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

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

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

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

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

(b)  The publicutilities commission may establish standards for each utility that prescribewhat portion of the renewable portfolio standards shall be met by specifictypes of renewable energy resources; provided that:

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

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

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

(4)  Where fossil andrenewable fuels are co-fired in the same generating unit, the unit shall beconsidered to generate renewable electrical energy (electricity) in directproportion to the percentage of the total heat input value represented by theheat input value of the renewable fuels.

(c)  If the publicutilities commission determines that an electric utility company failed to meetthe renewable portfolio standard, after a hearing in accordance with chapter91, the utility shall be subject to penalties to be established by the publicutilities commission; provided that if the commission determines that theelectric utility company is unable to meet the renewable portfolio standardsdue to reasons beyond the reasonable control of an electric utility, as setforth in subsection (d), the commission, in its discretion, may waive in wholeor in part any otherwise applicable penalties.

(d)  Events orcircumstances that are outside of an electric utility company's reasonablecontrol may include, to the extent the event or circumstance could not bereasonably foreseen and ameliorated:

(1)  Weather-relateddamage;

(2)  Natural disasters;

(3)  Mechanical or resourcefailure;

(4)  Failure of renewableelectrical energy producers to meet contractual obligations to the electricutility company;

(5)  Labor strikes orlockouts;

(6)  Actions ofgovernmental authorities that adversely affect the generation, transmission, ordistribution of renewable electrical energy under contract to an electricutility company;

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

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

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

(10)  Substantiallimitations, restrictions, or prohibitions on utility renewable electricalenergy projects; and

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