TITLE 73. TRADE AND COMMERCE
CHAPTER 18F. ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT
73 P.S. § 1648.1
(2008)
§ 1648.1. Short title
This act shall be known and may be cited as the Alternative Energy Portfolio Standards
Act.
§ 1648.2. Definitions
The following words and phrases when used in this act shall have the meanings
given to them in this section unless the context clearly indicates otherwise:
"ALTERNATIVE
ENERGY CREDIT." A tradable instrument that is used to establish,
verify and monitor compliance with this act. A unit of credit shall equal one
megawatt hour of electricity from an alternative
energy source. The alternative
energy credit shall remain the property of the alternative energy system until the alternative energy credit is voluntarily transferred by the alternative energy system.
"ALTERNATIVE ENERGY PORTFOLIO STANDARDS." Standards
establishing that a certain amount of energy sold from alternative energy sources is included as part of the sources of
electric generation by electric utilities within this Commonwealth.
"ALTERNATIVE ENERGY SOURCES." The term shall include
the following existing and new sources for the production of electricity:
(1) Solar photovoltaic or other solar electric energy.
(2) Solar thermal energy.
(3) Wind power.
(4) Large-scale hydropower, which shall mean the production
of electric
power by harnessing the hydroelectric potential of moving
water
impoundments, including pumped storage that does not meet the
requirements of low-impact hydropower under paragraph (5).
(5) Low-impact hydropower consisting of any technology that
produces
electric power and that harnesses the hydroelectric potential
of moving
water impoundments, provided such incremental hydroelectric
development:
(i) does not adversely
change existing impacts to aquatic systems;
(ii) meets the certification standards
established by the Low Impact
Hydropower Institute and American Rivers, Inc.,
or their successors;
(iii) provides an adequate water flow for
protection of aquatic life
and for safe and effective fish passage;
(iv) protects against erosion; and
(v) protects cultural and historic resources.
(6) Geothermal energy, which shall mean electricity produced
by
extracting hot water or steam from geothermal reserves in the
earth's
crust and supplied to steam turbines that drive generators to
produce
electricity.
(7) Biomass energy, which shall mean the generation of
electricity
utilizing the following:
(i) organic material
from a plant that is grown for the purpose of
being used to produce electricity or is protected
by the Federal
Conservation Reserve Program (CRP) and provided
further that crop
production on CRP lands does not prevent
achievement of the water
quality protection, soil erosion prevention or
wildlife enhancement
purposes for which the land was primarily set
aside; or
(ii) any solid nonhazardous, cellulosic waste
material that is
segregated from other waste materials, such as
waste pallets, crates
and landscape or right-of-way tree trimmings or
agricultural sources,
including orchard tree crops, vineyards, grain,
legumes, sugar and
other crop by-products or residues.
(8) Biologically derived methane gas, which shall include
methane from
the anaerobic digestion of organic materials from yard waste,
such as
grass clippings and leaves, food waste, animal waste and
sewage sludge.
The term also includes landfill methane gas.
(9) Fuel cells, which shall mean any electrochemical device
that
converts chemical energy in a hydrogen-rich fuel directly
into
electricity, heat and water without combustion.
(10) Waste coal, which shall include the combustion of waste
coal in
facilities in which the waste coal was disposed or abandoned
prior to
July 31, 1982, or disposed of thereafter in a permitted coal
refuse
disposal site regardless of when disposed of, and used to
generate
electricity, or such other waste coal combustion meeting
alternate
eligibility requirements established by regulation.
Facilities
combusting waste coal shall use at a minimum a combined
fluidized bed
boiler and be outfitted with a limestone injection system and
a fabric
filter particulate removal system. Alternative energy credits shall be
calculated based upon the proportion of waste coal utilized
to produce
electricity at the facility.
(11) Coal mine methane, which shall mean methane gas emitting
from
abandoned or working coal mines.
