Texas 2009 - 81st Regular

Texas Senate Bill SB1191 Compare Versions

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11 By: Ellis S.B. No. 1191
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to this state's goal for reducing statewide peak electric
77 demand through demand response and load management programs.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 39.905(a), Utilities Code, is amended to
1010 read as follows:
1111 (a) It is the goal of the legislature that:
1212 (1) electric utilities will administer energy
1313 efficiency incentive programs in a market-neutral,
1414 nondiscriminatory manner but will not offer underlying competitive
1515 services;
1616 (2) all customers, in all customer classes, will have
1717 a choice of and access to energy efficiency alternatives and other
1818 choices from the market that allow each customer to reduce energy
1919 consumption, peak demand, or energy costs;
2020 (3) each electric utility will provide, through
2121 market-based standard offer programs or limited, targeted,
2222 market-transformation programs, incentives sufficient for retail
2323 electric providers and competitive energy service providers to
2424 acquire additional cost-effective energy efficiency for
2525 residential and commercial customers equivalent to at least:
2626 (A) 10 percent of the electric utility's annual
2727 growth in demand of residential and commercial customers by
2828 December 31, 2007;
2929 (B) 15 percent of the electric utility's annual
3030 growth in demand of residential and commercial customers by
3131 December 31, 2008, provided that the electric utility's program
3232 expenditures for 2008 funding may not be greater than 75 percent
3333 above the utility's program budget for 2007 for residential and
3434 commercial customers, as included in the April 1, 2006, filing; and
3535 (C) 20 percent of the electric utility's annual
3636 growth in demand of residential and commercial customers by
3737 December 31, 2009, provided that the electric utility's program
3838 expenditures for 2009 funding may not be greater than 150 percent
3939 above the utility's program budget for 2007 for residential and
4040 commercial customers, as included in the April 1, 2006, filing;
4141 (4) each electric utility in the ERCOT region shall
4242 use its best efforts to encourage and facilitate the involvement of
4343 the region's retail electric providers in the delivery of
4444 efficiency programs and demand response programs under this
4545 section;
4646 (5) retail electric providers in the ERCOT region, and
4747 electric utilities outside of the ERCOT region, shall provide
4848 customers with energy efficiency educational materials; [and]
4949 (6) notwithstanding Subsection (a)(3), electric
5050 utilities shall continue to make available, at 2007 funding and
5151 participation levels, any load management standard offer programs
5252 developed for industrial customers and implemented prior to May 1,
5353 2007; and
5454 (7) each electric utility shall implement load
5555 management and demand response programs sufficient to achieve, in
5656 addition to any reduction resulting from a program in existence on
5757 January 1, 2009, reductions in that utility's peak demand in
5858 amounts equivalent to at least:
5959 (A) one percent by December 31, 2010;
6060 (B) two percent by December 31, 2012;
6161 (C) three percent by December 31, 2014;
6262 (D) four percent by December 31, 2016; and
6363 (E) five percent by December 31, 2018.
6464 SECTION 2. This Act takes effect immediately if it receives
6565 a vote of two-thirds of all the members elected to each house, as
6666 provided by Section 39, Article III, Texas Constitution. If this
6767 Act does not receive the vote necessary for immediate effect, this
6868 Act takes effect September 1, 2009.