Bill Text: OR HB2968 | 2013 | Regular Session | Introduced
Bill Title: Relating to net metering.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2968 Detail]
Download: Oregon-2013-HB2968-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3159
House Bill 2968
Sponsored by COMMITTEE ON ENERGY AND ENVIRONMENT
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Limits amount of fee or charge that electric utility may impose
on customer-generator for offsetting costs related to
interconnection and administration.
Makes changes to provisions governing circumstances in which
customer-generator feeds back to electric utility more
electricity than electric utility supplies customer-generator.
Specifies that provisions governing net metering apply to
nonresidential net metering facilities that have generating
capacity of two megawatts or less.
Allows net metering facility to connect to electric utility's
distribution system without anti-islanding equipment if net
metering facility is certified as complying with UL 1741
Inverters, Converters, and Controllers for Use in Independent
Power Systems (January 2001).
A BILL FOR AN ACT
Relating to net metering; creating new provisions; and amending
ORS 757.300.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 757.300 is amended to read:
757.300. (1) As used in this section:
(a) 'Customer-generator' means a user of a net metering
facility.
(b) 'Electric utility' means a public utility, a people's
utility district operating under ORS chapter 261, a municipal
utility operating under ORS chapter 225 or an electric
cooperative organized under ORS chapter 62.
(c) 'Net metering' means measuring the difference between the
electricity supplied by an electric utility and the electricity
generated by a customer-generator and fed back to the electric
utility over the applicable billing period.
(d) 'Net metering facility' means a facility for the production
of electrical energy that:
(A) Generates electricity using solar power, wind power, fuel
cells, hydroelectric power, landfill gas, digester gas, waste,
dedicated energy crops available on a renewable basis or
low-emission, nontoxic biomass based on solid organic fuels from
wood, forest or field residues;
(B) Is located on the customer-generator's premises;
(C) Can operate in parallel with an electric utility's existing
transmission and distribution facilities; and
(D) Is intended primarily to offset part or all of the
customer-generator's requirements for electricity.
(2) An electric utility that offers residential and commercial
electric service:
(a) Shall allow net metering facilities to be interconnected
using a standard meter that is capable of registering the flow of
electricity in two directions.
(b) May at its own expense install one or more additional
meters to monitor the flow of electricity in each direction.
(c) { + Except as authorized by paragraph (d) of this
subsection, + } may not charge a customer-generator a fee or
charge that would increase the customer-generator's minimum
monthly charge to an amount greater than that of other customers
in the same rate class as the customer-generator.
{ - However, - }
{ + (d)(A) Subject to subparagraphs (B) and (C) of this
paragraph, + }the Public Utility Commission, for a public
utility, or the governing body, for a municipal electric utility,
electric cooperative or people's utility district, may authorize
an electric utility to assess a greater fee or charge, of any
type, if the electric utility's direct costs of interconnection
and administration of the net metering outweigh the distribution
system, environmental and public policy benefits of allocating
such costs among the electric utility's entire customer base.
{ + (B) A fee or charge assessed under this paragraph may not
exceed:
(i) If the fee or charge is assessed on a monthly basis, five
percent of the net metering facility's monthly energy offset, or
an amount equal to the value of five percent of the net metering
facility's monthly energy offset, as measured under subsection
(3) of this section; or
(ii) If the fee or charge is assessed on a one-time basis, half
of the net metering facility's estimated annual energy offset, or
an amount equal to the value of half of the net metering
facility's estimated annual energy offset, as measured under
subsection (3) of this section.
(C) + }The commission may authorize a public utility to assess
a greater fee or charge under this paragraph only following
notice and opportunity for public comment. The governing body of
a municipal electric utility, electric cooperative or people's
utility district may assess a greater fee or charge under this
paragraph only following notice and opportunity for comment from
the customers of the utility, cooperative or district.
(3)(a) For a customer-generator, an electric utility shall
measure the net electricity produced or consumed during the
billing period in accordance with normal metering practices.
(b) If an electric utility supplies a customer-generator more
electricity than the customer-generator feeds back to the
electric utility during a billing period, the electric utility
shall charge the customer-generator for the net electricity that
the electric utility supplied.
(c) Except as provided in paragraph (d) of this subsection, if
a customer-generator feeds back to an electric utility more
electricity than the electric utility supplies the
customer-generator during a billing period, the electric utility
may charge the minimum monthly charge described in subsection (2)
of this section but must { - credit the customer-generator for
the excess kilowatt-hours generated during the billing period. An
electric utility may value the excess kilowatt-hours at the
avoided cost of the utility, as determined by the commission or
the appropriate governing body. An electric utility that values
the excess kilowatt-hours at the avoided cost shall bear the cost
of measuring the excess kilowatt-hours, issuing payments and
billing for the excess hours. The electric utility also shall
bear the cost of providing and installing additional metering to
measure the reverse flow of electricity. - } { + carry forward
the excess kilowatt-hours generated during the billing period to
the subsequent billing period for use by the customer-generator.
