| 1 | 1 | | 85S10807 JXC-D |
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| 2 | 2 | | By: Pickett H.B. No. 199 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of an electric utility to impose a rate or |
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| 8 | 8 | | charge on an owner of solar or wind electric generation. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 36, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 36.066 to read as follows: |
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| 12 | 12 | | Sec. 36.066. LIMITATIONS ON RATES OR CHARGES IMPOSED ON |
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| 13 | 13 | | SOLAR OR WIND ELECTRIC GENERATION OWNERS. (a) In this section: |
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| 14 | 14 | | (1) "Distributed solar or wind renewable generation" |
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| 15 | 15 | | means electric generation that is installed on a retail electric |
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| 16 | 16 | | customer's side of the meter and uses an energy source derived |
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| 17 | 17 | | directly: |
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| 18 | 18 | | (A) from the sun; or |
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| 19 | 19 | | (B) from wind. |
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| 20 | 20 | | (2) "Distributed solar or wind renewable generation |
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| 21 | 21 | | owner" means: |
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| 22 | 22 | | (A) an owner of distributed solar or wind |
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| 23 | 23 | | renewable generation; |
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| 24 | 24 | | (B) a retail electric customer on whose side of |
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| 25 | 25 | | the meter distributed solar or wind renewable generation is |
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| 26 | 26 | | installed and operated, regardless of whether the customer takes |
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| 27 | 27 | | ownership of the distributed solar or wind renewable generation; or |
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| 28 | 28 | | (C) a person who by contract is assigned |
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| 29 | 29 | | ownership rights to energy produced from distributed solar or wind |
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| 30 | 30 | | renewable generation located at the premises of the customer on the |
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| 31 | 31 | | customer's side of the meter. |
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| 32 | 32 | | (b) An electric utility may not impose on residential |
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| 33 | 33 | | customers who are distributed solar or wind renewable generation |
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| 34 | 34 | | owners: |
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| 35 | 35 | | (1) a rate or charge that applies only to those |
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| 36 | 36 | | customers; or |
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| 37 | 37 | | (2) a rate or charge that is significantly higher than |
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| 38 | 38 | | a similar charge imposed on residential customers who are not |
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| 39 | 39 | | distributed solar or wind renewable generation owners. |
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| 40 | 40 | | SECTION 2. The change in law made by this Act applies only |
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| 41 | 41 | | to a rate or charge finally approved on or after the effective date |
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| 42 | 42 | | of this Act. A rate or charge finally approved before that date is |
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| 43 | 43 | | governed by the law in effect immediately before the effective date |
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| 44 | 44 | | of this Act, and that law is continued in effect for that purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect December 1, 2017. |
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