(5)
["Generation credit" means a credit associated with the
generation
of electricity produced in
excess of the electricity consumed by an eligible
customer- generator in one
billing period.
(6)]
"Micro combined heat and power" means the simultaneous or
sequential production of
useful thermal energy and electrical or mechanical power not
exceeding 30 kilowatts.
[(7)] (6)
"Net energy metering" means measurement of
the difference
between the electricity that
is supplied by an electric company and the electricity that
is generated by an eligible
customer - generator and fed back to the electric grid
over
the eligible customer
-generator's billing period.
(7)
"NET EXCESS GENERATION" MEANS THE AMOUNT OF THE
ELECTRICITY GENERATED BY AN ELIGIBLE CUSTOMER-GENERATOR THAT IS IN
EXCESS OF THE
ELECTRICITY CONSUMED BY
THE ELIGIBLE
CUSTOMER-GENERATOR AND THAT RESULTS IN A NEGATIVE KILOWATT-HOUR
READING AT THE END OF THE ELIGIBLE CUSTOMER-GENERATOR'S BILLING
CYCLE.
(iii)
1. The [amount of the generation
credit shall be
calculated at the prevailing
market price of energy applicable to the electric company
in the PJM Interconnection
energy market, as that market may change from time to
time] DOLLAR VALUE OF NET EXCESS GENERATION SHALL BE EQUAL TO THE
SUM OF THE ENERGY CHARGE AND THE DISTRIBUTION CHARGE PORTION OF
THE RETAIL GENERATION OR COMMODITY PORTION OF THE RATE THAT THE
ELIGIBLE CUSTOMER-GENERATOR
WOULD HAVE BEEN CHARGED BY THE
ELECTRIC COMPANY AVERAGED OVER
THE CALENDAR YEAR PREVIOUS
12 -MONTH PERIOD ENDING WITH THE BILLING CYCLE THAT IS COMPLETE
IMMEDIATELY PRIOR TO THE END OF APRIL MULTIPLIED BY THE NUMBER OF
KILOWATT-HOURS OF NET EXCESS GENERATION.
2.
FOR CUSTOMERS SERVED BY AN ELECTRICITY
SUPPLIER, THE DOLLAR VALUE OF THE NET EXCESS GENERATION SHALL BE
EQUAL TO THE GENERATION OR COMMODITY RATE THAT THE CUSTOMER
WOULD HAVE BEEN CHARGED BY THE ELECTRICITY SUPPLIER MULTIPLIED BY
THE NUMBER OF KILOWATT-HOURS OF NET EXCESS GENERATION.
MARTIN O'MALLEY, Governor
Ch. 405
Chapter 405
(Senate
Bill 380)
AN ACT concerning
Electricity
- Net Energy Metering
FOR the purpose of altering
the period during which an eligible customer - generator
may accrue certain net excess
generation; requiring a certain electric company
to carry forward a negative
kilowatt- hour reading net excess generation until a
certain consumption eliminates
the net excess generation or a certain accrual
period expires; altering how
the dollar value of a certain net excess generation
is calculated; repealing a
requirement that certain generation credit appear on
the eligible customer -
generator's bill in a dollar amount; requiring an electric
company to reimburse certain eligible
customer - generators for the dollar value
of certain accrued net excess
generation on or before a certain date each year;
providing
that a certain eligible customer- generator may choose to be paid for
the dollar
value of certain net excess generation on a monthly basis under
certain circumstances;
repealing a provision authorizing the Public Service
Commission to require a
certain eligible customer - generator to install a certain
dual meter under certain
circumstances; repealing a provision that requires the
Commission to develop a
certain credit formula; altering the date by which the
Commission
is required to report each year on the status of the net metering
program; repealing a certain
definition; defining a certain term; and generally
relating to net energy
metering and payment for accrued net excess generation.
BY repealing and reenacting,
with amendments,
Article - Public Utilities
Section 7 - 306
Annotated Code of Maryland
(2010 Replacement Volume)
SECTION 1. BE IT ENACTED BY
THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of
Maryland read as follows:
Article -
Public Utilities
7 - 306.
(a)
(1) In this section the following words
have the meanings indicated.
