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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of rates for certain non-ERCOT |
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utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.112(g), Utilities Code, is amended to |
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read as follows: |
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(g) This section expires September 1, 2031 [2023]. |
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SECTION 2. Section 36.211(f), Utilities Code, is amended to |
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read as follows: |
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(f) This section expires September 1, 2031 [2023]. |
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SECTION 3. Section 36.212(g), Utilities Code, is amended to |
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read as follows: |
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(g) This section expires September 1, 2031 [2023]. |
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SECTION 4. Subchapter E, Chapter 36, Utilities Code, is |
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amended by adding Section 36.213 to read as follows: |
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Sec. 36.213. RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT |
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UTILITIES. (a) This section applies only to an electric utility |
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that operates solely outside of ERCOT. |
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(b) To encourage generation investment, an electric utility |
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may file, and the commission may approve, an application for a rider |
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to recover the electric utility's reasonable and necessary power |
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generation investment and costs associated with that investment. |
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(c) To enable full and timely recovery, an application under |
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Subsection (b) may be filed by the electric utility and approved by |
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the commission before the electric utility places the power |
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generation investment in service. |
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(d) Any rider approved under Subsection (b) shall take |
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effect on the date the power generation investment begins providing |
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service to the electric utility's customers. |
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(e) If a rider approved under Subsection (b) includes |
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incremental generation investment greater than $200 million on a |
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Texas jurisdictional basis, the electric utility that filed the |
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rider shall initiate a comprehensive base rate proceeding at the |
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commission not later than eighteen months after the date the rider |
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takes effect. |
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(f) A rider approved under Subsection (b) shall account for |
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changes in the number of an electric utility's customers and the |
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effects, on a weather-normalized basis, that energy consumption and |
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energy demand have on the amount of revenue recovered through the |
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electric utility's base rates. |
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(g) The commission shall adopt rules as necessary to |
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implement this section. |
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SECTION 5. Not later than September 1, 2020, the Public |
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Utility Commission of Texas shall adopt rules required by Section |
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36.213(g), Utilities Code, as added by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |