300-RICR — Office of Energy Resources

Chapter 00

Subchapter 00

300-RICR-00-00-1 Efficient Buildings Fund Project Priority List

300-RICR-00-00-1 § 1.1 Purpose

The purpose of these regulations is to establish a Project Priority List for the Efficient Buildings Fund. The Efficient Buildings Fund will provide technical, administrative and financial assistance to Local Governmental Units and, to the extent eligible, State Entities for energy efficiency and renewable energy upgrades to public buildings and infrastructure. All financing requirements shall be governed by Rhode Island Infrastructure Bank Efficient Buildings Fund Policies and Procedures.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.2 Legal Authority

These rules and regulations are promulgated pursuant to R.I. Gen. Laws § 46-12.2-4.2 and in accordance with R.I. Gen. Laws Chapter 42-35, the Administrative Procedures Act.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.3 Liberal Construction

These rules and regulations shall be liberally construed to aid in of the purposes and legislative findings of R.I. Gen. Laws Chapter 46-12.2 and the administrative findings contained herein.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.4 Severability

The provisions of these rules and regulations are severable, and if any provision hereof shall be held invalid in any circumstances, any invalidity shall not affect any other provisions or circumstances.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.5 Administrative Findings

State and local governments each have a key role to play in helping Rhode Island achieve its economic, energy, and environmental goals through strategic investments in energy efficiency and renewable energy. Such measures can present cost-effective opportunities to reduce public sector energy consumption and generate cost savings that provide relief for constrained budgets and the taxpayers who support them. Investments in no-to low-carbon clean energy resources can also create local jobs, support local businesses and reduce greenhouse gas emissions.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.6 Definitions

A.As used in these rules and regulations the following definitions will apply:

1.“Applicant” means an eligible entity that has submitted an application.

2.“Application” means an application for inclusion of a project on the Project Priority List.

3.“Application period” means a period of time during which an application may be submitted to OER.

4.“Commissioner” means the commissioner of energy resources as described by R.I. Gen. Laws § 42-140-4.

5.“Commissioning” means the process of ensuring that systems are designed, installed, functionally tested and capable of being operated and maintained to perform in conformity with the design intent of a project.

6.“Cost effective for energy efficiency projects” means the projected lifetime savings exceeds the cost of the project. The cost of the project shall include all financing costs and any costs associated with implementing the project, as determined by OER, including owner’s representative services. The cost of preparing the application is not eligible.

7.“Cost effective for renewable energy projects” means the projected cost savings over the lifetime of the project exceed the total cost of the project.

8.“Distressed community” means a community that, for the fiscal year in which it submits an Application, has been appropriated assistance from the Distressed Communities Relief Fund Program in accordance with R.I. Gen. Laws Chapter 45-13.

9.“Efficient Buildings Fund” means the fund established within Rhode Island Infrastructure Bank pursuant to R.I. Gen. Laws § 46-12.2-4.2 for the purpose of providing technical, administrative and financial assistance to eligible entities for energy efficiency and renewable energy upgrades to public buildings and infrastructure.

10.“Electric Vehicle Supply Equipment” or “EVSE” means Level II or higher charging station.

11.“Eligible entity” means a Local Governmental Unit or other entity that is eligible under R.I. Gen. Laws Chapter 46-12.2, as may be amended from time to time, to receive financial assistance from the Efficient Buildings Fund.

12.“Eligible renewable energy projects” means those projects that have been identified as eligible in accordance with Section 1.8 of this Part.

13.“Energy efficiency measure” means equipment or technology that reduces energy consumption, including EVSE and energy storage technologies.

14.“Energy efficiency project” means one or more energy efficiency measures that are collectively cost effective.

15.“Energy storage technologies” means effective methods to store energy for use on demand, such as but not limited to, solid state batteries, flow batteries, flywheels, and compressed air energy storage, thermal and pumped hydro-power.

16.“Green initiatives” means clean energy programs, best practices and policies for eligible entities.

17.“Job types” means the types of professions utilized to implement the measure or project (i.e. electrician, plumber, and laborer).

18.“Lead by example” means clean energy programs, best practices and policies for eligible entities.

19.“Local Governmental Unit” means any town, city, district, commission, agency, authority, board or other political subdivision or instrumentality of the state or of any political subdivision thereof.

20.“Owner’s representative services” means an entity that represents the owner of the project during site selection, design, construction and commissioning phases as well as relocation.

21.“Project Priority List” or “PPL” means the list of projects eligible to receive assistance from the Efficient Buildings Fund, as established and ranked by OER in accordance with these rules and regulations. The PPL is to be used by RIIB to determine the order in which financial assistance shall be awarded.

22.“Qualified Energy Conservation Bond” or “QECB” means a bond that may be issued by state, local and tribal governments to finance qualified energy conservation projects as designated in 26 U.S.C. § 54D.

23.“Requisition” means a request for payment from the Local Governmental Unit.

24.“Requisition documentation” means all substantiating and/or back-up documentation that is required, as determined by RIIB and OER, to process a request for payment from the Efficient Buildings Fund made by an eligible entity. Such documentation may include but is not limited to, signed permits, if any, third party inspection documents, verification that all equipment is new and any change order documentation approved and signed by the Applicant.

25.“Rhode Island Infrastructure Bank” or ““RIIB” means the entity created by R.I. Gen. Laws Chapter 46-12.2.

26.“Rhode Island Office of Energy Resources” or “OER” means the office created and established pursuant to R.I. Gen. Laws § 42-140-2.

27.“Rhode Island State Energy Conservation Code” means the current energy code that is adopted and implemented by the Rhode Island Building Commission.

28.“Shovel ready project” means a project that will commence construction activities within ninety (90) days following a loan closing from the RIIB.

29.“Technical review team” means the individuals assigned by the Commissioner to review and score Applications. A technical review team should include at least two (2) employees from within OER and may include other individuals who possess the appropriate expertise and qualifications.

30.“Upgrade” means an energy efficiency measure that is installed to achieve greater savings than the Rhode Island State Energy Conservation Code, as determined by OER in program guidance documents, when part of new construction.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.7 Eligible Entities

Eligible entities shall be eligible to apply for financial assistance from the Efficient Buildings Fund. Receipt of financial assistance shall be conditioned upon the eligible entity reallocating their remaining QECB allocation to the State of Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.8 Eligible Projects

A.Subject to Section 1.15 of this Part, only new equipment can be financed through the Efficient Buildings Fund. Remanufactured, refurbished, slightly used, or new equipment transferred from a previous location are not eligible. Previously installed equipment are not eligible for financing.

B.Eligible entities are encouraged to pursue all appropriate energy efficiency measures prior to installing renewable energy projects.

C.Energy efficiency projects that are cost effective shall be eligible for financing, alone or in combination with renewable energy projects and may be, but are not required to be, eligible for utility-administered energy efficiency incentives.

D.Renewable energy projects that are cost effective shall be eligible for financing, alone or in combination with eligible energy efficiency measures, shall include:

1.Solar electric (photovoltaic) systems: Only electric (PV) projects are eligible. All projects must include the components necessary to result in a functional system. Battery back-up systems are also eligible.

2.Wind: Only systems that are 100kW or greater with a direct drive nacelle are eligible. Battery back-up systems are also eligible.

E.Projects for other renewable energy technologies, as stated in accordance with R.I. Gen. Laws § 39-26-5, may be deemed eligible by OER on a periodic basis. A determination of eligibility for non-solar PV and non-wind renewable energy resource types will be made by OER in advance of the start of any application period and be detailed in the application. Applicants may contact the OER at any time if they are interested in other renewable energy technologies.

F.Eligible entities shall be eligible for financing for EVSE and/or energy storage technologies, including installation, only in combination with energy efficiency measures and/or renewable energy projects.

G.Cost effective energy efficiency measures as part of a new construction upgrade shall be eligible for financing. The cost effective energy efficiency measures must meet the requirements of these rules and regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.9 Applications

A.All application periods are to be established and scheduled by OER, in consultation with RIIB, provided that at least one application period shall be commenced per calendar year.

1.The duration of an application period shall be at least fourteen (14) calendar days.

B.Notice of each application period must be posted on the websites of RIIB (www.riib.org) and OER (www.energy.ri.gov) at least ten (10) calendar days in advance of the commencement of the application period. At a minimum, the notice shall contain the date the application period will open, the date the application period will close, and provide the office address and/or website address where a prospective applicant can access the application.

C.OER will issue one PPL for each application period.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.10 Application review and evaluation criteria

A.Application review

1.In order for an application to be evaluated, scored and ranked it must be deemed complete by OER. In order to be deemed complete an application must contain all required information, forms, and supplemental documents as required by OER

2.Applications shall be reviewed for completeness within five (5) business days of receipt. OER shall notify the applicant if an application is incomplete and identify the missing documentation. The applicant shall submit the missing documentation within five (5) business days of notification in order to be considered for the funding round. If the applicant does not submit the required information in the designated time period the application will be denied and the applicant will need to re-submit a complete application in a subsequent application period.

