March 5, 2015, Introduced by Rep. Nesbitt and referred to the Committee on Energy Policy.
A bill to amend 2008 PA 295, entitled
"Clean, renewable, and efficient energy act,"
by amending sections 1, 3, 5, 7, 9, 11, 13, 21, 27, 39, 43, 45, 89,
91, 93, and 95 (MCL 460.1001, 460.1003, 460.1005, 460.1007,
460.1009, 460.1011, 460.1013, 460.1021, 460.1027, 460.1039,
460.1043, 460.1045, 460.1089, 460.1091, 460.1093, and 460.1095),
section 93 as amended by 2010 PA 269; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"clean, renewable, and efficient energy act".
(2) The purpose of this act is to promote the development of
clean
energy , and
renewable energy ,
and energy optimization
through
the implementation of a clean, renewable , and energy
efficient
standard that will cost-effectively
do all of the
following:
(a) Diversify the resources used to reliably meet the energy
needs of consumers in this state.
(b) Provide greater energy security through the use of
indigenous
energy resources available within the this state.
(c)
Encourage private investment in renewable energy. and
energy
efficiency.
(d) Provide improved air quality and other benefits to energy
consumers and citizens of this state.
(e) Remove unnecessary burdens on the appropriate use of solid
waste as a clean energy source.
Sec. 3. As used in this act:
(a) "Advanced cleaner energy" means electricity generated
using an advanced cleaner energy system.
(b) "Advanced cleaner energy credit" means a credit certified
under section 43 that represents generated advanced cleaner energy.
(c) "Advanced cleaner energy system" means any of the
following:
(i) A gasification facility.
(ii) An industrial cogeneration facility.
(iii) A coal-fired electric generating facility if 85% or more
of the carbon dioxide emissions are captured and permanently
geologically sequestered.
(iv) An electric generating facility or system that uses
technologies
not in commercial operation on the effective date of
this
act.October 6, 2008.
(d) "Affiliated transmission company" means that term as
defined in section 2 of the electric transmission line
certification act, 1995 PA 30, MCL 460.562.
(e) "Applicable regional transmission organization" means a
nonprofit, member-based organization governed by an independent
board of directors that serves as the federal energy regulatory
commission-approved
commission approved regional transmission
organization with oversight responsibility for the region that
includes the provider's service territory.
(f) "Biomass" means any organic matter that is not derived
from fossil fuels, that can be converted to usable fuel for the
production of energy, and that replenishes over a human, not a
geological, time frame, including, but not limited to, all of the
following:
(i) Agricultural crops and crop wastes.
(ii) Short-rotation energy crops.
(iii) Herbaceous plants.
(iv) Trees and wood. , but only if derived
from sustainably
managed
forests or procurement systems, as defined in section 261c
of
the management and budget act, 1984 PA 431, MCL 18.1261c.
(v) Paper and pulp products.
(vi) Precommercial wood thinning waste, brush, or yard waste.
(vii) Wood wastes and residues from the processing of wood
products or paper.
(viii) Animal wastes.
(ix) Wastewater sludge or sewage.
(x) Aquatic plants.
(xi) Food production and processing waste.
(xii) Organic by-products from the production of biofuels.
(g) "Board" means the wind energy resource zone board created
under section 143.
(h) "Carbon dioxide emissions benefits" means that the carbon
dioxide emissions per megawatt hour of electricity generated by the
advanced cleaner energy system are at least 85% less or, for an
integrated gasification combined cycle facility or an integrated
pyrolysis combined cycle facility, 70% less than the average carbon
dioxide emissions per megawatt hour of electricity generated from
all coal-fired electric generating facilities operating in this
state on January 1, 2008.
(i) "Commission" means the Michigan public service commission.
(j) "Customer meter" means an electric meter of a provider's
retail customer. Customer meter does not include a municipal water
pumping meter or additional meters at a single site that were
installed specifically to support interruptible air conditioning,
interruptible water heating, net metering, or time-of-day tariffs.
Sec. 5. As used in this act:
(a) "Electric provider", subject to sections 21(1), 23(1), and
25(1), means any of the following:
(i) Any person or entity that is regulated by the commission
for the purpose of selling electricity to retail customers in this
state.
(ii) A municipally-owned electric utility in this state.
(iii) A cooperative electric utility in this state.
(iv) Except as used in subpart B of part 2, an alternative
electric supplier licensed under section 10a of 1939 PA 3, MCL
460.10a.
(b)
"Eligible electric generator" means that a methane
digester or renewable energy system with a generation capacity
limited to the customer's electric need and that does not exceed
the following:
(i) For a renewable energy system, 150 kilowatts of aggregate
generation at a single site.
(ii) For a methane digester, 550 kilowatts of aggregate
generation at a single site.
(c) "Energy conservation" means the reduction of customer
energy use through the installation of measures or changes in
energy usage behavior. Energy conservation does not include the use
of advanced cleaner energy systems.
(d) "Energy efficiency" means a decrease in customer
consumption of electricity or natural gas achieved through measures
or programs that target customer behavior, equipment, devices, or
materials without reducing the quality of energy services.
(e)
"Energy optimization", subject to subdivision (f), means
all
of the following:
(i) Energy efficiency.
(ii) Load management, to the extent that the load
management
reduces
overall energy usage.
(iii) Energy conservation, but only to the extent that
the
decreases
in the consumption of electricity produced by energy
conservation
are objectively measurable and attributable to an
energy
optimization plan.
(f)
Energy optimization does not include electric provider
infrastructure
projects that are approved for cost recovery by the
commission
other than as provided in this act.
(g)
"Energy optimization credit" means a credit certified
pursuant
to section 87 that represents achieved energy
optimization.
(h)
"Energy optimization plan" or "EO plan" means a plan under
section
71.
(i)
"Energy optimization standard" means the minimum energy
savings
required to be achieved under section 77.
(e) (j)
"Energy star" means the
voluntary partnership among
the United States department of energy, the United States
environmental protection agency, product manufacturers, local
utilities, and retailers to help promote energy efficient products
by labeling with the energy star logo, to educate consumers about
the benefits of energy efficiency, and to help promote energy
efficiency in buildings by benchmarking and rating energy
performance.
(f) (k)
"Federal approval" means
approval by the applicable
regional transmission organization or other federal energy
regulatory commission approved transmission planning process of a
transmission project that includes the transmission line. Federal
approval may be evidenced in any of the following manners:
(i) The proposed transmission line is part of a transmission
project included in the applicable regional transmission
organization's board-approved transmission expansion plan.
