Texas 2021 - 87th Regular

Texas Senate Bill SB1303 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R5646 JXC-D
2	2	By: Blanco S.B. No. 1303
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the efficient use and generation of electricity by
8	8	public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 390.002(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) Projects that may be considered for a grant under the
13	13	program include:
14	14	(1) diesel oxidation catalysts for school buses built
15	15	before 1994;
16	16	(2) diesel particulate filters for school buses built
17	17	from 1994 to 1998;
18	18	(3) the purchase and use of emission-reducing add-on
19	19	equipment for school buses, including devices that reduce crankcase
20	20	emissions;
21	21	(4) the use of qualifying fuel;
22	22	(5) other technologies that the commission finds will
23	23	bring about significant emissions reductions; [and]
24	24	(6) the replacement or conversion of a [pre-2007 model
25	25	year] school bus eligible for replacement or conversion under
26	26	Section 390.004; and
27	27	(7) the installation of charging infrastructure for
28	28	electric school buses.
29	29	SECTION 2. Section 390.003, Health and Safety Code, is
30	30	amended by adding Subsection (a-1) to read as follows:
31	31	(a-1) A private entity that leases school buses to a school
32	32	district or provides school bus services or supporting
33	33	infrastructure to a school district by contract may apply for and
34	34	receive a grant under the program.
35	35	SECTION 3. Section 390.004, Health and Safety Code, is
36	36	amended by amending Subsections (a), (c), and (d) and adding
37	37	Subsections (a-1) and (a-2) to read as follows:
38	38	(a) The commission by rule shall establish criteria for
39	39	setting priorities for projects eligible to receive grants under
40	40	this chapter. Except as provided by Subsection (a-1), the [The]
41	41	commission shall review and may modify the criteria and priorities
42	42	as appropriate.
43	43	(a-1) The criteria must prioritize projects that achieve
44	44	the greatest reductions in diesel exhaust, especially particulate
45	45	matter.
46	46	(a-2) The commission shall ensure that at least 75 percent
47	47	of the money issued for grants under this chapter is issued for
48	48	projects to purchase electric buses or to convert diesel buses into
49	49	electric buses.
50	50	(c) A school bus proposed for replacement must:
51	51	(1) be of model year 2006 or earlier if the bus will be
52	52	replaced with a combustion engine bus;
53	53	(1-a) be of a model year that is at least nine years
54	54	older than the year in which the grant application is submitted or
55	55	have an odometer reading at least 200,000 miles if the bus will be
56	56	replaced with an electric bus;
57	57	(2) have been owned and operated by the applicant for
58	58	at least the two years before submission of the grant application;
59	59	(3) be in good operational condition; and
60	60	(4) be currently used on a regular, daily route to and
61	61	from a school.
62	62	(d) A school bus proposed for purchase to replace a
63	63	[pre-2007 model year] school bus described by Subsection (c) must
64	64	be of the current model year or the year before the current model
65	65	year at the time of submission of the grant application.
66	66	SECTION 4. Section 390.005(a), Health and Safety Code, is
67	67	amended to read as follows:
68	68	(a) A recipient of a grant under this chapter shall use the
69	69	grant to pay the incremental costs of the project for which the
70	70	grant is made, which may include the reasonable and necessary
71	71	expenses incurred for the labor needed to install
72	72	emissions-reducing equipment or vehicle charging infrastructure.
73	73	The recipient may not use the grant to pay the recipient's
74	74	administrative expenses.
75	75	SECTION 5. Subchapter H, Chapter 36, Utilities Code, is
76	76	amended by adding Section 36.3531 to read as follows:
77	77	Sec. 36.3531. TIME-OF-USE RATES FOR PUBLIC SCHOOLS. (a)
78	78	Notwithstanding any other provision of this title, each electric
79	79	utility that provides electric service to a retail customer shall
80	80	offer to a school district or open-enrollment charter school served
81	81	by the electric utility time-of-use rates to promote efficient:
82	82	(1) charging of electric school buses; and
83	83	(2) energy use in school buildings.
