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A BILL TO BE ENTITLED
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AN ACT
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relating to advanced metering and meter information networks. |
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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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amending Subsection (h) and adding Subsections (h-1) and (l) to |
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read as follows: |
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(h) Except as provided by Subsection (h-1), the [The] |
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commission shall establish a nonbypassable surcharge for an |
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electric utility or transmission and distribution utility to use to |
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recover reasonable and necessary costs incurred in deploying |
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advanced metering and meter information networks to residential |
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customers and nonresidential customers other than those required by |
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the independent system operator to have an interval data recorder |
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meter. The commission shall ensure that the nonbypassable |
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surcharge reflects a deployment of advanced meters that is no more |
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than one-third of the utility's total meters over each calendar |
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year and shall ensure that the nonbypassable surcharge does not |
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result in the utility recovering more than its actual, fully |
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allocated meter and meter information network costs. The expenses |
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must be allocated to the customer classes receiving the services, |
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based on the electric utility's most recently approved tariffs. |
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(h-1) The surcharge established under Subsection (h) does |
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not apply to costs incurred in the replacement or upgrading of |
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advanced metering and meter information networks by an electric |
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utility or transmission and distribution utility after initial |
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deployment. An electric utility or transmission and distribution |
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utility may request recovery of reasonable and necessary costs |
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incurred in the replacement or upgrading of advanced metering and |
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meter information networks through a proceeding under Section |
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36.210 or in another ratemaking proceeding. |
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(l) The commission by rule shall require the independent |
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system operator for the ERCOT power region to maintain an Internet |
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portal that allows a customer of a transmission and distribution |
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utility receiving service in the ERCOT power region or the |
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customer's authorized representative to access usage data from the |
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customer's meter. The commission may not require a transmission and |
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distribution utility to maintain an Internet portal described by |
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this subsection. |
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SECTION 2. Section 39.402(e), Utilities Code, is amended to |
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read as follows: |
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(e) Notwithstanding Subsection (a), an electric utility |
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subject to this subchapter that elects to deploy advanced metering |
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and meter information networks may recover reasonable and necessary |
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costs incurred in deploying advanced metering and meter information |
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networks. An electric utility that elects to deploy advanced |
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metering or meter information networks is subject to commission |
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rules adopted under Sections 39.107(h), (h-1), and (k). The |
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commission shall ensure that any deployment plan approved under |
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this section and any related customer surcharge: |
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(1) are not applicable to customer accounts that |
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receive service at transmission voltage; and |
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(2) are consistent with commission rules related to |
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advanced metering systems regarding: |
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(A) customer protections; |
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(B) data security, privacy, and ownership; and |
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(C) options given consumers to continue to |
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receive service through a non-advanced meter. |
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SECTION 3. Section 39.452(k), Utilities Code, is amended to |
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read as follows: |
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(k) Notwithstanding Subsection (d), an electric utility |
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subject to this subchapter that elects to deploy advanced metering |
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and meter information networks may recover reasonable and necessary |
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costs incurred in deploying advanced metering and meter information |
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networks. An electric utility that elects to deploy advanced |
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metering or meter information networks is subject to commission |
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rules adopted under Sections 39.107(h), (h-1), and (k). The |
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commission shall ensure that any deployment plan approved under |
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this section and any related customer surcharge: |
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(1) are not applicable to customer accounts that |
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receive service at transmission voltage; and |
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(2) are consistent with commission rules related to |
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advanced metering systems regarding: |
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(A) customer protections; |
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(B) data security, privacy, and ownership; and |
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(C) options given consumers to continue to |
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receive service through a non-advanced meter. |
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SECTION 4. Section 39.5021(a), Utilities Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 39.502, an electric utility |
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subject to this subchapter that elects to deploy advanced metering |
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and meter information networks may recover reasonable and necessary |
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costs incurred in deploying advanced metering and meter information |
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networks. An electric utility that elects to deploy advanced |
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metering or meter information networks is subject to commission |
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rules adopted under Sections 39.107(h), (h-1), and (k). The |
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commission shall ensure that any deployment plan approved under |
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this section and any related customer surcharge: |
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(1) are not applicable to customer accounts that |
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receive service at transmission voltage; and |
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(2) are consistent with commission rules related to |
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advanced metering systems regarding: |
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(A) customer protections; |
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(B) data security, privacy, and ownership; and |
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(C) options given consumers to continue to |
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receive service through a non-advanced meter. |
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SECTION 5. Section 39.5521(a), Utilities Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 39.552, an electric utility |
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subject to this subchapter that elects to deploy advanced metering |
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and meter information networks may recover reasonable and necessary |
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costs incurred in deploying advanced metering and meter information |
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networks. An electric utility that elects to deploy advanced |
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metering or meter information networks is subject to commission |
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rules adopted under Sections 39.107(h), (h-1), and (k). The |
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commission shall ensure that any deployment plan approved under |
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this section and any related customer surcharge: |
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(1) are not applicable to customer accounts that |
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receive service at transmission voltage; and |
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(2) are consistent with commission rules related to |
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advanced metering systems regarding: |
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(A) customer protections; |
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(B) data security, privacy, and ownership; and |
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(C) options given consumers to continue to |
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receive service through a non-advanced meter. |
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SECTION 6. 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, 2023. |