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Missouri Senate Bill SB369

Missouri 2025 Regular Session

Missouri Senate Bill SB369 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 FIRST REGULAR SESSION
55 SENATE BILL NO. 369
66 103RD GENERAL ASSEMBLY
77 INTRODUCED BY SENATOR BRATTIN.
88 1428S.01I KRISTINA MARTIN, Secretary
99 AN ACT
1010 To repeal sections 386.890 and 442.404, RSMo, and to enact in lieu thereof two new sections
1111 relating to solar energy systems.
1212
1313 Be it enacted by the General Assembly of the State of Missouri, as follows:
1414 Section A. Sections 386.890 and 442.404, RSMo, are 1
1515 repealed and two new sections enacted in lieu thereof, to be 2
1616 known as sections 386.890 and 442.404, to read as fol lows:3
1717 386.890. 1. This section shall be known and may be 1
1818 cited as the "Net Metering and Easy Connection Act". 2
1919 2. As used in this section, the following terms shall 3
2020 mean: 4
2121 (1) ["Avoided fuel cost", the current average cost of 5
2222 fuel for the entity generating electricity, as defined by 6
2323 the governing body with jurisdiction over any municipal 7
2424 electric utility, rural electric cooperative as provided in 8
2525 chapter 394, or electrical corporation as provided in this 9
2626 chapter; 10
2727 (2)] "Commission", the public service commission of 11
2828 the state of Missouri; 12
2929 [(3)] (2) "Customer-generator", the owner or operator 13
3030 of a qualified electric energy generation unit which: 14
3131 (a) Is powered by a renewable energy resource; 15
3232 (b) Has an electrical generating system with a 16
3333 capacity of not more than one [hundred] thousand kilowatts; 17 SB 369 2
3434 (c) Is located on a premises owned, operated, leased, 18
3535 or otherwise controlled by the customer -generator or utility 19
3636 service territory through virtual net meteri ng; 20
3737 (d) Is interconnected and operates in parallel phase 21
3838 and synchronization with a retail electric supplier and has 22
3939 been approved by said retail electric supplier or public 23
4040 service commission regulation ; 24
4141 (e) Is intended primarily to offset part or all of the 25
4242 customer-generator's [own] current or future electrical 26
4343 energy requirements; 27
4444 (f) Meets [all applicable safety, performance, 28
4545 interconnection, and reliability standards established by 29
4646 the National Electrical Code, the National El ectrical Safety 30
4747 Code, the Institute of Electrical and Electronics Engineers, 31
4848 Underwriters Laboratories, the Federal Energy Regulatory 32
4949 Commission, and any local governing authorities ] the 33
5050 requirements of the uniformed solar permit and inspection 34
5151 form promulgated by the commission ; and 35
5252 (g) Contains a mechanism that automatically disables 36
5353 the unit and interrupts the flow of electricity back onto 37
5454 the supplier's electricity lines in the event that service 38
5555 to the customer-generator is interrupted; 39
5656 [(4)] (3) "Department", the department of natural 40
5757 resources; 41
5858 [(5)] (4) "Net metering", using metering equipment 42
5959 sufficient to measure the difference between the electrical 43
6060 energy supplied to a customer -generator by a retail electric 44
6161 supplier and the electrical energy supplied by the customer - 45
6262 generator to the retail electric supplier over the 46
6363 applicable billing period; 47
6464 [(6)] (5) "Renewable energy resources", electrical 48
6565 energy produced from wind, solar thermal sources, 49 SB 369 3
6666 hydroelectric sources, photovoltaic cells and panels, fuel 50
6767 cells using hydrogen produced by one of the above -named 51
6868 electrical energy sources, and other sources of energy that 52
6969 become available after August 28, 2007, and are certified as 53
7070 renewable by the department; 54
7171 (6) "Retail electric rate", the tariff that the 55
7272 customer would be assigned if the customer were not an 56
7373 eligible customer-generator; 57
7474 (7) "Retail electric supplier" or "supplier", any 58
7575 municipally owned electric utility operating under chapter 59
7676 91, electrical corporation regulated by the commission under 60
7777 this chapter, or rural electric cooperative operating under 61
7878 chapter 394 that provides retail electric service in this 62
7979 state. An electrical corporation that operates under a 63
8080 cooperative business plan as described in subsection 2 of 64
8181 section 393.110 shall be deemed to be a rural electric 65
8282 cooperative for purposes of this section. 66
