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A BILL TO BE ENTITLED
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AN ACT
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relating to the participation of aggregated distributed energy |
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resources in the ERCOT market. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.002(17), Utilities Code, is amended |
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to read as follows: |
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(17) "Retail electric provider" means a person that |
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sells electric energy to retail customers in this state. A retail |
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electric provider may not own or operate generation assets but may |
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aggregate distributed energy resources. The term does not include |
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a person not otherwise a retail electric provider who owns or |
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operates equipment used solely to provide electricity charging |
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service for consumption by an alternatively fueled vehicle, as |
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defined by Section 502.004, Transportation Code. |
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SECTION 2. Section 39.351, Utilities Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A person may not generate electricity unless the person |
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is: |
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(1) registered with the commission as a power |
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generation company in accordance with this section; or |
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(2) aggregating distributed energy resources under |
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Section 39.3515. |
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(a-1) A person may register as a power generation company by |
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filing the following information with the commission: |
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(1) a description of the location of any facility used |
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to generate electricity; |
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(2) a description of the type of services provided; |
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(3) a copy of any information filed with the Federal |
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Energy Regulatory Commission in connection with registration with |
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that commission; and |
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(4) any other information required by commission rule, |
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provided that in requiring that information the commission shall |
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protect the competitive process in a manner that ensures the |
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confidentiality of competitively sensitive information. |
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SECTION 3. Subchapter H, Chapter 39, Utilities Code, is |
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amended by adding Section 39.3515 to read as follows: |
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Sec. 39.3515. AGGREGATED DISTRIBUTED ENERGY RESOURCES. (a) |
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A person who aggregates distributed energy resources shall: |
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(1) comply with rules, guidelines, and registration |
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requirements established by the commission and by Chapter 17 and |
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this chapter that apply to distributed energy resources; and |
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(2) ensure the compliance of a subcontractor, an |
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agent, or any other entity compensated by the person for all |
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distributed energy resource activities conducted on the person's |
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behalf by a subcontractor, agent, or other entity. |
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(b) The commission may establish rules and registration |
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requirements for the aggregation of distributed energy resources. |
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SECTION 4. This Act takes effect September 1, 2023. |