By: Eiland H.B. No. 4098
A BILL TO BE ENTITLED
AN ACT
relating to distributed solar generation of electric power.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.914, Utilities Code, is amended as
follows:
(a) An electric utility or retail electric provider shall
provide for net metering and contract with an independent school
district or other customer who owns or operates a qualifying
distributed solar generation facility so that[:
[(1)] surplus electricity produced by [a school
building's] the customer's qualifying solar electric generation
facility [panels] is made available for [sale] delivery to the
electric transmission grid [and distribution system; and
[(2) the net value of that surplus electricity is
credited to the district].
(b) [For areas of this state in which customer choice has
not been introduced, the commission by rule shall require that
credits for electricity produced by a school building's solar
electric generation panels reflect the value of the electricity
that is made available for sale to the electric utility in
accordance with federal regulations.] In an area of this state in
which customer choice has not been introduced, a customer may sell
to the electric utility any surplus electricity produced from its
qualifying distributed solar generation facility that is delivered
to the grid, at a price that reflects the utility's cost of
producing or buying energy, by date and time, or at the retail price
of electricity delivered to the customer.
(c) [For independent school districts in areas in which
customer choice has been introduced, the district must sell the
school buildings' surplus electricity produced to the retail
electric provider that serves the school district's load at a value
agreed to between the district and the provider that serves the
district's load. The agreed value may be based on the clearing
price of energy at the time of day that the electricity is made
available to the grid. The independent organization identified in
Section 39.151 shall develop procedures so that the amount of
electricity purchased from a district under this section is
accounted for in settling the total load served by the provider that
serves the district's load. A district requesting net metering
services for purposes of this section must have metering devices
capable of providing measurements consistent with the independent
organization's settlement requirements.] In an area of this state
in which customer choice has been introduced a customer may sell to
the retail electric provider any surplus electricity produced from
its qualifying distributed solar generation facility that is
delivered to the grid, at a price that reflects the price in the
wholesale market at the date and time the electricity is delivered
or at the retail price of electricity delivered to the customer.
(d) [A transmission and distribution utility shall make
available to an independent school district for purposes of this
section metering required for services provided under this section,
including separate meters that measure the load and generator
output or a single meter capable of measuring separately in-flow
and out-flow at the point of common coupling meter point. The] A
customer may sell energy to an electric utility or a retail provider
at a rate that varies by date and time of day only if the customer
elects to be equipped with an advanced meter capable of measuring
and recording energy deliveries by date and time or if an
independent organization has developed profiles for production of
electricity from solar generation. A [district] customer electing
to be equipped with an advanced meter must pay the differential cost
of the metering unless the advanced meters are provided at no
additional cost. Except as provided by this section, Section
39.107 applies to metering under this section.
(e) A municipally owned utility or electric cooperative
shall consider and complete the determinations regarding net
metering service as provided by the federal Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. Section 2601 et seq., as
amended by the federal Energy Policy Act of 2005 (Pub. L. No.
109-58)) after proceedings conducted in accordance with that law.
A municipally owned utility or electric cooperative shall report
the determinations made under this subsection to the State Energy
Conservation Office and include in that report information
regarding metering electricity generated by solar panels on public
school building rooftops.
(f) This section applies to all electric utilities and
retail electric providers, notwithstanding any provision of
subchapter I or J of this chapter or any provision of section 39.916
that is in conflict with this section.
(g) The commission may adopt rules to implement this
section.
(h) In this section, "qualifying distributed solar
generation facility" means a facility for the generation of
electricity using energy derived from the sun that is installed on
the customer's side of the meter and, in the case of such a facility
that is not owned or operated by an independent school district, has
a capacity of not more than 2,000 kilowatts.
SECTION 2. This Act is effective September 1, 2009.