8383 3. A retail electric supplier shall: 67
8484 (1) Make net metering available to customer -generators 68
8585 on a first-come, first-served basis until the total rated 69
8686 generating capacity of net metering systems equals [five] 70
8787 fifteen percent of the retail electric supplier's single - 71
8888 hour peak load during the previous year, after which the 72
8989 commission for an electrical corp oration or the respective 73
9090 governing body of other retail electric suppliers may 74
9191 increase the total rated generating capacity of net metering 75
9292 systems to an amount above [five] fifteen percent. However, 76
9393 in a given calendar year, no retail electric suppl ier shall 77
9494 be required to approve any application for interconnection 78
9595 if the total rated generating capacity of all applications 79
9696 for interconnection already approved to date by said 80
9797 supplier in said calendar year equals or exceeds [one] two 81 SB 369 4
9898 percent of said supplier's single -hour peak load for the 82
9999 previous calendar year; 83
100100 (2) Offer to the customer -generator the retail 84
101101 electric rate that is a tariff or contract that is identical 85
102102 in electrical energy rates, rate structure, and monthly 86
103103 charges to the contract or tariff that the customer would be 87
104104 assigned if the customer were not an eligible customer - 88
105105 generator but shall not charge the customer -generator any 89
106106 additional standby, capacity, interconnection, or other fee 90
107107 or charge that would not other wise be charged if the 91
108108 customer were not an eligible customer -generator; and 92
109109 (3) Disclose annually the availability of the net 93
110110 metering program to each of its customers with the method 94
111111 and manner of disclosure being at the discretion of the 95
112112 [supplier] commission. 96
113113 4. A customer-generator's facility shall be equipped 97
114114 with sufficient metering equipment that can measure the net 98
115115 amount of electrical energy produced or consumed by the 99
116116 customer-generator. If the customer-generator's existing 100
117117 meter equipment does not meet these requirements or if it is 101
118118 necessary for the retail electric supplier to install 102
119119 additional distribution equipment to accommodate the 103
120120 customer-generator's facility, the customer -generator shall 104
121121 reimburse the retail elec tric supplier for the costs to 105
122122 purchase and install the necessary additional equipment 106
123123 approved by the commission . At the request of the customer - 107
124124 generator, such costs may be initially paid for by the 108
125125 retail electric supplier, and any amount up to the total 109
126126 costs and a reasonable interest charge may be recovered from 110
127127 the customer-generator over the course of up to twelve 111
128128 billing cycles. Any subsequent meter testing, maintenance 112 SB 369 5
129129 or meter equipment change necessitated by the customer - 113
130130 generator shall be paid for by the customer -generator. 114
131131 5. Consistent with the provisions in this section, the 115
132132 net electrical energy measurement shall be calculated in the 116
133133 following manner: 117
134134 (1) For a customer-generator, a retail electric 118
135135 supplier shall measure the net electrical energy produced or 119
136136 consumed during the billing period in accordance with normal 120
137137 metering practices for customers in the same rate class, 121
138138 either by employing a single, bidirectional meter that 122
139139 measures the amount of electrical en ergy produced and 123
140140 consumed[, or by employing multiple meters that separately 124
141141 measure the customer -generator's consumption and production 125
142142 of electricity]; 126
143143 (2) If the electricity supplied by the supplier 127
144144 exceeds the electricity generated by the cus tomer-generator 128
145145 during a billing period, the customer -generator shall be 129
146146 billed for the net electricity supplied by the supplier in 130
147147 accordance with normal practices for customers in the same 131
148148 rate class; 132
149149 (3) If the electricity generated by the cus tomer- 133
150150 generator exceeds the electricity supplied by the supplier 134
151151 during a billing period, the customer -generator shall be 135
152152 billed for the appropriate customer charges for that billing 136
153153 period in accordance with subsection 3 of this section and 137
