By: Lucio S.B. No. 94
A BILL TO BE ENTITLED
AN ACT
relating to the sale of electric energy produced by distributed
renewable generation owners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.002(6), Utilities Code, is amended to
read as follows:
(6) "Electric utility" means a person or river
authority that owns or operates for compensation in this state
equipment or facilities to produce, generate, transmit,
distribute, sell, or furnish electricity in this state. The term
includes a lessee, trustee, or receiver of an electric utility and a
recreational vehicle park owner who does not comply with Subchapter
C, Chapter 184, with regard to the metered sale of electricity at
the recreational vehicle park. The term does not include:
(A) a municipal corporation;
(B) a qualifying facility;
(C) a power generation company;
(D) an exempt wholesale generator;
(E) a power marketer;
(F) a corporation described by Section 32.053 to
the extent the corporation sells electricity exclusively at
wholesale and not to the ultimate consumer;
(G) an electric cooperative;
(H) a retail electric provider;
(I) this state or an agency of this state; or
(J) a person not otherwise an electric utility
who:
(i) furnishes an electric service or
commodity only to itself, its employees, or its tenants as an
incident of employment or tenancy, if that service or commodity is
not resold to or used by others;
(ii) owns or operates in this state
equipment or facilities to produce, generate, transmit,
distribute, sell, or furnish electric energy to an electric
utility, if the equipment or facilities are used primarily to
produce and generate electric energy for consumption by that
person; [or]
(iii) owns or operates in this state a
recreational vehicle park that provides metered electric service in
accordance with Subchapter C, Chapter 184; or
(iv) owns distributed renewable energy
interconnected on the customer's side of the retail electric meter.
SECTION 2. Section 31.002(10), Utilities Code, is amended
to read as follows:
(10) "Power generation company" means a person that:
(A) generates electricity that is intended to be
sold at wholesale;
(B) does not own a transmission or distribution
facility in this state other than an essential interconnecting
facility, a facility not dedicated to public use, or a facility
otherwise excluded from the definition of "electric utility" under
this section; and
(C) does not have a certificated service area,
although its affiliated electric utility or transmission and
distribution utility may have a certificated service area.
(D) The term does not include owners of
distributed renewable generation interconnected on the customer's
side of the retail electric meter that is expected at the time of
installation to produce less energy annually than is consumed by
the retail electric customer on an annual basis.
SECTION 3. Section 31.002(17), Utilities Code, is amended
to read as follows:
(17) "Retail electric provider" means a person that
sells electric energy to retail customers in this state. A retail
electric provider may not own or operate generation assets. The
term does not include:
(A) Owners of distributed renewable generation
interconnected on the retail customer's side of the retail electric
meter and expected at the time of installation to generate less
energy than is consumed by the retail customer on an annual basis.
SECTION 4. Section 39.916, Utilities Code, is amended by
adding Subsection (k) to read as follows:
(k) The commission by rule shall require a retail electric
provider that purchases surplus electricity produced by
distributed renewable generation to include on each bill of a
customer who is a distributed renewable generation owner line items
that inform the customer of:
(1) the capacity of the owner's distributed renewable
generation system;
(2) the amount of surplus electricity produced by the
customer's distributed renewable generation system purchased by
the retail electric provider, in terms of kilowatt hours; and
(3) the average price the retail electric utility paid
for each kilowatt hour of the surplus electricity produced by the
customer's distributed renewable generation system.
SECTION 5. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Sections 39.926 to read as follows:
Sec. 39.926. INFORMATION ON INTERNET REGARDING PURCHASE OF
SURPLUS ELECTRICITY PRODUCED BY DISTRIBUTED RENEWABLE GENERATION.
(a) On the Internet website found at
http://www.powertochoose.org, the commission shall provide for
access to easily comparable information regarding retail electric
providers' offers to distributed renewable generation owners for
their surplus electricity, including information regarding
contract terms and whether the retail electric provider makes no
offer for surplus electricity, for each retail electric provider
using that website.
(b) On the Internet website found at
http://www.powertochoose.org, the commission shall provide for
access to easily comparable information regarding offers of
renewable energy credit marketers to distributed renewable
generation owners, for each renewable energy credit marketers using
that website.
(c) The commission by rule shall require transmission and
distribution utilities and retail electric providers to provide on
publicly accessible Internet websites information on purchase
price offers per kilowatt hour for surplus electricity produced by
distributed renewable generation and information instructing
customers with distributed renewable generation on how to request
and obtain the purchase rates offered.
SECTION 6. This Act takes effect September 1, 2011.