By: King of Parker H.B. No. 2483
A BILL TO BE ENTITLED
AN ACT
Relating to utility facilities for restoring service after
widespread outage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.918 to read as follows:
Sec. 39.918. UTILITY FACILITIES FOR RESTORING SERVICE AFTER
WIDESPREAD OUTAGE. (a) In this section, "widespread outage" means
any event that results in an electric power outage affecting a
significant number of distribution customers of a transmission and
distribution utility that results in a risk to the public's safety.
(b) Notwithstanding any provision in this subtitle, a
transmission and distribution utility may lease or own and operate
facilities that provide temporary, emergency electric energy to aid
in restoration of service to its own distribution customers during
a widespread outage.
(c) A transmission and distribution utility may procure and
own, or enter into a cooperative agreement with other utilities to
jointly procure and own, long lead time facilities that would aid in
restoration of electric service for its own distribution customers
following a widespread outage.
(d) The commission shall permit a transmission and
distribution utility that leases or owns and operates facilities
under this section to recover the costs of leasing or ownership and
operation of the facilities, using the rate of return on investment
established in the final order of the utility's most recent base
rate proceeding. The commission shall also authorize a utility to
defer incremental operations and maintenance expenses associated
with the leasing or ownership of the facilities for recovery in a
future ratemaking proceeding. A utility may request recovery of
the costs of leasing or ownership and operation of the facilities
under this section, including any deferred expenses, through a
proceeding under Section 26.210 or in another ratemaking
proceeding. At the time the utility seeks cost recovery of the
facilities, it shall submit an analysis of the costs and benefits of
owning versus leasing the facilities, if the facilities are
available in the competitive marketplace.
SECTION 2. This Act takes effect September 1, 2021.