THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, CALTAGIRONE, CREIGHTON, CUTLER, GEIST, JOSEPHS, KOTIK, KULA, SIPTROTH, THOMAS AND McILVAINE SMITH, MAY 8, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 8, 2009  

AN ACT

Amending the act of November 30, 2004 (P.L.1672, No.213),

entitled "An act providing for the sale of electric energy

generated from renewable and environmentally beneficial

sources, for the acquisition of electric energy generated

from renewable and environmentally beneficial sources by

electric distribution and supply companies and for the powers

and duties of the Pennsylvania Public Utility Commission," 

further providing for definitions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "customer-generator" and "net

metering" in section 2 of the act of November 30, 2004

(P.L.1672, No.213), known as the Alternative Energy Portfolio

Standards Act, amended July 17, 2007 (P.L.114, No.35), are

amended to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Customer-generator."  A nonutility owner [or], operator or

lessee of a net metered distributed generation system with a

nameplate capacity of not greater than 50 kilowatts if installed

at a residential service or not larger than 3,000 kilowatts at

other customer service locations, except for customers whose

systems are above three megawatts and up to five megawatts who

make their systems available to operate in parallel with the

electric utility during grid emergencies as defined by the

regional transmission organization or where a microgrid is in

place for the primary or secondary purpose of maintaining

critical infrastructure, such as homeland security assignments,

emergency services facilities, hospitals, traffic signals,

wastewater treatment plants or telecommunications facilities,

provided that technical rules for operating generators

interconnected with facilities of an electric distribution

company, electric cooperative or municipal electric system have

been promulgated by the Institute of Electrical and Electronic

Engineers and the Pennsylvania Public Utility Commission.

* * *

"Net metering."  The means of measuring the difference

between the electricity supplied by an electric utility and the

electricity generated by a customer-generator when any portion

of the electricity generated by the alternative energy

generating system is used to offset part or all of the customer-

generator's requirements for electricity. Virtual meter

aggregation on properties owned or leased and operated by a

customer-generator and located within [two miles of the

boundaries of the customer-generator's property and within] a

single electric distribution company's service territory shall

be eligible for net metering.

* * *

Section 2.  This act shall take effect in 60 days.