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Amend CSSB 545 (Senate committee printing) as follows:
(1) In Section 1 of the bill, strike proposed Subdivision
(5), Subsection (c), Section 39.9155, Utilities Code (page 1, lines
51-56), and substitute:
(5) a requirement that:
(A) a retail electric provider offer service to a
retail electric service customer who has installed distributed
solar generation; and
(B) a retail electric provider that provides
service to a retail electric service customer who has installed
distributed solar generation:
(i) purchase the customer's surplus
electricity at a price equal to or greater than a fair market price
determined in accordance with this section; or
(ii) credit the customer's bill for the
billing cycling in which the customer's surplus electricity is
generated at a price equal to or greater than the equivalent of a
fair market price determined in accordance with this section and
allow any unused credit on the customer's bill to be carried forward
to subsequent billing cycles for the customer;
(2) In Section 1 of the bill, following proposed Subsection
(k), Section 39.9155, Utilities Code (page 3, between lines 19 and
20), insert:
(l) The commission by rule shall provide a methodology for
determining a fair market value price for surplus electricity. The
fair market value may not be less than an amount equal to 80 percent
of the customer's applicable retail rate minus any nonbypassable
charges. The commission shall post on the commission's Internet
website the fair market value prices derived from the methodology
provided under this subsection.
(m) In an area in which customer choice has been introduced,
a retail electric provider shall pay an owner of distributed solar
generation for surplus electricity the local market clearing price
for energy at the time of day the surplus electricity is made
available to the grid or a price that is not less than the fair
market value price determined in accordance with the methodology
provided under Subsection (l).
(n) An owner of distributed solar generation is qualified to
be paid for surplus electricity under Subsection (m) only if the
owner's distributed solar generation:
(1) is installed on a residential retail electric
customer's side of the meter;
(2) has a generating capacity of not greater than 50
kilowatts; and
(3) is rated to produce an amount of electricity less
than or equal to the amount of electricity the residential retail
electric customer for whom the distributed solar generation is
installed is reasonably expected to consume.
(o) The commission by rule shall require a retail electric
provider that purchases a customer's surplus electricity to include
on each bill of the customer line items to inform the owner of:
(1) the amount of surplus electricity, in terms of
kilowatt hours;
(2) the price credited to the owner for each kilowatt
hour; and
(3) the amount of any credit for surplus electricity
applied or carried forward from the previous billing period.
(p) Until the commission provides the methodology under
Subsection (l) for determining a fair market value price, a retail
electric provider shall pay a price for surplus electricity that is
not less than five cents per kilowatt hour.
(q) If, at the time distributed solar generation is
installed on a retail electric customer's side of the meter, the
estimated annual amount of electric energy to be generated by the
distributed solar generation is less than or equal to the
customer's estimated annual electric energy consumption, the
commission may not consider the owner of distributed solar
generation to be a power generation company or require the owner of
distributed solar generation owner to register as a power
generation company.
(r) In this section:
(1) "Distributed solar generation" means distributed
renewable generation, as defined by Section 39.916, using solar
energy technology.
(2) "Owner of distributed solar generation" includes a
retail electric customer who contracts with another person to
install or maintain distributed solar generation on the customer's
side of the meter, regardless of whether the customer takes
ownership of the installed distributed solar generation.
(3) "Surplus electricity" means electricity generated
by distributed solar generation that is not consumed at the place
the distributed solar generation is installed but flows onto the
electric distribution system.