Hawaii 2025 Regular Session

Hawaii Senate Bill SB133 Compare Versions

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1-THE SENATE S.B. NO. 133 THIRTY-THIRD LEGISLATURE, 2025 S.D. 2 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ENERGY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+THE SENATE S.B. NO. 133 THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO ENERGY. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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33 THE SENATE S.B. NO. 133
4-THIRTY-THIRD LEGISLATURE, 2025 S.D. 2
4+THIRTY-THIRD LEGISLATURE, 2025 S.D. 1
55 STATE OF HAWAII
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77 THE SENATE
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99 S.B. NO.
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1111 133
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1313 THIRTY-THIRD LEGISLATURE, 2025
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15+S.D. 1
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1717 STATE OF HAWAII
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2020
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3131 A BILL FOR AN ACT
3232
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3737 RELATING TO ENERGY.
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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4646
47- SECTION 1. The legislature finds that despite its goal to achieve a one hundred per cent renewable energy portfolio standard by 2045, the State continues to depend heavily upon imported petroleum for its energy needs, using approximately the same amount of fossil fuel for electricity generation in 2020 as 2010, falling short of its ambitious renewable energy goals. The legislature further finds that the production of clean electricity may be encouraged if state facilities, as producers and sellers of clean electricity, are allowed to engage in intragovernmental wheeling. Wheeling occurs when electric power is transmitted from one generator of renewable energy to users of renewable energy over the existing transmission lines of a third-party electric public utility. Through wheeling, users of renewable energy, specifically state facilities, could acquire clean electricity generated by another state facility and transmitted through utility lines owned and maintained by an existing electric utility to other state agencies. Accordingly, the purpose of this Act is to authorize state facilities to wheel electricity that is produced from renewable energy sources to other state facilities, pursuant to administrative rules or orders established by the public utilities commission. SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§269- Wheeling; renewable energy; state facility; rules. (a) A state facility may engage in wheeling of electricity produced at its own facility from renewable sources. (b) No later than December 31, 2026, if determined to be in the public interest, the public utilities commission shall establish, by rule or order, policies and procedures to implement wheeling pursuant to subsection (a). (c) The public utilities commission shall evaluate the need to adopt customer protection measures and may disallow a wheeling project if the commission determines that the project is: (1) Detrimental to the safe and reliable operation of an electric grid; (2) Detrimental to other customers, including whether other customers would be required to subsidize the wheeling agreement; or (3) Not in the public interest. (d) For the purposes of this section, "wheeling" means the transmission of electric power from one state facility's point of generation to the facilities of other state agencies over the existing transmission lines of a third-party electric public utility." SECTION 3. Section 269-1, Hawaii Revised Statutes, is amended by amending the definition of "public utility" to read as follows: ""Public utility": (1) Includes every person who may own, control, operate, or manage as owner, lessee, trustee, receiver, or otherwise, whether under a franchise, charter, license, articles of association, or otherwise, any plant or equipment, or any part thereof, directly or indirectly for public use for the transportation of passengers or freight; for the conveyance or transmission of telecommunications messages; for the furnishing of facilities for the transmission of intelligence by electricity within the State or between points within the State by land, water, or air; for the production, conveyance, transmission, delivery, or furnishing of light, power, heat, cold, water, gas, or oil; for the storage or warehousing of goods; or for the disposal of sewage; provided that the term shall include: (A) An owner or operator of a private sewer company or sewer facility; and (B) A telecommunications carrier or telecommunications common carrier; and (2) Shall not include: (A) An owner or operator of an aerial transportation enterprise; (B) An owner or operator of a taxicab as defined in this section; (C) Common carriers that transport only freight on the public highways, unless operating within localities, along routes, or between points that the public utilities commission finds to be inadequately serviced without regulation under this chapter; (D) Persons engaged in the business of warehousing or storage unless the commission finds that regulation is necessary in the public interest; (E) A carrier by water to the extent that the carrier enters into