2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 8 - Environment II (§§ 8001 — 8162) › Chapter 506 - Public Policy on Energy Diversification by Means of Sustainable and Alternative Renewable Energy in Puerto Rico Act (§§ 8121 — 8136) › Subchapter II - Renewable Portfolio Standard (§§ 8122 — 8133) › § 8132 - Renewable portfolio standard compliance

(a) Any retail electricity supplier shall comply with the renewable portfolio standard herein created, upon filing with the Commission any of the following or combination thereof:
(1) A REC issued and registered in the renewables registry in favor of the retail electricity supplier for each megawatt-hour (MWh) of electric power generated from sustainable renewable energy sources or alternative renewable energy sources in Puerto Rico, and/or
(2) in the case of a retail electricity supplier, that quantifies the electricity generated by or purchased from distributed renewable energy producers located in Puerto Rico. through a net metering program, and whenever it is not feasible to obtain RECs that represent such electricity, a report evidencing that the retail electricity supplier has complied with the renewable portfolio standard through the purchase of renewable energy together with all environmental and social attributes related to the production of such energy, pursuant to subsection (e) of this section.
(b) Each REC filed under subsection (a)(1) of this section shall certify that the electricity generated from the sustainable renewable energy source or alternative renewable energy source was, in fact, generated and sold in Puerto Rico. Each REC filed evidencing compliance with the renewable portfolio standards shall be retired and cancelled by the Commission and, upon retirement and cancellation, it may not be filed on a subsequent calendar year.
(c) Reconciliation period.— A retail electricity supplier may, during the reconciliation period, acquire RECs to comply with the renewable portfolio standards applicable to the preceding calendar year, in which case the retail electricity supplier may not file the same REC to prove compliance with the renewable portfolio standard applicable to the current calendar year.
(d) RECs temporary retention.— Subject to the provisions of this subsection, a retail electricity supplier shall temporarily retain for future use any RECs held. Any retail electricity supplier shall start retaining RECs temporarily on calendar year 2013. Once temporarily retained, such REC may not be sold or otherwise transferred. Any REC temporarily retained may be used to evidence compliance with the renewable portfolio standards applicable to the two (2) following calendar years, counted as of the date when the REC was retained. Any REC temporarily retained and subsequently filed during the following first calendar year shall constitute one (1) megawatt-hour (MWh) of electric power produced by a sustainable renewable energy or alternative renewable energy source operator. Any REC filed during the second calendar year shall constitute one-half (0.5) megawatt-hour (MWh) of electric power produced by a sustainable renewable energy or alternative renewable energy source operator. For example, a retail electricity supplier may file a REC issued on calendar year 2015 (denominated “2015-REC”) to evidence compliance with the renewable portfolio standard applicable to that calendar year. If any supplier holds 2015-RECs in excess of the amount required to comply with the renewable portfolio standard applicable to the 2015 calendar year, such supplier may temporarily retain such 2015-RECs in excess, and filed them to evidence compliance with the renewable portfolio standard applicable to 2016 calendar year, in which case, each 2015-REC retained shall constitute, for purposes of compliance with 2016 calendar year, one (1) megawatt-hour (MWh) of electricity generated by a sustainable renewable energy or alternative renewable energy source operator. If such supplier holds RECs in excess of the amount required to comply with the renewable portfolio standard. applicable to the 2016 calendar year, such supplier may temporarily retain such 2015-RECs in excess, and filed them to evidence compliance with the renewable portfolio standard applicable to [the] 2017 calendar year, in which case, each 2015-REC retained by the supplier shall constitute, for purposes of compliance with [the] 2017 calendar year, one-half (0.5) megawatt-hour (MWh) of electricity produced by a sustainable renewable energy or alternative renewable energy source operator.
(e) Report on the purchase of renewable energy from distributed renewable energy producers.— As an alternative to the filing of RECs to evidence compliance with the renewable portfolio standard herein established, a retail electricity supplier shall render a report, subject to review and approval by the Commission, stating that such supplier has complied with the renewable portfolio standard through actual purchase of sustainable renewable energy or alternative renewable energy from distributed renewable energy producers, together with all environmental and social attributes related to such renewable energy, pursuant to the regulations to be approved by the Commission to such purposes, during the calendar year for which such report is filed. However, this compliance alternative shall only be available if the retail electricity supplier evidences that it is not feasible or possible to require that the renewable energy produced by distributed renewable energy producers be recorded and quantified in the renewables registry, as this term is defined herein, and therefore, it is not possible to file the RECs representing such energy with the Commission. The report to be filed with the Commission under this subsection shall include at least the following: (i) the name, the physical and mailing address of the distributed renewable energy producer that produced the energy claimed by the retail electricity supplier to ensure compliance with the renewable portfolio standard herein established; (ii) the amount of energy acquired from such distributed renewable energy producer, including meter readings, or a link whereby the same may be accessed through the Internet; (iii) the energy purchase agreement for the acquisition of such energy or a link whereby such agreement may be accessed through the Internet; and (iv) the following certifications, whose language may be modified from time to time by the Commission, as it deems it necessary, and established through regulation: “I hereby certify that the retail electricity supplier represented by me acquired and distributed the amount of energy stated in the document attached to this certificate during the calendar year under review, and that, as a result of such purchase and distribution, the retail electricity supplier represented by me complied, in whole or in part, with his/her legal liability under the Public Policy on Energy, Diversification by Means of Sustainable and Alternative Renewable Energy in Puerto Rico Act. I hereby recognize that I may be subject to civil and criminal penalties should I knowingly provide false or misleading information”. Should the report rendered under this subsection be approved, the Commission shall certify that the retail electricity supplier has complied, in whole or in part, with the renewable portfolio standard applicable to such supplier during the calendar year under review, if applicable.
History —July 19, 2010, No. 82, § 2.11.