4 Colo. Code Regs. § 723-3-3655
Current through Register Vol. 47, No. 20, October 25, 2024
Section 4 CCR 723-3-3655 - Renewable Distributed Generation(a) In conjunction with the RES set forth in paragraph 3654(a), each investor owned QRU shall generate or cause to be generated (through purchase or by providing rebates or other form of incentive) renewable distributed generation in the following minimum amounts, unless the Commission amends such minimum amounts under paragraph 3655(c):(I) one and three-fourths percent of its retail electricity sales in Colorado for each of the compliance years 2015 through 2016;(II) two percent of its retail electricity sales in Colorado for each of the compliance years 2017 through 2019; and(III) three percent of its retail electricity sales in Colorado for each of the compliance years beginning in 2020 and continuing thereafter.(b) Of the amounts of renewable distributed generation set forth in paragraph 3655(a), at least one-half shall be derived from retail renewable distributed generation unless modified by the Commission under paragraph 3655(c).(c) The Commission may change the minimum amounts of retail renewable distributed generation and wholesale renewable distributed generation set forth in paragraphs 3655(a) and (b) pursuant to a filing under paragraph 3657(a). The Commission may reduce the minimum amounts of retail renewable distributed generation and wholesale renewable distributed generation set forth in paragraphs 3655(a) and (b) for effect after December 31, 2014 upon finding that those minimum amounts are no longer in the public interest. In the event that the Commission finds that the public interest requires an increase in such minimum amounts after December 31, 2014, the Commission shall report such findings to the Colorado General Assembly.(d) The investor owned QRU may propose in a compliance plan filing under rule 3657, or by a separate application, that the Commission reduce the percentages set forth in paragraph 3655(a) and (b).(e) Renewable energy credits associated with retail renewable distributed generation and wholesale renewable distributed generation will be used to comply with the renewable distributed generation requirements as set forth in this rule 3655. Eligible energy and RECs produced by renewable distributed generation shall be governed by rules 3654 and 3659, unless otherwise exempt from those provisions.(f) In a final decision concerning the investor owned QRU's compliance plan, as between residential and nonresidential retail renewable distributed generation, the Commission shall direct the investor owned QRU to allocate its expenditures for the acquisition of retail renewable distributed generation according to the proportion of RESA revenues derived from each of these customer groups; except that the investor owned QRU may acquire retail renewable distribution generation at levels that differ from these group allocations based upon market response to the QRU's programs.(g) RECs generated from CSGs shall not be used to achieve more than 20 percent of the retail renewable distributed generation requirements as set forth in paragraph 3655(a) for compliance years 2011, 2012, and 2013.(h) In conjunction with the RES set forth in subparagraph 3654(b)(IV), each cooperative electric association QRU that serves 10,000 or more meters but less than 100,000 meters shall generate or cause to be generated renewable distributed generation in amounts that are at least one percent of its retail electricity sales in Colorado for each of the compliance years beginning in 2020 and continuing thereafter. At least one-half of the renewable distributed generation shall be derived from retail renewable distributed generation.(i) In conjunction with the RES set forth in subparagraph 3654(b)(IV), each cooperative electric association QRU that serves fewer than 10,000 meters may generate or cause to be generated renewable distributed generation in amounts that are at least three-fourths percent of its retail electricity sales in Colorado for each of the compliance years beginning in 2020 and continuing thereafter. At least one-half of the renewable distributed generation shall be derived from retail renewable distributed generation.(j) In conjunction with the RES set forth in paragraph 3654(c), each cooperative electric association QRU that serves 100,000 or more meters shall generate or cause to be generated renewable distributed generation in amounts that are at least one percent of its retail electricity sales in Colorado for each of the compliance years beginning in 2020 and continuing thereafter. At least one-half of the renewable distributed generation shall be derived from retail renewable distributed generation. (k) For the purposes of a cooperative electric association QRU's compliance with paragraphs 3655(h), 3665(i), and 3655(j), a cooperative electric association QRU may subtract industrial retail sales from total retail sales in calculating its minimum retail renewable distributed generation requirement.(l) For the purposes of a cooperative electric association QRU's compliance with paragraphs 3655(h), 3655(i), and 3655(j), an electric generation facility constitutes retail renewable distributed generation if it: is a renewable energy resource; has a nameplate rating of two MW or less; is located within the service territory of the cooperative electric association; generates electricity for the beneficial use of subscribers who are members of the cooperative electric association; and has at least four subscribers if the facility has a nameplate rating of 50 KW or less and at least ten subscribers if the facility has a nameplate rating of more than 50 kW. A subscriber's share of the production from the facility may not exceed 120 percent of the subscriber's average annual electricity consumption at the premise to which the subscription is attributed. Each cooperative electric association may establish, in the manner it deems appropriate, the requirements and terms associated with the electric generation facilities: subscriber; subscription; pricing, including consideration of low-income members; metering; accounting; REC ownership; and other requirements and terms.(m) Notwithstanding that rule 3665 does not apply to cooperative electric associations, a community solar garden constitutes retail renewable distributed generation for the purposes of a cooperative electric association QRU's compliance with paragraphs 3655(h), 3655(i), and 3655(j).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