(ii) The applicable regional transmission organization has
informed the electric utility, affiliated transmission company, or
independent transmission company that a transmission project
submitted for an out-of-cycle project review has been approved by
the applicable regional transmission organization, and the approved
transmission project includes the proposed transmission line.
(iii) If, after the effective date of this act, October 6, 2008,
the applicable regional transmission organization utilizes another
approval process for transmission projects proposed by an electric
utility, affiliated transmission company, or independent
transmission company, the proposed transmission line is included in
a transmission project approved by the applicable regional
transmission organization through the approval process developed
after
the effective date of this act.October
6, 2008.
(iv) Any other federal energy regulatory commission approved
transmission planning process for a transmission project.
Sec. 7. As used in this act:
(a) "Gasification facility" means a facility located in this
state that uses a thermochemical process that does not involve
direct combustion to produce synthesis gas, composed of carbon
monoxide and hydrogen, from carbon-based feedstocks (such as coal,
petroleum coke, wood, biomass, hazardous waste, medical waste,
industrial waste, and solid waste, including, but not limited to,
municipal solid waste, electronic waste, and waste described in
section 11514 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.11514) and that uses the synthesis gas or
a mixture of the synthesis gas and methane to generate electricity
for commercial use. Gasification facility includes the transmission
lines, gas transportation lines and facilities, and associated
property and equipment specifically attributable to such a
facility. Gasification facility includes, but is not limited to, an
integrated gasification combined cycle facility and a plasma arc
gasification facility.
(b) "Incremental costs of compliance" means the net revenue
required by an electric provider to comply with the renewable
energy standard, calculated as provided under section 47.
(c) "Independent transmission company" means that term as
defined in section 2 of the electric transmission line
certification act, 1995 PA 30, MCL 460.562.
(d) "Industrial cogeneration facility" means a facility that
generates electricity using industrial thermal energy or industrial
waste energy.
(e) "Industrial thermal energy" means thermal energy that is a
by-product of an industrial or manufacturing process and that would
otherwise be wasted. For the purposes of this subdivision,
industrial or manufacturing process does not include the generation
of electricity.
(f) "Industrial waste energy" means exhaust gas or flue gas
that is a by-product of an industrial or manufacturing process and
that would otherwise be wasted. For the purposes of this
subdivision, industrial or manufacturing process does not include
the generation of electricity.
(g) "Integrated gasification combined cycle facility" means a
gasification facility that uses a thermochemical process, including
high temperatures and controlled amounts of air and oxygen, to
break substances down into their molecular structures and that uses
exhaust heat to generate electricity.
(h) "Integrated pyrolysis combined cycle facility" means a
pyrolysis facility that uses exhaust heat to generate electricity.
(i) (h)
"LEED" means the
leadership in energy and
environmental design green building rating system developed by the
United States green building council.
(j) (i)
"Load management" means
measures or programs that
target equipment or devices to result in decreased peak electricity
demand such as by shifting demand from a peak to an off-peak
period.
(k) "Megawatt", "megawatt hour", or "megawatt hour of
electricity", unless the context implies otherwise, includes the
steam equivalent of a megawatt or megawatt hour of electricity.
(l) (j)
"Modified net metering"
means a utility billing method
that applies the power supply component of the full retail rate to
the net of the bidirectional flow of kilowatt hours across the
customer interconnection with the utility distribution system,
during a billing period or time-of-use pricing period. A negative
net metered quantity during the billing period or during each time-
of-use pricing period within the billing period reflects net excess
generation for which the customer is entitled to receive credit
under section 177(4). Standby charges for modified net metering
customers on an energy rate schedule shall be equal to the retail
distribution charge applied to the imputed customer usage during
the billing period. The imputed customer usage is calculated as the
sum of the metered on-site generation and the net of the
bidirectional flow of power across the customer interconnection
during the billing period. The commission shall establish standby
charges for modified net metering customers on demand-based rate
schedules that provide an equivalent contribution to utility system
costs.
Sec. 9. As used in this act:
(a) "Natural gas provider" means an investor-owned business
engaged in the sale and distribution of natural gas within this
state whose rates are regulated by the commission. However, as used
in subpart B of part 2, natural gas provider does not include an
alternative gas supplier licensed under section 9b of 1939 PA 3,
MCL 460.9b.
(b) "Pet coke" means a solid carbonaceous residue produced
from a coker after cracking and distillation from petroleum
refining operations.
(c) (b)
"Plasma arc gasification facility"
means a
gasification facility that uses a plasma torch to break substances
down into their molecular structures.
(d) (c)
"Provider" means an
electric provider or a natural gas
provider.
(e) (d)
"PURPA" means the public
utility regulatory policies
act of 1978, Public Law 95-617.
(f) "Pyrolysis facility" means a facility that effects
thermochemical decomposition at elevated temperatures without the
participation of oxygen, from carbon-based feedstocks such as coal,
wood, biomass, industrial waste, or solid waste, including, but not
limited to, waste described in section 11514 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.11514, but not including pet coke. Pyrolysis facility includes
the transmission lines, gas transportation lines and facilities,
and associated property and equipment specifically attributable to
the facility. Pyrolysis facility includes, but is not limited to,
an integrated pyrolysis combined cycle facility.
(g) (e)
"Qualifying small power
production facility" means
that term as defined in 16 USC 824a-3.
Sec. 11. As used in this act:
(a) "Renewable energy" means electricity or steam generated
using a renewable energy system.
(b) "Renewable energy capacity portfolio" means the number of
megawatts calculated under section 27(2) for a particular year.
(c) "Renewable energy contract" means a contract to acquire
renewable energy and the associated renewable energy credits from 1
or more renewable energy systems.
(d) "Renewable energy credit" means a credit granted pursuant
to section 41 that represents generated renewable energy.
(e) "Renewable energy credit portfolio" means the sum of the
renewable energy credits achieved by a provider for a particular
year.
(f) "Renewable energy credit standard" means a minimum
renewable
energy portfolio required under section 27.27(3).
(g) "Renewable energy generator" means a person that, together
with its affiliates, has constructed or has owned and operated 1 or
more renewable energy systems with combined gross generating
capacity of at least 10 megawatts.
(h) "Renewable energy plan" or "plan", means a plan approved
under section 21 or 23 or found to comply with this act under
section 25, with any amendments adopted under this act.
