Bill Text: TX SB2181 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to advanced metering and meter information networks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Business & Commerce [SB2181 Detail]
Download: Texas-2023-SB2181-Introduced.html
88R4234 CXP-F | ||
By: LaMantia | S.B. No. 2181 |
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relating to advanced metering and meter information networks. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 39.107, Utilities Code, is amended by | ||
amending Subsection (h) and adding Subsections (h-1) and (l) to | ||
read as follows: | ||
(h) Except as provided by Subsection (h-1), the [ |
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commission shall establish a nonbypassable surcharge for an | ||
electric utility or transmission and distribution utility to use to | ||
recover reasonable and necessary costs incurred in deploying | ||
advanced metering and meter information networks to residential | ||
customers and nonresidential customers other than those required by | ||
the independent system operator to have an interval data recorder | ||
meter. The commission shall ensure that the nonbypassable | ||
surcharge reflects a deployment of advanced meters that is no more | ||
than one-third of the utility's total meters over each calendar | ||
year and shall ensure that the nonbypassable surcharge does not | ||
result in the utility recovering more than its actual, fully | ||
allocated meter and meter information network costs. The expenses | ||
must be allocated to the customer classes receiving the services, | ||
based on the electric utility's most recently approved tariffs. | ||
(h-1) The surcharge established under Subsection (h) does | ||
not apply to costs incurred in the replacement or upgrading of | ||
advanced metering and meter information networks by an electric | ||
utility or transmission and distribution utility after initial | ||
deployment. An electric utility or transmission and distribution | ||
utility may request recovery of reasonable and necessary costs | ||
incurred in the replacement or upgrading of advanced metering and | ||
meter information networks through a proceeding under Section | ||
36.210 or in another ratemaking proceeding. | ||
(l) The commission by rule shall require the independent | ||
system operator for the ERCOT power region to maintain an Internet | ||
portal that allows a customer of a transmission and distribution | ||
utility receiving service in the ERCOT power region or the | ||
customer's authorized representative to access usage data from the | ||
customer's meter. The commission may not require a transmission and | ||
distribution utility to maintain an Internet portal described by | ||
this subsection. | ||
SECTION 2. Section 39.402(e), Utilities Code, is amended to | ||
read as follows: | ||
(e) Notwithstanding Subsection (a), an electric utility | ||
subject to this subchapter that elects to deploy advanced metering | ||
and meter information networks may recover reasonable and necessary | ||
costs incurred in deploying advanced metering and meter information | ||
networks. An electric utility that elects to deploy advanced | ||
metering or meter information networks is subject to commission | ||
rules adopted under Sections 39.107(h), (h-1), and (k). The | ||
commission shall ensure that any deployment plan approved under | ||
this section and any related customer surcharge: | ||
(1) are not applicable to customer accounts that | ||
receive service at transmission voltage; and | ||
(2) are consistent with commission rules related to | ||
advanced metering systems regarding: | ||
(A) customer protections; | ||
(B) data security, privacy, and ownership; and | ||
(C) options given consumers to continue to | ||
receive service through a non-advanced meter. | ||
SECTION 3. Section 39.452(k), Utilities Code, is amended to | ||
read as follows: | ||
(k) Notwithstanding Subsection (d), an electric utility | ||
subject to this subchapter that elects to deploy advanced metering | ||
and meter information networks may recover reasonable and necessary | ||
costs incurred in deploying advanced metering and meter information | ||
networks. An electric utility that elects to deploy advanced | ||
metering or meter information networks is subject to commission | ||
rules adopted under Sections 39.107(h), (h-1), and (k). The | ||
commission shall ensure that any deployment plan approved under | ||
this section and any related customer surcharge: | ||
(1) are not applicable to customer accounts that | ||
receive service at transmission voltage; and | ||
(2) are consistent with commission rules related to | ||
advanced metering systems regarding: | ||
(A) customer protections; | ||
(B) data security, privacy, and ownership; and | ||
(C) options given consumers to continue to | ||
receive service through a non-advanced meter. | ||
SECTION 4. Section 39.5021(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding Section 39.502, an electric utility | ||
subject to this subchapter that elects to deploy advanced metering | ||
and meter information networks may recover reasonable and necessary | ||
costs incurred in deploying advanced metering and meter information | ||
networks. An electric utility that elects to deploy advanced | ||
metering or meter information networks is subject to commission | ||
rules adopted under Sections 39.107(h), (h-1), and (k). The | ||
commission shall ensure that any deployment plan approved under | ||
this section and any related customer surcharge: | ||
(1) are not applicable to customer accounts that | ||
receive service at transmission voltage; and | ||
(2) are consistent with commission rules related to | ||
advanced metering systems regarding: | ||
(A) customer protections; | ||
(B) data security, privacy, and ownership; and | ||
(C) options given consumers to continue to | ||
receive service through a non-advanced meter. | ||
SECTION 5. Section 39.5521(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding Section 39.552, an electric utility | ||
subject to this subchapter that elects to deploy advanced metering | ||
and meter information networks may recover reasonable and necessary | ||
costs incurred in deploying advanced metering and meter information | ||
networks. An electric utility that elects to deploy advanced | ||
metering or meter information networks is subject to commission | ||
rules adopted under Sections 39.107(h), (h-1), and (k). The | ||
commission shall ensure that any deployment plan approved under | ||
this section and any related customer surcharge: | ||
(1) are not applicable to customer accounts that | ||
receive service at transmission voltage; and | ||
(2) are consistent with commission rules related to | ||
advanced metering systems regarding: | ||
(A) customer protections; | ||
(B) data security, privacy, and ownership; and | ||
(C) options given consumers to continue to | ||
receive service through a non-advanced meter. | ||
SECTION 6. 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. |