BILL NUMBER: AB 809 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 4, 2007
PASSED THE ASSEMBLY SEPTEMBER 5, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN SENATE JULY 2, 2007
AMENDED IN SENATE JUNE 26, 2007
AMENDED IN SENATE JUNE 18, 2007
AMENDED IN SENATE JUNE 13, 2007
AMENDED IN ASSEMBLY MAY 2, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
INTRODUCED BY Assembly Member Blakeslee
FEBRUARY 22, 2007
An act to amend Section 43869 of the Health and Safety Code, and
to amend Sections 399.12, 399.12.5, 399.13, and 399.16 of the Public
Utilities Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
AB 809, Blakeslee. Energy: renewable energy resources.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations.
The Public Utilities Act imposes various duties and responsibilities
on the commission with respect to the purchase of electricity and
requires the commission to review and adopt a procurement plan and a
renewable energy procurement plan for each electrical corporation
pursuant to the California Renewables Portfolio Standard Program. The
program requires that a retail seller of electricity, including
electrical corporations, community choice aggregators, and electric
service providers, but not including local publicly owned electric
utilities, purchase a specified minimum percentage of electricity
generated by eligible renewable energy resources, as defined, in any
given year as a specified percentage of total kilowatthours sold to
retail end-use customers each calendar year (renewables portfolio
standard).
The existing definition of an "eligible renewable energy resource,"
includes the electricity generated by a small hydroelectric
generation facility of 30 megawatts or less procured or owned by an
electrical corporation as of January 1, 2003. An exception to this
provision provides that a small hydroelectric generation facility
that is an eligible renewable energy resource retains eligibility if
efficiency improvements at the facility undertaken after January 1,
2003, cause the generating capacity of the facility to exceed 30
megawatts, and the efficiency improvements do not result in a new or
increased appropriation or diversion of water from a watercourse. The
existing definition of an "eligible renewable energy resource"
provides that an existing conduit hydroelectric facility, as defined
by a specified federal law, of 30 megawatts or less is an eligible
renewable energy source and provides that a new conduit hydroelectric
facility is an eligible renewable energy resource so long as it does
not require a new or increased appropriation or diversion of water
from a watercourse.
Under existing law, the Porter-Cologne Water Quality Control Act,
the State Water Resources Control Board and the California regional
water quality control boards are the principal state agencies with
authority over matters relating to water quality. Existing law
provides for the issuance by the state board, or by a regional board
to which the state board has delegated authority, of a water quality
certification pursuant to the federal Clean Water Act.
This bill would revise the definition of an "eligible renewable
energy resource" to provide that a conduit hydroelectric facility, as
defined, of 30 megawatts or less that commenced operation before
January 1, 2006, is an eligible renewable energy resource, or if a
conduit hydroelectric facility of 30 megawatts or less commences
operation after December 31, 2005, it is an eligible renewable energy
resource so long as it does not cause an adverse impact on instream
beneficial uses or cause a change in the volume or timing of
streamflow. The bill would provide that a small hydroelectric
generation facility that is an eligible renewable energy resource
retains eligibility if efficiency improvements at the facility
undertaken after January 1, 2008, cause the generating capacity of
the facility to exceed 30 megawatts, and the efficiency improvements
do not result in an adverse impact on instream beneficial uses or
cause a change in the volume or timing of streamflow. The bill would
provide that the incremental increase in the amount of electricity
generated from a hydroelectric generation facility as a result of
efficiency improvements at the facility is electricity from an
eligible renewable energy resource, without regard to the electrical
output of the facility, if the incremental increase is the result of
efficiency improvements from a retrofit that do not result in an
adverse impact on instream beneficial uses or cause a change in the
volume or timing of streamflow, the hydroelectric generation facility
has received a water quality certification from the board or a
regional board or is exempted from the certification requirement for
a specified reason, the hydroelectric generation facility was
operational prior to January 1, 2007, the efficiency improvements are
initiated on or after January 1, 2008, the efficiency improvements
are not the result of routine maintenance, and all of the incremental
increase in electricity resulting from the efficiency improvements
are demonstrated to result from a long-term financial commitment, as
defined, by the retail seller. The bill would make other conforming
and corrective changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 43869 of the Health and Safety Code is amended
to read:
43869. The state board shall, no later than July 1, 2008, develop
and, after at least two public workshops, adopt hydrogen fuel
regulations to ensure the following:
(a) That state funding for the production and use of hydrogen
fuel, as described in the California Hydrogen Highway Blueprint Plan,
contributes to the reduction of greenhouse gas emissions, criteria
air pollutant emissions, and toxic air contaminant emissions. The
regulations shall, at a minimum, do all of the following:
(1) Require that, on a statewide basis, well-to-wheel emissions of
greenhouse gases for the average hydrogen powered vehicle fueled by
hydrogen from fueling stations that receive state funds are at least
30 percent lower than emissions for the average new gasoline vehicle
in California when measured on a per-mile basis.
