Electric utilities, portfolio requirements--trackingrequirements--rulemaking authority--rebate offers--certificationof electricity generated.
393.1030. 1. The commission shall, in consultation with the department,prescribe by rule a portfolio requirement for all electric utilities togenerate or purchase electricity generated from renewable energy resources.Such portfolio requirement shall provide that electricity from renewableenergy resources shall constitute the following portions of each electricutility's sales:
(1) No less than two percent for calendar years 2011 through 2013;
(2) No less than five percent for calendar years 2014 through 2017;
(3) No less than ten percent for calendar years 2018 through 2020; and
(4) No less than fifteen percent in each calendar year beginning in2021.
At least two percent of each portfolio requirement shall be derived from solarenergy. The portfolio requirements shall apply to all power sold to Missouriconsumers whether such power is self-generated or purchased from anothersource in or outside of this state. A utility may comply with the standard inwhole or in part by purchasing RECs. Each kilowatt-hour of eligible energygenerated in Missouri shall count as 1.25 kilowatt-hours for purposes ofcompliance.
2. The commission, in consultation with the department and within oneyear of November 4, 2008, shall select a program for tracking and verifyingthe trading of renewable energy credits. An unused credit may exist for up tothree years from the date of its creation. A credit may be used only once tocomply with sections 393.1020 to 393.1030 and may not also be used to satisfyany similar nonfederal requirement. An electric utility may not use a creditderived from a green pricing program. Certificates from net-metered sourcesshall initially be owned by the customer-generator. The commission, exceptwhere the department is specified, shall make whatever rules are necessary toenforce the renewable energy standard. Such rules shall include:
(1) A maximum average retail rate increase of one percent determined byestimating and comparing the electric utility's cost of compliance withleast-cost renewable generation and the cost of continuing to generate orpurchase electricity from entirely nonrenewable sources, taking into properaccount future environmental regulatory risk including the risk of greenhousegas regulation;
(2) Penalties of at least twice the average market value of renewableenergy credits for the compliance period for failure to meet the targets ofsubsection 1. An electric utility will be excused if it proves to thecommission that failure was due to events beyond its reasonable control thatcould not have been reasonably mitigated, or that the maximum average retailrate increase has been reached. Penalties shall not be recovered fromcustomers. Amounts forfeited under this section shall be remitted to thedepartment to purchase renewable energy credits needed for compliance. Anyexcess forfeited revenues shall be used by the department's energy centersolely for renewable energy and energy efficiency projects;
(3) Provisions for an annual report to be filed by each electric utilityin a format sufficient to document its progress in meeting the targets;
(4) Provision for recovery outside the context of a regular rate case ofprudently incurred costs and the pass-through of benefits to customers of anysavings achieved by an electrical corporation in meeting the requirements ofthis section.
3. Each electric utility shall make available to its retail customers astandard rebate offer of at least two dollars per installed watt for new orexpanded solar electric systems sited on customers' premises, up to a maximumof twenty-five kilowatts per system, that become operational after 2009.
4. The department shall, in consultation with the commission, establishby rule a certification process for electricity generated from renewableresources and used to fulfill the requirements of subsection 1 of thissection. Certification criteria for renewable energy generation shall bedetermined by factors that include fuel type, technology, and theenvironmental impacts of the generating facility. Renewable energy facilitiesshall not cause undue adverse air, water, or land use impacts, includingimpacts associated with the gathering of generation feedstocks. If any amountof fossil fuel is used with renewable energy resources, only the portion ofelectrical output attributable to renewable energy resources shall be used tofulfill the portfolio requirements.
(L. 2007 S.B. 54, A.L. 2008 Adopted by Initiative, Proposition C, November 4, 2008)
Electric utilities, portfolio requirements--trackingrequirements--rulemaking authority--rebate offers--certificationof electricity generated.
393.1030. 1. The commission shall, in consultation with the department,prescribe by rule a portfolio requirement for all electric utilities togenerate or purchase electricity generated from renewable energy resources.Such portfolio requirement shall provide that electricity from renewableenergy resources shall constitute the following portions of each electricutility's sales:
(1) No less than two percent for calendar years 2011 through 2013;
(2) No less than five percent for calendar years 2014 through 2017;
(3) No less than ten percent for calendar years 2018 through 2020; and
(4) No less than fifteen percent in each calendar year beginning in2021.
At least two percent of each portfolio requirement shall be derived from solarenergy. The portfolio requirements shall apply to all power sold to Missouriconsumers whether such power is self-generated or purchased from anothersource in or outside of this state. A utility may comply with the standard inwhole or in part by purchasing RECs. Each kilowatt-hour of eligible energygenerated in Missouri shall count as 1.25 kilowatt-hours for purposes ofcompliance.
