied by the number of additional alternative energy credits needed in order to comply with subsection (b.1) or (c).
(4.2) Beginning June 1, 2021, the alternative compliance payment for the customer-generator solar photovoltaic share compliance requirement specified under subsection (b.1)(2) shall be as follows:
(i)An amount equal to the product of $125 multiplied by the number of additional alternative energy credits required to comply with subsection (b.1)(2) from June 1, 2021, through May 31, 2026.
(ii)An amount equal to the product of $100 multiplied by the number of additional alternative energy credits required to comply with subsection (b.1)(2) from June 1, 2026, through May 31, 2030.
(iii)Beginning with the reporting year commencing on June 1, 2030, and each reporting year thereafter, the alternative compliance payment required for solar photovoltaic energy systems under subsection (b.1)(2) shall decrease by $5 from the previous reporting year until the alternative compliance payment is
$45.
(5)The commission shall establish a process to provide for, at least annually, a review of the alternative energy market within this Commonwealth and the service territories of the regional transmission organizations that manage the transmission system in any part of this Commonwealth. The commission will use the results of this study to identify any needed changes to the cost associated with the alternative compliance payment program. If the commission finds that the costs associated with the alternative compliance payment program must be changed, the commission shall present these findings to the General Assembly for legislative enactment.
(g)Transfer [to sustainable development funds] of alternative compliance payments.--
* * *
(2)The alternative compliance payments shall be utilized solely for [projects] any of the following:
(i)Projects that will increase the amount of electric energy generated from alternative energy resources for purposes of compliance with subsections (b), (b.1) and (c).
(ii)Workforce development programs to train workers in renewable energy industries.
* * *
Section 3.The act is amended by adding sections to read:
(a)System requirements.--Notwithstanding section 4, in order to qualify as an alternative energy source eligible to meet the solar photovoltaic share of the compliance requirements under section 3, a solar photovoltaic system must do one of the following:
(1) Directly deliver the electricity that the solar photovoltaic system generates to a retail customer of an electric distribution company or to the distribution system operated by an electric distribution company operating in this Commonwealth and currently obligated to meet the compliance requirements specified under section 3.
(2) Directly connect to the electric system of an electric cooperative or municipal electric system operating in this Commonwealth.
(3)Directly connect to the electric transmission system at a location within the service territory of an electric distribution company operating in this Commonwealth.
(b) Construction.--
(1) Nothing under this section or section 4 shall be construed to affect any of the following:
(i) A certification originating in this Commonwealth and granted before the effective date of this section of a solar photovoltaic energy generator as a qualifying alternative energy source eligible to meet the solar photovoltaic share of this Commonwealth's alternative energy portfolio compliance requirements under section 3.
(ii)A certification of a solar photovoltaic system with a binding written contract for the sale and purchase of alternative energy credits derived from solar photovoltaic energy sources entered into before October 30, 2017.
(2) This section shall apply to contracts entered into or renewed on or after October 30, 2017.
Section 3.2.Contract requirements for solar photovoltaic energy system sources.
(a)Low-cost procurement for non-customer-generators.--
(1) To assure the lowest-cost procurement, two-thirds of the annual total percentage requirement from solar photovoltaic sources as specified under section 3(b.1)(5) shall be procured through contracts of no less than 12 years and no more than 20 years for both energy and alternative energy credits required under this subsection. Energy procured to satisfy the requirements of this subsection may not be used to satisfy the procurement requirement under subsection (b).
(2) An electric distribution company with more than one million annual megawatt hours of retail load shall:
(i) procure energy and alternative energy credits based on the total electric energy sold to all customers in the electric distribution company's service territory, without regard to whether the supplier of the retail sales is the electric distribution company or an electric generation supplier;
(ii)issue annual requests for proposals for competitive long-term procurement of solar energy and alternative energy credits and enter into contracts in compliance with this subsection in accordance with regulations established by the commission; and
(iii)be entitled to a presumption of prudency and full cost recovery in distribution rates of payments for competitive procurements made under this subsection at a levelized price over the term of the contract of less than one-half of the applicable alternative compliance payment.
(3) For purposes of any true-up required under this subsection, the following apply:
(i) If contracts executed to meet the requirements of this section fail to deliver the quantities required in any given year, the electric distribution company shall procure alternative energy credits during the true-up period established under section 3(e)(5).
(ii) Electric generation suppliers in the territory of the electric distribution company shall not have an obligation to purchase alternative energy credits for the share of the requirements under this section and shall not be responsible for true-up or the payment of any penalty for failure to comply with this section.
(4) No later than December 1, 2020, the commission shall establish regulations to implement the requirements under this subsection and provide for the issuance and execution of the first competitive procurement contracts for the supply of alternative energy credits beginning with the reporting year commencing on June 1, 2021. The regulations shall address, but not be limited to, all of the following:
(i) Competitive contract procurement.
(ii) Alternative energy credit retirement.
(iii) Guidance on the prudency of proposed purchases, including a presumption of prudence if the annualized cost of alternative energy credits is less than one-half of the applicable alternative compliance payment.
(iv) Competitiveness review using standard industry practices to ensure that each solicitation is competitive and providing for the prompt re-issuance of a solicitation deemed to be uncompetitive.
(v) Cost recovery for electric distribution companies for prudent and competitive contracts.
(vi) Alternative energy credit true-up of procurement shortfalls in subsequent year contract procurements.
(b)Low-cost procurement for Tier I resources.--
(1)No later than December 1, 2020, the commission shall establish regulations providing for competitive procurement of at least one-sixth of the Tier I alternative energy required under section 3(b.1)(1), except for energy procuredunder subsection (a), under contracts with a term of no less than 10 years and no more than 15 years beginning with the reporting year commencing on June 1, 2021. The competitive procurements under this subsection shall result in contracts for both energy and alternative energy credits for Tier I alternative energy resources for the purpose of satisfying the requirements under section
(3)(b.1)(1). The requirements under this paragraph shall not apply to the solar photovoltaic share requirements under section 3(b.1)(2) or (5).
(2) In establishing regulations under paragraph (1), the commission shall collaborate with stakeholders, including, but not limited to, the department, energy generation suppliers, renewable energy developers and electric distribution companies, and determine the benefit to electric customers in this Commonwealth based on the following factors:
(i)The savings to electric customers resulting from the procurement of alternative energy credits under this section.
(ii) The preference for new generation resources with reduced emissions as determined by the department.
(iii) The parties to the contracts.
(iv) The design of the competitive procurement process.
(v) The terms to be included in the contracts based on commercial reasonableness for the parties to the contracts.
Section 3.3.Renewable energy storage report.
(a)Report.--No later than one year after the effective date of this section, the commission, in consultation with the PJM Interconnection, L.L.C. transmission organization (PJM) or its successor and stakeholders, including, but not limited to, third-party electric generation suppliers and electric utilities, shall conduct a renewable energy storage analysis and submit a report to the Governor and General Assembly concerning renewable energy storage needs and opportunities and costs and benefits in this Commonwealth.
(b)Contract.--The commission shall contract with an independent consultant selected through a competitive request for proposal process to produce the report under this section.
(c)Report.--At a minimum, the commission shall compile the report in the following manner:
(1)Use 2,000 megawatt hours of renewable energy storage as a benchmark target goal.
(2)Identify and measure the potential costs and benefits of deployment based on all of the following factors:
(i)Deferred investments in generation, transmission and distribution facilities.
(ii)Reduced ancillary services costs.
(iii)Reduced transmission and distribution congestion.
(iv)Reduced peak power costs and capacity costs.
(v)Reduced costs for emergency power supplies during outages.
(vi)Curtailment of nonrenewable energy generators to meet peak demand.
(vii)Reduced greenhouse gas emissions.
(3)Analyze and estimate all of the following:
(i)The ability to integrate renewable energy resources with energy storage systems.
(ii)The benefits of coupling the storage to meet peak demand.
(iii)The impact of renewable energy storage on grid reliability and power quality.
(iv)The impact on retail electric rates over the useful life of a renewable energy storage system compared to the same services using other facilities or resources.
(4)Consider whether the implementation of renewable electric energy storage systems would promote the use of electric vehicles in this Commonwealth and the potential impact on renewable energy production in this Commonwealth.
(5)Analyze the types of renewable energy storage technologies currently being implemented in this Commonwealth and other states.
(6)Consider the benefits and costs to retail electric customers in this Commonwealth, political subdivisions and electric public utilities associated with the development and implementation of additional renewable energy storage technologies.
(7)Determine the optimal amount of renewable energy storage that should be added in this Commonwealth during the next five years to provide the maximum benefit to retail electric customers in this Commonwealth.
(8)Determine the optimum points of entry into the electric distribution system for distributed energy resources.
(9)Calculate the cost to retail electric customers in this Commonwealth of adding the optimal amount of renewable energy storage.
Section 3.4.Energy storage deployment targets.
(a)Determination.--No later than 90 days after completion of the report under section 3.3, the commission shall determine appropriate energy storage deployment targets that each electric distribution company needs to achieve by December 31, 2025, including any interim targets. In making the determination, the commissionshall consider all of the following:
(1)The contents of the report under section 3.3.
(2)Adopting specific subcategories of deployment by point of interconnection.
(3)Adopting requirements or processes for all of the following:
(i)The competitive deployment of energy storage services from third parties.
(ii)The direct purchase of storage devices.
(4)Appropriate accountability mechanisms, includingreporting requirements, for investor-owned electric utilities to procure energy storage in sufficient quantities to meet the targets established by the commission.
(5)If advised by the report under section 3.3, creating a renewable peak standard that would set targets for meeting peak demand with renewable energy co-located with storage, including all of the following:
(i)Demand response technology or energy storage that is paired solely with a Tier I alternative energy source that generates, dispatches or discharges energy to an electric distribution system during seasonal peak periods as determined by the commission or reduce load on the system.
(ii)Renewable energy storage systems that can be co-located with the Tier I alternative energy sources or paired virtually, as long as the storage facility is within the boundaries of the same electric distribution company's service territory and specifically located to reduce peak demand.
(b) Definitions.--As used in this section, the term "procure" shall mean to acquire by ownership a renewable energy storage system or a contractual right to use the energy from, or the capacity of, a renewable energy storage system.
Section 3.5. Contracts for solar photovoltaic technologies by Commonwealth agencies.
(a)Public works.--Except as provided under subsection (b), a Commonwealth agency shall require that a contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works contain a provision that, if any solar photovoltaic technologies to be used or supplied in the performance of the contract, only solar photovoltaic technologies manufactured in the United States shall be used or supplied in the performance of the contract or any subcontracts under the contract.
(b) Exception.--The requirement under subsection (a) shall not apply if the head of the Commonwealth agency, in writing, determines that the solar photovoltaic technologies are not manufactured in the United States in sufficient quantities to meet the requirements of the contract.
(c)Definitions.--As used in this section, the term "public work" shall have the same meaning given to it in section 2(5) of the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act.
Section 4.Section 4 of the act is amended to read:
Section 4.Portfolio requirements in other states.
If an electric distribution [supplier] company or electric generation [company] supplier provider sells electricity in any other state and is subject to [renewable] alternative energy portfolio requirements in that state, they shall list any such requirement and shall indicate how it satisfied those [renewable] alternative energy portfolio requirements. To prevent double-counting, the electric distribution [supplier] company or electric generation [company] supplier shall not satisfy Pennsylvania's alternative energy portfolio requirements using alternative energy used to satisfy another state's portfolio requirements or alternative energy credits already purchased by individuals, businesses or government bodies that do not have a compliance obligation under this act unless the individual, business or government body sells those credits to the electric distribution company or electric generation supplier. Energy derived from alternative energy sources inside the geographical boundaries of this Commonwealth shall be eligible to meet the compliance requirements under this act. Energy derived from alternative energy sources located outside the geographical boundaries of this Commonwealth but within the service territory of a regional transmission organization that manages the transmission system in any part of this Commonwealth shall only be eligible to meet the compliance requirements of electric distribution companies or electric generation suppliers located within the service territory of the same regional transmission organization. For purposes of compliance with this act, alternative energy sources located in the PJM Interconnection, L.L.C. regional transmission organization (PJM) or its successor service territory shall be eligible to fulfill compliance obligations of all Pennsylvania electric distribution companies and electric generation suppliers. Energy derived from alternative energy sources located outside the service territory of a regional transmission organization that manages the transmission system in any part of this Commonwealth shall not be eligible to meet the compliance requirements of this act. Electric distribution companies and electric generation suppliers shall document that this energy was not used to satisfy another state's [renewable] alternative energy portfolio standards.
Section 5.Repeals are as follows:
(1)The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the addition of section 3.1 of the act.
(2)Section 2804 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, is repealed.
Section 6.This act shall take effect immediately.
DISCLAIMER: Pennsylvania SREC prices are volatile. Buyers and sellers of SRECs must do their own research. The above projections are subject to change as market dynamics change.
The Maryland House passed renewable energy legislation that was passed by the senate in March. It now moves to Governor Larry Hogans' desk to be signed into law.
It calls for a 50% RPS with a 14.5% solar carve-out.
DISCLAIMER: Maryland SREC prices are volatile. Buyers and sellers of SRECs must do their own research. The above projections are subject to change as market dynamics change.
Pennsylvania Nuclear Bailout Bill Could Help PA Solar
Pennsylvania lawmakers are crafting a bill that would provide subsidies to keep nuclear plants open. The nuclear plants are not able to cover expenses because power prices on the wholesale market have dropped over the past few years. This is due to the large amount of natural gas brought to market. Cheap gas has already caused the mass closure of Coal plants in areas of the country.
The closure of the Nuclear plants will be devastating because they provide Co2 free electricity. 5 nuclear plants provide 42% of Pennsylvania electricity.
It is expected that the Nuclear bill will include increased incentives for renewable energy. This happened in New Jersey in May 2018.
Depending upon the details of the bill, solar owners may see their SREC prices rise. The article in the Pocono Record gives some details.
DISCLAIMER: Pennsylvania SREC prices are volatile. Buyers and sellers of SRECs must do their own research. The above projections are subject to change as market dynamics change.
The Clean Energy Act, signed by Governor Murphy on May 23, 2018, included the following provision:
“For all applications for designation as connected to the distribution system of a solar electric power generation facility filed with the board after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.) the SREC term shall be 10 years.” L. 2018, c. 17, §2(d)(3).
At its agenda meeting earlier today, the New Jersey Board of Public Utilities clarified the language above as follows:
• SRP REGISTRATIONS SUBMITTED IN THE ONLINE PORTAL ON OR BEFORE TODAY’S DEADLINE1 AND DEEMED COMPLETE WILL RECEIVE A 15-YEAR SREC QUALIFICATION LIFE.
• SRP REGISTRATIONS SUBMITTED IN THE ONLINE PORTAL AFTER TODAY’S DEADLINE WILL RECEIVE A 10-YEAR SREC QUALIFICATION LIFE.
• APPLICATIONS RECEIVED BY THE BOARD FOR CONDITIONAL CERTIFICATION PURSUANT TO SUBSECTION T PRIOR TO TODAY’S DEADLINE THAT FULFILL ALL CONDITIONS ESTABLISHED BY THE BOARD SHALL RECEIVE A 15-YEAR SREC QUALIFICATION LIFE.
1 The “Deadline” is defined as 11:59:59 PM EST on October 29, 2018
Additional details are as follows:
SRP Eligibility Process
To qualify for a 15-year SREC qualification life, a registration must be submitted in the online portal (http://njcepsolar.programprocessing.com/) under the status Application Received on or before 11:59:59 PM EST on October 29, 2018 (Deadline), and:
1. Contain all the items and information identified on the SRP Checklist required to be deemed complete, or
2. Within two weeks of an email from the Program Manager/Administrator to the registrant identifying one or more minor deficiencies with the registration, successfully resolve those minor deficiencies. a. If the minor deficiencies are not successfully resolved within two weeks from the date of the email, the registration will be rejected and the registrant would be required to resubmit a new registration packet.
For the avoidance of doubt:
A. Any registrations submitted after today’s Deadline will only be eligible for a 10-year SREC qualification life.
B. Any registration submitted in the online portal under the status Application Received on or before the Deadline, but that is determined to be incomplete due to a major deficiency, will be rejected and if resubmitted after the deadline will only be eligible for a 10-year SREC qualification life.
C. Any registration submitted in the online portal under the status Application Received on or before the Deadline, but that is determined to be incomplete due to a minor deficiency, will have two weeks to successfully resolve the minor deficiencies to remain eligible for a 15-year SREC qualification life.
D. Registrations having the status Pending Uploads as of the Deadline will not be considered submitted in the online portal and therefore will not be eligible for a 15-year SREC qualification life.
For information regarding the definition of Major/Minor Deficiencies, please see:
The DC market has been on a downward trend, moving against fundamentals based on the new RPS. However due to the grandfathering of the old DC renewable portfolio standard (RPS) buyers are not obligated to pay over $300 per SREC for some of their obligations. We are seeing just that happen now, lower SREC payments. It is unknown to how much of a supply the buyers have covered at the upper, new, RPS, level vs the old.
The normal reaction, in a quickly dropping SREC market, of a SREC seller is to hold. We've witnessed this in the OH, PA, NJ and MD markets and in most cases (except for NJ due to they passed legislation to correct/re-tune the RPS) it does not work. Holding in this situation creates a potential glut of SRECs for the next energy year, the carry over of unsold SRECs, and will push pricing even lower. New SREC sellers are calculated in at a lower SREC price and will be willing to sell at the new lower levels.
Kevin Flett
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
In May 2018 New Jersey AB 3723 was passed which instituted major changes to the New Jersey solar incentive market revolving around SRECs.
History:
New Jersey was one of the early leaders in providing ratepayer incentives through SRECs to solar owners. Flett Exchange launched its’ New Jersey SREC market in June of 2007 to help facilitate an open and competitive market. The SREC program was created to provide a long-term 15 year pay-back as opposed to the large up-front incentive program that existed in New Jersey. Solar installation costs dropped quicker than expected during the last decade. As of the fall of 2018 New Jersey has close to 100,000 solar installations and produces over 3% of its electricity from solar. A major market reform was instituted in 2012 which increased demand for solar. This increase in demand averted a collapse in in SREC prices which kept solar investors whole and provided demand for a few more years of new solar development which satisfied solar developers. This same change slashed the cost cap by more than 50% to protect ratepayers. By 2016 it was apparent that once again costs to install new solar dropped quicker than expected. AB 3723 was passed in May 2018.
AB 3723 major changes:
Closes the current SREC program to new applicants by June 2021
Mathematically attempts to close the SREC program by timing the curtailment of supply of new solar while increasing demand at the same time thus “pinning” high SREC prices for the next 10 – 15 years.
Adds a 7% cost cap by 2022 that is complicated/impossible to model and relies on BPU action and will most likely not kick in for years. The cost cap favors the wind development portion of the RPS by protecting it from this cap. The solar portion will be most likely be ratcheted down through reduced solar compliance costs.
(Plain English: Bail-out legislation for current solar owners (Attempts to keep SREC prices above $200 for years) that at the same time gives solar developers 2 to 3 years to cash in on projects before a new incentive program is created. Ratepayers who pay for it will never understand it which limits/reduces political risk for passing it. Provides for costs shifting 5+ years out from solar compliance to wind compliance thus potentially reducing SREC prices at that time)
Price Projection and Risks for Sellers of New Jersey SRECs:
AB 3723 prevented the New Jersey SREC market from a collapse which was inevitable by 2019-2021 due to the pace of solar development in New Jersey which was significantly more than what the legislation called for. In all SREC markets that experienced similar events – PA, MD, OH, SREC prices dropped to $10 or less for years. It appears that SREC prices will remain at the $180 to $250 range for the next 3 to 5 years (2018 to 2020/22) Analysis for prices and hedging strategies going out 3+ years are available to our registered and active customers.
DISCLAIMER: New Jersey SREC prices are volatile. Buyers and sellers of SRECs must do their own research. The above projections are subject to change as market dynamics change.
On April 19, 2018, the Pennsylvania Public Utility Commission published its interpretation of Act 40 of 2017 signed by Governor Tom Wolf on October 30th 2017 in regards to the compliance eligibility of out of state solar facilities SRECs in the Pennsylvania market. The commission ruled that unless an out of state solar facility has a binding contract for their SRECs with a renewable portfolio standard (RPS) buyer prior to October 30th 2017 the out of state solar facility will no longer have PA state certification on their SRECs after October 30th 2017. The SRECs generated (month of generation) prior to October 30th 2017 from an out of state solar facility will retain their PA state certification and the SRECs remain eligible for the full 3 compliance years. RPS buyers that have a contracted with an out of state facility prior to the October 30th 2017 date have 60 days to petition for qualification with AEPS.
Flett Exchange intends to clear all eligible PA certified SRECs. Out of state PA certified solar facilities intending to sell must contact us and supply proof of certification (CSV file from PJM-EIS of intended inventory to sell) for verification.
PENNSYLVANIA PUBLIC UTILITY COMMISSION HARRISBURG, PENNSYLVANIA 17105-3265
Implementationof Act 40 of 2017
Public Meeting held April 19, 2018 2631527-LAW
Docket No. M-2017-2631527
JOINT MOTION OF CHAIRMAN GLADYS M. BROWN &VICE CHAIRMAN ANDREW G. PLACE
Before the Commission is the Final Implementation Order (Implementation Order) regarding Act 40 of 2017. Act 40, signed by Governor Tom Wolf on October 30, 2017, inter alia, amends the qualifications to certify Tier I solar photovoltaic share facilities under Pennsylvania's Alternative Energy Portfolio Standards (AEPS) Act. Numerous comments were filedin responsetotheTentativeImplementationOrder(TIO)adoptedonDecember 21,2017,in addition to the Supplemental Interpretation the Vice Chairman and I offered in our Joint Statement. These comments have provided helpful guidance, specifically regarding legislative intent,forourdeliberationsin thisproceeding;therefore,wethankallofthosewhotookthetime to help inform the record. Today, the Commission issues this Final Implementation Order to guide the AEPS marketplace toward compliance with Act40.
The core issues in this proceeding are the Commission's interpretations of Sections 2804(2)(i) and 2804(2)(ii). These read:
(2)Nothingunderthissectionorsection4ofthe"AlternativeEnergy Portfolio Standards Act" shall affect any of thefollowing:
(i)A certification originating within the geographical boundaries of this Commonwealth granted prior to the effective date of this section of a solar photovoltaic energy generator as a qualifying alternative energy source eligible to meet the solar photovoltaic share of this Commonwealth's alternativeenergyportfoliocompliancerequirementsunderthe"Alternative Energy Portfolio StandardsAct."
(ii)Certification of a solar photovoltaic system with a binding written contractforthesaleandpurchaseofalternativeenergycreditsderivedfrom solar photovoltaic energy sources entered into prior to the effective date of thissection.
Interpretation of these sections has been challenging for the Commission, particularly because the verbiage in Section 2804(2)(i) is not precise. The question here is whether or not this statute is intended to 'grandfather' out-of-state facilities certified before October 30, 2017, to generate
Tier I Solar credits. Given this lack of clarity, we issued a Joint Statement in conjunction with adoption of the TIO offering supplemental statutory interpretations to spur comments in an effort to inform the record.1
The Office of Consumer Advocate (OCA) succinctly states the challenge in interpreting Section 2804(2)(i) of Act 40.
The OCA submits that the language as written in Act 40 is unclear and the OCA is unable to discern the intent of the section as written. 2
Likewise, the comments of Citizens for Pennsylvania's Future (PennFuture) share similar sentiments as OCA, stating:
Section 2804(2)(i) of Act 40 is ambiguous in regard to how and when the qualification of a facility as an alternative energy generator originates.3
We too agree that the language of Section 2804(2)(i) is unclear. Consequently, we are obligated, under the rules of statutory construction, to ascertain the intent of the General Assembly. The Rules of Statutory Construction at 1 Pa. C.S. § 1921(b) provide that:
When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.
Since, as the OCA and PennFuture point out, the verbiage here is unclear, we must now refer to 1 Pa. C.S. § 1921(c) which provides:
When the words of a statute are not explicit, the intention of the General Assembly may be ascertained by considering, among other matters:
The comments filed in response to the TIO have proven instructive in regard to why the General Assembly drafted this legislation, why the Governor signed it into law, and the mischief to be remedied.
1 Joint Statement of Chairman Gladys M. Brown and Vice Chairman Andrew G. Place entered December 21, 2017 at the instant Docket.
2 Comments ofOCA at page 5 filed February 5, 2018.
3 Comments of PennFuture at page I filed January 18, 2018.
Comments filed by Governor Tom Wolf, Senators Mario M. Scavello, Tom Killion, John
T. Yudichak, Jay Costa, John M. DiSanto, Steward J. Greenleaf, David G. Argall, Wayne D. Fontana, Guy Reschenthaler, and Representatives Michael B. Carroll, Eric M. Roe, Ronald S. Marsico, and Sue Helm are particularly insightful. As lawmakers who effectuated Act 40, these commenters are uniquely qualified to provide the Conunission with information regarding the intent of the statute. Each of the comments provided by lawmakers states that their intent to 'close the borders' for Tier I solar credit qualifications was consistent with the design utilized by a number of our neighboring states to promote economic development. This interpretation is consistent with the supplemental interpretation provided in our Joint Statement and contrary to the proposal of the Conunission in its TIO. Senators Jay Costa and John T. Yudichak descriptively summarize the sentiments and intentions of these lawmakers, stating the following:
The Commission's proposed interpretation under the Tentative Implementation Order published in the Pennsylvania Bulletin on January 6, 2018, would "grandfather" systems that are certified in Pennsylvania, rather than physically located in this state. We must respectfully disagree with this interpretation, which we find counter to the intentions of the General Assembly and especially of our colleagues who supported and voted in favor of this legislation.
Instead, the joint statement submitted by Chairperson Gladys M Brown and Vice Chairperson Andrew G. Place better reflects our intentions in approving this legislation. Please know that legislation to "close our solar borders" for the purposes of satisfying the Alternative Energy Standards Portfolio Act has been considered in recent sessions and discussions have been exclusive to the physical locations of systems.
While we certainly recognize the potential need to address and honor existing contracts, the long-term and primary goals set forth by this legislation have been clear. Specifically, we seek to join our neighboring states that similarly have "closed solar borders" and to advance our commitment to promoting economic and job growth within Pennsylvania's solar energy industry.4
In further support of interpreting Sections 2804(2)(i) and 2804(2)(ii) consistent with our Joint Statement, the Department of Environmental Protection (DEP) states that the intention of this provision was to provide certainty that solar photovoltaic energy facilities located within the Commonwealth would not be affected by the changes implemented elsewhere in Act 40.5 DEP also submits that the interpretation outlined in the TIO would essentially nullify the purpose of Act 40 by grandfathering enough currently-certified sources to prevent the law from having any environmental or other co-benefit whatsoever. Comments from the Pennsylvania Farm Bureau also echo this sentiment, stating that TIO interpretation would limit farmers' options for compliance with ever-increasing environmental protection standards.6
4 Comments of Senator John T. Yndichak and Senator Jay Costa filed on February 2, 2018.
5 Joint comments of the DEP and Governor Tom Wolf (DEP section at page 1) filed February 5, 2018.
6 Comments of the Pennsylvania Fann Bureau submitted February 5, 2018.
Further, ET Capital Solar Partners submits that the Commission's tentative interpretation of Section 2804(2)(i) would make the additional language of Section 2804(2)(ii) redundant.7 ET Capital Solar Partners states that if the legislative intent of Section 2804(2)(i) follows the Commission's tentative interpretation, there would be no need for the additional language of Section 2804(2)(ii) to further protect existing facilities that have entered into agreements with Pennsylvania electric-distribution companies (EDCs) and electric generation suppliers (EGSs) participating in the Pennsylvania markets. Therefore, ET Capital Solar Partners contends that the language of Section 2804(2)(ii) is further evidence that the legislative intent of Act 40 of2017 is to stimulate further investment in solar facilities within the Commonwealth. Again, the rules of statutory construction are guiding here. 1 Pa. C.S. § 1922(2) states the following:
In ascertaining the intention of the General Assembly in the enactment of a statute the following presumptions, among others, may be used:
(2) That the General Assembly intends the entire statute to be effective and certain.
Case law further clarifies the interpretation of this provision, stating that the General Assembly does not intend words to be "mere surplusage." 8
When reviewing the totality of comments described above, it becomes evident that Sections 2804(1)(i), 2804(1)(ii), and 2804(1)(iii) explicitly describe the qualifications for Tier I Solar facilities after passage of Act 40; Section 2804(2)(i) clarifies that all Tier I Solar facilities certified before passage of Act 40 that are located within the geographic boundaries of Pennsylvania are to be held harmless from this legislation; and Section 2804(2)(ii) enjoins the legislation from breaching existing contracts from out-of-state Tier I Solar facilities which were entered into before passage to serve the AEPS needs of Pennsylvania entities. Therefore, we believe we must support the adoption of our interpretations of Sections 2804(2)(i) and 2804(2)(ii) in a manner consistent with our Joint Statement to the TIO. These interpretations are as follows:
Sections 2804(2)(i) - We interpret the phrase "[a] certification originating within the geographicalboundariesofthisCommonwealth..."asafacilitylocatedwithinPennsylvania havingreceivedanAEPsTierIsolarphotovoltaic sharecertification.
2804(2)(ii)- We interpret this section to only permit out-of-state facilities that are (a) alreadycertifiedasAEPSTierISolarPhotovoltaicandthat(b)haveenteredintoacontractwith a Pennsylvania EDC or EGS serving Pennsylvania customers, for the sale of solar credits, to maintain certification until the expiration of the contract. We further wish to clarify that, consistentwiththecommentsprovidedbyETCapital SolarPartners,thismaintained
7 Comments of ET Solar Capital Partners submitted January 17, 2018.
8 Thomas Jefferson University Hospitals, Inc. v. Pa. Department of Labor and Industry, 162 A.3d 384, 393 (Pa.
2017), see also Holland v. March, 883 A.2d 449, 455-56 (Pa. 2005); Green Acres Contracting Comp. v. Commonwealth, 163 A.3d 1147 (Pa. Cmwlth. 2017) and Pa. State Police, Bureau of Liquor Control Enforcement v. Legion Post 304 Home Assoc., 164 A.3d 612,619 (Pa. Cmwlth. 2017) (holding that the rules of statutory constructionrequirethatcourts,wheneverpossible,giveeachwordinastatutorysectionmeaningandnottreatany word as surplusage).
certification should only be applicable to the amount of credits contractually committed to by an out-of-state certified facility to an EDC or EGS.9 EDCs and EGSs seeking to qualify credits under this provision are required to file a Petition within 60 days of the entry date of this order. Procedures for the 2804(2)(ii) contract approval process will be provided by the Commission at this docket.
Given this interpretation, we are also required to provide implementation procedures associated with banked credits. The AEPS Act permits EDCs and EGSs to bank, or place in reserve, credits produced in one reporting year for compliance in the next two reporting years.10 Implementation procedures are necessary to address handling of a credit generated by an out-of state Tier I solar qualified facility before October 30, 2017, and not retired in PJM's Generation Attribute Tracking System before October 30, 2017. Since Act 40 omits any directive expressly empowering the Commission to modify the attributes of such credits, we believe that these credits should retain the tier attribute assigned at the time the credit was generated. To do otherwise would appear to modify the legal status, or tier attribute, of a credit without explicit statutory authority. The Statutory Construction Act does not presume retroactive effect of statutes. 1 Pa. C.S. § 1926 provides:
No statute shall be construed to be retroactive unless clearly and manifestly so intended by the General Assembly.
Further, the Commonwealth Court case provides guidance here when it determined the following:
A retroactive law is one which relates back to and gives a previous transaction a legal effect different.from that which it had under the law in effect when it transpired. This Court has held that "[a} law is given retroactive effect when it is used to impose new legal burdens on a past transaction or occurrence. " R & P Services, Inc. v. Commonwealth, Department of Revenue, 541 A.2d 432, 434
Therefore, given Act 40's omission of any directive to change the attribute of these banked credits, we submit that any out-of-state Tier I solar credit generated before October 30, 2017, should retain its Tier I solar attribute for the banking life span enumerated in AEPS. This interpretation is supported by the comments of the Retail Energy Supply Association, who states that EGSs may elect to procure varying vintage credits for use in future years in accordance with the prevailing banking rules, thus, the ability to rely on banked credits is an important component necessary for EGSs to effectively manage and satisfy their AEPS Act obligations.12
9 For purposes of implementation, any alteration, such as a change, update, or extension to a contract applicable
under this provision, and, entered into after October 30, 2017, would not be recognized under 2804(2)(i).
10 The Alternative Energy Portfolio Standards Act of 2004, 73 P.S. §§ 1648.3(e)(6)
ll Kuziakv. Borough of Danville, 125 A.3d470 (Pa. Cmwlth. 2015).
12 Comments of the Retail Energy Supply Association at 7.
In conclusion, we submit that the interpretations provided herein are necessarily required by this Commission consistent with the rules of statutory construction enumerated supra and also consistent with 1 Pa. C.S. § 1921(a), which provides that:
The object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be construed, if possible, to give effect to all its provisions.
With this Order we begin the process of implementing Act 40, while recognizing that there are complexities in implementing and complying with the Act that may reveal issues which require further Commission action. The Commission will address any such issues, at this docket, and in a manner that provides all interested parties appropriate notice and opportunity to be heard.
THEREFORE, WE MOVE THAT:
(1)ElectricDistributionCompaniesandElectricGenerationSuppliers seeking to qualify credits under Section 2804(2)(ii) of Act 40 are requiredtofileaPetitionwithinsixty(60)daysoftheentrydateof thisorder,thespecificprocedures forwhichwillbeoutlinedatthis docket
(2)TheLawBureauandtheBureauofTechnicalUtilityServicesprepare a Final Implementation Order consistent with thisMotion.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The following is a write-up by Michael Flett – President of Flett Exchange, LLC in response to the passage of A-3723 in the New Jersey legislature and now on the desk of Governor Murphy to sign into law.
Renewable energy in America affects everyone today. The societal benefits are obvious - less pollution and infinite energy. In New Jersey, solar energy production is subsidized by the public either as a taxpayer through federal or state incentives or as a regular electricity consumer. They need to be part of the conversation.
Where is the support for this bill?
Due to the widespread benefits and costs one would assume that when crafting solar legislation it would include any and all stakeholders. That was not the case here in New Jersey where a renewable energy bill was quietly folded into a three bill package that included a nuclear subsidy bill and a health care insurance bill! The environmental community, who you would think, strongly supports renewable energy called for the process to slow down for a more deliberative process in order to create a long term program that would include community solar, not just a “pilot” program. That was certainly not the case with this bill. A small group of solar owners along with financial solar dealers spearheaded the quick passage of this bill in Trenton. If enacted, this law would close the successful free-market SREC program for all future solar development after 2021. As written, it will come at a multibillion dollar cost to ratepayers and divert future payments away from new solar development. All coming about without the widespread support and dialogue with environmentalists, ratepayers, business owners or even the majority of the homeowners or businesses that invested on solar on their homes and businesses. Flett Exchange has thousands of customers who own solar in New Jersey. These investments were made because of the SREC program and this bill extinguishes that program and causes uncertainty.
SREC = Competition = Fairness
New Jersey has been a nationwide leader for 15 years in solar development. The reason for this success is the open and competitive nature of our incentive program based on the SREC. New Jersey, in its wisdom over a decade ago, made the decision to let the market decide the most economical price for solar to bring in investment and at the same time protect the ratepayer. Due to the rapid reduction in cost of solar, an adjustment in the states’ law around solar was made in 2012. It worked beautifully. Solar was built. State renewable goals were met. The price to the ratepayer dropped as well. There was absolute freedom for homeowners and business to compete and install solar and earn SRECs.
Due to the success of the SREC program, New Jersey achieved all of its solar build-out goals and under budget. Now, like in 2012, the laws need to be adjusted to bring in the next phase of investment in New Jersey. Consistency needs to be maintained to maintain investor confidence, protect the ratepayer, protect past investments in solar infrastructure and bring more solar to everyone. The open and free SREC market is that tool. It allows for the freedom to compete and allow homeowners and business to install solar. It ensures that if prices drop for solar energy technology in the future, the public who pays for it with their electricity bill, will not be stuck for decades with long term contracts. The proponents of this bill are only interested in maximizing their rate of return when it comes time to selling their solar projects. They do not have the public’s interest at heart. We can do better.
Now, like in 2012, the cost to install solar has again plummeted. The state law can be adjusted to bring in the next phase of investment in NJ based on a free and open market called the SREC. The current bill phases out the tools that made New Jersey a solar leader.
Why Remove Fairness from a Successful Program?
Why? Because by closing the SREC program large solar owners will land a multi-billion dollar payday.
Here’s how:
There are over 2,000 Mw of solar installed statewide. There are a few owners with control of 100 Mw each. Based on current free market SREC prices, the typical owner of 100 Mw of solar will earn $50 to $70 million dollars over the next 10 years in SREC payments. (This revenue is based on the forward 10 year curve of SREC prices in a freely traded SREC market prior to the run-up in prices due to this bill)
A-3723, as written, abolishes the SREC market and maximize payments. Those same large owners will earn $250 million in the next 10 years – a $180 to $200 million windfall – each. (The back-end of the SREC curve moves up due to the artificial demand created by this bill) If you add up the total amount for all 2000 Mw installed in New Jersey the cost to the ratepayer over 10 years is $8.5 billion – up from $1.4 to $2.8 billion based on the freely traded SREC. This bill as written will cost the ratepayers of New Jersey $5.7 to $7.1 billion more over 10 years! The majority of this money builds NO new solar! These projects will be sold quickly and when the real costs materialize the public will demand action. To put this in perspective, $6 billion would build an additional 3,000 Mw of new solar at an install cost of $2 a watt. $2 a watt is a fair install price for new solar for medium sized distributed systems that would benefit typical small business’ and homeowners in New Jersey.
The proponents of the legislation have provided one sided cost analysis. All the press releases and articles actually mention that it will save money which is only attainable in economic models in which the inputs are misleading and statistically near impossible.
How do we Maintain Fairness?
The New Jersey legislature and governor need to address solar development today as it was addressed in 2012. All stakeholders have to be heard. The cost analysis needs to be vetted. A clear path forward for the cost of solar development in the future needs to be planned. Plain and simple the path is:
Maintain open and free access to solar for all investors - SRECs
Maintain the competitive nature of the SREC market to protect ratepayers
Increase solar requirements – increase RPS
Decrease costs- (solar is cheaper now) – decrease the SACP
Introduce community solar
Maintain and grow the solar labor market
A-3723 demands closure of the SREC market and re-direction of ratepayer funds away from long term new solar build-out that we have today. A clear reversal of past success.
The passage of A-3723 deviates from all of the success of the market based program that is responsible for the financing of over 80,000 solar installations in New Jersey. If enacted the bill will result in a quick short-term boost in SREC payments to investors of solar in New Jersey. This has happened already in the run-up in prices from $170 to $240 in the past 6 months because of the prospect of the legislation being passed. In reality, owners of solar are being duped into supporting this legislation because of the short-term run-up in prices. In the long term it puts all solar investment in New Jersey at risk by replacing free-market mechanisms by a law that is vague in its long-term support of solar. It de-links past investment in solar from future long-term solar build out. This is a dangerous proposition for those who own solar and rely on SRECs to pay back their investment in the clean energy future of New Jersey.
Short-Term Flips – No Long-Term Path – Sorry, New Jersey
Not one segment wins in the passage of this law except for a few select solar financers. In the next few years they will be able to flip projects for huge profits to unsuspecting investors who will get caught holding the bag in the long term. New Jersey homeowners and businesses who invested in solar and relying on SRECs will be in limbo without the continuation of the SREC program. Finally, and most importantly, the environment loses, the ratepayer loses, labor loses, and the new Investor in solar loses. When the costs are calculated in the next few years it will be apparent at the magnitude of ratepayer funds that were squandered and could have been used in an efficient manner to build out our renewable energy future. The right choice is to continue with a competitive and free incentive SREC market for the benefit of everyone in New Jersey as outlined above.
This bill is not law until Governor Murphy signs it. He can also significantly change it so it retains SRECs, maintains competition, and protects current solar investors and ratepayers or veto it and start over. Most importantly, the bill needs to be changed so that ratepayer funds are used in the most efficient manner to achieve our renewable energy goals.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
As expected, the prices of the 2017 vintage New Jersey SRECs are starting to converge with the prices of the 2018 vintages. Prices for 2017 were trading in the $220 to $230 range in recent weeks and have moved down to the $170 level today. After some up and down movement in the next few months they will be trading at a $5 discount to the 2018s which are now at $175.
The sudden move happened because there was an orderly expiration of the July delivery of the 2017 vintage SREC futures contract on Intercontinental Exchange. There was over 230,000 contracts in open interest in the July 2017 contract which is close to 10% of the whole years SREC obligation by all energy suppliers. Futures contracts can exhibit volatility in the last few trading days going into expiration if there is an imbalance of physical to deliver against the futures contract. For this reason the prices were held up for a longer period of time until the contract expired. The lack of volatility in this expiration means that all sellers had procured enough SRECs to satisfy delivery in the GATs by Monday, July, 31st.
The 2017 energy year is expected to be oversupplied by 7%. In the 2018 energy year it is expected that the installed solar in the whole state will oversupply the energy companies mandated compliance by about 14%. This is the reason why the 2018 vintage is trading at a discount to the 2017 prices last year. Of course the prices will move during the year as we see how much new solar is installed.
As always, we stress to our solar owners to sell consistently during the year to get an average price and not hold.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
After rallying to $250 in the beginning of January the SRECs moved down to $210 and are now steady in the $225 to $230 range.
SREC Supply / Demand for This Year
SREC supply for RY 2017 is expected to be sufficient. According to our estimates, SRECs produced this year ending in May along with supply left over from previous years will be about 4% more than what is needed by electricity suppliers. This justifies the prices that have been trading in the $200 to $250 range during the past few months.
SREC prices for Future Years – (Actual)
The following are current prices for SRECs trading between large commercial solar owners and electricity suppliers in the over-the-counter market. You will notice that prices decrease in coming years.
Ry 2018: $200 (June 2017 to May 2018) Ry 2019: $160 (June 2018 to May 2019) Ry 2020: $130 (June 2019 to May 2020) Ry 2021: $85 (June 2020 to May 2021)
3 year strip: $163
4 year strip: $143
SREC oversupply estimates for Future Years – (Flett Exchange Estimates)
Based on our supply / demand models we expect the supply of SRECs to continue to outpace the requirements in an accelerated fashion. This oversupply will put pressure on SREC prices. An oversupply of SRECs is a result of investors and developers installing more solar than is required by law. The only two ways to avoid an oversupply is for:
1. Investors and developers to not overbuild 2. The legislature in New Jersey pass a law to increase the solar requirements. (This happened in 2012)
Multiple years of overdevelopment of solar creates an overabundance of SRECs that never go away.
Ry 2017: 4% oversupply Ry 2018: 10% oversupply Ry 2019: 20% oversupply Ry 2020: 34% oversupply Ry 2021: 50% oversupply
SREC Price Projections for Future years – (Flett Exchange Estimates)
If the oversupply estimates in our models are correct our price estimates are as follows. We expect a drastic drop-off to occur between 2019 and 2020. Our low price may seem extreme but we base it on price action in other states that have become oversupplied – PA – $5, MD $8 and OH – $6.
Ry 2018: $140-$220 (this starts this summer) Ry 2019: $90 to $180 Ry 2020: $40 to $130 RY 2021 on $5 to $85
3 year strip estimate: (ry 18 – ry 20): $90 to $176
4 year strip estimate (ry 18 to ry21): $55 to $123
Summary:
The goals for solar installations set out by New Jersey law under the SREC program have worked perfectly. The free market price of SRECs has saved the ratepayers of New Jersey hundreds of millions of dollars while it encouraged new investors to install new solar at ever cheaper prices. Outside of a minority of failed (overpriced) fixed price SREC contracts encouraged by solar developers with the blessing of the Board of Public Utilities the ratepayers of New Jersey have benefited from the freely traded SREC market and will continue to benefit for decades to come. Based on SREC market prices the solar development industry in New Jersey passed its inflection point last year and is now starting to turn. This is caused by the decrease in the rate of new solar development under current legislation. For years the legislation encouraged significant new solar development during a time when solar costs have decreased significantly. That law now calls for a lower amount of solar growth. Developers and investors must re-calibrate and develop at a slower pace equal to the mandates by this law. If not, solar development in New Jersey will halt and all investors will suffer. Ratepayers will have to pay more in the future in solar subsidies to jump-start new solar development if confidence by investors in New Jersey solar is lost.
If you already own solar in New Jersey and rely on SREC payments to make your investment whole you are at the mercy of new solar investors. If the new investors in solar install at a cheaper price or are willing to accept a lower return on capital then they will continue to push SREC prices lower. That is only fair since it is an open market and anyone is allowed to invest in solar on their property.
Outside of a purely competitive, slight oversupply of SRECs caused by market efficiency there are two (2) controllable factors that can cause an overinvestment above legislated goals. If they are not addressed the result will be a protracted oversupply of SRECs ($10 SRECs): (Prices in NJ dropped to $60 in 2012 when the developers overbuilt.)
1. A lack of knowledge by new solar investors about the amount of solar required under the law. Let’s get down to it. Solar is sold by salesmen. If they want to make the sale they will not give the customer the full story about the risk of SREC oversupply and their ability to repay with SRECs. (To most solar sales people credit they probably don’t know the risk themselves) By the time most people who are signing contracts this spring get the array installed they will get a year or less of $200 SRECs. Their systems will just add to the oversupply of SRECs.
2. Fixed, long term, above market priced contracts for SREC granted by the BPU are being awarded and will continue to be awarded as the market gets oversupplied. The New Jersey Board of Public Utilities actually awarded 10 year fixed contracts just recently at $165 for 10 years fixed. Above market pricing similar to this also happened in 2011 exacerbating the oversupply of solar at that time. The overpayment of SRECs above the free market is absorbed by ratepayers which they will never know. Equally damaged by these contracts are solar investors like yourself that are not lucky enough to have an installation available at the time of the BPU solicitation. This will add uncompetitive solar installations to an oversupplied market and force SREC prices lower for all other solar investors outside of those whose losses are absorbed by the ratepayers.
Call to Action:
As for solar owners we suggest to sell your SRECs on a monthly basis and not bank any SRECs. The sale of your SRECs at prices in this $200+ area will be needed to average out your sales over the years. Future years need to be discounted based on the high probability of significantly lower prices 3+ years out. In the beginning of August your first 2018 SRECs will be minted. Those prices will be $20 to $30 less than the ones you will be selling in July. We suggest to not hold those and continuously sell them even if they are under $200. Remember, our price estimate for ry 18 (June 2017 to May 2018) is $140 to $220. With that estimate a $190 SREC is still in the middle of the range.
