Texas 2023 - 88th Regular

Texas House Bill HB3010 Compare Versions

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1	1	88R12603 JXC/MP-F
2	2	By: Zwiener H.B. No. 3010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of and permitting for certain energy devices at
8	8	a retail customer's premises.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 250, Local Government Code, is amended
11	11	by adding Section 250.014 to read as follows:
12	12	Sec. 250.014. ONLINE AND AUTOMATED RESIDENTIAL SOLAR AND
13	13	STORAGE PERMITTING. (a) In this section:
14	14	(1) "Residential energy storage system" means
15	15	commercially available technology, located behind a customer's
16	16	residential utility meter, that is capable of:
17	17	(A) absorbing electricity:
18	18	(i) generated on-site; or
19	19	(ii) from the electrical grid;
20	20	(B) storing electricity for a period of time; and
21	21	(C) discharging electricity to meet the power
22	22	needs of the customer or for export to the electrical grid.
23	23	(2) "Residential solar energy system" means a
24	24	configuration of solar energy devices that collects and distributes
25	25	solar energy for the purpose of generating electricity and that has
26	26	a single residential interconnection with the electrical grid.
27	27	(3) "SolarAPP+" means the web-based portal, as it
28	28	existed on January 1, 2023, developed by the National Renewable
29	29	Energy Laboratory, that automates plan review, produces
30	30	code-compliant approvals, and issues permits for residential solar
31	31	energy systems and residential energy storage systems paired with
32	32	residential solar energy systems.
33	33	(b) This section applies only to:
34	34	(1) a municipality that has a population of 5,000 or
35	35	more; and
36	36	(2) a county that has a population of 150,000 or more.
37	37	(c) Notwithstanding any other law, a municipality or county
38	38	shall implement an online and automated permitting system for
39	39	residential solar energy systems that have a nameplate rating of
40	40	not more than 40 kilowatts of alternating current and residential
41	41	energy storage systems paired with residential solar energy systems
42	42	that have a nameplate rating of not more than 40 kilowatts of
43	43	alternating current. The online and automated permitting system
44	44	must:
45	45	(1) verify that the proposed systems comply with
46	46	relevant building and fire codes; and
47	47	(2) issue a permit necessary for a contractor to
48	48	install or repair a solar energy system or residential storage
49	49	system in real time or allow the municipality or county to issue the
50	50	permit in real time.
51	51	(d) An online and automated permitting system implemented
52	52	under this section must have at least the same capabilities as
53	53	SolarAPP+. A municipality or county is not required to issue a
54	54	permit under Subsection (c) if the online and automated permitting
55	55	system implemented by the municipality or county does not meet the
56	56	capabilities of SolarAPP+ at the time the permit application is
57	57	submitted to the municipality or county.
58	58	(e) A municipality or county shall report to the Public
59	59	Utility Commission of Texas when the municipality or county has
60	60	implemented an online and automated permitting system under
61	61	Subsection (c).
62	62	(f) A municipality or county to which this section applies
63	63	must confirm compliance with this section when applying for a grant
64	64	or loan from the State Energy Conservation Office as a condition of
65	65	receiving the grant or loan.
66	66	SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
67	67	amended by adding Section 39.9166 to read as follows:
68	68	Sec. 39.9166. INTERCONNECTION OF ON-SITE SMALL DISTRIBUTED
69	69	GENERATION BY MUNICIPALLY OWNED UTILITIES AND ELECTRIC
70	70	COOPERATIVES. (a) In this section:
71	71	(1) "Interconnection" means the right of a distributed
72	72	generation owner to physically connect distributed generation to an
73	73	electricity distribution system, and the technical requirements,
74	74	rules, or processes for the connection.
75	75	(2) "On-site small distributed generation" means
76	76	distributed generation, as defined by Section 39.9165, located at a
77	77	customer's point of delivery with a capacity of not more than 100
78	78	kilowatts.
79	79	(b) Except as provided by Subsections (c) and (e), a
80	80	municipally owned utility or electric cooperative that provides
81	81	interconnections for on-site small distributed generation must
82	82	provide an interconnection not later than the 42nd day after the
83	83	date the utility or cooperative receives a complete application for
84	84	the interconnection.
85	85	(c) If the interconnection of on-site small distributed
86	86	generation will require substantial capital upgrades to the system
87	87	of a municipally owned utility or electric cooperative, the utility
88	88	or cooperative shall:
89	89	(1) provide to the interconnection applicant an
90	90	estimate of the applicant's costs for the upgrades and a proposed
91	91	schedule for the upgrades; and
92	92	(2) offer to provide the upgrades under a contract
93	93	with the interconnection applicant.
94	94	(d) Except as provided by Subsection (e), a municipally
95	95	owned utility or electric cooperative that enters into an upgrade
96	96	agreement under Subsection (c) shall provide the interconnection
97	97	not later than the 14th day after the date the upgrades are
98	98	complete, unless the interconnection applicant agrees to an
99	99	extension. The utility or cooperative shall employ best reasonable
100	100	efforts to complete the upgrades in the shortest time reasonably
101	101	practical.
102	102	(e) If a municipally owned utility or electric cooperative
103	103	determines that the utility or cooperative cannot interconnect
104	104	on-site small distributed generation according to the requirements
105	105	of this section, the utility or cooperative shall notify the
106	106	interconnection applicant in writing of the delay and the reason
107	107	for the delay and provide an estimated date for the
108	108	interconnection.
109	109	(f) A municipally owned utility or electric cooperative
110	110	shall process all on-site small distributed generation
111	111	interconnection applications in a non-discriminatory manner, in
112	112	the order in which they are received. An application that requires
113	113	minor modifications to be complete may not be rejected solely for
114	114	that reason.
115	115	(g) A municipally owned utility or electric cooperative may
116	116	not charge an owner or operator of on-site small distributed
117	117	generation that exports energy to the utility's or cooperative's
118	118	system:
119	119	(1) a charge for the operation and maintenance of the
120	120	utility's or cooperative's facilities;
121	121	(2) a distribution line charge; or
122	122	(3) a transmission access or line charge, a
123	123	transformation charge, or a transmission line loss charge.
124	124	(h) The governing body of a municipally owned utility or
125	125	electric cooperative shall provide oversight and adopt rules and
126	126	procedures, as necessary, to ensure that the utility or cooperative
127	127	complies with this section.
128	128	SECTION 3. (a) Except as provided by Subsection (b) of this
129	129	section, a municipality or county shall implement the online and
130	130	automated permitting system as required by Section 250.014, Local
131	131	Government Code, as added by this Act, not later than September 30,
132	132	2024.
133	133	(b) A municipality that has a population of at least 5,000
134	134	and not more than 50,000 shall implement the online and automated
135	135	permitting system as required by Section 250.014, Local Government
136	136	Code, as added by this Act, not later than September 30, 2025.
137	137	SECTION 4. This Act takes effect September 1, 2023.