Amendment vs bill Amendment 211 vs Reprint 1

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EXEMPT (Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.
Session (82nd) A AB425 211 Amendment No.
425 A SSEMBLY B ILLN O.
211 Assembly Amendment to Assembly Bill No.
425–COMMITTEE ON GROWTH AND INFRASTRUCTURE M ARCH 27, 2023 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing net metering.
425 (BDR 58-1036) Proposed by:
Assembly Committee on Growth and Infrastructure Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
JFD/BJF - Date:
4/17/2023 A.B.
No.
425—Revises provisions governing net metering.
(BDR 58-1036) Page 1 of 14 *A_AB425_211* Assembly Amendment No.
211 to Assembly Bill No.
425 Page 3 A SSEMBLY B ILLNO .
425–COMMITTEE ONG ROWTH AND INFRASTRUCTURE MARCH 27,2023 _______________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions governing net metering.
authorizing the users of a low- income housing shared net metering system to participate in net metering;
authorizing the users of a low-income housing shared net metering system to participate in net metering;
Existing law requires each electric utility in this State to offer net metering to Section 10 and 11 of this bill authorize the users of a low-income housing shared net metering system to participate in net metering.
Existing law requires each electric utility in this State to offer net metering to customer- generators operating in the service area of the utility.
(NRS 704.773) Section 10 and 11 of this bill authorize the users of a low-income housing shared net metering system to participate in net metering.
Section 8 of this bill excludes persons who own or operate a low-income housing shared net metering system from the definition of “public utility.” Section 9 of this bill makes a conforming change to make the definitions set forth in sections 2-7 applicable to provisions governing net metering to provide for the administration of net metering with respect to low-income housing shared net metering systems, including the measuring of net electricity produced or consumed and the awarding of credit for excess electricity produced by a low-income housing shared net metering system.
Section 8 of this bill excludes persons who own or operate a low- income housing shared net metering system from the definition of “public utility.” Section 9 of this bill makes a conforming change to [indicate the proper placement of sections 2-7 in the Nevada Revised Statutes.] make the definitions set forth in sections 2-7 applicable to the law governing net metering.
Section 12 of this bill requires the Public Utilities Commission of Nevada to adopt regulations prescribing the form and substance for a low-income housing shared net contract.
Sections 12-14 of this bill revise existing provisions governing net metering to provide for the administration of net metering with respect to low-income housing shared net metering systems, including the measuring of net electricity produced or consumed and the awarding of credit for excess electricity produced by a low-income housing shared net metering system.
Section 15 of this bill provides that, with certain exceptions, certain provisions governing the rates charged for the provision of electric service by the - *AB425_R1* – 2 – landlord of a manufactured home park or mobile home park or owner of a company metering system.y to the owner or operator of a low-income housing shared net THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 12 of this bill requires the Public Utilities Commission of shared net metering tariff or tariffs and a standard low-income housing shared net metering contract.
Section 15 of this bill provides that, with certain exceptions, certain provisions governing the rates charged for the provision of electric service by the landlord of a manufactured home park or mobile home park or owner of a company town do not apply to the owner or operator of a low-income housing shared net metering system.
Assembly Amendment No.
211 to Assembly Bill No.
425 Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(a) In the case of common-area meters or master meters, a capacity that is sized to supply not more than 100 percent of the metered historic usage or reasonably expected future usage;
(a) [A] In the case of common-area meters or master meters, a capacity that or reasonably expected future usage ;
and (b) In the case of meters serving tenant units, a capacity of not more than 25 kilowatts per unit;
[for common-area meters or masterric usage meters;] and (b) [A] In the case of meters serving tenant units, a capacity of not more than 25 kilowatts per unit ;
and 7.
[for meters serving tenant units;] and 7.
Is net metered by the utility by allocating net metering credits either to common area meters or to individually-metered accounts, or both, that receive an allocation, according to the allocation schedule provided by the owner of the energy system, without requiring the energy system to be physically interconnected with the meter of each user.
