reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 7:27C-10.7 - CO[2] emissions offset project standards-avoided methane emissions from agricultural manure management operations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To qualify for the award of CO[2] offset allowances, in addition to satisfying the other applicable requirements of this subchapter, an offset project that reduces CO-equivalent emissions by capturing and destroying methane from animal manure and organic food waste using anaerobic digesters shall meet the requirements of (b) through (g) below.
(b) An offset project that captures and destroys methane from animal manure and organic food waste using anaerobic digesters shall:
1. Consist of the destruction of that portion of methane generated by an anaerobic digester that would have been generated in the absence of the offset project through the uncontrolled anaerobic storage of manure or organic food waste; and
2. Employ only manure-based anaerobic digester systems using livestock manure as the majority of digester feedstock, defined as more than 50 percent of the mass input into the digester on an annual basis. The remainder of the digester feedstock may be organic food waste that would have been stored in anaerobic conditions in the absence of the offset project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 10 - CO[2] EMISSIONS OFFSET PROJECTS › Section 7:27C-10.8 - Award and recording of CO[2] offset allowances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be accredited by the Department to provide verification services as required of project sponsors under this subchapter, an independent verifier shall demonstrate knowledge of:
1. Utilization of engineering principles;
2. Quantification of greenhouse gas emissions;
3. Development and evaluation of air emissions inventories;
4. Auditing and accounting principles;
5. Information management systems;
6. The requirements of this subchapter and other applicable requirements of this chapter; and
7. The data collection, quantification, monitoring, and verification requirements for the individual offset categories specified at N.J.A.C. 7:27C-10.5, 10.6, and 10.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.1 - Auction of CO[2] allowances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will participate in, or conduct, auctions to sell CO[2] allowances allocated to the consumer benefit account in accordance with NJ.A.C. 7:27C-5, CO[2] Allowance Allocations, and this subchapter.
(b) The Department may delegate the implementation and administrative support functions for any CO[2] allowance auction conducted pursuant to this subchapter to an agent qualified to conduct auctions, including a regional entity, provided that such agent shall perform all such functions under the direction and oversight of the Department.
(c) The Department will participate in a multistate CO[2] allowance auction if it determines that:
1. A multistate auction capability and process is in place for the participating states;
2. The multistate auction can provide benefits to the State that meet or exceed the benefits conferred on the State through its own State-run auction process; and
3. The multistate auction process would be consistent with the process described in this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.2 - Auction format

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The format of the CO[2] allowance auctions will be one or more of the following: 1. Uniform-price sealed-bid;
2. Discriminatory-price sealed-bid;
3. Ascending price, multiple-round; or
4. Descending price, multiple-round.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.3 - Auction timing and CO[2] allowance submission schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) CO[2] allowance auctions will be held NO[x] less frequently than annually, and as frequently as the
Department determines is necessary and practical to ensure the availability of CO[2] allowances to CO[2] Budget units and CO[2] Budget sources and to support the effective functioning of the CO[2] allowance market.
(b) Prior to the end of each control period, the initial control period, or an interim control period, the Department will make available for sale by auction, all CO[2] allowances held in the consumer benefit account that are designated for the allocation years associated with that control period, initial control period, or interim control period. This will not include CO[2] allowances set aside to be sold directly to certified dispatch agreement facilities with fixed-price contracts pursuant to N.J.A.C. 7:27C-5.5, or CO[2] allowances set aside to be retired pursuant to N.J.A.C. 7:27C-5.3.
(c) In each CO[2] allowance auction, the Department will make available for sale CO[2] allowances designated for the allocation years associated with that control period, interim control period, or initial control period and CO[2] allowances designated for the allocation years associated with a future control period, in a number as determined to be appropriate by the Department, in order to ensure the availability of sufficient allowances to protect the financial stability of CO[2] Budget sources in New Jersey.
(d) The number of CO[2] allowances to be made available for sale in a specific auction will be disclosed in the notice of CO[2] allowance auction issued pursuant to N.J.A.C. 7:27C-11.5.
