Amend CSSB 5 as follows: (1) On page 34, between lines 7-8, insert new Subsection (d): (d) In lieu of the money from sources described in Subsection (c), the fund may consist of money from the negative stranded costs surcharge under Section 39.201(d), Utilities Code. (2) On page 55, between lines 19-20, insert the new appropriately numbered Sections of the bill and renumber subsequent Sections of the bill accordingly: SECTION __. Section 39.2011, Utilities Code, is added to read as follows: Sec. 39.2011. TEXAS EMISSIONS REDUCTION PLAN SURCHARGE; NEGATIVE STRANDED COSTS. (a) If the commission determines that an electric utility that is subject to Section 39.254 and that has a service area exclusively located within the Electric Reliability Council of Texas does not have positive stranded costs based on a computation under Section 39.201(h), the commission shall order that mitigation attributable to positive differences identified under Section 39.257, excluding estimates of positive differences for calendar year 2001 and including mitigation attributable to excess earnings identified in accordance with transition plans approved by the commission, be applied such that 50 percent of such amounts allocable to residential customers, according to a methodology determined by the commission, shall be applied: (1) first, as a negative stranded costs surcharge dedicated to the Texas Emissions Reduction Plan Fund, in a total amount for all such electric utilities not to exceed the equivalent of the present value of $150 million per year for the equivalent of seven years, in accordance with rules of the commission; and (2) for all remaining amounts, as ordered by the commission, as provided by law. (b) A credit ordered in accordance with Subsection (a)(1) is not a reduction to retail base rates. If this section applies, any positive difference under the report required by Section 39.257(b) shall be applied as ordered by the commission. SECTION __. (a) If the Public Utility Commission directs a negative stranded costs surcharge to the Texas Emissions Reduction Plan Fund under Section 39.2011, Utilities Code, and the negative stranded costs surcharge will equal the equivalent of the present value of $150 million per year for the equivalent of seven years, the other fees and surcharges imposed by this Act shall no longer be collected as of the year following the collection of the negative stranded costs surcharge. (b) If the Public Utility Commission directs a negative stranded costs surcharge to the Texas Emissions Reduction Plan Fund under Section 39.2011, Utilities Code, and the negative stranded costs surcharge will not equal the amount in Subsection (a), the comptroller shall reduce all other fees and surcharges imposed by this Act proportionately in an amount needed to equal $150 million per year for the years remaining until the fees and surcharges expire.