EN 
PT_BR 
The replacement text of PL 5829/19 (Bill no. 5829/19) should undergo changes in the coming days. In an exclusive interview with Solar Channel, deputy Lafayette de Andrada (Republicanos/MG), rapporteur of the proposal, detailed what changes should be made.
According to the parliamentarian, there are three points in the current text that still do not have consensus among deputies who are against the PL.
The first is the determination that photovoltaic systems already installed, or that the request for an access opinion is made up to one year after the publication of the Law, continue to benefit from the current rules for 25 years from the date the system comes into operation.
The second divergence is the proposed transition period of ten years to fully pay the TUSD-Fio B tariff. And the third point is the power limit for minigeneration projects, which according to the text is 5 MW.
Lafayette stated that among the points presented, the only one that should not be addressed when updating the new text is the maintenance of the current rules for 25 years. “My understanding is that the 25 years should be maintained with the current rules for those who are already connected. This should not be changed. It is necessary to respect current contracts, considering that many investments have already been made”, he said.
“Breach of contract generates legal uncertainty and sends signals that Brazil does not respect the contracts signed. Many projects rely on international investment funds and changing this rule negatively affects the Brazilian economy”, added the deputy.
As for the transition period for the payment of Fio B, Lafayette informed that it can be reduced from ten to eight years. “It is a request that I imagine it will be possible to accept, aiming for consensus among deputies so that the proposal is approved by the majority”, he stated.
Another change that must be made to the text is regarding the concept of minigeneration. Today, the text defines as distributed minigeneration “the electrical energy generating plant that is not classified as distributed microgeneration and that has an installed power, in alternating current, greater than 75 kW and less than or equal to 5MW and that uses qualified cogeneration, according to regulations from ANEEL, or renewable sources of electrical energy, connected to the electrical energy distribution network through installations of consumer units”.
According to Lafayette, the new text moves towards defining that the concept of minigeneration for wind and photovoltaic projects will be for power generating plants greater than 75 kW and less than or equal to 3 MW, as for dispatchable energy sources the text remains current, that is, units with power greater than 75 kW and less than or equal to 5 MW.
Data from ANEEL (National Electric Energy Agency) indicate that projects from 3 MW to 5 MW represent around 2.6% in installed power of the total registered to date by the Agency.
Also according to the deputy, his new report should be published between next Monday (3) and Tuesday (4). It is also expected that a meeting will be held on Tuesday between the leaders of the Chamber of Deputies and the president of the House, Arthur Lira.
At this meeting, the text will be discussed. The expectation is that if it receives consensus among leaders, PL 5829 will be put up for discussion on Wednesday (5) or Thursday (6).