(e) Auctions of CO[2] allowances will include a CO[2] cost containment reserve and a CCR trigger price, as provided at N.J.A.C. 7:27C-5.2(d).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.4 - Reserve price

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A reserve price will be established for each CO[2] allowance auction.
(b) The reserve price will be either the minimum reserve price or the CCR trigger price, as specified at N.J.A.C. 7:27C-1.2, Table 1 of the definition of "CO[2] cost containment reserve trigger price" and N.J.A.C. 7:27C-9.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.5 - Auction calendar and notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A calendar of anticipated auction dates will be available on the CO[2] allowance auction website, ">www.rggi.org/auctions]
www.rggi.org
. The calendar will indicate the auction format and the number of allowances and allocation years of allowances to be auctioned at each auction. The calendar may periodically be revised, including the anticipated dates of future auctions, provided that the information relevant to the next scheduled CO[2] allowance auction will be fixed NO[x] later than 45 calendar days prior to such auction. The calendar will include the dates of at least the next four CO[2] allowance auctions and may also include the anticipated number of allowances to be auctioned at each future auction.
(b) A notice of each CO[2] allowance auction will be provided on the CO[2] allowance auction website NO[x] later than 45 days prior to the date upon which the auction will be conducted and may be transmitted electronically to parties requesting such notification, provided they have submitted an e-mail address to the
New Jersey RGGI program contact person. The RGGI program contact for each participating state, including New Jersey, is listed on the RGGI website at
www.rggi.org
(c) In addition to the information specified at N.J.A.C. 7:27C-9.1(a), the notice of COallowance auction will include, but not be limited to, the following:
1. The date, time, and location of the CO[2] allowance auction, including the Internet address or electronic address for the CO[2] allowance auction location, as applicable;
2. The format for the CO[2] allowance auction;
3. The categories of bidders who will be eligible to bid;
4. The number and allocation years of New Jersey CO[2] allowances to be auctioned;
5. The minimum reserve price;
6. All information regarding the CO[2] cost containment reserve, required to be in the notice pursuant to N.J.A.C. 7:27C-9.1(a);
7. The procedures for conducting the CO[2] allowance auction, including the required bid submission format and process, and information regarding financial settling of CO[2] allowance payments;
8. All CO[2] allowance auction participation requirements;
9. The amount and type of financial security required and instructions for submitting acceptable financial surety;
10. Participation limits, such as bidding limits that may apply to an individual bidder or a group of related bidders;
11. Application instructions for applying to participate in the COallowance auction;
12. Identification of a New Jersey auction contact person for further information; and
13. Other pertinent rules or procedures of the auction as may be required to ensure a transparent, fair, and competitive auction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.6 - Auction participant requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be classified by the Department as a bidder eligible to participate in a specific CO[2] allowance auction, a qualified participant must:
1. Be a member of a category of those eligible to participate in the specified CO[2] allowance action as indicated by the notice of CO[2] allowance auction issued pursuant to NJ.A.C. 7:27C-11.5(b);
2. Open and maintain a compliance account or general account, established pursuant to N.J.A.C. 7:27C-6.2 (a) or (b), respectively; and
3. Submit financial security, such as a bond, cash, certified funds, or an irrevocable stand-by letter of credit, in a manner and form acceptable to the Department, as specified in the notice of CO[2] allowance auction issued pursuant to N.J.A.C. 7:27C-11.5(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.7 - Auction participant eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will announce the categories of parties that are eligible to participate in a specific CO[2] allowance auction as part of the notice of CO[2] allowance auction, provided that an owner or operator of a CO[2] Budget unit located in New Jersey is always eligible to participate in a CO[2] allowance auction.
