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Public Utilities | |
Energy Resource Procurement Act | |
Section 601 | Definitions. |
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54-17-601. Definitions. As used in this part: (1) "Adjusted retail electric sales" means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by: (a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation; (b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 54-17-602(1): (i) wind energy; (ii) solar photovoltaic and solar thermal energy; (iii) wave, tidal, and ocean thermal energy; (iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A) organic waste; (B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C) agricultural residues; (D) dedicated energy crops; and (E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v) geothermal energy; (vi) hydroelectric energy; or (vii) waste gas and waste heat capture or recovery; and (c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from demand side management as defined in Section 54-7-12.8, with the kilowatt-hours for an electrical corporation whose rates are regulated by the commission and adjusted by the commission to exclude kilowatt-hours for which a renewable energy certificate is issued under Subsection 54-17-603(4)(b). (2) "Amount of kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying carbon sequestration generation," for qualifying carbon sequestration generation, means the kilowatt-hours supplied by a facility during the calendar year multiplied by the ratio of the amount of carbon dioxide captured from the facility and sequestered to the sum of the amount of carbon dioxide captured from the facility and sequestered plus the amount of carbon dioxide emitted from the facility during the same calendar year. (3) "Banked renewable energy certificate" means a bundled or unbundled renewable energy certificate that is: (a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and (b) carried forward into a subsequent year. (4) "Bundled renewable energy certificate" means a renewable energy certificate for
qualifying electricity that is acquired: (D) dedicated energy crops; and (E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v) geothermal energy located outside the state; (vi) waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from: (A) an abandoned coal mine; or (B) a coal degassing operation associated with a state-approved mine permit; (vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995; (viii) compressed air, if: (A) the compressed air is taken from compressed air energy storage; and (B) the energy used to compress the air is a renewable energy source; or (ix) municipal solid waste; (b) any of the following: (i) up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization; (ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or (iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational; (c) hydrogen gas derived from any source of energy described in Subsection (10)(a) or (b); (d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (10)(a) through (c); and (e) any of the following located in the state and owned by a user of energy: (i) a demand side management measure, as defined by Subsection 54-7-12.8(1), with the quantity of renewable energy certificates to which the user is entitled determined by the equivalent energy saved by the measure; (ii) a solar thermal system that reduces the consumption of fossil fuels, with the quantity of renewable energy certificates to which the user is entitled determined by the equivalent kilowatt-hours saved, except to the extent the commission determines otherwise with respect to net-metered energy; (iii) a solar photovoltaic system that reduces the consumption of fossil fuels with the quantity of renewable energy certificates to which the user is entitled determined by the total production of the system, except to the extent the commission determines otherwise with respect to net-metered energy; (iv) a hydroelectric or geothermal facility with the quantity of renewable energy certificates to which the user is entitled determined by the total production of the facility, except to the extent the commission determines otherwise with respect to net-metered energy; (v) a waste gas or waste heat capture or recovery system, other than from a combined cycle combustion turbine that does not use waste gas or waste heat, with the quantity of
renewable energy certificates to which the user is entitled determined by the total production of
the system, except to the extent the commission determines otherwise with respect to net-metered
energy; and
Amended by Chapter 119, 2010 General Session |
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