SENATE BILL No. 297

 

 

April 23, 2015, Introduced by Senators HOPGOOD, KNEZEK, ANANICH, SMITH, HERTEL, WARREN, YOUNG, HOOD, JOHNSON, GREGORY and BIEDA 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 7, 11, 37, 45, and 47 (MCL 460.1007, 460.1011,

 

460.1037, 460.1045, and 460.1047); and to repeal acts and parts of

 

acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. As used in this act:

 

     (a) "Gasification facility" means a facility located in this

 

state that, uses using a thermochemical process that does not

 

involve direct combustion, to produce produces 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.

 

     (b) (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.

 

     (c) (d) "Industrial cogeneration facility" means a facility

 

that generates electricity using industrial thermal energy or

 

industrial waste energy.

 

     (d) (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.

 

     (e) (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.

 

     (f) (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.

 

     (g) (h) "LEED" means the leadership in energy and

 

environmental design green building rating system developed by the

 

United States green building council.

 

     (h) (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.

 

     (i) (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). 177. 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. 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 the certification and tracking program under 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 credit 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) Municipal solid waste.

 

     (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.

 

     Sec. 37. If, after the effective date of this act, October 6,

 

2008, an electric provider whose rates are regulated by the

 

commission enters a renewable energy contract or a contract to

 

purchase renewable energy credits without the associated renewable


energy, the commission shall determine whether the contract

 

provides reasonable and prudent terms and conditions. and complies

 

with the retail rate impact limits under section 45. In making this

 

determination, the commission shall consider the contract price and

 

term. If the contract is a renewable energy contract, the

 

commission shall also consider at least all of the following:

 

     (a) The cost to the electric provider and its customers of the

 

impacts of accounting treatment of debt and associated equity

 

requirements imputed by credit rating agencies and lenders

 

attributable to the renewable energy contract. The commission shall

 

use standard rating agency, lender, and accounting practices for

 

electric utilities in determining these costs, unless the impacts

 

for the electric provider are known.

 

     (b) Subject to section 45, the The life-cycle cost of the

 

renewable energy contract to the electric provider and customers

 

including costs, after expiration of the renewable energy contract,

 

of maintaining the same renewable energy output in megawatt hours,

 

whether by purchases from the marketplace, by extension or renewal

 

of the renewable energy contract, or by the electric provider

 

purchasing the renewable energy system and continuing its

 

operation.

 

     (c) Electric provider and customer price and cost risks if the

 

renewable energy systems supporting the renewable energy contract

 

move from contracted pricing to market-based pricing after

 

expiration of the renewable energy contract.

 

     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.

 

     (1) (5) In its billing statements for a residential customer,

 

each electric 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.

 

     (a) (b) An itemized monthly charge, expressed in dollars and

 

cents, collected from the customer for implementing the energy

 

optimization program requirements of this act.

 

     (b) (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.

 

     (c) (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

 

subpart B of this part as determined by the commission.

 

     (d) (e) The website address at which the commission's annual

 

report under section 51 is posted.

 

     (2) (6) For the first year of the programs under this part,

 

the The values reported under subsection (5) (1) shall be estimates

 

by the commission. The values in following years shall be based on

 

the electric provider's actual customer experiences. If the

 

electric provider is unable to provide customer-specific


information under subsection (5)(b) or (c), (1)(a) or (b), it shall

 

instead specify the state average itemized charge or savings, as

 

applicable, for residential customers. The electric provider shall

 

make this calculation based on a method approved by the commission.

 

     (3) (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), (1)(c), 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. 47. (1) Subject to the retail rate impact limits under

 

section 45, the The commission shall consider all actual costs

 

reasonably and prudently incurred in good faith to implement a

 

commission-approved renewable energy plan by an electric provider

 

whose rates are regulated by the commission to be a cost of service

 

to be recovered by the electric provider from the electric

 

provider's customer rates established under 1939 PA 3, MCL 460.1 to

 

460.11, but only to the extent the costs do not exceed

 

representative applicable costs for electricity supply,

 

transmission, distribution, and other associated services. Subject

 

to the retail rate impact limits under section 45, an electric


provider whose rates are regulated by the commission shall recover

 

through its retail electric rates all of the electric provider's

 

incremental costs of compliance during the 20-year period beginning

 

when the electric provider's plan is approved by the commission and

 

all reasonable and prudent ongoing costs of compliance during and

 

after that period. The recovery shall include, but is not limited

 

to, the electric provider's authorized rate of return on equity for

 

costs approved under this section, which shall remain fixed at the

 

rate of return and debt to equity ratio that was in effect in the

 

electric provider's base rates when the electric provider's

 

renewable energy plan was approved.

