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Farmland Solar Policy State Law Database

Find sample laws and regulations organized by category

This database provides examples of state laws, state agency regulations and guidance, and model laws related to farmland solar policy. Because laws governing renewable energy change very quickly, this database is NOT intended to reflect the most current law in any particular state. Rather, it is intended to to assist policymakers in identifying options for policy design and different frameworks for regulation of farmland solar development.

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Aggregated Net Metering

N.J.A.C. § 14:8-7.1 to 7.5, See esp. 7.3(c)

Establishes procedures for aggregating and calculating the combination of the annual energy usage for all facilities owned by a single customer within the net metering program. The system must be located on property owned by the eligible customer. The system may not be located on land that has been actively devoted to agricultural or horticultural use and taxed pursuant to the Farmland Assessment Act of 1964 at any time within the 10 years prior to July 23, 2012, unless the municipal planning board of a municipality in which the solar array is located waives the requirement.

State: New Jersey Region: Mid-Atlantic Type: Agency Regulation Categories: Energy Compensation, Farms, Net Metering

Agricultural Land Transfer Tax

COMAR 18.05.01.01 to .06

Sets out criteria for collection of the Agricultural Land Transfer Tax when land enrolled in the Agriculural Use Assessment is no longer eligible for enrollment due to change of use, or transfer or sale of the land.

State: Maryland Region: Mid-Atlantic Type: state-law Categories: Current Use Taxation, Farms

Agricultural Land Transfer Tax

Md. Code Ann., Tax–Prop. §§ 13-301 to 13-308 (2019)

Establishes the Agricultural Land Transfer Tax, which may be collected when land enrolled in the Agriculural Use Assessment is no longer eligible for enrollment due to change of use, or transfer or sale of the land.

State: Maryland Region: Mid-Atlantic Type: state-law Categories: Current Use Taxation, Farms

Agricultural Solar Tariff Generation Unit Guideline (MA SMART)

EOEEA, DOER, DAR (April 26, 2018)

Provides guidance regarding the manner in which a solar photovoltaic facility may qualify as an Agricultural Solar Tariff Generation Unit (“ASTGU”) under the Department of Energy Resource’s Solar Massachusetts Renewable Target (SMART) Program. Outlines design parameters, operational, and reporting requirements for AGSTUs, as well as procedures for waiving certain conditions.

State: Massachusetts Region: New England Type: Agency Guidance Categories: Agrivoltaics, Energy Compensation, Farms

Agricultural Use Assessments

COMAR 18.02.03.01 to .08

Regulations implementing the Maryland Agricultural Use Assessment. To enroll, farmland parcels must be larger than three acres unless certain criteria are met, and woodland parcels must be 5 acres to qualify. Residential uses such as farm houses and tenant houses are excluded from the assessment area and assessed at a residential property tax rate.

State: Maryland Region: Mid-Atlantic Type: state-law Categories: Current Use Taxation, Farms

Agricultural Use Assessments

Md. Code Ann., Tax–Prop. § 8-209 (2019)

Establishes the Maryland Agricultural Use Assessment. To enroll, farmland parcels must be larger than three acres unless certain criteria are met, and woodland parcels must be 5 acres to qualify. Residential uses such as farm houses and tenant houses are excluded from the assessment area and assessed at a residential property tax rate.

State: Maryland Region: Mid-Atlantic Type: state-law Categories: Current Use Taxation, Farms

Alternate Energy Production Facilities

I.C.A. §§ 476.41-.48 (2019)

Requires utilities to either (1) own alternate energy production facilities or small hydro facilities located in Iowa, or (2)
enter into long-term contracts to purchase or wheel electricity from alternate energy production facilities or small hydro facilities located in the utility’s service area. Establishes a program capacity cap of 105MW, to be divided among utilities.

State: Iowa Region: Plains Type: state-law Categories: Energy Compensation, Renewable Electricity Goals

Application Process and Base Compensation Rate Guidelines

EOEEA, DOER (Updated Jan. 18, 2019)

This Guideline provides information regarding the size of Capacity Blocks, Base Compensation Rates, and Compensation Rate Adders under the SMART Program, as those terms are defined in 225 CMR 20.02. It provides stakeholders with information on the amount of capacity available in each Capacity Block and the value of Base Compensation Rates for Solar Tariff Generation Units that are qualified within a particular Capacity Block. It explains these values for each specific Distribution Company and Generation Unit category. It also provides information on the value of Compensation Rate Adders under the SMART Program by type and adder tranche.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation, Location, Size

Assessment and Taxation of Agricultural and Horticultural Land

M.G.L. 61A §§ 1-24 (2016)

The Massachusetts “current use,” or Ch. 61A Program, provides for the taxation of land in agricultural or horticultural use at its use value, rather than market value. Solar energy systems are permitted on enrolled land when the land is used for agricultural or horticultural purposes and simultaneously used to site a renewable energy generating source that primarily serves the farm and generates not more than 125% of the farm’s electric needs.

State: Massachusetts Region: New England Type: state-law Categories: Agrivoltaics, Current Use Taxation, Farms

Certificate of Environmental Compatibility and Public Need

CT Gen. Stat. § 16-50k (2017)

Provides procedure for securing a Certificate of Environmental Compatibility and Public Need from the Connecticut Siting Council for proposed renewable energy projects greater than 1 MW. Solar arrays less than 65 MW in capacity can be approved by a declaratory ruling. The Dept. of Agriculture must represent in writing that a solar array larger than 2 MW in capacity located and located on prime farmland will not “materially affect the status of such land as prime farmland.”

State: Connecticut Region: New England Type: state-law Categories: Farms, Permitting, Size

Certificate of Public Good

30 V.S.A. § 248 (2019)

Vermont’s central permitting statute that guides the Public Utilities Commission’s issuance of a Certificate of Public Good for new gas and electric purchases, investments, and facilities, including new solar arrays. The permitting process includes consideration of impacts to farmland and a role for the Agency of Agriculture, Food and Markets in evaluating proposed projects.

State: Vermont Region: New England Type: state-law Categories: Farms, Permitting, Size

Clean and Renewable Energy and Energy Waste Reduction Act

Mich. Comp. Laws §§ 460.1001 et seq. (2017)

Sets a goal for 35% of the state’s electric needs to be met through a combination of energy waste reduction and renewable energy by 2025, and provides additional credit toward meeting this goal for electricity generated from solar energy, among other incentives.

