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A BILL TO BE ENTITLED
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AN ACT
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relating to the classification of owners of certain distributed |
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renewable generation. |
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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(e), and 39.917, does not apply to a |
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municipally owned utility or an electric cooperative. Sections |
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39.157(e), 39.203, and 39.904, however, apply only to a municipally |
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owned 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 39.916(a)(2), Utilities Code, is amended |
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to read as follows: |
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(2) "Distributed renewable generation owner" means: |
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(A) the owner of distributed renewable |
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generation; or |
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(B) a retail electric customer who contracts with |
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another person to finance, install, or maintain distributed |
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renewable generation on the customer's side of the meter, |
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regardless of whether the customer takes ownership of the installed |
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distributed renewable generation. |
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SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.917 to read as follows: |
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Sec. 39.917. CLASSIFICATION OF OWNERS OF CERTAIN |
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DISTRIBUTED RENEWABLE GENERATION. (a) In this section, |
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"distributed renewable generation" means electric generation |
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provided by a renewable energy technology, as defined by Section |
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39.904, that is installed on a retail electric customer's side of |
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the meter. |
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(b) The commission may not consider a retail electric |
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customer to be a power generation company based on the customer's |
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ownership of distributed renewable generation or the customer's |
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contract with another person to finance, install, or maintain |
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distributed renewable generation on the customer's side of the |
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meter. |
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(c) The commission may not consider a person to be an |
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electric utility, a power generation company, or a retail electric |
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provider based on the person's contract with a retail electric |
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customer to finance, install, or maintain distributed renewable |
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generation on the customer's side of the meter, regardless of the |
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person's ownership of the generation facilities. |
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SECTION 4. This Act takes effect September 1, 2011. |