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Domestic Solar Feed-In Tariff Proposals
and Other Incentive Programs
Compiled by Brent T. Burgie
Intern
Colorado Public Utilities Commission
Project Supervisor: Richard P. Mignogna
Policy, Research & Emerging Issues Section
31-Aug-09
This research was conducted as part of a joint NARUC/NREL/State Partnership Program to investigate
the application of feed-in tariffs to promote renewable energy penetration.
For further information, contact:
Richard P. Mignogna, Ph.D., P.E.
Policy, Research, and Emerging Issues Section
Colorado Public Utilities Commission
1560 Broadway, Suite 250
Denver, CO 80202
Tel: 303.894.2871
Email: richard.mignogna@dora.state.co.us
o investigate
Average Retail Price Renewable Energy
State Feed-in Tariff Programs
Form of Action State RPS for 2008 (cents per Technologies Solar Rate Structure Tariff Review & Adjustment Program & Project Caps Power Purchase Agreement Requirements
kilowatt-hour) Affected
Leg. HB 1851 Residential - 8.21 solar, wind,
Utility must offer to purchase 2% of overall energy needs from RE
(Introduced 2009) - Commercial - 6.88 hydroelectric, Non-specific with regard to solar. Utility files tariff w/ PUC. PUC If compliance w/ FIT causes energy costs to increase 3% or
Arkansas No generators, with 20% of that from residential or commercial RE PPA's not exceed 20 years.
Died 5/1/09 at sine die Industrial - 5.19 geothermal, and approves after (1) notice and hearing, and (2) if in public interest. more, then Commission shall reduce 2% requirement.
generators.
adjournment All Sectors - 6.83 biomass
Requires an electrical corporation to file with the California
Provides that the electrical generating facility must be less
Public Utilities Commission (PUC) a tariff for the purchase of
than 1 megawatt (MW) in size, must be owned by a public water
renewable energy output produced by a renewable electric
or wastewater agency that is a customer of an electrical
generation facility owned by a public water or wastewater
Leg. SB 1969 - Passed corporation, must be interconnected with and operated in
agency. Provides that the tariff shall require the purchase of the Deferred to CPUC. N/A
2006 parallel with the electricity distribution grid and, must be
electricity at the market price referent, which is the price
strategically located near the electricity transmission system
the PUC determines is the market price for renewable
in a manner that optimizes the deliverability of electricity
electricity. Market Price Referrent is similar to an avoided cost
to load centers. Overall statewide program cap set at 250MW.
calculation methodology. MPR's set by Order 07-07-027
PG&E and SCE were all required to offer
both a full buy/sell option and an excess
sale option in each tariff submitted for
approval. Other electrical corporations
Admin. PUC Order 07- Set pricing terms according to Market Price Referrent were only required to offer the full buy/sell
N/A Increased Individual Project Caps to 1.5MW
07-027 (07/2007) methodology. option top water and wastewater customers
, but they could offer both options if they
chose to do so. PPA's can be 10, 15, 20,
or 25 years in length at time of use
purchase prices.
Increased overall FIT program cap to 500MW. Removed
Leg. SB 380 - Passed
N/A N/A restrictions that RE be generated solely from public water and N/A
(02/2008)
wastewater plants.
Requires the PUC to annually establish maximum cost
Leg. SB 32 - limitations for purchases of electricity pursuant to this
Introduced 12/2/08. As bill that are applicable to an electric generation facility
of 6/15/09 in to Would allow the PUC to adjust the prices, based on current that commences service pursuant to the tariff during the
Committees on U & C market price, and adjusted for other costs attributable 12-month period following its establishment. Separate cost
and Nat Res. Amded to renewable generation. Additionally, limitations shall be established for each renewable generation
Would increase the current project cap size from 1.5MW to 3MW. N/A
6/2/09. Passed Senate Residential - 14.19 the PUC, in consultation with the California Energy technology. The cost limitations shall be established at the
Yes - 20% by
6/3/09 & referred to Commercial - 11.23 Commission, would establish the cost of generation values and average price paid for electricity generated by eligible renewable
California 2010; 33% by
Assembly. Amded Industrial - 9.34 cost for each technology. energy resources, utilizing that technology, pursuant to contracts
2020
7/3/09 re-referred to All Sectors - 11.98 with the state's three largest electrical corporations that are
Nat Res Comm. approved by the PUC during the 12-month period preceding
establishment of the cost limitation.
Thin-film Solar, Solar
PV other than thin-
Leg. AB 1106 - Amended version would instruct CPUC to adopt FIT rate structure
film; solar thermal
Introduced 2/27/009. and approve standard offer contracts for eight specified RE
electric; wind; biogas, The price to be paid by the electrical corporation for electricity
As of 6/11/09 ref'd to technologies by 6/1/11, 16 total tariffs, 2 per technology. Tier
digester gas, landfill delivered to the grid pursuant to the standard-offer contract and
Comm. On E, U., and one: for facilities up to 5 MW. Tier two for facilities between 5 and
gas; biomass and FIT shall be reviewed and, if needed, prospectively adjusted
C. Passed Assembly 10 MW. Tier 1 tariffs would be set at the reasonable cost of
solid waste downward on a biennial basis to reflect changing costs of Must include price to be paid for Tier and
6/1/09 and sent to production, plus a reasonable profit, capped at $30 kWh or____ Project cap 10 MW, Program cap 500 MW
conversion; production as determined by the CPUC. The adjusted purchase Tier 2 PPAs
Senate. In Senate percent above the average cost of electricity generated by eligible
geothermal; small price is applicable to a tier one tariff-eligible generation facility
Comm. Amended renewable energy resources, whichever is lower, for at least 25
hydro; RE technology that interconnects to the grid or commences initial operation
6/25/09 & 7/15/09 and years. Tier 2 would be priced at the "total benefit of the electricity
that CPUC finds hold subsequent to the operative date of the revised FIT.
re-referred to to ratepayers ... on a time of delivery basis and any other
promise to contribute
Committee renewable attributes" for 10, 15, or 20 years.
toward meeting RPS
requirements
Admin. PUC Docket
R0808009 - Currently
awaiting decision
(Briefs have been filed)
in response to SCE's
assertion that CPUC
Investigating whether to further increase individual RE generation
may not have
project caps from present level of 1.5MW
jurisdiction to set rates
above avoided costs
due to preemption
arising from the
Federal Power Act of
1978 and the PURPA.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 3 of 29
Average Retail Price Renewable Energy
Form of Action State RPS for 2008 (cents per Technologies Solar Rate Structure Tariff Review & Adjustment Program & Project Caps Power Purchase Agreement Requirements
kilowatt-hour) Affected
Solar PV: (1) $.4683/kWh non-building mounted; (2) $.6314/kWh
building mounted < 30kW; (3) $.6006/kWh building mounted btw
30 kW and 100kW; (4) $.5810/kWh building mounted btw 100kW Utility is not obligated to K with or interconnect to a RE generator
biomass, biogas,
and 1MW $.4844 kWh building mounted > 1 MW; and (5) 9% Starting 1/1/02, minimum rates reduced 1% for any system that is placed into service after Dec. 31 of the year following the
Leg. SB 1196 - geothermal, Commission approved form K to be used.
reduction if not in service by 2012 & 9% annual reduction placed into service in 2012 & reduced an additional 1% for every year in which the aggregate electrical capacity of new RE systems
Introduced 1/28/09 - hydropower, landfill 20 yr-term commencing on date generator
thereafter. year a new system is placed in to service thereafter. Reduced that are PV electricity systems or concentrating solar electricity
Ref'd to Comm. gas, sewage placed into service. 30 yr-term for
Solar Electricity System (not defined in statute - CUSP?): (1) compensation shall be rounded to the second decimal place of systems as to which technical requirements for interconnection have
1/30/09. Nothing further treatment plant gas, hydropower.
$.3964/kWh < 5MW; (2) $.367/ kWh > 5MW; and (3) 1% cents per kWh. been met equals 50% of the electric utility's system peak demand.
solar, wind
reduction if not in service by 2012 and additional 1% per year The Commission may increase, by rule or order, the 50% cap.
thereafter
Residential - 29.21
Yes - 20% by Commercial - 26.63
Hawaii
2020 Industrial - 22.81
All Sectors - 26.05
Admin. PUC Docket biomass, biogas,
2008-0273 - geothermal,
Proceedings currently hydropower, landfill
in process, with PUC gas, sewage
decision on FIT rates treatment plant gas,
dues 7/31/09. solar, wind
Solar Powered Plants: rate needed for development and a
reasonable profit (between 10-30%), but no less than: (1) $0.50
per kWh for free standing or open field projects; (2) $0.65 per Review every 2 years & adjust rates necessary to account for
Commission shall approve a standard K to
solar, hydroelectric, kWh for rooftop projects with a capacity < 30 kW; (3) $0.62 per inflation, assist in the profitable development of eligible electric
Residential - 9.78 be used in all cases. K shall include prices
Leg. HB 5855 - wind, geothermal, kWh for rooftop projects with a capacity of 30 kW to 100 kW; (4) generators, prevent excessive profits for eligible electric
Yes - 25% by Commercial - 7.97 paid for each kWh generated, the duration
Illinois Introduced 2/15/08. landfill gas, sewage $0.61 per kWh for rooftop projects with a capacity > 100 kW; (5) generators, and prevent unnecessary costs to ratepayers. The N/A
2025 Industrial - 7.22 of the contract, and any adjustments of
Dead bill. treatment gas, $0.71 per kWh for facade cladding projects with a capacity < 30 Commission shall reduce the rates to reflect any federal or state
All Sectors - 8.45 those prices for inflation. K term of not less
biofuel, or biomass. kW; (6) $0.68 per kWh for facade cladding projects with a subsidies, tax credits, or other incentives that an eligible electric
than 20 years.
capacity of 30 kW to 100 kW; and (7) $0.67 per kWh for facade generator is receiving.
cladding projects with a capacity > 100 kW.
Every two years, beginning in 2011, the Commission shall
review rates to determine if the then current rates reflect the
Facility using solar energy to generate electricity: rate based on price needed for the profitable development of RE. In doing so,
Wind, solar, the price needed for development plus a reasonable profit, as the Commission shall consider whether the rates reflect a
hydropower from determined by the size and location of the facility. No less than: profitability that rapid deployment of RE and electricity, but does
Leg. HB 1622 - Commission approved form K to be used.
Residential - 7.95 existing dams, (1) $.50 kWh for freestanding or located in open field; (2) $.65 not result in excessive profits for generators and unnecessary
Introduced 1/22/09. Minimum 20 yr-term commencing on date
Commercial - 7.21 geothermal, kWh for rooftop < 30kW; (3) $.62kWh for rooftop and between costs to ratepayers. Commission may adjust rates with notice
Indiana Ref'd to Comm. No N/A generator placed into service. Contract
Industrial - 5.19 biomass, biogas, 30kW and 10 kW; (4) $.61 kWh for rooftop > 100kW; (5) $.71 and hearing. Rate offset for RE system operator enjoying any
1/16/09. Failed due to must include rate, rate adjustments to
All Sectors - 6.61 landfill gas, and kWh for solar façade cladding < 30kW; (6) $.68 kWh solar façade federal tax credits or deductions, or other federal incentives or
Adjournment. account for inflation, and duration.
sewage treatment cladding between 30kW and 100 kW; and (7) $.67 kWh solar subsidies (other than accelerated depreciation for tax purposes.
gas. façade cladding > 100kW However, may claim state tax credits, deductions, incentives or
other states subsidies, and any incentives offered by energy
utility in connection with RE generation without offset.
Doesn't specify. The
board shall designate
areas of the state as
green energy zones
based upon
application of one or
more of the following
criteria: The board, in conjunction with the utilities board of the utilities
(1) The average division of the department of commerce, shall develop a
annual wind speed specialized FIT applicable to PPAs entered into between alternate
exceeds fifteen and energy production facilities and electric utilities whose service area
seven=tenths miles encompasses part or all of a green energy zone at a sufficient rate
Leg. HF 412 - Residential - 8.43 per hour. to provide an incentive for the development of alternate and RE
Introduced 2/23/09. Commercial - 6.45 (2) The average production within the green energy zone, establish an expedited
Iowa Yes - 105 MW N/A N/A Nothing in Statute
Ref'd to Comm. 3/3/09. Industrial - 4.23 global horizontal transmission line franchise petition process authorizing
Nothing further All Sectors - 6.23 irradiance per square transmission line construction and operation based upon economic
mile exceeds one need, recommend modification of maximum limits on loans issued
hundred sixty=six pursuant to the alternate energy revolving loan program in section
watts. 476.46, and identify additional incentives, including tax incentives,
(3) Significant for promoting alternate and RE production within green energy
hydraulic energy zones.
potential exists, as
determined by the
board.