(2)
"Biomass" means "qualified biomass" as defined in § 7-701 of this
title.
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Ch. 405 2011 LAWS OF MARYLAND
(3)
"Eligible customer-generator" means a customer that owns and
operates, leases and operates,
or contracts with a third party that owns and operates a
biomass, micro combined heat
and power, solar, fuel cell, or wind electric generating
facility that:
(i)
is located on the customer's premises or contiguous property;
(ii)
is interconnected and operated in parallel with an electric
company's transmission an d
distribution facilities; and
(iii)
is intended primarily to offset all or part of the customer's
own electricity requirements.
(4)
"Fuel cell" means an electric generating facility that:
(i)
includes integrated power plant systems containing a stack,
tubular array, or other
functionally similar configuration used to electrochemically
convert fuel to electric
energy; and
(ii)
may include:
1.
an inverter and fuel processing system; and
2.
other plant equipment to support the plant's
operation or its energy
conversion, including heat recovery equipment.
(5)
["Generation credit" means a credit associated with the
generation
of electricity produced in
excess of the electricity consumed by an eligible
customer- generator in one
billing period.
(6)]
"Micro combined heat and power" means the simultaneous or
sequential production of
useful thermal energy and electrical or mechanical power not
exceeding 30 kilowatts.
[(7)] (6)
"Net energy metering" means measurement of the difference
between the electricity that
is supplied by an electric company and the electricity that
is generated by an eligible
customer - generator and fed back to the electric grid over
the eligible customer
-generator's billing period.
(7)
"NET EXCESS GENERATION" MEANS THE AMOUNT OF THE
ELECTRICITY GENERATED BY AN ELIGIBLE CUSTOMER-GENERATOR THAT IS IN
EXCESS OF THE
ELECTRICITY CONSUMED BY
THE ELIGIBLE
CUSTOMER-GENERATOR AND THAT RESULTS IN A NEGATIVE KILOWATT-HOUR
READING AT THE END OF THE ELIGIBLE CUSTOMER-GENERATOR'S BILLING
CYCLE.
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MARTIN O'MALLEY, Governor Ch. 405
(b)
The General Assembly finds and declares that a program to provide
net
energy metering for eligible
customer - generators is a means to encourage private
investment in renewable energy
resources, stimulate in - State economic growth,
enhance continued
diversification of the State's energy resource mix, and reduce costs
of interconnection and
administration.
(c)
An electric company serving an eligible customer-generator shall
ensure
that the meter installed for
net energy metering is capable of measuring the flow of
electricity in two directions.
(d)
The Commission shall require electric utilities to develop a
standard
contract or tariff for net
energy metering and make it available to eligible
customer- generators on a
first - come, first - served basis until the rated generating
capacity owned and operated by
eligible customer - generators in the State reaches
1,500 megawatts.
(e)
(1) [Except as provided in
subsection (g) of this section, a] A net
energy metering contract or
tariff shall be identical, in energy rates, rate structure,
and monthly charges, to the
contract or tariff that the customer would be assigned if
the customer were not an
eligible customer - generator.
(2)
(i) A net energy metering contract or
tariff may not include
charges that would raise the
eligible customer -generator's minimum monthly charge
above that of customers of the
rate class to which the eligible customer - generator
would otherwise be assigned.
(ii)
Charges prohibited by this paragraph include new or
additional demand charges,
standby charges, customer charges, and minimum
monthly charges.
(f)
(1) The electric company shall calculate
net energy metering in
accordance with this
subsection.
(2)
Net energy produced or consumed on a regular basis shall be
measured in accordance with
standard metering practices.
(3)
If electricity supplied by the grid exceeds electricity generated
by
the eligible customer -
generator during a month, the eligible customer - generator shall
be billed for the net energy
supplied in accordance with subsection (e) of this section.
(4)
If electricity generated by the eligible customer-generator
exceeds
the electricity supplied by
the grid, the eligible customer - generator shall be billed only
customer charges for that
month in accordance with subsection (e) of this section.
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Ch. 405 2011 LAWS OF MARYLAND
(5)
(i) An eligible customer-generator under
paragraph (4) of this
subsection may accrue [generation
credit] NET EXCESS GENERATION FOR A
PERIOD:
1.