State: Michigan Region: Great Lakes Type: State Law Categories: Renewable Electricity Goals

Competitively Solicited Long-term Contracts for Clean Energy

220 CMR 24.00

By April 1, 2017, all distribution companies were required to jointly and competitively solicit proposals for new clean energy generation and enter into cost-effective long-term contracts (15-20 years) for approximately 9,450,000 megawatt-hours of electricity annually. This obligation was additional to RPS obligations, but could be used to help meet RPS obligations.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation, Renewable Electricity Goals

Competitively Solicited Long-term Contracts for Renewable Energy

220 CMR 21.00

Required distribution utilities to conduct at least two joint or individual solicitations for long-term (10-20 years) contract proposals from new renewable energy developers between Jan. 1, 2013 and Dec. 31, 2016. This obligation was additional to Renewable Portfolio Standard obligations, but could be used to help meet Renewable Portfolio Standard obligations.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation, Renewable Electricity Goals

Connecticut Siting Council

CT Gen. Stat. § 16-50j (2014)

Establishes the Connecticut Siting Council, which issues certificates of environmental compatibility and public need to new electric generating facilities, inluding solar PV greater than 1MW in capacity.

State: Connecticut Region: New England Type: State Law Categories: Permitting, Size

Connecticut Siting Council Regulations

Regs. Conn. State Agencies §§ 16-50j-38 to 16-50j-40

Connecticut Siting Council regulations governing issuance of a Certificate of Environmental Compatibility and Public Need, required for solar installations greater than 1MW in capacity.

State: Connecticut Region: New England Type: state-law Categories: Permitting, Size

Credit to Residential Customers who Generate Electricity

CT Gen. Stat. § 16-243h (2019)

Requires utilities to give a per kilowatt-hour credit to customers that generate electricity from a Class I renewable generation source with a nameplate capacity of 2 MW or less, including solar. Credits carry over month to month until the end of an annualized period, when customers are compensated for excess kilowatt-hours at the utility’s avoided cost rate. Customers with systems less than 10 kW in capacity are exempt from competitive transition assessment and and system benefits charges.

State: Connecticut Region: New England Type: state-law Categories: Energy Compensation, Net Metering, Size

Current Use Taxation; Classification of Land as Farm Land

CT Gen. Stat. § 12-107(c) (2018)

Allows an owner of land to apply to the local tax assessor for classification as farm land. In deciding whether to classify the land as farm land for tax purposes, the assessor takes into account the acreage of the land, the portion used for farming or agricultural operations, its productivity, gross income derived, equipment used, and extent to which tracts are contiguous.

State: Connecticut Region: New England Type: state-law Categories: Current Use Taxation, Farms

Customer Net-Energy Billing

65-407 CMR ch. 313 (2019)

Defines the State’s rules surrounding Net-Energy Billing. In Investor Owned Utility territories, installations of up to 5 MW in capacity qualify for net-energy billing. In consumer-owned utility territories, installations up to 100 kW may qualify unless the utility elects to allow systems up to 5 MW. Customers receive either a “net energy billing-kilowatt-hour credit” or a “net energy billing-tariff rate” as compensation for excess generation.

State: Maine Region: New England Type: state-law Categories: Energy Compensation, Net Metering, Size

DE Net Energy Metering

26 Del. C. § 1014(d) (2019)

Requires the Public Service Commission and Delaware utilities to offer net metering to certain classes of customers. Most residential customers may enroll arrays up to 25 kW in capacity, while non-residential customers may enroll arrays up to 500 kW or 2 MW depending on the utility territory. To qualify, net metered arrays must be designed to produce no more than 110% of the host customer’s expected aggregate electrical consumption, based on the actual electrical usage over the prior 2 years. The net metering statute specifically defines “farm customers,” (as described in § 902(3) of Title 3), who may enroll arrays up to 100 kW or apply for a waiver to enroll a larger system if needed to meet the farm’s electric demand. The program also provides for “community” net metered facilities.

State: Delaware Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Farms, Net Metering, Size

DE Net Energy Metering

26 Del. Admin. C. § 3001-15.0 to 15.7 (2019)

Delaware regulations governing administration of the state’s net metering program. It specifies that a utility may cease enrolling new customers if aggregate net metered capacity exceeds 5% of the utility’s total electric supply. With respect to rate structure and monthly charges, net metered customers are charged rates identical to traditional customers, but may not be charged any stand-by fees or similar charges. The regulations specify that customers retain ownership of all associated Renewable Energy Certificates, unless the customer has relinquished ownership by contractual agreement with a third party.

State: Delaware Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Farms, Net Metering, Size

Decommissioning requirements for facilities subject to 30 V.S.A. § 248 (PUC Rule 5.900)

Vt. Admin. Code 18-1-22C:5.901 (2017)

This rule establishes the standard requirements for the decommissioning of electric generation facilities pursuant to 30 V.S.A. § 248(a)(5). This rule applies to all electric generation, including net-metered ground-mounted solar arrays greater than 15 kilowatts in capacity.

State: Vermont Region: New England Type: state-law Categories: Location, Permitting, Size

Deduction for Solar Powered Devices

IC § 6-1.1-12-26.1 (2012)

Exempts certain solar installations from real or personal property tax assessments if the array is compensated under the state’s net metering or feed-in tariffs for solar energy, or if the array primarily serves an on-site electric load.

State: Indiana Region: Great Lakes Type: state-law Categories: Other Tax Incentive

Distributed Resources Access Act

N.C.G.S.A. §§ 62-126.1, et. seq. (2017)

Provides for customer-sited solar arrays limited to a capacity of (i) not more than the lesser of 1,000 kW or 100% of contract demand if a nonresidential customer or (ii) not more than 20 kW or 100% of estimated electrical demand if a residential customer.
Systems must be intended only to offset no more than 100% of the customer generator lessee’s own retail electrical consumption on site. It instructs public utilities to file net metering rates for Commission approval. Sets a limit on the total installed capacity of all solar energy facilities on an offering utility’s system that are leased pursuant to the Act shall not exceed 1% of the previous five-year average of the North Carolina retail contribution to the offering utility’s coincident retail peak demand. Confirms Commission jurisdiction over electric generator-lessors.

State: North Carolina Region: Southeast Type: state-law Categories: Energy Compensation, Net Metering, Size

Electric Generation Interconnection Procedures (PUC Rule 5.500)

Vt. Admin. Code 18-1-21:5.502 (2019)

Public Utility Commission rules regarding interconnection of new electricity generating plants, including solar arrays, to the distribution grid.

