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§ 3202. Qualifying Electricity Products.

20 CA ADC § 3202Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 20. Public Utilities and Energy
Division 2. State Energy Resources Conservation and Development Commission (Refs & Annos)
Chapter 13. Enforcement Procedures for the Renewables Portfolio Standard for Local Publicly Owned Electric Utilities
20 CCR § 3202
§ 3202. Qualifying Electricity Products.
Currentness
(a) For an electricity product to be used for compliance toward the RPS procurement requirements specified in section 3204, the electricity product must meet one of the following requirements:
(1) The electricity product is procured pursuant to a contract or ownership agreement executed on or after June 1, 2010.
(A) Procurement must be classified into a portfolio content category in accordance with section 3203.
(B) Procurement will be included in the calculation of the portfolio balance requirements as defined in section 3204 (c), unless the procurement is retired by a POU that meets the criteria of section 3204 (b)(3), 3204 (b)(4), or 3204 (b)(5).
(C) Procurement must be classified as long-term or short-term in accordance with section 3204 (d).
(D) Procurement will be included in the calculation of the long-term procurement requirement as defined in section 3204 (d) starting with the compliance period beginning January 1, 2021, except for a POU that elects for voluntary early compliance with the long-term procurement requirement pursuant to section 3206 (a)(1)(G).
(2) The electricity product is procured pursuant to a contract or ownership agreement executed before June 1, 2010, and the electricity product is associated with generation from an eligible renewable energy resource that met the Commission's RPS eligibility requirements that were in effect when the original procurement contract or ownership agreement was executed by the POU.
(A) Except as provided in section 3202 (a)(2)(B) and (a)(2)(C), the electricity product shall count in full toward the RPS procurement requirements, subject to the following:
1. If the associated REC is retired within 36 months of the date the electricity product is generated, the electricity product will count toward the RPS procurement targets as defined in section 3204 (a) and the long-term procurement requirement as defined in section 3204 (d).
2. The electricity product will not be classified within a portfolio content category and will not count toward the requirements of section 3204 (c).
3. Electricity products associated with contracts of less than 10 years in accordance with section 3206 (a)(1)(C)4. will not be subtracted when calculating excess procurement in accordance with section 3206 (a)(1)(C).
(B) If contract amendments or modifications after June 1, 2010, increase nameplate capacity or expected quantities of annual generation, increase the term of the contract except as provided in section 3202 (a)(2)(C), or substitute a different eligible renewable energy resource, only the MWhs or resources procured prior to June 1, 2010, shall count in full toward the RPS procurement targets. The procurement that is additional due to the amendment must be classified into a portfolio content category and as long-term or short-term and follow the portfolio balance requirements and long-term procurement requirement in accordance with section 3204 (c) and (d).
(C) The term of such procurement contract may be extended if the initial term of the contract specified a procurement commitment of 15 years or more.
(3) The electricity product is procured pursuant to a contract or ownership agreement executed before June 1, 2010, but the eligible renewable energy resource did not meet the Commission's RPS eligibility requirements when the original procurement contract or ownership agreement was executed by the POU.
(A) Procurement must be classified into a portfolio content category in accordance with section 3203.
(B) Procurement will not be included in the calculation of portfolio balance requirements in section 3204 (c).
(C) Procurement must be classified as long-term or short-term in accordance with section 3204 (d).
(D) Procurement will be included in the calculation of the long-term procurement requirement as defined in section 3204 (d) starting with the compliance period beginning January 1, 2021, except for a POU that elects for voluntary early compliance pursuant to section 3206 (a)(1)(G).
(E) If contract amendments or modifications after June 1, 2010, increase nameplate capacity or expected quantities of annual generation, increase the term of the contract, or substitute a different eligible renewable energy resource, only the MWhs or resources procured prior to June 1, 2010, shall be considered to meet the criteria of this section 3202 (a)(3) for the term of the contract executed prior to June 1, 2010. The remaining procurement, or any electricity products procured after the end of the original contract term, must be classified into a portfolio content category and follow the portfolio balance requirements in accordance with section 3204 (c).
(b) If any electricity products procured pursuant to a contract or ownership agreement executed prior to June 1, 2010, are resold on or after June 1, 2010, and the resale is not explicitly included in the original contract or ownership agreement terms, the electricity products must be classified in a portfolio content category and follow the portfolio balance requirements of section 3204 (c), unless the procurement is retired by a POU that meets the criteria of section 3204 (b)(3), section 3204 (b)(4) or section 3204 (b)(5).
(c) A POU may not use a REC associated with electricity products to meet its RPS procurement requirements unless it is retired within 36 months from the initial month of the generation of the associated electricity. For example, a POU can retire a REC associated with electricity generated in February 2011 no later than February 28, 2014, to claim the REC toward the POU's RPS procurement requirements.
(d) RECs may not be retired for purposes of the RPS procurement requirements of a compliance period if that compliance period begins after the date of retirement. For example, a POU may not retire a REC in 2020 for purposes of satisfying the POU's RPS procurement requirements for the compliance period beginning January 1, 2021, or any subsequent compliance period, unless the REC was accrued as excess procurement in accordance with the requirements of section 3206 (a)(1).
(e) A POU may not use a REC to meet its RPS procurement requirements for a compliance period that precedes the date of generation of the electricity associated with that REC. For example, a POU may not retire a REC associated with electricity generated in April 2014 to meet its RPS procurement requirements for the 2011-2013 compliance period.
(f) A POU may not use a REC to meet its RPS procurement requirements for a compliance period that precedes the date the POU procured that REC. For example, a POU may not retire a REC associated with electricity generated in November 2013 that the POU procured in February 2014 to meet its RPS procurement requirements for the 2011-2013 compliance period.

Credits

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code; and Section 399.30, Public Utilities Code. Reference: Sections 399.13, 399.16, 399.21 and 399.30, Public Utilities Code.
History
1. New section filed 8-28-2013; operative 10-1-2013 (Register 2013, No. 35).
2. New subsection (a)(3)(C) filed 4-12-2016; operative 4-12-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 16).
3. Amendment filed 7-12-2021; operative 7-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 20, § 3202, 20 CA ADC § 3202
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