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HB 227 (BR 1031) - J. Gooch Jr., M. Castlen, L. Brown, J. Greer, S. Santoro

     AN ACT relating to net metering.
    Amend KRS 278.465 to redefine "net metering"; amend KRS 278.466 to set the rate of compensation for an eligible customer-generator for electricity produced that flows to the retail supplier to be equal to the most recently approved rate by the Public Service Commission for the retail electric supplier to purchase electricity on an as-available basis from qualifying facilities with design capacities of 100 kilowatts or less; allow the retail electric supplier discretion to either carry forward or pay out the customer for excess generation during a billing period; create an exemption for customer-generators taking net metering service on July 15, 2018, to allow those customers to keep their current net metering contract or tariff rate calculation until they cease to take net metering service at the eligible premises or July 15, 2043, whichever comes first; specify that the exemption does not apply to lessees, successors, assigns, or subsequent owners of eligible premises.


AMENDMENTS

     HCS1 - Retain original provisions; allow lessees, successors, or assignees of eligible customer-generators, as well as subsequent owners of premises owned by eligible customer generators taking net metering service on July 15, 2018, to maintain the same net metering rates as the eligible customer generator until July 14, 2043, or until they stop taking net metering service.
     HFA1( J. DuPlessis ) - Restore original language that net metering be calculated over a billing period instead of during a billing period; specify that eligible customer generators be compensated for excess electricity generated over the course of the previous 30 days.
     HFA2( J. DuPlessis ) - Restore original language that net metering be calculated over a billing period instead of during a billing period; specify that eligible customer generators be compensated for excess electricity generated over the course of the previous 30 days.
     HFA3( J. DuPlessis ) - Delete original provisions; create a new section of KRS 278.465 to 278.468 to allow retail electric suppliers to charge an additional net metering fee not to exceed $15 per month to eligible customer generators to ensure that they are equitably contributing to the recovery of the retail electric supplier's fixed costs; do not require Public Service Commission approval for imposition of the net metering fee; prohibit the use of excess generation credits to be applied toward the net metering fee; amend KRS 278.466 to allow eligible customer generators to request that they be paid for excess generation during a billing period; require that eligible customer generators be compensated at the wholesale electric rate if they have excess generation over the previous 12 months until they no longer have excess generation over the previous 12 months; exempt eligible customer generators taking net metering service on July 15, 2019, and their lessees, successors, assignees, and subsequent owners from wholesale rate change requirement until July 14, 2043; EFFECTIVE July 15, 2019.
     HFA4( J. DuPlessis ) - Delete original provisions; create a new section of KRS 278.465 to 278.468 to allow retail electric suppliers to charge an additional net metering fee not to exceed $15 per month to eligible customer generators to ensure that they are equitably contributing to the recovery of the retail electric supplier's fixed costs; do not require Public Service Commission approval for imposition of the net metering fee; prohibit the use of excess generation credits to be applied toward the net metering fee; amend KRS 278.466 to allow eligible customer generators to request that they be paid for excess generation during a billing period; require that eligible customer generators be compensated at the wholesale electric rate if they have excess generation over the previous 12 months until they no longer have excess generation over the previous 12 months; exempt eligible customer generators taking net metering service on July 15, 2019, and their lessees, successors, assignees, and subsequent owners from wholesale rate change requirement until July 14, 2043; EFFECTIVE July 15, 2019.
     HFA5( T. Couch ) - Delete section amending KRS 278.465.
     HFA6( T. Couch ) - Delete section amending KRS 278.465.
     HFA7( J. Stewart III ) - Amend the date of the exemption for existing net metering customer-generators from July 15, 2018, to October 21, 2018; create an effective date of October 21, 2018, for the Act.
     HFA8( J. Stewart III ) - Amend the date of the exemption for existing net metering customer-generators from July 15, 2018, to October 21, 2018; create an effective date of October 21, 2018, for the Act.
