82R9944 ALL-D By: Strama H.B. No. 2766 A BILL TO BE ENTITLED AN ACT relating to the use of energy storage equipment or facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.157, Utilities Code, is amended by adding Subsections (b-1) and (b-2) to read as follows: (b-1) The commission by rule shall establish criteria by which: (1) a transmission and distribution utility for reliability purposes may own and operate energy storage equipment or facilities; and (2) a power generation company, retail electric provider, and retail electric customer for market purposes may own and operate energy storage equipment or facilities. (b-2) The commission by rule shall establish the appropriate settlement treatment of electric energy flowing into and out of energy storage equipment or facilities deployed by a: (1) transmission and distribution utility; or (2) power generation company, retail electric provider, or retail electric customer. SECTION 2. 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, 2011.