A municipal electric utility shall develop and maintain a plan for implementing Subsection 10-19-201(1).
Terms Used In Utah Code 10-19-301
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102
Municipality: means :
(a)
a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
(a)
(i)
the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or
(ii)
the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and
(b)
the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102
Renewable energy source: means :
(a)
an electric generation facility or generation capability or upgrade that becomes operational 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 preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
(A)
organic waste;
(B)
forest or rangeland woody debris from harvesting or thinning conducted to improve forest 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 which the facility became operational, if the upgrades become operational on or after January 1, 1995;
(viii)
a compressed air energy storage process, if:
(A)
the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or
(B)
equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process; or
(ix)
municipal solid waste;
(b)
any of the following:
(i)
up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;
(ii)
geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and
(iii)
hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
(c)
hydrogen gas derived from any source of energy described in Subsection (11)(a) or (b);
(d)
if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (11)(a) through (c); and
(e)
any of the following located in the state and owned by a user of energy:
A progress report concerning a plan under Subsection (1) shall be filed with the municipality‘s legislative body by January 1 of each of the years 2010, 2015, 2020, and 2024.
(3)
The progress report under Subsection (2) shall contain:
(a)
the actual and projected amount of qualifying electricity through 2025;
(b)
the source of qualifying electricity;
(c)
an estimate of the cost of achieving the target;
(d)
a discussion of conditions impacting the renewable energy source and qualifying electricity markets; and
(e)
any recommendation for a suggested legislative or program change.
(4)
The plan and progress report required by Subsections (1) and (2) may include procedures that will be used by the municipal electric utility to identify and select any cost-effective renewable energy resource and qualifying electricity.
(5)
By July 1, 2026, the municipal electric utility shall file a final progress report demonstrating:
(a)
how Subsection 10-19-201(1) is satisfied for the year 2025; or
(b)
the reason why Subsection 10-19-201(1) is not satisfied for the year 2025, if it is not satisfied.
(6)
The plan and any progress report filed under this section shall be publicly available at the municipal legislative body’s office.
