MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Public Utilities

By: Representative Barker

House Bill 1024

AN ACT TO CREATE A STUDY COMMITTEE TO DETERMINE THE FEASIBILITY AND DESIRABILITY OF THE USE OF NET METERING BY MISSISSIPPI RESIDENTS AND THE USE OF CLEAN RENEWABLE ENERGY BONDS BY CERTAIN ENTITIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  There is created a study committee to determine the feasibility and desirability of the use of net metering and clean renewable bonds in the State of Mississippi.  As used in this section, clean renewable energy bond means a tax credit bond that qualifying renewable energy facilities, as defined in Section 45(d) of the Internal Revenue Code of 1986, may receive and use to finance renewable energy projects.  Such facilities shall include, but are not limited to, the following:  wind energy facilities, open-loop and closed-loop biomass facilities, geothermal energy facilities, solar energy facilities, small irrigation power facilities, landfill gas facilities, trash combustion facilities, refined coal production facilities and certain hydropower facilities (incremental hydro or hydropower added to existing dams).

     (2)  The study must include recommendations regarding the desirability of solar panel net metering and whether the state should mandate that energy companies pay or give credit to its customers for certain energy under a system of net metering.  The committee shall make a report of its findings and recommendations, including any recommended legislation, to the Legislature before October 30, 2011.

     (3)  The committee shall be composed of the following members:

          (a)  The Chairs of the Public Utilities Committees of the House of Representatives and of the Senate;

          (b)  One (1) member of the House Ways and Means Committee, appointed by the Speaker of the House of Representatives, and one (1) member of the Senate Finance Committee, appointed by the Lieutenant Governor;

          (c)  One (1) member of the House Appropriations Committee, appointed by the Speaker of the House of Representatives, and one (1) member of the Senate Appropriations Committee, appointed by the Lieutenant Governor;

          (d)  All members of the House Public Utilities Committee, and all members of the Senate Public Utilities Committee;

          (e)  The Chairs of the Agriculture Committees of the House of Representatives and of the Senate;

          (f)  Two (2) members of the House Agriculture Committee, appointed by the Speaker of the House of Representatives, and two (2) members of the Senate Agriculture Committee, appointed by the Lieutenant Governor;

          (g)  The Chairs of the House Forestry Committees of the House of Representatives and of the Senate;

          (h)  Two (2) members of the House Forestry Committee, appointed by the Speaker of the House of Representatives, and two (2) members of the Senate Forestry Committee, appointed by the Lieutenant Governor; and

          (i)  One (1) member of the Public Service Commission to serve as an ad hoc nonvoting member.

     Appointments must be made within thirty (30) days after the effective date of this act.  Within fifteen (15) days after the period designated for making appointments, the committee shall meet and organize by selecting from its membership a vice chairman.  The chairman shall be the Chairman of the Public Utilities Committee.  The vice chairman will serve as secretary and is responsible for keeping all records of the committee.  A majority of the members of the committee constitutes a quorum.  An affirmative vote of a majority of the committee is required in the transaction of all business.  All members must be notified in writing of all meetings, and such notices must be mailed at least five (5) days before the date on which a meeting is to be held.

     (4)  Members of the committee who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties.  Legislative members of the committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the committee may be paid while the Legislature is in session.  A committee member may not incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the committee, which action must be recorded in the official minutes of the meeting.

     (5)  The committee may utilize clerical and legal staff already employed by the Legislature and the Public Service Commission, and any other staff assistance made available to it.  To effectuate the purpose of this act, upon the request of the chairman of the committee, any department, division, board, bureau, commission or agency of the state or of any political subdivision of the state shall provide to the committee such facilities, assistance and data that will enable the committee to properly carry out its task.

     (6)  Upon presentation of its report to the Legislature, the committee shall be dissolved.

     SECTION 2.  This act shall take effect and be in force from and after its passage.