(4) Significant landfill
gas potential exists,
as determined by the
board.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 4 of 29
Average Retail Price Renewable Energy
Form of Action State RPS for 2008 (cents per Technologies Solar Rate Structure Tariff Review & Adjustment Program & Project Caps Power Purchase Agreement Requirements
kilowatt-hour) Affected
The rates must establish specific classes of eligible electric
generators. Must cover costs from: 1. Operating, maintaining, and
any repairs on generating system; 2. Annual principal and interest
due on loans; 3. Provide for annual contribution to a contingency
reserve fund up to an amount equal to 25% of operational budget
for generating system; 4. Use of existing or new transmission and
Solar PV, solar distribution lines; 5. To make up for the avoided cost, if any, of
building or purchasing additional nonrenewable generated The commission shall review the rates by January 1st and once
thermal, solar
every 2 years thereafter and adjust those rates for new
concentrating system, electricity; 6. To pay for any and all other reasonable costs and The commission shall draft and make
expenses related to generating electricity by the eligible electric contracts as necessary to account for inflation, assist in
Leg. LD 1450 & HP wind hydroelectric, available a standard contract, with a
the profitable development of eligible electric generators,
1006 (Introduced biomass, tidal power, generator; 7. To pay a minimum annual return of at least 8% to the duration of not less than 20 years for
Residential - 15.36 REgenerator for the first 2 years after January 1, 2010 for all prevent excessive profits for eligible electric generators and Eligible RE generators must be less than 20 MW
2009). Bill died as of generators fueled by electricity purchased by grid operator (utility)
Commercial - 13.14 renewable resources except solar power. Thereafter, every 2 prevent unnecessary costs to ratepayers. The commission shall
Maine 5/21/09 Yes - methane from from an eligible RE generator. PPA's freely
Industrial - 12.00 reduce the approved rates to reflect any federal or state
sewage treatment years, the Commission may reduce the minimum annual return by transferable.
All Sectors - 13.71 1%; 8. To pay a minimum annual return of at least 8% to solar subsidies, tax credits or other incentives that an eligible electric
facilities, landfills or
powered generators for the first 2 years after January 1, 2010 for generator may receive.
agricultural waste
all installations made over existing parking lots in existence for at
least 5 years and mounted onto roofs and buildings. Thereafter,
every 2 years, the commission may reduce the minimum annual
return by 1%; and 9. To pay a reasonable annual return of not
more than 4% for the first 2 years after January 1, 2010 to all
other eligible solar powered generators. Thereafter, every 2 years,
the commission may reduce the minimum annual return by 1%.
Leg. LD 1075 -
instututed a C-BED.
See Bill for details.
Solar Powered Plants - rate needed for development and a
Leg. HB 5218 reasonable profit (between 10-30%), but no less than: (1) $.50 Commission shall approve a standard K to
Hydroelectric, landfill
Introduced 9/15/07. Yes - 10% + Residential - 10.32 kWh for free standing or open field projects; (2) $.65 kWh rooftop be used in all cases. K shall include prices
or sewage treatment Rates approved every 2 years. Adjusted for inflation, assist in
Ref'd to Comm. 1,000 MW by Commercial - 8.96 projects < 30kW; (3) $.62 kWh rooftop between 30kW and 100 paid for each kWh generated, the duration
Michigan gas, biomass, profitable development of eligible electric generators, prevent N/A
9/15/07. & printed bill 2015; triple credit Industrial - 6.53 kW; (4) $.61 kWh rooftop > 100kW; (5) $.71 kWh façade cladding of the contract, and any adjustments of
biogas, wind solar, excessive profits, and unnecessary costs to ratepayers
filed 9/17/07. Nothing for solar All Sectors - 8.68 projects < 30 kW; (6) $.68 kWh façade cladding between 30 kW those prices for inflation. K term of not less
geothermal
further. and 100 kW9 and (7) $.67 kWh façade cladding > 100 kW. than 20 years.
PV Solar: Rate needed to ensure adequate development and a
reasonable profit (10% or more), but not less than: (1) $0.50 kWh Every two years, review to achieve adequate renewable energy
for a free standing or open field project; (2) $0.65 kWh for a development; account for inflation; provide for a reasonable, but
rooftop with a capacity < 30 kW; (3) $0.62 kW hour for a rooftop not excessive, profit to owners of renewable electricity
The commission shall approve a standard
Leg. HF 932 - with a capacity of at least 30 kWs but less than 100 kWs; (4) generators; promote development of C-BED projects; and
contract to be used in all power purchase
Introduced 2/19/09. Residential - 9.10 $0.61 kW hour for a rooftop with a capacity >100 kWs; (5) $0.71 minimize costs to ratepayers of a utility's compliance with the
Yes - 25% by Wind, hydroelectric, A single qualifying owner may receive payments from facilities agreements under the tariff. The contract
Ref'd to Energy Commercial - 7.39 kW hour for a facade cladding with a capacity <30 kWs; (6) $0.68 renewable energy standards under section 216B.1691.
Minnesota 2025 (Xcel 30% biomass, landfill gas, whose aggregate size does not exceed 50MW. A utility may must include the price paid for each kW
Finance & Policy Industrial - 5.76 kW hour for a facade cladding with a capacity of at least 30 kW Commission may not approve a tariff where generator has
by 2020) solar purchase up to 20% of their RE obligation under the FIT policy hour generated, a method to adjust the
Division 5/22/09. All Sectors - 7.46 but less than 100 kW; and (7) $0.67 kW hour for facade cladding received federal or state subsidies, tax credits, or other financial
price for inflation, and the duration of the
Nothing further. with a capacity > 100 kW. incentives available to owners of renewable electric generation
contract. 20 year term or more.
Note - BY 12/1/09, each utility must submit a tariff to the facilities unless the tariff requires that those subsidies, tax
Commission, to be approved within 90 days of submission. credits, or other financial incentives are deducted from the
amounts paid to the project owner
Yes - 20%
Residential - 9.00
Leg. HM 87 - IOU's, 10% co- Bill is merely an attempt to order an interim committee assigned to
Commercial - 7.91
New Mexico Introduced 3/9/09. op's by 2020; 4% N/A address water and natural resources within the state to hear N/A N/A N/A
Industrial - 5.98
Dead Bill. solar & 0.6% DG testimony on the possible benefits of a state-wide FIT.
All Sectors - 7.71
by 2020
Term – 20 years. Commission approved
form K, including priced paid for each kWh
Solar PV - Rate needed to ensure adequate RE development plus generated, method to adjust price for
a reasonable profit (not less than 10%), but no less than the Beginning 2/1/2012, and every 2 years thereafter, the inflation, and duration of K. Contract shall
Leg. A187 & S2715 - following: (1) Open Field - $.50 kWh. (2) Rooftop: $.65 kWh less Commission shall review and adjust rates adopted under the include: (1) levelized price paid per kWh
Introduced 2009 - Each than 30kW; $.62 kWh between 30kW and 100kW; and $.61 kW FIT as necessary to achieve adequate RE development, Utilities should make a good faith effort to acquire at least 1% of it's generated; (2) duration of the agreement;
wind, hydroelectric,
ref'd to Comm. - A187 more than 100 kW; (3) Façade Cladding: $.71 kWh below 30 kW; account for inflation, provide for reasonable, but not excessive energy sold to retail consumers from eligible energy technologies (3) shall not includepenalties for failure to
biomass, landfill gas,
1/7/09 & S2715 $.68 kWh between 30 kW and 100 kW; and $.67 kWh more than profit to owners of RE generators, promote C-BED projects, (solar, wind, hydro less than 100MW, hydrogen, or biomass), and generate a specific amount of energy.
solar PV
2/27/09. Nothing 100 kW. and minimize costs to ratepayers of a utility's compliance with 7% by 2015. Contracts for PV generators may be
further. Note- each utility must file by 12/1/09 a tariff to be approved by the applicable state or federal RE standards. Note - NY's RPS has cancelled if the RE generating system is not
Commission. The Commission may, after notice and hearing, an overall target of 25% by 2013. completed and operational within a
require electric utilities to enter into PPA's with Qualifying owners. reasonable period of time after contract
execution.
25% of total statewide cap must be reserved for residential PV. No
more than 25% of Statewide Capacity Cap can be offered to PV
systems greater than 2MW. Statewide Capacity Cap for all forms
Beginning 2/1/11, and every year thereafter, the Commission
of RE as follows:
Yes - 24% by Residential - 17.52 shall review and adjust rates adopted under the tariff in this
Year Not More Than
2013; 0.1542% Commercial - 15.01 section as necessary to achieve adequate RE development;
New York Solar PV - Rate needed to ensure adequate RE development plus 2010 94 MW
Leg. S2715A - customer sited Industrial - 11.07 Solar, wind, account for inflation; provide for a reasonable, but not excessive,
a reasonable profit (not less than 10%), but no less than the 2011 113 MW
Amended S2715 and solar by 2013 All Sectors - 15.44 hydroelectric less profit to owners of RE generators; promote development of C- Term of not less than 20 years from date of
following: (1) Non-net metered greater than 2MW $.33; (2) $.31 2012 135 MW
recommitted to than 100 MW, BED projects; and minimize costs to ratepayers of a utility's facility commissioning. Commission
for project less than 30 kW; (3) $.27 for project with capacity 2013 161 MW
Telecommunications & biomass, river hydro- compliance with applicable state or federal RE standards. It is approved PPA to be used in for all contracts
between 30 kW and 100 kW; (4) $.24 for projects with capactity 2014 193 MW
Energy Committee kinetic electric the intent of this section this section that the tates shall be signed under this program.
between 100 kW and 500 kW; and (5) $.22 for projects with 2015 231 MW
6/8/09 generation, tidal reduced at a minimum by 5% per year, so long as the
capacity between 500kW and 2MW. 2016 277 MW
requirements of this subdivision are met. Once adopted, the
2017 331 MW
adjusted rates shall apply to all 20-year PPAs subsequently
2018 397 MW
entered into until the next annual adjustment goes into effect.
2019 475 MW
2020 569 MW
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 5 of 29
Yes - 24% by Residential - 17.52
2013; 0.1542% Commercial - 15.01
New York
customer sited Industrial - 11.07
solar by 2013 All Sectors - 15.44
Average Retail Price Renewable Energy
Form of Action State RPS for 2008 (cents per Technologies Solar Rate Structure Tariff Review & Adjustment Program & Project Caps Power Purchase Agreement Requirements
kilowatt-hour) Affected
The utility may adjust the amount paid per kWh no more than
once every 2 years & shall annually review the amount taking
into consideration the ability of such amount taking into
Leg. A08679 - consideration the ability of such amount to successfully
20 year term; Standard contract t include
Introduced 6/3/09 & $.32 kWh for solar generated within the service territory of the encourage the installation of Solar generation facilities and take Program Cap of 100MW; No project caps so long as program cap
Solar price per kWh & must sell-must buy all RE
referred to Committee Long Island Power Authority into account: (1) actual average system costs and production of is not achieved.
power generated;
thereafter. each type and size of solar generation facility; (2) inflation and
interest rates; (3) return achieved by owners/operators of the
solar generation facility; and (4) the electricity rates paid by
ratepayers.
Legis. HB 2121 -
Introduced 1/15/09;
Public Hearing held
Solar Deferred to Commission N/A 17 MW Program Cap N/A
2/10/09 & Work Yes - 25% by
Session held 4/16/09. 2025 for large
No further activity. utilities (3% or
more of state's Residential - 8.55
load); between Commercial - 7.37
Oregon The commission may establish incentive rates for the pilot
1.5-3% of state's Industrial - 5.23
Leg. HB 3039 - load 10% by All Sectors - 7.36 programs to enable the development of the most efficient solar PV
Introduced 3/9/09; 2025; Less than energy systems. Rates based on resource value include: (1) The
Passed House 5/4/09; 1.5% state's load avoided cost of energy, including avoided fuel price volatility, minus
Passed Senate 5% by 2025 Solar PV the costs of firming and shaping the Project cap 500 kW; Program cap 25 MW 15-year PPAs
6/12/09; Reconciled electricity generated from the facility; (b) Avoided distribution and
version signed 7/1/09. transmission cost; and (c) The RECs. Also, COmmission may
Governor yet to sign choose to limit utility nameplate capacity to avoid increasing
ratepayers rates by .25.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 6 of 29
Average Retail Price Renewable Energy
Form of Action State RPS for 2008 (cents per Technologies Solar Rate Structure Tariff Review & Adjustment Program & Project Caps Power Purchase Agreement Requirements
kilowatt-hour) Affected
Beginning on or before 7/1/10, each electric distribution company
Utility cannot be required to enter into RE contracts that would
shall be required to annually solicit proposals from renewable
exceed:
energy developers and, provided commercially viable proposals
1. By June 30, 2012: twenty-five percent (25%) of the minimum long-
have been received, enter into long-term contracts with terms of
term contract capacity;
up to fifteen (15)(at least 10) years for the purchase of capacity,
Leg. SB 111 2. By June 30, 2013: fifty percent (50%) of the minimum long-term
Residential - 15.28 energy attributes from newly developed RE resources. To obtain
(Introduced 1/29/09) & contract capacity;
Yes - 16% by Commercial - 13.43 Commission approval, a project must: (1) Is located within the
Rhode Island SB 487 (2/25/09). Doesn't specify N/A. 3. By June 30, 2014: seventy-five percent (75%) of the minimum Term of 10-15 years for K.
2020 Industrial - 12.74 jurisdictional boundaries of the state including state waters, or in
Ref'd both to Comm. long-term contract capacity;
All Sectors - 14.10 adjacent federal waters; (2) Will sell energy at demonstrably cost-
and each dead. 4. By June 30, 2015: one hundred percent (100%) of the minimum
effective; 3) Will provide enhanced electricity reliability within the
long-term contract capacity; but may do so earlier voluntarily,
state; (4) Will contribute to moderating system peak load
subject to commission approval.
requirements within the state; (5) Is qualified to provide renewable
5. Note → appears a utility could exceed these levels if they chose
energy credits within the state; and (6) Will create additional
voluntarily.
employment within the state.