154154 shall be credited an amount at least equal to the [avoided 138
155155 fuel] retail electric cost of the excess kilowatt -hours 139
156156 generated during the billing period, with this credit 140
157157 applied [to the following billing period ] anytime during the 141
158158 following twelve-month period; 142
159159 (4) Any credits granted by this subsection shall 143
160160 expire without any compensation at the earlier of either 144 SB 369 6
161161 twelve months after their issuance or when the customer - 145
162162 generator disconnects service or terminates the net metering 146
163163 relationship with the s upplier[; 147
164164 (5) For any rural electric cooperative under chapter 148
165165 394, or any municipally owned utility, upon agreement of the 149
166166 wholesale generator supplying electric energy to the retail 150
167167 electric supplier, at the option of the retail electric 151
168168 supplier, the credit to the customer -generator may be 152
169169 provided by the wholesale generator ]. 153
170170 6. (1) Each qualified electric energy generation unit 154
171171 [used by a customer-generator shall meet all applicable 155
172172 safety, performance, interconnection, and reliabil ity 156
173173 standards established by any local code authorities, the 157
174174 National Electrical Code, the National Electrical Safety 158
175175 Code, the Institute of Electrical and Electronics Engineers, 159
176176 and Underwriters Laboratories for distributed generation. 160
177177 No supplier shall impose any fee, charge, or other 161
178178 requirement not specifically authorized by this section or 162
179179 the rules promulgated under subsection 9 of this section 163
180180 unless the fee, charge, or other requirement would apply to 164
181181 similarly situated customers who are n ot customer- 165
182182 generators, except that a retail electric supplier may 166
183183 require that a customer -generator's system contain a switch, 167
184184 circuit breaker, fuse, or other easily accessible device or 168
185185 feature located in immediate proximity to the customer - 169
186186 generator's metering equipment that would allow a utility 170
187187 worker the ability to manually and instantly disconnect the 171
188188 unit from the utility's electric distribution system ] shall 172
189189 meet the requirements of the uniformed solar permit and 173
190190 inspection form promulgate d by the commission. 174
191191 (2) For systems of [ten] one hundred kilowatts or 175
192192 less, a customer-generator whose system meets the standards 176 SB 369 7
193193 and rules under subdivision (1) of this subsection shall not 177
194194 be required to install additional controls, perform or pay 178
195195 for additional tests or distribution equipment, or purchase 179
196196 additional liability insurance beyond what is required under 180
197197 subdivision (1) of this subsection and subsection 4 of this 181
198198 section. 182
199199 (3) For customer-generator systems of greater than 183
200200 [ten] one hundred kilowatts, the commission for electrical 184
201201 corporations and the respective governing body for other 185
202202 retail electric suppliers shall, by rule or equivalent 186
203203 formal action by each respective governing body: 187
204204 (a) Set forth safety, perfo rmance, and reliability 188
205205 standards and requirements; and 189
206206 (b) Establish the qualifications for exemption from a 190
207207 requirement to install additional controls, perform or pay 191
208208 for additional tests or distribution equipment, or purchase 192
209209 additional liability insurance. 193
210210 7. (1) Applications by a customer -generator for 194
211211 interconnection of a qualified electric energy generation 195
212212 unit [meeting the requirements of subdivision (3) of 196
213213 subsection 2 of this section to the distribution system 197
214214 shall be accompanied by the plan for the customer - 198
215215 generator's electrical generating system, including but not 199
216216 limited to a wiring diagram and specifications for the 200
217217 generating unit, and shall be reviewed and responded to by 201
218218 the retail electric supplier within thirty days of receipt 202
219219 for systems ten kilowatts or less and within ninety days of 203
220220 receipt for all other systems ] shall meet commission 204
221221 standards and shall be reviewed and responded to by the 205
222222 electric supplier within thirty days or the application 206
223223 shall be considered approved. Prior to the interconnection 207
224224 of the qualified generation unit to the supplier's system, 208 SB 369 8
