1. A. After a GATS account is established, the renewable energy facility may record metered electricity generation, or its equivalent, from Tier 1 renewable sources or Tier 2 renewable sources, other than from Level 1 solar facilities, for the purpose of receiving a Maryland-eligible REC.

2. B. Level 1 Solar Renewable Energy Facility — Recording Renewable Energy Credits.

   1. (1) A Level 1 solar renewable energy facility owner or designee may record electric generation into its GATS account based on the schedule established by the Commission for the facility.
   2. (2) If a Level 1 solar renewable energy facility is unable to meet the electricity generation schedule established by the Commission, the solar facility owner or designee shall notify the Commission within 30 days of the change in status.

3. C. Within 30 days of a change in the information contained in its original application or any subsequent amended application, the renewable energy facility shall file a copy of the updated or supplemental information with the Commission, including:

   1. (1) Reference to the original filing and the information contained in it; and
   2. (2) A detailed explanation of the proposed change and how the change will affect the original filing.

4. D. Level 1 and Level 2 Solar Renewable Energy Credits — Sale or Transfer.

   1. (1) An on-site Level 1 or Level 2 solar renewable energy facility may retain or transfer a REC it creates.
   2. (2) Prior to the sale of a solar REC by a solar renewable energy facility to a person other than a Maryland supplier, the solar renewable energy facility shall offer the solar REC to a Maryland supplier for compliance with the requirements of Public Utilities Article, §7-703, Annotated Code of Maryland.
   3. (3) A Maryland solar renewable energy facility shall comply with the requirements of §D(2) of this regulation by posting an offer to sell a solar REC on a publicly accessible website approved by the Commission for 10 business days.
   4. (4) If a solar REC posted on an approved website under this section is not sold to a Maryland supplier 10 business days after posting, the Maryland solar renewable energy facility may sell the REC to any willing buyer.

Authority: Public Utilities Article, §§2-121, 5-101, and 7-701—7-713, Annotated Code of Maryland

Effective date:

Regulations .01—.04 adopted as an emergency provision effective July 1, 2005 (32:18 Md. R. 1517); adopted permanently effective November 24, 2005 (32:23 Md. R. 1829)

Regulation .01 amended effective September 20, 2010 (37:19 Md. R. 1285)

Regulation .01C, D adopted as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); adopted permanently effective May 5, 2008 (35:9 Md. R. 899)

Regulation .01D amended effective July 10, 2023 (50:13 Md. R. 514)

Regulation .01E, F adopted as an emergency provision effective January 1, 2012 (39:3 Md. R. 257); adopted permanently effective April 2, 2012 (39:6 Md. R. 410)

Regulation .01G adopted effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .02 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)

Regulation .02 amended effective September 20, 2010 (37:19 Md. R. 1285)

Regulation .03 amended as an emergency provision effective April 1, 2008 (35:9 Md. R. 895); amended permanently effective May 5, 2008 (35:9 Md. R. 899)

Regulation .03 amended effective September 20, 2010 (37:19 Md. R. 1285)

Regulation .03A amended effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .03B, D amended effective December 1, 2008 (35:24 Md. R. 2079)