83R8706 JJT-F
By: Anchia H.B. No. 2196
A BILL TO BE ENTITLED
AN ACT
relating to compensation for surplus electricity generated by
distributed renewable generation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.916(j), Utilities Code, is amended to
read as follows:
(j) A [For] distributed renewable generation owner located
in an area [owners in areas] in which customer choice has been
introduced may [, the distributed renewable generation owner must]
sell the owner's surplus electricity produced to any [the] retail
electric provider that serves the same competitive region
[distributed renewable generation owner's load] at a value agreed
to between the distributed renewable generation owner and the
retail electric provider [that serves the owner's load which may
include, but is not limited to, an agreed value based on the
clearing price of energy at the time of day that the electricity is
made available to the grid] or in exchange for [it may be] a credit
that is applied to the distributed renewable generation owner's
customer [an] account during a billing period and that may be
carried over to subsequent billing periods until the credit has
been redeemed. The independent organization identified in Section
39.151 shall develop procedures so that the amount of electricity
purchased from a distributed renewable generation owner under this
section is accounted for in settling the total load served by the
provider that serves that owner's load [by January 1, 2009]. A
distributed renewable generation owner requesting [net] metering
services for purposes of this section must have metering devices
capable of providing measurements consistent with the independent
organization's settlement requirements.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.917 to read as follows:
Sec. 39.917. EVALUATION OF COMPENSATION FOR DISTRIBUTED
GENERATION; ACTION ON TARIFFS. (a) The commission biennially shall
investigate whether distributed generation owners and distributed
renewable generation owners, as defined by Section 39.916, are
receiving fair compensation for the benefits provided to
transmission and distribution systems by distributed generation.
Not later than December 31 of each even-numbered year, the
commission shall report its findings and evaluation of the
compensation to the speaker of the house of representatives, the
lieutenant governor, and each committee of the house of
representatives and senate with primary jurisdiction over electric
utilities or the commission.
(b) If the commission finds after conducting an
investigation under Subsection (a) that distributed generation
owners or distributed renewable generation owners are not receiving
fair compensation under the terms of the delivery rate tariffs in
effect during that period, the commission shall take actions
necessary to ensure that the relevant tariffs are amended to
provide for adherence to cost-causation rate-making principles in a
manner that considers at least transmission and distribution
investment deferrals and reductions in congestion costs.
SECTION 3. This Act takes effect September 1, 2013.