Maryland Geothermal NON Residential Affidavit

In 2012, Maryland became the first state in the country to make the energy generated by GHC technologies eligible for the Renewable Portfolio Standard (RPS) as a Tier 1 renewable source (HB 1186). GHC system owners are also eligible for Renewable Energy Credits (RECs), equivalent to 1 MegaWatt-hour (MWh) of electricity.

About Non Residential Geothermal Applicants for Maryland's Renewable Energy Program

Starting January 1, 2023, a person can receive renewable energy credits for a non-residential geothermal heating and cooling system based on the amount of thermal energy saved by that system. According to Public Utilities Article § 7-704(h)(1), a non-residential geothermal heating and cooling system that was placed in service on or before December 31, 2022, is still eligible for RECs if there is capacity in that program.

If your system does not meet the post-2023 provisions, it will also not be eligible for previous programs. 

To qualify for non-residential RECs, the geothermal heating and cooling system must be installed in a non-residential facility. Non-residential facilities include commercial buildings and multi-family housing units.

See more about Non Residential Eligibility here. 

The Geothermal Non Residential Affidavit Explained

As part of the application process, non residential geothermal system owners will need to submit a Geothermal Non Residential Affidavit after filling out the Geothermal Intake Form with Carbon Solutions Group. As a system owner, this is what you need to know. 

What codes are you attesting to in this document?

AFFIDAVIT OF RESIDENTIAL GENERAL COMPLIANCE

1. The geothermal system meets or exceeds the current federal Energy Star product specification standards.

Your installer will also attest to this. 

2. The geothermal system replaces or displaces inefficient space cooling systems that do not meet federal Energy Star product specification standards.

In this program, you cannot replace any system that is already Energy Star rated. 

3. The Applicant is in compliance with all applicable environmental and administrative requirements as specified under Section 7-704 of the Public Utilities Article of the Annotated Code of Maryland.

This means you are attesting, through Section 7-704, that your geothermal energy is from a Tier 1 renewable source, that the source is connected to the electric distribution grid serving Maryland, and that it meets local building and state well construction codes.

In order to create a renewable energy credit, a Tier 1 renewable source must substantially comply with all applicable environmental and administrative requirements, including air quality, water quality, solid waste, and right–to–know provisions, permit conditions, and administrative orders.

This code also stipulates that you must first offer renewable energy credits to local electricity suppliers.

4. The Applicant acknowledges that any change in compliance status constitutes a change of information, notice of which Applicant is required by COMAR 20.61.02.03B to file with the Commission within 30 days. 

All changes need to be reported in this timeframe. 

5. The Applicant agrees to comply with all applicable federal and state environmental laws and regulations, Section 7-701 et seq. of the Public Utility Companies Article of the Annotated Code of Maryland, Subtitle 20.61 of the Maryland Code of Regulations, and any additional legal requirements of the Maryland Renewable Energy Portfolio Standard Program.

Section 7-701 et seq. of the Public Utility Companies Article of the Annotated Code of Maryland: Asks that your system complies with the official definition, where a geothermal heating and cooling system” which means it:

(1) exchanges thermal energy from groundwater or a shallow ground source to generate thermal energy through a geothermal heat pump or a system of geothermal heat pumps interconnected with any geothermal system that is:

(i) a closed loop or a series of closed loop systems in which fluid is permanently confined within a pipe or tubing and does not come in contact with the outside environment  or

(ii) an open loop system in which ground or surface water is circulated in an environmentally safe manner directly into the facility and returned to the same aquifer or surface water source;

(2) meets or exceeds the current federal Energy Star product specification standards;

(3) replaces or displaces inefficient space or water heating systems whose primary fuel is electricity or a nonnatural gas fuel source;

(4) replaces or displaces inefficient space cooling systems that do not meet federal Energy Star product specification standards;

(5) is manufactured, installed, and operated in accordance with applicable government and industry standards;  and

(6) does not feed electricity back to the grid.

Subtitle 20.61 of the Maryland Code of Regulations: Establishes regulations governing the Renewable Energy Portfolio Standard Program in Maryland and attestation means that you are in compliance with system and registration requirements. 

All systems must meet environmental regulations, including air quality, water quality, solid waste, and right–to–know provisions, permit conditions, and administrative orders.

Finally, your installer will complete an attestation requiring them to affirm that your system was fully operational and delivering energy savings on the Installation Date and continues to do so. 

We appreciate the

opportunity to work with you.

Carbon Solutions Group

Contact Information

Phone: 888-316-GREC

Email: GREC@carbonsolutionsgroup.com