By: Deshotel H.B. No. 3624
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  Relating to electricity customer rights to distributed energy
  storage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 35.152, Utilities Code, is amended by
  adding Subsection (e) to read as follows:
         Sec. 35.152.  (a)  Electric energy storage equipment or
  facilities that are intended to be used to sell energy or ancillary
  services at wholesale are generation assets.
         (b)  The owner or operator of electric energy storage
  equipment or facilities that are generation assets under Subsection
  (a) is a power generation company and is required to register under
  Section 39.351(a). The owner or operator of the equipment or
  facilities is entitled to:
               (1)  interconnect the equipment or facilities;
               (2)  obtain transmission service for the equipment or
  facilities; and
               (3)  use the equipment or facilities to sell
  electricity or ancillary services at wholesale in a manner
  consistent with the provisions of this title and commission rules
  applicable to a power generation company or an exempt wholesale
  generator.
         (c)  Notwithstanding Subsection (a), this section does not
  affect a determination made by the commission in a final order
  issued before December 31, 2010.
         (d) Subsection (b) does not require a municipally owned
  utility or an electric cooperative that owns or operates electric
  energy storage equipment or facilities described by Subsection (a)
  to register as a power generation company under Section 39.351(a).
         (e)  The owner or operator of distributed renewable
  generation and distributed energy storage equipment or facilities,
  as defined by Section 39.916, that are installed on the retail
  electric customer's side of the meter are entitled to use the
  equipment or facilities to sell electricity or ancillary services
  at wholesale in manner consistent with the provisions of this
  title.
         SECTION 2.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.918 to read as follows:
         Sec. 39.918.  CUSTOMER RIGHT TO DISTRIBUTED ENERGY STORAGE.
         (a)  In this section:
               (1)  "Distributed renewable generation" means electric
  generation with a capacity of not more than 2,000 kilowatts
  provided by a renewable energy technology, as defined by Section
  39.904, that is installed on a retail electric customer's side of
  the meter.
               (2)  "Distributed energy storage" means electric
  energy storage with a capacity of not more than 2,000 kilowatts that
  is installed on a retail electric customer's side of the meter.
               (3)  "Owner" means:
                     (A)  an owner of distributed renewable
  generation;
                     (B)  an owner of distributed storage;
                     (C)  an owner of distributed renewable generation
  and distributed storage; or
                     (D)  a retail electric customer on whose side of
  the meter distributed renewable generation and/or distributed
  energy storage is installed and operated, regardless of whether the
  customer takes ownership of the distributed renewable generation;
  or
                     (E)  a person who by contract is assigned
  ownership rights to energy produced from distributed renewable
  generation and/or distributed storage located at the premises of
  the customer on the customer's side of the meter.
         (b)  An electric utility shall allow an owner to the use of
  owner-supplied, UL-certified devices designed to isolate and
  disconnect household loads on the retail electric customer's side
  of the meter.
         SECTION 3.  This Act takes effect September 1, 2021.