WT/DS510 /1, G/L/1149  
G/TRIMS/D/42,  G/SCM/D111/1  
 
19 September 2016  
(16-4973) Page: 1/14 
  Original: English  
 
 UNITED STATES – CERTAIN MEASURES REL ATING  
TO THE RENEWABLE ENE RGY SECTOR  
REQUEST FOR CONSULTA TIONS BY INDIA  
The following communication, dated 9 September 2016, from the delegation of India to 
the delegation of the United States and to the Chairperson of the Dispute Settlement Body, is 
circulated in accordance with Article  4.4 of the DSU.  
_______________  
 
Upon instructions  from my author ities, I hereby wish to convey the request  of the Government  
of India for consultations  with the Government  of the United  States of America ( "U.S.") pursuant  
to Articles  1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes  ("DSU"), Article  XXIII:1 of the General  Agreeme nt on Tariffs  and Trade  1994 
("GATT  1994"), Article  8 of the Agreement  on Trade -Related  Investme nt Measures 
("TRIMs  Agree ment"), and Articles 4, 7  and 30 of the Agreement  on Subsidies  and 
Countervailing  Measures  ("SCM Agreement"), concerning certain measures of the U.S. relating to 
domestic content requirements and subsidies  instituted by the governments of the states of 
Washington, California, Montana, Massachusetts, Connecticut,  Michigan, Delaware and Minnesota 
("US States "), in the energy sector.  
The legal instruments through which the US States establish and maintain dom estic content 
requirements and extend subsidies include, but are not limited to the following:  
(i) Renewable Energy Cost Recovery Incentive Payment Program ( "RECIP ") 
maintained under the authority of the Revised Code of Washington 
(RCW  82.16.110  through  82.16.130) and the Washington Administrative Code 
(WAC 458 -20-273).  The RECIP provides performance -based incentives for customers of 
light and power business for generating electricity through solar, wind and anaerobic 
digestion technologies. A tax credit eq uivalent to the amount of payment made by them is 
extended to the light and power business under this program. Specifically, WAC 458 -20-
273 provides incentives for a variety of items such as solar modules manufactured in 
Washington State, solar or wind gen erating equipment with inverter manufactured in 
Washington State, anaerobic digester or other solar equipment or wind generator equipped 
with blades manufactured in Washington State, inverters manufactured in Washington 
State, wind generator equipment with  both blades and inverters manufactured in 
Washington State, and solar stirling converters manufactured in Washington State. Higher 
the proportion of components manufactured in Washington State, greater is the quantum 
of incentive.  
 
