Texas 2009 - 81st Regular

Texas House Bill HB3546 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11687 JJT-D
2	2	By: Elkins H.B. No. 3546
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a study of the provision of retail electric service and
8	8	the regulation of components of the electric utilities industry.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. (a) The Public Utility Commission of Texas shall
11	11	conduct a study of the conditions under which electric service is
12	12	provided to retail customers in this state.
13	13	(b) The state energy conservation office shall assist the
14	14	commission as requested.
15	15	(c) The study must examine:
16	16	(1) prices and reliability of retail electric service
17	17	in this state, including a comparison of prices and degrees of
18	18	reliability of service in:
19	19	(A) urban and rural areas of this state;
20	20	(B) different geographic regions of this state;
21	21	and
22	22	(C) regulated and deregulated retail electric
23	23	service areas of this state;
24	24	(2) prices and degrees of reliability of retail
25	25	electric service in this state as compared to the prices and degrees
26	26	of reliability of service in other states with regulated,
27	27	deregulated, or mixed regulated and deregulated retail electric
28	28	service; and
29	29	(3) factors related to differences in prices and
30	30	degrees of reliability of retail electric service shown by
31	31	comparisons made under Subdivisions (1) and (2) of this subsection,
32	32	including:
33	33	(A) differences in the generation and
34	34	transmission of electric power among various urban, rural,
35	35	regulated, and deregulated areas, including:
36	36	(i) differences in the ages of generating
37	37	and transmission facilities prevalent in the areas considered;
38	38	(ii) differences in the types of generation
39	39	and transmission technologies prevalent in the areas considered;
40	40	(iii) differences in fuel types used for
41	41	generation of electric power in the areas considered; and
42	42	(iv) other factors the commission considers
43	43	relevant, including economies of scale, power transmission
44	44	distances, rates of adoption of distributed generation
45	45	technologies and renewable energy technologies for electric power
46	46	generation, rates of adoption of demand response, load management,
47	47	and energy efficiency measures; and
48	48	(B) differences in the structure of retail
49	49	electric service markets among various urban, rural, regulated, and
50	50	deregulated areas.
51	51	SECTION 2. The Public Utility Commission of Texas, as part
52	52	of the study conducted under this Act, shall examine and compare the
53	53	history of retail electric service prices and degrees of
54	54	reliability in the following states:
55	55	(1) Arizona;
56	56	(2) Arkansas;
57	57	(3) California;
58	58	(4) Illinois;
59	59	(5) Montana;
60	60	(6) Nevada;
61	61	(7) New Mexico;
62	62	(8) Ohio;
63	63	(9) Oregon;
64	64	(10) Pennsylvania;
65	65	(11) Virginia; and
66	66	(12) any other state that has pursued retail electric
67	67	service restructuring to provide for customer choice but that
68	68	subsequently has significantly amended its laws on the subject.
69	69	SECTION 3. (a) The Public Utility Commission of Texas,
70	70	based on information collected and conclusions drawn from the study
71	71	conducted under Sections 1 and 2 of this Act, shall develop
72	72	alternative retail electric service market restructuring plans
73	73	under which retail electric service in this state or in certain
74	74	areas of this state may be made the most affordable and reliable. A
75	75	plan developed under this section must include specific legislative
76	76	or rulemaking proposals necessary or convenient to implement the
77	77	plan.
78	78	(b) A plan developed under Subsection (a) of this section
79	79	may provide for re-regulation of one or more components of the
80	80	retail electric service market in one or more areas of this state in
81	81	which customer choice has been implemented.
82	82	(c) The Public Utility Commission of Texas, based on
83	83	information collected and conclusions drawn from the study
84	84	conducted under Sections 1 and 2 of this Act, shall determine
85	85	whether retail electric service in those areas of this state in
86	86	which customer choice has not been implemented will likely be more
87	87	affordable and reliable if customer choice is delayed or not
88	88	implemented. The commission shall make recommendations for any
89	89	necessary legislative or rulemaking action the commission
90	90	determines would make retail electric service the most affordable
91	91	and reliable in those areas.
92	92	SECTION 4. (a) The Public Utility Commission of Texas shall
93	93	prepare a report on the information collected and conclusions drawn
94	94	as a result of the study conducted under Sections 1 and 2 of this Act
95	95	and the recommendations made under Section 3 of this Act as a result
96	96	of the study.
97	97	(b) The Public Utility Commission of Texas shall:
98	98	(1) present the report prepared under this section to:
99	99	(A) the governor;
100	100	(B) the lieutenant governor;
101	101	(C) the speaker of the house of representatives;
102	102	and
103	103	(D) each standing or interim committee of the
104	104	legislature that has jurisdiction over the commission or a
105	105	component of retail electric service provision in this state; and
106	106	(2) publish the report on the commission's Internet
107	107	website for public access.
108	108	SECTION 5. This Act takes effect immediately if it receives
109	109	a vote of two-thirds of all the members elected to each house, as
110	110	provided by Section 39, Article III, Texas Constitution. If this
111	111	Act does not receive the vote necessary for immediate effect, this
112	112	Act takes effect September 1, 2009.