HB3905 - Relating to the interconnection or deployment of distributed generation by or for retail electric customers.

  89R5730 JXC-D     By: Dorazio H.B. No. 3905       A BILL TO BE ENTITLED   AN ACT   relating to the interconnection or deployment of distributed   generation by or for retail electric customers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 17.004(a), Utilities Code, is amended to   read as follows:          (a)  All buyers of telecommunications and retail electric   services are entitled to:                (1)  protection from fraudulent, unfair, misleading,   deceptive, or anticompetitive practices, including protection from   being billed for services that were not authorized or provided;                (2)  choice of a telecommunications service provider, a   retail electric provider, or an electric utility, where that choice   is permitted by law, and to have that choice honored;                (3)  information in English and Spanish and any other   language as the commission deems necessary concerning rates, key   terms and conditions, and the basis for any claim of environmental   benefits of certain production facilities;                (4)  protection from discrimination on the basis of   race, color, sex, nationality, religion, marital status, income   level, or source of income and from unreasonable discrimination on   the basis of geographic location;                (5)  impartial and prompt resolution of disputes with a   certificated telecommunications utility, a retail electric   provider, or an electric utility and disputes with a   telecommunications service provider related to unauthorized   charges and switching of service;                (6)  privacy of customer consumption and credit   information;                (7)  accuracy of metering and billing;                (8)  bills presented in a clear, readable format and   easy-to-understand language that uses defined terms as required by   commission rules adopted under Section 17.003;                (9)  information in English and Spanish and any other   language as the commission deems necessary concerning low-income   assistance programs and deferred payment plans;                (10)  all consumer protections and disclosures   established by the Fair Credit Reporting Act (15 U.S.C. Section   1681 et seq.) and the Truth in Lending Act (15 U.S.C. Section 1601   et seq.); [ and ]                (11)  after retail competition begins as authorized by   the legislature, programs provided by retail electric providers   that offer eligible low-income customers energy efficiency   programs, an affordable rate package, and bill payment assistance   programs designed to reduce uncollectible accounts ; and                 (12)     deploy emergency energy backup generation or   storage capability on the customer's premises, whether connected to   an electricity distribution system or not, if the generation or   storage complies with all applicable standards established by the   commission and local building codes .          SECTION 2.  Section 39.002, Utilities Code, is amended to   read as follows:          Sec. 39.002.  APPLICABILITY.  This chapter, other than   Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162,   39.163, 39.203, 39.9051, 39.9052, [ and ] 39.914(e), and 39.9162, and   Subchapters M and N, does not apply to a municipally owned utility   or an electric cooperative.  Sections 39.157(e) and 39.203 apply   only to a municipally owned utility or an electric cooperative that   is offering customer choice.  If there is a conflict between the   specific provisions of this chapter and any other provisions of   this title, except for Chapters 40 and 41, the provisions of this   chapter control.          SECTION 3.  Section 39.554, Utilities Code, is amended by   adding Subsection (b-1) to read as follows:           (b-1)     An electric utility subject to this subchapter may not   require a distributed renewable generation owner of generation that   produces electricity using photovoltaic technology and complies   with the standards established by rule under Section 39.916(d) to   comply with additional safety, technical, or performance   standards.          SECTION 4.  Subchapter Z, Chapter 39, Utilities Code, is   amended by adding Section 39.9162 to read as follows:           Sec.   39.9162.     DISTRIBUTED SOLAR GENERATION PROTECTIONS.   (a)   In this section, "distributed solar generation owner" means a   distributed renewable generation owner, as defined by Section   39.916, of generation that produces electricity using photovoltaic   technology.           (b)     An electric cooperative, electric utility, municipally   owned utility, or retail electric provider may not:                 (1)     prohibit a distributed solar generation owner from   connecting a device or load on the circuit on which the generation   operates unless a meter used exclusively for monitoring the   generation of voluntary renewable energy credits is also installed   on that circuit;                 (2)     limit the point of interconnection of generation   that produces electricity using photovoltaic technology to a single   point of interconnection on a distributed solar generation owner's   side of the meter, unless required by the commission by rule;                 (3)     prohibit a distributed solar generation owner from   installing the generation on the owner's side of the meter;                 (4)     limit the size of a customer's generation system   that produces electricity using photovoltaic technology or the   amount of energy production from the system, other than limiting   the amount of possible exportation of energy to prevent an   exportation of energy that exceeds the customer's existing   electrical service transformer rating;                 (5)     prohibit a retail customer of the cooperative,   utility, or provider from purchasing or leasing generation that   produces electricity using photovoltaic technology;                 (6)     require a person who sells, leases, installs, or   maintains generation that produces electricity using photovoltaic   technology to or for a retail customer of the cooperative, utility,   or provider to hold any certification, license, or insurance not   required by state law; or                 (7)     require a distributed solar generation owner to   have the generation regularly inspected at the owner's expense.           (c)     An electric cooperative, electric utility, municipally   owned utility, or retail electric provider shall approve or deny an   interconnection request submitted by a retail customer regarding   generation that produces electricity using photovoltaic technology   not later than the 21st day after the date the request is submitted.           (d)     An electric cooperative, electric utility, or retail   electric provider may not require a distributed solar generation   owner whose generation complies with the standards established by   rule under Section 39.916(d) to comply with additional safety,   technical, or performance standards.           (e)     The governing body of a municipally owned utility shall   adopt, implement, and enforce rules to comply with the requirements   of this section.   An electric cooperative shall adopt, implement,   and enforce rules to comply with the requirements of this section.          SECTION 5.  The changes in law made by this Act apply only to   a contract entered into on or after the effective date of this Act.     A contract entered into before the effective date of this Act is   governed by the law as it existed immediately before the effective   date of this Act, and that law is continued in effect for that   purpose.          SECTION 6.  This Act takes effect September 1, 2025.