Yes - RE Goal: Solar plants -Until the Commission can determine the price to be a. Regulatory examination of tariffs to begin September 15,
RE meets any Residential - 14.06 paid to a RE plant owner, $.30 kWh. Costs of RE acquired under 2009. New rates set January 10, 2010; b. Future tariffs based Term of 10 to 20 years in length for other
Leg. H446 (2009). Bill increase in retail Commercial - 12.12 this program are to be distributed amongst the retail utilities of the on cost of generation plus profit less applicable tax credits and forms of RE, but for solar, 10 to 25 years in
Vermont Solar Statewide Policy Cap - 50MW; individual Project Cap - 2.2MW
passed into law 5/27/09 sales by 2012 & Industrial - 8.96 State, apportioned amongst them according to their pro rata share other incentives. Profit set at rate of return of Vermont electric length. PPA is Freely transferrable
20% RE & CHP All Sectors - 12.06 of the total amount of electricity sold within the state in the utilities ; and c. To occur biennially
by 2017 preceding year.
To become a RE generator, utility must voluntarily agree to and
provide investment cost recovery incentives for each kWh from
the customer-generated system located on the customer's
property. Customer’s can apply to utilities to connect to electric
distribution system once utilities representing 80% of the total
Customer must apply yearly for the
Leg. HB 5101 (2005). customer load in the state have developed uniform standards for Dollar amount caps listed in Solar Rate Structure. If the amount of
Solar PV, wind, Fixed rate, with the potential for increase by meeting the investment cost recovery payment,
Bill passed into law in interconnection. Customer must apply and receive approval from investment recovery requests exceeds a utility's annual cap, then
anaerobic digester multiplier requirements depending on annual electricity output of the
2005 Dept of Revenue for approval of tax credit and from utility. Cost each investment recovery payment will be decreased accordingly.
customer's RE system.
recovery for approved Solar RE generators: $.15 kWh, capped at
$2,000 per household, to be paid by utility to customer. Utility then
may claim income tax credit for the value of the payment to
customer for that fiscal year. Overall credit utility may claim is
capped at 1/4 of 1% of taxable power sales or $25,000
Persons engaged in the manufacture of solar energy systems
Leg. HB 5111 (2005).
using PV modules, making sales at wholesale of solar energy
Bill passed into law in Solar N/A N/A N/A
systems using PV modules shall pay a tax equal to the gross
2005
proceeds received from the RE system multiplied by .2904%.
Yes - 15% by The UTC or the governing boards of the
Residential - 7.50 COU's must develop a standard contract to
2020; Double
Commercial - 6.75 The UTC or governing board of the COU must review the power be used in all power purchase agreements
Washington credit for solar
Industrial - 5.26 purchase agreement rates specified in this act every 2 years, for distributed generation. A standard
Leg. HB 1086 - distributed Hydropower,
All Sectors - 6.76 Directed the Util. and Trans. Comm. To develop and submit and adjust those rates as necessary to account for inflation, contract developed by the UTC and
Introduced 1/8/09. generation biomass, biogas,
appropriate PPA rate structure recommendations by 12/1/09. assist in the profitable development of distributed generators, governing boards must be designed to
Substitute bill referred wind (on and off-
Note the original form of this bill included the rate structure prevent excessive profits for distributed generators, and prevent N/A provide for graduated payments over
to General Government shore), solar electric
described in New York's S2715 proposed earlier in 2009 (this rate unnecessary costs to ratepayers. The UTC or governing board the 20-year term of the contract for
Appropriations 2/20/09. and thermal,
structure is fairly common with introduced state legislation). of the COU must reduce the power purchase agreement rates electricity supplied by eligible distributed
Died at sine die geothermal
to reflect any federal or state subsidies, tax credits, or other generators. The graduated payments must
incentives that an eligible distributed generator is receiving. be reduced over the 20-year term of the
contract, equaling $0 for the last payment of
the contract.
Community solar projects are now able to receive the production
incentive. Community solar projects are defined as solar energy
systems owned by local entities and placed on local government
Leg. SB 6170. Bill Generator incentive cap increased from $2,000 to $5,000.
property or owned by utilities and funded voluntarily by utility
passed 05/2009. Additionally, utility credits caps are increased from $25,000 or .25%
ratepayers. In order for a utility-owned community solar project to
Effective 7/1/09. of annual electricity power sales to the greater of $100,000 or 1% of
Solar qualify, the utility must have annual sales of less than 1,000 N/A N/A
Purpose of this bill is to the utility's annual power sales. Additionally, the incentive payment
megawatt-hours. (iii) The base rate for community solar projects
modify the program for community solar projects cannot exceed 25% of the total
is $0.30/kWh and the multipliers are the same as those used for
established by SB 5101 allowable credit (utility or state-level?)
other renewable energy technologies (potentially raising it to
$1.08/kWh.
Admin. PSC Docket 5- Yes - tiered
EI-148 - Notice of according to year Residential - 10.89
Investigation filed and past Commercial - 8.66
Wisconsin
1/16/09 - In the accumulation of Industrial - 6.08
process of taking public RE in specified All Sectors - 8.53
comments marker years
Red = Passed Legislation; Blue = Dead Legislation; Green = Legislation in Progress; Yellow = Administrative Action
Note - where unable to definitively determine the death of a bill, the bill's status is kept as in progress (green). Likely bills kept as alive actually died at sine die adjournment.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 7 of 29
State Feed-in Tariff Programs
Transmission Interconnection &
Form of Action Rate Multipliers Regulatory or Legislative Reporting Requirement Interaction with State's RPS
Costs
Utility is initially responsible for any
transmission upgrades necessary,
Leg. HB 1851
though these costs may be passed
(Introduced 2009) -
Arkansas thru. Any modifications made to N/A N/A No state standard.
Died 5/1/09 at sine die
utility's grid past point of RE
adjournment
producer's interconnection are
responsibility of RE generator.
Leg. SB 1969 - Passed
N/A N/A N/A RE purchased by utility under this program shall count to RPS obligations.
2006
Admin. PUC Order 07-
N/A N/A N/A N/A
07-027 (07/2007)
Leg. SB 380 - Passed
N/A N/A N/A N/A
(02/2008)
Leg. SB 32 -
Introduced 12/2/08. As
of 6/15/09 in to
Committees on U & C
and Nat Res. Amded
N/A N/A N/A N/A
6/2/09. Passed Senate
6/3/09 & referred to
California
Assembly. Amded
7/3/09 re-referred to
Nat Res Comm.
Leg. AB 1106 -
Introduced 2/27/009.
As of 6/11/09 ref'd to
Comm. On E, U., and
C. Passed Assembly
Require each kWh generated from an RE generator purchased by an IOU to count
6/1/09 and sent to N/A N/A N/A
toward the IOUs RPS obligation.
Senate. In Senate
Comm. Amended
6/25/09 & 7/15/09 and
re-referred to
Committee
Admin. PUC Docket
R0808009 - Currently
awaiting decision
(Briefs have been filed)
in response to SCE's
assertion that CPUC
may not have
jurisdiction to set rates
above avoided costs
due to preemption
arising from the
Federal Power Act of
1978 and the PURPA.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 8 of 29
Transmission Interconnection &
Form of Action Rate Multipliers Regulatory or Legislative Reporting Requirement Interaction with State's RPS
Costs
Every 2 years the Energy Resources Coordinator shall submit a progress report to the legislature detailing: (1) The
A RE producer may request any agency, authority, person, or organization entitled
number, size, and types of RE systems placed in service during the 2-year period and cumulatively, and the
Upon RE generator's request, utility to verify the generation of a particular quantity of energy from a RE source to issue
amounts of RE produced by RE systems; (2) The levelized costs of RE produced; (3) The dollar amounts paid for
shall interconnect the RE system to any certificate, credit, allowance, green tag, or other transferable indicia, indicating
the purchase of RE, and the additional cost, if any, to ratepayers, net of all savings to the utility and ratepayers
Leg. SB 1196 - the distribution and transmission the generation of a specific quantity of renewable electricity by the renewable
from reduced fossil fuel consumption and all economic benefits of DG, including economic benefits of enhanced
Introduced 1/28/09 - system of utility; Required electricity producer's RE system, or indicating the RE producer's ownership of any
N/A reliability; (4) The economic, social, and environmental effects of RE production, such as the amount of investment
Ref'd to Comm. interconnection required of utility environmental attributes associated with generation, including any right to report
in such RE systems, the number of jobs created in the RE sector, and the amount of greenhouse gas emissions
1/30/09. Nothing further closest in proximity to RE generator; any such ownership to any such agency, authority, person, or organization. Any
avoided; (5) The progress made toward RPS achievement and GHG emissions goals; (6) Any proposed
Interconnection costs that benefit RE certificate, credit, allowance, green tag, other transferable indicia, or environmental
adjustments to the rates of compensation in this part to reflect technological or market developments, including the
system are borne by RE generator. attribute shall be the property of the RE producer and shall be freely assignable by
effects of new federal legislation or regulation, with respect to the cost of renewable electricity produced by new RE
the RE producer.
systems.
Hawaii
Admin. PUC Docket
2008-0273 -
Proceedings currently
in process, with PUC
decision on FIT rates
dues 7/31/09.
Utility must interconnect to an RE
Electric generators must provide any relevant information, up request, to the Commission. In each of the first 2
generator distribution system 30-60
Leg. HB 5855 - years and every 4 years thereafter, the Commission shall file a report with the Governor and General Assembly
days upon receiving a request from
Illinois Introduced 2/15/08. N/A that shall include all of the following: (1) The number of new eligible electric generators in this State and the N/A
RE generator. Failure to do so can
Dead bill. environmental effects of the addition of those generators; (2) Recommendations for legislation and changes to the
result in a fine of not more than
tariff rates ; and (3)Actions taken by the Commission to implement this Act.
$100/day.
Grid operator must provide priority
Leg. HB 1622 -
access to a RE generator. Cost Starting in 2010, utilities must provide to Commission total amount of RE purchased (expressed in kWh), total
Introduced 1/22/09.
borne by interconnection from the amount paid by utility, total amount of energy supplied to IN residents the preceding calendar year. Equalization
Indiana Ref'd to Comm. N/A No state standard.
RE's generator's distribution system charge. State to establish a RE generation facility registry for any generators entering into power purchase
1/16/09. Failed due to
to the grid/transmission are born by agreements under this feed-in tariff policy
Adjournment.
the RE facility operator.
Leg. HF 412 -
The board shall perform an annual assessment of the impact of establishing the green energy zones on alternate
Introduced 2/23/09.
Iowa N/A N/A and RE generation, and shall submit a report to the governor and the general assembly by January 1, 2013, Nothing specific
Ref'd to Comm. 3/3/09.
regarding the program and recommendations for program enhancements or expansion.
Nothing further
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 9 of 29
Transmission Interconnection &
Form of Action Rate Multipliers Regulatory or Legislative Reporting Requirement Interaction with State's RPS
Costs
(1) An RE generator certified with at least 70% of the
value added in the State, exclusive of installation
Provided RE generator's distribution
costs, must receive a 5% premium in addition to the
system is within 100 ft of existing
approved rates; (2) Any RE generator, with at least
transmission lines, costs of By January 1, 2010, and every 4 years thereafter, the commission shall file a report with the Governor and
50% value added in a RE opportunity county, must
interconnection included in rate Legislature that must include the following: (1) kWh's of electricity purchased; (2) The number of new eligible
Leg. LD 1450 & HP receive a 5% premium in addition to the approved
structure. If not within 100 ft, costs of electric generators in the State and the environmental effects of the addition of those generators: (3)
1006 (Introduced rates; and (3) An RE generator that is installed on
interconnection borne by RE Recommendations from the public or the commission for legislation and changes to the rates and the terms of the Nothing specific in statute
2009). Bill died as of utilized public property must receive a 5% premium in
generator. A grid operator that fails standard contract in the public interest; and (4) Actions taken by the commission to implement this chapter. Note -
Maine 5/21/09 addition to the approved rates if the net income
to connect an eligible RE generator to RE generators shall, upon request, provide the commission any information that may be relevant to the
generated from such production is used for
grid operator's distribution system commission performing its duties under the FIT policy.
governmental purposes and can be demonstrated to
may be subject to a fine of up to
have reduced taxes. Note - Each of these incentive
$100 per day.
must be paid in addition to all other incentives the
generator may be eligible.
Leg. LD 1075 -
instututed a C-BED.
See Bill for details.
Utility must interconnect to an RE
Leg. HB 5218
generator distribution system 30-60 Electric generators must provide any relevant information, up request, to the Commission. In each of the first 2
Introduced 9/15/07.
days upon receiving a request from years and every 4 years thereafter, the Commission shall file a report with the Governor and General Assembly
Ref'd to Comm.
Michigan RE generator. Failure to do so can N/A that shall include all of the following: (1) The number of new eligible electric generators in this State and the Nothing specific in statute.
9/15/07. & printed bill
result in a fine of not more than environmental effects of the addition of those generators; (2) Recommendations for legislation and changes to the
filed 9/17/07. Nothing
$100/day. Costs of interconnection tariff rates; and (3) Actions taken by the Commission to implement this Act.
further.
passed on to retail customers.
RE generator responsible for costs of
interconnection up to utility's
By 3/1/11, and annually thereafter, utilities must provide the following: (1)total number of kWh's purchased; (2)
distribution system. If the project is
Leg. HF 932 - revenues paid under contracts utilizing FIT; and (3) total number of kWh's sold to state's retail customers. RE
interconnected to a transmission
Introduced 2/19/09. generator's and qualifying owners shall provide Commission with any information that may be relevant to
system line, RE generator is
Ref'd to Energy Commission performing certain duties, including project development costs, equipments, electricity production
Minnesota responsible for that portion of N/A Nothing specific in statute.
