Texas 2023 - 88th Regular

Texas House Bill HB3390 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3390
2	2
3	3
4	4	AN ACT
5	5	relating to the provision of information regarding distributed
6	6	generation and certain electrical loads.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 39.9165, Utilities Code, is amended to
9	9	read as follows:
10	10	Sec. 39.9165. DISTRIBUTED GENERATION FACILITY REPORTING.
11	11	(a) In this section:
12	12	(1) "Distributed generation facility" [, "distributed
13	13	generation"] is an electrical generating facility, including an
14	14	energy storage facility, that:
15	15	(A) [(1) may be located at a customer's point of
16	16	delivery;
17	17	[(2)] is connected at a voltage less than 60
18	18	kilovolts; and
19	19	(B) is capable of being [(3) may be] connected
20	20	in parallel operation to the utility system.
21	21	(2) "Transmission service provider" means a
22	22	transmission and distribution utility, municipally owned utility,
23	23	or electric cooperative that owns or operates facilities used for
24	24	the transmission of electricity.
25	25	(b) An independent organization certified under Section
26	26	39.151 may establish protocols to [shall] require a person who owns
27	27	or operates a [an owner or operator of] distributed generation
28	28	facility interconnected to a utility system operating in the power
29	29	region served by the independent organization, or who seeks to
30	30	interconnect such a facility, to provide to the interconnecting
31	31	transmission and distribution utility, municipally owned utility,
32	32	or electric cooperative information about the distributed
33	33	generation facility that the independent organization determines
34	34	is necessary for maintaining system reliability [to register with
35	35	the organization and interconnecting transmission and distribution
36	36	utility information necessary for the interconnection of the
37	37	distributed generator].
38	38	(b-1) Protocols adopted under Subsection (b) may require
39	39	that the information be provided as a condition to interconnecting
40	40	the distributed generation facility.
41	41	(c) An independent organization certified under Section
42	42	39.151 may establish protocols to require a transmission service
43	43	provider operating in the power region served by the independent
44	44	organization to report to the independent organization, in
45	45	aggregate by delivery point, information the independent
46	46	organization determines is necessary for maintaining system
47	47	reliability regarding distributed generation facilities and
48	48	distribution-connected loads that:
49	49	(1) are not registered with the independent
50	50	organization; and
51	51	(2) are connected to the utility systems served by the
52	52	transmission service provider.
53	53	(d) An independent organization certified under Section
54	54	39.151 may establish protocols to require a transmission and
55	55	distribution utility, municipally owned utility, or electric
56	56	cooperative that is not required to report load information
57	57	directly to the independent organization regarding the delivery
58	58	points interconnected with its facilities to provide information to
59	59	the utility's or cooperative's transmission service provider for
60	60	purposes of the report described by Subsection (c).
61	61	(e) For a distributed generation facility interconnected
62	62	before September 1, 2023, any protocols the independent
63	63	organization certified under Section 39.151 establishes under
64	64	Subsections (c) and (d) may require a transmission and distribution
65	65	utility, municipally owned utility, or electric cooperative to:
66	66	(1) request information about the distributed
67	67	generation facility from the owner or operator of the facility; and
68	68	(2) in the absence of any timely response to the
69	69	request for information under Subdivision (1) or if the information
70	70	reasonably appears to be incorrect, provide to its transmission
71	71	service provider a good-faith estimate of the information based on
72	72	field observation or other data using reasonable engineering
73	73	judgment.
74	74	(f) Notwithstanding Subsection (e), the transmission and
75	75	distribution utility, municipally owned utility, or electric
76	76	cooperative, in fulfilling any reporting obligation, may rely on
77	77	any existing record regarding the information required for a
78	78	distributed generation facility, if the transmission and
79	79	distribution utility, municipally owned utility, or electric
80	80	cooperative reasonably believes the information is accurate [This
81	81	section does not apply to distributed generation serving a
82	82	residential property].
83	83	SECTION 2. Section 39.9165(b-1), Utilities Code, as added
84	84	by this Act, applies only to a distributed generation facility
85	85	interconnected on or after September 1, 2023.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2023.
91	91	______________________________ ______________________________
92	92	President of the Senate Speaker of the House
93	93	I certify that H.B. No. 3390 was passed by the House on May 1,
94	94	2023, by the following vote: Yeas 142, Nays 0, 2 present, not
95	95	voting.
96	96	______________________________
97	97	Chief Clerk of the House
98	98	I certify that H.B. No. 3390 was passed by the Senate on May
99	99	15, 2023, by the following vote: Yeas 31, Nays 0.
100	100	______________________________
101	101	Secretary of the Senate
102	102	APPROVED: _____________________
103	103	Date
104	104	_____________________
105	105	Governor