S.B. 99 Enrolled

1

RENEWABLE ENERGY CERTIFICATE
2 REVISIONS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Curtis S. Bramble
6 House Sponsor: Wayne A. Harper
7
8 LONG TITLE
9 General Description:
10 This bill clarifies the Public Service Commission (PSC) renewable energy certificate
11 authority.
12 Highlighted Provisions:
13 This bill:
14 . clarifies the PSC's renewable energy certificate authority; and
15 . makes technical corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 54-17-603, as enacted by Laws of Utah 2008, Chapter 374
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 54-17-603 is amended to read:
26 54-17-603. Renewable energy certificate -- Issuance -- Use to satisfy other
27 requirements.
28 (1) The commission shall establish a process for issuance or recognition of a
29 renewable energy certificate.

30 (2) The commission process under Subsection (1) shall provide for the issuance,
31 monitoring, accounting, transfer, and use of a renewable energy certificate, including in
32 electronic form.
33 (3) The commission may:
34 (a) [may] consult with another state or a federal agency and any regional system or
35 trading program to fulfill Subsection (1); and
36 (b) allow use of a renewable energy certificate that is issued, monitored, accounted for,
37 or transferred by or through a regional system or trading program, including the Western
38 Renewable Energy Generation Information System, to fulfill this part's provisions.
39 (4) A renewable energy certificate shall be issued for:
40 (a) qualifying electricity generated on and after January 1, 1995; and
41 (b) the activities of an energy user described in Subsections 10-19-102 (11)(e) and
42 54-17-601 (10)(e) on and after January 1, 1995.
43 (5) The person requesting a renewable energy certificate shall affirm that the
44 renewable energy attributes of the electricity have not been traded, sold, transferred, or
45 otherwise used to satisfy another state's renewable energy requirements.
46 (6) (a) For the purpose of satisfying Subsection 54-17-602 (1) and the issuance of a
47 renewable energy certificate under this section, a renewable energy source located in this state
48 that derives its energy from solar photovoltaic or solar thermal energy shall be credited for 2.4
49 kilowatt-hours of qualifying electricity for each 1.0 kilowatt-hour generated.
50 (b) Notwithstanding Subsection (6)(a), the acquisition or construction by an electrical
51 corporation of a renewable energy source that derives its energy from solar photovoltaic or
52 solar thermal energy shall comply with the cost-effectiveness criteria of Subsection
53 54-17-201 (2)(c)(ii).
54 (7) A renewable energy certificate issued under this section:
55 (a) does not expire; and
56 (b) may be banked.
57 (8) The commission may recognize a renewable energy certificate that is issued,

58 monitored, accounted for, or transferred by or through another state or a regional system or
59 trading program, including the Western Renewable Energy Generation Information System, if
60 the renewable energy certificate is for qualifying electricity.
61 (9) A renewable energy certificate:
62 (a) may be used only once to satisfy Subsection 54-17-602 (1);
63 (b) may be used for the purpose of Subsection 54-17-602 (1) and the qualifying
64 electricity on which the renewable energy certificate is based may be used to satisfy any
65 federal renewable energy requirement; and
66 (c) may not be used if it has been used to satisfy any other state's renewable energy
67 requirement.
68 (10) The commission shall establish procedures and reasonable rates permitting an
69 electrical corporation that is a purchasing utility under Section 54-12-2 to acquire or retain a
70 renewable energy certificate associated with the purchase of power from an independent
71 energy producer.