87R11891 BRG-D
By: Vasut H.B. No. 3090
A BILL TO BE ENTITLED
AN ACT
relating to the required procurement of an alternative power supply
for certain power generation facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 35, Utilities Code, is
amended by adding Section 35.0021 to read as follows:
Sec. 35.0021. ALTERNATIVE POWER SUPPLY FOR INTERMITTENT
POWER GENERATION FACILITIES. (a) In this section, "intermittent
power generation facility" means a power generation facility with a
power output that, in the course of the facility's ordinary and
proper operation, cannot be predicted, controlled, or varied at
will. The term includes a solar or wind generation facility.
(b) An intermittent power generation facility, the
construction of which began after September 1, 2021, may not
operate in this state unless the owner of the facility certifies to
the commission that, in the event of a power output disruption at
the facility:
(1) the owner can supply or has a contract that
guarantees the supply of not less than 50 percent of the facility's
average output over a 48-hour period; and
(2) the owner's additional or contracted power supply
comes from:
(A) a power generation facility with a power
output that, in the course of the facility's ordinary and proper
operation, can be predicted, controlled, or varied at will,
including a hydroelectric, biomass, natural gas, coal, or nuclear
generation facility; or
(B) an electric energy storage facility.
SECTION 2. This Act takes effect September 1, 2021.