| 1 | 1 | | By: Buckingham S.B. No. 1470 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to chilled water service and district cooling systems. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 11.003, Utilities Code, is amended by |
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| 9 | 9 | | adding Subdivision (8-a) and amending Subdivision (11) to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (8-a) "District cooling system" means a system that |
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| 12 | 12 | | produces chilled water at a central plant and pipes that water to |
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| 13 | 13 | | buildings for air conditioning. |
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| 14 | 14 | | (11) "Municipally owned utility" means a utility owned, |
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| 15 | 15 | | operated, and controlled by a municipality or by a nonprofit |
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| 16 | 16 | | corporation the directors of which are appointed by one or more |
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| 17 | 17 | | municipalities and includes any district cooling system operated by |
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| 18 | 18 | | the utility. |
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| 19 | 19 | | SECTION 2. Section 552.133 (a-1)(2), Government Code, is |
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| 20 | 20 | | amended by adding Subdivision (P) to read as follows: |
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| 21 | 21 | | (P) information related to a chilled water program |
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| 22 | 22 | | or program designed to used chilled water to reduce peak demand. |
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| 23 | 23 | | SECTION 3. Section 552.113 (b), Government Code, is amended |
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| 24 | 24 | | to read as follows: |
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| 25 | 25 | | (b) Information or records are excepted from the |
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| 26 | 26 | | requirements of Section 552.021 if the information or records are |
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| 27 | 27 | | reasonably related to a competitive matter, as defined in this |
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| 28 | 28 | | section. Information or records of a municipally owned utility |
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| 29 | 29 | | that are reasonably related to a competitive matter are not subject |
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| 30 | 30 | | to disclosure under this chapter, whether or not, under the |
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| 31 | 31 | | Utilities Code, the municipally owned utility has adopted customer |
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| 32 | 32 | | choice or serves in a multiply certificated service area. This |
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| 33 | 33 | | section does not limit the right of a public power utility governing |
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| 34 | 34 | | body to withhold from disclosure information deemed to be within |
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| 35 | 35 | | the scope of any other exception provided for in this chapter, |
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| 36 | 36 | | subject to the provisions of this chapter. Information reasonably |
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| 37 | 37 | | related to a municipally owned utility's rate review process and |
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| 38 | 38 | | how the municipality or municipally owned utility sets rates for |
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| 39 | 39 | | electric service and chilled water service or any other service |
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| 40 | 40 | | designed by the municipality or municipally owned utility to curb |
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| 41 | 41 | | peak demand or shift load are subject to disclosure under this |
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| 42 | 42 | | chapter and are not excepted from disclosure under this Act. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2021. |
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