Florida Senate - 2022                                    SB 1024
       By Senator Bradley
       5-00845-22                                            20221024__
    1                        A bill to be entitled                      
    2         An act relating to net metering; amending s. 366.91,
    3         F.S.; revising and providing legislative findings
    4         relating to the redesign of net metering to avoid
    5         cross-subsidization of electric service costs between
    6         classes of ratepayers; requiring the Public Service
    7         Commission to propose new net metering rules that
    8         comply with specified criteria by a certain date;
    9         authorizing certain customers who own or lease
   10         renewable generation before a specified date to remain
   11         under the existing net metering rules for a specified
   12         time; providing applicability; requiring certain
   13         public utilities to provide a specified report to the
   14         commission; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Present subsections (6) through (9) of section
   19  366.91, Florida Statutes, are redesignated as subsections (7)
   20  through (10), respectively, a new subsection (6) is added to
   21  that section, and subsection (1) and present subsection (7) of
   22  that section are amended, to read:
   23         366.91 Renewable energy.—
   24         (1) The Legislature finds that:
   25         (a) It is in the public interest to continue promote the
   26  development of renewable energy resources in this state in a
   27  manner that is fair and equitable to all public utility
   28  customers. Renewable energy resources have the potential to help
   29  diversify fuel types to meet Florida’s growing dependency on
   30  natural gas for electric production, minimize the volatility of
   31  fuel costs, encourage investment within the state, improve
   32  environmental conditions, and make Florida a leader in new and
   33  innovative technologies. The development and maturation of the
   34  solar energy industry, the substantial decline in the cost of
   35  solar panels, and the increase in customer-owned and -leased
   36  renewable generation support the redesign of net metering by the
   37  commission.
   38         (b)Customer-owned and -leased renewable generation are not
   39  available to many public utility customers who lack the
   40  financial resources to purchase or lease rooftop solar panels or
   41  who reside in multitenant buildings. The substantial growth of
   42  customer-owned and -leased renewable generation has resulted in
   43  increased cross-subsidization of the full cost of electric
   44  service onto the public utility’s general body of ratepayers.
   45  Therefore, the redesigned net metering rate structures required
   46  in paragraph (6)(a) must ensure that public utility customers
   47  who own or lease renewable generation pay the full cost of
   48  electric service and are not cross-subsidized by the public
   49  utility’s general body of ratepayers.
   50         (6)(a)On or before January 1, 2023, the commission shall
   51  propose a revised net metering rule that complies with the
   52  following criteria:
   53         1.The net metering rate structures and billing must ensure
   54  that public utility customers owning or leasing renewable
   55  generation pay the full cost of electric service and are not
   56  subsidized by the public utility’s general body of ratepayers.
   57         2.The net metering must ensure that all energy delivered
   58  by the public utility is purchased at the public utility’s
   59  applicable retail rate and that all energy delivered by the
   60  customer-owned or -leased renewable generation to the public
   61  utility is credited to the customer at the public utility’s full
   62  avoided costs.
   63         3.The net metering may include fixed charges, including
   64  base facilities charges, electric grid access fees, or monthly
   65  minimum bills, to help ensure that the public utility recovers
   66  the fixed costs of serving customers who engage in net metering
   67  and that the general body of public utility ratepayers does not
   68  subsidize customer-owned or -leased renewable generation.
   69         (b)Any public utility customer who owns or leases
   70  renewable generation that is in service before January 1, 2023,
   71  pursuant to a standard interconnection agreement offered by a
   72  public utility, shall be granted 10 years to continue to use the
   73  net metering rate design and rates that applied before the
   74  revised net metering rule was adopted under paragraph (a). This
   75  paragraph applies to customers who purchase or lease real
   76  property upon which customer-owned or -leased renewable
   77  generation is installed for all or part of that 10-year period.
   78         (c)The commission shall require a public utility
   79  requesting a change in base rates under s. 366.06 to report to
   80  the commission the impact of net metering on the public
   81  utility’s revenues and cost of service.
   82         (8)(7) Under the provisions of subsections (5) and (7) (6),
   83  when a utility purchases power generated from biogas produced by
   84  the anaerobic digestion of agricultural waste, including food
   85  waste or other agricultural byproducts, net metering shall be
   86  available at a single metering point or as a part of conjunctive
   87  billing of multiple points for a customer at a single location,
   88  so long as the provision of such service and its associated
   89  charges, terms, and other conditions are not reasonably
   90  projected to result in higher cost electric service to the
   91  utility’s general body of ratepayers or adversely affect the
   92  adequacy or reliability of electric service to all customers, as
   93  determined by the commission for public utilities, or as
   94  determined by the governing authority of the municipal electric
   95  utility or rural electric cooperative that serves at retail.
   96         Section 2. This act shall take effect July 1, 2022.