(i) "Renewable energy resource", subject to subdivision (j),
means
a resource that naturally replenishes over a human, not a
geological,
time frame and that is ultimately derived from solar
power,
water power, or wind power. Renewable energy resource does
not
include petroleum, nuclear, natural gas, or coal. A renewable
energy
resource comes from the sun or from thermal inertia of the
earth
and minimizes the output of toxic material in the conversion
of
the energy and includes, but is not limited to, all any of
the
following:
(i) Biomass.
(ii) Solar and solar thermal energy.
(iii) Wind energy.
(iv) Kinetic energy of moving water, including all of the
following:
(A) Waves, tides, or currents.
(B) Water released through a dam.
(v) Geothermal energy.
(vi) Thermal energy produced from a geothermal heat pump.
(vii) (vi) Any
of the following cleaner energy resources:
(A) Municipal solid waste, including both the biogenic and
anthropogenic fractions.
(B) (vii) Landfill
gas produced by municipal solid waste.
(C) Fuel that has been manufactured in whole or significant
part from waste, including, but not limited to, municipal solid
waste or waste described in section 11514 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.11514. Fuel
that meets the requirements of this subparagraph includes, but is
not limited to, material that is listed under 40 CFR 241.3(b) or
241.4(a) or for which a non-waste determination is made by the
United States environmental protection agency pursuant to 40 CFR
241.3(c).
(j) "Renewable energy resource" does not include pet coke.
(k) (j)
"Renewable energy
standard" means the minimum
renewable energy capacity portfolio, if applicable, and the
renewable energy credit portfolio required to be achieved under
section 27.
(l)
(k) "Renewable energy system" means a
facility, electricity
generation system, or set of electricity generation systems that
use 1 or more renewable energy resources to generate electricity or
steam. Renewable energy system does not include any of the
following:
(i) A hydroelectric pumped storage facility.
(ii) A hydroelectric facility that uses a dam constructed after
the
effective date of this act October
6, 2008 unless the dam is a
repair
or replacement of a dam in existence on the effective date
of
this act October 6, 2008 or an upgrade of a dam in existence on
the
effective date of this act October
6, 2008 that increases its
energy efficiency.
(iii) An incinerator unless the incinerator is a municipal solid
waste incinerator as defined in section 11504 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.11504. ,
that was brought into service before the effective
date
of this act, including any of the following:
(A)
Any upgrade of such an incinerator that increases energy
efficiency.
(B)
Any expansion of such an incinerator before the effective
date
of this act.
(C)
Any expansion of such an incinerator on or after the
effective
date of this act to an approximate design rated capacity
of
not more than 950 tons per day pursuant to the terms of a final
request
for proposals issued on or before October 1, 1986.
(m) (l) "Revenue
recovery mechanism" means the mechanism for
recovery of incremental costs of compliance established under
section 21.
Sec. 13. As used in this act:
(a) "Site" means a contiguous site, regardless of the number
of meters at that site. A site that would be contiguous but for the
presence of a street, road, or highway shall be considered to be
contiguous for the purposes of this subdivision.
(b) "Transmission line" means all structures, equipment, and
real property necessary to transfer electricity at system bulk
supply voltage of 100 kilovolts or more.
(c) "True net metering" means a utility billing method that
applies the full retail rate to the net of the bidirectional flow
of kilowatt hours across the customer interconnection with the
utility distribution system, during a billing period or time-of-use
pricing period. A negative net metered quantity during the billing
period or during each time-of-use pricing period within the billing
period reflects net excess generation for which the customer is
entitled to receive credit under section 177(4).
(d)
"Utility system resource cost test" means a standard that
is
met for an investment in energy optimization if, on a life cycle
basis,
the total avoided supply-side costs to the provider,
including
representative values for electricity or natural gas
supply,
transmission, distribution, and other associated costs, are
greater
than the total costs to the provider of administering and
delivering
the energy optimization program, including net costs for
any
provider incentives paid by customers and capitalized costs
recovered
under section 89.
(d) (e)
"Wind energy conversion
system" means a renewable
energy system that uses 1 or more wind turbines to generate
electricity and has a nameplate capacity of 100 kilowatts or more.
(e) (f)
"Wind energy resource
zone" or "wind zone" means an
area designated by the commission under section 147.
Sec. 21. (1) This section applies only to electric providers
whose rates are regulated by the commission.
(2) Each electric provider shall file a proposed renewable
energy plan with the commission within 90 days after the commission
issues
a temporary order under section 171. 191. The proposed plan
shall meet all of the following requirements:
(a) Describe how the electric provider will meet the renewable
energy standards.
(b) Specify whether the number of megawatt hours of
electricity used in the calculation of the renewable energy credit
portfolio will be weather-normalized or based on the average number
of megawatt hours of electricity sold by the electric provider
annually during the previous 3 years to retail customers in this
state. Once the plan is approved by the commission, this option
shall not be changed.
(c) Include the expected incremental cost of compliance with
the renewable energy standards for a 20-year period beginning when
the plan is approved by the commission.
(d) For an electric provider that had 1,000,000 or more retail
customers in this state on January 1, 2008, describe the bidding
process to be used by the electric provider under section 33. The
description shall include measures to be employed in the
preparation of requests for proposals and the handling and
evaluation of proposals received to ensure that any bidder that is
an affiliate of the electric utility is not afforded a competitive
advantage over any other bidder and that each bidder, including any
bidder that is an affiliate of the electric provider, is treated in
a fair and nondiscriminatory manner.
(3) The proposed plan shall establish a nonvolumetric
mechanism for the recovery of the incremental costs of compliance
within the electric provider's customer rates. The revenue recovery
mechanism shall not result in rate impacts that exceed the monthly
maximum retail rate impacts specified under section 45. The revenue
recovery mechanism is subject to adjustment under sections 47(4)
and 49. A customer participating in a commission-approved voluntary
renewable
energy program under an agreement in effect on the
effective
date of this act October 6,
2008 shall not incur charges
under
the revenue recovery mechanism unless except to the extent
that the charges under the revenue recovery mechanism exceed the
charges the customer is incurring for the voluntary renewable
energy
program. In that case, the customer shall only incur the
difference
between the charge assessed under the revenue recovery
mechanism
and the charges the customer is incurring for the
voluntary
renewable energy program. The
limitation on charges
applies only during the term of the agreement, not including
automatic
agreement renewals, or until 1 year after the effective
date
of this act, October 6, 2009,
whichever is later. Before
entering an agreement with a customer to participate in a
commission-approved voluntary renewable energy program and before
the last automatic monthly renewal of such an agreement that will
occur
less than 1 year after the effective date of this act, before
October 6, 2009, an electric provider shall notify the customer
that the customer will be responsible for the full applicable
charges under the revenue recovery mechanism and under the
voluntary renewable energy program as provided under this
subsection.