(12) Demand-side management consisting of the management of
customer
consumption of electricity or the demand for electricity
through the
implementation of:
(i) energy efficiency
technologies, management practices or other
strategies in residential, commercial,
institutional or government
customers that reduce electricity consumption by
those customers;
(ii) load management or demand response
technologies, management
practices or other strategies in residential,
commercial, industrial,
institutional and government customers that shift
electric load from
periods of higher demand to periods of lower
demand; or
(iii) industrial by-product technologies
consisting of the use of a
by-product from an industrial process, including
the reuse of energy
from exhaust gases or other manufacturing
by-products that are used
in the direct production of electricity at the
facility of a
customer.
(13) Distributed generation system, which shall mean the
small-scale
power generation of electricity and useful thermal energy.
"ALTERNATIVE ENERGY SYSTEM." A facility or energy
system that uses a form of alternative
energy source to generate electricity and delivers the electricity it
generates to the distribution system of an electric distribution company or to
the transmission system operated by a regional transmission organization.
"COMMISSION." The
"COST-RECOVERY PERIOD." The longer of:
(1) the period during which competitive transition charges
under 66
Pa.C.S. § 2808 (relating to
competitive transition charge) or
intangible transition charges under 66 Pa.C.S.
§ 2812 (relating to
approval of transition bonds) are recovered; or
(2) the period during which an electric distribution company
operates
under a Pennsylvania Public Utility Commission-approved
generation rate
plan that has been approved prior to or within one year of
the
effective date of this act, but in no case shall the
cost-recovery
period under this act extend beyond December 31, 2010.
"CUSTOMER-GENERATOR." A
nonutility owner or operator of a net metered distributed generation system
with a nameplate capacity of not greater than 50 kilowatts if installed at a
residential service or not larger than 3,000 kilowatts at other customer
service locations, except for customers whose systems are above three megawatts
and up to five megawatts who make their systems available to operate in
parallel with the electric utility during grid emergencies as defined by the
regional transmission organization or where a microgrid
is in place for the primary or secondary purpose of maintaining critical
infrastructure, such as homeland security assignments, emergency services
facilities, hospitals, traffic signals, wastewater treatment plants or
telecommunications facilities, provided that technical rules for operating
generators interconnected with facilities of an electric distribution company,
electric cooperative or municipal electric system have been promulgated by the
Institute of Electrical and Electronic Engineers and the Pennsylvania Public
Utility Commission.
"DEPARTMENT." The Department of Environmental Protection of the Commonwealth.
"ELECTRIC DISTRIBUTION COMPANY." The term shall
have the same meaning given to it in 66 Pa.C.S. Ch.
28 (relating to restructuring of electric utility industry).
"ELECTRIC GENERATION SUPPLIER."
The term shall have the same meaning given to it in 66 Pa.C.S.
Ch. 28 (relating to restructuring of electric utility industry).
"FORCE MAJEURE." Upon its
own initiative or upon a request of an electric distribution company or an electric
generator supplier, the Pennsylvania Public Utility Commission, within 60 days,
shall determine if alternative energy
resources are reasonably available in the marketplace in sufficient quantities
for the electric distribution companies and electric generation suppliers to
meet their obligations for that reporting period under this act. In making this
determination, the commission shall consider whether electric distribution
companies or electric generation suppliers have made a good faith effort to acquire
sufficient alternative energy to
comply with their obligations. Such good faith efforts shall include, but are
not limited to, banking alternative
energy credits during their transition periods, seeking alternative energy credits through
competitive solicitations and seeking to procure alternative energy credits or alternative energy through long-term contracts. In further making
its determination, the commission shall assess the availability of alternative energy credits in the
Generation Attributes Tracking System (GATS) or its successor and the
availability of alternative energy
credits generally in
"MUNICIPAL SOLID WASTE."
This will include energy from existing waste to energy facilities which the
Department of Environmental Protection has determined are in compliance with
current environmental standards, including, but not limited to, all applicable
requirements of the Clean Air Act (69 Stat. 322, 42 U.S.C. § 7401 et seq.) and
associated permit restrictions and all applicable requirements of the act of
July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act.
