Renters are wary of meters

By Toronto Star


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Etobicoke apartment dweller John Kim and his family want to help Ontario conserve energy.

But he's worried renters with modest and low incomes may end up paying dearly because provincial conservation policies – like installing so-called "smart meters" to encourage people to shift their electricity use to off-peak hours – don't protect the poor.

Although the smart-meter policy is not yet mandatory, Kim's landlord at 5 Capri Rd. is already installing the devices and asking tenants to voluntarily switch in exchange for rent reductions.

"The move to off-load electricity costs to tenants is causing confusion and fear," said Councillor Frances Nunziata (Ward 11 – York South Weston) who has asked the city's tenant defence subcommittee to debate the issue at its meeting today. "We need to make sure the province brings in some oversight to ensure rent reductions are calculated fairly and that tenants know their rights," she said.

Like almost 90 per cent of tenants in highrise apartments, Kim's utility costs are included in his rent.

But Kim's landlord and many others in Ontario are installing smart sub-meters ahead of a yet-to-be-proclaimed section of the Residential Tenancies Act that will allow landlords to unilaterally make tenants pay directly for their power. If they get tenants to voluntarily agree to pay now, they won't be subject to requirements to first complete energy upgrades and monitor electrical use in each unit for at least a year to calculate rent rebates before they make the switch.

Smart meters, which measure how much electricity households use and when they use it, will allow tenants to save money by turning off lights and avoiding use of energy-sucking appliances like air conditioners during peak hours when prices are higher, landlords say.

But Kim, whose fridge and stove are at least 10 years old, worries the $53.23 rebate offered on his rent of $1,197.62 won't cover his costs. He's also concerned that his fellow tenants are feeling pressured to participate in the voluntary program.

"This is a cultural mosaic with many immigrants," said Kim, a 65-year-old pensioner. "Many are afraid that if they don't sign up, their electricity will be cut off."

Some tenants are unwittingly signing leases that allow landlords to remove electricity costs from the rent at any time, notes a city report.

In one case, a North York tenant received a rent rebate of $75. But her first electricity bill included a $200 security deposit, a $20 new connection fee and a $163 charge for hydro – more than twice the amount of her rent reduction for electricity alone, the report said.

Peter Mills, chief operating officer for Stratacon Inc., the utility management company installing smart meters in Kim's building, says tenants save an average of 33 per cent on their energy bill with the switch.

"The energy savings created from sub-metering are enormous," Mills said. "We have an energy crisis in this province. All tenants want the ability to participate in generating (energy) savings for the province. Sub-metering is really an education tool to allow them to do that."

But Mary Todorow, a policy analyst for the Advocacy Centre for Tenants Ontario, is concerned that smart metering in highrises will reduce the incentive for landlords to save energy and increase the financial burden on low-income tenants.

"We're all for conservation," she said. "We just don't want it to be on the backs of those who are least able to pay."

Instead of smart meters for apartment units, the advocacy centre wants the province to promote energy efficiency and conservation.

Ontario's chief energy conservation officer, Peter Love, believes smart meters are key to solving the energy crunch. But "more thinking needs to be done" on smart sub-meters in apartment buildings and that is why the province hasn't made it mandatory yet, he said.

In his annual report last fall, Love encouraged the province to consider a conservation program geared to low-income residents.

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As California enters a brave new energy world, can it keep the lights on?

California Grid Transition drives decarbonization with renewable energy, EV charging, microgrids, and energy storage, while tackling wildfire risk, aging infrastructure, and cybersecurity threats to build grid resilience and reliability across a rapidly electrifying economy.

 

Key Points

California Grid Transition is the statewide shift to renewables, storage, EVs, and resilient, secure infrastructure.

✅ Integrates solar, wind, storage, and demand response at scale

✅ Expands microgrids and DERs to enhance reliability and resilience

✅ Addresses wildfire, aging assets, and cybersecurity risks

 

Gretchen Bakke thinks a lot about power—the kind that sizzles through a complex grid of electrical stations, poles, lines and transformers, keeping the lights on for tens of millions of Californians who mostly take it for granted.

