Texas 2023 - 88th Regular

Texas House Bill HB2848 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22860 DIO-F
2	2	By: Darby, Guillen, Hernandez, Slawson, H.B. No. 2848
3	3	Burrows
4	4	Substitute the following for H.B. No. 2848:
5	5	By: Smithee C.S.H.B. No. 2848
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the approval of a certificate of public convenience and
11	11	necessity for certain transmission projects.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 37.056, Utilities Code, is amended by
14	14	amending Subsections (c-1) and (d) and adding Subsections (d-1) and
15	15	(d-2) to read as follows:
16	16	(c-1) In considering the need for additional service under
17	17	Subsection (c)(2) for a reliability transmission project that
18	18	serves the ERCOT power region, the commission must consider the
19	19	historical load, forecasted load growth, and additional load
20	20	currently seeking interconnection, including load for which the
21	21	electric utility has yet to sign an interconnection agreement, as
22	22	determined by the electric utility with the responsibility for
23	23	serving the load.
24	24	(d) The commission by rule shall establish criteria, in
25	25	addition to the criteria described by Subsection (c), for granting
26	26	a certificate for a transmission project that serves the ERCOT
27	27	power region, that is not necessary to meet state or federal
28	28	reliability standards, and that is not included in a plan developed
29	29	under Section 39.904(g). [The criteria must include a comparison
30	30	of the estimated cost of the transmission project for consumers and
31	31	the estimated congestion cost savings for consumers that may result
32	32	from the transmission project, considering both current and future
33	33	expected congestion levels and the transmission project's ability
34	34	to reduce those congestion levels.] The commission shall include
35	35	with its decision on an application for a certificate to which this
36	36	subsection applies findings on the criteria. The criteria must:
37	37	(1) include a comparison of the estimated cost of the
38	38	transmission project to consumers and the estimated congestion cost
39	39	savings for consumers that may result from the project, considering
40	40	both current and expected congestion levels and the project's
41	41	ability to reduce those levels;
42	42	(2) address:
43	43	(A) other benefits of the transmission project,
44	44	including deferral of reliability upgrade costs, reduction of
45	45	transmission system losses, and reduction of operating reserve
46	46	costs;
47	47	(B) solutions to relieve generic transmission
48	48	constraints;
49	49	(C) potential for increasing transmission system
50	50	reliability, resiliency, and operational flexibility;
51	51	(D) potential for minimizing outage moratoria
52	52	and transmission system congestion by employing planning criteria
53	53	that include contingencies for a planned outage followed by an
54	54	unplanned outage under peak conditions; and
55	55	(E) the operational benefits and reduced impacts
56	56	on affected landowners of constructing new transmission lines
57	57	operating at or below 345 kilovolts as double circuit capable
58	58	lines;
59	59	(3) evaluate:
60	60	(A) the costs of the transmission project on a
61	61	levelized basis over the life of the project; and
62	62	(B) the benefits of the transmission project on a
63	63	levelized basis over the life of the project or the longest period
64	64	determined to be reasonable by the commission; and
65	65	(4) in high growth areas and areas experiencing or
66	66	expected to experience rapid growth in power demand, including
67	67	coastal regions, oil and gas producing, processing, or refining
68	68	regions, and semiconductor manufacturing regions, prioritize the
69	69	development of additional and sufficient transmission capacity to
70	70	provide flexibility to serve new load.
71	71	(d-1) For a transmission project described by Subsection
72	72	(d), the commission shall require all new transmission lines
73	73	operating at or below 345 kilovolts to be constructed as double
74	74	circuit capable lines unless the electric utility requests an
75	75	exception.
76	76	(d-2) For a transmission project described by Subsection
77	77	(d)(4), the applicant for the transmission project certificate
78	78	shall submit a copy of the application to the independent
79	79	organization certified under Section 39.151 for the ERCOT power
80	80	region. The independent organization shall review and provide the
81	81	commission with the organization's recommendations regarding the
82	82	application not later than the 90th day after the date the
83	83	application is received. If the organization fails to provide the
84	84	commission with its recommendations before the 91st day after the
85	85	date the application is received, the commission shall consider the
86	86	transmission project to be a project that meets the need for
87	87	additional service under this section.
88	88	SECTION 2. Section 37.057, Utilities Code, is amended to
89	89	read as follows:
90	90	Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION
91	91	FACILITY. The commission must approve or deny an application for a
92	92	certificate for a new transmission facility not later than the
93	93	181st day after [the first anniversary of] the date the application
94	94	is filed. If the commission does not approve or deny the
95	95	application on or before that date, a party may seek a writ of
96	96	mandamus in a district court of Travis County to compel the
97	97	commission to decide on the application.
98	98	SECTION 3. The changes in law made by this Act apply only to
99	99	a proceeding affecting a certificate of public convenience and
100	100	necessity that commences on or after the effective date of this Act.
101	101	A proceeding affecting a certificate of public convenience and
102	102	necessity that commenced before the effective date of this Act is
103	103	governed by the law in effect on the date the proceeding is
104	104	commenced, and that law is continued in effect for that purpose.
105	105	SECTION 4. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2023.