(4) If proposed by the electric provider in its proposed plan,
the revenue recovery mechanism shall result in an accumulation of
reserve funds in advance of expenditure and the creation of a
regulatory liability that accrues interest at the average short-
term borrowing rate available to the electric provider during the
appropriate period. If proposed by the electric provider in its
proposed plan, the commission shall establish a minimum balance of
accumulated reserve funds for the purposes of section 47(4).
(5) The commission shall conduct a contested case hearing on
the proposed plan filed under subsection (2), pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. If a renewable energy generator files a petition to
intervene in the contested case in the manner prescribed by the
commission's rules for interventions generally, the commission
shall grant the petition. Subject to subsections (6) and (10),
after the hearing and within 90 days after the proposed plan is
filed with the commission, the commission shall approve, with any
changes consented to by the electric provider, or reject the plan.
(6) The commission shall not approve an electric provider's
plan unless the commission determines both of the following:
(a) That the plan is reasonable and prudent. In making this
determination, the commission shall take into consideration
projected costs and whether or not projected costs included in
prior plans were exceeded.
(b) That the life-cycle cost of renewable energy acquired or
generated under the plan less the projected life-cycle net savings
associated with the provider's former energy optimization plan
approved under former section 73 does not exceed the expected life-
cycle cost of electricity generated by a new conventional coal-
fired
facility. In determining the expected life-cycle cost of
electricity
generated by a new conventional coal-fired facility,
making this determination, the commission shall consider data from
this state and the states of Ohio, Indiana, Illinois, Wisconsin,
and Minnesota, including, if applicable, the life-cycle costs of
the renewable energy system and new conventional coal-fired
facilities. When determining the life-cycle costs of the renewable
energy system and new conventional coal-fired facilities, the
commission shall use a methodology that includes, but is not
limited to, consideration of the value of energy, capacity, and
ancillary services. The commission shall also consider other costs
such as transmission, economic benefits, and environmental costs,
including, but not limited to, greenhouse gas constraints or taxes.
In performing its assessment, the commission may utilize other
available data, including national or regional reports and data
published by federal or state governmental agencies, industry
associations, and consumer groups.
(7) An electric provider shall not begin recovery of the
incremental costs of compliance within its rates until the
commission has approved its proposed plan.
(8) Every 2 years after initial approval of a plan under
subsection (5), the commission shall review the plan. The
commission shall conduct a contested case hearing on the plan
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328. The annual renewable cost reconciliation
under section 49 for that year may be joined with the overall plan
review in the same contested case hearing. Subject to subsections
(6) and (10), after the hearing, the commission shall approve, with
any changes consented to by the electric provider, or reject the
plan and any proposed amendments to the plan.
(9) If an electric provider proposes to amend its plan at a
time other than during the biennial review process under subsection
(8), the electric provider shall file the proposed amendment with
the commission. If the proposed amendment would modify the revenue
recovery mechanism, the commission shall conduct a contested case
hearing on the amendment pursuant to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328. The annual
renewable cost reconciliation under section 49 may be joined with
the plan amendment in the same contested case proceeding. Subject
to subsections (6) and (10), after the hearing and within 90 days
after the amendment is filed, the commission shall approve, with
any changes consented to by the electric provider, or reject the
plan and the proposed amendment or amendments to the plan.
(10) If the commission rejects a proposed plan or amendment
under this section, the commission shall explain in writing the
reasons for its determination.
Sec. 27. (1) Subject to sections 31 and 45, and in addition to
the requirements of subsection (3), an electric provider that is an
electric utility with 1,000,000 or more retail customers in this
state as of January 1, 2008 shall achieve a renewable energy
capacity portfolio of not less than the following:
(a) For an electric provider with more than 1,000,000 but less
than 2,000,000 retail electric customers in this state on January
1, 2008, a renewable energy capacity portfolio of 200 megawatts by
December 31, 2013 and 500 megawatts by December 31, 2015.
(b) For an electric provider with more than 2,000,000 retail
electric customers in this state on January 1, 2008, a renewable
energy capacity portfolio of 300 megawatts by December 31, 2013 and
600 megawatts by December 31, 2015.
(2) An electric provider's renewable energy capacity portfolio
shall be calculated by adding the following:
(a) The nameplate capacity in megawatts of renewable energy
systems owned by the electric provider that were not in commercial
operation
before the effective date of this act.October 6, 2008.
(b) The capacity in megawatts of renewable energy that the
electric provider is entitled to purchase under contracts that were
not
in effect before the effective date of this act.October 6,
2008.
(3) Subject to sections 31 and 45, an electric provider shall
achieve a renewable energy credit portfolio as follows:
(a) In 2012, 2013, 2014, and 2015, a renewable energy credit
portfolio based on the sum of the following:
(i) The number of renewable energy credits from electricity
generated
in the 1-year period preceding the effective date of this
act
October 6, 2008 that would have been transferred to the
electric provider pursuant to section 35(1), if this act had been
in effect during that 1-year period.
(ii) The number of renewable energy credits equal to the number
of megawatt hours of electricity produced or obtained by the
electric
provider in the 1-year period preceding the effective date
of
this act October 6, 2008 from renewable energy systems for which
recovery
in electric rates was approved on the effective date of
this
act.as of October 6, 2008.
(iii) Renewable energy credits in an amount calculated as
follows:
(A) Taking into account the number of renewable energy credits
under subparagraphs (i) and (ii), determine the number of additional
renewable energy credits that the electric provider would need to
reach a 10% renewable energy portfolio in that year.
(B) Multiply the number under sub-subparagraph (A) by 20% for
2012, 33% for 2013, 50% for 2014, and 100% for 2015.
(b) In 2016 and each year thereafter, maintain a renewable
energy credit portfolio that consists of at least the same number
of renewable energy credits as were required in 2015 under
subdivision (a).
(4) An electric provider's renewable energy credit portfolio
shall be calculated as follows:
(a) Determine the number of renewable energy credits used to
comply with this subpart during the applicable year.
(b) Divide by 1 of the following at the option of the electric
provider as specified in its renewable energy plan:
(i) The number of weather-normalized megawatt hours of
electricity sold by the electric provider during the previous year
to retail customers in this state.
(ii) The average number of megawatt hours of electricity sold
by the electric provider annually during the previous 3 years to
retail customers in this state.
(c) Multiply the quotient under subdivision (b) by 100.
