By: Patterson H.B. No. 1951
A BILL TO BE ENTITLED
AN ACT
relating to electricity pricing rules and operating procedures that
eliminate or compensate for market distortion caused by certain
federal tax credits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 39, Utilities Code, is
amended by adding Section 39.159 to read as follows:
Sec. 39.159. MARKET DISTORTION RESPONSE. (a) The
commission and the ERCOT independent system operator shall adopt
rules, operating procedures, and protocols to eliminate or
compensate for any distortion in electricity pricing in the ERCOT
power region caused by a federal tax credit provided under 26 U.S.C.
Section 45.
(b) Rules, operating procedures, and protocols adopted
under this section must ensure that costs imposed on the system by
the sale of electricity that is eligible for a federal tax credit
provided under 26 U.S.C. Section 45, including costs of maintaining
sufficient capacity to serve load at the summer peak demand caused
by the loss of new investment from below-market prices, are paid by
the parties that impose the costs.
(c) In conjunction with adopting rules, operating
procedures, and protocols under this section, the commission and
the ERCOT independent system operator shall eliminate any rules,
operating procedures, or protocols that attempt to adjust
electricity prices to reflect the value of reserves at different
reserve levels based on the probability of reserves falling below
the minimum contingency level and the value of lost load.
SECTION 2. This Act takes effect September 1, 2021.