| 1 | 1 | | By: Pitts, et al. (Senate Sponsor - Eltife) H.B. No. 1064 |
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| 2 | 2 | | (In the Senate - Received from the House April 20, 2011; |
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| 3 | 3 | | April 26, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Business and Commerce; May 3, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 8, Nays 0; May 3, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to exempting certain customers from certain demand charges |
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| 11 | 11 | | by transmission and distribution utilities. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 36, Utilities Code, is |
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| 14 | 14 | | amended by adding Section 36.009 to read as follows: |
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| 15 | 15 | | Sec. 36.009. BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS. |
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| 16 | 16 | | Notwithstanding any other provision of this code, the commission by |
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| 17 | 17 | | rule shall require a transmission and distribution utility to: |
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| 18 | 18 | | (1) waive the application of demand ratchet provisions |
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| 19 | 19 | | for each nonresidential secondary service customer that has a |
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| 20 | 20 | | maximum load factor equal to or below a factor set by commission |
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| 21 | 21 | | rule; |
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| 22 | 22 | | (2) implement procedures to verify annually whether |
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| 23 | 23 | | each nonresidential secondary service customer has a maximum load |
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| 24 | 24 | | factor that qualifies the customer for the waiver described by |
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| 25 | 25 | | Subdivision (1); |
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| 26 | 26 | | (3) specify in the utility's tariff whether the |
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| 27 | 27 | | utility's nonresidential secondary service customers that qualify |
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| 28 | 28 | | for the waiver described by Subdivision (1) are to be billed for |
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| 29 | 29 | | distribution service charges on the basis of: |
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| 30 | 30 | | (A) kilowatts; |
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| 31 | 31 | | (B) kilowatt-hours; or |
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| 32 | 32 | | (C) kilovolt-amperes; and |
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| 33 | 33 | | (4) modify the utility's tariff in the utility's next |
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| 34 | 34 | | base rate case to implement the waiver described by Subdivision (1) |
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| 35 | 35 | | and make the specification required by Subdivision (3). |
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| 36 | 36 | | SECTION 2. The Public Utility Commission of Texas shall |
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| 37 | 37 | | adopt rules as necessary to implement Section 36.009, Utilities |
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| 38 | 38 | | Code, as added by this Act, before June 1, 2012. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2011. |
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| 44 | 44 | | * * * * * |
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