(a) Energy from a tier one renewable source:

(1) Shall be eligible for inclusion in meeting the standard regardless of when the generating system or facility was placed in service; and

(2) May be applied to the percentage requirements of the standard for either tier one renewable sources or tier two renewable sources.

(b) Energy from a tier two renewable source shall be eligible for inclusion in meeting the renewable energy portfolio standard through 2017 if it is generated at a system or facility that existed and was operational as of January 1, 2004.

(c) On or after January 1, 2006, an electricity supplier may:

(1) Receive renewable energy credits; and

(2) Accumulate renewable energy credits under this chapter.

(d) On or before December 31, 2006, an electricity supplier shall receive 120% credit toward meeting the renewable energy portfolio standard for energy derived from wind or solar sources.

(e) After December 31, 2006, and on or before December 31, 2009, an electricity supplier shall receive 110% credit toward meeting the renewable energy portfolio standard for energy derived from wind or solar sources.

(f) On or before December 31, 2009, an electricity supplier shall receive 110% credit toward meeting the renewable energy portfolio standard for energy derived from methane under § 34-1431(14)(D).

(g)(1) An electricity supplier may not use the incineration of solid waste to meet more than 20% of the standard for tier two renewable sources for a given year.

(2) After December 31, 2012, the incineration of solid waste shall not be eligible to generate renewable energy credits.

(h)(1) An electricity supplier shall receive credit toward meeting the standard for electricity derived from the biomass fraction of biomass cofired with other fuels.

(2) Credits that a renewable on-site generator surrenders to its electricity supplier to meet the standard and that the electricity supplier relies on in submitting its compliance report shall not be resold or retransferred by the renewable on-site generator.

(3) The renewable on-site generator may retain or transfer any credits in excess of the amount needed to satisfy the standard for the renewable on-site generator’s load.

(4) A renewable on-site generator that satisfies the standard applicable to the renewable on-site generator’s load under this subsection shall not be required to contribute to a compliance fee recovered under § 34-1435.

(5) The Commission shall adopt regulations or orders governing the application and transfer of credits under this subsection.

(i) A tier one renewable source or tier two renewable source that creates a renewable energy credit shall comply with all applicable environmental and administrative requirements, including air quality, water quality, solid waste, and right-to-know provisions, permit conditions, and administrative orders.

(Apr. 12, 2005, D.C. Law 15-340, § 5, 52 DCR 2285.)

This section is referenced in § 34-1431 and § 34-1438.