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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation for surplus electricity generated by |
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distributed renewable generation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.916(j), Utilities Code, is amended to |
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read as follows: |
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(j) A [For] distributed renewable generation owner located |
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in an area [owners in areas] in which customer choice has been |
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introduced may [, the distributed renewable generation owner must] |
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sell the owner's surplus electricity produced to any [the] retail |
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electric provider that serves the same competitive region |
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[distributed renewable generation owner's load] at a value agreed |
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to between the distributed renewable generation owner and the |
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retail electric provider [that serves the owner's load which may
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include, but is not limited to, an agreed value based on the
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clearing price of energy at the time of day that the electricity is
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made available to the grid] or in exchange for [it may be] a credit |
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that is applied to the distributed renewable generation owner's |
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customer [an] account during a billing period and that may be |
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carried over to subsequent billing periods until the credit has |
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been redeemed. The independent organization identified in Section |
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39.151 shall develop procedures so that the amount of electricity |
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purchased from a distributed renewable generation owner under this |
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section is accounted for in settling the total load served by the |
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provider that serves that owner's load [by January 1, 2009]. A |
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distributed renewable generation owner requesting [net] metering |
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services for purposes of this section must have metering devices |
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capable of providing measurements consistent with the independent |
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organization's settlement requirements. |
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SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.917 to read as follows: |
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Sec. 39.917. EVALUATION OF COMPENSATION FOR DISTRIBUTED |
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GENERATION; ACTION ON TARIFFS. (a) The commission biennially shall |
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investigate whether distributed generation owners and distributed |
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renewable generation owners, as defined by Section 39.916, are |
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receiving fair compensation for the benefits provided to |
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transmission and distribution systems by distributed generation. |
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Not later than December 31 of each even-numbered year, the |
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commission shall report its findings and evaluation of the |
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compensation to the speaker of the house of representatives, the |
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lieutenant governor, and each committee of the house of |
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representatives and senate with primary jurisdiction over electric |
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utilities or the commission. |
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(b) If the commission finds after conducting an |
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investigation under Subsection (a) that distributed generation |
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owners or distributed renewable generation owners are not receiving |
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fair compensation under the terms of the delivery rate tariffs in |
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effect during that period, the commission shall take actions |
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necessary to ensure that the relevant tariffs are amended to |
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provide for adherence to cost-causation rate-making principles in a |
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manner that considers at least transmission and distribution |
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investment deferrals and reductions in congestion costs. |
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SECTION 3. This Act takes effect September 1, 2013. |