87R11824 JXC-D
By: Menéndez S.B. No. 2076
A BILL TO BE ENTITLED
AN ACT
relating to the prevention of and response to blackout conditions
in the ERCOT power region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 39, Utilities Code, is
amended by adding Section 39.159 to read as follows:
Sec. 39.159. ENSURING RESERVE POWER CAPACITY. (a) The
commission by rule shall develop a process for obtaining emergency
reserve power generation capacity as appropriate to prevent
blackout conditions caused by shortages of generated power in the
ERCOT power region. The rules must provide:
(1) parameters for estimating the amount of emergency
reserve power generation capacity necessary to prevent blackout
conditions; and
(2) mechanisms for equitably sharing the costs of
making the reserve capacity available and the costs of generated
power provided to prevent blackout conditions.
(b) In accordance with rules adopted under Subsection (a),
an independent organization certified under Section 39.151 for the
ERCOT power region shall adopt procedures and enter contracts as
necessary to ensure the availability of a defined amount of
emergency reserve power generation capacity the organization may
call on to prevent blackouts caused by shortages of generated
power.
(c) Before the independent organization calls on the
emergency reserve power generation capacity to prevent blackout
conditions, the organization shall use all other sources of power
and demand reduction available in accordance with commission rules
adopted under this section.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9031 to read as follows:
Sec. 39.9031. DISASTER BILL PAYMENT ASSISTANCE. (a) The
commission shall establish a program to provide bill payment
assistance using state money appropriated for that purpose to
retail customers of municipally owned utilities, electric
cooperatives, and retail electric providers in the ERCOT power
region.
(b) The program must:
(1) provide assistance only for unusually high bills
for services provided after February 13, 2021, and before February
19, 2021, to low-income customers;
(2) establish criteria for determining whether a bill
is unusually high;
(3) allow a customer to apply for assistance to the
municipally owned utility, electric cooperative, or retail
electric provider that served the customer during the time period
in Subdivision (1); and
(4) require a municipally owned utility, electric
cooperative, or retail electric provider that receives an
application under Subdivision (3) to:
(A) submit the application to the commission; and
(B) provide to the customer any assistance sent
by the commission to the utility, cooperative, or provider in
response to the application.
(c) The commission shall consult with the counsellor to
adopt appropriate criteria for designating a customer as low-income
for the purposes of this section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.