(ii) State of Californ ia Self -Generation Incentive Program ( "SGIP ") under the 
California Public Utilities Code (Sections 360 -380), as modified by the Senate Bill 
412, and the SGIP Handbook 2015.  The SGIP  provides annual financial incentives for 
the installation of new qualifyin g technologies on the customer 's side of the utility meter. 
These incentives are provided to retail electric and gas customers of specified investor -
owned utilities in California. While incentives are generally available for all customers that 
satisfy the criteria specified under the program, an additional incentive is provided for 
installation of eligible distributed generation or Advanced Energy Storage technologies 
from a California Supplier, i.e. an entity that manufactures eligible generation technolog ies WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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  at a facility located in California. The SGIP is overseen by the California Public Utilities 
Commission ( "CPUC ").  
(iii) Los Angeles Department of Water and Power 's ("LADWP ") Solar Incentive 
Program implemented by the LADWP under the Solar Photovoltaic  ("PV") 
Incentive Program Guidelines . The LADWP is a utility rebate program applicable to 
commercial, residential, non -profit, local government sectors, in respect of electricity 
generated through photovoltaics. The program has several phases with declinin g incentive 
levels as certain installed megawatt targets are met.  The specific aspect of the LADWP 's 
Solar Incentive program that is the subject matter of these consultations is the provision 
for a Los Angeles Manufacturing Credit ( "LAMC ") for qualifying P V equipment manufactured 
in Los Angeles as approved by the LADWP. The Solar PV Incentive Program Guidelines 
specify that the goal of the LAMC is to promote local  economic development through 
manufacturing and job creation within the City of Los  Angeles.  Energy generated from 
renewable energy generating systems located within the LADWP service territory and 
interconnected to the LADWP electrical distribution system, also benefit from the Feed -in 
Tariff Set Pricing Program under which LADWP purchases all the energy generated by 
these systems at a fixed price for a term of up to 20 years.  
(iv) Montana Tax Incentive for Ethanol Production ( "TIEP ") under the Ethanol Tax 
Incentive and Administration Act of 1983 (Montana Code Annotated 2015, 
Section 15 -70-522). Under the TIEP, tax incentives are provided to ethanol distributors 
for distilling alcohol, if the ethanol is produced in Montana from Montana agricultural 
products. If the producer uses non -Montana agricultural products, the amount of the tax 
incentive is re duced proportionately, based on the percentage of non -Montana based 
agricultural or wood products used in the ethanol production.  
(v) Montana Tax Credit for Biodiesel Blending and Storage under Montana Code 
Annotated 2015, Section 15 -32-703. Tax credit is available for any individual or 
juridical entity for biodiesel blending and storage in respect of the costs of investment in 
depreciable property  used for storing or blending biodiesel made entirely from Montana -
produced feedstock, with petroleum diesel fo r sale.  
(vi) Refund for Taxes paid on Biodiesel by Distributor or Retailer  under the Montana 
Code Annotated 2015, Section 15 -70-433. Refund of the special fuel tax on biodiesel 
is permissible for licensed distributors who use biodiesel made entirely from components 
produced in Montana. Additionally, the owner or operator of a retail motor fuel outlet may 
claim a refund purchased from a licensed distributor if the biodiesel is made entirely from 
components produced in the state of Montana.  
(vii) Massachuset ts Clean Energy Centre 's Commonwealth Solar Hot Water Program, 
("CSHWP ") under Chapter 307 of the Acts of 2008 ( "Green Jobs Act of 2008 "), 
codified in Chapter  23J of the Massachusetts General Laws read with the 
Residential and Small Scale Solar Hot Water P rogram Manual and the Commercial 
Scale Solar Hot Water Program Manual.  The CSHWP offers rebates for solar hot water 
systems that serve residential, commercial, non -profit, and publicly owned buildings. The 
program is administered by the Massachusetts Clean  Energy Centre ( "MassCEC ") which 
provides these rebates to reduce the upfront cost of installing a solar hot water system.  An 
additional rebate is available for both residential -scale and commercial -scale projects if the 
installed system has eligible Massa chusetts manufactured components. To qualify, the 
applicant is required to provide evidence that the solar hot water system uses components 
from one of the qualified companies that manufactures in Massachusetts.  
(viii) Connecticut Residential Solar Investm ent Program ( "CRSIP ") under 2012 
Connecticut General Statutes, Title 16, Chapter 283, Section 16 -245ff read with 
2014 Connecticut General Statutes, Title 16, Chapter 283, Section 16 -245gg. The 
CRSIP is administered and funded by the Clean Energy Finance an d Investment Authority, 
now known as the Connecticut Green Bank in order to support 30 megawatts of residential 
solar photovoltaics (PV). Connecticut House Bill 6838 enacted on June 2015 expanded the 
program to support up to 300 MW of new solar PV by 2022.  Under the CRSIP, two types of 
incentives, depending on the ownership of the PV system are offered. Homeowner 
Performance -based Incentive ( "HOPB "): HOPB program provides upfront incentives for WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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  consumers who purchase a solar PV system for their residence di rectly. Performance Based 
Incentive ( "PBI"): For consumers who do not purchase a solar PV system directly but 
enter into a contract with a company that owns/operates the system, there is a 
performance -based incentive available to that third party owner. Un der the CRSIP, 
incentives up to 5% for use of major system components manufactured or assembled in 
Connecticut, and another additional 5% incentive for use of system components 
manufactured or assembled in a distressed municipality, or a targeted investmen t 
community in Connecticut, are offered.  
(ix) Michigan Energy Credits under the Clean, Renewable and Efficient Energy Act,    
2008 ( "CREEA "), Chapter 460, Section 27/(Section 460.1027) and 
39(2)/(Section 460.1039); and Experimental Advanced Renewable Ener gy 
Program ("EARP ") under Section 21/(Section 460.1021) of the CREEA read with 
Rule C10.3 of the Rate Book for Electric Service adopted by Consumers Energy 
Company and approved by the Michigan Public Service Commission..  
A) Michigan Energy Credits under th e CREEA: The CREEA establishes a Renewable 
Portfolio Standard ( "RPS"). The CREEA requires Michigan 's investor -owned utilities, 
alternative retail suppliers, electric cooperatives, and municipal electric utilities to generate 
10% of their retail electricity  sales from renewable energy resources by 2015. Compliance 
with the percentage standard can be met by purchasing renewable energy credits 
("RECs "). 
An REC is created for every megawatt -hour ( "MWh ") of electricity generated by a 
renewable energy system. The  RPS also provides for a series of bonus credits, termed 
Michigan Incentive Renewable Energy Credits ( "MIREC ") for each MWh of electricity 
generated by certain types of systems. MIREC is in addition to the single credit that a 
facility receives for produci ng 1 MWh of electricity from a qualified resource. Thus it is 
possible to earn multiple credit bonuses on a single MWh of electricity generation. In 
addition to one renewable energy credit granted to the owner of a renewable energy 
system for each megawatt  hour of electricity generated from a renewable energy system, 
the RPS offers two additional RECs for each MWh of solar power generated. Renewable 
electricity produced using equipment manufactured within the state of Michigan receives 
an additional 1/10 cr edit per MWh, available for three years after the in -service date of the 
facility.  
B) EARP under the CREEA:  The CREEA requires certain electric providers, including 
Consumers Energy, to file Renewable Energy Plans ("RE Plans ") describing how the 
electric p rovider will meet the renewable energy standards under the CREEA with the 
Michigan Public Service Commission ( "Commission ") for its review and approval.  
Consumers Energy is Michigan 's largest utility provider of electric and natural gas services, 
a princi pal subsidiary of CMS Energy Corporation. Pursuant to the CREEA, Consumers 
Energy is required to generate 10% of its retail electricity sales from renewable energy. It 
is also required to submit an RE Plan and an Energy Optimization Plan ("EO Plan ") before  
the Commission to demonstrate compliance with Michigan 's Renewable Portfolio Standard.  
Consumers Energy proposed the implementation of the EARP in its submission of its RE 
Plan and EO Plan under the CREEA in 2009. The EARP program encourages Consumers 
Energy electric customers to purchase and install solar photovoltaic (PV) systems at their 
home or business by offering financial incentives to help offset the out -of-pocket costs. In 
return, Consumers Energy receives the RECs generated by this renewable tech nology.  
The EARP offers Consumers Energy 's residential and non -residential customers a buy -back 
tariff program for electricity produced by solar photovoltaic (PV) systems and anaeorobic 
digestion. Under the program, Consumers Energy will purchase all of th e electricity 
produced by the system through a fixed -rate contract of up to 15 years. The EARP was 
approved by the Commission on 26 May 2009.  
Consumer Energy subsequently made a July 8, 2011 filing which requested approval of the 
Expanded EARP. In its 26 July 2011, the Commission approved the Consumer Energy 's WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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  Expanded EARP. Consumer Energy 's EARP is governed by the terms of the Commission 
approved EARP Tariff. In order to be eligible for the EARP, solar equipment must be 
manufactured in Michigan or constru cted by a Michigan workforce.   
 
