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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting restrictive regulation of distributed |
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power generation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 181, Utilities Code, is |
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amended by adding Section 181.903 to read as follows: |
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Sec. 181.903. RESTRICTION ON REGULATION OF DISTRIBUTED |
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GENERATION. (a) In this section: |
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(1) "Regulatory authority" has the meanings assigned |
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by Sections 11.003 and 101.003. |
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(2) "Utility" has the meaning assigned by Section |
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181.901. |
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(b) No Regulatory authority, planning authority, electric |
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cooperative, municipally-owned utility, Utility, or political |
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subdivision of this state may adopt or enforce an ordinance, |
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resolution, regulation, code, order, policy, or other measure that |
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has the purpose, intent, or effect of directly or indirectly |
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banning, limiting, restricting, discriminating against, or |
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prohibiting the synchronous connection or reconnection of |
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distributed generation or the construction, maintenance, or |
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installation of residential, commercial, or other public or private |
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infrastructure to accommodate receipt of power from distributed |
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generation. If located in the ERCOT power region, such Regulatory |
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authority, planning authority, electric cooperative, |
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municipally-owned utility, Utility, or political subdivision will |
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facilitate the sale of power from distributed generation into the |
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ERCOT wholesale market at the option of the end-use customer. Such |
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Regulatory authority, planning authority, electric cooperative, |
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municipally-owned utility, Utility, or political subdivision may, |
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at the option of the end-use customer, either act as the Qualified |
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Scheduling Entity to facilitate the wholesale sale of power from |
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distributed generation or allow a third-party entity to provide |
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such Qualified Scheduling Entity services. |
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(c) An entity, including a Regulatory authority, planning |
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authority, electric cooperative, municipally-owned utility, |
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Utility, or political subdivision, may not impose any additional |
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charge or pricing difference on a development, building permit |
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applicant, ERCOT wholesale market access, or interconnection |
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agreement for utility infrastructure that discourages or prohibits |
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the connection or reconnection of distributed generation. |
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(d) This section does not limit the ability of a Regulatory |
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authority or political subdivision to choose utility services for |
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properties owned by the Regulatory authority or political |
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subdivision. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |