TITLE 39
Public Utilities and Carriers

CHAPTER 39-26
Renewable Energy Standard

SECTION 39-26-4


§ 39-26-4 Renewable energy standard.

(a) Starting in compliance year 2007, all obligated entities shall obtain at least three percent (3%) of the electricity they sell at retail to Rhode Island end-use customers, adjusted for electric line losses, from eligible renewable-energy resources, escalating, according to the following schedule:

(1) At least three percent (3%) of retail electricity sales in compliance year 2007;

(2) An additional one half of one percent (0.5%) of retail electricity sales in each of the following compliance years 2008, 2009, 2010;

(3) An additional one percent (1%) of retail electricity sales in each of the following compliance years 2011, 2012, 2013, 2014, provided that the commission has determined the adequacy, or potential adequacy, of renewable-energy supplies to meet these percentage requirements;

(4) An additional one and one half percent (1.5%) of retail electricity sales in each of the following compliance years 2015, 2016, 2017, 2018 and 2019, and each year thereafter until 2035, provided that the commission has determined the adequacy, pursuant to § 39-26-6, of renewable-energy supplies to meet these percentage requirements.

(5) [Deleted by P.L. 2016, ch. 144, § 1 and P.L. 2016, ch. 155, § 1].

(b) For each obligated entity and in each compliance year, the amount of retail electricity sales used to meet obligations under this statute that are derived from existing renewable-energy resources shall not exceed two percent (2%) of total retail electricity sales.

(c) The minimum renewable-energy percentages set forth in subsection (a) shall be met for each electrical energy product offered to end-use customers, in a manner that ensures that the amount of renewable energy of end-use customers voluntarily purchasing renewable energy is not counted toward meeting such percentages.

(d) To the extent consistent with the requirements of this chapter, compliance with the renewable-energy standard may be demonstrated through procurement of NE-GIS certificates relating to generating units certified by the commission as using eligible, renewable-energy sources, as evidenced by reports issued by the NE-GIS administrator. Procurement of NE-GIS certificates from off-grid and customer-sited generation facilities, if located in Rhode Island and verified by the commission as eligible, renewable-energy resources, may also be used to demonstrate compliance. With the exception of contracts for generation supply entered into prior to 2002, initial title to NE-GIS certificates from off-grid and customer-sited generation facilities and from all other eligible, renewable-energy resources, shall accrue to the owner of such a generation facility, unless such title has been explicitly deemed transferred pursuant to contract or regulatory order.

(e) In lieu of providing NE-GIS certificates pursuant to subsection (d) of this section, an obligated entity may also discharge all or any portion of its compliance obligations by making an alternative compliance payment to the Renewable-Energy-Development Fund established pursuant to § 39-26-7.

History of Section.
(P.L. 2004, ch. 199, § 1; P.L. 2004, ch. 205, § 1; P.L. 2016, ch. 144, § 1; P.L. 2016, ch. 155, § 1.)