Texas 2025 - 89th Regular

Texas House Bill HB613 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3501 JXC-D
2	2	By: Rosenthal H.B. No. 613
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the interconnection of the ERCOT power grid to grids
10	10	outside the ERCOT power region.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle B, Title 2, Utilities Code, is amended
13	13	by adding Chapter 39A to read as follows:
14	14	CHAPTER 39A. INTERCONNECTION OF FACILITIES IN ERCOT TO GRIDS
15	15	OUTSIDE ERCOT POWER REGION
16	16	Sec. 39A.0101. UTILITY AND COOPERATIVE AUTHORITY.
17	17	Notwithstanding any other law, a transmission and distribution
18	18	utility, municipally owned utility, or electric cooperative that
19	19	transmits or distributes power purchased at wholesale in the ERCOT
20	20	power region may construct, own, and operate facilities as
21	21	necessary to:
22	22	(1) access transmission service from outside of the
23	23	ERCOT power region; and
24	24	(2) purchase power at wholesale from outside of the
25	25	ERCOT power region.
26	26	Sec. 39A.0102. COMMISSION AUTHORITY. (a) The commission
27	27	may request any federal approval necessary for the interconnection
28	28	of a facility described by Section 39A.0101.
29	29	(b) The commission shall require the independent
30	30	organization certified for the ERCOT power region under Section
31	31	39.151 to approve the interconnection of a facility described by
32	32	Section 39A.0101 unless otherwise provided by federal law or the
33	33	commission or the independent organization determines that the
34	34	interconnection poses a significant and imminent risk to public
35	35	health and safety.
36	36	(c) The commission may provide technical and administrative
37	37	assistance to a transmission and distribution utility, municipally
38	38	owned utility, or electric cooperative seeking to construct, own,
39	39	or operate a facility described by Section 39A.0101.
40	40	Sec. 39A.0103. SYNCHRONOUS AND NON-SYNCHRONOUS
41	41	INTERCONNECTIONS. (a) This chapter applies to synchronous and
42	42	non-synchronous interconnections.
43	43	(b) Unless otherwise provided by federal law, the
44	44	commission shall approve an application for a certificate of
45	45	convenience and necessity submitted under Section 39A.0104 by a
46	46	transmission and distribution utility, municipally owned utility,
47	47	or electric cooperative for a facility that would synchronously
48	48	interconnect to a facility outside the ERCOT power region if the
49	49	application complies with all applicable provisions of Chapter 37
50	50	and this chapter.
51	51	(c) Not later than September 1, 2027, the commission shall
52	52	identify transmission facilities in ERCOT that may be synchronously
53	53	interconnected with transmission facilities outside of ERCOT for
54	54	the purpose of allowing federal regulation of transmission service
55	55	and wholesale power sales in ERCOT. Notwithstanding any other law,
56	56	the commission shall require a transmission and distribution
57	57	utility, municipally owned utility, or electric cooperative that
58	58	owns a transmission facility identified by the commission to make
59	59	requests, obtain approvals, enter into contracts, and construct
60	60	facilities as necessary to synchronously interconnect the facility
61	61	with a transmission facility outside of ERCOT. This subsection
62	62	expires August 31, 2031.
63	63	SECTION 2. Sections 37.051(c-1), (c-2), and (c-3),
64	64	Utilities Code, are redesignated as Section 39A.0104, Utilities
65	65	Code, and amended to read as follows:
66	66	Sec. 39A.0104. CERTIFICATES OF CONVENIENCE AND NECESSITY.
67	67	(a) A transmission and distribution utility, [(c-1)
68	68	Notwithstanding any other provision of this title except Section
69	69	11.009, and except as provided by Subsection (c-2), a person,
70	70	including an electric utility or] municipally owned utility, or
71	71	electric cooperative may not interconnect a facility described by
72	72	Section 39A.0101 [to the ERCOT transmission grid that enables
73	73	additional power to be imported into or exported out of the ERCOT
74	74	power grid] unless the utility or cooperative [person] obtains a
75	75	certificate from the commission in the manner provided by Chapter
76	76	37 and this chapter stating that the interconnection does not pose a
77	77	significant and imminent risk to public health and safety [public
78	78	convenience and necessity requires or will require the
79	79	interconnection].
80	80	(b) In the case of a conflict between Chapter 37 and this
81	81	chapter, this chapter prevails.
82	82	(c) Sections 37.056(c)(1) and (2) and (d) do not apply to an
83	83	application for a certificate described by Subsection (a).
84	84	(d) The commission shall approve an application for a
85	85	certificate described by Subsection (a) unless otherwise provided
86	86	by federal law or the commission determines that granting the
87	87	application poses a significant and imminent risk to public health
88	88	and safety.
89	89	(e) The transmission and distribution utility, municipally
90	90	owned utility, or electric cooperative [person] must apply to the
91	91	commission for a [the] certificate described by Subsection (a) not
92	92	later than the 180th day before the date the utility or cooperative
93	93	[person] seeks any order from the Federal Energy Regulatory
94	94	Commission related to the interconnection.
95	95	(f) [The commission shall apply Section 37.056 in
96	96	considering an application under this subsection. In addition, the
97	97	commission must determine that the application is consistent with
98	98	the public interest before granting the certificate. The commission
99	99	may adopt rules necessary to implement this subsection. This
100	100	subsection does not apply to a facility that is in service on
101	101	December 31, 2014.
102	102	[(c-2)] The commission, not later than the 185th day after
103	103	the date the application is filed, shall approve an application
104	104	[filed under Subsection (c-1)] for a facility that is to be
105	105	constructed under an interconnection agreement appended to an offer
106	106	of settlement approved in a final order of the Federal Energy
107	107	Regulatory Commission that was issued in Docket No. TX11-01-001 on
108	108	or before December 31, 2014, directing physical connection between
109	109	the ERCOT and SERC regions under Sections 210, 211, and 212 of the
110	110	Federal Power Act (16 U.S.C. Sections 824i, 824j, and 824k). In
111	111	approving the application, the commission may prescribe reasonable
112	112	conditions to protect the public interest that are consistent with
113	113	the final order of the Federal Energy Regulatory Commission.
114	114	(g) [(c-3)] Nothing in this section [Subsection (c-1) or
115	115	(c-2)] is intended to restrict the authority of the commission or
116	116	the independent organization certified under Section 39.151 for the
117	117	ERCOT power region to adopt rules or protocols of general
118	118	applicability.
119	119	SECTION 3. This Act takes effect September 1, 2025.