Section 1779.10-E - Pennsylvania Public Utility Commission.(a)Alternative energy portfolio standards.-- (1) Notwithstanding section 4 of the act of November 30, 2004 ( P.L. 1672, No.213), known as the Alternative Energy Portfolio Standards Act, in order to qualify as an alternative energy source eligible to meet the Tier II share of this Commonwealth's compliance requirements under section 3(c) of the Alternative Energy Portfolio Standards Act and to qualify for Tier II alternative energy portfolio credits, each Tier II source must do one of the following:(i) Directly deliver the electricity it generates to a retail customer of an electric distribution company or to the distribution system operated by an electric distribution company operating within this Commonwealth and currently obligated to meet the compliance requirements contained under the Alternative Energy Portfolio Standards Act.(ii) Be directly connected to the electric system of an electric cooperative or municipal electric system operating within this Commonwealth.(iii) Connect directly to the electric transmission system at a location that is within the service territory of an electric distribution company operating within this Commonwealth.(iv) Generate electricity at generation units whose construction and operation is subject to and complies with permits issued by the Department of Environmental Protection of the Commonwealth under the act of January 8, 1960 (1959 P.L. 2119, No.787), known as the Air Pollution Control Act, or the act of July 7, 1980 ( P.L. 380, No.97), known as the Solid Waste Management Act.(2) Nothing under this section or section 4 of the Alternative Energy Portfolio Standards Act shall affect any of the following: (i) A certification originating within the geographical boundaries of this Commonwealth granted prior to the effective date of this section of a Tier II energy generator as a qualifying alternative energy source eligible to meet the Tier II share of this Commonwealth's alternative energy portfolio compliance requirements under the Alternative Energy Portfolio Standards Act.(ii) Certification of a Tier II source with a binding written contract for the sale and purchase of alternative energy credits derived from Tier II energy sources for the remaining term of the contract as of the effective date of this section, but only until the current term of the contract terminates.(b) Applicability.--This section shall apply to contracts entered into or renewed on or after the effective date of this section.(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Alternative energy source." As the term "alternative energy sources" is defined in section 2 of the Alternative Energy Portfolio Standards Act.
"Electric distribution company." As defined in section 2 of the Alternative Energy Portfolio Standards Act
Added by P.L. TBD 2020 No. 114, § 14, eff. 11/23/2020.