Legal framework for distributed energy generation is sanctioned with vetoes

The government published in the Official Gazette of the Union this Friday (7) Law nº 14.300/2022, which creates a regulatory framework for the distributed generation of energy, characterized by small plants installed in homes, small businesses, land, properties rural and public buildings.

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

Today, distributed energy generation ventures 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 grid, after discounting its consumption. In addition, the segment is exempt from paying certain tariff components, such as the tariff for the use of the distribution system (TUSD wire B).

The law provides for a transitional period for staggered TUSD payment for projects that enter after 12 months.

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

According to Absolar (Brazilian Photovoltaic Solar Energy Association), the established transition rules “soften” the impact on the payback time of systems with closer implementation deadlines. 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 was also removed so that floating plants, built in reservoirs, could be divided into smaller units to fit within the limits of distributed generation power.

For Absolar, the new law creates a stable and balanced framework for the use of clean and sustainable sources, such as solar photovoltaics — 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 escape the tariff flags and, thus, relieve the pocket of the citizen and the entrepreneur in this period of water scarcity”, said Rodrigo Sauia, executive president of the entity, in a note.

This week, the solar source reached the mark of 13 GW (gigawatts) of installed capacity in Brazil, according to an Absolar survey. Of this total, 8.4 GW are self-generated.