B.Evaluation criteria

1.Evaluation criteria for applications

a.All complete applications will be evaluated based on criteria identified in the application, which may include, but are not limited to, the following:

b.Renewable energy project applications (Solar PV or Wind)

(1)Energy output of the installed system (kWh)

(2)Installed price per watt of the installation

(3)Green initiatives or lead by example

(4)Shovel ready – timeliness and readiness

c.Energy efficiency project applications

(1)Energy savings and comprehensiveness

(2)Green initiatives or lead by example

(3)Shovel ready – timeliness and readiness

d.Criteria for other technologies, as identified in Section 1.8 E. of this Part, shall be determined as necessary.

e.Additional criteria:

(1)Distressed community status.

(2)Energy efficiency and renewable energy projects in the same application period.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.11 Application Ranking

A.The technical review team shall review all applications to determine completeness and eligibility.

1.The applicants and their proposed projects must meet the requirements of these rules and regulations.

2.Projects accepted by OER as complete and consistent with these rules and regulations will be evaluated, scored, ranked, and incorporated into a PPL to be used by the RIIB to determine the order in which financial assistance shall be provided.

3.Recommendations for funding shall be prioritized based on the overall score of the application. There is no guarantee that an applicant will receive financing from RIIB even though they are listed on the PPL.

B.Once the PPL is established it shall be, at a minimum, posted on the RIIB (www.riib.org) and OER (www.energy.ri.gov) websites. Additionally, the scoring detail will be made available upon request. All applicants shall be notified that the PPL has been made public. The applicant shall have five (5) business days to submit any comments regarding the PPL ranking for consideration by the OER.

C.If OER determines that an error had been made with the PPL ranking, an updated PPL shall be reposted on the RIIB (www.riib.org) and OER (www.energy.ri.gov) websites and the process in Section 1.11.B. of this Part shall proceed accordingly.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.12 Project Inspections

A.OER, or its designated representative, may inspect the project at any time during the construction process and following project completion.

1.Energy efficiency projects: All applicants are required to have an independent third party inspection of the energy efficiency measure after construction is completed. A copy of the commissioning report (hard copy and electronic copy) shall be forwarded to OER and RIIB within thirty (30) days following the commissioning.

2.Solar PV projects: All applicants are required to have an independent third party inspection of the renewable energy project after interconnection. Third party independent inspections completed pursuant to existing state programs are acceptable. A copy of the inspection report (hard copy and electronic copy) shall be forwarded to OER and RIIB within thirty (30) days following the inspection.

3.Wind projects: All applicants are required to have an independent third party inspection of the renewable energy system after interconnection. Third party independent inspections completed pursuant to existing state programs are acceptable. A copy of the inspection report (hard copy and electronic copy) shall be forwarded to OER and RIIB within sixty (60) days following the inspection.

B.Inspections for all other eligible projects shall be determined as necessary.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.13 Reporting Requirements

A.All recipients of financing from the Efficient Buildings Fund are required to comply with all OER data and reporting requests for at least five (5) years following project completion, including, but not limited to, the requirements specified below:

1.Actual number of full time equivalent jobs for the project;

2.Job types;

3.Entity-wide energy consumption compared to baseline consumption that was submitted in the Efficient Buildings Fund PPL application;

4.For energy efficiency projects, comparison of actual units of energy (e.g. kWh, therms, gallons) saved versus estimated units of energy saved based on the project application submitted;

5.For renewable energy projects, accessibility to the project production dash- boards (Locus, Solectria, etc.);

B.Reporting for all other eligible projects shall be determined as necessary.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.14 Requisition for Payment

Payment to eligible entities by RIIB shall be contingent upon OER’s receipt of requisition documentation. If issues and/or deficiencies are identified, payment shall be withheld until such issues and/or deficiencies are rectified and resolved and updated requisition documentation is submitted to OER.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-1 § 1.15 Refinancing

Eligible entities shall be eligible to submit an application to refinance a previously installed project. The previously installed project must otherwise meet the requirements of these rules and regulations. Applications submitted for refinancing shall receive the lowest ranking on the PPL and will not be ranked above any project applications submitted for financing pursuant to these rules and regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2017-08-21 to 01/04/2022
• Adoption — effective from 2015-12-24 to 08/21/2017

300-RICR-00-00-2 Commercial Renewable Energy Systems Tangible Tax Value

300-RICR-00-00-2 § 2.1 PURPOSE

A.The purpose of these regulations is to provide consistent and foreseeable tax treatment of renewable energy to facilitate and promote installation of grid-connected generation of renewable energy. The Office of Energy Resources shall adopt a statewide tangible tax value and formula, which shall be used by all municipalities utilizing ordinances and resolutions for commercial renewable energy systems proposed within their respective municipalities beginning on January 1, 2017.

