81R25166 TJS-D
By: Crownover, Solomons H.B. No. 4309
Substitute the following for H.B. No. 4309:
By: Hardcastle C.S.H.B. No. 4309
A BILL TO BE ENTITLED
AN ACT
relating to the use of grants or loans by an electric utility or
transmission and distribution utility deploying advanced metering
technology for use with renewable energy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.107(h), Utilities Code, is amended to
read as follows:
(h) The commission shall establish a nonbypassable
surcharge for an electric utility or transmission and distribution
utility to use to recover reasonable and necessary costs incurred
in deploying advanced metering and meter information networks to
residential customers and nonresidential customers other than
those required by the independent system operator to have an
interval data recorder meter. The commission shall ensure that the
nonbypassable surcharge reflects a deployment of advanced meters
that is no more than one-third of the utility's total meters over
each calendar year and shall ensure that the nonbypassable
surcharge does not result in the utility recovering more than its
actual, fully allocated meter and meter information network costs.
The expenses must be allocated to the customer classes receiving
the services, based on the electric utility's most recently
approved tariffs. An electric utility or transmission and
distribution utility that deploys advanced metering and meter
information networks shall, to the extent practicable, obtain
grants, loans, and loan guarantees available from the federal
government specifically for that purpose, and other available
revenue that would reduce the utility's cost of deployment. The
commission shall reflect the revenue obtained when establishing the
amount of a surcharge under this subsection and may reduce the
amount of a surcharge approved before the utility received the
revenue, if necessary.
SECTION 2. Section 39.904, Utilities Code, is amended by
adding Subsection (h-1) to read as follows:
(h-1) An electric utility, transmission and distribution
utility, or river authority that has been designated by the
commission to construct transmission capacity under Subsection (g)
shall, to the extent practicable, obtain grants, loans, and loan
guarantees available from the federal government specifically for
that purpose, and other available revenue to reduce the utility's
or authority's cost of construction. The commission shall reflect
the revenue obtained when establishing or modifying the rates of
the utility or authority and may propose a rate reduction under
Subchapter D, Chapter 36, if necessary.
SECTION 3. 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.