88R14210 KBB-F
By: Guillen H.B. No. 3095
A BILL TO BE ENTITLED
AN ACT
relating to the operation of load management programs by
transmission and distribution utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 38.075(e), Utilities Code, is amended to
read as follows:
(e) Notwithstanding any other provision of this subtitle,
the commission shall allow a transmission and distribution utility
to design and operate one or more [a] load management programs
[program for nonresidential customers] to be used where the
independent organization certified under Section 39.151 for the
ERCOT power region has declared a Level 2 Emergency or a higher
level of emergency or has otherwise directed the transmission and
distribution utility to shed load. A load management program
operated under this subsection must include only customers who have
agreed in writing to participate. A transmission and distribution
utility operating [implementing] a load management program under
this subsection shall be permitted to recover the reasonable and
necessary costs of the load management program under Chapter 36. A
load management program operated under this subsection is not
considered a competitive service.
SECTION 2. 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, 2023.