By: Goldman H.B. No. 3915
A BILL TO BE ENTITLED
AN ACT
relating to the designation of certain premises as critical load
premises for electric service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 38, Utilities Code, is
amended by adding Section 38.074 to read as follows:
Sec. 38.074. CRITICAL LOAD PREMISES DESIGNATION. (a) The
commission by rule shall establish a process for a transmission and
distribution utility to designate and prioritize the designation of
certain premises as critical load premises and adopt criteria for
determining eligibility for the designation and priority. In
establishing the process and adopting the criteria, the commission
shall coordinate with other agencies that have primary jurisdiction
over entities that own or operate premises that may be designated as
critical load premises.
(b) The eligibility criteria adopted under Subsection (a)
must allow for premises used by the following entities or for the
following activities to be eligible to be designated as critical
load premises:
(1) upstream natural gas production;
(2) midstream natural gas transportation;
(3) gas utilities;
(4) fuel production;
(5) nitrogen supply;
(6) hydrogen supply;
(7) water supply;
(8) wastewater treatment; and
(9) telecommunications.
(c) Annually, the commission shall submit to the
legislature a report regarding critical load premises
designations, including analysis of the implementation and results
of the designations.
(d) This section does not limit a transmission and
distribution utility's discretion to prioritize power delivery and
power restoration to the transmission and distribution utility's
customers as circumstances require.
SECTION 2. Not later than January 1, 2022, the Public
Utility Commission of Texas shall submit to the legislature the
first report required by Section 38.074, Utilities Code, as added
by this Act.
SECTION 3. If this Act takes effect immediately, the Public
Utility Commission of Texas shall adopt the rules required by
Section 38.074, Utilities Code, as added by this Act, not later than
September 1, 2021. If this Act takes effect September 1, 2021, the
Public Utility Commission of Texas shall adopt rules as required by
Section 38.074, Utilities Code, as added by this Act, not later than
November 1, 2021.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.