2. The commission, in consultation with the department and within oneyear of November 4, 2008, shall select a program for tracking and verifyingthe trading of renewable energy credits. An unused credit may exist for up tothree years from the date of its creation. A credit may be used only once tocomply with sections 393.1020 to 393.1030 and may not also be used to satisfyany similar nonfederal requirement. An electric utility may not use a creditderived from a green pricing program. Certificates from net-metered sourcesshall initially be owned by the customer-generator. The commission, exceptwhere the department is specified, shall make whatever rules are necessary toenforce the renewable energy standard. Such rules shall include:
(1) A maximum average retail rate increase of one percent determined byestimating and comparing the electric utility's cost of compliance withleast-cost renewable generation and the cost of continuing to generate orpurchase electricity from entirely nonrenewable sources, taking into properaccount future environmental regulatory risk including the risk of greenhousegas regulation;
(2) Penalties of at least twice the average market value of renewableenergy credits for the compliance period for failure to meet the targets ofsubsection 1. An electric utility will be excused if it proves to thecommission that failure was due to events beyond its reasonable control thatcould not have been reasonably mitigated, or that the maximum average retailrate increase has been reached. Penalties shall not be recovered fromcustomers. Amounts forfeited under this section shall be remitted to thedepartment to purchase renewable energy credits needed for compliance. Anyexcess forfeited revenues shall be used by the department's energy centersolely for renewable energy and energy efficiency projects;
(3) Provisions for an annual report to be filed by each electric utilityin a format sufficient to document its progress in meeting the targets;
(4) Provision for recovery outside the context of a regular rate case ofprudently incurred costs and the pass-through of benefits to customers of anysavings achieved by an electrical corporation in meeting the requirements ofthis section.
3. Each electric utility shall make available to its retail customers astandard rebate offer of at least two dollars per installed watt for new orexpanded solar electric systems sited on customers' premises, up to a maximumof twenty-five kilowatts per system, that become operational after 2009.
4. The department shall, in consultation with the commission, establishby rule a certification process for electricity generated from renewableresources and used to fulfill the requirements of subsection 1 of thissection. Certification criteria for renewable energy generation shall bedetermined by factors that include fuel type, technology, and theenvironmental impacts of the generating facility. Renewable energy facilitiesshall not cause undue adverse air, water, or land use impacts, includingimpacts associated with the gathering of generation feedstocks. If any amountof fossil fuel is used with renewable energy resources, only the portion ofelectrical output attributable to renewable energy resources shall be used tofulfill the portfolio requirements.
(L. 2007 S.B. 54, A.L. 2008 Adopted by Initiative, Proposition C, November 4, 2008)
Electric utilities, portfolio requirements--trackingrequirements--rulemaking authority--rebate offers--certificationof electricity generated.
393.1030. 1. The commission shall, in consultation with the department,prescribe by rule a portfolio requirement for all electric utilities togenerate or purchase electricity generated from renewable energy resources.Such portfolio requirement shall provide that electricity from renewableenergy resources shall constitute the following portions of each electricutility's sales:
(1) No less than two percent for calendar years 2011 through 2013;
(2) No less than five percent for calendar years 2014 through 2017;
(3) No less than ten percent for calendar years 2018 through 2020; and
(4) No less than fifteen percent in each calendar year beginning in2021.
At least two percent of each portfolio requirement shall be derived from solarenergy. The portfolio requirements shall apply to all power sold to Missouriconsumers whether such power is self-generated or purchased from anothersource in or outside of this state. A utility may comply with the standard inwhole or in part by purchasing RECs. Each kilowatt-hour of eligible energygenerated in Missouri shall count as 1.25 kilowatt-hours for purposes ofcompliance.
2. The commission, in consultation with the department and within oneyear of November 4, 2008, shall select a program for tracking and verifyingthe trading of renewable energy credits. An unused credit may exist for up tothree years from the date of its creation. A credit may be used only once tocomply with sections 393.1020 to 393.1030 and may not also be used to satisfyany similar nonfederal requirement. An electric utility may not use a creditderived from a green pricing program. Certificates from net-metered sourcesshall initially be owned by the customer-generator. The commission, exceptwhere the department is specified, shall make whatever rules are necessary toenforce the renewable energy standard. Such rules shall include:
(1) A maximum average retail rate increase of one percent determined byestimating and comparing the electric utility's cost of compliance withleast-cost renewable generation and the cost of continuing to generate orpurchase electricity from entirely nonrenewable sources, taking into properaccount future environmental regulatory risk including the risk of greenhousegas regulation;
(2) Penalties of at least twice the average market value of renewableenergy credits for the compliance period for failure to meet the targets ofsubsection 1. An electric utility will be excused if it proves to thecommission that failure was due to events beyond its reasonable control thatcould not have been reasonably mitigated, or that the maximum average retailrate increase has been reached. Penalties shall not be recovered fromcustomers. Amounts forfeited under this section shall be remitted to thedepartment to purchase renewable energy credits needed for compliance. Anyexcess forfeited revenues shall be used by the department's energy centersolely for renewable energy and energy efficiency projects;
(3) Provisions for an annual report to be filed by each electric utilityin a format sufficient to document its progress in meeting the targets;
(4) Provision for recovery outside the context of a regular rate case ofprudently incurred costs and the pass-through of benefits to customers of anysavings achieved by an electrical corporation in meeting the requirements ofthis section.
3. Each electric utility shall make available to its retail customers astandard rebate offer of at least two dollars per installed watt for new orexpanded solar electric systems sited on customers' premises, up to a maximumof twenty-five kilowatts per system, that become operational after 2009.
4. The department shall, in consultation with the commission, establishby rule a certification process for electricity generated from renewableresources and used to fulfill the requirements of subsection 1 of thissection. Certification criteria for renewable energy generation shall bedetermined by factors that include fuel type, technology, and theenvironmental impacts of the generating facility. Renewable energy facilitiesshall not cause undue adverse air, water, or land use impacts, includingimpacts associated with the gathering of generation feedstocks. If any amountof fossil fuel is used with renewable energy resources, only the portion ofelectrical output attributable to renewable energy resources shall be used tofulfill the portfolio requirements.
(L. 2007 S.B. 54, A.L. 2008 Adopted by Initiative, Proposition C, November 4, 2008)