(2) (A) Require that, on a statewide basis, no less than 33.3
percent of the hydrogen produced for, or dispensed by, fueling
stations that receive state funds be made from eligible renewable
energy resources as defined in Section 399.12 of the Public Utilities
Code.
(B) If the state board determines that there is insufficient
availability of hydrogen fuel from eligible renewable resources to
meet the 33.3 percent requirement of this paragraph, the state board
may, after at least one public workshop and on a one-time basis,
reduce the requirement by an amount, not to exceed 10 percentage
points, that the state board determines is necessary to result in a
renewable percentage requirement for hydrogen fuel that is
achievable.
(C) If the executive officer of the state board determines that it
is not feasible for a public transit operator to use hydrogen fuel
made from eligible renewable resources, the executive officer may
exempt the operator from the requirements of this paragraph for a
period of not more than five years and may extend the exemption for
up to five additional years.
(3) Prohibit hydrogen fuel producers from counting as a renewable
energy resource, pursuant to paragraph (2), any electricity produced
from sources previously procured by a retail seller and verifiably
counted by the retail seller towards meeting the renewables portfolio
standard obligation, as required by Article 16 (commencing with
Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public
Utilities Code.
(4) Require that all hydrogen fuel dispensed from fueling stations
that receive state funds be generated in a manner so that local
well-to-tank emissions of nitrogen oxides plus reactive organic gases
are at least 50 percent lower than well-to-tank emissions of the
average motor gasoline sold in California when measured on an energy
equivalent basis.
(5) Require that well-to-tank emissions of relevant toxic air
contaminants for hydrogen fuel dispensed from fueling stations that
receive state funds be reduced to the maximum extent feasible at each
site when compared to well-to-tank emissions of toxic air
contaminants of the average motor gasoline fuel on an
energy-equivalent basis. In no case shall the toxic emissions be
greater than the emissions from gasoline on an energy equivalent
basis.
(6) Require that providers of hydrogen fuel for transportation in
the state report to the state board the annual mass of hydrogen fuel
dispensed and the method by which the dispensed hydrogen was produced
and delivered.
(7) Authorize the state board, after at least one public workshop,
to grant authority to the executive officer of the state board to
exempt from this subdivision, for a period of no more than five
years, hydrogen dispensing facilities constructed for small
demonstration or temporary purposes. The exemption may be extended on
a case-by-case basis upon a finding that the extension will not harm
public health. The executive officer may limit the total number of
exemptions by geographic region, including by air district, but the
average annual mass of hydrogen dispensed from exempted facilities
shall not exceed 10 percent of the total mass of hydrogen fuel
dispensed for transportation purposes in the state.
(b) That, in any year immediately following a 12-month period in
which the mass of hydrogen fuel dispensed for transportation purposes
in California exceeds 3,500 metric tons, the production and direct
use of hydrogen fuels for motor vehicles in the state, including, but
not limited to, any hydrogen highway network that is developed
pursuant to the California Hydrogen Highway Blueprint Plan,
contributes to a reduced dependence on petroleum, as well as
reductions in greenhouse gas emissions, criteria air pollutant
emissions, and toxic air contaminant emissions. For the purpose of
this subdivision, the regulations, at a minimum, shall do all of the
following:
(1) Require that, on a statewide basis, well-to-wheel emissions of
greenhouse gases for the average hydrogen powered vehicle in
California are at least 30 percent lower than emissions for the
average new gasoline vehicle in California when measured on a
per-mile basis.