     HFA9( J. Stewart III ) - Require the retail electric supplier, upon request of the eligible customer-generator, to compensate the customer for excess electricity generated during a billing period either in credits toward to the next bill or in cash, check, or equivalent.
     HFA10( J. Stewart III ) - Require a retail electric supplier, upon request of an eligible customer-generator, to compensate the customer for excess electricity generated during a billing period either in credits toward the next bill or in cash, check, or equivalent.
     HFA11( P. Moffett ) - Allow lessees, successors, or assignees of eligible customer-generators as well as subsequent owners of premises with eligible electric generating facilities to maintain the same net metering rates as the eligible customer generator taking net metering service on July 15, 2018, until July 14, 2043, as long as the eligible generating facility continues to operate on that premises; require retail electric suppliers to pay eligible customer generators in cash for the full value of the credits once they accrue over $500 in credits or if they close their net metering account.
     HFA12( P. Moffett ) - Allow lessees, successors, or assignees of eligible customer-generators as well as subsequent owners of premises with eligible electric generating facilities to maintain the same net metering rates as the eligible customer generator taking net metering service on July 15, 2018, until July 14, 2043, as long as the eligible generating facility continues to operate on that premises; require retail electric suppliers to pay eligible customer generators in cash for the full value of the credits once they accrue over $500 in credits or if they close their net metering account.
     HFA13( D. Elliott ) - Change the effective date of the Act to July 15, 2019; make conforming changes.
     HFA14( D. Elliott ) - Change the effective date of the Act to July 15, 2019; make conforming changes.
     HFA15( K. Flood ) - Delete original provisions; create a new section of KRS 278.465 to 278.468 to authorize retail electric suppliers to charge a net metering fee with Public Service Commission approval; require the fee to be reasonably calculated to ensure that eligible customer-generators are equitably contributing to the retail electric supplier's fixed costs; prohibit an eligible customer-generator from applying excess generation credits toward the fee; only allow application of the fee to eligible customer-generators who begin participating in net metering after the effective date of the Act; require the Public Service Commission to open an administrative case within 90 days of the effective date of the Act to evaluate whether the fee is necessary; require all retail suppliers to be made party to the case unless they opt out; require the Public Service Commission to approve a net metering fee if it finds that the proposed amount is reasonably necessary to recover the retail electric supplier's fixed costs from an eligible customer-generator; prohibit the fee to be applied to subsequent purchasers of property from exempt eligible customer-generators as long as the eligible facility continues in service at the premises; retain the commission's jurisdiction to review the fee; amend KRS 278.466 to conform.
     HFA16( K. Flood ) - Delete original provisions; create a new section of KRS 278.465 to 278.468 to authorize retail electric suppliers to charge a net metering fee with Public Service Commission approval; require the fee to be reasonably calculated to ensure that eligible customer-generators are equitably contributing to the retail electric supplier's fixed costs; prohibit an eligible customer-generator from applying excess generation credits toward the fee; only allow application of the fee to eligible customer-generators who begin participating in net metering after the effective date of the Act; require the Public Service Commission to open an administrative case within 90 days of the effective date of the Act to evaluate whether the fee is necessary; require all retail suppliers to be made party to the case unless they opt out; require the Public Service Commission to approve a net metering fee if it finds that the proposed amount is reasonably necessary to recover the retail electric supplier's fixed costs from an eligible customer-generator; prohibit the fee to be applied to subsequent purchasers of property from exempt eligible customer-generators as long as the eligible facility continues in service at the premises; retain the commission's jurisdiction to review the fee; amend KRS 278.466 to conform.
     HFA17( D. Keene ) - Require the Public Service Commission to study whether and to what extent eligible customer-generators participating in net metering shift costs to nonparticipating customers; require the Public Service Cmomission to submit its findings and recommendations to the Legislative Research Commission by December 1, 2018.
     HFA18( D. Keene ) - Require the Public Service Commission to study whether and to what extent eligible customer-generators participating in net metering shift costs to nonparticipating customers; require the Public Service Cmomission to submit its findings and recommendations to the Legislative Research Commission by December 1, 2018.
