1st Session, 43rd Legislature
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Bill 214
THE MANITOBA HYDRO AMENDMENT ACT (NET-METERING AGREEMENTS)
| Bilingual version (PDF) | Explanatory Note |
(Assented to )
HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Manitoba Hydro Act is amended by this Act.
2 Section 1 is amended in the definition "customer" by adding ", except in Part II.1," before "includes".
3 The following is added as Part II.1:
PART II.1
NET-METERING AGREEMENTS
28.1 The following definitions apply in this Part.
"billing period" means the period of time at the end of which the corporation or a customer regularly reads the customer's meter to determine the amount of electricity that has been provided to the customer during that period. (« période de facturation »)
"customer" means an individual or corporation that is the owner of a residential property, but does not include an owner that is a corporation not registered under The Corporations Act. (« client »)
"net-metering system" means a solar PV system that operates in parallel with the corporation's distribution system and that measures, by means of one or more meters, the amount of electricity that is supplied
(a) by the corporation to the customer; and
(b) by the customer to the corporation. (« système de facturation nette »)
"solar PV system" means one or more solar photovoltaic collector panels or devices that uses light to generate electricity. (« système solaire photovoltaïque »)
NET-METERING AGREEMENTS
Request for net-metering agreement
28.2 If a customer operates a solar PV system, the customer may request the corporation to enter into a net-metering agreement with the customer.
28.3(1) Within 30 days after receiving a request to enter into a net-metering agreement, the corporation must inspect the customer's solar PV system to determine if
(a) the system meets the requirements set out in the regulations; and
(b) operating the system as a net-metering system is likely to have serious adverse impact on
(i) the service provided by the corporation to its other customers,
(ii) the conduits, poles, pipes, wires, transmission lines, plant, equipment and any other similar property owned by the corporation, or
(iii) the ability of the corporation to operate and maintain its business and electrical system in a manner consistent with this Act and regulations.
No agreement if system does not meet requirements
28.3(2) If the corporation determines that the customer's solar PV system does not meet the requirements set out in the regulations or that operating the system as a net-metering system is likely to have a serious adverse impact as described in clause (1)(b), the corporation must
(a) refuse to enter into the net-metering agreement; and
(b) give the customer a written notice of the refusal and reasons for the refusal.
Request for agreement after refusal
28.3(3) If the corporation refuses to enter into a net-metering agreement under subsection (2), the customer may make another request to enter into a net-metering agreement after addressing the reasons for the refusal.
Corporation must enter into agreement
28.4 The corporation must enter into a net-metering agreement with a customer if
(a) the customer's solar PV system meets the requirements set out in the regulations;
(b) the customer has obtained all required permits to operate their solar PV system in the municipality in which it is located; and
(c) the corporation has determined that operating the customer's solar PV system as a net-metering system is not likely to have a serious adverse impact as described in clause 28.3(1)(b).
Corporation must install necessary meters and equipment
28.5 Within 60 days after entering into a net-metering agreement, the corporation must install the meters and other equipment that are necessary to enable the customer to operate their solar PV system as a net-metering system.
APPROVAL OF PROPOSED SOLAR PV SYSTEM
28.6(1) On request by a customer who intends to install a solar PV system, the corporation must review the specifications of the proposed system within 30 days after the request is made to determine whether the proposed system would
(a) meet the requirements set out in the regulations; and
(b) not likely have a serious adverse impact as described in clause 28.3(1)(b).
28.6(2) If the corporation is reasonably satisfied that the system, when installed as proposed, would meet the requirements set out in the regulations and not likely have a serious adverse impact as described in clause 28.3(1)(b), the corporation must give the customer a written notice that the proposed system is approved for a net-metering agreement.
Agreement if system installed within six months
28.6(3) The corporation must enter into a net-metering agreement with a customer whose proposed solar PV system has been approved under subsection (2) if, within six months after obtaining the approval, the customer
(a) installs the solar PV system as proposed; and
(b) obtains all required permits to operate their solar PV system in the municipality in which it is located.
Corporation may inspect system
28.6(4) Despite subsection (3), the corporation may inspect the customer's solar PV system before entering into the net-metering agreement and is not required to enter into the agreement if the inspection reveals that the system does not meet the requirements set out in the regulations or is likely to have a serious adverse impact as described in clause 28.3(1)(b).
Corporation must install necessary meters and equipment
28.6(5) Section 28.5 applies to a net-metering agreement made under this section.
OBLIGATIONS UNDER AGREEMENT
28.7(1) Under a net-metering agreement, the customer must
(a) read the meters at the end of each billing period to determine the amount of electricity the customer produced and consumed during the billing period; and
(b) inform the corporation of these amounts.
Corporation must provide written statement
28.7(2) After the customer informs the corporation of the amount of electricity they produced and consumed during the billing period, the corporation must provide a written statement to the customer that includes the following information:
(a) the difference between the amount of electricity produced and consumed by the customer;
(b) if the customer produced more electricity than the customer consumed, the amount of credit the customer is entitled to under section 28.8;
(c) if the customer consumed more electricity than the customer produced, the dollar amount the customer is obliged to pay to the corporation.
CREDIT
28.8(1) If a customer produced more electricity than the customer consumed during a billing period, the corporation must award the customer credit, measured in kilowatt-hours, that is equal to the difference between the amount of electricity produced and consumed.
28.8(2) The corporation must apply the credit against the amount of electricity, measured in kilowatt-hours, that the customer consumes in the following billing period or a subsequent billing period.
Oldest credit must be applied first
28.8(3) When applying the credit under subsection (2), the corporation must apply it on the basis of the oldest credit to the newest credit.
28.8(4) Despite subsections (2) and (3), credit may expire or be transferred in accordance with the regulations. Credit must not expire sooner than five years after being awarded to the customer.
GENERAL
28.9 For certainty, section 21 does not apply to net-metering agreements.
Regulations re net-metering agreements
28.10 The board may make regulations
(a) respecting requests to review the specifications of a proposed solar PV system;
(b) respecting net-metering agreements, including
(i) requests to enter into an agreement,
(ii) the terms and form of an agreement, and
(iii) the termination of an agreement;
(c) prescribing the requirements that a solar PV system must meet to operate as a net-metering system;
(d) respecting the installation of meters and other equipment under section 28.5, including prescribing responsibility for the ownership, cost and maintenance of the meters and other equipment;
(e) respecting the expiry or transfer of a customer's credit under subsection 28.8(4).
4 This Act comes into force 180 days after the day it receives royal assent.