Texas 2025 - 89th Regular

Texas House Bill HB3904 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10166 JXC-D
2	2	By: Dorazio H.B. No. 3904
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to billing and payments associated with distributed
10	10	renewable generation.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 39.002, Utilities Code, is amended to
13	13	read as follows:
14	14	Sec. 39.002. APPLICABILITY. This chapter, other than
15	15	Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162,
16	16	39.163, 39.203, 39.9051, 39.9052, 39.9113, [and] 39.914(e), and
17	17	39.9161, and Subchapters M and N, does not apply to a municipally
18	18	owned utility or an electric cooperative. Sections 39.157(e) and
19	19	39.203 apply only to a municipally owned utility or an electric
20	20	cooperative that is offering customer choice. If there is a
21	21	conflict between the specific provisions of this chapter and any
22	22	other provisions of this title, except for Chapters 40 and 41, the
23	23	provisions of this chapter control.
24	24	SECTION 2. Section 39.9113, Utilities Code, is amended to
25	25	read as follows:
26	26	Sec. 39.9113. RENEWABLE ENERGY CREDITS. (a) To facilitate
27	27	voluntary contractual obligations and verify claims regarding
28	28	environmental attributes of renewable energy production in this
29	29	state, the independent organization certified under Section 39.151
30	30	for the ERCOT power region shall maintain an accreditation and
31	31	banking system to award and track voluntary renewable energy
32	32	credits generated by eligible facilities.
33	33	(b) An electric cooperative, municipally owned utility, or
34	34	retail electric provider may not assume ownership or assignment of
35	35	or sell a voluntary renewable energy credit generated by
36	36	distributed renewable generation, as defined by Section 39.916, or
37	37	require a distributed renewable generation owner, as defined by
38	38	Section 39.916, to install a meter to monitor the generation of
39	39	credits unless the cooperative, utility, or provider has entered
40	40	into a written agreement with the owner for the transfer,
41	41	assignment, or sale of voluntary renewable energy credits and has
42	42	paid reasonable monetary consideration to the owner.
43	43	(c) An electric cooperative, municipally owned utility, or
44	44	retail electric provider shall pay the cost of installing any meter
45	45	used exclusively for a transaction described by Subsection (b).
46	46	The electric cooperative, municipally owned utility, or retail
47	47	electric provider shall include with each periodic retail bill
48	48	provided to the distributed renewable generation owner all
49	49	generation data measured by the meter described in Subsection (b).
50	50	SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is
51	51	amended by adding Section 39.9161 to read as follows:
52	52	Sec. 39.9161. DISTRIBUTED SOLAR GENERATION. (a) In this
53	53	section, "solar generation owner" means a distributed renewable
54	54	generation owner, as defined by Section 39.916, of generation that
55	55	produces electricity using photovoltaic technology.
56	56	(b) Notwithstanding any other provision of this code, an
57	57	electric cooperative, electric utility, municipally owned utility,
58	58	or retail electric provider may not discriminate against a solar
59	59	generation owner in any monetary form through billing practices or
60	60	policies compared to other ratepayers.
61	61	(c) Notwithstanding Sections 39.554 and 39.916, an electric
62	62	cooperative, electric utility, municipally owned utility, or
63	63	retail electric provider shall offer to contract with a solar
64	64	generation owner so that:
65	65	(1) surplus electricity produced by the solar
66	66	generation is made available for sale to the transmission grid and
67	67	distribution system;
68	68	(2) the net retail value of that surplus electricity
69	69	is credited to the solar generation owner during the billing period
70	70	in which the electricity is produced to reduce the owner's retail
71	71	bill for services, other than charges for fixed delivery or
72	72	availability;
73	73	(3) any taxes or fees associated with the surplus
74	74	electricity are not charged to the owner as if the electricity was
75	75	consumed by the owner; and
76	76	(4) the value of any surplus electricity that exceeds
77	77	the amount authorized to be credited under Subdivision (2), if not
78	78	purchased at retail value, is purchased from the owner at a value
79	79	that is at least equal to the clearing price of energy at the time of
80	80	day that the electricity is made available to the grid.
81	81	(d) An electric cooperative, electric utility, municipally
82	82	owned utility, or retail electric provider shall pay to a solar
83	83	generation owner at least annually the accumulated value of surplus
84	84	electricity described by Subsection (c)(4) owed to the owner.
85	85	(e) The governing body of a municipally owned utility shall
86	86	adopt, implement, and enforce rules to comply with the requirements
87	87	of this section. An electric cooperative shall adopt, implement,
88	88	and enforce rules to comply with the requirements of this section.
89	89	SECTION 4. The changes in law made by this Act apply only to
90	90	a contract entered into on or after the effective date of this Act.
91	91	A contract entered into before the effective date of this Act is
92	92	governed by the law as it existed immediately before the effective
93	93	date of this Act, and that law is continued in effect for that
94	94	purpose.
95	95	SECTION 5. This Act takes effect September 1, 2025.