(b) For any CO[2] allowance auction, the following categories of parties may be eligible to participate:
1. The owner or operator of a CObudget unit located in New Jersey, who is always eligible to participate, pursuant to (a) above;
2. The owner or operator of a CObudget unit located in a participating state;
3. The owner or operator of a CObudget unit located outside of New Jersey, but within those states that have final CO[2] Budget Trading Program regulatory provisions in place at the time of the CO[2] allowance auction and are participating states;
4. The owner of a fossil fuel-fired generation unit located outside of the participating states;
5. A broker;
6. An environmental group;
7. A financial or investment institution; and
8. Any other market participant, as may be specified in the notice of CO[2] allowance auction, with or without limitation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.8 - Auction participant qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person who intends to participate in a CO[2] allowance auction, or auctions, shall submit a qualification application to the Department, in the form and manner specified in the notice of CO[2] allowance auction.
(b) The deadline for submitting a qualification application will be established in the notice of CO[2] allowance auction and will be at least 15 days after the publication of such notice.
(c) As part of a qualification application, an applicant shall provide information and documentation relating to the applicant's ability and authority to execute bids and honor contractual obligations, as well as information required to ensure adherence to the auction requirements and procedures specified in this subchapter, as follows:
1. Identification by the applicant of either a compliance account or general account, established pursuant to N.J.A.C. 7:27C-6.2(a) or (b), and identification of the CO[2] authorized account representative for such compliance account or general account;
2. Information and documentation regarding the corporate identity, ownership, affiliations, and capital structure of the entity represented by the applicant;
3. Identification of any indictment or felony conviction of the applicant or any member, director, principal, partner, or officer of the entity represented by the applicant or any affiliate or related entity;
4. Identification of any previous or pending investigation of the applicant or the entity represented by the applicant or any affiliate or related entity, with respect to any alleged violation of any rule, regulation, or law associated with any commodity market or exchange; and
5. Such other information and declarations as the Department determines may be required of an applicant in order to evaluate prospective auction participants and ensure the integrity of the CO[2] allowance auction process in accordance with the requirements and procedures for CO[2] allowance auctions established in this subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.9 - Submission of financial security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to participate in any specific CO[2] allowance auction, a qualified participant shall provide financial security to the Department, such as a bond, cash, certified funds, or an irrevocable stand-by letter of credit, in a form and manner prescribed by the Department in the notice of COallowance auction.
(b) The Department will approve the qualified participant to participate as a bidder in the specified CO[2] allowance auction after the Department has approved the financial security submitted pursuant to (a) above .
(c) A qualified participant who submits financial security may request return of such financial security at any time prior to or following any CO[2] allowance auction, subject to the following limitations:
1. Any request for the return of financial security prior to the conduct of a CO[2] allowance auction will result in the Department revoking approval to participate in such CO[2] allowance auction, as of the date of such request;
2. The Department will not return such financial security if the Department has any current or pending claim to such financial security as a result of the failure of the bidder to abide by the requirements of this subchapter or to pay the full amount of any submitted bid when payment is due; and
3. Financial security may be forfeited to the Department in the event the bidder's offer to purchase CO[2] allowances is accepted and the bidder fails to tender payment of the full amount when due.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.10 - Bidder limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A bidder shall submit a bid in an amount that does not exceed the amount of financial security provided to the Department.
(b) A bidder, including any affiliate or agent of such bidder, or any combination of bidders with related beneficial interests, shall purchase NO[x] more than 25 percent of the CO[2] allowances offered for sale in any one CO[2] allowance auction. Such limitation, which will not be increased by CCR allowances, will be published in the auction notice pursuant to N.J.A.C. 7:27C-11.5(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.11 - Bid submittal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All bids shall be submitted in a form and manner prescribed by the Department, which the Department will make available on the CO[2] allowance auction website, as appropriate.
(b) A bidder shall not use or employ any manipulative, misleading, or deceptive practice in connection with its prequalification application or purchase of allowances from the Department, including, but not limited to, any practice that contravenes or violates any applicable Federal or participating state law, rules, or regulation.
