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A BILL TO BE ENTITLED
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AN ACT
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relating to the recognition of priority transmission areas in the |
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ERCOT power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.056, Utilities Code, is amended by |
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adding Subsections (j), (k), (l), and (m) to read as follows: |
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(j) The independent organization certified under Section |
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39.151 for the ERCOT power region shall recognize in its planning |
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procedures priority transmission areas in the ERCOT power region |
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for transmission expansion to ensure continuous service and |
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accommodate economic development in those areas. |
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(k) In this section, a priority transmission area is a |
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metropolitan statistical area: |
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(1) that has a population of more than 250,000; |
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(2) that has no direct or looped interconnection at |
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345 kilovolts with the ERCOT power region transmission network or |
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only a limited interconnection of that type; |
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(3) that is served by an electric cooperative, |
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municipally owned utility, or transmission and distribution |
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utility that does not own a 345 kilovolt transmission facility or a |
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345-to-138 kilovolt autotransformer; and |
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(4) the growth and economic development of which is |
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constrained as a consequence of the conditions described by |
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Subdivisions (2) and (3). |
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(l) Recognition by the independent organization certified |
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under Section 39.151 for the ERCOT power region of an area as a |
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priority transmission area creates a presumption that the area |
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needs additional service under Subsection (c)(2). |
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(m) The commission shall approve or deny an application to |
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serve a priority transmission area not later than the 185th day |
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after the date the application is filed. If the commission does not |
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approve or deny the application on or before that date, a party may |
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seek a writ of mandamus in a district court of Travis County to |
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compel the commission to decide on the application. |
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SECTION 2. (a) The Public Utility Commission of Texas, with |
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the assistance of the independent organization certified under |
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Section 39.151, Utilities Code, for the ERCOT power region, shall |
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identify and conduct a study of the transmission capacity and |
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transmission needs of priority transmission areas, as defined by |
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Section 37.056, Utilities Code, as amended by this Act. |
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(b) The Public Utility Commission of Texas shall report to |
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the legislature the results of the study not later than December 31, |
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2023. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |