State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-17 > 54-17-601

54-17-601. Definitions.
As used in this part:
(1) "Adjusted retail electric sales" means the total kilowatt-hours of retail electric sales ofan electrical corporation to customers in this state in a calendar year, reduced by:
(a) the amount of those kilowatt-hours attributable to electricity generated or purchasedin that calendar year from qualifying zero carbon emissions generation and qualifying carbonsequestration generation;
(b) the amount of those kilowatt-hours attributable to electricity generated or purchasedin that calendar year from generation located within the geographic boundary of the WesternElectricity Coordinating Council that derives its energy from one or more of the following butthat does not satisfy the definition of a renewable energy source or that otherwise has not beenused to satisfy Subsection 54-17-602(1):
(i) wind energy;
(ii) solar photovoltaic and solar thermal energy;
(iii) wave, tidal, and ocean thermal energy;
(iv) except for combustion of wood that has been treated with chemical preservativessuch as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomassbyproducts, including:
(A) organic waste;
(B) forest or rangeland woody debris from harvesting or thinning conducted to improveforest or rangeland ecological health and to reduce wildfire risk;
(C) agricultural residues;
(D) dedicated energy crops; and
(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters,or municipal solid waste;
(v) geothermal energy;
(vi) hydroelectric energy; or
(vii) waste gas and waste heat capture or recovery; and
(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendaryear from demand side management as defined in Section 54-7-12.8, with the kilowatt-hours foran electrical corporation whose rates are regulated by the commission and adjusted by thecommission to exclude kilowatt-hours for which a renewable energy certificate is issued underSubsection 54-17-603(4)(b).
(2) "Amount of kilowatt-hours attributable to electricity generated or purchased in thatcalendar year from qualifying carbon sequestration generation," for qualifying carbonsequestration generation, means the kilowatt-hours supplied by a facility during the calendar yearmultiplied by the ratio of the amount of carbon dioxide captured from the facility and sequesteredto the sum of the amount of carbon dioxide captured from the facility and sequestered plus theamount of carbon dioxide emitted from the facility during the same calendar year.
(3) "Banked renewable energy certificate" means a bundled or unbundled renewableenergy certificate that is:
(a) not used in a calendar year to comply with this part or with a renewable energyprogram in another state; and
(b) carried forward into a subsequent year.
(4) "Bundled renewable energy certificate" means a renewable energy certificate for

qualifying electricity that is acquired:
(a) by an electrical corporation by a trade, purchase, or other transfer of electricity thatincludes the renewable energy attributes of, or certificate that is issued for, the electricity; or
(b) by an electrical corporation by generating the electricity for which the renewableenergy certificate is issued.
(5) "Electrical corporation":
(a) is as defined in Section 54-2-1; and
(b) does not include a person generating electricity that is not for sale to the public.
(6) "Qualifying carbon sequestration generation" means a fossil-fueled generating facilitylocated within the geographic boundary of the Western Electricity Coordinating Council that:
(a) becomes operational or is retrofitted on or after January 1, 2008; and
(b) reduces carbon dioxide emissions into the atmosphere through permanent geologicalsequestration or through another verifiably permanent reduction in carbon dioxide emissionsthrough the use of technology.
(7) "Qualifying electricity" means electricity generated on or after January 1, 1995 from arenewable energy source if:
(a) (i) the renewable energy source is located within the geographic boundary of theWestern Electricity Coordinating Council; or
(ii) the qualifying electricity is delivered to the transmission system of an electricalcorporation or a delivery point designated by the electrical corporation for the purpose ofsubsequent delivery to the electrical corporation; and
(b) the renewable energy attributes of the electricity are not traded, sold, transferred, orotherwise used to satisfy another state's renewable energy program.
(8) "Qualifying zero carbon emissions generation":
(a) means a generation facility located within the geographic boundary of the WesternElectricity Coordinating Council that:
(i) becomes operational on or after January 1, 2008; and
(ii) does not produce carbon as a byproduct of the generation process;
(b) includes generation powered by nuclear fuel; and
(c) does not include renewable energy sources used to satisfy the requirement establishedunder Subsection 54-17-602(1).
(9) "Renewable energy certificate" means a certificate issued under Section 54-17-603.
(10) "Renewable energy source" means:
(a) an electric generation facility or generation capability or upgrade that becomesoperational on or after January 1, 1995 that derives its energy from one or more of the following:
(i) wind energy;
(ii) solar photovoltaic and solar thermal energy;
(iii) wave, tidal, and ocean thermal energy;
(iv) except for combustion of wood that has been treated with chemical preservativessuch as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomassbyproducts, including:
(A) organic waste;
(B) forest or rangeland woody debris from harvesting or thinning conducted to improveforest or rangeland ecological health and to reduce wildfire risk;
(C) agricultural residues;