private contracts for towage, salvage, hauling, or carriage between points within the State; provided that the towing, salvage, hauling, or carriage is not pursuant to either an established schedule or an undertaking to perform carriage services on behalf of the public generally; (F) A carrier by water, substantially engaged in interstate or foreign commerce, that transports passengers on luxury cruises between points within the State or on luxury round-trip cruises returning to the point of departure; (G) Any user, owner, or operator of the Hawaii electric system as defined under section 269-141; (H) A telecommunications provider only to the extent determined by the public utilities commission pursuant to section 269-16.9; (I) Any person who controls, operates, or manages plants or facilities developed pursuant to chapter 167 for conveying, distributing, and transmitting water for irrigation and other purposes for public use and purpose; (J) Any person who owns, controls, operates, or manages plants or facilities for the reclamation of wastewater; provided that: (i) The services of the facility are provided pursuant to a service contract between the person and a state or county agency and at least ten per cent of the wastewater processed is used directly by the state or county agency that entered into the service contract; (ii) The primary function of the facility is the processing of secondary treated wastewater that has been produced by a municipal wastewater treatment facility owned by a state or county agency; (iii) The facility does not make sales of water to residential customers; (iv) The facility may distribute and sell recycled or reclaimed water to entities not covered by a state or county service contract; provided that, in the absence of regulatory oversight and direct competition, the distribution and sale of recycled or reclaimed water shall be voluntary and its pricing fair and reasonable. For purposes of this subparagraph, "recycled water" and "reclaimed water" means treated wastewater that by design is intended or used for a beneficial purpose; and (v) The facility is not engaged, either directly or indirectly, in the processing of food wastes; (K) Any person who owns, controls, operates, or manages any seawater air conditioning district cooling project; provided that at least fifty per cent of the energy required for the seawater air conditioning district cooling system is provided by a renewable energy resource, such as cold, deep seawater; (L) Any person who owns, controls, operates, or manages plants or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion; (M) Any person who: (i) Owns, controls, operates, or manages a renewable energy system that is located on a customer's property; and (ii) Provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to the customer on whose property the renewable energy system is located; provided that, for purposes of this subparagraph, a customer's property shall include all contiguous property owned or leased by the customer without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, and utility rights-of-way; and (N) Any person who owns, controls, operates, or manages a renewable energy system that is located on [such] the person's property and provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to lessees or tenants on the person's property where the renewable energy system is located; provided that: (i) An interconnection, as defined in section 269-141, is maintained with an electric public utility to preserve the lessees' or tenants' ability to be served by an electric utility; (ii) [Such] The person does not use an electric public utility's transmission or distribution lines to provide, sell, or transmit electricity to lessees or tenants; (iii) At the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission; (iv) The rate schedule or formula shall be established for the duration of the lease, and the lease agreement entered into by the lessee or tenant shall reflect [such] the rate schedule or formula; (v) The lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and (vi) The lease agreement shall disclose: (1) the rate schedule or formula for the duration of the lease agreement; (2) that, at the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission; (3) that the lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and (4) whether the lease is contingent upon the purchase of electricity from the renewable energy system; provided further that any disputes concerning the requirements of this provision shall be resolved pursuant to the provisions of the lease agreement or chapter 521, if applicable[; and (vii) Nothing in this section shall be construed to permit wheeling]. If the application of this chapter is ordered by the commission in any case provided in paragraph (2)(C), (D), (H), and (I), the business of any public utility that presents evidence of bona fide operation on the date of the commencement of the proceedings resulting in the order shall be presumed to be necessary to the public convenience and necessity, but any certificate issued under this proviso shall nevertheless be subject to terms and conditions as the public utilities commission may prescribe, as provided in sections 269-16.9 and 269-20." SECTION 4. The public utilities commission shall submit a report of its findings and recommendations on wheeling as authorized pursuant to this Act, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2050.
