88R10816 JXC-F By: Hunter H.B. No. 3390 A BILL TO BE ENTITLED AN ACT relating to the provision of information regarding distributed generation and certain electrical loads. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.9165, Utilities Code, is amended to read as follows: Sec. 39.9165. DISTRIBUTED GENERATION FACILITY REPORTING. (a) In this section, "distributed generation facility" [generation"] is an electrical generating facility, including an energy storage facility, that: (1) [may be located at a customer's point of delivery; [(2)] is connected at a voltage less than 60 kilovolts; and (2) is capable of being [(3) may be] connected in parallel operation to the utility system. (b) An independent organization certified under Section 39.151 may [shall] require an owner or operator of a distributed generation facility operating in the power region served by the independent organization to provide information about the distributed generation facility, as specified by the independent organization, to the owner's or operator's [to register with the organization and] interconnecting electric cooperative, municipally owned utility, or transmission and distribution utility [information necessary for the interconnection of the distributed generator]. (c) An independent organization certified under Section 39.151 may require each electric cooperative, municipally owned utility, and transmission and distribution utility operating in the power region served by the independent organization to provide to the independent organization any information about distributed generation facilities or distribution-connected loads in the service territory of the electric cooperative, municipally owned utility, or transmission and distribution utility that the independent organization identifies as necessary for maintaining system reliability. (d) The commission may require an owner or operator of a distributed generation facility or an electric cooperative, municipally owned utility, or transmission and distribution utility to provide the information described by Subsections (b) and (c). (e) The commission or an independent organization certified under Section 39.151 may require information described by Subsections (b) and (c) to be provided on an individual basis or on an aggregated basis [This section does not apply to distributed generation serving a residential property]. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.