By: Menéndez, Eckhardt, Zaffirini S.B. No. 114
(In the Senate - Filed November 14, 2022; February 15, 2023,
read first time and referred to Committee on Business & Commerce;
April 28, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; April 28, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 114 By: Menéndez
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 that offer demand response
programs; and
(9) to receive notice from the retail electric
provider that serves the customer when the independent organization
certified under Section 39.151 for the ERCOT power region issues an
emergency energy alert.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.919 to read as follows:
Sec. 39.919. AVERAGE TOTAL RESIDENTIAL LOAD REDUCTION
GOALS. (a) The commission by rule shall establish goals in the
ERCOT power region to reduce the average total residential load.
(b) The rules adopted under Subsection (a) must provide for
the adoption of a program that:
(1) provides demand response participation to
residential customers where reasonably available;
(2) promotes the use of smart metering technology;
(3) is 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) provides opportunities for demand response
providers to contract with retail electric providers to provide
demand response services;
(5) ensures the program does not impact the critical
needs of vulnerable populations;
(6) facilitates the widespread deployment of smart
responsive appliances and devices in a manner that enables the
customer's appliance or device to be enrolled as part of a demand
response product or plan offered by a retail electric provider;
(7) establishes the method by which the components of
the ratio described by Subsection (c) are calculated for purposes
of determining whether the goals described by Subsection (a) have
been achieved;
(8) provides for achievement of demand reductions
within both summer and winter seasons; and
(9) allows a retail electric provider that offers a
demand response program under this section to obtain funding for
the demand response program through an energy efficiency incentive
program established under Section 39.905.
(c) The goals described by Subsection (a) must be calculated
as a ratio by dividing the amount of load reduced at peak demand by
the total amount of demand, at the same time, of all residential
customers who have responsive appliances or devices at their
premises that reduce the electric consumption of the customers.
SECTION 3. The Public Utility Commission of Texas shall
adopt rules as necessary for the adoption of a program to begin
facilitating the widespread deployment of appliances and devices
capable of being part of a demand response product or plan offered
by a retail electric provider, as provided by Section 39.919(b)(6),
Utilities Code, as added by this Act, before December 31, 2024.
SECTION 4. 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.
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