As we have since 2007, we will continue to monitor the New Jersey SREC market for you, provide transparent and actionable pricing via our exchange and offer information to help you make the best of your solar investment. In 2012 members of our team testified numerous times at the New Jersey Statehouse during the last update to solar legislation. Hopefully, through transparency of information the market will not get oversupplied as it was last time and solar investment can proceed at the legislated pace. We will update you with SREC supply and price projections as they develop.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
NEW JERSEY SREC PRICES END A FOUR YEAR RALLY The four year uptrend in spot New Jersey SREC prices between 2012 and early 2016 has officially ended. The market is now in a downtrend. It is making new lows and subsequently lower highs on any rallies. We should expect to see the market find new lows and trade off of varying levels of support as it digests and interprets how new investors react to lower SREC values. Will they throttle back and keep in line with State requirements or will they overbuild like they have in the past? Prices trended higher from a low of $60 in the fall of 2012 to a high of $290.09 on June 13th of 2016. This can be attributed to the adjustment in the law governing solar development which was passed in 2012. The law achieved its goals up to this point as the amount of solar installed has almost exactly matched solar growth rates in the past few years. Prices are now under $220. Short-term support is at $200 and $180. If the market holds $200 now we may not see the $180 level until next spring after the BGS auction. The end of the rally occurred as there were enough SRECs to satisfy all of the energy companies’ compliance needs for the RY 2016 deadline on November 1st. After hitting a low of $235 in August, RY 2016 SRECs led the way and rallied up to $265 briefly on September 27th. At that time the buying for the RY 2016 compliance dried up and energy companies could relax and take their time procuring SRECs for next years’ compliance. Requirements for SRECs increase next year however, new solar installations have been running higher than the State requirement which will produce enough of a cushion so that buyers do not have to worry about a shortfall. Many sellers are still selling their SRECs on the spot market however, buyers and sellers of large blocks of SRECs have been actively negotiating 3 year deals at the $180 level for RY 17, 18 and 19 SRECs. The prices implied for each of these individual years shows where the market prices SRECs in the future: NJ2017=$220 NJ2018=$200 NJ2019=$120 Due to the steep discount that the market is placing on SRECs three years out there is less incentive to bank and hold SRECs as sellers have in the past. Year after year there has been significant SREC buying in February as winners of the statewide BGS auction hedge out a portion of their 3 year obligations. The question each year is if prices will rally because of the BGS auction. When the market was in a bull trend there was always a rally on each BGS auction. Now that the clear uptrend has stalled that rally may not repeat itself. At least possibly not to the same degree. Between now and the end of this calendar year we can expect SREC prices to find a support level in anticipation of the BGS buying. Support levels are $200 and $180. A BGS rally off those levels will run into resistance at $220 and $235. Based on current market conditions we recommend to our sellers to sell spot SRECs on a continual basis, especially if the market rallies.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
After reaching a four year high price of $290.09 on June 13th New Jersey SREC prices have dropped $50 to the $240 level.
There are two major reasons why the uptrend has stalled and prices have corrected slightly:
Most New Jersey electricity compliance buyers have finished procuring their RY 2016 SRECs. Buyers needed to purchase and retire approximately 2,090,000 SRECs (They could use any SRECs generated between August of 2012 and May of 2016). In GATS there are 2,167,382 SRECs available which leaves about a 77,000 oversupply. There will be less than that available because some sellers hold their SRECs and some have been purchased for hedging purposes by other buyers. This leaves the RY 16 market almost “balanced”. This justifies last year’s uptrend and previous $290.09 high price. Now that they have finished buying for this year the buyers seem to be stepping back and taking their time. They now have over a year to buy for their next compliance.
The New Jersey BPU reported an increase in the amount of solar being installed. In July they released a report showing upward adjustments to the amount of solar installed last year along with a few completions of large scale grid connect projects. Since February the BPU has reported an additional 186 Mw installed which has also led to the price correction.
It is not expected that the market will drop quickly to levels seen in 2012 in the next year. The 2012 law throttled back the amount of large scale solar farms that can quickly oversupply an SREC market. Also, there has been a shift to more very small residential installations in the last few years and less medium size commercial installations. A surprise oversupply is unlikely however, we need to be on the lookout for a steady increase in supply. The BPU reports new solar installations monthly.
As for prices, sellers should not rely on steady uptrends like they saw in the 2013 – 2016 timeframe. Prices will more than likely swing like we have seen recently. We suggest to our sellers to sell if there is any short-term appreciation and if not, make sure that a periodic selling approach is taken to mitigate holding too many SRECs on a protracted down-trend.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
Supply and Demand. This is the main driving factor in MD SREC pricing.
Currently there is 478 mw of solar installations registered in PJM-EIS, the website that creates SRECs. These facilities will generate an estimated 570,000 SRECs for the 2016 calendar year. Add in the unsold SRECs from 2014 and 2015 (around 100,000 SRECs) and we are looking at an oversupply of 230,000 or more SRECs after the buyers turn in their 2016 SREC purchases.
The 2017 vintage is oversupplied. The RPS requires approximately 615,000 SRECs to be turned in for 2017 compliance year. With the 230,000 plus SREC carry over from 2016 plus the current 478 mw of solar generating SRECs right now that demand is met and oversupplied again by approximately 115,000 SRECs. As the year goes along and more solar is installed the market become more and more oversupplied.
Build Rates: Maryland has been installing more and more solar year over year. In 2013 around 40 mw was installed, 2014 around 60 mw and in 2015 124 mw! Yes, in 2015 twice as much solar went on-line then 2014. If this trend continues, installing double the 2015 number, we could potentially see 248 mw installed this year. Is this build rate sustainable? Potentially yes, but that’s an aggressive amount to install. However, just this year MD has installed almost 100 mw’s and its only been 4 months. If the 2016 build rate does in fact double we could project a 400,000 SREC oversupply for 2017. If the build rate remains the same, 10 to 11 mw a month, an oversupply of 200,000 plus SRECs could happen.
Legislative variable: Will the current house bill HB116 http://tinyurl.com/zeklecq that just passed in the House and Senate fix the problem? The bill does call to increase the solar carve out. For 2017 the RPS for solar will be increased from 0.95% to 1.15% or increase the demand from 615,000 SREC to about 725,000 SRECs. This increase would soak up the oversupply of SRECs but not if the current build rate continues. The date in which the bill will reach the Governors desk has not been scheduled yet.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
New Jersey SREC Prices Slip But Remain Close to Highs The New Jersey SREC market reached a four year high on February 5th with a settlement of $289.78 on the Flett Exchange trading platform. Prices retraced $14 back down to $275 and are now trading close to $280 today. Why have SREC prices risen? SREC prices have remained stable and risen during the past few years because the majority of new solar installed in New Jersey are small lease systems on single family homes as opposed to large scale solar farms which can at times take up 50 or more acres of farmland. Legislation passed in 2012 limited the amount of cheaper large scale grid connect projects in favor for net metered projects (solar on or next to buildings that offset that buildings electricity). Smaller systems cost more than large systems to build so they need a higher SREC price. However, with spot SREC prices at $280 to $290 and 3 year SREC contracts at $245 we should see an increase in new solar construction in the next year. What are solar owners doing with their SRECS? Solar owners in New Jersey are taking advantage of the rising SREC prices and are selling any banked SRECs that they have accumulated along with any that they produce on a month to month basis. We suggest to our solar owners to sell on a consistent basis, especially as prices rise. How do I sell? If you are a Flett Exchange customer and would like to sell your SRECs for immediate payment and delivery you can always log into your Flett Exchange account or give us a call on the trading desk at 201-209-0234. If you are a new customer you can register for an account here. If you have a large amount of SRECs call and we will try to sell your SRECs at higher block prices. The Quickest and Easiest way to sell: Customers can also check out our “sell now price” on our website and transfer your SRECs to “Flett Exchange, LLC” at that price on GATS. We will take care of the rest for you and mail your check or send your proceeds via ACH. Thank you for your continued business over the years! Mike, Shean, Kevin, Brian and Mike
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
New Jersey SRECs Rally to Highest Levels in 4 Years! The New Jersey SREC market rallied to the highest levels in four years yesterday. The previous high was $282.58 on December 29, 2011 on the 2012 vintage. Yesterdays’ settlement on Flett Exchange surpassed it by just 23 cents at $282.81 for the spot 2016 vintage. The 2016 vintage SREC has rallied a whopping 30% on the spot market since it started trading in July at $220 on Flett Exchange. Where have SREC prices traded in previous years? You can check out daily historical pricing and charts for New Jersey SRECs on Flett Exchange by clicking here. Our pricing goes back almost 9 years to June of 2007. All our pricing is based on the volume weighted average price of actual spot sales of SRECs by solar owners. Why have SREC prices gone up? Flett Exchange sellers, who are all solar owners, have been actively selling into this rally to take advantage of the high prices. Power companies, who are required to provide a portion of their electricity sales from solar, have been competitively procuring SRECs thus pushing prices higher. The fundamental rise in prices is partially attributable to the low rate of solar installations in New Jersey during the last year. Also, prices have risen in past years in the winter due to the hedging for a large electricity auction which is conducted each year. This may have been the case again this year giving solar owners an opportunity to capitalize on high prices once again. What should I do if I have SRECs? We suggest to our sellers to continue to sell at these high prices. High SREC prices encourage new solar to be installed at a higher rate because those investors will achieve higher returns on their investment. There is generally a lag of over a year in new investment in solar in response to high SREC prices. We should expect an increase in new solar installations this year which should have a dampening effect on New Jersey SREC prices. What is the highest price New Jersey SRECs can go to? The SACP – or the price level that energy companies will be fined for not buying enough SRECs this year – is $323. In prior years, when there were not enough SRECs produced to satisfy the amount required, (which is not the case this year) the market did not trade at the SACP. Most buyers only paid 95% of that value. 95% of this years’ cap is $306.85 for those of you who are looking for an upside objective. How do I sell? If you are a Flett Exchange customer and would like to sell your SRECs for immediate payment and delivery you can always log into your Flett Exchange account or give us a call on the trading desk at 201-209-0234. If you are a new customer you can register for an account here. If you have a large amount of SRECs call and we will try to sell your SRECs at higher block prices. The Quickest and Easiest way to sell: Customers can also check out our “sell now price” on our website and transfer your SRECs to “Flett Exchange, LLC” at that price on GATS. We will take care of the rest for you and mail your check or send your proceeds via ACH. Thank you for your continued business over the years! Mike, Shean, Kevin, Brian and Mike
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
New Jersey SREC prices rallied over $240 early this week to reach the highest levels since 2012! Prices are up over 30% from this time last year.
Prices are strong because the amount of solar installed in New Jersey on a monthly basis as reported by the Office of Clean Energy this year has been low. During the last 6 months there were only 13 Mw installed on an average basis on the reports. Monthly builds near 20Mw over a longer period of time is what is estimated to be needed to supply the energy companies with their mandated SREC requirement.
The overall supply for SRECs is less this year because most of the oversupply has been retired as a result of the legislation enacted in 2012. It requires a significant increase in SREC obligations in the short term. Also, that same legislation limited the installation of new large scale solar farms that led to the majority of the SREC crash in 2012.
We do expect to see a backlog of new larger solar farms hit the monthly installation numbers in the next few months along with other new projects that are vying for EDC fixed rate contracts. In the past solar developers have waited to install new solar in order to be eligible for the BPU mandated 10 year SREC contracts that shift risk from solar owner to the ratepayer.
Depending upon when this backlog of projects hits the market will determine a potential top of the market. If it does not happen for a few months the market may continue to rally. If it happens this month we may be nearing a potential top of the market.
We suggest to our solar owners to sell SRECs on a consistent basis to better achieve an average SREC price over the year. This also limits the risk of not selling your SRECs and the prices dropping as they did 3 years ago.
Flett Exchange - New Jersey SREC Price / Supply November 2015
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
New Jersey SREC update August 2015: The first of the energy year 2016 SRECs were minted on July 31st. Prices continue to remain strong in the mid $220s. It appears that there is still active buying by electric companies for their 2015 compliance which is due this fall. Sellers continue to sell at these high prices and volume has been robust. Most sellers that have accumulated SRECs are selling which is why the exchange has seen selling activity in all energy years – 2013, 2014, 2015 and now 2016. SREC Prices Remain High on Lower New Solar Installations On July 23rd the NJ Office of Clean Energy released their NJ_Solar_Market_Update_06_30_2015-3 of how much solar was installed in June. There were 14.4 Mw installed bringing the statewide total capacity to 1,500.7 Mw. This is another relatively light month of new solar installations. The average amount of new solar installed during the last six months was only 11.5/Mw. These low monthly installation reports continue to have a bullish effect on the SREC prices. (We feel there is some type of disconnect and that a large amount of projects will hit at any month.) BPU Auction Clears at $246.42 The BPU conducted an auction for 42,000 SRECs on July 14th and the clearing price was $246.42. This was more than $10 over the price traded in the market which may indicate that there were a few buyers that were being forced to pay up to make compliance for energy year 2015. Prices have been $15 to $20 below that level since the auction. Where are prices going from here? As long as buyers need SRECs for their ry 15 compliance due this fall the prices will remain strong. Once they are done we expect the market to pull back to $200 or less this fall. We also expect a very large new solar installation number to hit in the next few months. It just does not make sense that solar installations are so low on a monthly basis while the economics (low installation costs and high SREC prices) are so favorable. If new installations are being withheld they will have to hit the states reports at some time. In the meantime the current numbers from the state indicate a continually strong SREC market.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
SREC prices have risen 29% to $214.72 average in February 2015 compared to $166.30 in February 2014. Prices are currently trading $200 for new SRECs for immediate payment and delivery on the Flett Exchange trading platform. This is off from 3 year highs of $220 reached last month.
Prices rose in January and February due to the active hedging leading up to and after the BGS auction in which energy providers contract to sell electricity to New Jersey customers who do not choose a 3rd party supplier. The auction winners competitively manage their SREC obligations by buying spot and long term contracts from solar owners and shovel-ready solar projects. In another closely watched auction Electric Distribution companies of New Jersey sold 32,766 SRECs yesterday at a clearing price of $211.01. (Larger volumes tend to get a premium on the auctions)
The New Jersey Office of Clean Energy reported that 17.8 Mw of solar was installed in February bringing the total up to 1,456 Mw of operating solar. This amount of solar almost exactly matches the average amount of solar installed during the past 6, 12 and 24 months. It appears that the solar development in New Jersey is under control and is developing in line with state growth goals set out by legislation.
Prices for SRECs may drop in the future if the development exceeds the state mandates which is why we monitor the monthly build rates. We suggest to sell your SRECs on a consistent basis when prices are high like they are now.
The following is a chart showing SREC prices compared to monthly install rates.
New Jersey Solar - SREC Prices and Mw Installation Rates - February 2015
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
New Jersey SREC Prices Reach 3 Year Highs! New Jersey SREC prices have rallied to the highest level seen since January 2012! SRECs are trading above $200 for both 2014 and 2015 energy years. Prices have rallied for a few reasons: 1. Legislation passed by the Democrats and signed into law by Governor Christie in the summer of 2012 to save the solar market is working. 2. The new solar installations have been very light on a monthly basis as reported by the New Jersey Board of Public Utilities. Only 7.7 Mw were installed in November. 3. Prices have rallied in prior years at this time of the year due to energy companies buying SRECs for hedging purposes. 4. There are not as many SRECs available for sale on the spot market the first half of the energy year because many of the large installations use their first SRECs to deliver against long term contracts. We expect the rate of solar installations to pick up in the coming months due to the favorable economics of solar investing in New Jersey – low panel prices coupled with higher SRECs and historically high electricity prices in New Jersey. If there are high installation rates on a continual basis it will lead to lower SREC prices in the future. In the meantime prices seem to be on an up-trend. If you would like to take advantage of the higher prices and sell any of your SRECs you have a few options at Flett Exchange: 1. Log into your account on the Flett Exchange Trading Platform to list your SRECs for sale at any price you like. 2. Check our ” Sell Now Price” on our Website and transfer your SRECs to Flett Exchange LLC on GATs. 3. Call our trading desk at 201-209-0234 and speak to one of our brokers who can help you with GATs transfers. 4. Large volume sellers can call our brokerage desk (201-209-0234) for direct OTC spot and forward bilateral contracts. As always, we remit payment within 24 hours for spot transactions.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The first of the new 2015 Energy Year SRECs were minted in GATS last Friday. Prices for spot SREC sales during the last year rallied in all of the major SREC markets covered by Flett Exchange. This was mostly due to new solar development being under control along with successful legislative action taking effect in New Jersey. Solar owners were able to sell their SRECs at higher prices in all markets compared to the previous year.
Here are some pricing highlights:
RY 2013 RY 2014
New Jersey: $100.70 $155.65
Pennsylvania: $14.05 $35.66
Maryland: $126.15 $131.56
DC: $433.22 $466.60
(These prices are the average daily Flett Exchange settlement prices for both energy years. A listing of settlement prices back to 2007 can be found at
The market price for SRECs for the next 12 months will be determined by 3 major factors:
1. The rate and cost of new solar installed
2. The buying/hedging activity of the electric companies
3. Legislative changes or new government incentives/policies
We suggest to our customers to sell on a consistent basis – especially if prices are at the higher end of the range. The current prices in New Jersey, which are in the $155 to $165 range, represent a subsidy of 15 to 16 cents per kilowatt hour which is almost what you would pay without solar! Remember, the idea of an SREC market is to encourage new solar development while financing previous development. It is a delicate balance subject to open competition. If solar becomes less expensive, and it has, SREC prices over the long term will continue to drop. The open and competitive aspect of SRECs allows new entrants to invest and install new solar. If the cost of installing new solar becomes less expensive (this is the reason why SREC prices have dropped over the years) new solar investors will be willing to accept a lower SREC price – even if you do not.
Flett Exchange customers can log into their personal account to sell and see the following information:
• Historic SREC charts back to 2006 • Personal SREC sales and revenue charts for all Flett Exchange transactions (you can export to PDF or excel for your accountant or your own records) • Live SREC prices • Sell your SRECs like you would sell a stock on our market with over 6,500 other solar owners and dozens of electric company buyers
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
New Jersey SREC prices have been strong this year and are currently at the $180 level for the 2014 vintage SRECs. Prices have been strong due to compliance buying by energy providers. After the buying for this years’ compliance is done we expect SREC prices to drop back down. Prices could drop to $120 or lower by this fall/winter. We suggest to our sellers that you sell any accumulated SRECs into this price rally. There is a chance that prices could continue to move up a little more this summer however, we suggest to take advantage of these high prices in case they drop. In the past we have found that sellers that miss selling at the high prices tend to hold SRECs for over a year and resort to hoping and praying for prices to recover. If trends continue as they have during the past few years solar will continue to become cheaper and a lower SREC value will be needed to convince new investors to build more solar. CHECK YOUR GATS ACCOUNT FOR OLDER SRECS BEFORE THEY EXPIRE! Some solar generators hold SRECs for many years. If you have old Energy Year 2012 (generated from June 2011 to May 2012) solar credits sitting in your GATs account you must sell them because if you do not they will lose significant value soon! Energy companies cannot use these SRECs for solar compliance after this fall. Prices for these older SRECs trade at a slight discount at this time. Prices are listed in real time on our Flett Exchange trading platform and also on our website. If you have any of these older SRECs sell them on our platform or call us and we can walk you through the sales process. We have found energy companies willing to purchase these SRECs at this time. Flett Exchange customers can sell their SRECs in a variety of ways. 1. You can call us in the office at 201-209-0234 2. Check the Sell Now Price (for the correct SREC year) on our website and send the SRECs to us on GATS 3. Do it all on-line by accessing our trading platform. We will process your payment the same day. Customers can also place orders to sell SRECs at higher prices by either calling our trading desk at 201 209 0234 or by logging on to their Flett Exchange account and placing their orders themselves. Checks go out the same day. Established customers can request EFT.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
It has been 3 months since our last New Jersey SREC market update. During that time SREC prices moved up from the $145 area in December 2013 to a high of $185 in February 2014 and have moved back down to the mid to high $150s. $185 was the highest price for New Jersey SRECs since May 2012. Many of our customers who have been holding off for higher pricing participated on this move and sold many banked SRECs. Upward price movement and market firmness can be attributed to the compliance requirement of close to 1,600,000 SRECs due this fall. This requirement is significantly higher than last year’s requirement of 596,000. It is the first compliance year covered under the solar legislation passed in 2012. There will be more than enough SRECs minted and available in GATS to satisfy this fall’s requirement. Here are the existing and expected SRECs: 2012 in GATS= 45,860 2013 in GATS = 763,487 2014 in GATS = 790,029 (June 2013 to Jan 2014 production) Balance of 2014= 450,000 (estimate of Feb to May 2014 production with Feb light due to snow) SREC supply for 2014 compliance= 2,049,376 (Estimated available) Estimated ry 2014 SREC demand= 1,600,000 (based on 78 Gigawatt hours of NJ electric consumption) Estimated ry 2014 oversupply= 449,376 Based solely on the estimated available SRECs above, it would appear that the market should remain stable to weak as the spring and summer arrive and buyers finish their SREC purchases. However, there are a host of other factors that can have market-moving effects. The following is a list of bullish and bearish factors that may have an impact on pricing in the next 6 to 7 months as we approach compliance: BULLISH FACTORS: 1. It is hard to buy SRECs in bulk in a short amount of time. If some buyers wait until the end of the year to finish buying for their 2014 compliance they may push the market higher in search of SRECs. 2. Buyers hedging for future years purchase SRECs in the spot market and hold them for future compliance years. This reduces the pool of available SRECs for buyers that need them for the October 2014 deadline. 3. 100% of the SRECs are never sold each year. There are a variety of reasons why. Some buyers feel they are worth more so they don’t sell, some don’t enter meter readings in time and some altogether forget about them (it is hard to believe but some people or businesses don’t need the money right away- must be nice!) 4. Speculative buyers may purchase SRECs from solar owners and force compliance buyers to pay higher prices as the compliance deadline approaches. BEARISH FACTORS: 1. If prices go up too much compliance buyers who have bought spot SRECs for future compliance years may choose to use those SRECs for this compliance year or sell them to other compliance buyers to do the same. 2. SREC markets are based on law and confidence in the law. If there is any potential change in law that may possibly reduce the need to purchase SRECs in future years then buyers will not buy any more SRECs from solar owners other than what they need immediately. 3. If it appears that a dramatic increase in solar installations may happen like it has in the past, (due to overdevelopment) then buyers will back off of the spot market once they have procured their 2014 compliance needs. (no risk EDC contracts, large grid connect permissions from the BPU and a steady increase in lease installations have a good chance of oversupplying the market) As you can see, there are many factors that can come into play in the pricing of SRECs going into compliance. We try to give our customers, both buyers and sellers, as much information as possible. You can always see our live pricing on our website along with historical pricing going back to 2007. If you log into your Flett Exchange account you can transact SRECs 24 hours a day, see all of your sales history along with historical graphs. Also, feel free to call us directly with any questions or if you need help transferring SRECs on GATS. As always our sellers are paid the same day via check or EFT – your choice!
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The rate of new solar installations in New Jersey has been dropping for over a year. This low build rate coupled with the increasing SREC demand put in place by legislation over a year ago is why SREC prices are up 100% from a year ago. Prices for new SRECs are currently in the $140s.
There were only 13 Mw of new solar installed in New Jersey for the month of November. This marks 6 months in a row of low installations. As we have mentioned before, a monthly build rate of 15 to 17Mw a month over the next few years will keep the New Jersey SREC market “balanced”. The average build rate for the last 6 months was only 11.6 Mw.
Why is there less new solar being built in NJ now?
The low build rates today can be attributed to the low SREC prices last year. The projects being turned on now were in the planning phases about a year ago. Since SREC prices were under $100 very few projects were financeable. We can expect the build rate to increase in the next 6 to 12 months because of the higher SREC prices that we are seeing now.
The amount of new solar is likely to increase next year.
There will be an increase of installations due to another round of EDC (Electric Distribution Company) fixed rate SREC solicitations next year. These solicitations shift SREC risk away from solar developers and onto the ratepayers. Since there is no financial risk these programs are guaranteed to be oversubscribed.
Over the next 3 years there will also be a number of large grid connect projects installed. These projects are typically 7Mw each and will produce thousands of SRECs a year. The solar legislation that passed in the summer of 2012 allowed for a limited amount of grid connect solar to be installed. A limit was passed on new grid connect solar to help prevent a quick oversupply like the one that led to a collapse 2 years ago.
Where are Prices going?
New Jersey SREC prices should stay stable going into the New Year. Many sellers have been attempting to sell at $150 and it appears that it may happen again soon. The trend is slightly higher; however, it will be limited as buyers are offered multi-year contracts by new solar installations. Most new solar can be installed with a 3 to 5 years price in the $140 range. This shift from spot markets to multi-year contracts should limit the ultimate upside of the spot SREC market.
The SREC market is still oversupplied for the current year; however, the new SREC requirements put into place by legislation are just starting to kick in. Electricity companies in New Jersey will need to procure over 1,400,000 SRECs going forward each year compared to only 770,000 last year. We recommend to sell SRECs on a continual basis, especially as prices move up. If you have a large facility (250kw or larger) we recommend that you lock into a long term contract as the prices rise. Flett Exchange brokers long term contracts for its customers directly with energy companies.
If you would like to sell any SRECs before the end of the year feel free to log on and sell or give us a call.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
Prices for New Jersey solar renewable energy certificates (SRECs) have risen in the past few months. On October 4th the 2014 energy year SRECs settled at $149.63 on the Flett Exchange Trading Platform. This is the highest price yet for the 2014 SRECs on the spot market, 30% higher than the low price of $115 on July 16th and significantly higher than the $60 all-time low SREC price last October. The Electric Distribution Companies (PSE&G, Atlantic City Electric, Jersey Central Power & Light and Rockland Electric) conducted a large SREC auction on October 17th for 76,417 energy year 2014 SRECs. It cleared at $147.00 per SREC. Prices as of this publication are slightly lower.
SREC prices are steady now because of 2 factors:
1. Legislation passed in July of 2012 dramatically increased the amount of SRECs that the energy companies need to procure on a yearly basis. Demand for SRECs this energy year will be close to 1.5 million SRECs which is up from the previous legislation which required 772,000.
2. The pace of solar development was slow in the past year due to the lower SREC prices. There were only 8 Mw of new solar activated per month in August and September. The average amount of solar in the last 6 months was only 14.9 Mw per month compared to 28.5 Mw a month at this time last year. It is estimated that 15-17 Mw is needed per month to achieve a perfectly “balanced” market.
The stable and upward pricing should be tempered eventually by the following:
1. It is expected that the monthly install rate should increase next year due to the rising SREC prices.
2. The New Jersey Board of Public Utilities approved another round of Solar Loans and fixed rate Electric Distribution Company SREC contracts for the next year. These contracts shift all risk away from solar developers and onto the rate-payers so it is virtually guaranteed that the build-rate will increase during the next year.
We don’t expect spot SREC prices to experience a new downtrend much at all during the next 8 to 10 months. SREC demand should remain strong due to hedging activity on the part of the energy companies.
We expect there to be periodic, short-lived rallies during the year. With that in mind, we suggest that SREC producers sell every time the market moves up. In the past, rallies in the SREC market only last a few days because it is usually a result of a buyer procuring large volumes. We suggest that if you have a price that you would like to sell your SRECs you should list them for sale on the Flett Exchange trading platform or call us 201-209-0234 to list them for you. This will ensure that you do not miss the selling opportunities.
The stable SREC prices right now will invoke developers to install solar at an increasing rate so it is highly unlikely for the SREC market to stay at high prices for a prolonged period of time. If the spot SREC prices get too high energy companies will contract directly with new solar developers for their next few years of SRECs. The cost to install solar is very low and new solar can be installed with SREC prices in the mid $100s on reasonably priced projects if the developer can get a 3-5 year contract. If prices move too high in the spot market buyers will hedge in the 3- 5 year market as they have in the past. We highly doubt we will see another 80 mw installed in one month like we did in February of 2012 due to the constraints put on large solar farms but it is relatively easy to maintain 20 to 25 Mw per month. That level of new solar installations on a monthly basis should appear again in about eight months to a year and may reverse this stable SREC market.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The New Jersey Office of Clean Energy released the July solar installations last week. There are now 23,076 solar installations in the state with a total capacity of 1,106 Mw. There were only 11.5 Mw installed in July. This is the lowest amount of solar installed in one month since May of 2011. A continued trend of low installation months such as this should support the SREC market.
The amount of solar installed on a monthly basis is one of the most important tools used by market observers to determine if the New Jersey solar market will be overdeveloped compared to goals set by solar legislation. In previous years development outpaced sate goals. It is estimated that an average of 15 to 17 Mw a month is the pace of development needed. If more solar is installed than needed the SREC market can crash as it has in the past. If the pace of installation declines the SREC market will increase to encourage more solar development.
As shown by the chart above, the monthly rate of installations has been steadily decreasing. The 6 and 12 month moving averages are close at 21.5 mw per month. In early 2012 the 6 month average was as high as 47Mw per month!
SREC pricing has been steady this year. We attribute this to 2 main factors. The first is the controlled pace of development and the second is electric suppliers hedging activities in preparation for the increase of SRECs required for energy year 2014. SREC demand increases over 140% from 596,000 in energy year 2013 to approximately 1,440,000 in energy year 2014. Energy year 2014 just started in June.
Legislation signed into law last year rescued the New Jersey solar market from collapse in both solar jobs and values of SRECs used by investors in solar projects. Those investors are homeowners, businesses and schools in New Jersey with solar. Ratepayers without solar who are obligated to buy SRECs due to previous commitments set forth by the BPU also benefitted from the legislation.
In previous years the fall has been a time of light SREC volume due to weak SREC prices. We do not expect the market to drop this fall anywhere close to the $60 level that it had last year due to the above factors. Electric suppliers have been active in the spot market hedging forward production due to the fact that SRECs now have a 5 year life. They will most likely continue to procure SRECs at a steady pace in the spot market. We expect there to be an increased interest in buyers procuring 2 and 3 year contracts from large solar facility owners. (Flett Exchange is active in brokering both spot and forward contracts directly between electric companies and solar owners)
As always, we encourage solar owners to sell consistently during the year. If prices increase you should sell your production forward for 2 to 3 years.
If you have a large volume (100, 500, 1,000) of spot SRECs to sell call us directly on the trading desk. For large volume the prices are typically a few dollars over our spot price on the screen, we do not charge you commission, you get paid the same day and you do not have to execute pages of contracts.
We would like to thank all of our customers for your business. Use of our exchange helps us bring market transparency to the New Jersey SREC market. This helps both buyers and sellers make the market more efficient thus bringing more solar to New Jersey!
The New Jersey Office of Clean Energy reported that 18 Mw of solar was installed during the month of March. This brings the installed capacity of solar in New Jersey to 1,026Mw. There are now 20,887 solar arrays in operation statewide.
NJ Solar - Mw Installed - March 2013
The installation of 18 Mw in March reinforces the downward trend of solar installations in New Jersey. The average rate of installations need to be in the 15 to 17Mw per month range to match goals set out by the state. If the installation rate stays at this level it is expected that the SREC market will continue to stabilize.
Upon the release of this news by the New Jersey Office of Clean Energy the SREC market moved up $5. Prices for immediate delivery of SRECs are now $110 on the Flett Exchange marketplace. More about Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 5,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The New Jersey Office of Clean Energy reported that 35 Mw of solar was installed during the month of February. This brings the installed capacity of solar in New Jersey to over 1 Gigawatt! There are now 20,340 solar arrays in operation statewide.
The 35 Mw for February was higher than expected and almost double what the state needs to install on a monthly basis in order to stay in line with the Renewable Portfolio Standard requirements. The monthly install rates are watched closely because they determine the value of the Solar Renewable Energy Credits (SRECs). It is estimated that monthly install rates need to be 15 to 17 Mw a month average to keep the market balanced.
Even though the installation rate in February was quite high, the average rate per month has been decreasing steadily. If this solar development trend continues for the next six months it will send a signal that the market is under control. One needs to keep in mind the timeframe of solar development. The 35 Mw of capacity that came on line this month represents decision making from a year to a year and a half ago. Also, some of the projects that are coming on line now are projects with fixed rate SREC contracts. Once this development pipeline runs its course the true rate of installations based on SRECs at the $100 level will be seen for the next year in the future. We should expect the average build rates to continue to decrease as the development pipeline starts to represent projects built with the current SREC prices.
As far as prices are concerned for this spring and summer we don’t expect the market to drop below $85. Every time the market has dropped below $100 the volume of selling decreases significantly. Since there is a large oversupply of SRECs compared to this year’s requirement we don’t expect prices to move much over the recent highs of $125. However, if compliance entities wait until this summer to procure their energy year 2013 SRECs that are due in the fall then there could be a short lived squeeze above $150. We only put a 10% chance of this happening.
After trading briefly over $120 the NJ 2013 vintage SREC prices are trading $105 to $110 right now. The electric distribution companies auctioned off a large block of SRECs on March 19,2013. The volumes and clearing prices are as follows:
538 NJ 2012 vintage SRECs sold for $110.15 each 57,287 NJ 2013 vintage SRECs sold for $112.01 each
As we have suggested in the past, sell your SRECs consistently during the year, especially during times of rising prices. More about Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The New Jersey SREC market rallied up in the last week. Prices for energy year 2013 SRECs broke above $120 briefly on Monday, February 4th on the Flett Exchange SREC marketplace. This is up significantly from the low of $60 in October. As of this writing bids were $110 for energy year 2013 SRECs and $100 for the older 2012 vintage SRECs.
The market has trended higher as the rate of new solar installations in New Jersey have ratcheted back down during the last six months. Also, the first effects of the new legislation that was passed in July are also being felt. This past week there was a very large electricity auction (the BGS or the Basic Generation Services Auction) in which the winners win the ability to supply electricity for a period of 3 years in New Jersey. These 3 years correspond with the increase in SREC demand that was included in that new law. Electric companies have to procure a larger amount of SRECs and as a result this has supported SREC prices recently. This accounted for the quick jump in prices during the past week.
Increased demand should keep a floor under the market however; a prolonged rally will most likely be muted because of the very low price of new solar installations. New solar installations are only half of the cost that they were as recently as 2 years ago. Some installations in New Jersey are reportedly being built for $2 to $2.50/watt. The low cost of installation means that SREC prices do not have to be much higher than $120 to $150. If SREC prices go much higher than that a large amount of new solar will be built which will in turn depress SREC prices again.
It is also expected that the next round of selling from the Electricity Distribution Companies (EDC’s) will be announced soon. The last auction was in October. This auction may have as many as 70,000 to 90,000 SRECs. It is likely that buyers will temper their bids in the spot market until after the large auction.
As we have suggested in the past, we recommend selling your SRECs on a consistent basis to average out the prices during the year.
Flett Exchange customers can sell their SRECs in a variety of ways.
3. Do it all on-line by accessing our trading platform.
We will process your payment the same day. Customers can also place orders to sell SRECs at higher prices by either calling our trading desk at 201 209 0234 or by logging on to their Flett Exchange account and placing their orders themselves.
You can always ask us a question at:
info@flettexchange.com
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The New Jersey Office of Clean Energy reported a build of 9Mw for the month of December. (This is a preliminary number as of January 7th). If this is actually close to the final number, it indicates that the solar industry in New Jersey is finally starting to develop within the goals of the Renewable Portfolio Standard RPS set out by law.
In the previous two years solar development has been in excess of the RPS goal and caused a glut of solar credits. The ratepayers in New Jersey are protected from over-development by a competitive solar credit market based on supply and demand.
The following is a chart which shows the monthly build rates of solar compared to the RPS goals set out by law. We ran a 6 and 12 month moving average as well. There is an overlay of the SREC pricing (a monthly average of Flett Exchange daily SREC settlement prices) which demonstrates the supply-
demand relationship.
More about Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
New Jersey SREC prices have rallied from an all-time low price of $60 in October to $80 most recently on the Flett Exchange trading platform. We think the market has found its bottom at this time. We think that a bottom is put in place for three main reasons: 1. selling volume decreased dramatically at the $60 level 2. solar installation rates have started to decrease 3. most new solar investment cannot be supported by SREC levels below $90. On Flett Exchange we have witnessed decreasing volume of selling at these low price levels. Many solar owners have opted to “sit it out” this fall and wait and see what prices will do. Our trading screen indicates that selling interest will pick up again at $95 and there should be resistance at that level and higher. The amount of new solar installed on a monthly basis is the largest factor determining future SREC prices in New Jersey. Remember, the whole reason SREC prices crashed is because too much solar was put in too quickly. A build rate of only 10mw per month would have satisfied the power companies’ requirements. At one point earlier this year the 12 month average was 37 Mw installed per month. October 2012 solar installations were only 16Mw which is the lowest monthly install figure since May of 2011. With the new legislation that was passed in July an average of 15 to 17Mw per month is needed. Any more than this will put the market oversupplied once again. The next two months of installations are expected to be double this number however, the overall trend is decreasing. The price of new solar installed has plummeted in the past year and it is expected to continue to decrease for the next 12 months. The decreasing cost of new solar installations means that the added revenue stream from SRECs does not have to be as high. However, a $60 SREC is not high enough to encourage most new solar development at these install prices. We suggest to our sellers to sell consistently to average out your SREC sales for the year. Don’t get overzealous! Last year some people did not sell when the market rallied and are still holding all of their SRECs. It is next to impossible to sell the high so an averaging approach reduces your risk of holding large volumes of SRECs at low prices. Flett Exchange customers can sell their SRECs in a variety of ways: 1. You can call us in the office at 201-209-0234 2. Check the price on our website www.flettexchange.com and send the SRECs to us on GATs 3. Do it all on-line by accessing our trading platform. www.flettexchange.com/portal/ You can always ask us a question at info@flettexchange.com More about Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
Jersey City, NJ:The electric distribution companies (EDC’s) sold 60,600 New Jersey SRECs at $70.50 each today in an auction. This was the price for energy year 2013 SRECs. They sold over 5,000 energy year 2012 SRECs yesterday at $70.02 each. The EDC’s sell SRECs every quarter. Based on an estimated average price of the long term contracts of $350 each, this auction produced approximately an $18 million loss for the quarter. The loss is spread out among the ratepayers. These SREC prices match what customers have been selling on the Flett Exchange trading platform during the last few weeks. Why are prices so low? Prices for New Jersey SRECs have been very weak in the past few months because of the significant oversupply due to overbuilding versus the requirement set out by the State. The oversupply is going to persist until the requirements put forth by new legislation kick in for energy year 2014. At that time SREC buying obligations increase by almost 300%. Surplus SRECs from current years will be needed in those years. The amount of solar installed dictates how many SRECs are produced. If too much solar is installed compared to New Jerseys requirements then the surplus will continue and prices will stay low. We estimate that if more than 15mw a month are installed on average then the market will be oversupplied. The average install rate in the last 4 months has been about 24 mw. This is still too much but it is down significantly from an average of over 37 mw for a one year period ending this past spring. The trend is going in the right direction to balance the market. What will make prices rise again? Install rates are expected to drop in the first quarter of next year as the project pipeline gets built out. New installs are expected to drop due to the low SREC price. If all goes to plan the market will self correct. Based on low installed costs we hear that if SRECs were to rally to $120 new installs would pick up. $70 SRECs only support the very cheapest projects. Projects at this level seem speculative based on the low rate of return at current electricity prices and SRECs. Those investors may justify their actions if they have a bullish view on solar install prices, electricity prices and SRECs. Two major events that could make solar more expensive is a heavy tariff on Chinese solar panels and a elimination of Federal tax incentives for new solar. More about Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
Solar renewable energy certificates settled at $97.75 today on the Flett Exchange SREC marketplace. This price is for immediate delivery and payment for the 2012 reporting year SRECs. The new 2013 reporting year SRECs settled at $100. This is the first time that prompt year New Jersey SRECs have settled under $100 for since May 1, 2012. The energy year 2012 SRECs traded as low as $95 during the session.
Prices have dropped because developers installed more solar than the aggressive solar mandates in New Jersey. Reporting year 2012 compliance called for 442,000 SRECs to be purchased by electric providers. Solar installations generated 689,550 SRECs, or 56% more than needed.
Buyers are still buying for their energy year 2012 compliance which ends in a few weeks. Prices do have a chance of spiking up if they have not yet purchased all they need. Flett Exchange customers can place orders above the market to take advantage of upward price spikes.
The requirements were increased significantly with the passage of the new bill last month. However, the excess SRECs do not need to be turned in until the Fall of 2014. Electric companies who need to buy SRECs are most likely waiting to see if installations over the next year stay in line with the State requirements. Developers installed 21 mw in July. This is a decrease from previous months. Installation totals will need to stay at this level or lower to decrease the likelihood of another oversupply.
Flett Exchange customers have access to the SREC market 24 hours a day via its trading platform and also broker assisted trades Monday to Friday 8am to 5pm. Sellers on Flett Exchange have sold SRECs as high as $160 since the beginning of July.
More about Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
Trenton, NJ: Governor Chris Christie signed S1925 / A2966 into law today. This law makes adjustments to the solar incentive program in New Jersey.
As most of our customers know by now, solar development in NJ during the past 2 years has exceeded State mandates for solar. Since the payments for solar production are based on a market structure called the Solar Renewable Energy Certificate (SREC), the overbuilding of solar in relation to State mandates has resulted in lower SREC prices. This had a negative effect on investors who have already installed solar and those who would like to install solar now. On the other hand, ratepayers have benefited from the low SREC payments.
Since the passage of the last solar legislation over two years ago, there were two major changes in solar that required this new legislation. First, the cost of solar panels has dropped significantly and second, the solar industry in New Jersey has increased in size and has become a job creator.
These events created a unique opportunity for lawmakers to adjust the program for the benefit of both ratepayers and solar investors. Simply put, reduce cost exposure for ratepayers over the long term while increasing solar development in the short term.
It is encouraging to see that the Christie administration and the Democratic Controlled State Senate and Assembly came to agreement on a bill that takes advantage of external changes in the solar industry (declining solar costs coupled with an increasing willingness of investors to invest in NJ solar) and brings those advantages to ratepayers and solar investors alike. With an estimated 3 billion dollars invested so far in New Jersey solar infrastructure, political stability is the most important factor in attracting cheap capital to build out the remainder of the solar capacity mandated by State Law.
Here are some of the changes implemented by the new legislation:
Increase RPS: (Renewable Portfolio Standard) Increase the amount of SRECs that need to be purchased in the short term to absorb the oversupply and maintain a higher build rate
Decrease the SACP: (Solar Alternative Compliance Payment) Lower the fine level from $600+ to $339 and lower to protect ratepayers.
Limit solar farm development
Incentivize solar development on landfills, brownfields and large net metered projects.
Aggregated net metering for electricity consumption by certain governmental bodies and school districts.
Investors new and old in New Jersey solar still have to keep in mind the risk of overbuilding in the future still exists. Many solar developers lobbied for throttle mechanisms to help guarantee profits to solar owners by crowding out future development of solar in case of an overbuild situation again. This approach was rejected. Instead, land use and consideration for net benefits for net metered projects took precedent. These were all alluded to in the Energy Master Plan put out by the Christie Administration late last year. Many people in New Jersey have started to complain about solar farms and the legislature and Governors office has heard them.
The following have had instrumental input in either creating this legislation or influencing its outcome:
Governor Chris Christies’ office Stephen M. Sweeney – Senate President Senator Bob Smith – Environment and Energy Committee Assemblyman Upendra Chivukula – Telecommunications and Utilities Committee Stefanie A. Brand, Esq – Director, Division of Rate Council – State of New Jersey
New Jersey Renewable Energy Coalition – a coalition of industry investors, headed by Tony Pizzutillo, was able to marry the objectives of both the Governor’s Energy Master Plan with Legislative leadership. Also, the Coalition successfully identified statewide labor organizations as proponents of the industry.
There are many other renewable energy coalitions, environmental groups, electricity companies, large electricity consumer advocates, labor organizations along with New Jersey business owners and individuals who worked tirelessly over the past year to advance this legislation. I don’t feel that any one group got exactly everything they wanted but in the end it is a good piece of legislation.
The only guarantee is that inputs will change as the years go on. If they are as extreme as they have been in the past two years future “tweaks” will be needed. I look forward to adding whatever information I can about SREC market structure, investors in solar and electric company interaction with RPS requirements.
The following are two articles recapping the NJ solar bill that was passed by the New Jersey Legislature. It is awaiting Governor Christies’ signature. The legislation is geared to support the Solar Renewable Energy Credit SREC market, sustain solar development in the Garden State and protect ratepayers.
SREC prices have firmed up in recent weeks in anticipation of passage of the bill. Prices rallied from $130 two weeks ago to $150 today for spot sales of energy year 2012 SRECs.
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The New Jersey Legislature passed a bill A2966 on June 25, 2012 aimed at supporting solar development in New Jersey. It is now up to Governor Christie to sign the bill into law. He has 45 days to do so.
Solar development in New Jersey during the past year exceeded the State mandates by over 300%. The result was a collapse of the prices of Solar Renewable Energy Certificates. Without a fix, solar installations would have stopped and people who invested in solar would have experienced a few years of SREC prices in the $40 to $60 range until state mandates caught up.
SREC prices for spot delivery were trading $146.56 before the bill passage and experienced a small move up after passage. Forward pricing for energy years 2013 to 2015 were trading $150 to $160 before bill passage and were “talked” up to $180 – $190 in the morning after passage. We will see if actual trading in the forwards transpires at these levels and holds.
Solar development during the next 6 – 9 months will dictate what energy providers are willing to pay for spot and forward contracts. The new State mandates are geared for a 25mw a month build compared to the old mandates which allowed for 10mw a month to be built before the market became oversupplied. The past 12 months experienced a 37mw a month build.
Electric companies are buying their last SRECs for this Septembers’ compliance period right now. If the new bill is signed into law the electric companies will need to turn in over approximately 1,600,000 SRECs in September of 2014 compared to the current requirement for the same period of 772,000. The higher mandate decreases the likelihood that SRECs will be oversupplied as they are now and allows for a quicker adoption of solar in New Jersey.
Pricing for energy year 2012 SREC are expected to stay under $200 unless solar development in the state decreases substantially over the next few months.
Ratepayers are protected in this bill by the lowering of the fine levels levied against power suppliers in the case of a shortage of SRECs. Fine levels are being reduced from $600+ to $339 starting in energy year 2014. For the most part solar development risk will still rest on developers with ratepayers reaping the benefit of decreasing solar costs and increased competition in the solar industry as they have in the past in New Jersey.
More about Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
During a town hall meeting in Haddonfield on Tuesday, June 12, Governor Christie commented on the Senate and Assembly bills aimed at stabilizing the solar industry in New Jersey.
As for the Solar bills he said: “If they pass I will sign them”. He commented that the bills “will help to continue to support the solar industry which is a big job creator in this State”.
The spot SREC market has been trading between $130 and $140 during the past week. Without the potential passage of this bill, the SREC market would have most likely been trading below the $85 low experienced a month ago. The bill calls for significant increases in SREC purchases from energy providers, but not until the fall of 2014. Long-term SREC prices will be less volatile with upper limits reduced. SREC price caps are being reduced from the $600+ range to $339 and less starting in energy year 2014. The short term upward price movement due to bill passage should be limited due to the oversupply of SRECs this year and the next year. The oversupply will presumably be used for compliance in the fall of 2014.
Power producers, who are required by law to buy SRECs, will watch the pace of solar development over the next 6 months to determine if the market will be oversupplied once again. If developers throttle back to 20 mw /month or less the SREC market should stabilize and forward 3 year pricing should be in the upper $100s to low $200 range.
During Governor Chris Christies’ speech he commented on the expected closure of the Oyster Creek Nuclear plant, which is the countries oldest, in eight years. The expansion of solar along with the addition of “3 new natural gas fired power plants will be built in New Jersey in the next 5 years” should help keep power in New Jersey “cleaner and more affordable”.
Mark Incolllingo, a volunteer member of Haddonfield’s Sustainable NJ Green Team, asked the question in the following link to a video of a town hall meeting.
Here is a link to the video posted on the Star Ledger website on NJ.com:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,400 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
Solar owners in New Jersey who rely on estimates to earn Solar Renewable Energy Certificates (SRECs) will be required to have a production meter by November 30, 2012 or they WILL NOT earn SRECs starting with December 2012 generation.
