AN
ACT Relating to the definition of net metering system; and amending RCW
80.60.010, 80.60.020, and 80.60.040.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
80.60.010 and 1998 c 318 s 2 are each amended to read as follows:
The
definitions in this section apply throughout this chapter unless the context
clearly indicates otherwise.
(1)
"Commission" means the utilities and transportation commission.
(2)
"Customer-generator" means a user of a net metering system.
(3)
"Electrical company" means a company owned by investors that meets
the definition of RCW 80.04.010.
(4)
"Electric cooperative" means a cooperative or association organized
under chapter 23.86 or 24.06 RCW.
(5) "Electric utility" means any
electrical company, public utility district, irrigation district, port
district, electric cooperative, or municipal electric utility that is engaged
in the business of distributing electricity to retail electric customers in the
state.
(6)
"Irrigation district" means an irrigation district under chapter
87.03 RCW.
(7)
"Municipal electric utility" means a city or town that owns or
operates an electric utility authorized by chapter 35.92 RCW.
(8)
"Net metering" means measuring the difference between the electricity
supplied by an electric utility and the electricity generated by a
customer-generator that is fed back to the electric utility over the applicable
billing period.
(9)
"Net metering system" means a fuel cell or a facility for the
production of electrical energy that:
(a)
Uses as its fuel either solar, wind, or hydropower;
(b)
Has a generating capacity of not more than twenty-five kilowatts;
(c)
Is located on the customer-generator's premises;
(d)
Operates in parallel with the electric utility's transmission and distribution
facilities; and
(e)
Is intended primarily to offset part or all of the customer-generator's
requirements for electricity.
(10)
"Port district" means a port district within which an industrial
development district has been established as authorized by Title 53 RCW.
(11)
"Public utility district" means a district authorized by chapter
54.04 RCW.
Sec.
2. RCW
80.60.020 and 1998 c 318 s 3 are each amended to read as follows:
An
electric utility:
(1)
Shall offer to make net metering available to eligible customers-generators on
a first-come, first-served basis until the cumulative generating capacity of
net metering systems equals 0.1 percent of the utility's peak demand during
1996, of which not less than 0.05 percent shall be attributable to net
metering systems that use as its fuel either solar, wind, or hydropower;
(2)
Shall allow net metering systems to be interconnected using a standard
kilowatt-hour meter capable of registering the flow of electricity in two
directions, unless the commission, in the case of an electrical company, or the
appropriate governing body, in the case of other electric utilities,
determines, after appropriate notice and opportunity for comment:
(a)
That the use of additional metering equipment to monitor the flow of
electricity in each direction is necessary and appropriate for the
interconnection of net metering systems, after taking into account the benefits
and costs of purchasing and installing additional metering equipment; and
(b)
How the cost of purchasing and installing an additional meter is to be
allocated between the customer-generator and the utility;
(3)
Shall charge the customer-generator a minimum monthly fee that is the same as
other customers of the electric utility in the same rate class, but shall not
charge the customer-generator any additional standby, capacity,
interconnection, or other fee or charge unless the commission, in the case of
an electrical company, or the appropriate governing body, in the case of other
electric utilities, determines, after appropriate notice and opportunity for
comment that:
(a)
The electric utility will incur direct costs associated with interconnecting or
administering net metering systems that exceed any offsetting benefits
associated with these systems; and
(b)
Public policy is best served by imposing these costs on the customer-generator
rather than allocating these costs among the utility's entire customer base.
Sec.
3. RCW
80.60.040 and 1998 c 318 s 5 are each amended to read as follows:
(1)
A net metering system used by a customer-generator shall include, at the
customer-generator's own expense, all equipment necessary to meet applicable
safety, power quality, and interconnection requirements established by the
national electrical code, national electrical safety code, the institute of
electrical and electronics engineers, and underwriters laboratories.
(2)
The commission, in the case of an electrical company, or the appropriate
governing body, in the case of other electric utilities, after appropriate
notice and opportunity for comment, may adopt by regulation additional safety,
power quality, and interconnection requirements for customer-generators that
the commission or governing body determines are necessary to protect
public safety and system reliability.
(3)
An electric utility may not require a customer-generator whose net metering
system meets the standards in subsections (1) and (2) of this section to comply
with additional safety or performance standards, perform or pay for additional
tests, or purchase additional liability insurance. However, an electric
utility shall not be liable directly or indirectly for permitting or continuing
to allow an attachment of a net metering system, or for the acts or omissions
of the customer-generator that cause loss or injury, including death, to any
third party.
