1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 386 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR TRENT. |
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6 | 6 | | 1344S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To amend chapter 386, RSMo, by adding thereto one new section relating to a community solar |
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9 | 9 | | pilot program. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Chapter 386, RSMo, is amended by adding thereto 1 |
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13 | 13 | | one new section, to be known as section 386.875, to read as 2 |
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14 | 14 | | follows:3 |
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15 | 15 | | 386.875. 1. As used in this section, the following 1 |
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16 | 16 | | terms shall mean: 2 |
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17 | 17 | | (1) "Bill credit", the commission -approved monetary 3 |
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18 | 18 | | value of each kilowatt hour of electricity generate d by a 4 |
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19 | 19 | | community solar facility and allocated to a subscriber's 5 |
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20 | 20 | | monthly bill to offset the subscriber's retail electric bill; 6 |
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21 | 21 | | (2) "Community solar facility", a facility that: 7 |
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22 | 22 | | (a) Generates electricity by means of a solar 8 |
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23 | 23 | | photovoltaic device whereby subscribers receive a bill 9 |
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24 | 24 | | credit for the electricity generated based on the size of 10 |
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25 | 25 | | the subscriptions; 11 |
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26 | 26 | | (b) Is located within the state of Missouri; 12 |
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27 | 27 | | (c) Is connected to and delivers electricity to a 13 |
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28 | 28 | | distribution system operated by a retail electric supplier 14 |
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29 | 29 | | operating in the state of Missouri and in compliance with 15 |
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30 | 30 | | requirements under this section; 16 |
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31 | 31 | | (d) Has a nameplate capacity greater than one hundred 17 |
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32 | 32 | | AC kilowatts and no greater than five thousand AC kilowatts; 18 SB 386 2 |
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33 | 33 | | (e) Has at least ten subscribers; 19 |
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34 | 34 | | (f) Credits some or all of the electricity generated 20 |
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35 | 35 | | from a community solar facility to the bills of subscribers; 21 |
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36 | 36 | | (g) May be located remotely from a subscriber's 22 |
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37 | 37 | | premises and shall not be required to provide energy to an 23 |
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38 | 38 | | on-site load; 24 |
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39 | 39 | | (3) "Community solar organization", an entity that 25 |
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40 | 40 | | owns or operates one or more community solar facilities; 26 |
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41 | 41 | | (4) "Customer-generator", the same meaning as set 27 |
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42 | 42 | | forth in section 386.890; 28 |
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43 | 43 | | (5) "Low-income customer", a retai l residential 29 |
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44 | 44 | | customer of a retail electric supplier whose household 30 |
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45 | 45 | | income adjusted for family size does not exceed either two 31 |
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46 | 46 | | hundred percent of the federal poverty level or eighty 32 |
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47 | 47 | | percent of the median income of the county in which the 33 |
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48 | 48 | | customer is located, whichever is higher. Owners or 34 |
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49 | 49 | | managers of apartment buildings or rental units that serve 35 |
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50 | 50 | | low-income customers may be considered low -income customers 36 |
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51 | 51 | | if fifty percent or more of the tenants qualify under this 37 |
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52 | 52 | | definition. Further, certain ent ities, organizations, and 38 |
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53 | 53 | | institutions that are focused on social welfare and that 39 |
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54 | 54 | | serve the low-income customer community may also qualify, 40 |
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55 | 55 | | including but not limited to: homeless shelters, halfway 41 |
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56 | 56 | | houses, soup kitchens, foster homes, orphanages, and other 42 |
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57 | 57 | | similar organizations; 43 |
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58 | 58 | | (6) "Retail electric supplier", an electrical 44 |
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59 | 59 | | corporation regulated under chapter 386 that provides retail 45 |
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60 | 60 | | electric service in this state; 46 |
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61 | 61 | | (7) "Subscriber", a retail customer of a retail 47 |
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62 | 62 | | electric supplier who ow ns one or more subscriptions to a 48 |
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63 | 63 | | community solar facility interconnected with the customer's 49 |
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64 | 64 | | retail electric supplier. The term includes a retail 50 SB 386 3 |
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65 | 65 | | customer who owns a portion of a community solar facility. 51 |
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66 | 66 | | A subscriber's subscription size shall be on e hundred 52 |
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67 | 67 | | percent or less of their twelve -month rolling average 53 |
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68 | 68 | | kilowatt hour usage for any one subscriber meter; 54 |
