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Maryland Update – Senate Passes SB791

Wednesday, April 4th, 2012

Today, the Maryland Senate voted 37-9 in favor of Senate Bill 791. We have been following this piece of legislation closely and have provided estimates and analysis around its impact on the Maryland Solar REC market.

Overall, the legislation pulls forward the Solar RPS requirements, reaching the existing 2022 Solar % requirements in 2020. The chart below demonstrates the existing requirements vs. the proposed requirements under the new legislation.

MD Solar RPS Current vs. HB1187

The next step for the bill is to move on to the Governor’s office to be signed into law.  Maryland stakeholders expect the legislation to be well received by the Governor who will likely sign the bill in May.

We’ll continue to provide updates as the bill is finalized and signed into law. Before then we should point out this bill was successfully promoted in part due to the efforts of the Maryland-DC-Virginia Solar Energy Industries Association (MDV-SEIA) and strong grassroots support from Maryland stakeholders at large.

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Update – Maryland Proposes New Solar Legislation

Monday, April 2nd, 2012

Since our last update on legislation to adjust the Solar RPS requirements in Maryland, there has been some movement in both the House and the Senate.

After HB1187 passed out of the House Economic Matters Committee, the bill was heard on the floor of the House and passed unanimously 131-0. Earlier last week, the Senate version of the bill, SB791, was voted down in the Senate Finance Committee, 4-7. The bill was then reconsidered by the committee the other day with the original vote being overturned, 8-2 (with one abstention).

The next stage for SB791 is to bring it up for vote on the floor of the Senate. Stakeholders expect this will take place Monday or Wednesday of this week. Some have expressed that the bill may be met with some resistance from the Senate, but it is expected that should it pass out of the Senate it will be well received by the Governor.

If you have an interest in voicing your thoughts on this piece of legislation, feel free to visit this link to find your appropriate representative. We’ll continue to provide updates through our blog as the bill makes its way through the process.

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Maryland Proposes New Solar Legislation

Thursday, March 22nd, 2012

For a PDF copy of this analysis please click here: Maryland Proposes New Solar Legislation

In February 2012, the Maryland legislature introduced legislation that directly impacts the MD solar industry. Two sets of legislation are proposed. The first set, House Bill 1187 (HB1187) and Senate Bill (SB791) seek to adjust the solar goals outlined in the MD Renewable Portfolio Standard (RPS). The second set House Bill 864 (HB864) and Senate Bill 595 (SB595) propose adjustments to the state law to allow for “Community Solar.”

In order for either sets of legislation to be signed into law, both the House and Senate versions must be passed and a final bill signed by the Governor. We detail both sets of legislation below.

Maryland RPS Adjustment

Companion bills HB1187 and SB791, pull forward the percentage requirement of the solar portion of the MD RPS, reaching its 2.0% solar target in 2020 instead of 2022. In addition to pulling the RPS % forward, the percentage requirements in the interim, beginning in 2013, would also increase.

The chart below demonstrates the existing RPS % versus the proposed percentage requirements under HB1187/SB791.

MD Solar RPS Current vs. HB1187

While the overall MD RPS solar goal does not change under HB1187/SB791, the amount of SRECs required increases in each of the interim years beginning in 2013 (SREC requirements are directly tied to the RPS % requirements). These increases could have a positive impact on SREC pricing if the market is unable to develop the needed supply during these future periods. Although the increases are meaningful (especially in the later years, see charts below), large projects such as First Solar’s 20 MW Hagerstown, MD project and Constellation Energy’s 16.1 and 1.3 MW Emmitsburg, MD projects can still substantially impact the SREC market.

Current vs. Proposed and Additional

As of March 7, 2012, PJM GATS reported 41.8 MW of operational MD eligible capacity. Under the existing MD2012 RPS requirements, Maryland needs an average of 56.1 MW operational all year long, or 67,310 SRECs. Additionally, any left-over supply from 2010 and 2011 also can be used to meet MD2012 compliance requirements. Given continued development in the state, which has averaged approximately 2.3 MW/month over the last 12 months (LTM), and the larger projects noted above, the increase in capacity as proposed by HB1187 and SB791 would help absorb continued solar build out.