Is net metered by the utility by allocating [credit for excess electricity] net metering credits either to common area meters or to individually-metered accounts, or both, that receive an allocation, according to the allocation schedule provided by the owner of the energy system, without requiring the energy system to be physically interconnected with [each] the meter [associated with a customer account.] of each user.
- *AB425_R1* – 3 – Sec.
Sec.
or 4.
or Assembly Amendment No.
211 to Assembly Bill No.
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425 Page 5 4.
(a) Contains one or more qualifying low-income residential buildings that are part of a single low-income housing enterprise;
(a) Contains one or more qualifying low-income residential buildings that are part of a single low-income housing enterprise ;
and (b) Consists of tenant housing units, which may be individually metered and the occupants of which may maintain individual customer accounts with the utility, along with common areas served by one or more common meters under the customer account of the property owner.
[on the same property or contiguous property;] and (b) Consists of tenant housing units, which may be individually metered and the occupants of which may maintain individual customer accounts with the utility, along with common areas served by one or more common meters under the customer account of the property owner.
Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of - *AB425_R1* – 4 – natural gas other than as a common carrier transmission or distribution line or system.
Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.
9.
Assembly Amendment No.
211 to Assembly Bill No.
425 Page 6 9.
- *AB425_R1* – 5 – (b) The residential or commercial units or spaces do not have individual meters measuring electricity use by an individual unit or space;
(b) The residential or commercial units or spaces do not have individual meters measuring electricity use by an individual unit or space;
Any user of a low-income housing shared net metering system, including, without limitation, tenant meters and common area meters that receive an allocation of the capacity and associated production of the low-income housing shared net - *AB425_R1* – 6 – metering system, regardless of the legal ownership of the low- income housing shared net metering system.
Any user of a low-income housing shared net metering system, including, without limitation, tenant meters and common area meters that receive an allocation of the capacity and associated production of the low-income housing shared net metering system, regardless of the legal ownership of the low-income housing shared net metering system.
(4) Operates in parallel with the utility’s transmission and distribution facilities;
Assembly Amendment No.
and (5) Is intended primarily to offset part or all of the customer- generator’s requirements for electricity;
211 to Assembly Bill No.
425 Page 7 (4) Operates in parallel with the utility’s transmission and distribution facilities;
and (5) Is intended primarily to offset part or all of the customer-generator’s requirements for electricity;
and (5) Is intended primarily to offset all or part of the customer- generator’s requirements for electricity on that property or contiguous property owned by the customer-generator;
and (5) Is intended primarily to offset all or part of the customer-generator’s requirements for electricity on that property or contiguous property owned by the customer-generator;
(5) Which is intended primarily to offset all or part of the customer-generator’s requirements for electricity on that property or on contiguous property owned or leased by the customer-generator;
(5) Which is intended primarily to offset all or part of the customer- generator’s requirements for electricity on that property or on contiguous property owned or leased by the customer-generator;
The term does not include a facility or energy system for the generation of electricity , other than a low-income housing shared - *AB425_R1* – 7 – net metering system, which has a generating capacity that exceeds the greater of:
The term does not include a facility or energy system for the generation of electricity , other than a low-income housing shared net metering system, which has a generating capacity that exceeds the greater of:
(a) The limit on the demand that the class of customer of the customer-generator may place on the system of the utility;
(a) The limit on the demand that the class of customer of the customer- generator may place on the system of the utility;
If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts, the utility:
If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than 25 kilowatts , [or if a customer-generator is allocated not more than 25 kilowatts from a low-income housing shared net metering system,] the utility:
(b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.
(b) May, at its own expense and with the written consent of the customer- generator, install one or more additional meters to monitor the flow of electricity in each direction.
(c) Except as otherwise provided in subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer- generator did not have a net metering system.
(c) Except as otherwise provided in subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system.
(d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
Assembly Amendment No.