State: Vermont Region: New England Type: Agency Regulation Categories: Interconnection, Size

Electric Renewable Portfolio Standard

N.H. Rev. Stat. §§ 362-F:1, et. seq. (2019)

Sets out the state’s renewable portfolio standard, requiring utilities to meet their load with 25.2% renewable electricity by 2025. New Hampshire’s RPS includes a “carve out” of 0.7% for new Solar PV, which is classified as a Class II resource.

State: New Hampshire Region: New England Type: State Law Categories: Renewable Electricity Goals

Energy Facility Siting Act

RI Gen Laws § 42-98-1 et seq. (2013)

Requires that any major energy project, including electric generating facilities of 40 MW in capacity or greater, obtain a permit from the siting board, which must hold at least one public hearing regarding any proposed project. Other state agencies and political subdivisions act at the direction of the board to render advisory opinions on issues within their expertise.

State: Rhode Island Region: New England Type: state-law Categories: Governance, Permitting, Size

Energy Supply and Production: Co-generation, small hydro, and alternate energy production facilities

NY Energy § 21-106 (1990)

Subjects certain energy generation facilities, including solar arrays up to 80 MW, to the NY Public Service Law and preempts the authority of other state departments, boards, agencies, and political subdivisions to require approvals or certifications for the energy facilities, with certain exceptions.

State: New York Region: Mid-Atlantic Type: state-law Categories: Governance, Permitting, Size

Exemption from Taxation for Certain Renewable Energy Installations

NY RP Tax § 487 (2019)

Exempts certain renewable energy systems, including solar arrays, from property taxation, while enabling towns to pass an ordinance to opt out of the exemption.

State: New York Region: Mid-Atlantic Type: state-law Categories: Governance, Other Tax Incentive

Farmland Assessment Act of 1964

N.J.S.A. §§ 54:4-23.1 - 54:4-23.24 (2011)

New Jersey’s Farmland Assessment Act allows land to be taxed at its use-value when it is a minimum of 5 acres in area and has been actively devoted to agricultural or horticultural use for at least 2 years and meets minimum income requirements of $1,000 annually, with an additional $5.00 in minimum income required for each additional acre. Uses must be consistent with Generally Accepted Practices established in § C.54:4-23.3d. The statute specifies that “agricultural use shall also include biomass, solar, or wind energy generation, provided that the biomass, solar, or wind energy generation is consistent with the provisions of P.L.2009, c. 213 (C.4:1C-32.4 et al.), as applicable.”

State: New Jersey Region: Mid-Atlantic Type: state-law Categories: Current Use Taxation, Farms

Farmland Assessment Act Regulations

N.J.A.C. § 18:15, See esp. N.J.A.C.§§ 18:15-1.1 and -7.1 (2016)

Regulations implementing the NJ Farmland Assessment Act that describe the application and approval process for enrolling land. Land under the farmhouse, lawns, flower gardens, swimming pools, tennis courts, and similar purposes are excluded from enrollment, but land under “readily dismantled” structures, such as greenhouses and hoophouses, is not excluded. Land under a solar array is eligible for enrollment if it otherwise meets basic requirements for enrollment, the array is used to power the farm or agricultural operations, the acreage devoted to energy generation doesn’t exceed a 1:5 ratio compared to land in agricultural use, and the property under the array is used to the greatest extent practicable for dual uses like shade crops or grazing. Solar arrays may not exceed 10 acres of land use or 2 MW in capacity. Income from the array is not agricultural income for purposes of enrollment eligibility.

State: New Jersey Region: Mid-Atlantic Type: state-law Categories: Agrivoltaics, Current Use Taxation, Farms, Size

Green Communities Program

M.G.L. 25A § 10 (2016)

Creates the Massachusetts Green Communities Program, which makes up to $20M of total funding and technical assistance for renewable energy and energy efficiency available to municipalities if 5 criteria are met. Municipalities must agree to reduce municipal energy consumption by 20% over 5 years, pass as-of-right renewable energy zoning ordinances, establish an expedited (1-year) permitting process for renewable energy, consider use of fuel efficient vehicles, and adopt the MA stretch building code for energy efficiency to qualify.

State: Massachusetts Region: New England Type: State Law Categories: Governance, Permitting

Green Energy Program

7 Code Del. Regs. § 2103

Delaware’s Green Energy Program creates and offers grants through Delaware’s utilities to offset the installed cost of photovoltaic, solar water heating, wind, and geothermal renewable energy technologies. Funds are limited and subject to availability.

State: Delaware Region: Mid-Atlantic Type: Agency Regulation Categories: Other

Gross Receipts Exempt from Sales and Use Taxes

RI Gen Laws § 44-18-30 (2018)

Provides an exemption from the state’s sales tax for renewable energy products, including solar PV cells.

State: Rhode Island Region: New England Type: state-law Categories: Other Tax Incentive

Guideline on Establishing SMART Compensation Rates

EOEEA, DOER (April 18, 2019)

Clarifies that there are two situations under which the Compensation Rate of a Solar Tariff Generation Unit (STGU) may be manually set: (1) a blended rate may be used for multiple STGUSs qualifying for different Compensation Rates that are being interconnected behind the same retail meter, and (2) if more than one standalone STGU is qualified on one parcel or across contiguous parcels and the combined capacity of the STGUs does not exceed 5 MW AC, the Base Compensation Rate is established using the total combined capacity of the STGUs.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation

Guideline Regarding Low Income Generation Units

EOEEA, DOER (April 26, 2018)

Provides information regarding qualification as a low-income project under the Massachusetts SMART program. Qualification may be available for a Solar Tariff Generation Unit and/or the real property to which the Unit provides 100% of the electricity or net metering credits it generates.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation

Guideline Regarding the Definition of "Brownfield"

EOEEA, DOER, DEP (April 26, 2018)

Provides guidance regarding the manner in which a property may qualify as a “Brownfield” under the Department of Energy Resource’s SMART Program. A determination as to whether a project is located on a Brownfield is made by the Department, in consultation with MassDEP. The final determination as to whether the regulatory definition of Brownfield is satisfied is made in the Statement of Qualification Application process pursuant to 225 CMR 20.00.