(D) dedicated energy crops; and
(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters,or municipal solid waste;
(v) geothermal energy located outside the state;
(vi) waste gas and waste heat capture or recovery whether or not it is renewable,including methane gas from:
(A) an abandoned coal mine; or
(B) a coal degassing operation associated with a state-approved mine permit;
(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon whichthe facility became operational, if the upgrades become operational on or after January 1, 1995;
(viii) compressed air, if:
(A) the compressed air is taken from compressed air energy storage; and
(B) the energy used to compress the air is a renewable energy source; or
(ix) municipal solid waste;
(b) any of the following:
(i) up to 50 average megawatts of electricity per year per electrical corporation from acertified low-impact hydroelectric facility, without regard to the date upon which the facilitybecomes operational, if the facility is certified as a low-impact hydroelectric facility on or afterJanuary 1, 1995, by a national certification organization;
(ii) geothermal energy if located within the state, without regard to the date upon whichthe facility becomes operational; or
(iii) hydroelectric energy if located within the state, without regard to the date uponwhich the facility becomes operational;
(c) hydrogen gas derived from any source of energy described in Subsection (10)(a) or(b);
(d) if an electric generation facility employs multiple energy sources, that portion of theelectricity generated that is attributable to energy sources described in Subsections (10)(a)through (c); and
(e) any of the following located in the state and owned by a user of energy:
(i) a demand side management measure, as defined by Subsection 54-7-12.8(1), with thequantity of renewable energy certificates to which the user is entitled determined by theequivalent energy saved by the measure;
(ii) a solar thermal system that reduces the consumption of fossil fuels, with the quantityof renewable energy certificates to which the user is entitled determined by the equivalentkilowatt-hours saved, except to the extent the commission determines otherwise with respect tonet-metered energy;
(iii) a solar photovoltaic system that reduces the consumption of fossil fuels with thequantity of renewable energy certificates to which the user is entitled determined by the totalproduction of the system, except to the extent the commission determines otherwise with respectto net-metered energy;
(iv) a hydroelectric or geothermal facility with the quantity of renewable energycertificates to which the user is entitled determined by the total production of the facility, exceptto the extent the commission determines otherwise with respect to net-metered energy;
(v) a waste gas or waste heat capture or recovery system, other than from a combinedcycle combustion turbine that does not use waste gas or waste heat, with the quantity of

renewable energy certificates to which the user is entitled determined by the total production ofthe system, except to the extent the commission determines otherwise with respect to net-meteredenergy; and
(vi) the station use of solar thermal energy, solar photovoltaic energy, hydroelectricenergy, geothermal energy, waste gas, or waste heat capture and recovery.
(11) "Unbundled renewable energy certificate" means a renewable energy certificateassociated with:
(a) qualifying electricity that is acquired by an electrical corporation or other person bytrade, purchase, or other transfer without acquiring the electricity for which the certificate wasissued; or
(b) activities listed in Subsection (10)(e).