84	84	(b) Notwithstanding any other provision of this title, each
85	85	transmission and distribution utility in the ERCOT power region
86	86	shall offer to any retail electric provider in its service area that
87	87	serves a school district or open-enrollment charter school a rate
88	88	structure that allows the retail electric provider to offer
89	89	time-of-use rates to the district or school to promote efficient:
90	90	(1) charging of electric school buses; and
91	91	(2) energy use for school buildings.
92	92	(c) A regulatory authority shall provide a mechanism for
93	93	approving a tariff in accordance with this section.
94	94	SECTION 6. Chapter 35, Utilities Code, is amended by adding
95	95	Subchapter F to read as follows:
96	96	SUBCHAPTER F. PUBLIC SCHOOLS
97	97	Sec. 35.201. DEFINITIONS. (a) In this subchapter:
98	98	(1) "Distributed renewable generation" has the
99	99	meaning assigned by Section 39.916.
100	100	(2) "Electric utility" includes a municipally owned
101	101	utility and an electric cooperative.
102	102	(3) "Interconnection" means the right of a person to
103	103	physically connect an energy source and related equipment to an
104	104	electricity distribution system and the technical requirements,
105	105	rules, or processes required for the connection.
106	106	(4) "School energy source" means a source that is:
107	107	(A) on-site distributed renewable generation,
108	108	energy storage, or an electric school bus; and
109	109	(B) owned, leased, or used by a school district
110	110	or open-enrollment charter school.
111	111	Sec. 35.202. USE OF SCHOOL ENERGY SOURCES. (a) A school
112	112	district or open-enrollment charter school may contract with an
113	113	electric utility to:
114	114	(1) install make-ready infrastructure on the utility's
115	115	side of the meter required to facilitate interconnection of
116	116	electric vehicle charging equipment, including a new service
117	117	connection, transformer, conductor, connector, conduit, or meter;
118	118	and
119	119	(2) provide any necessary construction to comply with
120	120	local regulations related to the charging equipment.
121	121	(b) Electric utilities shall use their best efforts to:
122	122	(1) encourage and facilitate interconnection
123	123	processes for school energy sources; and
124	124	(2) provide information about distribution system
125	125	capacity and needs to market providers of on-site distributed
126	126	renewable generation, energy storage, and electric school buses.
127	127	(c) A school district or open-enrollment charter school, or
128	128	a person acting on behalf of a school district or open-enrollment
129	129	charter school, may, without registering as a power generation
130	130	company:
131	131	(1) provide distribution system grid services using a
132	132	school energy source or a combination of school energy sources; and
133	133	(2) receive appropriate compensation for electricity
134	134	sold under Subdivision (1).
135	135	(d) The independent organization certified under Section
136	136	39.151 for the ERCOT power region shall adopt rules or protocols to
137	137	allow a school district or open-enrollment charter school, or a
138	138	person acting on behalf of a school district or open-enrollment
139	139	charter school, to sell energy and ancillary services from school
140	140	energy sources in the wholesale market without registering as a
141	141	power generation company.
142	142	SECTION 7. The changes in law made by this Act in Chapter
143	143	390, Health and Safety Code, apply only to a Texas emissions
144	144	reduction plan grant awarded on or after the effective date of this
145	145	Act. A grant awarded before the effective date of this Act is
146	146	governed by the law in effect on the date the award was made, and the
147	147	former law is continued in effect for that purpose.
148	148	SECTION 8. The changes in law made by this Act in Section
149	149	36.3531, Utilities Code, as added by this Act, do not require an
150	150	electric utility to initiate a new ratemaking proceeding. An
151	151	electric utility shall comply with Section 36.3531, Utilities Code,
152	152	as added by this Act, beginning with the electric utility's first
153	153	ratemaking proceeding that begins after the effective date of this
154	154	Act.
155	155	SECTION 9. This Act takes effect September 1, 2021.