By: Swinford H.B. No. 4239
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a solar and distributed renewable
  generation incentive program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.917 to read as follows:
         Sec. 39.917.  SOLAR GENERATION INCENTIVE PROGRAM. (a)  It is
  the goal of the legislature that electric utilities administer
  incentive programs for residential, commercial, and industrial
  customers to increase the amount of solar generation capacity
  installed in this state in a cost-effective, market-neutral, and
  nondiscriminatory manner, with a goal of installing at least 3,000
  megawatts of solar generation capacity in this state by 2020, at
  least 1,000 of which must be distributed renewable generation as
  defined by Section 39.916.
         (b)  The commission by rule shall:
               (1)  establish a solar generation incentive program, to
  be implemented by electric utilities, municipally owned electric
  utilities, and electric cooperatives;
               (2)  oversee the implementation of the program required
  by Subdivision (1); and
               (3)  establish procedures to achieve the goal
  established by Subsection (a).
         (c)  The rules adopted under Subsection (b) must include
  provisions for:
               (1)  a solar generation capacity cost recovery factor
  to ensure timely and reasonable cost recovery for electric utility
  expenditures under this section;
               (2)  recovery of the cost of electric utility programs
  through nonbypassable fees of not less than $0.000636 per kilowatt
  hour for residential, commercial, and industrial customers;
               (3)  awarding incentive rebates in the first year of
  the program of not less than:
                     (A)  $2.40 per watt for residential installation;
                     (B)  $1.50 per watt for commercial installation;
  and
                     (C)  $1.10 per watt for industrial installation;
               (4)  reducing the rebate amounts by not less than seven
  percent annually;
               (5)  eliminating the incentive provided by electric
  utilities under this subsection on the date the goals established
  by Subsection (a) are achieved; and
               (6)  allowing a utility to collect up to five percent of
  the awarded incentives for administrative costs.
         (d)  Electric utilities may not provide incentives under
  this section for solar generation that is installed after the 10th
  anniversary of the date on which the commission by rule establishes
  the program required by this section.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, but not later than January 1, 2010, the Public Utility
  Commission of Texas shall adopt rules establishing the solar
  generation incentive program required by Section 39.917, Utilities
  Code, as added by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.