They shouldn’t, says Bakke, who grew up in a rural California town regularly darkened by outages. A cultural anthropologist who studies the consequences of institutional failures, she says it’s unclear whether the state’s aging electricity network and its managers can handle what’s about to hit it, as U.S. blackout risks continue to mount.

California is casting off fossil fuels to become something that doesn’t yet exist: a fully electrified state of 40 million people. Policies are in place requiring a rush of energy from renewable sources such as the sun and wind and calling for millions of electric cars that will need charging—changes that will tax a system already fragile, unstable and increasingly vulnerable to outside forces.

“There is so much happening, so fast—the grid and nearly everything about energy is in real transition, and there’s so much at stake,” said Bakke, who explores these issues in a book titled simply, “The Grid.”

The state’s task grew more complicated with this week’s announcement that Pacific Gas and Electric, which provides electricity for more than 5 million customer accounts, intends to file for bankruptcy in the face of potentially crippling liabilities from wildfires. But the reshaping of California’s energy future goes far beyond the woes of a single company.

The 19th-century model of one-way power delivery from utility companies to customers is being reimagined. Major utilities—and the grid itself—are being disrupted by rooftops paved with solar panels and the rise of self-sufficient neighborhood mini-grids. Whole cities and counties are abandoning big utilities and buying power from wholesalers and others of their choosing.

With California at the forefront of a new energy landscape, officials are racing to design a future that will not just reshape power production and delivery but also dictate how we get around and how our goods are made. They’re debating how to manage grid defectors, weighing the feasibility of an energy network that would expand to connect and serve much of the West and pondering how to appropriately regulate small power producers.

“We are in the depths of the conversation,” said Michael Picker, president of the state Public Utilities Commission, who cautions that even as the system is being rebooted, like repairing a car while driving in practice, there’s no real plan for making it all work.

Such transformation is exceedingly risky and potentially costly. California still bears the scars of having dropped its regulatory reins some 20 years ago, leaving power companies to bilk the state of billions of dollars it has yet to completely recover. And utility companies will undoubtedly pass on to their customers the costs of grid upgrades to defend against natural and man-made threats.

Some weaknesses are well known—rodents and tree limbs, for example, are common culprits in power outages, even as longer, more frequent outages afflict other parts of the U.S. A gnawing squirrel squeezed into a transformer on Thanksgiving Day three years ago, shutting off power to parts of Los Angeles International Airport. The airport plans to spend $120 million to upgrade its power plant.

But the harsh effects of climate change expose new vulnerabilities. Rising seas imperil coastal power plants. Electricity infrastructure is both threatened by and implicated in wildfires. Picker estimates that utility operations are related to one in 10 wildland fires in California, which can be sparked by aging equipment and winds that send tree branches crashing into power lines, showering flammable landscapes with sparks.

California utilities have been ordered to make their lines and equipment more fire-resistant as they’re increasingly held accountable for blazes they cause. Pacific Gas and Electric reported problems with some of its equipment at a starting point of California’s deadliest wildfire, which killed at least 86 people in November in the town of Paradise. The cause of the fire is under investigation.

New and complex cyber threats are more difficult to anticipate and even more dangerous. Computer hackers, operating a world away, can—and have—shut down electricity systems, toggling power on and off at will, and even hijacked the computers of special teams dispatched to restore control.

Thomas Fanning, CEO of Southern Co., one of the country’s largest utilities, recently disclosed that his teams have fended off multiple attempts to hack a nuclear power plant the firm operates. He called grid hacking “the most important under-reported war in American history.”

However, if you’ve got what seems like an insoluble problem requiring a to-the-studs teardown and innovative rebuild, California is a good place to start. After all, the first electricity grid was built in San Francisco in 1879, three years before Thomas Edison’s power station in New York City. (Edison’s plant burned to the ground a decade later.)