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69 | 69 | | (8) "Subscriber administrator", an entity that 55 |
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70 | 70 | | recruits and enrolls subscribers, administers subscriber 56 |
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71 | 71 | | participation in community s olar facilities, and manages the 57 |
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72 | 72 | | subscription relationship between subscribers and a retail 58 |
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73 | 73 | | electric supplier; 59 |
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74 | 74 | | (9) "Subscription", a contract between a subscriber 60 |
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75 | 75 | | and subscriber administrator of a community solar facility 61 |
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76 | 76 | | that entitles the subscr iber to a bill credit against the 62 |
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77 | 77 | | subscriber's retail electric bill; 63 |
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78 | 78 | | (10) "Unsubscribed energy", the output of a community 64 |
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79 | 79 | | solar facility, measured in kilowatt hours, that is not 65 |
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80 | 80 | | allocated to subscribers. 66 |
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81 | 81 | | 2. Each retail electric supplier sha ll implement a 67 |
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82 | 82 | | three-year community solar pilot program to run during 68 |
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83 | 83 | | calendar years 2026 through 2028. Retail electric suppliers 69 |
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84 | 84 | | shall allow subscriber administrators and owners or 70 |
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85 | 85 | | operators of community solar facilities to recruit customers 71 |
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86 | 86 | | as subscribers, and shall process subscribers' bill credits 72 |
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87 | 87 | | as required by subdivision (8) of subsection 3 of this 73 |
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88 | 88 | | section. Each retail electric supplier shall continue 74 |
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89 | 89 | | operating its community solar pilot program until the total 75 |
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90 | 90 | | solar electricity demand from subscribers equals five 76 |
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91 | 91 | | percent of the retail electric supplier's electricity sales 77 |
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92 | 92 | | for the previous year. 78 |
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93 | 93 | | 3. Community solar facilities shall be operated as 79 |
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94 | 94 | | follows: 80 |
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95 | 95 | | (1) A community solar facility may be built, owned, or 81 |
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96 | 96 | | operated by a third party entity under contract with an 82 SB 386 4 |
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97 | 97 | | owner or operator of a community solar facility or a 83 |
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98 | 98 | | subscriber administrator. A subscriber administrator may 84 |
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99 | 99 | | contract to administer bill credits to the subscriber's 85 |
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100 | 100 | | electricity bill generated by the subscriber's share of the 86 |
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101 | 101 | | community solar facility, subject to the requirements of 87 |
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102 | 102 | | this section. A subscriber administrator that provides bill 88 |
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103 | 103 | | credits to a subscriber pursuant to this section shall not 89 |
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104 | 104 | | be considered an electrical corporation or public utility 90 |
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105 | 105 | | under section 386.020 for purposes of determining 91 |
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106 | 106 | | jurisdiction of the commission; 92 |
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107 | 107 | | (2) The owner or operator of a community solar 93 |
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108 | 108 | | facility may serve as a subscriber administrator or may 94 |
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109 | 109 | | contract with a third party to serve as a subscriber 95 |
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110 | 110 | | administrator on behalf of the owner or operator. Nothing 96 |
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111 | 111 | | in this section shall prevent a retail electric supplier 97 |
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112 | 112 | | from owning or operating a community solar facility or from 98 |
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113 | 113 | | acting as a subscriber administrator as part of its own 99 |
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114 | 114 | | community solar pilot program; 100 |
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115 | 115 | | (3) Except as provided under subdivision (4) of this 101 |
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116 | 116 | | subsection, the price paid for a subscription in a community 102 |
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117 | 117 | | solar facility shall not be subject to regulation by the 103 |
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118 | 118 | | commission; 104 |
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119 | 119 | | (4) Not later than nine months after the effective 105 |
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120 | 120 | | date of this section, the commission shall establish the 106 |
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121 | 121 | | value of the bill credit for each retail electric supplier 107 |
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122 | 122 | | to offset each subscriber's retail electric bill for each 108 |
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123 | 123 | | kilowatt hour subscribed from a community solar facility. 109 |
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124 | 124 | | The commission shall est ablish the bill credit value in such 110 |
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125 | 125 | | a way as to allow for the creation, financing, 111 |
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126 | 126 | | accessibility, and operation of community solar facilities 112 |
