Statewide Solar Energy Permit Application (300-RICR-00-00-3)


300-RICR-00-00-3 INACTIVE RULE

3.1 PURPOSE

The purpose of these regulations is to create a statewide solar energy permit application that will provide applicants with a predictable and universal process for obtaining a single permit from municipalities that encompasses both building and electric permits for solar photovoltaic systems.

3.2 AUTHORITY

These regulations are promulgated by the Rhode Island Office of Energy Resources, in consultation with the Rhode Island State Building Code Commission, pursuant to 2017 R.I. Public Laws Ch. 10, § 1 (enacted June 19, 2017). 2017 R.I. Public Laws Ch. 10, § 1 is expected to be codified as R.I. Gen. Laws § 45-68-1 et seq.

3.3 SCOPE

These regulations apply to all municipalities. In accordance with 2017 R.I. Public Laws Ch.10, § 1, municipalities will be required to ensure utilization of the statewide solar energy permit application beginning on January 1, 2018.

3.4 DEFINITIONS

A. As used in these regulations the following definitions shall apply unless the context clearly requires otherwise:

1. “Alternating current” or “AC” means a type of electrical current, the direction of which is reversed at regular intervals or cycles. In the United States, the standard is 120 reversals or 60 cycles per second. Electricity transmission networks use AC because voltage can be controlled with relative ease.

2. “Applicant” means an individual who is applying for a permit to install a solar photovoltaic system.

2. “Commission” means the Rhode Island State Building Code Commission.

3. “Direct current” or “DC” means a type of electricity transmission and distribution by which electricity flows in one direction through the conductor, usually relatively low voltage and high current. To be used for typical 120 volt or 220 volt household appliances, DC must be converted to alternating current, its opposite.

4. “Energy storage” means the capture of energy produced at one time for use at a later time. A device that stores energy is sometimes called an accumulator or battery.

5. “Grid” means a commercial electric power distribution system that takes electricity from a generator (e.g., fossil fuel boiler and generator, diesel generator, wind turbines, water turbine, etc.), transmits it over a certain distance, then takes the electricity down to the consumer through a local distribution system. The entire system is referred to as the grid.

6. “Inverter” means an electronic device or circuitry that changes the DC output of the photovoltaic (PV) solar panels to a utility frequency AC that can be fed into a commercial electrical grid or used by a local, off-grid electrical network.

7. “Module” or “solar panel” means many solar cells linked together to form a circuit and are mounted in a frame. PV solar panels generate DC electricity, which must then be converted to AC electricity by an inverter because the United States electrical grid uses AC power.

8. “Municipality” means a city or town located in the State of Rhode Island.

9. “Office” means the Rhode Island Office of Energy Resources.

10. “One line electrical diagram” means a drawing showing the number of photovoltaic panels with voltage and kilowatt output, the size of the main service panel, and other electrical information related to the project.

11. “Rhode Island professional engineer” means:

a. a person who has been registered and licensed by the State Board of Registration for Professional Engineers and holds a certificate of registration in the discipline of structural engineering in accordance with R.I. Gen. Laws § 5-8-3(c)(3) and Section 130.20.3 of the Rules and Regulations for Professional Engineering in the State of Rhode Island; or

b. a person who received a general professional engineer license in Rhode Island prior to April 1, 1995 and who is eligible to stamp structural design drawings because his or her practice, education and experience are in the field of structural engineering.

12. “Solar photovoltaic system” or “PV system” means an arrangement of several components, including solar modules to absorb and convert sunlight into electricity, a solar inverter to change the electric current from DC to AC, as well as mounting, cabling and other electrical accessories to set up a working system.

13. “Statewide solar energy permit application” means a standard application used by municipalities that covers both the building and electrical permit aspects of solar system installations.

14. “128 project certification form” means the form created in accordance with R.I. Gen. Laws § 23-27.3-128 et seq. of the Rhode Island Building Code.

3.5 STATEWIDE SOLAR ENERGY PERMIT APPLICATION

A. The Office shall develop a statewide solar energy permit application by incorporating the contents listed in § 3.5(D) of this Part.

B. The Office may, from time to time, amend the statewide solar energy permit application and shall notify the municipalities of any amendments to the application. ­­­­­­­­­­­­

C. Each municipality shall require applicants to utilize the statewide solar energy permit application.

D. At a minimum, the statewide solar energy permit application shall contain the following information and documentation:

1. Name and address of the owner of the property;

2. Address of the property on which the PV system will be installed, including section, plat, and lot number;

3. Whether the property is in a historic district;

4. Whether the use of the PV system is for a one or two family residence, townhouse, commercial, or other;

5. Total PV system size, both AC and DC;

6. Interconnection location in reference of existing meter (i.e. utility side or customer side);

7. Mounting structure (i.e. ground, roof, or solar canopy);

8. Whether an energy storage component is associated with the PV system, and, if yes, whether the storage use is for backup power or grid services, and how the storage unit will be charged (i.e. solar PV, grid, or both);

9. Business name and address of the applicant (including Rhode Island registration number) and electrician(s) working on the solar installation (including Rhode Island license number);

10. Existing roofing material (i.e. metal, asphalt, fiberglass, wood, membrane, other);

11. Method and type of weatherproofing for roof penetrations (i.e. flashing, caulk);

12. Whether the mounting structure has been engineered and designed to mount solar electric modules and, if not, the details of the mounting structure in a letter from a Rhode Island professional engineer;

13. For manufactured mounting systems:

a. Mounting system manufacturer;

b. Mounting system make and model number;

c. Total weight of solar electric modules and rails (expressed in lbs.);

d. Total number of attachment points;

e. Weight per attachment point (expressed in lbs.);

f. Maximum spacing between attachment points on a rail (expressed in inches);

g. Designed wind speed (expressed in mph);

h. Total surface area of solar electric modules (expressed in ft2);

i. Distributed weight of solar electric module on roof (expressed in lbs/ft2);

