S.Amdt. 1471

1. Rewrites section 1141

   Replaces

   In S. 14 · Placed on Calendar Senate

   1 unchanged paragraphHide unchanged text

   SEC. 1141. NET METERING.

   (a) Adoption of Standard.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:

   "(11) Net metering.--

   "(A) [struck: Each ][inserted: In general.--On the request of any ]electric [struck: utility shall make available upon request net metering service ][inserted: consumer served by an electric utility, the electric utility shall make available ]to [struck: any][inserted: the] electric consumer [struck: that the electric utility serves][inserted: net metering as provided in section 115(i)].

   Struck: "(B) For purposes of implementing this paragraph, any reference contained in this section to the date of enactment of the Public Utility Regulatory Policies Act of 1978 shall be deemed to be a reference to the date of enactment of this paragraph.

   "([struck: C][inserted: B]) [inserted: Consideration by state regulatory authorities.--]Notwithstanding subsections (b) and (c) of section 112, [struck: each ][inserted: not later than 1 year after the date of enactment of this paragraph, a ]State regulatory authority [struck: shall][inserted: may] consider and make a determination concerning whether it is [struck: appropriate to implement the standard set out in][inserted: in the public interest to decline to implement] subparagraph (A) [struck: not later than 1 year after ][inserted: in ]the [struck: date of enactment of this paragraph][inserted: State].[struck: ".]

   Struck: (b) Special Rules for Net Metering.--Section 115 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2625) is further amended by adding at the end the following:

   Struck: "(i) Net Metering.--In undertaking the consideration and making the determination under section 111 with respect to the standard concerning net metering established by section 111(d)(13), the term net metering service shall mean a service provided in accordance with the following standards:

   Struck: "(1) An electric utility--

   Struck: "(A) shall charge the owner or operator of an on- site generating facility rates and charges that are identical to those that would be charged other electric consumers of the electric utility in the same rate class; and

   Inserted: "(C) Incentives.--Nothing in this paragraph precludes a State from establishing incentives to encourage on-site generating facilities and net metering in addition to the requirement under this subsection.

   Inserted: "(D) Reports.--Not later than 1 year after the date of enactment of this paragraph and annually thereafter, the Secretary shall submit to Congress a report that--

   Inserted: "(i) describes the status of implementation by the States of subparagraph (A);

   Inserted: "(ii) contains a list of pre-approved systems and equipment eligible for uniform interconnection treatment; and

   Inserted: "(iii) describes the public benefits that have been derived from net metering and interconnection standards.".

   Inserted: (b) Special Rules for Net Metering.--Section 115 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2625) is amended by adding at the end the following:

   Inserted: "(i) Net Metering.--

   Inserted: "(1) Definitions.--In this subsection:

   Inserted: "(A) Eligible on-site generating facility.--The term 'eligible on-site generating facility' means--

   Inserted: "(i) a facility on the site of a residential electric consumer with a maximum generating capacity of 25 kilowatts or less that is fueled by solar energy, wind energy, or fuel cells; and

   Inserted: "(ii) a facility on the site of a commercial electric consumer with a maximum generating capacity of 1000 kilowatts or less that is fueled solely by a renewable energy resource, landfill gas, or a high-efficiency system.

   Inserted: "(B) High efficiency system.--The term 'high efficiency system' means a system that is comprised of--

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   Inserted: "(i) fuel cells; or

   Inserted: "(ii) combined heat and power.

   Inserted: "(C) Net metering service.--The term 'net metering service' means service to an electric consumer, as provided in section 111(d)(11), under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period.

   Inserted: "(D) Renewable energy resource.--The term 'renewable energy resource' means solar, wind, biomass, micro-freeflow-hydro, or geothermal energy.

   Inserted: "(2) Net metering service.--For the purposes of undertaking the consideration and making the determination with respect to the standard concerning net metering established by section 111(d)(11), the term 'net metering service' means a service provided in accordance with this subsection.

   Inserted: "(3) Charges by an electric utility.--An electric utility--

   Inserted: "(A) shall charge the owner or operator of an on-site generating facility rates and charges that are identical to those that would be charged other electric consumers of the electric utility in the same rate class; and

   "(B) shall not charge the owner or operator of an on-site generating facility any additional standby, capacity, interconnection, or other rate or charge.

   "([struck: 2][inserted: 4]) [inserted: Measurement of quantities.--]An electric utility that sells electric energy to the owner or operator of an on-site generating facility shall measure the quantity of electric energy produced by the on-site facility and the quantity of electric energy consumed by the owner or operator of an on-site generating facility during a billing period [inserted: with a single bi-directional meter or otherwise ]in accordance with reasonable metering practices.

   "([struck: 3][inserted: 5]) [inserted: Quantity sold in excess of quantity supplied.--]If the quantity of electric energy sold by the electric utility to an on-site generating facility exceeds the quantity of electric energy supplied by the on-site generating facility to the electric utility during the billing period, the electric utility may bill the owner or operator for the net quantity of electric energy sold, in accordance with reasonable metering practices.

   "([struck: 4][inserted: 6]) [inserted: Quantity supplied in excess of quantity sold.--]If the quantity of electric energy supplied by the on-site generating facility to the electric utility exceeds the quantity of electric energy sold by the electric utility to the on-site generating facility during the billing period--

   "(A) the electric utility may bill the owner or operator of the on-site generating facility for the appropriate charges for the billing period in accordance with paragraph ([struck: 2][inserted: 5]); and

   "(B) the owner or operator of the on-site generating facility shall be credited for the excess kilowatt-hours generated during the billing period[struck: ,] with[struck: the kilowatt-hour credit appearing on the bill for the following billing period.][inserted: --]

   Struck: "(5) An eligible onsite generating facility and net metering system used by an electric consumer shall meet all applicable safety, performance, reliability, and interconnection standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories.

   Struck: "(6) The Commission, after consultation with State regulatory authorities and unregulated electric utilities and after notice and opportunity for comment, may adopt, by rule, additional control and testing requirements for on-site generating facilities and net metering systems that the Commission determines are necessary to protect public safety and system reliability.

   Struck: "(7) For purposes of this subsection--

   Struck: "(A) The term 'eligible on-site generating facility' means a facility on the site of a residential electric consumer with a maximum generating capacity of 10 kilowatts or less that is fueled by solar energy, wind energy, or fuel cells; or a facility on the site of a commercial electric consumer with a maximum generating capacity of 500 kilowatts or less that is fueled solely by a renewable energy resource, landfill gas, or a high efficiency system.

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   Struck: "(B) The term 'renewable energy resource' means solar, wind, biomass, or geothermal energy.

   Struck: "(C) The term 'high efficiency system' means fuel cells or combined heat and power.

   Struck: "(D) The term 'net metering service' means service to an electric consumer under which electric energy generated by that electric consumer from an eligible on-site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electric utility to the electric consumer during the applicable billing period.".

   Inserted: "(i) a kilowatt-hour credit appearing on the bill for the following billing period; or

   Inserted: "(ii) a cash refund.

   Inserted: "(7) Compliance with standards.--An eligible on-site generating facility and net metering system used by an electric consumer shall meet all applicable safety, performance, reliability, and interconnection standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories.

   Inserted: "(8) Requirements.-- The Commission, after consideration of all applicable safety, performance, reliability, and interconnection standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories, and consultation with State regulatory authorities and unregulated electric utilities, and after notice and opportunity for comment, shall promulgate additional control, testing, and interconnection requirements for on-site generating facilities and net metering systems that the Commission determines are necessary to protect public safety and system reliability.".

   Original wording

   Strike section 1141 and insert the following:

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As printed