# COMAR Title 20 — Public Service Commission

## Subtitle 61 — Renewable Energy Portfolio Standard Program

### Chapter 03 — Renewable Energy Credit

**Authority:** Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative 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)

**Administrative 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)

**Administrative 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)

**Administrative History:** Regulation .02B amended effective January 1, 2007 (33:26 Md. R. 1998)

**Administrative 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)

**Administrative 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)

**Administrative History:** Regulation .04A amended effective January 1, 2007 (33:26 Md. R. 1998)

**Administrative 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)

**Administrative History:** Regulation .06 amended effective December 1, 2008 (35:24 Md. R. 2079); August 10, 2009 (36:16 Md. R. 1251)

**Administrative History:** Chapter revised effective September 20, 2010 (37:19 Md. R. 1285)

**Administrative History:** Regulation .02A, B amended effective March 18, 2013 (40:5 Md. R. 412)

**Administrative History:** Regulation .02B amended effective July 8, 2013 (40:13 Md. R. 1076)

#### Regulation .01 RPS Eligible REC.

*COMAR 20.61.03.01*

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.

*COMAR 20.61.03.02*

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.

*COMAR 20.61.03.03*

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.

*COMAR 20.61.03.04*

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.

*COMAR 20.61.03.05*

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.