Amend CSSB 545 (Senate committee printing) as follows:                       
	(1)  In Section 1 of the bill, strike proposed Subdivision 
(5), Subsection (c), Section 39.9155, Utilities Code (page 1, lines 
51-56), and substitute:
		(5)  a requirement that:                                               
			(A)  a retail electric provider offer service to a 
retail electric service customer who has installed distributed 
solar generation; and
			(B)  a retail electric provider that provides 
service to a retail electric service customer who has installed 
distributed solar generation:
				(i)  purchase the customer's surplus 
electricity at a price equal to or greater than a fair market price 
determined in accordance with this section; or
				(ii)  credit the customer's bill for the 
billing cycling in which the customer's surplus electricity is 
generated at a price equal to or greater than the equivalent of a 
fair market price determined in accordance with this section and 
allow any unused credit on the customer's bill to be carried forward 
to subsequent billing cycles for the customer;
	(2)  In Section 1 of the bill, following proposed Subsection 
(k), Section 39.9155, Utilities Code (page 3, between lines 19 and 
20), insert:
	(l)  The commission by rule shall provide a methodology for 
determining a fair market value price for surplus electricity.  The 
fair market value may not be less than an amount equal to 80 percent 
of the customer's applicable retail rate minus any nonbypassable 
charges.  The commission shall post on the commission's Internet 
website the fair market value prices derived from the methodology 
provided under this subsection.
	(m)  In an area in which customer choice has been introduced, 
a retail electric provider shall pay an owner of distributed solar 
generation for surplus electricity the local market clearing price 
for energy at the time of day the surplus electricity is made 
available to the grid or a price that is not less than the fair 
market value price determined in accordance with the methodology 
provided under Subsection (l).
	(n)  An owner of distributed solar generation is qualified to 
be paid for surplus electricity under Subsection (m) only if the 
owner's distributed solar generation:
		(1)  is installed on a residential retail electric 
customer's side of the meter;
		(2)  has a generating capacity of not greater than 50 
kilowatts; and 
		(3)  is rated to produce an amount of electricity less 
than or equal to the amount of electricity the residential retail 
electric customer for whom the distributed solar generation is 
installed is reasonably expected to consume.
	(o)  The commission by rule shall require a retail electric 
provider that purchases a customer's surplus electricity to include 
on each bill of the customer line items to inform the owner of:
		(1)  the amount of surplus electricity, in terms of 
kilowatt hours;  
		(2)  the price credited to the owner for each kilowatt 
hour; and     
		(3)  the amount of any credit for surplus electricity 
applied or carried forward from the previous billing period.
	(p)  Until the commission provides the methodology under 
Subsection (l) for determining a fair market value price, a retail 
electric provider shall pay a price for surplus electricity that is 
not less than five cents per kilowatt hour.
	(q)  If, at the time distributed solar generation is 
installed on a retail electric customer's side of the meter, the 
estimated annual amount of electric energy to be generated by the 
distributed solar generation is less than or equal to the 
customer's estimated annual electric energy consumption, the 
commission may not consider the owner of distributed solar 
generation to be a power generation company or require the owner of 
distributed solar generation owner to register as a power 
generation company.
	(r)  In this section:                                                   
		(1)  "Distributed solar generation" means distributed 
renewable generation, as defined by Section 39.916, using solar 
energy technology.
		(2)  "Owner of distributed solar generation" includes a 
retail electric customer who contracts with another person to 
install or maintain distributed solar generation on the customer's 
side of the meter, regardless of whether the customer takes 
ownership of the installed distributed solar generation.
		(3)  "Surplus electricity" means electricity generated 
by distributed solar generation that is not consumed at the place 
the distributed solar generation is installed but flows onto the 
electric distribution system.