225225 the customer-generator will furnish the retail electric 209
226226 supplier a certification from a qualified professional 210
227227 electrician or engineer that the installation meets the 211
228228 requirements of subdivision (1) of subsection 6 of this 212
229229 section. If the application for interconnection is approved 213
230230 by the retail electric supplier and the customer -generator 214
231231 does not complete the interconnection within one yea r after 215
232232 receipt of notice of the approval, the approval shall expire 216
233233 and the customer-generator shall be responsible for filing a 217
234234 new application. 218
235235 (2) Upon the change in ownership of a qualified 219
236236 electric energy generation unit, the new customer -generator 220
237237 shall be responsible for filing a new application under 221
238238 subdivision (1) of this subsection. 222
239239 8. Each electrical corporation shall submit an annual 223
240240 net metering report to the commission, and all other retail 224
241241 electric suppliers shall submit the same report to their 225
242242 respective governing body and make said report available to 226
243243 a consumer of the supplier upon request, including the 227
244244 following information for the previous calendar year: 228
245245 (1) The total number of customer -generator facilities; 229
246246 (2) The total estimated generating capacity of its net - 230
247247 metered customer-generators; and 231
248248 (3) The total estimated net kilowatt -hours received 232
249249 from customer-generators. 233
250250 9. The commission shall, within [nine] six months of 234
251251 January 1, [2008] 2026, promulgate initial rules necessary 235
252252 for the administration of this section for electrical 236
253253 corporations, which shall include regulations ensuring that 237
254254 simple contracts will be used for interconnection and net 238
255255 metering. For systems of [ten] one hundred kilowatts or 239
256256 less, the application process shall use an all -in-one 240 SB 369 9
257257 document that includes a simple interconnection request, 241
258258 simple procedures, and a brief set of terms and conditions. 242
259259 Any rule or portion of a rule, as that term is defined in 243
260260 section 536.010, that is created under the authority 244
261261 delegated in this section shall become effective only if it 245
262262 complies with and is subject to all of the provisions of 246
263263 chapter 536 and, if applicable, section 536.028. This 247
264264 section and chapter 536 a re nonseverable and if any of the 248
265265 powers vested with the general assembly under chapter 536 to 249
266266 review, to delay the effective date, or to disapprove and 250
267267 annul a rule are subsequently held unconstitutional, then 251
268268 the grant of rulemaking authority and any rule proposed or 252
269269 adopted after August 28, 2007, shall be invalid and void. 253
270270 10. [The governing body of a rural electric 254
271271 cooperative or municipal utility shall, within nine months 255
272272 of January 1, 2008, adopt policies establishing a simple 256
273273 contract to be used for interconnection and net metering. 257
274274 For systems of ten kilowatts or less, the application 258
275275 process shall use an all -in-one document that includes a 259
276276 simple interconnection request, simple procedures, and a 260
277277 brief set of terms and conditions. ] Before January 1, 2026, 261
278278 the public service commission shall create and implement a 262
279279 uniformed solar permit and inspection form and automated 263
280280 permitting and inspection software for solar energy 264
281281 devices. Municipalities, cities, homeowner's associations, 265
282282 regulated utilities, unregulated utilities, rural electric 266
283283 cooperatives, or other permitting and inspection authorities 267
284284 shall utilize such software and collect fees from applicants 268
285285 for solar energy device permits. The fees shall be 269
286286 forwarded to the public service commission. 270
287287 11. For any cause of action relating to any damages to 271
288288 property or person caused by the qualified electric energy 272 SB 369 10
289289 generation unit of a customer -generator or the 273
290290 interconnection thereof, the retail electric supplier shall 274
291291 have no liability absent clear and convincing evidence of 275
292292 fault on the part of the supplier. 276
293293 12. The estimated generating capacity of all net 277
294294 metering systems operating under the provisions of this 278