Finance & Policy costs, interconnection costs, automatic rate adjustments, and compliance costs. Commission , by 1/1/11 & 1/1/12,
interconnection costs equal to the
Division 5/22/09. and every 4 years thereafter, shall submit a report to the governor and legislature including the following: (1)
cost of interconnecting the project to
Nothing further. number of new RE generators in state and environmental effects of their addition; (2) recommendations for
the near distribution system line.
legislation and changes to rates; and (3) actions taken by commission to achieve RE objectives under FIT policy.
Costs born by RE generator are
recoverable.
Leg. HM 87 -
New Mexico Introduced 3/9/09. N/A N/A N/A N/A
Dead Bill.
Leg. A187 & S2715 - The costs associated with the RE generator's and qualifying owners shall provide Commission with any information that may be relevant to
Introduced 2009 - Each interconnection of RE generators, Commission performing certain duties, including project development costs, equipments, electricity production
ref'd to Comm. - A187 including direct interconnection costs, costs, interconnection costs, automatic rate adjustments, and compliance costs. Commission , by 1/1/11 & 1/1/12,
N/A No mention.
1/7/09 & S2715 distribution system enhancements, and every 4 years thereafter, shall submit a report to the governor and legislature including the following: (1)
2/27/09. Nothing and electric utility compliance costs number of new RE generators in state and environmental effects of their addition; (2) recommendations for
further. are recoverable. legislation and changes to rates; and (3) actions taken by commission to achieve RE objectives under FIT policy.
(1.) Additional $.05 per kW for projects that are
façade or integrated roof cladding; (2)Additional $.05
New York RE generators, qualifying owners, and all electric utilities shall, upon request, provide the commission with any
Leg. S2715A - kW for project locatd in an non-attainment area Neither the RE generator nor the utility shall accumulate a REC under an
information that may be relevant to the commission performing its duties under this section, including but not limited
Amended S2715 and (pertaining to Clean Air Act - not defined in proposed agreement established under this program. However, any obligation under the
to project development costs, equipment costs, electricity productions costs, interconnection costs, automatic rate
recommitted to bill); (3) additional $.05 kW for projects located in an state's RPS will be reduced accordingly based on any RE exchanged under this
adjustments, and compliance costs. By 1/1//11 and 1/1/12, and every four years thereafter, Commission shall
Telecommunications & NYISO load pocket; (4) additional $.05 kW per program. This condition only applies to RECs earned under the state's RPS. It is
submit a report to the Governor and Legislature that shall include: (1) number of RE generators in the state adn
Energy Committee project if located on a brownfield; (5) additional $.05 possible for the utility to obtain credits earned towardthe Regional Greenhouse Gas
their environmental effects; (2) recommendations for legislation and changes to rates, if any; and (3) actions taken
6/8/09 per project for which 75% of costs/labor/materials Initiative or other carbon monitoring programs.
by the Commission to oimplement the provisions of this program.
sourced in NY state; (6) additional $.10 for projects
owned by a not-for-profit or publicly owned entities.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 10 of 29
New York
Transmission Interconnection &
Form of Action Rate Multipliers Regulatory or Legislative Reporting Requirement Interaction with State's RPS
Costs
All costs of interconnection to be paid Utility shall prepare an annual report describing and summarizing the program. The utility shall biennially submit a
Leg. A08679 -
by utility, which are to be included in report to the legislature and governor on the implementation of this program, including: (1) generation capacity
Introduced 6/3/09 &
among the costs the utility shall N/A installed; (2) actions taken by the utility to implement the program; (3) revisions to the amount per kWh set forth in
referred to Committee
consider for cost recovery from the bill; (4) impact of implementation of this program on electricity rates; and (5) recommendations for changes to
thereafter.
ratepayers. this section, including whether this program should be expanded to other cities or adopted statewide.
Legis. HB 2121 -
Introduced 1/15/09;
The Commission shall report to the Legislative Assembly at least 30 days before the date on which a regular
Public Hearing held
N/A N/A session of the Legislative Assembly is scheduled to convene. The report must evaluate the effectiveness of the N/A
2/10/09 & Work
pilot program and examine the degree to which incentive payments can assist in reducing the costs of PV systems.
Session held 4/16/09.
No further activity.
Oregon
Leg. HB 3039 -
Introduced 3/9/09; The commission shall submit a report to the Legislative Assembly by January 1 of each odd-numbered year
Passed House 5/4/09; beginning in 2011. The report must evaluate the effectiveness of paying incentive rates under the pilot programs
To be recouped by distribution REC's bundled with electricity; Any REC produced by a generator greater in size
Passed Senate described in subsection (1) of this section compared to incentive rates described in subsection (9) of this section
companies than 500 kW will be multiplied by 2;
6/12/09; Reconciled for promoting the use of solar PV energy systems and reducing system costs. The report must also evaluate the
version signed 7/1/09. estimated cost of the program to retail electricity consumers.
Governor yet to sign
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 11 of 29
Transmission Interconnection &
Form of Action Rate Multipliers Regulatory or Legislative Reporting Requirement Interaction with State's RPS
Costs
Compliance with the long-term contract standard shall be demonstrated through
procurement pursuant to the provisions of a long-term contract of energy, capacity
Leg. SB 111
and attributes reflected in NE-GIS certificates relating to generating units certified
(Introduced 1/29/09) &
by the commission as using newly developed RE resources, as evidenced by
Rhode Island SB 487 (2/25/09). Not specified. N/A N/A
reports issued by the NE-GIS administrator and the terms of the contract; provided,
Ref'd both to Comm.
however, that the NE-GIS certificates were procured pursuant to the provisions of a
and each dead.
long-term contract. The electric distribution company also may purchase other
attributes from the generator as part of the long-term contract.
On or before January 15, 2011 and every second January 15 afterward, the board shall report to the house and
senate committees on natural resources and energy concerning the status of the FIT program under this section. In REC’s established under any SPEED projects to be obtained by VT utilities in the
Cost of interconnection to its report, the board at a minimum shall: (1) Assess the progress made toward attaining the cumulative statewide event an RPS comes into effect (except for REC’s arising from methane
Leg. H446 (2009). Bill
Vermont transmission may be passed along to N/A capacity ceiling; (2) If that cumulative statewide capacity ceiling has not been met, identify the barriers to attaining agricultural operations). REC's are to be apportioned to the retail utilities of the
passed into law 5/27/09
ratepayers. that ceiling and detail the board’s recommendations for overcoming such barriers; and (3) If that cumulative state on a pro rata share of the total amount of electricity sold in the preceding
statewide capacity has been met or is likely to be met within a year of the date of the board’s report, recommend year.
whether the FIT program should continue and, if so, whether there should be any modifications to the program.
Tariff may be multiplied in the following ways: (1) For
customer-generated electricity produced using solar
modules manufactured in Washington state, two and
Using existing sources of information, the department shall report to the house appropriations committee, the
four-tenths; and (2) For customer-generated electricity
house committee dealing with energy issues, the senate committee on ways and means, and the senate
Leg. HB 5101 (2005). produced using a solar or a wind generator equipped
committee dealing with energy issues by December 1, 2009. The report shall measure the impacts of this act, Nothing specifically stated to allow utility to acquire solar REC's produced by
Bill passed into law in N/A with an inverter manufactured in Washington state,
including the total number of solar energy system manufacturing companies in the state, any change in the number customers.
2005 one and two-tenths; (3) For electricity produced using
of solar energy system manufacturing companies in the state, and, where relevant, the effect on job creation, the
an anaerobic digester, by other solar equipment, or
number of jobs created for Washington residents, and such other factors as the department selects.
using a wind generator equipped with blades
manufactured in Washington state; and (4)For all
other electricity produced by wind: 0.8
Leg. HB 5111 (2005).
Bill passed into law in N/A N/A N/A N/A
2005
A qualifying utility must interconnect
an eligible distributed generator to the
utility's distribution system, beginning
6 months after the effective date of
Washington legislation,
implementing PPA rates. If the
Leg. HB 1086 -
qualifying utility refuses to connect an Within two years after the effective date of legislation that implements power purchase agreement rates, the UTC
Introduced 1/8/09.
eligible distributed generator to the and the Department shall report to the Governor and the Legislature, and every four years thereafter: (1) the
Substitute bill referred
utility's distribution system, the N/A number of new eligible distributed generators in the state, including the environmental effects of those generators; N/A
to General Government
qualifying utility is subject to a fine of (2) recommended legislation and changes to the distributed generation rates; and (3) implementation actions taken
Appropriations 2/20/09.
up to $100 a day. The costs by the UTC or the COU's.
Died at sine die
associated with the interconnection of
eligible RE generators must be
included in the non-bypassable
surcharge that is paid
by every customer of either an IOU or
a customer-owned utility.
Leg. SB 6170. Bill
passed 05/2009.
Effective 7/1/09.
N/A Same as SB 5101 Same as SB5101 N/A
Purpose of this bill is to
modify the program
established by SB 5101
Admin. PSC Docket 5-
EI-148 - Notice of
Investigation filed
Wisconsin
1/16/09 - In the
process of taking public
comments
Red = Passed Legislation; Blue = Dead Legislation; Green = Legislation in Progress; Yellow = Administrative Action
Note - where unable to definitively determine the death of a bill, the bill's status is kept as in progress (green). Likely bills kept as alive actually died at sine die adjournment.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 12 of 29
State Feed-in Tariff Programs
Form of Action Add'l Notes
Leg. HB 1851
(Introduced 2009) -
Arkansas
Died 5/1/09 at sine die
adjournment
Leg. SB 1969 - Passed
2006
Expanded the FIT for Edison and PG&E, by ordering each to submit
Admin. PUC Order 07-
separate tariffs for the purchase of eligible renewable generation from
07-027 (07/2007)
entities other than public water and wastewater agencies
In resolution E-4137, the cap was apportioned in the following manner:
Original 250MW program cap for water and wastewater facility projects
Leg. SB 380 - Passed
still in place. However, added capacity allocations for SCE and PG&E
(02/2008)
for non-water and non-wastewater facilities up to 228.44 MW
(123.84MW for SCE and 104.6MW for PG&E).
Leg. SB 32 - Requires the PUC to not order or otherwise require an electrical
Introduced 12/2/08. As corporation to implement a must-buy renewable FIT, except as provided
of 6/15/09 in to by the statute. Note CPUC opposed the 3MW cap in this bill due to the
Committees on U & C ongoing docket assessing the FIT size limitation. CPUC states the
and Nat Res. Amded agency is leaning toward a 10MW cap, as this project size would allow
6/2/09. Passed Senate easy project interconnection without costly upgrades and FERC
6/3/09 & referred to jurisdiction. CPUC also took issue with pricing instructions, stating the
California
Assembly. Amded Commission should be allowed flexibility in price setting to allow for
7/3/09 re-referred to development, but not overpaying. CPUC also asks for the latitude to
Nat Res Comm. move the 500MW cap up or down as necessary.
Leg. AB 1106 -
Introduced 2/27/009.
As of 6/11/09 ref'd to
Prior to this bill being amended, it passed the Assembly and was sent on
Comm. On E, U., and
to the Senate. However, as of 7-9-09 it is currently in Committee in the
C. Passed Assembly
Senate, and provided it passes the Senate, would be returned back tot
6/1/09 and sent to
eh Assembly for another vote. CPUC's position on the amended version
Senate. In Senate
of AB 1106 is to allow them additional flexibility in rate-setting, which if
Comm. Amended
done so, they was support.
6/25/09 & 7/15/09 and
re-referred to
Committee
Admin. PUC Docket
R0808009 - Currently
awaiting decision
(Briefs have been filed)
in response to SCE's
assertion that CPUC Purpose of this Docket is to assess the current FIT program and
may not have determine if the current program and project caps should be further
jurisdiction to set rates expanded.
above avoided costs
due to preemption
arising from the
Federal Power Act of
1978 and the PURPA.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 13 of 29
Form of Action Add'l Notes
Leg. SB 1196 -
Introduced 1/28/09 - Public Utilities are eligible to be an RE system owner & can be
Ref'd to Comm. compensated accordingly for any and all RE they generate.
1/30/09. Nothing further
Hawaii (a) 10/24/08 - Investigation commenced by HI PUC to examine the
implementation of FIT in the service territories of Hawaiian Electric
Company, Maui Electric Company, and Hawaii Electric Light Company;
(b) The investigation arose pursuant to the Hawaii Clean Energy
Admin. PUC Docket Initiative, a comprehensive agreement entered into between the state
2008-0273 - and IOU’s to accelerate the addition of new, clean resources on all
Proceedings currently islands; transition the IOU’s away from a model of increased electricity
in process, with PUC usage; and provide consumer assistance in reducing their electricity bills;
decision on FIT rates (c) A component of the Initiative was to implement FIT’s to encourage
dues 7/31/09. new development and accelerate the addition of RE from new sources;
and (d) Public Hearing Scheduled April 13-17, 2009; and (e) PUC
decision not expected until July 2009, with filing of proposed tariffs and
standard contracts September 1, 2009.
Leg. HB 5855 -
Illinois Introduced 2/15/08.
Dead bill.
Leg. HB 1622 -
Introduced 1/22/09.
Indiana Ref'd to Comm.
1/16/09. Failed due to
Adjournment.
This bill directs the Iowa power fund board to establish and administer a
Leg. HF 412 -
green energy zone program with the objective of identifying areas of the
Introduced 2/23/09.
Iowa state with maximum alternate and RE generation potential and applying
Ref'd to Comm. 3/3/09.
specialized regulatory requirements intended to promote alternate and
Nothing further
RE production, transmission, and distribution.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 14 of 29
Form of Action Add'l Notes
Leg. LD 1450 & HP
1006 (Introduced
2009). Bill died as of
Maine 5/21/09
Leg. LD 1075 -
instututed a C-BED.