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127 | 127 | | and to maximize customer participation so as to meet the 113 |
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128 | 128 | | goal of five percent of electricity sales per year a s 114 SB 386 5 |
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129 | 129 | | required by subsection 2 of this section. The commission 115 |
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130 | 130 | | shall establish an additional bill credit value for 116 |
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131 | 131 | | subscribers who are low -income customers in such a way as to 117 |
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132 | 132 | | ensure that low-income subscribers save money on their 118 |
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133 | 133 | | retail electric bills; 119 |
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134 | 134 | | (5) A retail electric supplier shall allow for the 120 |
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135 | 135 | | transferability and portability of subscriptions, including 121 |
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136 | 136 | | allowing a subscriber to retain a subscription to a 122 |
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137 | 137 | | community solar facility if the subscriber relocates within 123 |
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138 | 138 | | the same retail electri c supplier's service territory; 124 |
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139 | 139 | | (6) On a monthly basis, a subscriber administrator 125 |
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140 | 140 | | shall update the subscriber administrator's list of 126 |
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141 | 141 | | subscribers and provide all of the following information 127 |
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142 | 142 | | about each subscriber to the retail electric supplier i n a 128 |
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143 | 143 | | standardized electronic format approved by the commission 129 |
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144 | 144 | | for the purpose of bill credit to subscribers: 130 |
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145 | 145 | | (a) The name, address, account number, and meter 131 |
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146 | 146 | | number; 132 |
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147 | 147 | | (b) The kilowatt hours of electricity generation 133 |
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148 | 148 | | attributable to each subs criber; 134 |
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149 | 149 | | (c) If a subscriber administrator is using the retail 135 |
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150 | 150 | | electric supplier's billing methods to collect subscription 136 |
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151 | 151 | | fees, the subscription fee for the month owed by each 137 |
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152 | 152 | | subscriber to the subscriber administrator; 138 |
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153 | 153 | | (7) A subscriber administrator or third party owning 139 |
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154 | 154 | | or operating a community solar facility shall not be 140 |
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155 | 155 | | considered a retail electric supplier or an electric 141 |
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156 | 156 | | generation provider solely as a result of involvement with a 142 |
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157 | 157 | | community solar facility; 143 |
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158 | 158 | | (8) Duties of retail electric suppliers shall include 144 |
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159 | 159 | | the following: 145 SB 386 6 |
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160 | 160 | | (a) On a monthly basis, a retail electric supplier 146 |
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161 | 161 | | shall provide to a subscriber administrator a report in a 147 |
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162 | 162 | | standardized electronic format indicating the total value of 148 |
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163 | 163 | | the bill credit generated by the community solar facility in 149 |
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164 | 164 | | the prior month and the amount of the bill credit applied to 150 |
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165 | 165 | | each subscriber; 151 |
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166 | 166 | | (b) A retail electric supplier shall provide a bill 152 |
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167 | 167 | | credit to a subscriber's next monthly electric bill for the 153 |
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168 | 168 | | proportional output of a community solar facility 154 |
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169 | 169 | | attributable to the subscriber in the same manner as if the 155 |
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170 | 170 | | solar facility were located on the customer's property; 156 |
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171 | 171 | | (c) If requested by a subscriber administrator, a 157 |
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172 | 172 | | retail electric supplier shall include a subscriber's 158 |
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173 | 173 | | subscription fee on the monthly bill and forward the 159 |
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174 | 174 | | collected subscription fees to the subscriber administrator 160 |
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175 | 175 | | on a monthly basis; 161 |
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176 | 176 | | (d) Not later than August 28, 2026, a retail electric 162 |
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177 | 177 | | supplier shall make available and update, in a commercially 163 |
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178 | 178 | | reasonable manner, a system map showing the loading of the 164 |
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179 | 179 | | distribution system and indicating where in the service area 165 |
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180 | 180 | | the distribution system could accommodate new solar 166 |
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181 | 181 | | generation; 167 |
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182 | 182 | | (9) Compensation for retail electric suppliers shall 168 |
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183 | 183 | | be as follows: 169 |
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184 | 184 | | (a) A subscriber administrator shall compensate a 170 |
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185 | 185 | | retail electric supplier for the retail electric supplier's 171 |
