Delays in the amendment of the Renewable Energy Sources Act
These changes are a result of the current regulations contained in the RES Act. The draft bill proposed by the Ministry of Climate and Environment did not come into force before 1 July 2024. The amendment, aimed at increasing the predictability of net-billing settlements, came into force later. The solutions described below are the law in force today, and their wording is given after the consolidated text of the RES Act (Journal of Laws 2026, item 68).
Impact of the changes on prosumers
The failure to pass the amendment to the RES Act with the changes to net-billing announced by the Ministry of Climate and Environment means that the hourly price came into force on 1 July this year. It will apply to all prosumers using net-billing. The final shape of the provisions settled the doubt about existing prosumers. Under Article 4b(1) of the RES Act, a prosumer who first fed energy into the grid by 30 June 2024 is still settled at the monthly market price of energy, and under Article 4b(2) hourly settlement applies to those who did so from 1 July 2024.
The new regulations may mean that surplus energy fed into the grid could be settled at a very low price due to a fall in energy prices on the exchange. Prosumers feeding in surpluses at the same time may lead to lower values of energy set aside under the prosumer deposit scheme.
New proposals for prosumers
- Prosumers settled before 1 July 2024 on the basis of the RCEm remained under that method (Article 4b(1) of the RES Act). They may, however, submit a declaration to the supplier and move to settlement based on the market price of electricity applicable during imbalance settlement periods (Article 4b(2a)). The decision runs one way only, because Article 4b(2b) excludes a return to monthly settlement.
- The incentive to switch billing systems is a higher refund of funds not used by the prosumer for electricity fed into the grid over the following 12 months, the so-called overpayment. Under Article 4(11a) of the RES Act the refund may not exceed 20% of the value of the energy fed into the grid in a given month where settlement follows Article 4b(1), and 30% where it follows Article 4b(2).
- Article 4c(4) of the RES Act now provides that the value of the prosumer deposit for a given calendar month is determined, increased by a factor of 1.23 and allocated to the prosumer account in the following calendar month.
In summary, these changes aim to increase the profitability of investments in prosumer installations, as well as to achieve greater benefits from the production of energy for own use in micro-installations.
As the drafters assured, the changes did not affect other energy consumers, as they concern the prosumer’s settlements with the trading company for the electricity fed into the grid and drawn from the grid at times when the micro-installation is not generating it.
Settlement of energy surpluses under the net-metering system
Furthermore, due to the lack of a clear method for settling surplus energy under the net-metering system, Article 4c(9) of the RES Act was amended.
Under the wording in force, where the settlement system changes, the supplier adds to the prosumer’s account the value of electricity generated and not consumed by a prosumer who used net-metering settlement. That value is determined on the basis of the average monthly market price applicable for the month preceding the month in which settlement under the net-metering system ends (Article 4c(10)(1) of the RES Act).
Corrections to metering data
The draft also provided for changing the threshold for correcting metering data settled at the RCEm price from 0.1% to 2%, with the aim of reducing the number of adjustments to settlements and lowering the costs of servicing prosumers under net-billing. That threshold does not appear in the consolidated text of the RES Act (Journal of Laws 2026, item 68), so before relying on it the implementing regulations need to be checked.
Frequently asked questions
How will the method of settling energy fed into the grid change from July 1, 2024?
From July 1, 2024, the value of energy fed into the grid by a prosumer is calculated based on the market price of electricity, i.e., the hourly price. Until the end of June 2024, the monthly market price of energy was in effect.
Can a prosumer remain with monthly price settlement after the new rules come into effect?
Yes. Under Article 4b(1) of the RES Act a prosumer who first fed energy into the grid by 30 June 2024 remains settled at the monthly market price. Such a prosumer may switch to hourly settlement by declaration (Article 4b(2a)), but Article 4b(2b) excludes a return to monthly settlement.
What are the proposed changes regarding the amount of overpayment refund for energy?
Under Article 4(11a) of the RES Act the refund of unused funds from overpayment amounts to up to 30% of the value of the energy fed into the grid where settlement follows Article 4b(2), and up to 20% where it follows Article 4b(1).
Can the new settlement system lower the value of my prosumer deposit?
Yes, new regulations may cause surplus energy fed into the grid to be settled at a very low price due to price drops on the exchange. Sending surpluses at the same time may lead to lower values of energy deposited within the prosumer deposit.
How will energy from the net-metering system be settled when changing to net-billing?
The value of energy generated and not used by a prosumer previously using net-metering is added to their account. That value is determined on the basis of the average monthly market price applicable for the month preceding the month in which settlement under the net-metering system ends (Article 4c(10)(1) of the RES Act).
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She specializes in civil, commercial and business law. In the corporate and energy department, her activities are mainly based on providing corporate services to companies, reviewing and preparing commercial contracts, drafting litigation and non-litigation pleadings and preparing analyses and legal opinions, particularly in the sphere of business law and energy law. She also has professional experience in administrative and civil proceedings, which she gained in Warsaw law firms. She supports the Firm's…
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