H. B. No. 200
*HR03/R412*
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To: Public Utilities;Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2010 By: Representative Baker (74th) HOUSE BILL NO. 200 AN ACT TO CREATE THE "MISSISSIPPI AGRICULTURAL RENEWABLE1ENERGY DEVELOPMENT ACT OF 2010"; TO PROVIDE CERTAIN DEFINITIONS;2TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, AFTER OPPORTUNITY3FOR PUBLIC COMMENT, SHALL ESTABLISH APPROPRIATE RATES, TERMS AND4CONDITIONS FOR NET-METERING CONTRACTS; TO AUTHORIZE THE COMMISSION5TO ALLOW AN ELECTRIC UTILITY TO ASSESS A HIGHER FEE FOR6NET-METERING CUSTOMERS IF NEEDED; TO REQUIRE THE COMMISSION TO7CREDIT A NET-METERING CUSTOMER WITH ANY ACCUMULATED NET EXCESS8GENERATION; TO REQUIRE ANY NET EXCESS GENERATION CREDIT REMAINING9IN A NET-METERING CUSTOMER'S ACCOUNT AT THE CLOSE OF AN ANNUAL10BILLING CYCLE TO BE REIMBURSED AT A CERTAIN RATE; TO PROVIDE THAT11ANY RENEWABLE ENERGY CREDIT CREATED AS THE RESULT OF ELECTRICITY12SUPPLIED BY A NET-METERING CUSTOMER IS THE PROPERTY OF THE13CUSTOMER THAT GENERATED THE CREDIT; AND FOR RELATED PURPOSES.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:15
SECTION 1.
This act shall be known and may be cited as the16"Mississippi Agricultural Renewable Energy Development Act of172010."18
SECTION 2.
The Legislature finds that:19(a) Net energy metering encourages the use of renewable20energy resources and renewable energy technologies. Increasing21the consumption of renewable energy resources promotes the wise22use of this state's natural energy resources to meet a growing23energy demand, increases the use of indigenous energy fuels and24fosters investment in emerging renewable technologies to stimulate25economic development and job creation in this state; and26(b) Mississippi should actively encourage the27manufacture of new technologies through promotion of emerging28energy technologies. Net energy metering could help to further29attract energy technology manufacturers in these industries,30thereby fulfilling the need for these technologies in the state's31economy as well as easier customer access to these technologies.32
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SECTION 3.
For purposes of this act, the following words and33terms shall have the meanings ascribed in this section unless the34context clearly indicates otherwise:35(a) "Commission" means the Mississippi Public Service36Commission or other appropriate governing body for an electric37utility as defined in this section;38(b) "Electric utility" means a public or investor-owned39utility, an electric cooperative, municipal utility or any private40power supplier or marketer that is engaged in the business of41supplying electric energy to the ultimate consumer or any customer42class within the state;43(c) "Net excess generation" means the amount of44electricity that a net-metering customer has fed back to the45electric utility in excess of the amount of electricity used by46that consumer during the applicable period;47(d) "Net metering" means measuring the difference48between electricity supplied by an electric utility and the49electricity generated by a net-metering customer and fed back to50the electric utility over the applicable billing period;51(e) "Net-metering customer" means any agricultural or52forestry industry that owns a net-metering facility;53(f) "Net-metering facility" means a facility for the54production of electrical energy that:55(i) Uses solar, wind, hydroelectric, geothermal or56biomass resources to generate electricity including, but not57limited to, fuel cells and micro turbines that generate58electricity if the fuel source is entirely derived from renewable59resources;60(ii) Has a maximum generating capacity of not more61than twenty-five Kilowatts (25KW) for residential use or three62hundred Kilowatts (300KW) for any other use;63(iii) Is located in Mississippi;64
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(iv) Can operate in parallel with an electric65utility's existing transmission and distribution facilities; and66(v) Is intended primarily to offset part or all of67the net-metering customer requirements for electricity;68(g) "Renewable energy credit" means the environmental,69economic and social attributes of a unit of electricity, such as a70megawatt hour, generated from renewable fuels that can be sold or71traded separately.72
SECTION 4.
(1) An electric utility shall allow net-metering73facilities to be interconnected using a standard meter capable of74registering the flow of electricity in two (2) directions.75(2) Following notice and opportunity for public comment, the76commission:77(a) Shall establish appropriate rates, terms and78conditions for net-metering contracts, including a requirement79that metering equipment be installed to accurately measure both80the electricity supplied by the electric utility to each81net-metering customer and the electricity generated by each82net-metering customer that is fed back to the electric utility83over the applicable billing period;84(b) May authorize an electric utility to assess a85net-metering customer a cost recovery fee or charge, if the86electric utility's direct costs of interconnection and87administration of net metering outweigh the distribution system,88the environmental and public policy benefits of the distribution89system, or the environmental and public policy benefits of90allocating the costs among the electric utility's entire customer91base;92(c) Shall require electric utilities to credit a93net-metering customer with any accumulated net excess generation94in the next applicable billing period;95(d) May expand the scope of net metering to include96additional facilities that do not use a renewable energy resource97
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