APER Presents Bill That Aims to Ensure ICMS Exemption for Solar Energy Consumers in RN, Reinforcing Legal Security and Avoiding Setbacks in the Sector.
The discussion around the tax incentives granted to solar energy gained new momentum in Rio Grande do Norte after the Potiguar Association of Renewable Energies (APER) brought a proposal for a Bill to the Legislative Assembly that seeks to preserve tax benefits for consumers of micro and mini distributed generation.
The initiative, inspired by a recent state decree, aims to ensure legal stability and avoid additional costs for residents who have invested in their own energy generation.
APER Presents Proposal That Aims to Protect Solar Energy Consumers
The official delivery of the proposal took place on December 4, when a delegation from APER was at the RN Legislative Assembly.
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The group consisted of president Williman Oliveira, legal director Diego Mendonça, executive secretary Letícia Sales, and member Pedro Medeiros.
The representatives were received by state deputy Nelter Queiroz, who listened closely to the entity’s justifications for turning the understanding already provided in the decree regarding the ICMS exemption on active electric energy compensated in the Electric Energy Compensation System (SCEE) into law.
ICMS Exemption Is Central to the Proposal
During the meeting, the delegation emphasized that the state government’s decree stipulates that the amounts received by distributors as subsidies from the Energy Development Account (CDE), when used to cover tariff components related to the energy compensated by micro and mini distributed generation units, should not be included in the ICMS calculation base.
This rule, which is currently valid until December 31, 2026, protects consumers who produce their own energy and ensures financial predictability for the renewable energy sector.
However, APER warns that, despite being positive, the decree does not provide the same legal security as a state law. Therefore, the association proposed that the understanding be formalized in legal text.
The change, according to the entity, would enhance normative stability and prevent potential setbacks that could lead to undue charges in the future. Additionally, it would guarantee the continuity of incentives for those who invest in solar energy and other renewable sources, ensuring that consumers and small producers are not harmed by abrupt changes in tax rules.

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