Texas 2025 - 89th Regular

Texas Senate Bill SB231 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: King, Alvarado S.B. No. 231
2		-	Bettencourt
3		-
4		-
	1	+	By: King, Alvarado, Bettencourt S.B. No. 231
	2	+	(In the Senate - Filed November 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Business & Commerce;
	4	+	April 9, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 10, Nays 0; April 9, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 231 By: Schwertner
5	9
6	10
7	11		A BILL TO BE ENTITLED
8	12		AN ACT
9	13		relating to temporary emergency electric energy facilities.
10	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	15		SECTION 1. Section 39.918, Utilities Code, is amended by
12	16		amending Subsections (d) and (f) and adding Subsections (f-1),
13	17		(f-2), (f-3), and (f-4) to read as follows:
14	18		(d) A facility [Facilities] described by Subsection (b)(1):
15	19		(1) must be operated in isolation from the bulk power
16	20		system; [and]
17	21		(2) may not be included in independent system
18	22		operator:
19	23		(A) locational marginal pricing calculations;
20	24		(B) pricing; or
21	25		(C) reliability models;
22	26		(3) must be:
23	27		(A) mobile;
24	28		(B) capable of being moved from its staged
25	29		location in less than 12 hours; and
26	30		(C) capable of generating electric energy within
27	31		three hours after being connected to a demand source; and
28	32		(4) must have a maximum generation capacity of not
29	33		more than five megawatts.
30	34		(f) A transmission and distribution utility shall[, when
31	35		reasonably practicable,] use a competitive bidding process to lease
32	36		facilities under Subsection (b)(1).
33	37		(f-1) A transmission and distribution utility may not enter
34	38		into a lease under Subsection (b)(1) unless:
35	39		(1) the commission first, in a rate proceeding or a
36	40		separate contested case hearing, authorizes:
37	41		(A) the total generating capacity the utility may
38	42		lease; and
39	43		(B) the functions for which the utility may lease
40	44		facilities and the generation capacity the utility may lease for
41	45		each function; or
42	46		(2) the lease includes a provision that allows
43	47		alteration of the lease based on commission order or rule.
44	48		(f-2) The commission may limit the period during which an
45	49		authorization issued under Subsection (f-1) is valid.
46	50		(f-3) Notwithstanding Subsections (f) and (f-1)(1), a
47	51		transmission and distribution utility may enter into a lease under
48	52		Subsection (b)(1) without competitive bidding or prior commission
49	53		approval if:
50	54		(1) the transmission and distribution utility lacks
51	55		the leased generating capacity necessary to aid in restoring power
52	56		to the utility's customers during a significant power outage;
53	57		(2) the amount of leased generating capacity does not
54	58		significantly exceed the amount of megawatts necessary to restore
55	59		electric service to the utility's customers during a significant
56	60		power outage; and
57	61		(3) the term of the lease does not significantly
58	62		exceed the time period that is required to restore electric service
59	63		to the utility's customers during a significant power outage.
60	64		(f-4) A transmission and distribution utility that enters
61	65		into a lease in the manner provided by Subsection (f-3) shall
62	66		provide documentation to justify the amount of leased generating
63	67		capacity during the first base rate proceeding after the date the
64	68		lease begins.
65	69		SECTION 2. The changes in law made by this Act to Section
66	70		39.918(d), Utilities Code, apply only to a temporary emergency
67	71		electric energy facility leased by a transmission and distribution
68	72		utility on or after the effective date of this Act. A temporary
69	73		emergency electric energy facility that was leased by a
70	74		transmission and distribution utility under Section 39.918(b)(1),
71	75		Utilities Code, before the effective date of this Act is governed by
72	76		the law in effect at the time the lease was executed, and the former
73	77		law is continued in effect for that purpose.
74	78		SECTION 3. This Act takes effect immediately if it receives
75	79		a vote of two-thirds of all the members elected to each house, as
76	80		provided by Section 39, Article III, Texas Constitution. If this
77	81		Act does not receive the vote necessary for immediate effect, this
78	82		Act takes effect September 1, 2025.
	83	+	* * * * *