(2) Require that, on a statewide basis, no less than 33.3 percent
of the hydrogen produced or dispensed in California for motor
vehicles be made from eligible renewable energy resources as defined
in Section 399.12 of the Public Utilities Code.
(3) Prohibit hydrogen fuel producers from counting as a renewable
energy resource, for the purposes of paragraph (2), any electricity
produced from sources previously procured by a retail seller and
verifiably counted by the retail seller towards meeting the
requirements established by the California Renewables Portfolio
Standard Program, as set forth in Article 16 (commencing with Section
399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public
Utilities Code.
(4) Require that all hydrogen fuel dispensed in California for
motor vehicles be generated in a manner so that local well-to-tank
emissions of nitrogen oxides plus reactive organic gases are at least
50 percent lower than well-to-tank emissions of the average motor
gasoline sold in California when measured on an energy equivalent
basis.
(5) Require that well-to-tank emissions of relevant toxic air
contaminants from hydrogen fuel produced or dispensed in California
be reduced to the maximum extent feasible at each site when compared
to well-to-tank emissions of toxic air contaminants of the average
motor gasoline fuel on an energy-equivalent basis. In no case shall
the toxic emissions from hydrogen fuel be greater than the toxic
emissions from gasoline on an energy-equivalent basis.
(6) Authorize the state board, after at least one public workshop,
to grant authority to the executive officer of the state board to
exempt from this subdivision, for a period of no more than five
years, hydrogen dispensing facilities that dispense an average of no
more than 100 kilograms of hydrogen fuel per month. The exemption may
be extended on a case-by-case basis by the executive officer upon a
finding that the extension will not harm public health. The executive
officer may limit the total number of exemptions by geographic
region, including by air district, but the average annual mass of
hydrogen dispensed statewide from exempted facilities shall not
exceed 10 percent of the total mass of hydrogen fuel dispensed for
transportation purposes in the state.
(7) Authorize the state board, if it determines that reporting is
necessary to facilitate enforcement of the requirements of this
subdivision, to require that providers of hydrogen fuel for
transportation in the state report to the state board the annual mass
of hydrogen fuel dispensed and the method by which the dispensed
hydrogen was produced and delivered.
(c) Notwithstanding subdivision (b), the state board may increase
the 3,500-metric-ton threshold in subdivision (b) by no more than
1,500 metric tons if at least one of the following requirements is
met:
(1) The 3,500-metric-ton threshold is first met prior to January
1, 2011.
(2) The state board determines that the 3,500-metric-ton threshold
has been met primarily due to hydrogen fuel consumed in heavy duty
vehicles.
(3) The state board determines at a public hearing that increasing
the threshold would accelerate the deployment of hydrogen fuel cell
vehicles in the state.
(d) The state board, in consultation with other relevant agencies
as appropriate, shall review the renewable resource requirements
adopted pursuant to paragraphs (2) and (3) of subdivision (a) and
paragraphs (2) and (3) of subdivision (b) every four years and shall
increase the renewable resource percentage requirements if it
determines that it is technologically feasible to do so and will not
substantially hinder the development of hydrogen as a transportation
fuel in a manner that is consistent with this section.
(e) The state board shall review the emission requirements adopted
pursuant to paragraphs (1), (4), and (5) of subdivision (a) and
paragraphs (1), (4), and (5) of subdivision (b) every four years and
shall strengthen the requirements if it determines it is
technologically feasible to do so and will not substantially hinder
the development of hydrogen as a transportation fuel in a manner that
is consistent with this section.
(f) The state board shall produce and periodically update a
handbook to inform and educate motor vehicle manufacturers, hydrogen
fuel producers, hydrogen service station operators, and other
interested parties on how to comply with the requirements set forth
in this section. This handbook shall be made available on the agency'
s Internet Web site on or before July 1, 2009.
(g) The Secretary for Environmental Protection shall convene the
California Environmental Protection Agency's Environmental Justice
Advisory Committee at least once annually to solicit the committee's
comments on the production and distribution of hydrogen fuel in the
state.
(h) The Secretary for Environmental Protection, in consultation
with the state board, shall recommend to the Legislature and the
Governor, on or before January 1, 2010, incentives that could be
offered to businesses within the hydrogen fuel industry and consumers
to spur the development of clean sources of hydrogen fuel.