Solar owners in New Jersey with arrays that are 10kw and less were given the option to rely on estimates or they could read the actual electric generation off of a meter. The electric production of a solar array is needed to generate SRECs.
Many solar owners that have relied on estimates do not have the required production meter (ANSI) Standard C12.1-2008 compliant productions meter) and will need to have one installed by a licensed electrician. Most meters on the inverters are not acceptable. Also, the net meter provided by the electric distribution companies are not capable of providing gross data for the purposes of generating SRECs.
We recommend that you call your solar installer first to find out if you have a production meter already. In some instances solar owners may void the installer warranty if they have another entity work on the array.
Solar owners who rely on estimates can still sell their SRECs on Flett Exchange or they can subscribe for Flett REC Manager Services. With Flett REC Manager Services our customers send their meter reading to Flett Exchange and we sell the SRECs automatically. It is easy!
Click on Services on the top of this page and select “managed SREC services” or fill out the forms below and email or fax them back to flett exchange.
Within the NJ Renewable Portfolio Standard (RPS) regulatory amendments, at N.J.A.C. 14:8-2.4 Energy that qualifies for an SREC; registration requirement – under subsection (c) “June 4, 2012” was inserted for the placeholder language in the rule proposal; “effective date for this new rule”. Likewise, under subsection (c) 1. ii “June 4, 2012” was inserted replacing the “effective date for this new rule” placeholder language and the deadline for submittal of an initial registration package was updated to “July 4, 2012” replacing the placeholder language; “30 days after the effective date of this new rule”.
2. Production Meter Requirements for Solar Electricity to be eligible for SRECs in NJ’s RPS
Within the NJ Renewable Portfolio Standard (RPS) regulatory amendments, at N.J.A.C. 14:8-2.9 Issuance of RECs and SRECs - subsection (c) the date “ December 4, 2012” was inserted replacing placeholder language in the rule proposal which previously stated; “six months after the effective date of this amendment”. The effect of this new rule will be that beginning December 4, 2012 all solar facilities connected to the distribution system in New Jersey seeking eligibility to create SRECs eligible for use in NJ’s RPS must have a production meter capable of measuring generation.
The NJ RPS has historically required solar systems greater than 10 kW to submit metered production data from meters compliant with the American National Standards Institute (ANSI) Standard C12.1-2008. And NJ’s SREC Registration Program and its predecessor SREC Only-Pilot Program required all solar systems to have an ANSI compliant production meter installed regardless of system size. However, the RPS regulations had allowed solar systems less than 10 kW to create SRECs from engineering estimates and the NJCEP rebate programs did not require ANSI compliant production meters to be installed. The net meter installed by the Electric Distribution Companies are NOT capable of providing gross generation data useful for purposes of SREC creation.
As a result of the regulatory change and a lack of production metering, some solar systems less than 10 kW may require the installation ofANSIStandard C12.1-2008 compliant productions meter. The practical implications from the new regulation’s effective date of June 4 which triggers the December 4, 2012 commencement of the requirement and the processes for SREC creation at the PJM-EIS GATS tracking system require that solar electric systems lacking production meters must have them installed by November 30, 2012 to ensure that solar electric generation in December 2012 be eligible for SRECs. Board staff is working with our RE Market Managers and the staff at PJM-EIS GATS to further inform stakeholders of these changes, to provide links to lists of eligibleANSI-compliant SREC production meters, and solar installers or licensed electricians able to install them.
The long awaited legislation to fix the solar market in New Jersey has been introduced! Senator Bob Smith and Senate President Stephen Sweeney introduced Senate bill S-1925 on May 14, 2012. Here are the main points:
Increase the RPS starting in Energy Year 2014. (this is the amount of SRECs that the power companies are required to purchase)
Lower the SACP (this is the fine that power companies must pay if they cannot purchase SRECs.)
Switch the RPS to a percentage from a fixed number. (this makes it easier for power companies to plan SREC purchases and also protects ratepayers in case overall power consumption drops statewide in the future)
Limit solar farm (grid connected solar) development to 100mw per year for 3 years.
Requirement for solar farms to obtain BPU approval to receive SRECs in the future. (this will help prevent large solar farms from overbuilding and give latitude to the BPU to approve projects that meet certain criteria)
Introduction of net-metering for schools and municipalities. (this allows for these public entities to site solar in a 3 square mile radius from buildings and net-meter)
Establishes a Solar Registration Program for new projects. (this will provide a much needed insight into the pipeline of solar projects in development)
The bill addresses the recent overbuilding in solar in New Jersey and attempts to bring the SREC market back into equilibrium. It also increases the amount of solar development for the next few years to provide a robust labor market for the solar installation community. The fine levels that power companies used to have to pay have been ratcheted down to $350 from the previous $600+ range. The reduced cost of solar in the past few years has enabled the NJ program to reduce SACP levels AND increase the amount of solar installed in the short term. Depending upon the final numbers, ratepayers will realize over 3.5 billion dollars in savings, or over 1 billion dollars in NPV.(8.37%) during the course of the program out to year 2028.
The bill is a result of continuous negotiations between the Democratic legislature who sponsored the bill, union leaders, and the Governors Office with technical guidance by the BPU staff. Various segments of the solar installation community along with solar investors have been lobbying hard as well. The State of New Jersey Division of the Rate Counsel set a high bar early on in negotiations creating an “anchor” savings number of 1 billion dollars in NPV for ratepayers.
We should expect some minor revisions to the bill, especially the SACP and RPS numbers (both of which need to increase slightly), as it works its way through the legislative process. The bill will have vulnerability if any special interests try to insert last minute additions.
Needed adjustments to this bill:
SACP numbers should be moved closer to the $400 level from the proposed $350. Low SACP numbers inhibit the medium term SREC market of 2-3 years. Solar investors will be looking to sell 3 year strips in the low to mid $200 range. If the SACP is $350 or lower then electric companies will not enter into these contracts because there is no upside since a low SACP acts as their hedge. A $400 SACP gives buyers an incentive to enter into 3 year contracts in the low $200 range. Since the NJ SREC market will be working off a 600,000 oversupply of SRECs that will not need to be turned in until September of 2014 it is imperative that a 2-3 year SREC market is vibrant. There is also an increasing probability that solar panels may rise in price in the next year due to Anti-dumping tariffs against Chinese solar panels by the US Department of Commerce DOC. There is talk of a proposal that may require 70% US made parts in Chinese solar panels to qualify for the Federal investment tax credit ITC. New York State Senator Charles Schumer mentioned “China’s unfair trading practices” recently when speaking about Solar. New York State is gearing up for a solar market that will compete with New Jersey in the next few years. Too low of an SACP may drive investment dollars from NJ to NY. These are strong arguments for a $400 SACP.
The proposed increase in the amount of SRECs required to be purchased by electric companies RPS should also be increased slightly. The proposed schedule is a start but slight increases in energy years 2014 -2018 may be enough to balance the market and sustain growth.
Here is the bill:
(go to the bottom for a summary of the bill)
SENATE, No. 1925
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED MAY 14, 2012
Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Revises certain solar renewable energy programs and requirements; provides for aggregating net metering of Class I renewable energy production on certain contiguous and non-contiguous properties owned by local government units and school districts.
CURRENT VERSION OF TEXT
As introduced.
AN ACT concerning net metering and solar renewable portfolio standards requirements and amending P.L.1999, c.23.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1999, c.23 (C.48:3-51) is amended to read as follows:
3. As used in P.L.1999, c.23 (C.48:3-49 et al.):
“Assignee” means a person to which an electric public utility or another assignee assigns, sells or transfers, other than as security, all or a portion of its right to or interest in bondable transition property. Except as specifically provided in P.L.1999, c.23 (C.48:3-49 et al.), an assignee shall not be subject to the public utility requirements of Title 48 or any rules or regulations adopted pursuant thereto;
“Base load electric power generation facility” means an electric power generation facility intended to be operated at a greater than 50 percent capacity factor including, but not limited to, a combined cycle power facility and a combined heat and power facility;
“Base residual auction” means the auction conducted by PJM, as part of PJM’s reliability pricing model, three years prior to the start of the delivery year to secure electrical capacity as necessary to satisfy the capacity requirements for that delivery year;
“Basic gas supply service” means gas supply service that is provided to any customer that has not chosen an alternative gas supplier, whether or not the customer has received offers as to competitive supply options, including, but not limited to, any customer that cannot obtain such service for any reason, including non-payment for services. Basic gas supply service is not a competitive service and shall be fully regulated by the board;
“Basic generation service” or “BGS” means electric generation service that is provided, to any customer that has not chosen an alternative electric power supplier, whether or not the customer has received offers for competitive supply options, including, but not limited to, any customer that cannot obtain such service from an electric power supplier for any reason, including non-payment for services. Basic generation service is not a competitive service and shall be fully regulated by the board;
“Basic generation service provider” or “provider” means a provider of basic generation service;
“Basic generation service transition costs” means the amount by which the payments by an electric public utility for the procurement of power for basic generation service and related ancillary and administrative costs exceeds the net revenues from the basic generation service charge established by the board pursuant to section 9 of P.L.1999, c.23 (C.48:3-57) during the transition period, together with interest on the balance at the board-approved rate, that is reflected in a deferred balance account approved by the board in an order addressing the electric public utility’s unbundled rates, stranded costs, and restructuring filings pursuant to P.L.1999, c.23 (C.48:3-49 et al.). Basic generation service transition costs shall include, but are not limited to, costs of purchases from the spot market, bilateral contracts, contracts with non-utility generators, parting contracts with the purchaser of the electric public utility’s divested generation assets, short-term advance purchases, and financial instruments such as hedging, forward contracts, and options. Basic generation service transition costs shall also include the payments by an electric public utility pursuant to a competitive procurement process for basic generation service supply during the transition period, and costs of any such process used to procure the basic generation service supply;
“Board” means the New Jersey Board of Public Utilities or any successor agency;
“Bondable stranded costs” means any stranded costs or basic generation service transition costs of an electric public utility approved by the board for recovery pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.), together with, as approved by the board: (1) the cost of retiring existing debt or equity capital of the electric public utility, including accrued interest, premium and other fees, costs and charges relating thereto, with the proceeds of the financing of bondable transition property; (2) if requested by an electric public utility in its application for a bondable stranded costs rate order, federal, State and local tax liabilities associated with stranded costs recovery or basic generation service transition cost recovery or the transfer or financing of such property or both, including taxes, whose recovery period is modified by the effect of a stranded costs recovery order, a bondable stranded costs rate order or both; and (3) the costs incurred to issue, service or refinance transition bonds, including interest, acquisition or redemption premium, and other financing costs, whether paid upon issuance or over the life of the transition bonds, including, but not limited to, credit enhancements, service charges, overcollateralization, interest rate cap, swap or collar, yield maintenance, maturity guarantee or other hedging agreements, equity investments, operating costs and other related fees, costs and charges, or to assign, sell or otherwise transfer bondable transition property;
“Bondable stranded costs rate order” means one or more irrevocable written orders issued by the board pursuant to P.L.1999, c.23 (C.48:3-49 et al.) which determines the amount of bondable stranded costs and the initial amount of transition bond charges authorized to be imposed to recover such bondable stranded costs, including the costs to be financed from the proceeds of the transition bonds, as well as on-going costs associated with servicing and credit enhancing the transition bonds, and provides the electric public utility specific authority to issue or cause to be issued, directly or indirectly, transition bonds through a financing entity and related matters as provided in P.L.1999, c.23 (C.48:3-49 et al.), which order shall become effective immediately upon the written consent of the related electric public utility to such order as provided in P.L.1999, c.23 (C.48:3-49 et al.);
“Bondable transition property” means the property consisting of the irrevocable right to charge, collect and receive, and be paid from collections of, transition bond charges in the amount necessary to provide for the full recovery of bondable stranded costs which are determined to be recoverable in a bondable stranded costs rate order, all rights of the related electric public utility under such bondable stranded costs rate order including, without limitation, all rights to obtain periodic adjustments of the related transition bond charges pursuant to subsection b. of section 15 of P.L.1999, c.23 (C.48:3-64), and all revenues, collections, payments, money and proceeds arising under, or with respect to, all of the foregoing;
“British thermal unit” or “Btu” means the amount of heat required to increase the temperature of one pound of water by one degree Fahrenheit;
“Broker” means a duly licensed electric power supplier that assumes the contractual and legal responsibility for the sale of electric generation service, transmission or other services to end-use retail customers, but does not take title to any of the power sold, or a duly licensed gas supplier that assumes the contractual and legal obligation to provide gas supply service to end-use retail customers, but does not take title to the gas;
“Brownfield” means any former or current commercial or industrial site that is currently vacant or underutilized and on which there has been, or there is suspected to have been, a discharge of contaminant, as included in the “Brownfields Redevelopment Task Force” inventory, developed pursuant to section 5 of P.L.1997, c.278 (C.58:10B-23);
“Buydown” means an arrangement or arrangements involving the buyer and seller in a given power purchase contract and, in some cases third parties, for consideration to be given by the buyer in order to effectuate a reduction in the pricing, or the restructuring of other terms to reduce the overall cost of the power contract, for the remaining succeeding period of the purchased power arrangement or arrangements;
“Buyout” means an arrangement or arrangements involving the buyer and seller in a given power purchase contract and, in some cases third parties, for consideration to be given by the buyer in order to effectuate a termination of such power purchase contract;
“Class I renewable energy” means electric energy produced from solar technologies, photovoltaic technologies, wind energy, fuel cells, geothermal technologies, wave or tidal action, small scale hydropower facilities with a capacity of three megawatts or less and put into service after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and methane gas from landfills or a biomass facility, provided that the biomass is cultivated and harvested in a sustainable manner;
“Class II renewable energy” means electric energy produced at a [resource recovery facility or] hydropower facility with a capacity of greater than three megawatts or a resource recovery facility, provided that such facility is located where retail competition is permitted and provided further that the Commissioner of Environmental Protection has determined that such facility meets the highest environmental standards and minimizes any impacts to the environment and local communities;
“Co-generation” means the sequential production of electricity and steam or other forms of useful energy used for industrial or commercial heating and cooling purposes;
“Combined cycle power facility” means a generation facility that combines two or more thermodynamic cycles, by producing electric power via the combustion of fuel and then routing the resulting waste heat by-product to a conventional boiler or to a heat recovery steam generator for use by a steam turbine to produce electric power, thereby increasing the overall efficiency of the generating facility;
“Combined heat and power facility” or “co-generation facility” means a generation facility which produces electric energy[,]and steam[,] or other forms of useful energy such as heat, which are used for industrial or commercial heating or cooling purposes. A combined heat and power facility or co-generation facility shall not be considered a public utility;
“Competitive service” means any service offered by an electric public utility or a gas public utility that the board determines to be competitive pursuant to section 8 or section 10 of P.L.1999, c.23 (C.48:3-56 or C.48:3-58) or that is not regulated by the board;
“Commercial and industrial energy pricing class customer” or “CIEP class customer” means that group of non-residential customers with high peak demand, as determined by periodic board order, which either is eligible or which would be eligible, as determined by periodic board order, to receive funds from the Retail Margin Fund established pursuant to section 9 of P.L.1999, c.23 (C.48:3-57) and for which basic generation service is hourly-priced;
“Comprehensive resource analysis” means an analysis including, but not limited to, an assessment of existing market barriers to the implementation of energy efficiency and renewable technologies that are not or cannot be delivered to customers through a competitive marketplace;
“Connected to the distribution system” means, for a solar electric power generation facility, (1) connected to a net metering customer’s side of a meter, regardless of the voltage at which that customer connects to the electric grid, or (2) directly connected to the electric grid at 69kilovolts or less, regardless of how an electric public utility classifies that portion of its electric grid, except that notwithstanding that it meets the criterion set forth in paragraph (1) or (2) hereof, a solar electric power generation facility that is neither net metered nor an on-site generation facility shall not be considered “connected to the distribution system” unless it shall have been designated as such by the board pursuant to subsections q. through s. of section 38 of P.L.1999, c.23 (C.48:3-87). Any solar electric power generation facility, other than that of a net metering customer on the customer’s side of the meter, connected above 69 kilovolts, shall not be considered connected to the distribution system;
“Customer” means any person that is an end user and is connected to any part of the transmission and distribution system within an electric public utility’s service territory or a gas public utility’s service territory within this State;
“Customer account service” means metering, billing, or such other administrative activity associated with maintaining a customer account;
“Delivery year” or “DY” means the 12-month period from June 1st through May 31st, numbered according to the calendar year in which it ends;
“Demand side management” means the management of customer demand for energy service through the implementation of cost-effective energy efficiency technologies, including, but not limited to, installed conservation, load management and energy efficiency measures on and in the residential, commercial, industrial, institutional and governmental premises and facilities in this State;
“Electric generation service” means the provision of retail electric energy and capacity which is generated off-site from the location at which the consumption of such electric energy and capacity is metered for retail billing purposes, including agreements and arrangements related thereto;
“Electric power generator” means an entity that proposes to construct, own, lease or operate, or currently owns, leases or operates, an electric power production facility that will sell or does sell at least 90 percent of its output, either directly or through a marketer, to a customer or customers located at sites that are not on or contiguous to the site on which the facility will be located or is located. The designation of an entity as an electric power generator for the purposes of P.L.1999, c.23 (C.48:3-49 et al.) shall not, in and of itself, affect the entity’s status as an exempt wholesale generator under the Public Utility Holding Company Act of 1935, 15 U.S.C. s.79 et seq., or its successor;
“Electric power supplier” means a person or entity that is duly licensed pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.) to offer and to assume the contractual and legal responsibility to provide electric generation service to retail customers, and includes load serving entities, marketers and brokers that offer or provide electric generation service to retail customers. The term excludes an electric public utility that provides electric generation service only as a basic generation service pursuant to section 9 of P.L.1999, c.23 (C.48:3-57);
“Electric public utility” means a public utility, as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within this State;
“Electric related service” means a service that is directly related to the consumption of electricity by an end user, including, but not limited to, the installation of demand side management measures at the end user’s premises, the maintenance, repair or replacement of appliances, lighting, motors or other energy-consuming devices at the end user’s premises, and the provision of energy consumption measurement and billing services;
“Electronic signature” means an electronic sound, symbol or process, attached to, or logically associated with, a contract or other record, and executed or adopted by a person with the intent to sign the record;
“Eligible generator” means a developer of a base load or mid-merit electric power generation facility including, but not limited to, an on-site generation facility that qualifies as a capacity resource under PJM criteria and that commences construction after the effective date of P.L.2011, c.9 (C.48:3-98.2 et al.);
“Energy agent” means a person that is duly registered pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.), that arranges the sale of retail electricity or electric related services or retail gas supply or gas related services between government aggregators or private aggregators and electric power suppliers or gas suppliers, but does not take title to the electric or gas sold;
“Energy consumer” means a business or residential consumer of electric generation service or gas supply service located within the territorial jurisdiction of a government aggregator;
“Energy efficiency portfolio standard” means a requirement to procure a specified amount of energy efficiency or demand side management resources as a means of managing and reducing energy usage and demand by customers;
“Energy year” or “EY” means the 12-month period from June 1st through May 31st, numbered according to the calendar year in which it ends;
“Farmland” means land actively devoted to agricultural or horticultural use that is valued, assessed, and taxed pursuant to the “Farmland Assessment Act of 1964,” P.L.1964, c.48 (C.54:4-23.1 et seq.);
“Federal Energy Regulatory Commission” or “FERC” means the federal agency established pursuant to 42 U.S.C. s.7171 et seq. to regulate the interstate transmission of electricity, natural gas, and oil;
“Financing entity” means an electric public utility, a special purpose entity, or any other assignee of bondable transition property, which issues transition bonds. Except as specifically provided in P.L.1999, c.23 (C.48:3-49 et al.), a financing entity which is not itself an electric public utility shall not be subject to the public utility requirements of Title 48 or any rules or regulations adopted pursuant thereto;
“Gas public utility” means a public utility, as that term is defined in R.S.48:2-13, that distributes gas to end users within this State;
“Gas related service” means a service that is directly related to the consumption of gas by an end user, including, but not limited to, the installation of demand side management measures at the end user’s premises, the maintenance, repair or replacement of appliances or other energy-consuming devices at the end user’s premises, and the provision of energy consumption measurement and billing services;
“Gas supplier” means a person that is duly licensed pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.) to offer and assume the contractual and legal obligation to provide gas supply service to retail customers, and includes, but is not limited to, marketers and brokers. A non-public utility affiliate of a public utility holding company may be a gas supplier, but a gas public utility or any subsidiary of a gas utility is not a gas supplier. In the event that a gas public utility is not part of a holding company legal structure, a related competitive business segment of that gas public utility may be a gas supplier, provided that related competitive business segment is structurally separated from the gas public utility, and provided that the interactions between the gas public utility and the related competitive business segment are subject to the affiliate relations standards adopted by the board pursuant to subsection k. of section 10 of P.L.1999, c.23 (C.48:3-58);
“Gas supply service” means the provision to customers of the retail commodity of gas, but does not include any regulated distribution service;
“Government aggregator” means any government entity subject to the requirements of the “Local Public Contracts Law,” P.L.1971, c.198 (C.40A:11-1 et seq.), the “Public School Contracts Law,” N.J.S.18A:18A-1 et seq., or the “County College Contracts Law,” P.L.1982, c.189 (C.18A:64A-25.1 et seq.), that enters into a written contract with a licensed electric power supplier or a licensed gas supplier for: (1) the provision of electric generation service, electric related service, gas supply service, or gas related service for its own use or the use of other government aggregators; or (2) if a municipal or county government, the provision of electric generation service or gas supply service on behalf of business or residential customers within its territorial jurisdiction;
“Government energy aggregation program” means a program and procedure pursuant to which a government aggregator enters into a written contract for the provision of electric generation service or gas supply service on behalf of business or residential customers within its territorial jurisdiction;
“Governmental entity” means any federal, state, municipal, local or other governmental department, commission, board, agency, court, authority or instrumentality having competent jurisdiction;
“Greenhouse gas emissions portfolio standard” means a requirement that addresses or limits the amount of carbon dioxide emissions indirectly resulting from the use of electricity as applied to any electric power suppliers and basic generation service providers of electricity;
“Incremental auction” means an auction conducted by PJM, as part of PJM’s reliability pricing model, prior to the start of the delivery year to secure electric capacity as necessary to satisfy the capacity requirements for that delivery year, that is not otherwise provided for in the base residual auction;
“Leakage” means an increase in greenhouse gas emissions related to generation sources located outside of the State that are not subject to a state, interstate or regional greenhouse gas emissions cap or standard that applies to generation sources located within the State;
“Locational deliverability area” or “LDA” means one or more of the zones within the PJM region which are used to evaluate area transmission constraints and reliability issues including electric public utility company zones, sub-zones, and combinations of zones;
“Long-term capacity agreement pilot program” or “LCAPP” means a pilot program established by the board that includes participation by eligible generators, to seek offers for financially-settled standard offer capacity agreements with eligible generators pursuant to the provisions of P.L.2011, c.9 (C.48:3-98.2 et al.);
“Market transition charge” means a charge imposed pursuant to section 13 of P.L.1999, c.23 (C.48:3-61) by an electric public utility, at a level determined by the board, on the electric public utility customers for a limited duration transition period to recover stranded costs created as a result of the introduction of electric power supply competition pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.);
“Marketer” means a duly licensed electric power supplier that takes title to electric energy and capacity, transmission and other services from electric power generators and other wholesale suppliers and then assumes the contractual and legal obligation to provide electric generation service, and may include transmission and other services, to an end-use retail customer or customers, or a duly licensed gas supplier that takes title to gas and then assumes the contractual and legal obligation to provide gas supply service to an end-use customer or customers;
“Mid-merit electric power generation facility” means a generation facility that operates at a capacity factor between baseload generation facilities and peaker generation facilities;
“Net metering” means the process of measuring the difference between (1) the quantity of electric power supplied by a basic generation service provider or an electric power supplier to a customer owning or leasing a generating facility that produces Class I renewable energy, and (2) the quantity of electric power generated by that facility which is used to offset part or all of the customer-generator’s requirements for electric power;
“Net metering aggregation” means the combination of readings from, and billing for, all net metering of the electric power consumption of a customer, provided that such customer is a school district, a county or any agency, authority, or other entity thereof, or a municipality, or any agency, authority, or other entity thereof, which owns or leases properties and which operates a Class I renewable energy generation system or systems on one or more of those properties, provided that such properties are located within the service territory of a single electric public utility. Net metering aggregation may be completed through physical or virtual net metering aggregation;
“Net proceeds” means proceeds less transaction and other related costs as determined by the board;
“Net revenues” means revenues less related expenses, including applicable taxes, as determined by the board;
“Offshore wind energy” means electric energy produced by a qualified offshore wind project;
“Offshore wind renewable energy certificate” or “OREC” means a certificate, issued by the board or its designee, representing the environmental attributes of one megawatt hour of electric generation from a qualified offshore wind project;
“Off-site end use thermal energy services customer” means an end use customer that purchases thermal energy services from an on-site generation facility, combined heat and power facility, or co-generation facility, and that is located on property that is separated from the property on which the on-site generation facility, combined heat and power facility, or co-generation facility is located by more than one easement, public thoroughfare, or transportation or utility-owned right-of-way;
“On-site generation facility” means a generation facility, including, but not limited to, a generation facility that produces Class I or Class II renewable energy, and equipment and services appurtenant to electric sales by such facility to the end use customer located on the property or on property contiguous to the property on which the end user is located. An on-site generation facility shall not be considered a public utility. The property of the end use customer and the property on which the on-site generation facility is located shall be considered contiguous if they are geographically located next to each other, but may be otherwise separated by an easement, public thoroughfare, transportation or utility-owned right-of-way, or if the end use customer is purchasing thermal energy services produced by the on-site generation facility, for use for heating or cooling, or both, regardless of whether the customer is located on property that is separated from the property on which the on-site generation facility is located by more than one easement, public thoroughfare, or transportation or utility-owned right-of-way;
“Person” means an individual, partnership, corporation, association, trust, limited liability company, governmental entity or other legal entity;
“Physical net metering aggregation” means the physical rewiring of all instruments for net metering of the electric power consumption of a single customer that is a school district, a county or any agency, authority, or other entity thereof, or a municipality, or any agency, authority, or other entity thereof, to provide a single point of contact for net metering of that customer’s consumption;
“PJM Interconnection, L.L.C.” or “PJM” means the privately-held, limited liability corporation that is a FERC-approved Regional Transmission Organization, or its successor, that manages the regional, high-voltage electricity grid serving all or parts of 13 states including New Jersey and the District of Columbia, operates the regional competitive wholesale electric market, manages the regional transmission planning process, and establishes systems and rules to ensure that the regional and in-State energy markets operate fairly and efficiently;
“Private aggregator” means a non-government aggregator that is a duly-organized business or non-profit organization authorized to do business in this State that enters into a contract with a duly licensed electric power supplier for the purchase of electric energy and capacity, or with a duly licensed gas supplier for the purchase of gas supply service, on behalf of multiple end-use customers by combining the loads of those customers;
“Properly closed sanitary landfill facility” means a sanitary landfill facility at which all activities associated with the design, purchase, or construction of all measures required by the Department of Environmental Protection, pursuant to law, in order to prevent, minimize, or monitor pollution or health hazards resulting from a sanitary landfill facility subsequent to the termination of operations at any portion thereof, including, but not necessarily limited to, the costs of placement of earthen or vegetative cover, and the installation of methane gas vents or monitors and leachate monitoring wells or collection systems at the site of any sanitary landfill facility;
“Public utility holding company” means: (1) any company that, directly or indirectly, owns, controls, or holds with power to vote, ten percent or more of the outstanding voting securities of an electric public utility or a gas public utility or of a company which is a public utility holding company by virtue of this definition, unless the Securities and Exchange Commission, or its successor, by order declares such company not to be a public utility holding company under the Public Utility Holding Company Act of 1935, 15 U.S.C. s.79 et seq., or its successor; or (2) any person that the Securities and Exchange Commission, or its successor, determines, after notice and opportunity for hearing, directly or indirectly, to exercise, either alone or pursuant to an arrangement or understanding with one or more other persons, such a controlling influence over the management or policies of an electric public utility or a gas public utility or public utility holding company as to make it necessary or appropriate in the public interest or for the protection of investors or consumers that such person be subject to the obligations, duties, and liabilities imposed in the Public Utility Holding Company Act of 1935 or its successor;
“Qualified offshore wind project” means a wind turbine electricity generation facility in the Atlantic Ocean and connected to the electric transmission system in this State, and includes the associated transmission-related interconnection facilities and equipment, and approved by the board pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1);
“Registration program” means an administrative process developed by the board that requires all owners of solar electric power generation facilities connected to the distribution system that intend to generate SRECs, to file with the board documents detailing the size, location, interconnection plan, land use, and other project information as required by the board;
“Regulatory asset” means an asset recorded on the books of an electric public utility or gas public utility pursuant to the Statement of Financial Accounting Standards, No. 71, entitled “Accounting for the Effects of Certain Types of Regulation,” or any successor standard and as deemed recoverable by the board;
“Related competitive business segment of an electric public utility or gas public utility” means any business venture of an electric public utility or gas public utility including, but not limited to, functionally separate business units, joint ventures, and partnerships, that offers to provide or provides competitive services;
“Related competitive business segment of a public utility holding company” means any business venture of a public utility holding company, including, but not limited to, functionally separate business units, joint ventures, and partnerships and subsidiaries, that offers to provide or provides competitive services, but does not include any related competitive business segments of an electric public utility or gas public utility;
“Reliability pricing model” or “RPM” means PJM’s capacity-market model, and its successors, that secures capacity on behalf of electric load serving entities to satisfy load obligations not satisfied through the output of electric generation facilities owned by those entities, or otherwise secured by those entities through bilateral contracts;
“Renewable energy certificate” or “REC” means a certificate representing the environmental benefits or attributes of one megawatt-hour of generation from a generating facility that produces Class I or Class II renewable energy, but shall not include a solar renewable energy certificate or an offshore wind renewable energy certificate;
“Resource clearing price” or “RCP” means the clearing price established for the applicable locational deliverability area by the base residual auction or incremental auction, as determined by the optimization algorithm for each auction, conducted by PJM as part of PJM’s reliability pricing model;
“Resource recovery facility” means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse, which the Department of Environmental Protection has determined to be in compliance with current environmental standards, including, but not limited to, all applicable requirements of the federal “Clean Air Act” (42 U.S.C. s.7401 et seq.);
“Restructuring related costs” means reasonably incurred costs directly related to the restructuring of the electric power industry, including the closure, sale, functional separation and divestiture of generation and other competitive utility assets by a public utility, or the provision of competitive services as such costs are determined by the board, and which are not stranded costs as defined in P.L.1999, c.23 (C.48:3-49 et al.) but may include, but not be limited to, investments in management information systems, and which shall include expenses related to employees affected by restructuring which result in efficiencies and which result in benefits to ratepayers, such as training or retraining at the level equivalent to one year’s training at a vocational or technical school or county community college, the provision of severance pay of two weeks of base pay for each year of full-time employment, and a maximum of 24 months’ continued health care coverage. Except as to expenses related to employees affected by restructuring, “restructuring related costs” shall not include going forward costs;
“Retail choice” means the ability of retail customers to shop for electric generation or gas supply service from electric power or gas suppliers, or opt to receive basic generation service or basic gas service, and the ability of an electric power or gas supplier to offer electric generation service or gas supply service to retail customers, consistent with the provisions of P.L.1999, c.23 (C.48:3-49 et al.);
“Retail margin” means an amount, reflecting differences in prices that electric power suppliers and electric public utilities may charge in providing electric generation service and basic generation service, respectively, to retail customers, excluding residential customers, which the board may authorize to be charged to categories of basic generation service customers of electric public utilities in this State, other than residential customers, under the board’s continuing regulation of basic generation service pursuant to sections 3 and 9 of P.L.1999, c.23 (C.48:3-51 and 48:3-57), for the purpose of promoting a competitive retail market for the supply of electricity;
“Sanitary landfill facility” shall have the same meaning as provided in section 3 of P.L.1970, c.39 (C.13:1E-3);
“School district” means a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a county special services school district established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes, a county vocational school district established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes, and a district under full State intervention pursuant to P.L.1987, c.399 (C.18A:7A-34 et al.);
“Shopping credit” means an amount deducted from the bill of an electric public utility customer to reflect the fact that such customer has switched to an electric power supplier and no longer takes basic generation service from the electric public utility;
“Small scale hydropower facility” means a facility located within this State that is connected to the distribution system, and that meets the requirements of, and has been certified by, a nationally recognized low-impact hydropower organization that has established low-impact hydropower certification criteria applicable to: (1) river flows; (2) water quality; (3) fish passage and protection; (4) watershed protection; (5) threatened and endangered species protection; (6) cultural resource protection; (7) recreation; and (8) facilities recommended for removal;
“Social program” means a program implemented with board approval to provide assistance to a group of disadvantaged customers, to provide protection to consumers, or to accomplish a particular societal goal, and includes, but is not limited to, the winter moratorium program, utility practices concerning “bad debt” customers, low income assistance, deferred payment plans, weatherization programs, and late payment and deposit policies, but does not include any demand side management program or any environmental requirements or controls;
“Societal benefits charge” means a charge imposed by an electric public utility, at a level determined by the board, pursuant to, and in accordance with, section 12 of P.L.1999, c.23 (C.48:3-60);
“Solar alternative compliance payment” or “SACP” means a payment of a certain dollar amount per megawatt hour (MWh) which an electric power supplier or provider may submit to the board in order to comply with the solar electric generation requirements under section 38 of P.L.1999, c.23 (C.48:3-87);
“Solar renewable energy certificate” or “SREC” means a certificate issued by the board or its designee, representing one megawatt hour (MWh) of solar energy that is generated by a facility connected to the distribution system in this State and has value based upon, and driven by, the energy market;
“Standard offer capacity agreement” or “SOCA” means a financially-settled transaction agreement, approved by board order, that provides for eligible generators to receive payments from the electric public utilities for a defined amount of electric capacity for a term to be determined by the board but not to exceed 15 years, and for such payments to be a fully non-bypassable charge, with such an order, once issued, being irrevocable;
“Standard offer capacity price” or “SOCP” means the capacity price that is fixed for the term of the SOCA and which is the price to be received by eligible generators under a board-approved SOCA;
“Stranded cost” means the amount by which the net cost of an electric public utility’s electric generating assets or electric power purchase commitments, as determined by the board consistent with the provisions of P.L.1999, c.23 (C.48:3-49 et al.), exceeds the market value of those assets or contractual commitments in a competitive supply marketplace and the costs of buydowns or buyouts of power purchase contracts;
“Stranded costs recovery order” means each order issued by the board in accordance with subsection c. of section 13 of P.L.1999, c.23 (C.48:3-61) which sets forth the amount of stranded costs, if any, the board has determined an electric public utility is eligible to recover and collect in accordance with the standards set forth in section 13 of P.L.1999, c.23 (C.48:3-61) and the recovery mechanisms therefor;
“Thermal efficiency” means the useful electric energy output of a facility, plus the useful thermal energy output of the facility, expressed as a percentage of the total energy input to the facility;
“Transition bond charge” means a charge, expressed as an amount per kilowatt hour, that is authorized by and imposed on electric public utility ratepayers pursuant to a bondable stranded costs rate order, as modified at any time pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.);
“Transition bonds” means bonds, notes, certificates of participation or beneficial interest or other evidences of indebtedness or ownership issued pursuant to an indenture, contract or other agreement of an electric public utility or a financing entity, the proceeds of which are used, directly or indirectly, to recover, finance or refinance bondable stranded costs and which are, directly or indirectly, secured by or payable from bondable transition property. References in P.L.1999, c.23 (C.48:3-49 et al.) to principal, interest, and acquisition or redemption premium with respect to transition bonds which are issued in the form of certificates of participation or beneficial interest or other evidences of ownership shall refer to the comparable payments on such securities;
“Transition period” means the period from August 1, 1999 through July 31, 2003;
“Transmission and distribution system” means, with respect to an electric public utility, any facility or equipment that is used for the transmission, distribution or delivery of electricity to the customers of the electric public utility including, but not limited to, the land, structures, meters, lines, switches and all other appurtenances thereof and thereto, owned or controlled by the electric public utility within this State; [and]
“Universal service” means any service approved by the board with the purpose of assisting low-income residential customers in obtaining or retaining electric generation or delivery service; and
“Virtual net metering aggregation” means the combination of readings from instruments for, and billing for, all net metering of the electric power consumption of a single customer which is a school district, a county or any agency, authority, or other entity thereof, or a municipality, or any agency, authority, or other entity thereof, which owns or leases properties and which operates a generating facility on those properties that produces Class I renewable energy by means of the electric public utility’s billing process, rather than through physical rewiring of the customer’s property to provide a single point of contact, provided that such properties are located three miles within the boundaries of each other and within the service territory of a single electric public utility. A customer engaged in virtual net metering shall not be considered a public utility.
(cf: P.L.2011, c.9, s.2)
2. Section 38 of P.L.1999, c.23 (C.48:3-87) is amended to read as follows:
38. a. The board shall require an electric power supplier or basic generation service provider to disclose on a customer’s bill or on customer contracts or marketing materials, a uniform, common set of information about the environmental characteristics of the energy purchased by the customer, including, but not limited to:
(1) Its fuel mix, including categories for oil, gas, nuclear, coal, solar, hydroelectric, wind and biomass, or a regional average determined by the board;
(2) Its emissions, in pounds per megawatt hour, of sulfur dioxide, carbon dioxide, oxides of nitrogen, and any other pollutant that the board may determine to pose an environmental or health hazard, or an emissions default to be determined by the board; and
(3) Any discrete emission reduction retired pursuant to rules and regulations adopted pursuant to P.L.1995, c.188.
b. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment and public hearing, interim standards to implement this disclosure requirement, including, but not limited to:
(1) A methodology for disclosure of emissions based on output pounds per megawatt hour;
(2) Benchmarks for all suppliers and basic generation service providers to use in disclosing emissions that will enable consumers to perform a meaningful comparison with a supplier’s or basic generation service provider’s emission levels; and
(3) A uniform emissions disclosure format that is graphic in nature and easily understandable by consumers. The board shall periodically review the disclosure requirements to determine if revisions to the environmental disclosure system as implemented are necessary.
Such standards shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act.”
c. (1) The board may adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment, an emissions portfolio standard applicable to all electric power suppliers and basic generation service providers, upon a finding that:
(a) The standard is necessary as part of a plan to enable the State to meet federal Clean Air Act or State ambient air quality standards; and
(b) Actions at the regional or federal level cannot reasonably be expected to achieve the compliance with the federal standards.
(2) By July 1, 2009, the board shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), a greenhouse gas emissions portfolio standard to mitigate leakage or another regulatory mechanism to mitigate leakage applicable to all electric power suppliers and basic generation service providers that provide electricity to customers within the State. The greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage shall:
(a) Allow a transition period, either before or after the effective date of the regulation to mitigate leakage, for a basic generation service provider or electric power supplier to either meet the emissions portfolio standard or other regulatory mechanism to mitigate leakage, or to transfer any customer to a basic generation service provider or electric power supplier that meets the emissions portfolio standard or other regulatory mechanism to mitigate leakage. If the transition period allowed pursuant to this subparagraph occurs after the implementation of an emissions portfolio standard or other regulatory mechanism to mitigate leakage, the transition period shall be no longer than three years; and
(b) Exempt the provision of basic generation service pursuant to a basic generation service purchase and sale agreement effective prior to the date of the regulation.
Unless the Attorney General or the Attorney General’s designee determines that a greenhouse gas emissions portfolio standard would unconstitutionally burden interstate commerce or would be preempted by federal law, the adoption by the board of an electric energy efficiency portfolio standard pursuant to subsection g. of this section, a gas energy efficiency portfolio standard pursuant to subsection h. of this section, or any other enhanced energy efficiency policies to mitigate leakage shall not be considered sufficient to fulfill the requirement of this subsection for the adoption of a greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage.
d. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing, renewable energy portfolio standards that shall require:
(1) that two and one-half percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class I or Class II renewable energy sources;
(2) beginning on January 1, 2001, that one-half of one percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class I renewable energy sources. The board shall increase the required percentage for Class I renewable energy sources so that by January 1, 2006, one percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources and shall additionally increase the required percentage for Class I renewable energy sources by one-half of one percent each year until January 1, 2012, when four percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources.
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection;
(3) that the board establish a multi-year schedule, applicable to each electric power supplier or basic generation service provider in this State, beginning with the one-year period commencing on June 1, 2010, and continuing for each subsequent one-year period up to and including, the one-year period commencing on [June 1, 2025]June 1, 2028, that requires [suppliers or providers to purchase at least] the following number or percentage, as the case may be, of kilowatt-hours sold in this State by each electric power supplier and each basic generation service provider to be from solar electric power generators connected to the distribution system in this State:
EY 2011 306 Gigawatthours (Gwhrs)
EY 2012 442 Gwhrs
EY 2013 596 Gwhrs
EY 2014 [772 Gwhrs] 1.832%
EY 2015 [965 Gwhrs] 2.145%
EY 2016 [1,150 Gwhrs] 2.446%
EY 2017 [1,357 Gwhrs] 2.519%
EY 2018 [1,591 Gwhrs] 2.851%
EY 2019 [1,858 Gwhrs] 3.111%
EY 2020 [2,164 Gwhrs] 3.233%
EY 2021 [2,518 Gwhrs] 3.320%
EY 2022 [2,928 Gwhrs] 3.383%
EY 2023 [3,433 Gwhrs] 3.434%
EY 2024 [3,989 Gwhrs] 3.483%
EY 2025 [4,610 Gwhrs] 3.532%
EY 2026 [5,316 Gwhrs]3.579%
EY 2027 3.625%
EY 2028, 3.730%, and for every energy year thereafter, at least [5,316 Gwhrs]3.730% per energy year to reflect an increasing number of kilowatt-hours to be purchased by suppliers or providers from solar electric power generators connected to the distribution system in this State, and to establish a framework within which, of the electricity that the generators sell in this State, suppliers and providers shall [purchase]each obtain at least [2,518 Gwhrs]3.320% in the energy year 2021 and [5,316 Gwhrs]3.730% in the energy year [2026]2028 from solar electric power generators connected to the distribution system in this State, provided, however, that
[the number of solar kilowatt-hours required to be purchased by each supplier or provider, when expressed as a percentage of the total number of solar kilowatt-hours purchased in this State, shall be equivalent to each supplier's or provider's proportionate share of the total number of kilowatt-hours sold in this State by all suppliers and providers.]:
(a) The board shall determine an appropriate period of no less than 120 days following the end of an energy year prior to which a provider or supplier must demonstrate compliance for that energy year with the annual renewable portfolio standard;
(b) No more than 24 months following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall complete a proceeding to investigate approaches to mitigate solar development volatility and prepare and submit, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), a report to the Legislature, detailing its findings and recommendations. As part of the proceeding, the board shall evaluate other techniques used nationally and internationally;
(c) The solar renewable portfolio standards requirements in this paragraph shall exempt those existing supply contracts which are effective prior to the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) from any increase beyond the number of SRECs that exceeds the number mandated by the solar renewable portfolio standards requirements that were in effect on the date that the providers executed their existing supply contracts. This limited exemption for providers’ existing supply contracts shall not be construed to lower the Statewide solar sourcing requirements set forth in this paragraph. Such incremental new requirements shall be distributed over the electric power suppliers and providers not subject to the existing supply contract exemption until such time as existing supply contracts expire and all suppliers are subject to the new requirement in a manner that is competitively neutral among all providers and suppliers, such that non-exempt providers are assigned the requirements that would have otherwise been assigned to the exempt providers.
(d) The solar renewable portfolio standards requirements in this paragraph [(3) of this subsection] shall automatically increase by 20% for the remainder of the schedule in the event that the following two conditions are met: [(a)](i) the number of SRECs generated meets or exceeds the requirement for three consecutive reporting years, starting with energy year [2013]2014; and [(b)](ii) the [average]SREC price for [all] SRECs purchased by entities with renewable energy portfolio standards obligations [has decreased] in each of the same three consecutive reporting years is less than the current SREC price in the year prior to the three consecutive reporting years; and
(e) The board shall exempt providers’ [existing] supply contracts that are [: (a)] effective prior to the date of [P.L.2009, c.289; or (b) effective prior to any future increase in the solar renewable portfolio standard beyond the multi-year schedule established in paragraph (3) of this subsection] any such increase. This exemption shall apply to the number of SRECs that exceeds the number mandated by the solar renewable portfolio standards requirements that were in effect on the date that the suppliers or providers executed their existing supply contracts. This limited exemption for providers’ existing supply contracts shall not be construed to lower the Statewide solar [purchase]sourcing requirements set forth in this paragraph [(3) of this subsection]. Such incremental new requirements shall be distributed over the electric power suppliers and providers not subject to the existing supply contract exemption until such time as existing supply contracts expire and all suppliers are subject to the new requirement in a manner that is competitively neutral among all suppliers and providers, such that non-exempt providers are assigned the requirements that would have otherwise been assigned to the exempt providers.
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection, or compliance with the requirements of this subsection may be demonstrated to the board by suppliers or providers through the purchase of SRECs.
The renewable energy portfolio standards adopted by the board pursuant to paragraphs (1) and (2) of this subsection shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act.”
The renewable energy portfolio standards adopted by the board pursuant to this paragraph [(3) of this subsection] shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 30 months after such filing, and shall, thereafter, be amended, adopted or readopted by the board in accordance with the “Administrative Procedure Act”; and
(4) within 180 days after the date of enactment of P.L.2010, c.57 (C.48:3-87.1 et al.), that the board establish an offshore wind renewable energy certificate program to require that a percentage of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from offshore wind energy in order to support at least 1,100 megawatts of generation from qualified offshore wind projects.
The percentage established by the board pursuant to this paragraph shall serve as an offset to the renewable energy portfolio standard established pursuant to paragraphs (1) and (2) of this subsection and shall reduce the corresponding Class I renewable energy requirement.
The percentage established by the board pursuant to this paragraph shall reflect the projected OREC production of each qualified offshore wind project, approved by the board pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1), for twenty years from the commercial operation start date of the qualified offshore wind project which production projection and OREC purchase requirement, once approved by the board, shall not be subject to reduction.
An electric power supplier or basic generation service provider shall comply with the OREC program established pursuant to this paragraph through the purchase of offshore wind renewable energy certificates at a price and for the time period required by the board. In the event there are insufficient offshore wind renewable energy certificates available, the electric power supplier or basic generation service provider shall pay an offshore wind alternative compliance payment established by the board. Any offshore wind alternative compliance payments collected shall be refunded directly to the ratepayers by the electric public utilities.
