§269-92 
Renewable portfolio standards.  (a)  Each electric utility company that
sells electricity for consumption in the State shall establish a renewable
portfolio standard of:



(1)  Ten per cent of its
net electricity sales by December 31, 2010;



(2)  Fifteen per cent of
its net electricity sales by December 31, 2015;



(3)  Twenty-five per cent
of its net electricity sales by December 31, 2020; and



(4)  Forty per cent of its
net electricity sales by December 31, 2030.



(b)  The public
utilities commission may establish standards for each utility that prescribe
what portion of the renewable portfolio standards shall be met by specific
types of renewable energy resources; provided that:



(1)  Prior to January 1,
2015, at least fifty per cent of the renewable portfolio standards shall be met
by electrical energy generated using renewable energy as the source, and after
December 31, 2014, the entire renewable portfolio standard shall be met by
electrical generation from renewable energy sources;



(2)  Beginning January 1,
2015, electrical energy savings shall not count toward renewable energy
portfolio standards;



(3)  Where electrical
energy is generated or displaced by a combination of renewable and nonrenewable
means, the proportion attributable to the renewable means shall be credited as
renewable energy; and



(4)  Where fossil and
renewable fuels are co-fired in the same generating unit, the unit shall be
considered to generate renewable electrical energy (electricity) in direct
proportion to the percentage of the total heat input value represented by the
heat input value of the renewable fuels.



(c)  If the public
utilities commission determines that an electric utility company failed to meet
the renewable portfolio standard, after a hearing in accordance with chapter
91, the utility shall be subject to penalties to be established by the public
utilities commission; provided that if the commission determines that the
electric utility company is unable to meet the renewable portfolio standards
due to reasons beyond the reasonable control of an electric utility, as set
forth in subsection (d), the commission, in its discretion, may waive in whole
or in part any otherwise applicable penalties.



(d)  Events or
circumstances that are outside of an electric utility company's reasonable
control may include, to the extent the event or circumstance could not be
reasonably foreseen and ameliorated:



(1)  Weather-related
damage;



(2)  Natural disasters;



(3)  Mechanical or resource
failure;



(4)  Failure of renewable
electrical energy producers to meet contractual obligations to the electric
utility company;



(5)  Labor strikes or
lockouts;



(6)  Actions of
governmental authorities that adversely affect the generation, transmission, or
distribution of renewable electrical energy under contract to an electric
utility company;



(7)  Inability to acquire
sufficient renewable electrical energy due to lapsing of tax credits related to
renewable energy development;



(8)  Inability to obtain
permits or land use approvals for renewable electrical energy projects;



(9)  Inability to acquire
sufficient cost-effective renewable electrical energy;



(10)  Substantial
limitations, restrictions, or prohibitions on utility renewable electrical
energy projects; and



(11)  Other events and
circumstances of a similar nature. [L 2001, c 272, §3; am L 2004, c 95, §5; am
L 2006, c 162, §5; am L 2009, c 155, §3]