Bill Text: GA SB401 | 2011-2012 | Regular Session | Introduced

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Bill Title: "The Georgia Cogeneration and Distributed Generation Act of 2001"; change provisions; provide declaration of policy

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2012-02-08 - Senate Read and Referred [SB401 Detail]

Download: Georgia-2011-SB401-Introduced.html

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12 LC 36 2004

Senate Bill 401

By: Senators Carter of the 1st, Chance of the 16th, Carter of the 42nd, Williams of the 19th, Rogers of the 21st and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to "The Georgia Cogeneration and Distributed Generation Act of 2001"; to provide for declaration of policy; to provide for definitions; to provide for the financing of distributed generation through leases, power purchase agreements, and other financing mechanisms; to change certain provisions relating to rates and fees of electric service providers; to change certain provisions relating to the purchase of energy from customer generators; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, is amended by revising Code Section 46-3-51, relating to legislative findings and declaration of policy, as follows:

"46-3-51.

(a) The legislature finds that it is in the public interest to:

(1) Encourage private investment in renewable energy resources;

(2) Stimulate the economic growth of Georgia; and

(3) Enhance the continued diversification of the energy resources used in Georgia.

(b) The General Assembly further finds and declares that a program to provide distributed generation for eligible cogenerators is a way to encourage private investment in renewable energy resources, stimulate in-state economic growth, enhance the continued diversification of this state's energy resource mix, and reduce interconnection and administrative costs. It is the intent of the General Assembly that investment in, and implementation of, distributed generation and cogeneration shall be governed by this Georgia Cogeneration and Distributed Generation Act, as amended from time to time."

SECTION 2.

Said article is further amended by revising paragraphs (4) and (5) of Code Section 46-3-52, relating to definitions, as follows:

"(4) 'Customer generator' means the owner and operator of a distributed generation facility a customer who utilizes the electrical energy from a distributed generation facility, whether the customer finances the distributed generation facility by purchase, lease, loan, or other form of financing, including a power purchase agreement.

(5) 'Distributed generation facility' means a facility owned and operated by a customer of the electric service provider provided by or for a customer generator for the production of electrical energy that:

(A) Uses a solar Photovoltaic photovoltaic system,; fuel cell; generator fueled by biomass, municipal solid waste, landfill gas, hydropower;, or wind turbine;

(B) Has a peak generating capacity of not more than 10kw for a residential application and 100kw for a commercial application;

(C) Is located on the customer's premises;

(D)(C) Operates in parallel with the electric service provider's distribution facilities;

(E)(D) Is connected Connected to the electric service provider's distribution system on either side of the electric service provider's meter; and

(F)(E) Is intended primarily to offset part or all of the customer generator's requirements for electricity."

SECTION 3.

Said article is further amended by revising Code Section 46-3-54, relating to electric service providers and rates and fees of electric service providers, as follows:

"46-3-54.

An electric service provider:

(1) Shall make either bidirectional metering or single directional metering available to customer generators depending on how the distributed generation facility is connected to the distribution system of the electric service provider;

(2) Shall enter into a written agreement with the customer generator to charge the customer generator the a commercially reasonable rate established by the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, for metering services;

(3) In setting the fees for metering service, the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, will shall include the direct costs associated with interconnecting or administering metering services or distributed generation facilities and will shall not allocate these costs among the utility's entire customer base; and

(4) In establishing such a fee for metering services, the electric service provider shall not charge the customer generator any standby, capacity, interconnection, or other fee or charge, other than a monthly service charge, unless agreed to by the customer generator or approved by the commission, in the case of an electric utility, or the appropriate governing body, in the case of any other electric service provider or electric supplier;

(5) Shall not charge a customer generator any monthly fee or standby charge or require any equipment, insurance, or any other requirement unless the fee, charge, or requirement shall apply to other similarly situated customers who are not customer generators; and

(6) In all cases, shall reasonably conform any and all charges or fees imposed on a customer generator to the actual cost of providing the service for which the charges or fees are imposed."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.