B.All existing municipal renewable energy ordinances and/or resolutions will need to be amended by town and city councils to reflect the requirements of the regulation and the associated tax value and associated formula. Municipalities that plan on adopting first-time ordinances and/or resolutions for renewable energy will need to reflect the requirements of the regulation and the associated tax value and associated formula in their respective ordinances and/or resolutions.

C.Any renewable energy systems that are installed on residential and manufacturing properties, the renewable energy equipment are exempt from local taxation per R.I. Gen. Laws §§ 44-3-3(48) and (49).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.2 SCOPE

These rules and regulations apply to towns and cities collecting tangible taxes from commercial renewable energy systems pursuant to R.I. Gen. Laws § 44-5-3. These Rules and Regulations only apply to towns and cities and do not apply to any other entities or instrumentalities that may have tax collecting authority but are not authorized to tax renewable energy systems under R.I. Gen. Laws § 44-5-3.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.3 APPLICABILITY

The adopted tangible tax value and formula shall take effect on January 1, 2017. Any renewable energy resource projects that have executed interconnection service agreements with the electric distribution company as of December 31, 2016, shall not be subject to the rules developed under R.I. Gen. Laws § 44-5-3(c) and shall maintain the tax status applicable before the rules are adopted, unless otherwise agreed pursuant to R.I. Gen. Laws § 44-3-9(a).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.4 AUTHORITY

These regulations are promulgated pursuant to R.I. Gen. Laws Chapter 44-57, and in accordance with R.I. Gen. Laws Chapter 42-35, as amended, and grants the Office of Energy Resources the authority to adopt, amend and implement such rules as may be necessary to desirable to effectuate the purposes of this chapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.5 DEFINITIONS

A.As used in these rules and regulations the following definitions will apply:

1.“A/C” means alternating current for the nameplate capacity of the commercial renewable energy system.

2.“Eligible renewable energy resources” mean those technologies defined under R.I. Gen. Laws Chapter 39-26-5.

3.“$/per kW” means the kilowatt/dollar/kilowatt amount adopted through the regulations that municipalities will be compensated from a commercial renewable energy system annually.

4.“Office” means the Rhode Island Office of Energy Resources.

5.“REG Program” means the Renewable Energy Growth Program where a renewable energy system sells electricity through a 15 or 20 year tariff with National Grid.

6.“Net metering” means a renewable energy system installed on a property that is offsetting electric bills pursuant to R.I. Gen. Laws § 39-26.4-1 et seq.

7.“Virtual net metering” means a renewable energy system that is installed on private or public property where the off-taker of the electricity is a municipality, public school, state or quasi-state public entity pursuant to R.I. Gen. Laws §39-26.4-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.6 TANGIBLE TAX VALUE FOR COMMERCIAL RENEWABLE ENERGY SYSTEMS

A.The following formula and associated $5.00 dollar per kW is adopted by the Office in establishing the tangible tax value for commercial renewable energy systems to provide reasonable compensation to a municipality effective January 1, 2017. All such municipal ordinances and resolutions assessing tangible tax on commercial renewable energy systems must apply the following dollar value and formula.

$5.00 kW x _____ Kilowatt A/C Capacity of the Commercial Renewable Energy System

= $______

1.Example 1: A 2 megawatt ground mount solar system that will be receiving a 20-year tariff under the REG program and selling the electricity back to National Grid.

$5.00 kW X 2,000 kW A/C Capacity of the Commercial Renewable Energy System

=

$10,000 annual revenue to the municipality

$200,000 total revenue over the 20-year REG Program tariff to the municipality

2.Example 2: A 1.5 megawatt wind turbine system that will be receiving a 20-year tariff under the REG program and selling the electricity back to National Grid.