Maryland could expect to see approximately 102.2 MW of operational capacity at the beginning of 2013. This figure takes into consideration the online capacity as of 3/7/12, the impact of the Constellation and Maryland Solar projects (assumed to be fully operational by the end of 2012), and continued development at the same pace as the LTM period. The table below demonstrates how our estimated 2013 beginning balance capacity compares to the number of SRECs required under the current 2013 RPS requirements versus the proposed requirements under HB1187/SB791.

estimated 2013 beginning balance

Where Does HB1187/SB791 Currently Stand?

Earlier this week, HB1187, the House version of the bill, was heard in the House Economic Matters committee. A couple panels with industry analysts and regional installation professionals presented their thoughts on the impact of pulling forward the Solar RPS requirements. After the reading and the presentations, the bill was unanimously passed out of committee.

It is expected that the House bill will reach the floor for final vote later this week or early next week. Additionally, the Senate bill needs to be heard in the Senate Finance Committee before it can make it to the floor of the Senate. Should both sides of the legislature vote in favor of the bills, the final step would be to have it sent to Governor O’Malley to be signed into law.

Community Energy Bills HB864/SB595

In addition to HB1187/SB791, there are 2 bills in the MD House and Senate, HB864 and SB595, which provide guidelines and regulations for investing, operating, and participating in the usage of electricity generated from shared community energy generation facilities. While Annapolis insiders suggest that these “community solar” bills have a way to go before they are implemented, important initial legwork is being completed to make community solar projects feasible. The highlights of the current versions of the bills include:

- Defining that community energy-generating facilities and their subscribers or subscriber organizations are not considered Electric Companies or Electricity Suppliers

- Provides a frame work for crediting generated electricity to the subscribers of the facility

- Outlines who can be a qualified project owner

- Explains how energy not fully allocated to users of the project’s electricity will be credited/purchased as wholesale electricity

- Implements nameplate megawatt capacity caps, currently 2 MW, on projects that participate in a community energy project structure

SRECTrade will continue to keep a close eye on the legislative process across these bills and provide updates as they become available.

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Posted in Maryland, SREC Markets | 2 Comments »

MD Solar Thermal Systems Await Application from MD PSC

Tuesday, October 25th, 2011

On January 1st, 2012 the Maryland Public Service Commission (PSC) will begin accepting applications for MD-sited Solar Water Heating Systems (SWH) to become certified to sell SRECs in the MD SREC market. As this law allows eligible systems to be installed on or after June 1, 2011, many MD customers are anxiously awaiting their turn to participate in the MD SREC market. As long as a SWH facility meets the necessary metering standards described in an earlier blog post, the facility can produce SRECs for each MWh-equivalent of thermal energy consumed. For single-dwelling residential systems, there is a maximum 5 SRECs per year that may be produced.

The MD PSC will release the formal application form and list of necessary requirements over the next few weeks. While the MD PSC finalizes their application process, MD SWH systems are encouraged to check out our EasyREC SREC management service and to fill out the SRECTrade Solar Thermal EasyREC form. SRECTrade will guide your system through the registration phase and alert you to any supporting documentation that we will need. Check back on our blog for further updates as we approach the new year.

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DC Closes Borders to Out-of-State Solar Systems

Tuesday, July 12th, 2011

The Council of the District of Columbia unanimously voted, today July 12th, to close the DC SREC market to out-of-state systems. The Distributed Generation Amendment Act of 2011 (Bill 19-10) increases the SREC requirement in 2011 as well as establishes an SACP schedule through 2023.  Once in effect, the bill will allow out-of-state systems registered prior to 1/31/2011 to continue to sell SRECs in the DC market. The DC Public Services Commission has not provided clarification on how the bill will affect out of state systems that have already granted DC registrations after the January 31st 2011 grandfather date. For more information on the bill please refer to our previous blog postings here and here.

The bill is not yet law. It first must go through a 30-day Congressional Review process before it can go in to effect. Given these mechanistic delays we don’t expect the bill to go in to effect for at least another month.

The following chart illustrates which out-of-state systems will be effected by the legislation.