295295 section shall count towards the respective reta il electric 279
296296 supplier's accomplishment of any renewable energy portfolio 280
297297 target or mandate adopted by the Missouri general assembly. 281
298298 13. The sale of qualified electric energy generation 282
299299 units to any customer -generator shall be subject to the 283
300300 provisions of sections 407.010 to 407.145 and sections 284
301301 407.700 to 407.720. The attorney general shall have the 285
302302 authority to promulgate in accordance with the provisions of 286
303303 chapter 536 rules regarding mandatory disclosures of 287
304304 information by sellers of quali fied electric energy 288
305305 generation units. Any interested person who believes that 289
306306 the seller of any qualified electric energy generation unit 290
307307 is misrepresenting the safety or performance standards of 291
308308 any such systems, or who believes that any electric en ergy 292
309309 generation unit poses a danger to any property or person, 293
310310 may report the same to the attorney general, who shall be 294
311311 authorized to investigate such claims and take any necessary 295
312312 and appropriate actions. 296
313313 14. Any costs incurred under this act b y a retail 297
314314 electric supplier shall be recoverable in that utility's 298
315315 rate structure. 299
316316 15. No consumer shall connect or operate a qualified 300
317317 electric energy generation unit in parallel phase and 301
318318 synchronization with any retail electric supplier witho ut 302
319319 written approval by said supplier that all of the 303
320320 requirements under subdivision (1) of subsection 7 of this 304 SB 369 11
321321 section have been met. For a consumer who violates this 305
322322 provision, a supplier may immediately and without notice 306
323323 disconnect the electric f acilities of said consumer and 307
324324 terminate said consumer's electric service. 308
325325 16. The manufacturer of any qualified electric energy 309
326326 generation unit used by a customer -generator may be held 310
327327 liable for any damages to property or person caused by a 311
328328 defect in the qualified electric energy generation unit of a 312
329329 customer-generator. 313
330330 17. The seller, installer, or manufacturer of any 314
331331 qualified electric energy generation unit who knowingly 315
332332 misrepresents the safety aspects of a qualified electric 316
333333 generation unit may be held liable for any damages to 317
334334 property or person caused by the qualified electric energy 318
335335 generation unit of a customer -generator. 319
336336 442.404. 1. As used in this section, the following 1
337337 terms shall mean: 2
338338 (1) "Homeowners' association", a nonprofit corporation 3
339339 or unincorporated association of homeowners created under a 4
340340 declaration to own and operate portions of a planned 5
341341 community or other residential subdivision that has the 6
342342 power under the declaration to asses s association members to 7
343343 pay the costs and expenses incurred in the performance of 8
344344 the association's obligations under the declaration or 9
345345 tenants-in-common with respect to the ownership of common 10
346346 ground or amenities of a planned community or other 11
347347 residential subdivision. This term shall not include a 12
348348 condominium unit owners' association as defined and provided 13
349349 for in subdivision (3) of section 448.1 -103 or a residential 14
350350 cooperative; 15
351351 (2) "Political signs", any fixed, ground -mounted 16
352352 display in support of or in opposition to a person seeking 17 SB 369 12
353353 elected office or a ballot measure excluding any materials 18
354354 that may be attached; 19
355355 (3) "Reasonable rules", rules that do not include the 20
356356 aesthetics for the solar panel or solar collector or 21
357357 placement. No "reasonable rule" shall specifically prohibit 22
358358 street-facing solar panels or solar collectors; 23
359359 (4) "Solar panel or solar collector", a device used to 24
360360 collect and convert solar energy into electricity or thermal 25
361361 energy, including but not limi ted to photovoltaic cells or 26
362362 panels, or solar thermal systems. 27
363363 2. (1) No deed restrictions, covenants, or similar 28
364364 binding agreements running with the land shall prohibit or 29
365365 have the effect of prohibiting the display of political 30
366366 signs. 31
367367 (2) A homeowners' association has the authority to 32