State: Massachusetts Region: New England Type: Agency Guidance Categories: Energy Compensation, Location

Homebuyer Solar Option and the Solar Offset Program

20 CCR § 2700-2704

Requires new residential developments of 50 or more homes to offer a solar energy system option to all prospective buyers or install an offset solar energy system that will produce enough electricity to cover the estimated electric load of 20% of the developed homes. The Solar Offset Bank allows developers to aggregate offset systems an apply them to mulitiple subdevelopments in different locations.

State: California Region: Pacific West Type: Agency Regulation Categories: Renewable Electricity Goals

Implementation of a Renewable Energy Standard

810-RICR-40-05-2

Sets out detailed regulations implementing Rhode Island’s renewable energy standard, which aims to acheive 38.5% renewable electricity consumption in Rhode Island by 2035.

State: Rhode Island Region: New England Type: Agency Regulation Categories: Renewable Electricity Goals

Interconnection and Net Metering of Customer-Owned Renewable Generation.

Fla. Admin. Code r. 25-6.065

Allows net metering of customer-owned renewable generation with a gross power rating that: (1) does not exceed 90% of the customer’s utility distribution service rating; and (2) falls within one of the following ranges: Tier 1 — 10 kW or less; Tier 2 — greater than 10 kW and less than or equal to 100 kW; or
Tier 3 — greater than 100 kW and less than or equal to 2 MW. It further requires that each investor-owned utility file a Standard Interconnection Agreement for expedited interconnection of customer-owned renewable generation up to 2 MW.

State: Florida Region: Gulf Coast Type: state-law Categories: Energy Compensation, Interconnection, Net Metering, Size

LA Net Energy Metering

LSA-R.S. § 51:3063 (2008)

Requires electric utilities that offers residential or commercial electrical service to allow net energy metering facilities to be interconnected and instructs the Louisiana Public Service Commission to establish appropriate rates, terms, and conditions for net energy metering contracts.

State: Louisiana Region: Gulf Coast Type: state-law Categories: Energy Compensation, Net Metering

Land Use Value Appraisal Program

32 V.S.A. §§ 3750-3763 (2017)

Vermont’s “current use,” or Land Use Value Appraisal Program, provides for the taxation of land in agricultural use at its agricultural value, rather than market value. Solar energy systems are permitted on enrolled land when they meet the definition of “farm improvement,” which is presumed if 50% of the generated energy is used by enrolled farm buildings.

State: Vermont Region: New England Type: state-law Categories: Current Use Taxation, Farms, Size

Long-term contracts re zero emission generation projects; Solicitation of Class I generation projects; Renewable energy credits

CT Gen. Stat. § 16-244r (2019)

Instructs distribution utilities to solicit long-term contracts with owners or developers of behind-the-meter Class I generation projects less than 1 MW in capacity for purchase of the Renewable Energy Certificates (REC) produced by these projects. Solar arrays less than 1 MW would qualify for a contract.

State: Connecticut Region: New England Type: state-law Categories: Energy Compensation, Renewable Electricity Goals, Size

MA Net Metering Regulations

220 CMR 18.00

DPU regulations establishing the responsibility of distribution companies to customers and the calculation and allocation of net-metering credits. Massachusetts does not distinguish between standard net metering and “virtual” or “group” net-metering.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation, Net Metering

MA Net Metering

M.G.L. 164 §§ 138-139 (2016)

Establishes the Massachusetts net metering program, which allows enrollment of solar arrays up to 2 MW in capacity for private facilities and 10 MW for public facilities. Facilities less than 10 kW on a single-phase circuit or 25 kW on a 3-phase circuit are exempt from the aggregate 7% private cap and 8% public cap allocated between distribution companies. Per kilowatt-hour net metering credit values vary based on system type. The statute defines an “agricultural net metering facility” as up to 2 MW in capacity, operated as part of an agricultural business, located on land owned or controlled by the agricultural business, and used to provide energy to metered accounts of the business. Certain solar net metering facilities generate market net metering credits equal to 60% of the net excess kilowatt hours produced, rather than standard net metering credits.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation, Farms, Net Metering, Size

MA Zoning Enabling Act

M.G.L. 40A § 17 (2016)

The Massachusetts Zoning Act sets limits on municipal zoning authority. It mandates that “no zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare.”

State: Massachusetts Region: New England Type: State Law Categories: Governance

MD Net Energy Metering

COMAR 20.50.10.01 to 10.08

Regulations implementing Maryland’s net metering program, which allows systems up to 2 MW in capacity, so long as the system is limited to the capacity needed to meet 200% of annual baseline customer electricity usage. The net metering program capacity cap is 1,500 MW. Maryland allows meter aggregation for agricultural customers, non-profit organizations, and municipal governments or their affiliates.

State: Maryland Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Farms, Net Metering

MD Net Energy Metering

Md. Code, Pub. Util. § 7-306(d) to (g) (2019)

Establishes Maryland’s net metering program, allowing systems up to 2 MW in capacity, so long as the system is limited to the capacity needed to meet 200% of annual baseline customer electricity usage. The net metering program capacity cap is 1,500 MW. Maryland allows meter aggregation for agricultural customers, non-profit organizations, and municipal governments or their affiliates.

State: Maryland Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Farms, Net Metering, Size

ME Net Energy Billing

35-A M.R.S.A. §3209-A (2019)

Establishes Maine’s Net Energy Billing program, which allows up distribution utility customers to be compensated for customer-sited distributed energy resources with a nameplate capacity of less than 5 MW. Up to 10 meters may share energy from an eligible array.

State: Maine Region: New England Type: state-law Categories: Energy Compensation, Net Metering

Model Ordinance Templates: Zoning and Taxation

Office of Energy Resources and Division of Statewide Planning (Feb. 2019)

Provides zoning and taxation templates for municipalities interested in regulating solar energy system development. The zoning template outlines typical siting issues and impacts which should be reviewed and offers guidance for municipalities to consider when approving solar arrays. It also includes an inventory of adopted municipal solar related ordinances in Rhode Island, with links to adopted standards included in Appendix A.

State: Rhode Island Region: New England Type: state-law Categories: Governance, Permitting

Model Solar Zoning Ordinance

NHSEA (April 2018)

Model solar zoning ordinance available to assist municipalities in NH with establishing local solar development regulations. Discusses solar development in diverse zones including low-density residential agricultural, high density village zoning, commercial and industrial zones.