(c) A bid submitted at a CO[2] allowance auction is a binding offer for the purchase of CO[2] allowances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.12 - Approval of auction results

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An independent monitor, such as a certified public accounting firm or similar entity, shall observe the conduct and outcome of each auction and issue a report to the Department in accordance with professional auditing standards addressing whether the auction was conducted in accordance with the rules and procedures in the respective notice of CO[2] allowance auction. Upon receipt and approval by the Department of the report and upon payment in full by successful bidders, the Department shall transfer, or have transferred, the corresponding CO[2] allowances to each successful bidder's applicable compliance or general account.
(b) The Department will approve or disapprove the outcome of a COallowance auction following the completion of the auction, based on an evaluation, in consultation with an independent monitor, as provided at (a) above, of whether the auction was conducted in accordance with the procedures and requirements at N.J.A.C. 7:27C-5 and this subchapter and whether there was any indication of collusive behavior among auction participants or attempts at market manipulation that impacted the results of the auction.
(c) In advising the Department or its agent, the independent monitor will monitor each CO[2] allowance auction and develop and apply data collection methods, metrics, and analytic techniques, and thresholds for identifying any bidding behavior or activity that may have a significant impact on the efficiency and performance of such auctions, including, but not limited to, collusion, market power, or price manipulation.
(d) The independent monitor shall also monitor allowance market data and information known to the Department, including allowance transactions and associated pricing reported in COATS, and other relevant data and information to ensure fair competition, efficient pricing, and protection against collusive or manipulative behavior in the CO[2] allowance auctions and the CO[2] Budget Trading Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.13 - Award of CO[2] allowances to winning bidders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following the approval of the results of a CO[2] allowance auction by the Department pursuant to N.J.A.C. 7:27C-11.12 and the settlement of financial transactions by a winning bidder, the Department will award CO[2] allowances to such winning bidder in a number equal to the number of CO[2] allowances represented in winning bids submitted by the bidder.
(b) The Department will allocate CO[2] allowances to the compliance account or general account identified in the qualification application of a winning bidder, in a number equal to the CO[2] allowances awarded to the bidder pursuant to (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27C - CO[2] BUDGET TRADING PROGRAM › Subchapter 11 - CO[2] ALLOWANCE AUCTIONS › Section 7:27C-11.14 - Publication of auction results

Current through Register Vol. 56, No. 14, July 15, 2024
After the Department has approved the results of a CO[2] allowance auction pursuant to N.J.A.C. 7:27C-11.12, and NO[x] later than 10 days following the allocation of COallowances to the CO[2] compliance or general accounts of winning bidders pursuant to N.J.A.C. 7:27C-11.13, the Department will publish on the CO[2] allowance auction website the auction clearing price and the number of CO[2] allowances sold in the auction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:27D-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter establishes guidelines and a priority ranking system for the EDA, the BPU, and the Department to use when they establish a multi-year strategic funding plan and select eligible programs and projects that will receive funding from the Global Warming Solutions Fund. Further, this chapter establishes criteria for new, efficient electric generation facilities to be considered state of the art for the purpose of determining eligibility for funding by the EDA.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 1 - GENERAL PROVISIONS › Section 7:27D-1.3 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any subchapter, section, subsection, provision, clause, or portion of this chapter, or the application thereof to any person, is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the subchapter, section, subsection, provision, clause, portion, or application directly involved in the controversy in which the judgment was rendered and it shall not affect or impair the remainder of this chapter or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 2 - DEVELOPMENT OF THE STRATEGIC FUNDING PLAN, SELECTION OF INITIATIVES, ELIGIBILITY OF PROGRAMS AND PROJECTS, GUIDELINES AND PRIORITY RANKING SYSTEM, AWARD OF ECONOMIC AID, AND MEASURABLE BENEFITS › Section 7:27D-2.1 - Procedure for development of a strategic funding plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The EDA, the BPU, and the Department shall coordinate the use of each agency's allocation from the Global Warming Solutions Fund by periodically developing a strategic funding plan. The agencies shall develop initiatives in a strategic funding plan that will assist in the selection of eligible projects and programs to receive funding from the Global Warming Solutions Fund.
(b) Each strategic funding plan shall identify the initiative(s) that each agency will sponsor during the corresponding strategic funding period, the objective(s) considered critical or beneficial to each initiative, and the information and materials the agencies relied upon in their selection of initiatives.
