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SB1394

Small agricultural generators; establishes parameters of a program.

Status:
Enacted

Chief Patron:
Frank Wagner (R)

Session:
2017 Regular Session

Summary

As Passed House of Origin. Small agricultural generators.

Establishes the parameters of a program under which small agricultural generators may sell the electricity generated from a small agricultural generating facility to its utility. Effective July 1, 2019, enrollment by eligible agricultural customer-generators in an existing net energy metering program conducted by an electric cooperative will cease, though a cooperative's customers who were participating as eligible agricultural customer-generators before that date are allowed to remain in the net metering program for not more than 25 years. A small agricultural generator is defined in this measure as a customer who operates an electrical generating facility as part of an agricultural business, which generating facility, among other conditions, has a capacity of not more than 1.5 megawatts, uses renewable energy as its total source of fuel, has a capacity that does not exceed 150 percent of the customer's expected annual energy consumption based on the previous 12 months of billing history, uses not more than 25 percent of contiguous land owned or controlled by the agricultural business for purposes of the renewable energy generating facility, and is a PURPA qualifying small power production facility. The program for small agricultural generators requires the generator to enter into a power purchase agreement with its supplier to sell all of the electricity generated at a rate not less than the supplier's State Corporation Commission-approved avoided cost tariff for energy and capacity. The program also provides for utilities to recover distribution service costs and costs incurred to purchase electricity, capacity, and renewable energy certificates from the small agricultural generator through its Renewable Energy Portfolio Standard (RPS) rate adjustment clause if the utility has a Commission-approved RPS plan and rate adjustment clause or, if the utility does not have a Commission-approved RPS rate adjustment clause, then the costs shall be recoverable through the supplier's fuel adjustment clause or through the utility's cost of purchased power. Finally, the measure directs the Commission to conduct a single docketed proceeding to implement the provisions of this measure. The bill incorporates SB 917 and is identical to HB 2303. (Less)
  • Bill History

  • 01/11/2017 - Senate: Prefiled and ordered printed; offered 01/11/17 17102605D
  • 01/11/2017 - Senate: Referred to Committee on Commerce and Labor
  • 01/18/2017 - Senate: Assigned C&L sub: Renewable Energy
  • 01/19/2017 - Senate: Impact statement from SCC (SB1394)
  • 01/30/2017 - Senate: Reported from Commerce and Labor with substitute (13-Y 1-N 1-A)
  • 01/30/2017 - Senate: Committee substitute printed 17104770D-S1
  • 01/31/2017 - Senate: Incorporates SB917 (Edwards)
  • 02/01/2017 - Senate: Constitutional reading dispensed (40-Y 0-N)
  • 02/02/2017 - Senate: Read second time
  • 02/02/2017 - Senate: Reading of substitute waived
  • 02/02/2017 - Senate: Committee substitute agreed to 17104770D-S1
  • 02/02/2017 - Senate: Engrossed by Senate - committee substitute SB1394S1
  • 02/03/2017 - Senate: Read third time and passed Senate (36-Y 3-N 1-A)
  • 02/07/2017 - Senate: Impact statement from SCC (SB1394S1)
  • 02/08/2017 - House: Placed on Calendar
  • 02/08/2017 - House: Read first time
  • 02/08/2017 - House: Referred to Committee on Commerce and Labor
  • 02/16/2017 - House: Reported from Commerce and Labor (18-Y 2-N)
  • 02/20/2017 - House: Read second time
  • 02/21/2017 - House: Read third time
  • 02/21/2017 - House: Passed House (85-Y 9-N 2-A)
  • 02/21/2017 - House: VOTE: PASSAGE (85-Y 9-N 2-A)
  • 02/24/2017 - Senate: Enrolled
  • 02/24/2017 - Senate: Bill text as passed Senate and House (SB1394ER)
  • 02/24/2017 - Senate: Signed by President
  • 02/24/2017 - House: Signed by Speaker
  • 02/28/2017 - Senate: Enrolled Bill Communicated to Governor on 2/28/17
  • 02/28/2017 - Governor: Governor's Action Deadline Midnight, March 27, 2017
  • 02/28/2017 - Senate: Impact statement from SCC (SB1394ER)
  • 03/16/2017 - Governor: Approved by Governor-Chapter 581 (effective 7/1/17)
  • 03/16/2017 - Governor: Acts of Assembly Chapter text (CHAP0581)