4 | 8 | | AN ACT |
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5 | 9 | | relating to a reliability assessment of the ERCOT power grid and |
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6 | 10 | | certificates of public convenience and necessity for certain |
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7 | 11 | | transmission projects. |
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8 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 13 | | SECTION 1. Section 37.052, Utilities Code, is amended by |
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10 | 14 | | adding Subsection (c) to read as follows: |
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11 | 15 | | (c) An electric utility is not required to amend the |
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12 | 16 | | utility's certificate of public convenience and necessity to |
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13 | 17 | | construct a transmission line that connects the utility's existing |
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14 | | - | transmission facilities to a substation or metering point if: |
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15 | | - | (1) the transmission line does not exceed: |
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16 | | - | (A) three miles in length, if the line connects |
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17 | | - | to a load-serving substation or metering point; or |
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18 | | - | (B) two miles in length, if the line connects to a |
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19 | | - | generation substation or metering point; |
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| 18 | + | transmission facilities to a load-serving substation or metering |
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| 19 | + | point if: |
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| 20 | + | (1) the transmission line does not exceed three miles |
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| 21 | + | in length; |
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20 | 22 | | (2) each landowner whose property would be directly |
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21 | 23 | | affected by the transmission line, as provided by commission rules, |
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22 | 24 | | provides written consent for the transmission line; and |
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23 | 25 | | (3) all rights-of-way necessary for construction of |
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24 | 26 | | the transmission line have been purchased. |
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25 | 27 | | SECTION 2. Section 37.056, Utilities Code, is amended by |
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26 | 28 | | adding Subsection (c-1) and amending Subsection (d) to read as |
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27 | 29 | | follows: |
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28 | 30 | | (c-1) In considering the need for additional service under |
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29 | 31 | | Subsection (c)(2) for a reliability transmission project that |
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30 | 32 | | serves the ERCOT power region, the commission must consider the |
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31 | | - | historical load, forecasted load growth, and additional load |
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32 | | - | currently seeking interconnection. |
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| 33 | + | following: |
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| 34 | + | (1) historical load, forecasted load growth, and |
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| 35 | + | additional load currently seeking interconnection; and |
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| 36 | + | (2) security constrained optimal power flows for a |
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| 37 | + | reasonable range of power generation dispatch scenarios, including |
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| 38 | + | reliability limitations in serving load during high and low |
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| 39 | + | renewable generation output. |
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33 | 40 | | (d) The commission by rule shall establish criteria, in |
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34 | 41 | | addition to the criteria described by Subsection (c), for granting |
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35 | 42 | | a certificate for a transmission project that serves the ERCOT |
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36 | 43 | | power region, that is not necessary to meet state or federal |
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37 | 44 | | reliability standards, and that is not included in a plan developed |
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38 | 45 | | under Section 39.904(g) [does not serve a competitive renewable |
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39 | 46 | | energy zone]. The criteria must include a comparison of the |
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40 | 47 | | estimated cost of the transmission project for consumers and the |
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41 | 48 | | estimated congestion cost savings for consumers that may result |
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42 | 49 | | from the transmission project, considering both current and future |
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43 | 50 | | expected congestion levels and the transmission project's ability |
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44 | 51 | | to reduce those congestion levels. The commission shall include |
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45 | 52 | | with its decision on an application for a certificate to which this |
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46 | 53 | | subsection applies findings on the criteria. |
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47 | 54 | | SECTION 3. Subchapter D, Chapter 39, Utilities Code, is |
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48 | 55 | | amended by adding Section 39.159 to read as follows: |
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49 | 56 | | Sec. 39.159. GRID RELIABILITY ASSESSMENT. (a) The |
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50 | 57 | | independent organization certified under Section 39.151 for the |
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52 | 59 | | power grid to assess the grid's reliability in extreme weather |
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53 | 60 | | scenarios. |
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54 | 61 | | (b) Each assessment must: |
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55 | 62 | | (1) consider the impact of different levels of thermal |
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56 | 63 | | and renewable generation availability; and |
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57 | 64 | | (2) recommend transmission projects that may increase |
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58 | 65 | | the grid's reliability in extreme weather scenarios. |
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59 | 66 | | SECTION 4. The changes in law made by this Act apply only to |
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60 | 67 | | a proceeding affecting a certificate of public convenience and |
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61 | 68 | | necessity that commences on or after the effective date of this Act. |
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62 | 69 | | A proceeding affecting a certificate of public convenience and |
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63 | 70 | | necessity that commenced before the effective date of this Act is |
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64 | 71 | | governed by the law in effect on the date the proceeding is |
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65 | 72 | | commenced, and that law is continued in effect for that purpose. |
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66 | 73 | | SECTION 5. This Act takes effect September 1, 2021. |
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67 | | - | ______________________________ ______________________________ |
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68 | | - | President of the Senate Speaker of the House |
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69 | | - | I hereby certify that S.B. No. 1281 passed the Senate on |
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70 | | - | April 19, 2021, by the following vote: Yeas 31, Nays 0; |
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71 | | - | May 28, 2021, Senate refused to concur in House amendments and |
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72 | | - | requested appointment of Conference Committee; May 28, 2021, House |
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73 | | - | granted request of the Senate; May 30, 2021, Senate adopted |
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74 | | - | Conference Committee Report by the following vote: Yeas 31, |
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75 | | - | Nays 0. |
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76 | | - | ______________________________ |
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77 | | - | Secretary of the Senate |
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78 | | - | I hereby certify that S.B. No. 1281 passed the House, with |
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79 | | - | amendments, on May 26, 2021, by the following vote: Yeas 142, |
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80 | | - | Nays 1, two present not voting; May 28, 2021, House granted request |
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81 | | - | of the Senate for appointment of Conference Committee; |
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82 | | - | May 30, 2021, House adopted Conference Committee Report by the |
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83 | | - | following vote: Yeas 137, Nays 0, two present not voting. |
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84 | | - | ______________________________ |
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85 | | - | Chief Clerk of the House |
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86 | | - | Approved: |
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87 | | - | ______________________________ |
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88 | | - | Date |
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89 | | - | ______________________________ |
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90 | | - | Governor |
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