Another solar energy amendment triggers court review

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The second of two competing proposed constitutional amendments on solar-generated electricity has garnered enough signatures for state Supreme Court review.

The utility-backed Consumers for Smart Solar, which is behind what it calls the “Smart Solar Amendment,” announced Thursday it had “surpassed the goal of 68,314 verified petitions” needed for review.

An initiative needs 683,149 signatures to get on the ballot, and one-tenth of that to qualify for review.

Consumers for Smart Solar now has reported 68,792 signatures; Floridians for Solar Choice, which is behind another solar amendment, reported 182,888. Both those numbers were as of Thursday, according to the state Division of Elections.

“We did it,” said Dick Batchelor, the committee’s co-chair, in a statement. “Achieving this milestone will allow us to make our case for ballot placement before the Florida Supreme Court, showcasing that our Smart Solar Amendment is the clear choice for Floridians.”

The court has to approve an initiative by finding it deals with only one subject and its ballot summary isn’t misleading. Both amendments aim to get on the 2016 ballot.

Floridians for Solar Choice, which is supported by the Southern Alliance for Clean Energy, has its amendment before the court now. Oral arguments for that initiative were last month and the court has until the end of October to render a ruling.

Here are the two ballot summaries:

Consumers for Smart Solar’s language would create a constitutional right for Floridians to make their own power using solar technology, and would retain the current regulatory scheme.

This amendment establishes a right under Florida’s constitution for consumers to own or lease solar equipment installed on their property to generate electricity for their own use. State and local governments shall retain their abilities to protect consumer rights and public health, safety and welfare, and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do.

Floridians for Solar Choice’s language would allow homeowners and businesses to install solar arrays on their roofs or other property to generate their own power, and sell to others what they don’t use, so long as the buyer is on a “directly adjacent” site.

Limits or prevents government and electric utility imposed barriers to supplying local solar electricity. Local solar electricity supply is the non-utility supply of solar generated electricity from a facility rated up to 2 megawatts to customers at the same or contiguous property as the facility. Barriers include government regulation of local solar electricity suppliers’ rates, service and territory, and unfavorable electric utility rates, charges, or terms of service imposed on local solar electricity customers.

Jim Rosica

Jim Rosica is the Tallahassee-based Senior Editor for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at [email protected].



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