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A BILL TO BE ENTITLED
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AN ACT
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relating to incentives for Texas renewable energy jobs and  | 
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manufacturing. | 
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
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       SECTION 1.  PURPOSE.  The purpose of this Act is to continue  | 
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promoting clean, renewable energy in Texas in a manner that creates  | 
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manufacturing jobs and bolsters the Texas economy. | 
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       SECTION 2.  Section 39.904, Utilities Code, is amended by  | 
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amending Subsections (a), (b), (m-3), and (o), and adding  | 
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Subsection (c-1) to read as follows: | 
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       Sec. 39.904.  GOAL FOR RENEWABLE ENERGY.  (a)  It is the  | 
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intent of the legislature that by January 1, 2015, an additional  | 
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5,000 megawatts of generating capacity from renewable energy  | 
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technologies will have been installed in this state.  The  | 
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cumulative installed renewable capacity in this state shall total  | 
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5,880 megawatts by January 1, 2015, and [the commission shall 
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establish a target of] 10,000 megawatts [of installed renewable 
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capacity] by January 1, 2025.  The cumulative installed renewable  | 
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capacity in this state shall total 2,280 megawatts by January 1,  | 
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2007, 3,272 megawatts by January 1, 2009, 4,264 megawatts by  | 
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January 1, 2011, 5,256 megawatts by January 1, 2013, and 5,880  | 
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megawatts by January 1, 2015.  Of the renewable energy technology  | 
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generating capacity installed to meet the goal of this subsection,  | 
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the cumulative installed [after September 1, 2005 the commission 
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shall establish a target of having at least 500 megawatts of]  | 
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capacity in this state from a renewable energy technology other  | 
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than a source using wind energy shall total 3,000 megawatts by  | 
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January 1, 2020. | 
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       (b)  The commission shall establish [a] renewable energy  | 
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credits trading programs to meet the goals provided by Subsection  | 
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(a).  [program.]  Any retail electric provider, municipally owned  | 
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utility, or electric cooperative that does not satisfy the  | 
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requirements of Subsection (a) by directly owning or purchasing  | 
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capacity using renewable energy technologies shall purchase  | 
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sufficient renewable energy credits to satisfy the requirements by  | 
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holding renewable energy credits in lieu of capacity from renewable  | 
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energy technologies. | 
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       (c-1)  Not later than January 1, 2011, the commission shall  | 
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adopt rules necessary to provide a "Made in Texas" incentive for  | 
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renewable energy credits generated by generation equipment that is  | 
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wholly produced or substantially transformed by a Texas workforce,  | 
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as determined by the commission.  The incentive under this  | 
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subsection shall be available for the first three years after the  | 
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renewable energy equipment first produces electricity on a  | 
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commercial basis. | 
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       (m-3)  Subsections (m), (m-1), and (m-2) do not alter the  | 
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renewable energy goals [or targets] established in Subsection (a)  | 
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or reduce the minimum statewide renewable energy requirements of  | 
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Subsection (c)(1). | 
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       (o)  The commission may establish an alternative compliance  | 
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payment.  An entity that has a renewable energy purchase  | 
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requirement under this section may elect to pay the alternative  | 
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compliance payment instead of applying renewable energy credits  | 
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toward the satisfaction of the entity's obligation under this  | 
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section.  The commission may establish a separate alternative  | 
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compliance payment for the goal of 3,000 [500] megawatts of  | 
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installed capacity from renewable energy technologies other than  | 
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wind energy by January 1, 2020.  The alternative compliance payment  | 
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from a renewable energy purchase requirement that could be  | 
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satisfied with a renewable energy credit from wind energy may not be  | 
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less than $2.50 per credit or greater than $20 per credit.  Prior to  | 
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September 1, 2009, an alternative compliance payment under this  | 
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subsection may not be set above $5 per credit.  In implementing this  | 
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subsection, the commission shall consider: | 
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             (1)  the effect of renewable energy credit prices on  | 
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retail competition; | 
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             (2)  the effect of renewable energy credit prices on  | 
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electric rates; | 
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             (3)  the effect of the alternative compliance payment  | 
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level on the renewable energy credit market; and | 
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             (4)  any other factors necessary to ensure the  | 
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continued development of the renewable energy industry in this  | 
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state while protecting ratepayers from unnecessary rate increases. | 
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       SECTION 3.  This Act takes effect September 1, 2009. |