Chapter 03. Renewable Energy Credit
Regulation .01 RPS Eligible REC.LinkCopy Citation
A.
Except as provided under Regulation .03 of this chapter, a Maryland-eligible REC shall be recorded with GATS.
B.
If not required by GATS, the REC recordation under §A of this regulation shall include:
(1)
The name of the Maryland certified renewable energy facility;
(2)
A description of the renewable source of generation for the REC;
(3)
The month and year of the generation of the energy represented by the REC; and
(4)
The Tier 1 renewable source or Tier 2 renewable source associated with the REC.
C.
A Maryland eligible REC issued to a renewable on-site generator under this regulation is valid for compliance for the calendar year of generation and the following 2 calendar years.
Regulation .02 REC Creation from Renewable On-Site Generation.LinkCopy Citation
A.
Except under §C of this regulation, a renewable on-site generator may receive a Maryland-eligible REC associated with on-site generation if:
(1)
The renewable on-site generator is certified as a renewable energy facility under COMAR 20.61.02;
(2)
An authorized representative of the renewable on-site generator enters its generation data at least annually in a GATS account maintained in good standing; and
(3)
An authorized representative of the non-solar renewable on-site generator files a non-solar renewable on-site generator report with the Commission under §B of this regulation within 1 week of each recording with GATS.
B.
The non-solar renewable on-site generator report required under §A of this regulation shall be on a form provided by the Commission.
C.
A Level 1 solar renewable energy facility may receive a Maryland-eligible REC associated with on-site generation based on the schedule established by the Commission derived from Commission certified engineering estimates under COMAR 20.61.02 if:
(1)
The Level 1 solar facility is certified as a renewable energy facility under COMAR 20.61.02; and
(2)
The Level 1 solar facility or its authorized representative enters generation data into a GATS.
D.
A Maryland-eligible REC issued to a renewable on-site generator under this regulation is considered issued only upon its recording with GATS.
E.
A Maryland-eligible REC issued to a renewable on-site generator under this regulation is valid for compliance for the calendar year of generation and the following 2 calendar years.
Regulation .03 Creation of RECs Based on Generation Not Delivered Into the PJM Region.LinkCopy Citation
A supplier may request recognition of a REC associated with a Tier 1 renewable source or Tier 2 renewable source not delivered into the PJM region under the following conditions:
A.
The electricity is generated at a facility that has been certified by the Commission under COMAR 20.61.02;
B.
One of the following:
(1)
Certification by the operator of the control area in which the facility is located of the total number of megawatt-hours (MWhs) generated at the facility by month and calendar year; or
(2)
If the operator of the control area is unable to make the certification under §B(2)(a) of this regulation:
(a)
An affidavit from the operator of the control area attesting that the operator is unable to certify the total number of megawatt-hours generated by the named applicant facility for the specific year in question; and
(b)
A certification by the applicant of the total number of megawatt-hours generated at the facility for each calendar year;
C.
Certification by the authorized representative of the facility that the RECs associated with the electricity have not expired or been retired, transferred, or redeemed; and
D.
The electricity is generated within the PJM Region or in a state adjacent to the PJM control area.
Regulation .04 GATS — Maryland REC Designation.LinkCopy Citation
If a renewable energy facility is approved by the Commission under COMAR 20.61.02 and the facility's GATS account continues to be maintained in good standing, the renewable energy facility may achieve a Maryland designation for a Tier 1 renewable source or Tier 2 renewable source REC recorded with GATS before the Commission's approval of the facility only during the calendar year of the Commission's approval.
Regulation .05 Decertified Renewable Energy Facility.LinkCopy Citation
Any REC transferred or sold to a supplier, including a Level 1 solar REC transferred under COMAR 20.61.01.05C(1), before the date of decertification of the renewable energy facility where the REC was created shall remain Maryland-eligible.
Chapter annotations
Authority: Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.06 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)
History: Regulation .01 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)
History: Regulation .02 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)
History: Regulation .02B amended effective January 1, 2007 (33:26 Md. R. 1998)
History: Regulation .03 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)
History: Regulation .04 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)
History: Regulation .04A amended effective January 1, 2007 (33:26 Md. R. 1998)
History: Regulation .05 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)
History: Regulation .06 amended effective December 1, 2008 (35:24 Md. R. 2079); August 10, 2009 (36:16 Md. R. 1251)
History: Chapter revised effective September 20, 2010 (37:19 Md. R. 1285)
History: Regulation .02A, B amended effective March 18, 2013 (40:5 Md. R. 412)
History: Regulation .02B amended effective July 8, 2013 (40:13 Md. R. 1076)