Amended by Chapter 119, 2010 General Session
Amended by Chapter 125, 2010 General Session
Amended by Chapter 268, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-17 > 54-17-601

54-17-601. Definitions.
As used in this part:
(1) "Adjusted retail electric sales" means the total kilowatt-hours of retail electric sales ofan electrical corporation to customers in this state in a calendar year, reduced by:
(a) the amount of those kilowatt-hours attributable to electricity generated or purchasedin that calendar year from qualifying zero carbon emissions generation and qualifying carbonsequestration generation;
(b) the amount of those kilowatt-hours attributable to electricity generated or purchasedin that calendar year from generation located within the geographic boundary of the WesternElectricity Coordinating Council that derives its energy from one or more of the following butthat does not satisfy the definition of a renewable energy source or that otherwise has not beenused to satisfy Subsection 54-17-602(1):
(i) wind energy;
(ii) solar photovoltaic and solar thermal energy;
(iii) wave, tidal, and ocean thermal energy;
(iv) except for combustion of wood that has been treated with chemical preservativessuch as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomassbyproducts, including:
(A) organic waste;
(B) forest or rangeland woody debris from harvesting or thinning conducted to improveforest or rangeland ecological health and to reduce wildfire risk;
(C) agricultural residues;
(D) dedicated energy crops; and
(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters,or municipal solid waste;
(v) geothermal energy;
(vi) hydroelectric energy; or
(vii) waste gas and waste heat capture or recovery; and
(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendaryear from demand side management as defined in Section 54-7-12.8, with the kilowatt-hours foran electrical corporation whose rates are regulated by the commission and adjusted by thecommission to exclude kilowatt-hours for which a renewable energy certificate is issued underSubsection 54-17-603(4)(b).
(2) "Amount of kilowatt-hours attributable to electricity generated or purchased in thatcalendar year from qualifying carbon sequestration generation," for qualifying carbonsequestration generation, means the kilowatt-hours supplied by a facility during the calendar yearmultiplied by the ratio of the amount of carbon dioxide captured from the facility and sequesteredto the sum of the amount of carbon dioxide captured from the facility and sequestered plus theamount of carbon dioxide emitted from the facility during the same calendar year.
(3) "Banked renewable energy certificate" means a bundled or unbundled renewableenergy certificate that is:
(a) not used in a calendar year to comply with this part or with a renewable energyprogram in another state; and
(b) carried forward into a subsequent year.
(4) "Bundled renewable energy certificate" means a renewable energy certificate for

qualifying electricity that is acquired:
(a) by an electrical corporation by a trade, purchase, or other transfer of electricity thatincludes the renewable energy attributes of, or certificate that is issued for, the electricity; or
(b) by an electrical corporation by generating the electricity for which the renewableenergy certificate is issued.
(5) "Electrical corporation":
(a) is as defined in Section 54-2-1; and
(b) does not include a person generating electricity that is not for sale to the public.
(6) "Qualifying carbon sequestration generation" means a fossil-fueled generating facilitylocated within the geographic boundary of the Western Electricity Coordinating Council that:
(a) becomes operational or is retrofitted on or after January 1, 2008; and
(b) reduces carbon dioxide emissions into the atmosphere through permanent geologicalsequestration or through another verifiably permanent reduction in carbon dioxide emissionsthrough the use of technology.
(7) "Qualifying electricity" means electricity generated on or after January 1, 1995 from arenewable energy source if:
(a) (i) the renewable energy source is located within the geographic boundary of theWestern Electricity Coordinating Council; or
(ii) the qualifying electricity is delivered to the transmission system of an electricalcorporation or a delivery point designated by the electrical corporation for the purpose ofsubsequent delivery to the electrical corporation; and
(b) the renewable energy attributes of the electricity are not traded, sold, transferred, orotherwise used to satisfy another state's renewable energy program.
(8) "Qualifying zero carbon emissions generation":
(a) means a generation facility located within the geographic boundary of the WesternElectricity Coordinating Council that:
(i) becomes operational on or after January 1, 2008; and
(ii) does not produce carbon as a byproduct of the generation process;
(b) includes generation powered by nuclear fuel; and
(c) does not include renewable energy sources used to satisfy the requirement establishedunder Subsection 54-17-602(1).
(9) "Renewable energy certificate" means a certificate issued under Section 54-17-603.
(10) "Renewable energy source" means:
(a) an electric generation facility or generation capability or upgrade that becomesoperational on or after January 1, 1995 that derives its energy from one or more of the following:
(i) wind energy;
(ii) solar photovoltaic and solar thermal energy;
(iii) wave, tidal, and ocean thermal energy;
(iv) except for combustion of wood that has been treated with chemical preservativessuch as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomassbyproducts, including:
(A) organic waste;
(B) forest or rangeland woody debris from harvesting or thinning conducted to improveforest or rangeland ecological health and to reduce wildfire risk;
(C) agricultural residues;