(c) Each strategic funding plan published subsequent to the first strategic funding plan shall also contain information about each project and program that has received funding from the Global Warming Solutions Fund, to the extent that such information is available and has not been reported in an earlier strategic funding plan. This information shall include, but not be limited to:
1. A description of the project or program;
2. The amount of money earmarked by the agency to fund the program or project, as well as the type and amount of economic aid awarded;
3. The sponsored initiative corresponding to the project or program;
4. To the extent feasible, an account of the measurable benefits the project or program reported for each critical objective it was predicted to advance; and
5. The status of the project or program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 2 - DEVELOPMENT OF THE STRATEGIC FUNDING PLAN, SELECTION OF INITIATIVES, ELIGIBILITY OF PROGRAMS AND PROJECTS, GUIDELINES AND PRIORITY RANKING SYSTEM, AWARD OF ECONOMIC AID, AND MEASURABLE BENEFITS › Section 7:27D-2.2 - Selection of strategic funding plan initiatives

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In every strategic funding plan, the agencies shall sponsor initiatives that, collectively, advance the following six objectives:
1. Result in a net reduction in greenhouse gases in the State or in greenhouse gas emissions from electricity produced out of the State, but consumed in the State, or net sequestration of carbon;
2. Result in significant reductions in greenhouse gas emissions relative to the cost of the project or program and the reduction of impacts on ratepayers attributable to the implementation of N.J.S.A. 26:2C-45et seq., and the ability of the project or program to significantly contribute to achievement of the State's 2050 limit established pursuant to the Global Warming Response Act, relative to the cost of the project or program;
3. Reduce energy use;
4. Be directly responsive to the negative effects on human health and the environment in communities that are disproportionately impacted by the effects of environmental degradation and climate change;
5. Be directly responsive to the recommendations submitted by the Department to the Legislature pursuant to section 6 of the Global Warming Response Act; and
6. Provide co-benefits to the State.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 2 - DEVELOPMENT OF THE STRATEGIC FUNDING PLAN, SELECTION OF INITIATIVES, ELIGIBILITY OF PROGRAMS AND PROJECTS, GUIDELINES AND PRIORITY RANKING SYSTEM, AWARD OF ECONOMIC AID, AND MEASURABLE BENEFITS › Section 7:27D-2.3 - Eligible projects and programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each agency shall ensure that projects or programs that are selected to receive funding from the Global Warming Solutions Fund meet the following eligibility criteria:
1. Sixty percent of the Global Warming Solutions Fund shall be allocated to the EDA to provide funding to commercial, institutional, or industrial entities to:
i. Support an end-use energy efficiency project, including, but not limited to, renewable energy applications;
ii. Support a new, efficient electric generation facility that is state of the art in accordance with NJ.A.C. 7:27D-3, including, but not limited to, energy efficiency and renewable energy applications;
iii. Develop a combined heat and power production and other high efficiency electric generation facility;
iv. Stimulate or reward investment in the development of an innovative carbon emissions abatement technology with significant carbon emissions reduction or avoidance potential; and/or
v. Develop qualified offshore wind projects pursuant to NJ.S.A. 48:3-87.1 and assist manufacturers of equipment associated with qualified offshore wind projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 2 - DEVELOPMENT OF THE STRATEGIC FUNDING PLAN, SELECTION OF INITIATIVES, ELIGIBILITY OF PROGRAMS AND PROJECTS, GUIDELINES AND PRIORITY RANKING SYSTEM, AWARD OF ECONOMIC AID, AND MEASURABLE BENEFITS › Section 7:27D-2.4 - Agency selection of eligible projects and programs using the guidelines and the priority ranking system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall select for funding during a strategic funding period only those eligible programs and projects that both fall within the scope of an initiative identified in the corresponding strategic funding plan and are predicted to advance the objective(s) identified as critical to that initiative. An agency's selection of eligible projects and programs shall comply with NJ.S.A. 26:2C-51.
