Florida Supreme Court skeptical on utility-backed solar amendment

Dive Brief:

The Florida Supreme Court on Monday heard arguments surrounding a ballot initiative proposed by a utility-backed group called Consumers for Smart Solar, which would establish a constitutional right in Florida for customers “to own or lease solar” but wouldn't legalize third-party financing.
Consumers for Smart Solar (CSS) proposed the ballot initiative in response to another amendment being proposed by solar advocacy group Floridians for Solar Choice (FSC). While FSC was unable to get their ballot proposal put forward in time for this election, they say the pro-utility group's proposal is designed to take control of the state's market.
At issue is whether or not third party providers have the right to sell energy directly to consumers without being classified as a utility and, consequently, under the purview of the Florida Public Service Commission and other regulatory entities.

Dive Insight:

The Miami Herald reports Florida's Supreme Court justices appear divided over the utility-backed ballot measure, with questions indicating skepticism on either side.

“It’s about the rights of people to have the right to have solar,” Justice Charles Canady said during arguments. “I think it’s perfectly clear.”

Perhaps not, questioned Justice Barbara Pariente. “The concern is by putting this into the Constitution, it maintains the status quo and prevents a further expansion of those that want solar energy and that’s why they’re opposing it,” she said.

Ultimately, the court's decision will determine whether the ballot initiative can move ahead. It will hinge on two factors: whether or not the proposition deals with a single subject, and whether it is clear or deceptive.

FSC said the ballot initiative's intent is to obscure the real issues. The group's officials say the "rights" which would be defined already exist in current state law. And ultimately, the utility's proposed language would allow it to shut down the state's solar market to third parties.

Floridians for Solar Choice say their own measure would allow for third-party ownership of rooftop solar, and would allow small-scale suppliers to sell electricity directly to consumers without being classified as a utility.

While the FSC's language was approved earlier in 2015 for the upcoming election ballot this year, a payment dispute with a consulting firm hired to secure signed petitions led to FSC failing to get the required number of signatures. The FSC is now "exploring options for 2018." Meanwhile, CSS amendment has secured 695,376 validated signatures, about 11,000 more than the 683,149 required to qualify it for the 2016 ballot, and is now seeking the court's approval of its language.