See Bill for details.
Leg. HB 5218
Introduced 9/15/07.
Ref'd to Comm.
Michigan
9/15/07. & printed bill
filed 9/17/07. Nothing
further.
Leg. HF 932 -
An owner qualifying RE generator may not sell their interest in an RE
Introduced 2/19/09.
facility, unless sale is made to another qualifying owner and commission
Ref'd to Energy
Minnesota gives approval. RE equalization account is established for the purpose
Finance & Policy
of equalizing expenditures made under the tariff on a per-kWh basis
Division 5/22/09.
across all electric utilities in the state.
Nothing further.
Purpose: To direct the interim committee assigned to address water and
Leg. HM 87 -
natural resources issues to hear testimony on the possible benefits of
New Mexico Introduced 3/9/09.
enacting
Dead Bill.
a FIT in New Mexico.
Leg. A187 & S2715 -
Introduced 2009 - Each
ref'd to Comm. - A187 Note - A187 & S2715 each released within 1 month f each other and are
1/7/09 & S2715 nearly identical. This synopsis breaks S2715 down.
2/27/09. Nothing
further.
New York Leg. S2715A -
Amended S2715 and
recommitted to
Telecommunications &
Energy Committee
6/8/09
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 15 of 29
New York
Form of Action Add'l Notes
Leg. A08679 -
Introduced 6/3/09 &
referred to Committee
thereafter.
The Public Utility Commission shall develop from existing resources a
Legis. HB 2121 -
pilot program to demonstrate the feasibility of integrating up to 17
Introduced 1/15/09;
megawatts of electricity generated from solar power into the energy
Public Hearing held
resources available in this state to retail electricity consumers. In
2/10/09 & Work
comments related to the purpose of HB 2121, the intention was for the
Session held 4/16/09.
program to be a PBI centered on cost-of-production (though the
No further activity.
language of the statute does not specifically state as much).
Oregon
Leg. HB 3039 -
Introduced 3/9/09;
Passed House 5/4/09;
Passed Senate
6/12/09; Reconciled
version signed 7/1/09.
Governor yet to sign
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 16 of 29
Form of Action Add'l Notes
Leg. SB 111
(Introduced 1/29/09) &
Note - SB487 & SB111 were introduced within 1 month of each other
Rhode Island SB 487 (2/25/09).
and are extremely similar. This synopsis will discuss SB487.
Ref'd both to Comm.
and each dead.
Leg. H446 (2009). Bill
Vermont
passed into law 5/27/09
Leg. HB 5101 (2005).
Bill passed into law in
2005
Leg. HB 5111 (2005).
SB 5111's purpose is to spur development of WA-produced solar
Bill passed into law in
inverters and modules.
2005
Washington
Leg. HB 1086 -
Introduced 1/8/09.
Substitute bill referred
to General Government
Appropriations 2/20/09.
Died at sine die
Leg. SB 6170. Bill
passed 05/2009.
Effective 7/1/09.
Current version on incentive credit program ends as of 6/30/2020
Purpose of this bill is to
modify the program
established by SB 5101
Admin. PSC Docket 5-
Notice of Investigation filed 1/16/09 to expand the availability and use of
EI-148 - Notice of
advanced renewable tariffs (FIT’s) & promote greater uniformity in their
Investigation filed
Wisconsin use.
1/16/09 - In the
Previously a voluntary program w/ in the state w/ Commission approval.
process of taking public
comments
Red = Passed Legislation; Blue = Dead Legislation; Green = Legislation in Progress; Yellow = Administrative Action
Note - where unable to definitively determine the death of a bill, the bill's status is kept as in progress (green). Likely bills kept as alive actually died at sine die adjournment.
Red = Passed Legislation
Blue = Dead Legislation
Green = Legislation in Progress
Yellow = Administrative Action Page 17 of 29
Municipal Solar Feed-in Tariff Programs
Renewable Energy Purchase Agreement Transmission
Current Status Solar Rate Structure Tariff Review & Adjustment Program & Project Caps
Technologies Affected Requirements Interconnection & Costs
For 2009-10:
2nd meter to be provided
- $.32 Building or Pavement Mounted
5% annual tariff reduction starting in by municipal utility. Meter
Gainesville, FL FIT became active 3/1/09 Solar PV - $.32 Ground Mounted < 25kW 4 MW Program Cap PPAs for 20 year term
2011 reading fee charged by
- $.26 Free Standing > 25 kW
utility.
Would allow the city third-party developers to install solar PV
systems on municipally owned property. These party would sell the
power directly to the municipal utility. The third party owners would
Measure B defeated Program Goal of 150MW
Los Angeles, CA Solar PV benefit from ITCs and other incentives (such as accelerates
03/2009 by 2016
depreciation), and once these are exhausted an option would be
available for either the site owner or the city to purchase the PV
system. Specific rate structure not disclosed.
Program would be subject to biannual
review to determine if rate and
standard offer contract are suitable. In
its biannual review, the commission
shall consider the success of the solar
feed-in tariff in encouraging the
Legis. AB432, introduced,
installation of solar energy systems and
2/24/09. Withdrawn
any adjustments that should be made 20 year term. Commission
4/20/09 at author's request Would have established a solar FIT pilot program in Palm Desert.
Palm Desert, CA Solar PV to reflect actual average system costs None stated approved standard offer Not Stated
due to utility opposition and Rate structure to be determined by CA PUC
and production of each type and size contract.
already established state
and location of solar energy systems,
FIT program.
inflation, interest rates, a determination
of what is a
reasonable and reliable return of
investment, and the rates paid by
ratepayers of the electrical corporation
for electric service.
Red = Passed Municipal Action Blue = Defeated Municipal Action Page 18 of 29
Municipal Solar Feed-in Tariff Programs
Regulatory or Legislative
Renewable Energy Credits Rate Multipliers Additional Incentive Programs Add'l Notes
Reporting Requirement
Solar Rebate Program:
- Solar Powered Water Heater – up to $500
rebate
- Residential Rebate – max $7,500 total
rebate
1. $1.50/W for solar window of 85% or
greater
Turned over to municipal
Gainesville, FL None None 2. $1.15/W for solar window of 70% to 84%
utility
3. No rebate for solar window 69% or lower
4. Total Watts rebated by GRU will be
calculated by the following formula:
(PTC rating for each module*) X (number of
modules) X (Inverter Efficiency**) = AC
Watts of the system.
Los Angeles, CA
CPUC to report to the
Governor and legislature
each Jan. 31st of an even
numbered year:
- Number of RE systems; -
Amt of delivered electricity;
Credits accrued per kWh of - action taken by CPUC to
electricity produced to be implement FIT; -
Palm Desert, CA None None attached with this.
turned over to SCE (the Revisions made to account
incumbent utility). for inflation, tech changes,
changes in costs to PV
generation of electricity;
-Impact of pilot program -
Recommended changes; -
Expansion
recommendations.
Red = Passed Municipal Action Blue = Defeated Municipal Action Page 19 of 29
Utility Solar Feed-in Tariff & Performance Based Incentive Programs
Purchase
State Resource Price ($/kWh) Contract Term (years) REC's Notes on Program
Requirement
CA piloted a PBI for PV in which commercial customers were
Stay with RE
Madison Gas CA Solar PV 0.5 3 Net Metering offered 3-year, $.50/kWh incentives in lieu of the standard statewide
generator
rebate cash rebate. Program was funded through CA PBF.
New Participants in Program receive 1 $1000 incentive to offset
AL; GA; KY; Solar PV (also wind, low-
TVA - GreenPower Switch Transfer to upfront costs of system. The installed capacity goal for the entire
MS; NC; TN; impact hydropower, and 0.12 above the retail rate At least 10 Net Metering
Generation Partners Program utility program is 200 MW. Installations must have a minimum output of
VA biomass)
500 MW and max output of 999 kW.
Depends upon amount System limit of 40 kW. Payments for green energy are based on
Austin Public Utilities - Solar Transfer to
MN Solar PV purchased by utility's base - Not stated Net Metering the total amount produced by system, not just the amount exported
Choice Program utility
Max of $1.00 to grid.
Max System size 10kW. REC purchase payments will be appear
El Paso Electric Company -Small as a credit on the customer's monthly bill. Any credit balance up to
Transfer to
System Renewable Energy NM Solar PV 0.13 12 Net Metering $30.00 will be applied to the following month's bill. Once the rolling
Utility
Certificate Purchase Program credit exceeds $30.00 a direct payment will be made to the
customer.
New Systems: 0.5 kW- New Systems: 0.5 kW
100.0 kW: $0.20 per kWh; 10kW: 14 yr. contract;
Existing System: Existing Systems: 10.1
Xcel Energy Solar Rewards Transfer to Offer for payments to systems 0.5 kW-100 kW existing prior to
NM Solar PV $0.10/kWh; kW-100.0 kW: 10 yr. Net Metering
Program utility 2/9/09 is temporary.
Systems 100.1 kW-2 MW : contract;
determined through RFP Systems 100.1 kW- 2
process MW: competitive
PV systems in NM receive a triple RPS credit multiplier for their
output. PNM, a NM investor owned utility, is purchasing REC's
Transfer to
PNM Customer Solar Program NM Solar PV 0.13 Through 2018 Net Metering from customers at a fixed price of $.13/kWh through 2018 in order
utility
to meet their state RPS obligation. Customers retain the right to net
meter.
Only projects larger than 10 kW are eligible for PBI. If generator
RE generator
elects to net meter they are eligible for a rebate: (1) residential
10 (subject to annual can choose Transfer to
Eugene Water & Electric Board OR Solar PV 0.12 (.15 prior to 1/25/08) customers $2.00 per watt-AC, with a maximum incentive of
review) whether to net utility
$10,000; (2) commercial customers $1.00 per watt-AC, with a
meter
maximum incentive of $25,000.
Generators
Green Mountain Power Solar
VT Solar PV 0.06 Not stated Net Metering retain 250 kW system cap.
GMP
ownership
2002: $1.50/kWh
PV, Landfill Gas, Wind, 2003: $1.20/kWh Systems up to 25 kilowatts (kW) are eligible for SNAP funds. Larger
Chelan County PUD - Sustainable Biomass, Geothermal 2004: $0.74/kWh systems can participate but will only receive SNAP funds for the first
Transfer to
Natural Alternative Power WA Electric, Small 2005: $0.46/kWh Not stated Net Metering 25 kW of installed capacity. The greater amount of purchasers the
utility
Producers Program Hydroelectric, Tidal 2006: $0.25/kWh more paid per kWh. Through 2008, there were 42 PV generators w/
Energy, Wave Energy 2007: $0.21/kWh a combined capacity of 80 kW.
2008: $0.25/kWh
Transfer to Projects must be 1-10 kW, with an overall program size cap of
Madison Gas & Electric WI Solar PV 0.25 10 Unknown
utility 300kW
100%
River Falls Municipal Utilities - Transfer to 4 kW project cap & 10 kW program cap (may be increased to 30
WI Solar PV 0.3 10 purchased by
Distributed Solar Tariff utility kW). $1/month metering charge
utility
100% WE Energies, a WI investor-owned utility, offers a 10-year fixed
WE Energies Solar Buy-Back Transfer to
WI Solar PV 0.225 10 purchased by price contract of $.225/kWh for 100% of electricity and all REC's
Rate Program utility
utility from an individuals solar PV system. Program cap of 1MW
Page 20 of 29
Purchase
State Resource Price ($/kWh) Contract Term (years) REC's Notes on Program
Requirement
Solar Thermal, PV, Program cap of 683 kW. Solar participants in this program are
Landfill Gas, Wind, required to enroll as purchasers in the Second Nature green pricing
Wisconsin Power and Light $0.25/kilowatt-hour (kWh) 100%
Biomass, Geothermal, Transfer to program, which charges a premium of between 0.5 and 2.0
(Alliant Energy) - Advanced WI for systems of 1 kW - 20 10 purchased by
Anaerobic Digestion, utility cents/kWh depending on the level of participation. Customers with
Renewables Tariff kW utility
Small Hydro, Tidal, systems of 200 kW or less must pay a fixed charge of $0.4176 per
Wave, Fuel Cells day ($152 per year)
100%
Wisconsin Public Service
purchased and Transfer to Project size 1-20 kW & Program cap at 300 kW. Systems
Corporation - Solar Buyback WI Solar PV 0.25 Up to 10 years
exported to utility applications taken on a first-come first-served basis.
Tariff
utility
Page 21 of 29
Non-PBI State and Local Solar Incentive Programs
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
Provides a tax credit for non-residential commercial and industrial application, including those
already tax exempt. Credit applies to third party installers and manufacturers, not just those that
orginally financed system. Credit is equal to 10% of the installed cost of a qualifying solar energy
Non-Residential Solar device, defined as "“a system or series of mechanisms designed primarily to provide heating, to UP to $25,000 per building or $50,000 in total
Tax Credit (2006) - Corporate Tax provide cooling, to produce electrical power, to produce mechanical power, to provide solar credits in the same year. If allowable credit
A.R.S. §43-1085 & §43- Credit daylighting or to provide any combination of the foregoing by means of collecting and transferring exceeds tax liability, then the excess can be
1164 solar generated energy into such uses either by active or passive means, including wind generator carried forward up to 5 years.
systems that produce electricity. Solar energy systems may also have the capability of storing solar
energy for future use. Passive systems shall clearly be designed as a solar energy device, such as
a trombe wall, and not merely as a part of a normal structure, such as a window.”
Residential Solar Energy The credit may be 25% of the cost of a solar
Residential Tax Provides a tax credit for individual taxpayers who install a solar energy device at the AZ's taxpayer's
System State Tax Credit - or wind energy device, with a $1,000
Credit residence.