(b) An agency's selection of an eligible program or project shall be supported by an evaluation of:
1. The degree to which the project or program is predicted to advance the objectives ranked as critical to the applicable initiative; and
2. The degree to which the project or program is predicted to advance the objectives ranked as beneficial to the applicable initiative.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 2 - DEVELOPMENT OF THE STRATEGIC FUNDING PLAN, SELECTION OF INITIATIVES, ELIGIBILITY OF PROGRAMS AND PROJECTS, GUIDELINES AND PRIORITY RANKING SYSTEM, AWARD OF ECONOMIC AID, AND MEASURABLE BENEFITS › Section 7:27D-2.5 - Award of economic aid pursuant to a program or project

Current through Register Vol. 56, No. 14, July 15, 2024
Any individual award of economic aid made pursuant to a program or project shall be made in accordance with N.J.S.A. 26:2C-51. Notwithstanding the requirements of N.J.S.A. 26:2C-51, nothing in this chapter shall be construed as a limitation on an agency's authority, pursuant to that agency's funding practices, policies, or rules, to require an applicant for economic aid to submit an application, bid, or proposal disclosing other information or materials that may be considered by that agency in making an award of economic aid pursuant to an eligible program or project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 2 - DEVELOPMENT OF THE STRATEGIC FUNDING PLAN, SELECTION OF INITIATIVES, ELIGIBILITY OF PROGRAMS AND PROJECTS, GUIDELINES AND PRIORITY RANKING SYSTEM, AWARD OF ECONOMIC AID, AND MEASURABLE BENEFITS › Section 7:27D-2.6 - Measurable benefits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An agency shall not provide funding from the Global Warming Solutions Fund, unless the program or project includes, in its design, a requirement that the critical objectives that are expected to be advanced by the program or project are measurable and verifiable for the duration of the program or project.
(b) The method used by the program or project to measure benefits shall:
1. Be sufficient to allow the funding agency, or one of the other agencies with appropriate technical expertise, to assess baselines, quantitative goals, and quantities of reductions or sequestration resulting from, or expected to result from, the project or program;
2. Include an estimate of the uncertainty associated with measured or estimated baselines, quantitative goals, and quantities of reductions or sequestration. The method shall also include a description of how the uncertainty will be addressed, or why addressing the uncertainty is impracticable; and
3. Incorporate existing, scientifically accepted, greenhouse gas emissions accounting protocols and include existing or otherwise readily available information, such as records of fuel or electricity use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 3 - STATE OF THE ART ELECTRIC GENERATING FACILITY › Section 7:27D-3.1 - State-of-the-art electric generating facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An electric generating unit is state of the art, for purposes of NJ.A.C. 7:27D-2.3(a)1i and ii, if it:
1. Is a unit whose primary activity is the production of useful electricity output or the production of useful electricity output and useful thermal energy output;
2. Demonstrates advances in the art of air pollution control in accordance with NJ.A.C. 7:27-22.35 for a major facility, as defined at N.J.A.C. 7:27-22.1, or in accordance with N.J.A.C. 7:27-8.12for other facilities; and
3. Demonstrates that the electric generating unit meets or exceeds the efficiency thresholds set forth in (b) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.1 - Purpose and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes the policies and procedures for the distribution of grant funds that the Department disburses from the Global Warming Solutions Fund through the Local Government Greenhouse Gas Reduction Program, which promotes local government agency efforts to plan, develop and implement measures to reduce greenhouse gas emissions.