211 to Assembly Bill No.
425 Page 8 (d) Shall not reduce the minimum monthly charge of the customer-generator based on the electricity generated by the customer-generator and fed back to the utility.
If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts, the utility:
If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than 25 kilowatts , [or if a customer-generator is allocated more than 25 kilowatts from a low-income housing shared net metering system,] the utility:
(a) May require the customer-generator or, if the net metering system is a low-income housing shared net metering system, the owner of the low-income housing shared net metering system, to install at its own cost:
(a) May require the customer-generator or, if the net metering system is a low- income housing shared net metering system, the owner of the low-income housing shared net metering system, to install at its own cost:
(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, - *AB425_R1* – 8 – including, without limitation, customer, demand and facility charges.
(b) Except as otherwise provided in paragraph (d) and subsection 7, shall not charge the customer-generator any fee or charge that is different than that charged to other customers of the utility in the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, customer, demand and facility charges.
Except as otherwise provided in subsections 2, 3 and 6 and NRS 704.7732, the utility shall not for any purpose assign a customer-generator to a rate class other than the rate class to which the customer-generator would belong if the customer-generator did not have a net metering system, including, without limitation, for the purpose of any fee or charge.
Except as otherwise provided in subsections 2, 3 and 6 and NRS 704.7732, the utility shall not for any purpose assign a customer-generator to a rate class other than the rate class to which the customer-generator would belong if the customer- generator did not have a net metering system, including, without limitation, for the purpose of any fee or charge.
(a) The system is intended primarily to offset part or all of the customer-generator’s requirements for electricity on property contiguous to the property on which the net metering system is located;
(a) The system is intended primarily to offset part or all of the customer- generator’s requirements for electricity on property contiguous to the property on which the net metering system is located;
The Commission and the utility must allow a customer- generator who accepts the offer of the utility for net metering to continue net metering pursuant to NRS 704.766 to 704.776, inclusive, and sections 2 to 7, inclusive, of this act at the location at which the net metering system is originally installed for 20 years.
The Commission and the utility must allow a customer-generator who accepts the offer of the utility for net metering to continue net metering pursuant to NRS 704.766 to 704.776, inclusive, and sections 2 to 7, inclusive, of this act at the location at which the net metering system is originally installed for 20 years.
For the purposes of this subsection, “to continue net metering” includes, without limitation:
For Assembly Amendment No.
- *AB425_R1* – 9 – (a) Retaining the percentage set forth in subsection 3 of NRS 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator;
211 to Assembly Bill No.
425 Page 9 the purposes of this subsection, “to continue net metering” includes, without limitation:
(a) Retaining the percentage set forth in subsection 3 of NRS 704.7732 to be used to determine the credit for electricity governed by paragraph (c) of subsection 2 of NRS 704.775, which is applicable to the customer-generator;
(a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:
(a) The particular provisions, limitations and responsibilities of a customer- generator which must be included in a net metering tariff with regard to:
(b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.
(b) The particular provisions, limitations and responsibilities of a customer- generator and the utility which must be included in a standard net metering contract.
(a) The particular provisions, limitations and responsibilities of a customer-generator who is an owner of a low-income housing shared net metering system, a customer-generator who is a user of a low-income housing shared net metering system and the utility which must be included in a standard net metering contract.
(a) The particular provisions, limitations and responsibilities of a customer- generator who is an owner of a low-income housing shared net metering system, a customer-generator who is a user of a low-income housing shared net metering system and the utility which must be included in a standard net metering contract.
(1) In the case of individually metered tenant units, net metering credits are equitably allocated among the tenant units as - *AB425_R1* – 10 – a percentage of system production in proportion to the size of each unit measured in square feet;
(1) In the case of individually metered tenant units, net metering credits are equitably allocated among the tenant units [in a manner that is equitable and] as a percentage of system production in proportion to the size of each unit measured in square feet;
(c) The manner in which the owner of a low-income housing shared net metering system may update the utility on the proper allocation of capacity and its associated production to various customer-generators and the frequency with which the owner may submit such updates, which must be not less than annually.
