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H.R.3037
Renewable Energy and Energy Efficiency Investment Act of 2001
(Introduced in House)
SEC. 7. NET METERING.
(a) AMENDMENT OF PURPA - The
Public Utility Regulatory Polices Act of 1978 is amended by adding the
following new section after section 214:
`SEC. 215. NET METERING.
`(a) DEFINITIONS- For purposes of this section--
`(1) The term `eligible on-site generating facility' means a facility on
the site of a residential electric consumer with a maximum generating
capacity of 100 kilowatts or less that is fueled by solar or wind energy or
a facility on the site of a commercial electric consumer with a maximum
generating capacity of 250 kilowatts or less that is fueled solely by a
renewable energy resource.
`(2) The term `renewable energy resource' means solar energy, wind
energy, biomass, and fuel cells.
`(3) The term `net metering service' means service to an electric
consumer under which electricity generated by that consumer from an eligible
on-site generating facility and delivered to the distribution system through
the same meter through which purchased electricity is received may be used
to offset the cost of electricity provided by the retail electric supplier
to the electric consumer during the applicable billing period so that an
electric consumer is billed only for the net electricity consumed during the
billing period, but in no event shall the net be less than zero during any
calendar year.
`(b) REQUIREMENT TO PROVIDE NET METERING SERVICE- Each retail electric
supplier shall make available upon request net metering service to any retail
electric consumer that the supplier currently serves or solicits for
service.
`(1) IDENTICAL CHARGES- A retail electric supplier--
`(A) shall charge the owner or operator of an on-site generating
facility rates and charges that are identical to those that would be
charged other retail electric customers of the electric company in the
same rate class; and
`(B) shall not charge the owner or operator of an on-site generating
facility any additional standby, capacity, interconnection, or other rate
or charge.
`(2) MEASUREMENT- A retail electric supplier that supplies electricity
to the owner or operator of an on-site generating facility shall measure the
quantity of electricity produced by the on-site facility and the quantity of
electricity consumed by the owner or operator of an on-site generating
facility during a billing period in accordance with normal metering
practices.
`(3) ELECTRICITY SUPPLIED EXCEEDING ELECTRICITY GENERATED- If the
quantity of electricity supplied by a retail electric supplier during a
billing period exceeds the quantity of electricity generated by an on-site
generating facility and fed back to the electric distribution system during
the billing period, the supplier may bill the owner or operator for the net
quantity of electricity supplied by the retail electric supplier, in
accordance with normal metering practices.
`(4) ELECTRICITY GENERATED EXCEEDING ELECTRICITY SUPPLIED- If the
quantity of electricity generated by an on-site generating facility during a
billing period exceeds the quantity of electricity supplied by the retail
electric supplier during the billing period--
`(A) the retail electric supplier may bill the owner or operator of
the on-site generating facility for the appropriate charges for the
billing period in accordance with paragraph (2); and
`(B) the owner or operator of the on-site generating facility shall be
credited for the excess kilowatt-hours generated during the billing
period, with the kilowatt-hour credit appearing on the bill for the
following billing period.
`(5) UNUSED CREDITS- At the beginning of each calendar year, any unused
kilowatt-hour credits accumulated by an owner or operator of an on-site
generating facility during the previous calendar year shall expire without
compensation to the owner or operator of an on-site generating
facility.
`(d) SAFETY AND PERFORMANCE STANDARDS- (1) An eligible on-site generating
facility and net metering system used by a retail electric consumer shall meet
all applicable safety, performance, reliability, and interconnection standards
established by the National Electrical Code, the Institute of Electrical and
Electronics Engineers, and Underwriters Laboratories.
`(2) The Commission, after consultation with State regulatory authorities
and nonregulated local distribution systems and after notice and opportunity
for comment, may adopt, by rule, additional control and testing requirements
for on-site generating facilities and net metering systems that the Commission
determines are necessary to protect public safety and system reliability.
`(e) INTERCONNECTION STANDARDS- (1) The Commission shall promulgate
regulations requiring that the owners or operators of eligible on-site
generating facilities and net metering systems comply with uniform national
standards, consistent with this section, for the physical connection between
such facilities and systems and local distribution systems. At the election of
the owner or operator of the generation facility concerned connections meeting
such standards may be made--
`(A) by such owner or operator at such owner's or operator's expense,
or
`(B) by the owner or operator of the local distribution system upon the
request of the owner or operator of the generating facility and pursuant to
an offer by the owner or operator of the generating facility to reimburse
the local distribution system in an amount equal to the minimum cost of such
connection, consistent with the procurement procedures of the State in which
the facility is located.
Such standards shall be consistent with all applicable safety and
performance standards established by the national electrical code, the
Institute of Electrical and Electronics Engineers, or Underwriters
Laboratories and with such additional safety and reliability standards as the
Commission shall, by rule, prescribe.
`(2) The regulations under this section shall establish such measures for
the safety and reliability of the affected equipment and local distribution
systems as may be appropriate.
`(f) STATE AUTHORITY- This section does not preclude a State from imposing
additional requirements consistent with the requirements in this section,
including the imposition of a cap limiting the amount of net metering
available in the State. Nothing in this Act or any other Federal law preempts
or otherwise affects authority under State law to require a retail electric
supplier to make available net metering service to a retail electric consumer
which the supplier serves or offers to serve.'.
(c) TABLE OF CONTENTS- The table of contents for title II of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 and following) is
amended by adding the following at the end thereof:
`Sec. 215. Net metering.'.
SEC. 8. DISCLOSURE REQUIREMENTS.
(a) DEFINITIONS- In this section:
(1) EMISSIONS DATA- The term `emissions data' means the type and amount
of each pollutant emitted or released by a generation facility in generating
electricity.
(2) GENERATION DATA- The term `generation data' means the type of fuel
(such as coal, oil, nuclear energy, or solar power) used by a generation
facility to generate electricity.
(b) DISCLOSURE SYSTEM- The Secretary shall establish a system of
disclosure that--
(1) enables retail consumers to knowledgeably compare retail electric
service offerings, including comparisons based on generation source
portfolios, emissions data, and price terms; and
(2) considers such factors as--
(A) cost of implementation;
(B) confidentiality of information; and
(c) REGULATION- Not later than March 1, 2002, the Secretary, in
consultation with the Board, and with the assistance of a Federal interagency
task force that includes representatives of the Commission, the Federal Trade
Commission, the Food and Drug Administration, and the Environmental Protection
Agency, shall promulgate a regulation prescribing--
(1) the form, content, and frequency of disclosure of emissions data and
generation data of electricity by generation facilities to electricity
wholesalers or retail companies and by wholesalers to retail
companies;
(2) the form, content, and frequency of disclosure of emissions data,
generation data, and the price of electricity by retail companies to
ultimate consumers; and
(3) the form, content, and frequency of disclosure of emissions data,
generation data, and the price of electricity by generation facilities
selling directly to ultimate consumers.
(d) ACCESS TO RECORDS- The Secretary shall have full access to the records
of all generation facilities, electricity wholesalers, and retail companies to
obtain any information necessary to administer and enforce this section.
(e) FAILURE TO DISCLOSE- The failure of a retail company to accurately
disclose information as required by this section shall be treated as a
deceptive act in commerce under section 5 of the Federal Trade Commission Act
(15 U.S.C. 45).
(f) REGULATIONS- The Secretary may promulgate such regulations, conduct
such investigations, and take such other actions as are necessary or
appropriate to implement and obtain compliance with this section and
regulations promulgated under this section.
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