(b) Only a local government agency is eligible for funding from the Department's Local Government Greenhouse Gas Reduction Program. For purposes of this program, a local government agency must be one or a cooperating combination of the following:
1. A contracting unit under the Local Public Contracts Law, 40A:11-2(1);
2. A board of education under the Public School Contracts Law, N.J.S.A. 18A:18A-2a; or
3. A county college under the County College Contracts Law, N.J.S.A. 18A:64A-25.2b.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.2 - Notice of grant availability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will publish a notice of grant availability on the Department's web page announcing the availability of grant funding under the Local Government Greenhouse Gas Reduction Program. The notice will include:
1. A request for project applications;
2. Program area priorities in accordance with 7:22-2.1 and as further defined by the Department according to measured greenhouse gas reduction progress at the time of the announcement;
3. Guidance to potentially interested local government agencies concerning the available grant funding, including the purpose of and eligibility for the available grant funding;
4. The procedure for applying for a grant and a description of the evaluation criteria and scoring process;
5. A schedule of deadlines for submittal of the preliminary application of interest and application, and an estimate of the timeframe for award of grant(s);
6. Application evaluation criteria and scoring process; and
7. The template grant agreement for the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.3 - Amount of a grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The amount of the grant shall be determined at the time of award. The amount of the grant shall be based upon allowable project costs as described at 7:27D-4.1(d). In a given grant cycle, the Department may set a maximum grant amount in order to ensure that a reasonable number of awards are made Statewide, and/or that funding is made available to a range of project types.
(b) The Department may determine to fund some or all of the eligible projects, or to otherwise allocate full or partial funding among eligible projects, in light of the availability of funds and the evaluations and rankings pursuant to 7:27D-2.2, 2.3 and 4.7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.4 - Preliminary application of interest

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An interested local government agency shall submit a preliminary application of interest to the Department at the address at 7:27D-4.5(e), within the time period provided in the notice of grant availability issued in accordance with 7:27D-4.2.
1. Information to be submitted in the preliminary application shall include:
i. The name of the local government agency and contact information;
ii. A project summary, including consistency with program priorities defined in the notice of grant availability and the benefit in terms of greenhouse gas emissions reduction and/or reduction in energy demand to be derived from the project; and
iii. The total grant amount requested.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.5 - Application procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application for funding from the Local Government Greenhouse Gas Assistance Program shall be submitted to the Department on a form provided by the Department within the time period set forth in the notice of grant availability issued in accordance with 7:27D-4.2, and shall include full and complete documentation.
(b) Applications that are incomplete or do not otherwise comply with this section will not be considered, and the applicant will be so advised.
(c) A complete application shall include the following:
1. Identification of the local government agency, including address and contact information;
2. The total grant amount requested;
3. A detailed description of the project for which grant funding is sought, including:
i. The project title;
ii. A statement of project objectives;
iii. The project, scope of work, schedule of activities, outputs and outcomes;
iv. The proposed contractor and qualifications, including prior experience with the proposed project or program area;
v. A proposed budget, including personnel, operational and contractual costs; and
vi. A description of how the proposed project relates to any larger or similar effort being undertaken by the local government agency and any other funding being allocated to carry out the proposed project;
4. A demonstration of measurability in accordance with 7:27D-2.4;
5. An identification of all permits and approvals required for completion of the project, and anticipated dates that the permits and approvals will be obtained;
6. Whether the proposed project will result in the creation of jobs and, if so, a description of and estimate of the number of jobs;
7. Whether the project can be replicated by another local government agency;
8. A description of any educational value the project may offer;
9. A resolution passed by the governing body authorized by law to make expenditures and authorize the execution of contracts for the local government agency. If more than one local government agency is applying for funding through a single application, a resolution is required on behalf of each; and
10. Such other information as the local government agency would like the Department to consider in reviewing its application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.6 - Use and disclosure of information

Current through Register Vol. 56, No. 14, July 15, 2024
Preliminary applications of interest, grant applications, and other submittals in accordance with this subchapter, when received by the Department, constitute government records of the Department. The Department shall make such records available to persons who request them, to the extent required by New Jersey law.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.7 - Evaluation of grant application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall notify the local government agency that the Department has received the grant application and is evaluating it pursuant to this section. Each grant application shall be subject to:
1. Administrative review to determine the completeness of the grant application. Grant applications determined to be administratively incomplete will be rejected, no further review will be conducted, and the submitting local government agency will be notified in writing of the rejection;
2. Program and technical evaluation in accordance with the criteria of 7:27D-2.2 and 2.3; and
3. Budget evaluation to determine whether the proposed project or program costs are allowable.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.8 - Grant award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After review and evaluation of an application, the Department shall notify the local government agency in writing as to its determination regarding the application for grant funding.
(b) If a local government agency is not awarded a grant, it may resubmit its application, with or without modification, as a new application in response to a subsequent notice of grant availability issued in accordance with 7:27D-4.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.9 - Execution of grant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon execution of the grant agreement by the Department, the Department shall transmit the grant agreement (certified mail, return receipt requested) to the local government agency for execution.
(b) Within 30 calendar days after it receives the grant agreement from the Department, the local government agency shall execute the grant agreement and return it to the Department at the address set forth at 7:27D-4.5(e)  so that the Department receives the fully executed agreement within the 30 calendar day period.
(c) The Department may allow an additional period of time for the local government agency to return the grant agreement, not to exceed 30 days, on the written request of the local government agency, setting forth how much additional time is required, and the reason therefor. The request must be received by the Department at the address set forth at 7:27D-4.5(e)  before the expiration of the initial 30-calendar-day period, set forth at (b) above.
(d) The individual identified in 7:27D-4.5(c)9  shall execute the following certification, as part of the grant agreement, on behalf of the local government agency.
"I, (name), (title), certify that I am authorized to make this certification on behalf of (local government agency). I further certify that (local government agency):
1. Is in compliance with all requirements and conditions of the within grant agreement;
2. Is, and shall assure that its contractors and subcontractors are, maintaining their financial records in accordance with generally accepted accounting principles and auditing standards for governmental institutions; and
3. Has not and will not enter into any contract with, nor has any subcontract been or will be awarded to any person debarred, suspended or disqualified from Department contracting pursuant to N.J.A.C. 7:1D-2 for any services within the scope of the grant agreement.
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attached documents and, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete."
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.10 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each local government agency that is awarded a grant shall submit to the Department in accordance with the schedule set forth in the grant agreement:
1. Progress reports describing project implementation progress;
2. A final report describing project implementation success and actual or expected greenhouse gas reductions resulting from project completion; and
3. Financial reports describing and justifying project expenditures relative to the approved project budget.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27D - GLOBAL WARMING SOLUTIONS FUND RULES › Subchapter 4 - LOCAL GOVERNMENT GREENHOUSE GAS REDUCTION PROGRAM › Section 7:27D-4.11 - Grant conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following requirements are conditions of each grant payment under each grant agreement.
1. The local government agency shall comply with the Local Public Contracts Law, 40A:11-1 et seq.
2. The local government agency shall comply with the Local Government Ethics Law ( P.L. 1991, c. 29; 40A:9-22 ).
3. The local government agency shall comply with the Civil Rights Act of 1964 ( P.L. 88-352 ) as well as the New Jersey Law Against Discrimination (10:5-1 et seq.), as amended.
4. The local government agency shall comply with all pertinent requirements of Federal, State and local environmental laws.
5. The local government agency shall comply with any special conditions in the grant agreement or any amendment thereto necessary to ensure accomplishment of the project or Department objectives as set forth in the notice of grant availability.
6. No State funds shall be disbursed to a local government agency that has defaulted on any State loan. In order to facilitate full or partial payment of such defaulted loan obligation the Department may, at its discretion, make a grant payment where the State agency responsible for administering the loan in default simultaneously receives from the local government agency an amount in repayment of the defaulted loan obligation at least equal to the grant payment. Nothing in this paragraph shall in any way limit any right or duty of the Department to demand and collect at any time the total due under any such past loan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 27E - GREENHOUSE GAS MONITORING AND REPORTING › Subchapter 1 - GENERAL PROVISIONS › Section 7:27E-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter applies to:
1. A facility with one or more refrigeration systems with a full charge greater than or equal to 50 pounds of a high-GWP refrigerant or combination of refrigerants, at least one of which is a high-GWP refrigerant; and
2. A gas public utility that operates mains and service lines within the State providing natural gas.