(c) The manner in which the owner of a low-income housing shared net metering system may update the utility on the proper allocation of capacity and Assembly Amendment No.
(d) The manner in which a utility is required to meter and bill customer-generators who are allocated shares of the capacity of a low-income housing net metering system, including, without limitation, the provision of net metering credits on the bill of a customer-generator.
211 to Assembly Bill No.
(e) Provisions governing the interconnection of a low-income housing shared net metering system to the system of the utility without requiring the meters of individual users or owners of the low-income housing shared net metering system to be directly interconnected to the low-income housing shared net metering system, including, without limitation, procedures and timelines that are consistent with the procedures and timelines established for other net metering systems.
425 Page 10 its associated production to various customer-generators and the frequency with which the owner may submit such updates, which must be not less than annually.
(d) The manner in which a utility is required to meter and bill customer- generators who are allocated shares of the capacity of a low-income housing net metering system [.] , including, without limitation, the provision of net metering credits on the bill of a customer-generator.
(e) Provisions governing the interconnection of a low-income housing shared net metering system to the system of the utility without requiring the meters [in] of individual [units] users or owners of the low-income housing shared net metering system to be directly interconnected to the low-income housing shared net metering system, including, without limitation, procedures and timelines that are consistent with the procedures and timelines established for other net metering systems.
If a customer-generator accepts the offer of a utility for net metering on or after June 15, 2017, and the net metering system of the customer-generator has a capacity of not more than 25 kilowatts [,] or the customer-generator is a user or owner of a low-income housing shared net metering system, the utility must, in accordance with this section, provide to the customer-generator a credit for each kilowatt-hour of excess electricity governed by paragraph (c) of subsection 2 of NRS 704.775 that is generated by the customer-generator [.] or which represents the customer-generator’s allocation of the excess electricity generated by a low-income housing shared net metering system.
If a customer-generator accepts the offer of a utility for net metering on or after June 15, 2017, and the net metering system of the customer- generator has a capacity of not more than 25 kilowatts [,] or the customer- generator is [allocated not more than 25 kilowatts from a low-income housing shared net metering system or the customer-generator is using an allocation from] a user or owner of a low-income housing shared net metering system , [to serve common areas of a qualified affordable housing property,] the utility must, in accordance with this section, provide to the customer-generator a credit for each kilowatt-hour of excess electricity governed by paragraph (c) of subsection 2 of NRS 704.775 that is generated by the customer-generator [.] or which represents the customer-generator’s allocation of the excess electricity generated by a low- income housing shared net metering system.
- *AB425_R1* – 11 – 2.
2.
and (2) Before the date on which the Commission determines and posts on its Internet website its determination that the cumulative installed capacity of all net metering systems in this State with a generating capacity of not more than 25 kilowatts for customer generators who accepted the offer of the utility for net metering on or after the date described in subparagraph (1) is equal to 80 megawatts;
and (2) Before the date on which the Commission determines and posts on its Internet website its determination that the cumulative installed capacity of all net metering systems in this State with a generating capacity of not more than 25 kilowatts for customer generators who accepted the offer of the utility for net Assembly Amendment No.
211 to Assembly Bill No.
425 Page 11 metering on or after the date described in subparagraph (1) is equal to 80 megawatts;
- *AB425_R1* – 12 – 4.
4.
On or before the 15th day of each calendar month, a utility shall post on its Internet website and report to the Commission the cumulative installed capacity of the net metering systems with a capacity of not more than 25 kilowatts for which a customer- generator has accepted the offer of that utility as of the close of business of the utility on the last business day of the immediately preceding calendar month.
