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34-GH1571\N CS FOR HOUSE BILL NO.
34-GH1571\A HOUSE BILL NO.
164(ENE) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY THE HOUSE SPECIAL COMMITTEE ON ENERGY Referred:
164 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced:
Finance Sponsor(s):
3/28/25 Referred:
HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A BILL FOR AN ACT ENTITLED "An Act relating to net metering;
House Special Committee on Energy, Finance A BILL FOR AN ACT ENTITLED "An Act relating to a net metering program;
HB0164b -1- CSHB 164(ENE) New Text Underlined [DELETED TEXT BRACKETED] 34-GH1571\N * Sec.
HB0164a -1- HB 164 New Text Underlined [DELETED TEXT BRACKETED] 34-GH1571\A * Sec.
AS 42.05.391(a), as amended by sec.
1 of this Act, is amended to read:
(a) Except as provided in AS 42.05.306 [AND 42.05.395], a public utility may not, as to rates, grant an unreasonable preference or advantage to any of its customers or subject a customer to an unreasonable prejudice or disadvantage.
A public utility may not establish or maintain an unreasonable difference as to rates, either as between localities or between classes of service.
A municipally owned utility may offer uniform or identical rates for a public utility service to customers located in different areas within its certificated service area who receive the same class of service.
Any uniform or identical rate shall, upon complaint, be subject to review by the commission and may be set aside if shown to be unreasonable.
* Sec.
3.
(a) A load-serving entity shall provide a net metering service that (1) on a monthly basis, credits a consumer-generator's account in an amount equal to the consumer's excess electric energy generation multiplied by the rate per kilowatt-hour that would apply if the consumer were not a consumer- generator;
(a) A load-serving entity that is served by an electric reliability organization and has total retail sales exceeding 5,000,000 kilowatt- hours during a calendar year shall provide a net metering service that (1) on a monthly basis, credits a consumer-generator's account in an amount equal to the consumer's excess electric energy generation multiplied by the rate per kilowatt-hour that would apply if the consumer was not a consumer-generator;
in this paragraph, the rate per kilowatt-hour may be a seasonal or time-of- use rate;
in this paragraph, the rate per kilowatt-hour may be a seasonal or time-of-use rate;
and (2) allows a consumer-generator to accrue and use account credit for the consumer-generator's own consumption on an annual cycle that ends March 31 of each year, after which all accrued and unused credit expires.
and (2) allows a consumer-generator to accrue and use account credit for the consumer-generator's own consumption on an annual cycle that ends March 31 of each year, after which date all accrued and unused credit expires.
(b) A consumer-generator may elect to receive net metering service under this section for generating capacity installed before April 1, 2027, or continue to receive service under tariff terms in effect when the generating capacity was installed.
(b) A consumer-generator may elect to receive net metering service for generating capacity installed before July 1, 2025, or to continue receiving service under tariff terms in effect when the generating capacity was installed.
(c) A load-serving entity may not limit consumer-generator participation in the net metering service within the load-serving entity's service territory unless the commission, after a hearing, finds that the limitation is necessary to protect system reliability or to prevent rates for customers that are not consumer-generators from being unjust and unreasonable.
(c) A load-serving entity may not limit consumer-generator participation in the net metering service within its service territory unless the commission, after a hearing, finds that limitation is necessary to protect system reliability or to prevent rates for customers that are not consumer-generators from being unjust and unreasonable.
(d) A load-serving entity that provides a net metering service may apply to the Alaska Energy Authority under AS 42.45.015 to seek to recover revenue losses CSHB 164(ENE) -2- HB0164b New Text Underlined [DELETED TEXT BRACKETED] 34-GH1571\N attributable to the entity's net metering service.
(d) A load-serving entity providing a net metering service may seek recovery of revenue losses attributable to the entity's net metering service by application to the Alaska Energy Authority under AS 42.45.015.
(e) If funds are not available in the net metering reimbursement fund established under AS 42.45.015 and revenue losses attributable to a load-serving entity's net metering service would require the entity to request approval from the commission to increase rates for customers who are not consumer-generators by more than two percent annually, the entity may request approval of the commission to modify rates for consumer-generators.
