Texas 2021 - 87th Regular

Texas Senate Bill SB2052 Compare Versions

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11 87R11806 SGM-F
22 By: Menéndez S.B. No. 2052
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the provision of electricity service in this state.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 39.101(b), Utilities Code, is amended to
1010 read as follows:
1111 (b) A customer is entitled:
1212 (1) to be informed about rights and opportunities in
1313 the transition to a competitive electric industry;
1414 (2) to choose the customer's retail electric provider
1515 consistent with this chapter, to have that choice honored, and to
1616 assume that the customer's chosen provider will not be changed
1717 without the customer's informed consent;
1818 (3) to have access to providers of energy efficiency
1919 services, to on-site distributed generation, and to providers of
2020 energy generated by renewable energy resources;
2121 (4) to be served by a provider of last resort that
2222 offers a commission-approved standard service package;
2323 (5) to receive sufficient information to make an
2424 informed choice of service provider;
2525 (6) to be protected from unfair, misleading, or
2626 deceptive practices, including protection from being billed for
2727 services that were not authorized or provided; [and]
2828 (7) to have an impartial and prompt resolution of
2929 disputes with its chosen retail electric provider and transmission
3030 and distribution utility;
3131 (8) to participation in demand response programs
3232 through retail electric providers and demand response providers;
3333 and
3434 (9) to receive notice from the retail electric
3535 provider that serves the customer:
3636 (A) when the independent organization certified
3737 under Section 39.151 for the ERCOT power region issues an emergency
3838 energy alert about low operating reserves to providers of
3939 generation in the power region; or
4040 (B) of imminent rolling outages and the length of
4141 time the outages are planned or expected to last.
4242 SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
4343 amended by adding Section 39.918 to read as follows:
4444 Sec. 39.918. RESIDENTIAL DEMAND RESPONSE PROGRAM. (a) The
4545 commission by rule shall require each retail electric provider in
4646 the ERCOT power region to create a residential demand response
4747 program to reduce the average total residential load by at least:
4848 (1) one percent of peak summer and winter demand by
4949 December 31, 2022;
5050 (2) two percent of peak summer and winter demand by
5151 December 31, 2023;
5252 (3) three percent of peak summer and winter demand by
5353 December 31, 2024; and
5454 (4) five percent of peak summer and winter demand by
5555 December 31, 2025.
5656 (b) The rules must:
5757 (1) ensure that demand response participation is
5858 reasonably available to residential customers;
5959 (2) promote the use of smart metering technology;
6060 (3) ensure that demand response programs are capable
6161 of responding to an emergency energy alert about low operating
6262 reserves issued by the independent organization certified under
6363 Section 39.151 for the ERCOT power region;
6464 (4) provide opportunities for demand response
6565 providers to contract with retail electric providers to provide
6666 demand response services; and
6767 (5) ensure the program does not impact the critical
6868 needs of vulnerable populations.
6969 SECTION 3. Subchapter A, Chapter 186, Utilities Code, is
7070 amended by adding Section 186.008 to read as follows:
7171 Sec. 186.008. TRANSMISSION OUTAGE PLAN. (a) In this
7272 section, "commission" means the Public Utility Commission of Texas.
7373 (b) The commission by rule shall require all electric
7474 utilities, as defined by Section 31.002, municipally owned
7575 utilities, and electric cooperatives that own transmission and
7676 distribution assets in this state to file and implement an outage
7777 plan that includes a plan for shutting off customer access to
7878 electricity in the event of the need for rolling outages to prevent
7979 brown-outs and black-outs. The rules must:
8080 (1) require the utility or cooperative to update the
8181 plan annually;
8282 (2) share the plan with the independent system
8383 operator, as defined by Section 31.002, for the area in which the
8484 utility or cooperative operates; and
8585 (3) require the utility or cooperative to make the
8686 plan publicly available.
8787 (c) The commission may require an electric utility,
8888 municipally owned utility, or electric cooperative subject to this
8989 section to file an updated transmission outage plan if the
9090 commission finds that a transmission outage plan on file does not
9191 contain adequate information.
9292 SECTION 4. This Act takes effect immediately if it receives
9393 a vote of two-thirds of all the members elected to each house, as
9494 provided by Section 39, Article III, Texas Constitution. If this
9595 Act does not receive the vote necessary for immediate effect, this
9696 Act takes effect September 1, 2021.