(D) dedicated energy crops; and
(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters,or municipal solid waste;
(v) geothermal energy located outside the state;
(vi) waste gas and waste heat capture or recovery whether or not it is renewable,including methane gas from:
(A) an abandoned coal mine; or
(B) a coal degassing operation associated with a state-approved mine permit;
(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon whichthe facility became operational, if the upgrades become operational on or after January 1, 1995;
(viii) compressed air, if:
(A) the compressed air is taken from compressed air energy storage; and
(B) the energy used to compress the air is a renewable energy source; or
(ix) municipal solid waste;
(b) any of the following:
(i) up to 50 average megawatts of electricity per year per electrical corporation from acertified low-impact hydroelectric facility, without regard to the date upon which the facilitybecomes operational, if the facility is certified as a low-impact hydroelectric facility on or afterJanuary 1, 1995, by a national certification organization;
(ii) geothermal energy if located within the state, without regard to the date upon whichthe facility becomes operational; or
(iii) hydroelectric energy if located within the state, without regard to the date uponwhich the facility becomes operational;
(c) hydrogen gas derived from any source of energy described in Subsection (10)(a) or(b);
(d) if an electric generation facility employs multiple energy sources, that portion of theelectricity generated that is attributable to energy sources described in Subsections (10)(a)through (c); and
(e) any of the following located in the state and owned by a user of energy:
(i) a demand side management measure, as defined by Subsection 54-7-12.8(1), with thequantity of renewable energy certificates to which the user is entitled determined by theequivalent energy saved by the measure;
(ii) a solar thermal system that reduces the consumption of fossil fuels, with the quantityof renewable energy certificates to which the user is entitled determined by the equivalentkilowatt-hours saved, except to the extent the commission determines otherwise with respect tonet-metered energy;
(iii) a solar photovoltaic system that reduces the consumption of fossil fuels with thequantity of renewable energy certificates to which the user is entitled determined by the totalproduction of the system, except to the extent the commission determines otherwise with respectto net-metered energy;
(iv) a hydroelectric or geothermal facility with the quantity of renewable energycertificates to which the user is entitled determined by the total production of the facility, exceptto the extent the commission determines otherwise with respect to net-metered energy;
(v) a waste gas or waste heat capture or recovery system, other than from a combinedcycle combustion turbine that does not use waste gas or waste heat, with the quantity of

renewable energy certificates to which the user is entitled determined by the total production ofthe system, except to the extent the commission determines otherwise with respect to net-meteredenergy; and
(vi) the station use of solar thermal energy, solar photovoltaic energy, hydroelectricenergy, geothermal energy, waste gas, or waste heat capture and recovery.
(11) "Unbundled renewable energy certificate" means a renewable energy certificateassociated with:
(a) qualifying electricity that is acquired by an electrical corporation or other person bytrade, purchase, or other transfer without acquiring the electricity for which the certificate wasissued; or
(b) activities listed in Subsection (10)(e).

