1 | 1 | | 87R10993 JXC-D |
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2 | 2 | | By: Vasut H.B. No. 2786 |
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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 load shedding participation for certain customers |
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8 | 8 | | during a rolling blackout. |
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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. Subchapter D, Chapter 38, Utilities Code, is |
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11 | 11 | | amended by adding Section 38.074 to read as follows: |
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12 | 12 | | Sec. 38.074. EXCLUSION OF CRITICAL CUSTOMERS FROM ROLLING |
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13 | 13 | | BLACKOUTS. (a) In this section: |
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14 | 14 | | (1) "Assisted living facility" has the meaning |
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15 | 15 | | assigned by Section 247.002, Health and Safety Code. |
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16 | 16 | | (2) "Critical customer" means a customer for whom |
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17 | 17 | | electric service is considered crucial for the protection or |
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18 | 18 | | maintenance of public safety, including a: |
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19 | 19 | | (A) hospital facility licensed under Chapter |
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20 | 20 | | 241, Health and Safety Code; |
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21 | 21 | | (B) nursing facility, assisted living facility, |
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22 | 22 | | or facility that provides hospice services; |
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23 | 23 | | (C) police or fire station; or |
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24 | 24 | | (D) critical water and wastewater facility. |
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25 | 25 | | (3) "Critical industrial or residential customer" |
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26 | 26 | | means: |
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27 | 27 | | (A) an industrial customer for whom an |
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28 | 28 | | interruption or suspension of electric service would create a |
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29 | 29 | | dangerous or life-threatening condition on the customer's |
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30 | 30 | | premises; or |
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31 | 31 | | (B) a residential customer who has a person |
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32 | 32 | | permanently residing in the customer's home who has been diagnosed |
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33 | 33 | | by a physician as: |
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34 | 34 | | (i) having a serious medical condition that |
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35 | 35 | | requires an electric-powered medical device or electric heating or |
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36 | 36 | | cooling to prevent the impairment of a major life function through a |
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37 | 37 | | significant deterioration or exacerbation of the person's medical |
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38 | 38 | | condition; or |
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39 | 39 | | (ii) being dependent upon an |
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40 | 40 | | electric-powered medical device to sustain life. |
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41 | 41 | | (4) "Hospice services" has the meaning assigned by |
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42 | 42 | | Section 142.001, Health and Safety Code. |
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43 | 43 | | (5) "Nursing facility" has the meaning assigned by |
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44 | 44 | | Section 242.301, Health and Safety Code. |
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45 | 45 | | (b) Except as provided by Subsections (c) and (d), the |
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46 | 46 | | commission by rule shall require each electric utility, municipally |
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47 | 47 | | owned utility, and electric cooperative that is subject to a |
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48 | 48 | | rolling blackout initiated by an independent organization |
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49 | 49 | | certified under Section 39.151 to: |
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50 | 50 | | (1) exclude any parts of the utility's or |
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51 | 51 | | cooperative's distribution system that provide power to a critical |
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52 | 52 | | customer from participation in the utility's or cooperative's |
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53 | 53 | | attempt to shed load; and |
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54 | 54 | | (2) rotate curtailment of all other parts of the |
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55 | 55 | | distribution system so that no customer is subject to an outage of |
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56 | 56 | | more than: |
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57 | 57 | | (A) 24 hours; or |
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58 | 58 | | (B) 12 hours during an extreme weather emergency, |
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59 | 59 | | as defined by Section 39.101. |
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60 | 60 | | (c) The commission may allow an electric utility, |
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61 | 61 | | municipally owned utility, or electric cooperative to maintain an |
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62 | 62 | | outage for more than 24 hours for a part of the distribution system |
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63 | 63 | | if necessary to supply critical customers. |
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64 | 64 | | (d) The commission may require that an electric utility, |
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65 | 65 | | municipally owned utility, or electric cooperative exclude a |
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66 | 66 | | critical industrial or residential customer from load shedding |
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67 | 67 | | under Subsection (b)(1). |
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68 | 68 | | SECTION 2. This Act takes effect September 1, 2021. |
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