The rules established by the board pursuant to this paragraph shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).
e. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing:
(1) net metering standards for electric power suppliers and basic generation service providers. The standards shall require electric power suppliers and basic generation service providers to offer net metering at non-discriminatory rates to industrial, large commercial, residential and small commercial customers, as those customers are classified or defined by the board, that generate electricity, on the customer’s side of the meter, using a Class I renewable energy source, for the net amount of electricity supplied by the electric power supplier or basic generation service provider over an annualized period. Systems of any sized capacity, as measured in watts, are eligible for net metering [. If], provided, however, that the system shall not be sized in excess of the generation capacity necessary to serve the annualized energy needs of (a) on-site load, inclusive of load associated with a customer-generator receiving physical net metering aggregation service, or (b) load associated with a customer-generator receiving virtual net metering aggregation service. For a customer-generator eligible for virtual net metering aggregation service, the customer-generator may designate other of its net metering instruments to be credited with the kilowatt-hour production from any physical net metering aggregation service, including net annual excess, if any. For physical net metering aggregation and virtual net metering aggregation, if the amount of electricity generated by the customer-generator, plus any kilowatt hour credits held over from the previous billing periods, exceeds the electricity supplied by the electric power supplier or basic generation service provider, then the electric power supplier or basic generation service provider, as the case may be, shall credit the customer-generator for the excess kilowatt hours until the end of the annualized period at which point the customer-generator will be compensated for any remaining credits or, if the customer-generator chooses, credit the customer-generator on a real-time basis, at the electric power supplier’s or basic generation service provider’s avoided cost of wholesale power or the PJM electric power pool’s real-time locational marginal pricing rate, adjusted for losses, for the respective zone in the PJM electric power pool. Alternatively, the customer-generator may execute a bilateral agreement with an electric power supplier or basic generation service provider for the sale and purchase of the customer-generator’s excess generation. The customer-generator may be credited on a real-time basis, so long as the customer-generator follows applicable rules prescribed by the PJM electric power pool for its capacity requirements for the net amount of electricity supplied by the electric power supplier or basic generation service provider. The board may authorize an electric power supplier or basic generation service provider to cease offering net metering whenever the total rated generating capacity owned and operated by net metering customer-generators Statewide equals 2.5 percent of the State’s peak electricity demand;
(2) safety and power quality interconnection standards for Class I renewable energy source systems used by a customer-generator that shall be eligible for net metering.
Such standards or rules shall take into consideration the goals of the New Jersey Energy Master Plan, applicable industry standards, and the standards of other states and the Institute of Electrical and Electronic Engineers. The board shall allow electric public utilities to recover the costs of any new net meters, upgraded net meters, system reinforcements or upgrades, and interconnection costs through either their regulated rates or from the net metering customer-generator; and
(3) credit or other incentive rules for generators using Class I renewable energy generation systems that connect to New Jersey’s electric public utilities’ distribution system but who do not net meter.
Such rules shall require the board or its designee to issue a credit or other incentive to those generators that do not use a net meter but otherwise generate electricity derived from a Class I renewable energy source and to issue an enhanced credit or other incentive, including, but not limited to, a solar renewable energy credit, to those generators that generate electricity derived from solar technologies.
Such standards or rules shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act.”
f. The board may assess, by written order and after notice and opportunity for comment, a separate fee to cover the cost of implementing and overseeing an emission disclosure system or emission portfolio standard, which fee shall be assessed based on an electric power supplier’s or basic generation service provider’s share of the retail electricity supply market. The board shall not impose a fee for the cost of implementing and overseeing a greenhouse gas emissions portfolio standard adopted pursuant to paragraph (2) of subsection c. of this section, the electric energy efficiency portfolio standard adopted pursuant to subsection g. of this section, or the gas energy efficiency portfolio standard adopted pursuant to subsection h. of this section.
g. The board may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), an electric energy efficiency portfolio standard that may require each electric public utility to implement energy efficiency measures that reduce electricity usage in the State by 2020 to a level that is 20 percent below the usage projected by the board in the absence of such a standard. Nothing in this section shall be construed to prevent an electric public utility from meeting the requirements of this section by contracting with another entity for the performance of the requirements.
h. The board may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), a gas energy efficiency portfolio standard that may require each gas public utility to implement energy efficiency measures that reduce natural gas usage for heating in the State by 2020 to a level that is 20 percent below the usage projected by the board in the absence of such a standard. Nothing in this section shall be construed to prevent a gas public utility from meeting the requirements of this section by contracting with another entity for the performance of the requirements.
i. After the board establishes a schedule of solar kilowatt-hour sale or purchase requirements pursuant to paragraph (3) of subsection d. of this section, the board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, increased minimum solar kilowatt-hour sale or purchase requirements, provided that the board shall not reduce previously established minimum solar kilowatt-hour sale or purchase requirements, or otherwise impose constraints that reduce the requirements by any means.
j. The board shall determine an appropriate level of solar alternative compliance payment, and [establish a 15-year solar alternative compliance payment schedule, that permits]permit each supplier or provider to submit an SACP to comply with the solar electric generation requirements of paragraph (3) of subsection d. of this section. The value of the SACP for each Energy Year, for Energy Years 2014 through 2028 per megawatt hour from solar electric generation required pursuant to this section, shall be:
EY 2014 $350
EY 2015 $343
EY 2016 $336
EY 2017 $329
EY 2018 $322
EY 2019 $315
EY 2020 $308
EY 2021 $301
EY 2022 $294
EY 2023 $287
EY 2024 $280
EY 2025 $273
EY 2026 $266
EY 2027 $259
EY 2028 $252
The [board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, an increase in solar alternative compliance payments, provided that the] board shall not reduce previously established levels of solar alternative compliance payments, nor shall the board provide relief from the obligation of payment of the SACP by the electric power suppliers or basic generation service providers in any form. Any SACP payments collected shall be refunded directly to the ratepayers by the electric public utilities.
k. The board may allow electric public utilities to offer long-term contracts through a competitive process, direct electric public utility investment and other means of financing, including but not limited to loans, for the purchase of SRECs and the resale of SRECs to suppliers or providers or others, provided that after such contracts have been approved by the board, the board’s approvals shall not be modified by subsequent board orders.
l. The board shall implement its responsibilities under the provisions of this section in such a manner as to:
(1) place greater reliance on competitive markets, with the explicit goal of encouraging and ensuring the emergence of new entrants that can foster innovations and price competition;
(2) maintain adequate regulatory authority over non-competitive public utility services;
(3) consider alternative forms of regulation in order to address changes in the technology and structure of electric public utilities;
(4) promote energy efficiency and Class I renewable energy market development, taking into consideration environmental benefits and market barriers;
(5) make energy services more affordable for low and moderate income customers;
(6) attempt to transform the renewable energy market into one that can move forward without subsidies from the State or public utilities;
(7) achieve the goals put forth under the renewable energy portfolio standards;
(8) promote the lowest cost to ratepayers; and
(9) allow all market segments to participate.
m. The board shall ensure the availability of financial incentives under its jurisdiction, including, but not limited to, long-term contracts, loans, SRECs, or other financial support, to ensure market diversity, competition, and appropriate coverage across all ratepayer segments, including, but not limited to, residential, commercial, industrial, non-profit, farms, schools, and public entity customers.
n. For projects which are owned, or directly invested in, by a public utility pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), the board shall determine the number of SRECs with which such projects shall be credited; and in determining such number the board shall ensure that the market for SRECs does not detrimentally affect the development of non-utility solar projects and shall consider how its determination may impact the ratepayers.
o. The board, in consultation with the Department of Environmental Protection, electric public utilities, the Division of Rate Counsel in, but not of, the Department of the Treasury, affected members of the solar energy industry, and relevant stakeholders, shall periodically consider increasing the renewable energy portfolio standards beyond the minimum amounts set forth in subsection d. of this section, taking into account the cost impacts and public benefits of such increases including, but not limited to:
(1) reductions in air pollution, water pollution, land disturbance, and greenhouse gas emissions;
(2) reductions in peak demand for electricity and natural gas, and the overall impact on the costs to customers of electricity and natural gas;
(3) increases in renewable energy development, manufacturing, investment, and job creation opportunities in this State; and
(4) reductions in State and national dependence on the use of fossil fuels.
p. Class I RECs and ORECS shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following two energy years. SRECs [and ORECs] shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following [two]four energy years.
q. (1) During the energy years of 2014, 2015, and 2016, a solar electric generation facility project which is not net metered, not an on-site generation facility, or not certified as being located on a brownfield or a properly closed sanitary landfill facility, as provided pursuant to subsection t. of this section, shall be considered “connected to the distribution system” if (a) the facility files a notice with the board indicating its intent to qualify under this subsection; and (b) the capacity of the facility, when added to the capacity of other facilities that have been approved for connection prior to the facility’s filing under this subsection, does not exceed 100 megawatts in the aggregate for each year. The board shall act within 180 days of its receipt of a completed application for designation of a solar power electric generation facility as “connected to the distribution system,” to either approve, conditionally approve, or disapprove the application. Filings made pursuant to this subsection shall include a notice escrow of $40,000 per megawatt of the proposed capacity of the facility. The notice escrow shall be reimbursed to the facility in full upon the facility entering commercial operation, or shall be forfeited to the State if the facility is determined to be “connected to the distribution system” pursuant to this paragraph but does not enter commercial operation pursuant to paragraph (2) of this subsection.
(2) If the proposed solar power electric generation facility does not commence commercial operations within two years following the date of the designation by the board pursuant to this subsection, the designation of the facility as “connected to the distribution system” shall be deemed to be null and void, and the facility shall thereafter be considered not “connected to the distribution system.”
r. (1) For solar power electric generation facility projects proposed in addition to those approved pursuant to subsection q. of this section and for all projects proposed in each energy year following energy year 2016, a proposed solar power electric generation facility that is neither net metered nor an on-site generation facility, may be considered “connected to the distribution system” only upon designation as such by the board, after notice to the public and opportunity for public comment or hearing. A proposed solar power electric generation facility seeking board designation as “connected to the distribution system” shall submit an application to the board that includes for the proposed facility: the nameplate capacity; the estimated energy and number of SRECs to be produced and sold per year; the estimated annual rate impact on ratepayers; the estimated capacity of the generator as defined by PJM for sale in the PJM capacity market; the point of interconnection; the total acreage and location; the current land use designation of the property; the type of solar technology to be used; and other such information as the board shall require.
(2) The board shall approve the designation of the proposed solar power electric generation facility as “connected to the distribution system” if the board determines that:
(a) the SRECs forecasted to be produced by the facility do not have a detrimental impact on the SREC market or on the appropriate development of solar power in the State;
(b) the loss of tillable acreage that would result from the approval of the designation of the proposed facility, together with the tillable acreage of all other facilities approved pursuant to this subsection, would cumulatively constitute a loss of less than one percent of the total tillable acres of farmland in the State on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), pursuant to information provided by the New Jersey Department of Agriculture; and
(c) the impact of the designation on electric rates and economic development is beneficial.
(3) The board shall act within 180 days of its receipt of a completed application for designation of a solar power electric generation facility as “connected to the distribution system,” to either approve, conditionally approve, or disapprove the application. If the proposed solar power electric generation facility does not commence commercial operations within two years following the date of the designation by the board pursuant to this subsection, the designation of the facility as “connected to the distribution system” shall be deemed to be null and void, and the facility shall thereafter be considered not “connected to the distribution system.”
s. Notwithstanding the foregoing provisions of this section, a solar power electric generation facility located on farmland, and not heretofore approved pursuant to subsection q. of this section, shall not be considered “connected to the distribution system” unless the facility has been approved as such by the board and (a) PJM issued a System Impact Study for the facility prior to March 31, 2011; (b) the facility files a notice with the board within 60 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), indicating its intent to qualify under this subsection.
t. No more than 180 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall, in consultation with the Department of Environmental Protection and the New Jersey Economic Development Authority, and, after notice and opportunity for public comment and public hearing, complete a proceeding to establish a program to provide SRECs to owners of solar power electric generation facility projects certified by the board as being located on a brownfield or a properly closed sanitary landfill facility. Projects certified under this subsection shall (1) be considered “connected to the distribution system” and shall not require such designation by the board and (2) shall not be subject to board review required pursuant to subsections q. and r. of this section. For projects certified under this subsection, the board shall credit additional incentives to be determined by the board for each megawatt hour (MWh) of solar energy that is generated by the project. The issuance of SRECs for all solar electric generation facility projects pursuant to this subsection shall be deemed “Board of Public Utilities financial assistance” as provided under section 1 of P.L.2009, c.89 (C.48:2-29.47).
u. No more than 180 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall complete a proceeding to establish a registration program. The registration program shall require the owners of solar power electric generation facility projects connected to the distribution system to make periodic milestone filings with the board in a manner and at such times as determined by the board to provide full disclosure and transparency regarding the overall level of development and construction activity of those projects Statewide.
v. The issuance of SRECs for all solar power electric generation facility projects pursuant to this section, for projects connected to the distribution system with a capacity of one megawatt or greater, shall be deemed “Board of Public Utilities financial assistance” as provided pursuant to under section 1 of P.L.2009, c.89 (C.48:2-29.47).
(cf: P.L.2010, c.57, s.2)
3. This act shall take effect immediately.
STATEMENT
The bill amends sections 3 and 38 of P.L.1999, c.23 (C.48:3-49 et al.) (“EDECA”) concerning solar renewable energy programs, purchase requirements, and net metering standards. The bill would provide that a solar power electric generation facility shall be deemed by the Board of Public Utilities (“BPU”) as “connected to the distribution system” (“connected”) if it is: (1) connected to a net metering customer’s side of a meter, regardless of the voltage at which that customer connects to the electric grid, or (2) directly connected to the electric grid at 69kilovolts or less, regardless of how an electric public utility classifies that portion of its electric grid, except that a solar facility that is neither net metered nor an on-site generation facility would not be considered “connected” unless it was designated as such by the BPU as provided pursuant to the bill’s provisions except that, during the energy years of 2014 through 2016, a solar electric generation facility project which is not net metered, not an on-site generation facility, and not certified as being located on a brownfield or a properly closed sanitary landfill facility shall be considered “connected” if the capacity of the facility, when added to the capacity of other facilities that have been approved for connection prior to the facility’s filing, does not exceed 100 megawatts in the aggregate for each energy year. Such facilities would not be subject to BPU review. Failure to commence commercial operations within two years following the date of the “connected” designation would void the designation.
Notwithstanding the foregoing criteria, the BPU must approve the designation of the proposed facility as “connected” if it determines that: (1) the solar renewable energy certificates (“SREC”s) forecasted to be produced by the facility do not have a detrimental impact on the SREC market or on the appropriate development of solar power in the State; (2) the loss of tillable acreage that would result from the approval of the designation of the proposed facility, together with the tillable acreage of all other similar facilities, would cumulatively constitute a loss of less than one percent of the total tillable acres of farmland in the State on the date of the bill’s enactment, pursuant to information provided by the New Jersey Department of Agriculture; and (3) the impact of the designation on electric rates and economic development is beneficial provided, however, that a solar facility constructed on farmland would not be considered “connected” unless it is approved by the BPU as such and (a) it is approved as a facility not subject to BPU review for energy years 2014, 2015, or 2016, or (b) PJM issued a System Impact Study for the facility prior to March 31, 2011 and the facility files a notice with the board within 60 days of the bill’s effective date indicating its intent to qualify as connected under the bill.
The bill directs the BPU, to within 180 days of the bill’s enactment, in consultation with the Department of Environmental Protection and the New Jersey Economic Development Authority, establish a program to provide SRECs to owners of solar power electric generation facility projects certified as being located on a brownfield or a properly closed sanitary landfill facility and provide that such projects shall (1) be considered “connected to the distribution system,” (2) not be subject to board review, and (3) be credited additional incentives for each megawatt hour of solar energy that is generated by the project.
The bill provides that the issuance of SRECs for projects located on brownfields and landfills, and for projects greater than one megawatt are to be deemed “Board of Public Utilities financial assistance” as provided under section 1 of P.L.2009, c.89 (C.48:2-29.47), to provide that prevailing wage rates would apply to such projects.
The bill requires the BPU to establish a solar registration program, which would require that all owners of solar electric power generation facilities that are filing with the BPU for approval to generate SRECs, to file documents detailing the size, location, interconnection plan, land use, and other project information as required by the BPU.
The bill would extend the scope of “Class I renewable energy” producers to include small scale hydropower facilities with a capacity of three megawatts or less that are put into service after the effective date of the bill. “Small scale hydropower facility” is defined to mean a facility located within New Jersey that is connected to the distribution system, and that meets the requirements of, and has been certified by, a nationally recognized low-impact hydropower organization. Electricity from any hydropower facility with a capacity greater than three megawatts would be included in the category of “Class II renewable energy.”
The bill would provide that for a resource recovery facility to be considered as generating Class II renewable energy, the facility must be in compliance with current environmental standards, including, but not limited to, all applicable requirements of the federal “Clean Air Act.” The bill clarifies that a “combined heat and power facility” or “co-generation facility” means a generation facility which produces electric energy and steam. The bill also provides that an on-site generation facility shall include an on-site facility that produces Class I or Class II renewable energy.
The bill would change the solar alternative compliance payment (“SACP”) schedule from a 15-year schedule with obligations set by the board to a statutorily established schedule with specifically prescribed SACP values for each energy year.
The bill revises the multi-year schedule of Statewide solar gigawatt hour requirements applicable to electric power suppliers and basic generation providers for Energy Years 2014 to 2028. The requirements are stated in percentages, instead of being enumerated in gigawatt hours, from 1.832% in 2014 to 3.730% in 2028 and every energy year thereafter. The bill also provides for the BPU to determine whether a provider or supplier is in compliance with annual renewable portfolio standards within a period of no less than 120 days following the end of an energy year, and to provide for a future adjustment in annual Statewide gigawatt hour requirements based upon any shortfall that is determined by the BPU.
The bill requires the BPU to, within 24 months following enactment, complete a proceeding to investigate approaches to mitigate solar development volatility and prepare and submit a report to the Governor and the Legislature, detailing its findings and recommendations. As part of the proceeding, the BPU must evaluate other techniques used nationally and internationally.
The bill would provide that the additional solar purchase requirements distributed over the electric power providers not subject to the existing supply contract exemption provided under section 38 of EDECA, shall be distributed in a manner that is competitively neutral among all providers, such that non-exempt providers are assigned the requirements that would have otherwise been assigned to the exempt providers.
The bill provides that long-term SREC purchase contracts offered by the BPU, shall be offered through a competitive process, including direct investment by electric utilities.
Finally, the bill revises the BPU’s mandate concerning the prescribing of standards under which basic generation service providers and electric power suppliers must offer net metering to their customers that generate electricity, on the customer side of the meter, using a Class I renewable energy source, for a customer that is a school district, county or municipality, including any agency, authority, or other entity thereof (“customer-generators”). Specifically, the bill expands the eligibility requirements for the provision of net metering to customer-generators when the generation is occurring on two or more properties owned or leased and operated by customer-generators where those properties are either: (1) contiguous to each other within the service territory of one electric utility (“physical net metering aggregation”); or (2) non-contiguous but within three miles of each other property of the customer-generator within the service territory of one electric utility (“virtual net metering aggregation”). Further, the bill allows customer-generators receiving virtual net metering aggregation service to designate other of its net metering instruments to be credited with the kilowatt-hour production from its physical net metering aggregation service, including net annual excess, if any.
Solar installers and investors in New Jersey have been expecting a legislative fix to the SREC market. The market prices have collapsed to the $100 level this past year due to overbuilding of solar compared to the state requirements. Changes in legislation could correct the market to take into account the lower cost of solar. Potential changes to legislation are an increase in the renewable portfolio standard RPS and a decrease in the solar alternative compliance payment SACP.
Activity was brisk on the spot market on Flett Exchange today with the market rallying $7.50 for a settlement of $110.00 for energy year 2012 SRECs. As of 3pm the market was showing buyers willing to pay $110 per SREC with sellers willing to accept $120 to sell.
Selling volume continues to be light with many sellers still holding out for higher prices. Large blocks of SRECs are commanding higher prices once again. Flett Exchange brokers large blocks for single sellers directly or through aggregation, thus achieving premiums for its sellers. Large sellers are encouraged to call the trading desk directly at 201-209-0234.
More about Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,200 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The New Jersey SREC market traded below $100 for energy year 2012 SRECs on Thursday, April 19, 2012. The settlement price on the Flett Exchange was $88.94. The New Jersey 2012 SREC market has been plummeting since a peak of $282.50 on December 29, 2011. Last year at this time, the 2011 SRECs were trading $655.
The SREC prices in New Jersey have collapsed because investors installed too much solar compared to this years’ NJ State mandates. Month after month new solar arrays are being turned on adding more of a surplus. The New Jersey Office of Clean Energy announced this week that there were 41 Mw installed state-wide in March. This brings the installed capacity to 729Mw. There will be enough solar to produce at least 900,000 SRECs for energy year 2013. The current State law mandates the purchase of only 596,000 for energy year 2013. This year there will most likely be a surplus of 200,000 SRECs.
The NJ SREC market will most likely be oversupplied for years to come UNLESS there is new legislation requiring the energy companies to purchase more SRECs. There is a high possibility that this may happen in the next few months. The reason is because current State law mandating solar is outdated based upon the significantly lower cost to install solar today. When the law was put into place in January of 2010 it assumed that the cost to install solar would drop by 2.5% per year. Install costs have dropped 30% to 40% in the last 2 years. There is now an opportunity to adjust the law to take advantage of these positive developments. The adjustments that can be made would soak up the oversupply created in the last year, reduce ratepayer exposure by lowering the fine or SACP level, and accelerate the rate of solar installations. The States’ Renewable Portfolio Standard goals would be achieved sooner and cheaper then previously anticipated.
One reason why the market is continually adding capacity when it is so grossly oversupplied is because solar facilities that were given fixed long term contracts at higher prices under the EDC financing continue to be built. The owners of those projects have no SREC price risk. The ratepayer makes up any losses for those fixed rate contracts, which last 10 years. Once those projects finish, the monthly build rates are expected to drop. This should happen this summer.
More About Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,200 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The Maryland Senate passed legislation, Senate Bill 791, increasing the minimum percentage of Tier 1 renewable energy the must be derived from solar in the Maryland renewable energy portfolio standard. It will increase the amount of Solar Renewable Energy Certificates SRECs that the energy companies will have to buy from owners of solar. Now, the Governor just has to sign it.
The increases run from energy year 2013 to 2021. Matter deleted is in [brackets], amendments are in bold.
(8) in 2013, 8.2% from Tier 1 renewable sources, including at least
2 [0.2%] 0.25% derived from solar energy, and 2.5% from Tier 2 renewable sources;
3 (9) in 2014, 10.3% from Tier 1 renewable sources, including at least
4 [0.3%] 0.35% derived from solar energy, and 2.5% from Tier 2 renewable sources;
5 (10) in 2015, 10.5% from Tier 1 renewable sources, including at least
6 [0.4%] 0.5% derived from solar energy, and 2.5% from Tier 2 renewable sources;
7 (11) in 2016, 12.7% from Tier 1 renewable sources, including at least
8 [0.5%] 0.7% derived from solar energy, and 2.5% from Tier 2 renewable sources;
9 (12) in 2017, 13.1% from Tier 1 renewable sources, including at least
10 [0.55%] 0.95% derived from solar energy, and 2.5% from Tier 2 renewable sources;
11 (13) in 2018, 15.8% from Tier 1 renewable sources, including at least
12 [0.9%] 1.40% derived from solar energy, and 2.5% from Tier 2 renewable sources;
13 (14) in 2019, 17.4% from Tier 1 renewable sources, including at least
14 [1.2%] 1.75% derived from solar energy, and 0% from Tier 2 renewable sources;
15 (15) in 2020, 18% from Tier 1 renewable sources, including at least
16 [1.5%] 2.0% derived from solar energy, and 0% from Tier 2 renewable sources;
17 (16) in 2021, 18.7% from Tier 1 renewable sources, including at least
18 [1.85%] 2.0% derived from solar energy, and 0% from Tier 2 renewable sources; and
19 (17) in 2022 and later, 20% from Tier 1 renewable sources, including at
20 least 2% derived from solar energy, and 0% from Tier 2 renewable sources.
Since SREC demand is based on a percentage of power in Maryland instead of a fixed rate the ultimate SREC requirement in future years is very hard to estimate, especially 5 to 10 years out. Large amounts of energy efficiency could decrease electricity consumption in the future, while increasing economic activity coupled with electric vehicles could increase electricity demand in the future. The law increases help with short term demand, however long term SREC demand is hard to quantify.
Owners of solar in Maryland utilize Flett Exchange to sell their SRECs directly to the highest bid on the Flett Exchange Maryland SREC Market. Electric companies utilize Flett Exchange to purchase SRECs to comply with Maryland renewable portfolio standards (RPS). The RPS requires the purchase of SRECs by electric suppliers if those suppliers do not generate a minimum percentage of the supplied electricity with solar.
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,200 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC, supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
In past years, waiting until the end of the energy year to sell spot SRECs has always brought higher prices for sellers. This year things may not be that straightforward because it is the first year that there are more SRECs produced than electric producers are required to purchase. The energy year in New Jersey runs from June until May. Traditionally the prices have been highest in the summer month’s right after the end of the energy year and before compliance payments are due. Energy Producers are required to purchase SRECs or make compliance payments to the State of New Jersey for any shortage of SREC purchases. Buyers have stopped buying SRECs in late August in past years to give enough time to complete filing paperwork. This year buyers will stop buying when they have fulfilled their requirement. It is difficult for sellers to determine when, and at what price the buyers will finish.
This energy year (2012) the SREC market is estimated by some to be oversupplied by over 200,000 SRECs. The purchase requirement is for 442,000 SRECs but the Statewide installed solar capacity may produce somewhere around 650,000 SRECs. The only hope to support and possibly push prices higher for a few years is for the State of New Jersey to pass some type of legislation to increase the RPS (renewable portfolio standard). The RPS dictates the amount of SRECs that need to be purchased. Because of this oversupply, waiting until the summer months to sell all your SRECs could be a mistake. Buyers may have already met their compliance by then and not need to buy any more SRECs for this energy year.
Banking SRECs is a topic that has come up quite often. NJ SRECs can be used for compliance in the energy year that they are produced and two subsequent energy years. Since the SRECs are usable for three energy years compliance buyers have the option to purchase SRECs for future compliance. They will only do this if the price of the SRECs is low enough to justify purchasing and holding SRECs for the next few years. Anyone who banks SRECs should keep in mind that if the installation of new solar continues at current rates, prices may never go back up significantly without some type of legislative intervention. Holding your SRECs may leave you exposed to the decay of time. SRECs that have less of a life have a tendency to be discounted. Energy year 2012 SRECs held over for next year may be worth about $20 to $30 less than the spot market 2013 SRECs. Regardless, without a change is legislation, approximately 200,000 SRECs will have to be held by a combination of sellers holding and buyers banking.
Selling at the highest price is generally the luck of timing. Selling SRECs on a monthly or quarterly basis will reduce the likelihood of selling all of your SRECs at the market lows.
Even if you sell SRECs at low prices now, and prices increase in the future, at least you get to participate at the higher prices for future SRECs that you generate. If you hold all of your SRECs and the prices continue to drop you will have all your SRECs to sell at low prices. Your system produces SRECs for 15 years in NJ.
We may see some type of legislation introduced this spring/summer similar to the bill that failed to be posted in the last State Legislature. That legislation called for an increase in the RPS. If that bill was introduced and passed by the Legislature we understand that the Governors office was willing to negotiate and pass a bill supporting the SREC market and those residents, business, schools and municipalities that invested in solar. The prices were expected to be supported and trade between $300 and $400 if that bill was passed. The future legislation is not expected to increase the RPS until 2014 because the BGS auction was just conducted. The details of this potential legislation will dictate the level of support. It may be expected to support the spot SREC market in the $200 to $300 range due to the delay until 2014. If no legislation is passed, it is expected that the SREC market will remain weak and stay that way for years.
There is an outside chance that SREC prices could rally if a large segment of the marketplace holds out to sell for higher prices. This year energy companies have already secured SREC supply from long term contracts, spot purchases during the last seven months and SRECs sold through the EDC auctions. (Two weeks ago the EDC’s sold over 26,000 SRECs at $171.63) The rest of their purchases will have to come from the spot marketplace. We estimate that there are approximately 250,000 SRECs that need to be purchased on the spot market this year. If the oversupply is 200,000 SRECs then the market will only become short if the spot sellers collectively hold back 45% of their production. Based on conversations with many of the sellers we feel that the market as a whole is unconsciously collectively doing just that. Our trading screen is loaded with sellers who have placed orders going back to last August at higher prices. As prices go lower the volume of selling on Flett Exchange has decreased. There will be a price point in which buyers will not be able to procure enough SREC for this year’s compliance. We are not sure if that price is $150 or $100 but we are approaching it soon. The answer to that will lie in what price level are sellers willing to hold onto 200,000 SRECs for one more additional year. We don’t place a high probability on a significant rally. We decided to write about it here only to hedge against the possibility of it happening and being criticized by sellers if a significant rally scenario materializes.
Since solar install costs have decreased substantially SREC expectations should be recalibrated to the $150 to $350 range for the long term. There may be a possibility of prolonged periods of lower prices if the capacity remains overbuilt compared to State goals.
We will keep our customers up to date on any legislation as it becomes available. Flett Exchange representatives will also stay engaged on the legislative front to communicate the supply/demand dynamics of the SREC market to the State Legislature and Governors Office. We are committed to protecting our customers who have installed solar so that they are not disenfranchised by future policy decisions. We also support legislation and policy that rewards those who took risk to install renewable energy but not legislation that shifts risk to ratepayers or energy providers and guarantees fixed subsidies.
I know this is complicated for many of the sellers. Feel free to call us here on the trading desk if you have any questions. If you would like to sell SRECs you can log onto the trading platform with your user name and password or call one of us on the trading desk and we can execute the sale for you. You can also transfer SRECs to us on GATS and we will execute the trade for you if you have an account. Check our homepage for our “sell now” price. We will issue the check the following day. Our number is 201-209-0234. Live prices are available on our trading platform 24 hours a day. We provide daily settlement prices for SRECs on our website as well at www.flettexchange.com.
More About Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, and DC supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. (201) 209-0234.
DISCLAIMER: This article contains forward looking statements. Actual market action could differ materially from those anticipated. Sellers of SRECs should do their own research. Actual SREC production may differ significantly from those estimates. The company assumes no obligation to update any forward-looking statement.
The Electric Distribution Companies (EDCs) sold 26,480 New Jersey Solar Renewable Energy Certificates (SRECs) yesterday. The clearing price for the auction was $171.63. The SRECs were auctioned off by NERA Economic Consulting, a consultant to the Board of Public Utilities. This was the lowest price for a spot sale of SRECs since the $180.00 settlement price on September 7, 2011 on the Flett Exchange.
The auctions are conducted quarterly. Due to the large volume of SRECs in these auctions, the clearing price is significant to the marketplace. Prior to the auction the settlement prices on Flett Exchange have been consistently trading at $195 for the past 30 days.
The SRECs in this auction are from solar installations that were given 10 year fixed price contracts by the local distribution companies JCP&L, Atlantic City Electric, Rockland Electric Company. Some of the SRECs are from the facilities that borrowed under the PSE&G Solar Loan Program and PSE&G investment under Solar for All. The Board of Public Utilities ordered the EDC’s to enter into long term fixed rate contracts 3 years ago to spur solar development in New Jersey. The majority of the SRECs from the JCP&L, ACE and RECO long term contracts were in excess of $400 per SREC. The ratepayer will have to make up the difference of the long term purchase price and the auction sales price achieved yesterday. Most ratepayer losses will be in excess of $230 per SREC. Solar developers are paid their contract price of $400 or more for most of the SRECs. The PSE&G loan program had a sliding fixed price scale that has lower SREC prices and the 11% interest paid by solar developers is credited back to ratepayers, less costs incurred by PSE&G.
The prices for New Jersey SRECs have been under pressure during the last year due to overbuilding by solar developers. Developers have continued to install solar even though the installed capacity is in excess of the mandated SREC purchase requirements set forth in law. At the current time there is 649 mw of installed solar capacity installed in the State of New Jersey. This installed capacity, along with future installs, (estimating that installations will drop off significantly) will produce in excess of 200,000 SRECs in addition to next years 596,000 purchase requirements for electric providers. This year there is also expected to be over 200,000 extra SRECs compared to the purchase requirement of 442,000 SRECs. Even though the requirement increases significantly every year, the SREC market in New Jersey is expected to be oversupplied possibly to 2017. There has been a political push in the last 8 months to increase the amount of SRECs the electric companies have to purchase.
The majority of investors in solar in New Jersey did not get the long term ratepayer fixed price SREC contracts. Those investors rate of return have dropped significantly due to the overbuilding of solar and subsequent SREC price drop. The ratepayers in New Jersey are benefitting directly by the lower SREC prices (except for those facilities that were covered by EDC long term contracts). Some homeowners, businesses, and municipalities who installed solar in the last year at high install rates and expected to sell SRECs at $600 or more are having a hard time making loan payments. New solar facilites are much cheaper today compared to previous years. This is due to the low prices of solar panels along with the mature installation infrastructure in New Jersey that has increased competition. These new facilites will only need an SREC value of $200 to $300 to reach the same rate of return more expensive facilities needed.
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 4,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs through our brokers or on our online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. 201-209-0234
The New Jersey SREC market has slid below $200 for the first time since September 15, 2011. The Flett Exchange marketplace settled at $195.50 today for immediate payment and delivery. Oversupply of SRECs and the lack of corrective legislative action has caused the SREC market to drop over $80 in the last week. Draft recommendations by the Office of Clean Energy suggesting the continuation of Electric Distribution Companies EDC long term contracting were discussed last week during a renewable energy committee meeting. This has caused further weakening in the SREC market. Long term EDC contracting is backed by ratepayers with 10 year fixed contracts. These contracts allow new solar to be developed risk free by solar developers. Continuation of these programs may further exacerbate oversupply and depress prices. There are still close to 88mw of EDC backed projects in the pipeline that will be installed in the next 6 months. The majority of the installations in New Jersey do not have ratepayer backed contracts. The owners of those systems may experience significant price discounts if the solar development continues in excess of the states RPS. All previous EDC backed long term contracts are at above market rates with the difference absorbed by ratepayers.
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 3,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. 201-209-0234
The much anticipated solar legislation (s-2371) failed to be posted during the last day of the New Jersey Legislature. The main intention of this legislation was to increase the amount of SRECs that the power companies in New Jersey have to purchase. This is needed to soak up the excess amount of SRECs because developers installed 3 times more than the amount of solar required in the present year due to dropping installed costs of solar and large solar installations. If the legislation is not passed it is expected that the SREC market will continue its crash and the amount of installations will have to virtually cease for the next few years before the State mandates catch up. Investors in solar will suffer from low SREC prices and solar business in New Jersey may have to close down.
The bill would have also lowered fine levels levied against power companies if they did not produce a certain amount of solar power each year. The potential savings to homeowners, municipalities and business’ would have been close to 1 billion dollars over the course of the legislation if it was passed.
The bill was introduced by the Democratic controlled legislature, sponsored by Senator Bob Smith. The Republican Governors office submitted responses on Sunday for the legislature to consider. The Governors office supported an increase in the RPS to stabilize the market. The deal fell apart because of a disagreement of how to handle grid connected projects. The Christie administration suggested having all non-net metered projects seek Board of Public Utility BPU approval. These projects would not be approved if they would have a detrimental effect on the SREC market. The issue was too complicated to be resolved in the short amount of time left in the last day of the legislative session.
The bill will have to be introduced in the next legislative session.
The SREC market has dropped instantly to $200.
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Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 3,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
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The New Jersey Telecommunications and Utilities Committee passed s-2371 yesterday. It now needs to be passed by the legislature. This bill has a new schedule that will soak up the oversupply of SRECs due to the overbuilding of solar in the State in the past 12 months. Solar developers have flooded the market by installing an average of over 30mw a month in the last year compared to the build requirement of only 10mw a month.
If passed by the legislature it will eventually have to be approved by Governor Christie before it becomes law. He can either sign it as is, conditionally veto it or pocket veto it. This all has to be done by midnight on Monday January 9th 2012 before the end of this legislative session.
If it is not passed with this build-out schedule it is expected that the SREC market will collapse instantly to the $150 lows experienced this past summer, or even lower. It then has the potential to move under $100 if the build rate of solar continues through the spring and summer. It is expected that the market will be 35 to 45% oversupplied with solar and SRECs compared to this years’ mandates. Energy companies are required to purchase 442,000 SRECs in the current Energy Year. There will most likely be 600,000 to 650,000 SRECs produced. The extra 150,000 to 200,000 SRECs will sit in the market and depress prices for years even if solar development decreases 95%. If the legislation passes as is the SREC prices should stabilize and potentially move into the mid $300s.
If the legislation is passed without major changes and is signed by Governor Christie the prices should stabilize. Even with the increases shown in the bill the solar industry will sill have to contract by 50% in the coming 5 years to avoid another overbuild situation. The passage of this bill will most likely help retain 60% of the solar jobs in New Jersey.
State Senator Bob Smith and Assemblyman Upendra Chivakula have been diligently monitoring the solar industry in New Jersey during the past few months and support this legislation to avoid an absolute crash of the solar industry in New Jersey. The bill takes into account recent developments of the significant decreases in the installed cost of solar due to the low prices of solar panels and the mature solar industry in New Jersey.
The Division of the Rate Council office of New Jersey has been diligently challenging the bill and has reportedly been advocating for significant savings to ratepayers. They are a critical piece of this process. It is expected that the Christie Administration will not even consider the changes if there are not savings to homeowners and business in the State. Without the ratepayer advocates office this bill would most likely not had the concessions which the Christie Administration is most likely looking for.
The following is the new RPS and SACP schedule. For the most part it requires the energy companies to purchase more SRECs in the next few years. This added cost is offset partially by the decrease in the SACP or “fine” that power companies have to pay if there is not enough solar installed. The SACP levels are decreased based upon the lower cost of installing solar today versus the cost of solar when the original law was passed just two years ago. Everyone can calculate savings in different ways and make the numbers look different. It is in our opinion that there is 800 million in potential savings to ratepayers if this bill passes. This is using a high NPV of 8.37. If a lower NPV is used the savings will go easily over 1 billion dollars. The savings are measured out to 2026 to make a comparison and we used the SACP which is what the rate payer advocate uses. These new SREC requirements will only increase the solar build rates from the current 10mw to 14 to 18 mw per month for the next few years. The industry built over 30mw a month this year. The ultimate amount of solar is not being increased, it is just happening sooner. This is logical since the cost of solar is almost half of what it was just a few years ago. New Jersey will get solar quicker and cheaper with this new schedule.
The following is the new schedule:
EY2013 1,020 Gwhrs
EY2014 1,264 Gwhrs
EY2015 1,450 Gwhrs
EY2016 1,680 Gwhrs
EY2017 1,987 Gwhrs
EY2018 2,180 Gwhrs
EY2019 2,368 Gwhrs
EY2020 2,510 Gwhrs
EY2021 2,709.658 Gwhrs
EY2022 2,929.164 Gwhrs
EY2023 3,166.451 Gwhrs
EY2024 3,422.96 Gwhrs
EY2025 3,700.249 Gwhrs
EY2026 4,000 Gwhrs
EY 2027 4,200 Gwhrs
EY 2028 4,400 Gwhrs
EY 2029 4,600 Gwhrs
EY 2030 4,800 Gwhrs
EY20312 , and for every energy year thereafter, at least 2[5,316] 5,0002
Old Schedule:
1[EY 2013 596 Gwhrs
EY 2014 772 Gwhrs
EY 2015 965 Gwhrs
EY 2016 1,150 Gwhrs
EY 2017 1,357 Gwhrs
EY 2018 1,591 Gwhrs
EY 2019 1,858 Gwhrs
EY 2020 2,164 Gwhrs
EY 2021 2,518 Gwhrs
EY 2022 2,928 Gwhrs
EY 2023 3,433 Gwhrs
EY 2024 3,989 Gwhrs
EY 2025 4,610 Gwhrs
EY 2026 5,316 Gwhrs
New SACP (fine)
EY 2013 $437
EY 2014 $422
EY 2015 $407
EY 2016 $393
EY 2017 $377
EY 2018 $362
EY 2019 $347
EY 2020 $334
EY 2021 $320
EY 2022 $307
EY 2023 $298
EY 2024 $289
EY 2025 $281
EY 2026 $272
EY 2027 $270
EY 2028 $265
EY 2029 $260
EY2030 $255
EY2031 $2502
Old SACP (fine):
EY 2013 $641
EY 2014 $625
EY 2015 $609
EY 2016 $594
EY 2017 $475*
EY 2018 $463*
EY 2019 $451*
EY 2020 $440*
EY 2021 $429*
EY 2022 $418*
EY 2023 $418*
EY 2024 $407*
EY 2025 $397*
EY 2026 $387*
EY 2027 $377*
*proposed
The Christie Administration will need to review the bill. There are also other aspects in the bill that will be considered and have the potential of preventing its passage. One last minute insertion by some solar industry insiders is a requirement that the ratepayer back a minimum of 30% of all new development in the State by forcing long term SREC contracts on ratepayers
Here is the bill:
ASSEMBLY TELECOMMUNICATIONS AND UTILITIES COMMITTEE
A M E N D M E N T S
to
[First Reprint]
SENATE, No. 2371
(Sponsored by Senator SMITH )
REPLACE TITLE TO READ:
An Act concerning 1[certain contracts for the purchase of]1 2[solar renewable energy 1[certificates] portfolio standards1] energy efficiency and renewable energy2 and amending P.L.1999, c.23.
