Texas 2023 - 88th Regular

Texas House Bill HB5066 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5066
2	2
3	3
4	4	AN ACT
5	5	relating to electricity service in areas of this state with a need
6	6	for transmission projects.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 37.056(c) and (c-1), Utilities Code,
9	9	are amended to read as follows:
10	10	(c) The commission shall grant each certificate on a
11	11	nondiscriminatory basis after considering:
12	12	(1) the adequacy of existing service;
13	13	(2) the need for additional service;
14	14	(3) the effect of granting the certificate on the
15	15	recipient of the certificate and any electric utility serving the
16	16	proximate area; and
17	17	(4) other factors, such as:
18	18	(A) community values;
19	19	(B) recreational and park areas;
20	20	(C) historical and aesthetic values;
21	21	(D) environmental integrity;
22	22	(E) the probable improvement of service or
23	23	lowering of cost to consumers in the area if the certificate is
24	24	granted, including any potential economic or reliability benefits
25	25	associated with dual fuel and fuel storage capabilities in areas
26	26	outside the ERCOT power region; and
27	27	(F) the need for extending transmission service
28	28	where existing or projected electrical loads will be underserved,
29	29	including where:
30	30	(i) the existing transmission service is
31	31	unreasonably remote;
32	32	(ii) the available capacity is unreasonably
33	33	limited at transmission or distribution voltage level; or
34	34	(iii) the electrical load cannot be
35	35	interconnected in a timely manner [to the extent applicable, the
36	36	effect of granting the certificate on the ability of this state to
37	37	meet the goal established by Section 39.904(a) of this title].
38	38	(c-1) In considering the need for additional service under
39	39	Subsection (c)(2) for a reliability transmission project that
40	40	serves the ERCOT power region or under Subsection (c)(4)(F), the
41	41	commission must consider the historical load, forecasted load
42	42	growth, and additional load currently seeking interconnection,
43	43	including load for which the electric utility has yet to sign an
44	44	interconnection agreement, as determined by the electric utility
45	45	with the responsibility for serving the load.
46	46	SECTION 2. Section 37.057, Utilities Code, is amended to
47	47	read as follows:
48	48	Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION
49	49	FACILITY. The commission must approve or deny an application for a
50	50	certificate for a new transmission facility not later than the
51	51	180th day after [the first anniversary of] the date the application
52	52	is filed. If the commission does not approve or deny the
53	53	application on or before that date, a party may seek a writ of
54	54	mandamus in a district court of Travis County to compel the
55	55	commission to decide on the application.
56	56	SECTION 3. Subchapter D, Chapter 39, Utilities Code, is
57	57	amended by adding Sections 39.166 and 39.167 to read as follows:
58	58	Sec. 39.166. RELIABILITY PLAN FOR REGIONS WITH RAPID
59	59	ELECTRICAL LOAD GROWTH. (a) The commission shall direct the
60	60	independent organization certified under Section 39.151 for the
61	61	ERCOT power region to:
62	62	(1) identify each region in which transmission
63	63	capacity is insufficient to meet the region's existing and
64	64	forecasted electrical load, as reasonably determined by the
65	65	certificated transmission service provider; and
66	66	(2) develop a reliability plan to serve existing and
67	67	forecasted electrical load in the identified region.
68	68	(b) The commission shall develop a plan to implement each
69	69	reliability plan adopted under Subsection (a) to ensure timely
70	70	development and approval of necessary transmission service
71	71	improvements.
72	72	Sec. 39.167. RELIABILITY PLAN FOR PERMIAN BASIN. (a) Not
73	73	later than January 30, 2024, the commission shall direct the
74	74	independent organization certified under Section 39.151 for the
75	75	ERCOT power region to develop a reliability plan under Section
76	76	39.166 for the Permian Basin region.
77	77	(b) The plan must:
78	78	(1) address extending transmission service to areas
79	79	where mineral resources have been found;
80	80	(2) address increasing available capacity to meet
81	81	forecasted load; and
82	82	(3) provide available infrastructure to reduce
83	83	interconnection times in areas without access to transmission
84	84	service.
85	85	(c) This section expires September 1, 2025.
86	86	SECTION 4. The changes in law made by this Act apply only to
87	87	a proceeding affecting a certificate of public convenience and
88	88	necessity that commences on or after the effective date of this Act.
89	89	A proceeding affecting a certificate of public convenience and
90	90	necessity that commenced before the effective date of this Act is
91	91	governed by the law in effect on the date the proceeding is
92	92	commenced, and that law is continued in effect for that purpose.
93	93	SECTION 5. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2023.
98	98	______________________________ ______________________________
99	99	President of the Senate Speaker of the House
100	100	I certify that H.B. No. 5066 was passed by the House on May 6,
101	101	2023, by the following vote: Yeas 135, Nays 0, 1 present, not
102	102	voting; and that the House concurred in Senate amendments to H.B.
103	103	No. 5066 on May 25, 2023, by the following vote: Yeas 139, Nays 3,
104	104	3 present, not voting.
105	105	______________________________
106	106	Chief Clerk of the House
107	107	I certify that H.B. No. 5066 was passed by the Senate, with
108	108	amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
109	109	0.
110	110	______________________________
111	111	Secretary of the Senate
112	112	APPROVED: __________________
113	113	Date
114	114	__________________
115	115	Governor