Florida's Constitution Revision Commission (CRC) is considering Proposal 51, which would establish a constitutional right for consumers to shop for electricity. The CRC meets once every 20 years for the purpose of reviewing Florida's Constitution and proposing changes for voter consideration. The CRC meets for approximately one year, to identify issues and recommend changes to the Constitution. Any amendments proposed by the CRC would be placed on the 2018 General Election ballot.

Proposal 51 would add a new section to the Constitution as follows:

"Rights of electricity customers — Effective January 1, 2021, every person, business, association of persons or businesses, nonprofit organization, state agency, political subdivision of this state, or any other entity in this state, referred to in this section as “electricity customers,” has the right to choose the provider of its electricity service, including, but not limited to, selecting from multiple providers in a competitive electricity market, or by producing electricity for themselves or in association with others, and may not be forced to purchase electricity service from one provider. This section may not be construed as limiting the right of electricity customers to sell, trade, or otherwise dispose of electricity."

The full text of Proposal 51 is available on the NEM Website.

NEM filed comments in support of a Petition before the Commission for the implementation of a Supplier Consolidated Billing (SCB) option for customers of competitive licensed retail electricity and natural gas suppliers by June 30, 2019. NEM noted that SCB allows competitive suppliers to significantly enhance the nature and quality of the relationship with their customers and also enables competitive suppliers to offer an expanded array of innovative products and services that utility consolidated billing simply does not accommodate. The proposal would ensure that consumer protection is maintained through enhanced supplier qualification requirements. The proposal would also allow suppliers to manage bad debt risk by allowing suppliers to request the utility disconnect a customer for nonpayment and collecting deposits. The full text of NEM's Comments is available on the NEM Website.

OCMO is alerting electric suppliers and electric utilities about the passage of HB118 (Act 40 0f 2017). HB118 included a provision requiring that solar renewable energy credits (SRECs) must come from within the state. The law is intended to address the problem created by previously allowing SRECs to be purchased from out-of-state, but not allowing SRECs to be sold outside of the state.

The law provides as follows:

"In order to qualify as an alternative energy source eligible to meet the photovoltaic share of this Commonwealth's compliance requirements under the "Alternative Energy Portfolio Standards Act" and to qualify for solar renewable alternative energy portfolio credits, each solar photovoltaic system must do one of the following:
(I) directly deliver the electricity it generates to a retail customer of an electric distribution company or to the distribution system operated by an electric distribution company operating within this Commonwealth and currently obligated to meet the compliance requirements contained under the "Alternative Energy Portfolio Standards Act."
(II) Be directly connected to the electric system of an electric cooperative or municipal electric system operating within this Commonwealth.
(III) Connect directly to the electric transmission system at a location that is within the service territory of an electric distribution company operating within this Commonwealth."

The law took effect October 30, 2017, but includes a grandfathering provision that the above-referenced requirements do not affect:

"(I) A certification originating within the geographical boundaries of this Commonwealth granted prior to the effective date of this section of a solar photovoltaic energy generator as a qualifying alternative energy source eligible to meet the solar photovoltaic share of this Commonwealth's alternative energy portfolio compliance requirements under the "Alternative Energy Portfolio Standards Act."
(II) Certification of a solar photovoltaic system with a binding written contract for the sale and purchase of alternative energy credits derived from solar photovoltaic energy sources entered into prior to the effective date of this section."

OCMO reports that the Commission is reviewing the new law and will provide updates on implementation proceedings. The full text of HB118 is available on the NEM Website.