INSERT NEW SECTION 1 TO READ:
21. Section 3 of P.L.1999, c.23 (C.48:3-51) is amended to read as follows:
3. As used in P.L.1999, c.23 (C.48:3-49 et al.):
“Assignee” means a person to which an electric public utility or another assignee assigns, sells or transfers, other than as security, all or a portion of its right to or interest in bondable transition property. Except as specifically provided in P.L.1999, c.23 (C.48:3-49 et al.), an assignee shall not be subject to the public utility requirements of Title 48 or any rules or regulations adopted pursuant thereto;
“Base load electric power generation facility” means an electric power generation facility intended to be operated at a greater than 50 percent capacity factor including, but not limited to, a combined cycle power facility and a combined heat and power facility;
“Base residual auction” means the auction conducted by PJM, as part of PJM’s reliability pricing model, three years prior to the start of the delivery year to secure electrical capacity as necessary to satisfy the capacity requirements for that delivery year;
“Basic gas supply service” means gas supply service that is provided to any customer that has not chosen an alternative gas supplier, whether or not the customer has received offers as to competitive supply options, including, but not limited to, any customer that cannot obtain such service for any reason, including non-payment for services. Basic gas supply service is not a competitive service and shall be fully regulated by the board;
“Basic generation service” or “BGS” means electric generation service that is provided, to any customer that has not chosen an alternative electric power supplier, whether or not the customer has received offers for competitive supply options, including, but not limited to, any customer that cannot obtain such service from an electric power supplier for any reason, including non-payment for services. Basic generation service is not a competitive service and shall be fully regulated by the board;
“Basic generation service provider” or “provider” means a provider of basic generation service;
“Basic generation service transition costs” means the amount by which the payments by an electric public utility for the procurement of power for basic generation service and related ancillary and administrative costs exceeds the net revenues from the basic generation service charge established by the board pursuant to section 9 of P.L.1999, c.23 (C.48:3-57) during the transition period, together with interest on the balance at the board-approved rate, that is reflected in a deferred balance account approved by the board in an order addressing the electric public utility’s unbundled rates, stranded costs, and restructuring filings pursuant to P.L.1999, c.23 (C.48:3-49 et al.). Basic generation service transition costs shall include, but are not limited to, costs of purchases from the spot market, bilateral contracts, contracts with non-utility generators, parting contracts with the purchaser of the electric public utility’s divested generation assets, short-term advance purchases, and financial instruments such as hedging, forward contracts, and options. Basic generation service transition costs shall also include the payments by an electric public utility pursuant to a competitive procurement process for basic generation service supply during the transition period, and costs of any such process used to procure the basic generation service supply;
“Board” means the New Jersey Board of Public Utilities or any successor agency;
“Bondable stranded costs” means any stranded costs or basic generation service transition costs of an electric public utility approved by the board for recovery pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.), together with, as approved by the board: (1) the cost of retiring existing debt or equity capital of the electric public utility, including accrued interest, premium and other fees, costs and charges relating thereto, with the proceeds of the financing of bondable transition property; (2) if requested by an electric public utility in its application for a bondable stranded costs rate order, federal, State and local tax liabilities associated with stranded costs recovery or basic generation service transition cost recovery or the transfer or financing of such property or both, including taxes, whose recovery period is modified by the effect of a stranded costs recovery order, a bondable stranded costs rate order or both; and (3) the costs incurred to issue, service or refinance transition bonds, including interest, acquisition or redemption premium, and other financing costs, whether paid upon issuance or over the life of the transition bonds, including, but not limited to, credit enhancements, service charges, overcollateralization, interest rate cap, swap or collar, yield maintenance, maturity guarantee or other hedging agreements, equity investments, operating costs and other related fees, costs and charges, or to assign, sell or otherwise transfer bondable transition property;
“Bondable stranded costs rate order” means one or more irrevocable written orders issued by the board pursuant to P.L.1999, c.23 (C.48:3-49 et al.) which determines the amount of bondable stranded costs and the initial amount of transition bond charges authorized to be imposed to recover such bondable stranded costs, including the costs to be financed from the proceeds of the transition bonds, as well as on-going costs associated with servicing and credit enhancing the transition bonds, and provides the electric public utility specific authority to issue or cause to be issued, directly or indirectly, transition bonds through a financing entity and related matters as provided in P.L.1999, c.23, which order shall become effective immediately upon the written consent of the related electric public utility to such order as provided in P.L.1999, c.23;
“Bondable transition property” means the property consisting of the irrevocable right to charge, collect and receive, and be paid from collections of, transition bond charges in the amount necessary to provide for the full recovery of bondable stranded costs which are determined to be recoverable in a bondable stranded costs rate order, all rights of the related electric public utility under such bondable stranded costs rate order including, without limitation, all rights to obtain periodic adjustments of the related transition bond charges pursuant to subsection b. of section 15 of P.L.1999, c.23 (C.48:3-64), and all revenues, collections, payments, money and proceeds arising under, or with respect to, all of the foregoing;
“British thermal unit” or “Btu” means the amount of heat required to increase the temperature of one pound of water by one degree Fahrenheit;
“Broker” means a duly licensed electric power supplier that assumes the contractual and legal responsibility for the sale of electric generation service, transmission or other services to end-use retail customers, but does not take title to any of the power sold, or a duly licensed gas supplier that assumes the contractual and legal obligation to provide gas supply service to end-use retail customers, but does not take title to the gas;
“Buydown” means an arrangement or arrangements involving the buyer and seller in a given power purchase contract and, in some cases third parties, for consideration to be given by the buyer in order to effectuate a reduction in the pricing, or the restructuring of other terms to reduce the overall cost of the power contract, for the remaining succeeding period of the purchased power arrangement or arrangements;
“Buyout” means an arrangement or arrangements involving the buyer and seller in a given power purchase contract and, in some cases third parties, for consideration to be given by the buyer in order to effectuate a termination of such power purchase contract;
“Class I renewable energy” means electric energy produced from solar technologies, photovoltaic technologies, wind energy, fuel cells, geothermal technologies, wave or tidal action, small scale hydropower facilities with a capacity of three megawatts or less and put into service after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), and methane gas from landfills or a biomass facility, provided that the biomass is cultivated and harvested in a sustainable manner;
“Class II renewable energy” means electric energy produced at a [resource recovery facility or] hydropower facility with a capacity of greater than three megawatts or a resource recovery facility, provided that such facility is located where retail competition is permitted and provided further that the Commissioner of Environmental Protection has determined that such facility meets the highest environmental standards and minimizes any impacts to the environment and local communities;
“Co-generation” means the sequential production of electricity and steam or other forms of useful energy used for industrial or commercial heating and cooling purposes;
“Combined cycle power facility” means a generation facility that combines two or more thermodynamic cycles, by producing electric power via the combustion of fuel and then routing the resulting waste heat by-product to a conventional boiler or to a heat recovery steam generator for use by a steam turbine to produce electric power, thereby increasing the overall efficiency of the generating facility;
“Combined heat and power facility” or “co-generation facility” means a generation facility which produces electric energy[,] and steam[,] or other forms of useful energy such as heat, which are used for industrial or commercial heating or cooling purposes. A combined heat and power facility or co-generation facility shall not be considered a public utility;
“Competitive service” means any service offered by an electric public utility or a gas public utility that the board determines to be competitive pursuant to section 8 or section 10 of P.L.1999, c.23 (C.48:3-56 or C.48:3-58) or that is not regulated by the board;
“Commercial and industrial energy pricing class customer” or “CIEP class customer” means that group of non-residential customers with high peak demand, as determined by periodic board order, which either is eligible or which would be eligible, as determined by periodic board order, to receive funds from the Retail Margin Fund established pursuant to section 9 of P.L.1999, c.23 (C.48:3-57) and for which basic generation service is hourly-priced;
“Comprehensive resource analysis” means an analysis including, but not limited to, an assessment of existing market barriers to the implementation of energy efficiency and renewable technologies that are not or cannot be delivered to customers through a competitive marketplace;
“Connected to the distribution system” means, for a solar power generation facility, (1) connected to a net metering customer’s side of a meter, regardless of the voltage at which that customer connects to the electric grid, or (2) directly connected to the electric grid at 69 kilovolts or less, regardless of how an electric public utility classifies that portion of its electric grid, except that notwithstanding that it meets the criterion set forth in paragraph (1) or in paragraph (2) hereof, a solar electric power generation facility that is greater than 10 megawatts in capacity and either not net metered or not an on-site generation facility shall not be considered “connected to the distribution system” unless it shall have been designated as such by the board pursuant to subsection r. of section 38 of P.L.1999, c.23 (C.48:3-87). Any facility, other than that of a net metering customer on the customer’s side of the meter, connected above 69 kilovolts shall not be considered connected to the distribution system;
“Customer” means any person that is an end user and is connected to any part of the transmission and distribution system within an electric public utility’s service territory or a gas public utility’s service territory within this State;
“Customer account service” means metering, billing, or such other administrative activity associated with maintaining a customer account;
“Delivery year” or “DY” means the 12-month period from June 1st through May 31st, numbered according to the calendar year in which it ends;
“Demand side management” means the management of customer demand for energy service through the implementation of cost-effective energy efficiency technologies, including, but not limited to, installed conservation, load management and energy efficiency measures on and in the residential, commercial, industrial, institutional and governmental premises and facilities in this State;
“EE certificate” means a certificate issued by the board or its designee, representing one megawatt hour (MWh) of eligible energy efficiency and energy conservation and has value based upon, and driven by, the energy market;
“Electric generation service” means the provision of retail electric energy and capacity which is generated off-site from the location at which the consumption of such electric energy and capacity is metered for retail billing purposes, including agreements and arrangements related thereto;
“Electric power generator” means an entity that proposes to construct, own, lease or operate, or currently owns, leases or operates, an electric power production facility that will sell or does sell at least 90 percent of its output, either directly or through a marketer, to a customer or customers located at sites that are not on or contiguous to the site on which the facility will be located or is located. The designation of an entity as an electric power generator for the purposes of P.L.1999, c.23 (C.48:3-49 et al.) shall not, in and of itself, affect the entity’s status as an exempt wholesale generator under the Public Utility Holding Company Act of 1935, 15 U.S.C. s.79 et seq.;
“Electric power supplier” means a person or entity that is duly licensed pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.) to offer and to assume the contractual and legal responsibility to provide electric generation service to retail customers, and includes load serving entities, marketers and brokers that offer or provide electric generation service to retail customers. The term excludes an electric public utility that provides electric generation service only as a basic generation service pursuant to section 9 of P.L.1999, c.23 (C.48:3-57);
“Electric public utility” means a public utility, as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within this State;
“Electric related service” means a service that is directly related to the consumption of electricity by an end user, including, but not limited to, the installation of demand side management measures at the end user’s premises, the maintenance, repair or replacement of appliances, lighting, motors or other energy-consuming devices at the end user’s premises, and the provision of energy consumption measurement and billing services;
“Electronic signature” means an electronic sound, symbol or process, attached to, or logically associated with, a contract or other record, and executed or adopted by a person with the intent to sign the record;
“Eligible energy efficiency and energy conservation programs” means programs which apply measurement and verification standards adopted by the board to the board’s issuance of an EE certificate, and which utilize demand side management consisting of the management of customer consumption of electricity or of the demand for or generation of electricity through the implementation of (1) energy efficiency technologies, management practices, or other strategies in residential, commercial, industrial, institutional, or government customers that reduce electricity consumption by those customers, (2) load management or demand response technologies, management practices or other strategies in residential, commercial, industrial, institutional and government customers that shift electric load from periods of higher demand to periods of lower demand, or (3) industrial by-product technologies that use a by-product from an industrial process, including the reuse of energy from exhaust gases or other manufacturing by-products in the direct production of electricity at the facility of a customer;
“Eligible generator” means a developer of a base load or mid-merit electric power generation facility including, but not limited to, an on-site generation facility that qualifies as a capacity resource under PJM criteria and that commences construction after the effective date of P.L.2011, c.9 (C.48:3-98.2 et al.);
“Energy agent” means a person that is duly registered pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.), that arranges the sale of retail electricity or electric related services or retail gas supply or gas related services between government aggregators or private aggregators and electric power suppliers or gas suppliers, but does not take title to the electric or gas sold;
“Energy consumer” means a business or residential consumer of electric generation service or gas supply service located within the territorial jurisdiction of a government aggregator;
“Energy efficiency portfolio standard” means a requirement to procure a specified amount of energy efficiency or demand side management resources as a means of managing and reducing energy usage and demand by customers;
“Energy year” or “EY” means the 12-month period from June 1st through May 31st, numbered according to the calendar year in which it ends;
“Federal Energy Regulatory Commission” or “FERC” means the federal agency established pursuant to 42 U.S.C. s.7171 et seq. to regulate the interstate transmission of electricity, natural gas, and oil;
“Financing entity” means an electric public utility, a special purpose entity, or any other assignee of bondable transition property, which issues transition bonds. Except as specifically provided in P.L.1999, c.23 (C.48:3-49 et al.), a financing entity which is not itself an electric public utility shall not be subject to the public utility requirements of Title 48 or any rules or regulations adopted pursuant thereto;
“Gas public utility” means a public utility, as that term is defined in R.S.48:2-13, that distributes gas to end users within this State;
“Gas related service” means a service that is directly related to the consumption of gas by an end user, including, but not limited to, the installation of demand side management measures at the end user’s premises, the maintenance, repair or replacement of appliances or other energy-consuming devices at the end user’s premises, and the provision of energy consumption measurement and billing services;
“Gas supplier” means a person that is duly licensed pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.) to offer and assume the contractual and legal obligation to provide gas supply service to retail customers, and includes, but is not limited to, marketers and brokers. A non-public utility affiliate of a public utility holding company may be a gas supplier, but a gas public utility or any subsidiary of a gas utility is not a gas supplier. In the event that a gas public utility is not part of a holding company legal structure, a related competitive business segment of that gas public utility may be a gas supplier, provided that related competitive business segment is structurally separated from the gas public utility, and provided that the interactions between the gas public utility and the related competitive business segment are subject to the affiliate relations standards adopted by the board pursuant to subsection k. of section 10 of P.L.1999, c.23 (C.48:3-58);
“Gas supply service” means the provision to customers of the retail commodity of gas, but does not include any regulated distribution service;
“Government aggregator” means any government entity subject to the requirements of the “Local Public Contracts Law,” P.L.1971, c.198 (C.40A:11-1 et seq.), the “Public School Contracts Law,” N.J.S.18A:18A-1 et seq., or the “County College Contracts Law,” P.L.1982, c.189 (C.18A:64A-25.1 et seq.), that enters into a written contract with a licensed electric power supplier or a licensed gas supplier for: (1) the provision of electric generation service, electric related service, gas supply service, or gas related service for its own use or the use of other government aggregators; or (2) if a municipal or county government, the provision of electric generation service or gas supply service on behalf of business or residential customers within its territorial jurisdiction;
“Government energy aggregation program” means a program and procedure pursuant to which a government aggregator enters into a written contract for the provision of electric generation service or gas supply service on behalf of business or residential customers within its territorial jurisdiction;
“Governmental entity” means any federal, state, municipal, local or other governmental department, commission, board, agency, court, authority or instrumentality having competent jurisdiction;
“Greenhouse gas emissions portfolio standard” means a requirement that addresses or limits the amount of carbon dioxide emissions indirectly resulting from the use of electricity as applied to any electric power suppliers and basic generation service providers of electricity;
“Incremental auction” means an auction conducted by PJM, as part of PJM’s reliability pricing model, prior to the start of the delivery year to secure electric capacity as necessary to satisfy the capacity requirements for that delivery year, that is not otherwise provided for in the base residual auction;
“Leakage” means an increase in greenhouse gas emissions related to generation sources located outside of the State that are not subject to a state, interstate or regional greenhouse gas emissions cap or standard that applies to generation sources located within the State;
“Locational deliverability area” or “LDA” means one or more of the zones within the PJM region which are used to evaluate area transmission constraints and reliability issues including electric public utility company zones, sub-zones, and combinations of zones;
“Long-term capacity agreement pilot program” or “LCAPP” means a pilot program established by the board that includes participation by eligible generators, to seek offers for financially-settled standard offer capacity agreements with eligible generators pursuant to the provisions of P.L.2011, c.9 (C.48:3-98.2 et al.);
“Market transition charge” means a charge imposed pursuant to section 13 of P.L.1999, c.23 (C.48:3-61) by an electric public utility, at a level determined by the board, on the electric public utility customers for a limited duration transition period to recover stranded costs created as a result of the introduction of electric power supply competition pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.);
“Marketer” means a duly licensed electric power supplier that takes title to electric energy and capacity, transmission and other services from electric power generators and other wholesale suppliers and then assumes the contractual and legal obligation to provide electric generation service, and may include transmission and other services, to an end-use retail customer or customers, or a duly licensed gas supplier that takes title to gas and then assumes the contractual and legal obligation to provide gas supply service to an end-use customer or customers;
“Mid-merit electric power generation facility” means a generation facility that operates at a capacity factor between baseload generation facilities and peaker generation facilities;
“Net proceeds” means proceeds less transaction and other related costs as determined by the board;
“Net revenues” means revenues less related expenses, including applicable taxes, as determined by the board;
“Offshore wind energy” means electric energy produced by a qualified offshore wind project;
“Offshore wind renewable energy certificate” or “OREC” means a certificate, issued by the board or its designee, representing the environmental attributes of one megawatt hour of electric generation from a qualified offshore wind project;
“Off-site end use thermal energy services customer” means an end use customer that purchases thermal energy services from an on-site generation facility, combined heat and power facility, or co-generation facility, and that is located on property that is separated from the property on which the on-site generation facility, combined heat and power facility, or co-generation facility is located by more than one easement, public thoroughfare, or transportation or utility-owned right-of-way;
“On-site generation facility” means a generation facility, including but not limited to, a generation facility that produces Class I or Class II renewable energy, and equipment and services appurtenant to electric sales by such facility to the end use customer located on the property or on property contiguous to the property on which the end user is located. An on-site generation facility shall not be considered a public utility. The property of the end use customer and the property on which the on-site generation facility is located shall be considered contiguous if they are geographically located next to each other, but may be otherwise separated by an easement, public thoroughfare, transportation or utility-owned right-of-way, or if the end use customer is purchasing thermal energy services produced by the on-site generation facility, for use for heating or cooling, or both, regardless of whether the customer is located on property that is separated from the property on which the on-site generation facility is located by more than one easement, public thoroughfare, or transportation or utility-owned right-of-way;
“Person” means an individual, partnership, corporation, association, trust, limited liability company, governmental entity or other legal entity;
“PJM Interconnection, L.L.C.” or “PJM” means the privately-held, limited liability corporation that is a FERC-approved Regional Transmission Organization, or its successor, that manages the regional, high-voltage electricity grid serving all or parts of 13 states including New Jersey and the District of Columbia, operates the regional competitive wholesale electric market, manages the regional transmission planning process, and establishes systems and rules to ensure that the regional and in-State energy markets operate fairly and efficiently;
“Private aggregator” means a non-government aggregator that is a duly-organized business or non-profit organization authorized to do business in this State that enters into a contract with a duly licensed electric power supplier for the purchase of electric energy and capacity, or with a duly licensed gas supplier for the purchase of gas supply service, on behalf of multiple end-use customers by combining the loads of those customers;
“Public utility holding company” means: (1) any company that, directly or indirectly, owns, controls, or holds with power to vote, ten percent or more of the outstanding voting securities of an electric public utility or a gas public utility or of a company which is a public utility holding company by virtue of this definition, unless the Securities and Exchange Commission, or its successor, by order declares such company not to be a public utility holding company under the Public Utility Holding Company Act of 1935, 15 U.S.C. s.79 et seq., or its successor; or (2) any person that the Securities and Exchange Commission, or its successor, determines, after notice and opportunity for hearing, directly or indirectly, to exercise, either alone or pursuant to an arrangement or understanding with one or more other persons, such a controlling influence over the management or policies of an electric public utility or a gas public utility or public utility holding company as to make it necessary or appropriate in the public interest or for the protection of investors or consumers that such person be subject to the obligations, duties, and liabilities imposed in the Public Utility Holding Company Act of 1935 or its successor;
“Qualified offshore wind project” means a wind turbine electricity generation facility in the Atlantic Ocean and connected to the electric transmission system in this State, and includes the associated transmission-related interconnection facilities and equipment, and approved by the board pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1);
“Registration program” means an administrative process developed by the board that requires that all solar electric power generation facilities with a planned capacity of one megawatt or greater that are filing with the board for approval to generate SRECs, to file documents detailing the size, location, and other project information as required by the board;
“Regulatory asset” means an asset recorded on the books of an electric public utility or gas public utility pursuant to the Statement of Financial Accounting Standards, No. 71, entitled “Accounting for the Effects of Certain Types of Regulation,” or any successor standard and as deemed recoverable by the board;
“Related competitive business segment of an electric public utility or gas public utility” means any business venture of an electric public utility or gas public utility including, but not limited to, functionally separate business units, joint ventures, and partnerships, that offers to provide or provides competitive services;
“Related competitive business segment of a public utility holding company” means any business venture of a public utility holding company, including, but not limited to, functionally separate business units, joint ventures, and partnerships and subsidiaries, that offers to provide or provides competitive services, but does not include any related competitive business segments of an electric public utility or gas public utility;
“Reliability pricing model” or “RPM” means PJM’s capacity-market model, and its successors, that secures capacity on behalf of electric load serving entities to satisfy load obligations not satisfied through the output of electric generation facilities owned by those entities, or otherwise secured by those entities through bilateral contracts;
“Renewable energy certificate” or “REC” means a certificate representing the environmental benefits or attributes of one megawatt-hour of generation from a generating facility that produces Class I or Class II renewable energy, but shall not include a solar renewable energy certificate or an offshore wind renewable energy certificate;
“Resource clearing price” or “RCP” means the clearing price established for the applicable locational deliverability area by the base residual auction or incremental auction, as determined by the optimization algorithm for each auction, conducted by PJM as part of PJM’s reliability pricing model;
“Resource recovery facility” means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse which the Department of Environmental Protection has determined are in compliance with current environmental standards, including, but not limited to, all applicable requirements of the federal “Clean Air Act” (42 U.S.C. s.7401 et seq.);
“Restructuring related costs” means reasonably incurred costs directly related to the restructuring of the electric power industry, including the closure, sale, functional separation and divestiture of generation and other competitive utility assets by a public utility, or the provision of competitive services as such costs are determined by the board, and which are not stranded costs as defined in P.L.1999, c.23 (C.48:3-49 et al.) but may include, but not be limited to, investments in management information systems, and which shall include expenses related to employees affected by restructuring which result in efficiencies and which result in benefits to ratepayers, such as training or retraining at the level equivalent to one year’s training at a vocational or technical school or county community college, the provision of severance pay of two weeks of base pay for each year of full-time employment, and a maximum of 24 months’ continued health care coverage. Except as to expenses related to employees affected by restructuring, “restructuring related costs” shall not include going forward costs;
“Retail choice” means the ability of retail customers to shop for electric generation or gas supply service from electric power or gas suppliers, or opt to receive basic generation service or basic gas service, and the ability of an electric power or gas supplier to offer electric generation service or gas supply service to retail customers, consistent with the provisions of P.L.1999, c.23 (C.48:3-49 et al.);
“Retail margin” means an amount, reflecting differences in prices that electric power suppliers and electric public utilities may charge in providing electric generation service and basic generation service, respectively, to retail customers, excluding residential customers, which the board may authorize to be charged to categories of basic generation service customers of electric public utilities in this State, other than residential customers, under the board’s continuing regulation of basic generation service pursuant to sections 3 and 9 of P.L.1999, c.23 (C.48:3-51 and 48:3-57), for the purpose of promoting a competitive retail market for the supply of electricity;
“Shopping credit” means an amount deducted from the bill of an electric public utility customer to reflect the fact that such customer has switched to an electric power supplier and no longer takes basic generation service from the electric public utility;
“Small scale hydropower facility” means a facility located within this State and connected to the distribution system, and that meets the requirements of, and has been certified by, a nationally recognized low-impact hydropower organization that has established low-impact hydropower certification criteria applicable to: (1) river flows; (2) water quality; (3) fish passage and protection; (4) watershed protection; (5) threatened and endangered species protection; (6) cultural resource protection; (7) recreation; and (8) facilities recommended for removal;
“Social program” means a program implemented with board approval to provide assistance to a group of disadvantaged customers, to provide protection to consumers, or to accomplish a particular societal goal, and includes, but is not limited to, the winter moratorium program, utility practices concerning “bad debt” customers, low income assistance, deferred payment plans, weatherization programs, and late payment and deposit policies, but does not include any demand side management program or any environmental requirements or controls;
“Societal benefits charge” means a charge imposed by an electric public utility, at a level determined by the board, pursuant to, and in accordance with, section 12 of P.L.1999, c.23 (C.48:3-60);
“Solar alternative compliance payment” or “SACP” means a payment of a certain dollar amount per megawatt hour (MWh) which an electric power supplier or provider may submit to the board in order to comply with the solar electric generation requirements under section 38 of P.L.1999, c.23 (C.48:3-87);
“Solar renewable energy certificate” or “SREC” means a certificate issued by the board or its designee, representing one megawatt hour (MWh) of solar energy that is generated by a facility connected to the distribution system in this State and has value based upon, and driven by, the energy market;
“Standard offer capacity agreement” or “SOCA” means a financially-settled transaction agreement, approved by board order, that provides for eligible generators to receive payments from the electric public utilities for a defined amount of electric capacity for a term to be determined by the board but not to exceed 15 years, and for such payments to be a fully non-bypassable charge, with such an order, once issued, being irrevocable;
“Standard offer capacity price” or “SOCP” means the capacity price that is fixed for the term of the SOCA and which is the price to be received by eligible generators under a board-approved SOCA;
“Stranded cost” means the amount by which the net cost of an electric public utility’s electric generating assets or electric power purchase commitments, as determined by the board consistent with the provisions of P.L.1999, c.23 (C.48:3-49 et al.), exceeds the market value of those assets or contractual commitments in a competitive supply marketplace and the costs of buydowns or buyouts of power purchase contracts;
“Stranded costs recovery order” means each order issued by the board in accordance with subsection c. of section 13 of P.L.1999, c.23 (C.48:3-61) which sets forth the amount of stranded costs, if any, the board has determined an electric public utility is eligible to recover and collect in accordance with the standards set forth in section 13 of P.L.1999, c.23 (C.48:3-61) and the recovery mechanisms therefor;
“Thermal efficiency” means the useful electric energy output of a facility, plus the useful thermal energy output of the facility, expressed as a percentage of the total energy input to the facility;
“Transition bond charge” means a charge, expressed as an amount per kilowatt hour, that is authorized by and imposed on electric public utility ratepayers pursuant to a bondable stranded costs rate order, as modified at any time pursuant to the provisions of P.L.1999, c.23 (C.48:3-49 et al.);
“Transition bonds” means bonds, notes, certificates of participation or beneficial interest or other evidences of indebtedness or ownership issued pursuant to an indenture, contract or other agreement of an electric public utility or a financing entity, the proceeds of which are used, directly or indirectly, to recover, finance or refinance bondable stranded costs and which are, directly or indirectly, secured by or payable from bondable transition property. References in P.L.1999, c.23 (C.48:3-49 et al.) to principal, interest, and acquisition or redemption premium with respect to transition bonds which are issued in the form of certificates of participation or beneficial interest or other evidences of ownership shall refer to the comparable payments on such securities;
“Transition period” means the period from August 1, 1999 through July 31, 2003;
“Transmission and distribution system” means, with respect to an electric public utility, any facility or equipment that is used for the transmission, distribution or delivery of electricity to the customers of the electric public utility including, but not limited to, the land, structures, meters, lines, switches and all other appurtenances thereof and thereto, owned or controlled by the electric public utility within this State; and
“Universal service” means any service approved by the board with the purpose of assisting low-income residential customers in obtaining or retaining electric generation or delivery service.2
(cf: P.L.2011, c.9, s.2)
REPLACE SECTION 1 TO READ:
2[1.] 2.2 Section 38 of P.L.1999, c.23 (C.48:3-87) is amended to read as follows:
38. a. The board shall require an electric power supplier or basic generation service provider to disclose on a customer’s bill or on customer contracts or marketing materials, a uniform, common set of information about the environmental characteristics of the energy purchased by the customer, including, but not limited to:
(1) Its fuel mix, including categories for oil, gas, nuclear, coal, solar, hydroelectric, wind and biomass, or a regional average determined by the board;
(2) Its emissions, in pounds per megawatt hour, of sulfur dioxide, carbon dioxide, oxides of nitrogen, and any other pollutant that the board may determine to pose an environmental or health hazard, or an emissions default to be determined by the board; and
(3) Any discrete emission reduction retired pursuant to rules and regulations adopted pursuant to P.L.1995, c.188.
b. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment and public hearing, interim standards to implement this disclosure requirement, including, but not limited to:
(1) A methodology for disclosure of emissions based on output pounds per megawatt hour;
(2) Benchmarks for all suppliers and basic generation service providers to use in disclosing emissions that will enable consumers to perform a meaningful comparison with a supplier’s or basic generation service provider’s emission levels; and
(3) A uniform emissions disclosure format that is graphic in nature and easily understandable by consumers. The board shall periodically review the disclosure requirements to determine if revisions to the environmental disclosure system as implemented are necessary.
Such standards shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act.”
c. (1) The board may adopt, in consultation with the Department of Environmental Protection, after notice and opportunity for public comment, an emissions portfolio standard applicable to all electric power suppliers and basic generation service providers, upon a finding that:
(a) The standard is necessary as part of a plan to enable the State to meet federal Clean Air Act or State ambient air quality standards; and
(b) Actions at the regional or federal level cannot reasonably be expected to achieve the compliance with the federal standards.
(2) By July 1, 2009, the board shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), a greenhouse gas emissions portfolio standard to mitigate leakage or another regulatory mechanism to mitigate leakage applicable to all electric power suppliers and basic generation service providers that provide electricity to customers within the State. The greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage shall:
(a) Allow a transition period, either before or after the effective date of the regulation to mitigate leakage, for a basic generation service provider or electric power supplier to either meet the emissions portfolio standard or other regulatory mechanism to mitigate leakage, or to transfer any customer to a basic generation service provider or electric power supplier that meets the emissions portfolio standard or other regulatory mechanism to mitigate leakage. If the transition period allowed pursuant to this subparagraph occurs after the implementation of an emissions portfolio standard or other regulatory mechanism to mitigate leakage, the transition period shall be no longer than three years; and
(b) Exempt the provision of basic generation service pursuant to a basic generation service purchase and sale agreement effective prior to the date of the regulation.
Unless the Attorney General or the Attorney General’s designee determines that a greenhouse gas emissions portfolio standard would unconstitutionally burden interstate commerce or would be preempted by federal law, the adoption by the board of an electric energy efficiency portfolio standard pursuant to subsection g. of this section, a gas energy efficiency portfolio standard pursuant to subsection h. of this section, or any other enhanced energy efficiency policies to mitigate leakage shall not be considered sufficient to fulfill the requirement of this subsection for the adoption of a greenhouse gas emissions portfolio standard or any other regulatory mechanism to mitigate leakage.
d. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing, renewable energy portfolio standards that shall require:
(1) that two and one-half percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class I or Class II renewable energy sources;
(2) beginning on January 1, 2001, that one-half of one percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from Class I renewable energy sources. The board shall increase the required percentage for Class I renewable energy sources so that by January 1, 2006, one percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources and shall additionally increase the required percentage for Class I renewable energy sources by one-half of one percent each year until January 1, 2012, when four percent of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider shall be from Class I renewable energy sources.
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection; 2and2
(3) that the board establish a multi-year schedule, applicable to each electric power supplier or basic generation service provider in this State, beginning with the one-year period commencing on June 1, 2010, and continuing for each subsequent one-year period up to and including, the one-year period commencing on 1[June 1, 2025] 2[June 1, 20241] June 1, 20302, that requires suppliers or providers to purchase at least the following number of kilowatt-hours from solar electric power generators 2connected to the distribution system2 in this State:
EY 2011 306 Gigawatthours (Gwhrs)
EY 2012 442 Gwhrs
1[EY 2013 596 Gwhrs
EY 2014 772 Gwhrs
EY 2015 965 Gwhrs
EY 2016 1,150 Gwhrs
EY 2017 1,357 Gwhrs
EY 2018 1,591 Gwhrs
EY 2019 1,858 Gwhrs
EY 2020 2,164 Gwhrs
EY 2021 2,518 Gwhrs
EY 2022 2,928 Gwhrs
EY 2023 3,433 Gwhrs
EY 2024 3,989 Gwhrs
EY 2025 4,610 Gwhrs
EY 2026 5,316 Gwhrs
EY 2027]
2[EY 2013 772 G whrs
EY 2014 965 Gwhrs
EY 2015 1,150 Gwhrs
EY 2016 1,357 Gwhrs
EY 2017 1,591 Gwhrs
EY 2018 1,858 Gwhrs
EY 2019 2,164 Gwhrs
EY 2020 2,518 Gwhrs
EY 2021 2,928 Gwhrs
EY 2022 3,433 Gwhrs
EY 2023 3,989 Gwhrs
EY 2024 4,610 Gwhrs
EY 2025 5,316 Gwhrs
EY 20261]
EY2013 1,020 Gwhrs
EY2014 1,264 Gwhrs
EY2015 1,450 Gwhrs
EY2016 1,680 Gwhrs
EY2017 1,987 Gwhrs
EY2018 2,180 Gwhrs
EY2019 2,368 Gwhrs
EY2020 2,510 Gwhrs
EY2021 2,709.658 Gwhrs
EY2022 2,929.164 Gwhrs
EY2023 3,166.451 Gwhrs
EY2024 3,422.96 Gwhrs
EY2025 3,700.249 Gwhrs
EY2026 4,000 Gwhrs
EY 2027 4,200 Gwhrs
EY 2028 4,400 Gwhrs
EY 2029 4,600 Gwhrs
EY 2030 4,800 Gwhrs
EY20312 , and for every energy year thereafter, at least 2[5,316] 5,0002 Gwhrs per energy year to reflect an increasing number of kilowatt-hours to be purchased by suppliers or providers from solar electric power generators 2connected to the distribution system2 in this State, and to establish a framework within which suppliers and providers shall purchase at least 2[2,518] 2,709.6582 Gwhrs in the energy year 1[2021] 2[20201] 20212 and 2[5,316] 5,0002 Gwhrs in the energy year 1[2026] 2[20251] 20312 from solar electric power generators 2connected to the distribution system2 in this State, provided, however, that 2:
(a) when the board establishes the multi-year schedule and framework for annual Statewide Gwhr requirements for Energy Years 2011 through 2031 required in paragraph (3) of subsection d. of this section, and any requirements for Energy Years thereafter, the board ensures that each such annual Statewide Gwhr requirement annually requires that a percentage of the kilowatt-hours sold in this State by each provider and supplier be purchased from solar electric power generators connected to the distribution system in this State, based on the percentage relationship that each annual Statewide Gwhr requirement has to the board’s weather-normalized projection of the number of kilowatt hours to be sold in this State by all providers and suppliers for each Energy Year, subject to adjustment pursuant to subparagraph (d) of paragraph (3) of this subsection;
(b)2 the number of solar kilowatt-hours required to be purchased by each supplier or provider, when expressed as a percentage of the total number of solar kilowatt-hours purchased in this State, shall be equivalent to each supplier’s or provider’s proportionate share of the total number of kilowatt-hours 2projected by the board to be2 sold in this State by all suppliers and providers 2;
(c) the board shall determine an appropriate period of no less than 120 days following the end of an Energy Year prior to which a provider or supplier must demonstrate compliance with the annual renewable portfolio standard;
(d) within 45 days following the period set forth in subparagraph (c) of paragraph (3) of this subsection, to the extent that the board determines that the solar Gwhrs purchased in an Energy Year by all providers and suppliers pursuant to the percentage established by the board were less than the annual Statewide Gwhr requirement specified in paragraph (3) of this subsection, the board shall add the Gwhrs that constitute the shortfall to the annual Gwhr requirement for the Energy Year that is three years after the Energy Year in which the shortfall occurs, and use the increased Gwhr requirement to recalculate the percentage of kilowatt-hours that each provider and supplier sells that are required to be purchased from solar electric power generators connected to the distribution system in this State for that future Energy Year; and
(e) providers and suppliers shall comply with the provisions of paragraph (3) of this subsection by complying with the board’s percentage requirements established pursuant to subparagraphs (a) through (d) of paragraph (3) of this subsection.
(f) No more than 24 months following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall complete a proceeding to investigate approaches to mitigate excessive SREC price and solar development volatility and prepare and submit a report to the Legislature, detailing its findings and recommendations pursuant to P.L.1991, c.164 (C.52:14-19.1). As part of the proceeding, the board shall evaluate other techniques used nationally and internationally2 .
The solar renewable portfolio standards requirements in paragraph (3) of this subsection shall automatically increase by 20% for the remainder of the schedule in the event that the following two conditions are met: (a) the number of SRECs generated 2or available for sale2 meets or exceeds the requirement for three consecutive reporting years, starting with energy year 2013; and (b) the average SREC price for all SRECs purchased by entities with renewable energy portfolio standards obligations has decreased in the same three consecutive reporting years. The board shall exempt providers’ existing supply contracts that are: (a) effective prior to the date of 2[P.L.2009, c.289] enactment of P.L. , c. (C. ) (pending before the Legislature as this bill)2; or (b) effective prior to any future increase in the solar renewable portfolio standard beyond the multi-year schedule established in paragraph (3) of this subsection. This exemption shall apply to the number of SRECs that exceeds the number mandated by the solar renewable portfolio standards requirements that were in effect on the date that the providers executed their existing supply contracts. This limited exemption for providers’ existing supply contracts shall not be construed to lower the Statewide solar purchase requirements set forth in paragraph (3) of this subsection. Such incremental new requirements shall be distributed over the electric power suppliers and providers not subject to the existing supply contract exemption until such time as existing supply contracts expire and all suppliers are subject to the new requirement 2in a manner that is competitively neutral between providers as a whole and suppliers, such that non-exempt providers are assigned the requirements that would have otherwise been assigned to the exempt providers2 .
An electric power supplier or basic generation service provider may satisfy the requirements of this subsection by participating in a renewable energy trading program approved by the board in consultation with the Department of Environmental Protection, or compliance with the requirements of this subsection may be demonstrated to the board by suppliers or providers through the purchase of SRECs.
The renewable energy portfolio standards adopted by the board pursuant to paragraphs (1) and (2) of this subsection shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act.”
The renewable energy portfolio standards adopted by the board pursuant to paragraph (3) of this subsection shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 30 months after such filing, and shall, thereafter, be amended, adopted or readopted by the board in accordance with the “Administrative Procedure Act”; and
(4) within 180 days after the date of enactment of P.L.2010, c.57 (C.48:3-87.1 et al.), that the board establish an offshore wind renewable energy certificate program to require that a percentage of the kilowatt hours sold in this State by each electric power supplier and each basic generation service provider be from offshore wind energy in order to support at least 1,100 megawatts of generation from qualified offshore wind projects.
The percentage established by the board pursuant to this paragraph shall serve as an offset to the renewable energy portfolio standard established pursuant to paragraphs (1) and (2) of this subsection and shall reduce the corresponding Class I renewable energy requirement.
The percentage established by the board pursuant to this paragraph shall reflect the projected OREC production of each qualified offshore wind project, approved by the board pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1), for twenty years from the commercial operation start date of the qualified offshore wind project which production projection and OREC purchase requirement, once approved by the board, shall not be subject to reduction.
An electric power supplier or basic generation service provider shall comply with the OREC program established pursuant to this paragraph through the purchase of offshore wind renewable energy certificates at a price and for the time period required by the board. In the event there are insufficient offshore wind renewable energy certificates available, the electric power supplier or basic generation service provider shall pay an offshore wind alternative compliance payment established by the board. Any offshore wind alternative compliance payments collected shall be refunded directly to the ratepayers by the electric public utilities.
The rules established by the board pursuant to this paragraph shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.).
e. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding and shall adopt, after notice, provision of the opportunity for comment, and public hearing:
(1) net metering standards for electric power suppliers and basic generation service providers. The standards shall require electric power suppliers and basic generation service providers to offer net metering at non-discriminatory rates to industrial, large commercial, residential and small commercial customers, as those customers are classified or defined by the board, that generate electricity, on the customer’s side of the meter, using a Class I renewable energy source, for the net amount of electricity supplied by the electric power supplier or basic generation service provider over an annualized period. Systems of any sized capacity, as measured in watts, are eligible for net metering. If the amount of electricity generated by the customer-generator, plus any kilowatt hour credits held over from the previous billing periods, exceeds the electricity supplied by the electric power supplier or basic generation service provider, then the electric power supplier or basic generation service provider, as the case may be, shall credit the customer-generator for the excess kilowatt hours until the end of the annualized period at which point the customer-generator will be compensated for any remaining credits or, if the customer-generator chooses, credit the customer-generator on a real-time basis, at the electric power supplier’s or basic generation service provider’s avoided cost of wholesale power or the PJM electric power pool’s real-time locational marginal pricing rate, adjusted for losses, for the respective zone in the PJM electric power pool. Alternatively, the customer-generator may execute a bilateral agreement with an electric power supplier or basic generation service provider for the sale and purchase of the customer-generator’s excess generation. The customer-generator may be credited on a real-time basis, so long as the customer-generator follows applicable rules prescribed by the PJM electric power pool for its capacity requirements for the net amount of electricity supplied by the electric power supplier or basic generation service provider 2[. The board may authorize an electric power supplier or basic generation service provider to cease offering net metering whenever the total rated generating capacity owned and operated by net metering customer-generators Statewide equals 2.5 percent of the State's peak electricity demand]2;
(2) safety and power quality interconnection standards for Class I renewable energy source systems used by a customer-generator that shall be eligible for net metering.
Such standards or rules shall take into consideration the goals of the New Jersey Energy Master Plan, applicable industry standards, and the standards of other states and the Institute of Electrical and Electronic Engineers. The board shall allow electric public utilities to recover the costs of any new net meters, upgraded net meters, system reinforcements or upgrades, and interconnection costs through either their regulated rates or from the net metering customer-generator; and
(3) credit or other incentive rules for generators using Class I renewable energy generation systems that connect to New Jersey’s electric public utilities’ distribution system but who do not net meter.
Such rules shall require the board or its designee to issue a credit or other incentive to those generators that do not use a net meter but otherwise generate electricity derived from a Class I renewable energy source and to issue an enhanced credit or other incentive, including, but not limited to, a solar renewable energy credit, to those generators that generate electricity derived from solar technologies.
Such standards or rules shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and may, thereafter, be amended, adopted or readopted by the board in accordance with the provisions of the “Administrative Procedure Act.”
f. The board may assess, by written order and after notice and opportunity for comment, a separate fee to cover the cost of implementing and overseeing an emission disclosure system or emission portfolio standard, which fee shall be assessed based on an electric power supplier’s or basic generation service provider’s share of the retail electricity supply market. The board shall not impose a fee for the cost of implementing and overseeing a greenhouse gas emissions portfolio standard adopted pursuant to paragraph (2) of subsection c. of this section, the electric energy efficiency portfolio standard adopted pursuant to subsection g. of this section, or the gas energy efficiency portfolio standard adopted pursuant to subsection h. of this section.
g. The board may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), an electric energy efficiency portfolio standard that may require each electric public utility to implement energy efficiency measures that reduce electricity usage in the State by 2020 to a level that is 20 percent below the usage projected by the board in the absence of such a standard. Nothing in this section shall be construed to prevent an electric public utility from meeting the requirements of this section by contracting with another entity for the performance of the requirements.
h. The board may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), a gas energy efficiency portfolio standard that may require each gas public utility to implement energy efficiency measures that reduce natural gas usage for heating in the State by 2020 to a level that is 20 percent below the usage projected by the board in the absence of such a standard. Nothing in this section shall be construed to prevent a gas public utility from meeting the requirements of this section by contracting with another entity for the performance of the requirements.
i. After the board establishes a schedule of solar kilowatt-hour sale or purchase requirements pursuant to paragraph (3) of subsection d. of this section, the board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, increased minimum solar kilowatt-hour sale or purchase requirements, provided that the board shall not reduce previously established minimum solar kilowatt-hour sale or purchase requirements, or otherwise impose constraints that reduce the requirements by any means.
j. The board shall 2[determine an appropriate level of solar alternative compliance payment, and establish a 15-year solar alternative compliance payment schedule, that permits] permit2 each supplier or provider to submit an SACP to comply with the solar electric generation requirements of paragraph (3) of subsection d. of this section. 2The value of the SACP for each fiscal year shall be at least:
EY 2013 $437
EY 2014 $422
EY 2015 $407
EY 2016 $393
EY 2017 $377
EY 2018 $362
EY 2019 $347
EY 2020 $334
EY 2021 $320
EY 2022 $307
EY 2023 $298
EY 2024 $289
EY 2025 $281
EY 2026 $272
EY 2027 $270
EY 2028 $265
EY 2029 $260
EY2030 $255
EY2031 $2502
The board may initiate subsequent proceedings and adopt, after appropriate notice and opportunity for public comment and public hearing, an increase in solar alternative compliance payments2[, provided that the] . The board shall initiate a proceeding and may adopt, after appropriate notice and opportunity for public comment and public hearing, an increase in solar alternative compliance payments if the 30 percent federal business energy tax credit available pursuant to 26 U.S.C. s.48 is not extended by June 30, 2015. The2 board shall not reduce previously established levels of solar alternative compliance payments, nor shall the board provide relief from the obligation of payment of the SACP by the electric power suppliers or basic generation service providers in any form. Any SACP payments collected shall be refunded directly to the ratepayers by the electric public utilities.
k. The board [may allow] shall require electric public utilities to offer long-term contracts through a competitive process and other means of financing, including but not limited to loans, for the purchase of SRECs and the resale of SRECs to suppliers or providers or others, provided that after such contracts have been approved by the board, the board’s approvals shall not be modified by subsequent board orders. On and after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the number of SRECs offered under this subsection shall include solar electric power generators of 2MW or less and shall comprise at least 30 percent of the annual Gwhrs under the solar renewable energy portfolio requirements under subsection d. of this section to assist in managing the marketplace until such time as the board determines that such requirements are no longer necessary to support development of the solar industry in this State. Of the SRECs approved by the board and offered under this subsection by electric public utilities, no more than 20 percent shall be set aside for residential and small commercial projects of 20 kilowatts or less, and such SRECs shall be offered through a similar competitive process.
l. The board shall implement its responsibilities under the provisions of this section in such a manner as to:
(1) place greater reliance on competitive markets, with the explicit goal of encouraging and ensuring the emergence of new entrants that can foster innovations and price competition;
(2) maintain adequate regulatory authority over non-competitive public utility services;
(3) consider alternative forms of regulation in order to address changes in the technology and structure of electric public utilities;
(4) promote energy efficiency and Class I renewable energy market development, taking into consideration environmental benefits and market barriers;
(5) make energy services more affordable for low and moderate income customers;
(6) attempt to transform the renewable energy market into one that can move forward without subsidies from the State or public utilities;
(7) achieve the goals put forth under the renewable energy portfolio standards;
(8) promote the lowest cost to ratepayers; and
(9) allow all market segments to participate.
m. The board shall ensure the availability of financial incentives under its jurisdiction, including, but not limited to, long-term contracts, loans, SRECs, or other financial support, to ensure market diversity, competition, and appropriate coverage across all ratepayer segments, including, but not limited to, residential, commercial, industrial, non-profit, farms, schools, and public entity customers.
n. For projects which are owned, or directly invested in, by a public utility pursuant to section 13 of P.L.2007, c.340 (C.48:3-98.1), the board shall determine the number of SRECs with which such projects shall be credited; and in determining such number the board shall ensure that the market for SRECs does not detrimentally affect the development of non-utility solar projects and shall consider how its determination may impact the ratepayers.
o. The board, in consultation with the Department of Environmental Protection, electric public utilities, the Division of Rate Counsel in, but not of, the Department of the Treasury, affected members of the solar energy industry, and relevant stakeholders, shall periodically consider increasing the renewable energy portfolio standards beyond the minimum amounts set forth in subsection d. of this section, taking into account the cost impacts and public benefits of such increases including, but not limited to:
(1) reductions in air pollution, water pollution, land disturbance, and greenhouse gas emissions;
(2) reductions in peak demand for electricity and natural gas, and the overall impact on the costs to customers of electricity and natural gas;
(3) increases in renewable energy development, manufacturing, investment, and job creation opportunities in this State; and
(4) reductions in State and national dependence on the use of fossil fuels.
p. Class I RECs 2and ORECS2 shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following two energy years. SRECs 2[and ORECs]2 shall be eligible for use in renewable energy portfolio standards compliance in the energy year in which they are generated, and for the following 2[two] four2 energy years.
1[q. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall adopt, after notice, provision of the opportunity for comment, and pubic hearing, regulations that require contracts entered into by non-utility load serving entities for the purchase of SRECs after the effective date of P.L. , c. (C. ) (pending before the Legislature this bill) to be long-term contracts that extend for a term of 15 years or longer.
As used in this subsection, a "non-utility load serving entity" means any entity, other than an electric public utility, or the duly designated agent of such an entity, that serves the electric power needs of end-users within the PJM region, and that has been granted the authority or has an obligation pursuant to State or local law, regulation, or franchise to sell electric power to end-users within the PJM electric power pool region.]1
2q. Notwithstanding any provisions of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the board shall initiate a proceeding to evaluate energy efficiency portfolio standards, and after notice, provision of the opportunity for comment, and public hearing, may adopt such competitively neutral energy efficiency portfolio standards that require each electric power supplier and each basic generation service provider to purchase a specified number of EE certificates from eligible energy efficiency and energy conservation programs. The board shall permit an electric power supplier or basic generation service provider to satisfy the requirements of this subsection by participating in an energy trading program approved by the board in consultation with the Department of Environmental Protection.
The board shall exempt suppliers and providers’ existing supply contracts that are effective prior to the date of a board decision approving a rule adoption pursuant to this subsection. Any purchases that would have otherwise been required from exempt suppliers or providers in the absence of such exemption may be distributed over suppliers and providers not subject to the existing contract exemption until such time as existing supply contracts expire and all suppliers and providers are subject to the new requirement.
r. A proposed solar facility that is greater than 10 megawatts in capacity and either not net metered or not an on-site generation facility, may be considered “connected to the distribution system” only upon designation as such by the board, after notice to the public and opportunity for public comment or hearing. A proposed solar facility seeking board designation as “connected to the distribution system” shall submit an application to the board that includes for the proposed facility: the nameplate capacity; the estimated energy and number of SRECs to be produced and sold per year; the estimated annual rate impact on ratepayers; the estimated capacity of the generator as defined by PJM for sale in the PJM capacity market; the point of interconnection; the total acreage and location; the current land use designation of the property; and the type of solar technology to be used.
The board shall approve the designation of the proposed solar facility as “connected to the distribution system” if the board determines that:
1) the SRECs forecasted to be produced by the facility do not have a detrimental impact on the SREC market or on the appropriate development of solar power in the State;
2) the loss of tillable acreage that would result from the approval of the designation of the proposed facility, together with the tillable acreage of all other facilities approved pursuant to this subsection, would be a loss of less than two percent of the total tillable acres of farmland in the State on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), pursuant to information provided by the State Department of Agriculture; and
3) the impact of the designation on electric rates and economic development is beneficial.
The board shall act within 90 days of its receipt of a completed application for designation of a solar facility as “connected to the distribution system,” to either approve or disapprove such an application. If the board fails to either approve or disapprove such an application within 90 days, the application shall be deemed approved, and the solar facility submitting the application shall be considered “connected to the distribution system.” If the proposed solar facility does not commence commercial operations within two years following the date of the designation by the board pursuant to this subsection, the designation of the facility as “connected to the distribution system” shall be deemed to be null and void, and the facility shall thereafter be considered not “connected to the distribution system.”
Notwithstanding the provisions of this subsection, a solar facility for which a System Impact Study by PJM was issued prior to March 31, 2011, shall be considered “connected to the distribution system.” If such solar facility does not commence commercial operations within two years following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the designation of the facility as “connected to the distribution system” shall be deemed to be null and void, and the facility shall thereafter be considered not “connected to the distribution system.”
Notwithstanding the foregoing provisions of this subsection, a solar facility that would otherwise be subject to the provisions of this subsection, but that is located on a closed landfill or quarry, shall be considered “connected to the distribution system” and shall not require such designation by the board.
s. No more than 180 days after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall complete a proceeding to establish a registration program. The registration program shall require solar projects greater than one megawatt of nameplate capacity to make periodic milestone filings with the board in a manner and at such times as determined by the board to provide full disclosure and transparency regarding the overall level of development and construction activity of solar projects statewide. The registration program shall also include a registration program filing fee, which shall be $2,500 for each facility with a nameplate capacity below five megawatts and an additional fee of $2,500 for every megawatt in excess of five megawatts of nameplate capacity. The registration program filing fee shall be reimbursed to the registrant in full upon the proposed solar project entering commercial production.2
(cf: P.L.2010, c.57, s.2)
RENUMBER SECTION 2 AS SECTION 3
REPLACE SYNOPSIS TO READ:
Makes changes to solar renewable energy programs and requirements, concerns energy efficiency and renewable energy requirements.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 3,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. 201-209-0324
Flett Exchange is pleased to announce the results of today’s public auction. The clearing price was $296.00for 752 New Jersey Solar Renewable Energy Certificates SREC. This clearing price is the highest price achieved for the Sale of energy year 2012 SRECs since last July. The sale was conducted for The Mount Laural MUA, Bordentown Regional School District, Town of Morristown, Borough of Waldwick and Sparta Township.