 

     (2) Incremental costs of compliance shall be calculated as

 

follows:

 

     (a) Determine the sum of the following costs to the extent

 

those costs are reasonable and prudent and not already approved for

 

recovery in electric rates as of the effective date of this act:

 

     (i) Capital, operating, and maintenance costs of renewable

 

energy systems or advanced cleaner energy systems, including

 

property taxes, insurance, and return on equity associated with an

 

electric provider's renewable energy systems or advanced cleaner

 

energy systems, including the electric provider's renewable energy

 

portfolio established to achieve compliance with the renewable

 

energy standards and any additional renewable energy systems or

 

advanced cleaner energy systems, that are built or acquired by the

 

electric provider to maintain compliance with the renewable energy

 

standards during the 20-year period beginning when the electric

 

provider's plan is approved by the commission.


     (ii) Financing costs attributable to capital, operating, and

 

maintenance costs of capital facilities associated with renewable

 

energy systems or advanced cleaner energy systems used to meet the

 

renewable energy standard.

 

     (iii) Costs that are not otherwise recoverable in rates

 

approved by the federal energy regulatory commission and that are

 

related to the infrastructure required to bring renewable energy

 

systems or advanced cleaner energy systems used to achieve

 

compliance with the renewable energy standards on to the

 

transmission system, including interconnection and substation costs

 

for renewable energy systems or advanced cleaner energy systems

 

used to meet the renewable energy standard.

 

     (iv) Ancillary service costs determined by the commission to

 

be necessarily incurred to ensure the quality and reliability of

 

renewable energy or advanced cleaner energy used to meet the

 

renewable energy standards, regardless of the ownership of a

 

renewable energy system or advanced cleaner energy technology.

 

     (v) Except to the extent the costs are allocated under a

 

different subparagraph, all of the following:

 

     (A) The costs of renewable energy credits purchased under this

 

act.

 

     (B) The costs of contracts described in section 33(1).

 

     (vi) Expenses incurred as a result of state or federal

 

governmental actions related to renewable energy systems or

 

advanced cleaner energy systems attributable to the renewable

 

energy standards, including changes in tax or other law.

 

     (vii) Any additional electric provider costs determined by the


commission to be necessarily incurred to ensure the quality and

 

reliability of renewable energy or advanced cleaner energy used to

 

meet the renewable energy standards.

 

     (b) Subtract from the sum of costs not already included in

 

electric rates determined under subdivision (a) the sum of the

 

following revenues:

 

     (i) Revenue derived from the sale of environmental attributes

 

associated with the generation of renewable energy or advanced

 

cleaner energy systems attributable to the renewable energy

 

standards. Such revenue shall not be considered in determining

 

power supply cost recovery factors under section 6j of 1939 PA 3,

 

MCL 460.6j.

 

     (ii) Interest on regulatory liabilities.

 

     (iii) Tax credits specifically designed to promote renewable

 

energy or advanced cleaner energy.

 

     (iv) Revenue derived from the provision of renewable energy or

 

advanced cleaner energy to retail electric customers subject to a

 

power supply cost recovery clause under section 6j of 1939 PA 3,

 

MCL 460.6j, of an electric provider whose rates are regulated by

 

the commission. After providing an opportunity for a contested case

 

hearing for an electric provider whose rates are regulated by the

 

commission, the commission shall annually establish a price per

 

megawatt hour. In addition, an electric provider whose rates are

 

regulated by the commission may at any time petition the commission

 

to revise the price. In setting the price per megawatt hour under

 

this subparagraph, the commission shall consider factors including,

 

but not limited to, projected capacity, energy, maintenance, and


operating costs; information filed under section 6j of 1939 PA 3,

 

MCL 460.6j; and information from wholesale markets, including, but

 

not limited to, locational marginal pricing. This price shall be

 

multiplied by the sum of the number of megawatt hours of renewable

 

energy and the number of megawatt hours of advanced cleaner energy

 

used to maintain compliance with the renewable energy standard. The

 

product shall be considered a booked cost of purchased and net

 

interchanged power transactions under section 6j of 1939 PA 3, MCL

 

460.6j. For energy purchased by such an electric provider under a

 

renewable energy contract or advanced cleaner energy contract, the

 

price shall be the lower of the amount established by the

 

commission or the actual price paid and shall be multiplied by the

 

number of megawatt hours of renewable energy or advanced cleaner

 

energy purchased. The resulting value shall be considered a booked

 

cost of purchased and net interchanged power under section 6j of

 

1939 PA 3, MCL 460.6j.

 

     (v) Revenue from wholesale renewable energy sales and advanced

 

cleaner energy sales. Such revenue shall not be considered in

 

determining power supply cost recovery factors under section 6j of

 

1939 PA 3, MCL 460.6j.

 

     (vi) Any additional electric provider revenue considered by

 

the commission to be attributable to the renewable energy

 

standards.

