Texas 2023 - 88th Regular

Texas House Bill HB4276 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Goldman H.B. No. 4276
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the amendment of a certificate of convenience and
7	7	necessity to provide electricity service to certain water control
8	8	and improvement districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. It is the intent of the legislature that this Act
11	11	ensure cost-effective and reliable operation in times of emergency
12	12	of critical water infrastructure operated by a water control and
13	13	improvement district.
14	14	SECTION 2. Subchapter B, Chapter 37, Utilities Code, is
15	15	amended by adding Section 37.062 to read as follows:
16	16	Sec. 37.062. AMENDMENT OF CERTIFICATE REQUESTED BY CERTAIN
17	17	WATER CONTROL AND IMPROVEMENT DISTRICTS. (a) In this section:
18	18	(1) "Consenting entity" means an electric utility that
19	19	consents to provide a water control and improvement district with
20	20	retail electric service.
21	21	(2) "District facility" means an existing or future
22	22	transmission-level power-consuming facility that is owned or will
23	23	be owned by a water control and improvement district.
24	24	(b) This section applies only to a water control and
25	25	improvement district that:
26	26	(1) owns or will own a district facility in an area
27	27	certificated by an electric cooperative to provide retail electric
28	28	service; and
29	29	(2) has a service area in 10 counties or more.
30	30	(c) Notwithstanding any other provision of this chapter, on
31	31	the request of a water control and improvement district in an area
32	32	certificated by an electric cooperative whose wholesale power
33	33	purchase agreement has previously been interrupted by the
34	34	bankruptcy of its wholesale power supplier, a consenting entity may
35	35	apply to the commission to amend its certificate to allow the
36	36	consenting entity to provide retail electric service at
37	37	transmission voltage to a district facility if the consenting
38	38	entity is already certificated on the date the application is filed
39	39	to provide transmission service to a location that is not more than
40	40	10 miles from the district facility.
41	41	(d) The commission shall approve an application received
42	42	under Subsection (c) not later than the 45th day after the date a
43	43	complete application is filed and amend the consenting entity's
44	44	certificate to include the locations of the district facilities
45	45	identified in the application, making those facilities multiply
46	46	certificated by the consenting entity and the electric cooperative
47	47	referenced in Subsection (b)(1).
48	48	(e) The consent of an electric cooperative referenced in
49	49	Subsection (b)(1) is not required for the commission to approve an
50	50	application filed under Subsection (c).
51	51	(f) Section 37.056(c) does not apply to an application filed
52	52	under Subsection (c).
53	53	(g) A water control and improvement district that requests
54	54	retail electric service from a consenting entity who files an
55	55	application under this section that is approved by the commission
56	56	is:
57	57	(1) responsible for paying the construction costs of
58	58	any new transmission facilities required to interconnect the
59	59	district facilities identified in the application to the ERCOT
60	60	transmission system if those costs are not otherwise recoverable in
61	61	the consenting entity's wholesale transmission rates;
62	62	(2) responsible for any nonbypassable charges and
63	63	other amounts that the district is contractually obligated to pay
64	64	to the electric cooperative that provided retail electric service
65	65	to the district on the date the application was filed, if
66	66	applicable; and
67	67	(3) subject to the relevant provisions of 16 T.A.C.
68	68	Section 25.27.
69	69	(h) If the commission approves an application under this
70	70	section, the commission may not approve another application
71	71	regarding any district facility included in the approved
72	72	application.
73	73	SECTION 3. This Act takes effect September 1, 2023.