87R11600 BRG-D
By: Goodwin H.B. No. 3038
A BILL TO BE ENTITLED
AN ACT
relating to deployment of information technology and electric
distribution system upgrades to more equitably distribute rolling
blackouts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Utilities Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. UPGRADES FOR ROLLING BLACKOUTS
Sec. 38.151. ADVANCED METER DEPLOYMENT. (a) Each
transmission and distribution utility, municipally owned utility,
and electric cooperative shall install and connect to an
information network, for each customer, an advanced meter capable
of allowing the utility or cooperative to shut off the customer's
power when a rolling blackout is necessary.
(b) Notwithstanding any other law, a customer may not refuse
installation and connection of an advanced meter under this
section.
Sec. 38.152. ADVANCED METERING EQUIPMENT AND SOFTWARE. (a)
A transmission and distribution utility, municipally owned
utility, or electric cooperative shall develop or acquire the
equipment and software necessary to shut off a customer's power in
the event of a rolling blackout by using an advanced meter installed
and connected under Section 38.151.
(b) A utility or cooperative shall make software described
by Subsection (a) available to:
(1) a county or municipal government, for the purpose
of identifying critical load public safety customers; and
(2) a retail electric provider, for the purpose of
providing the utility or cooperative with a preferential order for
customer curtailment.
Sec. 38.153. UPGRADES TO DISTRIBUTION SYSTEM. (a) Each
transmission and distribution utility, municipally owned utility,
or electric cooperative shall make upgrades to the distribution
system operated by the utility or cooperative for the purpose of
more evenly distributing a rolling blackout.
(b) Upgrades made under Subsection (a) may include the
installation of additional under-frequency relays or energy
storage systems, if permitted.
(c) Each transmission and distribution utility, municipally
owned utility, or electric cooperative shall install
under-frequency relays throughout the distribution system operated
by the utility or cooperative and rotate which relays are active
every year.
Sec. 38.154. COST RECOVERY. A transmission and
distribution utility, municipally owned utility, or electric
cooperative may recover reasonable and necessary costs incurred in
deploying advanced meters under Section 38.151, developing or
acquiring equipment and software under Section 38.152, or making
upgrades to the distribution system operated by the utility or
cooperative under Section 38.153.
Sec. 38.155. ROLLING BLACKOUT PLAN. (a) Each utility or
cooperative shall make a plan for using advanced metering
technology, software, equipment, and other upgrades to a
distribution system authorized by this subchapter to deploy a
rolling blackout.
(b) A plan developed under Subsection (a) may include use of
both advanced metering technology and distribution feeders.
Sec. 38.156. CRITICAL LOAD DESIGNATION. (a) A critical
load public safety customer, as defined by commission rules,
includes the following:
(1) long-term care facilities;
(2) food pantries;
(3) homeless shelters
(4) temporary shelters identified by the county
government; and
(5) critical telecommunications facilities.
(b) The commission shall allow a county to designate a
critical load public safety customer.
(c) A transmission and distribution utility, municipally
owned utility, or electric cooperative shall identify customers in
the utility's or cooperative's service area who qualify as critical
load public safety customers under commission rules and are not
designated as critical load public safety customers.
(d) A utility or cooperative shall notify the following
entities of any critical load public safety customers identified
under Subsection (c):
(1) the commission;
(2) the independent system operator certified under
Section 39.151 for the ERCOT power region, if applicable; and
(3) a county or municipality where the customer
resides.
SECTION 2. (a) In this section, the term "transmission and
distribution utility" has the meaning assigned by Section 31.002,
Utilities Code.
(b) Not later than September 1, 2022, the Public Utility
Commission of Texas shall identify the best methods for
implementing Subchapter F, Chapter 38, Utilities Code, as added by
this Act, and adopt rules as necessary to reflect those methods and
implement the subchapter.
(c) A transmission and distribution utility, municipally
owned utility, or electric cooperative shall implement Sections
38.152, 38.153, 38.155, and 38.156, Utilities Code, as added by
this Act, not later than September 1, 2025, if the utility or
cooperative has installed and connected an advanced meter for each
customer before September 1, 2022, that:
(1) is capable of allowing the utility or cooperative
to shut off the customer's power when a rolling blackout is
necessary; and
(2) meets standards established by commission rules
adopted under Subsection (b) of this section.
(d) A transmission and distribution utility, municipally
owned utility, or electric cooperative shall implement Sections
38.152, 38.153, 38.155, and 38.156, Utilities Code, as added by
this Act, not later than September 1, 2026, if the utility or
cooperative has not installed and connected an advanced meter for
each customer before September 1, 2022, that:
(1) is capable of allowing the utility or cooperative
to shut off the customer's power when a rolling blackout is
necessary; and
(2) meets standards established by commission rules
adopted under Subsection (b) of this section.
(e) The Public Utility Commission of Texas may extend the
deadlines under Subsections (c) and (d) of this section by not more
than one year, on a case-by-case basis.
SECTION 3. This Act takes effect September 1, 2021.