(5) Subject to subsection (6), each electric provider shall
meet the renewable energy credit standards with renewable energy
credits obtained by 1 or more of the following means:
(a) Generating electricity from renewable energy systems for
sale to retail customers.
(b) Purchasing or otherwise acquiring renewable energy credits
with or without the associated renewable energy.
(6) An electric provider may substitute energy optimization
credits, advanced cleaner energy credits with or without the
associated advanced cleaner energy, or a combination thereof for
renewable energy credits otherwise required to meet the renewable
energy credit standards if the substitution is approved by the
commission. However, commission approval is not required to
substitute advanced cleaner energy from industrial cogeneration for
renewable energy credits. The commission shall not approve a
substitution unless the commission determines that the substitution
is cost-effective compared to other sources of renewable energy
credits and, if the substitution involves advanced cleaner energy
credits, that the advanced cleaner energy system provides carbon
dioxide emissions benefits. In determining whether the substitution
of advanced cleaner energy credits is cost-effective, the
commission shall include as part of the costs of the system the
environmental costs attributed to the advanced cleaner energy
system, including the costs of environmental control equipment or
greenhouse gas constraints or taxes. The commission's
determinations shall be made after a contested case hearing that
includes consultation with the department of environmental quality
on the issue of carbon dioxide emissions benefits, if relevant, and
environmental costs.
(7) Under subsection (6), energy optimization credits,
advanced cleaner energy credits, or a combination thereof shall not
be used by a provider to meet more than 10% of the renewable energy
credit standards. Advanced cleaner energy from advanced cleaner
energy systems in existence on January 1, 2008 shall not be used by
a provider to meet more than 70% of this 10% limit. This 10% limit
does not apply to advanced cleaner energy credits from plasma arc
gasification.
(8) Substitutions under subsection (6) shall be made at the
following rates per renewable energy credit:
(a) One energy optimization credit.
(b) One advanced cleaner energy credit from plasma arc
gasification or industrial cogeneration.
(c) Ten advanced cleaner energy credits other than from plasma
arc gasification or industrial cogeneration.
(9) When an energy optimization credit is substituted for a
renewable energy credit, the energy optimization credit expires.
The commission shall ensure that each energy optimization credit
substituted for a renewable energy credit is properly accounted
for. Any energy optimization credits outstanding on January 1, 2017
expire on that date.
Sec. 39. (1) Except as otherwise provided in section 35(1), 1
renewable energy credit shall be granted to the owner of a
renewable energy system for each megawatt hour of electricity
generated from the renewable energy system, subject to all of the
following:
(a) If a renewable energy system uses both a renewable energy
resource and a nonrenewable energy resource to generate electricity
or steam, the number of renewable energy credits granted shall be
based on the percentage of the electricity or steam, or both,
generated from the renewable energy resource.
(b)
A renewable energy credit shall not be granted for
renewable
energy generated from a municipal solid waste incinerator
to
the extent that the renewable energy was generated by operating
the
incinerator in excess of the greater of the following, as
applicable:
(i) The incinerator's nameplate capacity rating on
January 1,
2008.
(ii) If the incinerator is expanded after the effective
date of
this
act to an approximate continuous design rated capacity of not
more
than 950 tons per day pursuant to the terms of a final request
for
proposals issued not later than October 1986, the nameplate
capacity
rating required to accommodate that expansion.
(b) (c)
A renewable energy credit shall not
be granted for
renewable energy the renewable attributes of which are used by an
electric provider in a commission-approved voluntary renewable
energy program.
(2)
Subject to subsection (3), the The
following additional
renewable energy credits, to be known as Michigan incentive
renewable energy credits, shall be granted under the following
circumstances:
(a) 2 renewable energy credits for each megawatt hour of
electricity from solar power.
(b) 1/5 renewable energy credit for each megawatt hour of
electricity generated from a renewable energy system, other than
wind, at peak demand time as determined by the commission.
(c) 1/5 renewable energy credit for each megawatt hour of
electricity generated from a renewable energy system during off-
peak hours, stored using advanced electric storage technology or a
hydroelectric pumped storage facility, and used during peak hours.
However, the number of renewable energy credits shall be calculated
based on the number of megawatt hours of renewable energy used to
charge the advanced electric storage technology or fill the pumped
storage facility, not the number of megawatt hours actually
discharged or generated by discharge from the advanced energy
storage facility or pumped storage facility.
(d)
1/10 renewable energy credit for each megawatt hour of
electricity
generated from a renewable energy system constructed
using
equipment made in this state as determined by the commission.
The
additional credit under this subdivision is available for the
first
3 years after the renewable energy system first produces
electricity
on a commercial basis.
(e)
1/10 renewable energy credit for each megawatt hour of
electricity
from a renewable energy system constructed using a
workforce
composed of residents of this state as determined by the
commission.
The additional credit under this subdivision is
available
for the first 3 years after the renewable energy system
first
produces electricity on a commercial basis.
(3) A renewable energy credit expires at the earliest of the
following times:
(a) When used by an electric provider to comply with its
renewable energy credit standard.
(b)
When substituted for an energy optimization credit under
section
77.
(b) (c)
Three years after the end of the
month in which the
renewable energy credit was generated.
(4) A renewable energy credit associated with renewable energy
generated within 120 days after the start of a calendar year may be
used to satisfy the prior year's renewable energy standard and
expires when so used.
Sec. 43. (1) One advanced cleaner energy credit shall be
granted to the owner of an advanced cleaner energy system for each
megawatt hour of electricity generated from the advanced cleaner
energy system. However, if an advanced cleaner energy system uses
both an advanced cleaner energy technology and an energy technology
that is not an advanced cleaner energy technology to generate
electricity, the number of advanced cleaner energy credits granted
shall be based on the percentage of the electricity generated from
the advanced cleaner energy technology. If a facility or system,
such as a gasification facility using biomass as feedstock,
qualifies as both an advanced cleaner energy system and a renewable
energy system, at the owner's option, either an advanced cleaner
energy credit or a renewable energy credit, but not both, may be
granted for any given megawatt hour of electricity generated by the
facility or system.
(2) An advanced cleaner energy credit expires at the earliest
of the following times:
(a) When substituted for a renewable energy credit under
section
27. or an energy optimization credit under section 77.
(b) 3 years after the end of the month in which the advanced
cleaner energy credit was generated.
(3) Advanced cleaner energy credits may be traded, sold, or
otherwise transferred.