State: New Hampshire Region: New England Type: Model Law Categories: Governance, Location, Permitting

Model Zoning for the Regulation of Solar Energy Systems

MA Department of Energy Resources (2014)

Model Solar Zoning Bylaw developed by the Massachusetts Division of Green Communities for adoption by municipalities. It defines solar arrays as roof- or ground-mounted and small-scale (up to 1,750 sq. ft of surface area), medium-scale (between 1,750 and 50, 000 sq. ft.), and large-scale (more than 50,000 sq. ft.). It recommends: “In regard to farm properties, rooftops are preferable. If roof space is inadequate nonproductive, non-arable agricultural land is the second choice. Should this also prove infeasible or inadequate a dual use of land design concept could preserve productive farmland by continuing crop production underneath high-mounted and well spaced panels. Finally, if none of these are feasible or they are inadequate the least productive land should be used first to minimize the loss of productive food/crop land.”

State: Massachusetts Region: New England Type: state-law Categories: Farms, Location, Permitting, Size

Neighborhood Net Metering Facilities

M.G.L. 164 § 140 (2008)

Provides a process for the election of “neighborhood net metering,” under which excess per-kilowatt-hour net metering credits can be shared between customers having an ownership interest in the facility, if they reside in the same neighborhood and are served by the same distribution company.

State: Massachusetts Region: New England Type: state-law Categories: Energy Compensation, Net Metering

Net Metering for Customer-Owned Renewable Energy Generation Resources of 1,000 KW or less

N.H. Code Admin. R. PUC 900

Public Utilities Commission rules for the net metering program. Rates, costs, and requirements differ for a “small customer-generator” with a peak generating capacity not exceeding 100 kW and a “large customer-generator” with peak generating capacity between 100 kW and 1 MW. Group net metering is allowed for one or more members of the same distribution utility who have signed an agreement with a host as required by RSA 362-A:9, XIV. A group can include a host and a member that are the same entity or person.

State: New Hampshire Region: New England Type: Agency Regulation Categories: Energy Compensation, Net Metering, Size

Net Metering Standards

N.J.S.A. § 48:3-87(e)(1) and (e)(4) (2019)

Net metering is available for systems sized so that energy production does not exceed customer’s annual on-site energy consumption. The current cap on net metering is 5.8% of the total kilowatt hours sold in the state. Generally excess kilowatt-hours arecredited to customer’s next bill at retail rate with the excess reconciled annually at an avoided-cost rate. Customers own associated Renewable Energy Credits.

State: New Jersey Region: Mid-Atlantic Type: State Law Categories: Energy Compensation, Net Metering

New York State Energy Research and Development Authority

NY Pub. Auth. §§ 1850-1883 (2014)

Establishes NYSERDA to promote research and development, energy efficiency and the use of renewable energy sources in New York State. NYSERDA is governed by a 13-member Board. It offers an “agricultural energy audit,” the “green residential building program,” and resources for “clean energy siting for local governments,” among other programs.

State: New York Region: Mid-Atlantic Type: state-law Categories: Governance

NH Net Energy Metering

N.H. Rev. Stat. § 362-A:9 (2019)

New Hampshire’s net metering statute requires each electric distribution utility to develop standard tariffs providing for net energy metering for projects up to 1 MW in conformance with Public Utilities Commission rules and orders. It establishes a program capacity cap of 100 MW, divided among the state’s utilities. Program capacity carve outs are established for systems less than 100 kW and for systems between 100 kW and 1 MW. It sets out requirements for net metering rates, provides for group net metering and a low-moderate income rate adder, and specifies that associated Renewable Energy Certificates remain the property of the customer-generator until such credits are sold or transferred. See also, Order No. 26,029.

State: New Hampshire Region: New England Type: state-law Categories: Energy Compensation, Net Metering, Size

NJ Net Metering for Class I Renewable Energy

N.J.A.C. § 14:8-4.1 to 4.5, See esp. 4.3(b)

Requires that Electric Distribution Companies establish a tariff offering net metering to customers on a first-come, first-served basis for systems sized to meet the customer’s annual on-site energy consumption. Sets out requirements for metering and billing of customers enrolled in net metering.

State: New Jersey Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Net Metering, Size

NY Clean Energy Standard (CES)

NYPSC Case 15-E-0302 (August 1, 2017)

New York Public Service Commission Order creating a Clean Energy Fund and adopting the state’s Clean Energy Standard goal of having 50% of New York’s power generated by renewables by 2030.

State: New York Region: Mid-Atlantic Type: Agency Regulation Categories: Renewable Electricity Goals

NY Net Energy Metering

NY Pub. Serv. § 66-j (2016)

New York allows net metering of residential solar arrays up to 25 kW in capacity and up to 100 kW in capacity for solar arrays that power a farm operation, as defined in the agriculture and markets law. Non-residential customers may net meter arrays up to 2 MW. Each electric utility corporation must accept net-metered projects until the aggregate net-metered capacity reaches 1% of the utility’s electric demand in 2005, but is not prohibited from accepting additional capacity. Upgrade costs are limited to $350 for residential net-metered facilities up to 25 kW.

State: New York Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Farms, Net Metering, Size

Planning and Zoning Purposes

N.H. Rev. Stat. § 672:1 - 674:2 (2019)

Recognizes local government authority over planning and zoning regulation, and declares a statewide interest in energy efficient development patterns, including access to direct sunlight for solar energy uses. Declares that solar and other renewable energy systems shall not be unreasonably limited by use of municipal zoning power or by the “unreasonable interpretation” of such powers except where necessary to protect the public health, safety, and welfare. “Unreasonable interpretation” includes failure of municipal authorities to recognize that renewable energy systems are accessory uses and that prohibition of such accessory uses cannot be inferred from an ordinance that does not specifically address such uses. Also enables municipalities to include an energy section in their master plans.

State: New Hampshire Region: New England Type: State Law Categories: Governance, Location, Permitting

Pollinator-friendly Solar Generation Standard

6 V.S.A. §§ 5101-5102 (2017)

Vermont established a voluntary standard for pollinator-friendly habitat on solar sites. To be labeled pollinator friendly, solar installers must complete and abide by a solar site pollinator scorecard.

State: Vermont Region: New England Type: State Law Categories: Agrivoltaics, Design

Primary Agricultural Soils Definition

10 V.S.A. § 6001 (2017)

The definition of “Primary Agricultural Soils” relevant to the siting of solar energy systems is found within the State Land Use and Development Plans definitions section.