"NET METERING." The means
of measuring the difference between the electricity supplied by an electric
utility and the electricity generated by a customer-generator when any portion
of the electricity generated by the alternative
energy generating system is used to offset part or all of the
customer-generator's requirements for electricity. Virtual meter aggregation on
properties owned or leased and operated by a customer-generator and located
within two miles of the boundaries of the customer-generator's property and
within a single electric distribution company's service territory shall be
eligible for net metering.
"REGIONAL TRANSMISSION
ORGANIZATION." An entity approved by the Federal Energy Regulatory
Commission (FERC) that is created to operate and manage the electrical
transmission grids of the member electric transmission utilities as required
under FERC Order 2000, Docket No. RM99- 2-000, FERC Chapter
31.089 (1999) or any successor organization approved by the FERC.
"REPORTING PERIOD." The 12-month period from June 1 through May 31. A reporting
year shall be numbered according to the calendar year in which it begins and
ends.
"RETAIL ELECTRIC CUSTOMER."
The term shall have the same meaning given to it in 66 Pa.C.S.
Ch. 28 (relating to restructuring of electric utility industry).
"TIER I ALTERNATIVE
ENERGY SOURCE." Energy derived from:
(1) Solar photovoltaic and solar thermal energy.
(2) Wind power.
(3) Low-impact hydropower.
(4) Geothermal energy.
(5) Biologically derived methane gas.
(6) Fuel cells.
(7) Biomass energy.
(8) Coal mine methane.
"TIER II ALTERNATIVE
ENERGY SOURCE." Energy derived from:
(1) Waste coal.
(2) Distributed generation systems.
(3) Demand-side management.
(4) Large-scale hydropower.
(5) Municipal solid waste.
(6) Generation of electricity utilizing by-products of the
pulping
process and wood manufacturing process, including bark, wood
chips,
sawdust and lignin in spent pulping liquors.
(7) Integrated combined coal gasification technology.
"TRUE-UP PERIOD." The period each
year from the end of the reporting year until September 1.
§ 1648.3. Alternative energy
portfolio standards
(a) GENERAL COMPLIANCE AND COST
RECOVERY.--
(1) From the effective date of this act through and including
the 15th
year after enactment of this act and each year thereafter,
the electric
energy sold by an electric distribution company or electric
generation
supplier to retail electric customers in this Commonwealth
shall be
comprised of electricity generated from alternative energy sources and
in the percentage amounts as described under subsections (b)
and (c).
(2) Electric distribution companies and electric generation
suppliers
shall satisfy both requirements set forth in subsections (b)
and (c),
provided, however, that an electric distribution company or an
electric
generation supplier shall be excused from its obligations
under this
section to the extent that the commission determines that
force majeure
exists.
(3) All costs for:
(i) the purchase of
electricity generated from alternative
energy
sources, including the costs of the regional
transmission
organization, in excess of the regional
transmission organization
real-time locational
marginal pricing, or its successor, at the
delivery point of the alternative energy source for the electrical
production of the alternative energy sources; and
(ii) payments for alternative energy credits,
in both cases that are voluntarily acquired by an electric
distribution
company during the cost recovery period on behalf of its
customers
shall be deferred as a regulatory asset by the electric
distribution
company and fully recovered, with a return on the unamortized
balance,
pursuant to an automatic energy adjustment clause under 66 Pa.C.S. §
1307 (relating to sliding scale of rates; adjustments) as a
cost of
generation supply under 66 Pa.C.S.
§ 2807 (relating to duties of
electric distribution companies) in the first year after the
expiration
of its cost-recovery period. After the cost recovery period,
any
direct or indirect costs for the purchase by electric
distribution of
resources to comply with this section, including, but not
limited to,
the purchase of electricity generated from alternative energy sources,
payments for alternative
energy credits, cost of credits banked,
payments to any third party administrators for performance
under this
act and costs levied by a regional transmission organization
to ensure
that alternative
energy sources are reliable, shall be recovered on a
full and current basis pursuant to an automatic energy
adjustment
clause under 66 Pa.C.S. § 1307 as a
cost of generation supply under 66
Pa.C.S. § 2807.
(b) TIER I AND SOLAR PHOTOVOLTAIC SHARES.--
(1) Two years after the effective date of this act, at least
1.5% of
the electric energy sold by an electric distribution company
or
electric generation supplier to retail electric customers in
this
Commonwealth shall be generated from Tier I alternative energy sources.
Except as provided in this section, the minimum percentage of
electric
energy required to be sold to retail electric customers from
alternative energy
sources shall increase to 2% three years after the
effective date of this act. The minimum percentage of
electric energy
required to be sold to retail electric customers from alternative
energy sources shall increase by at least 0.5% each
year so that at
least 8% of the electric energy sold by an electric
distribution
company or electric generation supplier to retail electric
customers in
that certificated territory in the 15th year after the
effective date
of this subsection is sold from Tier I alternative energy resources.
(2) The total percentage of the electric energy sold by an
electric
distribution company or electric generation supplier to
retail electric
customers in this Commonwealth that must be sold from solar
photovoltaic technologies is:
(i) 0.0013% for June 1,
2006, through May 31, 2007.
(ii) 0.0030% for June 1, 2007, through May 31,
2008.
(iii) 0.0063% for June 1, 2008, through May 31,
2009.
(iv) 0.0120% for June 1, 2009, through May 31,
2010.
(v) 0.0203% for June 1, 2010, through May 31,
2011.
(vi) 0.0325% for June 1, 2011, through May 31,
2012.
(vii) 0.0510% for June 1, 2012, through May 31,
2013.
(viii) 0.0840% for June 1, 2013, through May 31,
2014.
(ix) 0.1440% for June 1, 2014, through May 31,
2015.
(x) 0.2500% for June 1, 2015, through May 31,
2016.
(xi) 0.2933% for June 1, 2016, through May 31,
2017.
(xii) 0.3400% for June 1, 2017, through May 31,
2018.
(xiii) 0.3900% for June 1, 2018, through May 31,
2019.
(xiv) 0.4433% for June 1, 2019, through May 31,
2020.
(xv) 0.5000% for June 1, 2020, and thereafter.
(3) Upon commencement of the beginning of the 6th reporting
year, the
commission shall undertake a review of the compliance by
electric
distribution companies and electric generation suppliers with
the
requirements of this act. The review shall also include the
status of
alternative energy
technologies within this Commonwealth and the
capacity to add additional alternative energy resources. The
commission shall use the results of this review to recommend
to the
General Assembly additional compliance goals beyond year 15.
The
commission shall work with the department in evaluating the
future
alternative energy
resource potential.
(c) TIER II SHARE.-- Of the electrical energy required to be
sold from alternative energy
sources identified in Tier II, the percentage that must be from these
technologies is for:
(1) Years 1 through 4 - 4.2%.
(2) Years 5 through 9 - 6.2%.
(3) Years 10 through 14 - 8.2%.
(4) Years 15 and thereafter - 10.0%.
(d) EXEMPTION DURING COST-RECOVERY PERIOD.-- Compliance with
subsections (a), (b) and (c) shall not be required for any electric
distribution company that has not reached the end of its cost-recovery period
or for electric generation supplier sales in the service territory of an
electric distribution company that has not reached the end of its cost-recovery
period. At the conclusion of an electric distribution company's cost-recovery
period, this exception shall no longer apply, and compliance shall be required
at the percentages in effect at that time. Electric distribution companies and
electric generation suppliers whose sales are exempted under this subsection
and who voluntarily sell electricity generated from Tier I and Tier II sources
during the cost-recovery period may bank credits consistent with subsection
(e)(7).
(e) ALTERNATIVE ENERGY CREDITS.--
(1) The commission shall establish an alternative energy credits
program as needed to implement this act. The provision of
services
pursuant to this section shall be exempt from the competitive
procurement procedures of 62 Pa.C.S.
(relating to procurement).
(2) The commission shall approve an independent entity to
serve as the
alternative energy
credits program administrator. The administrator
shall have those powers and duties assigned by commission
regulations.
Such powers and duties shall include, but not be limited to,
the
following:
(i) To
create and administer an alternative
energy credits
certification, tracking and reporting program.
This program should
include, at a minimum, a process for qualifying alternative energy
systems and determining the manner credits can be
created, accounted
for, transferred and retired.
(ii) To submit reports to the commission at such
times and in such
manner as the commission shall direct.
(3) All qualifying alternative
energy systems must include a qualifying
meter to record the cumulative electric production to verify
the
advanced energy credit value. Qualifying meters will be
approved by
the commission as defined in paragraph (4).
(4) (i)
An electric distribution company or electric generation
supplier shall comply with the applicable
requirements of this
section by purchasing sufficient alternative energy credits and
submitting documentation of compliance to the
program administrator.
(ii) For purposes of this subsection, one alternative energy credit
shall represent one megawatt hour of qualified
alternative electric
generation, whether self-generated, purchased
along with the electric
commodity or separately through a tradable
instrument and otherwise
meeting the requirements of commission
regulations and the program
administrator.
(5) The alternative
energy credits program shall include provisions
requiring a reporting period as defined in section 2 for all
covered
entities under this act. The alternative energy credits program shall
also include a true-up period as defined in section 2. The
true-up
period shall provide entities covered under this act the
ability to
obtain the required number of alternative energy credits or to make up
any shortfall of the alternative
energy credits they may be required to
obtain to comply with this act. A force majeure provision
shall also
be provided for under the true-up period provisions.
(6) An electric distribution company and electric generation
supplier
may bank or place in reserve alternative energy credits produced in one
reporting year for compliance in either or both of the two
subsequent
reporting years, subject to the limitations set forth in this
subsection and provided that the electric distribution
company and
electric generation supplier are in compliance for all
previous
reporting years. In addition, the electric distribution
company and
electric generation supplier shall demonstrate to the
satisfaction of
the commission that such credits:
(i) were in excess of
the alternative energy credits
needed for
compliance in the year in which they were
generated and that such
excess credits have not previously been used for
compliance under
this act;
(ii) were produced by the generation of
electrical energy by
alternative
energy sources and sold to retail customers during the
year in which they were generated; and
(iii) have not otherwise been nor will be sold,
retired, claimed or
represented as part of satisfying compliance with
alternative or
renewable energy portfolio standards in other
states.
(7) An electric distribution company or an electric
generation supplier
with sales that are exempted under subsection (d) may bank
credits for
retail sales of electricity generated from Tier I and Tier II
sources
made prior to the end of the cost-recovery period and after
the
effective date of this act. Bankable credits shall be limited
to
credits associated with electricity sold from Tier I and Tier
II
sources during a reporting year which exceeds the volume of
sales from
such sources by an electric distribution company or electric
generation
supplier during the 12-month period immediately preceding the
effective
date of this act. All credits banked under this subsection
shall be
available for compliance with subsections (b) and (c) for no
more than
two reporting years following the conclusion of the cost-recovery
period.
(8) The commission or its designee shall develop a registry
of
pertinent information regarding all available alternative energy
credits, credit transactions among electric distribution
companies and
electric generation suppliers, the number of alternative energy credits
sold or transferred and the price paid for the sale or
transfer of the
credits. The registry shall provide current information to
electric
distribution companies, electric generation suppliers and the
general
public on the status of alternative energy credits created, sold or
transferred within this Commonwealth.
(9) The commission may impose an administrative fee on an alternative
energy credit transaction. The amount of this fee may
not exceed the
actual direct cost of processing the transaction by the alternative
energy credits administrator. The commission is
authorized to utilize
up to 5% of the alternative compliance fees generated under
subsection
(f) for administrative expenses directly associated with this
act.
(10) The commission shall establish regulations governing the
verification and tracking of energy efficiency and
demand-side
management measures pursuant to this act, which shall include
benefits
to all utility customer classes. When developing regulations,
the
commission must give reasonable consideration to existing and
proposed
regulations and rules in existence in the regional
transmission
organizations that manage the transmission system in any part
of this
Commonwealth. All verified reductions shall accrue credits
starting
with the passage of this act.
(11) The commission shall within 120 days of the effective
date of this
act develop a depreciation schedule for alternative energy credits
created through demand-side management, energy efficiency and
load
management technologies and shall develop standards for
tracking and
verifying savings from energy efficiency, load management and
demand-side management measures. The commission shall allow
for a
60-day public comment period and shall issue final standards
within 30
days of the close of the public comment period.
(12) Unless a contractual provision explicitly assigns alternative
energy credits in a different manner, the owner of the
alternative
energy system or a customer-generator owns any and all
alternative
energy credits associated with or created by the
production of electric
energy by such facility or customer, and the owner or customer
shall be
entitled to sell, transfer or take any other action to which
a legal
owner of property is entitled to take with respect to the
credits.
(f) ALTERNATIVE COMPLIANCE PAYMENT.--
(1) At the end of each program year, the program administrator
shall
provide a report to the commission and to each covered
electric
distribution company showing their status level of alternative energy
acquisition.
(2) The commission shall conduct a review of each
determination made
under subsections (b) and (c). If, after notice and hearing,
the
commission determines that an electric distribution company
or electric
generation supplier has failed to comply with subsections (b)
and (c),
the commission shall impose an alternative compliance payment
on that
company or supplier.
(3) The alternative compliance payment, with the exception of
the solar
photovoltaic share compliance requirement set forth in
subsection
(b)(2), shall be $ 45 times the number of additional alternative energy
credits needed in order to comply with subsection (b) or (c).
(4) The alternative compliance payment for the solar
photovoltaic share
shall be 200% of the average market value of solar renewable
energy
credits sold during the reporting period within the service
region of
the regional transmission organization, including, where
applicable,
the levelized up-front rebates
received by sellers of solar renewable
energy credits in other jurisdictions in the PJM
Interconnection,
L.L.C. transmission organization (PJM) or its successor.
(5) The commission shall establish a process to provide for,
at least
annually, a review of the alternative energy market within this
Commonwealth and the service territories of the regional
transmission
organizations that manage the transmission system in any part
of this
Commonwealth. The commission will use the results of this
study to
identify any needed changes to the cost associated with the
alternative
compliance payment program. If the commission finds that the
costs
associated with the alternative compliance payment program
must be
changed, the commission shall present these findings to the
General
Assembly for legislative enactment.
(g) TRANSFER TO SUSTAINABLE
DEVELOPMENT FUNDS.--
(1) Notwithstanding the provisions of 66 Pa.C.S.
§ 511 (relating to
disposition, appropriation and disbursement of assessments
and fees)
and 3315 (relating to disposition of fines and penalties),
alternative
compliance payments imposed pursuant to this act shall be
paid into
Pennsylvania's Sustainable Energy Funds created under the
commission's
restructuring orders under 66 Pa.C.S.
Ch. 28 (relating to restructuring
of electric utility industry). Alternative compliance
payments shall
be paid into a special fund of the Pennsylvania Sustainable
Energy
Board, established by the commission under Docket M-00031715,
and made
available to the Regional Sustainable Energy Funds under
procedures and
guidelines approved by the Pennsylvania Energy Board.
(2) The alternative compliance payments shall be utilized
solely for
projects that will increase the amount of electric energy
generated
from alternative
energy resources for purposes of compliance with
subsections (b) and (c).
(h) NONSEVERABILITY.-- The
provisions of subsection (a) are declared to be nonseverable.
If any provision of subsection (a) is held invalid, the remaining provisions of
this act shall be void.