(x) Delaware Solar Renewable Energy Credits under the Renewable Energy Portfolio 
Standards Act 2005 ( "RPS Act "). Delaware Administrative Code, Title 26, Public 
Utilities, Rules and Procedures to Implement the Renewable Ener gy Portfolio 
Standard  provides that a retail electricity supplier or a rural electric cooperative shall 
receive an additional 10% credit toward meeting the RPS for solar or wind energy 
installations sited in Delaware, provided that a minimum of 50% of   the  cost  of  the  
renewable   energy   equipment,   inclusive   of  mounting   components,   relates   to  
Delaware manufactured equipment.  
 
(xi) Made in Minnesota Solar Incentive Program ( "MSIP ") administered pursuant to 
the criterion established under the Made i n Minnesota Solar Energy Production 
Incentive law (Minnesota Statute § 216C.414, subd. 2 (2013)).  MSIP offers 
incentives to consumers who install PV and solar thermal systems using solar modules and 
collectors that are certified to be "manufactured in Minn esota".  The program is only 
available to customers of one of the Minnesota 's three participating investor -owned utilities 
(Minnesota Power, Otter Tail Power Company, Xcel Energy).   The rebate is equal to 25 
percent of the system -installed cost up to a max imum of $2,500 for residential, $5,000 for 
multi-family and $25,000 for commercial systems.  
There are three incentive levels depending on the ownership and system size. In addition, 
amounts vary by the module manufacturer. The three levels are For -Profit C ommercial, 
Non-Profit/Public/Tax Exempt, and Residential. Incentives for Made in Minnesota solar PV 
are performance -based, established by a system 's energy production, and paid over 10 
years.  
The above US Measures shall also include any amendments, replace ments, extensions, 
implementing measures or other related measures.  
The US Measures appear to be inconsistent with:  
 Article III:4 of GATT 1994 because the measures appear to provide less favourable 
treatment to imported products than that accorded to like products originating in the US;  
 Article 2.1 of the TRIMs Agreement because the measures appear to be investment 
measures related to trade in goods that are inconsistent with Article III:4 of GATT 1994;  
 Article XVI:1 of GATT 1994 because the measures appear  to provide subsidies which 
operate in a manner so as to directly or indirectly reduce imports of products into the 
US, without any notification to the WTO Members relating to the same;  
 Articles 3.1(b) and 3.2 of the SCM Agreement because the measures appe ar to provide a 
subsidy contingent upon the use of domestic over imported goods;  
 Articles 5(a), 5(c), 6.3(a), and 6.3(c) of the SCM Agreement because the measures 
appear to cause serious prejudice to the interests of India through displacement or 
impedanc e of imports into the U.S. of like products from India, and through lost sales in 
the U.S. of like products imported from India;  
 Article 25 of the SCM Agreement as the US has not appropriately notified any of the 
measures,  
 Article XVI:4 of the Marrakesh A greement establishing the World Trade Organization, 
because the measures do not appear to conform to the obl igations of the 
WTO Agreements.  
The US Measures identified above also appear to nullify or impair the benefits accruing to India 
directly or indirec tly under the cited agreements.  WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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  The Government of India reserves its right to raise additional factual claims and legal matters 
during the course of the consultations and in any future request for panel proceedings.  
Attached please find the statement of av ailable evidence, pursuant  to Articles 4 and 7 of the 
SCM Agreement.  
We look forward to receiving your reply to the present request and to agreeing to a mutually 
convenient date and venue for consultations.  
_______________  
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  ANNEX  
State ment of Available  Evidence  
India's request  for consul tations dated  9.9.2016  identi fies the US States ' subsidies  that are the 
subject  of this request  for consultations.  
The evidence  set out below  is evidence  available  to India at  this time and India reserves  the right 
to suppl ement  or alter this list in the future,  as required.  
A. Washington Renewable Energy Cost Incentive Program  
 
