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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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CT 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 Array Characteristics: Size

CT 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

MA 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

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 Array Characteristics: 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

ME 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 Array Characteristics: 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

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 Array Characteristics: Size

NH 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 Array Characteristics: Size

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

VT 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

VT 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, Net Metering Array Characteristics: Location, Size