14. Inverter and module(s), including the quantity, make, and model;

15. Stamped structural letter signed by a licensed Rhode Island professional engineer;

16. Site plan for ground mounted units;

17. Layout drawing;

18. One line electrical diagram;

19. Manufacturer specification sheets for equipment including modules, inverter(s), racking, and storage equipment (if applicable);

20. For all installations 15kW AC or larger, a 128 project certification form;

21. For all residential (one and two family) installations, certification from a Rhode Island professional engineer that the current structure is able to accommodate all code design loads including, but not limited to, uplift loads, and/or engineered design criteria to modify the existing structure to accommodate said loads; and

22. Signature of applicant and date of application.



Title 300 Office of Energy Resources
Chapter 00 N/A
Subchapter 00 N/A
Part 3 Statewide Solar Energy Permit Application (300-RICR-00-00-3)
Type of Filing Adoption
Regulation Status Inactive
Effective 01/01/2018 to 01/01/2018

Regulation Authority:

2017 R.I. Public Laws Ch.10, § 1

Purpose and Reason:

AGENCY: Office of Energy Resources (OER) DIVISION: N/A RULE IDENTIFIER: 300-RICR-00-00-3 (Proposed as 300-RICR-00-00-4); ERLID Number: 8928 RULE TITLE: Statewide Solar Energy Permit Application REASON FOR RULEMAKING: The purpose of these regulations is to create a statewide solar energy permit application that will provide applicants with a predictable and universal process for obtaining a single permit from municipalities that encompasses both building and electric permits for solar photovoltaic systems. ANY FINDING REQUIRED BY LAW AS A PREREQUISITE TO THE EFFECTIVENESS OF THE RULE: (if any) N/A TESTIMONY AND COMMENTS: OER received three comments. See comments below and response from OER. Comment: “Most cities and towns require the engineer doing the calculations for the solar project to be a Structural engineer. I ran into this issue last year and had to use a different engineer because ours did not have a classification on his license (he got it before they categorized the licenses). This should probably be clarified on the new permit. As it states now, the engineer doing the structural calculations is only required to be a "professional" engineer. But as I mentioned, there are a few different types of engineers.” Response: OER, in consultation with the Debarment of Business Regulation (DBR), clarified the definition of Rhode Island Professional Engineer as follows: “Rhode Island professional engineer” means (i) a person who has been registered and licensed by the State Board of Registration for Professional Engineers and holds a certificate of registration in the discipline of structural engineering in accordance with R.I. Gen. Laws § 5-8-3(c)(3) and Section 130.20.3 of the Rules and Regulations for Professional Engineering in the State of Rhode Island; or (ii) a person who received a general professional engineer license in Rhode Island prior to April 1, 1995 and who is eligible to stamp structural design drawings because his or her practice, education and experience are in the field of structural engineering. Comment: “I received a copy of the notice of public hearing to be held November 20th in regard to solar permit applications. Upon first glance it seems to cover the necessary items. However, I am somewhat uncertain as to whether or not it intends to supersede local regulations of where solar improvements would be allowed. For instance, the draft application information relative to locating in an historic district and whether or not the property is a 1 or 2 family home. Are these conditions intended to trigger restrictions? Please provide me any guidance that may be appropriate to understand the proposed regulation.” Response: The solar permit application is neither designed to be restrictive nor is the intent to trigger restrictions. It is designed to be the most comprehensive application which factors in some conditions that municipalities may currently have such as historical districts. Some communities may not have historical districts but it is important for communities that do have historic districts to know if the project is located in such an area because the project might then be subjected to additional review beyond building and electrical permitting processes. Zoning or other local regulations as to where solar can be sited is not factored into the design of this document. The solar permit application that will replace all municipal building/electric permit applications relating to solar projects at the local level. OER finds that the Regulation as proposed is appropriate and there is no need for any change based on this comment. Comment: “…we have transitioned to the new e-permitting system.. will the State be providing a template for the e-permitting communities to have this form in our system.” Response: The State, specifically the e-permitting office, will be working with all communities currently on the e-permitting software to implement the new Solar Permit. OER finds that the Regulation as proposed is appropriate and there is no need for any change based on this comment. CHANGE TO TEXT OF THE RULE: Entire Document – The identifier “Part 4” was changed to “Part 3” and all references were updated accordingly throughout the document. This was a formatting change. Section 4.4(A)(2) - At the end of the definition of “Applicant”, the semicolon was changed to a period. This was a formatting change. Section 4.4(A)(11) -The definition of “Rhode Island Professional Engineer” was updated to provide more detail and specificity. This change was made in consultation with the Department of Business Regulation. Section 4.5(D)(21) - At the end of this paragraph, the word “and” was included. This was a technical change to show the final item in the list was coming up next. Section 4.5(D)(22) - At the end of this paragraph, the semicolon was changed to a period. This was a formatting change to show the completion of the list. REGULATORY ANALYSIS: State and local governments each have a key role to play in helping Rhode Island achieve its economic, energy, and environmental goals through strategic investments in energy efficiency and renewable energy. Such measures can present cost-effective opportunities to reduce public sector energy consumption and generate cost savings that provide relief for constrained budgets and the taxpayers who support them. Investments in no-to-low carbon clean energy resources can also create local jobs, support local businesses and reduce greenhouse gas emissions. In the development of these regulations, consideration was given to: (1) alternative approaches; (2) overlap of duplication with other statutory and regulatory provisions; and (3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified based upon available information. DATE THE FINAL RULE WAS SIGNED BY THE AGENCY HEAD: December 6, 2017