1. Revised Code of Washington , Energy Independence Act , Chapter  19. 285 RCW (2007).  
 
2. Washington Administrative Code , Energy Independence, Chapter  194-37 WAC (2008).  
 
3. Revised Code of Washington , Renewable Energy System Cost Recovery, RCW 82.16.110 
through 130.   
 
4. Washington Administrative Code , Renewable Energy System Cost Recovery , WAC 458 -20-
273.  
 
5. Washington Administrative Code , Manufacturing, Processing for hire, fabricating , WAC 458-
20-136 (2005).  
 
6.  Washington Administrative Code Emergency Rules , Rule Making Order – Department of 
Revenue, WSR 12 -16-046, WAC 458 -20-273 Emergency Rules  (July 27, 2012).  
 
7.  Session Law, Environmental Tax Incentives,  ESSB 617 0, Chapter 469, Laws of 2009 
(2009).  
 
8. Session Law, Community Solar Projects --Cost Recovery Incentives , ESSB 6658, Chapter 
202, Laws of 2010 (2010).  
 
9. Engrossed Second Substitute House Bill 1301, Amending RCW 82.16.110, RCW 82.16.120, 
RCW 82.16.130  (2014).  
 
10. Washington State Department of Revenue, Renewable Energy System Cost Recovery - 
Annual Incentive Payment Application, REV 41 0100e (2011).  
 
11. Washington State Department of Revenue, Community Solar Project Renewable Energy 
System Cost Recovery - Annual Incenti ve Payment Application,  REV 41 0111e (2015).  
 
12. Washington State Department of Revenue, Renewable Energy System Cost Recovery 
Certification, 82.16 RCW, REV 41 0094e (2015).   
 
13. Washington State Department of Revenue, Community Solar Projects Renewable Energy 
System Cost Recovery Certification, 82.16 RCW,  REV 41 0110e (2015).  
 
14. Washington State Department of Revenue, Special Notice, Renewable Energy System Cost 
Recovery Program – Production Incentive  (September 23, 2009).  
 
15. Washington State Department of Revenue,  Special Notice, Solar Stirling Converter 
Manufactured in Washington Added to Renewable Energy Cost Recovery Incentive 
Payment Program  (August 30, 2011).  
 
16. Washington State Department of Revenue, Growth from Renewable Energy Cost Recovery 
Program (August, 2 013).  
 
17. Washington State Department of Revenue, Evaluation of Tax Incentives - Analysis of 
Renewable Energy System Program : Report to the Legislature (December, 2009).  WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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18. Washington State Department of Revenue, Special Notice -Renewable Energy Cost 
Recovery Inc entive Program -Modifications to Program  (May, 2010).  
 
19. Washington State Department of Revenue, Washington Manufacturers Equipment 
Approved for "Made in Washington " Renewable Energy Systems Cost Recovery Incentive 
Payments,  WAC 458 -20-273 (March, 2013).  
 
20. U.S. Department of Energy, Office of Scientific and Technical Information, 2012 Wind 
Technologies Market Report , DOE/GO -102012 -3472 (August, 2012).  
 
21. Shoreline Community College Office of the President, Notice of Intent addressed to 
Superintendent, Seattle Ci ty Light  (August 12, 2009).  
 
22. Clark Public Utilities, Steps for Participation in Washington State 's Renewable Energy 
Production Incentive Program Production Metering Agreement.  
 
23. Mason County PUD No. 1, In-State Production Incentives for Renewable Energy 
Development Program Overview , State Doc #1 (September, 2010).  
 
24. American Council on Renewable Energy, Renewable Energy in Washington   (September, 
2013).  
 
25. Washington State Department of Revenue, Summary of 2009 Tax Legislations (May, 
2009).  
 
26. U.S. Energy Inform ation Administration, State of Washington Electricity Profile (2012).  
 
27. U.S. Energy Information Administration, State of Washington Energy Profile (2015).  
 
28. U.S. Energy Information Administration, State of Washington Renewable Electricity Profile 
(2012).  
 
B. California Self Generation Incentive Program  
 
1.   State of California Public Utilities Code, Division I, Part I, Chapter 2.3, Article 6 
(Requirements  for the Public Utilities Commission), Sections 372, 379.6 – 379.7.  
 
2.   California Assembly Bill no. 970 , An Ac t to inter alia amend Section 372 of the Public 
Utilities Code (September 7, 2000).  
 
3.   Senate Bill no. 412 , An Act to amend Section 379.6 of the Public Utilities Code, relating to 
electricity, Chapter 182 (October 11, 2009).  
 
4.   Senate Bill no. 861 , An act to inter alia amend  Sections 379.6 of the Public Utilities Code 
(June 20, 2014) – This bill extends the authority of the Public Utilities Commission to 
authorize  the electrical corporations to continue making the annual collection through 
December 31, 2019 . The bill also extends the administrati on of the program to 
January  1, 2021.  
 
5.   Self Generation Incentive Program Handbook, 2016 (February 8, 2016).   
 
6.   California Public Utilities Commission, Request for California Supplier status under SGIP  
Form.  
 
7.   California Public  Utilities Commission, List of SGIP approved California Suppliers  (2015).  
 
8.   Application Forms available on the website of Pacific Gas and Electric Company,  including 
but not limited to SGIP Incentive Claim Form (January, 2014).  
 