California’s energy-efficiency regulations have helped reduce statewide energy use, which peaked a decade ago and is on the decline, somewhat easing pressure on the grid. The major utilities are ahead of schedule in meeting their obligation to obtain power from renewable sources.

California’s universities are teaming with national research labs to develop cutting-edge solutions for storing energy produced by clean sources. California is fortunate in the diversity of its energy choices: hydroelectric dams in the north, large-scale solar operations in the Mojave Desert to the east, sprawling windmill farms in mountain passes and heat bubbling in the Geysers, the world’s largest geothermal field north of San Francisco. A single nuclear-power plant clings to the coast near San Luis Obispo, but it will be shuttered in 2025.

But more renewable energy, accessible at the whims of weather, can throw the grid off balance. Renewables lack the characteristic that power planners most prize: dispatchability, ready when called on and turned off when not immediately needed. Wind and sun don’t behave that way; their power is often available in great hunks—or not at all, as when clouds cover solar panels or winds drop.

In the case of solar power, it is plentiful in the middle of the day, at a time of low demand. There’s so much in California that most days the state pays its neighbors to siphon some off,  lest the excess impede the grid’s constant need for balance—for a supply that consistently equals demand.

So getting to California’s new goals of operating on 100 percent clean energy by 2045 and having 5 million electric vehicles within 12 years will require a shift in how power is acquired and managed. Consumers will rely more heavily on battery storage, whose efficiency must improve to meet that demand.

 

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Power industry may ask staff to live on site as Coronavirus outbreak worsens

Power plant staff sequestration isolates essential operators on-site at plants and control centers, safeguarding critical infrastructure and grid reliability during the COVID-19 pandemic under DHS CISA guidance, with social distancing, offset shifts, and stockpiled supplies.

 

Key Points

A protocol isolating essential grid workers on-site to maintain operations at plants and control centers.

✅ Ensures grid reliability and continuity of critical infrastructure

✅ Implements social distancing, offset shifts, and isolation protocols

✅ Stockpiles food, beds, PPE, and sanitation for essential crews

 

The U.S. electric industry may ask essential staff to live on site at power plants and control centers to keep operations running if the coronavirus outbreak worsens, after a U.S. grid warning from the overseer, and has been stockpiling beds, blankets, and food for them, according to industry trade groups and electric cooperatives.

The contingency plans, if enacted, would mark an unprecedented step by power providers to keep their highly-skilled workers healthy as both private industry and governments scramble to minimize the impact of the global pandemic that has infected more than 227,000 people worldwide, with some utilities such as BC Hydro at Site C reporting COVID-19 updates as the situation evolves.

“The focus needs to be on things that keep the lights on and the gas flowing,” said Scott Aaronson, vice president of security and preparedness at the Edison Electric Institute (EEI), the nation’s biggest power industry association. He said that some “companies are already either sequestering a healthy group of their essential employees or are considering doing that and are identifying appropriate protocols to do that.”

Maria Korsnick, president of the Nuclear Energy Institute, said that some of the nation’s nearly 60 nuclear power plants are also “considering measures to isolate a core group to run the plant, stockpiling ready-to-eat meals and disposable tableware, laundry supplies and personal care items.”

Neither group identified specific companies, though nuclear worker concerns have been raised in some cases.

Electric power plants, oil and gas infrastructure and nuclear reactors are considered “critical infrastructure” by the federal government, and utilities continue to emphasize safety near downed lines even during emergencies. The U.S. Department of Homeland Security is charged with coordinating plans to keep them operational during an emergency.

A DHS spokesperson said that its Cybersecurity and Infrastructure Security Agency had issued guidance to local governments and businesses on Thursday asking them to implement policies to protect their critical staff from the virus, even as an EPA telework policy emerged during the pandemic.