State: Vermont Region: New England Type: State Law Categories: Farms

Public Utility Title Definitions

HI Rev. Stat. § 269-1 (2019)

(1) Shall establish appropriate rates, terms, and conditions for net energy metering contracts.

State: Hawaii Region: Pacific West Type: State Law Categories: Permitting, Renewable Electricity Goals

Purposes of Zoning Ordinances

N.H. Rev. Stat. § 674:17 (2011)

Enables municipalities to adopt zoning ordinances designed to encourage installation of solar and other renewable energy systems and to protect access to energy sources by the regulation of orientation of streets, lots and buildings, establishment of height and setback requirements, limitation on height and setback of vegetation, and encouragement of the use of solar skyspace easements.

State: New Hampshire Region: New England Type: State Law Categories: Governance, Location, Permitting

Qualifying Facilities and On-site Generating Facilities

220 CMR 8.00

Governs the rates, terms and conditions, and payments for sales of electricity between distribution companies and qualifying facilities up to 80MW in capacity or on-site generating facilities of 60kW in capacity or less. Includes specific conditions for interconnection, metering, and payments to eligible systems. Rate calculations and customer charges differ for systems 60kW or less, systems between 60kW and 1MW, and systems 1MW or greater. Implements the provisions of the Public Utility Regulatory Policies Act of 1978 (PURPA), Title II, Sections 201 and 210, and regulations promulgated by the Federal Energy Regulatory Commission in 18 C.F.R. 292.

State: Massachusetts Region: New England Type: Agency Regulation Categories: Energy Compensation, Size

Real and Personal Property Tax Exemption

32 V.S.A. § 3845 (2017)

Vermont towns are given the option of offering an exemption from municipal and personal property taxes for renewable energy systems, including solar. Adoption and implementation of this tax exemption varies by municipality.

State: Vermont Region: New England Type: State Law Categories: Other Tax Incentive

Recording of Solar Energy Easements

NY Real Prop. § 335-b (1979)

Provides that “any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements,”

State: New York Region: Mid-Atlantic Type: state-law Categories: Location, Solar Easement

Regulations Pertaining to Construction and Operation of Net-Metering Systems (PUC Rule 5.100)

Vt. Admin. Code 18-1-17:5.101 (2017)

Public Utility Commission rules regarding the implementation of Vermont’s net-metering program, including the definition and treatment of Category 1- Category 4 systems based on preferred solar array size and location.

State: Vermont Region: New England Type: Agency Regulation Categories: Energy Compensation, Net Metering

Renewable Energy and Efficient Energy Finance Program

CT Gen. Stat. § 16-245aa (2014)

Creates a dedicated account within Connecticut’s Clean Energy Fund for grants, investments, loans or other forms of financial assistance for the purchase and installation of renewable energy or efficient energy systems, including solar energy.

State: Connecticut Region: New England Type: State Law Categories: Other

Renewable Energy Definitions

30 V.S.A. § 8010 (2018)

Establishes common definitions for Vermont’s renewable energy programs.

State: Vermont Region: New England Type: State Law Categories: Other

Renewable Energy Generation Sources

CT Gen. Stat.§ 16-244v (2014)

Allows submission of proposals for Class I renewables between 1 and 5MW, with an aggregate capacity limit of 10MW per electric distribution company. Preference is given to “proposals that make efficient use of existing sites and supply infrastructure.”

State: Connecticut Region: New England Type: State Law Categories: Location, Permitting, Renewable Electricity Goals, Size

Renewable Energy Portfolio Standards

CT Gen. Stat. § 16-245a (2019)

Establishes Connecticut’s renewable portfolio standard, requiring 40% of electricity distributed by electric utilities to be generated from Class I resources, with an additional 4% generated from Class I or Class II resources. Solar PV is considered a Class I renewable energy source.

State: Connecticut Region: New England Type: State Law Categories: Renewable Electricity Goals

Renewable Energy Sales and Use Tax Exemption

32 V.S.A. § 9741(46) (2017)

This sales and use tax exemption applies to systems up to 500kW in capacity that generate electricity using eligible renewable energy resources, including solar (as defined under 30 V.S.A §8002). The exemption is available for both grid-tied and off-grid systems.

State: Vermont Region: New England Type: State Law Categories: Other Tax Incentive, Size

Renewable Energy Standard

30 V.S.A. § 8004 (2015)

Act 56 of 2015 established Vermonts Renewable Energy Standard (RES). The RES sets out three tiers of standards for utilities, designed to achieve the Comprehensive Energy Plan goals. It incldues a 10% carve-out for small distributed generation, including solar.

State: Vermont Region: New England Type: State Law Categories: Renewable Electricity Goals

Renewable Energy Standard

RI Gen Laws § 39-26-1 et seq. (2004)

Sets out the state renewable energy standard, including duties of the Public Utilities Commission, and creates the renewable energy development fund. Aims to acheive 38.5% renewable electricity consumption in Rhode Island by 2035.

State: Rhode Island Region: New England Type: State Law Categories: Renewable Electricity Goals

Renewable Energy Standard

HI Rev. Stat. §§ 269-91:96 (2015)

State: Hawaii Region: Pacific West Type: State Law Categories: Renewable Electricity Goals

Renewable Energy Standards and Net Metering

C.R.S. § 40-2-124 (2019)

Establishes Colorado’s renewable energy standard, requiring that 30% of retail electricity sales in Colorado for the years 2020 and thereafter be met from qualifying resources, with at least 3% met through distributed generation, including solar PV. This section also establishes Colorado’s net metering program.

State: Colorado Region: Rocky Mountains Type: State Law Categories: Net Metering, Renewable Electricity Goals

Renewable Portfolio Standard

N.J.S.A. § 48:3-87(d) (2018)

New Jersey’s RPS requires that 50% of electricity come from Class I renewables by 2030. This includes a 5.1% carve out for solar-electric by 2021, which gradually reduces to 1.1% by 2031. In December 2019, the NJ BPU approved a transition incentive for solar projects that go live after the solar carve-out is reached, known as Transition Renewable Energy Certificates (TRECs). TRECs will assign different value to projects based on size and location.