§ 1648.4. Portfolio requirements
in other states
If an electric distribution supplier or electric
generation company provider sells electricity in any other state and is subject
to renewable energy portfolio requirements in that state, they shall list any
such requirement and shall indicate how it satisfied those renewable energy
portfolio requirements. To prevent double-counting, the electric distribution
supplier or electric generation company shall not satisfy Pennsylvania's alternative energy portfolio
requirements using alternative energy
used to satisfy another state's portfolio requirements or alternative energy credits already
purchased by individuals, businesses or government bodies that do not have a
compliance obligation under this act unless the individual, business or
government body sells those credits to the electric distribution company or
electric generation supplier. Energy derived from alternative energy sources inside the geographical boundaries of
this Commonwealth shall be eligible to meet the compliance requirements under
this act. Energy derived from alternative
energy sources located outside the geographical boundaries of this
Commonwealth but within the service territory of a regional transmission
organization that manages the transmission system in any part of this
Commonwealth shall only be eligible to meet the compliance requirements of
electric distribution companies or electric generation suppliers located within
the service territory of the same regional transmission organization. For
purposes of compliance with this act, alternative
energy sources located in the PJM Interconnection, L.L.C. regional
transmission organization (PJM) or its successor service territory shall be
eligible to fulfill compliance obligations of all
§ 1648.5. Interconnection
standards for customer-generator facilities
Excess generation from net-metered customer-generators shall receive full
retail value for all energy produced on an annual basis. The commission shall
develop technical and net metering interconnection
rules for customer-generators intending to operate renewable onsite generators
in parallel with the electric utility grid, consistent with rules defined in
other states within the service region of the regional transmission
organization that manages the transmission system in any part of this
Commonwealth. The commission shall convene a stakeholder process to develop Statewide technical and net metering rules for
customer-generators. The commission shall develop these rules within nine
months of the effective date of this act.
§ 1648.6. Health and safety
standards
The department shall cooperate with the Department of Labor and Industry
as necessary in developing health and safety standards, as needed, regarding
facilities generating energy from alternative
energy sources. The department shall establish appropriate and
reasonable health and safety standards to ensure uniform and proper compliance
with this act by owners and operators of facilities generating energy from alternative energy sources as defined
in this act.
§ 1648.7. Interagency responsibilities
(a) COMMISSION RESPONSIBILITIES.-- The commission will carry out the
responsibilities delineated within this act. The commission also shall, in
cooperation with the department, conduct an ongoing alternative energy resources planning assessment for this
Commonwealth. This assessment will, at a minimum, identify current and
operating alternative energy
facilities, the potential to add future alternative
energy generating capacity and the conditions of the alternative energy marketplace. The
assessment will identify needed methods to maintain or increase the relative
competitiveness of the alternative
energy market within this Commonwealth.
(b) DEPARTMENT RESPONSIBILITIES.--
The department shall ensure that all qualified alternative energy sources meet all applicable environmental
standards and shall verify that an alternative
energy source meets the standards set forth in section 2.
(c) COOPERATION BETWEEN COMMISSION AND DEPARTMENT.-- The commission and the department shall work
cooperatively to monitor the performance of all aspects of this act and will
provide an annual report to the chairman and minority chairman of the
Environmental Resources and Energy Committee of the Senate and the chairman and
minority chairman of the Environmental Resources and Energy Committee of the
House of Representatives. The report shall include at a minimum:
(1) The status of the compliance
with the provisions of this act by
electric distribution companies and electric generation
suppliers.
(2) Current costs of alternative
energy on a per kilowatt hour basis
for all alternative
energy technology types.
(3) Costs associated with the alternative energy credits program under
this act, including the number of alternative compliance
payments.
(4) The status of the alternative
energy marketplace within this
Commonwealth.
(5) Recommendations for program improvements.
§ 1648.8. Rural electric
cooperatives
Each rural
electric cooperative operating within this Commonwealth shall offer to
its retail customers a voluntary program of energy efficiency and demand-side
management programs as a means to satisfy compliance with the requirements of
this act.