88R4127 DIO-D By: Gervin-Hawkins H.B. No. 1013 A BILL TO BE ENTITLED AN ACT relating to statewide requirements for renewable electric generating capacity. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 39.904(a), (c), and (o), Utilities Code, are amended to read as follows: (a) Of the total amount of generating capacity installed in this state: (1) 50 percent must come from renewable energy technologies by January 1, 2030; and (2) 100 percent must come from renewable energy technologies by January 1, 2050. [It is the intent of the legislature that by January 1, 2015, an additional 5,000 megawatts of generating capacity from renewable energy technologies will have been installed in this state. The cumulative installed renewable capacity in this state shall total 5,880 megawatts by January 1, 2015, and the commission shall establish a target of 10,000 megawatts of installed renewable capacity by January 1, 2025. The cumulative installed renewable capacity in this state shall total 2,280 megawatts by January 1, 2007, 3,272 megawatts by January 1, 2009, 4,264 megawatts by January 1, 2011, 5,256 megawatts by January 1, 2013, and 5,880 megawatts by January 1, 2015. Of the renewable energy technology generating capacity installed to meet the goal of this subsection after September 1, 2005, the commission shall establish a target of having at least 500 megawatts of capacity from a renewable energy technology other than a source using wind energy.] (c) The [Not later than January 1, 2000, the] commission shall adopt rules necessary to administer and enforce this section. At a minimum, the rules shall: (1) establish the minimum annual renewable energy requirement for each retail electric provider, municipally owned utility, and electric cooperative operating in this state in a manner reasonably calculated by the commission to produce, on a statewide basis, compliance with the requirement prescribed by Subsection (a); and (2) specify reasonable performance standards that all renewable energy technologies [capacity additions] must meet to count against the requirement prescribed by Subsection (a) and that: (A) are designed and operated so as to maximize the energy output from the technologies [capacity additions] in accordance with then-current industry standards; and (B) encourage the development, construction, and operation of new renewable energy projects at those sites in this state that have the greatest economic potential for capture and development of this state's environmentally beneficial renewable resources. (o) The commission may establish an alternative compliance payment. An entity that has a renewable energy purchase requirement under this section may elect to pay the alternative compliance payment instead of applying renewable energy credits toward the satisfaction of the entity's obligation under this section. [The commission may establish a separate alternative compliance payment for the goal of 500 megawatts of capacity from renewable energy technologies other than wind energy. The alternative compliance payment for a renewable energy purchase requirement that could be satisfied with a renewable energy credit from wind energy may not be less than $2.50 per credit or greater than $20 per credit. Prior to September 1, 2009, an alternative compliance payment under this subsection may not be set above $5 per credit.] In implementing this subsection, the commission shall consider: (1) the effect of renewable energy credit prices on retail competition; (2) the effect of renewable energy credit prices on electric rates; (3) the effect of the alternative compliance payment level on the renewable energy credit market; and (4) any other factors necessary to ensure the continued development of the renewable energy industry in this state while protecting ratepayers from unnecessary rate increases. SECTION 2. Not later than January 1, 2024, the Public Utility Commission of Texas shall adopt rules required to administer and enforce Section 39.904, Utilities Code, as amended by this Act. SECTION 3. This Act takes effect September 1, 2023.