State: New Jersey Region: Mid-Atlantic Type: State Law Categories: Location, Renewable Electricity Goals

Renewable Portfolio Standard

N.J.A.C. § 14:8-7.1 to 7.5, See esp. 7.3(c)

Regulations implementing New Jersey’s RPS, which requires that 50% of electricity supplied in the state come from eligible renewable sources by 2030. Each megawatt-hour of retail electricity supplied in New Jersey by a service provider subject to the RPS carries with it an accompanying solar obligation calculated by multiplying its total retail sales by the applicable percentage requirement for solar. This SREC requirement will close when 5.1% of the total amount of energy sold in the state is derived from solar power, or by June 2021 – whichever comes first. Regulations specify that “a proposed grid supply facility that is not located on a brownfield, properly closed sanitary landfill facility, or area of historic fill must satisfy [additional] requirements… for the energy it generates to serve as the basis for creation of an SREC. Applications for grid supply facilities on farmland shall be rejected.”

State: New Jersey Region: Mid-Atlantic Type: state-law Categories: Farms, Location, Renewable Electricity Goals

Requirements for Petitions to Construct Electric and Gas Facilities Pursuant to 30 V.S.A. § 248 (PUC Rule 5.400)

Vt. Admin. Code 18-1-20:5.400 (2017)

Public Utility Commission rules regarding petitions for a Certificate of Public Good for solar arrays and other electricity generation plants that do not qualify for net-metering.

State: Vermont Region: New England Type: Agency Regulation Categories: Permitting, Size

Residential Solar Investment Program and Solar Home RECs

CT Gen Stat § 16-245ff (2019)

Directs the Connecticut Green Bank to structure and implement a residential solar investment program to support deployment of 350 megawatts of new residential solar photovoltaic installations located in Connecticut by December 31, 2022 and creates “Solar Home Renewable Energy Credits (SCHRECs)” to represent the environmental attributes of qualifying projects. RECs from projects receiving an incentive under this program are owned by the Green Bank and used to meet utilities’ Renewable Portfolio Standard obligations under the Master Purchase Agreement.

State: Connecticut Region: New England Type: State Law Categories: Renewable Electricity Goals

RI Net Metering

RI Gen. Laws § 39-26.4-1 et. seq. (2017)

Rhode Island’s net metering statute, which allows all buildings associated with a farm to be eligible for net-metering.

State: Rhode Island Region: New England Type: state-law Categories: Energy Compensation, Farms, Net Metering

Self Generation and Net-Metering

30 V.S.A. § 8010 (2018)

Establishes Vermont’s net-metering program. directs program rulemaking, and requires that net-metering applications be forwarded to the Agency of Agriculture, Food and Markets.

State: Vermont Region: New England Type: State Law Categories: Energy Compensation, Location, Net Metering, Size

Siting of Major Electric Generating Facilities

NY Pub. Serv. Art. 10 (2011)

Article 10 provides for the siting review and issuance of a certificate of environmental compatibility and public need for new and repowered or modified major electric generating facilities (nameplate capacity of 25MW or more) in New York State by the Board on Electric Generation Siting and the Environment (Siting Board) in a unified proceeding instead of requiring a developer or owner of such a facility to apply for numerous state and local permits. The authority of other state agencies and municipalities is expressly preempted in Art. 10, §172.

State: New York Region: Mid-Atlantic Type: State Law Categories: Governance, Permitting

SMART Land Use and Siting Guideline

EOEEA, DOER (April 26, 2018)

The SMART Program incorporates land use and siting criteria into the design of the program. When siting a Solar Tariff Generation Unit (STGU), multiple site characteristics must be taken into account, including: zoning, existing use and development, site characteristics such as natural resources and topography, STGU design, STGU size, and STGUs sited on the same or contiguous parcels. This guidance sets out Category 1, Category 2, and Category 3 land uses, identifies ineligible land uses, describes the “greenfield subtractor,” and addresses project segmentation.

State: Massachusetts Region: New England Type: Agency Guidance Categories: Design, Energy Compensation, Location, Size

Solar Access Law

30-A M.R.S.A. 187, § 4405 (1989)

Enables municipalities to protect access to direct sunlight for solar arrays when creating subdivision regulations.

State: Maine Region: New England Type: state-law Categories: Governance, Solar Access

Solar Energy Devices; Ordinances

30-A M.R.S.A. § 3013 (2009)

Requires that any “municipal ordinance, bylaw or regulation adopted after September 30, 2009 that directly regulates the installation or use of solar energy devices on residential property must comply with the requirements of Title 33, chapter 28-A.” This ensures that ordinances, deeds, and HOA agreements do not prohibit residential-scale solar and defines certain reasonable restrictions for solar.

State: Maine Region: New England Type: state-law Categories: Governance, Solar Access

Solar Massachusetts Renewable Target (SMART) Program

225 CMR 20

The SMART program is a declining block program in which incentive levels decline by prescribed amounts over up to eight blocks per Electric Distribution Company (EDC) territory, with set-asides for small projects (≤ 25 kW AC) in each block. SMART has rate adders and subtractors that change the rate if features such as Energy Storage, Community Solar, or various location-based installations are proposed. Fixed rates are paid to the PV system owner for either 10 years (for ≤ 25 kW AC) or for 20 years (for >25 kW AC).The compensation structure is different for behind-the-meter and standalone systems and can vary depending whether the system is metered through Net Metering Tariffs, Qualifying Facility Tariffs, or the Alternative On-Bill Credit mechanism (via SMART Tariffs). There are specific procedures for issuing payments to generators, metering, and enrollment, and the incentive is paid directly by the EDC to the system owner, following the approval by the Solar Program Administrator. Agricultural Solar Tariff Generation Units sited on farmland and designed as agrivoltaic or dual use systems are eligible for a rate adder.

State: Massachusetts Region: New England Type: state-law Categories: Agrivoltaics, Design, Energy Compensation, Farms, Location, Size

Solar Property Tax Exemption

32 V.S.A. § 3802(17) (2017)

Net-metered and off-grid solar generating facilities with a capacity of <50kW are exempt from statewide education tax and municipal property taxes.

State: Vermont Region: New England Type: State Law Categories: Other Tax Incentive, Size

Solar Rights

33 M.R.S.A. § 1423 (2009)

Ensures that ordinances, deeds, and HOA agreements do not prohibit residential-scale solar and defines certain reasonable restrictions for solar, including: public health and safety; preventing damage to buildings from damage; historic or aesthetic values, when an alternative of reasonably comparable cost and convenience is available; or protection of shorelands under shoreland zoning provisions.

State: Maine Region: New England Type: state-law Categories: Governance, Solar Access

Solar Skyspace Easements

N.H. Rev. Stat. §§ 477:49 - 4:77:51 (1985)

Allows municipalities to enact planning and zoning regulations that protect access to energy sources and that encourage the use of solar skyspace easements, and provides statutory language options for easement creation.

