| 1 | 1 | | 88R11592 JXC-D |
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| 2 | 2 | | By: Hunter H.B. No. 3387 |
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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 participation of aggregated distributed energy |
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| 8 | 8 | | resources in the ERCOT market. |
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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 31.002(17), Utilities Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (17) "Retail electric provider" means a person that |
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| 13 | 13 | | sells electric energy to retail customers in this state. A retail |
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| 14 | 14 | | electric provider may not own or operate generation assets but may |
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| 15 | 15 | | aggregate distributed energy resources. The term does not include |
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| 16 | 16 | | a person not otherwise a retail electric provider who owns or |
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| 17 | 17 | | operates equipment used solely to provide electricity charging |
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| 18 | 18 | | service for consumption by an alternatively fueled vehicle, as |
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| 19 | 19 | | defined by Section 502.004, Transportation Code. |
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| 20 | 20 | | SECTION 2. Section 39.351, Utilities Code, is amended by |
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| 21 | 21 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 22 | 22 | | follows: |
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| 23 | 23 | | (a) A person may not generate electricity unless the person |
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| 24 | 24 | | is: |
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| 25 | 25 | | (1) registered with the commission as a power |
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| 26 | 26 | | generation company in accordance with this section; or |
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| 27 | 27 | | (2) aggregating distributed energy resources under |
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| 28 | 28 | | Section 39.3515. |
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| 29 | 29 | | (a-1) A person may register as a power generation company by |
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| 30 | 30 | | filing the following information with the commission: |
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| 31 | 31 | | (1) a description of the location of any facility used |
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| 32 | 32 | | to generate electricity; |
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| 33 | 33 | | (2) a description of the type of services provided; |
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| 34 | 34 | | (3) a copy of any information filed with the Federal |
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| 35 | 35 | | Energy Regulatory Commission in connection with registration with |
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| 36 | 36 | | that commission; and |
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| 37 | 37 | | (4) any other information required by commission rule, |
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| 38 | 38 | | provided that in requiring that information the commission shall |
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| 39 | 39 | | protect the competitive process in a manner that ensures the |
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| 40 | 40 | | confidentiality of competitively sensitive information. |
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| 41 | 41 | | SECTION 3. Subchapter H, Chapter 39, Utilities Code, is |
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| 42 | 42 | | amended by adding Section 39.3515 to read as follows: |
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| 43 | 43 | | Sec. 39.3515. AGGREGATED DISTRIBUTED ENERGY RESOURCES. (a) |
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| 44 | 44 | | A person who aggregates distributed energy resources shall: |
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| 45 | 45 | | (1) comply with rules, guidelines, and registration |
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| 46 | 46 | | requirements established by the commission and by Chapter 17 and |
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| 47 | 47 | | this chapter that apply to distributed energy resources; and |
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| 48 | 48 | | (2) ensure the compliance of a subcontractor, an |
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| 49 | 49 | | agent, or any other entity compensated by the person for all |
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| 50 | 50 | | distributed energy resource activities conducted on the person's |
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| 51 | 51 | | behalf by a subcontractor, agent, or other entity. |
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| 52 | 52 | | (b) The commission may establish rules and registration |
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| 53 | 53 | | requirements for the aggregation of distributed energy resources. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2023. |
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