(4) The commission shall establish an advanced cleaner energy
credit certification and tracking program. The certification and
tracking program may be contracted to and performed by a third
party through a system of competitive bidding. The program shall
include all of the following:
(a) A process to certify advanced cleaner energy systems,
including
all existing advanced cleaner energy systems operating on
the
effective date of this act, October
6, 2008, as eligible to
receive advanced cleaner energy credits.
(b) A process for verifying that the operator of an advanced
cleaner energy system is in compliance with state and federal law
applicable to the operation of the advanced cleaner energy system
when certification is granted. If an advanced cleaner energy system
becomes noncompliant with state or federal law, advanced cleaner
energy credits shall not be granted for advanced cleaner energy
generated by that advanced cleaner energy system during the period
of noncompliance.
(c) A method for determining the date on which an advanced
cleaner energy credit is generated and valid for transfer.
(d) A method for transferring advanced cleaner energy credits.
(e) A method for ensuring that each advanced cleaner energy
credit transferred is properly accounted for.
(f) Allowance for issuance, transfer, and use of advanced
cleaner energy credits in electronic form.
(g) A method for ensuring that both a renewable energy credit
and an advanced cleaner energy credit are not awarded for the same
megawatt hour of electricity.
(5) An advanced cleaner energy credit purchased from an
advanced cleaner energy system in this state is not required to be
used in this state.
Sec. 45. (1) For an electric provider whose rates are
regulated by the commission, the commission shall determine the
appropriate charges for the electric provider's tariffs that permit
recovery of the incremental cost of compliance subject to the
retail rate impact limits set forth in subsection (2).
(2) An electric provider shall recover the incremental cost of
compliance with the renewable energy standards by an itemized
charge on the customer's bill for billing periods beginning not
earlier than 90 days after the commission approves the electric
provider's renewable energy plan under section 21 or 23 or
determines under section 25 that the plan complies with this act.
An electric provider shall not comply with the renewable energy
standards to the extent that, as determined by the commission,
recovery of the incremental cost of compliance will have a retail
rate impact that exceeds any of the following:
(a) $3.00 per month per residential customer meter.
(b) $16.58 per month per commercial secondary customer meter.
(c) $187.50 per month per commercial primary or industrial
customer meter.
(3) The retail rate impact limits of subsection (2) apply only
to the incremental costs of compliance and do not apply to costs
approved for recovery by the commission other than as provided in
this act.
(4) The incremental cost of compliance shall be calculated for
a 20-year period beginning with approval of the renewable energy
plan and shall be recovered on a levelized basis.
(5) In its billing statements for a residential customer, each
provider shall report to the residential customer all of the
following in a format consistent with other information on the
customer bill:
(a) An itemized monthly charge, expressed in dollars and
cents, collected from the customer for implementing the renewable
energy program requirements of this act. In the first bill issued
after the close of the previous year, an electric provider shall
notify each residential customer that the customer may be entitled
to an income tax credit to offset some of the annual amounts
collected for the renewable energy program.
(b)
An itemized monthly charge, expressed in dollars and
cents,
collected from the customer for implementing the energy
optimization
program requirements of this act.
(c)
An estimated monthly savings, expressed in dollars and
cents,
for that customer to reflect the reductions in the monthly
energy
bill produced by the energy optimization program under this
act.
(b) (d)
An estimated monthly savings,
expressed in dollars and
cents, for that customer to reflect the long-term, life-cycle,
levelized costs of building and operating new conventional coal-
fired electric generating power plants avoided under this act as
determined by the commission.
(c) (e)
The website address at which the
commission's annual
report under section 51 is posted.
(6) For the first year of the programs under this part, the
values reported under subsection (5) shall be estimates by the
commission. The values in following years shall be based on the
provider's
actual customer experiences. If the provider is unable
to
provide customer-specific information under subsection (5)(b) or
(c),
it shall instead specify the state average itemized charge or
savings,
as applicable, for residential customers. The provider
shall
make this calculation based on a method approved by the
commission.
(7) In determining long-term, life-cycle, levelized costs of
building and operating and acquiring nonrenewable electric
generating capacity and energy for the purpose of subsection
(5)(d),
(5)(b), the commission shall consider historic and
predicted costs of financing, construction, operation, maintenance,
fuel supplies, environmental protection, and other appropriate
elements of energy production. For purposes of this comparison, the
capacity of avoided new conventional coal-fired electric generating
facilities shall be expressed in megawatts and avoided new
conventional coal-fired electricity generation shall be expressed
in megawatt hours. Avoided costs shall be measured in cents per
kilowatt hour.
Sec. 89. (1) The commission shall allow a provider whose rates
are regulated by the commission to recover the actual costs of
implementing its approved energy optimization plan incurred before
January 1, 2016. However, costs exceeding the overall funding
levels specified in the energy optimization plan are not
recoverable unless those costs are reasonable and prudent and meet
the utility system resource cost test. Furthermore, costs for load
management undertaken pursuant to an energy optimization plan are
not recoverable as energy optimization program costs under this
section, but may be recovered as described in section 95.
(2) Under subsection (1), costs shall be recovered from all
natural gas customers and from residential electric customers by
volumetric charges, from all other metered electric customers by
per-meter charges, and from unmetered electric customers by an
appropriate charge, applied to utility bills as an itemized charge.
(3) For the electric primary customer rate class customers of
electric providers and customers of natural gas providers with an
aggregate annual natural gas billing demand of more than 100,000
decatherms or equivalent MCFs for all sites in the natural gas
utility's service territory, the cost recovery under subsection (1)
shall not exceed 1.7% of total retail sales revenue for that
customer class. For electric secondary customers and for
residential customers, the cost recovery shall not exceed 2.2% of
total retail sales revenue for those customer classes.
(4) Upon petition by a provider whose rates are regulated by
the commission, the commission shall authorize the provider to
capitalize all energy efficiency and energy conservation equipment,
materials, and installation costs with an expected economic life
greater than 1 year incurred in implementing its energy
optimization plan, including such costs paid to third parties, such
as customer rebates and customer incentives. The provider shall
also propose depreciation treatment with respect to its capitalized
costs in its energy optimization plan, and the commission shall
order reasonable depreciation treatment related to these
capitalized costs. A provider shall not capitalize payments made to
an independent energy optimization program administrator under
section 91.
(5) The established funding level for low income residential
programs shall be provided from each customer rate class in
proportion to that customer rate class's funding of the provider's
total energy optimization programs. Charges shall be applied to
distribution customers regardless of the source of their
electricity or natural gas supply.