State: New Hampshire Region: New England Type: state-law Categories: Governance, Location, Solar Easement

Standard Offer Program

30 V.S.A. § 8005a (2019)

The Standard-Offer Program promotes the rapid deployment of renewable generation facilities with a nameplate capacity of 2.2 MW or less and is implemented through Public Utility Commission Orders in Dockets 7523, 7533, 7780, 7873, and 7874.

State: Vermont Region: New England Type: State Law Categories: Energy Compensation, Size

State Energy Planning Board

NY Energy, Art. 6 (2011)

Establishes a state energy planning board, consisting of representatives from state agencies, including the commissioner of agriculture, and regional planning council members. The board is responsible for adopting a state energy plan forecasting 10-year energy supply and demand and providing guidance to the public and private sector. Energy -related actions by other state authorities must be reasonably consistent with the energy plan.

State: New York Region: Mid-Atlantic Type: state-law Categories: Governance

State Energy Policy

NY Energy § 3-101 (2013)

Sets out energy policy priniciples for the state, including the acceleration of renewable energy development and use within the state and the protection of environmental values and agricultural heritage.

State: New York Region: mid-atlantic Type: State Law Categories: Farms, Governance

State of New York Board on Electric Generation Siting and the Environement

Power NY Act of 2011, Bill No. A08510 (2011)

The Power NY Act of 2011 established a process for the siting of electric generating facilities and re-powering projects. As part of the process, a multi-agency Siting Board is charged with streamlining the permitting process for power plants of 25 megawatts (MW) or greater. The Power NY Act also encourages investments in clean power plants and affords communities more opportunities to participate in the siting process.

State: New York Region: Mid-Atlantic Type: State Law Categories: Governance, Permitting

Statewide Greenhouse Gas Emissions Limits

NY Envir. Conser. §§ 75-0101 et. seq. (2020)

Instructs the Dept. of Environmental Conservation to establish statewide greenhouse gas emissions limists as a percentage of 1990 emissions, such that the staet is limited to 60% of 1990 emissions by 2030 and 15% of 1990 emissions by 2050. Sources of emissions in the electric generation sector are not eligible to participate in any alternative compliance mechanisms.

State: New York Region: Mid-Atlantic Type: State Law Categories: Renewable Electricity Goals

Statewide Planning Program

RI Gen Laws § 42-11-10 (2019)

Establishes the central planning agency and program for Rhode Island. The State Planning Council, comprised of federal, state, local, public representatives, and the staff of the Department of Administration Division of Statewide Planning. The program objectives are to: advise and prepare long term policy for the State within the State Guide Plan, coordinate activities of the public /private sectors within the framework of the State Guide Plan, assist municipal governments with planning, and advise the Governor and others on physical, social, and economic planning related topics. This includes the production of renewable energy facility siting guidelines under § 42-11-10-(f)(7).

State: Rhode Island Region: New England Type: State Law Categories: Governance

Statutory definitions: "agriculture" and "farming"

CT Gen. Stat. § 1-1 (2019)

Provides statutory definition of “agriculture” and “farming” referred to in other energy statutes.

State: Connecticut Region: New England Type: State Law Categories: Farms

Sustainable Energy Loan Program

NY Gen. Mun. § 119-gg (2017)

Grants municipalities the authority to establish a sustainable energy loan program to finance the installation of renewable energy systems, energy efficiency improvements, energy audits and feasibility studies for renewable energy within municipal limits.

State: New York Region: Mid-Atlantic Type: state-law Categories: Other

Taxation of Farm, Forest, and Open Space Land

RI Gen Laws § 44-27-1 et seq. (1980)

Governs Rhode Island’s “Current Use” taxation program for farms, forests, and open space. Farmland used for renewable energy siting is not subject to a land use change tax if the landowner converts not more than 20% of the total acreage of land, and may convert additional acreage without penalty if it sites a dual use renewable energy systyem.

State: Rhode Island Region: New England Type: state-law Categories: Array Characteristics, Current Use Taxation, Design, Farms

Uniform Capacity Tax Exemption

32 V.S.A. § 8701(c) (2015)

The Uniform Capacity Tax applies to renewable energy plants with a capacity of 50kW or more. Systems less than 50kW are exempt from this tax, providing an incentive for smaller systems.

State: Vermont Region: New England Type: State Law Categories: Other Tax Incentive, Size

VA Net Energy Metering

Va. Code §§ 56-594 et. seq. (2019)

Establishes net metering in Virginia and specifically provides for an “eligible agricultural customer-generator,” who may net meter a renewable energy generating facility up to 500 kW as part of an agricultural business when it primarily provides energy to metered accounts of the agricultural business. The business may aggregate multiple meters under the same account, provided that the same utility serves all such meters.

State: Virginia Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Farms, Net Metering, Size

VA Net Metered Energy

20 VAC 5-315-50

Administrative regulations governing Virginia’s net metering program, which specifically define an “eligible agricultural customer-generator.”

State: Virginia Region: Mid-Atlantic Type: state-law Categories: Energy Compensation, Farms, Net Metering

Valuation of Agricultural, Horticultural, and Forest Use Land

9 Del. C. §§ 8328 – 8337 (1999)

Delaware’s “Current Use” statute allows land which is actively devoted to agricultural, horticultural or forest use to be taxed at use-value. To be eligible, land must have been devoted to the specified use for at least 2 years immediately preceding the relevant tax year. When more than 10 acres is enrolled, gross sales from the land use must average $1,000 per year, and when less than 10 acres is enrolled, gross sales from the land use must averaged $10,000 per year. Enrolled land includes land under barns, greenhouses and similar structures, as well as land under waterways, but excludes land under and used in connection with the farmhouse. A state Farmland Evaluation Advisory Committee is established to determine land values.

State: Delaware Region: Mid-Atlantic Type: state-law Categories: Current Use Taxation, Farms

Virtual Net Metering

CT Gen. Stat.§ 16-244u (2019)

Provides for virtual net metering for certain customers, including agricultural customers. Defines an “agricultural virtual net metering facility” as a Class I renewable resource operated as part of a business for the purpose of agriculture, on land owned by the agricultural host, and serving the agricultural host and its beneficial accounts.

State: Connecticut Region: New England Type: State Law Categories: Farms, Net Metering