(i) Unless the context requires otherwise, the definitions set
forth in this subdivision govern the construction of this section:
(1) "Well-to-tank emissions" means emissions resulting from
production of a fuel, including resource extraction, initial
processing, transport, fuel production, distribution and marketing,
and delivery into the fuel tank of a consumer vehicle.
(2) "Well-to-wheel emissions" means emissions resulting from
production of a fuel, including resource extraction, initial
processing, transport, fuel production, distribution and marketing,
and delivery and use in a consumer vehicle.
SEC. 2. Section 399.12 of the Public Utilities Code is amended to
read:
399.12. For purposes of this article, the following terms have
the following meanings:
(a) "Conduit hydroelectric facility" means a facility for the
generation of electricity that uses only the hydroelectric potential
of an existing pipe, ditch, flume, siphon, tunnel, canal, or other
manmade conduit that is operated to distribute water for a beneficial
use.
(b) "Delivered" and "delivery" have the same meaning as provided
in subdivision (a) of Section 25741 of the Public Resources Code.
(c) "Eligible renewable energy resource" means an electric
generating facility that meets the definition of "in-state renewable
electricity generation facility" in Section 25741 of the Public
Resources Code, subject to the following limitations:
(1) (A) An existing small hydroelectric generation facility of 30
megawatts or less shall be eligible only if a retail seller owned or
procured the electricity from the facility as of December 31, 2005. A
new hydroelectric facility is not an eligible renewable energy
resource if it will cause an adverse impact on instream beneficial
uses or cause a change in the volume or timing of streamflow.
(B) Notwithstanding subparagraph (A), a conduit hydroelectric
facility of 30 megawatts or less that commenced operation before
January 1, 2006, is an eligible renewable energy resource. A conduit
hydroelectric facility of 30 megawatts or less that commences
operation after December 31, 2005, is an eligible renewable energy
resource so long as it does not cause an adverse impact on instream
beneficial uses or cause a change in the volume or timing of
streamflow.
(2) A facility engaged in the combustion of municipal solid waste
shall not be considered an eligible renewable resource unless it is
located in Stanislaus County and was operational prior to September
26, 1996.
(d) "Energy Commission" means the State Energy Resources
Conservation and Development Commission.
(e) "Local publicly owned electric utility" has the same meaning
as provided in subdivision (d) of Section 9604.
(f) "Procure" means that a retail seller receives delivered
electricity generated by an eligible renewable energy resource that
it owns or for which it has entered into an electricity purchase
agreement. Nothing in this article is intended to imply that the
purchase of electricity from third parties in a wholesale transaction
is the preferred method of fulfilling a retail seller's obligation
to comply with this article.
(g) "Renewables portfolio standard" means the specified percentage
of electricity generated by eligible renewable energy resources that
a retail seller is required to procure pursuant to this article.
(h) (1) "Renewable energy credit" means a certificate of proof,
issued through the accounting system established by the Energy
Commission pursuant to Section 399.13, that one unit of electricity
was generated and delivered by an eligible renewable energy resource.
(2) "Renewable energy credit" includes all renewable and
environmental attributes associated with the production of
electricity from the eligible renewable energy resource, except for
an emissions reduction credit issued pursuant to Section 40709 of the
Health and Safety Code and any credits or payments associated with
the reduction of solid waste and treatment benefits created by the
utilization of biomass or biogas fuels.
(3) No electricity generated by an eligible renewable energy
resource attributable to the use of nonrenewable fuels, beyond a de
minimus quantity, as determined by the Energy Commission, shall
result in the creation of a renewable energy credit.
(i) "Retail seller" means an entity engaged in the retail sale of
electricity to end-use customers located within the state, including
any of the following:
(1) An electrical corporation, as defined in Section 218.
(2) A community choice aggregator. The commission shall institute
a rulemaking to determine the manner in which a community choice
aggregator will participate in the renewables portfolio standard
program subject to the same terms and conditions applicable to an
electrical corporation.
