1. (a) A net-metering facility of a net-metering customer shall remain under the rate structure terms and conditions in effect before December 31, 2022, until June 1, 2040, if the net-metering customer has qualified under Arkansas Code § 23-18-604(c)(11)(A) by having done one (1) of the following:

   1. (1) Submitted a Standard Interconnection Agreement for Net-metering Facilities to the electric utility before September 30, 2024;
   2. (2) Submitted a Facilities Agreement or equivalent document to establish an account with an electric utility and paid all estimated make-ready costs of constructing the electric utility facilities necessary to interconnect the net-metering facility before September 30, 2024; or
   3. (3) Filed a complaint with the Arkansas Public Service Commission addressing a disputed Facilities Agreement or equivalent document to establish an account with an electric utility after the presentation by the electric utility to the net-metering customer of the Facilities Agreement and the required costs of constructing the facilities necessary to interconnect the net-metering facility before September 30, 2024.

2. (b)

   1. (1) For the purpose of a net-metering facility qualifying for legacy-transitional status under subdivision (a)(2) of this section, a net-metering customer will be deemed to have paid all costs of constructing electric utility facilities necessary to interconnect the net-metering facility before September 30, 2024, if prior to September 30, 2024, the net-metering customer has paid all estimated make-ready costs as designated in the Facilities Agreement presented to the net-metering customer by an electric utility.
   2. (2) If the electric utility adjusts the make-ready cost estimate for the Facilities Agreement based on actual make-ready costs incurred and requests the net-metering customer to pay those additional costs subsequent to the initial presentation of the Facilities Agreement, such subsequent cost adjustment shall be paid by the net-metering customer but shall not defeat the net-metering customer’s qualification for legacy status under subsection (a) of this section.

3. (c)

   1. (1) A net-metering facility may be upgraded by adding a material increase in nameplate generating capacity and retain legacy-transitional status so long as the net-metering facility still meets the:

      1. (A) Statutory definition under Arkansas Code § 23-18-603(9); and
      2. (B) Requirements of Arkansas Code § 23-18-604(c)(11)(A).
   2. (2) If a net-metering facility adds a material increase in generating capacity after March 13, 2023, that does not meet the requirements of Arkansas Code §§ 23-18-603(9) and 23-18-604(c)(11)(A), the new and additional capacity will not qualify for legacy-transitional status and thus shall be billed pursuant to one (1) of the rate structures established in Arkansas Code § 23-18-606.
   3. (3) However, the addition of non-legacy generating capacity to a legacy-transitional net-metering facility will not result in the revocation of legacy net-metering status for any portion of the net-metering facility previously qualified for such status.

4. (d) For the date of eligibility for legacy status to be established under subsection (a) of this section and Arkansas Code § 23-18-604(c)(11)(A):

   1. (1) The electric utility need not have approved and signed the Standard Interconnection Agreement for Net-metering Facilities or Facilities Agreement; and
   2. (2) Section 5., Certification, of the Standard Interconnection Agreement for Net-metering Facilities need not be completed.
5. (e) The legacy status period shall attach to the net-metering facility on the premises rather than the net-metering customer.

6. (f) If the net-metering customer sells a premises with a net-metering facility, the:

   1. (A) Standard Interconnection Agreement for Net-metering Facilities and Facilities Agreement may be transferred to the new net-metering customer; and

      1. (B) Legacy status period shall continue until June 1, 2040.
7. (g) A net-metering customer may not transfer a net-metering facility to a new premises or location and continue to operate under the legacy status period.
8. (h) Maintenance and repair of existing net-metering facilities, including replacement of system parts with newer technology after September 30, 2024, shall not be a triggering event that ends the legacy status period, even if the modifications marginally increase system output due to increases in efficiency and new technology, so long as such maintenance and repair does not materially increase the generating capacity of the net-metering facility.
9. (i) A net-metering facility qualifying for legacy status under this section remains subject to any other change or modification in rates, terms, or conditions approved by the Arkansas Public Service Commission.

Codification Notes: This section was promulgated as Rule 2.06 of the Net-metering Rules prior to codification into the Code of Arkansas Rules.