80R13268 JJT-F
 
  By: Leibowitz, Strama, Anchia, Coleman H.B. No. 1415
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to crediting public schools for the value of electricity
  generated by solar panels on public school building rooftops.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.002, Utilities Code, is amended to
  read as follows:
         Sec. 39.002.  APPLICABILITY. This chapter, other than
  Sections 39.155, 39.157(e), 39.203, 39.903, [and] 39.904, and
  39.911, does not apply to a municipally owned utility or an electric
  cooperative. Sections 39.157(e), 39.203, and 39.904, however,
  apply only to a municipally owned utility or an electric
  cooperative that is offering customer choice. If there is a
  conflict between the specific provisions of this chapter and any
  other provisions of this title, except for Chapters 40 and 41, the
  provisions of this chapter control.
         SECTION 2.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.911 to read as follows:
         Sec. 39.911.  CREDIT FOR SURPLUS SOLAR GENERATION BY PUBLIC
  SCHOOLS.  (a)  An electric utility, retail electric provider,
  municipally owned utility, or electric cooperative shall provide
  for net metering and contract with an independent school district
  so that:
               (1)  surplus electricity produced by a school
  building's solar electric generation panels is made available for
  sale to the electric transmission grid and distribution system; and
               (2)  the net value of that surplus electricity is
  credited to the district.
         (b)  For areas of this state in which customer choice has not
  been introduced, the commission by rule shall require that credits
  for electricity produced by a school building's solar electric
  generation panels reflect the value of the electricity that is made
  available for sale to the electric utility in accordance with
  federal regulations.
         (c)  For independent school districts in areas in which
  customer choice has been introduced, the district must sell the
  school buildings' surplus electricity produced to the retail
  electric provider, municipally owned utility, or electric
  cooperative that serves the school district's load at a value
  agreed to between the district and the provider that serves the
  district's load. The agreed value may be based on the clearing
  price of energy at the time of day that the electricity is made
  available to the grid. The independent organization identified in
  Section 39.151 shall develop procedures so that the amount of
  electricity purchased from a district under this section is
  accounted for in settling the total load served by the provider that
  serves the district's load. A district requesting net metering
  services for purposes of this section must have metering devices
  capable of providing measurements consistent with the independent
  organization's settlement requirements.
         (d)  A transmission and distribution utility shall make
  available to an independent school district for purposes of this
  section metering required for services provided under this section,
  including separate meters that measure the load and generator
  output or a single meter capable of measuring separately in-flow
  and out-flow at the point of common coupling meter point. The
  district must pay the differential cost of the metering unless the
  meters are provided at no additional cost. Except as provided by
  this section, Section 39.107 applies to metering under this
  section.
         SECTION 3.  This Act takes effect September 1, 2007.