47+ SECTION 1. The legislature finds that despite its goal to achieve a one hundred per cent renewable energy portfolio standard by 2045, the State continues to depend heavily upon imported petroleum for its energy needs, using approximately the same amount of fossil fuel for electricity generation in 2020 as 2010, falling short of its ambitious renewable energy goals. The legislature further finds that the production of clean electricity may be encouraged if state facilities, as producers and sellers of clean electricity, are allowed to engage in intragovernmental wheeling. Wheeling occurs when electric power is transmitted from one generator of renewable energy to users of renewable energy over the existing transmission lines of a third-party electric public utility. Through wheeling, users of renewable energy, specifically state facilities, could acquire clean electricity generated by another state facility and transmitted through utility lines owned and maintained by an existing electric utility to other state agencies. Accordingly, the purpose of this Act is to authorize state facilities to wheel electricity that is produced from renewable energy sources to other state facilities, pursuant to administrative rules established by the public utilities commission. SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§269- Wheeling; renewable energy; state facility; rules. (a) A state facility may engage in wheeling of electricity produced at its own facility from renewable sources. (b) No later than December 31, 2025, the public utilities commission shall establish, by rule or order, policies and procedures to implement wheeling pursuant to subsection (a). (c) The public utilities commission shall evaluate the need to adopt customer protection measures and may disallow a wheeling project if the commission determines that the project is: (1) Detrimental to the safe and reliable operation of an electric grid; (2) Detrimental to other customers, including whether other customers would be required to subsidize the wheeling agreement; or (3) Not in the public interest. (d) For the purposes of this section, "wheeling" means the transmission of electric power from one state facility's point of generation to the facilities of other state agencies over the existing transmission lines of a third-party electric public utility." SECTION 3. Section 269-1, Hawaii Revised Statutes, is amended by amending the definition of "public utility" to read as follows: ""Public utility": (1) Includes every person who may own, control, operate, or manage as owner, lessee, trustee, receiver, or otherwise, whether under a franchise, charter, license, articles of association, or otherwise, any plant or equipment, or any part thereof, directly or indirectly for public use for the transportation of passengers or freight; for the conveyance or transmission of telecommunications messages; for the furnishing of facilities for the transmission of intelligence by electricity within the State or between points within the State by land, water, or air; for the production, conveyance, transmission, delivery, or furnishing of light, power, heat, cold, water, gas, or oil; for the storage or warehousing of goods; or for the disposal of sewage; provided that the term shall include: (A) An owner or operator of a private sewer company or sewer facility; and (B) A telecommunications carrier or telecommunications common carrier; and (2) Shall not include: (A) An owner or operator of an aerial transportation enterprise; (B) An owner or operator of a taxicab as defined in this section; (C) Common carriers that transport only freight on the public highways, unless operating within localities, along routes, or between points that the public utilities commission finds to be inadequately serviced without regulation under this chapter; (D) Persons engaged in the business of warehousing or storage unless the commission finds that regulation is necessary in the public interest; (E) A carrier by water to the extent that the carrier enters into private contracts for towage, salvage, hauling, or carriage between points within the State; provided that the towing, salvage, hauling, or carriage is not pursuant to either an established schedule or an undertaking to perform carriage services on behalf of the public generally; (F) A carrier by water, substantially engaged in interstate or foreign commerce, that transports passengers on luxury cruises between points within the State or on luxury round-trip cruises returning to the point of departure; (G) Any user, owner, or operator of the Hawaii electric system as defined under section 269-141; (H) A telecommunications provider only to the extent determined by the public utilities commission pursuant to section 269-16.9; (I) Any person who controls, operates, or manages plants or facilities developed pursuant to chapter 167 for conveying, distributing, and transmitting water for irrigation and other purposes for public use and purpose; (J) Any person who owns, controls, operates, or manages plants or facilities for the reclamation of wastewater; provided that: (i) The services of the facility are provided pursuant to a service contract between the person and a state or county agency and at least ten per cent of the wastewater processed is used directly by the state or county agency that entered into the service contract; (ii) The primary function of the facility is the processing of secondary treated wastewater that has been produced by a municipal wastewater treatment facility owned by a state or county agency; (iii) The facility does not make sales of water to residential customers; (iv) The facility may distribute and sell recycled or reclaimed water to entities not covered by a state or county service contract; provided that, in the absence of regulatory oversight and direct competition, the distribution and sale of recycled or reclaimed water shall be voluntary and its pricing fair and reasonable. For purposes of this subparagraph, "recycled water" and "reclaimed water" means treated wastewater that by design is intended or