| 1 | 1 | | By: Schwertner S.B. No. 1252 |
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| 2 | 2 | | (King) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of a municipality to regulate the |
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| 10 | 10 | | installation or inspection of a residential energy backup system. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 214.211, Local Government Code, is |
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| 13 | 13 | | amended by adding Subdivision (6) to read as follows: |
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| 14 | 14 | | (6) "Residential energy backup system" means a backup |
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| 15 | 15 | | energy system installed at a residential property that is capable |
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| 16 | 16 | | of providing no more than 50 kilowatts of electricity to the |
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| 17 | 17 | | residence or has a storage capacity of no more than 100 kilowatt |
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| 18 | 18 | | hours. |
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| 19 | 19 | | SECTION 2. Section 214.214, Local Government Code, is |
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| 20 | 20 | | amended by adding Subsections (d) and (e) to read as follows: |
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| 21 | 21 | | (d) A municipality may not adopt or enforce an amendment to |
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| 22 | 22 | | the National Electrical Code that would regulate the installation |
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| 23 | 23 | | or inspection of a residential energy backup system. |
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| 24 | 24 | | (e) Subsection (d) does not limit the authority of a |
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| 25 | 25 | | municipally owned utility, as defined by Section 11.003, Utilities |
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| 26 | 26 | | Code, to regulate the installation or inspection of a residential |
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| 27 | 27 | | energy backup system within the utility's service area. |
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| 28 | 28 | | SECTION 3. The heading to Subchapter C, Chapter 229, Local |
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| 29 | 29 | | Government Code, is amended to read as follows: |
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| 30 | 30 | | SUBCHAPTER C. REGULATION OF SOLAR ENERGY AND BACKUP ENERGY DEVICES |
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| 31 | 31 | | SECTION 4. Subchapter C, Chapter 229, Local Government |
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| 32 | 32 | | Code, is amended by adding Section 229.102 to read as follows: |
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| 33 | 33 | | Sec. 229.102. REGULATION OF RESIDENTIAL ENERGY BACKUP |
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| 34 | 34 | | SYSTEMS. (a) In this section, "residential energy backup system" |
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| 35 | 35 | | means a backup energy system installed at a residential property |
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| 36 | 36 | | that is capable of providing no more than 50 kilowatts of |
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| 37 | 37 | | electricity to the residence or has a storage capacity of no more |
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| 38 | 38 | | than 100 kilowatt hours. |
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| 39 | 39 | | (b) A municipality may not adopt or enforce an ordinance, |
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| 40 | 40 | | rule, or other measure that would regulate the installation or |
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| 41 | 41 | | inspection of a residential energy backup system. |
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| 42 | 42 | | (c) This section does not limit the authority of a |
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| 43 | 43 | | municipally owned utility, as defined by Section 11.003, Utilities |
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| 44 | 44 | | Code, to regulate the installation or inspection of a residential |
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| 45 | 45 | | energy backup system within the utility's service area. |
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| 46 | 46 | | SECTION 5. The changes in law made by this Act apply only to |
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| 47 | 47 | | the installation or inspection of a residential energy backup |
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| 48 | 48 | | system initiated on or after the effective date of this Act. |
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| 49 | 49 | | SECTION 6. This Act takes effect September 1, 2025. |
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