H.B. No. 3390         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