On or before the 15th day of each calendar month, a utility shall post on its Internet website and report to the Commission the cumulative installed capacity of the net metering systems with a capacity of not more than 25 kilowatts for which a customer-generator has accepted the offer of that utility as of the close of business of the utility on the last business day of the immediately preceding calendar month.
A customer-generator who accepted the offer of the utility for net metering before June 15, 2017, and whose net metering system has a capacity of not more than 25 kilowatts may, but is not required to, submit a request to be treated for all purposes, including, without limitation, for the purposes of subsection 3, as a customer-generator who accepted the offer of the utility for net metering on the date of submitting the request.
A customer-generator who accepted the offer of the utility for net metering before June 15, 2017, and whose net metering system has a capacity of not more than 25 kilowatts may, but is not required to, submit a request to be treated for all purposes, including, without limitation, for the purposes of subsection 3, as a customer- generator who accepted the offer of the utility for net metering on the date of submitting the request.
(1) For a net metering system that serves only one meter, in accordance with normal metering practices.
(1) For a net metering system [other than a low-income housing shared net metering system or for a low-income housing shared net metering system] that serves only one meter, in accordance with normal metering practices.
(II) For premises that contain more than one master meter, calculate the total kilowatt-hour output associated with each master meter’s allocated share of the production of the low- income housing shared net metering system and deduct the allocated total kilowatt-hour output from each master meter’s total measured consumption.
(II) For premises that contain more than one master meter, calculate the total kilowatt-hour output associated with each master meter’s allocated share of the production of the low-income housing shared net metering system and deduct the allocated total kilowatt-hour output from each master meter’s total measured consumption.
- *AB425_R1* – 13 – (b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator , or the customer-generator’s allocated share of the electricity generated by a low-income housing shared net metering system, which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.
(b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator , or the customer-generator’s allocated share of the Assembly Amendment No.
(c) Except as otherwise provided in NRS 704.7732, if the electricity generated by the customer-generator , or the customer- generator’s allocated share of the electricity generated by a low- income housing shared net metering system, which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:
211 to Assembly Bill No.
425 Page 12 electricity generated by a low-income housing shared net metering system, which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.
(c) Except as otherwise provided in NRS 704.7732, if the electricity generated by the customer-generator , or the customer-generator’s allocated share of the electricity generated by a low-income housing shared net metering system, which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:
(2) The excess electricity which is fed back to the utility during the billing period is carried forward to the next billing period as an addition to the kilowatt-hours generated by the customer- generator in that billing period.
(2) The excess electricity which is fed back to the utility during the billing period is carried forward to the next billing period as an addition to the kilowatt- hours generated by the customer-generator in that billing period.
If the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period.
If the customer- generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period.
- *AB425_R1* – 14 – (b) Entirely by a customer-generator, including a customer- generator that is the owner of a low-income housing shared net metering system, the Commission shall issue to the customer- generator portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 and 704.78213 equal to the electricity generated by the net metering system.
(b) Entirely by a customer-generator [,] , including a customer-generator that is the owner of a low-income housing shared net metering system, the Commission shall issue to the customer-generator portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 and 704.78213 equal to the electricity generated by the net metering system.
(b) Is not equipped with individual meters for each lot, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.
(b) Is not equipped with individual meters for each lot, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or Assembly Amendment No.
211 to Assembly Bill No.
425 Page 13 occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.
- *AB425_R1* – 15 – 3.
3.
The Commission may modify the allocation in accordance with its regulations if it determines the owner’s method not to be fair.
The Commission may modify the allocation Assembly Amendment No.
The Commission shall adopt regulations governing the determination of - *AB425_R1* – 16 – the costs which an owner of a company town may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.
211 to Assembly Bill No.
425 Page 14 in accordance with its regulations if it determines the owner’s method not to be fair.
The Commission shall adopt regulations governing the determination of the costs which an owner of a company town may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.
- *AB425_R1* – 17 – regulations and performing any other preparatory administrativey tasks that are necessary to carry out the provisions of this act.
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act.
H - *AB425_R1*