Texas 2023 - 88th Regular

Texas Senate Bill SB1866

Filed
3/8/23  
Out of Senate Committee
4/18/23  
Voted on by Senate
4/25/23  
Out of House Committee
5/3/23  
Voted on by House
5/6/23  
Governor Action
5/19/23  

Caption

Relating to the use of customer-sited distributed generation facilities owned by certain non-ERCOT electric utilities.

Impact

The implementation of SB1866 is expected to affect the regulations regarding how non-ERCOT electric utilities manage and recover costs related to distributed generation facilities. The bill allows utilities to allocate costs for backup electric service between the host customers (essentially businesses or institutions) and the broader customer base of the utility. Notably, it provides that if a distribution generation facility is capable of supplying energy directly or disconnecting from the grid, the costs can be appropriately shared, thus fostering a more flexible and reliable energy framework which could prevent wider outages during emergencies.

Summary

Senate Bill 1866 pertains to the utilization of customer-sited distributed generation facilities owned by certain non-ERCOT electric utilities. It establishes a framework for these utilities to provide backup electric services via generation facilities installed on the electric utility's side of the retail meter. This legislation aims to formalize earlier pilot programs that allowed commercial entities, such as hospitals and municipalities, to collaborate with electric utilities in securing essential backup generation services during outages. By enabling these partnerships, SB1866 seeks to enhance energy reliability and independence for nonresidential customers in regions served by specific utilities outside the Electric Reliability Council of Texas (ERCOT).

Sentiment

Overall, the sentiment surrounding SB1866 is largely positive among its supporters who emphasize the importance of enabling organizations to safeguard their power supply. Proponents view the bill as a forward-thinking approach to energy regulation, allowing for innovative solutions that leverage local power generation. Conversely, some critics express concerns over the implications of cost allocation and the regulatory burdens that might arise from implementing these new frameworks. The dialogue suggests a general agreement on the need for backup generation services, but diverges on the best mechanisms to facilitate it and address financial responsibilities.

Contention

A prominent point of contention within the discussions of SB1866 involves the fiscal ramifications of the utility's cost recovery processes. While supporters argue for the necessity of the bill to promote energy reliability, there are apprehensions regarding how costs will be fairly divided among customers. Critics fear that traditional utility customers might end up subsidizing backup services for larger commercial customers, which could lead to increased bills for those with already tight budgets. Additionally, there may be discussions on ensuring that this bill doesn't inadvertently favor specific utility companies at the expense of equitable energy access for all customers.

Texas Constitutional Statutes Affected

Utilities Code

  • Chapter 36. Rates
    • Section: 215
    • Section: 215
    • Section: 215
    • Section: 215
    • Section: 215

Companion Bills

TX HB4287

Identical Relating to the use of customer-sited distributed generation facilities owned by certain non-ERCOT electric utilities.

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