By: Crownover H.B. No. 4309
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating a requirement for electric utilities to seek grants or
  loans related to the deployment of advanced meters and transmission
  for renewable energy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.107(h), Utilities Code, is amended to
  read as follows:
         (h)  The commission shall establish a nonbypassable
  surcharge for an electric utility or transmission and distribution
  utility to use to recover reasonable and necessary costs incurred
  in deploying advanced metering and meter information networks to
  residential customers and nonresidential customers other than
  those required by the independent system operator to have an
  interval data recorder meter.  The commission shall ensure that the
  nonbypassable surcharge reflects a deployment of advanced meters
  that is no more than one-third of the utility's total meters over
  each calendar year and shall ensure that the nonbypassable
  surcharge does not result in the utility recovering more than its
  actual, fully allocated meter and meter information network costs.  
  The expenses must be allocated to the customer classes receiving
  the services, based on the electric utility's most recently
  approved tariffs.  An electric utility or transmission and
  distribution utility that deploys advanced meter and meter
  information networks shall seek to obtain and utilize funds,
  including grants, loans, and loan guarantees, made available by the
  federal government if such funds would lower the overall cost of
  deployment.  The commission shall reflect the funds obtained by the
  electric utility or transmission and distribution utility when
  establishing the surcharge required by this subsection, including
  timely ordering reductions to surcharges approved prior to the
  receipt of the funds.
         SECTION 2.  Section 39.904, Utilities Code, is amended by
  adding Subsection (h-1) to read as follows:
         (h-1)  An electric utility, transmission and distribution
  utility, or river authority that has been designated by the
  commission to construct transmission capacity pursuant to
  Subsection (g) shall seek to obtain and utilize funds, including
  grants, loans, and loan guarantees, made available by the federal
  government if such funds would lower the overall cost of
  construction.  The commission shall reflect the funds obtained by
  the electric utility, transmission and distribution utility, or
  river authority when establishing or modifying the rates of the
  electric utility or transmission and distribution utility,
  including timely ordering reductions to rates approved prior to the
  receipt of the funds.
         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.