§ 4-88-1103 — Net-metering customer protections

The net-metering customer protections shall include without limitation the following, a: (1) Requirement that any person who sells or leases a net-metering facility or who provides a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq., shall: (A) (i) Provide a prospective or existing net-metering customer a minimum of five (5) business days to evaluate a proposal to construct a net-metering facility to provide all or part of the prospective or existing net-metering customer's needs for electric energy within a single electric utility's allocated service territory. (ii) The proposal to the prospective or existing net-metering customer shall include: (a) A description of the system and the system's placement on the net-metering customer's premises or other location consistent with the requirements of this subchapter; (b) A description of the nameplate generating capacity and expected monthly and annual output of the net-metering facility in kilowatt hours; (c) The estimated annual degradation to the net-metering facility; (d) An estimated timeline for the installation of the net-metering facility; (e) The total cost of the net-metering facility; (f) The amounts due at the signing for and at the completion of the installation; (g) The payment schedule; (h) The payback period; (i) The forecasted savings monthly and annual bill savings provided by the proposed net-metering facility in dollars based on the rate structure as defined in § 23-18-606 ; (j) A description of any warranties; (k) The length of the term of any warranties; and (l) Notice that the prospective or existing net-metering customer may file a complaint with the Attorney General; (B) Perform an energy efficiency audit on the potential or existing net-metering customer's premises and any customer meter locations to be served by the proposed net-metering facility as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq., or inform the prospective or existing net-metering customer of how to obtain an energy efficiency audit; and (C) Inform the prospective or existing net-metering customer of the available energy efficiency measures to address the results of the audit as part of the proposal to sell or lease a net-metering facility or provide a net-metering service to a net-metering customer under the Arkansas Cost-Shifting Prevention Act of 2023, § 23-18-601 et seq.; (2) Demonstration to the prospective or existing net-metering customer that the proposed net-metering facility meets all applicable safety requirements and standards; and (3) Demonstration to the prospective or existing net-metering customer that the person who sells or leases a net-metering facility or who provides a net metering service to a net metering customer holds: (A) All required permits to install, construct, or operate a net-metering facility in the state, and, if the governing county, city, or local authority does not require an electrical inspection, an executed certification that no electrical inspection or permit is required; and (B) (i) A single ten thousand dollar ($10,000) bond obtained under § 17-25-404 ; (ii) Commercial general liability insurance coverage with a limit of at least one million dollars ($1,000,000); and (iii) An applicable contractor's license issued by the Contractors Licensing Board obtained prior to conducting business.

Legislative History

Amended by Act 2023, No. 476,§ 1, eff. 4/4/2023. Added by Act 2023, No. 278,§ 2, eff. 3/13/2023.