Roadrunner Capitol Reports
Legislation Detail

HB 189 LOW-INCOME SOLAR ACT

Rep Kristina Ortez

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

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Summary:
 House Bill 189 (HB 189) enacts the Low-Income Solar Act (LISA); requires equitable distribution of benefits of on-site solar-generated energy generated on affordable housing; restricts some utility fees for solar on affordable housing; provides for promulgation of related rules; and regulates the tax valuation of solar energy systems. 
Legislation Overview:
 House Bill 189 (HB 189) enacts the Low-Income Solar Act (LISA); requires equitable distribution of benefits of on-site solar-generated energy generated on affordable housing; restricts some utility fees for solar on affordable housing; provides for promulgation of related rules; and regulates the tax valuation of solar energy systems.

Definitions are provided, specifying that a “low-income housing shared distribution system” means an energy system for the generation of electricity that uses a renewable energy resource as its primary source of energy to generate electricity, and that meets other qualifying standards. Definitions are also provided for eligible low-income housing.

Utilities are provided with requirements related to their responsibilities regarding billing, measurement, cost, calculation, and credits. Utilities are prohibited from charging special fees related to the program and/or use of a low-income housing shared distribution generation system. Utilities are allowed to install, and charge a reasonable fee for, a production meter to monitor the system, and also to charge actual and reasonable costs for any upgrades necessary for compatibility.

The Public Regulations Commission (PRC) must, by July 1, 2025, adopt related rules.

Finally, the method of valuation for taxation of solar energy systems is established.
 
Current Law:
 There is currently no specific law with requirements/regulations involving solar issues for low-income groups or low-income housing, nor are related utility issues addressed. If the bill does not pass, existing incentives and benefits related to solar usage will need to be relied upon to meet the stated goals. 
Relates To:
 House Bill 108 (HB 108) – Local Solar Access Fund
House Bill 187 (HB 187) – School Solar Tax Credit
Senate Bill 2 (SB 2) – Low-Income Solar Act
Senate Bill 121 (SB 121) – Solar Market Development Tax Credit Changes