82R24759 ALL-D
 
  By: Crownover H.B. No. 2288
 
  Substitute the following for H.B. No. 2288:
 
  By:  Cook C.S.H.B. No. 2288
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of distributed renewable generation of
  electricity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.916(a)(2), Utilities Code, is amended
  to read as follows:
               (2)  "Distributed renewable generation owner" means:
                     (A)  the owner of distributed renewable
  generation; or
                     (B)  a retail electric customer who contracts with
  another person to finance, install, or maintain distributed
  renewable generation on the customer's side of the meter,
  regardless of whether the customer takes ownership of the installed
  distributed renewable generation.
         SECTION 2.  Section 39.916, Utilities Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  If, at the time distributed renewable generation is
  installed on a retail electric customer's side of the meter, the
  estimated annual amount of electric energy to be produced by the
  distributed renewable generation is less than or equal to the
  customer's estimated annual electric energy consumption, the
  commission may not:
               (1)  consider the distributed renewable generation
  owner to be an electric utility, a power generation company, or a
  retail electric provider; or
               (2)  require the distributed renewable generation
  owner to register with or to be certified by the commission.
         SECTION 3.  This Act takes effect September 1, 2011.