83R8706 JJT-F
  By: Anchia H.B. No. 2196
  relating to compensation for surplus electricity generated by
  distributed renewable generation.
         SECTION 1.  Section 39.916(j), Utilities Code, is amended to
  read as follows:
         (j)  A [For] distributed renewable generation owner located
  in an area [owners in areas] in which customer choice has been
  introduced may [, the distributed renewable generation owner must]
  sell the owner's surplus electricity produced to any [the] retail
  electric provider that serves the same competitive region
  [distributed renewable generation owner's load] at a value agreed
  to between the distributed renewable generation owner and the
  retail electric provider [that serves the owner's load which may
  include, but is not limited to, an agreed value based on the
  clearing price of energy at the time of day that the electricity is
  made available to the grid] or in exchange for [it may be] a credit
  that is applied to the distributed renewable generation owner's
  customer [an] account during a billing period and that may be
  carried over to subsequent billing periods until the credit has
  been redeemed. The independent organization identified in Section
  39.151 shall develop procedures so that the amount of electricity
  purchased from a distributed renewable generation owner under this
  section is accounted for in settling the total load served by the
  provider that serves that owner's load [by January 1, 2009].  A
  distributed renewable generation owner requesting [net] metering
  services for purposes of this section must have metering devices
  capable of providing measurements consistent with the independent
  organization's settlement requirements.
         SECTION 2.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.917 to read as follows:
  GENERATION; ACTION ON TARIFFS. (a) The commission biennially shall
  investigate whether distributed generation owners and distributed
  renewable generation owners, as defined by Section 39.916, are
  receiving fair compensation for the benefits provided to
  transmission and distribution systems by distributed generation.
  Not later than December 31 of each even-numbered year, the
  commission shall report its findings and evaluation of the
  compensation to the speaker of the house of representatives, the
  lieutenant governor, and each committee of the house of
  representatives and senate with primary jurisdiction over electric
  utilities or the commission.
         (b)  If the commission finds after conducting an
  investigation under Subsection (a) that distributed generation
  owners or distributed renewable generation owners are not receiving
  fair compensation under the terms of the delivery rate tariffs in
  effect during that period, the commission shall take actions
  necessary to ensure that the relevant tariffs are amended to
  provide for adherence to cost-causation rate-making principles in a
  manner that considers at least transmission and distribution
  investment deferrals and reductions in congestion costs.
         SECTION 3.  This Act takes effect September 1, 2013.