Texas 2011 - 82nd Regular

Texas Senate Bill SB943 Compare Versions

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Old	New	Differences
1	1	82R25943 ALL-D
2	2	By: Carona S.B. No. 943
3	3	(Anchia)
4	4	Substitute the following for S.B. No. 943: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the classification, use, and regulation of electric
10	10	energy storage equipment or facilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 31.002(10), Utilities Code, is amended
13	13	to read as follows:
14	14	(10) "Power generation company" means a person that:
15	15	(A) generates electricity that is intended to be
16	16	sold at wholesale, including the owner or operator of electric
17	17	energy storage equipment or facilities to which Subchapter E,
18	18	Chapter 35, applies;
19	19	(B) does not own a transmission or distribution
20	20	facility in this state other than an essential interconnecting
21	21	facility, a facility not dedicated to public use, or a facility
22	22	otherwise excluded from the definition of "electric utility" under
23	23	this section; and
24	24	(C) does not have a certificated service area,
25	25	although its affiliated electric utility or transmission and
26	26	distribution utility may have a certificated service area.
27	27	SECTION 2. Chapter 35, Utilities Code, is amended by adding
28	28	Subchapter E to read as follows:
29	29	SUBCHAPTER E. ELECTRIC ENERGY STORAGE
30	30	Sec. 35.151. ELECTRIC ENERGY STORAGE. This subchapter
31	31	applies to electric energy storage equipment or facilities that are
32	32	intended to provide energy or ancillary services at wholesale,
33	33	including electric energy storage equipment or facilities listed on
34	34	a power generation company's registration with the commission or,
35	35	for an exempt wholesale generator, on the generator's registration
36	36	with the Federal Energy Regulatory Commission.
37	37	Sec. 35.152. GENERATION ASSETS. (a) Electric energy
38	38	storage equipment or facilities that are intended to be used to sell
39	39	energy or ancillary services at wholesale are generation assets.
40	40	(b) The owner or operator of electric energy storage
41	41	equipment or facilities that are generation assets under Subsection
42	42	(a) is a power generation company and is required to register under
43	43	Section 39.351(a). The owner or operator of the equipment or
44	44	facilities is entitled to:
45	45	(1) interconnect the equipment or facilities;
46	46	(2) obtain transmission service for the equipment or
47	47	facilities; and
48	48	(3) use the equipment or facilities to sell
49	49	electricity or ancillary services at wholesale in a manner
50	50	consistent with the provisions of this title and commission rules
51	51	applicable to a power generation company or an exempt wholesale
52	52	generator.
53	53	(c) Notwithstanding Subsection (a), this section does not
54	54	affect a determination made by the commission in a final order
55	55	issued before December 31, 2010.
56	56	SECTION 3. Section 31.002(10), Utilities Code, as amended
57	57	by this Act, and Subchapter E, Chapter 35, Utilities Code, as added
58	58	by this Act, may not be construed to determine the regulatory
59	59	treatment of electricity acquired to charge electric energy storage
60	60	equipment or facilities and used solely for the purpose of later
61	61	sale as energy or ancillary services.
62	62	SECTION 4. (a) The Public Utility Commission of Texas
63	63	shall adopt or revise rules as necessary to implement this Act not
64	64	later than January 1, 2012.
65	65	(b) The Public Utility Commission of Texas shall ensure that
66	66	the Electric Reliability Council of Texas adopts or revises the
67	67	council's protocols, standards, and procedures to implement this
68	68	Act not later than April 1, 2012.
69	69	SECTION 5. This Act takes effect September 1, 2011.