9.   Applicat ion Forms available on the website of Southern California Gas Company, SGIP 
Incentive Claim Form , V. 3  (2015).  WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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10. Application Forms available on the website of Centre for Sustainable Energy California, 
SGIP Incentive Claim Form , V. 3  (2015).  
 
11. Application For ms available on the website of South California Edison, SGIP Incentive 
Claim Form , V.2 (2015).  
 
12. California Public Utility Commission, Decision Adopting SGIP Annual Budget for 2012, 2013 
and 2014, Decision 11 -12-030 December 15, 2011, R.10 -05-004 COM/MP1/a cr (Issued on 
December 20, 2011).  
 
13. California Public Utility Commission, Decision Addressing Eligible Technologies under the 
Self-generation Incentive Program (SGIP) and modifying the process for evaluating SGIP 
Program change requests  Decision on Advanced  Storage Technologies , Decision 08 -11-
044, R.08 -03-008 COM/MP1/jt2 (November 21, 2008).  
 
14. California Public Utilities Commission, Self Generation Incentive Program Modification 
Guideline (PMG)  (July 1, 2006).  
 
15. California Public Utilities Commission, 2012 S GIP Impact Evaluation Program Outlook  
(February, 2014).  
 
16. American  Council on Renewable Energy, Renewable Energy in California 
(September,  2014).  
 
17. U.S. Energy Information Administration,  California State Electricity Profile  (2013).  
 
18. U.S. Energy Information  Administration,  California Renewable Electricity Profile 
(March  8, 2012).  
 
C. Los Angeles Department of Water and Power (LADWP) Solar Incentive Program  
 
1. Senate Bill 1, Chapter 132 - Electricity: Solar Energy: Net Metering  (Approved 2006).  
 
2. California Energy C ommission, Guidelines For California 's Solar Electric Incentive Programs 
(Senate Bill 1)  Fifth Edition (January, 2013).  
 
3. Los Angeles Department of Water and Power, Solar Photovoltaic Incentive Program 
Guidelines  (August 11, 2014).  
 
4. Los Angeles Department o f Water and Power, Customer Guide to using Powerclerk 
(December 4, 2015).  
 
5. Los Angeles Department of Water and Power, LADWP Solar Incentive Program Calculator 
User Guide  (October, 2011).  
 
6. Los Angeles Department of Water and Power, PV Preliminary Review Inf ormation Sheet , 
LADWP – PR (02 -2013).  
 
7. Los Angeles Department of Water and Power,  Solar Inspection Agreement , LADWP – SA 
(09-2012).  
  
8. Los Angeles Department of Water and Power, Residential Disclosure Agreement , LADWP – 
RD (09 -2012) and a Non -Residential D isclosure Agreement, LADWP – ND (09 -2012)  
 
 Residential Disclosure Agreement:  
 Non-Residential Disclosure Agreement : 
 
9. Los Angeles Department of Water and Power, Request to Forward Reservation Payment ,  
LADWP – PF (04 -2016).  
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  10. Los Angeles Department of Water and Power, Powerclerk User Account Request Form , 
LADWP – (07-2013).  
 
11. Los Angeles Department of Water and Power, Solar Incentive Program Report ( April 2015)  
 
12. Los Angeles Department of Water and Power, Feed-in Traiff (FiT) Set Pricing Program 
Guidelines  (February 17, 2015).  
 
13. Los Angeles Department of Water and Power, Standard Offer Power Purchase Agreement 
between City of Los Angeles Acting by and Through The Department of Water and Power 
and ______,   V5.0.123114 (2014).  
 
14.  Los Angeles Department of Water an d Power, Standard Offer for Feed -in Tariff Customer 
Generation Interconnection Agreement between ____ (Interconnection Customer) and City 
of Los Angeles Acting by and Through The Department of Water and Power , V20140715.  
 
15. Los Angeles Department of Water an d Power, Set Pricing Document Clarification  
(January  31, 2013).  
 
16. Los Angeles Department of Water and Power, 100 MW Feed -in-Tariff Set Pricing Program,  
Program Presentation (January 22, 2013).  
 
17. Los Angeles Department of Water and Power, FiT Process Diagram  (2014).  
 
18.  Los Angeles Department of Water and Power, Set Pricing Fact Sheet Copy (2015).  
 
D. Montana  
 
D1 Tax Incentive for Ethanol Production  
 
1. Montana Annotated Code, 2015 , Title 15 - Taxation, Chapter 70 - Gasoline and Vehicle Fuel 
Taxes, Part 5 - Ethanol Tax Incentive and Administration, 15 -70-501 to 15 -70-527. 
 
2. Montana Annotated Code, 2015 , Title 15 - Taxation, Chapter 70 - Gasoline and Vehicle Fuel 
Taxes, Part 2, Basic Gasoline License Tax, 15 -70-201 to 15 -70-204.  
 
3. Administrative Rules of Montana (ARM) , Department – Transportation, Chapter – Motor 
Fuels – Gasoline Tax, Subchapter – Alcohol Tax Incentive, 18.9.601 to 18.9.608.  
 