$5.00 kW X 1,500 kW A/C Capacity of the Commercial Renewable Energy System

=

$7,500 annual revenue to the municipality

$150,000 total revenue over the 20-year REG Program tariff to the municipality

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.7 MUNICIPAL TAX WAIVER OPTION FOR RENEWABLE SYSTEMS NOT SELLING POWER

A.Pursuant to R.I. Gen. Laws § 44-3-21, a town or city council may elect not to assess a tangible tax on all commercial renewable energy systems or specifically on net-metered systems that are strictly designed to offset and reduce electricity bills on a property and not developed for commercial revenue purposes. A town or city council would need to enact an ordinance to waive tangible taxes on those types of renewable systems.

B.Any renewable energy systems that are installed on residential and manufacturing properties, the renewable energy equipment are exempt from local taxation per R.I. Gen. Laws §§ 44-3-3(48) and (49).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.8 REPORTING

All commercial renewable energy systems shall be required to provide the municipality and respective tax assessor with a copy of the initial interconnection application and final interconnection service agreement and any documentation of program enrollment (e.g., renewable energy growth or net metering enrollment forms), indicating whether the commercial renewable energy system is either a REG, net-metered, or virtual net metered installation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.9 SEVERABILITY

If any provision of these regulations, or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations shall not be affected thereby.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.10 APPLICATION

The terms and provisions of these regulations shall be liberally construed to permit the Office to effectuate the purposes of State law, goals, and policies.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-2 § 2.11 EFFECTIVE DATE

The adopted regulations and associated commercial renewable energy system tangible tax value shall remain in effect from January 1, 2017 through January 1, 2022 and the Office shall have the authority to review and update these regulations if deemed warranted by the Office. The Office shall make a determination on whether to update such regulations by July 1, 2021.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2017-01-01 to 01/09/2022
• Adoption — effective from 2017-01-01 to 01/01/2017

300-RICR-00-00-3 Statewide Solar Energy Permit Application

300-RICR-00-00-3 § 3.1 PURPOSE

The purpose of these regulations is to create a statewide solar energy permit application that will provide applicants with a predictable and universal process for obtaining a single permit from municipalities that encompasses both building and electric permits for solar photovoltaic systems.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-01-01 to 01/04/2022
• Adoption — effective from 2018-01-01 to 01/01/2018

300-RICR-00-00-3 § 3.2 AUTHORITY

These regulations are promulgated by the Rhode Island Office of Energy Resources, in consultation with the Rhode Island State Building Code Commission, pursuant to 2017 R.I. Pub. Laws Chapter 10, § 1 (enacted June 19, 2017). 2017 R.I. Pub. Laws Chapter 10, § 1 is expected to be codified as R.I. Gen. Laws § 45-68-1 et seq.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-01-01 to 01/04/2022
• Adoption — effective from 2018-01-01 to 01/01/2018

300-RICR-00-00-3 § 3.3 SCOPE

These regulations apply to all municipalities. In accordance with 2017 R.I. Pub. Laws Chapter 10, § 1, municipalities will be required to ensure utilization of the statewide solar energy permit application beginning on January 1, 2018.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-01-01 to 01/04/2022
• Adoption — effective from 2018-01-01 to 01/01/2018

300-RICR-00-00-3 § 3.4 DEFINITIONS

A.As used in these regulations the following definitions shall apply unless the context clearly requires otherwise:

1.“Alternating current” or “AC” means a type of electrical current, the direction of which is reversed at regular intervals or cycles. In the United States, the standard is 120 reversals or 60 cycles per second. Electricity transmission networks use AC because voltage can be controlled with relative ease.

2.“Applicant” means an individual who is applying for a permit to install a solar photovoltaic system.

3.“Commission” means the Rhode Island State Building Code Commission.

4.“Direct current” or “DC” means a type of electricity transmission and distribution by which electricity flows in one direction through the conductor, usually relatively low voltage and high current. To be used for typical 120 volt or 220 volt household appliances, DC must be converted to alternating current, its opposite.

5.“Energy storage” means the capture of energy produced at one time for use at a later time. A device that stores energy is sometimes called an accumulator or battery.

6.“Grid” means a commercial electric power distribution system that takes electricity from a generator (e.g., fossil fuel boiler and generator, diesel generator, wind turbines, water turbine, etc.), transmits it over a certain distance, then takes the electricity down to the consumer through a local distribution system. The entire system is referred to as the grid.

7.“Inverter” means an electronic device or circuitry that changes the DC output of the photovoltaic (PV) solar panels to a utility frequency AC that can be fed into a commercial electrical grid or used by a local, off-grid electrical network.

