85R8892 JXC-D
 
  By: Oliveira H.B. No. 1665
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of cross-border electric generating
  facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 39, Utilities Code, is
  amended by adding Section 39.159 to read as follows:
         Sec. 39.159.  SWITCHABLE ELECTRIC GENERATING FACILITIES FOR
  CROSS-BORDER DISPATCH. (a) In this section:
               (1)  "Load shedding condition" means a temporary
  condition on a power grid that requires or may require the
  interruption of firm load.
               (2)  "Mexican power grid" means the electric power grid
  in the northeast region of the United Mexican States.
         (b)  The commission shall adopt rules to encourage the
  development of switchable electric generating facilities that: 
               (1)  are located in this state; and
               (2)  consist of multiple electric generating units each
  of which:
                     (A)  can dispatch into only a single grid at any
  given time but is capable of synchronizing with and dispatching
  into the ERCOT power grid and the Mexican power grid at different
  times; and
                     (B)  may be called on by ERCOT to address a load
  shedding condition.
         (c)  The rules must allow and encourage the adoption of a
  binding coordination agreement by the operators of ERCOT and the
  Mexican power grid to govern the dispatching of energy into the
  ERCOT power grid and the Mexican power grid from a switchable
  electric generating facility described by Subsection (b). 
         (d)  For an agreement described by Subsection (c) that
  requires that a new switchable electric generating facility have a
  nameplate output at least 35 percent of which is from electric
  generating units that, under the agreement, are committed to serve
  the ERCOT power grid to the exclusion of the Mexican power grid
  during an ERCOT load shedding condition, regardless of whether a
  load shedding condition exists on the Mexican power grid, the rules
  must:
               (1)  provide reasonable assurance that access to an
  electric generating unit cannot be denied to the operator of the
  Mexican power grid when the unit is called on by the operator,
  regardless of whether a load shedding condition exists on the ERCOT
  power grid, if the unit is not committed under the agreement to
  serve the ERCOT power grid during a load shedding condition on the
  ERCOT power grid; and
               (2)  establish a process for the commission to evaluate
  an agreement described by Subsection (c) to determine whether the
  agreement qualifies for the protections described by this
  subsection.
         SECTION 2.  The Public Utility Commission of Texas shall
  adopt rules as are necessary to implement Section 39.159, Utilities
  Code, as added by this Act, not later than March 1, 2018.
         SECTION 3.  This Act takes effect September 1, 2017.