PL 5829 (Bill nº 5829/2019), unanimously approved by deputies on Thursday night (16), had a controversial reception by professionals working in the DG (distributed generation) segment.
Hewerton Martins, president of the Solar Entrepreneur Association (Free Solar Movement), followed the approval on the 15th in the Senate and on the 16th in the Chamber. For him, the rapid processing of the PL5829 proposal had a worrying outcome because it leads the future of distributed micro-generation to ANEEL (National Electric Energy Agency).
“Entrepreneurs and consumers who use so-called microgeneration (up to 75kW of power) need to organize themselves because now the ANEEL has powers assigned within the bill. We fought so hard to get out of a weak regulation, via a regulatory agency, and they managed to put the ANEEL with full taxation powers within PL5829”, he assesses.
According to him, the only solution for integrators will be to organize themselves nationally to prevent the ANEEL point to a full taxation after 12 months of the law being in force, the so-called alternative 5, where only the TE tariff component is compensated in microgeneration.
“If we can stop the regulatory agency ANEEL If the same proposal was made on October 15, 2019, with maximum taxation, it will be a victory for microgenerators – bakeries, butchers, neighborhood mini markets, family farms and homes. The law does not regulate taxation; it directs the decision to Aneel. This is perhaps the only way to keep microgeneration up to 75 kW alive in Brazil. Those directly affected are consumers who have bills between R$100 and R$9, he analyzes.
“The Free Solar Movement will seek to mobilize all organized civil society in the next 12 months to prevent microgeneration from dying with the additional taxation that must be imposed by ANEEL (National Electric Energy Agency)”, he states.
In the opinion of the president of the Alagoan Solar Energy Association and CEO Fort3 Solar, Eliana Cavalcanti, the PL contains paragraphs that are beneficial to the sector, but the paragraph that deals with taxation will make the progress necessary for the country's growth and sustainable development unfeasible.
“I believe it is premature to start the taxation process in just 12 months and still with the possibility of the DG sector ending completely after the transition period via taxation due to the study of settlement of accounts that will be delivered after 18 months and put into practice at the end of the transition, as one of the protagonists of the study is the ANEEL, the same one that wanted to tax energy generation on the country’s rooftops and soil by more than 57%”, he assesses.
According to her, it would take at least 36 months after the law was enacted, still in its current rule, “so that the country can progress through the generation of clean and decentralized energy, thus achieving much-needed energy security, leaving aside dependence of thermoelectric plants that, in addition to putting more strain on Brazilians’ pockets, also destroy the environment.”
“We should be creating a guarantee fund to finance solar energy, in order to get out of the measly mark of just 0,7% of the total of 87 million consumers eager to reduce the root expense, which is a stumbling block to economic progress. , social and environmental of the country that radiates plenty of love and sunshine from south to north”, concludes Eliana.
Talles Silvano Rêgo Lima, CEO of Taldi Engenharia, assesses that, despite many people receiving the approved text with disappointment, he considers it positive to create a Law for GD.
“Nobody considers that if it weren’t for this political mobilization that ended in the law, we would be with alternative 5 imposed by ANEEL already in 2021. No one weighs the uncertainty of explaining to the customer what it would be like during the useful life of the equipment, with a new feature ANEEL every month, regulating by official document. No one talks about the excesses of the concessionaires, every month inventing a new trend to increase costs or make projects unfeasible, and taking integrators by surprise with work sold. We need to think about what could happen if we continue to put this off”, he emphasizes.
“I see this 'glass' as 'half full'. In all markets around the world, there has been some kind of network remuneration and they are booming. In Brazil, we will now have well-defined rules and a ten-year horizon, which is a long time. What we have to do is roll up our sleeves and get to work,” she adds.
Roberto Caurim, CEO of Bluesun, highlights that the creation of the GD Legal Framework was promising for the sector. “I believe that the approval of PL 5829 was very positive. I believe that the sector can only celebrate. It is a security for the sector and, certainly, more and more investments will be attracted to the photovoltaic sector, in addition to greatly promoting employment in Brazil. I believe this will be a game changer in renewable energies and not just for solar”, he assesses.
Answers of 2
I also see positive points in PL 5829/2019; such as, opening for growth of the storage system,
, hybrid systems (fundamental to the agricultural sector, especially in large corners of Brazil), plants shared between individuals and legal entities, marketing of excess generation from residential rooftops to distributors (as has been the case in first world countries for years!); among others. Brazil is still just starting out in solar energy; but it has also matured a lot, a lot indeed, after REN Aneel 482 (2012) and 687 (2015). Solar in Brazil really started from 2017 onwards, when equipment costs fell by more than 60% to date! In 2021, according to data from Absolar, we reached almost 4% (between GD and solar GC) of the Brazilian energy matrix! Three years ago, it was less than 1%! This in the middle of a pandemic! It is very significant! More than 217 thousand jobs were created! We have to take our hats off to these brave solar entrepreneurs throughout Brazil, especially the small and medium-sized ones that represent more than 90% of the solar base and are well represented by entities and also by leaders such as MSL (Hewerton) and Eliana (Alagoana Solar Association) and many others in Brazil from north to south! Congratulations! And more clean and sustainable energy! The planet thanks you!
On the one hand, we must recognize the important role and mission of the regulatory agency Aneel in stimulating and fostering the sector! The state must exercise its role as a state by defining good policies and practices for society. The financial system has recognized solar energy as an important step for its own business as well; more capital at lower interest rates for investors and entrepreneurs! More development and opportunities!
On the other hand, we in the market are always looking for innovative solutions that allow us to bring quality of life to people and the environment, and generate jobs and income! We must always stay tuned and connected, debating, dialoguing, discussing, proposing, and even mobilizing society and paying attention to the proposals of Congress! Our role is also to monitor whether our representatives, who we helped to put in Congress, are proposing fair laws! And to fight if necessary to change them!
Could the PL be better? Of course yes!
But there was consensus and now we can analyze gains and losses (from various perspectives) understanding that everything is evolutionary! Nothing is permanent! Including those parliamentarians who may have been biased, either due to lack of knowledge or perhaps on purpose (we don't know; who are we to judge!) in directing certain rules to their own advantage; These will be ephemeral! But congratulations also to our congress; However, if we have to change to improve, we will continue fighting and working to change.
Here in Brasília, we tried to get some leaders and experts on the subject of solar energy to approve some amendments through Senator Izalci (who is very involved and committed to the productive sector of the Federal District and has extensive experience and a great vision of the technology market); we hoped that some of them would be accepted, but we were aware that it would be very difficult to pass! But it is better to fail while trying than not to try at all! We have a clear conscience that we have done our duty.
We continue here in Brasília, active in the solar market and working with several partners in other states.
@vante
It's a shame that PL 5829 was approved in this way. I believe that the deputies and senators didn't even know they were coming back. They have just destroyed photovoltaic energy for the simplest people, that is, low-income people and small rural producers. Photovoltaic energy will no longer pay off for these people. A real shame…. Either these politicians are unprepared or they had advantages in this vote.
Brazil is really a joke and now, just like Spain, it will charge the Sun tax