State Eligible Markets (after B19-10 is effective)
DE DE, PA
IN OH; PA (if in American Electric Power territory)
IL PA (if in Com Ed territory)
KY OH; PA (if in American Electric Power territory)
MD MD; PA
MI OH; PA (if in American Electric Power territory)
NC NC; PA (if in Dominion Electric Territory)
NJ NJ, PA
NY -
OH OH; PA
PA PA; OH
TN PA (if in American Electric Power territory)
VA PA
WV OH; PA
WI -

Posted in Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, SREC Markets, State RPS, Tennessee, Virginia, Washington, DC, West Virginia, Wisconsin | 2 Comments »

MD to Accept In-state Solar Water Heating Systems for SREC Market

Friday, May 27th, 2011

Maryland recently passed legislation which will allow residential-scale in-state solar water heating systems (SWH) installed on or after June 1st 2011 to sell SRECs into the MD SREC market.  Eligible systems will, at a maximum, be able to produce 5 SRECs per year. The law does not go in to effect until January 1st 2012, so even if the system is installed now it will be another few months before they can monetize their SRECs. The bill states that eligible SWH systems are those that are not used solely for heating a pool or hot tub and are either metered by a device that meets the standards of the “International Organization of Legal Metrology” (OIML) or be OG-300 certified.

Another requirement is that the SWH collectors (the product that captures the sun’s heat) must be a “glazed liquid-type flat-plate or tubular solar collector by the OG-100 standard of the Solar Ratings and Certification Corporation (SRCC).”

Because SWH systems produce heat and not electricity, output is measured in British Thermal Units (BTUs) and not kW-hrs. In order for these systems to produce SRECs equivalent to their PV-system counterparts, they must be certified and metered in a way that can allow for accurate measuring and unit conversions. By multiplying each BTU by a conversion factor of .000293, one can determine the kWh equivalent production from the system. As a point of reference, a single a 21 ft2 flat plate solar thermal collector located in Baltimore, MD that has a conversion efficiency of 60% may produce as many as 2 SRECs per year.  Conversion efficiencies and BTU output will vary depending on the type of SWH panel used.

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Posted in Maryland, Solar Thermal, SREC Markets | 1 Comment »

Maryland SREC Market and Out-of-State SRECs

Monday, March 14th, 2011

The March SREC auction saw a drop in pricing in Maryland that accompanied the more predictable price drops in DC and Pennsylvania. March marks the first month that 2011 SRECs are available for sale in Maryland and it is not uncommon to see a slump in SREC pricing at the beginning of the trading year. However, there were a few notable changes to the SREC market in Maryland over the past few months. As we pointed out earlier, there has been a lot of uncertainty around how the state was interpreting a seemingly contradictory law with respect to out-of-state SRECs. It seemed that the state would allow SRECs from anywhere within the PJM region and adjacent areas, which could be interpreted to include New York and North Carolina.

In the past few months Maryland approved facilities grew from our December report of 12.2 MW total (2.3 MW from out-of-state) to our January report of 27.6 MW total (15 MW from out-of-state). The majority of that increase comes from the inclusion of the 10 MW Exelon solar farm in Chicago. That project resides in the PJM Region and is therefore eligible for the Maryland market. In addition to that project, an additional 2.7 MW of out-of-state facilities were approved, an indication that Maryland is definitely taking on out-of-state facilities, and at a fast rate.

Maryland may have also clarified what constituted an “adjacent” area to the PJM region. On February 10th, GATS sent out an update that included the following: “There are also some MD facilities that are no longer eligible beginning January 2011 and those certification numbers will be removed prior to the certificate creation this month.” This would explain why our January report of 27.6 MW total (15 MW from out-of-state) turned into a February report of only 26.7 MW total (13.9 from out-of-state). It seems  a big part of that reduction came from the exclusion of the SAS 1.2 MW facility in North Carolina. So at the same time that the out-of-state supply was growing in Maryland, some facilities were removed from eligibility.

For the time being, Maryland is a market open to out-of-state facilities, but according to the law:

(a) Utilities must prove that they are unable to meet their requirements with in-state SRECs: “only to the extent that Maryland Tier 1 solar RECs are insufficient, a supplier may satisfy the statutory requirement with RECs from a solar renewable energy facility not connected with the electric distribution grid serving Maryland.”

Note: The concern here is how does a utility demonstrate that they are unable to procure from in-state prior to purchasing out-of-state? In 2010, according to one contact at the PSC, it seemed that the utilities were not willing to make the effort. Perhaps this has changed in 2011.

(b) Starting in 2012, the market becomes an in-state market only: “On or after January 1, 2012, a supplier’s Tier 1 solar REC obligation under Public Utilities Article, §7-703, Annotated Code of Maryland, shall be satisfied only with RECs from a solar renewable energy facility connected with the electric distribution grid serving Maryland.”

