Texas 2021 - 87th Regular

Texas House Bill HB3038 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11600 BRG-D
2	2	By: Goodwin H.B. No. 3038
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to deployment of information technology and electric
8	8	distribution system upgrades to more equitably distribute rolling
9	9	blackouts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 38, Utilities Code, is amended by adding
12	12	Subchapter F to read as follows:
13	13	SUBCHAPTER F. UPGRADES FOR ROLLING BLACKOUTS
14	14	Sec. 38.151. ADVANCED METER DEPLOYMENT. (a) Each
15	15	transmission and distribution utility, municipally owned utility,
16	16	and electric cooperative shall install and connect to an
17	17	information network, for each customer, an advanced meter capable
18	18	of allowing the utility or cooperative to shut off the customer's
19	19	power when a rolling blackout is necessary.
20	20	(b) Notwithstanding any other law, a customer may not refuse
21	21	installation and connection of an advanced meter under this
22	22	section.
23	23	Sec. 38.152. ADVANCED METERING EQUIPMENT AND SOFTWARE. (a)
24	24	A transmission and distribution utility, municipally owned
25	25	utility, or electric cooperative shall develop or acquire the
26	26	equipment and software necessary to shut off a customer's power in
27	27	the event of a rolling blackout by using an advanced meter installed
28	28	and connected under Section 38.151.
29	29	(b) A utility or cooperative shall make software described
30	30	by Subsection (a) available to:
31	31	(1) a county or municipal government, for the purpose
32	32	of identifying critical load public safety customers; and
33	33	(2) a retail electric provider, for the purpose of
34	34	providing the utility or cooperative with a preferential order for
35	35	customer curtailment.
36	36	Sec. 38.153. UPGRADES TO DISTRIBUTION SYSTEM. (a) Each
37	37	transmission and distribution utility, municipally owned utility,
38	38	or electric cooperative shall make upgrades to the distribution
39	39	system operated by the utility or cooperative for the purpose of
40	40	more evenly distributing a rolling blackout.
41	41	(b) Upgrades made under Subsection (a) may include the
42	42	installation of additional under-frequency relays or energy
43	43	storage systems, if permitted.
44	44	(c) Each transmission and distribution utility, municipally
45	45	owned utility, or electric cooperative shall install
46	46	under-frequency relays throughout the distribution system operated
47	47	by the utility or cooperative and rotate which relays are active
48	48	every year.
49	49	Sec. 38.154. COST RECOVERY. A transmission and
50	50	distribution utility, municipally owned utility, or electric
51	51	cooperative may recover reasonable and necessary costs incurred in
52	52	deploying advanced meters under Section 38.151, developing or
53	53	acquiring equipment and software under Section 38.152, or making
54	54	upgrades to the distribution system operated by the utility or
55	55	cooperative under Section 38.153.
56	56	Sec. 38.155. ROLLING BLACKOUT PLAN. (a) Each utility or
57	57	cooperative shall make a plan for using advanced metering
58	58	technology, software, equipment, and other upgrades to a
59	59	distribution system authorized by this subchapter to deploy a
60	60	rolling blackout.
61	61	(b) A plan developed under Subsection (a) may include use of
62	62	both advanced metering technology and distribution feeders.
63	63	Sec. 38.156. CRITICAL LOAD DESIGNATION. (a) A critical
64	64	load public safety customer, as defined by commission rules,
65	65	includes the following:
66	66	(1) long-term care facilities;
67	67	(2) food pantries;
68	68	(3) homeless shelters
69	69	(4) temporary shelters identified by the county
70	70	government; and
71	71	(5) critical telecommunications facilities.
72	72	(b) The commission shall allow a county to designate a
73	73	critical load public safety customer.
74	74	(c) A transmission and distribution utility, municipally
75	75	owned utility, or electric cooperative shall identify customers in
76	76	the utility's or cooperative's service area who qualify as critical
77	77	load public safety customers under commission rules and are not
78	78	designated as critical load public safety customers.
79	79	(d) A utility or cooperative shall notify the following
80	80	entities of any critical load public safety customers identified
81	81	under Subsection (c):
82	82	(1) the commission;
83	83	(2) the independent system operator certified under
84	84	Section 39.151 for the ERCOT power region, if applicable; and
85	85	(3) a county or municipality where the customer
86	86	resides.
87	87	SECTION 2. (a) In this section, the term "transmission and
88	88	distribution utility" has the meaning assigned by Section 31.002,
89	89	Utilities Code.
90	90	(b) Not later than September 1, 2022, the Public Utility
91	91	Commission of Texas shall identify the best methods for
92	92	implementing Subchapter F, Chapter 38, Utilities Code, as added by
93	93	this Act, and adopt rules as necessary to reflect those methods and
94	94	implement the subchapter.
95	95	(c) A transmission and distribution utility, municipally
96	96	owned utility, or electric cooperative shall implement Sections
97	97	38.152, 38.153, 38.155, and 38.156, Utilities Code, as added by
98	98	this Act, not later than September 1, 2025, if the utility or
99	99	cooperative has installed and connected an advanced meter for each
100	100	customer before September 1, 2022, that:
101	101	(1) is capable of allowing the utility or cooperative
102	102	to shut off the customer's power when a rolling blackout is
103	103	necessary; and
104	104	(2) meets standards established by commission rules
105	105	adopted under Subsection (b) of this section.
106	106	(d) A transmission and distribution utility, municipally
107	107	owned utility, or electric cooperative shall implement Sections
108	108	38.152, 38.153, 38.155, and 38.156, Utilities Code, as added by
109	109	this Act, not later than September 1, 2026, if the utility or
110	110	cooperative has not installed and connected an advanced meter for
111	111	each customer before September 1, 2022, that:
112	112	(1) is capable of allowing the utility or cooperative
113	113	to shut off the customer's power when a rolling blackout is
114	114	necessary; and
115	115	(2) meets standards established by commission rules
116	116	adopted under Subsection (b) of this section.
117	117	(e) The Public Utility Commission of Texas may extend the
118	118	deadlines under Subsections (c) and (d) of this section by not more
119	119	than one year, on a case-by-case basis.
120	120	SECTION 3. This Act takes effect September 1, 2021.