December 2, 2014, Introduced by Rep. Nesbitt and referred to the Committee on Energy and Technology.
A bill to amend 2008 PA 295, entitled
"Clean, renewable, and efficient energy act,"
by amending sections 5 and 11 (MCL 460.1005 and 460.1011).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 any of the following:
(i) 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.
(ii) A decrease in the total amount of electricity or
nonnatural gas consumed for an end use or end uses achieved through
measures such as geothermal, including ground source, reclaimed
water, or groundwater.
(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
approved
under section 71.73.
(i) "Energy optimization standard" means the minimum energy
savings required to be achieved under section 77.
(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.
(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. 11. As used in this act:
(a) "Renewable energy" means electricity 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" 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 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 by a geothermal heat pump.
(vii) (vi) Municipal
solid waste.
(viii) (vii) Landfill
gas produced by municipal solid waste.
(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.
(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.
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, October 6, 2008, 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.October 6, 2008.
(C)
Any expansion of such an incinerator on or after the
effective
date of this act October 6,
2008 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.
(l) "Revenue recovery mechanism" means the mechanism for
recovery of incremental costs of compliance established under
section 21.