New Jersey
In the matter of Customer On-Site Renewable Energy (CORE) Program Rebate Appeal: decided March 31, 2011 (not approved for publication):
ACFD Development, LLC appealed from a Board of Public Utilities ("BPU") Order denying its application to increase the amount of rebates awarded to it for solar energy projects.
In 2006, ACFD submitted applications to BPU for rebates in excess of $2,500,000 from the Customer On-site Renewable Energy ("CORE") program, which provides financial incentives rebates to public utility customers who invest in renewable energy facilities. At the time, more than $126,000,000 in rebate applications remained in queue for only $57,000,000 in available CORE funding. On December 6, 2007, BPU issued an order limiting new rebate approvals for solar energy projects with a capacity of 100 Kw or more to $245,000, in order to prevent "over subsidization of large projects" should the projects receive both the CORE rebate and solar renewable energy certificate funding.
The Appellate Division upheld BPU's imposition of the funding cap while ACFD's rebate applications were pending, on several grounds, including the insufficiency of CORE funding to satisfy all of the CORE applications and the lack of a de facto contractual relationship with ACFD, to require BPU to provide rebates at the pre-cap levels.
Text of Opinion
Delaware
Introduced and referred to Senate Finance Committee, 3/29/11:
Senate Bill No. 40: An Act to amend Title 30 of the Delaware Code pertaining to business tax credits and deductions and clean energy technology device manufacturing.
The legislation would modernize the scope of Delaware's primary economic development tax incentive program by including provisions specifically designed to attract manufacturers of advanced clean energy technology power generating devices and systems.
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Text of Bill
