1. A. An applicant that has been granted admission to the Program by the Commission that wishes to construct and operate a community solar energy generating system under this Program shall apply to the electric company serving the location of the system.

2. B. Project Application Procedure.

   1. (1) An electric company shall establish a project application procedure in compliance with these regulations and Commission Orders.
   2. (2) An electric company shall develop its project application procedure in a manner designed to encourage achievement of program goals and timely project development.
   3. (3) An electric company shall develop, for filing with the Commission, tariffed terms and conditions to administer the Program.
3. C. An electric company shall assign each project an identification number unique to the electric company’s service territory for the purpose of identification.

4. D. Low and Moderate Income Verification.

   1. (1) A subscriber organization or subscription coordinator shall verify the income of a prospective subscriber for eligibility as an LMI subscriber under the Program by using one of the following methods:

      1. (a) Self-attestation by the prospective subscriber that does not need to be under oath or penalty of perjury;

      2. (b) Requiring the prospective subscriber to provide evidence of eligibility for or enrollment in at least one of the following assistance programs:

         1. (i) The Maryland Energy Assistance Program;
         2. (ii) The Supplemental Nutrition Assistance Program;
         3. (iii) Medicaid;
         4. (iv) Head Start;
         5. (v) Free and reduced price school meals;
         6. (vi) The federal Low Income Home Energy Assistance Program;
         7. (vii) EmPOWER Maryland low- or moderate-income incentives;
         8. (viii) Telephone lifeline service;
         9. (ix) The Fuel Fund of Maryland; or
         10. (x) Any additional federal, State, or local assistance program that the Commission determines will further the purposes of the program;
      3. (c) Pay stubs;
      4. (d) Income tax documents;
      5. (e) Proof of residence in an affordable housing facility;

      6. (f) Proof of residence within a census tract that is:

         1. (i) An overburdened community; and
         2. (ii) An underserved community;
      7. (g) Any verification method that was available under the Pilot Program; or
      8. (h) Any additional methods approved by the Commission to verify income.

   2. (2) A multi-family dwelling unit shall qualify as a low-income subscriber for the purposes of the Program if it has an active contract or award with one or more of the following:

      1. (a) United States Department of Housing and Urban Development;
      2. (b) United States Department of Agriculture - Rural Development;
      3. (c) Maryland Department of Housing and Community Development;
      4. (d) Maryland Affordable Housing Trust; or
      5. (e) Any other state or federal low- income housing assistance program that requires the operator of the low-income multi-family dwelling unit to ensure all residents of the low-income multi-family dwelling unit have income at or below the maximum income level required for the residents to qualify as LMI subscribers under the Program.
   3. (3) An operator of a multi-family dwelling unit that does not meet the criteria under §D(2) of this regulation may apply to the Commission to qualify as an LMI subscriber for the purposes of the Program..

   4. (4) A subscriber organization or subscription coordinator shall:

      1. (a) Verify the eligibility of an LMI subscriber in accordance with §D(1) of this regulation;
      2. (b) Retain records of each determination of eligibility for an LMI subscriber; and
      3. (c) Make records of determination of eligibility available to the Commission on request.

Authority: Public Utilities Article, §§2-113, 2-121, 7-306, 7-306.1, and 7-306.2, Annotated Code of Maryland

Effective date: July 18, 2016 (43:14 Md. R. 781)

Regulation .02 amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .02A, D amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .03 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .03D amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .04 amended effective March 3, 2025 (52:4 Md. R. 221); March 3, 2025 (52:4 Md. R. 221)

Regulation .04C amended effective June 15, 2020 (47:12 Md. R. 597)

Regulation .04D amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .05 amended effective March 21, 2022 (49:6 Md. R. 406); March 3, 2025 (52:4 Md. R. 221)

Regulation .06B amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .07 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08 amended effective March 3, 2025 (52:4 Md. R. 221)

Regulation .08A amended effective June 15, 2020 (47:12 Md. R. 597)

Regulation .08B amended effective March 21, 2022 (49:6 Md. R. 406)

Regulation .08D, E adopted effective March 21, 2022 (49:6 Md. R. 406)

Regulation .09 adopted effective March 21, 2022 (49:6 Md. R. 406)

Regulation .09D amended effective March 3, 2025 (52:4 Md. R. 221)