H.B. No. 3390
 
 
 
 
AN ACT
  relating to the provision of information regarding distributed
  generation and certain electrical loads.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.9165, Utilities Code, is amended to
  read as follows:
         Sec. 39.9165.  DISTRIBUTED GENERATION FACILITY REPORTING.
  (a) In this section:
               (1)  "Distributed generation facility" [, "distributed
  generation"] is an electrical generating facility, including an
  energy storage facility, that:
                     (A)  [(1)  may be located at a customer's point of
  delivery;
               [(2)]  is connected at a voltage less than 60
  kilovolts; and
                     (B)  is capable of being [(3)  may be] connected
  in parallel operation to the utility system.
               (2)  "Transmission service provider" means a
  transmission and distribution utility, municipally owned utility,
  or electric cooperative that owns or operates facilities used for
  the transmission of electricity.
         (b)  An independent organization certified under Section
  39.151 may establish protocols to [shall] require a person who owns
  or operates a [an owner or operator of] distributed generation
  facility interconnected to a utility system operating in the power
  region served by the independent organization, or who seeks to
  interconnect such a facility, to provide to the interconnecting
  transmission and distribution utility, municipally owned utility,
  or electric cooperative information about the distributed
  generation facility that the independent organization determines
  is necessary for maintaining system reliability [to register with
  the organization and interconnecting transmission and distribution
  utility information necessary for the interconnection of the
  distributed generator].
         (b-1)  Protocols adopted under Subsection (b) may require
  that the information be provided as a condition to interconnecting
  the distributed generation facility.
         (c)  An independent organization certified under Section
  39.151 may establish protocols to require a transmission service
  provider operating in the power region served by the independent
  organization to report to the independent organization, in
  aggregate by delivery point, information the independent
  organization determines is necessary for maintaining system
  reliability regarding distributed generation facilities and
  distribution-connected loads that:
               (1)  are not registered with the independent
  organization; and
               (2)  are connected to the utility systems served by the
  transmission service provider.
         (d)  An independent organization certified under Section
  39.151 may establish protocols to require a transmission and
  distribution utility, municipally owned utility, or electric
  cooperative that is not required to report load information
  directly to the independent organization regarding the delivery
  points interconnected with its facilities to provide information to
  the utility's or cooperative's transmission service provider for
  purposes of the report described by Subsection (c).
         (e)  For a distributed generation facility interconnected
  before September 1, 2023, any protocols the independent
  organization certified under Section 39.151 establishes under
  Subsections (c) and (d) may require a transmission and distribution
  utility, municipally owned utility, or electric cooperative to:
               (1)  request information about the distributed
  generation facility from the owner or operator of the facility; and
               (2)  in the absence of any timely response to the
  request for information under Subdivision (1) or if the information
  reasonably appears to be incorrect, provide to its transmission
  service provider a good-faith estimate of the information based on
  field observation or other data using reasonable engineering
  judgment.
         (f)  Notwithstanding Subsection (e), the transmission and
  distribution utility, municipally owned utility, or electric
  cooperative, in fulfilling any reporting obligation, may rely on
  any existing record regarding the information required for a
  distributed generation facility, if the transmission and
  distribution utility, municipally owned utility, or electric
  cooperative reasonably believes the information is accurate [This
  section does not apply to distributed generation serving a
  residential property].
         SECTION 2.  Section 39.9165(b-1), Utilities Code, as added
  by this Act, applies only to a distributed generation facility
  interconnected on or after September 1, 2023.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3390 was passed by the House on May 1,
  2023, by the following vote:  Yeas 142, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3390 was passed by the Senate on May
  15, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor