State Codes and Statutes

Statutes > Utah > Title-54 > Chapter-17 > 54-17-602

54-17-602. Target amount of qualifying electricity -- Renewable energy certificate-- Cost-effectiveness -- Cooperatives.
(1) (a) To the extent that it is cost effective to do so, beginning in 2025 the annual retailelectric sales in this state of each electrical corporation shall consist of qualifying electricity orrenewable energy certificates in an amount equal to at least 20% of adjusted retail electric sales.
(b) The amount under Subsection (1)(a) is computed based upon adjusted retail electricsales for the calendar year commencing 36 months before the first day of the year for which thetarget calculated under Subsection (1)(a) applies.
(c) Notwithstanding Subsections (1)(a) and (b), an increase in the annual target from oneyear to the next may not exceed the greater of:
(i) 17,500 megawatt-hours; or
(ii) 20% of the prior year's amount under Subsections (1)(a) and (b).
(2) (a) Cost-effectiveness under Subsection (1) for other than a cooperative association isdetermined in comparison to other viable resource options using the criteria provided bySubsection 54-17-201(2)(c)(ii).
(b) For an electrical corporation that is a cooperative association, cost-effectiveness isdetermined using criteria applicable to the cooperative association's acquisition of a significantenergy resource established by the cooperative association's board of directors.
(3) This section does not require an electrical corporation to:
(a) substitute qualifying electricity for electricity from a generation source owned orcontractually committed, or from a contractual commitment for a power purchase;
(b) enter into any additional electric sales commitment or any other arrangement for thesale or other disposition of electricity that is not already, or would not be, entered into by theelectrical corporation; or
(c) acquire qualifying electricity in excess of its adjusted retail electric sales.
(4) For the purpose of Subsection (1), an electrical corporation may combine thefollowing:
(a) qualifying electricity from a renewable energy source owned by the electricalcorporation;
(b) qualifying electricity acquired by the electrical corporation through trade, powerpurchase, or other transfer; and
(c) a bundled or unbundled renewable energy certificate, including a banked renewableenergy certificate.
(5) For an electrical corporation whose rates the commission regulates, the followingrules concerning renewable energy certificates apply:
(a) a banked renewable energy certificate with an older issuance date shall be used beforeany other banked renewable energy certificate issued at a later date is used; and
(b) the total of all unbundled renewable energy certificates, including unbundled bankedrenewable energy certificates, may not exceed 20% of the amount of the annual target providedfor in Subsection (1).
(6) An electrical corporation that is a cooperative association may count towardsSubsection (1) any of the following:
(a) electric production allocated to this state from hydroelectric facilities becomingoperational after December 31, 2007 if the facilities are located in any state in which thecooperative association, or a generation and transmission cooperative with which the cooperative

association has a contract, provides electric service;
(b) qualifying electricity generated or acquired or renewable energy certificates acquiredfor a program that permits a retail customer to voluntarily contribute to a renewable energysource; and
(c) notwithstanding Subsection 54-17-601(7), an unbundled renewable energy certificatepurchased from a renewable energy source located outside the geographic boundary of theWestern Electricity Coordinating Council if the electricity on which the unbundled renewableenergy certificate is based would be considered qualifying electricity if the renewable energysource was located within the geographic boundary of the Western Electricity CoordinatingCouncil.
(7) The use of the renewable attributes associated with qualifying electricity to satisfyany federal renewable energy requirement does not preclude the electricity from being qualifyingelectricity for the purpose of this chapter.

Enacted by Chapter 374, 2008 General Session