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A BILL TO BE ENTITLED
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AN ACT
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relating to the equitable distribution of involuntary load shedding |
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events. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.076(c), Utilities Code, is amended to |
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read as follows: |
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(c) The commission by rule shall: |
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(1) categorize types of critical load that may be |
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given the highest priority for power restoration; and |
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(2) require electric cooperatives, municipally owned |
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utilities, and transmission and distribution utilities providing |
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transmission service in the ERCOT power region to submit to each |
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county and municipality in which the cooperative or utility |
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provides service, the commission, and the independent organization |
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certified under Section 39.151 for the region: |
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(A) customers or circuits the cooperative or |
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utility has designated as critical load; and |
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(B) a plan for participating in load shedding in |
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response to an involuntary load shedding event described by |
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Subsection (a). |
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SECTION 2. Subchapter D, Chapter 38, Utilities Code, is |
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amended by adding Sections 38.078 and 38.079 to read as follows: |
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Sec. 38.078. UPGRADES TO DISTRIBUTION SYSTEM. (a) Each |
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transmission and distribution utility, municipally owned utility, |
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and electric cooperative shall make upgrades to the distribution |
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system operated by the utility or cooperative for the purpose of |
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more evenly distributing involuntary load shedding. |
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(b) A transmission and distribution utility, municipally |
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owned utility, or electric cooperative may recover reasonable and |
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necessary costs incurred in making upgrades to the distribution |
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system operated by the utility or cooperative. |
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(c) Each transmission and distribution utility, municipally |
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owned utility, and electric cooperative shall make a plan for using |
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advanced metering technology, software, equipment, and other |
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upgrades to a distribution system to deploy involuntary load |
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shedding. |
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(d) A plan developed under Subsection (c) may include use of |
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both advanced metering technology and distribution feeders. |
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Sec. 38.079. CRITICAL LOAD DESIGNATION. (a) The |
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commission by rule shall require electric cooperatives, |
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municipally owned utilities, and transmission and distribution |
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utilities to designate the following types of facilities as |
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critical load public safety customers, as defined by commission |
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rule: |
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(1) long-term care facilities; |
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(2) food pantries; |
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(3) homeless shelters; |
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(4) temporary shelters identified by the county; |
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(5) critical telecommunications facilities; |
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(6) critical water or wastewater facilities, as |
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defined by Section 418.0425, Government Code; and |
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(7) hospital facilities licensed under Chapter 241, |
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Health and Safety Code. |
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(b) The commission shall allow a county to designate a |
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critical load public safety customer, as defined by commission |
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rule. |
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SECTION 3. (a) In this section, the term "transmission and |
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distribution utility" has the meaning assigned by Section 31.002, |
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Utilities Code. |
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(b) Not later than September 1, 2024, the Public Utility |
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Commission of Texas shall adopt rules as necessary to implement the |
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changes in law made by this Act. |
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(c) A transmission and distribution utility, municipally |
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owned utility, or electric cooperative shall implement Section |
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38.078, Utilities Code, as added by this Act, not later than |
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September 1, 2027. |
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(d) The Public Utility Commission of Texas may extend the |
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deadline under Subsection (c) of this section by not more than one |
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year, on a case-by-case basis. |
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SECTION 4. This Act takes effect September 1, 2023. |