(3) An electric service provider, as defined in Section 218.3, for
all sales of electricity to customers beginning January 1, 2006. The
commission shall institute a rulemaking to determine the manner in
which electric service providers will participate in the renewables
portfolio standard program. The electric service provider shall be
subject to the same terms and conditions applicable to an electrical
corporation pursuant to this article. Nothing in this paragraph shall
impair a contract entered into between an electric service provider
and a retail customer prior to the suspension of direct access by the
commission pursuant to Section 80110 of the Water Code.
(4) "Retail seller" does not include any of the following:
(A) A corporation or person employing cogeneration technology or
producing electricity consistent with subdivision (b) of Section 218.
(B) The Department of Water Resources acting in its capacity
pursuant to Division 27 (commencing with Section 80000) of the Water
Code.
(C) A local publicly owned electric utility.
SEC. 3. Section 399.12.5 of the Public Utilities Code is amended
to read:
399.12.5. (a) Notwithstanding subdivision (c) of Section 399.12,
a small hydroelectric generation facility that satisfies the criteria
for an eligible renewable energy resource pursuant to Section 399.12
shall not lose its eligibility if efficiency improvements undertaken
after January 1, 2008, cause the generating capacity of the facility
to exceed 30 megawatts, and the efficiency improvements do not
result in an adverse impact on instream beneficial uses or cause a
change in the volume or timing of streamflow. The entire generating
capacity of the facility shall be eligible.
(b) Notwithstanding subdivision (c) of Section 399.12, the
incremental increase in the amount of electricity generated from a
hydroelectric generation facility as a result of efficiency
improvements at the facility, is electricity from an eligible
renewable energy resource, without regard to the electrical output of
the facility, if all of the following conditions are met:
(1) The incremental increase is the result of efficiency
improvements from a retrofit that do not result in an adverse impact
on instream beneficial uses or cause a change in the volume or timing
of streamflow.
(2) The hydroelectric generation facility has, within the
immediately preceding 15 years, received certification from the State
Water Resources Control Board pursuant to Section 401 of the Clean
Water Act (33 U.S.C. Sec. 1341), or has received certification from a
regional board to which the state board has delegated authority to
issue certification, unless the facility is exempt from certification
because there is no potential for discharge into waters of the
United States.
(3) The hydroelectric generation facility was operational prior to
January 1, 2007, the efficiency improvements are initiated on or
after January 1, 2008, the efficiency improvements are not the result
of routine maintenance activities, as determined by the Energy
Commission, and the efficiency improvements were not included in any
resource plan sponsored by the facility owner prior to January 1,
2008.
(4) All of the incremental increase in electricity resulting from
the efficiency improvements are demonstrated to result from a
long-term financial commitment by the retail seller. For purposes of
this paragraph, "long-term financial commitment" means either new
ownership investment in the facility by the retail seller or a new or
renewed contract with a term of 10 or more years, which includes
procurement of the incremental generation.
(c) The incremental increase in the amount of electricity
generated from a hydroelectric generation facility as a result of
efficiency improvements at the facility are not eligible for
supplemental energy payments pursuant to the Renewable Energy
Resources Program (Chapter 8.6 (commencing with Section 25740) of
Division 15 of the Public Resources Code), or a successor program.
SEC. 4. Section 399.13 of the Public Utilities Code is amended to
read:
399.13. The Energy Commission shall do all of the following:
(a) Certify eligible renewable energy resources that it determines
meet the criteria described in subdivision (c) of Section 399.12.
(b) Design and implement an accounting system to verify compliance
with the renewables portfolio standard by retail sellers, to ensure
that electricity generated by an eligible renewable energy resource
is counted only once for the purpose of meeting the renewables
portfolio standard of this state or any other state, to certify
renewable energy credits produced by eligible renewable energy
resources, and to verify retail product claims in this state or any
other state. In establishing the guidelines governing this accounting
system, the Energy Commission shall collect data from electricity
market participants that it deems necessary to verify compliance of
retail sellers, in accordance with the requirements of this article
and the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code). In
seeking data from electrical corporations, the Energy Commission
shall request data from the commission. The commission shall collect
data from electrical corporations and remit the data to the Energy
Commission within 90 days of the request.
