69-3-2009. Electrical generation facilities renewable energy credit reporting. (1) (a) Except as provided in 69-3-2010, the following entities shall annually file a renewable energy credit report in accordance with this section:
     (i) a public utility that buys or sells renewable energy credits for the purposes of complying with 69-3-2004;
     (ii) a competitive electricity supplier that buys or sells renewable energy credits for the purposes of complying with 69-3-2004;
     (iii) a cooperative utility that buys or sells renewable energy credits for the purposes of complying with 69-3-2008; and
     (iv) any owner of a renewable electrical generation facility that sells renewable energy credits produced by the renewable electrical generation facility.
     (b) The report must be filed by March 1 of the year following the purchase or sale of the renewable energy credit.
     (2) Except as provided in 69-3-2010, the report must include:
     (a) the price of any renewable energy credit bought or sold; and
     (b) whether electrical energy and renewable energy credits were bought or sold together or separately, as a bundled or unbundled product.
     (3) Except as provided in subsection (4), the reports are not subject to the regulatory powers of the department of revenue. The department of revenue shall make the report available for public inspection.
     (4) A public utility, a competitive electricity supplier, a cooperative utility, or an owner of a renewable electrical generation facility that fails to file the report required pursuant to this section shall pay an administrative penalty, assessed by the department of revenue, of $1,500. A utility may not recover this penalty through an increase in electricity rates. Money generated from these penalties must be deposited in the universal low-income energy assistance fund established in 69-8-412(1)(b).
     (5) For the purposes of implementing this section, "renewable electrical generation facility" means any combination of a physically connected generator or generators, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power that is located in Montana and uses any of the sources of energy listed in 69-3-2003(10).
     (6) (a) The report required in subsection (1) must be filed with the department of revenue in a format determined by the department.
     (b) A public utility, a competitive electricity supplier, a cooperative utility, or an owner of a renewable electrical generation facility that is required to file a report pursuant to subsection (1) shall provide a copy of the report to the energy and telecommunications interim committee provided for in 5-5-230. Before September 15 of the year preceding a legislative session, the energy and telecommunications interim committee shall review the reports and, if necessary, submit recommendations regarding the use of renewable energy credits in Montana to the legislature.

     History: En. Sec. 1, Ch. 115, L. 2011; amd. Sec. 1, Ch. 25, L. 2013.