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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 under Section 39.3515. The |
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term does not include a person not otherwise a retail electric |
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provider who owns or operates equipment used solely to provide |
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electricity charging service for consumption by an alternatively |
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fueled vehicle, as 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: |
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(1) the person is registered with the commission as a |
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power generation company in accordance with this section; or |
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(2) the electricity is generated as part of a |
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registered aggregate distributed energy resource under Section |
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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. AGGREGATE DISTRIBUTED ENERGY RESOURCES. (a) |
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A person who aggregates distributed energy resources: |
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(1) is not required to register as a power generation |
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company to aggregate the resources; |
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(2) shall comply with rules, guidelines, and |
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registration requirements established by the commission and by |
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Chapter 17 and this chapter; and |
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(3) remains accountable for compliance with the |
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applicable statutes and rules by a subcontractor, an agent, or any |
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other entity compensated by the person for activities conducted on |
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the person's behalf. |
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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. |