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RPS Colorado
(Last updated November 17th, 2004)

RENEWABLE PORTFOLIO STANDARDS-STATE SUMMARY

I. POLICY
II. ADMINISTRATION
III. FINANCING
IV. CRITICAL ELEMENTS
V. POLICY/PROGRAM ASSESSMENT
VI. PUBLIC OUTREACH AND EDUCATION


I. POLICY

Date Enacted
November 2, 2004

Effective Date
January, 2007

Time Period
2007-2015 and onward

Extensions to Time Period
not applicable

Applicable Laws, Orders, and Regulations
Amendment 37 - Renewable Energy Requirement
Colorado Ballot Proposal for the November 2, 2004 Election
http://www.state.co.us/gov_dir/leg_dir/lcsstaff/2004/ballot/2004BluebookforInternet.PDF

Description
Colorado voters passed an amendment to the Colorado Revised Statues calling for a renewable energy requirement of 3% beginning in 2007, and incrementing to 6% in 2011 and 10% in 2015 and beyond. The requirement applies to utilities serving 40,000 or more customers; and utilities may hold an election of their customers to be included or exempted from the requirement. The renewable requirement includes a solar set-aside stating that at least 4% of the renewable generation in each year must come from solar resources. In addition, a solar rebate program is offered, providing utility customers an incentive for installing solar equipment. Cost increase on average residential electric bills is limited to less than 50 cents per month. Utilities may purchase renewable energy credits in lieu of actual generation to meet the requirement, under a renewable energy credit trading system. Colorado's RPS is the first RPS to be passed by ballot initiative.

Program Name
Renewable Energy Standard

Standard
Note: The Standard currently applies only to utilities with 40,000 or more retail customers. At the time of passage of the amendment nine utilities will be affected, accounting for 80% of customers in the state.

Year

% Retail Sales from Renewable Sources for Affected Utilities

% Renewable Retail Sales from Solar
2007–2010
3%
4% minimum*
2011–2014
6%
4% minimum*
2015–onward
10%
4% minimum*

* At least 2% of the 4% solar set-aside must come from customer-sited generation.

Eligibility Date
An eligibility date is not specified in the legislation, thus both existing and new sources are eligible under the RPS.

Generation Limit
Hydroelectricity generation must have a nameplate capacity less than 10 MW to qualify for the renewable requirement. There are no generation limits on other renewable sources.

Fuels/Technologies

  • Solar
  • Wind
  • Geothermal
  • Hydroelectric less than 10 MW capacity
  • Eligible Biomass, which includes:
    • Agricultural Crops, Urban Wood Waste, Mill Residue, Slash, or Brush
    • Animal Wastes and Products of Animal Wastes
    • Methane produced from Landfills or Wastewater Treatment
  • Fuel Cells using Hydrogen produced from the above defined renewable sources

II. ADMINISTRATION

Administering Entities
Public Utility Commission

Type of Entity
State

Administrative Contacts
Public Utilities Commission of Colorado
1580 Logan Street, OL 2
Denver, CO 80203
Phone: (800) 888-0170
Fax: (303) 894-2065
http://www.dora.state.co.us/puc/


III. FINANCING

Funding Level
none specified

Funding Source
The PUC will approve retail rates sufficient to cover the costs of a renewable generation contract with a utilily, subject to the cost cap below. If implementation of renewable generation results in a net decrease in cost to customers, the utility may keep up to 50% of the difference.

Cost Cap
The average utility customer retail electric rate may not increase more than 50 cents per month.

Charge
included in retail electric rate

IV. CRITICAL ELEMENTS

Trading
The amendment tasks the Public Utility Commission with establishing a system under which renewable generation credits can be traded. The Commission is also to analyze the effectiveness of using a regional trading system, which most likely refers to the system adopted by the Western Governor's Association. Further details of the trading system are not provided at this time.

Green Pricing
Renewable energy sold under green pricing programs is not addressed for currently affected utilities. The amendment does require that utilities exempted from this standard due to already having a sufficient standard of their own in place, must also have a green pricing option.

Certification
The commission may adopt regulations that establish a system of renewable energy credits that may be used by a provider to comply with its portfolio standard.

Out-of-State
Out-of-State generation is not specifically addressed in the amendment. However, the amendment does establish that generation from renewable resources within the state of Colorado count for 1.25 kWh per 1 kWh of generation for the purposes of meeting the RES requirement.

Self-generation
Utilities are required to offer a rebate to customers of $2.00 per watt of installed solar electric capacity at a customer's facilities, up to 100 kiloWatts. A net-metering system is established, and excess generation in a given month is applied as a credit for the following month. If in a calendar year a customer's generation exceeds consumption, the utility must reimburse the customer for the excess generation at the utility's average hourly incremental cost for the prior 12-month period. Electricity generated at a customer site can be applied toward meeting the utility's renewable generation requirement. In fact, the standard requires that 4% of the renewable requirement be met with solar, and that half of this 4% come from generation at customer's facilities. The utilities are prohibited from establishing unreasonably burdensome interconnection requirements.

Flexibility
Utilities may purchase renewable generation credits to meet the requirement, however the details of this system are not worked out yet. Utilities may also count verified generation savings due to energy-efficiency programs towards the requirement.

Utilities currently affected by the requirement can exempt themselves, and utilities not affected may opt in, by holding an election of the utility's customers. At least 25% of customers must vote, with a simple majority required for passage of either exemption or inclusion.

If a municipally-owned utility already has in place a similar renewable energy standard, that utility may be exempted from the regulations of this amendment. For the utility standard in question, only the above listed renewable sources may count, and the percentage requirements must meet or exceed the requirements of this amendment. The utility is also required to have a green-pricing option.

Contracts
The Public Utility Commission must approve the terms and conditions of renewable energy contracts between a qualifying utility and another party. Contracts must have a minimum term of 20 years, including contracts acquiring renewable energy credits from customer-sited facilities. Utilities are required to consider proposals from third parties for the provision of renewable energy and/or credits.

V. POLICY/PROGRAM ASSESSMENT

Reporting Requirement
Each utility is required to submit a report once annually to the PUC detailing the utility's compliance with the statutes of this amendment.

Assessing Entity
Public Utilities Commission

Report Date
not yet available

Report Name
not yet available

Status
Amendment to the Colorado Revised Statutes is effective immediately from passage of the amendment on November 2, 2004. The Public Utility Commission is required to adopt regulations enforcing the statutes on or before April 1, 2005.

Cost Information
Actual cost information is not yet available, as the program has not yet been implemented.

Assessment Contact
Public Utilities Commission of Colorado
1580 Logan Street, OL 2
Denver, CO 80203
Phone: (800) 888-0170
Fax: (303) 894-2065
http://www.dora.state.co.us/puc/

VI. PUBLIC OUTREACH AND EDUCATION

Outreach/Customer Education
Governor's Office of Energy Management & Conservation - Renewables
http://www.state.co.us/oemc/programs/renewable/index.htm

Press Release
http://www.eere.energy.gov/news/news_detail.cfm?news_id=8267