88R13423 KBB-F
By: AnchÃa H.B. No. 4784
A BILL TO BE ENTITLED
AN ACT
relating to the provision of electricity service in the ERCOT power
region.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 39.101(b), Utilities Code, is amended to
read as follows:
(b) A customer is entitled:
(1) to be informed about rights and opportunities in
the transition to a competitive electric industry;
(2) to choose the customer's retail electric provider
consistent with this chapter, to have that choice honored, and to
assume that the customer's chosen provider will not be changed
without the customer's informed consent;
(3) to have access to providers of energy efficiency
services, to on-site distributed generation, and to providers of
energy generated by renewable energy resources;
(4) to be served by a provider of last resort that
offers a commission-approved standard service package;
(5) to receive sufficient information to make an
informed choice of service provider;
(6) to be protected from unfair, misleading, or
deceptive practices, including protection from being billed for
services that were not authorized or provided; [and]
(7) to have an impartial and prompt resolution of
disputes with its chosen retail electric provider and transmission
and distribution utility;
(8) to participation in demand response programs
through retail electric providers and demand response providers;
and
(9) to receive notice from the retail electric
provider that serves the customer:
(A) when the independent organization certified
under Section 39.151 for the ERCOT power region issues an emergency
energy alert about low operating reserves to providers of
generation in the power region; or
(B) of planned outages and the length of time the
outages are expected to last.
SECTION 2. Section 39.905, Utilities Code, is amended by
adding Subsections (a-1) and (b-2) to read as follows:
(a-1) In addition to meeting the demand goals provided by
Subsection (a), each electric utility shall also meet an annual
energy savings goal of:
(1) one-fourth of one percent annual energy savings in
the 2024 calendar year;
(2) one-half of one percent annual energy savings in
the 2025 calendar year;
(3) three-fourths of one percent annual energy savings
in the 2026 calendar year; and
(4) one percent annual energy savings beginning with
the 2027 calendar year.
(b-2) The commission by rule shall provide a method to
establish each utility's annual savings goal under Subsection
(a-1). The method must be based on the existing and expected usage
of electricity delivered in a utility's service area that is
required to pay the annual energy efficiency cost recovery fee. In
adopting rules, the commission may provide for cost caps for the
implementation of Subsection (a-1) and provide good cause
exceptions for a utility that is unable to meet the goal in a
cost-effective manner.
SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.919 to read as follows:
Sec. 39.919. RESIDENTIAL DEMAND RESPONSE PROGRAM. (a) The
commission by rule shall require each retail electric provider in
the ERCOT power region to create a residential demand response
program to reduce the average total residential load by at least:
(1) one percent of peak summer and winter demand by
December 31, 2024;
(2) two percent of peak summer and winter demand by
December 31, 2025;
(3) three percent of peak summer and winter demand by
December 31, 2026; and
(4) five percent of peak summer and winter demand by
December 31, 2027.
(b) The rules must:
(1) ensure that demand response participation is
reasonably available to residential customers;
(2) promote the use of smart metering technology;
(3) ensure that demand response programs are capable
of responding to an emergency energy alert about low operating
reserves issued by the independent organization certified under
Section 39.151 for the ERCOT power region;
(4) provide opportunities for demand response
providers to contract with retail electric providers to provide
demand response services; and
(5) ensure the program does not impact the critical
needs of vulnerable populations.
SECTION 4. The Public Utility Commission of Texas shall
adopt rules to implement the changes made by this Act to Section
39.905, Utilities Code, not later than December 31, 2023.
SECTION 5. This Act takes effect September 1, 2023.