82R5658 ALL-D
 
  By: Carona S.B. No. 943
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the classification and use of energy storage equipment
  or facilities and the provision of studies and reports regarding
  energy storage equipment or those facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 31, Utilities Code, is amended by adding
  Section 31.006 to read as follows:
         Sec. 31.006.  ENERGY STORAGE EQUIPMENT OR FACILITIES.
  (a)  The commission by rule shall classify energy storage equipment
  or facilities in this state as a separate class or separate classes
  of equipment or facilities, distinct from generation or
  transmission and distribution equipment or facilities. A rule
  adopted under this section may not prohibit energy storage
  equipment or facilities from being used to provide a service
  related to the generation, transmission, or distribution of
  electricity in this state.
         (b)  The commission by rule shall provide a mechanism for a
  transmission and distribution utility to provide transmission and
  distribution services using energy storage equipment or facilities
  owned or operated by the utility or by another person.
         SECTION 2.  Section 39.904(k), Utilities Code, is amended to
  read as follows:
         (k)  The commission and the independent organization
  certified for ERCOT shall study the need for increased transmission
  capacity, [and] generation capacity, and energy storage capacity
  throughout this state and report to the legislature the results of
  the study and any recommendations for legislation.  The report must
  be filed with the legislature not later than December 31 of each
  even-numbered year and may be filed as a part of the report required
  by Subsection (j).
         SECTION 3.  Sections 39.905(b-3) and (d), Utilities Code,
  are amended to read as follows:
         (b-3)  Not [Beginning not] later than January 1, 2012 [2008],
  the commission, in consultation with the State Energy Conservation
  Office, [annually for a period of five years] shall compute and
  report to ERCOT the projected energy savings and demand impacts for
  each entity in the ERCOT region that administers standard offer
  programs, market transformation programs, combined heating and
  power technology, demand response programs, solar incentive
  programs, appliance efficiency standards, energy efficiency
  programs in public buildings, energy storage technology, and any
  other relevant programs that are reasonably anticipated to reduce
  electricity energy or peak demand or that serve as substitutes for
  electric supply.
         (d)  The commission shall establish a procedure for
  reviewing and evaluating market-transformation program options
  described by this subsection and other options. In evaluating
  program options, the commission may consider the ability of a
  program option to reduce costs to customers through reduced demand,
  energy savings, and relief of congestion.  Utilities may choose to
  implement any program option approved by the commission after its
  evaluation in order to satisfy the goal in Subsection (a),
  including:
               (1)  energy-smart schools;
               (2)  appliance retirement and recycling;
               (3)  air conditioning system tune-ups;
               (4)  the use of trees or other landscaping for energy
  efficiency;
               (5)  customer energy management and demand response
  programs;
               (6)  high performance residential and commercial
  buildings that will achieve the levels of energy efficiency
  sufficient to qualify those buildings for federal tax incentives;
               (7)  programs for customers who rent or lease their
  residence or commercial space;
               (8)  programs providing energy monitoring equipment to
  customers that enable a customer to better understand the amount,
  price, and time of the customer's energy use;
               (9)  energy audit programs for owners and other
  residents of single-family or multifamily residences and for small
  commercial customers;
               (10)  net-zero energy new home programs;
               (11)  solar thermal or solar electric programs; [and]
               (12)  programs for using windows and other glazing
  systems, glass doors, and skylights in residential and commercial
  buildings that reduce solar gain by at least 30 percent from the
  level established for the federal Energy Star windows program; and
               (13)  thermal, chemical, mechanical, and electrical
  energy storage technology programs.
         SECTION 4.  This Act takes effect September 1, 2011.