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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of advanced meters and the |
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interconnection of ERCOT with another grid; requiring a study on |
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the health effects of advanced meters; authorizing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.107, Utilities Code, is amended by |
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adding Subsections (k) through (r) to read as follows: |
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(k) Except as provided by Subsection (l) or (m) or expressly |
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provided by other law, a person may not: |
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(1) access or disclose a residential customer's |
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information that is related to electric consumption for specific |
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equipment and that is measured by, provided by, or otherwise |
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collected from a home area network on the customer's side of an |
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advanced meter, including information used to calculate charges for |
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service, historical load data, and any other residential customer |
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information; or |
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(2) control equipment connected to a home area network |
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on the customer's side of an advanced meter. |
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(l) Subsection (k) does not affect the authority of an |
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electric utility or transmission and distribution utility to |
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provide customer metering or related data to the customer's retail |
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electric provider, an independent organization certified under |
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Section 39.151, a provider of corporate support services for the |
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purposes of providing those services, or any other third-party |
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entity the customer authorizes. A third-party entity to which this |
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data is provided may use the data only to provide or offer to |
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provide electric-related products or services to the customer. |
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(m) A customer may authorize a person or other entity to |
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access or disclose that customer's information as described by |
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Subsection (k) or to control equipment connected to a home area |
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network on that customer's side of an advanced meter. |
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(n) The commission may impose an administrative penalty as |
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provided by Section 15.023 for a wilful violation of Subsection |
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(k). |
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(o) An electric utility or transmission and distribution |
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utility that receives from the commission approval of the utility's |
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plan for deploying advanced meters shall send by mail to each |
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customer scheduled to receive an advanced meter under the plan a |
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notice to inform the customer that the customer may decline to have |
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the advanced meter installed and of the manner in which and date by |
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which the customer must decline installation. If a customer timely |
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declines to have the advanced meter installed, the utility may not |
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install the meter or charge the customer any fees or surcharges |
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related to declining the advanced meter, including the |
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nonbypassable surcharge otherwise authorized by Subsection (h). |
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(p) An electric utility or transmission and distribution |
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utility that has deployed advanced meters under a plan approved by |
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the commission shall send by mail to each customer that is using an |
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installed advanced meter a notice to inform the customer that the |
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customer may choose to have the meter removed and of the manner in |
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which the customer must choose removal. If the customer chooses to |
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remove the advanced meter, the utility shall: |
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(1) remove the advanced meter; |
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(2) install a conventional meter at no cost to the |
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customer; and |
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(3) provide the customer with conventional metering |
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services. |
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(q) An electric utility or transmission and distribution |
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utility that provides conventional metering services to a customer |
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who has declined installation of an advanced meter or had an |
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advanced meter removed under this section may not read that |
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customer's conventional meter more than once each month. |
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(r) The commission by rule shall provide for a minimum |
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period between the time a notice under Subsection (o) is mailed and |
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the date by which a customer must decline installation. |
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SECTION 2. Subchapter D, Chapter 39, Utilities Code, is |
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amended by adding Section 39.159 to read as follows: |
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Sec. 39.159. LIMITATION ON INTERCONNECTION. The commission |
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or an independent organization certified under Section 39.151 may |
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not authorize the interconnection of ERCOT, as defined by Section |
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31.002, with any other electric transmission grid. |
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SECTION 3. (a) A joint committee shall conduct a study on |
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the effects of advanced meters on public health. |
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(b) The committee is composed of eight members appointed as |
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follows: |
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(1) four members of the senate appointed by the |
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lieutenant governor; and |
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(2) four members of the house of representatives |
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appointed by the speaker of the house of representatives. |
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(c) The speaker of the house of representatives and the |
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lieutenant governor shall jointly designate a chair or, |
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alternatively, designate two co-chairs from among the committee |
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membership. |
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(d) The committee shall examine the effects of advanced |
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meters on public health. |
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(e) The committee may adopt rules necessary to carry out the |
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committee's duties under this section. |
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(f) Except as otherwise specifically provided by this |
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section, the committee may operate in the same manner as a joint |
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committee of the 83rd Legislature. |
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(g) Not later than December 1, 2014, the committee shall |
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report to the governor and the legislature the findings of the study |
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and any recommendations developed by the committee under this |
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section. |
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SECTION 4. Subsection (k), Section 39.107, Utilities Code, |
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as added by this Act, applies only to accessing or disclosing |
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information on or after the effective date of this Act. Accessing |
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or disclosing information before the effective date of this Act is |
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covered by the law in effect at the time the action occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 5. The Public Utility Commission of Texas shall |
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adopt rules under Subsection (r), Section 39.107, Utilities Code, |
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as added by this Act, as soon as practicable following the effective |
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date of this Act, but not later than January 1, 2014. |
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SECTION 6. This Act takes effect September 1, 2013. |
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* * * * * |