HB 779
With the filing of HB 779 by Representative Burgin, Florida businesses now have a chance to support and pass legislation that will allow for a simple, cost free way to develop renewable energy in Florida. But as expected, the Investor Owned Utility assault machine is starting to gear up for attack. In the article below, the rhetoric has already begun with the disingenuous description of an independently built rooftop solar system as a "small utility". The IOU's need to understand that property owners and developers in the state don't operate by the same rules that they do. The private developers also don't get the privilege of a guaranteed rate of return and ratepayer cost recovery either.
Groups support bill that would brighten horizons for small solar energy providers
by Bruce Ritchie
A diverse coalition of groups is backing a bill that would exempt small solar power producers from being classified as utilities under state law.
HB 779 could allow farmers to sell electricity to neighboring property owners or a mall owner to sell electricity to retail tenants without facing the huge regulatory hurdles of being a utility, supporters say. Rep. Rachel Burgin, R-Riverview, filed the bill on Monday.
In 1987, the Public Service Commission ruled that a steam co-generation plant proposed by P. W. Ventures to sell electricity to Pratt and Whitney in Palm Beach County represented a utility project that placed it under PSC regulation. The Florida Supreme Court upheld the PSC ruling in 1988.
HB 779 supporters include Florida Farm Bureau Federation, the Florida Retail Federation, the Florida Alliance for Renewable Energy and the Southern Alliance for Clean Energy. The bill would exempt those who produce five megawatts or less of solar energy from the definition of a public utility in state law.
"In general we are supportive of anything that opens up the marketplace and doesn't allow the utilities to control the renewable energy market," said John E. Fleming, the Florida Retail Federation's director of Communications.
The House and Senate for the past three years have failed to pass major legislation that supporters said would increase renewable energy and create jobs. Some renewable energy supporters may be setting their sights lower this year, seeking smaller gains where there is less opposition from utilities and commercial ratepayers.
HB 779 also allows landowners with multiple electric meters to claim credit from a renewable energy project against other meters on the property.
"This costs nothing to the ratepayers," said Mike Anthiel, executive director of the Florida Alliance for Renewable Energy. "And its a bullseye on the political mantras of the day of 'free market forces,' 'competition' and 'big government, get out of my life.' "
Anthiel said he expects the utilities to oppose the bill although the energy generated by the small solar producers will be small compared to the big companies.
Utilities have raised concerns in the past about losing electricity sales while having to maintain utility lines, safety and reliability of the electric grid. A Tampa Electric Co. spokesman said the utility is opposed to HB 779.
"We are not against solar we are not against renewable per se," said Patrick Ho, the TECO spokesman. "As far as small-scale utilities, we are against those."