“When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of spreading the disease,” the guidance stated. “This includes, but is not necessarily limited to, separating staff by off-setting shift hours or days and/or social distancing.”

Public health officials have urged the public to practice social distancing as a preventative measure to slow the spread of the virus, and as more people work from home, rising residential electricity use is being observed alongside daily routines. If workers who are deemed essential still leave, go to work and return to their homes, it puts the people they live with at risk of exposure. 

California has imposed a statewide shutdown, asking all citizens who do not work in those critical infrastructure industries not to leave their homes, a shift that may raise household electricity bills for consumers. Similar actions have been put in place in cities across America.

 

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Electrification Of Vehicles Prompts BC Hydro's First Call For Power In 15 Years

BC Hydro Clean Power Call 2024 seeks utility-scale renewable energy, including wind and solar, to meet rising electricity demand, advance clean goals, expand grid, and support Indigenous participation through competitive procurement and equity opportunities.

 

Key Points

BC Hydro's 2024 bid to add zero-emission wind and solar to meet rising demand and support Indigenous equity.

✅ Competitive procurement for utility-scale wind and solar

✅ Targets 3,000 GWh new greenfield by fiscal 2029

✅ Encourages Indigenous ownership and equity stakes

 

The Government of British Columbia (the Government or Province) has announced that BC Hydro would be moving forward with a call for new sources of 100 percent clean, renewable emission-free electricity, notably including wind and solar, even as nuclear power remains a divisive option among residents. The call, expected to launch in spring 2024, is BC Hydro's first call for power in 15 years and will seek power from larger scale projects.

Over the past decade, British Columbia has experienced a growing economy and population as well as a move by the housing, business and transportation sectors towards electrification, with industrial demand from LNG facilities also influencing load growth. As the Government highlighted in their recent announcement, the number of registered light-duty electric vehicles in British Columbia increased from 5,000 in 2016 to more than 100,000 in 2023. Zero-emission vehicles represented 18.1 percent of new light-duty passenger vehicles sold in British Columbia in 2022, the highest percentage for any province or territory.

Ultimately, the Province now expects electricity demand in British Columbia to increase by 15 percent by 2030. BC Hydro elaborated on the growing need for electricity in their recent Signposts Update to the British Columbia Utilities Commission (BCUC), and noted additions such as new generating stations coming online to support capacity. BC Hydro implemented its Signposts Update process to monitor whether the "Near-term actions" established in its 2021 Integrated Resource Plan continue to be appropriate and align with the changing circumstances in electricity demand. Those actions outline how BC Hydro will meet the electricity needs of its customers over the next 20 years. The original Near-term actions focused on demand-side management and not incremental electricity production.

In its Update, BC Hydro emphasized that increased use of electricity and decreased supply, along with episodes of importing out-of-province fossil power during tight periods, has advanced the forecast of the province's need for additional renewable energy by three years. Accordingly, BC Hydro has updated its 2021 Integrated Resource Plan to, among other things:

accelerate the timing of several Near-term actions on energy efficiency, demand response, industrial load curtailment, electricity purchase agreement renewals and utility-scale batteries; and
add new Near-term actions for BC Hydro to acquire an additional 3,000 GWh per year of new clean, renewable energy from greenfield facilities in the province able to achieve commercial operation as early as fiscal 2029, as well as approximately 700 GWh per year of new clean, renewable energy from existing facilities prior to fiscal 2029.
The Province's predictions align with Canada Energy Regulator's (CER) "Canada's Energy Future 2023" flagship report (Report) released on June 20, 2023. The Report, which looks at Canadians' possible energy futures, includes two long-term scenarios modelled on Canada reaching net-zero by 2050. Under either scenario, the electricity sector is predicted to serve as the cornerstone of the net-zero energy system, with examples such as Hydro-Quebec's decarbonization strategy illustrating this shift as it transforms and expands to accommodate increasing electricity use.

Key Details of the Call
Though not finalized, the call for power will be a competitive process, with the exact details to be designed by BC Hydro and the Province, incorporating input from the recently-formed BC Hydro Task Force made up of Indigenous communities, industry and stakeholders. This is a shift from previous calls for power, which operated as a continuous-intake program with a standing offer at a fixed rate, after projects like the Siwash Creek project were left in limbo.

Drawing on advice from Indigenous and external energy experts, the Province seeks to advance Indigenous ownership and equity interest opportunities in the electricity sector, potentially with minimum requirements for Indigenous participation in new projects to be a condition of the competitive process. The Province has also committed $140 million to the B.C. Indigenous Clean Energy Initiative (BCICEI) to support Indigenous-led power projects and their ability to respond to future electricity demand, facilitating their ability to compete in the call for power, despite their smaller size.

BC Hydro expects to initiate the call in spring 2024, with the goal of acquiring new sources of electricity as early as 2028, even as clean electricity affordability features prominently in Ontario's election discourse.

 

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Clean energy jobs energize Pennsylvania: Clean Energy Employment Report

Pennsylvania Clean Energy Employment surges, highlighting workforce growth in energy efficiency, solar, wind, grid and storage, and alternative transportation, supporting COVID-19 recovery, high-wage jobs, manufacturing, construction, and statewide economic resilience.

 

Key Points

Jobs across clean power, efficiency, grid, storage, and advanced transport fueling Pennsylvania's workforce growth.

✅ 8.7% job growth from 2017-2019, outpacing statewide average

✅ 97,000+ employed across efficiency, solar, wind, grid, and fuels

✅ 75% earn above median; strong full-time opportunities

 

The 2020 Pennsylvania Clean Energy Employment Report has been released, and Gov. Tom Wolf is energized by it.

This "comes at an opportune time, as government and industry leaders look to strengthen Pennsylvania's workforce and economy in response to the challenges of the COVID-19 pandemic," Wolf said Monday in a prepared statement. "This detailed analysis of data and trends in clean energy employment ... demonstrates the sector was a top job generator statewide, and shows which industries were hiring and looking for trained workers."

Foremost among the findings, released Monday, is that the clean energy sector was responsible for adding 7,794 jobs from 2017 through 2019. That is an 8.7% average job growth rate, well above the 1.9% overall average in the state, according to a news release from Wolf's office.

This report lists employment data in five industries: energy efficiency; clean energy generation; alternative transportation; clean grid and storage; and clean fuels, while some cleaner states still import dirty electricity in regional markets.

The energy efficiency industry was the biggest clean energy employer in the state last year, with more than 71,400 state residents working in construction, technology and manufacturing jobs related to energy-efficient systems.

Solar energy workers comprised the largest share of the clean energy generation workforce – 35.4%, or 5,173 individuals. Solar employment increased 8.3% from 2017 to 2019, while there was a slight decline nationwide amid clean energy job losses reported in May.

Wind energy firms employed 2,937, and policy moves such as Ontario's clean electricity regulations signal broader market shifts, with more than 21% of those roles in manufacturing.

Job losses, though, were recorded in nuclear generation (minus 4.5%) and coal generation (minus 8.6%) over the two-year period, as electricity deregulation remains a point of debate in the sector. This mirrors national declines in both categories.

Federal efforts to support coal community revitalization are channeling clean energy projects to hard-hit regions.

Natural gas electric generation capacity doubled across Pennsylvania over the past decade; even as residents could face winter electricity price increases according to recent reports, employment still grew 13.4% from 2017 through 2019. But increasing output from unconventional wells has outpaced demand, sparking reductions in siting and drilling for new wells.

The Clean Energy Employment Report was released along with – and as part of – the 2020 Pennsylvania Energy Employment Report, which asserts that energy remains a large employer in the state, and new clean energy funding announcements underscore the sector's momentum. As of the last quarter of 2019, according to the larger report, energy accounted for 269,031 jobs, or 4.5% of the overall statewide workforce.