8.“Module” or “Solar panel” means many solar cells linked together to form a circuit and are mounted in a frame. PV solar panels generate DC electricity, which must then be converted to AC electricity by an inverter because the United States electrical grid uses AC power.

9.“Municipality” means a city or town located in the State of Rhode Island.

10.“Office” means the Rhode Island Office of Energy Resources.

11.“One line electrical diagram” means a drawing showing the number of photovoltaic panels with voltage and kilowatt output, the size of the main service panel, and other electrical information related to the project.

12.“Rhode Island professional engineer” means:

a.a person who has been registered and licensed by the State Board of Registration for Professional Engineers and holds a certificate of registration in the discipline of structural engineering in accordance with R.I. Gen. Laws § 5-8-3(c)(3) and Section 130.20.3 of the Board of Registration for Professional Engineers "Rules and Regulations for Professional Engineering in the State of Rhode Island"; or

b.a person who received a general professional engineer license in Rhode Island prior to April 1, 1995 and who is eligible to stamp structural design drawings because his or her practice, education and experience are in the field of structural engineering.

13.“Solar photovoltaic system” or “PV system” means an arrangement of several components, including solar modules to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling and other electrical accessories to set up a working system.

14.“Statewide solar energy permit application” means a standard application used by municipalities that covers both the building and electrical permit aspects of solar system installations.

15.“128 project certification form” means the form created in accordance with R.I. Gen. Laws § 23-27.3-128 et seq. of the Rhode Island Building Code.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-01-01 to 01/04/2022
• Adoption — effective from 2018-01-01 to 01/01/2018

300-RICR-00-00-3 § 3.5 STATEWIDE SOLAR ENERGY PERMIT APPLICATION

A.The Office shall develop a statewide solar energy permit application by incorporating the contents listed in § 3.5(D) of this Part.

B.The Office may, from time to time, amend the statewide solar energy permit application and shall notify the municipalities of any amendments to the application.

C.Each municipality shall require applicants to utilize the statewide solar energy permit application.

D.At a minimum, the statewide solar energy permit application shall contain the following information and documentation:

1.Name and address of the owner of the property;

2.Address of the property on which the PV system will be installed, including section, plat, and lot number;

3.Whether the property is in a historic district;

4.Whether the use of the PV system is for a one or two family residence, townhouse, commercial, or other;

5.Total PV system size, both AC and DC;

6.Interconnection location in reference of existing meter (i.e. utility side or customer side);

7.Mounting structure (i.e. ground, roof, or solar canopy);

8.Whether an energy storage component is associated with the PV system, and, if yes, whether the storage use is for backup power or grid services, and how the storage unit will be charged (i.e. solar PV, grid, or both);

9.Business name and address of the applicant (including Rhode Island registration number) and electrician(s) working on the solar installation (including Rhode Island license number);

10.Existing roofing material (i.e. metal, asphalt, fiberglass, wood, membrane, other);

11.Method and type of weatherproofing for roof penetrations (i.e. flashing, caulk);

12.Whether the mounting structure has been engineered and designed to mount solar electric modules and, if not, the details of the mounting structure in a letter from a Rhode Island professional engineer;

13.For manufactured mounting systems:

a. Mounting system manufacturer;

b.Mounting system make and model number;

c.Total weight of solar electric modules and rails (expressed in lbs.);

d.Total number of attachment points;

e.Weight per attachment point (expressed in lbs.);

f.Maximum spacing between attachment points on a rail (expressed in inches);

g.Designed wind speed (expressed in mph);

h.Total surface area of solar electric modules (expressed in ft2);

i.Distributed weight of solar electric module on roof (expressed in lbs/ft2);

14. Inverter and module(s), including the quantity, make, and model;

15. Stamped structural letter signed by a licensed Rhode Island professional engineer;

16.Site plan for ground mounted units;

17.Layout drawing;

18.One line electrical diagram;

19.Manufacturer specification sheets for equipment including modules, inverter(s), racking, and storage equipment (if applicable);

20.For all installations 15kW AC or larger, a 128 project certification form;

21. For all residential (one and two family) installations, certification from a Rhode Island professional engineer that the current structure is able to accommodate all code design loads including, but not limited to, uplift loads, and/or engineered design criteria to modify the existing structure to accommodate said loads; and

22. Signature of applicant and date of application.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-01-01 to 01/04/2022
• Adoption — effective from 2018-01-01 to 01/01/2018