| |
| |
| |
|
|
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 |