used for a beneficial purpose; and (v) The facility is not engaged, either directly or indirectly, in the processing of food wastes; (K) Any person who owns, controls, operates, or manages any seawater air conditioning district cooling project; provided that at least fifty per cent of the energy required for the seawater air conditioning district cooling system is provided by a renewable energy resource, such as cold, deep seawater; (L) Any person who owns, controls, operates, or manages plants or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion; (M) Any person who: (i) Owns, controls, operates, or manages a renewable energy system that is located on a customer's property; and (ii) Provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to the customer on whose property the renewable energy system is located; provided that, for purposes of this subparagraph, a customer's property shall include all contiguous property owned or leased by the customer without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, and utility rights-of-way; and (N) Any person who owns, controls, operates, or manages a renewable energy system that is located on [such] the person's property and provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to lessees or tenants on the person's property where the renewable energy system is located; provided that: (i) An interconnection, as defined in section 269-141, is maintained with an electric public utility to preserve the lessees' or tenants' ability to be served by an electric utility; (ii) [Such] The person does not use an electric public utility's transmission or distribution lines to provide, sell, or transmit electricity to lessees or tenants; (iii) At the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission; (iv) The rate schedule or formula shall be established for the duration of the lease, and the lease agreement entered into by the lessee or tenant shall reflect [such] the rate schedule or formula; (v) The lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and (vi) The lease agreement shall disclose: (1) the rate schedule or formula for the duration of the lease agreement; (2) that, at the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission; (3) that the lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and (4) whether the lease is contingent upon the purchase of electricity from the renewable energy system; provided further that any disputes concerning the requirements of this provision shall be resolved pursuant to the provisions of the lease agreement or chapter 521, if applicable[; and (vii) Nothing in this section shall be construed to permit wheeling]. If the application of this chapter is ordered by the commission in any case provided in paragraph (2)(C), (D), (H), and (I), the business of any public utility that presents evidence of bona fide operation on the date of the commencement of the proceedings resulting in the order shall be presumed to be necessary to the public convenience and necessity, but any certificate issued under this proviso shall nevertheless be subject to terms and conditions as the public utilities commission may prescribe, as provided in sections 269-16.9 and 269-20." SECTION 4. The public utilities commission shall submit a report of its findings and recommendations on wheeling as authorized pursuant to this Act, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval.
4848
4949 SECTION 1. The legislature finds that despite its goal to achieve a one hundred per cent renewable energy portfolio standard by 2045, the State continues to depend heavily upon imported petroleum for its energy needs, using approximately the same amount of fossil fuel for electricity generation in 2020 as 2010, falling short of its ambitious renewable energy goals.
5050
5151 The legislature further finds that the production of clean electricity may be encouraged if state facilities, as producers and sellers of clean electricity, are allowed to engage in intragovernmental wheeling. Wheeling occurs when electric power is transmitted from one generator of renewable energy to users of renewable energy over the existing transmission lines of a third-party electric public utility. Through wheeling, users of renewable energy, specifically state facilities, could acquire clean electricity generated by another state facility and transmitted through utility lines owned and maintained by an existing electric utility to other state agencies.
5252
53- Accordingly, the purpose of this Act is to authorize state facilities to wheel electricity that is produced from renewable energy sources to other state facilities, pursuant to administrative rules or orders established by the public utilities commission.
53+ Accordingly, the purpose of this Act is to authorize state facilities to wheel electricity that is produced from renewable energy sources to other state facilities, pursuant to administrative rules established by the public utilities commission.
5454
5555 SECTION 2. Chapter 269, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
5656
5757 "§269- Wheeling; renewable energy; state facility; rules. (a) A state facility may engage in wheeling of electricity produced at its own facility from renewable sources.
5858
59- (b) No later than December 31, 2026, if determined to be in the public interest, the public utilities commission shall establish, by rule or order, policies and procedures to implement wheeling pursuant to subsection (a).
59+ (b) No later than December 31, 2025, the public utilities commission shall establish, by rule or order, policies and procedures to implement wheeling pursuant to subsection (a).
6060
6161 (c) The public utilities commission shall evaluate the need to adopt customer protection measures and may disallow a wheeling project if the commission determines that the project is:
6262
6363 (1) Detrimental to the safe and reliable operation of an electric grid;
6464
6565 (2) Detrimental to other customers, including whether other customers would be required to subsidize the wheeling agreement; or
6666
6767 (3) Not in the public interest.
