Texas 2023 - 88th Regular

Texas Senate Bill SB1296 Compare Versions

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Version 2 (New)

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1	1	88R7171 DIO-F
2	2	By: Schwertner S.B. No. 1296
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the approval of a certificate of public convenience and
8	8	necessity for certain transmission projects.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 37.056, Utilities Code, is amended by
11	11	amending Subsection (d) and adding Subsection (d-1) to read as
12	12	follows:
13	13	(d) The commission by rule shall establish criteria, in
14	14	addition to the criteria described by Subsection (c), for granting
15	15	a certificate for a transmission project that serves the ERCOT
16	16	power region, that is not necessary to meet state or federal
17	17	reliability standards, and that is not included in a plan developed
18	18	under Section 39.904(g). [The criteria must include a comparison
19	19	of the estimated cost of the transmission project for consumers and
20	20	the estimated congestion cost savings for consumers that may result
21	21	from the transmission project, considering both current and future
22	22	expected congestion levels and the transmission project's ability
23	23	to reduce those congestion levels.] The commission shall include
24	24	with its decision on an application for a certificate to which this
25	25	subsection applies findings on the criteria. The criteria must:
26	26	(1) include a comparison of the estimated cost of the
27	27	transmission project to consumers and the estimated congestion cost
28	28	savings for consumers that may result from the project, considering
29	29	both current and expected congestion levels and the project's
30	30	ability to reduce those levels;
31	31	(2) address:
32	32	(A) other benefits of the transmission project,
33	33	including deferral of reliability upgrade costs, reduction of
34	34	transmission system losses, and reduction of operating reserve
35	35	costs;
36	36	(B) solutions to relieve generic transmission
37	37	constraints;
38	38	(C) potential for increasing transmission system
39	39	reliability, resiliency, and operational flexibility;
40	40	(D) potential for minimizing outage moratoria
41	41	and transmission system congestion by employing planning criteria
42	42	that include contingencies for a planned outage followed by an
43	43	unplanned outage under peak conditions; and
44	44	(E) the operational benefits and reduced impacts
45	45	on affected landowners of constructing new transmission lines
46	46	operating below 345 kilovolts as double circuit capable lines;
47	47	(3) evaluate:
48	48	(A) the costs of the transmission project on a
49	49	levelized basis over the life of the project; and
50	50	(B) the benefits of the transmission project on a
51	51	levelized basis over the life of the project or the longest period
52	52	determined to be reasonable by the commission; and
53	53	(4) for high growth areas and areas experiencing rapid
54	54	growth in power demand, including coastal port areas, oil and gas
55	55	producing and processing areas, and the Lower Rio Grande Valley:
56	56	(A) consider loads under signed interconnection
57	57	agreements with the transmission service provider and the
58	58	transmission service provider's forecast of high confidence load
59	59	that is not under a signed interconnection agreement; and
60	60	(B) prioritize the addition of load serving
61	61	capability onto the transmission system in order to serve load
62	62	growth in a timely fashion.
63	63	(d-1) For a transmission project described by Subsection
64	64	(d), the commission shall require all new transmission lines
65	65	operating at 345 kilovolts to be constructed as double circuit
66	66	capable lines unless the electric utility requests an exception.
67	67	SECTION 2. Section 37.057, Utilities Code, is amended to
68	68	read as follows:
69	69	Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION
70	70	FACILITY. The commission must approve or deny an application for a
71	71	certificate for a new transmission facility not later than the
72	72	181st day after [the first anniversary of] the date the application
73	73	is filed. If the commission does not approve or deny the
74	74	application on or before that date, a party may seek a writ of
75	75	mandamus in a district court of Travis County to compel the
76	76	commission to decide on the application.
77	77	SECTION 3. The changes in law made by this Act apply only to
78	78	a proceeding affecting a certificate of public convenience and
79	79	necessity that commences on or after the effective date of this Act.
80	80	A proceeding affecting a certificate of public convenience and
81	81	necessity that commenced before the effective date of this Act is
82	82	governed by the law in effect on the date the proceeding is
83	83	commenced, and that law is continued in effect for that purpose.
84	84	SECTION 4. This Act takes effect immediately if it receives
85	85	a vote of two-thirds of all the members elected to each house, as
86	86	provided by Section 39, Article III, Texas Constitution. If this
87	87	Act does not receive the vote necessary for immediate effect, this
88	88	Act takes effect September 1, 2023.