Texas 2013 - 83rd Regular

Texas Senate Bill SB1351 Compare Versions

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1	1	By: Carona S.B. No. 1351
2	2	(In the Senate - Filed March 7, 2013; March 18, 2013, read
3	3	first time and referred to Committee on Business and Commerce;
4	4	May 1, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0; May 1, 2013, sent
6	6	to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1351 By: Carona
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to demand-side electric energy resources in the
13	13	competitive electric market.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter D, Chapter 39, Utilities Code, is
16	16	amended by adding Section 39.160 to read as follows:
17	17	Sec. 39.160. LOAD PARTICIPATION REQUIREMENTS. The
18	18	commission and the independent organization certified under
19	19	Section 39.151 for each power region shall allow load participation
20	20	in all energy markets for residential, commercial, and industrial
21	21	customer classes, directly or through aggregators of retail
22	22	customers, to the extent that load participation by each customer
23	23	class complies with requirements of the independent organization
24	24	for ensuring reliability and adequacy of the regional electric
25	25	network. The load participation must be designed and implemented
26	26	in a manner to increase market efficiency, competition, and
27	27	customer benefits.
28	28	SECTION 2. Subsection (b), Section 39.905, Utilities Code,
29	29	is amended to read as follows:
30	30	(b) The commission shall provide oversight and adopt rules
31	31	and procedures to ensure that the utilities can achieve the goal of
32	32	this section, including:
33	33	(1) establishing an energy efficiency cost recovery
34	34	factor for ensuring timely and reasonable cost recovery for utility
35	35	expenditures made to satisfy the goal of this section;
36	36	(2) establishing an incentive under Section 36.204 to
37	37	reward utilities administering programs under this section that
38	38	exceed the minimum goals established by this section;
39	39	(3) providing a utility that is unable to establish an
40	40	energy efficiency cost recovery factor in a timely manner due to a
41	41	rate freeze with a mechanism to enable the utility to:
42	42	(A) defer the costs of complying with this
43	43	section; and
44	44	(B) recover the deferred costs through an energy
45	45	efficiency cost recovery factor on the expiration of the rate
46	46	freeze period;
47	47	(4) ensuring that the costs associated with programs
48	48	provided under this section and any shareholder bonus awarded are
49	49	borne by the customer classes that receive the services under the
50	50	programs;
51	51	(5) ensuring the program rules encourage the value of
52	52	the incentives to be passed on to the end-use customer; and
53	53	(6) ensuring that programs are evaluated, measured,
54	54	and verified using a framework established by the commission that
55	55	promotes effective program design and consistent and streamlined
56	56	reporting[; and
57	57	[(7) ensuring that an independent organization
58	58	certified under Section 39.151 allows load participation in all
59	59	energy markets for residential, commercial, and industrial
60	60	customer classes, either directly or through aggregators of retail
61	61	customers, to the extent that load participation by each of those
62	62	customer classes complies with reasonable requirements adopted by
63	63	the organization relating to the reliability and adequacy of the
64	64	regional electric network and in a manner that will increase market
65	65	efficiency, competition, and customer benefits].
66	66	SECTION 3. This Act takes effect September 1, 2013.
67	67	* * * * *