By: Johnson S.B. No. 1699
(Hunter)
A BILL TO BE ENTITLED
AN ACT
relating to the participation of aggregated distributed energy
resources in the ERCOT market.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.002(17), Utilities Code, is amended
to read as follows:
(17) "Retail electric provider" means a person that
sells electric energy to retail customers in this state. A retail
electric provider may not own or operate generation assets but may
aggregate distributed energy resources under Section 39.3515. The
term does not include a person not otherwise a retail electric
provider who owns or operates equipment used solely to provide
electricity charging service for consumption by an alternatively
fueled vehicle, as defined by Section 502.004, Transportation Code.
SECTION 2. Section 39.351, Utilities Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A person may not generate electricity unless:
(1) the person is registered with the commission as a
power generation company in accordance with this section; or
(2) the electricity is generated as part of a
registered aggregate distributed energy resource under Section
39.3515.
(a-1) A person may register as a power generation company by
filing the following information with the commission:
(1) a description of the location of any facility used
to generate electricity;
(2) a description of the type of services provided;
(3) a copy of any information filed with the Federal
Energy Regulatory Commission in connection with registration with
that commission; and
(4) any other information required by commission rule,
provided that in requiring that information the commission shall
protect the competitive process in a manner that ensures the
confidentiality of competitively sensitive information.
SECTION 3. Subchapter H, Chapter 39, Utilities Code, is
amended by adding Section 39.3515 to read as follows:
Sec. 39.3515. AGGREGATE DISTRIBUTED ENERGY RESOURCES. (a)
A person who aggregates distributed energy resources:
(1) is not required to register as a power generation
company to aggregate the resources;
(2) shall comply with rules, guidelines, and
registration requirements established by the commission and by
Chapter 17 and this chapter; and
(3) remains accountable for compliance with the
applicable statutes and rules by a subcontractor, an agent, or any
other entity compensated by the person for activities conducted on
the person's behalf.
(b) The commission may establish rules and registration
requirements for the aggregation of distributed energy resources.
SECTION 4. This Act takes effect September 1, 2023.