The Chamber of Deputies approved a bill that establishes that consumers who produce and use renewable energy sources, such as solar, pay a fee for the use of energy distribution cables, in a measure that responds to pressure from distributors.
The regulatory framework for distributed minigeneration and microgeneration in Brazil was approved with 476 votes in favor and 3 against. The text now goes to the Senate.
The project's progress was hampered by pressure from microgenerators of renewable energy sources, especially solar, and from energy distributors, who demanded that a fee for using the distribution system be charged corresponding to the cost of the service provided by the company itself.
The controversy focused on micro and mini-generators, which consume renewable energy they produce themselves. This is the case for those who install photovoltaic panels at home or in their businesses to harness solar energy, for example.
This type of energy is the most accessible for micro and mini-generation. There are 700,000 solar energy consumer units, accounting for almost 98% of the distributed generation universe, according to data from Absolar (the Brazilian photovoltaic solar energy association).
Despite generating some of the energy they use, this consumer needs to be connected to an energy distributor, says lawyer Marina Aidar, partner at Vieira Rezende Advogados.
"With distributed generation, people can feed their surplus production back into the grid. They generate what they consume and can generate a surplus," he explains. On the other hand, this type of energy is intermittent, meaning production isn't always possible—such as at night, on cloudy, or rainy days.
Distributors operate with a compensation system, which balances the user's energy production and consumption, says Aidar. At the end of the month, the user pays the company or receives from it the difference between what was injected into the grid and what was used.
However, some sectoral charges paid by ordinary consumers were left out of the calculation, such as the tariff for using the distribution system - the amount paid for energy to be transmitted through the wire.
In 2012, a resolution by Aneel (National Electric Energy Agency) regulated the activity of distributed minigeneration and microgeneration, with a forecast that the topic would be reviewed in 2019. Since then, however, different pressures have postponed the discussion.
One of the main criticisms was that the subsidy was aimed at consumers who supposedly didn't need this financial relief—that is, those with higher incomes. "The ones who pay for the maintenance of the wire are the captive consumers [those who use energy from distributors], not those who generate energy and also use the wire. The microgenerator uses the wire because it needs to, but it burdens the poorest," explains Aidar.
In his report, Congressman Lafayette de Andrada (Republicanos-MG) indicated that, since 2012, micro and mini distributed generation has been responsible for the creation of more than 140 thousand jobs, with tax collection equivalent to R$1.5 billion.
For this year, the report states that investment in the sector is expected to be around R$16.7 billion. By 2032, according to the report, distributed generation will save energy consumers R$13.8 billion.
For current projects or those filed up to 12 months after the law was published, an acquired right to existing benefits was guaranteed until 2045, which allows the investments made to be amortized.
For new projects, there is a transition. Consumers participating in the compensation system will only pay the tariff for using the distribution network wire on the portion of the excess electricity that has been compensated.
The text provides for a transition to change the tariff charging regime. In 2023, the consumer would pay 15%, while the remaining 85% would be paid by the CDE (Energy Development Account). In 2024, 30% would be paid by the consumer and 70% through the CDE.
The expectation is that the microgenerator will pay 100% of the Fio B distribution system usage fee from 2029, but the rule will still be defined by Aneel in the next 18 months.
André Bueno, member of the OAB-SP energy committee and coordinator of IBDE (Brazilian Institute for Energy Law Studies), assesses that there was a strong lobby from distributors, against the model.
"This generated a major back-and-forth between distributors, associations, and the Distributed Generation sector," he says. "The project brings very positive aspects, such as vested rights to benefits until 2045 for plants already in operation, settling one of the most controversial points."
“Between 2023 and 2028, new DG plants will be subject to a transition rule and will gradually start paying TUSD B, which is the sectoral charge intended to remunerate distributors.”
According to him, to define the charges, Aneel and CNPE (National Energy Policy Council) will consider the benefits and costs that distributed generation adds to the electrical system and consumers.
The project establishes the Social Renewable Energy Program, aimed at investments in the installation of photovoltaic systems and other renewable sources, in local or remote shared form, for low-income consumers.
The financial resources will come from the Energy Efficiency Program, from complementary sources of resources, or from a portion of other revenues from activities carried out by distributors converted to reduce tariffs.
The electricity distributor must submit a work plan to the Ministry of Mines and Energy containing, at a minimum, the multi-year investment, the system installation targets, the justifications for classifying beneficiaries and the reduction in the annual volume of the social electricity tariff subsidy for program participants.
The distributor must also promote public calls for accreditation of specialized companies and, subsequently, competitive calls for contracting services for the implementation of photovoltaic system installations, whether local or remote, or other renewable sources.
For Congressman Rodrigo Agostinho (PSB-SP), the agreement to approve the text was reasonable. "The whole world is promoting solar energy. Here in Brazil, distributors are hindering this growth in every way," he stated. He also believes that doubts about the rules after 2029 remain a concern.
"They're setting an 18-month deadline for Aneel to resolve the taxation issue. In other words, there's still a significant risk. But overall, it's positive."
Chamber Vice President Marcelo Ramos (PL-AM) praised the changes to the text. "While many attacked me on this issue of distributed generation, I remained calm and obstinate in favor of an agreement that would make DG viable without impacting captive consumers. This thesis prevailed. Everyone won."
By: DANIELLE BRANT
Source: Yahoo
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