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Combining with targets
A FIT law passed within the context of a national or regional target for electricity from renewable energy sources is more likely to be successful.
A law setting renewable energy targets provides a push for the enactment of FIT laws and gives some certainty to producers that the law will remain in place until the target is achieved.
Even if the target-setting provision is not directly enforceable, it can still have legal implications, and it will increase the likelihood of high-enough tariffs being set over time to fulfill the target. If no target is set, there is a real danger that the law will not grow to become effective.
If the political aim is to ensure that green electricity has a large share of the electricity market, the level at which the target is set will be higher, and its legal formulation stronger,
A range of approaches to targets can be seen from FIT instruments around the world.
For example:
- Ontario recognizes the contribution of its FIT rules to meeting a target set outside the law
- A framework for setting targets has been enacted in China, with the target being set outside the FIT law and implemented through a legally-required renewable energy plan
- A target has been embedded in the German FIT law
- 'National indicative targets' have been enacted in EU law, followed by proposals for binding targets
Ontario
Renewable Energy Standard Offer Program 2006, section 1.1 provides that:
The Ontario Power Authority (OPA) and the Ontario Energy Board (OEB) have developed a Renewable Energy Standard Offer Program (the 'Program') for the Province, designed to encourage and promote greater use of renewable energy sources including wind, waterpower, biomass, and solar, from smaller generating projects that would be connected to an electricity distribution system in Ontario.
Renewable energy facilities connected can contribute to cleaner air and a healthier environment. When implemented, the Program will make a significant aggregate contribution toward achieving the Government's target of having 2,700 megawatts of electrical power generated by new renewable energy sources in Ontario by the year 2010...
The Ontario Ministry of Energy's website states that:
In 2004, the Ontario government set a target for the province to produce 5% (1,350 megawatts) of its electricity from renewable sources by 2007 and 10% (2,700 megawatts) by 2010
China
English
Renewable Energy Law 2005, Articles 4, 7 and 8 provide that:
Article 4: The Government lists the development of utilization of renewable energy as the preferential area for energy development and promotes the construction and development of the renewable energy market by establishing total volume for the development of renewable energy and taking corresponding measures.
Article 7: Energy authorities of the State Council sets middle and long-term target of the total volume for the development and utilization of renewable energy at the national level, which shall be implemented and released to the pubic after being approved by the State Council.
Energy authorities of the State Council shall, on the basis of the target of total volume in the previous paragraph, as well as the economic development and actual situation of renewable energy resources of all provinces, autonomous regions and municipalities, cooperate with people's governments of provinces, autonomous regions and municipalities in establishing middle and long-term target and release it to the public.
Article 8: Energy authorities of the State Council shall, on the basis of the middle and long-term total volume target of renewable energy throughout the country, prepare national renewable energy development and utilization plan, which is to be implemented after being approved by the State Council.
Energy authorities of the people's governments at the level of province, autonomous region and municipality shall, on the basis of the middle and long-term target for the development and utilization of renewable energy, cooperate with relevant authorities of the people's governments at their own level in preparing national renewable energy development and utilization plan for their own administrative regions, which shall be implemented after being approved by people's governments at their own level.
Climate Change Programme 2007, section 3.3.1 provides that:
The target is to raise the proportion of renewable energy (including large-scale hydropower) in primary energy supply up to 10% by 2010, the extraction of coal bed methane up to 10 billion cubic meters.
Medium and Long-Term Development Plan for Renewable Energy in China 2007, section 3.2(1) provides that:
By 2010, China will aim to raise the share of renewable energy in total primary energy consumption to 10 percent. By 2020, it will aim to raise this share to 15 percent.
简体字
2005年《中华人民共和国可再生能源法》第4条、第7条和第8条规定:
第四条国家将可再生能源的开发利用列为能源发展的优先领域，通过制定可再生能源开发利用总量目标和采取相应措施，推动可再生能源市场的建立和发展。第七条国务院能源主管部门根据全国能源需求与可再生能源资源实际状况，制定全国可再生能源开发利用中长期总量目标，报国务院批准后执行，并予公布。
国务院能源主管部门根据前款规定的总量目标和省、自治区、直辖市经济发展与可再生能源资源实际状况，会同省、自治区、直辖市人民政府确定各行政区域可再生能源开发利用中长期目标，并予公布。
第八条国务院能源主管部门根据全国可再生能源开发利用中长期总量目标，会同国务院有关部门，编制全国可再生能源开发利用规划，报国务院批准后实施。
省、自治区、直辖市人民政府管理能源工作的部门根据本行政区域可再生能源开发利用中长期目标，会同本级人民政府有关部门编制本行政区域可再生能源开发利用规划，报本级人民政府批准后实施。
《中国应对气候变化国家方案》第三部分第一条规定:
通过大力发展可再生能源, 积极推进核电建设，加快煤层气开发利用等措施, 优化能源消费结构。到2010年，力争使可再生能源开发利用总量（包括大水电）在一次能源供应结构中的比重提高到10% 左右。煤层气抽采量达到100 亿立方米。
2007年《可再生能源中长期发展规划》第五部分第二项第一条规定：
力争到2010年使可再生能源消费量达到能源消费总量的10％左右，到2020年达到15％左右。
Germany
English
Renewable Energy Sources Act 2004, Article 1(2) provides that:
(2) This act is further intended to contribute to the increase in the percentage of renewable energy sources in power supply to at least 12.5 per cent by 2010 and to at least 20 per cent by 2020.
Deutsch
Gesetz für den Vorrang Erneuerbarer Energien 2004, § 1(2) lautet:
(2) Zweck dieses Gesetzes ist ferner, dazu beizutragen, den Anteil Erneuerbarer Energien an der Stromversorgung bis zum Jahr 2010 auf mindestens 12,5 Prozent und bis zum Jahr 2020 auf mindestens 20 Prozent zu erhöhen.
EU
The EU is a special case, because it has set in law targets for each Member State, and each Member State has a legal obligation to transpose its target into its domestic legal system.
Directive 2001/77/EC, Article 3.1 imposes a legal obligation on Member States, as follows:
Member States shall take appropriate steps to encourage greater consumption of electricity produced from renewable energy sources in conformity with ... national indicative targets [set out in the Directive's Annex]
Directive 2001/77/EC, Article 3.3 imposes a further legal obligation, as follows:
Member States shall publish, for the first time not later than 27 October 2003 and thereafter every two years, a report which includes an analysis of success in meeting the national indicative targets taking account, in particular, of climatic factors likely to affect the achievement of those targets and which indicates to what extent the measures taken are consistent with the national climate change commitment.
An amendment of this Directive is expected after the Conclusions of the European Council on 9th March 2007, when EU countries:
endorse[d] ... a binding target of a 20 % share of renewable energies in overall EU energy consumption by 2020.
Include targets in your proposed law
How do I compile my proposed law?
Here you can choose the draft sample text provided for including targets (Option A) or choose to draft your own text offline (Option B).
If you choose Option A, the text provided will appear as section 3 in your proposed law document with the section number and title, and you will need to insert your own targets offline. In addition, users need, offline, to insert the name of the relevant Ministry or Minister who should have the duty to achieve the targets. Note also that ‘renewable energy' has been defined here to mean non-fossil and non-nuclear energy, and to exclude large hydropower. This means that in assessing whether the targets would be achieved, electricity produced from eligible technologies and plants and other renewable energy sources would be included.
If you choose Option B, the text in square brackets will appear in section 3 of your document with the section number and title.