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A BILL TO BE ENTITLED
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AN ACT
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relating to the classification and use of energy storage equipment |
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or facilities and the provision of studies and reports regarding |
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energy storage equipment or those facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 31, Utilities Code, is amended by adding |
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Section 31.006 to read as follows: |
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Sec. 31.006. ENERGY STORAGE EQUIPMENT OR FACILITIES. |
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(a) The commission by rule shall classify energy storage equipment |
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or facilities in this state as a separate class or separate classes |
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of equipment or facilities, distinct from generation or |
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transmission and distribution equipment or facilities. A rule |
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adopted under this section may not prohibit energy storage |
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equipment or facilities from being used to provide a service |
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related to the generation, transmission, or distribution of |
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electricity in this state. |
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(b) The commission by rule shall provide a mechanism for a |
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transmission and distribution utility to provide transmission and |
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distribution services using energy storage equipment or facilities |
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owned or operated by the utility or by another person. |
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SECTION 2. Section 39.904(k), Utilities Code, is amended to |
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read as follows: |
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(k) The commission and the independent organization |
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certified for ERCOT shall study the need for increased transmission |
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capacity, [and] generation capacity, and energy storage capacity |
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throughout this state and report to the legislature the results of |
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the study and any recommendations for legislation. The report must |
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be filed with the legislature not later than December 31 of each |
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even-numbered year and may be filed as a part of the report required |
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by Subsection (j). |
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SECTION 3. Sections 39.905(b-3) and (d), Utilities Code, |
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are amended to read as follows: |
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(b-3) Not [Beginning not] later than January 1, 2012 [2008], |
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the commission, in consultation with the State Energy Conservation |
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Office, [annually for a period of five years] shall compute and |
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report to ERCOT the projected energy savings and demand impacts for |
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each entity in the ERCOT region that administers standard offer |
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programs, market transformation programs, combined heating and |
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power technology, demand response programs, solar incentive |
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programs, appliance efficiency standards, energy efficiency |
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programs in public buildings, energy storage technology, and any |
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other relevant programs that are reasonably anticipated to reduce |
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electricity energy or peak demand or that serve as substitutes for |
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electric supply. |
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(d) The commission shall establish a procedure for |
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reviewing and evaluating market-transformation program options |
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described by this subsection and other options. In evaluating |
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program options, the commission may consider the ability of a |
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program option to reduce costs to customers through reduced demand, |
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energy savings, and relief of congestion. Utilities may choose to |
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implement any program option approved by the commission after its |
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evaluation in order to satisfy the goal in Subsection (a), |
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including: |
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(1) energy-smart schools; |
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(2) appliance retirement and recycling; |
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(3) air conditioning system tune-ups; |
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(4) the use of trees or other landscaping for energy |
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efficiency; |
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(5) customer energy management and demand response |
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programs; |
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(6) high performance residential and commercial |
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buildings that will achieve the levels of energy efficiency |
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sufficient to qualify those buildings for federal tax incentives; |
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(7) programs for customers who rent or lease their |
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residence or commercial space; |
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(8) programs providing energy monitoring equipment to |
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customers that enable a customer to better understand the amount, |
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price, and time of the customer's energy use; |
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(9) energy audit programs for owners and other |
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residents of single-family or multifamily residences and for small |
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commercial customers; |
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(10) net-zero energy new home programs; |
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(11) solar thermal or solar electric programs; [and] |
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(12) programs for using windows and other glazing |
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systems, glass doors, and skylights in residential and commercial |
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buildings that reduce solar gain by at least 30 percent from the |
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level established for the federal Energy Star windows program; and |
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(13) thermal, chemical, mechanical, and electrical |
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energy storage technology programs. |
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SECTION 4. This Act takes effect September 1, 2011. |