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A BILL TO BE ENTITLED
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AN ACT
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Relating to electricity customer rights to distributed energy |
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storage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.152, Utilities Code, is amended by |
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adding Subsection (e) to read as follows: |
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Sec. 35.152. (a) Electric energy storage equipment or |
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facilities that are intended to be used to sell energy or ancillary |
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services at wholesale are generation assets. |
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(b) The owner or operator of electric energy storage |
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equipment or facilities that are generation assets under Subsection |
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(a) is a power generation company and is required to register under |
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Section 39.351(a). The owner or operator of the equipment or |
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facilities is entitled to: |
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(1) interconnect the equipment or facilities; |
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(2) obtain transmission service for the equipment or |
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facilities; and |
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(3) use the equipment or facilities to sell |
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electricity or ancillary services at wholesale in a manner |
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consistent with the provisions of this title and commission rules |
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applicable to a power generation company or an exempt wholesale |
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generator. |
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(c) Notwithstanding Subsection (a), this section does not |
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affect a determination made by the commission in a final order |
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issued before December 31, 2010. |
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(d) Subsection (b) does not require a municipally owned |
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utility or an electric cooperative that owns or operates electric |
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energy storage equipment or facilities described by Subsection (a) |
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to register as a power generation company under Section 39.351(a). |
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(e) The owner or operator of distributed renewable |
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generation and distributed energy storage equipment or facilities, |
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as defined by Section 39.916, that are installed on the retail |
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electric customer's side of the meter are entitled to use the |
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equipment or facilities to sell electricity or ancillary services |
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at wholesale in manner consistent with the provisions of this |
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title. |
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SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.918 to read as follows: |
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Sec. 39.918. CUSTOMER RIGHT TO DISTRIBUTED ENERGY STORAGE. |
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(a) In this section: |
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(1) "Distributed renewable generation" means electric |
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generation with a capacity of not more than 2,000 kilowatts |
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provided by a renewable energy technology, as defined by Section |
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39.904, that is installed on a retail electric customer's side of |
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the meter. |
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(2) "Distributed energy storage" means electric |
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energy storage with a capacity of not more than 2,000 kilowatts that |
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is installed on a retail electric customer's side of the meter. |
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(3) "Owner" means: |
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(A) an owner of distributed renewable |
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generation; |
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(B) an owner of distributed storage; |
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(C) an owner of distributed renewable generation |
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and distributed storage; or |
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(D) a retail electric customer on whose side of |
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the meter distributed renewable generation and/or distributed |
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energy storage is installed and operated, regardless of whether the |
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customer takes ownership of the distributed renewable generation; |
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or |
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(E) a person who by contract is assigned |
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ownership rights to energy produced from distributed renewable |
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generation and/or distributed storage located at the premises of |
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the customer on the customer's side of the meter. |
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(b) An electric utility shall allow an owner to the use of |
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owner-supplied, UL-certified devices designed to isolate and |
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disconnect household loads on the retail electric customer's side |
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of the meter. |
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SECTION 3. This Act takes effect September 1, 2021. |