80R13268 JJT-F
 
  By: Leibowitz H.B. No. 1415
 
Substitute the following for H.B. No. 1415:
 
  By:  Leibowitz C.S.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.