 

     (vii) Any revenues recovered in rates for renewable energy

 

costs that are included under subdivision (a).

 

     (2) (3) The commission shall authorize an electric provider

 

whose rates are regulated by the commission to spend in any given


month more to comply with this act and implement an approved

 

renewable energy plan than the revenue actually generated by the

 

revenue recovery mechanism. This subsection applies to regulatory

 

assets and regulatory liabilities accrued before the effective date

 

of the 2015 act that amended this section. An electric provider

 

whose rates are regulated by the commission shall recover its

 

commission approved pre-tax rate of return on regulatory assets

 

during the appropriate period. An electric provider whose rates are

 

regulated by the commission shall record interest on regulatory

 

liabilities at the average short-term borrowing rate available to

 

the electric provider during the appropriate period. Any regulatory

 

assets or liabilities resulting from the recovery costs of

 

renewable energy or advanced cleaner energy attributable to

 

renewable energy standards through the power supply cost recovery

 

clause under section 6j of 1939 PA 3, MCL 460.6j, shall continue to

 

be reconciled under that section.

 

     (4) If an electric provider's incremental costs of compliance

 

in any given month during the 20-year period beginning when the

 

electric provider's plan is approved by the commission are in

 

excess of the revenue recovery mechanism as adjusted under section

 

49 and in excess of the balance of any accumulated reserve funds,

 

subject to the minimum balance established under section 21, the

 

electric provider shall immediately notify the commission. The

 

commission shall promptly commence a contested case hearing

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328, and modify the revenue recovery mechanism so

 

that the minimum balance is restored. However, if the commission


determines that recovery of the incremental costs of compliance

 

would otherwise exceed the maximum retail rate impacts specified

 

under section 45, it shall set the revenue recovery mechanism for

 

that electric provider to correspond to the maximum retail rate

 

impacts. Excess costs shall be accrued and deferred for recovery.

 

Not later than the expiration of the 20-year period beginning when

 

the electric provider's plan is approved by the commission, for an

 

electric provider whose rates are regulated by the commission, the

 

commission shall determine the amount of deferred costs to be

 

recovered under the revenue recovery mechanism and the recovery

 

period, which shall not extend more than 5 years beyond the

 

expiration of the 20-year period beginning when the electric

 

provider's plan is approved by the commission. The recovery of

 

excess costs shall be proportional to the retail rate impact limits

 

in section 45 for each customer class. The recovery of excess costs

 

alone, or, if begun before the expiration of the 20-year period, in

 

combination with the recovery of incremental costs of compliance

 

under the revenue recovery mechanism, shall not exceed the retail

 

rate impact limits of section 45 for each customer class.

 

     (5) If, at the expiration of the 20-year period beginning when

 

the electric provider's plan is approved by the commission, an

 

electric provider whose rates are regulated by the commission has a

 

regulatory liability, the refund to customer classes shall be

 

proportional to the amounts paid by those customer classes under

 

the revenue recovery mechanism.

 

     (6) After achieving compliance with the renewable energy

 

standard for 2015, the actual costs reasonably and prudently


incurred to continue to comply with this subpart both during and

 

after the conclusion of the 20-year period beginning when the

 

electric provider's plan is approved by the commission shall be

 

considered costs of service. The commission shall determine a

 

mechanism for an electric provider whose rates are regulated by the

 

commission to recover these costs in its retail electric rates,

 

subject to the retail rate impact limits in section 45. Remaining

 

and future regulatory assets shall be recovered consistent with

 

subsections (2) and (3) and section 49.

 

     Enacting section 1. Section 49 of the clean, renewable, and

 

efficient energy act, 2008 PA 295, MCL 460.1049, is repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 3. This amendatory act does not take effect

 

unless Senate Bill No. 295                                    

 

          of the 98th Legislature is enacted into law.