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A BILL TO BE ENTITLED
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AN ACT
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relating to net metering for retail electric service customers and |
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compensation for excess electricity generated by certain renewable |
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energy technology generators. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.923 to read as follows: |
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Sec. 39.923. NET METERING AND FAIR MARKET COMPENSATION OF |
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ON-SITE ENERGY PRODUCTION FOR RETAIL CUSTOMERS. (a) In this |
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section: |
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(1) "Net metering service" means electric service for |
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which a retail electric provider's customer is: |
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(A) billed according to the difference between |
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the amount of electricity provided by the retail electric provider |
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to the customer during a billing period and the amount of |
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electricity delivered from the customer's side of the meter using |
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renewable energy technology; and |
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(B) credited over an annualized period for the |
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amount of electricity delivered from the customer's side of the |
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meter using renewable energy technology when that amount is greater |
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than the amount the retail electric provider delivers to the |
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customer. |
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(2) "Renewable energy technology" has the meaning |
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assigned by Section 39.904(d). |
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(b) Notwithstanding any other law, the commission by rule |
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shall require an electric utility, retail electric provider, |
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electric cooperative, or municipally owned utility to offer net |
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metering service to all retail customers of the utility, provider, |
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or cooperative who have an eligible on-site generating facility |
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that generates electricity using renewable energy technology. In |
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developing rules under this subsection, the commission shall |
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consider model net metering rules published by the Interstate |
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Renewable Energy Council and similar model rules. |
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(c) Rules adopted under Subsection (b) must provide: |
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(1) that a retail customer is entitled to compensation |
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at fair market value for metered electricity produced by the |
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customer's eligible on-site renewable energy technology generating |
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facility and delivered to the electric transmission grid; |
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(2) that, to the extent a retail customer earns a |
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credit for the value of the customer's electricity delivered to the |
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electric transmission grid, the electric utility, retail electric |
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provider, electric cooperative, or municipally owned utility must |
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pay the customer the excess value or allow the credit to offset |
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later charges that accrue; and |
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(3) for a retail customer to receive payment for |
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excess energy credits from the utility, provider, or cooperative if |
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the customer terminates service. |
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(d) The commission by rule may establish standards an |
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on-site renewable energy technology generating facility must meet |
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to be eligible for compensation under Subsection (b), including |
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standards for generating facility equipment and for |
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interconnection. The standards must be designed so that |
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small-scale renewable energy technology generating facilities |
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located at residential and business addresses are eligible for the |
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compensation. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |