New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 12 - SITING RULES FOR GRID SUPPLY AND LARGE NET METERED SOLAR FACILITIES › Section 14:8-12.8 - Construction requirements for competitive solar incentive-eligible (CSI-eligible) facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				CSI-eligible facilities, other than those located on the built environment,
				shall comply with the requirements for soil erosion and sediment control in
				accordance with the New Jersey Soil Erosion and Sediment Control Act
				(N.J.S.A.
				4:24-39 et seq.) and the implementing rules
				at N.J.A.C. 2:90.
(b) All
				CSI-eligible facilities, other than those located on the built environment,
				shall, as part of the development of a comprehensive siting plan, assess
				existing drainage conditions, and identify any areas where surface runoff
				currently exists or where proposed grades will create surface runoff
				concentration. All such areas shall be designed to prevent onsite erosion, as
				well as protect offsite areas from erosion and flooding.
(c) All CSI-eligible facilities shall comply
				with the NJDEP's Stormwater Management Rules, N.J.A.C. 7:8.
(d) All CSI-eligible facility panel drip
				lines shall be protected against scour.
(e) CSI-eligible facilities proposed to be
				located on land in agricultural use, other than those proposed to be located on
				the built environment, shall be submitted to the Soil Conservation District for
				compliance with requirements in this section and any applicable Soil
				Conservation District guidelines for stormwater runoff quantity and erosion
				control.
(f) CSI-eligible
				facilities, other than those mounted on the built environment, shall comply
				with the NJDEP's "Standards for the Use of Pollinator-Friendly Native Plant
				Species and Seed Mixes in Grid Supply and Select Net Metered Solar Facilities."
				CSI-eligible facilities that meet the requirements for qualification in the
				Contaminated Sites and Landfills tranche of the Competitive Solar Incentive
				Program, pursuant to
				N.J.A.C.
				14:8-11.10(b)3  are exempted
				from mandatory compliance with the pollinator standards.
1. Entities proposing CSI-eligible facilities
				that require compliance with the NJDEP's "Standards for the Use of
				Pollinator-Friendly Native Plant Species and Seed Mixes in Grid Supply and
				Select Net Metered Solar Facilities" (Standards) shall demonstrate said
				compliance by submitting to the Board or program administrator duly retained by
				the Board, a vegetation management plan consistent with the requirements
				outlined in the referenced standards as part of the post-construction
				certification package.
i. CSI-eligible
				facilities shall successfully implement and maintain the site in accordance
				with the vegetative management plan. Successful implementation is determined by
				a minimum 80 percent survival rate of vegetation planted.
ii. CSI-eligible facilities shall comply with
				monitoring requirements.
(1) The Board may
				audit CSI-eligible facilities for compliance with the vegetative management
				plan. The Board, or its designee shall, within 60 days of the audit:
(A) Certify that the facility is in
				compliance with its vegetation management plan, with no additional actions
				required; or
(B) Notify the
				facility that it is in noncompliance with the required vegetation management
				plan.
(2) If the Board
				finds that the facility is in noncompliance with the required vegetation
				management plan, the Board, or its designee, shall:
(A) Specify the areas of
				noncompliance;
(B) Identify
				corrective actions required; and
(C) Identify the timeframe within which
				noncompliance must be addressed to avoid suspension of incentives pursuant to
				the CSI Program.
iii. Approved CSI facilities that are found
				to be in non-compliance with the NJDEP's "Standards for the Use of
				Pollinator-Friendly Native Plant Species and Seed Mixes in Grid Supply and
				Select Net Metered Solar Facilities," and that have failed to take the
				corrective actions identified at (f)1ii(2) above within the timeframes
				specified, shall be notified by the Board or a program administrator duly
				retained by the Board of their suspension of incentives pursuant to the CSI
				Program, and conditions for restoration of the incentive.