81R4750 TJS-D
By: Shapleigh S.B. No. 620
A BILL TO BE ENTITLED
AN ACT
relating to the state's goal for non-wind renewable electric
generating capacity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 39.904(a) and (o), Utilities Code, are
amended to read as follows:
(a) It is the intent of the legislature that by January 1,
2015, an additional 6,000 [5,000] megawatts of generating capacity
from renewable energy technologies will have been installed in this
state. The cumulative installed renewable capacity in this state
shall total 6,880 [5,880] megawatts by January 1, 2015, and the
commission shall establish a target of 11,000 [10,000] megawatts of
installed renewable capacity by January 1, 2025. The cumulative
installed renewable capacity in this state shall total 5,264 [2,280
megawatts by January 1, 2007, 3,272 megawatts by January 1, 2009,
4,264] megawatts by January 1, 2011, 6,256 [5,256] megawatts by
January 1, 2013, and 6,880 [5,880] megawatts by January 1, 2015. Of
the renewable energy technology generating capacity installed to
meet the goal of this subsection after September 1, 2005, the
commission shall establish a target of having at least 1,500 [500]
megawatts of capacity from a renewable energy technology other than
a source using wind energy by January 1, 2015.
(o) The commission may establish an alternative compliance
payment. An entity that has a renewable energy purchase
requirement under this section may elect to pay the alternative
compliance payment instead of applying renewable energy credits
toward the satisfaction of the entity's obligation under this
section. The commission may establish a separate alternative
compliance payment for the goal of 1,500 [500] megawatts of
capacity from renewable energy technologies other than wind energy.
The alternative compliance payment for a renewable energy purchase
requirement that could be satisfied with a renewable energy credit
from wind energy may not be less than $2.50 per credit or greater
than $20 per credit. Prior to September 1, 2009, an alternative
compliance payment under this subsection may not be set above $5 per
credit. In implementing this subsection, the commission shall
consider:
(1) the effect of renewable energy credit prices on
retail competition;
(2) the effect of renewable energy credit prices on
electric rates;
(3) the effect of the alternative compliance payment
level on the renewable energy credit market; and
(4) any other factors necessary to ensure the
continued development of the renewable energy industry in this
state while protecting ratepayers from unnecessary rate increases.
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.