1 | 1 | | 84R8424 GRM-F |
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2 | 2 | | By: Watson S.B. No. 1284 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the development of electricity demand response |
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8 | 8 | | programs. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 39.101(b), Utilities Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (b) A customer is entitled: |
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13 | 13 | | (1) to be informed about rights and opportunities in |
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14 | 14 | | the transition to a competitive electric industry; |
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15 | 15 | | (2) to choose the customer's retail electric provider |
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16 | 16 | | consistent with this chapter, to have that choice honored, and to |
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17 | 17 | | assume that the customer's chosen provider will not be changed |
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18 | 18 | | without the customer's informed consent; |
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19 | 19 | | (3) to have access to providers of energy efficiency |
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20 | 20 | | services, to on-site distributed generation, [and] to providers of |
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21 | 21 | | energy generated by renewable energy resources, and to |
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22 | 22 | | participation in demand response through demand response |
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23 | 23 | | providers; |
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24 | 24 | | (4) to be served by a provider of last resort that |
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25 | 25 | | offers a commission-approved standard service package; |
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26 | 26 | | (5) to receive sufficient information to make an |
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27 | 27 | | informed choice of service provider; |
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28 | 28 | | (6) to be protected from unfair, misleading, or |
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29 | 29 | | deceptive practices, including protection from being billed for |
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30 | 30 | | services that were not authorized or provided; and |
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31 | 31 | | (7) to have an impartial and prompt resolution of |
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32 | 32 | | disputes with its chosen retail electric provider and transmission |
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33 | 33 | | and distribution utility. |
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34 | 34 | | SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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35 | 35 | | amended by adding Section 39.9053 to read as follows: |
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36 | 36 | | Sec. 39.9053. DEMAND RESPONSE IN ERCOT. (a) The |
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37 | 37 | | legislature finds that electricity markets function most |
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38 | 38 | | efficiently when supply side and demand side resources both |
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39 | 39 | | contribute to the adequacy of the electric system. The legislature |
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40 | 40 | | also finds that ERCOT has not yet achieved its potential for demand |
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41 | 41 | | response, and, therefore, it is the policy of this state to promote |
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42 | 42 | | the development of demand response to its maximum potential and to |
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43 | 43 | | eliminate unnecessary barriers to demand response participation in |
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44 | 44 | | ERCOT. |
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45 | 45 | | (b) In this section: |
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46 | 46 | | (1) "Demand response" means changes in electric usage |
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47 | 47 | | by customers from their normal consumption patterns in response to: |
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48 | 48 | | (A) changes in the price of electricity use over |
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49 | 49 | | time; or |
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50 | 50 | | (B) incentive payments designed to induce lower |
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51 | 51 | | electricity use at times of high wholesale market prices or when the |
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52 | 52 | | system reliability is jeopardized. |
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53 | 53 | | (2) "Demand response provider" means a competitive |
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54 | 54 | | energy services provider that aggregates customer load reduction |
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55 | 55 | | capabilities, including reliability demand response capability, |
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56 | 56 | | and offers those capabilities into an electricity market or |
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57 | 57 | | program. |
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58 | 58 | | (3) "Reliability demand response" means demand |
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59 | 59 | | response to be dispatched by an independent system operator or a |
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60 | 60 | | distribution utility in response to an electric grid reliability |
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61 | 61 | | issue. |
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62 | 62 | | (c) The commission by rule shall: |
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63 | 63 | | (1) require the independent organization certified |
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64 | 64 | | under Section 39.151 for the ERCOT region to provide the commission |
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65 | 65 | | not less frequently than December 1 of each odd-numbered year with |
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66 | 66 | | an analysis of the potential demand response opportunity and |
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67 | 67 | | penetration in the ERCOT region; |
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68 | 68 | | (2) promote development of demand response |
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69 | 69 | | participation by customers in all customer classes; |
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70 | 70 | | (3) remove barriers to demand response participation |
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71 | 71 | | for demand response providers and for customers in all customer |
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72 | 72 | | classes; |
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73 | 73 | | (4) ensure that customers in all customer classes have |
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74 | 74 | | the option to contract for participation in demand response either |
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75 | 75 | | directly with one or more demand response providers, including |
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76 | 76 | | retail electric providers, with scheduling entities qualified by |
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77 | 77 | | the independent system operator, or with a combination of entities |
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78 | 78 | | consisting of the independent system operator and one or more |
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79 | 79 | | demand response providers; |
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80 | 80 | | (5) establish and encourage markets, products, |
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81 | 81 | | programs, or services for reliability demand response and other |
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82 | 82 | | forms of demand response in wholesale and retail markets; and |
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83 | 83 | | (6) provide opportunities for demand response |
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84 | 84 | | providers and customers to participate in wholesale energy markets |
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85 | 85 | | and ancillary services markets on a comparable basis with other |
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86 | 86 | | resources, while accommodating differences in operational |
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87 | 87 | | capabilities of various customer loads among customer classes, |
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88 | 88 | | including but not limited to differences related to availability, |
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89 | 89 | | dispatch notification timelines, curtailment response times, ramp |
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90 | 90 | | rates, curtailment duration, and times required to return to |
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91 | 91 | | service following an outage. |
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92 | 92 | | SECTION 3. The Public Utility Commission of Texas shall |
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93 | 93 | | adopt rules as necessary to implement Section 39.9053, Utilities |
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94 | 94 | | Code, as added by this Act, not later than May 1, 2016. |
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95 | 95 | | SECTION 4. This Act takes effect immediately if it receives |
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96 | 96 | | a vote of two-thirds of all the members elected to each house, as |
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97 | 97 | | provided by Section 39, Article III, Texas Constitution. If this |
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98 | 98 | | Act does not receive the vote necessary for immediate effect, this |
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99 | 99 | | Act takes effect September 1, 2015. |
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