A.R.S. § 43-1083 maximum allowable limit.
Renewable energy equipment owned by utilities and other entities operating in AZ is assessed at
20% of its depreciated cost for the purpose of determining property tax. "Renewable energy
equipment" is defined as "electric generation facilities, electric transmission, electric distribution,
State Property Tax
gas distribution or combination gas and electric transmission and distribution and transmission and
Assessment for RE Property Tax
distribution cooperative property that is located in this state, that is used or useful for the None
Property - A.R.S. §42- Assessment
generation, storage, transmission or distribution of electric power, energy or fuel derived from
14155 (2008)
solar... not intended for self-consumption, including materials and supplies and construction work in
progress, but excluding licensed vehicles and property valued under sections 42-14154 and 42-
5% by 2015, At least 30% 14156."
State Property Tax with 1% of portfolio Applies to “solar energy devices and any other device or system designed for the production of
Property Tax annual must be DG
Arizona Exemption - A.R.S. §42- 2.1 6.4 25.3 solar energy for on-site consumption.” For property tax assessment purposes, these devices are None
Exemption increases (4.5% of
11054 (2006) considered to add no value to the property.
until 2025 state load)
Arizona provides a sales tax exemption* for the retail sale of solar energy devices and for
State Sales Tax (15% floor) by 2012
Sales Tax installation of solar energy devices by contractors. To take advantage of these exemptions from
Exemption - A.R.S. §42- None
Exemption tax, a solar energy retailer or a solar energy contractor must register with the Arizona Department
5075(14) (1997)
of Revenue prior to selling or installing solar energy devices.
The Arizona Corporation Commission requires electric utilities to conduct a cost/benefit analysis to
State Line Extension compare the cost of line extension with the cost of installing of a stand-alone photovoltaic (PV)
Analysis for PV - PUC Line Extension system for remote locations with electricity needs. This ruling applies to Arizona Public Service
Decisions 58643 & 58873 Analysis (APS),* Tucson Electric Power (TEP), Arizona Electric Power Cooperative and Navopache Electric
(1994) Cooperative.
Arizona law protects individual homeowners’ private property rights to solar access by dissolving
State Solar Energy
Solar Access any local covenant, restriction or condition attached to a property deed that restricts the use of
Covenant Restrictions -
Law/Guideline solar energy.
A.R.S. §34-439 (2007)
City of Tucson Permit Department of Development Services will credit the amount paid by an applicant for a building
$100,000 worth of credits for new buildings &
Fee Credit for Solar Permit Fee permit up to a maximum of $1,000 for the installation of a qualifying solar energy system
$100,000 worth of credits for existing
Energy Systems - Credit installation, or the actual amount of the permit fee, whichever is less. To qualify, proposed system
buildings.
Resolution 20193 (2005) must be capable of displacing 1,500 kWh's per year at the site.
Requires all new single-family homes and duplexes in Tucson to be solar ready. The ordinance
City of Tucson Solar requires all new homes to either have a photovoltaic (PV) and solar water heating system installed
Design for Homes Building Energy or to have all the necessary hardware installed so that a system can easily be installed at a later
Requirement - Ordinance Code date. These requirements may be waived if it can be demonstrated to the building official that
10549 (2008) compliance is not practical due to shading, building orientation, construction constraints, or the
configuration of the parcel of land.
Page 22 of 29
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
CSI provides $3.2 billion in incentives for solar-energy projects for customers of PG&E, SCE, and
SDG&E w/ objective of installing 3,000MW of solar capacity by 2016. To qualify, must be an At least 226 MW of solar
State Rebate or existing residential property or a new or existing commercial, industrial, or agricultural property. Up have been installed under
California Solar Initiative -
Production front rebate or PBI for systems less than 50 kW, adjusted based on expected performance, type of the CSI. Pending
SB 1 (2006) - See CSI $2.2 billion program
Incentive structure system installed upon, and amount of solar already installed by the IOU. Solar systems applications, along with
Handbook (2009)
Program more than 50 kW must take PBI, which is based on same factors. As of 1/1/10, all systems greater already installed, exceed
than 30kW must take PBI . Non-PV solar technologies, such as solar forced air heating, solar 373 MW in capacity.
cooling or air condition, qualify for CSI incentives (See 2009 Handbook).
Track 1 provides an incentive of $3.30/W for PV systems that serve common area loads, and
$4.00/W for PV systems serving tenant loads. These incentive amounts are based on expected
CSI Multi-Family
performance. Incentives are awarded to owners or operators of existing multifamily affordable
Affordable Solar Housing
State Rebate housing that meets the definition of low-income residential housing in Pub. Util. Code § 2852.8. In
(MASH) Program - SB Program Cap $108 million through 1/1/2016
Program general, a multifamily housing complex fits the definition if it is financed with low-income housing
(2006); CPUC Decision
tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state or federal
08-10-036 (2008)
loans or grants. As of March 2009, Track 2 incentives are still being developed, but the three
program administrators are now accepting applications for Track 1 incentives.
Allows a property tax exclusion for certain types of solar energy systems installed between January
1, 1999, and December 31, 2016. Qualifying active solar energy systems are defined as those that
State Property Tax
"are thermally isolated from living space or any other area where the energy is used, to provide for
Exclusion for Solar
Property Tax the collection, storage, or distribution of solar energy." These include solar space conditioning
Energy Systems -
Exemption systems, solar water heating systems, active solar energy systems, solar process heating systems,
Cal.Rev. & Tax Code §
photovoltaic (PV) systems, and solar thermal electric systems, and solar mechanical energy. Solar
73 (2008)
pool heating systems and solar hot-tub-heating systems are not eligible. Dual-use equipment is
excluded for 75% of value.
10-year, $400 million program to encourage solar in new homes by working with builders and
developers to incorporate into the homes high levels of energy efficiency and high-performing solar
systems. The NSHP specifically targets the market-rate and affordable housing single-family and
CEC New Solar Homes multifamily sectors, with the goal of achieving 400 MW of installed solar electric capacity on new
State Rebate
Partnership - See NSHP homes, and to have solar electric systems on 50% of all new homes built in California by the end of $400 million program
Program
Guidebook (2008) 2016. Incentives are based on housing type and the expected performance of the system. 4
20% by 2010 different incentive levels, depending on the size (number of houses), type of house (custom vs.
California w/ a goal of No 87.1 178.6 530.1 affordable), and location of system (e.g. common area) of a builder's overall housing project. All
33% by 2020 incentives decline as specific MW targets are achieved.
State Solar Rights Act -
CA Civil Code §714
Enacted in 1978, the Act bars restrictions by homeowners associations (HOAs) on the installation
(1978); CA Health and
Solar Access of solar-energy systems, but originally did not specifically apply to cities, counties, municipalities or
Safety Code §17959.1
Law other public entities. The Act was amended again in September 2004 by extending its prohibition
(2005); and CA
on restrictions to all public entities.
Government Code
§65850.5 (2008)
SMUD Residential Solar Municipal Utility Sacramento Municipal Utility District's program provides 100% loan financing over a 10-year period
Program Loan Program w/ 8.5% financing. PV systems must be installed by a SMUD-approved PV contractor.
The program allows property owners in Palm Desert to borrow money from the city for energy
projects at their home or facility, and to repay those loans through increased property taxes. EIP The program was started using $2.5 million
City Palm Desert Energy
Local Loan loans do not require a down payment and the interest rate initially will not exceed 10%. Loans are from the city's general fund for Phases I & II.
Independence Program -
Program available to all owners of real improved property, but $1.25 million of the initial funding was Phase III will consist of an additional $2.5
Resolution 08-89 (2008)
reserved for owners of residential property. Loans can be used to fund solar installations and a million obtained through lease revenue bonds
wide range of efficiency projects in existing buildings, not new construction.
City of Palo Alto Utilities (CPAU) currently purchases SRECs to meet the demand for the solar
As of June 2009, CPAU is
portion of their retail green power program. PaloAltoGreen is a voluntary program through which
purchasing SRECs from a
CPAU customers can support renewable energy development by paying an extra 1.5 cents per
Current demand for the solar portion of 906 kW PV rooftop
City of Palo Alto Solar RE kilowatt-hour (kWh) for their electricity needs. CPAU then uses this money to purchase wind and
Production PaloAltoGreen is approx $60,000, expected system in Roche Palo
Credit Purchase Program solar power Renewable Energy Credits, or directly install city-owned systems. CPAU currently
Incentive to increase to $120,000 overall or more per Alto which generates up
- Resolution 8773 (2007) pays $50/MWh for SRECs and prices are expected to vary between $30/MWh and $150/MWh in
year in the next 3-5 years to 1.4 million kilowatt
the future. The price that CPAU will offer their local customers will be at or below these expected
hours in electricity each
costs. contracts not exceed 20 years, nor exceed $600,000 in total amount. Initially, projects must
year.
exceed 100kW to be considered.
The FIRST Program will provide financing up
City of Berkely's Allows property owners to borrow money from the city's Sustainable Energy Financing District to
to $37,500 per installation for either
Financing Initiative for Local Loan install photovoltaic (PV) systems and repay the cost over 20 years through an annual special tax on
residential or commercial properties. The
Renewable and Solar Program property tax bills. If the owner moves out of their house during the 20 year repayment period, the
effective rate is approximately 7.75% as of
Tech (SOLAR) - property tax assessment and the PV system run with the property.
December 26, 2008
Page 23 of 29
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
Allows homeowners to lease a photovoltaic (PV) system, with fixed monthly payments, for a term of
20 years. This program, which takes advantage of federal tax credits for solar energy, is available
to owners of one- to four-family homes with a household income not greater than 200% of the
area's median income. No down-payment is required. All electricity generated by a leased PV
CT Clean Energy Fund system reduces the homeowner's electric bill. At the end of the 15th year, the homeowner may (1)
Leasing/Lease
("CCEF") Solar Lease buy the system at a reduced cost, (2) extend the lease for another five years at a reduced monthly $38.6 million
Purchase
Program (2008) payment, or (3) remove the system -- at the homeowner's expense -- and return the system to the
program operator. At the end of the full 20 year term, the homeowner would have options (1) and
(3) above. If a participating homeowner decides to sell the home, the lease must be assumed by
the new homeowner, or the initial homeowner must continue to abide by the terms of the lease.
The CCEF aims to support 1,000 PV installations through 2011.
Property Tax Exemption Provides a property tax exemption for Class I RE systems (which includes solar power) that
Property Tax
for RE Systems - Conn. generate electricity for private residential use. System must have been installed on 10/1/07 or
Exemption
Gen. Stat. § 12-81 after.
Sales & Use Tax
Exemption for Solar & Establishes a sales and use tax exemption for solar energy equipment and geothermal heat pumps.
Sales Tax
Geothermal Systems - The exemption includes equipment related to eligible systems, and sales of services relating to the
Exemption 27% of
Conn. Gen. Stat. § 12- installation of eligible systems. The exemption has no expiration date.
412 (2007) overall load
by 2020,
divided into 3 Provides grants to support the installation of systems that generate electricity at commercial,
categories - industrial and institutional buildings. The maximum individual project award is $4 million, with the
20% Cat. I exception of PV-only projects (limited to $850,000 per project). In addition, grants of up to $50,000
(including per installation are available to support site-specific technical studies and financial feasibility
solar, wind, studies. The actual grant amount will be determined by an assessment of the difference between
CCEF On-site State Grant fuel cell, tidal, $42.5 million budget; 200 kW project cap for
the host site's cost of energy that would be displaced by the proposed on-site generating
Renewable DG Program Program landfill gas, PV
Solar equipment, and the total cost and value of the energy provided by the DG system. Solar incentives
ocean range from $3.50/W to $4.75/W, depending on applicant type, system size and LEED certification;
included in
Connecticut thermal, 1.8 5.3 8.8 20-year evaluation timeframe. PV projects are limited (in kW-AC) to the difference between a
Category I
hydro < 5MW, facility's most recent 12 months' peak demand and the “base load. CCEF takes ownership of
technologies
and biomass); REC's from PV projects.
3% Cat I or
Cat II (certain
biomass, Requires the state's two electric distribution companies -- CL&P and UI -- to enter into long-term
trash-to- electricity purchase agreements to obtain at least 150 megawatts (MW) of Class I (which includes
CCEF Project 150 energy, older
State Grant RE) energy. Pricing under these contracts includes a premium of up to 5.5¢ per kilowatt-hour
Initiative - Conn. Gen. river hydro) Minimum grant of $50,000 per project
Program (kWh). Legislation required that long-term electricity-purchase contracts be in place by October 1,
Stat. § 16-244c by 2010; and 2008, and must arise from projects that also receive funding from the CCEF. Projects must have an
4% Cat. III aggregated capacity of at least 1 MW and must have begun operation after July 1, 2003.
(CHP)
Financing is available for customer-side projects with a minimum capacity of 50kW and a maximum
capacity of 65MW. The generator must have begun operation after January 1, 2006. New or
Low-Interest Loans for
incremental capacity is eligible for financing. Existing capacity is not eligible. Financing is available
Customer-Side DG - State Loan
to the owner or owners of a qualified project. Financing is available to customers of Connecticut $150 million budget
Conn. Gen Stat. § 16- Program
Light and Power (CL&P) and United Illuminating (UI) for projects located in these utilities' service
243j (2005)
territories. Financing is available for projects funded by the Connecticut Clean Energy Fund
(CCEF), and CL&P’s and UI’s energy-conservation programs.
