1 | 1 | | 81R8842 JJT-D |
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2 | 2 | | By: Farabee H.B. No. 1643 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to net metering for retail electric service customers and |
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8 | 8 | | compensation for excess electricity generated by certain renewable |
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9 | 9 | | energy technology generators. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is |
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12 | 12 | | amended by adding Section 39.923 to read as follows: |
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13 | 13 | | Sec. 39.923. NET METERING AND FAIR MARKET COMPENSATION OF |
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14 | 14 | | ON-SITE ENERGY PRODUCTION FOR RETAIL CUSTOMERS. (a) In this |
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15 | 15 | | section: |
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16 | 16 | | (1) "Net metering service" means electric service for |
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17 | 17 | | which a retail electric provider's customer is: |
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18 | 18 | | (A) billed according to the difference between |
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19 | 19 | | the amount of electricity provided by the retail electric provider |
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20 | 20 | | to the customer during a billing period and the amount of |
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21 | 21 | | electricity delivered from the customer's side of the meter using |
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22 | 22 | | renewable energy technology; and |
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23 | 23 | | (B) credited over an annualized period for the |
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24 | 24 | | amount of electricity delivered from the customer's side of the |
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25 | 25 | | meter using renewable energy technology when that amount is greater |
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26 | 26 | | than the amount the retail electric provider delivers to the |
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27 | 27 | | customer. |
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28 | 28 | | (2) "Renewable energy technology" has the meaning |
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29 | 29 | | assigned by Section 39.904(d). |
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30 | 30 | | (b) Notwithstanding any other law, the commission by rule |
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31 | 31 | | shall require an electric utility, retail electric provider, |
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32 | 32 | | electric cooperative, or municipally owned utility to offer net |
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33 | 33 | | metering service to all retail customers of the utility, provider, |
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34 | 34 | | or cooperative who have an eligible on-site generating facility |
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35 | 35 | | that generates electricity using renewable energy technology. In |
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36 | 36 | | developing rules under this subsection, the commission shall |
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37 | 37 | | consider model net metering rules published by the Interstate |
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38 | 38 | | Renewable Energy Council and similar model rules. |
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39 | 39 | | (c) Rules adopted under Subsection (b) must provide: |
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40 | 40 | | (1) that a retail customer is entitled to compensation |
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41 | 41 | | at fair market value for metered electricity produced by the |
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42 | 42 | | customer's eligible on-site renewable energy technology generating |
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43 | 43 | | facility and delivered to the electric transmission grid; |
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44 | 44 | | (2) that, to the extent a retail customer earns a |
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45 | 45 | | credit for the value of the customer's electricity delivered to the |
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46 | 46 | | electric transmission grid, the electric utility, retail electric |
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47 | 47 | | provider, electric cooperative, or municipally owned utility must |
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48 | 48 | | pay the customer the excess value or allow the credit to offset |
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49 | 49 | | later charges that accrue; and |
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50 | 50 | | (3) for a retail customer to receive payment for |
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51 | 51 | | excess energy credits from the utility, provider, or cooperative if |
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52 | 52 | | the customer terminates service. |
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53 | 53 | | (d) The commission by rule may establish standards an |
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54 | 54 | | on-site renewable energy technology generating facility must meet |
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55 | 55 | | to be eligible for compensation under Subsection (b), including |
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56 | 56 | | standards for generating facility equipment and for |
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57 | 57 | | interconnection. The standards must be designed so that |
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58 | 58 | | small-scale renewable energy technology generating facilities |
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59 | 59 | | located at residential and business addresses are eligible for the |
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60 | 60 | | compensation. |
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61 | 61 | | SECTION 2. This Act takes effect immediately if it receives |
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62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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65 | 65 | | Act takes effect September 1, 2009. |
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