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PL 5829 (Bill no. 5829/2019), which aims to create the Legal Framework for GD (distributed generation), was approved on December 16th in the Chamber of Deputies and now goes to sanction or veto by the President Jair Bolsonaro.
Check the accepted and rejected amendments
If sanctioned, the ANEEL (National Electric Energy Agency) will be responsible for carrying out a study on the valuation of DG in Brazil. To do this, the entity will have a period of 18 months after the date of publication of the document in the DOU (Official Gazette of the Union).
In this case, the rules established by the Agency will be based on the guidelines determined by the CNPE (National Energy Policy Council). How will this happen?
According to the text, the CNPE will listen to society, associations and representative entities, companies and agents in the electricity sector to then establish guidelines for valuing the costs and benefits of microgeneration and distributed minigeneration.
The Council will have six months to carry out this process. In the guidelines, the CNPE must consider benefits related to the location of the plant and consider the generation components, electrical losses, transmission and distribution.
After the Council defines the guidelines, ANEEL will have up to another 12 months to establish calculations for the valuation of benefits and the new rules will be valid from 2029, when the transition period for the new rules ends.
The Regulatory Framework
Before the new text, authored by deputy Silas Câmara (Republicanos/AM) and reported by deputy Lafayette Andrada (Republicanos/MG), was approved, it came a long way. Let's remember:
On April 17, 2012, ANEEL published Normative Regulation 482 (REN 482), which created clearer rules and facilitated access to distributed generation.
In 2018, the regulatory agency began the process of reviewing REN 482, with the theme changing the rules in the Electric Energy Compensation System, which became popularly known as “sun taxation” – culminating in a large popular mobilization that reached the president of the Republic and National Congress.
Consequently, PL 5829 was created in 2019 – whose objective was to create the GD Legal Framework. In December 2020, a request for urgent processing was filed, presented by deputy Jhonatan de Jesus (Republicanos/RO).
In 2021, to reach an agreement on voting on the project and putting it on the agenda in the Chamber, several meetings took place at the MME (Ministry of Mines and Energy), with the participation of members of ANEEL, technicians from the ministry, deputies and representatives of solar sector associations. They reached consensus and filed, on August 11th, a basic text.
Processing of PL 5829
- On August 18, the bill was approved in the Chamber of Deputies and went to the Federal Senate;
- On December 15th, the project was discussed, discussed and approved with amendments. Due to the amendments, it returned to the Chamber for further discussion and voting;
- One day later, on December 16, the GD Legal Framework was discussed again in the Chamber and approved unanimously;
- Now, it goes to the president for sanction – he will have 15 working days to sanction or veto the text, partially or in full.
