HB 741 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to net metering; amending s. 366.91, 2
F.S.; revising and providing legislative findings 3
relating to the redesign of net metering to avoid 4
cross-subsidization of electric service costs between 5
classes of ratepayers; requiring the Public Service 6
Commission to propose new net metering rules that 7
comply with specified criteria by a certain date; 8
authorizing certain customers who own or lease 9
renewable generation before a specified date to remain 10
under the existing net metering rules for a specified 11
time; providing applicability; requiring certain 12
public utilities to provide a specified report to the 13
commission; providing an effective date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Subsections (6) through (9) of section 366.91, 18
Florida Statutes, are renumbered as subsections (7) through 19
(10), respectively, subsections (1) and present (7) of that 20
section are amended, and a new subsection (6) is added to that 21
section, to read: 22
366.91 Renewable energy. — 23
(1) The Legislature finds that : 24
(a) It is in the public interest to continue promote the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
development of renewable energy resources in this state in a 26
manner that is fair and equitable to all public utility 27
customers. Renewable energy resources have the potential to help 28
diversify fuel types to meet Florida's growing dependency on 29
natural gas for electric production, minimize the volatility of 30
fuel costs, encourage investment within the state, improve 31
environmental conditions, and make Florida a leader in new and 32
innovative technologies. The development and maturation of the 33
solar energy industry, the substantial decline in the cost of 34
solar panels, and the increa se in customer-owned and leased 35
renewable generation support the redesign of net metering by the 36
commission. 37
(b) Customer-owned and leased renewable generation are not 38
available to many public utility customers who lack the 39
financial resources to purchas e or lease rooftop solar panels or 40
who reside in multitenant buildings. The substantial growth of 41
customer-owned and leased renewable generation has resulted in 42
increased cross-subsidization of the full cost of electric 43
service onto the public utility's ge neral body of ratepayers. 44
Therefore, the redesigned net metering rate structures required 45
in paragraph (6)(a) must ensure that public utility customers 46
who own or lease renewable generation pay the full cost of 47
electric service and are not cross -subsidized by the public 48
utility's general body of ratepayers. 49
(6)(a) On or before January 1, 2023, the commission shall 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
propose a revised net metering rule that complies with the 51
following criteria: 52
1. The net metering rate structures and billing must 53
ensure that public utility customers owning or leasing renewable 54
generation pay the full cost of electric service and are not 55
subsidized by the public utility's general body of ratepayers. 56
2. The net metering must ensure that all energy delivered 57
by the public utility is purchased at the public utility's 58
applicable retail rate and that all energy delivered by the 59
customer-owned or leased renewable generation to the public 60
utility is credited to the customer at the public utility's full 61
avoided costs. 62
3. The net metering may include fixed charges, including 63
base facilities charges, electric grid access fees, or monthly 64
minimum bills, to help ensure that the public utility recovers 65
the fixed costs of serving customers who engage in net metering 66
and that the general body of public utility ratepayers do not 67
subsidize customer-owned or leased generation. 68
(b) Any public utility customer who owns or leases 69
renewable generation that is in service before January 1, 2023, 70
pursuant to a standard interconnection agreement o ffered by a 71
public utility, shall be granted 10 years to continue to use the 72
net metering rate design and rates that applied before the 73
revised net metering rule was adopted under paragraph (a). This 74
paragraph applies to customers who purchase or lease re al 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
property upon which customer -owned or leased renewable 76
generation is installed for all or part of that 10 -year period. 77
(c) The commission shall require a public utility 78
requesting a change in base rates under s. 366.06 to report to 79
the commission the impact of net metering on the public 80
utility's revenues and cost of service. 81
(8)(7) Under the provisions of subsections (5) and (7)(6), 82
when a utility purchases power generated from biogas produced by 83
the anaerobic digestion of agricultural waste, includ ing food 84
waste or other agricultural byproducts, net metering shall be 85
available at a single metering point or as a part of conjunctive 86
billing of multiple points for a customer at a single location, 87
so long as the provision of such service and its associa ted 88
charges, terms, and other conditions are not reasonably 89
projected to result in higher cost electric service to the 90
utility's general body of ratepayers or adversely affect the 91
adequacy or reliability of electric service to all customers, as 92
determined by the commission for public utilities, or as 93
determined by the governing authority of the municipal electric 94
utility or rural electric cooperative that serves at retail. 95
Section 2. This act shall take effect July 1, 2022. 96