Bill Text: TX HB3010 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the use of and permitting for certain energy devices at a retail customer's premises.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-14 - Referred to State Affairs [HB3010 Detail]

Download: Texas-2023-HB3010-Introduced.html
  88R12603 JXC/MP-F
 
  By: Zwiener H.B. No. 3010
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of and permitting for certain energy devices at
  a retail customer's premises.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 250, Local Government Code, is amended
  by adding Section 250.014 to read as follows:
         Sec. 250.014.  ONLINE AND AUTOMATED RESIDENTIAL SOLAR AND
  STORAGE PERMITTING. (a)  In this section:
               (1)  "Residential energy storage system" means
  commercially available technology, located behind a customer's
  residential utility meter, that is capable of:
                     (A)  absorbing electricity:
                           (i)  generated on-site; or
                           (ii)  from the electrical grid;
                     (B)  storing electricity for a period of time; and
                     (C)  discharging electricity to meet the power
  needs of the customer or for export to the electrical grid.
               (2)  "Residential solar energy system" means a
  configuration of solar energy devices that collects and distributes
  solar energy for the purpose of generating electricity and that has
  a single residential interconnection with the electrical grid.
               (3)  "SolarAPP+" means the web-based portal, as it
  existed on January 1, 2023, developed by the National Renewable
  Energy Laboratory, that automates plan review, produces
  code-compliant approvals, and issues permits for residential solar
  energy systems and residential energy storage systems paired with
  residential solar energy systems.
         (b)  This section applies only to:
               (1)  a municipality that has a population of 5,000 or
  more; and
               (2)  a county that has a population of 150,000 or more.
         (c)  Notwithstanding any other law, a municipality or county
  shall implement an online and automated permitting system for
  residential solar energy systems that have a nameplate rating of
  not more than 40 kilowatts of alternating current and residential
  energy storage systems paired with residential solar energy systems
  that have a nameplate rating of not more than 40 kilowatts of
  alternating current.  The online and automated permitting system
  must:
               (1)  verify that the proposed systems comply with
  relevant building and fire codes; and
               (2)  issue a permit necessary for a contractor to
  install or repair a solar energy system or residential storage
  system in real time or allow the municipality or county to issue the
  permit in real time.
         (d)  An online and automated permitting system implemented
  under this section must have at least the same capabilities as
  SolarAPP+.  A municipality or county is not required to issue a
  permit under Subsection (c) if the online and automated permitting
  system implemented by the municipality or county does not meet the
  capabilities of SolarAPP+ at the time the permit application is
  submitted to the municipality or county.
         (e)  A municipality or county shall report to the Public
  Utility Commission of Texas when the municipality or county has
  implemented an online and automated permitting system under
  Subsection (c).
         (f)  A municipality or county to which this section applies
  must confirm compliance with this section when applying for a grant
  or loan from the State Energy Conservation Office as a condition of
  receiving the grant or loan.
         SECTION 2.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.9166 to read as follows:
         Sec. 39.9166.  INTERCONNECTION OF ON-SITE SMALL DISTRIBUTED
  GENERATION BY MUNICIPALLY OWNED UTILITIES AND ELECTRIC
  COOPERATIVES.  (a)  In this section:
               (1)  "Interconnection" means the right of a distributed
  generation owner to physically connect distributed generation to an
  electricity distribution system, and the technical requirements,
  rules, or processes for the connection.
               (2)  "On-site small distributed generation" means
  distributed generation, as defined by Section 39.9165, located at a
  customer's point of delivery with a capacity of not more than 100
  kilowatts.
         (b)  Except as provided by Subsections (c) and (e), a
  municipally owned utility or electric cooperative that provides
  interconnections for on-site small distributed generation must
  provide an interconnection not later than the 42nd day after the
  date the utility or cooperative receives a complete application for
  the interconnection.
         (c)  If the interconnection of on-site small distributed
  generation will require substantial capital upgrades to the system
  of a municipally owned utility or electric cooperative, the utility
  or cooperative shall:
               (1)  provide to the interconnection applicant an
  estimate of the applicant's costs for the upgrades and a proposed
  schedule for the upgrades; and
               (2)  offer to provide the upgrades under a contract
  with the interconnection applicant.
         (d)  Except as provided by Subsection (e), a municipally
  owned utility or electric cooperative that enters into an upgrade
  agreement under Subsection (c) shall provide the interconnection
  not later than the 14th day after the date the upgrades are
  complete, unless the interconnection applicant agrees to an
  extension.  The utility or cooperative shall employ best reasonable
  efforts to complete the upgrades in the shortest time reasonably
  practical.
         (e)  If a municipally owned utility or electric cooperative
  determines that the utility or cooperative cannot interconnect
  on-site small distributed generation according to the requirements
  of this section, the utility or cooperative shall notify the
  interconnection applicant in writing of the delay and the reason
  for the delay and provide an estimated date for the
  interconnection.
         (f)  A municipally owned utility or electric cooperative
  shall process all on-site small distributed generation
  interconnection applications in a non-discriminatory manner, in
  the order in which they are received.  An application that requires
  minor modifications to be complete may not be rejected solely for
  that reason.
         (g)  A municipally owned utility or electric cooperative may
  not charge an owner or operator of on-site small distributed
  generation that exports energy to the utility's or cooperative's
  system: 
               (1)  a charge for the operation and maintenance of the
  utility's or cooperative's facilities;
               (2)  a distribution line charge; or
               (3)  a transmission access or line charge, a
  transformation charge, or a transmission line loss charge.
         (h)  The governing body of a municipally owned utility or
  electric cooperative shall provide oversight and adopt rules and
  procedures, as necessary, to ensure that the utility or cooperative
  complies with this section.
         SECTION 3.  (a)  Except as provided by Subsection (b) of this
  section, a municipality or county shall implement the online and
  automated permitting system as required by Section 250.014, Local
  Government Code, as added by this Act, not later than September 30,
  2024.
         (b)  A municipality that has a population of at least 5,000
  and not more than 50,000 shall implement the online and automated
  permitting system as required by Section 250.014, Local Government
  Code, as added by this Act, not later than September 30, 2025.
         SECTION 4.  This Act takes effect September 1, 2023.
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