| 1 | 1 | | 87R11891 BRG-D |
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| 2 | 2 | | By: Vasut H.B. No. 3090 |
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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 the required procurement of an alternative power supply |
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| 8 | 8 | | for certain power generation facilities. |
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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 A, Chapter 35, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 35.0021 to read as follows: |
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| 12 | 12 | | Sec. 35.0021. ALTERNATIVE POWER SUPPLY FOR INTERMITTENT |
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| 13 | 13 | | POWER GENERATION FACILITIES. (a) In this section, "intermittent |
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| 14 | 14 | | power generation facility" means a power generation facility with a |
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| 15 | 15 | | power output that, in the course of the facility's ordinary and |
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| 16 | 16 | | proper operation, cannot be predicted, controlled, or varied at |
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| 17 | 17 | | will. The term includes a solar or wind generation facility. |
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| 18 | 18 | | (b) An intermittent power generation facility, the |
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| 19 | 19 | | construction of which began after September 1, 2021, may not |
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| 20 | 20 | | operate in this state unless the owner of the facility certifies to |
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| 21 | 21 | | the commission that, in the event of a power output disruption at |
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| 22 | 22 | | the facility: |
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| 23 | 23 | | (1) the owner can supply or has a contract that |
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| 24 | 24 | | guarantees the supply of not less than 50 percent of the facility's |
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| 25 | 25 | | average output over a 48-hour period; and |
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| 26 | 26 | | (2) the owner's additional or contracted power supply |
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| 27 | 27 | | comes from: |
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| 28 | 28 | | (A) a power generation facility with a power |
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| 29 | 29 | | output that, in the course of the facility's ordinary and proper |
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| 30 | 30 | | operation, can be predicted, controlled, or varied at will, |
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| 31 | 31 | | including a hydroelectric, biomass, natural gas, coal, or nuclear |
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| 32 | 32 | | generation facility; or |
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| 33 | 33 | | (B) an electric energy storage facility. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2021. |
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