D2 Tax Credit for Biodiesel Blending and Storage  
 
1. Montana Annotated Code, 2015 , Title 15 - Taxation, Chapter 32 – Energy Related  and 
Ecological Tax Incentives, Part 7 – Biodiesel Production, Section 703 – Biodiesel blending 
and storage tax credit -- recapture -- report to interim committee.  
 
2. Montana Annotated Code, 2015 , Title 15 - Taxation, Chapter 32 – Energy Related and 
Ecolog ical Tax Incentives, Part 6 – Recycling of Material, 15 -32-601 and 15 -32-611. 
 
3. Administrative Rules of Montana, Department – Revenue, Chapter – Tax Credits, Subchapter 
– Individual and Corporation -Biodiesel and Biolubricant Tax Credit, 42.4.2504.  
 
4. Montana  Department of Revenue, Biennial Report July 1, 2012 —June 30, 2014 . 
 
5. Montana Department of Revenue, 2013 Biodiesel Blending and Storage Credit -Form, BBSC 
2015, Rev 06 15.  
 
6. Montana Department of Environmental Quality, Montana Financial Incentives Biodiesel 
Production / Oilseed Crushing and Ethanol Ventures  (December 31, 2008).  
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  D3 Refund on Taxes Paid on Biodiesel by Distributor or Retailer  
 
1. Montana Annotated Code, 2015 , Title 15 - Taxation, Chapter 70 - Gasoline and Vehicle Fuel 
Taxes, Part 4 - Gasoline and S pecial Fuel Tax, Section 401 – Definitions, 15 -70-401.  
 
2. Montana Annotated Code, 2015 , Title 15 - Taxation, Chapter 70 - Gasoline and Vehicle Fuel 
Taxes, Part 4 - Gasoline and Special Fuel Tax, Section 433 - Refund for taxes paid on 
biodiesel by distributor or retailer -- statement -- payment -- appropriation -- records -- 
report to interim committee , 15-70-433.  
 
3. Montana Annotated Code, 2015 , Title 17 – State Finance, Chapter 7 -  Budgeting and 
Appropriations, Section 502 – Statutory Appropriations, 17 -7-502.  
 
4. Montana Department of Transportation, Biodiesel Fuel Tax Refund Application -Form, Rev 
12/2005.  
 
5. Montana Office of Budget and Program Planning, 2013 Biennium Executive Budget 
Summary - The Schweitzer Budget for 2012 -2013 (Yellow Book).   
 
6. Montana Office o f Budget and Program Planning, 2015 Biennium Executive Budget 
Summary - The Schweitzer Budget for 2014 -2015 (Yellow Book).   
 
D4  General Documents relevant for all Montana Measures referred to above:  
 
1. U.S. Energy Information Administration, Montana State En ergy Profile.   
 
2. U.S. Energy Information Administration, Montana State Renewable Electricity Profiles 
(2010).  
 
3. U.S. Energy Information Administration, Montana State Electricity Profiles (2013).  
 
4. American Council on Renewable Energy, Renewable Energy in Mont ana (September, 2014).  
 
  E. Massachusetts Commonwealth Solar Hot Water Program  
 
1. General Laws of the Commonwealth of Massachusetts , Massachusetts Clean Energy 
Technology Centre , Chapter 23J, Title II, Part I.    
 
2. Session Laws of the Commonwealth of Massach usetts , An Act Relative to Green Jobs in the 
Commonwealth, Chapter 307 of the Acts of 2008.  
 
3. Massachusetts Clean Energy Centre, Press Release: MassCEC Announces New Multi Year 
Incentive Program for Solar Hot Water (June 28, 2012).  
 
4. Massachusetts Clean Ener gy Centre, Commonwealth Solar Hot Water Program -Eligible 
Massachusetts Manufacturers of Solar Hot Water Components.  
 
5. Massachusetts Clean Energy Centre,  Residential and Small Scale Solar Hot Water Program 
Manual  (February, 2016).  
 
6. Massachusetts Clean Energy  Centre,  Commercial Scale Solar Hot Water Program Manual  
(February, 2016).  
 
7. Massachusetts Clean Energy Centre, Residential Guide to Solar Hot Water.  
 
8. Massachusetts Clean Energy Centre, Massachusetts Solar Hot Water Program -Construction 
Application Instruct ions (February 19, 2014).  
 
9. Massachusetts Clean Energy Centre, Massachusetts Solar Hot Water Program -PowerClerk 
Online Instructions (July, 2012).  
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  10. Massachusetts Clean Energy Centre, Commonwealth Solar Hot Water Program Terms and 
Conditions  (February 9, 201 4). 
 
11. Massachusetts Clean Energy Centre, Commonwealth Solar Hot Water Program Residential 
Frequently Asked Questions.   
 
12. Massachusetts Clean Energy Centre, Commonwealth Solar Hot Water Program, Residential 
Performance Monitoring, Interim Report  (June 1, 2012 ). 
 
