Add, at the end of article 149 subsection " , the following final sentence: "Shall not apply the provisions of this subsection to those generation facilities that comply with the conditions and specifications listed in article 149 bis, in which case should be governed by the provisions laid down in.".
(2) Incorporanse, as articles 149 bis, 149 ter, quater 149 and 149 d, as follows: "article 149 bis.-end users subject to pricing, which have for their own consumption of equipment for generation of electricity by renewable means unconventional or efficient cogeneration facilities, shall have the right to inject power thus generated to the distribution network through the respective joints.
Refers to non-conventional renewable energy those defined as such in the letter aa) of article 225 of the present law. Also refers to cogeneration facilities efficiently to those defined as such in the letter ac) of the same article.
A regulation will determine the requirements that must be met to connect the middle generation to distribution networks and inject the surplus energy to them. Also, the regulation includes measures to be taken to protect the safety of persons and property and the security and continuity of supply; the technical specifications and safety that must comply with the equipment required to perform the injections; the mechanism to determine the costs of adjustments to be carried out to the network; and the capacity allowed by each end user and the set of those users in a network of distribution or in certain sector of this.
Installed capacity referred to in the preceding paragraph shall be determined taking into account the operational safety and the configuration of the distribution network or of certain sectors, among other criteria to be determined by the regulation. The capacity installed by customer or end user may not exceed the 100 kilowatts.
The concession of public distribution service must ensure that enabling facilities to inject the surplus to the respective distribution network, as well as any modification made to them that involves a relevant change in the expected quantities of injection or other technical conditions, complies with the requirements laid down by the regulation. In case any may the concessionary of public distribution service hold habilitation or modification of facilities demands other than stipulated by regulation or by legislation. The Superintendent shall be responsible for overseeing the compliance with the provisions laid down in this article and founded resolving claims and disputes that arose between the concession of public distribution service and end users who make or want to make use of the right's injection of surplus.
Injections of energy carried out in conformity with the provisions of this article shall be valued at the price distribution public service dealers across its regulated customers, according to the provisions of article 158. Such recovery must also incorporate minor losses electrical distribution associated with injections of energy designated public service concessionaire, which must be recovered in the same way that the losses mean that referred to paragraph 2 of article 182 and be recognized along with the enhancement of these injections. The regulation shall determine procedures for the recovery of injections carried out by means of generation referred to in this article, when they connect in the systems referred to in article 173.
Energy injections valued in accordance with the preceding paragraph shall be discounted of the turnover corresponding to the month in which such injections were performed. There is a remnant in favor of the customer, it will fall and be deducted on your subsequent bills. The remnants referred to in this article, shall be reset according to the index of consumer prices, or instrument that replaces it, according to the instructions that is providing the Superintendency of electricity and fuels.
For the purposes of the application of the provisions of this article the concessionaires of public distribution service must have a contract with the minimum terms laid down by the regulation, which should be considered, at least, the generation of end user equipment and their essential technical features, installed generating capacity, the tariff option, the property of metering equipment the payment mechanism of the non-discounted remnants referred to in the following article and its periodicity, and other basics that establishes the rules of procedure.
Additional works and adaptations that are necessary to enable the connection and the injection of surplus of the means of generation referred to in this article, should be solved by each owner of such facilities may not mean additional costs to other customers.
Article 149 ter-injections of energy balances valued in accordance with the article preceding that, once the period designated in the contract, not have failed to be discounted of corresponding invoices, must be paid to customer by the concessionaire of respective distribution public service. For this purpose, the concessionaire must send the holder a nominative document of the money obligations arising from the injections not discounted, unless the customer has opted for another mechanism of payment in the respective contract.
Article 149 c.-without prejudice to the provisions of the preceding articles, the energy that end customers injected by means of generation renewable conventional not according to article 149 bis, will be held by the electric companies that carry out withdrawals of energy from the electrical systems with installed capacity of more than 200 megawatts, in order to comply with the obligation established in article 150 bis.
To that end, annually, and whenever required, the respective distribution public service concessionaire shall send customer a certificate who aware of the injections made by the customer through non-conventional renewable generation means. Copy of the certificate will be sent to the addresses of tolls of the COC for the purpose of its incorporation into the registration referred to in the sixth subparagraph of article 150 bis. Monthly, and in conjunction with each turnover, the concessionaire shall inform the customer the aggregate amount of injections made from the latest issue of the certificate referred to in this subsection.
Read injections certificate shall constitute sufficient title to accredit injections for the fulfilment of the obligation established in subsection first article 150 bis, by the absolute values of injections indicated on it. For these purposes, customer may agree, directly, through the Distributor or by other third parties, the transfer of such injections to any electrical company that made withdrawals in this or any other electrical system. The rules shall lay down the procedures to be followed for the transfer of certificates and the appropriate attribution of injections.
Article 149 d-payment, compensation or income received by the final customers in the exercise of the rights that give them the articles 149 bis and 149 ter, shall not constitute income for all legal purposes and, for its part, the operations that take place in accordance with the designated in such provisions will not be found affected tax value added.
Not be entitled to the provisions of the preceding subparagraph, first category tax taxpayers forced to declare their effective income according to complete, with the exception of those accounting covered by articles 14 bis and 14 ter of the income tax Act, contained in article 1 of Decree Law No. 824, 1974.
Distribution public service concessionaires shall issue invoices that realize injections materialized for those end customers who benefit from the exemption from tax on the value added indicated in the preceding subparagraph, provided that such end-customers are not contributors under the provisions of articles 14 bis and 14 ter of the income tax act case in which these shall issue the corresponding invoice.
The internal revenue service shall establish by resolution, form and deadline that the concessionaires must issue the invoices referred to in the preceding subparagraph. "."