H.B. No. 3390

AN ACT

relating to the provision of information regarding distributed generation and certain electrical loads.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 39.9165, Utilities Code, is amended to read as follows:

Sec. 39.9165. DISTRIBUTED GENERATION FACILITY REPORTING. (a) In this section:

(1) "Distributed generation facility" [, "distributed generation"] is an electrical generating facility, including an energy storage facility, that:

(A) [(1) may be located at a customer's point of delivery;

[(2)] is connected at a voltage less than 60 kilovolts; and

(B) is capable of being [(3) may be] connected in parallel operation to the utility system.

(2) "Transmission service provider" means a transmission and distribution utility, municipally owned utility, or electric cooperative that owns or operates facilities used for the transmission of electricity.

(b) An independent organization certified under Section 39.151 may establish protocols to [shall] require a person who owns or operates a [an owner or operator of] distributed generation facility interconnected to a utility system operating in the power region served by the independent organization, or who seeks to interconnect such a facility, to provide to the interconnecting transmission and distribution utility, municipally owned utility, or electric cooperative information about the distributed generation facility that the independent organization determines is necessary for maintaining system reliability [to register with the organization and interconnecting transmission and distribution utility information necessary for the interconnection of the distributed generator].

(b-1) Protocols adopted under Subsection (b) may require that the information be provided as a condition to interconnecting the distributed generation facility.

(c) An independent organization certified under Section 39.151 may establish protocols to require a transmission service provider operating in the power region served by the independent organization to report to the independent organization, in aggregate by delivery point, information the independent organization determines is necessary for maintaining system reliability regarding distributed generation facilities and distribution-connected loads that:

(1) are not registered with the independent organization; and

(2) are connected to the utility systems served by the transmission service provider.

(d) An independent organization certified under Section 39.151 may establish protocols to require a transmission and distribution utility, municipally owned utility, or electric cooperative that is not required to report load information directly to the independent organization regarding the delivery points interconnected with its facilities to provide information to the utility's or cooperative's transmission service provider for purposes of the report described by Subsection (c).

(e) For a distributed generation facility interconnected before September 1, 2023, any protocols the independent organization certified under Section 39.151 establishes under Subsections (c) and (d) may require a transmission and distribution utility, municipally owned utility, or electric cooperative to:

(1) request information about the distributed generation facility from the owner or operator of the facility; and

(2) in the absence of any timely response to the request for information under Subdivision (1) or if the information reasonably appears to be incorrect, provide to its transmission service provider a good-faith estimate of the information based on field observation or other data using reasonable engineering judgment.

(f) Notwithstanding Subsection (e), the transmission and distribution utility, municipally owned utility, or electric cooperative, in fulfilling any reporting obligation, may rely on any existing record regarding the information required for a distributed generation facility, if the transmission and distribution utility, municipally owned utility, or electric cooperative reasonably believes the information is accurate [This section does not apply to distributed generation serving a residential property].

SECTION 2. Section 39.9165(b-1), Utilities Code, as added by this Act, applies only to a distributed generation facility interconnected on or after September 1, 2023.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 3390 was passed by the House on May 1, 2023, by the following vote: Yeas 142, Nays 0, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 3390 was passed by the Senate on May 15, 2023, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

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Governor