Dive Brief:
- The Florida Supreme Court will hear oral arguments surrounding a controversial constitutional amendment backers say supports the rooftop solar industry. Opponents – led by solar installers – say the ballot initiative is misleading and will hurt their industry, Florida Politics reports.
- Consumers For Smart Solar (CFSS), a group supported by the state's electric utilities, is pushing for a constitutional amendment proposal to appear on Florida ballots that would establish a right in Florida for customers “to own or lease solar,” but wouldn't legalize third-party owned financing.
- The debate surrounds the concept of third-party ownership (TPO) of solar panels, and Floridians for Solar Choice (FSC), a group of solar installers and business interests, say the CSS measure is designed to confuse the issue and does not actually make any changes to consumer rights. FSC pushed its own ballot proposal to legalize TPO financing throughout last year, but was unable to garner enough signatures to qualify for the ballot.
Dive Insight:
The contentious battle over third-party financing for Florida's solar industry will head to the state's Supreme Court in May, where a utility-backed group is pushing a constitutional amendment proposal to appear on ballots this November.
The measure, they say, "establishes a right under Florida’s constitution for consumers to own or lease solar equipment installed on their property to generate electricity for their own use," according to a summary of the amendment. CSS already garnered the required number of verified signatures, but needs court approval of its language before it can make it on the 2016 ballot.
But opponents, Floridians for Solar Choice, have their own amendment, though it will not be included on this year's ballot. Their 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.
To appear on the ballot, the amendment must be clear and address a single subject. Last year, the court approved the wording of FSC's measure.
Florida Politics reports the Supreme Court will hear arguments on May 5.