§ 39-26-2 - Definitions.
SECTION 39-26-2
§ 39-26-2 Definitions. – When used in this chapter:
(1) "Alternative compliance payment" means a payment to theRenewable Energy Development Fund of fifty dollars ($50.00) per megawatt-hourof renewable energy obligation, in 2003 dollars, adjusted annually up or downby the consumer price index, which may be made in lieu of standard means ofcompliance with this statute;
(2) "Commission" means the Rhode Island public utilitiescommission;
(3) "Compliance year" means a calendar year beginning January1 and ending December 31, for which an obligated entity must demonstrate thatit has met the requirements of this statute;
(4) "Customer-sited generation facility" means a generationunit that is interconnected on the end-use customer's side of the retailelectricity meter in such a manner that it displaces all or part of the meteredconsumption of the end-use customer;
(5) "Educational institution" means any public school,approved private non-profit school, or institution of higher education asdefined in 20 U.S.C. Chapter 28, Subchapter 1, Part A § 1001 (a).
(6) "Electrical energy product" means an electrical energyoffering, including, but not limited to, last resort and standard offerservice, that can be distinguished by its generation attributes or othercharacteristics, and that is offered for sale by an obligated entity to end-usecustomers;
(7) "Eligible biomass fuel" means fuel sources includingbrush, stumps, lumber ends and trimmings, wood pallets, bark, wood chips,shavings, slash and other clean wood that is not mixed with other solid wastes;agricultural waste, food and vegetative material; energy crops; landfillmethane; biogas; or neat bio-diesel and other neat liquid fuels that arederived from such fuel sources;
(8) "Eligible renewable energy resource" means resources asdefined in § 39-26-5;
(9) "End-use customer" means a person or entity in RhodeIsland that purchases electrical energy at retail from an obligated entity;
(10) "Existing renewable energy resources" means generationunits using eligible renewable energy resources and first going into commercialoperation before December 31, 1997;
(11) "Farm" shall be defined in accordance with §44-27-2, except that all buildings associated with the farm shall be eligiblefor net metering credits as long as: (i) the buildings are owned by the sameentity operating the farm or persons associated with operating the farm; and(ii) the buildings are on the same farmland as the renewable generation oneither a tract of land contiguous with such farmland or across a public wayfrom such farmland.
(12) "Generation attributes" means the nonpricecharacteristics of the electrical energy output of a generation unit including,but not limited to, the unit's fuel type, emissions, vintage and policyeligibility;
(13) "Generation unit" means a facility that converts a fuelor an energy resource into electrical energy;
(14) "NE-GIS" means the generation information systemoperated by NEPOOL, its designee or successor entity, which includes ageneration information database and certificate system, and that accounts forthe generation attributes of electrical energy consumed within NEPOOL;
(15) "NE-GIS certificate" means an electronic record producedby the NE-GIS that identifies the relevant generation attributes of eachmegawatt-hour accounted for in the NE-GIS;
(16) "NEPOOL" means the New England Power Pool or itssuccessor;
(17) "Net metering" means the process of measuring thedifference between electricity delivered by an electrical distribution companyand electricity generated by a solar-net-metering facility or wind-net-meteringfacility, and fed back to the distribution company;
(18) "New renewable energy resources" means generation unitsusing eligible renewable energy resources and first going into commercialoperation after December 31, 1997; or the incremental output of generationunits using eligible renewable energy resources that have demonstrablyincreased generation in excess of ten percent (10%) using eligible renewableenergy resources through capital investments made after December 31, 1997; butin no case involve any new impoundment or diversion of water with an averagesalinity of twenty (20) parts per thousand or less;
(19) "Non-profit affordable housing" shall mean a housingdevelopment or housing project as defined by § 42-55-3 undertaken by anon-profit entity where the residential units taking electric service areeither in the same building in close proximity to the renewable energy sourceor, if not within the same building, are within one-half (1/2) of a mile radiusfrom the renewable energy source; provided, however, that the application hasbeen filed with and reviewed by the division of public utilities and carriersand the division has certified the development or project as eligible. Thedivision shall promulgate regulations setting forth an application process andeligibility criteria to assure that the net metering allowed will benefit thelow income affordable housing residents only. The renewable generation creditapplicable for nonprofit affordable housing shall be calculated based on therate class applicable to residential units.
(20) "Obligated entity" means a person or entity that sellselectrical energy to end-use customers in Rhode Island, including, but notlimited to: nonregulated power producers and electric utility distributioncompanies, as defined in § 39-1-2, supplying standard offer service, lastresort service, or any successor service to end-use customers; includingNarragansett Electric, but not to include Block Island Power Company asdescribed in § 39-26-7 or Pascoag Utility District;
(21) "Off-grid generation facility" means a generation unitthat is not connected to a utility transmission or distribution system;
(22) "Renewable generation credit" means credit equal to theexcess kWhs by the time of use billing period (if applicable) multiplied by thesum of the distribution company's:
(i) standard offer service kWh charge for the rate classapplicable to the net metering customer;
(ii) distribution kWh charge;
(iii) transmission kWh charge; and
(iv) transition kWh charge. This does not include any chargesrelating to conservation and load management, demand side management, andrenewable energy.
(23) "Reserved certificate" means a NE-GIS certificate soldindependent of a transaction involving electrical energy, pursuant to Rule 3.4or a successor rule of the operating rules of the NE-GIS;
(24) "Reserved certificate account" means a speciallydesignated account established by an obligated entity, pursuant to Rule 3.4 ora successor rule of the operating rules of the NE-GIS, for transfer andretirement of reserved certificated from the NE-GIS;
(25) "Self-generator" means an end-use customer in RhodeIsland that displaces all or part of its retail electricity consumption, asmetered by the distribution utility to which it interconnects, through the useof a customer-sited generation facility, the ownership of any such facilityshall not be considered an obligated entity as a result of any such ownershiparrangement;
(26) "Small hydro facility" means a facility employing one ormore hydroelectric turbine generators and with an aggregate capacity notexceeding thirty (30) megawatts. For purposes of this definition, "facility"shall be defined in a manner consistent with Title 18 of the Code of FederalRegulations, section 92.201 et seq.; provided, however, that the size of thefacility is limited to thirty (30) megawatts, rather than eighty (80) megawatts.
(27) "Towns and cities" means any Rhode Island town or citywith the powers set forth in title 45 of the general laws, which may exerciseall such powers, including those set forth in chapter 45-40.1, in developing,owning, operating or maintaining energy generation units utilizing eligiblerenewable energy resources.