Amended by Chapter 119, 2010 General Session
Amended by Chapter 125, 2010 General Session
Amended by Chapter 268, 2010 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-17 > 54-17-601

54-17-601. Definitions.
As used in this part:
(1) "Adjusted retail electric sales" means the total kilowatt-hours of retail electric sales ofan electrical corporation to customers in this state in a calendar year, reduced by:
(a) the amount of those kilowatt-hours attributable to electricity generated or purchasedin that calendar year from qualifying zero carbon emissions generation and qualifying carbonsequestration generation;
(b) the amount of those kilowatt-hours attributable to electricity generated or purchasedin that calendar year from generation located within the geographic boundary of the WesternElectricity Coordinating Council that derives its energy from one or more of the following butthat does not satisfy the definition of a renewable energy source or that otherwise has not beenused to satisfy Subsection 54-17-602(1):
(i) wind energy;
(ii) solar photovoltaic and solar thermal energy;
(iii) wave, tidal, and ocean thermal energy;
(iv) except for combustion of wood that has been treated with chemical preservativessuch as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomassbyproducts, including:
(A) organic waste;
(B) forest or rangeland woody debris from harvesting or thinning conducted to improveforest or rangeland ecological health and to reduce wildfire risk;
(C) agricultural residues;
(D) dedicated energy crops; and
(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters,or municipal solid waste;
(v) geothermal energy;
(vi) hydroelectric energy; or
(vii) waste gas and waste heat capture or recovery; and
(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendaryear from demand side management as defined in Section 54-7-12.8, with the kilowatt-hours foran electrical corporation whose rates are regulated by the commission and adjusted by thecommission to exclude kilowatt-hours for which a renewable energy certificate is issued underSubsection 54-17-603(4)(b).
(2) "Amount of kilowatt-hours attributable to electricity generated or purchased in thatcalendar year from qualifying carbon sequestration generation," for qualifying carbonsequestration generation, means the kilowatt-hours supplied by a facility during the calendar yearmultiplied by the ratio of the amount of carbon dioxide captured from the facility and sequesteredto the sum of the amount of carbon dioxide captured from the facility and sequestered plus theamount of carbon dioxide emitted from the facility during the same calendar year.
(3) "Banked renewable energy certificate" means a bundled or unbundled renewableenergy certificate that is:
(a) not used in a calendar year to comply with this part or with a renewable energyprogram in another state; and
(b) carried forward into a subsequent year.
(4) "Bundled renewable energy certificate" means a renewable energy certificate for

qualifying electricity that is acquired:
(a) by an electrical corporation by a trade, purchase, or other transfer of electricity thatincludes the renewable energy attributes of, or certificate that is issued for, the electricity; or
(b) by an electrical corporation by generating the electricity for which the renewableenergy certificate is issued.
(5) "Electrical corporation":
(a) is as defined in Section 54-2-1; and
(b) does not include a person generating electricity that is not for sale to the public.
(6) "Qualifying carbon sequestration generation" means a fossil-fueled generating facilitylocated within the geographic boundary of the Western Electricity Coordinating Council that:
(a) becomes operational or is retrofitted on or after January 1, 2008; and
(b) reduces carbon dioxide emissions into the atmosphere through permanent geologicalsequestration or through another verifiably permanent reduction in carbon dioxide emissionsthrough the use of technology.
(7) "Qualifying electricity" means electricity generated on or after January 1, 1995 from arenewable energy source if:
(a) (i) the renewable energy source is located within the geographic boundary of theWestern Electricity Coordinating Council; or
(ii) the qualifying electricity is delivered to the transmission system of an electricalcorporation or a delivery point designated by the electrical corporation for the purpose ofsubsequent delivery to the electrical corporation; and
(b) the renewable energy attributes of the electricity are not traded, sold, transferred, orotherwise used to satisfy another state's renewable energy program.
(8) "Qualifying zero carbon emissions generation":
(a) means a generation facility located within the geographic boundary of the WesternElectricity Coordinating Council that:
(i) becomes operational on or after January 1, 2008; and
(ii) does not produce carbon as a byproduct of the generation process;
(b) includes generation powered by nuclear fuel; and
(c) does not include renewable energy sources used to satisfy the requirement establishedunder Subsection 54-17-602(1).
(9) "Renewable energy certificate" means a certificate issued under Section 54-17-603.
(10) "Renewable energy source" means:
(a) an electric generation facility or generation capability or upgrade that becomesoperational on or after January 1, 1995 that derives its energy from one or more of the following:
(i) wind energy;
(ii) solar photovoltaic and solar thermal energy;
(iii) wave, tidal, and ocean thermal energy;
(iv) except for combustion of wood that has been treated with chemical preservativessuch as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomassbyproducts, including:
(A) organic waste;
(B) forest or rangeland woody debris from harvesting or thinning conducted to improveforest or rangeland ecological health and to reduce wildfire risk;
(C) agricultural residues;