6868
6969 (d) For the purposes of this section, "wheeling" means the transmission of electric power from one state facility's point of generation to the facilities of other state agencies over the existing transmission lines of a third-party electric public utility."
7070
7171 SECTION 3. Section 269-1, Hawaii Revised Statutes, is amended by amending the definition of "public utility" to read as follows:
7272
7373 ""Public utility":
7474
7575 (1) Includes every person who may own, control, operate, or manage as owner, lessee, trustee, receiver, or otherwise, whether under a franchise, charter, license, articles of association, or otherwise, any plant or equipment, or any part thereof, directly or indirectly for public use for the transportation of passengers or freight; for the conveyance or transmission of telecommunications messages; for the furnishing of facilities for the transmission of intelligence by electricity within the State or between points within the State by land, water, or air; for the production, conveyance, transmission, delivery, or furnishing of light, power, heat, cold, water, gas, or oil; for the storage or warehousing of goods; or for the disposal of sewage; provided that the term shall include:
7676
7777 (A) An owner or operator of a private sewer company or sewer facility; and
7878
7979 (B) A telecommunications carrier or telecommunications common carrier; and
8080
8181 (2) Shall not include:
8282
8383 (A) An owner or operator of an aerial transportation enterprise;
8484
8585 (B) An owner or operator of a taxicab as defined in this section;
8686
8787 (C) Common carriers that transport only freight on the public highways, unless operating within localities, along routes, or between points that the public utilities commission finds to be inadequately serviced without regulation under this chapter;
8888
8989 (D) Persons engaged in the business of warehousing or storage unless the commission finds that regulation is necessary in the public interest;
9090
9191 (E) A carrier by water to the extent that the carrier enters into private contracts for towage, salvage, hauling, or carriage between points within the State; provided that the towing, salvage, hauling, or carriage is not pursuant to either an established schedule or an undertaking to perform carriage services on behalf of the public generally;
9292
9393 (F) A carrier by water, substantially engaged in interstate or foreign commerce, that transports passengers on luxury cruises between points within the State or on luxury round-trip cruises returning to the point of departure;
9494
9595 (G) Any user, owner, or operator of the Hawaii electric system as defined under section 269-141;
9696
9797 (H) A telecommunications provider only to the extent determined by the public utilities commission pursuant to section 269-16.9;
9898
9999 (I) Any person who controls, operates, or manages plants or facilities developed pursuant to chapter 167 for conveying, distributing, and transmitting water for irrigation and other purposes for public use and purpose;
100100
101101 (J) Any person who owns, controls, operates, or manages plants or facilities for the reclamation of wastewater; provided that:
102102
103103 (i) The services of the facility are provided pursuant to a service contract between the person and a state or county agency and at least ten per cent of the wastewater processed is used directly by the state or county agency that entered into the service contract;
104104
105105 (ii) The primary function of the facility is the processing of secondary treated wastewater that has been produced by a municipal wastewater treatment facility owned by a state or county agency;
106106
107107 (iii) The facility does not make sales of water to residential customers;
108108
109109 (iv) The facility may distribute and sell recycled or reclaimed water to entities not covered by a state or county service contract; provided that, in the absence of regulatory oversight and direct competition, the distribution and sale of recycled or reclaimed water shall be voluntary and its pricing fair and reasonable. For purposes of this subparagraph, "recycled water" and "reclaimed water" means treated wastewater that by design is intended or used for a beneficial purpose; and
110110
111111 (v) The facility is not engaged, either directly or indirectly, in the processing of food wastes;
112112
113113 (K) Any person who owns, controls, operates, or manages any seawater air conditioning district cooling project; provided that at least fifty per cent of the energy required for the seawater air conditioning district cooling system is provided by a renewable energy resource, such as cold, deep seawater;
114114
115115 (L) Any person who owns, controls, operates, or manages plants or facilities primarily used to charge or discharge a vehicle battery that provides power for vehicle propulsion;
116116
117117 (M) Any person who:
118118
119119 (i) Owns, controls, operates, or manages a renewable energy system that is located on a customer's property; and
120120
