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A BILL TO BE ENTITLED
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AN ACT
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relating to the state's goal for non-wind renewable electric |
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generating capacity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 39.904(a) and (o), Utilities Code, are |
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amended to read as follows: |
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(a) It is the intent of the legislature that by January 1, |
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2015, an additional 6,000 [5,000] megawatts of generating capacity |
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from renewable energy technologies will have been installed in this |
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state. The cumulative installed renewable capacity in this state |
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shall total 6,880 [5,880] megawatts by January 1, 2015, and the |
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commission shall establish a target of 11,000 [10,000] megawatts of |
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installed renewable capacity by January 1, 2025. The cumulative |
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installed renewable capacity in this state shall total 5,264 [2,280
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megawatts by January 1, 2007, 3,272 megawatts by January 1, 2009,
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4,264] megawatts by January 1, 2011, 6,256 [5,256] megawatts by |
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January 1, 2013, and 6,880 [5,880] megawatts by January 1, 2015. Of |
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the renewable energy technology generating capacity installed to |
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meet the goal of this subsection after September 1, 2005, the |
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commission shall establish a target of having at least 1,500 [500] |
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megawatts of capacity from a renewable energy technology other than |
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a source using wind energy by January 1, 2015. |
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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 1,500 [500] megawatts of |
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capacity from renewable energy technologies other than wind energy. |
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The alternative compliance payment for a renewable energy purchase |
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requirement that could be satisfied with a renewable energy credit |
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from wind energy may not be less than $2.50 per credit or greater |
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than $20 per credit. Prior to September 1, 2009, an alternative |
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compliance payment under this subsection may not be set above $5 per |
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credit. In implementing this subsection, the commission shall |
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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 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. |