HOUSE BILL No. 4880

September 17, 2015, Introduced by Reps. Irwin, Robinson, Hovey-Wright, Sarah Roberts, Dianda, Cochran, McBroom and Inman and referred to the Committee on Energy Policy.

 

     A bill to amend 2008 PA 295, entitled

 

"Clean, renewable, and efficient energy act,"

 

(MCL 460.1001 to 460.1195) by adding sections 177a and 178.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 177a. Both of the following apply to net metering

 

customers with eligible electric generators not capable of

 

generating 500 kilowatts or more:

 

     (a) The customers qualify for true net metering.

 

     (b) The credit per kilowatt hour for kilowatt hours delivered

 

into the utility's distribution system shall be the customer's

 

retail rate, or for net metering customers on a time-based rate

 

schedule, the customer's retail rate during the time-of-use pricing

 

period.

 

     Sec. 178. (1) An electric provider may apply for commission

 

approval for an alternative rate that compensates a customer


through a bill credit for the value to the electric provider, its

 

customers, and society for operating a distributed generation

 

resource that is not capable of generating 500 kilowatts or more

 

and that is interconnected to the system and operated by the

 

customer primarily for meeting the customer's own energy needs. If

 

the commission approves the alternative rate, it applies to a

 

customer interconnection occurring after the date of approval. The

 

alternative rate is in lieu of the applicable rate under section

 

177(4) or any other rate under this part.

 

     (2) The commission shall, after notice and opportunity for

 

public comment, approve the alternative rate if the electric

 

provider has proposed a plan to establish and implement an

 

alternative rate that meets all of the following:

 

     (a) Appropriately applies the methodology established by the

 

commission under subsection (4).

 

     (b) Includes a mechanism to allow recovery of the cost of

 

serving customers who are compensated at the alternative rate.

 

     (c) Charges the customer for all electricity consumed by the

 

customer at the applicable rate schedule for the electric

 

provider's sales to that class of customer.

 

     (d) Credits the customer for all electricity generated by the

 

distributed generation device at the alternative rate established

 

under this subsection.

 

     (e) Applies the charges and credits in subdivisions (c) and

 

(d) to a monthly bill and applies the unused portion of the credit

 

in any month or billing period to be carried forward and credited

 

against all the electric provider's charges. If the customer has a

 


positive balance after the 12-month cycle ending on the last day in

 

January, that credit balance is paid to the customer at the

 

alternative rate and the 12-month credit cycle restarts with the

 

next billing period.

 

     (f) Complies with any applicable size limit specified in this

 

part.

 

     (g) Complies with the interconnection requirements under

 

section 173.

 

     (h) Complies with the standby charge requirements established

 

by the commission for net metering customers.

 

     (3) A provider shall provide to the customer the meter and any

 

other equipment needed to provide service under the alternative

 

rate.

 

     (4) The commission shall establish a distributed generation

 

value methodology for use in subsection (2)(a) not later than 180

 

days after the effective date of the amendatory act that added this

 

section. When developing the distributed generation value

 

methodology, the commission shall consult stakeholders with

 

experience and expertise in power systems, renewable energy, and

 

electric provider ratemaking regarding the proposed methodology,

 

underlying assumptions, and preliminary data.

 

     (5) The distributed generation value methodology established

 

by the commission shall, at a minimum, account for the value of

 

energy and its delivery, generation capacity, transmission

 

capacity, transmission and distribution line losses, and

 

environmental value. The commission may, based on known and

 

measurable evidence of the cost or benefit of distributed

 


generation operation to the electric provider, incorporate other

 

values into the methodology, including credit for locally

 

manufactured or assembled energy systems, systems installed at

 

high-value locations on the distribution grid, or other factors.

 

     (6) The credit for distributed generation value applied to

 

alternative rates approved under this section shall represent the

 

present value of the future revenue streams of the value components

 

identified pursuant to subsection (4) and in subsection (5).

 

     (7) The electric provider shall recalculate the alternative

 

rate every 2 years, and shall file the recalculated alternative

 

rate with the commission for approval.

 

     (8) Renewable energy credits for energy from distributed

 

generation that is subject to this section belong to the electric

 

provider.

 

     (9) The commission shall not authorize an electric provider to

 

use an alternative rate that is lower than the electric provider's

 

applicable retail rate until 3 years after the commission approves

 

an alternative rate for the electric provider.

 

     (10) A electric provider shall enter into a contract with an

 

owner of a distributed generation device receiving an alternative

 

rate under this section for a minimum of 20 years, unless a shorter

 

term is agreed to by the parties.

 

     (11) An owner of a distributed generation device receiving an

 

alternative rate under this section shall be paid the same rate per

 

kilowatt-hour generated each year for the term of the contract.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 


     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 98th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. _____ or House Bill No. 4881 (request

 

no. 02967'15 *).

 

     (b) Senate Bill No. _____ or House Bill No. 4879 (request

 

no. 02968'15 *).