The rebate level for residential systems is $4/watt (W) (PTC rating)* for the first five kilowatts (kW)
$32,500 cap for residential projects; $47,500
CCEF Solar PV Rebate State Rebate and $2.50 for the next five kW, with the payment adjusted based on expected system performance.
cap for governmental and non-profit
Program (2004) Program Governmental and non-profit installations are eligible for a $4.75/W (PTC) rebate, adjusted based
installations. $11.5 budget for entire program
on expected system performance. Businesses are not eligible for rebates under this program.
CT Green Power In April 2004, Connecticut's governor signed an executive order directing state-government Goal for state government to use Class I
Green Power
Purchasing Plan - agencies and universities to purchase an increasing amount of electricity generated by renewable renewables in the following amounts: (1)
Purchasing/
Executive Order 32 resources. Under terms of the order, the state government has a goal to increase "Class I" (solar is 20% of electricity used in 2010; (2) 50% in
Aggregation
(2004) Class I) RE purchases to 20% of electricity used in 2010, 50% in 2020 and 100% in 2050. 2020; (3) and 100% in 2050
Page 24 of 29
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
For PV, the maximum allowable credits are
as follows: (1) Single family residential
Solar and Wind Energy property is eligible for a credit of 35% of the
Credit (Corporate & Personal & Allows individuals or corporations to claim an income tax credit of 20% of the cost of equipment actual cost or $5,000, whichever is less; (2)
Personal) - HRS §234- Corporate Tax and installation of a wind system and 35% of the cost of equipment and installation of a solar Multi-family residential property is eligible for
12.5 (Enacted 1990; Credit thermal or PV. No credits for solar water heating installations. a credit of 35% of the actual cost or $350 per
Amended 2003) unit, whichever is less; and (3) Commercial
property is eligible for a credit of 35% of the
actual cost or $500,000, whichever is less.
Farmers and aquaculturists may receive loans for projects involving photovoltaic (PV) energy,
hydroelectric power, wind power generation, methane generation, bio-diesel and ethanol
Farm and Aquaculture production. Loans may provide up to 85% of the project cost (up to a maximum of $1,500,000) for
State Loan
Alternative Energy Loan - a term of up to forty years. To be eligible, the applicant must be a qualified farmer or aquaculturist $1,500,000 Project Cap
Program
HRS §155-8 (2008) with a sound credit rating and the ability to repay the loan, as determined by the Department of
Agriculture. These renewable energy loans fall into class "H" which carries a 3% interest rate for
agriculture; 5% for aquaculture.
10% by 2010; Requires solar water-heating (SWH) systems to be installed on all single-family new home
Hawaii 15% by 2015; None 2.4 11.3 15.8 construction, with a few exceptions. Variances may be issued where: (1) Installation is
20% by 2020 impracticable due to poor solar resource; (2) Installation is cost-prohibitive based upon a life cycle
Solar Water Heating
CBA that incorporates the average residential utility bill and the cost of the new SWH system with a
Requirement for New Building Energy
life cycle that does not exceed 15 years; (3) A substitute renewable energy technology system is
Residential Construction - Code
used as the primary energy source for heating water; or (4) A demand water heater device
SB 644 (2008)
approved by UL is installed; provided that at least one other gas appliance is installed in the
dwelling. (A "demand water heater" means a gas-tankless instantaneous water heater that provides
hot water only as it is needed.)
Hawaii law prohibits the creation of any covenant or restriction contained in any document
Prohibition of Covenant
Solar Access restricting the installation or use of a solar energy system on a residential dwelling or townhouse.
Restrictions - HRS §196-
Law Furthermore, Hawaii requires homeowners associations to adopt rules that provide for the
7
placement of solar energy systems and do not unreasonably restrict the placement.
City of Honolulu Solar The maximum loan is $80,000 for each
The program offers low-interest loans (0% or 2%) to income-qualified homeowners on Oahu for the
Roofs Initiative Loan Local Loan dwelling unit for owner-occupied properties,
installation of solar water heating systems through the City's Rehabilitation Loan Program. The low-
Program (Solar Water Program up to four dwelling units and not to exceed
interest loans are available for single-family homes, condominiums, and co-ops.
Heating) $125,000 per property.
Resident homeowners with existing electric water heaters are eligible, and must provide a down
Maui County Solar Roofs Local Loan payment equal to 35% of the system cost after MECO’s (Municipal utility) rebate. This program
Program has a funded total of $700,000.
Initiative Loan Program Program can be used in conjunction with the utility's $1,000 rebate for installations of solar water heating
equipment
New or expanded businesses in Nevada may apply to the Commission on Economic Development
to qualify for property tax abatement of up to 55% for up to 20 years for real and personal property
RE Producers Property
Property Tax for generating electricity from renewable energy resources or for the production of an energy
Tax Abatement - NRS 10MW minimum project size
Abatement storage device. The generation facility must have a capacity of at least 10 MW and use biomass*,
§701A.220 (1997)
solar, or wind resources as its primary source of energy. The business must also meet capital
expenditure, employee compensation, and other requirements to be eligible for the incentive.
Any value added by a qualified renewable energy system shall be subtracted from the assessed
RE Systems Property Tax value of any residential, commercial or industrial building for property tax purposes. Qualified
Property Tax
Exemption - NRS § equipment includes solar, wind, geothermal, solid waste and hydroelectric systems used to heat or
Exemption
701A.200 (1975) cool a building, heat or cool water used by a building, or generate electricity used by the building.
This exemption applies for all years following installation
New or expanded businesses in Nevada may apply to the Commission on Economic Development
RE Sales and Use Tax
Sales Tax 5% of to qualify for a sales and use tax abatement for qualifying renewable energy technologies. The
Abatement - NRS Project minimum 10MW in size
Exemption portfolio amount of taxes abated can be everything above 0.6% for a period of 3 years (starting in 2009),
701A.230 (2009)
must be then back to 2%.
6% starting in solar
2005, through Therefore maximum incentive for solar
Nevada 14.6 14.9 34.2 installations for 2010-11 program year: (1)
increasing to 2015,
NV Energy Renewable 25% by 2025 increasing Solar (2010-2011 program year): Schools and public and other property, including non-profits and Public and other property, including non-
State Rebate
Generations Rebate to 6% in churches: $4.20/W; residential and small business property: $2.10/W profits and churches is 760 kW - $126,000;
Program
Program - NRS 701B.010 2016 and (2) Schools 2,000 kW - $210,000; (3)
thereafter Residential 1MW: $10,500; and (4) Small
business property 1MW: $63,000
Nevada's general statutes provide owners of solar and wind energy systems protection against
restrictions that would otherwise prevent them from installing these systems on their property. NRS
§ 111.239 and 278.0208 disallow the adoption of any covenant, deed, contract, ordinance or other
Solar and Wind Access legal instrument which affects the transfer or sale of real property that unreasonably restrict a
Law - NRS § 111.370; landowner from installing solar or wind energy systems on their land. The law further states that
Solar Access
NRS § 111.239; NRS § any existing covenant, deed, contract or other legal instrument that unreasonably restrict a
Law
278.0208; NRS § landowner from installing solar or wind energy systems on their land is void and unenforceable.
116.21111 (2009) Solar and wind systems are also protected from siting restrictions that would "significantly decrease
the efficiency or performance of the system and not allow for the use of an alternative system at a
comparable cost and with comparable efficiency and performance." SB 114 of May 2009 clarified
that a 10% decrease in performance is considered a "significant decrease" for a solar system.
Page 25 of 29
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
Effective in June 2008, the SACP is
determined according to an eight-year
NJ is attempting to transition away
schedule. Each year the BPU will review the
from a state-funded rebate
SACP and add one additional year to the
All electric suppliers must use the SREC program to comply with the RPS. New Jersey’s on-line program to a market-based
back end of the schedule. The initial eight March 2009 the weighted
marketplace for trading SRECs is the first such operation in the world. The price of SRECs is incentive program relying
year schedule (June - May reporting year) is average price of 2009
determined primarily by their market availability and the price of the Solar Alternative Compliance predominantly on SRECs.
as follows: SRECs was
Payment (SACP) for the state RPS. The SACP is effectively a ceiling on the value of SRECs Additionally, they are looking into
NJ BPU Solar RE Reporting Year SACP($/MWh) approximately $467/MWh
because it is the per MWh payment that electricity suppliers must make if they fail to obtain enough the following models to
Certificates (SRECs) - 2008-2009 $711 ($0.47/kWh), with some
SRECs to cover their RPS obligation. Solar facilities have a 15-year "qualification life", meaning supplement or replace the current
N.J. Stat. 48:3-87; Production 2009-2010 $693 trades as high as
that they are eligible to generate SRECs for 15 years after they connected to the grid. For systems SREC market: (1) Standard
NNJAC 14:8-2.2; NJ BPU Incentive 2010-2011 $675 $680/MWh. Additionally,
smaller than 10 kW an engineering estimate is used monthly to determine the total number of Contract Model; (2) Commodity
Solar Transition Order 2011-2012 $658 as of 2009, 3490 solar
kWh's the system will produce. An owner of a system with less than 10 kW may opt out of Market Model; and (3) Underwriter
(2007) 2012-2013 $641 systems have been
estimated readings for an actual reading option, but if they opt out they may not switch back to Model - State would provide
2013-2014 $625 registered in this system
estimated readings. Whereas, for a systems larger than 10 kW's in size, they must upload their security to SREC sellers by
2014-2015 $609 totaling in 63 MW of solar
monthly meter readings, which are then transformed into the corresponding number of credits offering a 15 year put option
2015-2016 $594 installation capacity.
earned. guarantee with a strike price set at
The price for an SREC is expected to
a fraction of the ACP, to be funded
average approximately $100 per MWh lower
by actual ACP payments.
than the SACP during a given year, although
actual prices will vary with market demand.
Exempts RE systems used to meet on-site electricity, heating, cooling, or general energy needs
Property Tax Exemption
Property Tax from local property taxes. (There is not a state component to property taxes in New Jersey). The
for RE Systems - SB 241
Exemption 0.16% of exemption may be claimed for all qualified systems installed on residential, commercial, industrial,
(2008)
total load or mixed use buildings as accessory uses.
Solar Energy Sales Tax from solar a full exemption from the state's sales tax (currently 7%) for all solar energy equipment. This
Sales Tax
Exemption - N.J. Stat § by 2009; exemption is available to all taxpayers. All major types solar energy equipment, including
Exemption
54:32B-8.33 (2008) 22.5% by 2.12% of equipment for passive solar design, are considered eligible for the exemption.
New Jersey 16.4 22.5 70.2
2021 overall load
from solar
2009 PV incentive levels: (1) Standard Residential (10 kW max): $1.55 per watt; (2) Residential
by 2021 -
w/energy audit (10 kW max): $1.75/W; (3) Non-residential (50 kW max): $1.00/W; and (4) NJ-
estimated at
Sourced Bonus: $0.25/W for projects that use systems or components manufactured or assembled
2300MW
Customer-Sited RE in New Jersey. Beginning in 2009, incentive levels will be decreased as certain installed capacity
State Rebate Program Budget: $47,297,167 for all
Rebates - N.J. Stat. 48:3- benchmarks (6 MW per block) are reached. The standard incentive decline is expected to be
Program technologies
60 (2008) $0.20/W at the end of each capacity block, although this may be adjusted based on how rapidly the
capacity benchmarks are reached. In order to avoid the creation of lengthy application queues, the
program will operate using 4-month funding cycles. Applicants that do not make it into a funding
cycle because all available funding has been allocated must reapply once the next cycle opens.
preventing homeowners associations from prohibiting the installation of solar collectors on certain
types of residential properties. This law covers only dwellings that are not deemed community
property of the association, including townhouses which have at least two sides that are
unattached to any other building and for which the owner, rather than the association, is
Solar Access Law - NJ Solar Access
responsible for roof maintenance. In addition, the law applies specifically to systems installed on
Stat. 45:22A-48.2 (2007) Law/Guideline
the roofs of qualifying dwellings. Presumably this means that it does not extend the same
protections to ground mounted systems. Any regulation that would increase the collectors'
installation and maintenance cost by greater than 10%, or would prevent the system from operating
at maximum efficiency, may not be enforced.
Provides for the creation of solar easements to ensure that proper sunlight is available to those
who operate solar-energy systems. Easement must include the following: (1) The vertical and
horizontal angles, expressed in degrees, at which the solar easement extends over the real
Solar Easements - NJ Solar Access property subject to the solar easement; (2) Any terms or conditions or both under which the solar
Stat. 46:3-24 (1978) Law/Guideline easement is granted or will be terminated; and (3) Any provisions for compensation of the owner of
the property benefiting from the solar easement in the event of interference with the enjoyment of
the solar easement or compensation of the owner of the property subject to the solar easement for
maintaining the solar easement.
Page 26 of 29
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
The credit is capped at $3,750 for solar-
The credit, equal to 25% percent of the cost of equipment and installation, was expanded in August
Solar & Fuel Cell Tax energy systems placed in service before
2005 to include solar-thermal equipment. The solar-thermal provisions apply to taxable years
Credit - NY CLS Tax, Personal Tax September 1, 2006, and capped at $5,000
beginning on and after January 1, 2006. Any amount of credit that exceeds a taxpayer's liability in
Article § 22 606 (g-1) Credit for solar-energy systems placed in service on
a given tax year may be carried forward for the five following taxable years. Any amount of the
(1997) or after September 1, 2006. 10 kW system
system cost provided by a grant from any source is not eligible for this credit.
size cap
15-year real property tax exemption for solar and wind energy systems constructed in New York
Local Option - Solar,
State. As currently effective, the law is a local option exemption, meaning that local governments
Wind & Biomass Energy
Property Tax are permitted decide whether or not to allow it. The exemption was mandatory prior to a 1990
Systems Exemption - NY
Exemption reenactment in which the local option clause was added. The exemption is valid unless a
CLS Real Property Tax,
government opts out of the exemption, as opposed to the more common practice of requiring
Article 4 § 487 (1977)
governments to "opt-in" in order to offer an exemption.
