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HB 227 (BR 1031) - J. Gooch Jr., M. Castlen, L. Brown, J. Greer, B. Linder, 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.
     HCS2 - Retain original provisions; require the Public Service Commission to set the compensation rate for eligible customer-generators according the ratemaking processes in KRS Chapter 278; specify that retail electric suppliers are entitled to implement rates to recover all costs from eligible customer-generators for providing service to them, including fixed and demand-based costs, and regardless of rates for non-participating customers; 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 December 31, 2018, to maintain the same net metering rates as the eligible customer generator until December 31, 2043, or until they stop taking net metering service; EFFECTIVE January 1, 2019.
     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.
     HFA23( 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 those premises; retain the commission's jurisdiction to review the fee; amend KRS 278.466 to conform; EFFECTIVE January 1, 2019.
     HFA24( 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 those premises; retain the commission's jurisdiction to review the fee; amend KRS 278.466 to conform; EFFECTIVE January 1, 2019.
     HFA25( 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.
     HFA26( 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.
     HFA27/P( R. Nelson ) - Create a new section of KRS Chapter 278 to place a cap on the amount that an electric utility can bill for a basic service charge.
     HFA28/P( R. Nelson ) - Create a new section of KRS Chapter 278 to place a cap on the amount that an electric utility can bill for a basic service charge.
     HFA29( R. Nelson ) - Make title amendment.
     HFA30( J. DuPlessis ) - Change references from "during" a billing period to "over" a billing period in the definition of "net metering"; specify that the changes to compensation only apply to excess generation from an eligible customer-generator that commences net metering service after January 1, 2019, and that the excess generation rate shall be set by the Public Service Commission according to the ratemaking processes of KRS Chapter 278; specifiy that netting is calculated over the course of a billing period; specify that other changes made to net metering calculation and compensation only apply to eligible customer-generators who begin taking net metering service after January 1, 2019; specify that eligible customer-generators and their assigns and successors in interest shall continue to be compensated on a one-to-one basis at the retail rate for all electricity they generate, including excess generation, until they stop taking net metering service at the eligible premises or December 31, 2043, whichever is earlier.
     SCS1 - Retain provisions of HB 227/GA; change references from "during" a billing period to "over" a billing period in the definition of "net metering"; specify that the ratemaking process to set the amount of compensation for electricity produced by eligible customer-generators be initiated by a retail electric supplier or generation and transmission cooperative on behalf of one or more retail electric suppliers; remove the retail electric suppliers' ability to make cash payments to eligible customer-generators for excess generation; reinstate language prohibiting the transfer of excess generation credits between customers or premises; prohibit eligible customer-generators who close their net metering accounts from receiving any cash refund for accumulated excess generation credits; require the net metering tariff provisions for eligible customer generators in place when they started taking net metering service to remain in effect for 25 years for eligible generating facilities, beginning on the effective date of the initial net metering compensation rate change made by the Public Service Commission; specify that eligible customer-generators shall be subject to all changes in energy rates, rate structures, and monthly charges as nonparticipating customers during that 25 year period; specify that eligible customer-generator installations are transferable to other persons at the same premises; amend KRS 278.467 to conform.
     SFA1( M. McGarvey ) - Require the Public Service Commission to determine costs and measurable benefits when setting the net metering compensation rate using the ratemaking processes under KRS Chapter 278.

     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
     Feb 20, 2018 - floor amendments (23) filed to HFA 21, (24) filed to HFA 22, (25) filed to Bill, (26) filed to Committee Substitute
     Feb 21, 2018 - floor amendments (27) filed to Bill, (28) filed to Committee Substitute, floor amendment (29-title) filed
     Feb 27, 2018 - taken from the Orders of the Day; recommitted to Natural Resources & Energy (H)
     Mar 14, 2018 - reported favorably, to Rules with Committee Substitute (2); posted for passage in the Regular Orders of the Day for Wednesday, March 14, 2018; floor amendment (30) filed to Committee Substitute (2); 3rd reading, passed 49-45 with Committee Substitute (2)
     Mar 15, 2018 - received in Senate
     Mar 16, 2018 - to Natural Resources & Energy (S)
     Mar 19, 2018 - taken from Natural Resources & Energy (S); 1st reading; returned to Natural Resources & Energy (S)
     Mar 20, 2018 - taken from Natural Resources & Energy (S); 2nd reading; returned to Natural Resources & Energy (S)
     Mar 29, 2018 - reported favorably, to Rules with Committee Substitute (1); floor amendment (1) filed to Committee Substitute
     Apr 13, 2018 - posted for passage in the Regular Orders of the Day for Friday, April 13, 2018; passed over and retained in the Orders of the Day
     Apr 14, 2018 - taken from the Orders of the Day; recommitted to Natural Resources & Energy (S)