88R12603 JXC/MP-F
By: Zwiener H.B. No. 3010
A BILL TO BE ENTITLED
AN ACT
relating to the use of and permitting for certain energy devices at
a retail customer's premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 250, Local Government Code, is amended
by adding Section 250.014 to read as follows:
Sec. 250.014. ONLINE AND AUTOMATED RESIDENTIAL SOLAR AND
STORAGE PERMITTING. (a) In this section:
(1) "Residential energy storage system" means
commercially available technology, located behind a customer's
residential utility meter, that is capable of:
(A) absorbing electricity:
(i) generated on-site; or
(ii) from the electrical grid;
(B) storing electricity for a period of time; and
(C) discharging electricity to meet the power
needs of the customer or for export to the electrical grid.
(2) "Residential solar energy system" means a
configuration of solar energy devices that collects and distributes
solar energy for the purpose of generating electricity and that has
a single residential interconnection with the electrical grid.
(3) "SolarAPP+" means the web-based portal, as it
existed on January 1, 2023, developed by the National Renewable
Energy Laboratory, that automates plan review, produces
code-compliant approvals, and issues permits for residential solar
energy systems and residential energy storage systems paired with
residential solar energy systems.
(b) This section applies only to:
(1) a municipality that has a population of 5,000 or
more; and
(2) a county that has a population of 150,000 or more.
(c) Notwithstanding any other law, a municipality or county
shall implement an online and automated permitting system for
residential solar energy systems that have a nameplate rating of
not more than 40 kilowatts of alternating current and residential
energy storage systems paired with residential solar energy systems
that have a nameplate rating of not more than 40 kilowatts of
alternating current. The online and automated permitting system
must:
(1) verify that the proposed systems comply with
relevant building and fire codes; and
(2) issue a permit necessary for a contractor to
install or repair a solar energy system or residential storage
system in real time or allow the municipality or county to issue the
permit in real time.
(d) An online and automated permitting system implemented
under this section must have at least the same capabilities as
SolarAPP+. A municipality or county is not required to issue a
permit under Subsection (c) if the online and automated permitting
system implemented by the municipality or county does not meet the
capabilities of SolarAPP+ at the time the permit application is
submitted to the municipality or county.
(e) A municipality or county shall report to the Public
Utility Commission of Texas when the municipality or county has
implemented an online and automated permitting system under
Subsection (c).
(f) A municipality or county to which this section applies
must confirm compliance with this section when applying for a grant
or loan from the State Energy Conservation Office as a condition of
receiving the grant or loan.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9166 to read as follows:
Sec. 39.9166. INTERCONNECTION OF ON-SITE SMALL DISTRIBUTED
GENERATION BY MUNICIPALLY OWNED UTILITIES AND ELECTRIC
COOPERATIVES. (a) In this section:
(1) "Interconnection" means the right of a distributed
generation owner to physically connect distributed generation to an
electricity distribution system, and the technical requirements,
rules, or processes for the connection.
(2) "On-site small distributed generation" means
distributed generation, as defined by Section 39.9165, located at a
customer's point of delivery with a capacity of not more than 100
kilowatts.
(b) Except as provided by Subsections (c) and (e), a
municipally owned utility or electric cooperative that provides
interconnections for on-site small distributed generation must
provide an interconnection not later than the 42nd day after the
date the utility or cooperative receives a complete application for
the interconnection.
(c) If the interconnection of on-site small distributed
generation will require substantial capital upgrades to the system
of a municipally owned utility or electric cooperative, the utility
or cooperative shall:
(1) provide to the interconnection applicant an
estimate of the applicant's costs for the upgrades and a proposed
schedule for the upgrades; and
(2) offer to provide the upgrades under a contract
with the interconnection applicant.
(d) Except as provided by Subsection (e), a municipally
owned utility or electric cooperative that enters into an upgrade
agreement under Subsection (c) shall provide the interconnection
not later than the 14th day after the date the upgrades are
complete, unless the interconnection applicant agrees to an
extension. The utility or cooperative shall employ best reasonable
efforts to complete the upgrades in the shortest time reasonably
practical.
(e) If a municipally owned utility or electric cooperative
determines that the utility or cooperative cannot interconnect
on-site small distributed generation according to the requirements
of this section, the utility or cooperative shall notify the
interconnection applicant in writing of the delay and the reason
for the delay and provide an estimated date for the
interconnection.
(f) A municipally owned utility or electric cooperative
shall process all on-site small distributed generation
interconnection applications in a non-discriminatory manner, in
the order in which they are received. An application that requires
minor modifications to be complete may not be rejected solely for
that reason.
(g) A municipally owned utility or electric cooperative may
not charge an owner or operator of on-site small distributed
generation that exports energy to the utility's or cooperative's
system:
(1) a charge for the operation and maintenance of the
utility's or cooperative's facilities;
(2) a distribution line charge; or
(3) a transmission access or line charge, a
transformation charge, or a transmission line loss charge.
(h) The governing body of a municipally owned utility or
electric cooperative shall provide oversight and adopt rules and
procedures, as necessary, to ensure that the utility or cooperative
complies with this section.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, a municipality or county shall implement the online and
automated permitting system as required by Section 250.014, Local
Government Code, as added by this Act, not later than September 30,
2024.
(b) A municipality that has a population of at least 5,000
and not more than 50,000 shall implement the online and automated
permitting system as required by Section 250.014, Local Government
Code, as added by this Act, not later than September 30, 2025.
SECTION 4. This Act takes effect September 1, 2023.