Note: This statement is clearly intended to close off the Maryland SREC market only to in-state solar after 2011, but the “electric distribution grid serving Maryland” is not clearly defined in the law. Based on discussions with the PSC, the likely interpretation is that, although the “transmission” grid serving Maryland (used in other places in the law) can include the rest of the PJM region, the actual distribution grid is most likely limited to Maryland. The likelihood of distribution level facilities originating in a bordering state would be rare, if non-existent, according to the PSC.

To summarize, there has been a significant uptake in out-of-state facilities being registered in Maryland, but the law should protect the in-state solar market from being affected by these facilities. In addition, those facilities should be ineligible for the market from 2012 onwards, so the long-term outlook for in-state solar should be secure. Barring any alternative interpretations of the Maryland RPS, the in-state Maryland solar market should be healthy in 2011. There are currently ~13 MW in Maryland and the state needs to have ~30 MW on average in 2011 to meet the requirement of approximately 34,000 SRECs in 2011. If the state can get there on its own, then it limits the opportunity for Exelon and other out-of-state facilities. If Maryland falls short, their will be a market for out-of-state facilities but only in 2011.

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Maryland and out-of-state SRECs

Friday, January 14th, 2011

The recognition of out-of-state SRECs in Maryland has been a fairly ambiguous topic for quite some time now. According to the RPS solar carve-out law in Maryland, statute §7–701:

(i)“Renewable energy credit” or “credit” means a credit equal to the generation attributes of 1 megawatt–hour of electricity that is derived from a Tier 1 renewable source or a Tier 2 renewable source that is located:

(1)   in the PJM region; or

(2)   outside the area described in item (1) of this subsection but in a control area that is adjacent to the PJM region, if the electricity is delivered into the PJM region.

This means that Maryland buyers can procure SRECs from anywhere in the PJM region or a “control area” bordering the region if the electricity is delivered into the region.

Later, the law gets even trickier in §7–704 to say:

“On or before December 31, 2011, energy from a Tier 1 renewable source under § 7–701(l)(1) of this subtitle that is not connected with the electric distribution grid serving Maryland is eligible for inclusion in meeting the renewable energy portfolio standard only if offers for solar credits from Maryland grid sources are not made to the electricity supplier that would satisfy requirements under the standard and only to the extent that such offers are not made.”

Note that § 7–701(l)(1) refers to solar specifically. This makes things even more confusing because what it attempts to say is that Maryland buyers can purchase SRECs from facilities not connected to the grid serving Maryland until the end of 2011 as long as they can prove they cannot source SRECs from within the grid serving Maryland.

What does that even mean? Is the “electric distribution grid serving Maryland” the same as the PJM Region? Is it just the state of Maryland? Is it the PJM Region plus adjacent control areas as long as the electricity is delivered into the PJM Region? Furthermore, how does a buyer prove that they can’t fulfill their requirements within the electric distribution grid, so that they can get approval to buy from facilities not connected to the grid?

Our interpretation: If you’re not connected to the electricity grid serving Maryland, it’s probably not worth the trouble to apply. For starters, if you can sell them, your SRECs are only usable in 2011. In addition, the buyer would need to provide proof that they can’t procure SRECs from within the grid serving Maryland. Assuming that this refers to the PJM Region, then it is highly unlikely that buyers in Maryland would not be able to procure SRECs from within the grid. And finally, onerous requirements like “Mail the original and 14 paper copies of all documents” in the Maryland application process make it one of the most tedious state certifications out there.

What we do know is that there are 2.3 MW of projects outside Maryland that are currently registered in the state and generating SRECs in GATS. These facilities are from: DC, DE, IL, NC, NY, OH, PA, VA, WV.  Of the 107 facilities from outside Maryland, 63 were built in 2010. All of these states are within the PJM Region with the exception of NY, which had 4 facilities from 2004-06 approved. It is likely that the Maryland Public Service Commission has since stopped accepting NY facilities and other facilities from outside the PJM Region.

While we can’t predict how buyers view out-of-state SRECs in Maryland, we now have an in-state/out-of-state option for buyers in the Maryland SREC auction. If you have a facility that is located in the PJM region, we would encourage you to apply to the Maryland SREC market (despite the impact that 14 copy requirement might have on the environment). Instructions can be found on our State Certifications page. We can also do it for a fee if you are an EasyREC customer.

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Solar Capacity in the SREC States in 2010

Wednesday, July 28th, 2010

SRECTrade’s State of the SREC Markets in 2010
The New Jersey, Pennsylvania and Delaware Energy Years came to a close on May 31, 2010.  The following is a report of the solar capacity in megawatts (MW) certified and registered to create SRECs in all states at that time.

