| 1 | 1 | | 88R14721 KBB-D |
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| 2 | 2 | | By: Kacal H.B. No. 3070 |
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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 recognition of priority transmission areas in the |
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| 8 | 8 | | ERCOT power region. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 37.056, Utilities Code, is amended by |
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| 11 | 11 | | adding Subsections (j), (k), (l), and (m) to read as follows: |
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| 12 | 12 | | (j) The independent organization certified under Section |
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| 13 | 13 | | 39.151 for the ERCOT power region shall recognize in its planning |
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| 14 | 14 | | procedures priority transmission areas in the ERCOT power region |
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| 15 | 15 | | for transmission expansion to ensure continuous service and |
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| 16 | 16 | | accommodate economic development in those areas. |
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| 17 | 17 | | (k) In this section, a priority transmission area is a |
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| 18 | 18 | | metropolitan statistical area: |
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| 19 | 19 | | (1) that has a population of more than 250,000; |
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| 20 | 20 | | (2) that has no direct or looped interconnection at |
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| 21 | 21 | | 345 kilovolts with the ERCOT power region transmission network or |
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| 22 | 22 | | only a limited interconnection of that type; |
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| 23 | 23 | | (3) that is served by an electric cooperative, |
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| 24 | 24 | | municipally owned utility, or transmission and distribution |
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| 25 | 25 | | utility that does not own a 345 kilovolt transmission facility or a |
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| 26 | 26 | | 345-to-138 kilovolt autotransformer; and |
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| 27 | 27 | | (4) the growth and economic development of which is |
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| 28 | 28 | | constrained as a consequence of the conditions described by |
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| 29 | 29 | | Subdivisions (2) and (3). |
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| 30 | 30 | | (l) Recognition by the independent organization certified |
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| 31 | 31 | | under Section 39.151 for the ERCOT power region of an area as a |
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| 32 | 32 | | priority transmission area creates a presumption that the area |
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| 33 | 33 | | needs additional service under Subsection (c)(2). |
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| 34 | 34 | | (m) The commission shall approve or deny an application to |
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| 35 | 35 | | serve a priority transmission area not later than the 185th day |
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| 36 | 36 | | after the date the application is filed. If the commission does not |
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| 37 | 37 | | approve or deny the application on or before that date, a party may |
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| 38 | 38 | | seek a writ of mandamus in a district court of Travis County to |
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| 39 | 39 | | compel the commission to decide on the application. |
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| 40 | 40 | | SECTION 2. (a) The Public Utility Commission of Texas, with |
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| 41 | 41 | | the assistance of the independent organization certified under |
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| 42 | 42 | | Section 39.151, Utilities Code, for the ERCOT power region, shall |
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| 43 | 43 | | identify and conduct a study of the transmission capacity and |
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| 44 | 44 | | transmission needs of priority transmission areas, as defined by |
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| 45 | 45 | | Section 37.056, Utilities Code, as amended by this Act. |
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| 46 | 46 | | (b) The Public Utility Commission of Texas shall report to |
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| 47 | 47 | | the legislature the results of the study not later than December 31, |
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| 48 | 48 | | 2023. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2023. |
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