Florida Senate - 2022                      CS for CS for SB 1024
       By the Committees on Community Affairs; and Regulated
       Industries; and Senator Bradley
       578-02849-22                                          20221024c2
    1                        A bill to be entitled                      
    2         An act relating to renewable energy generation;
    3         amending s. 163.04, F.S.; authorizing certain entities
    4         to prohibit the installation of solar collectors under
    5         certain circumstances; amending s. 366.91, F.S.;
    6         revising and providing legislative findings relating
    7         to the redesign of net metering to avoid cross
    8         subsidization of electric service costs between
    9         classes of ratepayers; requiring the Public Service
   10         Commission to propose new net metering rules that
   11         comply with specified criteria by a certain date;
   12         authorizing certain customers who own or lease
   13         renewable generation before a specified date to remain
   14         under the existing net metering rules for a specified
   15         time; providing applicability; requiring certain
   16         public utilities to provide a specified report to the
   17         commission; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (2) of section 163.04, Florida
   22  Statutes, is amended to read:
   23         163.04 Energy devices based on renewable resources.—
   24         (2) A deed restriction, covenant, declaration, or similar
   25  binding agreement may not prohibit or have the effect of
   26  prohibiting solar collectors, clotheslines, or other energy
   27  devices based on renewable resources from being installed on
   28  buildings erected on the lots or parcels covered by the deed
   29  restriction, covenant, declaration, or binding agreement. A
   30  property owner may not be denied permission to install solar
   31  collectors or other energy devices by any entity granted the
   32  power or right in any deed restriction, covenant, declaration,
   33  or similar binding agreement to approve, forbid, control, or
   34  direct alteration of property with respect to residential
   35  dwellings and within the boundaries of a condominium unit. Such
   36  entity may:
   37         (a) Determine the specific location where solar collectors
   38  may be installed on the roof within an orientation to the south
   39  or within 45 degrees 45° east or west of due south if such
   40  determination does not impair the effective operation of the
   41  solar collectors; and
   42         (b) Prohibit the installation of solar collectors in
   43  locations beyond the parameters specified in paragraph (a).
   44         Section 2. Present subsections (6) through (9) of section
   45  366.91, Florida Statutes, are redesignated as subsections (7)
   46  through (10), respectively, a new subsection (6) is added to
   47  that section, and subsection (1) and present subsection (7) of
   48  that section are amended, to read:
   49         366.91 Renewable energy.—
   50         (1) The Legislature finds that:
   51         (a) It is in the public interest to continue promote the
   52  development of renewable energy resources in this state in a
   53  manner that is fair and equitable to all public utility
   54  customers. Renewable energy resources have the potential to help
   55  diversify fuel types to meet Florida’s growing dependency on
   56  natural gas for electric production, minimize the volatility of
   57  fuel costs, encourage investment within the state, improve
   58  environmental conditions, and make Florida a leader in new and
   59  innovative technologies. The development and maturation of the
   60  solar energy industry, the substantial decline in the cost of
   61  solar panels, and the increase in customer-owned and -leased
   62  renewable generation support the redesign of net metering by the
   63  commission.
   64         (b)Customer-owned and -leased renewable generation are not
   65  available to many public utility customers who lack the
   66  financial resources to purchase or lease rooftop solar panels or
   67  who reside in multitenant buildings. The substantial growth of
   68  customer-owned and -leased renewable generation has resulted in
   69  increased cross-subsidization of the full cost of electric
   70  service onto the public utility’s general body of ratepayers.
   71  Therefore, the redesigned net metering rate structures required
   72  in paragraph (6)(a) must ensure that public utility customers
   73  who own or lease renewable generation pay the full cost of
   74  electric service and are not cross-subsidized by the public
   75  utility’s general body of ratepayers.
   76         (6)(a)On or before January 1, 2023, the commission shall
   77  propose a revised net metering rule that complies with the
   78  following criteria:
   79         1.The net metering rate structures and billing must ensure
   80  that public utility customers owning or leasing renewable
   81  generation pay the full cost of electric service and are not
   82  subsidized by the public utility’s general body of ratepayers.
   83         2.The net metering must ensure that all energy delivered
   84  by the public utility is purchased at the public utility’s
   85  applicable retail rate and that all energy delivered by the
   86  customer-owned or -leased renewable generation to the public
   87  utility is credited to the customer as follows:
   88         a.During calendar years 2024 and 2025, the credit is 75
   89  percent of the public utility’s retail rate.
   90         b.During calendar years 2026 and 2027, the credit is 50
   91  percent of the public utility’s retail rate.
   92         c.During calendar year 2028, the credit is the public
   93  utility’s full avoided costs.
   94         3.The net metering may include fixed charges, including
   95  base facilities charges, electric grid access fees, or monthly
   96  minimum bills, to help ensure that the public utility recovers
   97  the fixed costs of serving customers who engage in net metering
   98  and that the general body of public utility ratepayers does not
   99  subsidize customer-owned or -leased renewable generation.
  100         (b)Any public utility customer who owns or leases
  101  renewable generation that is in service before January 1, 2023,
  102  pursuant to a standard interconnection agreement offered by a
  103  public utility shall be granted 20 years to continue to use the
  104  net metering rate design and rates that applied before the
  105  revised net metering rule was adopted under paragraph (a). This
  106  paragraph applies to customers who purchase or lease real
  107  property upon which customer-owned or -leased renewable
  108  generation is installed for all or part of that 20-year period.
  109         (c)The commission shall require a public utility
  110  requesting a change in base rates under s. 366.06 to report to
  111  the commission the impact of net metering on the public
  112  utility’s revenues and cost of service.
  113         (8)(7) Under the provisions of subsections (5) and (7) (6),
  114  when a utility purchases power generated from biogas produced by
  115  the anaerobic digestion of agricultural waste, including food
  116  waste or other agricultural byproducts, net metering shall be
  117  available at a single metering point or as a part of conjunctive
  118  billing of multiple points for a customer at a single location,
  119  so long as the provision of such service and its associated
  120  charges, terms, and other conditions are not reasonably
  121  projected to result in higher cost electric service to the
  122  utility’s general body of ratepayers or adversely affect the
  123  adequacy or reliability of electric service to all customers, as
  124  determined by the commission for public utilities, or as
  125  determined by the governing authority of the municipal electric
  126  utility or rural electric cooperative that serves at retail.
  127         Section 3. This act shall take effect July 1, 2022.