By: Carona S.B. No. 981
 
 
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.  Subdivision (2), Subsection (a), Section 39.916,
  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 consider the distributed renewable generation
  owner to be a power generation company or require the distributed
  renewable generation owner to register as a power generation
  company.
         SECTION 3.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.917 to read as follows:
         Sec. 39.917.  THIRD-PARTY PROVIDERS OF DISTRIBUTED
  RENEWABLE GENERATION. The commission may not consider a person who
  contracts with a retail electric customer to finance, install, or
  maintain distributed renewable generation on the customer's side of
  the meter under a contract, as described by Section 39.916(a)(2),
  to be an electric utility, a power generation company, or a retail
  electric provider.
         SECTION 4.  This Act takes effect September 1, 2011.