Legal framework for distributed energy generation is sanctioned with vetoes

The government published in the Official Gazette on Friday Law nº 14.300/2022, which creates a regulatory framework for distributed energy generation, characterized by small plants installed in homes, small businesses, land, rural properties and buildings public.

The text establishes that the current rules for the segment, provided for in Resolution 482 of the National Electric Energy Agency (Aneel), will be maintained until 2045 for those who already have micro and mini-generation projects installed, and also for new orders placed in the next 12 months .

Today, distributed energy generation projects operate with a compensation system: the consumer who owns the plant receives a credit on the electricity bill for the positive balance of energy generated and inserted into the network, after discounting its consumption. In addition, the segment is exempt from the payment of some tariff components, such as the tariff for the use of the distribution system (TUSD wire B).

The law provides for a transition period for tiered payment of the TUSD for projects that enter after 12 months.

In addition, the National Energy Policy Council (CNPE) and Aneel have 18 months, from the publication of the law, to establish guidelines and the valuation of the costs and benefits of distributed generation to be implemented after the transition period.

According to the Brazilian Association of Photovoltaic Solar Energy (Absolar), the established transition rules “smooth out” the impact on the payback time of systems with a closer implementation period. In addition, the changes are more favorable than in other places in the world where the rules are being revised, such as California (USA), Nevada (USA) and the Netherlands, says the entity.

The law was published with two vetoes to the text approved by Congress. The possibility of classifying distributed mini-generation as energy generation infrastructure projects within the scope of Reidi and other programs was excluded. The article that made an exception so that floating plants, built in reservoirs, could be divided into smaller units in order to fit within the limits of distributed generation power, was also removed.

For Absolar, the new law creates a stable and balanced framework for the use of clean and sustainable sources, such as photovoltaic solar — a technology used in more than 99% of existing projects of this type.

“The own generation of solar energy is currently one of the best alternatives to avoid tariff flags and, thus, alleviate the pockets of citizens and entrepreneurs in this period of water scarcity,” said Rodrigo Sauia, the entity’s executive president, in a statement.

This week, the solar source reached the mark of 13 gigawatts (GW) of installed capacity in Brazil, according to a survey by Absolar. Of this total, 8.4 GW is generated by its own energy.