Consumers’ Right to Electricity Storage Systems Act

Summary: The Consumers’ Right to Electricity Storage Systems Act directs the public utilities commission to allow consumers of electricity to have the right to install, interconnect and use energy storage systems on their property.

Based on Colorado SB 9, enacted in 2018

SECTION 1. SHORT TITLE

This Act shall be called the “Consumers’ Right to Electricity Energy Storage Systems Act.”

SECTION 2. PURPOSE AND FINDINGS

(A) FINDINGS—The legislature finds that:

  1. Our state’s economy, as well as the health and safety of its residents, depends on a reliable and efficient supply of electricity.
  2. The threat of interruptions in electric supply due to weather, malicious interference, or malfunctions in centralized generation and transmission facilities makes energy storage systems, paired with other distributed resources, an effective way for residents to provide their own reliable and efficient supply of electricity.
  3. It is in the public interest to limit barriers to the installation, interconnection and use of customer-sited energy storage facilities in the state.
  4. Consumers of electricity have a right to install, interconnect and use energy storage systems on their property without the burden of unnecessary restrictions or regulations and without unfair or discriminatory rates or fees.

(B) PURPOSE—This law is enacted to protect the safety and welfare of residents by allowing them use of energy storage systems that provide consistent and reliable access to electricity.

SECTION 3. ELECTRICITY ENERGY STORAGE SYSTEMS

After section XXX, the following new section XXX shall be inserted:

(A) DEFINITIONS—In this section:

  1. “Energy storage system” means any commercially available, customer-sited system, including batteries and the batteries paired with on-site generation, that is capable of retaining, storing and delivering energy by chemical, thermal, mechanical or other means.
  2. “Utility” or “electric utility” means a retail electric utility as described in [cite appropriate section of state law].

(B) AUTHORITY OF PUBLIC UTILITIES COMMISSION

  1. The Public Utilities Commission shall adopt rules allowing the installation, interconnection and use of the energy storage systems by customers of utilities.
  2. The Commission shall incorporate the following principles into the rules:

a. It is in the public interest to limit barriers to the installation, interconnection and use of customer-sited energy storage systems in the state.

b. Consumers of electricity have a right to install, interconnect and use energy storage systems on their property without the burden of unnecessary restrictions or regulations and without discriminatory rates or fees.

c. Utility approval processes and any required interconnection reviews of energy storage systems shall be simple, streamlined and affordable for customers.

d. Utilities shall not require the installation of customer-sited meters in addition to a single net energy meter for the purposes of monitoring energy storage systems, except that the Commission may authorize the requirement of metering for certain large energy storage systems, as determined by the Commission.

(C) SUPERCEDING LAW—Nothing in this section alters or supersedes either:

  1. The principles of net metering as described in [cite appropriate state law]; or
  2. Any existing electrical permit requirements or any licensing or certification requirements for installers, manufacturers or equipment.

SECTION 4. EFFECTIVE DATE

This Act shall become effective on July 1, 20XX.

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