82R7125 ALL-D
By: Crownover H.B. No. 2288
A BILL TO BE ENTITLED
AN ACT
relating to the classification of owners of certain distributed
renewable generation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.002, Utilities Code, is amended to
read as follows:
Sec. 39.002. APPLICABILITY. This chapter, other than
Sections 39.155, 39.157(e), 39.203, 39.903, 39.904, 39.9051,
39.9052, [and] 39.914(e), and 39.917, does not apply to a
municipally owned utility or an electric cooperative. Sections
39.157(e), 39.203, and 39.904, however, apply only to a municipally
owned utility or an electric cooperative that is offering customer
choice. If there is a conflict between the specific provisions of
this chapter and any other provisions of this title, except for
Chapters 40 and 41, the provisions of this chapter control.
SECTION 2. Section 39.916(a)(2), Utilities Code, is amended
to read as follows:
(2) "Distributed renewable generation owner" means:
(A) the owner of distributed renewable
generation; or
(B) a retail electric customer who contracts with
another person to finance, install, or maintain distributed
renewable generation on the customer's side of the meter,
regardless of whether the customer takes ownership of the installed
distributed renewable generation.
SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.917 to read as follows:
Sec. 39.917. CLASSIFICATION OF OWNERS OF CERTAIN
DISTRIBUTED RENEWABLE GENERATION. (a) In this section,
"distributed renewable generation" means electric generation
provided by a renewable energy technology, as defined by Section
39.904, that is installed on a retail electric customer's side of
the meter.
(b) The commission may not consider a retail electric
customer to be a power generation company based on the customer's
ownership of distributed renewable generation or the customer's
contract with another person to finance, install, or maintain
distributed renewable generation on the customer's side of the
meter.
(c) The commission may not consider a person to be an
electric utility, a power generation company, or a retail electric
provider based on the person's contract with a retail electric
customer to finance, install, or maintain distributed renewable
generation on the customer's side of the meter, regardless of the
person's ownership of the generation facilities.
SECTION 4. This Act takes effect September 1, 2011.