88R4234 CXP-F
By: LaMantia S.B. No. 2181
A BILL TO BE ENTITLED
AN ACT
relating to advanced metering and meter information networks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.107, Utilities Code, is amended by
amending Subsection (h) and adding Subsections (h-1) and (l) to
read as follows:
(h) Except as provided by Subsection (h-1), the [The]
commission shall establish a nonbypassable surcharge for an
electric utility or transmission and distribution utility to use to
recover reasonable and necessary costs incurred in deploying
advanced metering and meter information networks to residential
customers and nonresidential customers other than those required by
the independent system operator to have an interval data recorder
meter. The commission shall ensure that the nonbypassable
surcharge reflects a deployment of advanced meters that is no more
than one-third of the utility's total meters over each calendar
year and shall ensure that the nonbypassable surcharge does not
result in the utility recovering more than its actual, fully
allocated meter and meter information network costs. The expenses
must be allocated to the customer classes receiving the services,
based on the electric utility's most recently approved tariffs.
(h-1) The surcharge established under Subsection (h) does
not apply to costs incurred in the replacement or upgrading of
advanced metering and meter information networks by an electric
utility or transmission and distribution utility after initial
deployment. An electric utility or transmission and distribution
utility may request recovery of reasonable and necessary costs
incurred in the replacement or upgrading of advanced metering and
meter information networks through a proceeding under Section
36.210 or in another ratemaking proceeding.
(l) The commission by rule shall require the independent
system operator for the ERCOT power region to maintain an Internet
portal that allows a customer of a transmission and distribution
utility receiving service in the ERCOT power region or the
customer's authorized representative to access usage data from the
customer's meter. The commission may not require a transmission and
distribution utility to maintain an Internet portal described by
this subsection.
SECTION 2. Section 39.402(e), Utilities Code, is amended to
read as follows:
(e) Notwithstanding Subsection (a), an electric utility
subject to this subchapter that elects to deploy advanced metering
and meter information networks may recover reasonable and necessary
costs incurred in deploying advanced metering and meter information
networks. An electric utility that elects to deploy advanced
metering or meter information networks is subject to commission
rules adopted under Sections 39.107(h), (h-1), and (k). The
commission shall ensure that any deployment plan approved under
this section and any related customer surcharge:
(1) are not applicable to customer accounts that
receive service at transmission voltage; and
(2) are consistent with commission rules related to
advanced metering systems regarding:
(A) customer protections;
(B) data security, privacy, and ownership; and
(C) options given consumers to continue to
receive service through a non-advanced meter.
SECTION 3. Section 39.452(k), Utilities Code, is amended to
read as follows:
(k) Notwithstanding Subsection (d), an electric utility
subject to this subchapter that elects to deploy advanced metering
and meter information networks may recover reasonable and necessary
costs incurred in deploying advanced metering and meter information
networks. An electric utility that elects to deploy advanced
metering or meter information networks is subject to commission
rules adopted under Sections 39.107(h), (h-1), and (k). The
commission shall ensure that any deployment plan approved under
this section and any related customer surcharge:
(1) are not applicable to customer accounts that
receive service at transmission voltage; and
(2) are consistent with commission rules related to
advanced metering systems regarding:
(A) customer protections;
(B) data security, privacy, and ownership; and
(C) options given consumers to continue to
receive service through a non-advanced meter.
SECTION 4. Section 39.5021(a), Utilities Code, is amended
to read as follows:
(a) Notwithstanding Section 39.502, an electric utility
subject to this subchapter that elects to deploy advanced metering
and meter information networks may recover reasonable and necessary
costs incurred in deploying advanced metering and meter information
networks. An electric utility that elects to deploy advanced
metering or meter information networks is subject to commission
rules adopted under Sections 39.107(h), (h-1), and (k). The
commission shall ensure that any deployment plan approved under
this section and any related customer surcharge:
(1) are not applicable to customer accounts that
receive service at transmission voltage; and
(2) are consistent with commission rules related to
advanced metering systems regarding:
(A) customer protections;
(B) data security, privacy, and ownership; and
(C) options given consumers to continue to
receive service through a non-advanced meter.
SECTION 5. Section 39.5521(a), Utilities Code, is amended
to read as follows:
(a) Notwithstanding Section 39.552, an electric utility
subject to this subchapter that elects to deploy advanced metering
and meter information networks may recover reasonable and necessary
costs incurred in deploying advanced metering and meter information
networks. An electric utility that elects to deploy advanced
metering or meter information networks is subject to commission
rules adopted under Sections 39.107(h), (h-1), and (k). The
commission shall ensure that any deployment plan approved under
this section and any related customer surcharge:
(1) are not applicable to customer accounts that
receive service at transmission voltage; and
(2) are consistent with commission rules related to
advanced metering systems regarding:
(A) customer protections;
(B) data security, privacy, and ownership; and
(C) options given consumers to continue to
receive service through a non-advanced meter.
SECTION 6. 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.