4 Colo. Code Regs. § 723-3-3654
Current through Register Vol. 47, No. 20, October 25, 2024
Section 4 CCR 723-3-3654 - Renewable Energy Standard(a) Each investor owned QRU shall generate or cause to be generated (through purchase or by providing rebates or other form of incentive) eligible energy, including the renewable distributed generation required under paragraphs 3655(a) and (b), in the following minimum amounts:(I) twenty percent of its retail electricity sales in Colorado for each of the compliance years 2015 through 2019; and(II) thirty percent of its retail electricity sales in Colorado for each of the compliance years beginning in 2020 and continuing thereafter.(b) Each cooperative electric association QRU that serves fewer than 100,000 meters and municipally owned QRU shall generate or cause to be generated eligible energy in the following minimum amounts:(I) six percent of its retail electricity sales in Colorado for each of the compliance years 2015 through 2019; and(II) ten percent of its retail electricity sales in Colorado for each of the compliance years beginning in 2020 and continuing thereafter(c) Each cooperative electric association QRU that serves 100,000 or more meters shall generate or cause to be generated eligible energy in amounts that are at least 20 percent of its retail electricity sales in Colorado for each of the compliance years beginning in 2020 and continuing thereafter.(d) For municipal utilities that become municipally owned QRUs after December 31, 2006, the minimum percentage requirements of eligible energy shall begin in the first calendar year following qualification as follows: (I) years one through three: One percent of retail electricity sales;(II) years four through seven: Three percent of retail electricity sales;(III) years eight through twelve: Six percent of retail electricity sales; and(IV) tears 13 and thereafter: Ten percent of retail electricity sales.(e) For purposes of cooperative electric association QRU compliance with the RES specified in paragraphs 3654(b) and (c), each kWh of eligible energy generated from solar electric generation technology shall be counted as 3.0 kWh of eligible energy, provided that the solar electric generation technology commenced producing electricity prior to July 1, 2015. For solar electric generation technology that commenced producing electricity on or after July 1, 2015, each kWh of eligible energy generated from solar electric generation technology shall be counted as 1.0 kWh of eligible energy for compliance purposes.(f) For purposes of municipally owned QRU compliance with the RES specified in paragraphs 3653(a) and 3654(d), each kWh of eligible energy generated from solar electric generation technology shall be counted as 3.0 kWh of eligible energy, provided that the solar electric generation technology was under contract for development prior to August 1, 2015 and commenced producing electricity prior to December 31, 2016. For solar electric generation technology that either was not under contract for development prior to August 1, 2015 or commenced producing electricity on or after December 31, 2016, each kWh of eligible energy generated from solar electric generation technology shall be counted as 1.0 kWh of eligible energy for compliance purposes.(g) For purposes of compliance with the RES, each kWh of eligible energy generated by an early eligible energy resource shall be counted as 1.25 kWh of eligible energy. Eligible energy generated by retail renewable distributed generation for which a QRU has entered into a purchase transaction prior to August 11, 2010 shall also be counted as 1.25 kWh of eligible energy.(h) For purposes of compliance with the RES, each kWh of eligible energy generated from a community-based project shall be counted as 1.5 kWh of eligible energy.(i) For purposes of compliance with the RES, each kWh of eligible energy generated from a rural renewable project may be counted as two kWh of eligible energy subject to the restrictions on rural renewable projects in rule 3666.(j) For purposes of compliance with the RES, each kWh of eligible energy shall be subject to only one of the compliance multipliers in paragraphs 3654(e), (f), (g) or (h).(k) For purposes of compliance with the RES, a QRU may generate, or cause to be generated, and count eligible energy or RECs for compliance:(I) For the compliance year immediately preceding the compliance year during which they were generated, provided that such eligible energy or RECs are generated no later than July 1 of the calendar year immediately following the end of the compliance year for which they are being counted;(II) For the compliance year during which they were generated; or(III) For the five compliance years immediately following the compliance year during which they were generated.(l) For purposes of compliance with this RES, a QRU may substitute the equivalent RECs for eligible energy.(m) For purposes of compliance with this RES, there shall be no "double counting" of eligible energy or RECs. RECs shall be used for a single purpose only, and shall be retired upon use for that purpose. Notwithstanding the foregoing, eligible energy and RECs generated or acquired by a QRU and counted toward compliance with a federal RES may also be counted by the QRU toward compliance with the state RES.(n) RECs associated with eligible energy sold by the investor owned QRU under an optional renewable energy pricing program shall be retired by the investor owned QRU and may not be counted by the investor owned QRU toward compliance with the RES.(o) For purposes of compliance with this RES, if a generation system uses a combination of fossil fuel and eligible energy resources to generate electricity, a QRU may count only as eligible energy the proportion of the total electric output of the generation system that results from the use of eligible energy resources. The QRU shall include in its annual compliance plan the method of calculation used to determine the proportion of eligible energy.(p) The QRU may generate, or cause to be generated, eligible energy without regard to economic dispatch procedures.(q) For the purpose of compliance with the RES, a QRU shall cause eligible energy to be generated through payment for the eligible energy by contract or tariff, through payment of a standard offer under Rule 3658, or through the payment of another incentive.38 CR 17, September 10, 2015, effective 9/30/201539 CR 06, March 25, 2016, effective 4/14/201639 CR 08, April 25, 2016, effective 5/15/201640 CR 22, November 25, 2017, effective 12/15/201742 CR 03, February 10, 2019, effective 3/2/201942 CR 07, April 10, 2019, effective 4/30/201942 CR 09, May 10, 2019, effective 5/30/201943 CR 08, April 25, 2020, effective 5/15/202043 CR 12, June 25, 2020, effective 7/15/202043 CR 20, October 25, 2020, effective 11/14/202044 CR 13, July 10, 2021, effective 7/30/202144 CR 24, December 25, 2021, effective 1/14/202245 CR 18, September 25, 2022, effective 10/15/202246 CR 02, January 25, 2023, effective 2/14/2023