121121 (ii) Provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to the customer on whose property the renewable energy system is located; provided that, for purposes of this subparagraph, a customer's property shall include all contiguous property owned or leased by the customer without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way, and utility rights-of-way; and
122122
123123 (N) Any person who owns, controls, operates, or manages a renewable energy system that is located on [such] the person's property and provides, sells, or transmits the power generated from that renewable energy system to an electric utility or to lessees or tenants on the person's property where the renewable energy system is located; provided that:
124124
125125 (i) An interconnection, as defined in section 269-141, is maintained with an electric public utility to preserve the lessees' or tenants' ability to be served by an electric utility;
126126
127127 (ii) [Such] The person does not use an electric public utility's transmission or distribution lines to provide, sell, or transmit electricity to lessees or tenants;
128128
129129 (iii) At the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission;
130130
131131 (iv) The rate schedule or formula shall be established for the duration of the lease, and the lease agreement entered into by the lessee or tenant shall reflect [such] the rate schedule or formula;
132132
133133 (v) The lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and
134134
135135 (vi) The lease agreement shall disclose: (1) the rate schedule or formula for the duration of the lease agreement; (2) that, at the time that the lease agreement is signed, the rate charged to the lessee or tenant for the power generated by the renewable energy system shall be no greater than the effective rate charged per kilowatt hour from the applicable electric utility schedule filed with the public utilities commission; (3) that the lease agreement shall not abrogate any terms or conditions of applicable tariffs for termination of services for nonpayment of electric utility services or rules regarding health, safety, and welfare; and (4) whether the lease is contingent upon the purchase of electricity from the renewable energy system; provided further that any disputes concerning the requirements of this provision shall be resolved pursuant to the provisions of the lease agreement or chapter 521, if applicable[; and
136136
137137 (vii) Nothing in this section shall be construed to permit wheeling].
138138
139139 If the application of this chapter is ordered by the commission in any case provided in paragraph (2)(C), (D), (H), and (I), the business of any public utility that presents evidence of bona fide operation on the date of the commencement of the proceedings resulting in the order shall be presumed to be necessary to the public convenience and necessity, but any certificate issued under this proviso shall nevertheless be subject to terms and conditions as the public utilities commission may prescribe, as provided in sections 269-16.9 and 269-20."
140140
141141 SECTION 4. The public utilities commission shall submit a report of its findings and recommendations on wheeling as authorized pursuant to this Act, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.
142142
143143 SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
144144
145- SECTION 6. This Act shall take effect on July 1, 2050.
145+ SECTION 6. This Act shall take effect upon its approval.
146146
147- Report Title: PUC; State Facilities; Wheeling; Renewable Energy; Clean Electricity; Report Description: Authorizes state facilities to wheel electricity produced by their own facility from renewable energy sources to other state facilities pursuant to administrative rules or orders established by the Public Utilities Commission. Requires the Public Utilities Commission to submit a report to the Legislature. Effective 7/1/2050. (SD2) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
148-
149-
147+ Report Title: PUC; State Facilities; Wheeling; Renewable Energy; Clean Electricity; Report Description: Authorizes state facilities to wheel electricity that is produced by their own facility from renewable energy sources to another state facility pursuant to administrative rules established by the Public Utilities Commission. Requires the Public Utilities Commission to submit a report to the Legislature. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
150148
151149
152150
153151 Report Title:
154152
155153 PUC; State Facilities; Wheeling; Renewable Energy; Clean Electricity; Report
156154
157155
158156
159157 Description:
160158
161-Authorizes state facilities to wheel electricity produced by their own facility from renewable energy sources to other state facilities pursuant to administrative rules or orders established by the Public Utilities Commission. Requires the Public Utilities Commission to submit a report to the Legislature. Effective 7/1/2050. (SD2)
159+Authorizes state facilities to wheel electricity that is produced by their own facility from renewable energy sources to another state facility pursuant to administrative rules established by the Public Utilities Commission. Requires the Public Utilities Commission to submit a report to the Legislature. (SD1)
162160
163161
164162
165163
166164
167165
168166
169167 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.