Texas 2015 - 84th Regular

Texas House Bill HB3343 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Turner of Harris H.B. No. 3343
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the development of electricity demand response
7	7	programs.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 39.101(b), Utilities Code, is amended to
10	10	read as follows:
11	11	(b) A customer is entitled:
12	12	(1) to be informed about rights and opportunities in
13	13	the transition to a competitive electric industry;
14	14	(2) to choose the customer's retail electric provider
15	15	consistent with this chapter, to have that choice honored, and to
16	16	assume that the customer's chosen provider will not be changed
17	17	without the customer's informed consent;
18	18	(3) to have access to providers of energy efficiency
19	19	services, to on-site distributed generation, [and] to providers of
20	20	energy generated by renewable energy resources, and to
21	21	participation in demand response through demand response
22	22	providers;
23	23	(4) to be served by a provider of last resort that
24	24	offers a commission-approved standard service package;
25	25	(5) to receive sufficient information to make an
26	26	informed choice of service provider;
27	27	(6) to be protected from unfair, misleading, or
28	28	deceptive practices, including protection from being billed for
29	29	services that were not authorized or provided; and
30	30	(7) to have an impartial and prompt resolution of
31	31	disputes with its chosen retail electric provider and transmission
32	32	and distribution utility.
33	33	SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
34	34	amended by adding Section 39.9053 to read as follows:
35	35	Sec. 39.9053. DEMAND RESPONSE IN ERCOT. (a) The
36	36	legislature finds that electricity markets function most
37	37	efficiently when supply side and demand side resources both
38	38	contribute to the adequacy of the electric system. The legislature
39	39	also finds that ERCOT has not yet achieved its potential for demand
40	40	response, and, therefore, it is the policy of this state to promote
41	41	the development of demand response to its maximum potential and to
42	42	eliminate unnecessary barriers to demand response participation in
43	43	ERCOT.
44	44	(b) In this section:
45	45	(1) "Demand response" means changes in electric usage
46	46	by customers from their normal consumption patterns in response to:
47	47	(A) changes in the price of electricity use over
48	48	time; or
49	49	(B) incentive payments designed to induce lower
50	50	electricity use at times of high wholesale market prices or when the
51	51	system reliability is jeopardized.
52	52	(2) "Demand response provider" means a competitive
53	53	energy services provider that aggregates customer load reduction
54	54	capabilities, including reliability demand response capability,
55	55	and offers those capabilities into an electricity market or
56	56	program.
57	57	(3) "Reliability demand response" means demand
58	58	response to be dispatched by an independent system operator or a
59	59	distribution utility in response to an electric grid reliability
60	60	issue.
61	61	(c) The commission by rule shall:
62	62	(1) require the independent organization certified
63	63	under Section 39.151 for the ERCOT region to provide the commission
64	64	not less frequently than December 1 of each odd-numbered year with
65	65	an analysis of the potential demand response opportunity and
66	66	penetration in the ERCOT region;
67	67	(2) promote development of demand response
68	68	participation by customers in all customer classes;
69	69	(3) remove barriers to demand response participation
70	70	for demand response providers and for customers in all customer
71	71	classes;
72	72	(4) ensure that customers in all customer classes have
73	73	the option to contract for participation in demand response either
74	74	directly with one or more demand response providers, including
75	75	retail electric providers, with scheduling entities qualified by
76	76	the independent system operator, or with a combination of entities
77	77	consisting of the independent system operator and one or more
78	78	demand response providers;
79	79	(5) establish and encourage markets, products,
80	80	programs, or services for reliability demand response and other
81	81	forms of demand response in wholesale and retail markets; and
82	82	(6) provide opportunities for demand response
83	83	providers and customers to participate in wholesale energy markets
84	84	and ancillary services markets on a comparable basis with other
85	85	resources, while accommodating differences in operational
86	86	capabilities of various customer loads among customer classes,
87	87	including but not limited to differences related to availability,
88	88	dispatch notification timelines, curtailment response times, ramp
89	89	rates, curtailment duration, and times required to return to
90	90	service following an outage.
91	91	SECTION 3. The Public Utility Commission of Texas shall
92	92	adopt rules as necessary to implement Section 39.9053, Utilities
93	93	Code, as added by this Act, not later than May 1, 2016.
94	94	SECTION 4. This Act takes effect immediately if it receives
95	95	a vote of two-thirds of all the members elected to each house, as
96	96	provided by Section 39, Article III, Texas Constitution. If this
97	97	Act does not receive the vote necessary for immediate effect, this
98	98	Act takes effect September 1, 2015.