NOT TO EXCEED 1 CALENDAR YEAR 12 MONTHS;
AND
2.
THAT ENDS WITH THE BILLING CYCLE THAT IS
COMPLETE IMMEDIATELY PRIOR TO THE END OF APRIL OF EACH YEAR.
(ii)
The electric company shall carry forward [accrued
generation credit] A NEGATIVE KILOWATT-HOUR READING NET EXCESS
GENERATION until:
1.
the eligible customer-generator's consumption of
electricity from the grid
eliminates the [credit] NEGATIVE KILOWATT-HOUR
READING NET EXCESS GENERATION; or
2.
the [eligible customer-generator has been paid by the
electric company for any
remaining credit in accordance with paragraph (6) of this
subsection] 1 -YEAR ACCRUAL PERIOD UNDER SUBPARAGRAPH (1) (I) OF THIS
PARAGRAPH EXPIRES.
(iii)
1. The [amount of the generation
credit shall be
calculated at the prevailing
market price of energy applicable to the electric company
in the PJM Interconnection
energy market, as that market may change from time to
time] DOLLAR VALUE OF NET EXCESS GENERATION SHALL BE EQUAL TO THE
SUM OF THE ENERGY CHARGE AND THE DISTRIBUTION CHARGE PORTION OF
THE RETAIL GENERATION OR COMMODITY PORTION OF THE RATE THAT THE
ELIGIBLE CUSTOMER-GENERATOR
WOULD HAVE BEEN CHARGED BY THE
ELECTRIC COMPANY AVERAGED OVER
THE CALENDAR YEAR PREVIOUS
12 -MONTH PERIOD ENDING WITH THE BILLING CYCLE THAT IS COMPLETE
IMMEDIATELY PRIOR TO THE END OF APRIL MULTIPLIED BY THE NUMBER OF
KILOWATT-HOURS OF NET EXCESS GENERATION.
2.
FOR CUSTOMERS SERVED BY AN ELECTRICITY
SUPPLIER, THE DOLLAR VALUE OF THE NET EXCESS GENERATION SHALL BE
EQUAL TO THE GENERATION OR COMMODITY RATE THAT THE CUSTOMER
WOULD HAVE BEEN CHARGED BY THE ELECTRICITY SUPPLIER MULTIPLIED BY
THE NUMBER OF KILOWATT-HOURS OF NET EXCESS GENERATION.
[(iv) The
generation credit shall appear on the eligible
customer-generator's bill in a
dollar amount.]
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MARTIN O'MALLEY, Governor Ch. 405
(6)
(i) [By written request, the
eligible customer-generator may
receive payment from the
electric company for any accrued generation credit that
remains at the end of a 12 -
month period.
(ii)
On written request of the eligible customer-generator under
subparagraph (i) of this
paragraph, within 15 days after the end of a 12 - month
period,] ON OR BEFORE JANUARY 15 30 DAYS AFTER THE
BILLING CYCLE THAT
IS COMPLETE IMMEDIATELY PRIOR TO THE END OF APRIL OF EACH YEAR, the
electric company shall pay
[the] EACH eligible
customer - generator for THE DOLLAR
VALUE OF any accrued [generation credit] NET EXCESS GENERATION remaining at
the end of the [12 -
month period] PREVIOUS CALENDAR YEAR 12 -MONTH PERIOD
ENDING WITH THE BILLING CYCLE THAT IS COMPLETE IMMEDIATELY PRIOR
TO
THE END OF APRIL.
[(iii)] (II) Within 15 days after the date the
eligible
customer- generator closes the
eligible customer -generator's account, the electric
company shall pay the eligible
customer - generator for THE DOLLAR VALUE OF any
accrued [generation
credit] NET EXCESS GENERATION remaining
at the time the
eligible customer - generator
closes the account.