(D) dedicated energy crops; and
(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters,or municipal solid waste;
(v) geothermal energy located outside the state;
(vi) waste gas and waste heat capture or recovery whether or not it is renewable,including methane gas from:
(A) an abandoned coal mine; or
(B) a coal degassing operation associated with a state-approved mine permit;
(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon whichthe facility became operational, if the upgrades become operational on or after January 1, 1995;
(viii) compressed air, if:
(A) the compressed air is taken from compressed air energy storage; and
(B) the energy used to compress the air is a renewable energy source; or
(ix) municipal solid waste;
(b) any of the following:
(i) up to 50 average megawatts of electricity per year per electrical corporation from acertified low-impact hydroelectric facility, without regard to the date upon which the facilitybecomes operational, if the facility is certified as a low-impact hydroelectric facility on or afterJanuary 1, 1995, by a national certification organization;
(ii) geothermal energy if located within the state, without regard to the date upon whichthe facility becomes operational; or
(iii) hydroelectric energy if located within the state, without regard to the date uponwhich the facility becomes operational;
(c) hydrogen gas derived from any source of energy described in Subsection (10)(a) or(b);
(d) if an electric generation facility employs multiple energy sources, that portion of theelectricity generated that is attributable to energy sources described in Subsections (10)(a)through (c); and
(e) any of the following located in the state and owned by a user of energy:
(i) a demand side management measure, as defined by Subsection 54-7-12.8(1), with thequantity of renewable energy certificates to which the user is entitled determined by theequivalent energy saved by the measure;
(ii) a solar thermal system that reduces the consumption of fossil fuels, with the quantityof renewable energy certificates to which the user is entitled determined by the equivalentkilowatt-hours saved, except to the extent the commission determines otherwise with respect tonet-metered energy;
(iii) a solar photovoltaic system that reduces the consumption of fossil fuels with thequantity of renewable energy certificates to which the user is entitled determined by the totalproduction of the system, except to the extent the commission determines otherwise with respectto net-metered energy;
(iv) a hydroelectric or geothermal facility with the quantity of renewable energycertificates to which the user is entitled determined by the total production of the facility, exceptto the extent the commission determines otherwise with respect to net-metered energy;
(v) a waste gas or waste heat capture or recovery system, other than from a combinedcycle combustion turbine that does not use waste gas or waste heat, with the quantity of

renewable energy certificates to which the user is entitled determined by the total production ofthe system, except to the extent the commission determines otherwise with respect to net-meteredenergy; and
(vi) the station use of solar thermal energy, solar photovoltaic energy, hydroelectricenergy, geothermal energy, waste gas, or waste heat capture and recovery.
(11) "Unbundled renewable energy certificate" means a renewable energy certificateassociated with:
(a) qualifying electricity that is acquired by an electrical corporation or other person bytrade, purchase, or other transfer without acquiring the electricity for which the certificate wasissued; or
(b) activities listed in Subsection (10)(e).

Amended by Chapter 119, 2010 General Session
Amended by Chapter 125, 2010 General Session
Amended by Chapter 268, 2010 General Session


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