Prices for New Jersey SRECs have appreciated in the last month in anticipation of potential changes in legislation. The legislation may require electric companies to procure more SRECs. The State of New Jersey has experienced a tremendous influx of investment in solar in the last twelve months. This investment has outstripped the requirements for electric companies to purchase SRECs for the next 2 years by an estimated 40%. The SREC market is designed to protect the ratepayer from an overinvestment of solar and has dropped accordingly.
The sale was conducted on the Flett Exchange trading platform. Public officials choose to utilize the Flett Exchange auctions to ensure that the price they receive for SRECs is competitive and transparent. The sales are all conducted on the Flett Exchange Internet Platform and is viewable to the public in real-time during the sale. Flett Exchange advertises the sales to all of the electric companies that are required by law to procure SRECs for renewable portfolio standards.
Town Managers can schedule to sell their SRECs in an easy and transparent fashion by filling out the Public Auction Request form or calling us at our Jersey City office.
Not only is it transparent, it is FREE for sellers! Flett Exchange charges a nominal $5 per SREC fee to the buyers.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 3,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. 201-209-0324
The New Jersey SREC market has just reached a five month high of $275.00! The market has moved up because of the release of the final version of the New Jersey Energy Master Plan and the anticipation of introduction and possible passing of solar legislation. We think there is a very high chance for market volatility in the next few weeks. I just wish I could tell you which way it will go!
The energy master plan, released last week, suggested increasing the amount of SRECs purchased by electricity providers to correct the recent overbuild and subsequent dropping SREC values. The solar legislation that is expected to be introduced this month will most likely mandate an increase in SRECs purchased.The state legislature and Governor will have to approve it first. It is expected that if the legislation increases costs too much it will not be signed by the Governor.
We see three potential scenarios:
No Legislation: The SREC market will most likely drop under $150 and stay low for years unless there are new laws in the future.
Legislation with slight increase in RPS: SREC prices may stabilize between $250 and $350 with potential spikes higher
Legislation with large increase in RPS: SREC prices will most likely rise to $400+ for current year
What you may want to do if you have SRECs to sell:
If you don’t want to take the risk of the market dropping, sell now and take advantage of the $125 rise over August lows.
Place orders above the market to sell at levels $20 to $70 above the market to take advantage of a “pop” in the market that does not maintain momentum and later drop off.
If you think the legislation is going to be strong, wait for it to come out and try to maximize your profits if the market continues to rally.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 3,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. 201-209-0324
The final version of the New Jersey Energy Master Plan was released yesterday. It recommends solutions to stabilize the solar industry in NJ while at the same time reduce ratepayer impacts. It contains language that recognizes the unexpected influx of solar investing in the last year which has led to a collapse in SREC prices. It states that an increase in the RPS (Renewable Portfolio Standard: amount of SRECs required to be purchased by power companies) would provide an opportunity for the solar industry to adjust. At the same time it suggests to reduce the SACP (Solar Alternative Compliance Payment: fine that power companies pay for not producing solar or purchasing SRECs from others who invested in solar infrastructure) in order to minimize the rate impact of an RPS acceleration. It is widely recognized in the solar industry that the SACP needs to be adjusted to account for the reduced cost of installing solar. Here are the most significant segments of the Energy Master Plan and how it relates to SREC prices:
Accelerate the RPS
A temporary acceleration of the RPS would provide some interim relief for the current market in SRECs and an opportunity for the industry to adjust. This acceleration would require increasing the RPS over the next three years and reducing the outlier years of the RPS schedule to minimize the impact to ratepayers129. This should provide the foundation for the solar industry to continue to develop and receive SREC payments trading within a reasonable range and would facilitate a reduced SACP schedule.
Reduce the SACP
In order to minimize the rate impact of RPS acceleration and reduce the cost burden borne by non-participants in New Jersey’s solar market, the State has initiated action to materially reduce the SACP. The efficacy of lower cost C&I programs coupled with the anticipated continued cost decline in installing solar PV support a step-down in the SACP levels through 2025.According to the CEEEP analysis, with SREC prices starting at $500/MWh and declining 2.5%every year, the cost of a new solar installation can be recouped in about five years for a C&Iproject of 10-1,000 kW, and in ten years for a residential or small commercial project of less than 10 kW.130There have been a number of proposals to modify the SACP schedule; within the industry, there’s general agreement that a reduction in the overall schedule is warranted to reflect the Continuing downward trend in installed costs. The BPU will propose a new schedule following the release of the EMP.”
Keep in mind that the EMP is JUST A PLAN! It takes legislation to implement the increase in the RPS and decrease the SACP. If, and when, a bill is passed in the New Jersey Legislature it still has to be signed into law by Governor Christie. This bill will have to be sensitive to ratepayer impact and if it overreaches there is a high probability that it will not be singed into law.
Beware of the Fine Print
Solar industry insiders will most likely try to insert special perks in a bill like requirements for ratepayers to enter into long term SREC contracts. Long term SREC contracts have shifted all risk on ratepayers in the past while locking in profits for developers. ($475 10 year fixed rate contracts were prevalent). Mandated long term contracts will create risk free investing for new solar investors while the ratepayer and most current solar owners will suffer any future losses in an oversupply and if solar becomes cheaper during the next 10 years. Long term contracting decisions should be flexible and the decision as to how much of the market should benefit should rest with the Board of Public Utilities like it has in the past. This BPU decision making is best and can be used to promote land use issues and satisfy net benefits tests when siting solar.
Job Retention and Stable SREC Prices
Adjustments like these advocated by the Christie Administration will sustain the investment in solar in New Jersey thus retain thousands of jobs associated with the installation of solar. In the absence of an adjustment it is estimated that the solar industry in New Jersey will have to contract for years (Job losses) before the current state mandates catch up. It makes sense to speed up development due to the significant drop in the installed cost of solar. This drop was not modeled to happen for at least another decade when the current solar legislation was passed in January of 2010. Business’s, homeowners, schools and municipalities that invested in solar in the last few years can expect supported SREC prices if a bill is introduced and signed by the Governor. Hopefully this will happen within the next month!
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Our knowledgeable staff is also available to assist you in selling your SRECs for you. Over 3,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. 201-209-0324
At its meeting on November 9, 2011, The New Jersey Board of Public Utilities (“Board” or “BPU”) approved the results of the eighth solicitation under the SREC-Based Financing Program for ACE, JCP&L, and RECO. The eighth solicitation was held for a statewide planned quantity of 15,617.749 kW, divided as follows: 9,986.292 kW for JCP&L, 5,477.147 kW for ACE, and 154.310 kW for RECO. Bids were due on September 2, 2011. The solicitation was oversubscribed with bids for 15Mw of solar with only 5.9Mw of available capacity. The prices were at an extreme discount to previous solicitations with large facilities awarded average SREC prices of $214.92 guaranteed for 10 years while smaller facilities <=50Kw awarded a fixed price of $232.98. These awards are at significant discounts to 10 year awards granted just over a year ago for the 5th solicitation. Solar projects for that solicitation were guaranteed a payment of $466.21 per SREC for ten years from the Local Distribution Companies with rate payer relief. This latest solicitation resulted in prices that are 50% less. The significant discount in prices to 10 year contracts can be attributed to the oversubscription to the solicitation and not to the true cost of solar. A large majority of solar in New Jersey is developed and then sold to tax equity investors. The price that the investor pays the developer is largely dependent upon the SREC price. A long term SREC price at high levels enables the solar developer to flip the project at high margins. When the EDC solicitations are undersubscribed, which is widely known, developers demand higher prices and have been successful in doing so in 7 of the 8 solicitations. High prices granted by the EDCs are backed by the ratepayer who then has to sell the SRECs in the open market for the next 10 years. If the prices are lower for the next 10 years the ratepayer has to make up the shortfall. Absent of the solicitations, developers have been trying for years to achieve 10 year SREC contracts in the mid to high $200 range. With current low panel prices, mid $100 10 year contracts are being sought after in the bilateral market. EDC contracts should achieve lower prices due to the public backing along with low or nonexistent credit checks on the side of the ultimate solar owner and recipient of the long term contract. The EDC financing program has just ended its 3 year life. There are deliberations going on to discuss whether the EDC program should be continued and if it does what changes should be implemented. In the mean time the Solar Alliance has submitted a petition to the Board of Public Utilities to increase the planned quantities under the programs by 47.3mw for this coming year.
More on Flett Exchange:
Flett Exchange is the leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
New Jersey spot Solar Renewable Energy Certificate Prices traded and settled above $200 on the Flett Exchange market yesterday. The official Settlement price was $205 for the energy year 2012 SREC. (2012 energy year is energy generated between June 1, 2011 and May 31, 2012). This is the first time the market settled above $200 since August 2, 2011. The lowest settlement price was $151 between August 16th and the 18th.
Light Selling Volume
According to daily activity on the Flett Exchange marketplace during the last two months the main contributing factor to the recent rally is a lack of selling volume. Daily volume for the energy year 2012 SRECs has dropped approximately 85% on the Exchange since the first 2012 SRECs were minted at the end of July. According to conversations with sellers the drop in volume is directly correlated to the low SREC prices, not supply and demand analysis. Our homeowner clients are just not selling at all. They are calling, getting the prices, and are in disbelief. We explain to them that the state SREC volume mandates have been recently inundated due to a surge in solar installations. Their reaction is that they will just “wait it out”. Our mid-size, independent clients (individuals who own moderate sized installations, 50 to 250 kW, on their business or realty holdings) sell a little more however, the majority of responses are “I am not selling at this low of a price… I don’t need the money today, I am not selling the low”. Our corporate and investment clients, who own large installations or a portfolio of projects, sold most of their SRECs but look for us to hold their hands and really try to squeeze every dollar out. These larger clients have been closely watching the market over the last year and have either sold some production through us on a forward basis or at least have been aware of the build up situation and declining install costs. They don’t like the current prices but want to continue to participate based on the fundamentals. Our public entities are taking a more systematic approach and employing a consistent selling approach to avoid the “Monday morning quarterback” criticism of market timing if they don’t sell and the market drops further. Energy companies with an RPS are showing solid bids to purchase in the mid to high $100s.
“90 megawatts in 90 days”
The fundamental (supply and demand) factors during the same 2 month period have gotten worse. Install rates during the past three months have been staggering. We termed it “90 mw in 90 days”. The past 3 months have seen 40 mw installed state-wide in June, 19.5 mw in July and 31 mw in August. This rate of installs is 300% higher than the average increase dictated by the State RPS (renewable portfolio standard). State law requires 596,000 SRECs purchased for energy year 2013 which is 153 mw above the 442,000 SRECs required in energy year 2012. An average monthly build-rate of 10mw would keep the market balanced. From what we have seen in the marketplace this build-rate will remain strong and add to the oversupply through the end of the year based on Federal depreciation incentives. Even if spot SREC prices continue to remain weak, projects awarded fixed rate 10 year contracts via the BPU approved JCP&L, RECO and ACE will continue to be installed well into next year. The market as a whole will continue to be over-flooded with projects holding these risk-free 10 year contracts, ALL of which were awarded more than double the prices found in the competitive non-ratepayer supported market. Investors in solar without these fixed rate contracts will have to absorb the lower SREC prices and the ratepayer will absorb the losses on the contracts as the SRECs are auctioned off into the oversupplied spot market.
Laissez Faire vs New Legislation
We see only 2 things that will bring the SREC market back (barring any significant reduction in Federal incentives). They are time and/or a change in legislation. Left alone, we expect the SREC market to remain weak for years. That leaves a legislative change from the New Jersey State legislators, with the blessing of Governor Christie, as the only hope to support the market in the next 6 to 8 months. We believe there will be some type of new bill written this fall to take advantage of the recent surge in investing in solar in NJ that has outstripped the demand set by current legislation. The mature solar market in NJ has attracted cheap capital to the Garden State in the past years which has enabled installation companies to increase employment. This build-up in infrastructure has brought significant competition and the end result is that solar installation costs have dropped significantly. When the original law was written in NJ to build out solar, the assumption was that solar install costs would decrease to the tune of 2 to 3% a year. This low decrease in the cost of solar is why the current law set the ultimate goal of 5,316 gwh in year 2026. This would bring the lowest cost over time to the ratepayer. Since installed costs have plummeted due to lower panel prices, low interest rates, healthy federal incentives, and a competitive installer base in NJ there is an argument to move the ultimate goal forward 5 years to 2021. A change in law moving the goal forward would require more solar to be installed in the next few years and take advantage of the low cost of solar now before things change. This would increase demand for SRECs and enable the positive momentum of solar build-up in the State to continue. Any proposal to increase the demand for solar will increase costs as opposed to leaving the law the way it is. We can expect the Christie Administration to require that the ratepayer be protected from runaway costs. A compromise of lowering the current fine of $653 down to $500 (SACP- solar alternative compliance payment) coupled with decreasing the ultimate goal of 5.35 gwh to 4.9 gwh may be a starting point in creating a bill that includes a “net benefits” to the ratepayer as referred to in the revised Energy Master Plan put out by the Christie Administration. There also has to be consideration given to the competitive retail electric suppliers. These suppliers have recently expanded in New Jersey in the last few years and have brought added competition and choice to electricity users in the state. If a law is passed to speed up the rate of installs in New Jersey these competitive suppliers would be saddled with most of the cost of the incremental demand over the previous laws’ SREC requirement. This is due to the fact that the BGS suppliers enter into 3 year contracts to supply power and would not have to buy the incremental SREC demand. The compromise to lessen the strain on competitive suppliers would be to ramp up the demand for SRECs gradually over the next 3 years, not all in the first year.
Players in Trenton
All eyes will be on Trenton in the next few months. The usual players will most likely be involved. They are State Senator Bob Smith, State Assemblyman Upendra Chivakula, and the Board of Public Utilities, all under the watchful eye of Governor Christie. It is my impression that there is a willingness in both the legislature and the Christie Administration to make legislative changes that will add certainty and continued growth in the solar industry and jobs in New Jersey.
Future of SREC values
What does that all mean for SREC values? If a law is passed to increase the amount of solar gradually over the next 3 years, coupled with a decline in the current SACP then energy year 2012 SRECs should rally slightly, but not as much as if an increase in the amount of SRECs is done immediately in ey 2013. A more gradual approach would lift values higher in forward years of 2014 to 2017 and potentially give investors the chance to lock into 3 to 5 year contracts in the low $200s compared to the mid $100s currently. We highly doubt that under any change in legislation there will be a return to $600+ SRECs.
Solar owners and electric companies utilize the Flett Exchange market to buy and sell SRECs in a transparent and competitive fashion on the Flett Exchange Internet trading platform. The market is available 24 hours a day on the Internet and is staffed 5 days a week by professionals here in our Jersey City offices. We also broker long term contracts for large facilities directly with energy companies who sell electricity in New Jersey.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,300 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Flett Exchange is the only environmental exchange to publish a daily cash settlement price for Solar Renewable Energy Certificates (SRECs). Flett Exchangeâ??s settlement price is a daily volume weighted average for SRECs traded on the proprietary Flett Exchange Internet Trading Platform. Our settlement price is a transparent, fair, and orderly price of SRECs based on free-market competition. Settlement prices are calculated every business day, transmitted to major newswires, and employed by sustainability teams to ascertain the most accurate SREC prices.
Disclaimer: Flett Exchange cannot be held liable for any of the estimates or forecasts listed in this article. All information is estimated and data errors may be significantly impact projections.
September 8, 2011 Third Party Suppliers in New Jersey were largely caught off-guard by the final SREC requirements that were issued on August 26th, 2011. Compliance reports for the 2011 energy year are due on October 1st. At that time any company supplying electricity in New Jersey has to either retire SRECs or pay a solar alternative compliance payment SACP to the State. The SACP for energy year 2011 is $675. Any SACP payments are refunded to ratepayers. Confusion over the required amount of SRECs stems from the change from a percentage requirement to a fixed requirement that went into effect in January 2010 with passage of A3520 the Solar Energy Advancement and Fair Competition Act. Any Basic Generation Service BGS Providers with contracts entered into before passage of the Act remain on the percentage requirement until the contracts expire. This shifted more of the demand onto the Retail Electric Third Party Suppliers. Those suppliers had procured what they thought was their requirement less a few percentage points worth due to the loss in value in the roll to energy year 2012 SRECs which are only trading $195 today on the Flett Exchange electronic marketplace. Prices for energy Year 2011 and 2010 SRECs rallied $164.74 from a $457.09 Flett Settlement on August 25th to a $621.83 settlement on September 7, 2011. The following is the New Jersey Renewable Portfolio Standard Energy Year 2011 Preliminary Solar Compliance Data issued by the New Jersey Board Of Public Utilities on August 26, 2011: NJ Retail Electric Third Party Suppliers, Electric Distribution Companies and BGS Providers: From data submitted to the Office of Clean Energy in the New Jersey Board of Public Utilities (Board staff) by the state’s four Electric Distribution Companies, thirteen unique BGS providers served retail electric end users with 31,334,037 MWhs under contracts entered from the 2008 and 2009 BGS auctions. This supply of electricity is exempt from the newly developed market share basis for NJ RPS compliance per the regulations adopted pursuant to the Solar Advancement Act of 2010.
The reported exempt retail sales must comply with the RPS regulations as they existed at the time of the Act’s passage in January 2010 which was 0.3050 percent of retail sales. As a result, the providers with exempt supply are required to retire SRECs or make SACP payments in the equivalent amount of 95,569 MWhs. The RPS requirements for EY2011 are 306,000 MWh equivalents, ie SRECs retired and SACP payments made by all NJ retail electric suppliers and providers must sum to 306,000 MWh. As a result, non-exempt suppliers and providers must retire 210,431 SRECs or make SACP payments.
The EDCs also reported reconciled retail sales data for the BGS providers with non-exempt retail sales, ie entered under contracts from the 2010 BGS auction as well as preliminary, unreconciled retail sales data for Third Party Suppliers in their respective territories. EDCs reported 17,709,103 MWhs from non-exempt BGS providers and 32,198,209 MWhs from Third Party Suppliers who were not exempted from the Solar Advancement Act’s change to the RPS market share basis for compliance with the solar requirements. The total unreconciled non-exempt retail sales are 49,907,312 MWhs. If you represent a non-exempt supplier or provider, your preliminary solar obligation for that supply can be calculated by dividing your retail sales number as contained in the PJM GATS “My RPS Compliance” report by 49,907,312 and multiplying by 210,431.
Third Party Suppliers have two weeks, by COB Monday September 12 to review their My RPS Compliance report for accuracy with their EY2011 retail sales amount and reconcile the number if required. If the amount in the My RPS Compliance report is inaccurate you must report your final retail sales amount to OCE along with a written explanation for the difference. Please submit reconciliation requests with explanation to OCE@bpu.state.nj.us.
By COB Friday September 16 the OCE will issue a notice of the final retail sales amounts via the NJCleanEnergy.com website and PJM-EIS GATS system. Any questions or comments feel free to use the OCE@bpu.state.nj.us email or contact Scott Hunter at 1-609-292-1956 or Ron Jackson at 1-609-633-9868. More on Flett Exchange: Flett Exchange is the leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,300 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
New Jersey Solar Owners Need to Check GATS for Energy Year 2010 or 2011 SRECs and Sell Them Now! If you own solar in New Jersey you need to check your GATS account for any SRECs tagged June 2009 to May 2011. Those SRECs are energy year 2010 and 2011 SRECs and are usable for 2011 energy year RPS compliance. Renewable Portfolio Compliance filings are due October 1st by New Jersey electric providers . Prices for energy year 2010 and 2011 SRECs are trading $620 on Flett Exchange today. If you do not sell them they will be worth slightly less than the 2012 SRECs which are trading $195 today. That is a $425 difference!! 1. Check your GATS account for NJ SRECs produced June 2009 to May 2011 2. Log onto Flett Exchange and sell them at the current market price. (this price changes, as of this writing it is $620) 3. Call our trading desk at 201 209 0234 and we will lock in your price and help you transfer the SRECs (Energy year 2012 SRECs (June 2011 to May 2012 generation) are trading at $176 today on Flett Exchange. Volume is very light with over 90% of our sellers taking a wait and see attitude at this time)
September 7, 2011 – Flett Exchange is pleased to announce the results of the Stafford Township School District Solar Renewable Energy Credit SREC auction. The sale consisted of 273 credits representing solar energy generated during the 2011 energy year. The sale cleared at $645.01 per SREC. The 2011 energy year runs from June 2010 to May 2011. Flett Exchange charges no commissions to public entities and the proceeds to the District were $176,087.73. The sale was conducted on the Flett Exchange Electronic trading platform. All bids are shown in real time with absolute transparency. Market participation was strong with numerous electric providers competing to fulfill their renewable portfolio standard. Recent strength was seen in the tail end of the 2011 energy year compliance period. Competitive suppliers were given their final tru-up formula from the New Jersey Board of Public Utilities on August 29th. There was surprise in the industry from the side of the competitive electric suppliers with the release of the formula. Final SREC obligations were higher for competitive suppliers based upon a shift away from the basic generation services BGS suppliers who competitive suppliers have solicited business and homeowners to switch from in an increasing rate during the last year and a half. The BGS suppliers, who contract to supply power in 3 year intervals are exempt from increases in the solar carve out increases under the Solar Advancement and Fair Competition Act which changed SREC obligations from a percentage of power supplied to a fixed number. When the BGS supply contracts expire the SREC obligations will even out again. Market volatility has increased in the last month while the last few SRECs make their way to the market. Market sellers at this point are taking large risks since SRECs that are not sold in time for the October 1st deadline can be used for the following year however those prices are currently trading in the high $100s. SRECs for the 2011 energy year traded as high as $640 on the Flett Exchange spot platform which is used by facilities ranging from homeowners with 1 SREC to multi-megawatt facilities with thousands of SRECs. Energy year 2012 SRECs (June 2011 to May 2012 generation) are trading $170 today for immediate payment and delivery. More on Flett Exchange: Flett Exchange is the leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,300 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.v
Owners of Solar in New Jersey were shocked at the lower prices they are receiving for their Solar Renewable Energy Certificates SRECs. The new Energy Year started in June of 2011. Those SRECs were made available for transfer on the State website (GATS) on July 29th. The market price on the new energy year is 50% lower than the previous energy year. Prices as of 8am on Flett Exchange’s Internet trading platform are $276. The Drop in prices is directly correlated to the potential of an oversupply of SRECs for the 2012 Energy year. There has just been too much solar installed too quickly compared to the mandates put on the electric producers. Electric Producers in New Jersey are required by law under the Renewable Portfolio Standard to purchase 442,000 SRECs from solar owners during the June 2011 to May 2012 time period (energy year 2012). There is currently almost enough solar installed to produce that amount of SRECs. The oversupply is coming from the rate that solar is being installed. In June of 2011 alone there was 40 Mw of solar installed in NJ. This was more than 10% of all the solar ever installed since the inception of the program in 2004. At this rate there may be more than a 100,000 oversupply of energy year 2012 SRECs. The SREC market is designed to fluctuate with supply and demand. The lower SREC prices are designed to throttle back development and only let the cheapest installations go forward. In the end the ratepayers will receive the best value based on competitive prices. Flett Exchange customers can view prices in real time on the Flett Exchange Internet trading platform. They can sell at current prices or place an order to sell above the market if they think prices will rebound. More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
On June 20th the New Jersey Senate Environment and Energy Committee made amendments to Senate Bill 2371. The Bill was passed in the State Senate on June 29th and now sits in the Assembly Telecommunications and Utilities Committee. Last move amendments to S2371were made on June 20th which would speed up the already aggressive solar renewable portfolio standard in New Jersey. The intention of the Bill is to prevent a multi-year collapse in Solar Renewable Energy Certificate (SREC) prices. The Bill proposes to skip the energy year (EY) 2013 SREC requirements and move right to EY 2014 requirements. Instead of requiring 596,000 SRECs to be purchased by energy providers in EY 2013, the requirement would jump to 772,000 SRECs. The rest of the schedule would remain the same, just moved ahead one year.
Energy Year
Current SREC Requirements
Proposed SREC Requirements
EY 2011
306,000
306,000
EY 2012
442,000
442,000
EY 2013
596,000 (REMOVE)
772,000 (REPLACE)
EY 2014
772,000
965,000
EY 2015
965,000
1,150,000
EY 2016
1,150,000
1,357,000
EY 2017
1,357,000
1,591,000
EY 2018
1,591,000
1,858,000
EY 2019
1,858,000
2,164,000
EY 2020
2,164,000
2,518,000
EY 2021
2,518,000
2,928,000
EY 2022
2,928,000
3,433,000
EY 2023
3,433,000
3,989,000
EY 2024
3,989,000
4,610,000
EY 2025
4,610,000
5,316,000
EY 2026
5,316,000
At the current pace of solar development, the New Jersey Solar Renewable Energy Credit SREC market is expected to produce an oversupply of SRECs for the upcoming year. The next energy year (June 2011 to May 2012) requires load serving entities (LSEâ??s) in New Jersey to purchase 442,000 SRECs for their compliance. We estimate that 490,000 to 590,000 SRECs will be created by NJ solar installations at the current rate of solar installations. The change proposed in the Bill will mop up the expected oversupply and keep the SREC prices stable. Without such a change the extra supply of SRECs may take 2 years to filter out of the market, and prices for SRECs will be so low that investors in solar in NJ will receive prices for SRECs much lower than expected. Solar development, one of the bright spots in the New Jersey Economy, may drop over 50% from the current pace of installs. SREC prices have already dropped in anticipation of the over-supply and are trading at $375for July 29th delivery. This is a significant drop from the current price of $599.63 which was July 6, 2011 settlement price on the Flett Exchange Internet trading platform. It would take a virtual halt in the rate of solar installs over a period of a year to bring the SREC market into a balanced supply-demand scenario. In the meantime SREC prices for spot and forward terms would remain under significant pressure.
During the June 20th meeting of the Senate Telecommunications and Utilities Committee in Trenton Senator Bob Smith identified that the solar industry and regulators did not expect that the rate of solar installations would be so successful so quickly and potentially exceed the strong State mandates. This Bill is the type of preventive measure that is needed periodically in a program to reach long term goals of solar installations while maintaining confidence with solar investors. With a confident class of investors the ratepayer is more likely to benefit over the long term with clean solar energy at ever decreasing costs.
As this bill works its way through the process, Governor Christie and the BPU will clearly have their say. It is a well known fact that the Administration would like to see the cost of solar brought down for the ratepayer. One should not expect support for a bill from the Governor that would just push SREC prices back up to the $600 level for years. We expect there to be a compromise required from the Governor in the form of lowering the established SACP from energy year 2013 to 2017 (this was hinted to in the revised energy master plan). The current defined SACP is in the High $500 to low $600 Range. A $100 drop would save ratepayers a potential $150,000,000 in energy year 2017 in the case of a short, undersupplied SREC market. Most solar investors that we speak to would accept this compromise in return for the accelerated growth and price support that would transpire with this Bill. Regardless of the recent tensions between Democrats and Republicans in Trenton, we believe that Governor Christie, BPU President Solomom, Senator Bob Smith and Assemblyman Chivakula will work this Bill to continue NJ on the path of more solar for New Jersey residents, businessâ??s and municipalities at lower costs to ratepayers.
There was not support from the competitive electric suppliers for forcing long term contracts on them for SRECs. This long term contracting and shifting of development risk to other parties, be they ratepayers or electric suppliers, is advocated by certain sectors of the solar installers and development industry in New Jersey and was included in this Bill in its original form. Long term contracts were scrapped from the Bill. Long term, 15 year contracts would have transferred all of the risk of solar developers on electric suppliers which in turn would bring electric costs up for all ratepayers. Shifting risk from future solar developers to entities that do not benefit would create a split risk market that would disenfranchise those who already invested in solar.
Michael Flett, President of Flett Exchange, spoke in favor of the bill in Trenton on June 20th in front of the Senate Environment and Energy Committee. He reiterated the need to increase the RPS to prevent a prolonged collapse in SRECs, spoke out against forcing long term contracts on competitive electric suppliers, and also brought up the benefits of a $100 SREC price floor as a future mechanism.
New Jersey is in the right place at the right time with an established solar industry to take advantage of Federal incentives along with plummeting panel prices. The SREC market can take most of the credit as a mechanism. With proactive measures like this Bill with support by Christie, Solomon, Smith and Chivakula the benefits to investors and ratepayers can continue in a competitive fashion.
More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Energy Year 2011 New Jersey Solar Renewable Energy Certificates Trade Below $600 for the first time on the Flett Exchange Internet trading platform. A few hundred SRECs traded at 10:11am on the screen and was followed by a 6 lot trade at $590. Flett Exchange customers have been locking in prices on Flett Exchange since the last minting of energy year 2011 SRECs last Thursday, June 30th. High volume has traded at even increments giving sellers ample opportunity to lock in prices. Customers of the Exchange can see all bids and offers in real time to ensure they are getting competitive pricing. Payment and delivery are all handled seamlessly by Flett Exchange. Payments to sellers are typically made the same day as the transaction. More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Prices for spot New Jersey Solar Renewable Energy Certificates SREC have slid in trading on the Flett Exchange in the past 2 days as solar owners scramble to lock in prices. The Friday, July 1, 2011 settlement price was $609.93 which is a $18.15 drop on the back of a $12.87 drop the previous day.There has been record heavy volume on the exchange due to the minting of the last of the energy year 2011 SRECs on GATS on June 30th. This is the lowest price since July of 2010 and is 7% lower than the $655 settlement price which sellers achieved on Flett for the majority of the year. The current bid on the trading platform is $600 for a few hundred SRECs with buyers posting bids on the trading platform in a scale down fashion. Since the minting of the SRECs at 8am on June 30th Flett Exchange customers have sold SRECs starting at $637.50. Buyers have participated at virtually every level (every $2.50 for hundreds of SRECs) on the Flett trading platform giving sellers a chance to lock in prices, transfer SRECs and get paid. (All Flett Exchange managed SREC clients were locked in at $645! as we took precautionary measures and locked in prices early as opposed to waiting to the 3rd business day) Flett Exchange is the only company to provide the SREC markets with real time execution services and transparency. (Flett Exchange is neutral and does not make money as an aggregator does with offering lower prices to sellers) The New Jersey SREC market is experiencing a pivotal change on the back of unexpected solar development in the Garden State. In past years there has not been hardly enough solar to meet State mandates. Hence, SREC prices have been hoovering near the fine levels. Going into the close of the 2011 energy year (it ended in May 2011) there is estimated to be only a slight shortage of SRECs to meet state needs compared to large shortages in previous years. Inexperienced market analysts have predicted market prices to remain high for the balance of energy year 2011 SRECs which underestimates the risk to sellers. There are a variety of different factors that will come into play during the next 2 months as the remaining compliance buyers pick up their last SRECs. As they finish and prepare their compliance filings, the energy year 2011 SRECs will converge and trade at an expected $20 discount to the energy year 2012 SRECs. At current levels that puts the EY 2011 SRECs in the mid $300s by October 1st. This significant price difference between energy years has created a liability for buyers because if they overbuy SRECs they will loose over $200 if they need to use them for next years compliance. The specter of the possibility of failed auctions in the coming month has many flocking to the Flett Exchange market to lock in prices. There is a record volume auction of the Load Serving Entities SRECs on July 12 of over 30,000 SRECs. This is 10% of the whole years production in one sale. The auction is run by NERA consulting. A large auction into a relatively balanced market, at the end of an energy year, with most LSE’s estimated to be close to finished with compliance buying runs a high risk of clearing at low prices compared to the current spot price. (A failed auction can occure when the sellers choose too high of a reserve price or when there fails to be enough buyers to clear the total volume) There is a slight possibility that the auctions will clear at stable to high prices. Flett Exchange customers can log on 24 hours a day to sell SRECs on our transparent and competitive Internet trading platform to sell their SRECs, call our trading desk during normal business hours 201 209 0234, or email us at info@flettexchange.com. (DON’T TRANSFER SRECS ON GATS AT THE PREVIOUS DAYS SETTLEMENT PRICE AND EXPECT TO GET FILLED THERE. WE CAN ONLY TRANSACT AT THE PRICES AVAILABLE IN REAL TIME) More on Flett Exchange: Flett Exchange is largest volume SREC exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (its simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Once a year it happens in the NJ SREC market, the energy year switch. Sellers of SRECs are confused every year. This year can cost sellers LOTS of money if they don’t sell in time. Let’s go over the basics and why this year is different from years past:
The Energy Year Basics:
The energy year runs from June to May (example: energy year 2011 SRECs represent power produced from the beginning of June 2010 to the end of May 2011.
Power providers in NJ must produce a compliance report on October 1st and at that time they must retire SRECs and/or make Solar Alternative Compliance Payments (SACP).
The time between June and October is called the true-up period. The true-up period gives the buyers enough time to get their count of SREC needs and either buy more or dispose of extra SRECs.
Sellers who have accumulated SRECs and not sold them during the year have a short amount of time to sell their SRECs.
Why are things different this year?
SREC markets are based on supply and demand. In all of the previous years in NJ the amount of solar installed was far short of the State mandates. The result was high and stable SREC prices. This is about to change.
These high prices attract investment. Last year (energy year 2011) there was potentially enough investment in NJ solar to meet mandates. The next year (energy year 2012) appears to have enough and maybe even too much solar investment.
Prices for SRECs for future years have dropped 38% in the last few months.
What should I do if I have SRECs?
If you have SRECs in your GATS account you need to sell them now and sell them again at the end of this month when the last ones are posted in GATS. Don’t try for higher prices. In the past, sellers have been able to get a few extra dollars by holding out until the end. We don’t think the risk/reward is there this year. Trying to get $650 when the best bid is $645 is not wise. If prices start to drop just accept the bid and go on.
The last SRECs that can be used by the buyers for October’s compliance will be May 2011 generation. These SRECs will be available for transfer in GATS at the end of June.
Flett Exchange customers can log onto the Flett Exchange trading platform to lock in their prices 24 hours a day 7 days a week. You can also call our trading desk and we will lock in the price for you. Don’t just transfer SRECs to “Flett Exchange llc” on GATS without first locking in your price! Call us or trade them on our trading platform.
What is going to happen to prices in the future?
Prices for energy year 2012 SRECs are trading in the high $300s for future delivery. These prices are expected to go up and down based on the level of future solar installations. If homeowners, businesses, schools, municipalities and PPA firms continue to develop solar in excess of the State mandates then the SREC prices will continue to go down in price. If solar development throttles back the prices will stabilize. Prices can also stabilize based on Board of Public Utility rulemakings and future legislation changes.
More on Flett Exchange:
Flett Exchange is largest volume SREC exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,800 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (its simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Energy Year 2012 SREC (solar renewable energy certificates) trade $400 on the Flett Exchange Electronic Trading Platform. This is a significant discount to the end of 2011 SRECs which are trading $645 each. Energy Year 2012 SRECs represent generation starting in June 2011 and ending in May 2012. The trade was for 50 SRECs representing solar power generated during June 2011. The SRECs are deliverable on July 29th, which is the first day that energy year 2012 SRECs will be minted and available for transfer on the GATS tracking system. Payment will be made to the seller 5 business days after delivery.
This is a significant discount to SRECs generated for May 2011. The May SRECs will be posted for sale this Friday and are currently trading for $645 on the Flett Exchange Electronic Trading Platform. The price difference between the energy years is different because of supply and demand. There are differing opinions on the supply for 2011 SRECs however, it is right around balanced. Energy Year 2012 SRECs are dropping because the pace of development may far exceed New Jersey State mandates for solar energy in the short term. Owners of NJ SRECs should sell their SREC that are already generated and to be minted this Friday as soon as they are available on GATs. Sellers can log onto their Flett Exchange account to lock in their price for their remaining 2011 SRECs or they can call our trading desk at 201-209-0234. More on Flett Exchange: Flett Exchange is largest volume SREC exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 3,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (its simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Pennsylvania Solar Renewable Energy Certificates (SRECs) or Alternative Energy Credits (AECs) seem to have found support in the $80 range. Over the past year the Pennsylvania SREC market has experienced a precipitous decline, dropping from $300 to $80. This 73% price correction was due to an oversupply of PA SRECs and outdated legislation. If state officials are serious about solar energy development, they will need to address the legislative flaws in Pennsylvania’s Renewable Portfolio Standard (RPS) and implement restrictions that deter extreme SREC volatility. By upgrading the RPS and creating a stable SREC market, Pennsylvania can attract more investment capital, create sustainable in-state jobs, and expand renewable energy development throughout the Keystone State.
Oversupplied SREC Market There are various factors which have led to an oversupply of SRECs in Pennsylvania. One of these factors is the ability for out-of-state SRECs to be used for Pennsylvania compliance. The PA SREC market is unique in that it allows PJM region states to register and sell their SRECs in Pennsylvania. PJM is the Eastern Regional Transmission Interconnection. This renewable energy region consists of all or part of 13 US States and Washington DC. (Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and the District of Columbia comprise the PJM region.) Some PJM regional states do not have a RPS or a viable SREC market, but can still register and sell their SRECs into Pennsylvania. Allowing out-of-state solar installations to sell their SRECs into the PA SREC market is disenfranchising Pennsylvania solar installations. Instead of rewarding instate solar generators Pennsylvania legislation is diluting their investment by allowing out-of-state installations to flood the PA market with SRECs. For Energy Year 2011 (June 1st-May 31st) 18 MWs needed to be purchased by Load Serving Entities (LSEs) or Competitive Electricity Suppliers (CESs) who serve electricity load into Pennsylvania. This meager SREC demand was met by an overwhelming SREC supply of 72 MWs registered, thus creating an oversupply of 54 MWs or approximately 60,000 SRECs. Other PJM states like New Jersey have a closed SREC market. New Jersey does not allow other PJM region states to register and sell their SRECs into their home state. This type of legislation helps New Jersey grow its solar renewable energy markets internally, create in-state jobs, and does not force ratepayers to fund outside state solar projects. New Jersey legislators also passed a law in 2010 that deals directly with an oversupplied SREC market. If NJ SRECs decline three consecutive energy years in a row, solar requirements will automatically increase by 20% each year. This law acts as a circuit breaker to keep the market from collapsing and ensures that the NJ SREC market is a viable mechanism for years to come. Another way for Pennsylvania to control the amount of SRECs that are being registered and sold into its market is to institute a megawatt cap on solar installations. Megawatt caps inhibit large solar farms from dominating a developing market. In essence, they protect the RPS from being satisfied too quickly and flooding the state with SRECs. New Jersey was successful in implementing a 2 MW cap for net-metered systems. The New Jersey Board of Public Utilities (BPU) allowed the SREC market to develop slowly. Once the market was well established and operating efficiently, state officials lifted the 2 MW cap (January 2010) and New Jersey grew into the largest and most active SREC market in the United States. Capping the size of solar facilities creates an even playing field. It encourages distributed generation and allows various entities to participate in developing solar, instead of having the market dominated by a few utility-scale solar facilities. A Stronger Renewable Portfolio Standard (RPS) is Needed Pennsylvania’s RPS needs to be updated. “When we created the Alternative Energy Portfolio Standards Legislation in 2004, the solar energy requirements were carefully constructed to start low and increase very gradually over the first 10 years.” (Representative Chris Ross, “Proposed Legislation-Solar Renewable Energy Certificates” to the House of Representatives, 5/16/2011). However it has been seven years since state officials have critically reviewed Pennsylvania’s RPS and its effect on the SREC market. Like any other developing market, the PA SREC market and RPS need to be supervised and frequently upgraded for the betterment of its participants. By taking a proactive stance on the RPS and implementing SREC market circuit breakers, Pennsylvania can reduce renewable energy boom and bust cycles. A sobering exercise is to compare New Jersey’s RPS Requirement in SRECs to that of Pennsylvania’s. The following diagrams illustrate how New Jersey’s RPS is significantly greater than Pennsylvania’s from Energy Years 2011-2016. This is backwards legislation, since Pennsylvania uses the most electricity in the PJM region. Last quarter alone Pennsylvania used 22.44% of PJM region electricity; Virginia was second at 16.62%, Illinois was third at 14.06%, and New Jersey was fourth at 10.92% (Monitoring Analytics). The obvious solution would be for Pennsylvania to increase its RPS and promote renewable energy technologies to reduce the strain on the electricity grid, deter climate change, and purify air quality.
New Jersey SREC Market
Energy Year
RPS Requirement (in SRECs)
SACP
EY 2011
306,000
$675
EY 2012
442,000
$658
EY 2013
596,000
$641
EY 2014
772,000
$625
EY 2015
965,000
$609
EY 2016
1,150,000
$594
Pennsylvania SREC Market
Energy Year
RPS Requirement (in SRECs)
SACP
EY 2011
33,000
TBD 12/2011
EY 2012
53,000
TBD 12/2012
EY 2013
85,000
TBD 12/2013
EY 2014
140,000
TBD 12/2014
EY 2015
245,000
TBD 12/2015
EY 2016
435,000
TBD 12/2016
Interestingly enough, in May of 2011, Pennsylvania State Representative, Chris Ross (Chester County) introduced new legislation that could assist the PA solar industry and SREC market. Ross is proposing legislation that would increase the amount of SRECs that utilities would need to purchase through 2015. His bill would also make Pennsylvania a closed SREC market, disallowing out-of-state generators the ability to register and sell there SRECs in Pennsylvania.
Defined Solar Alternative Compliance Payment (SACP) Pennsylvania should also enact a competitive and clearly defined Solar Alternative Compliance Payment (SACP). The SACP is a penalty that utilities and electric distribution companies (EDCs) pay if they do not procure enough SRECs in the open marketplace. Unlike other PJM region states which have clearly defined SACPs (DE, NJ, MD, OH and Washington D.C.), Pennsylvania takes a different approach to setting their SACP. Pennsylvania’s SACP is 200% of the average market value of SRECs sold in that energy year and is not disclosed until six months after the close of the energy year. Pennsylvania’s back dated SACP does not help solar development. The state’s “wait and see” approach for reporting their SACP does not bring certainty to a developing solar market. On the other hand, New Jersey provides its solar market with a forward projecting eight year SACP (EY 2009-EY 2016). New Jersey’s SACP is set at $711 in 2009 and gradually declines 2.5% to $594 in 2016. This clearly defined penalty schedule is valuable to solar developers, debt lenders, and equity investors. It allows them to model out forward SREC projections on a percentage basis of the SACP and assume tight, balanced, and oversupplied SREC scenarios. SRECs are the key financial component for successful solar development and a future SACP should be available to the marketplace to allow investors to quantify their risk. Forward Pennsylvania SREC Market Conditions The PA SREC market is in a contango market. Contango is a commodities term which means that the forward energy years are trading at a premium to the spot energy year. As one goes out on the forward PA SREC curve, future SREC generation can trade at a premium to discounted spot SRECs. This could be happening for few reasons:
1.Pennsylvania’s RPS increases incrementally in the future.
1.The 73% crash in EY 2011 PA SRECs has stranded and discontinued many Pennsylvania projects. The inability to bring projects to market could diminish the SREC overhang and buyers could be seeking value in lower SREC prices.
1.After the fall of HB 2405 and HB 1128, State Representative, Chris Ross is proposing legislation that could make Pennsylvania a closed SREC market and increase its RPS for 2013, 2014, and 2015. The market could be viewing this news as a “call option” and purchasing SRECs in hope of legislation being passed and SREC prices increasing in future value.
Year
2011
2012
2013
2014
2015
Offers
$105
$110
$150
$160
$160
Bids
$100
$105
$145
$150
$150
Pennsylvania has the right environment for solar development. Deregulated electricity caps are coming off, which could drive up the price of electricity. Solar energy significantly reduces or neutralizes electricity costs. However Pennsylvania legislators need to implement regulations that stabilize and entice parties to invest in solar. By increasing Pennsylvania’s RPS and closing state boarders to outside solar generators, Pennsylvania can demonstrate that it is serious about renewable energy and the growth of it’s SREC market.
Risk Disclaimer:
Flett Exchange, LLC discloses that there risks associated with the buying and selling of Solar Renewable Energy Certificates (SRECs). SRECs can fluctuate in price, be volatile in nature and there is no guarantee that SREC prices will appreciate or decline over time. SRECs are sensitive to economic, political, legislative, regulatory and other unforeseen factors and can experience periods of illiquidity. Flett Exchange, LLC is an environmental exchange, brokerage and consulting firm. Flett Exchange, LLC facilitates the transaction and monetization of SRECs. Under no circumstances can Flett Exchange, LLC be held responsible for the actions, expectations or decisions of participating parties. All parties act on their own accord, cost and expense. All parties agree not to hold Flett Exchange or its officers, employees, subsidiaries or affiliates responsible for any wrongdoings. All parties forgo their right to claims, demands, disputes, controversies, complaints, suits, actions, proceedings and past, present or future allegations against Flett Exchange, LLC. This is not a solicitation to buy, sell, or trade SRECs , nor is it a solicitation to buy a solar array or generation facility of any kind.
More on Flett Exchange:
Flett Exchange is largest volume SREC exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,800 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (its simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
The New Jersey Energy Year 2012 (June 1st 2011 – May 31st 2012) SREC prices have experienced a sharp decline. The precipitous drop in price is due to an expectation of an oversupply of SRECs for New Jersey in the next 12 months. Solar development has quickly outpaced state mandates. New Jersey is second only to California for installed solar capacity and now has over 9,000 statewide solar installations, which equates to 330 Megawatts (MW) of distributed generation. The Board of Public Utilities (BPU) recently announced that 29 MW of solar was installed in April 2011. This monthly record build will assist New Jersey in meeting and exceeding its Renewable Portfolio Standard (RPS). The prior record build was 25 MW which was set in December 2010 and installed solar capacity has averaged 15MW per month since September 2010. In order to quantify the oversupplied scenario let’s review the NJ SREC supply and demand situation. As of April 2011, 330 MW of solar was installed in NJ which equates to approximately 396,000 annual SRECs. If the NJ solar industry stopped installing solar right now, the market would remain short compared to the required demand. However solar installations are gaining momentum and continue to be installed at a robust pace which could quickly oversupply demand. The build-out rate will dictate the severity of the oversupplied situation. This leaves the most important question: will the market continue to build at the current rate or will the market participants assess the oversupply risk and throttle back on installs? Our conservative estimate of an annual monthly build out rate of 7 MW per month starting in July would produce approximately 501,000 SRECs for EY 2012. Another estimate of a 17MW per month build out rate would produce 564,000 SRECs for EY 2012. Load Serving Entities (LSEs) need to purchase 442,000 SRECs for Energy Year 2012. If LSEs do not purchase enough SRECs in the spot market to satisfy their state mandated obligation, they are subject to pay a Solar Alternative Compliance Payment (SACP) of $658.00. In past NJ Energy Years SREC demand has outstripped supply, creating a tight market and allowing the SRECs to trade between 92%-97% of the SACP. However this should not be the case for Energy Year 2012. The above estimates create an oversupply situation of 59,000-122,000 SRECs for Energy Year 2012. The Pennsylvania SREC market is an example of what can happen to an SREC market when it goes oversupplied. In EY 2010 PA SRECs were trading in the $300s, when the market went oversupplied and prices declined swiftly and lost 70% of their value in a year. This is a good lesson for NJ solar generators and demonstrates that SREC markets can be volatile and illiquid by nature and that the best way to sell SRECs is on a regular basis or “hit bids” as the market moves lower. Some PA solar generators failed to sell their SRECs as prices moved lower, only to capitulate at lower prices. Waiting until the end of the Energy Year to transact your NJ SRECs at a premium price is now a thing of the past. NJ solar generators should be pro-active with their NJ SRECs and should sell as prices move lower to achieve a healthy dollar cost average to ensure a steady revenue stream. It is also important for participants realize that SREC markets were established to self correct. When too much solar is developed there is an oversupply of SRECs and prices go down. When not enough solar is developed SREC demand increases and prices go up. When a SREC market corrects to the downside, only the most cost-effective installations will be brought to market, since they have the ability to install solar at a lower SREC price and receive a lesser return. Going forward, installations who accept a lesser return-on-investment and embrace more SREC risk will be the ones being developed in New Jersey. There are two ways to prevent the SREC market from being oversupplied. First is to slow the pace of solar development and second is for New Jersey to increase the amount of solar needed. State RPS goals for 5 Giga Watt Hours of solar by 2026 should be moved forward. New Jersey is a clear leader in solar energy and hopefully the revised Energy Master Plan will recommend an increase in solar in a shorter amount of time. New Jersey SREC prices for Energy Year 2012 are currently being quoted on the Flett Exchange. Our customers can utilize Flett Exchange’s online trading platform to price their first delivery of 2012 SRECs, which occurs in late July 2011. The current EY 2012 NJ SREC market is $400 bid and offered at $500. Please go to www.flettexchange.com to review daily SREC settlement prices. More on Flett Exchange: Flett Exchange is largest volume SREC exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,800 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (its simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services. Disclaimer: Flett Exchange cannot be held liable for any of the estimates or forecasts listed in this article. All information is estimated and data errors may be significantly impact projections.
