Texas 2009 - 81st Regular

Texas House Bill HB1643 Compare Versions

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11 81R8842 JJT-D
22 By: Farabee H.B. No. 1643
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to net metering for retail electric service customers and
88 compensation for excess electricity generated by certain renewable
99 energy technology generators.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is
1212 amended by adding Section 39.923 to read as follows:
1313 Sec. 39.923. NET METERING AND FAIR MARKET COMPENSATION OF
1414 ON-SITE ENERGY PRODUCTION FOR RETAIL CUSTOMERS. (a) In this
1515 section:
1616 (1) "Net metering service" means electric service for
1717 which a retail electric provider's customer is:
1818 (A) billed according to the difference between
1919 the amount of electricity provided by the retail electric provider
2020 to the customer during a billing period and the amount of
2121 electricity delivered from the customer's side of the meter using
2222 renewable energy technology; and
2323 (B) credited over an annualized period for the
2424 amount of electricity delivered from the customer's side of the
2525 meter using renewable energy technology when that amount is greater
2626 than the amount the retail electric provider delivers to the
2727 customer.
2828 (2) "Renewable energy technology" has the meaning
2929 assigned by Section 39.904(d).
3030 (b) Notwithstanding any other law, the commission by rule
3131 shall require an electric utility, retail electric provider,
3232 electric cooperative, or municipally owned utility to offer net
3333 metering service to all retail customers of the utility, provider,
3434 or cooperative who have an eligible on-site generating facility
3535 that generates electricity using renewable energy technology. In
3636 developing rules under this subsection, the commission shall
3737 consider model net metering rules published by the Interstate
3838 Renewable Energy Council and similar model rules.
3939 (c) Rules adopted under Subsection (b) must provide:
4040 (1) that a retail customer is entitled to compensation
4141 at fair market value for metered electricity produced by the
4242 customer's eligible on-site renewable energy technology generating
4343 facility and delivered to the electric transmission grid;
4444 (2) that, to the extent a retail customer earns a
4545 credit for the value of the customer's electricity delivered to the
4646 electric transmission grid, the electric utility, retail electric
4747 provider, electric cooperative, or municipally owned utility must
4848 pay the customer the excess value or allow the credit to offset
4949 later charges that accrue; and
5050 (3) for a retail customer to receive payment for
5151 excess energy credits from the utility, provider, or cooperative if
5252 the customer terminates service.
5353 (d) The commission by rule may establish standards an
5454 on-site renewable energy technology generating facility must meet
5555 to be eligible for compensation under Subsection (b), including
5656 standards for generating facility equipment and for
5757 interconnection. The standards must be designed so that
5858 small-scale renewable energy technology generating facilities
5959 located at residential and business addresses are eligible for the
6060 compensation.
6161 SECTION 2. This Act takes effect immediately if it receives
6262 a vote of two-thirds of all the members elected to each house, as
6363 provided by Section 39, Article III, Texas Constitution. If this
6464 Act does not receive the vote necessary for immediate effect, this
6565 Act takes effect September 1, 2009.