H.B. No. 3390
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:
(1) "Distributed generation facility" [, "distributed
generation"] is an electrical generating facility, including an
energy storage facility, that:
(A) [(1) may be located at a customer's point of
delivery;
[(2)] is connected at a voltage less than 60
kilovolts; and
(B) is capable of being [(3) may be] connected
in parallel operation to the utility system.
(2) "Transmission service provider" means a
transmission and distribution utility, municipally owned utility,
or electric cooperative that owns or operates facilities used for
the transmission of electricity.
(b) An independent organization certified under Section
39.151 may establish protocols to [shall] require a person who owns
or operates a [an owner or operator of] distributed generation
facility interconnected to a utility system operating in the power
region served by the independent organization, or who seeks to
interconnect such a facility, to provide to the interconnecting
transmission and distribution utility, municipally owned utility,
or electric cooperative information about the distributed
generation facility that the independent organization determines
is necessary for maintaining system reliability [to register with
the organization and interconnecting transmission and distribution
utility information necessary for the interconnection of the
distributed generator].
(b-1) Protocols adopted under Subsection (b) may require
that the information be provided as a condition to interconnecting
the distributed generation facility.
(c) An independent organization certified under Section
39.151 may establish protocols to require a transmission service
provider operating in the power region served by the independent
organization to report to the independent organization, in
aggregate by delivery point, information the independent
organization determines is necessary for maintaining system
reliability regarding distributed generation facilities and
distribution-connected loads that:
(1) are not registered with the independent
organization; and
(2) are connected to the utility systems served by the
transmission service provider.
(d) An independent organization certified under Section
39.151 may establish protocols to require a transmission and
distribution utility, municipally owned utility, or electric
cooperative that is not required to report load information
directly to the independent organization regarding the delivery
points interconnected with its facilities to provide information to
the utility's or cooperative's transmission service provider for
purposes of the report described by Subsection (c).
(e) For a distributed generation facility interconnected
before September 1, 2023, any protocols the independent
organization certified under Section 39.151 establishes under
Subsections (c) and (d) may require a transmission and distribution
utility, municipally owned utility, or electric cooperative to:
(1) request information about the distributed
generation facility from the owner or operator of the facility; and
(2) in the absence of any timely response to the
request for information under Subdivision (1) or if the information
reasonably appears to be incorrect, provide to its transmission
service provider a good-faith estimate of the information based on
field observation or other data using reasonable engineering
judgment.
(f) Notwithstanding Subsection (e), the transmission and
distribution utility, municipally owned utility, or electric
cooperative, in fulfilling any reporting obligation, may rely on
any existing record regarding the information required for a
distributed generation facility, if the transmission and
distribution utility, municipally owned utility, or electric
cooperative reasonably believes the information is accurate [This
section does not apply to distributed generation serving a
residential property].
SECTION 2. Section 39.9165(b-1), Utilities Code, as added
by this Act, applies only to a distributed generation facility
interconnected on or after September 1, 2023.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3390 was passed by the House on May 1,
2023, by the following vote: Yeas 142, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3390 was passed by the Senate on May
15, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor