The legal regulatory framework for micro and mini power generators (Law number 14,300/2022) was sanctioned and published by the Federal Government, in the Official Gazette, this Friday (7). The information was also disclosed at Agência Senado.
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According to the text, the current rules for the segment, which are in Resolution 482 of the National Electric Energy Agency (Aneel), will continue for another 23 years, until 2045, for consumers who have micro and mini-generation projects and also for new requests made within 12 months.
Bill 5,829/2019, which provided for this regulatory framework, was approved in December 2021 in the Senate and the House. The rapporteur of the matter in the Senate, Marcos Rogério (DEM-RO), said, at the time, that the central idea was to give legal security to consumer units of micro and mini distributed generation.
“Micro and mini-generation have many merits, and that is why they are being encouraged all over the world. Brazil is no exception. Generating electricity close to consumption reduces the use of transmission and distribution networks. This means a reduction in the overload on the electrical system, investment in these networks and technical losses”, said Marcos Rogério during the vote on the project in the Senate.
Mini and microgenerators: Who fits these categories?
According to the text, energy microgenerators are those that generate up to 75 kW of energy through renewable sources, in their consumer units, such as: roofs, land, condominiums and farms. Examples of renewable sources are: photovoltaic, wind, biomass, among others. Mini-generators, on the other hand, are those that generate more than 75 kW to 10 MW through renewable sources.
Articles vetoed in the legal framework
The Presidency of the Republic vetoed two articles of the legal framework for micro and mini energy generators.
The item that classified floating photovoltaic generation units installed on water depths as micro or mini-generators was vetoed. Likewise, the inclusion of distributed mini-generation projects in the Special Incentive Regime for Infrastructure Development (Reidi) was vetoed.
The Federal Government claimed that the first vetoed measure, mentioned above, would result in extra costs of R$ 7 billion, which would be passed on to consumers.
Regarding the inclusion of a mini-generation project in Reidi, the Government highlighted that extending this policy of tax benefits to mini-generation is not appropriate because Reidi focuses on infrastructure projects that tend to provide increases in economic productivity “significantly greater than those provided by mini-generators”.
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