Wolf, in summary, said: "This report shows that workforce training investment decisions can benefit Pennsylvanians right now and position the state going forward to grow and improve livelihoods, the economy and our environment."

 

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Energy Department Announces 20 New Competitors for the American-Made Solar Prize

American-Made Solar Prize Round 3 accelerates DOE-backed solar innovation, empowering entrepreneurs and domestic manufacturing with photovoltaics and grid integration support via National Laboratories, incubators, and investors to validate products, secure funding, and deploy backup power.

 

Key Points

A DOE challenge fast-tracking solar innovation to market readiness, boosting US manufacturing and grid integration.

✅ $50,000 awards to 20 teams for prototype validation

✅ Access to National Labs, incubators, investors, and mentors

✅ Focus on PV advances and grid integration solutions

 

The U.S. Department of Energy (DOE) announced the 20 competitors who have been invited to advance to the next phase of the American-Made Solar Prize Round 3, a competition designed to incentivize the nation’s entrepreneurs to strengthen American leadership in solar energy innovation and domestic manufacturing, a key front in the clean energy race today.

The American-Made Solar Prize is designed to help more American entrepreneurs thrive in the competitive global energy market. Each round of the prize brings new technologies to pre-commercial readiness in less than a year, ensuring new ideas enter the marketplace. As part of the competition, teams will have access to a network of DOE National Laboratories, technology incubators and accelerators, and related DOE efforts like next-generation building upgrades, venture capital firms, angel investors, and industry. This American-Made Network will help these competitors raise private funding, validate early-stage products, or test technologies in the field.

Each team will receive a $50,000 cash prize and become eligible to compete in the next phase of the competition. Through a rigorous evaluation process, teams were chosen based on the novelty of their ideas and how their solutions address a critical need of the solar industry. The teams were selected from 120 submissions and represent 11 states. These projects will tackle challenges related to new solar applications, like farming, as well as show how solar can be used to provide backup power when the grid goes down, aided by increasingly affordable batteries now reaching scale. Nine teams will advance solar photovoltaic technologies, and 11 will address challenges related to how solar integrates with the grid. The projects are as follows:

Photovoltaics:

  • Durable Antireflective and Self-Cleaning Glass (Pittsburgh, PA)
  • Pursuit Solar - More Power, Less Hassle (Denver, NC)
  • PV WaRD (San Diego, CA)
  • Remotely Deployed Solar Arrays (Charlottesville, VA)
  • Robotics Changing the Landscape for Solar Farms (San Antonio, TX)
  • TrackerSled (Chicago, IL)
  • Transparent Polymer Barrier Films for PV (Bristol, PA)
  • Solar for Snow (Duluth, MN)
  • SolarWall Power Tower (Buffalo, NY)


Systems Integration:

  • Affordable Local Solar Storage via Utility Virtual Power Plants (Parker, TX)
  • Allbrand Solar Monitor (Detroit, MI)
  • Beyond Monitoring – Next Gen Software and Hardware (Atlanta, GA)
  • Democratizing Solar with Artificial Intelligence Energy Management (Houston, TX)
  • Embedded, Multi-Function Maximum Power Point Tracker for Smart Modules (Las Vegas, NV)
  • Evergrid: Keep Solar Flowing When the Grid Is Down (Livermore, CA)
  • Inverter Health Scan (San Jose, CA)
  • JuiceBox: Integrated Solar Electricity for Americans Transitioning out of Homelessness and Recovering from Natural Disasters (Claremont, CA)
  • Low-Cost Parallel-Connected DC Power Optimizer (Blacksburg, VA)
  • Powerfly: A Plug-and-Play Solar Monitoring Device (Berkeley, CA)
  • Simple-Assembly Storage Kit (San Antonio, TX)

Read the descriptions of the projects to see how they contribute to efforts to improve solar and wind power worldwide.

