Bill Text: DE HB480 | 2017-2018 | 149th General Assembly | Draft
Bill Title: An Act To Amend Title 26 Of The Delaware Code Relating To Net Energy Metering.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-06-22 - Introduced and Assigned to Energy Committee in House [HB480 Detail]
Download: Delaware-2017-HB480-Draft.html
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SPONSOR: |
Rep. Mulrooney & Sen. McDowell |
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Reps. Brady, Kowalko, Lynn, Paradee; Sen. Walsh |
HOUSE OF REPRESENTATIVES
149th GENERAL ASSEMBLY
HOUSE BILL NO. 480
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO NET ENERGY METERING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 10, Title 26 of the Delaware Code, by making deletions as shown by strike through, insertions as shown by underline and redesignate as follows:
§ 1014 Public purpose programs and consumer education.
(e) The rules and regulations promulgated for net energy metering by the Commission, municipal electric companies, and electric cooperatives during any period of exemption under § 223 of this title shall:
(2) Provide for customers participating in a community-owned energy generating facility to be credited in kilowatt-hours (kWh), valued at an amount per kWh equal to supply service charges according to each account's rate schedule for any excess production of the community-owned energy generating facility. For customers that host a community-owned energy generating facility or where all participating customers are located on the same distribution feeder as a community-owned energy generating facility, credit credited a monetary value equal to the in kWh rate shall be valued according to each account's rate schedule and the rules and regulations promulgated for net energy metering under paragraph (e)(1) or (3) of this section. Excess kWh credits shall be credited to subsequent billing periods to offset customers' consumption in those billing periods. At the end of the annualized bulling period, a customer participating in a community-owned generating facility community may request a payment from the electric supplier for any excess kWh credits. The payment shall be calculated by multiplying the excess kWh credits by the supply service rate of the account hosting the community-owned energy generating facility. Such payment shall be made to the account hosting customer participating in the community-owned energy generating facility, and may be credited to the account through monthly billing if less than $25. Any excess kWh credits shall not reduce any fixed monthly customer charges , excluding demand charges, imposed by the electric supplier. The customers participating in a community-owned energy generating facility retain ownership of all RECs associated with electric energy produced unless the customer has relinquished such ownership by contractual agreement with a third party.
(9) Absent the promulgation of rules and regulations pursuant to paragraph (e)(3) of this section, individual customers may aggregate their individual meters in conjunction with a community-owned energy generating facility, provided that:
a. A community includes customers sharing a unique set of interests; and
b. Electric suppliers, DEC, DP&L, and municipal electric companies shall only allow meter aggregation for customer accounts of which they provide electric supply service; and
c. A community-owned energy generating facility is designed to produce no more than 110% of the community's aggregate electrical consumption of its individual customers, calculated on the average of the 2 previous 12-month periods of actual electrical usage at the time of installation of energy generating equipment. For new building construction, electrical consumption will be estimated at 110% of the consumption of units of similar size and characteristics at the time of installation of energy generating equipment; and
d. A community-owned energy generating facility shall not exceed a capacity of the sum total of the individual unit allowances as defined under paragraph (d)(1) of this section among the participants of a community-owned energy generating facility 5MWac ; and
e. Community-owned energy generating facilities may include technologies defined under § 352(6)a.-h. of this title;
f. Before a community-owned net energy metering system may be formed and served by an electric supplier, DP&L, DEC, or municipal electric company, the community proposing a community-owned energy generating facility shall file with the Delaware Energy Office and the electric supplier, DP&L, DEC, or the appropriate municipal electric company a description of the energy generating facility, including the facility’s host location, capacity, and fuel type or generating technology. the following information:
1. A list of individual meters the community desires to aggregate identified by name, address, and account number; and
2. A description of the energy generating facility, including the facility's host location, capacity, and fuel type or generating technology; and
3. The quantity of kWh credits attributed to each customer, which the electric supplier, DP&L, DEC, or the appropriate municipal electric company shall true-up at the end of the annualized billing period;
g. A community may change its list of aggregated meters no more than monthly quarterly by providing 90 days' written notice to the electric supplier, DP&L, DEC, or the appropriate municipal electric company; and
h. If the community removes individual customers from the aggregate, the community shall either replace the removed customers , reduce the generating capacity of the community-owned energy generating facility to remain compliant with the provisions provided under paragraphs (e)(9)c. and d. of this section, or negotiate with the electric supplier, DP&L, DEC, or the appropriate municipal electric company to establish a mutually acceptable agreement for any excess kWh credit or the community shall be paid at the Utility’s avoided cost for any energy that is unallocated ;
i. An electric supplier, DP&L, DEC, or municipal electric companies may require that customers participating in a community-owned energy generating facility have their meters read on the same billing cycle; and
j. Neither customers nor owners of community-owned energy generating facilities shall be subject to regulation as either public utilities or an electric supplier.
(10). The Delaware Renewable Energy Taskforce, in consultation with the Delaware Sustainable Energy Utility and one or more organizations representing low income communities, shall make recommendations to the Governor, the General Assembly, and the Commission by April 1, 2019, to ensure at least 15 percent of the estimated annual generating capacity of all community-owned generating facilities, in the aggregate, is dedicated to low and moderate income customers, including low-income customers residing in all housing types including single-family and multifamily residences. Recommendations shall include incentives and measures such as higher prices for solar renewable energy credits, higher customer bill credits, credit adders, training opportunities, or other mechanisms to ensure low-income, moderate-income, and affordable housing customers participation in community owned generating facilities. Incentives shall differentiate for financing barriers faced by low-income residential customers, affordable housing providers, and low-income service organizations and be structured to ensure tangible economic benefits for these customers. The Commission shall consider and implement recommendations by June 1, 2019. The Renewable Energy Taskforce and the Sustainable Energy Utility shall update their recommendations annually.
Section 2. This Act shall become effective upon enactment.
SYNOPSIS
This legislation increases access to Delaware's existing community solar program by expanding geographic eligibility requirements of the program. The legislation also ensures 15% of all community solar facilities provide savings to low-to-moderate income households, and enables community solar facilities to reach 5 megawatts in size, which will maximize solar savings and grow the number of homes that can subscribe to a program.
