Bill Text: TX HB3390 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the provision of information regarding distributed generation and certain electrical loads.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-06-02 - Effective immediately [HB3390 Detail]
Download: Texas-2023-HB3390-Enrolled.html
H.B. No. 3390 |
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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" [ |
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energy storage facility, that: | ||
(A) [ |
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[ |
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kilovolts; and | ||
(B) is capable of being [ |
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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 [ |
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or operates a [ |
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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 [ |
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(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 [ |
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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 |