Texas 2023 - 88th Regular

Texas Senate Bill SB31 Compare Versions

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1	1	88R3569 JXC-D
2	2	By: Zaffirini S.B. No. 31
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the interconnection of the ERCOT power grid to grids
8	8	outside the ERCOT power region.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 2, Utilities Code, is amended
11	11	by adding Chapter 39A to read as follows:
12	12	CHAPTER 39A. INTERCONNECTION OF FACILITIES IN ERCOT TO GRIDS
13	13	OUTSIDE ERCOT POWER REGION
14	14	Sec. 39A.0101. UTILITY AND COOPERATIVE AUTHORITY.
15	15	Notwithstanding any other law, a transmission and distribution
16	16	utility, municipally owned utility, or electric cooperative that
17	17	transmits or distributes power purchased at wholesale in the ERCOT
18	18	power region may construct, own, and operate facilities as
19	19	necessary to:
20	20	(1) access transmission service from outside of the
21	21	ERCOT power region; and
22	22	(2) purchase power at wholesale from outside of the
23	23	ERCOT power region.
24	24	Sec. 39A.0102. COMMISSION AUTHORITY. (a) The commission
25	25	may request any federal approval necessary for the interconnection
26	26	of a facility described by Section 39A.0101.
27	27	(b) Unless provided otherwise by federal law, the
28	28	commission shall require the independent organization certified
29	29	for the ERCOT power region under Section 39.151 to approve the
30	30	interconnection of a facility described by Section 39A.0101 unless
31	31	the commission or the independent organization determines that the
32	32	interconnection poses a significant and imminent risk to public
33	33	health and safety.
34	34	(c) The commission may provide technical and administrative
35	35	assistance to a transmission and distribution utility, municipally
36	36	owned utility, or electric cooperative seeking to construct, own,
37	37	or operate a facility described by Section 39A.0101.
38	38	Sec. 39A.0103. SYNCHRONOUS and NON-SYNCHRONOUS
39	39	INTERCONNECTIONS. (a) This chapter applies to synchronous and
40	40	non-synchronous interconnections.
41	41	(b) Unless otherwise provided by federal law, the
42	42	commission shall approve an application for a certificate of
43	43	convenience and necessity submitted under Section 39A.0104 by a
44	44	transmission and distribution utility, municipally owned utility,
45	45	or electric cooperative for a facility that would synchronously
46	46	interconnect to a facility outside the ERCOT power region if the
47	47	application complies with all applicable provisions of Chapter 37
48	48	and this chapter.
49	49	SECTION 2. Sections 37.051(c-1), (c-2), and (c-3),
50	50	Utilities Code, are redesignated as Section 39A.0104, Utilities
51	51	Code, and amended to read as follows:
52	52	Sec. 39A.0104. CERTIFICATES OF CONVENIENCE AND NECESSITY.
53	53	(a) A transmission and distribution utility, [(c-1)
54	54	Notwithstanding any other provision of this title except Section
55	55	11.009, and except as provided by Subsection (c-2), a person,
56	56	including an electric utility or] municipally owned utility, or
57	57	electric cooperative may not interconnect a facility described by
58	58	Section 39A.0101 [to the ERCOT transmission grid that enables
59	59	additional power to be imported into or exported out of the ERCOT
60	60	power grid] unless the utility or cooperative [person] obtains a
61	61	certificate from the commission in the manner provided by Chapter
62	62	37 and this chapter stating that the interconnection does not pose a
63	63	significant and imminent risk to public health and safety [public
64	64	convenience and necessity requires or will require the
65	65	interconnection].
66	66	(b) In the case of a conflict between Chapter 37 and this
67	67	chapter, this chapter prevails.
68	68	(c) Sections 37.056(c)(1) and (2) and (d) do not apply to an
69	69	application for a certificate described by Subsection (a).
70	70	(d) Unless otherwise provided by federal law, the
71	71	commission shall approve an application for a certificate described
72	72	by Subsection (a) unless the commission determines that granting
73	73	the application poses a significant and imminent risk to public
74	74	health and safety.
75	75	(e) The transmission and distribution utility, municipally
76	76	owned utility, or electric cooperative [person] must apply to the
77	77	commission for a [the] certificate described by Subsection (a) not
78	78	later than the 180th day before the date the utility or cooperative
79	79	[person] seeks any order from the Federal Energy Regulatory
80	80	Commission related to the interconnection.
81	81	(f) [The commission shall apply Section 37.056 in
82	82	considering an application under this subsection. In addition, the
83	83	commission must determine that the application is consistent with
84	84	the public interest before granting the certificate. The commission
85	85	may adopt rules necessary to implement this subsection. This
86	86	subsection does not apply to a facility that is in service on
87	87	December 31, 2014.
88	88	[(c-2)] The commission, not later than the 185th day after
89	89	the date the application is filed, shall approve an application
90	90	[filed under Subsection (c-1)] for a facility that is to be
91	91	constructed under an interconnection agreement appended to an offer
92	92	of settlement approved in a final order of the Federal Energy
93	93	Regulatory Commission that was issued in Docket No. TX11-01-001 on
94	94	or before December 31, 2014, directing physical connection between
95	95	the ERCOT and SERC regions under Sections 210, 211, and 212 of the
96	96	Federal Power Act (16 U.S.C. Sections 824i, 824j, and 824k). In
97	97	approving the application, the commission may prescribe reasonable
98	98	conditions to protect the public interest that are consistent with
99	99	the final order of the Federal Energy Regulatory Commission.
100	100	(g) [(c-3)] Nothing in this section [Subsection (c-1) or
101	101	(c-2)] is intended to restrict the authority of the commission or
102	102	the independent organization certified under Section 39.151 for the
103	103	ERCOT power region to adopt rules or protocols of general
104	104	applicability.
105	105	SECTION 3. This Act does not require the Public Utility
106	106	Commission of Texas to amend a certificate of convenience and
107	107	necessity issued under Chapter 37, Utilities Code, before the
108	108	effective date of this Act.
109	109	SECTION 4. This Act takes effect September 1, 2023.