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  81R9767 TRH-F
 
  By: Huffman S.B. No. 1423
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to goals for renewable energy capacity derived from
  renewable energy sources other than sources using wind energy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 39.904(a) and (o), Utilities Code, are
  amended to read as follows:
         (a)  It is the intent of the legislature that by January 1,
  2015, an additional 5,000 megawatts of generating capacity from
  renewable energy technologies will have been installed in this
  state.  The cumulative installed renewable capacity in this state
  shall total 5,880 megawatts by January 1, 2015, and the commission
  shall establish a goal [target] of 10,000 megawatts of installed
  renewable capacity by January 1, 2025.  The cumulative installed
  renewable capacity in this state shall total 2,280 megawatts by
  January 1, 2007, 3,272 megawatts by January 1, 2009, 4,264
  megawatts by January 1, 2011, 5,256 megawatts by January 1, 2013,
  and 5,880 megawatts by January 1, 2015.  Of the renewable energy
  technology generating capacity installed to meet the goal of this
  subsection after September 1, 2005, the commission shall establish
  a goal [target] of having at least 3,000 [500] megawatts of capacity
  from a renewable energy technology other than a source using wind
  energy.
         (o)  The commission may establish an alternative compliance
  payment.  An entity that has a renewable energy purchase
  requirement under this section may elect to pay the alternative
  compliance payment instead of applying renewable energy credits
  toward the satisfaction of the entity's obligation under this
  section.  The commission may establish a separate alternative
  compliance payment for the goal of 3,000 [500] megawatts of
  capacity from renewable energy technologies other than wind energy.  
  The alternative compliance payment for a renewable energy purchase
  requirement that could be satisfied with a renewable energy credit
  from wind energy may not be less than $2.50 per credit or greater
  than $20 per credit.  Prior to September 1, 2009, an alternative
  compliance payment under this subsection may not be set above $5 per
  credit.  In implementing this subsection, the commission shall
  consider:
               (1)  the effect of renewable energy credit prices on
  retail competition;
               (2)  the effect of renewable energy credit prices on
  electric rates;
               (3)  the effect of the alternative compliance payment
  level on the renewable energy credit market; and
               (4)  any other factors necessary to ensure the
  continued development of the renewable energy industry in this
  state while protecting ratepayers from unnecessary rate increases.
         SECTION 2.  This Act takes effect September 1, 2009.