By: Carona S.B. No. 981
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of distributed renewable generation of
electricity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (2), Subsection (a), Section 39.916,
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 2. Section 39.916, Utilities Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) If, at the time distributed renewable generation is
installed on a retail electric customer's side of the meter, the
estimated annual amount of electric energy to be produced by the
distributed renewable generation is less than or equal to the
customer's estimated annual electric energy consumption, the
commission may not consider the distributed renewable generation
owner to be a power generation company or require the distributed
renewable generation owner to register as a power generation
company.
SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.917 to read as follows:
Sec. 39.917. THIRD-PARTY PROVIDERS OF DISTRIBUTED
RENEWABLE GENERATION. The commission may not consider a person who
contracts with a retail electric customer to finance, install, or
maintain distributed renewable generation on the customer's side of
the meter under a contract, as described by Section 39.916(a)(2),
to be an electric utility, a power generation company, or a retail
electric provider.
SECTION 4. This Act takes effect September 1, 2011.