By: Hancock S.B. No. 1281
A BILL TO BE ENTITLED
AN ACT
relating to certificates of public convenience and necessity for
certain transmission projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.052, Utilities Code, is amended by
adding Subsection (c) to read as follows:
(c) An electric utility is not required to amend the
utility's certificate of public convenience and necessity to
construct a transmission line that connects the utility's existing
transmission facilities to a load-serving substation or metering
point if:
(1) the transmission line does not exceed three miles
in length;
(2) each landowner whose property would be directly
affected by the transmission line, as provided by commission rules,
provides written consent for the transmission line; and
(3) all rights-of-way necessary for construction of
the transmission line have been purchased.
SECTION 2. Section 37.056(d), Utilities Code, is amended to
read as follows:
(d) The commission by rule shall establish criteria, in
addition to the criteria described by Subsection (c), for granting
a certificate for a transmission project that serves the ERCOT
power region, that is not necessary to meet state or federal
reliability standards, and that is not included in a plan developed
under Section 39.904(g) [does not serve a competitive renewable
energy zone]. The criteria must include a comparison of the
estimated cost of the transmission project for consumers and the
estimated cost savings for consumers that may result from the
transmission project. The commission shall include with its
decision on an application for a certificate to which this
subsection applies findings on the criteria.
SECTION 3. The changes in law made by this Act apply only to
a proceeding affecting a certificate of public convenience and
necessity that commences on or after the effective date of this Act.
A proceeding affecting a certificate of public convenience and
necessity that commenced before the effective date of this Act is
governed by the law in effect on the date the proceeding is
commenced, and that law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.