Texas 2015 - 84th Regular

Texas Senate Bill SB1284 Compare Versions

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11 84R8424 GRM-F
22 By: Watson S.B. No. 1284
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the development of electricity demand response
88 programs.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 39.101(b), Utilities Code, is amended to
1111 read as follows:
1212 (b) A customer is entitled:
1313 (1) to be informed about rights and opportunities in
1414 the transition to a competitive electric industry;
1515 (2) to choose the customer's retail electric provider
1616 consistent with this chapter, to have that choice honored, and to
1717 assume that the customer's chosen provider will not be changed
1818 without the customer's informed consent;
1919 (3) to have access to providers of energy efficiency
2020 services, to on-site distributed generation, [and] to providers of
2121 energy generated by renewable energy resources, and to
2222 participation in demand response through demand response
2323 providers;
2424 (4) to be served by a provider of last resort that
2525 offers a commission-approved standard service package;
2626 (5) to receive sufficient information to make an
2727 informed choice of service provider;
2828 (6) to be protected from unfair, misleading, or
2929 deceptive practices, including protection from being billed for
3030 services that were not authorized or provided; and
3131 (7) to have an impartial and prompt resolution of
3232 disputes with its chosen retail electric provider and transmission
3333 and distribution utility.
3434 SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
3535 amended by adding Section 39.9053 to read as follows:
3636 Sec. 39.9053. DEMAND RESPONSE IN ERCOT. (a) The
3737 legislature finds that electricity markets function most
3838 efficiently when supply side and demand side resources both
3939 contribute to the adequacy of the electric system. The legislature
4040 also finds that ERCOT has not yet achieved its potential for demand
4141 response, and, therefore, it is the policy of this state to promote
4242 the development of demand response to its maximum potential and to
4343 eliminate unnecessary barriers to demand response participation in
4444 ERCOT.
4545 (b) In this section:
4646 (1) "Demand response" means changes in electric usage
4747 by customers from their normal consumption patterns in response to:
4848 (A) changes in the price of electricity use over
4949 time; or
5050 (B) incentive payments designed to induce lower
5151 electricity use at times of high wholesale market prices or when the
5252 system reliability is jeopardized.
5353 (2) "Demand response provider" means a competitive
5454 energy services provider that aggregates customer load reduction
5555 capabilities, including reliability demand response capability,
5656 and offers those capabilities into an electricity market or
5757 program.
5858 (3) "Reliability demand response" means demand
5959 response to be dispatched by an independent system operator or a
6060 distribution utility in response to an electric grid reliability
6161 issue.
6262 (c) The commission by rule shall:
6363 (1) require the independent organization certified
6464 under Section 39.151 for the ERCOT region to provide the commission
6565 not less frequently than December 1 of each odd-numbered year with
6666 an analysis of the potential demand response opportunity and
6767 penetration in the ERCOT region;
6868 (2) promote development of demand response
6969 participation by customers in all customer classes;
7070 (3) remove barriers to demand response participation
7171 for demand response providers and for customers in all customer
7272 classes;
7373 (4) ensure that customers in all customer classes have
7474 the option to contract for participation in demand response either
7575 directly with one or more demand response providers, including
7676 retail electric providers, with scheduling entities qualified by
7777 the independent system operator, or with a combination of entities
7878 consisting of the independent system operator and one or more
7979 demand response providers;
8080 (5) establish and encourage markets, products,
8181 programs, or services for reliability demand response and other
8282 forms of demand response in wholesale and retail markets; and
8383 (6) provide opportunities for demand response
8484 providers and customers to participate in wholesale energy markets
8585 and ancillary services markets on a comparable basis with other
8686 resources, while accommodating differences in operational
8787 capabilities of various customer loads among customer classes,
8888 including but not limited to differences related to availability,
8989 dispatch notification timelines, curtailment response times, ramp
9090 rates, curtailment duration, and times required to return to
9191 service following an outage.
9292 SECTION 3. The Public Utility Commission of Texas shall
9393 adopt rules as necessary to implement Section 39.9053, Utilities
9494 Code, as added by this Act, not later than May 1, 2016.
9595 SECTION 4. This Act takes effect immediately if it receives
9696 a vote of two-thirds of all the members elected to each house, as
9797 provided by Section 39, Article III, Texas Constitution. If this
9898 Act does not receive the vote necessary for immediate effect, this
9999 Act takes effect September 1, 2015.