Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 297 First Substitute (2017GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• decreases the amount of electricity that a qualified utility may deliver to contract customers at any one time under all renewable energy contracts; and
• provides circumstances under which the public service commission may approve renewable energy contracts in excess of a statutory limit.

Every vote on this bill

Bill text

RENEWABLE ENERGY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to renewable energy contracts.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ decreases the amount of electricity that a qualified utility may deliver to contract
customers at any one time under all renewable energy contracts; and
▸ provides circumstances under which the public service commission may approve
renewable energy contracts in excess of a statutory limit.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
54-17-801
, as last amended by Laws of Utah 2016, Chapter 393
54-17-802
, as enacted by Laws of Utah 2012, Chapter 182
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
54-17-801
 is amended to read:
54-17-801.
Definitions.
As used in this part:
(1) "Contract customer" means a person who executes or will execute a renewable
energy contract with a qualified utility.
(2) "Qualified utility" means an electric corporation that serves more than 200,000
retail customers in the state.
(3) "Renewable energy contract" means a contract under this part for the delivery of
electricity from one or more renewable energy facilities to a contract customer requiring the use
of a qualified utility's transmission or distribution system to deliver the electricity from a
renewable energy facility to the contract customer.
(4) 
(a)
 "Renewable energy facility"[
: (a) except as provided in Subsection (4)(b),
]
means a renewable energy source 
as
 defined in Section 
54-17-601
 that [
is
]
:
(i) is
 located in the state[
; and
]
 ; or
(ii) (A) is located outside the state; and 
 (B) provides energy from baseload renewable resources.
(b) 
Renewable energy facility
 does not include an electric generating facility [
whose
costs have been
] 
for which the electric generating facility's costs are
 included in a qualified
utility's rates as a facility [
providing
] 
that provides
 electric service to the qualified utility's
system.
(5) "Renewable energy tariff" means a tariff offered by a qualified utility that allows
the qualified utility to procure renewable generation on behalf of and to serve its customers.
Section 2. Section 
54-17-802
 is amended to read:
54-17-802.
Contracts for the purchase of electricity from a renewable energy
facility.
(1) Within a reasonable time after receiving a request from a contract customer and
subject to reasonable credit requirements, a qualified utility shall enter into a renewable energy
contract with the requesting contract customer to supply some or all of the contract customer's
electric service from one or more renewable energy facilities selected by the contract customer.
(2) Subject to a contract customer agreeing to pay the qualified utility for all
incremental costs associated with metering facilities, communication facilities, and
administration, a renewable energy contract may provide for electricity to be delivered to a
contract customer:
(a) from one renewable energy facility to a contract customer's single metered delivery
location;
(b) from multiple renewable energy facilities to a contract customer's single metered
delivery location; or
(c) from one or more renewable energy facilities to a single contract customer's
multiple metered delivery locations.
(3) (a) A single contract customer may aggregate multiple metered delivery locations to
satisfy the minimum megawatt limit under Subsection (4).
(b) Multiple contract customers may not aggregate their separate metered delivery
locations to satisfy the minimum megawatt limit under Subsection (4).
(4) The amount of electricity provided to a contract customer under a renewable energy
contract may not be less than 2.0 megawatts.
(5) The amount of electricity provided in any hour to a contract customer under a
renewable energy contract may not exceed the contract customer's metered kilowatt-hour load
in that hour at the metered delivery locations under the contract.
(6) A renewable energy contract that meets the requirements of Subsection (4) may
provide for one or more increases in the amount of electricity to be provided under the contract
even though the amount of electricity to be provided by the increase is less than the minimum
amount required under Subsection (4).
[
(7) The total amount of electricity to be generated by renewable energy facilities and
delivered to contract customers at any one time under all renewable energy contracts may not
exceed 300 megawatts, unless the commission approves in advance a higher amount
].
 (7) (a) Except as provided in Subsection (7)(b), a qualified utility may not deliver to all
contract customers a total amount of electricity generated by renewable energy facilities under
renewable energy contracts that, at any one time, is greater than 200 megawatts.
(b) The commission may allow a qualified utility to deliver a total amount of electricity
to contract customers that is greater than 200 megawatts if:
(i) the commission approves the increased total amount in advance; and
(ii) in evaluating whether to increase the total amount, the commission considers the
impact of the increase on the costs of a qualified utility's existing facilities.
(8) Electricity generated by a renewable energy facility and delivered to a contract
customer under a renewable energy contract may not be included in a net metering program
under Chapter 15, Net Metering of Electricity.
Legislative Review Note
Office of Legislative Research and General Counsel