§269-124  Transitioning from utility
demand-side management programs to the public benefits fee.  If the public
utilities commission establishes a public benefits fee pursuant to section
269-121, the public utilities commission shall:



(1)  Develop a transition plan that ensures that:



(A)  Utility demand-side management programs
are continued, to the extent practicable, until the transition date; and



(B)  The public benefits fee administrator will
be able to provide demand-side management and energy-efficiency services on the
transition date;



(2)  Encourage programs that allow all retail
electricity customers, including state and county agencies, regardless of the
retail electricity or gas provider, to have an opportunity to participate in
and benefit from a comprehensive set of cost-effective demand-side management
and energy-efficiency programs and initiatives designed to overcome barriers to
participation;



(3)  Encourage programs, measures, and delivery
mechanisms that reasonably reflect current and projected utility integrated
resource planning, market conditions, technological options, and environmental
benefits;



(4)  Facilitate the delivery of these programs as
rapidly as possible, taking into consideration the need for these services and
cost-effective delivery mechanisms;



(5)  Consider the unique geographic location of the
State and the high costs of energy in developing programs that will promote
technologies to advance energy efficiency and use of renewable energy and
permit the State to take advantage of activities undertaken in other states,
including the opportunity for multi-state programs;



(6)  Require the public benefits fee administrator
contracted by the public utilities commission under section 269-122 to deliver
programs in an effective, efficient, timely, and competent manner and to meet
standards that are consistent with state policy and public utilities commission
policy; and



(7)  Before January 2, 2008, and every three years
thereafter, require verification by an independent auditor of the reported
energy and capacity savings and incremental renewable energy production savings
associated with the programs delivered by the public benefits fee administrator
contracted by the public utilities commission to deliver energy-efficiency and
demand-side management programs under section 269-121. [L 2006, c 162, pt of
§1; am L 2008, c 118, pt of §2]