HB1304: HB1304 Public utilities; portable solar generation devices; provide

26 LC 56 0565 House Bill 1304 By: Representatives Barnes of the 86th, Gisler of the 121st, Drenner of the 85th, Park of the 107th, Ridley of the 22nd, and others A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 1 of Chapter 3 of Title 46 of the Of ficial Code of Georgia1 Annotated, relating to sale of electricity by facility generati ng electricity, steam, or other2 forms of energy for its own consumption, so as to provide for p ortable solar generation3 devices; to exempt electricity generation devices below 1,200 w atts from certain4 requirements of interconnection and operation; to prohibit elec tric service providers from5 requiring certain criteria prior to the operation of portable solar generation devices; to limit6 liability; to prohibit the sale of electricity generated by portable solar generation devices; to7 provide for a definition; to provide for related matters; to re peal conflicting laws; and for8 other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Part 3 of Article 1 of Chapter 3 of Title 46 of the Official Co de of Georgia Annotated,12 relating to sale of electricity by facility generating electricity, steam, or other forms of energy13 for its own consumption, by amending Code Section 46-3-52, rela ting to jurisdiction of14 commission over cogeneration facility the energy from which is used solely by operator, as15 follows:16 H. B. 1304 - 1 - 26 LC 56 0565 "46-3-52.17 As used in this part, the term:18 (1) 'Bidirectional metering' means measuring the amount of ele ctricity supplied by an19 electric service provider and the amount fed back to the electric service provider by the20 customer's distributed generation facility using the same meter.21 (2) 'Cogeneration facility' means a facility, other than a distributed generation facility,22 which produces electric energy, steam, or other forms of useful energy (such as heat)23 which are used for industrial, commercial, heating, or cooling purposes.24 (3) 'Customer generator' means the owner and operator of a dis tributed generation25 facility.26 (4) 'Distributed generation facility' means a facility owned and operated by a customer27 of the electric service provider for the production of electrical energy that:28 (A) Uses a solar Photovoltaic photovoltaic system, fuel cell, or wind turbine;29 (B) Has a peak generating capacity of more than 1,200 watts but not more than 10kw30 for a residential application and 100kw for a commercial application;31 (C) Is located on the customer's premises;32 (D) Operates in parallel with the electric service provider's distribution facilities;33 (E) Connected to the electric service provider's distribution system on either side of the34 electric service provider's meter; and35 (F) Is intended primarily to offset part or all of the customer generator's requirements36 for electricity.37 (5) 'Electric membership corporation' means a corporation organized under Article 2 of38 this chapter.39 (6) 'Electric service provider' means any electric utility, electric membership corporation,40 or municipal electric utility that is engaged in the business o f distributing electricity to41 retail electric customers in the state.42 H. B. 1304 - 2 - 26 LC 56 0565 (7) 'Electric supplier' means any electric utility, electric m embership corporation43 furnishing wholesale service, any municipal electric utility or any other person which44 furnishes wholesale service to any municipality, and the Tennessee Valley Authority.45 (8) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the46 commission.47 (9) 'Municipal electric utility' means a city or town that own s or operates an electric48 utility.49 (10) 'Person' means a natural person, corporation, trust, part nership, incorporated or50 unincorporated association, or any other legal entity.51 (11) 'Portable solar generation device' means a moveable photovoltaic generation device52 that:53 (A) Has a maximum power output of not more than 1,200 watts;54 (B) Is designed to be connected to a building's electrical sys tem through a standard55 120-volt alternating current outlet;56 (C) Is intended primarily to offset part of the customer's electricity consumption;57 (D) Meets the standards of the most recent version of the National Electrical Code; and58 (E) Is certified by Underwriters Laboratories or an equivalent nationally recognized59 testing laboratory.60 (12) 'Renewable energy sources' means energy supplied from technologies as approved61 in the Georgia Green Pricing Accreditation Program."62 SECTION 2.63 Said part is further amended by adding a new Code section to read as follows:64 "46-3-57.65 (a) A customer using a portable solar generation device shall not be required to enter into66 a written agreement with an electric service provider prior to such device's use.67 H. B. 1304 - 3 - 26 LC 56 0565 (b) An electric service provider shall not require a customer using a portable solar68 generation device to:69 (1) Obtain the electric service provider's approval before installing or using such device;70 (2) Pay any interconnection fee for such device;71 (3) Install or use a bidirectional meter; or72 (4) Pay any additional metering fees based on the customer's use of such device.73 (c) An electric service provider shall not be required to purchase or provide credit for any74 electricity generation by a portable solar generation device above the customer's usage.75 (d) A portable solar generation device shall include a device or feature that prevents the76 system from energizing the building's electrical system during a power outage.77 (e) An electric service provider is not liable for any damage or injury caused by a portable78 solar generation device."79 SECTION 3.80 All laws and parts of laws in conflict with this Act are repealed. 81 H. B. 1304 - 4 -