2023 Michigan Compiled Laws › Chapter 460 - Public Utilities › Act 295 of 2008 - Clean and Renewable Energy and Energy Waste Reduction Act (460.1001 - 460.1232.added) › 295-2008-2. - Part 2. Energy Standards (460.1021...460.1113) › 295-2008-2-A - subPart A Renewable and Clean Energy (460.1021...460.1054) › Section 460.1041 - Renewable Energy Credits; Trade, Sale, or Transfer; Demonstration of Compliance; Establishment of Renewable Energy Credit Certification and Tracking Program; Use Not Required in State.

460.1041 Renewable energy credits; trade, sale, or transfer; demonstration of compliance; establishment of renewable energy credit certification and tracking program; use not required in state.
Sec. 41.
(1) Renewable energy credits may be traded, sold, or otherwise transferred.
(2) An electric provider is responsible for demonstrating that a renewable energy credit used to comply with a renewable energy credit standard is derived from a renewable energy source and that the electric provider has not previously used or traded, sold, or otherwise transferred the renewable energy credit.
(3) The same renewable energy credit may be used by an electric provider to comply with both a federal standard for renewable energy and the renewable energy standard under this subpart. An electric provider that uses a renewable energy credit to comply with another state's standard for renewable energy shall not use the same renewable energy credit to comply with the renewable energy credit standard under this subpart.
(4) The commission shall establish a renewable energy credit certification and tracking program. The certification and tracking program may be contracted to and performed by a third party through a system of competitive bidding. The program shall include all of the following:
(a) A process to certify renewable energy systems, including all existing renewable energy systems operating on October 6, 2008 as eligible to receive renewable energy credits.
(b) A process for verifying that the operator of a renewable energy system is in compliance with state and federal law applicable to the operation of the renewable energy system when certification is granted. If a renewable energy system becomes noncompliant with state or federal law, renewable energy credits shall not be granted for renewable energy generated by that renewable energy system during the period of noncompliance.
(c) A method for determining the date on which a renewable energy credit is generated and valid for transfer.
(d) A method for transferring renewable energy credits.
(e) A method for ensuring that each renewable energy credit transferred under this act is properly accounted for under this act.
(f) If the system is established by the commission, allowance for issuance, transfer, and use of renewable energy credits in electronic form.
(5) A renewable energy credit purchased from a renewable energy system in this state is not required to be used in this state.
History:
2008, Act 295, Imd. Eff. Oct. 6, 2008 ;-- Am. 2016, Act 342, Eff. Apr. 20, 2017
Compiler's Notes:
Enacting section 1 of Act 295 of 2008 provides: "Enacting section 1. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."