PURA: biomass facilities without PPAs no longer Class 1 renewable sources after statutory amendment

At its March 18 special meeting the Public Utilities Regulatory Authority adopted a declaratory ruling finding that Regenerate Energy Holdings LLC's petition cannot be granted: under the amended statute, biomass facilities without an executed power purchase agreement (PPA) prior to October 1, 2025, are not Class 1 renewable sources and RECs produced after that effective date are not Class 1.

Authority staff summarized that Regenerate had asked PURA to declare existing biomass facilities without a PPA may continue to be certified as Class 1 after the statutory amendment. Elizabeth Tanaka told commissioners that, in the authority's view, the plain language of the amended statute disqualifies such facilities as of the statute's effective date.

Tanaka said the petition was filed on October 9, 2025, and that the authority's declaratory ruling interprets the amendment to disqualify biomass facilities that did not execute a PPA with an electric distribution company prior to October 1, 2025. The authority adopted the staff recommendation by motion, and the panel recorded assent during the roll-call vote.

Chair Tom Wheel thanked staff and observed that the authority cannot overrule the legislature, saying the statute's language and intent appear clear in the record. The declaratory ruling clarifies PURA's statutory interpretation and means RECs from the specified biomass facilities produced after October 1, 2025, will not qualify as Class 1 under the amended law.