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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electricity Supply Amendment (Solar
Bonus Scheme) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Electricity Supply Act 1995 No 94 3
b2009-097-31.d15
New South Wales
Electricity Supply Amendment (Solar
Bonus Scheme) Bill 2009
No , 2009
A Bill for
An Act to amend the Electricity Supply Act 1995 in relation to renewable energy
generation by retail customers.
Clause 1 Electricity Supply Amendment (Solar Bonus Scheme) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Electricity Supply Amendment (Solar Bonus Scheme) 3
Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Electricity Supply Amendment (Solar Bonus Scheme) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
Schedule 1 Amendment of Electricity Supply Act 1
1995 No 94 2
[1] Section 15A 3
Insert after section 15: 4
15A Distribution network service providers to allow small renewable 5
energy generators to feed-in to network 6
(1) The objects of this section are as follows: 7
(a) to encourage and support persons who want to generate 8
renewable energy as a response to climate change, 9
(b) to develop jobs in the renewable energy sector by assisting 10
renewable energy generation to compete with 11
non-renewable energy generation, 12
(c) to increase public exposure to renewable energy 13
technology in order to encourage the whole community to 14
respond to climate change. 15
(2) For the purposes of this section a generator is a complying 16
generator if the generator: 17
(a) is a solar photovoltaic generator, a wind turbine, or a 18
renewable energy generator of a class prescribed by the 19
regulations, that has a generating capacity of no more than 20
10 kilowatts, and 21
(b) is installed and connected to the distribution network in a 22
manner that provides for all the electricity generated by the 23
generator to be supplied to the distribution network and 24
allows the relevant distribution network service provider 25
to measure at any instant the amount of electricity 26
supplied, and 27
(c) complies with, and is installed and connected in a manner 28
that complies with, any safety, technical or metering 29
requirements that may be prescribed by the regulations or 30
market operations rules. 31
(3) A distribution network service provider must, on application by 32
or on behalf of a small retail customer, provide customer 33
connection services so as to connect, or permit to be connected, 34
to its distribution network a complying generator if: 35
(a) the generator is to be installed at premises that are in the 36
distribution network service provider's distribution 37
district, and 38
Page 3
Electricity Supply Amendment (Solar Bonus Scheme) Bill 2009
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(b) the small retail customer has a right under section 15 to be 1
provided with customer connection services at those 2
premises. 3
(4) The right that a person has under this section to have premises 4
provided with customer connection services is subject to any 5
provision of this Act or the regulations that authorises the 6
disconnection of those premises from, or the refusal to connect 7
those premises to, a distribution system. 8
(5) A distribution network service provider must record a credit 9
against charges payable at the amount of $0.60 per kilowatt hour 10
in respect of a small retail customer for electricity that: 11
(a) is produced by a complying generator installed and 12
connected at the premises of the small retail customer, and 13
(b) is supplied to the distribution network by the small retail 14
customer. 15
(6) A distribution network service provider must, in accordance with 16
the regulations, provide a retail supplier with: 17
(a) details of the amount of credit that has been recorded under 18
this section for electricity supplied to the network by each 19
small retail customer of the retail supplier, and 20
(b) such other information as may be required to be supplied 21
by the regulations or the market operations rules. 22
(7) A distribution network service provider must provide to the 23
Minister and the Director-General a report within 28 days after 24
30 June and 31 December in each year that sets out: 25
(a) the total number of small retail customers in the 26
distribution network service provider's distribution district 27
who have installed and connected a complying generator, 28
and 29
(b) the postcodes of those small retail customers, and 30
(c) the total generating capacity of all such generators in the 31
distribution district, and 32
(d) such information as is available to the distribution network 33
service provider about the amount of electricity supplied to 34
the distribution network by complying generators in the 35
distribution network service provider's distribution district 36
during each month for the 12 month period ending on 37
30 June or 31 December as the case may be, and 38
(e) any other matter that may be prescribed by the regulations. 39
Page 4
Electricity Supply Amendment (Solar Bonus Scheme) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
(8) It is a condition of a distribution network service provider's 1
licence that the distribution network service provider must not 2
contravene this section. 3
(9) This section is repealed on 31 December 2016. 4
[2] Sections 26 (1) and (3), 27 (1) and 30 (1) (a) 5
Insert "or from" after "electricity to" wherever occurring. 6
[3] Section 29 Electricity meters 7
Insert "or received from" after "supplied to" in section 29 (1). 8
[4] Section 34A 9
Insert after section 34: 10
34A Retail suppliers to credit electricity supplied by small retail 11
customers 12
(1) A retail supplier must, in accordance with the regulations (if any): 13
(a) pay a small retail customer an amount representing the 14
amount of any credit recorded under section 15A for 15
electricity supplied by the small retail customer, or 16
(b) reduce an amount payable by the small retail customer by 17
an amount representing that amount of credit. 18
(2) It is a condition of a retail supplier's licence that the retail 19
supplier must not contravene this section. 20
[5] Section 63C Market operations rules 21
Insert "or generation" after "consumption" wherever occurring in section 22
63C (1) (b)-(e). 23
[6] Section 191 Regulations 24
Insert after section 191 (1A) (i): 25
(j) the supply of electricity to the distribution network by 26
customers using renewable energy generators, including 27
but not limited to, requiring retail suppliers to acquire such 28
electricity from customers or classes of customers, 29
(k) any additional criteria that may have to be satisfied before 30
a credit can be recorded under section 15A. 31
Page 5
Electricity Supply Amendment (Solar Bonus Scheme) Bill 2009
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
[7] Section 194 1
Omit the section. Insert instead: 2
194 Review of solar bonus scheme 3
(1) The Minister is to review the solar bonus scheme (being the 4
scheme for the payment of electricity supplied to the network by 5
small retail customers using complying generators) to determine 6
whether the policy objectives of the scheme remain valid and 7
whether the terms of the Act remain appropriate for securing 8
those objectives. 9
(2) The review is to be undertaken as soon as possible after 10
1 July 2012 or as soon as the Minister becomes aware that the 11
total generating capacity of all complying generators reaches 12
50 megawatts, whichever occurs first. 13
(3) A report on the outcome of the review is to be tabled in each 14
House of Parliament. 15
[8] Schedule 6 Savings, transitional and other provisions 16
Insert at the end of clause 1 (1): 17
Electricity Supply Amendment (Solar Bonus Scheme) Act 2009 18
[9] Schedule 6 19
Insert at the end of the Schedule with appropriate Part and clause numbering: 20
Part Provisions consequent on enactment of 21
Electricity Supply Amendment (Solar 22
Bonus Scheme) Act 2009 23
Credits not to be recorded before commencement of scheme 24
A distribution network service provider is not to record a credit 25
under section 15A in respect of electricity supplied before the 26
commencement of that section. 27
Existing generator may be complying generator 28
A generator installed before the commencement of section 15A 29
may be a complying generator. 30
Existing net metering schemes to continue until transition day 31
(1) The gross feed-in credit of $0.60 per kilowatt hour that is 32
provided for by section 15A is to operate and be applied as a net 33
Page 6
Electricity Supply Amendment (Solar Bonus Scheme) Bill 2009
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
feed-in credit for electricity supplied by a small retail customer 1
before the transition day in the following transitional cases: 2
(a) electricity supplied to the distribution network of Integral 3
Energy by a net feed-in generator that was first connected 4
to that distribution network before the commencement of 5
section 15A, or 6
(b) electricity supplied to the distribution network of Country 7
Energy or EnergyAustralia by a net feed-in generator or a 8
complying generator (whether connected to the 9
distribution network before or after the commencement of 10
section 15A). 11
(2) This means that, in those transitional cases, the obligation under 12
section 15A of a distribution network service provider to record 13
a credit at the rate of $0.60 per kilowatt hour for electricity 14
produced by a complying generator and supplied to the 15
distribution network of Country Energy, EnergyAustralia or 16
Integral Energy is an obligation to record a credit at that rate for 17
the net electricity supplied by the small retail customer (that is, 18
for electricity supplied in excess of that being used by the 19
customer). 20
(3) Until the transition day, Country Energy or EnergyAustralia are 21
not required to provide customer connection services to a small 22
retail customer under section 15A in respect of a generator unless 23
the generator is installed and connected in a manner that enables 24
Country Energy or EnergyAustralia to record a credit for the net 25
electricity supplied by the small retail customer (that is, for 26
electricity supplied in excess of that being used by the customer). 27
(4) For the purposes of the operation of this clause (and the operation 28
of section 15A in accordance with this clause), a net feed-in 29
generator is taken to be a complying generator. 30
(5) In this clause: 31
net feed-in generator means a generator that would be a 32
complying generator but for the fact that it is installed and 33
connected in a manner that provides for some or all of the 34
electricity generated by the generator to be used by the small 35
retail customer (rather than being supplied to the distribution 36
network). 37
transition day means 1 July 2010, or if another day is prescribed 38
by the regulations, that day. 39
Page 7
Electricity Supply Amendment (Solar Bonus Scheme) Bill 2009
Schedule 1 Amendment of Electricity Supply Act 1995 No 94
(6) Different days may be prescribed under subclause (4) in respect 1
of Country Energy, EnergyAustralia or Integral Energy so that 2
the provisions of this clause apply differently in respect of each 3
of those bodies. 4
[10] Dictionary 5
Insert in alphabetical order: 6
complying generator--see section 15A (2). 7
[11] Dictionary, definition of "customer connection services" 8
Insert "or received from" after "supplied to" in paragraph (c). 9
[12] Dictionary, definition of "distribution system" 10
Insert after paragraph (a): 11
(a1) from the premises of small retail customers that have a 12
complying generator installed and connected from the 13
point of supply to the premises, or 14
[13] Dictionary, definition of "generating system" 15
Insert "but, subject to the regulations, does not include a complying generator" 16
after "distribution system". 17
Page 8
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