Prices for Solar Renewable Energy Credits SRECs in New Jersey starting this summer (energy year 2012 – June 2011 to May 2012) drop below $500. This is a sharp contrast to the $658.99 settlement for SRECs being traded on the Flett Exchange spot market. This is due to the perception that solar is being built at too quick of a pace and will oversupply the utilities needs for the next energy year. The drop in SREC prices will filter out all of the high priced solar projects in the State. Flett Exchange brokers long term SREC contracts for solar customers. Our customers have been locking in forward prices for SRECs to protect against an oversupply situation like this. The active market to lock in forward prices is currently 1, 2 and 3 year contracts. More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
New Jersey Solar Renewable Energy Certificate (SREC) prices are declining. With the robust pace of installations there will most likely be an oversupply of SRECs in the New Jersey market in Energy Year 2012. This includes production from June 2011 to May 2012. Prices for this period are approximately trading around $550 per SREC, which is 15% lower than the current trading price of $655 for Energy Year 2011 SRECs. If the rate of solar installations continues at this rate, prices can be expected to drop into the $400s and even into the $300s for the Energy Year 2012 SRECs. Most solar investors only look at the spot price of SRECs. They are unaware of the recent drop in forward prices until the end of July when the new Energy Year rolls over and SRECs are minted. Development will most likely continue at the rapid clip until the lower prices are widely known within the industry. Most installers will increase sales while the prices are high and look to lock in contracts. The high spot prices of New Jersey SRECs has brought in increased competition and has lowered install costs significantly. The competitive nature of higher SREC prices created lowered margins and brought to a mature solar industry to NJ in a short period of time. Long-Term 10 year SREC contracts recently awarded to installations in JCP&L, ACE, and RECO SREC solicitations will have to be absorbed by ratepayers for years to come. Most of these contracts were awarded at prices as high as $450 for periods as long as 10 to 15 years and have not even been built yet. Lower SREC prices are designed to eliminate higher cost projects and only low cost projects will develop. Solar developers can lock into 3 to 5 year bilateral contracts directly with Load Serving Entities (LSEs). Flett Exchange actively brokers these contracts. More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
April 19, 2011 – Flett Exchange is pleased to announce the results of the Mt. Laurel MUA, New Jersey Solar Renewable Energy Certificate (SREC) public-auction. 191 New Jersey 2011 SRECs were sold at a clearing price of $655.00. The sale was conducted on Flett Exchange’s online, transparent environmental exchange under its “Public-Auction SREC Market” and total market proceeds equaled $125,105.00. Qualified buyers and the public could participate and/or observe the bidding in real time by logging in to Flett Exchange. The $655.00 clearing price is 97% of the $675 Solar Alternative Compliance Payment (SACP). The SACP is the payment electric producers have to pay to the State of New Jersey if they do not produce a specified amount of electricity using solar energy or through the purchase of SRECs from facilities located in New Jersey. This activity supports solar development in New Jersey and SREC revenue goes to entities that take risk in developing solar facilities. More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
As of March 2011 there is 305 Mw of installed solar capacity. At the current pace of installs the New Jersey SREC market will be oversupplied in energy year 2012. Here is a press release from the New Jersey Board of Public Utilities:
April 12, 2011 -New Jersey Excels in the Solar Market – New Jersey surpasses 300 MW of installed solar capacity and is on target to exceed Renewable Portfolio Standard goals this coming Energy Year – TRENTON, N.J. – The New Jersey Board of Public Utilities (BPU) announced today that New Jersey’s installed solar capacity has surpassed 300 MW, and that there are more than 8,000 projects statewide. Solar installations in New Jersey are coming online at an unprecedented rate. Newly installed capacity has averaged 15 MW per month since September 2010. This has increased the supply of Solar Renewable Energy Certificates (SREC) eligible for use in meeting New Jersey’s Renewable Portfolio Standards (RPS).
Through March 2011, New Jersey has a total of 305 MW of solar renewable energy capacity installed as a result of incentives available through New Jersey’s Clean Energy Program, net metering and interconnection regulations, RPS regulations, and the SREC financing model. The amount of solar capacity installed in 2010 exceeded the cumulative amount of solar installed since the beginning of the clean energy incentive programs in 2001.
”New Jersey continues to be at the forefront of the solar industry,” said BPU President Lee A. Solomon. “As the SREC market continues to grow, New Jersey will ensure that there is transparency and certainty for businesses in the renewable energy market.”
New Jersey’s RPS program continues to attract varied participants, including facility owners of all sizes, renewable energy generation facility developers, renewable energy system installers, energy brokers, aggregators and auction hosts. Stakeholders stated, again and again, that reporting accurate REC and SREC price data is essential to advance the renewable energy market. When RECs or SRECs are transferred or retired, correct price data must be entered in the PJM-EIS Generation Attribute Tracking System (GATS) so that all market participants can get an accurate picture of market trends. The BPU approved recently new rules governing the registration process to make certain that necessary data is available for market analysis. Prior to the recent changes, the developer of a solar array would register the project when the array was about to be operational. To improve transparency, the new rule requires registration of the intent to seek SRECs prior breaking ground on the project.
The draft 2010 Annual Report on New Jersey’s Renewable Portfolio Standard Rules was released today for public comment. Stakeholders have until May 30, 2011, to provide comments to the Office of Clean Energy. Comments should be submitted to, OCE@bpu.state.nj.us
The solar RPS goal is 442,000 MWh, or 368.33 MW of capacity for energy year 2012, which runs from June 1, 2011, through May 31, 2012. According to the draft report, if the recent growth in the SREC market continues, New Jersey will be on track to exceed its RPS goal in Energy Year 2012.
Electricity suppliers can meet their RPS requirements by purchasing SRECs. If they do not meet the requirements of New Jersey’s solar RPS, they must pay a Solar Alternative Compliance Payment (SACP). The price of SRECs, which are traded in a competitive market, may vary significantly due to fluctuations in supply and demand.
For more information about the NJBPU or New Jersey’s Clean Energy Program visit NJCleanEnergy.com or call 866-NJSMART.
About the New Jersey Board of Public Utilities (NJBPU):
The NJBPU is a state agency and regulatory authority mandated to ensure safe, adequate and proper utility services at reasonable rates for New Jersey customers. Critical services regulated by the NJBPU include natural gas, electricity, water, wastewater,telecommunications and cable television. The Board has general oversight responsibility for monitoring utility service, responding toconsumer complaints, and investigating utility accidents. To find out more about the NJBPU, visit our web site at www.nj.gov/bpu.
About the New Jersey Clean Energy Program (NJCEP):
NJCEP, established on January 22, 2003, in accordance with the Electric Discount and Energy Competition Act (EDECA), provides financial and other incentives to the State’s residential customers, businesses and schools that install high-efficiency or renewable energy technologies, thereby reducing energy usage, lowering customers’ energy bills and reducing environmental impacts. The program is authorized and overseen by the New Jersey Board of Public Utilities (NJBPU), and its website is www.NJCleanEnergy.com.
More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
The New Jersey Board of Public Utilities Approved the Results of Round 6 of the Local Distribution Company Long Term Solar Renewable Energy Certificate SREC contracting. This solicitation was for a total of 20Mw. 5.8 Mw was for JCP&L, 11.9 Mw for Atlantic City Electric ACE, and 2.3Mw for Rockland Electric. The competitive solicitation was performed by NERA.
The results for larger projects (above 50 kW) were as follows:
One hundred and five (105) bids were received, totaling 39,082.716 kW;
Forty-seven (47) awards were made, totaling 15,788.237 kW;
Fifty-eight (58) bids totaling 21,797.641 kW were rejected because pricing was found not to be competitive;
The average NPV for the recommended awards is $2,926.34 (corresponding to an average SREC price of $413.83/SREC for a ten-year contract);
The lowest NPV for the recommended awards is $2,423.64 (corresponding to an average SREC price of $342.74/SREC for a ten-year contract).
Offers by solar developers were twice the available capacity in the solicitation. This was due to a rush by developers in hopes to cash in on the above market prices achieved during the previous 5 solicitations. The solicitation is competitive in the sense that the projects are selected from lowest price to highest until the quantity is filled or when the prices become “uncompetitive”. There is no transparency in any part of the solicitation. All offers are blind and all individual contract results are kept confidential. Award pricing varies widely based on the distribution areas of the individual projects.
The long term prices awarded during these solicitations continue be approximately 30% higher than comparable prices in the free market. This premium can be estimated to be a 50% premium if consideration is taken as to the quality of the contract. It is widely understood in the industry that a long term contract with a local distribution company with the blessing of the BPU is stronger than a bilateral contract with an independent power company. Ratepayers make up for the losses in these contracts if the prices of SRECs decline in the next 10 years. In the short run the ratepayer will profit if the LDC companies can sell the SRECs at a higher price in the spot market.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers. Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange also brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
March 29th, 2011 – Flett Exchange is pleased to announce the results of the Jersey City, NJ Public Schools Solar Renewable Energy Certificate (SREC) public-auction. 277 New Jersey 2010 SRECs were sold at a clearing price of $643.50 and 285 New Jersey 2011 SRECs were sold at a clearing price of $655.00 The sale was conducted on Flett Exchange’s online, transparent environmental exchange under its “Public-Auction SREC Market” and total market proceeds equaled $364,924.50. Qualified buyers and the public could participate and/or observe the bidding in real time by logging in to Flett Exchange. The $655.00 clearing price is 97% of the $675 Solar Alternative Compliance Payment (SACP). The SACP is the payment electric producers have to pay to the State of New Jersey if they do not produce a specified amount of electricity using solar energy or through the purchase of SRECs from facilities located in New Jersey. This activity supports solar development in New Jersey and SREC revenue goes to entities that take risk in developing solar facilities. More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services
The New Jersey Renewable Energy Manufacturing Incentive REMI program provides cash incentives for new solar installations that purchase solar panels, inverters and racking systems manufactured in New Jersey. You must purchase the products from a manufacturer that has been approved to participate in the NJREMI program. The program budget is $1.0 million so just like other solar incentives in New Jersey you may want to act fast before the money runs out. Projects in both the Renewable Energy Incentive Program REIP and the SREC Registration Program SRP are eligible. The incentive will be capped at 500kW per project.
Renewable Energy Manufacturing Incentives:
Incentive ($/ Watt)
Maximum System Size
Maximum Incentive
Solar Panels
Residential: 0 – 10 kW
$0.25
10 kW
$2,500
Non-Residential: 0 – 50 kW
$0.14
50 kW
$7,500
Non-Residential: 51 – 100 kW
$0.12
100 kW
$12,000
Non-Residential: 101 – 500 kW
$0.08
500 kW
$40,000
Inverters and Racking Systems
Residential: 0 – 10 kW
$0.15
10 kW
$1,500
Non-Residential: 0 – 50 kW
$0.09
50 kW
$4,500
Non-Residential: 51 – 100 kW
$0.07
100 kW
$7,000
Non-Residential: 101 – 500 kW
$0.05
500 kW
$25,000
As of March 15, 2011 the approved companies and products are:
There is also a bill in the New Jersey Legislature that will give a Solar Renewable Energy Certificate SREC for every 850 kw of power instead of 1000kw for facilities that utilize solar products manufactured in New Jersey. The bill is in its infancy and has yet to define what qualifies a “made in NJ” solar array in terms of panels, racking or inverters.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
First Energy corp’s subsidiary Pennsylvania Power Company (Penn Power) has just announced the results of its RFP for 2,200 Solar Renewable Energy Certificates SREC (SPAECs) a year for 9 years. The average price was for $199.09 per SREC. Deliveries are scheduled to begin June 2011 and end May 2020. The bidding process was conducted by the Brattle Group. First Energy is required to procure SRECs under Pennsylvania’s Renewable Portfolio Standard. The low price of the nine year procurement is most likely the result of the oversupplied Pennsylvania SREC market. Spot prices for PA sited SRECs are currently $120 per SREC. Winners may potentially deliver in SRECs from Delaware and Washington DC which also have an oversupply of SRECs. More on Flett Exchange: Flett Exchange the a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,200 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
First Energy corp’s subsidiary Pennsylvania Power Company (Penn Power) has just announced the results of its RFP for 2,200 Solar Renewable Energy Certificates SREC (SPAECs) a year for 9 years. The average price was for $199.09 per SREC. Deliveries are scheduled to begin June 2011 and end May 2020. The bidding process was conducted by the Brattle Group.
First Energy is required to procure SRECs under Pennsylvania’s Renewable Portfolio Standard.
The low price of the nine year procurement is most likely the result of the oversupplied Pennsylvania SREC market. Spot prices for PA sited SRECs are currently $120 per SREC. Winners may potentially deliver in SRECs from Delaware and Washington DC which also have an oversupply of SRECs.
More on Flett Exchange:
Flett Exchange the a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,200 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
How will your company take advantage of the extension of the 1603 Treasury Program and 100 percent bonus depreciation? SEIA’s updated “Guide to Federal Tax Incentives for Solar Energy” will help you learn how to calculate your tax basis and depreciation basis as well as update you on changes in the section 1603 Treasury grant program. The guide is free to SEIA members and can be downloaded by logging into the members-only section of www.seia.org.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
A bill passed by the New Jersey State Legislature allowing wind and solar facilities to be built on closed landfills and quarries is awaiting Governor Christies signature. This legislation continues the trend towards larger solar arrays. In the end this will better enable solar developers in the State to achieve the amount of solar installs to satisfy renewable portfolio standard RPS requirements. The amount of solar installed in NJ has consistently not been enough to generate enough Solar Renewable Energy Certificates SRECs needed by electricity producers in New Jersey. This has resulted in SREC prices trading at 97% of the solar alternative compliance payment SACP for years. It is likely that financing for solar at these landfills will be attained through bond issues at the county levels. Repayment of the bonds will rely on revenue from SRECs along with the sale of electricity. Public – private structures that are designed correctly can bring the best value to ratepayers and counties alike.
The following is a copy of the bill:
[Second Reprint]
SENATE, No. 2126
STATE OF NEW JERSEY
214th LEGISLATURE
INTRODUCED JUNE 24, 2010
Sponsored by:
Senator JIM WHELAN
District 2 (Atlantic)
Senator PHILIP E. HAINES
District 8 (Burlington)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Assemblywoman CONNIE WAGNER
District 38 (Bergen)
Co-Sponsored by: Senators Beach, Madden, Greenstein, Assemblywoman Casagrande, Assemblymen Rudder and Delany SYNOPSIS Permits development of solar and wind facilities and structures on landfills and resource extraction operations under certain circumstances.
CURRENT VERSION OF TEXT As reported by the Assembly Telecommunications and Utilities Committee on December 13, 2010, with amendments. AN ACT concerning solar energy and wind energy and supplementing P.L.1979, c.111 (C.13:18A-1 et seq.) and P.L.1975, c.291 (C.40:55D-1 et seq.). BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. 1a.1 2[The] Within 120 days after the date of enactment of this act, the2 Pinelands Commission 2[, in reviewing any application for] shall adopt rules and regulations providing for the approval of2 the development of a solar or photovoltaic energy facility or structure 2in the pinelands area2 on the site of a 2[closed]2 landfill or 2[quarry, or an existing or]2 closed resource extraction operation 2[, within the pinelands area, shall determine] which operated pursuant to a resource extraction permit on or after December 31, 1985, provided2 that the development is 2[in conformance with the applicable standards of]consistent with2 the comprehensive management plan, adopted pursuant to section 7 of P.L.1979, c.111 (C.13:18A-8), 1[and] 2[provided that1] and2: 1[a.]1 (1) if located on a 2closed2 resource extraction site, the facility or structure shall be on previously disturbed lands that have not subsequently been restored 2, become reforested, or become habitat critical to the survival of a threatened or endangered species of animal or plant,2 and which are not subject to any restoration obligation pursuant to the comprehensive management plan; (2) if located on a closed landfill, the facility or structure shall be on previously disturbed lands 2[or] , and may be on2 adjacent lands 2[,] thereto but only2 if required to ensure the viability of the proposed facility or structure 2and as necessary solely for access to the facility or structure and transmission ingress and egress2 ; or (3) if located on a landfill that has not been closed in accordance with a plan approved by the Pinelands Commission in consultation with the Department of Environmental Protection, the development of the facility or structure shall facilitate closure of the landfill in accordance with such a plan. The landfill shall be closed in accordance with a plan approved by the commission, in consultation with the department, under the requirements of the comprehensive management plan prior to, or concurrent with, the installation of the solar or photovoltaic energy facility or structure1[;] .1 b. 1[Development] In addition to the conditions set forth in subsection a. of this section, development1 of the facility or structure shall not permanently or adversely impact: (1) any existing engineering devices or other environmental controls located on a site, except as may be approved by the Pinelands Commission in consultation with the Department of Environmental Protection; and (2) ecologically sensitive areas located on, adjacent to, or within the same sub-watershed as the site proposed for development, except as may be approved by the commission in consultation with the department. c. Within one year after the termination of use of the solar or photovoltaic energy facility or structure, the facility, and all structures associated therewith, shall be removed and restoration of the site shall be completed in accordance with the comprehensive management plan, or within another time period as approved by the Pinelands Commission, in consultation with the Department of Environmental Protection and under the requirements of the comprehensive management plan.
2. 1a.1 Notwithstanding any law, ordinance, rule or regulation to the contrary, a solar or photovoltaic energy facility or structure constructed and operated on the site of any 2[closed]2 landfill 2[or quarry, or a legally existing]2 or closed resource extraction operation, shall be a permitted use within every municipality. 1b. Notwithstanding any law, ordinance, rule or regulation to the contrary, a wind energy generation facility or structure constructed and operated on the site of any 2[closed]2 landfill 2[or quarry, or a legally existing]2 or closed resource extraction operation, shall be a permitted use within every municipality outside the pinelands area as defined pursuant to section 3 of P.L.1979, c.111 (C.13:18A-3).1 2The Department of Environmental Protection may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as necessary to effectuate the purposes of this subsection.2
3. This act shall take effect immediately.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,000 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Spot Pennsylvania SREC prices on Flett Exchange recently settle at $186. This is the lowest settlement price for PA Energy Year 2011 SRECs to date. Pennsylvania SREC prices have dropped 38% since summer of 2010 when they were consistently trading at $300 per SREC. Price drops are attributed to an oversupply of SRECs due to short-term over investment in solar facilities and the ability for the entire PJM Region to register and sell their SRECs in Pennsylvania. These price drops have still occurred despite large quantities of PA SRECs being exported for renewable portfolio standard needs in Ohio.
Dropping SREC prices are a sign of a properly functioning competitive SREC market. During times of over investment SREC prices drop, thus bringing savings to ratepayers while throttling back over investment. Once SREC prices normalize only the most economical solar projects will be developed. Long term SREC prices correlate to the true cost of developing solar.
More on Flett Exchange:
Flett Exchange is the leading SREC exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Thousands of active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-5 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
The Ohio SREC market is a split market at this point. 50% of Ohio Renewable Portfolio Standard (RPS) buyers SREC purchases must be met by in-state facilities. The remaining 50% can be met by bordering state generators (PA, WV, KY, IN, MI) That are registered in the state of Ohio. There is a point when out of state sited SRECs can no longer be accepted by RPS buyers. What this means to non-Ohio sited SREC sellers is that the value of selling in Ohio will be decreased or nonexistent. This is only meant for the short run EY 2010. Future energy years can bring different results.
Flett Exchange is pleased to announce the results of the Atlantic County Utilities Authority (ACUA) Solar Renewable Energy Certificate (SREC) public-auction. 145 New Jersey 2011 SRECs were sold at a clearing price of $660.00. The sale was conducted on Flett Exchange’s online, transparent environmental exchange under its “Public-Auction SREC Market” and total market proceeds equaled $95,700.00 Qualified buyers and the public could participate and/or observe the bidding in real time by logging in to Flett Exchange.
The $660.00 clearing price is 98% of the $675 Solar Alternative Compliance Payment (SACP). The SACP is the payment electric producers have to pay to the State of New Jersey if they do not produce a specified amount of electricity using solar energy or through the purchase of SRECs from facilities located in New Jersey. This activity supports solar development in New Jersey and SREC revenue goes to entities that take risk in developing solar facilities.
More on Flett Exchange:
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 2,200 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and receive a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Flett Exchange is pleased to announce the results of the Lawrence Township Public Schools Solar Renewable Energy Certificate (SREC) public-auction. 119 New Jersey 2010 SRECs were sold at a clearing price of $649.00 and 415 New Jersey 2011 SRECs were sold at $655.00. The sale was conducted on Flett Exchange’s online, transparent environmental exchange under its “Public-Auction SREC Market” and total market proceeds equaled $349,056.00. Qualified buyers and the public could observe the bidding in real time by logging in to Flett Exchange. The $655.00 clearing price is 97% of the $675 Solar Alternative Compliance Payment (SACP). The SACP is the payment electric producers have to pay to the State of New Jersey if they do not produce a specified amount of electricity using solar energy or through the purchase of SRECs from facilities located in New Jersey. This activity supports solar development in New Jersey and SREC revenue goes to entities that take risk in developing solar facilities. More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 1,800 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience. Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Although the 2010 legislative session is far from over in Pennsylvania, an attempt to increase solar energy mandates has effectively ended.
“For all practical purposes, it’s dead,” Maureen Mulligan, lobbyist for Pennsylvania’s two largest solar-advocacy groups, wrote in an e-mail this past Monday.
The latest attempt marks the third time in two years that legislative proposals to boost Pennslyvania’s solar energy mandates has failed to reach a full vote in the state’s House or Senate. This most recent attempt, which began over the summer, hoped to minimize opposition by increasing only the solar energy requirements, rather than proposing higher alternative energy standards across the board. Proponents sought a solar carve-out of 1.5 percent, a full one percent over the current mandate of 0.5 percent required by existing legislation adopted in 2004.
Neighboring states, including New Jersey and Delaware have adopted higher mandates since then, something John Hanger, Pennsylvania’s environmental secretary, noted Monday. “We can see the promise,” he said. “But the question is whether we’re going to actually build on this impressive foundation or let it wither.” Referring to the state’s fledgling solar industry, Hanger cautioned that the lack of progress on a solar-only bill would cost the state jobs. He blamed “organized opposition” from the state’s Chamber of Business and Industry and owners of existing power plants for the most-recent failure.
But Gene Barr, a chamber official, disagrees. Barr contends there was “widespread opposition to these mandates from virtually all of the state business associations, including energy providers and consumers.” “The chamber objected to carving out a market for one group of businesses to the detriment of those in the nuclear, natural gas, coal, and other emerging-technology industries,” he said.
The coal industry, which provides 54 percent of the state’s electricity, has been under growing competitive pressure, largely because of stricter requirements from the EPA. George Ellis, president of the Pennsylvania Coal Industry, said he was “certainly pleased” the solar bill did not reach a full vote. As to whether they would try again, Mulligan said, “We’ll see how the elections go and what interest there is, whether it’s worth pursuing anything again.”
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 1,900 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, NC and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Original Reporting By Diane Mastrull from the Philadelphia Inquirer
As Reported by Reuters News Service it may be expected that the Grant in-Lieu-of the Federal Tax Credit may be extended in the lame duck session of Congress. The ability to obtain a grant expires on Dec 31, 2010. When Congress begins in January the ability to extend the Grant diminishes due to the increase in Republicans.
If the Grant expires solar developers will have to find tax equity partners for solar projects instead of just filing paperwork and receiving a cash grant within 60 days. In general, the Investment Tax Credit (ITC) has been worth more than the grant, however solar developers prefer not having to obtain a tax equity partner. Many solar developers are not sophisticated enough to obtain tax equity partners and the inclusion of a tax equity partner generally requires forward hedging to mitigate downward price risk in SREC based markets. Forward hedging and inclusion of another partner generally diminishes returns and forces installers to be more competitive. This will squeeze developers and integrators margins.
An extension of the Grant is bad news for present solar investors in states like New Jersey where increased development is trending towards an oversupply of solar in the next year. Grant expiration is the best way to throttle back new installations in the next year. This may allow the shortage of SRECs to continue thus potentially delaying a drop in SREC values. SREC values in New Jersey have been trading close to the Solar Alternative Compliance Payment (SACP) due to a shortage of solar installations compared to State requirements. If the rapid rate of installs continues, the market can become oversupplied sooner rather then later. The extension of the Grant has an increased likelihood of passing due to the fact that is will be included in legislation extending the Bush tax cuts. This will force Republicans to vote yes.
More on Flett Exchange: Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 1,500 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Although the 2010 legislative session is far from over in Pennsylvania, an attempt to increase solar energy mandates has effectively ended.
“For all practical purposes, it’s dead,” Maureen Mulligan, lobbyist for Pennsylvania’s two largest solar-advocacy groups, wrote in an e-mail this past Monday.
The latest attempt marks the third time in two years that legislative proposals to boost Pennslyvania’s solar energy mandates has failed to reach a full vote in the state’s House or Senate. This most recent attempt, which began over the summer, hoped to minimize opposition by increasing only the solar energy requirements, rather than proposing higher alternative energy standards across the board. Proponents sought a solar carve-out of 1.5 percent, a full one percent over the current mandate of 0.5 percent required by existing legislation adopted in 2004.
Neighboring states, including New Jersey and Delaware have adopted higher mandates since then, something John Hanger, Pennsylvania’s environmental secretary, noted Monday. “We can see the promise,” he said. “But the question is whether we’re going to actually build on this impressive foundation or let it wither.” Referring to the state’s fledgling solar industry, Hanger cautioned that the lack of progress on a solar-only bill would cost the state jobs. He blamed “organized opposition” from the state’s Chamber of Business and Industry and owners of existing power plants for the most-recent failure.
But Gene Barr, a chamber official, disagrees. Barr contends there was “widespread opposition to these mandates from virtually all of the state business associations, including energy providers and consumers.” “The chamber objected to carving out a market for one group of businesses to the detriment of those in the nuclear, natural gas, coal, and other emerging-technology industries,” he said.
The coal industry, which provides 54 percent of the state’s electricity, has been under growing competitive pressure, largely because of stricter requirements from the EPA. George Ellis, president of the Pennsylvania Coal Industry, said he was “certainly pleased” the solar bill did not reach a full vote. As to whether they would try again, Mulligan said, “We’ll see how the elections go and what interest there is, whether it’s worth pursuing anything again.”
Flett Exchange is a leading environmental exchange and brokerage firm. Our online trading platform brings transparency, price discovery, and liquidity to Solar Renewable Energy Certificates (SRECs). Over 1,900 active clients utilize Flett Exchange to negotiate the price, quantity, and details of SRECs in a secure and seamless online trading platform. Upon each SREC transaction Flett Exchange remits immediate payment to our sellers (it’s simple sell a SREC and get a check!) Flett Exchange operates SREC markets in NJ, PA, DE, MD, OH, CT, MA, NC and DC and supported by trained solar professionals with specialized knowledge and proven experience.
Flett Exchange brokers bilateral long-term SREC contracts between qualified counterparties. Flett Exchange buyers and sellers can secure price, quantity, and terms of SREC contracts 1-7 years in duration. Our stringent vetting process ensures that quality solar projects are presented to the market in a skillful manner. Buyers and sellers utilize Flett Exchange for long-term SREC contracts gain direct access to large pools of SRECs, while mitigating risk and locking-in profits. Please visit www.flettexchange.com to learn more about our services.
Original Reporting By Diane Mastrull from the Philadelphia Inquirer
Harrisburg, PA — On Thursday, September 16th 2010 the Pennsylvania Public Utility Commission (PUC) finalized a policy statement intended to provide the foundation from which the Commonwealth will be able to achieve its progressive solar renewable energy mandates, set forth in its Alternative Energy Portfolio Standards (AEPS). According to the press release published Thursday; the policy is designed to support solar, while minimizing cost for consumers. The commission voted 5-0 to provide the necessary long-term revenue to support both large- and small-scale solar development and to address other barriers stalling wide-scale adoption and deployment of solar renewable energy throughout the state. More than twenty different parties provided feedback on the original draft statement proposed December 10th, 2009 before yesterday’s announcement.
The Final Policy Statement:
Defines both large- and small-scale solar projects;
Recommends using competitive requests for proposals (RFPs) to establish solar renewable energy credit (SREC) values recoverable as a reasonable expense,
Standardizes contracts for the purchase of SRECs by electric distribution companies (EDCs),
Establishes a stakeholder working group of electric distribution companies, electric generation suppliers, commission staff, public advocates, solar aggregators, and other interested parties to ensure SREC contracts reflect the most recent developments in Pennsylvania law and energy policy.
Encourages education of potential SREC sellers about the opportunities to sell them to the electric utilities in support of regional development of solar resources.
The state Alternative Energy Portfolio Standards Act of 2004 (AEPS) requires EDCs and electric generation supplies to include a percentage of electricity from alternative resources, including solar, in the generation they sell to Pennsylvania customers.
The Pennsylvania PUC balances the needs of consumers and utilities to ensure safe and reliable utility service at reasonable prices. They protect the public interest, educate consumers to make independent and informed utility choices, further economic development, and foster new technologies and competitive markets in an environmentally sound manner.
*For recent news releases, audio of select Commission proceedings or more information about the PUC, visit their website at http://www.puc.state.pa.us.
It’s that time of year when many Americans are just returning from a summer vacation.
During their travels, most of those vacationers probably passed by some of the many solar projects, large and small, being installed across the country. However, they probably didn’t know that while they were on holiday, smart policies were at work speeding up deployment of solar projects. From PV farms to solar water heating systems, solar is having a record growth year and is creating stable, well-paying American jobs.
One of the main drivers of solar’s robust growth has been the Treasury Grant Program (TGP), an initiative created in the Recovery Act which provides a cash grant in lieu of the 30 percent solar investment tax credit for companies that lack access to private tax equity financing due to the poor economy. Research by Lawrence Berkeley National Laboratory found the TGP “has provided significant economic value” and more than 40 states have solar projects that were stimulated by the TGP.
Vacationers who hit the beaches of Southeast Florida were sunbathing near the DeSoto Next Generation Solar Energy Center, a 25-megawatt solar power plant that is the largest photovoltaic plant in the country. It provides clean, safe, reliable electricity to about 3,000 homes and created around 400 construction jobs. Almost 900 other solar projects nationwide have been built because of the TGP.
Tourists sending postcards from the National Cherry Festival in Michigan may have noticed a revival in America’s manufacturing sector. The Upper Midwest is one of the regions hardest hit by the recession. In Michigan, where unemployment hovers around 10 percent, the TGP has supported thousands of jobs in the manufacturing plants producing solar products. American-made solar components from these plants will be sold across the U.S. and exported around the world.
Elvis fans making the pilgrimage to Graceland may have been all shook up to see how the TGP is creating jobs for local solar installers, contractors and distributors. Memphis, Tennessee-based Unistar-Sparco was able to cut their energy costs by one-third by going solar with the help of the TGP.
While we were on vacation, the TGP was hard at work and there’s more that it can do. According to independent research, extending the TGP by two years would help the solar industry create more than 65,000 American jobs over the next five years. Many of these jobs are in the trades hardest hit by the recession, like manufacturing, construction, plumbing, and electrical contracting. The study also found the TGP would add 5,100 megawatts of clean energy, enough to power more than 1 million homes.
Unfortunately, this successful stimulus program is headed for a permanent vacation at the end of the year if Congress and the President don’t extend it.
Inaction on the TGP is bad enough, but Congress also raided $3.5 billion from another promising stimulus programs for creating clean energy jobs: the Department of Energy’s (DOE) renewable energy loan guarantee program. The Loan Guarantee Program offers a federally guaranteed loan to solar developers and manufacturers.
This troubling decision will harm our economy and our climate by taking away a potential $35 billion in financing authority for renewable energy investments.
It is imperative that this mistake be fixed.
There are currently more than 23 gigawatts of utility-scale solar power projects in the development pipeline. That’s enough to power more than 4.6 million homes and create tens of thousands of jobs. These projects, and the jobs they will create around the country, will remain in a state of uncertainty – and in some cases risk being scrapped – with the TGP and Loan Guarantee Program in limbo.
Additionally, Congress can resurrect our nation’s manufacturing sector by extending the current investment tax credit it provides to solar projects to cover solar manufacturing as well. This will help keep solar manufacturing in the U.S.
The TGP, Loan Guarantee Program and strong incentives for solar manufacturing are a critical trifecta for enabling solar to compete with heavily subsidized fossil fuels. These programs provide the specific guarantees investors look for when deciding to finance energy projects.
Like the rest of us returning to the office, Members of Congress are finishing vacations and visits back to their hometowns to return to Washington. We hope they’ll consider the many Americans who weren’t able to travel this year because of the economy or couldn’t vacation at all because they don’t have a job. We’re sure many of them would love a good job in the solar industry. But if Congress and the President don’t act quickly to extend the TGP, replenish the Loan Guarantee Program and expand solar manufacturing incentives, the U.S. solar industry may go on an extended vacation and we will lose more ground to nations like China and Germany who are pouring investment and policy support into the new cleantech economy.
Michael Flett, President and CEO, of Flett Exchange recently spoke at the “Solar Energy for New Jersey Business-Developing and Financing Your Own On-Site Solar Facility“ conference on Thursday, August 19th, 2010. The solar forum was hosted by the law firm Gibbons P.C. and CPA firm Eisner Amper LLP. More than 500 business owners, senior executives, and industry representatives attended the conference, which provided a comprehensive overview of solar development, regulatory compliance, and innovative financial structures. The clean energy economy is growing and thriving in the Garden State. New Jersey is the second most active state for solar power installations and the seventh for venture capital investments in clean energy projects. With millions of dollars available from private equity, venture capital funds, and Federal and State agencies, corporations have the incentive to enter this growing marketplace.
Some of the state’s leading authorities on solar energy discussed:
The business case for solar projects
Federal and State incentives
Choosing between rooftop, ground mount, or carport structures
Analyzing the risks, costs and benefits of solar energy projects
Project development from financing and assembling a team through design, operation, and maintenance
Keynote Speaker:
Upendra Chivukula, New Jersey State Assemblyman
Executive Panelists:
Michael Flett, President and CEO, Flett Exchange LLC
Steve Morgan, President and CEO, American Clean Energy, LLC, and past senior executive of First Energy Corporation including CEO and Chairman of Jersey Central Power & Light
Anthony DiGiacinto, Amper, Politziner & Mattia
Paula Durand, Senior Venture Officer, Clean Technology, New Jersey Economic Development Authority
Kurt Fuoti, TD bank
Ronald Reisman, Manager of Business Outreach, New Jersey Board of Public Utilities
James Rice, CEO, Nautilus Solar Energy, LLC
Govi Rao, President and Chief Executive Officer, Noveda Technologies, Inc.
Gibbons P.C. and Eisner Amper LLP look forward to identifying solar opportunities and working together with qualified corporations to enhance the evolution of the New Jersey solar marketplace.
Flett Exchange is pleased to announce the results of the Sparta Township Solar Renewable Energy Certificate (SREC) sale. 40 energy year 2010 New Jersey SRECs were sold at a clearing price of $679.00 on Flett Exchange Friday, August 13th 2010. The sale was conducted on Flett Exchange’s electronic marketplace under its Public SREC Auction and total market proceeds equaled $27,160.00 Registered buyers and the public could observe the bidding in real time by logging in to Flett Exchange. The $679.00 clearing price is 98% of the $693 Solar Alternative Compliance Payment (SACP). The SACP is the payment electric producers have to pay to the State of New Jersey if they do not produce a specified amount of electricity using solar energy or through the purchase of SRECs from facilities located in New Jersey. The auction was oversubscribed and there was strong participation by Load Serving Entities (LSE’s) trying to procure SRECs. This activity supports solar development in New Jersey and SREC revenue goes to entities that take risk in developing solar facilities.
The first Pennsylvania SRECs/Alternative Energy Credits (AECs) for the 2011 Energy Year (vintage) will be created by PJM-GATS on Friday, July 30, 2010. PA SRECs are generated on an energy year basis which runs from Jun 1 to May 31. Values for 2010 vintage SRECs differ from the values of 2011 SRECs. Valuation differentials between specific vintage SRECs are attributable to the estimated future value of compliance payments (this is currently 200% of the sum of the “market value” of solar AECs) or a lower fixed payment as described in proposed house bill 2405. SRECs are valid for RPS compliance for the year generated and the following 2 years. Some energy suppliers will be limited to the amount of vintages according to when they were required to comply. Sellers will have to check which energy year SRECs they have before they sell them on Flett Exchange. Prices for 2010 PA SRECs have softened lately due to more buyer interest in 2011 PA SRECs. The Flett Exchange trading platform allows for the simultaneous listing of multiple vintages. Our transparent and competitive trading platform ensures that our buyers and sellers achieve the market value for their SRECs at the most competitive rate in the industry. Our brokers are available to answer any questions that you have at 201-209-0234.
The first New Jersey SRECs for the 2011 Energy Year (vintage) will be created by PJM-GATS on Friday, July 30, 2010. New Jersey SRECs are generated on an energy year basis which runs from June 1 to May 31. Values for 2010 vintage SRECs differ from the values of 2011 SRECs. Valuation differentials between specific vintage SRECs are attributable to two factors: 1) the penalty or Solar Alternative Compliance Payment (SACP) decreases 3% per year. 2) SRECs are now valid for RPS compliance for the year generated and the following 2 years. 2010 SRECs are currently good for 2 years and may be good for 3 if the New Jersey Board of Public Utilities (BPU) approves it. This will most likely make newer energy years worth slightly more due to the longer “bank ability”. Sellers will have to check which energy year SRECs they have before they sell them on Flett Exchange. Prices for the next 30 to 45 days for 2010 EY SRECs will remain $30 to $50 higher than the new 2011 SRECs created. After qualified buyers have finished buying 2010 vintage SRECs and start their compliance filing which is due at the end of September, the prices for 2010 SRECs will trend closer to the 2011 vintage value. It is estimated that the EY 2011 SRECs will start trading in the $620 to $640 range. The Flett Exchange trading platform allows for the simultaneous listing of multiple SREC vintages. Our transparent and competitive trading platform ensures that our buyers and sellers achieve the market value for their SRECs at the most competitive rate in the industry. Our brokers are available to answer any questions that you have at 201-209-0234.
Flett Exchange is pleased to announce the results of the Township of Verona Solar Renewable Energy Certificate (SREC) public-auction. 79 Energy Year 2010 New Jersey SRECs were sold at a clearing price of $675.00. The sale was conducted on Flett Exchange’s online, transparent environmental exchange under its “Public-Auction SREC Market” and total market proceeds equaled $53,325.00. Qualified buyers and the public could observe the bidding in real time by logging in to Flett Exchange. The $675.00 clearing price is 97.4% of the $693 Alternative Compliance Payment (ACP). The ACP is the payment electric producers have to pay to the State of New Jersey if they do not produce a specified amount of electricity using solar energy or through the purchase of SRECs from facilities located in New Jersey. This activity supports solar development in New Jersey and SREC revenue goes to entities that take risk in developing solar facilities.
June 15, 2010, WASHINGTON DC — — U.S. Senators proposed extending the 30% federal cash grants to renewable energy developers for another two years. Passed as part of the “2009 Recovery and Reinvestment Act”, Section 1603 gives 30% cash grants in lieu of investment tax credit (ITC) to renewable energy developers. Set to expire at the end of this year, the proposal would extend the Treasury-Department-issued grants until 2012. Though other Recovery Act programs have helped provide liquidity to the renewable energy, extending these cash grants is seen as vital to ensuring new solar, wind, and geothermal projects continue being installed across the United States. Prior to the “2009 Recovery and Reinvestment Act”, a 30% tax credit was given to renewable energy developers to incentivize projects. Developers then sought tax-equity partners in order to provide initial project funding. While large Wall Street banks were able to provide tax-equity services before the financial crisis; after credit markets dried up, cash grants were needed to spur continued growth in renewables. By giving developers direct access to capital, the grants provide crucial start up funding for renewable energy projects, which can run into the millions of dollars. The proposal comes in the form of an amendment to the “tax extender” portion of a $140 billion dollar federal unemployment and tax break extension package currently being deliberated in Congress. Six democratic senators, including Dianne Feinstein of California and Maria Cantwell of Washington, introduced the legislation last Tuesday. According to Feinstein, “The clean energy sector is the next frontier in jobs creation, so we need to ensure that developers can access financing to launch wind, solar and geothermal projects and put people to work.” The current grant program is credited with helping keep U.S. wind, solar, and geothermal markets afloat after the financial crisis evaporated many sources of funding for renewable energy developers. Now, industry insiders and analysts agree that the proposed extension is crucial to avoid a possible slowdown. The senators did not specify the exact cost of the latest bipartisan proposal but said it would be minimal and will help to “jumpstart” a transition to clean energy. It’s likely that as the grant-expiration deadline nears the federal government will act swiftly on the measure to prevent renewable energy sector from suffering a slowdown. The reliable funding provided from these incentives is vital to continued expansion and adoption of renewable energy in the United States. If this measure is passed, growth in renewables should continue to accelerate and increase as well as spur job creation in this important sector. More about Flett Exchange: Flett Exchange operates a continuous, real-time trading platform where users can buy and sell solar renewable energy credits (SRECs). Flett Exchange offers long-term SREC contracts, public-auction services, power purchase agreements (PPAs), request for proposals (RFPs), voluntary REC markets, and solar consulting services for its clients. A pioneer in renewable energy markets, Flett Exchange has been publishing daily SREC settlement prices and other market data since 2007 bringing transparency, standardization, and fairness to renewable energy markets.
U.S. Environmental Protection Agency Honors N.J. Board of Public Utilities
SREC Financing Model Receives Clean Air Excellence Award in Regulatory and Policy Innovations Category
NEWARK, N.J. – The New Jersey Board of Public Utilities (NJBPU) and New Jersey’s Clean Energy ProgramTM (NJCEP) have been recognized for New Jersey’s innovative solar financing model by the U.S. Environmental Protection Agency (EPA) through the Clean Air Excellence Awards Program. Established in 2000 at the recommendation of the Clean Air Act Advisory Committee, the Clean Air Excellence Awards Program annually honors outstanding innovative efforts that advance progress in achieving cleaner air. Award-winning organizations directly or indirectly reduce pollutant emissions, demonstrate innovation, offer sustainable outcomes, and provide a model for others to follow.
Recognized in the Regulatory and Policy Innovations category, New Jersey’s solar financing model is based on the use of Solar Renewable Energy Certificates or SRECs. Representing all of the clean energy benefits of a solar energy system, SRECs can be sold or traded separately from the power, providing solar system owners a recurring source of revenue to help offset the cost of installation.
“We are honored to receive this award from the EPA,” said Lee Solomon, President, NJBPU. “New Jersey’s SREC program is the first in the nation to successfully begin the transition from up-front incentives to a market-based system for project finance. By avoiding upfront incentives, the SREC program lowers the financial impact on ratepayers while continuing to motivate solar electricity installations.”
New Jersey is one of the fastest growing solar markets in the nation and one of the largest in terms of both installations and installed capacity. As of April 2010, more than 5,800 solar energy systems totaling 157 MW of solar capacity have been installed across the state. In addition to the use of SRECs, NJBPU’s integrated approach to solar development includes a strong Renewable Portfolio Standard with a solar set-aside that has helped to create sustainable demand and investor confidence. Interconnection and net metering standards have also made it easier for systems to connect to the distribution system.
“Innovation and commitment are the keys to environmental progress, and our Clean Air Excellence Award winners are tremendous examples,” said Gina McCarthy, EPA Assistant Administrator for Air and Radiation. “As we look to the future, these winners will help lead the way toward cleaner air and a healthier environment.”
For more information about the NJBPU or New Jersey’s Clean Energy Program visit NJCleanEnergy.com or call 866-NJSMART.
About the New Jersey Board of Public Utilities (NJBPU) The NJBPU is a state agency and regulatory authority mandated to ensure safe, adequate and proper utility services at reasonable rates for New Jersey customers. Critical services regulated by the NJBPU include natural gas, electricity, water, wastewater, telecommunications and cable television. The Board has general oversight responsibility for monitoring utility service, responding to consumer complaints, and investigating utility accidents. To find out more about the NJBPU, visit our web site at www.nj.gov/bpu.
About the New Jersey Clean Energy Program (NJCEP)
NJCEP, established on January 22, 2003, in accordance with the Electric Discount and Energy Competition Act (EDECA), provides financial and other incentives to the State’s residential customers, businesses and schools that install high-efficiency or renewable energy technologies, thereby reducing energy usage, lowering customers’ energy bills and reducing environmental impacts. The program is authorized and overseen by the New Jersey Board of Public Utilities (NJBPU), and its website is www.njcleanenergy.com.
Governor Chris Christie spoke on April 21, 2010 at the State Theater in New Brunswick New Jersey. He preceded a panel discussion led by the newly appointed Board of Public Utilities BPU President Lee Solomon. The panel was made up of energy experts in New Jersey.
The Governor’s speech was not surprisingly focused on the budget crisis in the Garden State. His approach Statewide is to cut funding to all facets of government and the Office of Clean Energy will not escape the knife. At the same time, his commitment to making New Jersey a good place to bring up families and keep it economically strong is aligned strongly with renewable energy. He recognizes the benefits of renewable energy in New Jersey, especially the economic growth it has produced. We can expect Governor Christie to take a common sense review of the Energy Master Plan in New Jersey during the next 90 days and after that time there will most likely be an increased focus in the following areas according to his speech:
1. Solar farms built on old landfills. 2. Solar farms sensibly cited on preserved farmland for which “the public has been paying for.” 3. Offshore wind (much was stressed on NJ as a resource for producing energy). 4. Manufacturing of renewable energy components in our industrial centers (this will be done through the EDA). 5. Energy efficiency.
Lee Solomon led the discussion with the following panelists: Bob Martin, Commissioner Department of Environmental Protection, Stefanie A. Brand, Director Department of Public Advocate Division of Rate Council, Caren S. Franzini, CEO Economic Development Authority, Murray Bevan, Bevan, Mosca, Giuditta & Zarillo New Jersey Council, Retail Energy Supply Association (RESA), Dennis Canavan, Senior Director of Global Energy, Johnson & Johnson, Greg Coleman, VP TRC Solutions, Ed Graham, President and CEO South Jersey Gas, Ralph LaRossa, President and COO PSE&G, Drew Murphy, President NE Regional Operations, NRG Energy, Dave Pringle, Campaign Director NJ Environmental Federation, James Torpey Director Market Development SunPower Corporation.
