80R1667 TAD-D
 
  By: Anchia H.B. No. 269
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to energy efficiency incentive programs administered by
electric utilities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 39.905, Utilities Code, is amended by
amending Subsection (a) and adding Subsections (b-1) and (b-2) to
read as follows:
       (a)  It is the goal of the legislature that:
             (1)  electric utilities will administer energy savings
incentive programs in a market-neutral, nondiscriminatory manner
but will not offer underlying competitive services;
             (2)  all customers, in all customer classes, have a
choice of and access to energy efficiency alternatives and other
choices from the market that allow each customer to reduce energy
consumption, peak demand, or energy costs; and
             (3)  each electric utility will provide, through
market-based standard offer programs or limited, targeted,
market-transformation programs, incentives sufficient for retail
electric providers and competitive energy service providers to
acquire additional cost-effective energy efficiency equivalent to
at least 50 [10] percent of the electric utility's annual growth in
demand.
       (b-1)  The commission by rule shall adopt procedures to allow
an increased rate of return for electric utilities complying with
Subsection (a)(3). The commission shall allow an additional
increased rate of return as an incentive for an electric utility
that exceeds the goal prescribed by Subsection (a)(3). In
establishing the increased rates of return, the commission shall
ensure that the additional revenue received by the electric utility
does not exceed the energy cost savings received by the utility's
customers from the energy efficiency programs.
       (b-2)  The commission by rule shall adopt guidelines and
procedures to ensure that each electric utility is administering
its energy efficiency programs provided under Subsection (a)(3)
with outreach efforts sufficient to ensure that all customers in
the utility's service area have access to the programs.
       SECTION 2.  This Act takes effect September 1, 2007.