TITLE 39

Public Utilities and Carriers

CHAPTER 39-26.6

The Renewable Energy Growth Program

SECTION 39-26.6-19



   § 39-26.6-19  Coordination with energy

efficiency programs. –

(a) In consultation with the office, the electric-distribution company may make

a request to the commission that up to half of the megawatts for the small-and

medium-scale solar project enrollments be allocated by the commission for

selection through a process coordinated with the energy-efficiency program in

order that specified, solar incentives may be tied with energy-efficiency

program incentives in order to allow the electric-distribution company to

implement a coordinated, energy efficiency and solar program offering. In such

case, the electric-distribution company will propose criteria for eligibility

for performance-based incentives for solar that requires certain

energy-efficiency standards be met at the customer location in order to be

eligible for performance-based incentives for a small-scale and/or medium-scale

solar installation.



   (b) The electric-distribution company must also include

program parameters that do not disrupt competition among small-scale and/or

medium-scale solar developers, including, without limitation, safeguards

against any one, or subset of, developers in this market being given exclusive

rights or other market advantages over competitors. In approving the proposal,

the commission must find that there is no such small-and medium-solar-market

disruption.



   (c) The commission shall approve the request of the

distribution company within ninety (90) days, making such modifications as it

deems reasonable, provided such modifications are consistent with the

legislative purposes of this chapter and the state's energy-efficiency goals.



   (d) The allocation of megawatts is for implementation

purposes only and shall not authorize funds to be shifted from the

distributed-generation growth program to energy-efficiency programs, nor will

implementation of the electric distribution company's request cause a reduction

of the annual-or cumulative-capacity goals established for the

distributed-generation growth program. To the extent that the megawatts

allocated to the energy-efficiency program pursuant to this section are not

committed during a program year, such uncommitted megawatts shall be allocated

back to the distributed-generation growth program in the following year or such

year the board recommends to the commission. Funding for the energy-efficiency

measures that are tied to the solar installations must be obtained separately

from the energy-efficiency program budget funded through applicable

energy-efficiency charges.



   (e) Should the small-scale and medium-scale project classes

in the renewable energy growth program be oversubscribed in two (2) consecutive

enrollments and there are megawatts that have not been committed through the

process coordinated with the energy-efficiency program after the second

enrollment, the board, after consultation with the office and the

electric-distribution company, shall have the authority to move all, or a

portion of, the uncommitted megawatts out of the coordinated program back to

the renewable-energy growth program to meet the demand of the oversubscription,

subject to commission approval. If, in such case, the board does not exercise

the authority, any party may file a petition to the commission requesting

action to be taken.



History of Section.

(P.L. 2014, ch. 200, § 1; P.L. 2014, ch. 216, § 1.)