The overwhelming outcome was ENERGY EFFICIENCY (EE).All panelists agreed that the most cost effective and timely way for NJ to achieve its environmental and economic goals is through energy efficiency. The overwhelming barrier to implementing energy efficiency is education. Panelists, who have had decades of experience in EE, agreed that it takes time for the decision makers in a business to “get it”.
We can expect some changes in the solar front, some of which have already started. The BPU has up until this point “democratized” solar through rebates to residential and small business. This has resulted in a healthy mix of solar across the State instead of large utility owned solar farms which is the norm when utility companies have their way at the planning stages. Recent cuts by Christie resulted in a 20% cut in small business and 23% for residential. We can only hope that the new BPU leadership will understand the benefits that small business and residential investors in solar have experienced and not just look at the rebates themselves.
This presentation and panel discussion give us a feel for where the Christie Administration will lead NJ on energy. New Jersey has become a leader in the US on its renewables and it will need to show consistency in times like this where the outgoing Governor was a Democrat and the New Governor is a Republican. Coupling this with the budget crisis poses even more of a challenge. For NJ to achieve its goals it needs private investment. On the solar side alone close to $20 billion in private investment will be needed to achieve current RPS goals. Inconsistency on the part of the new BPU and Governor will jeopardize all of this. Overall, so far it appears that the system will be tweaked but the legislative support will remain to achieve these goals.
olar energy is attracting investment dollars. Competitive returns, lower barriers of entry, state and federal incentives, SREC revenue streams, and progressive Renewable Energy Portfolio Standards (RPS) are advancing solar to the forefront of renewable energy world. As the solar market evolves, so are the financial structures that are assisting investors in financing and completing projects. This article will examine various financing strategies, the risks and rewards associated with them, and the incentives involved with solar investing.
Self Financed (Most Risk/Most Reward)– Self financed solar facilities are for residents and entities who want control of their solar destiny. These parties absorb the upfront costs for developing solar and the challenges of operating and maintaining their solar facility. This is the most capital intensive structure and poses the most risk and reward. The risk lies in the development of the project, the failure in properly monitoring and maintaining the facility, and the price associated with the Solar Renewable Energy Certificates (SRECs). The rewards are a reduced rate of electricity for as long as the facility can generate solar energy, declining installation costs, and a revenue stream generated by SREC monetization. Self-financiers take the risk of developing solar because there is the potential for them to payoff the facility in a shortened period of time and realize increased upside profit potential.
Solar Lease Financing (Moderate Risk/Moderate Reward)– Solar lease financing structures are being executed in both the residential and commercial markets. The concept is simple, straightforward, and similar to an equipment or automobile lease. Instead of self financing your solar facility, parties can enter into a leasing contract and agree to make monthly lease payments on their solar installation. Similar to a PPA contract the client does not incur the expensive upfront installation costs or the responsibility of operating and maintaining the solar facility. In a best case scenario the lessee can take advantage of higher SREC values and an option to buy out the system in six years, while the lessor obtains the ITC and accelerated depreciation of the system. A solar lease structure is also an alternative to a PPA contract for non-profit organizations who want to take on SREC risk for potential reward, while the lessor passes on the ITC and accelerated depreciation indirectly through a lower lease payment. Solar leasing firms have a set of criteria that clients need to meet in order to participate in their solar leasing program: commercial clients may need to submit audited financial statements and residents may need to have a FICO score of 700 or greater to be considered. However there are also risks associated with solar leases. One risk is that a lessee could go upside down on their contract. This happens when the solar lease is more expensive than the SRECs being monetized. Another risk is the future price of electricity. Lessees could potentially pay more for solar electricity than basic generated electricity if demand diminishes. The financial crisis of 2008-2009 was a reminder that electricity prices do not always go up and that electricity demand could decline during lean economic times. Solar lease financing is becoming more popular because it is affordable, convenient, environmentally responsible, and lowers your electricity bills. However, interested parties should weigh the risks and rewards associated with solar leases and learn more about the leasing company before signing an extended contract.
PPA Financed (Less Risk/Less Reward)– A Power Purchase Agreement (PPA) is a contract between a solar electricity generator and a client seeking solar energy. This financial structure is designed to provide the client with a reduced rate of electricity for an extended period of time (10-20 years), no upfront installation cost, and the option to purchase the solar facility at the end of the contract. The PPA Provider designs, develops, operates, maintains, and owns the solar facility located on the client’s property. In turn the client pays the PPA Provider for the electricity generated from the solar facility. PPA Providers enter into these agreements because there is a profitable margin between where solar can be developed and what electricity can be sold for. The PPA Provider can also take advantage of the Investment Tax Credit (ITC) and accelerated depreciation. PPA Providers gain ownership of the SRECs which are generated from the solar facility and can monetize them on the Flett Exchange live markets. This solar structure is popular with non-profit organizations that cannot take advantage of the ITC and realize the accelerated depreciation of their solar facility.
Many solar projects are contingent on tax benefits, rebates, and long-term SREC contracts. Without these incentives and risk mitigation strategies solar projects can be difficult to finance and pose significant risk to investors. Let’s examine some of the incentives and strategies that are allowing the solar market to flourish.
Tax Benefits- At this juncture, tax incentives are an integral part of solar financing. The Investment Tax Credit (ITC) returns over 30% of a solar project’s capital cost to investors in the form of a tax credit. Sophisticated investors are utilizing solar as a tax-equity investment vehicle because tax credits can offset tax liability. Section 1603 of The American Recovery and Reinvestment Act of 2009 (Stimulus Bill) also allows investors to receive a grant in lieu of tax credit when the “specified energy property” is submitted to the “grant program.” This program runs out at the end of 2010, and the SEIA www.seia.org is lobbying to have it extended. Both the credit and grant programs promote renewable energy on the institutional level and help incentivize solar development.
Accelerated Depreciation- Developers of commercial projects can realize additional tax benefits from the depreciating cost of their solar facility. An entity “can depreciate the installed cost of the system minus 50% of the business Investment Tax Credit (ITC) over the first five years of ownership (SEIA 2008) using the modified accelerated cost recovery system (MACRS) (DSIRE 2008). According to a report by Lawrence Berkley National Laboratory, the tax benefit of this depreciation is equivalent to 26% of the installed cost of the system, 12% of which comes from the ability to accelerate it over a five year period (Bolinger 2009).” –National Renewable Energy Laboratory, “Solar Leasing for Residential Photovoltaic Systems.”
Long-Term SREC Contracts- are helpful in financing proposed solar projects. Flett Exchange brokers long-term SREC contracts between qualified institutional counterparties. Our ability to facilitate and streamline long-term SREC contracts is value-added to both buyers and sellers. Buyers gain direct access to large pools of SRECs at a discounted price to satisfy their RPS, while sellers have the ability to mitigate risk and lock-in profits. Counterparty credit risk is paramount in this market. Buyers and sellers enter into bilateral contracts to secure price, quantity, and term of the SREC contract. Counterparties agree to pay or delivery SRECs at a specified future date. Flett Exchange augments this process by employing a stringent vetting process and presenting quality and creditworthy solar projects to the market. Flett Exchange is currently brokering 1-7 year SREC contracts in the open market and growing our ability to facilitate longer term deals for eligible commercial entities.
As the solar markets continue to evolve new and innovative thinking will be the most prized commodity. The emergence of banks, lenders, financial institutions, and new financial structures will be welcomed and as solar makes the transition form a subsidized market to a self-sustaining market.
Solar energy is gaining momentum in the renewable energy world. It is being heralded as a smart investment due to growth prospects, favorable market conditions, federal and state incentives, and more stringent Renewable Portfolio Standards (RPS). Individual and institutional investors are committing capital and taking risk because of potential profits and tax benefits that are associated with developing solar. Existing and newfound factors are driving solar energy to become a more mainstream investment. This article will examine these factors and demonstrate how they are contributing to solar energy’s success.
Growth- Over the past decade, technological advancements have made solar energy more affordable, more reliable and less obtrusive. Lower barriers of entry have allowed solar installers, integrators, and developers to offer competitive pricing on residential and commercial facilities and reduce their installed cost per watt.
Value- Solar energy is a potential hedge against higher electricity prices. It is estimated that electricity prices could conservatively increase by 3.0% a year. Solar energy is a wise alternative to higher electricity bills and can provide clean, green, and cheaper power. Self-Financing, Solar Lease Financing, and Power Purchase Agreement (PPA) Financing are all financial structures that can accomplish reduced electricity costs.
Tradable SREC Markets- Solar Renewable Energy Certificates (SRECs) are environmental attributes that can be transacted and monetized. SRECs are the driving financial component that makes solar economically feasible. SRECs are generated from the production of solar energy and can be monetized on Flett Exchange’s live SREC markets. SRECs are market based. Unlike feed-in tariffs SRECs pass savings on to ratepayers over time, if overdevelopment occurs or if solar becomes less expensive.
State Mandated Markets- SREC markets are state mandated. State governments are establishing stringent Renewable Portfolio Standards (RPS) and increasing their solar carve-outs. Electric suppliers need to procure SRECs to meet their RPS. If electric suppliers cannot procure enough SRECs in the open marketplace to satisfy their RPS they are subject to a Solar Alternative Compliance Payment (SACP) which is a penalty payment and can be considerably higher then the spot SREC market.
Tax Benefits- Many solar projects are candidates for federal tax incentives and state rebates. The Investment Tax Credit (ITC) returns over 30% of a solar project’s capital cost to investors in the form of a tax credit. Section 1603 of The American Recovery and Reinvestment Act of 2009 (Stimulus Bill) also allows investors to receive a grant in lieu of tax credit when the “specified energy property” is submitted to the “grant program.” State rebates may also be available for residential and commercial solar installations. Rebate programs can differ from state to state and exist on a sliding scale depending on the size of the proposed solar facility.
Escalating Fossil Fuel Demand- Global demand for fossil fuels is increasing while supplies are diminishing. Developed and emerging nations are competing for fossil fuels and all petroleum products come with political and environmental risk. Solar energy, on the other hand, is limitless, does not emit harmful emissions, and can be achieved without any political risks. Also if the US Dollar continues to depreciate the price of foreign fuel could continue to rise.
Climate Change- Private and public corporations, organizations, agencies, and municipalities are implementing clean energy programs. Climate change is a growing social and political issue, both domestically and internationally. Insightful entities understand the benefits of renewable energy and the risks associated with not staying ahead of the climate curve. These players are implementing clean energy programs and are well positioned if climate legislation gets passed. The recent US healthcare decision demonstrates that political winds can shift momentarily and legislation can be passed swiftly. Renewable energy strategies and sustainability teams are becoming more conventional, as private and public entities recognize their social responsibilities to the environment and potential legislative risk.
Solar energy is a favored renewable energy source. Solar is easy to install, is a hedge against higher electricity prices, generates a SREC revenue stream, and is beneficial to the environment. So far advantageous market conditions have attracted investors to solar.
However the future of the solar market also comes with challenges and risks. Increased competition could create an overpopulated market. Inexperienced players who are attracted by favorable market conditions could sacrifice engineering and construction quality for short term monetary gains. The reduction of federal and state incentives could make solar less appealing. As the solar market evolves it will be interesting to see if it could sustain itself and emerge as an established renewable energy source.
Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia SREC generators can register their solar systems in the District of Columbia. This provides the following SREC sellers the potential to sell their SRECs into the District of Columbia solar market.
However if too many solar generators register to sell their SRECs in a particular state or region an oversupply scenario could occur. Market saturation could diminish SREC demand and depress prices. It is also important to note, that a solar facility generating SRECs outside of Washington, DC and also registered within Washington, DC might not receive the same price of a purely sited Washington, DC SREC.
Under the direction of the Commonwealth Financing Authority (CFA), the Alternative and Clean Energy Program supplies loans and grants used for the development of clean energy projects in Pennsylvania. The program is administered by the Pennsylvania Department of Community and Economic Development in conjunction with the Department of Environmental Protection.
Highlights of the program are:
Eligible Applicants
• A corporation, partnership, sole proprietorship, limited liability Company, non-profit, or other commercial entity approved by the commonwealth financing authority. • A non-profit corporation or association whose purpose is the enhancement of economic conditions in their community. • A municipality, county, or school district.
Eligible Projects
• Solar projects, including facilities to generate, distribute, or store solar energy, as well as manufacturing or assembly facilities for solar panels or other equipment. Solar photovoltaic and solar thermal technologies are eligible. • The development or construction of facilities used for the research and development of technologies related to solar energy.
Matching Funds Requirement
• Eligible applicants must provide evidence of commitment of matching funds on the project. The amount of the matching investment must be at least $1 for $1 of program funds awarded by the CFA.
Funds are distributed in three ways (loans, grants, or guarantees) .
Grant (Matching Funds To Help Facilitate Project)
• The maximum grant amount for a solar energy project shall not exceed one million dollars or $2.25 per watt, whichever is less. The CFA will consider projects over one million dollars if the project significantly impacts their goal to increase solar energy generation in Pennsylvania. • The maximum grant for a solar research and development facility or a solar thermal project shall not exceed one million dollars.
Loan (Borrow Money to be Paid Back at Agreed Interest Rate)
• The maximum loan amount for a solar energy generation or distribution project shall not exceed $5 million or $2.25 per watt, whichever is less. In calculating the $2.25 per watt cost, CFA will not include the cost of any energy storage equipment. The CFA will consider loan requests over $5 million for projects that will significantly impact the Authority’s goal to increase the amount of solar energy generated in the Commonwealth.
• Loans will be repaid over a period not to exceed 10 years for equipment and 15 years for real estate.
• The interest rate for the loan will be fixed at the time of approval of the loan. The current interest rates are posted on www.newpa.com
Guarantee (Acts as a Loan Guarantee to Obtain Financing)
• The guarantee will be in the form of a letter of credit.
• Projects applying for the guarantee must invest a minimum of 10% in equity as part of the project financing.
• The term of the guarantee will not be more than 5 years.
• The amount of the guarantee will not exceed $30 million.
Flett Exchange launched the New Jersey Class 1 REC market on its Internet Trading Platform. The market enables generators of Class 1 RECs to sell directly to electric generators who need to buy for their RPS. Sellers transfer the RECs on the PJM GATS platform and receive payment immediately via wire transfer or check.
Flett Exchange operates a Micro Exchange for the spot buying and selling of precious metals and renewable energy certificates such as New Jersey Class 1 REC and New Jersey solar renewable energy certificats SREC. Flett Exchange also publishes daily settlement prices for its markets on its website. Customers can either execute on the Flett Exchange trading platform or speak to one of its brokers. www.flettexchange.com 201 209 0234 15 Exchange Place, suite 710 Jersey City, NJ 07302
New Jersey Solar Renewable Energy Certificates (SRECs) Trade $671.00 on Flett Exchange. SRECs traded at an all time high of $671 on January 21, 2009 on the Flett Exchange trading platform. An expected shortage of SRECs for the 2009 energy year has LSE’s racing to buy SRECs below the $711 compliance payment.
Solar producers who would like to sell their SRECs can sign up for an account at www.flettexchange.com . Over 425 individuals and corporations who have solar panels in New Jersey conveniently sell their SRECs on Flett Exchange. Our Micro Exchange is based on absolute transparency. We assist and educate our customers in how to convert their SRECs to cash. All Flett Exchange account holders can view all bids, offers and past sales along with placing buy or sell orders. Users have direct access to our internet-based markets 24 hours/7 days/365 days a year. This flexibility allows users to participate in our SREC market at their leisure. Sellers’ checks are mailed out on the same day as the sale of the SRECs.
Flett Exchange SREC brokers are available at (201) 209-0234 weekdays to assist clients.
NJ SRECs traded at $600 today on Flett Exchange. This is the highest recorded price to this date for SRECs in New Jersey. The current market is $560 bid, $625 offer.
The cap for the SRECs for the 2009 energy year is $711.
Buyers and sellers of New Jersey SRECs can access the Flett Exchange market via the internet 24x7x365. There are over 400 registered users who have bought or sold SRECs on Flett Exchange with over 50 new customers registering every month. The Flett Exchange SREC market has had a continuous market for SRECs for the past year and a half. Sellers can observe where others are selling SRECs, place and move their order at will. If you sell your SRECs the check is sent out the same day as the seller transfers the SRECs into escrow on the NJCEP website.
Sellers can also use our brokers Monday through Friday 7am to 5pm or email their order at any other time. (201) 209-0234 or email srec@flettexchange.com
The trading statistics for NJ SRECs reported by the New Jersey Office of Clean Energy are misleading. They reported that the cumulative weighted average trading price ($/MWh) for SRECs in Energy Year 2009 is $331.62 for transactions to the end of September. Prices on the Flett Exchange, which represents a competitive and transparent marketplace, during the same period averaged $513.09. Flett Exchange cumulative weighted FY2009 SREC prices are $181.47 which is 64% higher.
This difference in price is because the New Jersey Office of Clean Energy uses the prices attached to every transfer going through its tracking system run by Clean Power Markets. Flett Exchange only uses the prices and quantities established by its transparent marketplace. The Flett Exchange is used by over 400 solar owners and more than 5 of the LSEs and a number of other buyers. Flett Exchange is policed by its customers along with staff who determines if trades are done in a competitive manner. If a trade is done in error off of the market Flett Exchange will break the trade and not allow the data to go in. If participants bid too high or offer too low the buyers and sellers quickly correct and bring the market back to equilibrium. We do only spot transactions, not long term contracts.
Flett Exchange prices reflect the true value of NJ SRECs on the spot market. Prices reported by the New Jersey Office of Clean Energy reflect a large number of long term contracts. The prices of these long term contracts further distort the price due to double counting. This double counting is attributed to aggregators taking delivery of NJ SRECs and reselling at the same low long term contract prices. This dilutes the lesser quantity that are transacted at current spot prices.
Entities looking to install solar in New Jersey should not rely on the New Jersey Office of Clean Energy data because it does not represent the current market conditions. At this point the prices are skewed to the downside.
The State of New Jersey is doing its best to get investment into renewable energy. Investment is only possible if there is an accurate reporting of prices of SRECs since these are the instruments used to pay back loans backing the renewable energy projects.
Most of the turmoil on Wall Street can be directly linked to lack of transparency. This lack has been to the detriment of investors. The State of New Jersey can say it is green and build a green future but it will not last if the underlying prices of its SRECs are mispriced. An SREC program built on the laws of supply and demand should have its published prices reflect just that.
Srectrade.com, which offers a monthly auction for New Jersey SRECs (Solar Renewable Energy Certificates), conducted an auction on October 10. The clearing price was $526.23. Buyers pay a commission of 3% which puts the buyers cost at $542.02. The volume auctioned off was not advertised on the site.
The market for SRECs on Flett Exchange was $542 bid, at $575 with trades on the auction day conducted at $542.50. Flett Exchange charges buyers and sellers a flat rate of $2.50 per SREC which translates to less than 1/2 of 1% per side.
63. The Multi-family/Affordable Housing segment will target existing multi-family, new
construction and single family homes.
64. PSE&G will originate loans for the Multi-Family/Affordable Housing segment based on
income guidelines established in the NJHMFA funding programs for multi-family
affordable housing projects. NJHMFA’s multi-family affordable housing income limits
13 BPU Docket No. EO07040278
vary based on household size and housing type. The most recent data available from
the NJHMFA is presented in a chart set forth in the attached Settlement.
65. The interest rate for loans in the Multi-family/Affordable Housing segment will be 11.11%.
66. The repayment term will be 15 years.
67. If the loan is paid off early, PSE&G (or its subsidiary) will retain the call option through the
end of the 15thyear.
Municipal Segment/Not-for-Profit Segment (30%) – 9MW
68. This segment is similar to the C&I segment.
69. PSE&G will provide financing to the project owner, which would likely be an equity partner.
70. The participating municipal entity would benefit from receiving solar electricity that the PV
system generates under an agreement with the project owner.
71. The interest rate for loans in the Municipal/Not-for-Profit segment will be 11.11%.
72. The repayment term will be 15 years.
73. If the loan is paid off early, PSE&G (or its subsidiary) will retain the call option through the
end of the 15thyear.
74. Credit Criteria to be used for all segments other than residential single family:
i. Applicant must submit to a credit check.
ii. Commercial/industrial customers must have an Experian
Commercial Intelliscore or an Experian Small Business Intelliscore
of 70 or higher. Minimum credit score must be maintained
between approval and loan closing.
iii. Customer must be in good standing with respect to payment of
energy bills (PSE&G bill payment credit assessment code of 1 or
2)
•Score of 1 means pays promptly, no delinquency.
•Score of 2 means fewer than 6 delinquencies in past 12
months or delinquent less than ½ of months a customer
and no notice.
iv. There must be no liens on the property where the solar equipment
will be installed that will interfere with PSE&G’s ability to obtain a
first lien on the solar equipment.
v. Customer will be asked to disclose the existence of any liens in the
application process.
vi. A search for liens will be conducted immediately prior to closing.
viii. No bankruptcy filing within the last three years.
14 BPU Docket No. EO07040278
Cost Recovery and Related Issues
75. The parties agree that PSE&G will recover the net monthly revenue requirements
associated with this Program through a new charge of the Company’s electric tariff
called the SPRC. The SPRC will be a new charge in the Company’s electric tariff,
applicable to all electric Rate Schedules on an equal cents per kilowatthour. The SPRC
rates will not be implemented at this time. PSE&G will defer costs and net monthly
revenue requirements it incurs for the Program to the SPRC for future recovery,
consistent with the terms of the Settlement Agreement. Interest on the deferred SPRC
balance (both on under- and over-recovered balances) will be calculated at the same
rate and methodology as PSE&G currently uses for the electric Societal Benefits
Charge. PSE&G will implement the SPRC rates through a future filing it will make with
the Board. The Parties agree that the SPRC filings shall be filed annually by PSE&G.
Each future SPRC filing will include estimated costs to be incurred under the Program in
the upcoming period, along with the amortization of any prior period over or under
recovery, with the resulting SPRC rate being either positive (a charge to customers),
negative (a credit to customers) or zero. Attachment C to the Settlement provides a
proposed SPRC tariff sheet showing the SPRC structure with the initial value of the new
component set at zero, as well as additional tariff language that will be added to each
electric Rate Schedule.
The net monthly revenue requirements would be calculated and deferred as follows:
Net Monthly Revenue Requirements = (Cost of Capital * Net Plant) + Amortization +
recoverable Administrative Costs – net proceeds from the sale of SRECs – cash
payments received in lieu of SRECs.
The amortization of each loan shall occur when an SREC or a cash payment is received
by the Company from the borrower, after deducting accrued interest expense. Any loan
amortization accumulated in a month will be booked as Amortization expense to the
SPRC. If an SREC is received, the SPRC will be credited when the SREC is sold. If a
cash payment is received, the SPRC will be credited in the month that the cash payment
is received.
76. The parties agree that the Cost of Capital for this Program is 11.11%, including a return
on Common Equity of 9.75%, which is the most recent Return On Equity established by
the Board for PSE&G electric in Docket No, ER02050303, and including income tax
effects. The resulting monthly Cost of Capital used for calculating the Net Monthly
Revenue Requirements is 0.92583%. Net Plant equals the original loan amounts booked
less the accumulated amortization through the SPRC. The Amortization is equal to the
sum of the amortizations of all of the outstanding loans for each month until the total
amount is recovered (Net Plant equals zero). Any cash payments received by PSE&G
from the Project Owner for early termination of a contract will be credited against the Net
Plant for the specific project. The Company agrees that it will not seek collection of make
whole payments (lost revenue) resulting from Phase I of the Solar Program through the
SPRC.
77. PSE&G agrees that it shall recover 50% of the administrative costs of the Solar Program
through the SPRC, based on the annual grand total amounts set forth in Attachment D to
the Settlement. Administrative costs are defined as reasonable and incremental costs
incurred by the Company to implement the Program. The maximum administrative cost
recovery through the SPRC in any year is $1.0 million.
15 BPU Docket No. EO07040278
78. Because of the changes in the interest rate for residential loans and other changes
agreed to in the Settlement, the total amount of PSE&G’s loans under this phase of the
Program will be approximately $105 million.
79. The Parties agree that the cost recovery mechanism as set forth in the Settlement
Agreement is reasonable. The Parties also agree that PSE&G, as a public utility, will be
engaging in and administering the Program as a regulated service. The Parties further
agree that the Program is a pilot program that is separate and apart from the renewable
energy programs administered by the Office of Clean Energy for budgetary and cost
recovery purposes. Each Party agrees that it shall not seek to modify the cost recovery
methodology for Phase I of the PSE&G Solar Program for any reason.
Other Issues
80. PSE&G will use its best efforts to develop a solar energy program that provides sufficient
incentives and subsidies to low-income, single-family homeowners so that they can
benefit from participation. The Company will work with Rate Counsel, BPU Staff, private
nonprofit organizations such as New Jersey Shares, and others to develop this Program,
and present it to the Parties and the Board within one year after Board approval of this
Solar Energy Program.
81. The Parties agree that the Settlement is being entered into exclusively for the purpose of
resolving the issues in this matter.
82. The Parties agree that this Settlement was negotiated and agreed to in its entirety with
each section being mutually dependent on approval of all other sections. Therefore, if
the Board modifies any of the terms of the Settlement, each Party is given the option,
before implementation of any different terms in this case, to accept the change or to
resume the proceeding as if no agreement had been reached. If these proceedings are
resumed, each Party is given the right to return to the position it was in before the
Settlement was executed.
83. The Parties agree that the Settlement has been made exclusively for the purpose of this
proceeding and that the Settlement, in total or by specific item, is in no way binding upon
them in any other proceeding, except to enforce the terms of the Settlement.
84. Nothing in the Settlement of this Program is intended in any way to bind any
determination made by the DOBI.
85. PSE&G will fully comply with all requirements and determinations of the DOBI.
COMMENTS OF OTHER PARTIES
On March 21, 2008, JCP&L filed a letter with the Board stating that JCP&L would not be signing
the Settlement and takes no position in support of or opposition to the Settlement. Similar
letters were filed by RECO and RESA on March 27, 2008.
16 BPU Docket No. EO07040278
By letter dated March 24, 2008, NJLEUC submitted comments indicating that it would not sign
the Settlement and would not formally support or oppose it. Noting that the parties’ settlement
efforts had improved upon the solar pilot program originally proposed by PSE&G, which
NJLEUC states it would have actively opposed, NJLEUC enumerates the improvements as
including: administrative costs to be passed onto ratepayers are capped at a specific dollar
amount per year; a reduced return on common equity; a separate mechanism, the SPRC, rather
than the SBC, to recoup program costs not otherwise recovered through the SREC auction or
other loan payments; ratepayers receive direct monetary benefits from SREC auction proceeds;
elimination of “make whole” payments; and clearly labeling the program as a one-time, pilot
effort without binding effect. NJLEUC indicates that in light of these improvements, it does not
affirmatively oppose the proposed Settlement.
While not affirmatively opposing the proposed Settlement, NJLEUC raises five primary concerns
about the proposed Settlement, which it states cause it to not affirmatively support it. NJLEUC
takes the position that: 1) the cost of capital (11.11%) and return on equity (9.75%) remain too
high for what it refers to as a risk free investment; 2) the allocation of the costs among ratepayer
classes on a per-kWh basis is unfair to high load factor customers like its members; 3)
interclass subsidies are created due to the 6.5% interest rate for consumer program loans made
to residential ratepayers as opposed to the 11.11% interest rate for commercial, industrial, nonprofit,
and government participants; 4) the proposed Settlement has language which could be
construed as an effort to place the pilot program outside the reach of the Board’s recently
adopted 2% cap on ratepayer subsidies to solar initiatives and the Board should make the
proposed Settlement subject to the outcome in the Board’s ongoing separate consideration
regarding implementation of the cap; and 5) the Board should not view the proposed Settlement
in isolation, but in the broader context of the State’s evolving energy policies as a whole.
Specifically, NJLEUC argues that the return on equity provided for the pilot program remains too
generous. NJLEUC states that the settling parties selected the 9.75% settlement figure
because it “is the most recent Return on Equity established by the Board for PSE&G electric in
Docket No. ER02050303.”4NJLEUC asserts that in a rate case, PSE&G receives nothing more
than the opportunity to recover its cost of service; PSE&G assumes the risk of doing business
and the rate case return on equity reflects the assumption of that risk. NJLEUC contends that
conversely, in the proposed pilot program, PSE&G is generally guaranteed to recover its entire
program investment making the investment risk free. NJLEUC requests that the program’s
return on common equity be reduced to eliminate the risk-related portion of the 9.75% return on
equity approved in the last PSE&G electric base rate case. Alternatively, NJLEUC states that if
the Board were to eliminate any recovery through the SPRC, then including the risk component
in PSE&G’s Settlement return on equity would be appropriate.
Additionally, NJLEUC states that it remains concerned with the allocation of the costs among
ratepayer classes that underlies the SPRC. As spelled out in the Settlement, the SPRC would
spread pilot program costs among ratepayers on a per kWh basis. NJLEUC argues that the
program is intended to foster capacity investment and opposes the allocation of capacity related
costs on a per kWh basis because it asserts that it is systematically unfair to high load factor
customers like its members. NJLEUC maintains that any program costs recovered via the
4Final Order, In the Matter of the Petition of Public Service Electric and Gas Company for Approval of
Changes in Electric Rates, for Changes in the Tariff for Electric Service, B.P.U.N.J. No. 14, Electric,
Pursuant to N.J.S.A. 48:2-21 & 48:2-21.1; for Changes in its Electric Depreciation Rates Pursuant to
N.J.S.A. 48:2-18; and for Other Relief, Docket No. ER02050303 (April 22, 2004).
17 BPU Docket No. EO07040278
SPRC should be allocated among rate classes on a coincident peak demand basis, rather than
a per kWh basis.
According to NJLEUC, the Settlement as proposed would create a new interclass subsidy to be
paid by non-residential ratepayers based on the disparate treatment afforded those who apply
for pilot program loans from PSE&G. As proposed, the pilot program would lend to participants
from commercial, industrial, non-profit, and governmental sectors at an 11.11% interest rate.
For residential participants, PSE&G would charge a 6.5% interest rate. NJLEUC argues that to
alleviate this concern, the Board could raise the interest rate for residential participants to
11.11%, lower the interest rate for all program loans to 6.5%, or direct that only residential
ratepayers subsidize PSE&G’s reduced-rate loans to residential pilot participants.
NJLEUC further argues that language in paragraph 79 that the “pilot program is separate and
apart from the renewable energy programs administered by the Office of Clean Energy for
budgetary and cost recovery purposes” could be construed as an effort to have the pilot
program be outside the reach of the Board’s recently adopted 2% cap on ratepayers’ subsidies
to solar power initiatives. NJLEUC requests that the Board make the proposed Settlement
subject to the outcome in the Board’s ongoing separate consideration of how to best implement
the 2% cap.5
NJLEUC also urges the Board to not view the proposed Settlement in isolation, but rather in the
broader context of the State’s evolving energy policies as a whole. NJLEUC notes that since
the filing of the pilot program much has transpired that should be considered in any assessment
of the proposed Settlement. NJLEUC believes the wiser course of action would be to hold in
abeyance any final action on the proposed Settlement pending greater clarity with respect to
other aspects of the State’s energy policy debate.
DISCUSSION AND FINDINGS
The Board has carefully reviewed the record in this matter, including the Petition, comments
from the public hearings, the Settlement, and the comments submitted by NJLEUC and
submissions by the other non-signatories. As discussed below, the Board finds that the
Settlement represents a fair and reasonable resolution of this matter and is in the public interest.
In reaching its determination herein, the Board notes that during the pendency of this matter, L.
2007, c. 340 was enacted into law on January 13, 2008. The statute contains provisions
relevant to the Regional Greenhouse Gas Initiative, or RGGI, which is a cooperativeeffort bystates to reducecarbon dioxide emissions from power plants in a 10-state region that includes
all of New England, New York, Delaware, Maryland, and New Jersey. The statute authorizes
the auction or other sale of greenhouse gas emissions allowances; establishes a “Global
Warming Solutions Fund” to receive the revenues from the sale of allowances and such other
moneys as may be appropriated by the Legislature and designates uses for those revenues;
directs the Board to adopt a greenhouse gas emissions portfolio standard or other regulatory
mechanism to mitigate leakage; and authorizes participation by the Department of
Environmental Protection Commissioner and Board President, or their designees, in
agreements or arrangements with representatives of other states. In enacting the statute, the
Legislature declared that energy efficiency (EE) and conservation measures and increased use
of renewable energy (RE) resources must be essential elements of the State’s energy future
and that greater reliance on EE, conservation, and RE resources will provide significant benefits
5See n.2 regarding the cap referenced by NJLEUC.
18 BPU Docket No. EO07040278
to New Jersey citizens. L. 2007, c. 340, §1; N.J.S.A. 26:2C-45. The Legislature further found
that public utility involvement and competition in the RE, conservation and EE industries are
essential to maximize efficiencies and the use of RE and the provisions of the statute should be
implemented to further competition. Ibid. To that end, the statute provides that an electric or
gas public utility may invest in class I RE resources or offer class I RE programs on a regulated
basis in accordance with the statute; provides similar authorization with regard to EE and
conservation programs; and authorizes program cost recovery as determined by the Board. L.
2007, c. 340, §13(a); N.J.S.A. 48:3-98.1(a). Ratemaking treatment may “include placing
appropriate technology and program cost investments in the respective utility’s rate base, or
recovering the utility’s technology and program costs through another ratemaking methodology
approved by the board, including, but not limited to, the societal benefits charge.” L. 2007 c.
340, §13(b); N.J.S.A. 48:3-98.1(b).
Turning to the proposed Settlement, the BoardFINDSthat the proposed pilot program, by which
PSE&G will offer a class I renewable energy program in its service territory on a regulated basis
and with ratemaking treatment for certain program costs as set forth in the proposed Settlement
through the SPRC, is in accordance with the law as set out by L. 2007 c. 340.6Furthermore,
while the Board has carefully considered NJLEUC’s comments regarding the proposed
Settlement, the BoardFINDSthat the proposed Settlement represents a fair and reasonable
resolution of this matter and is in the public interest. The pilot program whereby PSE&G will
provide upfront capital to install up to 30MW of solar capacity for its customers, will further the
State’s and this Board’s goals and commitment to foster clean renewable energy in the State.
Specifically, pursuant to the Board’s RPS regulations, the State will have 20% of electricity used
in the State come from class I renewable energy sources, with 2.120% from solar, in the
reporting year ending May 31, 2021. In addition, Governor Corzine’s Executive Order No. 54
and the Global Warming Response Act, L. 2007, c. 112, N.J.S.A. 26:2C-37 et seq., call for
reducing New Jersey’s greenhouse gas emissions to a level at or below 1990 levels by 2020,
and to a level 80% below 2006 levels by 2050.
NJLEUC requests that the Board view the proposed Settlement as an interlocking part of a longterm
energy strategy and await final action on the proposed Settlement pending greater clarity
with respect to aspects of the State’s energy policy debate. Although the State’s Energy Master
Plan is currently being updated, the Board has sufficient information about the relevant aspects
of the State’s energy policy to proceed with final action on the proposed Settlement.
Specifically, Executive Order No. 54, the Global Warming Response Act, and L. 2007, c. 340,
as well as the Board’s 2006 adoption of the solar renewable portfolio standard through May 31,
2021, which was left unchanged by all of those subsequent actions, already express not only
the State’s commitment to reducing greenhouse gas emissions but also its commitment to
meeting more of our energy needs through the use of renewable sources, including solar. The
Board, therefore, finds that the pilot program, as set forth in the Settlement, is consistent with
and will help achieve those commitments. Accordingly, the Board concludes that Board action
on the Settlement should not be deferred.
6L. 2007, c. 340 requires the Board to issue an order allowing electric public utilities and gas public
utilities to offer EE and conservation programs, to invest in class I RE resources, and to offer class I RE
programs in their respective service territories on a regulated basis. The order is to be issued within 120
days of the enactment of L. 2007, c. 340, or by May 12, 2008, and is to thereafter be reflected in
regulations. L. 2007, c. 340, §13(c); N.J.S.A. 48:3-98.1(c). Such an order will be forthcoming and will be
followed thereafter by a rulemaking. The within Decision and Order is limited to the particular matter and
the circumstances presented herein.
19 BPU Docket No. EO07040278
As to NJLEUC’s comment that language in paragraph 79 of the proposed Settlement that the
“pilot program is separate and apart from the renewable energy programs administered by the
Office of Clean Energy for budgetary and cost recovery purposes” could be construed as an
effort to have the pilot program be outside the reach of the Board’s recently adopted 2% cap on
ratepayers’ subsidies to solar power initiatives, the Board does not read the cited Settlement
provision as exempting the pilot program from consideration within the 2% solar cost cap in
connection with achieving the solar RPS requirements as set forth in the Board’s December 6,
2007 Order, Docket No. EO06100744. The net cost of the SPRC, which is the cost of the
SPRC minus the revenues of the SRECs, shall be considered in the ongoing regulatory
proposal to implement the 2% solar capping mechanism pursuant to the Board’s December 6,
2007 Order, Docket No. EO06100744.
The Board also has considered NJLEUC’s other comments on particular terms of the proposed
Settlement and pilot program. NJLEUC requested that the program’s return on common equity
be reduced to eliminate the risk-related portion of the 9.75% return on equity approved in the
last PSE&G electric rate case. The Board notes that PSE&G originally requested a return on
equity of 11.00%, as well as make whole payments. As reflected in the Settlement, the
Company has agreed to a lower ROE, and has agreed to forego its request for any make whole
payments associated with the pilot program, to cap the annual administrative costs to be borne
by ratepayers, and to bear a portion of the administrative costs. The Board also notes that this
is a pilot program for two years, or 30 MW of projects, whichever comes first, and any additional
phases will require a petition, public notice and hearing, and Board review and approval. The
issue of the appropriate return on equity on any program beyond the initial pilot will be
addressed in any such proceeding. Therefore, while the Board has carefully considered
NJLEUC’s comments with respect to the return on equity, given the entirety of the proposed
Settlement, the Board is not persuaded that the proposed Settlement should be modified in this
regard for the purposes of the pilot program.
With respect to NJLEUC’s concern regarding the allocation of SPRC charges on a per kWh
basis, the Board notes that the pilot program provides needed incentives for the installation of
solar photovoltaic systems to generate electricity. The benefits of the program are not specific
to one rate class, but to PSE&G’s service territory as a whole. Additionally, the Board notes that
under the terms of the proposed pilot program, the program will have four segments, with the
following hard caps in the first year, subject to possible conversion to “soft” caps in the
program’s second year depending on market conditions and the status of projects accepted into
each segment in the initial year: 9 MW (30%) for municipal/ not-for-profit segment, 9 MW (30%)
for residential and multi-family/affordable housing segments combined, and 12 MW (40%) for
the C&I segment. Thus, while the C&I class as large users may pay more, that segment will
constitute a larger part of the program than other customers. The C&I customers will benefit
proportionately more by any reduction in usage due to solar, both on a peak and annual basis.
Therefore, the Board finds the Settlement’s allocation of the pilot program costs on a per kWh
basis to be reasonable.
The Board also has considered NJLEUC’s concern regarding the potential interclass subsidies
created by the 6.5% interest rate for consumer program loans made to residential ratepayers as
opposed to the 11.11% interest rate for commercial, industrial, non-profit, and government
participants. With regard to the installation of solar photovoltaic systems, the market barrier
largely is with the residential segment. To reduce that barrier, the Board finds acceptable the
Settlement’s proposed differential in the incentive. Furthermore, in assessing the
reasonableness of the cost recovery, this particular individual pilot program cannot be viewed in
20 BPU Docket No. EO07040278
isolation. Different market barriers for different programs must be considered. Also to be
considered is that all ratepayers will benefit on the whole from an increase in solar generation.
In addition to having considered NJLEUC’s comments, the Board has carefully considered other
aspects of the proposed Settlement’s cost recovery mechanism. While there will not be a
change to the SPRC at this time, and hence there will be no immediate change in customers’
electricity distribution bills, the Board has considered whether the proposed cost recovery
mechanism will result in rates which are unjust or unreasonable. The Settlement attempts to
mitigate future rate impacts by requiring PSE&G to recover only 50% of the annual grand total
amounts of administrative costs through the SPRC and to cap the recovery of these costs
through the SPRC in any year. Although the exact amounts of any increase and the
subsequent impact on customers cannot precisely be quantified and known at this time due to
variations that may occur, including the number of loans issued and the value of SRECs sold by
PSE&G and credited to the SPRC, the Board is satisfied that the cost recovery mechanism
proposed is reasonable and should not cause rates to be unjust or unreasonable.
Accordingly, the BoardHEREBY ADOPTSandAPPROVESthe attached Settlement as its
own, and incorporates its provisions herein, as if they were fully set forth herein, effective on the
date of this Decision and Order. PSE&G isHEREBY DIRECTEDto file the appropriate tariff
sheets conforming to the terms and conditions of this Decision and Order within ten (10)
business days from the date of this Decision and Order.
In issuing this Decision and Order, the Board reiterates its commitment to the market structure
created in its December 6, 2007 Decision and Order Regarding Solar Electric Generation in In
the Matter of the Renewable Energy Portfolio Standards-Alternative Compliance Payments and
Solar Alternative Compliance Payments, Docket No. EO06100744. The implementation of the
PSE&G solar loan program, particularly the disposition of program SRECs, should be
undertaken, to the extent possible, so as to minimize the impact, if any, on the non-pilot
program SREC market. The Settlement provides for PSE&G to report data regarding the pilot
program on a semi-annual basis to Board Staff with copies to Rate Counsel. In reviewing the
data, the Board reserves its right to initiate an audit of the pilot program at any time it deems
appropriate to determine whether the program is consistent with this Decision and Order and
the Settlement and is achieving its intended objectives, as well as any relevant objectives set
forth in the forthcoming Energy Master Plan.
This Decision and Order and the Board’s approval herein is conditioned, as is the Settlement
pursuant to paragraph 85, upon PSE&G conducting the solar program in full compliance with
any and all requirements and determinations of the New Jersey Department of Banking and
Insurance as may be applicable. Nothing in this Decision and Order adopting and approving the
Settlement is intended in any way to bind any determination by the New Jersey Department of
Banking and Insurance. The BoardHEREBY ORDERSPSE&G to report back to the Board and
all parties within 30 days regarding the status of the New Jersey Department of Banking and
Insurance’s determination per paragraph 53 of the Settlement and to provide copies to the
Board and all parties of all determinations and decisions by the New Jersey Department of
Banking and Insurance with respect to PSE&G’s Solar Program. If PSE&G is unable to obtain
either an exemption from New Jersey Department of Banking and Insurance licensure or a
declaratory ruling that its proposed treatment of the equal monthly payment requirement is
acceptable, and the Call Option does not constitute a prepayment penalty, PSE&G shall, within
60 days of the date of this Order, meet to discuss with the other parties suitable alternatives for
the residential segment or to discuss the status of any requests that remain pending at the New
Jersey Department of Banking and Insurance and report back to the Board and obtain any
The market for New Jersey Solar Renewable Energy Certificates SRECs has moved up significantly in the last month. Prices on Flett Exchange for the 2009 vintage SRECs reached a record price of $545.00 per SREC on September 22. The current market is $523 bid, $547.50 offer with a trade done today at $540.00. This represents the immediate purchase and transfer of SRECs via the New Jersey Clean Energy Program website.
Prices for SRECs generally trend upwards during the energy year which runs June to June. This year has been particularly interesting since the SRECs generated now apply to the first year in which the New Jersey Board of Public Utilities has made major changes the program. When the SREC program was first introduced a few years ago the State of New Jersey gave out money to entities who installed solar. The money was in the form of a rebate and it funded somewhere in the range of 60% to 70% of the installation cost. These entities were also eligible to sell SRECs with a cap of $300.
The Board of Public Utilities transitioned the SREC program away from relying on rebates and SRECs to SRECs only for the energy years 2009 going forward. To ensure a continued investment into solar in New Jersey they raised the cap to $711 in 2009.
The rise in value during the first 2 months of trading in the 2009 vintage SRECs is in the right direction. During the planning of the SREC program and the establishment of the new cap of $711 it was estimated that prices of SRECs would need to rise to at least above $500 with a goal of approximately $611 to keep solar installations on track.
The SREC program in New Jersey is a result of a tireless effort on the part of the Board of Public Utilities. The BPU staff spent years and countless hours in designing rules to ensure solar power generation in New Jersey at the lowest cost to the consumers.
The New Jersey Clean Energy Program “NJCEP” released its SREC trading data today for vintage year 2008 SRECs which are due to expire to the voluntary market august 31 2008. The data shows a clear increase in trading volume through the previous two months and an increasing average price per SREC over the same period. Note that the average prices reported are relativity low in comparison to the prices Flett Exchange customers have achieved in the 2008 market. As well the extreme monthly highs and lows are based simply on prior long term contracts and are unrelated to the spot market where Flett Exchange and its customers operate.
For more information select the link below to view the full report from the NJCEP or call the Flett Exchange SREC Trading Desk. NJCEP SREC Trading Statistics
Flett Exchange saw its first Vinetage 2009 Solar Renewable Energy Certifiacte (NJ SREC) trade yesterday afternoon at $450. This along with news of a contact locking a full years a production from an outside source at $500 an SREC with terms “payed as produced” currently values the market around the $500 level.
Although volume has been light Flett Exchange have seen moderate interest on the sell side as individuals will look to profit from the recently increased Solar Alternative Compliance Payment (SACP). If the current market price holds up SREC producers can expect to receive a 150% premium over Vintage year 2008 SRECs and considering SRECs generated after July 5th will carry a life of two years oppose to a previous one year lifetime producers will have the option to bank their SRECs in hopes of a higher price in the future. However, producers banking their SRECs hoping to benefit from future price spikes will remain subject to full market risk.
Flett Exchange customers are starting to place orders to sell their 2009 New Jersey Solar Renewable Energy Certificates NJ SRECs on our elecronic platform. Our Sellers are comming in at $525 t0 $550. We have one small buyer willing to pay $450. Sellers on the New Jersey Clean Energy Program website are posting at $500 to sell all of their EY2008 SRECs or $515 to sell the ones currently available.
None of our major buyers have yet to post bids as they are more concerned with the 2008 vintage SRECs at this time. The Load Serving Entities LSEs have until August 31 to either purchase SRECs or pay the $300 SCAP.
The prices for 2008 New Jersey SREC (Solar Renewable Energy Certificates) dropped slightly on Flett Exchange in mid-May compared with prices traded in April. The average price for an SREC traded on Flett Exchange in April was $257.07. The Average price as of May 16, 2008 was $ 255.71. That is a drop of $1.36 per SREC.
This may not reflect the prices of SRECs traded in the cash market between producers and aggregators. Flett Exchange saw a drop in volume on its platform during the second week of May. We believe this is attributed to higher prices found off of the Exchange. A few customers reported receiving higher bids over the phone via aggregators than bids shown on the Flett Exchange SREC internet based market. The higher bids seem to have corresponded with larger SREC offers. Sellers with 30 to 50 SRECs reported higher bids for their SRECs . Talk of $260 for a block of 34 and a block of 50 SRECs were reportedly done in the second week of May.
Flett Exchange still has a block order for one of its buyers willing to pay $265.00 per SREC however, the minimum volume is 200 with a maximum volume of 1200 SREC.
Flett Exchange has a bid of $258.00 for SRECs with no minimum volume as of Monday May 19th. SREC buyers and sellers can open an account with Flett Exchange by emailing SREC@flettexchange.com or calling 201 209 0234.