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186 | 186 | | reasonable direct costs of interconnection of a community 172 |
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187 | 187 | | solar facility. Such compensation shall be in the form of a 173 |
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188 | 188 | | one-time payment upon interconnection; 174 |
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189 | 189 | | (b) A retail electric supplier shall be entitled to 175 |
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190 | 190 | | recover its reasonable direct costs of complying with the 176 |
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191 | 191 | | requirements of this section and enabling a community solar 177 SB 386 7 |
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192 | 192 | | facility within its service territory, includin g but not 178 |
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193 | 193 | | limited to: added billing costs and added costs of net 179 |
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194 | 194 | | metering and interconnection for community solar 180 |
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195 | 195 | | facilities. Such reasonable direct costs shall be in the 181 |
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196 | 196 | | form of an annual fee invoiced to the subscriber 182 |
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197 | 197 | | administrator based on the to tal final system size of the 183 |
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198 | 198 | | community solar facility; 184 |
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199 | 199 | | (10) Each community solar facility shall be subscribed 185 |
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200 | 200 | | with at least ten percent low -income customers and twenty 186 |
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201 | 201 | | percent residential customers; 187 |
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202 | 202 | | (11) A retail electric supplier shall purc hase 188 |
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203 | 203 | | unsubscribed energy from a community solar facility at the 189 |
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204 | 204 | | retail electric supplier's avoided cost as approved by the 190 |
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205 | 205 | | commission. No later than nine months after August 28, 191 |
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206 | 206 | | 2025, the commission shall promulgate rules to implement the 192 |
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207 | 207 | | provisions of this section regarding the purchase of 193 |
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208 | 208 | | unsubscribed energy; 194 |
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209 | 209 | | (12) No entity, affiliated entity, or entities under 195 |
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210 | 210 | | common control may develop, own, or operate more than one 196 |
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211 | 211 | | community solar facility on the same parcel or contiguous 197 |
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212 | 212 | | parcels of land. 198 |
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213 | 213 | | 4. Interconnection standards for community solar 199 |
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214 | 214 | | facilities under one hundred kilowatts shall be the same as 200 |
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215 | 215 | | the standards for net -metered customers pursuant to section 201 |
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216 | 216 | | 386.890. For systems larger than one hundred kilowatts, the 202 |
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217 | 217 | | commission shall develop technical and net metering 203 |
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218 | 218 | | interconnection rules for customer -generators intending to 204 |
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219 | 219 | | operate community solar facilities or renewable onsite 205 |
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220 | 220 | | generators in parallel with the electric utility grid, 206 |
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221 | 221 | | consistent with rules defined in other state s within the 207 |
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222 | 222 | | service region of the regional transmission organization 208 |
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223 | 223 | | that manages the transmission system in any part of the 209 SB 386 8 |
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224 | 224 | | state. In developing its rules, the commission shall 210 |
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225 | 225 | | convene a stakeholder process to develop statewide technical 211 |
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226 | 226 | | and net metering rules for customer generators with systems 212 |
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227 | 227 | | larger than one hundred kilowatts. 213 |
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228 | 228 | | 5. The commission shall promulgate rules and 214 |
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229 | 229 | | regulations to implement the provisions of this section 215 |
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230 | 230 | | within nine months of August 28, 2025. Any rule or portion 216 |
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231 | 231 | | of a rule, as that term is defined in section 536.010, that 217 |
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232 | 232 | | is created under the authority delegated in this section 218 |
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233 | 233 | | shall become effective only if it complies with and is 219 |
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234 | 234 | | subject to all of the provisions of chapter 536 and, if 220 |
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235 | 235 | | applicable, section 536. 028. This section and chapter 536 221 |
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236 | 236 | | are nonseverable and if any of the powers vested with the 222 |
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237 | 237 | | general assembly pursuant to chapter 536 to review, to delay 223 |
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238 | 238 | | the effective date, or to disapprove and annul a rule are 224 |
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239 | 239 | | subsequently held unconstitutional, then the grant of 225 |
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240 | 240 | | rulemaking authority and any rule proposed or adopted after 226 |
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241 | 241 | | August 28, 2025, shall be invalid and void. 227 |
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242 | 242 | | |
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