Exempts the sale and installation of residential solar-energy systems from the state's sales and
compensating use taxes. The exemption applies to solar-energy systems that utilize solar radiation
Solar Sales Tax
to produce energy designed to provide heating, cooling, hot water and/or electricity. The exemption
Exemption - NY CLS Tax, Sales Tax
does not apply to solar pool heating or other recreational applications. The law also permits local
Article 28 § 1115 (ee) Exemption
governments (municipalities and counties) to grant an exemption from local sales taxes. If a city
(2005)
with a population of 1 million or more (NYC) chooses to grant the local exemption, it must enact a
specific resolution that appears in the state law.
Program incentives effective February 3, 2009, based on direct-current (DC) module ratings at
standard test conditions, are as follows: (1) Residential Incentives: $3.00/W up to 4 kW, $2.00/W
for next 4 kW up to a maximum of 8 kW per site meter; (2) Non-Residential Incentives: $3.00/W up
New York State Energy
to 40 kW, $2.00/W for next 40 kW up to a maximum of 80 kW per site meter; (3) Schools, non-for-
Research and
State Rebate profit organizations, and municipalities: $5.00/W up to a maximum of 25 kW per site meter; and (4) Program Budget for 2008 & 2009 $75.3
Development Authority
Program Bonus incentive: $0.50/W for Energy Star Homes and building integrated PV (BIPV) systems. million
(NYSERDA) PV
Exemptions to the capacity caps may be provided on a case-by-case basis and NYSERDA reserves
Incentive Program
0.1542% the right to limit the incentives available per customer/site. PV systems must be sized to meet
customer specific site energy needs (local load or demand) and may not exceed 110% of the demonstrated
New York 24% by 2013 sited 4.4 7 21.9 energy demand for the site.
generation
by 2013
According to the most
Commits the state government to purchase a portion of its electric power from renewable energy recent RPS Performance
resources -- at least 10% from resources such as wind, solar thermal, photovoltaics (solar electric), Report released in
New York Power
Green Power sustainably managed biomass, tidal, geothermal, methane waste and fuel cells by 2005, increasing October 2008, state
Procurement Policy -
Purchasing/ to 20% by 2010. The order applies to all agencies and departments over which the governor has green energy purchases
Executive Order No. 111
Aggregation executive authority, and all public benefit corporations and public authorities whose heads are during 2007 were
(2001)
appointed by the governor. The order also requires the state to adhere to green building standards approximately 261,000
when constructing new buildings or significantly renovating existing buildings. MWh, or 83% of the 2007
target.
The abatement allows building owners to deduct from their total real property taxes* a portion of
the expenditures associated with installing a PV system on an eligible building. Systems placed in
NYC Property Tax
service between August 5, 2008 (the effective date) and December 31, 2010 are eligible for an
Abatement for PV
Property Tax abatement of 8.75% of eligible expenditures annually for four years. Systems placed in service Maximum abatement during a year is
Equipment Expenditures -
Assessment between January 1, 2011 and December 31, 2012 are eligible for an abatement of 5.0% of eligible $62,500
NY CLS RPTL § 499-
expenditures annually for 4 years. Thus the total property tax benefit can amount to either 35% or
aaaa (2008)
20% of the installed system cost depending on when it is built. Unused balances may not be
carried forward from year-to-year
Ensure uninterrupted solar access for solar energy devices. Solar easement agreements are
required at a minimum to contain information describing the easement location and orientation to
Solar Easements - NY
Solar Access real property subject to the easement, provisions for termination, and provisions for compensation
CLS Real Property,
Law/Guideline in the event that interference occurs. New York General City codes allow local zoning districts to
Article 9 § 355-b (1981)
make rules regarding solar access, recognizing solar access as a "valid public purpose within the
zoning authority of local governments..."
Town of Southhampton
A flat rebate of $2,500 is available for PV systems of 5 kilowatts (kW) AC or larger. Smaller
PV Rebate Program - Local Rebate Initial program budget $50,000 - 20 total
systems are not eligible to receive a rebate and the applicant must have actually paid the cost of
Town Code Chapter 176 Program projects
installation of the system.
(2006)
Page 27 of 29
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
35% credit of the cost of eligible RE property constructed, purchased, or leased by a NC taxpayer
and placed into service during a taxable year. The following credit limits for various technologies
and sectors: (1) A $3,500 max per dwelling unit for residential active space heating, combined
RE Tax Credit (corporate Corporate & active space and domestic water-heating systems, and passive space heating; (2) A $1,400 max
& personal) - N.C. Gen Personal Tax per dwelling unit for residential solar water-heating systems, including solar pool-heating systems;
Stat. § 105-129.15 (1977) Credit (4) A $10,500 max per installation for PV systems, wind-energy systems or certain other renewable-
energy systems for residential use; (5) A maximum of $2.5 million per installation for all solar,
wind, hydro and biomass applications for commercial or industrial facilities, including PV,
daylighting, solar water-heating and space-heating technologies.
Production payment for grid-tied electricity generated by solar, wind, small hydro (10 megawatts or
less) and biomass resources. Generators are required to enter into power-purchase agreements
with their North Carolina electric utility and with NC GreenPower. However, because premiums
NC GreenPower paid to NC GreenPower are funded exclusively by voluntary contributions from North Carolina
Production Incentive - Production electric customers, NC GreenPower does not provide guaranteed contracts to generators.
NCUC Order, Docket No. Incentive Production incentives are based on the amount expected to make the installation of renewable-
E-100, Sub 90 (2003) energy systems approach economic feasibility. Owners of small solar electric systems enrolled in
NC GreenPower receive $0.15/kWh from the program, plus approximately $0.04/kWh from their
12.5% of
utility under the power-purchase agreement, for a total production payment of about $0.19/kWh.
2020 retail
Note - TVA program in Utility FIT programs tab.
sales by 2021 0.2% of
for IOU's; overall load
North Carolina Property Tax Abatement 10% of 2017 from solar N/A 4 4.7
retail sales by and thermal Exempts 80% of the appraised value of a "solar energy electric system" (aka PV system) from
for Solar Electric Systems Property Tax
2018 for energy property tax. Includes all equipment used directly and exclusively for the conversion of solar
- NC Gen. Stat. § 105- Abatement
REA's and energy to electricity.
275 (2008)
Muni's
Available to businesses, local governments, public schools, community colleges, and nonprofit
Energy Improvement organizations for projects that include energy efficiency improvements and renewable energy
State Loan
Program - NC Gen. Stat. systems. Loans with an interest rate of 1% are available for certain renewable-energy and energy- Max Project amount $500,000
Program
§ 143-345.18 (2001) recycling projects. Eligible renewable-energy projects generally include solar, wind, small
hydropower (less than 20 megawatts) and biomass. Max loan term of 10 years.
Cities and counties in North Carolina generally may not adopt ordinances prohibiting the installation
of "a solar collector that gathers solar radiation as a substitute for traditional energy for water
heating, active space heating and cooling, passive heating, or generating electricity for a detached
single-family residence." However, city and county ordinances may prohibit the installation of solar-
Solar Access Law - SB Solar Access energy collectors that are visible from the ground and installed (1) on the facade of a structure that
670 (2007) Law/Guideline faces areas open to common or public access; (2) on a roof surface that slopes downward toward
the same areas open to common or public access that the facade of the structure faces; or (3)
within the area set off by a line running across the facade of the structure extending to the property
boundaries on either side of the facade, and those areas of common or public access faced by the
structure. No deed restrictions, covenants or other binding agreements entered into after 10/1/07.
Page 28 of 29
Solar Set- Total Grid- Total Grid- Cumulative
Form of Incentive Aside or DG Tied PV Tied PV Grid-Tied
Incentive Program State RPS Program Description Project/Program Cap Impact of Program Additional Notes
Program Provision Installed in Installed in PV Installed
within RPS 2007 (MW) 2008 (MW) (MW)
Renewable energy generation, renewable energy equipment manufacturing, high efficiency
Business Energy Tax
combined heat and power: 50% of eligible project costs, distributed over five years (10% per year). $20 million for renewable energy equipment
Credit - OAR 330-090- Corporate Tax
All other projects: 35% of eligible project costs, distributed over five years (10% in the first and manufacturing facilities. $10 million for other
0105 thru 330-090-0150 Credit
second years, 5% each year thereafter). Excess credit may be carried forward eight years; those projects
(1980)
with eligible project costs of $20,000 or less may take credit in one year.
The Energy Trust of Oregon’s Solar Electric Buy-Down Program is available to customers of Pacific
Power (PP) and PGE who install new PV systems as follows: (1) Residential: $2.00/W installed for
PP customers and $2.25/W for PGE customers, with a $20,000 cap per site; (2) Commercial: PP
customers: $1.50/W for systems up to 30 kW; $0.90/W-DC - $1.50/W for systems sized 30-200 kW
Energy Trust - Solar ($180,000 max incentive) & PGE customers: $1.75/W for systems up to 30 kW; $1.15/W - $1.75/W 2009 Budget: $1.6 million for projects in
State Rebate
Electric Buy-Down for systems sized 30-200 kW ($230,000 max incentive); and $0.80/W for larger and multi-site Pacific Power's service territory; $6.1 million
Program
Program systems up to 800 kW ($640,000 max incentive).; and (3) Non-Profit/Gov't: PP customers: $1.75/W for projects in PGE's service territory
for systems up to 30 kW; $1.15/W - $1.75/W for systems sized 30-200 kW ($230,000 max
incentive) & PGE customers: $2.00/W for systems up to 30 kW; $1.40/W - $2.00/W for systems
sized 30-200 kW; and $1.00/W for larger and multi-site projects up to 800 kW ($800,000 max
incentive). For all types, RECs remain generators for first 5 years, then transfer to Energy Trust.
The tax credit equals 50% of the construction costs of a facility which will manufacture renewable
RE Equipment
Industry energy systems, and includes the costs of the building, excavation, machinery and equipment
Manufacturers Tax Credit
Recruitment/ which is used primarily to manufacture renewable energy systems. The credit may also be applied $20 million tax credit limit per project
- OAR 330-090-0105 thru Yes - 25% by
Support to the costs of improving an existing facility which will be used to manufacture renewable energy
330-090-0150 (2008) 2025 for large systems. The 50% credit is taken over the course of five years, at 10% each year.
utilities (3% or Goal to
Residential Energy Tax more of have 8% of
Credit - ORS § 469.185 state's load); state's retail PV systems and fuel cells are eligible for $3 per peak watt with a maximum limit of $6,000, up to
(2007); OAR 330-070- Personal Tax 10% by 2025 load come 50% of the installed cost. However, the amount claimed in any one tax year may not exceed
Oregon 1.1 4.7 7.5
0010 to 330-070-0097 Credit if between 1.5- from small- $1,500 or the taxpayer's tax liability, whichever is less. Unused credits may be carried forward for
(2008); ORS § 315.354 3% of state's scale five years.
(2005) load; 5% by projects less
2025 if less than 20MW
The added value to any property from the installation of a qualifying renewable energy system may
than 1.5%
RE Systems Exemption - Property Tax not be included in the assessment of the property’s value for property tax purposes. Qualifying
state's load
ORS 307.175 (1976) Exemption renewables include solar, geothermal, wind, water, fuel cell or methane gas systems for the
purpose of heating, cooling or generating electricity.
Voters approved a constitutional amendment authorizing the sale of bonds to finance small-scale,
Small-scale Energy Loan local energy projects. Loans are available to individuals, businesses, schools, cities, counties,
Program - OAR 330-110- State Loan special districts, state and federal agencies, public corporations, cooperatives, tribes, and non-
0005 (1980); ORS Program profits. Though there is no legal maximum loan, the size of loans generally ranges from $20,000 to
470.050 (2005) $20 million. Terms vary, but are generally set to match the term of the bonds that funded the loans.
Loan terms may not exceed project life.
Requires all public building projects for which the total contract price is $1,000,000 or more to
include solar technologies. The investment in solar technology for a public building must amount to
Solar Energy Systems on Energy
at least 1.5% of the total contract price. The solar energy system can either be solar electric or
Public Buildings - ORS Standards for
solar thermal systems, and can also include passive solar if it will achieve an energy consumption
279C.527 (2008) Public Buildings
reduction of at least 20%. This policy also applies to major renovation projects if the cost of the
renovation exceeds $1,000,000 and 50% of the total value of the building.
Mandatory Utility Green Mandatory Utility
Requires all electric utilities to offer customers an optional green-power program. Each utility must
Power Option - ORS Green Power
inform customers of the sources of the electricity included in its green-power program.
469A.205 (2007) Option
Solar and Wind Access No person conveying or contracting to convey a property title can include provisions that prohibit
Laws - ORS 105.880 Solar and Wind the use of solar energy systems on the property. easements provisions allow property owners to
(1979); ORS 215.044; Access Law create solar and wind easements for the purpose of protecting and maintaining proper access to
ORS 227.190 sunlight and wind. Easements should be negotiated with neighboring property owners.
Comment - The 9 states included in this sheet (along with Colorado, which is not listed here) comprised the top 10 states that installed Grid-tied PV capacity in 2007 & 2008, according to the Solar Energy Industries Association's Year in Review's for 2007 & 2008.
Page 29 of 29