368368 adopt reasonable rules, subject to any applicable statutes 33
369369 or ordinances, regarding the time, size, place, number, and 34
370370 manner of display of political signs. 35
371371 (3) A homeowners' association may remove a political 36
372372 sign without liability if such sign is placed within the 37
373373 common ground, threatens the public health or safety, 38
374374 violates an applicable statute or ordinance, is accompanied 39
375375 by sound or music, or if any other materials are attached to 40
376376 the political sign. Subject to the foregoing, a homeowners' 41
377377 association shall not remove a political sign from the 42
378378 property of a homeowner or impose any fine or penalty upon 43
379379 the homeowner unless it has given such homeowner three days 44
380380 after providing written n otice to the homeowner, which 45
381381 notice shall specifically identify the rule and the nature 46
382382 of the violation. 47
383383 (4) A homeowner's association shall deny or request 48
384384 resubmission of any applications for solar panels or solar 49 SB 369 13
385385 collectors within thirty day s of receipt or the application 50
386386 shall be considered approved. 51
387387 (5) A homeowner's association shall not require an 52
388388 application for solar panels or solar collectors to pass 53
389389 review or be approved by any committee or board designed to 54
390390 address architectural or aesthetic qualities or conditions. 55
391391 3. (1) No deed restrictions, covenants, or similar 56
392392 binding agreements running with the land shall limit or 57
393393 prohibit, or have the effect of limiting or prohibiting, the 58
394394 installation of solar panels or so lar collectors on the 59
395395 rooftop of any property or structure. 60
396396 (2) A homeowners' association may adopt reasonable 61
397397 rules, subject to any applicable statutes or ordinances, 62
398398 regarding the placement of solar panels or solar collectors 63
399399 to the extent that those rules do not prevent the 64
400400 installation of the device, impair the functioning of the 65
401401 device, restrict the use of the device, or adversely affect 66
402402 the cost or efficiency of the device. 67
403403 (3) The provisions of this subsection shall apply only 68
404404 with regard to rooftops that are owned, controlled, and 69
405405 maintained by the owner of the individual property or 70
406406 structure. 71
407407 4. (1) No deed restrictions, covenants, or similar 72
408408 binding agreements running with the land shall prohibit or 73
409409 have the effect of prohibiting the display of sale signs on 74
410410 the property of a homeowner or property owner including, but 75
411411 not limited to, any yard on the property, or nearby street 76
412412 corners. 77
413413 (2) A homeowners' association has the authority to 78
414414 adopt reasonable rules, subject to any applicable statutes 79
415415 or ordinances, regarding the time, size, place, number, and 80
416416 manner of display of sale signs. 81 SB 369 14
417417 (3) A homeowners' association may remove a sale sign 82
418418 without liability if such sign is placed within the common 83
419419 ground, threatens the public health or safety, violates an 84
420420 applicable statute or ordinance, is accompanied by sound or 85
421421 music, or if any other materials are attached to the sale 86
422422 sign. Subject to the foregoing, a homeowners' association 87
423423 shall not remove a sa le sign from the property of a 88
424424 homeowner or property owner or impose any fine or penalty 89
425425 upon the homeowner or property owner unless it has given 90
426426 such homeowner or property owner three business days after 91
427427 the homeowner or property owner receives writte n notice from 92
428428 the homeowners' association, which notice shall specifically 93
429429 identify the rule and the nature of the alleged violation. 94
430430 5. (1) No deed restrictions, covenants, or similar 95
431431 binding agreements running with the land shall prohibit or 96
432432 have the effect of prohibiting ownership or pasturing of up 97
433433 to six chickens on a lot that is two -tenths of an acre or 98
434434 larger, including prohibitions against a single chicken coop 99
435435 designed to accommodate up to six chickens. 100
436436 (2) A homeowners' associa tion may adopt reasonable 101
437437 rules, subject to applicable statutes or ordinances, 102
438438 regarding ownership or pasturing of chickens, including a 103
439439 prohibition or restriction on ownership or pasturing of 104
440440 roosters. 105
441441