(7)
(I)
NOTWITHSTANDING PARAGRAPHS (5) AND (6) OF THIS
SUBSECTION, AN ELIGIBLE CUSTOMER-GENERATOR SERVED BY AN ELECTRIC
COOPERATIVE THAT SERVES A POPULATION OF LESS THAN 250,000 IN ITS
DISTRIBUTION TERRITORY MAY CHOOSE TO BE PAID FOR THE DOLLAR VALUE
OF NET EXCESS GENERATION REMAINING AT THE END OF EACH MONTH
INSTEAD
OF AT THE END OF THE ACCRUAL PERIOD SPECIFIED UNDER PARAGRAPH (5)(I)
OF THIS SUBSECTION.
(II)
IF AN ELIGIBLE-CUSTOMER GENERATOR CHOOSES TO
BE PAID FOR THE DOLLAR VALUE OF NET EXCESS GENERATION REMAINING AT
THE END OF EACH MONTH:
1.
THE CUSTOMER-GENERATOR
MAY ACCRUE NET
EXCESS GENERATION ON A MONTHLY BASIS;
2.
THE DOLLAR VALUE OF THE NET EXCESS
GENERATION SHALL BE EQUAL TO THE GENERATION OR COMMODITY PORTION
OF THE RATE THAT THE ELIGIBLE CUSTOMER-GENERATOR WOULD HAVE BEEN
CHARGED BY THE ELECTRIC COMPANY FOR THE PREVIOUS MONTH; AND
3.
ON OR BEFORE 30 DAYS AFTER THE END OF EACH
MONTH,
THE
ELECTRIC COOPERATIVE
SHALL PAY THE ELIGIBLE
CUSTOMER-GENERATOR FOR THE DOLLAR VALUE OF NET EXCESS GENERATION
REMAINING AT THE END OF THE PREVIOUS MONTH.
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Ch. 405 2011 LAWS OF MARYLAND
(g)
[(1) For an eligible customer-generator
whose facility is sized to
produce energy in excess of
the eligible customer -generator's annual energy
consumption, the Commission:
(i)
may require the eligible customer-generator to install a dual
meter that is capable of
measuring the flow of electricity in two directions; and
(ii)
shall develop a credit formula that:
1.
excludes recovery of transmission and distribution
costs; and
2.
provides that the credit may be calculated using a
method other than a kilowatt -
hour basis, including a method that allows a
dollar- for- dollar offset of
electricity supplied by the grid compared to electricity
generated by the eligible
customer - generator.
(2)
In determining whether to require an eligible customer-generator
to install a dual meter under
paragraph (1)(i) of this subsection, the Commission shall
consider the generating
capacity of the eligible customer - generator.
(h)]
(1) The generating capacity of an electric
generating system used by
an eligible customer
-generator for net metering may not exceed 2 megawatts.
(2)
An electric generating
system used by
an eligible
customer- generator for net
metering shall meet all applicable safety and performance
standards established by the
National Electrical Code, the Institute of Electrical and
Electronics Engineers, and
Underwriters Laboratories.
(3)
The Commission may adopt by regulation additional control and
testing requirements for eligible customer - generators that
the Commission
determines are necessary to
protect public safety and system reliability.
(4)
An electric company
may not require
an eligible
customer- generator whose
electric generating system meets the standards of
paragraphs (2) and (3) of this
subsection to:
(i)
install additional controls;
(ii)
perform or pay for additional tests; or
(iii)
purchase additional liability insurance.
(5)
An eligible
customer-generator OR THE ELIGIBLE
CUSTOMER-GENERATOR'S ASSIGNEE shall own and have title to all
renewable
- 6 -
MARTIN O'MALLEY, Governor Ch. 405
energy attributes or renewable
energy credits associated with any electricity produced
by its electric generating
system.
[(i)] (H) On or before February SEPTEMBER 1 of each year, the
Commission shall report to the
General Assembly, in accordance with § 2 - 1246 of the
State Government Article, on
the status of the net metering program under this
section, including:
(1)
the amount of capacity of electric generating facilities owned and
operated by eligible customer-
generators in the State by type of energy resource;
(2)
based on the need to encourage a diversification of the State's
energy resource mix to ensure
reliability, whether the rated generating capacity limit
in subsection (d) of this
section should be altered; and
(3)
other pertinent information.
SECTION 2. AND BE IT FURTHER
ENACTED, That this Act shall take effect
June 1, 2011.
Approved by
the Governor, May 19, 2011.
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