(e) The commission shall adopt regulations to implement this section that, at a minimum, establish standards and procedures for calculating a load-serving entity's revenue losses eligible for recovery under (d) of this section.
A rate modification under this subsection may not increase rates for consumer-generators more than is necessary to avoid increasing rates by more than two percent annually for customers who are not consumer- generators.
(f) In this section, (1) "consumer" means a customer of an electric utility that consumes electricity purchased from the electric utility;
(f) A consumer-generator may not elect to receive net metering service under this section for generating capacity installed on or after April 1, 2037.
(2) "consumer-generator" means a consumer that generates electric energy (A) on premises owned by, leased by, rented to, or licensed to the consumer at a location where an electric utility provides service;
A consumer- generator may only continue to receive net metering service under this section (1) until April 1, 2037, for generating capacity installed before April 1, 2030;
HB 164 -2- HB0164a New Text Underlined [DELETED TEXT BRACKETED] 34-GH1571\A (B) that has a capacity of 25 kilowatts or less;
or (2) for up to seven years after the generating capacity was installed, for generating capacity installed on or after April 1, 2030 and before April 1, 2037.
(C) through a generation system that produces the electric energy from solar photovoltaic and solar thermal energy, wind energy, biomass energy, hydroelectric energy, geothermal energy, hydrokinetic energy, ocean thermal energy, or other renewable energy source that has a similar environmental impact;
(g) The commission shall adopt regulations to implement this section that, at a minimum, establish standards and procedures for calculating a load-serving entity's revenue losses eligible for recovery under (d) of this section.
(D) that is interconnected and operates in parallel with the load- serving entity;
(h) The commission may not adopt a regulation that limits participation in a load-serving entity's net metering service based on the total capacity of generation systems used by consumer-generators participating in the service.
and (E) that offsets part or all the consumer's own electrical use;
This subsection does not limit the authority of an electric reliability organization or the commission under AS 42.05.760 - 42.05.790.
(i) This section applies only to load-serving entities that are served by an electric reliability organization and have total retail sales exceeding 5,000,000 kilowatt-hours during a calendar year.
(j) In this section, (1) "consumer" means a customer of a load-serving entity who consumes electricity purchased from the load-serving entity;
HB0164b -3- CSHB 164(ENE) New Text Underlined [DELETED TEXT BRACKETED] 34-GH1571\N (2) "consumer-generator" means a consumer who generates electric energy (A) on premises owned by, leased by, rented to, or licensed to the consumer at a location where a load-serving entity provides service;
(B) through a generation system (i) with a capacity of 25 kilowatts or less;
(ii) that produces the electric energy from solar photovoltaic and solar thermal energy, wind energy, biomass energy, hydroelectric energy, geothermal energy, hydrokinetic energy, ocean thermal energy, or other renewable energy source that has a similar environmental impact;
and (iii) that is interconnected and operates in parallel with the load-serving entity;
and (C) that offsets part or all the consumer's own electrical use;
4.
3.
AS 42.45 is amended by adding a new section to read:
AS 42.05 is amended by adding a new section to read:
(c) Subject to appropriation, the authority may make payments from the fund to a load-serving entity eligible for recoverable costs under AS 42.05.395 and implement regulations adopted by the Regulatory Commission of Alaska.
(c) Subject to appropriation, the authority may make payments from the fund to a load-serving entity eligible for recoverable costs under AS 42.05.395 and implementing regulations adopted by the Regulatory Commission of Alaska.
5.
4.
AS 42.05.395 and AS 42.45.015 are repealed April 1, 2044.
This Act takes effect July 1, 2025.
CSHB 164(ENE) -4- HB0164b New Text Underlined [DELETED TEXT BRACKETED] 34-GH1571\N * Sec.
HB0164a -3- HB 164 New Text Underlined [DELETED TEXT BRACKETED]
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6.
Section 2 of this Act takes effect April 1, 2044.
* Sec.
7.
Except as provided in sec 6 of this Act, this Act takes effect April 1, 2027.
HB0164b -5- CSHB 164(ENE) New Text Underlined [DELETED TEXT BRACKETED]
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