Over the next six months, these teams will fast-track their efforts to identify, develop, and test disruptive solutions amid record solar and storage growth projected nationwide. During a national demonstration day at Solar Power International in September 2020, a panel of judges will select two final winners who will receive a $500,000 prize. Learn more at the American-Made Solar Prize webpage.

The American-Made Challenges incentivize the nation's entrepreneurs to strengthen American leadership in energy innovation and domestic manufacturing. These new challenges seek to lower the barriers U.S.-based innovators face in reaching manufacturing scale by accelerating the cycles of learning from years to weeks while helping to create partnerships that connect entrepreneurs to the private sector and the network of DOE’s National Laboratories across the nation, alongside recent wind energy awards that complement solar innovation.

Go here to learn how this work aligns with a tenfold solar expansion being discussed nationally.

https://www.energy.gov/eere/solar/solar-energy-technologies-office

 

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Brazil tax strategy to bring down fuel, electricity prices seen having limited effects

Brazil ICMS Tax Cap limits state VAT on fuels, natural gas, electricity, communications, and transit, promising short-term price relief amid inflation, with federal compensation to states and potential legal challenges affecting investments and ANP auctions.

 

Key Points

A policy capping state VAT at 17-18 percent on fuels, electricity, and services to temper prices and inflation.

✅ Caps VAT to 17-18% on fuels, power, telecom, transit

✅ Short-term relief; medium-long term impact uncertain

✅ Federal compensation; potential court challenges, investment risk

 

Brazil’s congress approved a bill that limits the ICMS tax rate that state governments can charge on fuels, natural gas, electricity, communications, and public transportation. 

Local lawyers told BNamericas that the measure may reduce fuel and power prices in the short term, similar to Brazil power sector relief loans seen during the pandemic, but it is unlikely to produce any major effects in the medium and long term. 

In most states the ceiling was set at 17% or 18% and the federal government will pay compensation to the states for lost tax revenue until December 31, via reduced payments on debts that states owe the federal government.

The bill will become law once signed by President Jair Bolsonaro, who pushed strongly for the proposal with an eye on his struggling reelection campaign for the October presidential election. Double-digit inflation has turned into a major election issue and fuel and electricity prices have been among the main inflation drivers, as seen in EU energy-driven inflation across the bloc this year. Congress’ approval of the bill is seen by analysts as political victory for the Brazilian leader.

How much difference will it make?

Marcus Francisco, tax specialist and partner at Villemor Amaral Advogados, said that in the formation of fuel and electricity prices there are other factors, including high natural gas prices, that drive increases.

“In the case of fuels, if the barrel of oil [price] increases, automatically the final price for the consumer will go up. For electricity, on the other hand, there are several subsidies and policy choices such as Florida rejecting federal solar incentives that are part of the price and that can increase the rate [paid],” he said. 

There is also a possibility that some states will take the issue to the supreme court since ICMS is a key source of revenue for them, Francisco added.

Tiago Severini, a partner at law firm Vieira Rezende, said the comparison between the revenue impact and the effective price reduction, based on the estimates made by the states and the federal government, seems disproportionate, and, as seen in Europe, rolling back European electricity prices is often tougher than it appears. 

“In other words, a large tax collection impact is generated, which is quite unequal among the different states, for a not so strong price reduction,” he said.

“Due to the lack of clarity regarding the precision of the calculations involved, it’s difficult even to assess the adequacy of the offsets the federal government has been considering, and international cases such as France's new electricity pricing scheme illustrate how complex it can be to align fiscal offsets with regulatory constraints, to cover the cost it would have with the compensation for the states” Severini added.

The compensation ideas that are known so far include hiking other taxes, such as the social contribution on net profits (CSLL) that is paid by oil and gas firms focused on exploration and production.

“This can generate severe adverse effects, such as legal disputes, reduced investments in the country, and reduced attractiveness of the new auctions by [sector regulator] ANP, and costly interventions like the Texas electricity market bailout after extreme weather events,” Severini said. 

 

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