(c) Establish a system for tracking and verifying renewable energy
credits that, through the use of independently audited data,
verifies the generation and delivery of electricity associated with
each renewable energy credit and protects against multiple counting
of the same renewable energy credit. The Energy Commission shall
consult with other western states and with the Western Electricity
Coordinating Council in the development of this system.
(d) Certify, for purposes of compliance with the renewable
portfolio standard requirements by a retail seller, the eligibility
of renewable energy credits associated with deliveries of electricity
by an eligible renewable energy resource to a local publicly owned
electric utility, if the Energy Commission determines that the
following conditions have been satisfied:
(1) The local publicly owned electric utility that is procuring
the electricity is in compliance with the requirements of Section
387.
(2) The local publicly owned electric utility has established an
annual renewables portfolio standard target comparable to those
applicable to an electrical corporation, is procuring sufficient
eligible renewable energy resources to satisfy the targets, and will
not fail to satisfy the targets in the event that the renewable
energy credit is sold to another retail seller.
(e) Allocate and award supplemental energy payments pursuant to
Chapter 8.6 (commencing with Section 25740) of Division 15 of the
Public Resources Code, to eligible renewable energy resources to
cover above-market costs of renewable energy. A project selected by
an electrical corporation may receive supplemental energy payments
only if it results from a competitive solicitation that is found by
the commission to comply with the California Renewables Portfolio
Standard Program under this article and the project has entered into
an electricity purchase agreement resulting from that solicitation
that is approved by the commission. A project selected for an
electricity purchase agreement by another retail seller may receive
supplemental energy payments only if the retail seller demonstrates
to the commission that the selection of the project is consistent
with the results of a least-cost and best-fit process, and that the
supplemental energy payments are reasonable in comparison to those
paid under similar contracts with other retail sellers.
SEC. 5. Section 399.16 of the Public Utilities Code is amended to
read:
399.16. (a) The commission, by rule, may authorize the use of
renewable energy credits to satisfy the requirements of the
renewables portfolio standard established pursuant to this article,
subject to the following conditions:
(1) Prior to authorizing any renewable energy credit to be used
toward satisfying annual procurement targets, the commission and the
Energy Commission shall conclude that the tracking system established
pursuant to subdivision (c) of Section 399.13, is operational, is
capable of independently verifying the electricity generated by an
eligible renewable energy resource and delivered to the retail
seller, and can ensure that renewable energy credits shall not be
double counted by any seller of electricity within the service
territory of the Western Electricity Coordinating Council (WECC).
(2) A renewable energy credit shall be counted only once for
compliance with the renewables portfolio standard of this state or
any other state, or for verifying retail product claims in this state
or any other state.
(3) The electricity is delivered to a retail seller, the
Independent System Operator, or a local publicly owned electric
utility.
(4) All revenues received by an electrical corporation for the
sale of a renewable energy credit shall be credited to the benefit of
ratepayers.
(5) No renewable energy credits shall be created for electricity
generated pursuant to any electricity purchase contract with a retail
seller or a local publicly owned electric utility executed before
January 1, 2005, unless the contract contains explicit terms and
conditions specifying the ownership or disposition of those credits.
Deliveries under those contracts shall be tracked through the
accounting system described in subdivision (b) of Section 399.13 and
included in the baseline quantity of eligible renewable energy
resources of the purchasing retail seller pursuant to Section 399.15.
(6) No renewable energy credits shall be created for electricity
generated under any electricity purchase contract executed after
January 1, 2005, pursuant to the federal Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. Sec. 2601 et seq.). Deliveries under
the electricity purchase contracts shall be tracked through the
accounting system described in subdivision (b) of Section 399.13 and
count towards the renewables portfolio standard obligations of the
purchasing retail seller.
(7) The commission may limit the quantity of renewable energy
credits that may be procured unbundled from electricity generation by
any retail seller, to meet the requirements of this article.
(8) No retail seller shall be obligated to procure renewable
energy credits to satisfy the requirements of this article in the
event that supplemental energy payments, in combination with the
market prices approved by the commission, are insufficient to cover
the above-market costs of long-term contracts, of more than 10 years'
duration, with eligible renewable energy resources.
(9) Any additional condition that the commission determines is
reasonable.
(b) The commission shall allow an electrical corporation to
recover the reasonable costs of purchasing renewable energy credits
in rates.