1 | 1 | | 87R11806 SGM-F |
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2 | 2 | | By: Menéndez S.B. No. 2052 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the provision of electricity service in this state. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 39.101(b), Utilities Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (b) A customer is entitled: |
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12 | 12 | | (1) to be informed about rights and opportunities in |
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13 | 13 | | the transition to a competitive electric industry; |
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14 | 14 | | (2) to choose the customer's retail electric provider |
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15 | 15 | | consistent with this chapter, to have that choice honored, and to |
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16 | 16 | | assume that the customer's chosen provider will not be changed |
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17 | 17 | | without the customer's informed consent; |
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18 | 18 | | (3) to have access to providers of energy efficiency |
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19 | 19 | | services, to on-site distributed generation, and to providers of |
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20 | 20 | | energy generated by renewable energy resources; |
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21 | 21 | | (4) to be served by a provider of last resort that |
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22 | 22 | | offers a commission-approved standard service package; |
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23 | 23 | | (5) to receive sufficient information to make an |
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24 | 24 | | informed choice of service provider; |
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25 | 25 | | (6) to be protected from unfair, misleading, or |
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26 | 26 | | deceptive practices, including protection from being billed for |
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27 | 27 | | services that were not authorized or provided; [and] |
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28 | 28 | | (7) to have an impartial and prompt resolution of |
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29 | 29 | | disputes with its chosen retail electric provider and transmission |
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30 | 30 | | and distribution utility; |
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31 | 31 | | (8) to participation in demand response programs |
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32 | 32 | | through retail electric providers and demand response providers; |
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33 | 33 | | and |
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34 | 34 | | (9) to receive notice from the retail electric |
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35 | 35 | | provider that serves the customer: |
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36 | 36 | | (A) when the independent organization certified |
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37 | 37 | | under Section 39.151 for the ERCOT power region issues an emergency |
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38 | 38 | | energy alert about low operating reserves to providers of |
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39 | 39 | | generation in the power region; or |
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40 | 40 | | (B) of imminent rolling outages and the length of |
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41 | 41 | | time the outages are planned or expected to last. |
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42 | 42 | | SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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43 | 43 | | amended by adding Section 39.918 to read as follows: |
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44 | 44 | | Sec. 39.918. RESIDENTIAL DEMAND RESPONSE PROGRAM. (a) The |
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45 | 45 | | commission by rule shall require each retail electric provider in |
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46 | 46 | | the ERCOT power region to create a residential demand response |
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47 | 47 | | program to reduce the average total residential load by at least: |
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48 | 48 | | (1) one percent of peak summer and winter demand by |
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49 | 49 | | December 31, 2022; |
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50 | 50 | | (2) two percent of peak summer and winter demand by |
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51 | 51 | | December 31, 2023; |
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52 | 52 | | (3) three percent of peak summer and winter demand by |
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53 | 53 | | December 31, 2024; and |
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54 | 54 | | (4) five percent of peak summer and winter demand by |
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55 | 55 | | December 31, 2025. |
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56 | 56 | | (b) The rules must: |
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57 | 57 | | (1) ensure that demand response participation is |
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58 | 58 | | reasonably available to residential customers; |
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59 | 59 | | (2) promote the use of smart metering technology; |
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60 | 60 | | (3) ensure that demand response programs are capable |
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61 | 61 | | of responding to an emergency energy alert about low operating |
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62 | 62 | | reserves issued by the independent organization certified under |
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63 | 63 | | Section 39.151 for the ERCOT power region; |
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64 | 64 | | (4) provide opportunities for demand response |
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65 | 65 | | providers to contract with retail electric providers to provide |
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66 | 66 | | demand response services; and |
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67 | 67 | | (5) ensure the program does not impact the critical |
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68 | 68 | | needs of vulnerable populations. |
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69 | 69 | | SECTION 3. Subchapter A, Chapter 186, Utilities Code, is |
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70 | 70 | | amended by adding Section 186.008 to read as follows: |
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71 | 71 | | Sec. 186.008. TRANSMISSION OUTAGE PLAN. (a) In this |
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72 | 72 | | section, "commission" means the Public Utility Commission of Texas. |
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73 | 73 | | (b) The commission by rule shall require all electric |
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74 | 74 | | utilities, as defined by Section 31.002, municipally owned |
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75 | 75 | | utilities, and electric cooperatives that own transmission and |
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76 | 76 | | distribution assets in this state to file and implement an outage |
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77 | 77 | | plan that includes a plan for shutting off customer access to |
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78 | 78 | | electricity in the event of the need for rolling outages to prevent |
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79 | 79 | | brown-outs and black-outs. The rules must: |
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80 | 80 | | (1) require the utility or cooperative to update the |
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81 | 81 | | plan annually; |
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82 | 82 | | (2) share the plan with the independent system |
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83 | 83 | | operator, as defined by Section 31.002, for the area in which the |
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84 | 84 | | utility or cooperative operates; and |
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85 | 85 | | (3) require the utility or cooperative to make the |
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86 | 86 | | plan publicly available. |
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87 | 87 | | (c) The commission may require an electric utility, |
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88 | 88 | | municipally owned utility, or electric cooperative subject to this |
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89 | 89 | | section to file an updated transmission outage plan if the |
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90 | 90 | | commission finds that a transmission outage plan on file does not |
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91 | 91 | | contain adequate information. |
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92 | 92 | | SECTION 4. This Act takes effect immediately if it receives |
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93 | 93 | | a vote of two-thirds of all the members elected to each house, as |
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94 | 94 | | provided by Section 39, Article III, Texas Constitution. If this |
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95 | 95 | | Act does not receive the vote necessary for immediate effect, this |
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96 | 96 | | Act takes effect September 1, 2021. |
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