13. Massachusetts Clean Energy Centre, Massachusetts Clean Energy Industry Report  (2015).  
 
14. American Council on Renewable Energy, Renewable Energy in Massachusetts (June, 2014).   
 
15. U.S. Energy Information Administration,  Massachusetts State Energy Profile.  
 
16. U.S. Energy Information Administration, Massachusetts State Renewable Electricity Profiles 
(2012 ).   
 
17. U.S. Energy Information Administration, Massachusetts State Electricity Profiles (2013).  
 
F. Connecticut Residential Solar Investment Program:  
 
1.   An Act Concerning the Department of Energy and Environmental Protection and Planning 
for Connecticut 's Energy Future. State of Connecticut Publi c Act No 11 -80, Senate Bill 
No. 1243, Section 109 read with Section 106.  
 
2.   An Act Concerning the Encouragement of Loca l Economic Development and Access to 
Residential Renewable Energy.  State of Connecticut Public  Act No. 15 -194, House Bill 
No. 6838, Section 1 (a) -(2), (4)(i).  
 
3.   General Statutes of Connecticut , Volume 9, Title 32 -- Chapter 578 -Commerce and 
Economic And Co mmunity Development, - Section 32 -9p (b) Definition of distressed  
municipality --Chapter 588l, Economic Development and Manufacturing Assistance, - 
Section 32 -222 (u) Definition of targeted investment municipality .  
 
4.   General Statutes of Connecticut , Volum e 5, Title 16 —Public Service Companies - Chapter 
283 -Telephone, Illuminating, Power and Water Companies - Section 16 (245n) - 
Connecticut Green Bank, Charge assessed against electric customers, Clean Energy Fund.  
  
5.   Public Act No 11 -80, Senate Bill No. 124 3, An Act Concerning the Establishment of the 
Department of Energy and Environmental Protection and Planning for Connecticut 's Energy 
Futur e—Section 66 (d) --Establishment and functions of Clean Energy Finance and 
Investment Authority [now known as Connecti cut Green Bank].  
 
6.   Residential Solar Incentives, General guidelines on the available incentive types based on 
ownership  of the system , Energize Connecticut Initiative (December 17, 2012).  
 
7.   Qualifications requisite for Eligible Contractors and Third Part y System Owners and 
Customers to participate in the Residential Solar Investment Program , Connecticut Green 
Bank (April 24, 2015).  
 
8.    U.S. Energy Information Administration, State of Connecticut Electricity Profile (2012).  
 
9.    U.S. Energy Information Adm inistration, State of Connecticut Energy Profile (2015).  
 
10.  U.S. Energy Information Administration, State of Connecticut Renewable Electricity Profile 
(2012).  
 
G. Michigan Energy Credits and the Experimental Advanced Renewable Energy Program:  
 
1.   The Clean, Renewable  and Efficient Act, Public Act No. 295 of 2008 – Section 27 -- 
Requirements on electric providers to achieve a Renewable Energy Standard (as defined in WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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  Section 11 (j)) – Section 39 (2) (d)  --Grant of bonus Renewable Energy Credits (RECs) -- 
Section  41 (4) --Authority of the Michigan Public Service Commission (MPSC) to establish 
Renewable Energy Credit Certification and Tracking System (MIRECS).  
 
2.   The Rate Book for Electric Service  adopted by Consumers Energy Company and approved 
by the Michigan Publ ic Service Commission under the Experimental Advanced Renewable 
Energy Program.   
 
3.   MPSC Press  Release, MPSC Approves Contract Designating APX, Inc. as the State 's 
Renewable Energy Credit and Tracking Program Administrator (MIRECS) 
(August  11, 2009).  
 
4.   MPSC Press Release, Michigan 's Renewable Energy Certification System Launched  
(October  30, 2009).  
 
5.   MIRECS  Press Release, "APX Launches Michigan Renewable Energy Certification System " 
(October 30, 2009).  
 
6.   MIRECS Registry  Documents, MIRECS Operating Proced ures (March, 2016).  
 
7.   MIRECS  Registry Documents, Incentive RECs and Intra -registry RECs  (May 2, 2014).  
 
8.   Michigan  Renewable Energy Certification System Registry, Terms of Use (2015).  
 
9.   Michigan Public Service Commission, Report on the Implementation of P.A. 295 Renewable 
Energy Standard and the Cost -Effectiveness of the Energy Standards , In compliance with 
Public Act 295 of 2008 (February 12, 2016).  
 
10. Michigan Public Service Commission, Report on the Implementation of P.A. 295 Renewable 
Energy Standard an d the Cost -Effectiveness of the Energy Standards , In compliance with 
Public Act 295 of 2008 (February 13, 2015).  
 
11. Michigan Public Service Commission, Report on the Implementation of P.A. 295 Renewable 
Energy Standard and the Cost -Effectiveness of the Energ y Standards , In compliance with 
Public Act 295 of 2008 (February 14, 2014).  
 
12. Michigan Public Service Commission, Report on the Implementation of P.A. 295 Renewable 
Energy  Standard and the Cost -Effectiveness of the Energy Standards , In compliance with 
Public Act 295 of 2008 (February 15, 2013).  
 
13. Michigan Public Service Commission, Report on the Implementation of P.A. 295 Renewable 
Energy Standard and the Cost -Effectiveness of the Energy Standards , In compliance with 
Public Act 295 of 2008 (February 15, 2012) . 
 
