10-19-201 - Target amount of qualifying electricity -- Renewable energy certificate -- Cost-effectiveness.
10-19-201. Target amount of qualifying electricity -- Renewable energy certificate-- Cost-effectiveness.
(1) (a) To the extent that it is cost-effective to do so, beginning in 2025 the annual retailelectric sales in this state of each municipal electric utility shall consist of qualifying electricity orrenewable energy certificates in an amount equal to at least 20% of adjusted retail electric sales.
(b) The amount under Subsection (1)(a) is computed based upon adjusted retail sales forthe calendar year commencing 36 months before the first day of the year for which the targetcalculated under Subsection (1)(a) applies.
(c) Notwithstanding Subsections (1)(a) and (b) an increase in the annual target from oneyear to the next is limited to the greater of:
(i) 17,500 megawatt-hours; or
(ii) 20% of the prior year's amount under Subsections (1)(a) and (b).
(2) Cost-effectiveness under Subsection (1) is determined using any criteria applicable tothe municipal electric utility's acquisition of a significant energy resource established by themunicipality's legislative body.
(3) This section does not require a municipal electric utility to:
(a) substitute qualifying electricity for electricity from a generation source owned orcontractually committed, or from a contractual commitment for a power purchase;
(b) enter into any additional electric sales commitment or any other arrangement for thesale or other disposition of electricity that is not already, or would not be, entered into by themunicipal electric utility; or
(c) acquire qualifying electricity in excess of its adjusted retail electric sales.
(4) A municipal electrical corporation may combine the following to meet Subsection(1):
(a) qualifying electricity from a renewable energy source owned by the municipal electricutility;
(b) qualifying electricity acquired by the municipal electric utility through trade, powerpurchase, or other transfer; and
(c) a bundled or unbundled renewable energy certificate, including a banked renewableenergy certificate.
(5) To meet Subsection (1), a municipal electric utility may also count:
(a) qualifying electricity generated or acquired or renewable energy certificates acquiredfor a program permitting the municipal electric utility's customers to voluntarily contribute to arenewable energy source; and
(b) electricity allocated to this state that is produced by a hydroelectric facility becomingoperational after December 31, 2007 if the hydroelectric facility is located in any state in whichthe municipal electric utility, or the interlocal entity with which the municipal electric utility hasa contract, provides electric service.
Enacted by Chapter 374, 2008 General Session