Amend SB 483 on third reading by adding the following
SECTIONS, appropriately numbered, and renumbering the subsequent
SECTIONS of the bill accordingly:
SECTION ____. Section 39.904, Utilities Code, is amended by
amending Subsection (m) and adding Subsections (m-1), (m-2), and
(m-3) to read as follows:
(m) A renewable energy credit retired for purposes other
than to meet the requirements of Subsection (c)(1) may not affect
the minimum annual renewable energy requirement under Subsection
(c)(1) for a retail electric provider, municipally owned utility,
or electric cooperative.
(m-1) As provided by this subsection, the commission shall
reduce the requirement under Subsection (c)(1) for a retail
electric provider, municipally owned utility, or electric
cooperative that is subject to a renewable energy requirement under
this section and that serves a customer receiving electric service
at transmission-level voltage if, before any year for which the
commission calculates renewable energy requirements under
Subsection (c)(1), the customer notifies the commission in writing
that the customer chooses not to support the goal for renewable
energy generation under this section for that year. The commission
shall exclude from the calculation of a retail electric provider's,
municipally owned utility's, or electric cooperative's requirement
under Subsection (c)(1) energy sold by the retail electric
provider, municipally owned utility, or electric cooperative at
transmission-level voltage to customers who have submitted the
notice to the commission under this subsection for the applicable
year.
(m-2) The commission shall determine the reporting
requirements and schedule necessary to implement Subsections (m)
and (m-1).
(m-3) Subsections (m), (m-1), and (m-2) do not alter the
renewable energy goals or targets established in Subsection (a) or
reduce the minimum statewide renewable energy requirements of
Subsection (c)(1) [Notwithstanding any other provision of law, the
commission shall ensure that all renewable capacity installed in
this state and all renewable energy credits awarded, produced,
procured, or sold from renewable capacity in this state are counted
toward the goal in Subsection (a)].
SECTION ____. (a) The Public Utility Commission of Texas
shall conduct a study of the effect that Section 39.904, Utilities
Code, has had on:
(1) market power in this state; and
(2) the rates paid for electricity by residential
customers in this state.
(b) Not later than January 1, 2009, the Public Utility
Commission of Texas shall prepare and present to the governor,
lieutenant governor, and speaker of the house of representatives a
report describing the results of the study that specifies any
changes in market power and any costs to or savings for residential
customers because of the implementation of Section 39.904,
Utilities Code.