Texas 2023 - 88th Regular

Texas Senate Bill SB114 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R31107 DIO-F
2	2	By: Menéndez, et al. S.B. No. 114
3	3	(Anchía)
4	4	Substitute the following for S.B. No. 114: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of electricity service in the ERCOT power
10	10	region.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 39.101(b), Utilities Code, is amended to
13	13	read as follows:
14	14	(b) A customer is entitled:
15	15	(1) to be informed about rights and opportunities in
16	16	the transition to a competitive electric industry;
17	17	(2) to choose the customer's retail electric provider
18	18	consistent with this chapter, to have that choice honored, and to
19	19	assume that the customer's chosen provider will not be changed
20	20	without the customer's informed consent;
21	21	(3) to have access to providers of energy efficiency
22	22	services, to on-site distributed generation, and to providers of
23	23	energy generated by renewable energy resources;
24	24	(4) to be served by a provider of last resort that
25	25	offers a commission-approved standard service package;
26	26	(5) to receive sufficient information to make an
27	27	informed choice of service provider;
28	28	(6) to be protected from unfair, misleading, or
29	29	deceptive practices, including protection from being billed for
30	30	services that were not authorized or provided; [and]
31	31	(7) to have an impartial and prompt resolution of
32	32	disputes with its chosen retail electric provider and transmission
33	33	and distribution utility;
34	34	(8) to participation in demand response programs
35	35	through retail electric providers that offer demand response
36	36	programs; and
37	37	(9) to receive notice from the retail electric
38	38	provider that serves the customer when the independent organization
39	39	certified under Section 39.151 for the ERCOT power region issues an
40	40	emergency energy alert.
41	41	SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
42	42	amended by adding Section 39.919 to read as follows:
43	43	Sec. 39.919. AVERAGE TOTAL RESIDENTIAL LOAD REDUCTION
44	44	GOALS. (a) The commission by rule shall establish goals in the
45	45	ERCOT power region to reduce the average total residential load.
46	46	(b) The rules adopted under Subsection (a) must provide for
47	47	the adoption of a program that:
48	48	(1) provides demand response participation to
49	49	residential customers where reasonably available;
50	50	(2) promotes the use of smart metering technology;
51	51	(3) is capable of responding to an emergency energy
52	52	alert about low operating reserves issued by the independent
53	53	organization certified under Section 39.151 for the ERCOT power
54	54	region;
55	55	(4) provides opportunities for demand response
56	56	providers to contract with retail electric providers to provide
57	57	demand response services;
58	58	(5) ensures the program does not impact the critical
59	59	needs of vulnerable populations;
60	60	(6) facilitates the widespread deployment of smart
61	61	responsive appliances and devices in a manner that enables the
62	62	customer's appliance or device to be enrolled as part of a demand
63	63	response product or plan offered by a retail electric provider;
64	64	(7) establishes the method by which the components of
65	65	the ratio described by Subsection (c) are calculated for purposes
66	66	of determining whether the goals described by Subsection (a) have
67	67	been achieved;
68	68	(8) provides for achievement of demand reductions
69	69	within both summer and winter seasons; and
70	70	(9) allows a retail electric provider that offers a
71	71	demand response program under this section to obtain funding for
72	72	the demand response program through an energy efficiency incentive
73	73	program established under Section 39.905 if the program complies
74	74	with commission requirements adopted under Section 39.905.
75	75	(c) The goals described by Subsection (a) must be calculated
76	76	as a ratio by dividing the amount of load reduced at peak demand by
77	77	the total amount of demand, at the same time, of all residential
78	78	customers who have responsive appliances or devices at their
79	79	premises that reduce the electric consumption of the customers.
80	80	(d) A transmission and distribution utility required to
81	81	provide an energy efficiency incentive program under Section 39.905
82	82	may use up to 10 percent of the budgeted spending for those programs
83	83	on demand response programs described by Subsection (b)(9).
84	84	SECTION 3. The Public Utility Commission of Texas shall
85	85	adopt rules as necessary for the adoption of a program to begin
86	86	facilitating the widespread deployment of appliances and devices
87	87	capable of being part of a demand response product or plan offered
88	88	by a retail electric provider, as provided by Section 39.919(b)(6),
89	89	Utilities Code, as added by this Act, before December 31, 2024.
90	90	SECTION 4. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2023.