Texas 2023 - 88th Regular

Texas Senate Bill SB2181 Compare Versions

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Version 2 (New)

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1	1	88R4234 CXP-F
2	2	By: LaMantia S.B. No. 2181
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to advanced metering and meter information networks.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 39.107, Utilities Code, is amended by
10	10	amending Subsection (h) and adding Subsections (h-1) and (l) to
11	11	read as follows:
12	12	(h) Except as provided by Subsection (h-1), the [The]
13	13	commission shall establish a nonbypassable surcharge for an
14	14	electric utility or transmission and distribution utility to use to
15	15	recover reasonable and necessary costs incurred in deploying
16	16	advanced metering and meter information networks to residential
17	17	customers and nonresidential customers other than those required by
18	18	the independent system operator to have an interval data recorder
19	19	meter. The commission shall ensure that the nonbypassable
20	20	surcharge reflects a deployment of advanced meters that is no more
21	21	than one-third of the utility's total meters over each calendar
22	22	year and shall ensure that the nonbypassable surcharge does not
23	23	result in the utility recovering more than its actual, fully
24	24	allocated meter and meter information network costs. The expenses
25	25	must be allocated to the customer classes receiving the services,
26	26	based on the electric utility's most recently approved tariffs.
27	27	(h-1) The surcharge established under Subsection (h) does
28	28	not apply to costs incurred in the replacement or upgrading of
29	29	advanced metering and meter information networks by an electric
30	30	utility or transmission and distribution utility after initial
31	31	deployment. An electric utility or transmission and distribution
32	32	utility may request recovery of reasonable and necessary costs
33	33	incurred in the replacement or upgrading of advanced metering and
34	34	meter information networks through a proceeding under Section
35	35	36.210 or in another ratemaking proceeding.
36	36	(l) The commission by rule shall require the independent
37	37	system operator for the ERCOT power region to maintain an Internet
38	38	portal that allows a customer of a transmission and distribution
39	39	utility receiving service in the ERCOT power region or the
40	40	customer's authorized representative to access usage data from the
41	41	customer's meter. The commission may not require a transmission and
42	42	distribution utility to maintain an Internet portal described by
43	43	this subsection.
44	44	SECTION 2. Section 39.402(e), Utilities Code, is amended to
45	45	read as follows:
46	46	(e) Notwithstanding Subsection (a), an electric utility
47	47	subject to this subchapter that elects to deploy advanced metering
48	48	and meter information networks may recover reasonable and necessary
49	49	costs incurred in deploying advanced metering and meter information
50	50	networks. An electric utility that elects to deploy advanced
51	51	metering or meter information networks is subject to commission
52	52	rules adopted under Sections 39.107(h), (h-1), and (k). The
53	53	commission shall ensure that any deployment plan approved under
54	54	this section and any related customer surcharge:
55	55	(1) are not applicable to customer accounts that
56	56	receive service at transmission voltage; and
57	57	(2) are consistent with commission rules related to
58	58	advanced metering systems regarding:
59	59	(A) customer protections;
60	60	(B) data security, privacy, and ownership; and
61	61	(C) options given consumers to continue to
62	62	receive service through a non-advanced meter.
63	63	SECTION 3. Section 39.452(k), Utilities Code, is amended to
64	64	read as follows:
65	65	(k) Notwithstanding Subsection (d), an electric utility
66	66	subject to this subchapter that elects to deploy advanced metering
67	67	and meter information networks may recover reasonable and necessary
68	68	costs incurred in deploying advanced metering and meter information
69	69	networks. An electric utility that elects to deploy advanced
70	70	metering or meter information networks is subject to commission
71	71	rules adopted under Sections 39.107(h), (h-1), and (k). The
72	72	commission shall ensure that any deployment plan approved under
73	73	this section and any related customer surcharge:
74	74	(1) are not applicable to customer accounts that
75	75	receive service at transmission voltage; and
76	76	(2) are consistent with commission rules related to
77	77	advanced metering systems regarding:
78	78	(A) customer protections;
79	79	(B) data security, privacy, and ownership; and
80	80	(C) options given consumers to continue to
81	81	receive service through a non-advanced meter.
82	82	SECTION 4. Section 39.5021(a), Utilities Code, is amended
83	83	to read as follows:
84	84	(a) Notwithstanding Section 39.502, an electric utility
85	85	subject to this subchapter that elects to deploy advanced metering
86	86	and meter information networks may recover reasonable and necessary
87	87	costs incurred in deploying advanced metering and meter information
88	88	networks. An electric utility that elects to deploy advanced
89	89	metering or meter information networks is subject to commission
90	90	rules adopted under Sections 39.107(h), (h-1), and (k). The
91	91	commission shall ensure that any deployment plan approved under
92	92	this section and any related customer surcharge:
93	93	(1) are not applicable to customer accounts that
94	94	receive service at transmission voltage; and
95	95	(2) are consistent with commission rules related to
96	96	advanced metering systems regarding:
97	97	(A) customer protections;
98	98	(B) data security, privacy, and ownership; and
99	99	(C) options given consumers to continue to
100	100	receive service through a non-advanced meter.
101	101	SECTION 5. Section 39.5521(a), Utilities Code, is amended
102	102	to read as follows:
103	103	(a) Notwithstanding Section 39.552, an electric utility
104	104	subject to this subchapter that elects to deploy advanced metering
105	105	and meter information networks may recover reasonable and necessary
106	106	costs incurred in deploying advanced metering and meter information
107	107	networks. An electric utility that elects to deploy advanced
108	108	metering or meter information networks is subject to commission
109	109	rules adopted under Sections 39.107(h), (h-1), and (k). The
110	110	commission shall ensure that any deployment plan approved under
111	111	this section and any related customer surcharge:
112	112	(1) are not applicable to customer accounts that
113	113	receive service at transmission voltage; and
114	114	(2) are consistent with commission rules related to
115	115	advanced metering systems regarding:
116	116	(A) customer protections;
117	117	(B) data security, privacy, and ownership; and
118	118	(C) options given consumers to continue to
119	119	receive service through a non-advanced meter.
120	120	SECTION 6. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2023.