Public Utilities and Carriers

CHAPTER 39-26.6
The Renewable Energy Growth Program

SECTION 39-26.6-9

§ 39-26.6-9 Project segmentation prohibition.

In no case may a project developer be allowed to segment a distributed-generation project on the same parcel or contiguous parcels into smaller-sized projects in order to fall under a smaller-size project classification. Notwithstanding this prohibition, a project developer may designate a generation unit on the same parcel or contiguous parcel for net metering or other means of participating in electricity markets, provided that such unit, or portion of such unit, designated for net metering or other market participation is not receiving performance-based incentives under this chapter; is capable of being segregated electrically; is configured with such electrical segregation; and is separately metered. Further, a project shall not be considered to have been segmented if:

(1) There is a lapse of at least twenty-four (24) months between: (i) The commencement of construction of new distributed-generation units on a parcel that is the same as, or is contiguous with, a parcel upon which a distributed-generation project has already been constructed; and (ii) The operation date of the pre-existing project; or

(2) The new project is a different renewable technology.

History of Section.
(P.L. 2014, ch. 200, § 1; P.L. 2014, ch. 216, § 1.)