14. Michigan Public Service Commission - Subsidy component in REC payments - Solar Working 
Group - Staff Report  (June 30, 2014).  
 
15. Template for Company Annual Report on Renewable Energy Plan,  Public Act No. 295  
Section 51 (1 -3) requirements.  
 
16. U.S. Energy Inform ation Administration, State of Michigan Electricity Profile (2012).  
 
17. U.S. Energy Information Administration, State of Michigan Energy Profile (2015).  
 
18. U.S. Energy Information Administration, State of Michigan Renewable Electricity Profile 
(2012).  WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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  H. Delawa re Solar Renewable Energy Credits under the Renewable Energy Portfolio 
Standards Act 2005 ( "RPS Act ") read with the Delaware Administrative Code, Title 
26, Public Utilities, Rules and Procedures to Implement the Renewable Energy 
Portfolio Standard:  
 
1.   Delaware Code—TITLE 26 - Chapter 1 Subchapter III -A Renewable Energy Portfolio 
Standards Act - Section 356 (d) (As amended by 77. De laware Laws Chapter 451 
Section  12) (2013).  
 
2.   Rules  and Procedure to Implement the Renewable Energy Portfolio Standard , Delaware 
Public Service Commission (December, 2012).  
  
3.   Order No. 8281 of January 22, 2013 - In the matter of the Application of Delmarva Power & 
Light Company for approval of the 2013 Program for the Procurement of Solar Renewable 
Energy Credits —Approval of Delmar va's Application for 2013 Program for the Procurement 
of Solar Renewable Energy Credits filed January 11, 2013.  
 
4.   Consultant 's Report (Consultant hired pursuant to Order No.8281 of DPSC) on the 2013 
SREC  Procurement Program to Delaware Public Service Com mission -- Section 2.5 - 
Delaware Equipment and Workforce Bonuses - Success Ratio of Bids that proposed to use 
Delaware manufactured equipment.  
 
5.   Senate Bill No. 74  -An Act to Amend Title 26 of the Delaware Code Relating to Renewable 
Energy Portfolio Standar ds. 
 
6.   Senate Bill No. 124 - An act to Amend Title 26 of the Delaware Code Relating to Delaware 's 
Renewable Energy Portfolio Standards and Delaware -manufactured Fuel Cells.  
 
7.   PSC Regulation Docket No. 56 - Order No: 8026 - In the matter of the adoption of ru les and 
procedures to implement the Renewable Energy Portfolio Standards Act, Sections 351 -363, 
as applied to retail electricity suppliers (opened August 23, 20 05; reopened 
September  4, 2007; August 5, 2008; September 22, 2 009; August 17, 2010; 
September  6, 2011).  
 
8.   Form for Application, RPS Form for Certification of Bonuses to an existing Eligible  Energy 
Resource under the Delaware Renewable Energy Portfolio Standard to be filed with DPSC.  
 
9.   Terms  of Reference for the Renewable Energy Taskforce establish ed under Section 360 (d) 
of Renewable Energy Portfolio Standards Act - Sub Clause(2) (f) - 'Establishing mechanisms 
to maximize in -state renewable energy generation and local manufacturing '. 
 
10. Program for the Procurement of Solar Renewable Energy Credits - Program Filing - Section 
2.3—Bonus for use of In -State Equipment or Workforce - Eligibility Criteria and 
Determination (2015).  
 
11. U.S. Energy  Information Administration, State of Delaware Electricity Profile, (2012).  
 
12. U.S. Energy Information Administration, State  of Delaware Energy Profile , (2015).  
 
13. U.S. Energy Information Administration, State of Delaware Renewable Electricity Profile, 
(2012).  
I. Made in Minnesota Solar Incentive Program:  
 
1.   Made in Minnesota Solar Energy Production Incentive law ( 'MSIP') adminis tered pursuant 
to Minnesota Statute § 216C.414, subd. 2 (2013)).  
 
2.   Minnesota Department of Commerce Guidance for Completing the Made in Minnesota Solar 
Incentive Application , A 2016 Reference Guide for Applicants, Minnesota Department of 
Commerce (Decembe r 30, 2015).  
 WT/DS510 /1 • G/L/1149 • G/TRIMS/D/42 • G/SCM/D111/1  
 
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  3.   Made in Minnesota (MiM) Solar Incentive Program Application Portal , Powerclerk and the 
Minnesota Department of Commerce. Application portal for the MIM Solar Incentive 
Program. (May 10, 2016).  
 
4.   Made in Minnesota random selection results , Commerce Statistics. Results of random 
selection of applicants to participate in the MIM Solar Incentive Program (2016).  
 
5.   U.S. Energy Information Administration, State of Minnesota Electricity Profile (2012).  
 
6.   U.S. Energy Information Administration, State of Minnesota Energy Profile (2015).  
 
7.   U.S. Energy Information Administration, State of Minnesota Renewable Electricity Profile 
(2012).  
 
Furthermore, the U.S. States ' subsidies have created a chilling effect on Indian exports of like 
products to the U. S., causing adverse effect to its interests.  
 
__________