     HFA19( J. DuPlessis ) - Delete original provisions; create a new section of KRS 278.465 to 278.468 to allow retail electric suppliers to charge an additional net metering fee not to exceed $15 per month to eligible customer-generators who begin net metering service on or after January 1, 2019, to ensure that they are equitably contributing to the recovery of the retail electric supplier's fixed costs; do not require Public Service Commission approval for the initial imposition of the net metering fee; prohibit the use of excess generation credits to be applied toward the net metering fee; beginning on January 1, 2022, and every three years thereafter, require the Public Service Commission to open an administrative case to evaluate whether the net metering fee results in an equitable contribution to a retail electric supplier's fixed costs by eligible customer-generators who begin participating in net metering after the effective date of the Act; require all retail electric suppliers to be made party to the case if they are charging a net metering fee; require the commission to approve maintaining a net metering fee if it finds that the proposed amount is reasonably necessary to recover the retail electric supplier's fixed costs from an eligible customer-generator and to change it if not; amend KRS 278.466 to allow retail electric suppliers the discretion to pay eligible customer generator for excess generation during a billing period; require that eligible customer-generators be compensated at the wholesale electric rate if they have excess generation over the previous 12 months until they no longer have excess generation over the previous 12 months; exempt eligible customer-generators taking net metering service on January 1, 2019, and their lessees, successors, assignees, and subsequent owners from wholesale rate change requirement until July 15, 2038; EFFECTIVE January 1, 2019.
     HFA20( J. DuPlessis ) - Delete original provisions; create a new section of KRS 278.465 to 278.468 to allow retail electric suppliers to charge an additional net metering fee not to exceed $15 per month to eligible customer generators who begin net metering service on or after January 1, 2019, to ensure that they are equitably contributing to the recovery of the retail electric supplier's fixed costs; do not require Public Service Commission approval for the initial imposition of the net metering fee; prohibit the use of excess generation credits to be applied toward the net metering fee; beginning on January 1, 2022, and every three years thereafter, require the Public Service Commission to open an administrative case to evaluate whether the net metering fee results in an equitable contribution to a retail electric supplier's fixed costs by eligible customer-generators who begin participating in net metering after the effective date of the Act; require all retail electric suppliers to be made party to the case if they are charging a net metering fee; require the commission to approve maintaining a net metering fee if it finds that the proposed amount is reasonably necessary to recover the retail electric supplier's fixed costs from an eligible customer-generator and to change it if not; amend KRS 278.466 to allow retail electric suppliers the discretion to pay eligible customer generator for excess generation during a billing period; require that eligible customer generators be compensated at the wholesale electric rate if they have excess generation over the previous 12 months until they no longer have excess generation over the previous 12 months; exempt eligible customer generators taking net metering service on January 1, 2019, and their lessees, successors, assignees, and subsequent owners from wholesale rate change requirement until July 15, 2038; EFFECTIVE January 1, 2019.
     HFA21( J. Gooch Jr. ) - Change the effective date of the Act to January 1, 2019; make conforming changes.
     HFA22( J. Gooch Jr. ) - Change the effective date of the Act to January 1, 2019; make conforming changes.

     Jan 22, 2018 - introduced in House; to Natural Resources & Energy (H); posted in committee
     Feb 08, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute; floor amendmentst (2), (4), and (6) filed to Committee Substitute and floor amendments (1), (3) and (5) filed to Bill
     Feb 09, 2018 - 2nd reading, to Rules; floor amendments (8), (9), (12), (14) and (16) filed to Committee Substitute and floor amendments (7), (10), (11), (13) and (15) filed to Bill
     Feb 13, 2018 - floor amendments (3) and (4) withdrawn; floor amendments (18) and (20) filed to Committee Substitute, floor amendments (17) and (19) filed to Bill
     Feb 15, 2018 - floor amendment (21) filed to bill and floor amendment (22) filed to Committee Substitute
     Feb 16, 2018 - posted for passage in the Regular Orders of the Day for Tuesday, February 20, 2018