§269‑95  Renewable portfolio standards study.  The public utilities commission shall:

     (1)  By December 31, 2007, develop and implement a utility ratemaking structure, which may include performance-based ratemaking, to provide incentives that encourage Hawaii's electric utility companies to use cost-effective renewable energy resources found in Hawaii to meet the renewable portfolio standards established in section 269-92, while allowing for deviation from the standards in the event that the standards cannot be met in a cost-effective manner or as a result of events or circumstances, such as described in section 269‑92(d), beyond the control of the utility that could not have been reasonably anticipated or ameliorated;

     (2)  Gather, review, and analyze empirical data to determine the extent to which any proposed utility ratemaking structure would impact electric utility companies' profit margins and to ensure that the electric utility companies' opportunity to earn a fair rate of return is not diminished;

     (3)  Using funds from the public utilities special fund, contract with the Hawaii natural energy institute of the University of Hawaii to conduct independent studies to be reviewed by a panel of experts from entities such as the United States Department of Energy, National Renewable Energy Laboratory, Electric Power Research Institute, Hawaii electric utility companies, environmental groups, and other similar institutions with the required expertise.  These studies shall include findings and recommendations regarding:

         (A)  The capability of Hawaii's electric utility companies to achieve renewable portfolio standards in a cost-effective manner and shall assess factors such as the impact on consumer rates, utility system reliability and stability, costs and availability of appropriate renewable energy resources and technologies, permitting approvals, effects on the economy, balance of trade, culture, community, environment, land and water, climate change policies, demographics, and other factors deemed appropriate by the commission; and

         (B)  Projected renewable portfolio standards to be set five and ten years beyond the then current standards;

     (4)  Revise the standards based on the best information available at the time if the results of the studies conflict with the renewable portfolio standards established by section 269‑92; and

     (5)  Report its findings and revisions to the renewable portfolio standards, based on its own studies and those contracted under paragraph (3), to the legislature no later than twenty days before the convening of the regular session of 2009, and every five years thereafter. [L 2004, c 95, pt of §2; am L 2006, c 162, §6]

 

Cross References

 

  State support for achieving renewable portfolio standards, see §196-41.