Texas 2009 - 81st Regular

Texas House Bill HB278 Compare Versions

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11 81R1711 TJS-D
22 By: Anchia H.B. No. 278
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to energy demand and incentives for distributed renewable
88 generation.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is
1111 amended by adding Section 39.917 to read as follows:
1212 Sec. 39.917. GOAL FOR DISTRIBUTED RENEWABLE GENERATION.
1313 (a) In this section, "distributed renewable generation" has the
1414 meaning assigned by Section 39.916.
1515 (b) It is the goal of the legislature that by January 1,
1616 2020, an additional 2,000 megawatts of generating capacity from
1717 distributed renewable energy sources will have been installed in
1818 this state and that, by January 1, 2015, at least 1,000 megawatts of
1919 that additional generating capacity will have been installed in
2020 this state.
2121 (c) Electric utilities shall administer programs to give
2222 all customers, in all customer classes, an opportunity and
2323 incentive to use distributed renewable generation as a supplemental
2424 energy source, including programs that provide incentives to:
2525 (1) commercial and residential customers to build
2626 integrated solar and geothermal generation of their residence or
2727 place of business; and
2828 (2) homebuilders to build integrated solar and
2929 geothermal generation in new homes.
3030 (d) A retail electric provider shall provide its customers
3131 with distributed renewable generation educational materials.
3232 (e) The commission shall provide oversight and adopt rules
3333 and procedures to ensure that the utilities can achieve the goal
3434 prescribed by this section, including rules and procedures:
3535 (1) establishing a distributed renewable generation
3636 cost recovery factor for ensuring timely and reasonable cost
3737 recovery for utility expenditures made to satisfy the goal
3838 prescribed by this section;
3939 (2) establishing an incentive under Section 36.204 to
4040 reward utilities administering programs under this section;
4141 (3) providing a utility that is unable to establish a
4242 distributed renewable generation cost recovery factor in a timely
4343 manner due to a rate freeze with a mechanism to enable the utility
4444 to:
4545 (A) defer the costs of complying with this
4646 section; and
4747 (B) recover the deferred costs through a
4848 distributed renewable generation cost recovery factor on the
4949 expiration of the rate freeze period;
5050 (4) ensuring that the costs associated with the
5151 programs provided under this section are borne by the customer
5252 classes that receive the services under the programs; and
5353 (5) ensuring the program encourages the utilities to
5454 pass on the value of the incentives to end-use consumers.
5555 (f) The distributed renewable generation cost recovery
5656 factor under Subsection (e) may not result in an over-recovery of
5757 costs but may be adjusted each year to change rates to enable
5858 utilities to match revenues against distributed renewable
5959 generation costs and any incentives they receive. The factor shall
6060 be adjusted to reflect any over-collection or under-collection of
6161 distributed renewable generation cost recovery revenue in previous
6262 years.
6363 SECTION 2. This Act takes effect immediately if it receives
6464 a vote of two-thirds of all the members elected to each house, as
6565 provided by Section 39, Article III, Texas Constitution. If this
6666 Act does not receive the vote necessary for immediate effect, this
6767 Act takes effect September 1, 2009.