Solar generators by state located: This table is based solely on the location of the facility and does not include multiple state listings. All facilities must have been registered by May 31st, 2010.
Volume by state

As you can see New Jersey has by far the largest amount of solar installed and eligible for SRECs with 146 MW. Pennsylvania is a distant second at 17 MW.  Meanwhile, Ohio and Illinois are third and fourth respectively, however of the 16 MW in Ohio, 12 come from one facility and of the 10.1 MW in Illinois, 10 come from one facility. Delaware and Maryland both have sizable markets at around 6 MW each. Volumes in other state are much smaller since there is no local SREC market.

Solar generators by size: Projects certified for SREC markets range in size from as small as 0.5 kW to as large as 12 MW, however, only 20 out of the 7,700 projects are over 1 MW.  Of those 20 projects all are well below 5 MW, with the exception of a 10 MW facility in Illinois and 12 MW facility in Ohio. The lack of multi-MW facilities in the SREC markets is a function of both the complexity involved and constraints on demand. The only state SREC market today with any legitimate appetite for multi-MW facilities is New Jersey.

Solar generators by state eligibility: Because some states accept out-of-state SRECs, the in-state supply listed above differs from the total supply available to buyers in that state.  For instance, Ohio’s market also includes facilities located in PA, WV, KY, IN, and MI.  The table below lists the total solar capacity in megawatts eligible for each SREC market, along with the percent of the market that is sourced in-state.  Note: many facilities will be counted multiple times in this table since they are eligible in several states. For example, the 10 MW facility in Illinois is eligible in both DC and PA.

Thurs Table 2 final cropped

In Ohio 89.6% of the market is in-state SRECs. Some of our customers have asked why in-state Ohio SRECs do not sell at a premium because of the 50% in-state requirement. The reason is that, as you can see, buyers are not having difficulty meeting the 50% requirement with the large supply of in-state SRECs. In the future as the requirements increase, in-state SRECs could be harder to come by and may indeed sell for more than out-of-state SRECs.

Interpreting the data: One important thing to notice is that the 2010 Capacity Requirement column details the capacity required to be sustained throughout the entire energy year. The Volume column shows the capacity registered through May 2010. For example, New Jersey needed approximately 160 MW of capacity running on average from June 2009 through May 2010 in order to meet the 2010 SREC requirement. The state is actually farther away from the 160 MW capacity mark than the 145.69 MW volume would suggest.  Capacity in New Jersey grew approximately 65 MW over the course of the year and so there were probably only enough SRECs created to meet approximately 110-115 MW of the 160 MW requirement. That requirement increases in the 2011 Energy Year to approximately 260 MW. For more information on the growth of the New Jersey market and any other state market, please visit our page devoted to State SREC Markets.

Assumptions used in calculations: Solar capacity required is based on 2007 Department of Energy electricity sales figures, assuming a 1.5% growth rate. The resulting solar megawatt-hours required (i.e. SRECs) are converted to megawatt capacity requirement at a rate of 1200 MWhs per MW.

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Posted in Delaware, Maryland, New Jersey, Ohio, Pennsylvania, SREC Markets, Washington, DC | No Comments »

Maryland follows New Jersey and raises RPS levels

Monday, May 17th, 2010

Maryland Governor Martin O’Malley has said he will sign into law a new Renewable Portfolio Standard that increases the Alternative Compliance Payments (ACP) due if utilities don’t buy enough SRECs. Higher ACPs support higher SREC prices which in turn encourage more solar development.

While rebate programs have proven unreliable as state budgets are stained, SREC programs have proven to be a stable incentive for solar. New Jersey recently suspended their solar rebate program but has increased their ACP levels and the percentage of solar electricity required three times. Maryland is following suit, increasing the ACP to $400 through 2014 and slowing the pace that they lower ACP.

Compare the old and new Maryland RPS:

Year Solar RPS % Old ACP New ACP
2009 0.01% $400
2010 0.025% $400 $400
2011 0.05% $350 $400
2012 0.10% $350 $400
2013 0.20% $300 $400
2014 0.30% $300 $400
2015 0.40% $250 $350
2016 0.50% $250 $350
2017 0.55% $200 $200
2018 0.90% $200 $200
2019 1.20% $150 $150
2020 1.50% $150 $150
2021 1.85% $100 $100
2022 2.00% $100 $100
2023 2.00% $50

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