Subtitle I Residential Renewable Energy Generation

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1 ARP0 AMENDMENT NO.llll Calendar No.lll Purpose: To protect residential renewable energy customers from abusive rate changes. IN THE SENATE OF THE UNITED STATES th Cong., d Sess. S. 0 To provide for the modernization of the energy policy of the United States, and for other purposes. Referred to the Committee on llllllllll and ordered to be printed Ordered to lie on the table and to be printed AMENDMENT intended to be proposed by Mr. KING (for himself and Mr. REID) to the amendment (No. ) proposed by Ms. MURKOWSKI Viz: 0 At the end of title III, add the following: Subtitle I Residential Renewable Energy Generation SEC. 0. EXISTING ON-SITE GENERATING CUSTOMERS. (a) IN GENERAL. Section (d) of the Public Utility Regulatory Policies Act of ( U.S.C. (d)) is amended by adding at the end the following: (0) CONSUMER PROTECTIONS FOR ON-SITE GENERATING FACILITIES. (A) STANDARD. Once an electric consumer has been offered and has accepted net

2 ARP0 0 0 metering service as described in paragraph () from an electric utility, the State regulatory authority with ratemaking authority over the electric utility and the electric utility may not change the rate classification of the consumer unless the State regulatory authority or electric utility, as applicable, demonstrates, in an evidentiary hearing in a general rate case, that the current and future net benefits of the net metered system to the distribution, transmission, and generation systems of the electric utility are less than the full retail rate. (B) RESTRICTION. A State regulatory authority or electric utility may not impose a new or higher rate (such as a new fee or demand charge) on an existing electric consumer taking net metering service as described in paragraph () from an electric utility unless the new or higher rate is also charged to all electric consumers in the same rate class of the electric utility. (C) EFFECT. Nothing in this paragraph prevents an electric utility from charging rates to each rate class designed to recover all rea-

3 ARP0 sonable costs to the electric utility of providing service to the electric consumers in that class.. (b) COMPLIANCE. Section (b) of the Public Util- ity Regulatory Policies Act of ( U.S.C. (b)) is amended by adding at the end the following: () Before changing the rate classification of, or imposing a new or higher rate on, an existing electric consumer taking net metering service as de- scribed in section (d)(), a State regulatory au- 0 thority (with respect to each electric utility for which the authority has ratemaking authority) or a non- regulated electric utility shall, with respect to the standard established by paragraph (0) of section (d) (A) conduct a hearing and complete the consideration required under that paragraph; and (B) make the determination referred to in section with respect to the standard estab- 0 lished by paragraph (0) of section (d).. SEC. 0. DISTRIBUTED ENERGY RESOURCES. (a) IN GENERAL. Section (d) of the Public Utility Regulatory Policies Act of ( U.S.C. (d)) (as amended by section 0(a)) is amended by adding at the end the following:

4 ARP0 0 0 () DISTRIBUTED ENERGY RESOURCES. (A) DEFINITION OF DISTRIBUTED EN- ERGY RESOURCE. In this paragraph, the term distributed energy resource means an electric energy supply resource, technology, or service that (i) is interconnected to the distribution system of an electric utility; and (ii) supplies electric energy to the distribution system by generating or storing energy. (B) REQUIREMENT. If a State regulatory authority considers, through a rate proceeding or another mechanism (such as consideration of fixed or minimum charges or any other mechanism described in subparagraph (C)), modifying the treatment of future net energy metering customers, the State regulatory authority shall take into account the considerations in subparagraph (C). (C) CONSIDERATIONS. The considerations referred to in subparagraph (B) include (i) pricing for energy (I) sold to an electric utility; or

5 ARP0 (II) purchased from an electric utility; (ii) capacity; (iii) the provision of ancillary serv- ices; (iv) the societal value of distributed energy resources; (v) transmission and distribution losses; and 0 (vi) any other benefits that the State regulatory authority considers to be appro- priate.. (b) COMPLIANCE. Section (b) of the Public Util- ity Regulatory Policies Act of ( U.S.C. (b)) (as amended by section 0(b)) is amended by adding at the end the following: () Before considering, through a rate pro- ceeding or other mechanism, modifying the treat- ment of any future net metering customer, a State 0 regulatory authority (with respect to each electric utility for which the authority has ratemaking au- thority) or a nonregulated electric utility shall, with respect to the standard established by paragraph () of section (d)

6 ARP0 (A) conduct a hearing and complete the consideration required under that paragraph; and (B) make the determination referred to in section with respect to the standard established by paragraph () of section (d)..

IN THE SENATE OF THE UNITED STATES 114th Cong., 1st Sess. H. R. 3594

AMENDMENT NO.llll Purpose: In the nature of a substitute. Calendar No.lll IN THE SENATE OF THE UNITED STATES th Cong., st Sess. H. R. To extend temporarily the Federal Perkins Loan program, and for other