H.B. No. 5066
AN ACT
relating to electricity service in areas of this state with a need
for transmission projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.056(c) and (c-1), Utilities Code,
are amended to read as follows:
(c) The commission shall grant each certificate on a
nondiscriminatory basis after considering:
(1) the adequacy of existing service;
(2) the need for additional service;
(3) the effect of granting the certificate on the
recipient of the certificate and any electric utility serving the
proximate area; and
(4) other factors, such as:
(A) community values;
(B) recreational and park areas;
(C) historical and aesthetic values;
(D) environmental integrity;
(E) the probable improvement of service or
lowering of cost to consumers in the area if the certificate is
granted, including any potential economic or reliability benefits
associated with dual fuel and fuel storage capabilities in areas
outside the ERCOT power region; and
(F) the need for extending transmission service
where existing or projected electrical loads will be underserved,
including where:
(i) the existing transmission service is
unreasonably remote;
(ii) the available capacity is unreasonably
limited at transmission or distribution voltage level; or
(iii) the electrical load cannot be
interconnected in a timely manner [to the extent applicable, the
effect of granting the certificate on the ability of this state to
meet the goal established by Section 39.904(a) of this title].
(c-1) In considering the need for additional service under
Subsection (c)(2) for a reliability transmission project that
serves the ERCOT power region or under Subsection (c)(4)(F), the
commission must consider the historical load, forecasted load
growth, and additional load currently seeking interconnection,
including load for which the electric utility has yet to sign an
interconnection agreement, as determined by the electric utility
with the responsibility for serving the load.
SECTION 2. Section 37.057, Utilities Code, is amended to
read as follows:
Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION
FACILITY. The commission must approve or deny an application for a
certificate for a new transmission facility not later than the
180th day after [the first anniversary of] the date the application
is filed. If the commission does not approve or deny the
application on or before that date, a party may seek a writ of
mandamus in a district court of Travis County to compel the
commission to decide on the application.
SECTION 3. Subchapter D, Chapter 39, Utilities Code, is
amended by adding Sections 39.166 and 39.167 to read as follows:
Sec. 39.166. RELIABILITY PLAN FOR REGIONS WITH RAPID
ELECTRICAL LOAD GROWTH. (a) The commission shall direct the
independent organization certified under Section 39.151 for the
ERCOT power region to:
(1) identify each region in which transmission
capacity is insufficient to meet the region's existing and
forecasted electrical load, as reasonably determined by the
certificated transmission service provider; and
(2) develop a reliability plan to serve existing and
forecasted electrical load in the identified region.
(b) The commission shall develop a plan to implement each
reliability plan adopted under Subsection (a) to ensure timely
development and approval of necessary transmission service
improvements.
Sec. 39.167. RELIABILITY PLAN FOR PERMIAN BASIN. (a) Not
later than January 30, 2024, the commission shall direct the
independent organization certified under Section 39.151 for the
ERCOT power region to develop a reliability plan under Section
39.166 for the Permian Basin region.
(b) The plan must:
(1) address extending transmission service to areas
where mineral resources have been found;
(2) address increasing available capacity to meet
forecasted load; and
(3) provide available infrastructure to reduce
interconnection times in areas without access to transmission
service.
(c) This section expires September 1, 2025.
SECTION 4. The changes in law made by this Act apply only to
a proceeding affecting a certificate of public convenience and
necessity that commences on or after the effective date of this Act.
A proceeding affecting a certificate of public convenience and
necessity that commenced before the effective date of this Act is
governed by the law in effect on the date the proceeding is
commenced, and that law is continued in effect for that purpose.
SECTION 5. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5066 was passed by the House on May 6,
2023, by the following vote: Yeas 135, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 5066 on May 25, 2023, by the following vote: Yeas 139, Nays 3,
3 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5066 was passed by the Senate, with
amendments, on May 21, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor