Title: Renewable Energy

Summary: Authorizes specified entities to install & operate renewable energy source devices on certain structures where business operates; authorizes owner to sell electricity generated from device to certain businesses; authorizes electric utility to install & operate renewable energy source device on structure where business operates & sell electricity to business or others; authorizes electric utility to recover certain costs; authorizes customers to challenge certain fees.

Full Text:
An act relating to renewable energy; amending s. 366.91, F.S.; authorizing an owner of a commercial or industrial business or a contracted third party to install, maintain, and operate a renewable energy source device on or about the structure within which the business operates or on a property owned or leased by the business; authorizing the owner or contracted third party to sell electricity generated from the device to certain businesses regardless of whether the device is located in an electric utility's service territory; providing applicability; authorizing utilities to recover the full actual cost of providing services to an energy-producing business or its customers under certain circumstances; authorizing a utility to install, maintain, and operate certain renewable energy source devices; exempting from regulation the sales of electricity produced by the devices authorizing customers to challenge such cost recovery and receive refunds following a successful challenge; clarifying the eligibility requirements of certain energy rebate or incentive programs established by law; authorizing the Florida Public Service Commission to adopt rules; providing an effective date. HB 1077 2015 Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (9) is added to section 366.91, Florida Statutes, to read: 366.91 Renewable energy.-(9)(a) An owner of a business or a contracted third party may install, maintain, and operate any type of renewable energy source device on or about the structure within which the business operates or on any property owned or leased by the business. The business owner or the contracted third party may sell the electricity gen erated from the device to a business that is on the same parcel as the structure or on a parcel contiguous to the parcel on which the structure is located. Such sale is not a retail sale of electricity and does not subject the energy-producing business to regulation under this chapter. (b) A business entity is not required to purchase the electricity produced pursuant to paragraph (a) directly or indirectly, or by lease or other contractual arrangement. (c) If the energy-producing business or its custom ers require additional related services from a electric utility, such as backup generation capacity or transmission services, the electric utility may recover the actual cost of providing these services. (d) An electric utility may enter into a contract with a business to install, maintain, and operate any type of renewable energy source device on or about the structure within which the HB 1077 2015 business operates and to sell the electricity generated from the device to that business if is on the same parcel as the structure or on a parcel contiguous to the parcel on which the structure is located. Such sale is a not retail sale and is not subject to regulation under this chapter. (e) If the commission determines that the level of reduction in electricity purchase sby customers using renewable energy source devices under this section is significant enough to adversely impact the rates charged to other customers in the rate territory, the commission may approve a request from an electric utility to recover the utili ty's costs of providing capacity, generation, and distribution of the electricity needs of all customers, including customers using a renewable energy source device. The cost recovered must include an appropriate amount of fixed costs to avoid the adverse impact and may be assessed only to the business owner and customers receiving electricity from a renewable energy source under this section. The cost-recovery elements that are intended to recover the fixed costs of capacity, generation, and distribution of electricity must be based on actual costs or on projected costs, must be approved by the commission by a super majority of the entire commission, and are subject to true-up. A customer may challenge the cost recovery established pursuant to this paragrap hby filing with the commission a petition for a determination of whether the costs recovered are excessive. Upon a determination by the commission of any excessive cost HB 1077 2015 recovery, the customer must be refunded any excess funds collected by the electric uti lity. (f) For purposes of this section, any renewable energy rebate or incentive program established in law is the sole property of the owner of the renewable energy source device, and the customer of any electricity sale pursuant to this section may not receive the rebate or incentive unless the customer has ownership of the renewable energy source device. (g) The commission may adopt rules to provide guidance, requirements, and procedures to ensure that each electric utility continues to recover costs,including the costs of providing reliable and adequate electricity for operational and emergency purposes. Section 2. This act shall take effect July 1, 2015.