Kilowatt-hours carried forward under this paragraph and not used
by the customer-generator during a subsequent billing period must
be carried forward until the end of the billing cycle described
in paragraph (d) of this subsection. Excess kilowatt-hours
credited to the customer-generator and used by the
customer-generator during a subsequent billing period must be
valued at the retail rate in effect for electricity during the
billing period in which the excess electricity was generated. + }
(d) For the billing cycle ending in March of each year, or on
such other date as agreed to by the electric utility and the
customer-generator, any remaining unused kilowatt-hour credit
accumulated during the previous year shall be granted to the
electric utility for distribution to customers enrolled in the
electric utility's low-income assistance programs, credited to
the customer-generator or dedicated for other use as determined
by the commission, for a public utility, or the governing body,
for a municipal electric utility, electric cooperative or
people's utility district, following notice and opportunity for
public comment.
(4)(a) A net metering facility shall meet all applicable safety
and performance standards established in the state building code.
The standards shall be consistent with the applicable standards
established by the National Electrical Code, the Institute of
Electrical and Electronics Engineers and Underwriters
Laboratories or other similarly accredited laboratory.
(b) Following notice and opportunity for public comment, the
commission, for a public utility, or the governing body, for a
municipal electric utility, electric cooperative or people's
utility district, may adopt additional control and testing
requirements for customer-generators to protect public safety or
system reliability.
(c) An electric utility may not require a customer-generator
whose net metering facility meets the standards in paragraphs (a)
and (b) of this subsection to comply with additional safety or
performance standards, perform or pay for additional tests or
purchase additional liability insurance. However, an electric
utility shall not be liable directly or indirectly for permitting
or continuing to allow an attachment of a net metering facility,
or for the acts or omissions of the customer-generator that cause
loss or injury, including death, to any third party.
(5) Nothing in this section is intended to prevent an electric
utility from offering, or a customer-generator from accepting,
products or services related to the customer-generator's net
metering facility that are different from the net metering
services described in this section.
(6) The commission, for a public utility, or the governing
body, for a municipal electric utility, electric cooperative or
people's utility district, may not limit the cumulative
generating capacity of solar, wind, fuel cell and
microhydroelectric net metering systems to less than one-half of
one percent of a utility's, cooperative's or district's historic
single-hour peak load. After a cumulative limit of one-half of
one percent has been reached, the obligation of a public utility,
municipal electric utility, electric cooperative or people's
utility district to offer net metering to a new
customer-generator may be limited by the commission or governing
body in order to balance the interests of retail customers. When
limiting net metering obligations under this subsection, the
commission or the governing body shall consider the environmental
and other public policy benefits of net metering systems. The
commission may limit net metering obligations under this
subsection only following notice and opportunity for public
comment. The governing body of a municipal electric utility,
electric cooperative or people's utility district may limit net
metering obligations under this subsection only following notice
and opportunity for comment from the customers of the utility,
cooperative or district.
(7) The commission or the governing body may adopt rules or
ordinances to ensure that the obligations and costs associated
with net metering apply to all power suppliers within the service
territory of a public utility, municipal electric utility,
electric cooperative or people's utility district.
(8) This section applies only to { + :
(a) Residential + } net metering facilities that have a
generating capacity of 25 kilowatts or less, except that the
commission by rule may provide for a higher limit for customers
of a public utility { - . - } { + ; and
(b) Nonresidential net metering facilities that have a
generating capacity of two megawatts or less. + }
(9) Notwithstanding subsections (2) to (8) of this section, an
electric utility serving fewer than 25,000 customers in Oregon
that has its headquarters located in another state and offers net
metering services or a substantial equivalent offset against
retail sales in that state shall be deemed to be in compliance
with this section if the electric utility offers net metering
services to its customers in Oregon in accordance with tariffs,
schedules and other regulations promulgated by the appropriate
authority in the state where the electric utility's headquarters
are located.
SECTION 2. { + An electric utility, as defined in ORS 757.300,
shall allow a net metering facility, as defined in ORS 757.300,
to connect to the electric utility's distribution system without
the need for additional anti-islanding equipment, such as a
manual disconnect switch, if the net metering facility is
certified as complying with standards published in UL 1741
Inverters, Converters, and Controllers for Use in Independent
Power Systems (January 2001). + }
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