81R1711 TJS-D
By: Anchia H.B. No. 278
A BILL TO BE ENTITLED
AN ACT
relating to energy demand and incentives for distributed renewable
generation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.917 to read as follows:
Sec. 39.917. GOAL FOR DISTRIBUTED RENEWABLE GENERATION.
(a) In this section, "distributed renewable generation" has the
meaning assigned by Section 39.916.
(b) It is the goal of the legislature that by January 1,
2020, an additional 2,000 megawatts of generating capacity from
distributed renewable energy sources will have been installed in
this state and that, by January 1, 2015, at least 1,000 megawatts of
that additional generating capacity will have been installed in
this state.
(c) Electric utilities shall administer programs to give
all customers, in all customer classes, an opportunity and
incentive to use distributed renewable generation as a supplemental
energy source, including programs that provide incentives to:
(1) commercial and residential customers to build
integrated solar and geothermal generation of their residence or
place of business; and
(2) homebuilders to build integrated solar and
geothermal generation in new homes.
(d) A retail electric provider shall provide its customers
with distributed renewable generation educational materials.
(e) The commission shall provide oversight and adopt rules
and procedures to ensure that the utilities can achieve the goal
prescribed by this section, including rules and procedures:
(1) establishing a distributed renewable generation
cost recovery factor for ensuring timely and reasonable cost
recovery for utility expenditures made to satisfy the goal
prescribed by this section;
(2) establishing an incentive under Section 36.204 to
reward utilities administering programs under this section;
(3) providing a utility that is unable to establish a
distributed renewable generation cost recovery factor in a timely
manner due to a rate freeze with a mechanism to enable the utility
to:
(A) defer the costs of complying with this
section; and
(B) recover the deferred costs through a
distributed renewable generation cost recovery factor on the
expiration of the rate freeze period;
(4) ensuring that the costs associated with the
programs provided under this section are borne by the customer
classes that receive the services under the programs; and
(5) ensuring the program encourages the utilities to
pass on the value of the incentives to end-use consumers.
(f) The distributed renewable generation cost recovery
factor under Subsection (e) may not result in an over-recovery of
costs but may be adjusted each year to change rates to enable
utilities to match revenues against distributed renewable
generation costs and any incentives they receive. The factor shall
be adjusted to reflect any over-collection or under-collection of
distributed renewable generation cost recovery revenue in previous
years.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.