(6) The commission shall authorize a natural gas provider that
spends a minimum of 0.5% of total natural gas retail sales
revenues, including natural gas commodity costs, in a year on
commission-approved energy optimization programs to implement a
symmetrical revenue decoupling true-up mechanism that adjusts for
sales volumes that are above or below the projected levels that
were used to determine the revenue requirement authorized in the
natural gas provider's most recent rate case. In determining the
symmetrical revenue decoupling true-up mechanism utilized for each
provider, the commission shall give deference to the proposed
mechanism submitted by the provider. The commission may approve an
alternative mechanism if the commission determines that the
alternative mechanism is reasonable and prudent. The commission
shall authorize the natural gas provider to decouple rates
regardless of whether the natural gas provider's energy
optimization programs are administered by the provider or an
independent energy optimization program administrator under section
91.
(7) A natural gas provider or an electric provider shall not
spend more than the following percentage of total utility retail
sales revenues, including electricity or natural gas commodity
costs, in any year to comply with the energy optimization
performance standard without specific approval from the commission:
(a) In 2009, 0.75% of total retail sales revenues for 2007.
(b) In 2010, 1.0% of total retail sales revenues for 2008.
(c) In 2011, 1.5% of total retail sales revenues for 2009.
(d)
In 2012, and each year thereafter, 2013, 2014, and 2015,
2.0% of total retail sales revenues for the 2 years preceding.
Sec.
91. (1) Except for section 89(6), sections 71 to 87 and
89 do not apply to a provider that pays the following percentage of
total utility sales revenues, including electricity or natural gas
commodity costs, each year to an independent energy optimization
program administrator selected by the commission:
(a) In 2009, 0.75% of total retail sales revenues for 2007.
(b) In 2010, 1.0% of total retail sales revenues for 2008.
(c) In 2011, 1.5% of total retail sales revenues for 2009.
(d)
In 2012, and each year thereafter, 2013, 2014, and 2015,
2.0% of total retail sales revenues for the 2 years preceding that
year.
(2) An alternative compliance payment received from a provider
by the energy optimization program administrator under subsection
(1) shall be used to administer energy efficiency programs for the
provider. Money unspent in a year shall be carried forward to be
spent in the subsequent year.
(3) The commission shall allow a provider to recover an
alternative compliance payment under subsection (1). This cost
shall be recovered from residential customers by volumetric
charges, from all other metered customers by per-meter charges, and
from unmetered customers by an appropriate charge, applied to
utility bills.
(4) An alternative compliance payment under subsection (1)
shall only be used to fund energy optimization programs for that
provider's customers. To the extent feasible, charges collected
from a particular customer rate class and paid to the energy
optimization program administrator under subsection (1) shall be
devoted to energy optimization programs and services for that rate
class.
(5) Money paid to the energy optimization program
administrator under subsection (1) and not spent by the
administrator that year shall remain available for expenditure the
following year, subject to the requirements of subsection (4).
(6) The commission shall select a qualified nonprofit
organization to serve as an energy optimization program
administrator under this section, through a competitive bid
process.
(7) The commission shall arrange for a biennial independent
audit of the energy optimization program administrator.
Sec. 93. (1) An eligible electric customer is exempt from
charges the customer would otherwise incur as an electric customer
under section 89 or 91 if the customer files with its electric
provider and implements through December 31, 2015 a self-directed
energy optimization plan as provided in this section.
(2) Subject to subsection (3), an electric customer is not
eligible under subsection (1) unless it is a commercial or
industrial electric customer and meets all of the following
requirements:
(a) In 2009 or 2010, the customer must have had an annual peak
demand in the preceding year of at least 2 megawatts at each site
to be covered by the self-directed plan or 10 megawatts in the
aggregate at all sites to be covered by the plan.
(b) In 2011, 2012, or 2013, the customer or customers must
have had an annual peak demand in the preceding year of at least 1
megawatt at each site to be covered by the self-directed plan or 5
megawatts in the aggregate at all sites to be covered by the plan.
(c) In 2014 or any year thereafter, the customer or customers
must have had an annual peak demand in the preceding year of at
least 1 megawatt in the aggregate at all sites to be covered by the
self-directed plan.
(3) The eligibility requirements of subsection (2) do not
apply to a commercial or industrial customer that installs or
modifies an electric energy efficiency improvement under a property
assessed clean energy program pursuant to the property assessed
clean energy act, 2010 PA 270, MCL 460.931 to 460.949.
(4) The commission shall by order establish the rates, terms,
and conditions of service for customers related to this subpart.
(5) The commission shall by order do all of the following:
(a) Require a customer to utilize the services of an energy
optimization service company to develop and implement a self-
directed plan. This subdivision does not apply to a customer that
had an annual peak demand in the preceding year of at least 2
megawatts at each site to be covered by the self-directed plan or
10 megawatts in the aggregate at all sites to be covered by the
self-directed plan.
(b) Provide a mechanism to recover from customers under
subdivision (a) the costs for provider level review and evaluation.
(c) Provide a mechanism to cover the costs of the low income
energy optimization program under section 89.
(6) All of the following apply to a self-directed energy
optimization plan under subsection (1):
(a) The self-directed plan shall be a multiyear plan for an
ongoing energy optimization program.
(b) The self-directed plan shall provide for aggregate energy
savings that each year meet or exceed the energy optimization
standards based on the electricity purchases in the previous year
for the site or sites covered by the self-directed plan.
(c) Under the self-directed plan, energy optimization shall be
calculated based on annual electricity usage. Annual electricity
usage shall be normalized so that none of the following are
included in the calculation of the percentage of incremental energy
savings:
(i) Changes in electricity usage because of changes in business
activity levels not attributable to energy optimization.
(ii) Changes in electricity usage because of the installation,
operation, or testing of pollution control equipment.
(d) The self-directed plan shall specify whether electricity
usage will be weather-normalized or based on the average number of
megawatt hours of electricity sold by the electric provider
annually during the previous 3 years to retail customers in this
state. Once the self-directed plan is submitted to the provider,
this option shall not be changed.
(e) The self-directed plan shall outline how the customer
intends to achieve the incremental energy savings specified in the
self-directed plan.
(7) A self-directed energy optimization plan shall be
incorporated into the relevant electric provider's energy
optimization plan. The self-directed plan and information submitted
by
the customer under subsection (10) (9) are confidential and
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246. Projected energy savings from
measures implemented under a self-directed plan shall be attributed
to the relevant provider's energy optimization programs for the
purposes of determining annual incremental energy savings achieved
by
the provider. under section 77 or 81, as applicable.
(8) Once a customer begins to implement a self-directed plan
at a site covered by the self-directed plan, that site is exempt
from energy optimization program charges under section 89 or 91 and
is not eligible to participate in the relevant electric provider's
energy optimization programs.
(9) A customer implementing a self-directed energy
optimization plan under this section shall annually submit to the
customer's electric provider a brief report documenting the energy
efficiency measures taken under the self-directed plan during the
previous year, and the corresponding energy savings that will
result. The report shall provide sufficient information for the
provider and the commission to monitor progress toward the goals in
the self-directed plan and to develop reliable estimates of the
energy savings that are being achieved from self-directed plans.
The customer report shall indicate the level of incremental energy
savings achieved for the year covered by the report and whether
that level of incremental energy savings meets the goal set forth
in the customer's self-directed plan. If a customer submitting a
report under this subsection wishes to amend its self-directed
plan, the customer shall submit with the report an amended self-
directed plan. A report under this subsection shall be accompanied
by an affidavit from a knowledgeable official of the customer that
the information in the report is true and correct to the best of
the official's knowledge and belief. If the customer has retained
an independent energy optimization service company, the
requirements of this subsection shall be met by the energy
optimization service company.
(10) An electric provider shall provide an annual report to
the commission that identifies customers implementing self-directed
energy optimization plans and summarizes the results achieved
cumulatively under those self-directed plans. The commission may
request additional information from the electric provider. If the
commission has sufficient reason to believe the information is
inaccurate or incomplete, it may request additional information
from the customer to ensure accuracy of the report.
(11) If the commission determines after a contested case
hearing that the minimum energy optimization goals under subsection
(6)(b) have not been achieved at the sites covered by a self-
directed plan, in aggregate, the commission shall order the
customer or customers collectively to pay to this state an amount
calculated as follows:
(a) Determine the proportion of the shortfall in achieving the
minimum energy optimization goals under subsection (6)(b).
(b) Multiply the figure under subdivision (a) by the energy
optimization charges from which the customer or customers
collectively were exempt under subsection (1).
(c) Multiply the product under subdivision (b) by a number not
less than 1 or greater than 2, as determined by the commission
based on the reasons for failure to meet the minimum energy
optimization goals.
(12) If a customer has submitted a self-directed plan to an
electric provider, the customer, the customer's energy optimization
service company, if applicable, or the electric provider shall
provide a copy of the self-directed plan to the commission upon
request.
(13) By September 1, 2010, following a public hearing, the
commission shall establish an approval process for energy
optimization service companies. The approval process shall ensure
that energy optimization service companies have the expertise,
resources, and business practices to reliably provide energy
optimization services that meet the requirements of this section.
The commission may adopt by reference the past or current standards
of a national or regional certification or licensing program for
energy optimization service companies. However, the approval
process shall also provide an opportunity for energy optimization
service companies that are not recognized by such a program to be
approved by posting a bond in an amount determined by the
commission and meeting any other requirements adopted by the
commission for the purposes of this subsection. The approval
process for energy optimization service companies shall require
adherence to a code of conduct governing the relationship between
energy optimization service companies and electric providers.
(14)
The department of energy, labor, and economic growth
licensing and regulatory affairs shall maintain on the department's
website a list of energy optimization service companies approved
under subsection (13).
Sec. 95. (1) The commission shall do all of the following:
(a) Promote load management in appropriate circumstances.
(b) Actively pursue increasing public awareness of load
management techniques.
(c) Engage in regional load management efforts to reduce the
annual demand for energy whenever possible.
(d) Work with residential, commercial, and industrial
customers to reduce annual demand and conserve energy through load
management techniques and other activities it considers
appropriate. The commission shall file a report with the
legislature by December 31, 2010 on the effort to reduce peak
demand. The report shall also include any recommendations for
legislative action concerning load management that the commission
considers necessary.
(2) The commission may allow a provider whose rates are
regulated by the commission to recover costs for load management
undertaken before January 1, 2016 pursuant to an energy
optimization plan through base rates as part of a proceeding under
section 6 of 1939 PA 3, MCL 460.6, if the costs are reasonable and
prudent and meet the utility systems resource cost test.
(3) The commission shall do all of the following:
(a) Promote energy efficiency and energy conservation.
(b) Actively pursue increasing public awareness of energy
conservation and energy efficiency.
(c) Actively engage in energy conservation and energy
efficiency efforts with providers.
(d) Engage in regional efforts to reduce demand for energy
through energy conservation and energy efficiency.
(e) By November 30, 2009, and each year thereafter, submit to
the standing committees of the senate and house of representatives
with primary responsibility for energy and environmental issues a
report on the effort to implement energy conservation and energy
efficiency programs or measures. The report may include any
recommendations of the commission for energy conservation
legislation.
(4) This subpart does not limit the authority of the
commission, following an integrated resource plan proceeding and as
part of a rate-making process, to allow a provider whose rates are
regulated
by the commission to recover for additional prudent
energy
efficiency and energy conservation measures. not included in
the
provider's energy optimization plan if the provider has met the
requirements
of the energy optimization program.
Enacting section 1. (1) Sections 1, 3, 7, 9, 11, and 39 of the
clean, renewable, and efficient energy act, 2008 PA 295, MCL
460.1001, 460.1003, 460.1007, 460.1009, 460.1011, and 460.1039, as
amended by this amendatory act, take effect 90 days after the date
this amendatory act is enacted into law. Section 29 of the clean,
renewable, and efficient energy act, 2008 PA 295, MCL 460.1029, is
repealed effective 90 days after the date this amendatory act is
enacted into law.
(2) Sections 21, 27, 43, 89, 91, 93, and 95 of the clean,
renewable, and efficient energy act, 2008 PA 295, MCL 460.1021,
460.1027, 460.1043, 460.1089, 460.1091, 460.1093, and 460.1095, as
amended by this amendatory act, take effect January 1, 2016.
Sections 71 to 87 and 97 of the clean, renewable, and efficient
energy act, 2008 PA 295, MCL 460.1071 to 460.1087 and 460.1097, are
repealed effective January 1, 2016.
(3) Sections 5, 13, and 45 of the clean, renewable, and
efficient energy act, 2008 PA 295, MCL 460.1005, 460.1013, and
460.1045, as amended by this amendatory act, take effect January 1,
2017. Sections 89, 91, and 93 of the clean, renewable, and
efficient energy act, 2008 PA 295, MCL 460.1089, 460.1091, and
460.1093, are repealed effective January 1, 2017.