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A BILL TO BE ENTITLED
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AN ACT
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relating to net metering for public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.002, Utilities Code, is amended to |
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read as follows: |
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Sec. 39.002. APPLICABILITY. This chapter, other than |
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Sections 39.155, 39.157(e), 39.203, 39.903, 39.904, 39.9051, |
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39.9052, and 39.914 [39.914(e)], does not apply to a municipally |
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owned utility or an electric cooperative. Sections 39.157(e), |
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39.203, and 39.904, however, apply only to a municipally owned |
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utility or an electric cooperative that is offering customer |
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choice. If there is a conflict between the specific provisions of |
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this chapter and any other provisions of this title, except for |
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Chapters 40 and 41, the provisions of this chapter control. |
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SECTION 2. Section 39.914, Utilities Code, is amended to |
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read as follows: |
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Sec. 39.914. NET METERING FOR [CREDIT FOR SURPLUS SOLAR
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GENERATION BY] PUBLIC SCHOOLS. (a) In this section, "distributed |
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renewable generation" means electric generation provided by a |
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renewable energy technology, as defined by Section 39.904, that is |
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installed on a retail electric customer's side of the meter. |
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(b) This section applies only to an independent school |
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district. |
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(c) An electric utility or retail electric provider shall |
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provide for net metering and contract with an independent school |
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district so that the school district receives credit at the full |
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retail rate for each kilowatt hour produced by distributed |
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renewable generation, up to the total amount of electricity |
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received from the utility or provider during an annualized billing |
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period. The contract must also provide that the school district |
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receive credit for any surplus electricity produced by distributed |
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renewable generation and that the district be compensated for those |
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credits as provided by this section [:
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[(1)
surplus electricity produced by a school
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building's solar electric generation panels is made available for
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sale to the electric transmission grid and distribution system; and
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[(2)
the net value of that surplus electricity is
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credited to the district]. |
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(d) [(b)] For areas of this state in which customer choice |
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has not been introduced, the commission by rule shall require that |
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credits for surplus electricity [for electricity produced by a
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school building's solar electric generation panels] reflect the |
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value of the electricity that is made available for sale to the |
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electric utility in accordance with federal regulations. |
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(e) [(c)] For independent school districts in areas in |
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which customer choice has been introduced, the district must sell |
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credits for surplus electricity [the school buildings' surplus
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electricity produced] to the retail electric provider that serves |
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the school district's load at a value agreed to between the district |
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and the provider that serves the district's load. The agreed value |
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may be based on the clearing price of energy at the time of day that |
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the electricity is made available to the grid or the value may be in |
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the form of a credit applied to the district's account that the |
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district may carry over to subsequent annualized periods until the |
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credit has been redeemed. The independent organization identified |
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in Section 39.151 shall develop procedures so that the amount of |
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electricity purchased from a district under this section is |
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accounted for in settling the total load served by the provider that |
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serves the district's load. A district requesting net metering |
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services for purposes of this section must have metering devices |
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capable of providing measurements consistent with the independent |
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organization's settlement requirements. |
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(f) [(d)] A transmission and distribution utility shall |
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make available to an independent school district for purposes of |
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this section metering required for services provided under this |
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section, including a single bidirectional meter capable of |
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measuring the flow of electricity in both directions [separate
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meters that measure the load and generator output or a single meter
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capable of measuring separately in-flow and out-flow at the point
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of common coupling meter point]. The district must pay the |
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differential cost of the metering unless the meters are provided at |
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no additional cost. Except as provided by this section, Section |
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39.107 applies to metering under this section. |
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(g) Notwithstanding any provision of this section, the |
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commission by rule may provide for an alternative net metering |
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structure, provided that a school district receives full retail |
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value for excess electricity produced during months in which the |
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district generates more electricity than the district consumes. |
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[(e)
A municipally owned utility or electric cooperative shall
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consider and complete the determinations regarding net metering
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service as provided by the federal Public Utility Regulatory
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Policies Act of 1978 (16 U.S.C. Section 2601 et seq., as amended by
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the federal Energy Policy Act of 2005 (Pub. L. No. 109-58)) after
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proceedings conducted in accordance with that law.
A municipally
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owned utility or electric cooperative shall report the
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determinations made under this subsection to the State Energy
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Conservation Office and include in that report information
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regarding metering electricity generated by solar panels on public
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school building rooftops.] |
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SECTION 3. The change in law made by this Act applies only |
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to a contract for the sale of distributed renewable generation |
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entered into or renewed on or after the effective date of this Act. |
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A contract for the sale of distributed renewable generation entered |
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into or renewed before the effective date of this Act is governed by |
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the law as it existed immediately before the effective date of this |
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Act, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |